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AP US Gov. Ch. 5
Vocab and Terms from Chapter 5 of AP US. Government and Politics
| Question | Answer |
|---|---|
| Civil Rights | The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation. |
| Civil Rights | The government-protected rights of individuals against arbitrary or discriminatory treatment. |
| Bill of Rights | The first 10 amendments to the U.S. constitution |
| Ninth Amendment | Part of the Bill of Rights that reads "The enumeration in the Constitution, of certain rights, shall not be construed to deny of disparage others retained by the people." |
| Tenth Amendment | Part of the Bill of Rights that reiterates that powers not delegated to the national government are reserved to the states or to the people. |
| Due Process Clause | Clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. |
| Substantive Due Process | Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust laws. |
| Incorporation Doctrine | An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights. |
| Selective Incorporation | A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendments. |
| Fundamental Freedoms | Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny. |
| First Amendment | Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition. |
| Establishment Clause | The first clause in the First Amendment; it prohibits the national government from establishing a national religion. |
| Free Exercise Clause | The second clause of the First Amendment; it prohibits the U.S. government from interfering t=with a citizen's right to practice his or her religion. |
| Prior Restraint | Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment. |
| Writ of habeas corpus | Court order where judge requires authorities to prove that prisoner being held lawfully and allows prisoner be freed if judge isnt persuaded by the govt case. Habeas corpus rights imply that prisoners have right to know what charges are against them.” |
| Bill of attainder | A legislative act that inflicts punishment on individuals without any kind of judicial action. Prohibited by the Constitution. |
| Bill of Rights | The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties. |
| Civil liberties | The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation. |
| Civil rights | The government protected rights of individuals against arbitrary or discriminatory treatment. |
| Clear and present danger test | Test made by Supreme Court in Schenk v. U.S. to draw line between protected and unprotected speech;Court looks to see if words could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent”. |
| Direct incitement test | Test articulated by the Supreme Court in Brandenburg v. Ohio that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur. |
| Double jeopardy clause | Part of the Fifth Amendment that protects individuals from being tried twice for the same offence. |
| Due process clause | Clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. |
| Eighth Amendment | Part of the Bill of rights that states:: “Excessive bail shall not be required, not excessive fines imposed, not cruel and unusual punishments inflicted.” |
| Establishment clause | The first clause in the First Amendment; it prohibits the national government from establishing a national religion. |
| Exclusionary rule | Judicially created rule that prohibits police form using illegally seized evidence at trial. |
| Ex post facto law | From the Latin fro “after the fact,” a law that applies to actions committed before the law was passed. Prohibited by the Constitution. |
| Fifth Amendment | Part of Bill of Rights make restrictions on fed govt w/ respect of rights of persons suspected of crime. Provides protection against self-incrimination + prevents the govt. from denying life liberty or property w/out due process of law. |
| Fighting words | Words that, “by their very utterance inflict injury or tend to incite an immediate breach of peace.” Fighting words are subject to the restriction of the First Amendment. |
| First Amendment | Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people including freedoms of religion, speech, press, assembly, and petition. |
| Fourth Amendment | “The rights of the people, to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause |
| Free exercise clause | The second clause of the First Amendment; it prohibits the U.S. government form interfering with a citizen’s right to practice his or her religion. |
| Fundamental freedoms | Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny. |
| Incorporation doctrine | An interpretation of the Constitution that holds that the due process clause of the fourteenth amendment requires that state and local govt. also guarantee those rights. |
| Libel | False written statement or a written statement tending ot call someone’s reputation into disrepute. |
| Miranda rights | Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment including the right to an attorney provided by the court if the suspect cannot afford one. |
| Miranda v. Arizona | A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. |
| New York Times Co. v. Sullivan | The Supreme Court concluded that “actual malice” must be proved to support a finding of libel against a public figure. |
| Ninth Amendment | Part of the Bill of Rights that reads “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others restrained by the people.” |
| Prior restraint | Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment. |
| Right to privacy | The right to be left a lone; a judicially created principle encompassing a variety of individual actions protected by the penumbras or shadows cast by several constitutional amendments, including the first, third, fourth, ninth, and fourteenth amendments. |
| Roe v. Wade | The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that should be implied form specific guarantees found in the Bill of Rights applied to the states through the fourteenth amendment. |
| Selective incorporation | A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment. |
| Sixth Amendment | Part of Bill of Rights sets requirements of due process in trials. These include speedy + public trials, impartial juries trials in the state where crime was committed, notice of the charges, right to confront + get favorable witnesses + right to counsel. |
| Slander | Untrue spoken statements that defame the character of a person. |
| Substantive due process | Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses that protects citizens from arbitrary or unjust laws. |
| Symbolic speech | Symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment. |
| Tenth Amendment | Part of the Bill of Rights that reiterates that powers not delegated to the national government are reserved to the states or to the people. |
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