AP GOV UNIT 5 Flashcards
(54 cards)
Civil liberties
These are the natural rights and freedoms protected by the Constitution.
1st amendment
From government intereference
Civil rights
These are the rights of individuals in order to receive equal treatment and protection under the law.
This differs form civil liberties because rights are guarantees of equal treatment and protection while liberties are freedoms from gov. interference.
Discrimination
Bill of Rights
Heavily advocated by the Anti-Federalists, ratified in 1791.
These guarantee rights and liberties to individual, protecting from governmental outreach.
9th & 10th Amendments
The 9th amendment said that if a right was not explicitly said in the Constitution, does not mean it was not a right held by the people.
The 10th amendment reinforced federalism by stating that power not directly given to the federal government or not taken away from the states, are “reserved to the people”.
Due Process Clause
This is found in both the 5th and 14th amendment.
The government cannot deprive a person of life, liberty, or property without fair procedures and the right to be heard before the government (Due Process)
Two types of due process
Substantive and Procedural
Procedural is if they followed the steps, the government action must be fair.
Substantive due process
This examines whether the content of a law or government action infringes upon fundamental rights.
Right to Marry: Loving v. Virginia- fundamental right to marry
Addressing whether the rules are valid, makes sense, and work.
Incorporation Doctrine
This is a legal principle that makes the protections of the Bill of Rights applicable to state governments.
McDonald v. Chicago - 2nd amendment right to bear arms holds the right to keep and bear arms to state and local governments.
Selective Incorporation
The case-by-case application of the Bill of Rights tot the states through the 14th amendment. This limits state regulations that may infringe on civil rights and liberties.
Fundamental Freedom
These are the basic rights that are essential to a democratic society.
SCOTUS has defined and expanded these fundamental freedoms through cases like Gitlow v. New York and NY Times v. Sullivan
1st Amendment
Guarantees 5 key liberties to American citizens.
Religion - Right to practice their religion or no religion.
Wisconsin v. Yoder - Amish student allowed to not go to school after 16 due to Amish religious
Speech - Expressing Opinions
Tinker v. Des Moines - students have the right to free speech in school, even if it critical to the government.
Press - Individuals can access and publish information without fear of government.
NY Times v. US - Government cannot prevent publication of classified papers
Peaceful Assembly - Individuals to gather and express their opinions through protests.
Civil Rights Movement
Petition Government - Individuals can voice their complains to change important issues. Holding Gov. accountable by making them respond and consider these petitions.
Establishment Clause
This prevents the government from establishing an official religion, therefore not favoring one religion over another.
If there is a display of religion there has to be a balance.
A school cannot coerce you into religion (Forced prayer)
Free exercise clause
This protects an individual’s right to practice their religion freely, or not practice at all.
Cannot be polygamous
Cannot be forced to salute the flag
Lemon Test
A 3 part standard to determine whether a law violates the establishment clause of the 1st amendment.
1 - lacks non-religious (secular) purpose
2 - primary effect of “endorsing” a religion
3 - Excessively entangles the government in religion.
Prior Restraint
A severe infringement on 1st amendment by the government preventing speech or expression before it takes place.
“Gatekeeper to free expression”
Clear and Present Danger Test
A legal standard established after Schenck v. US, this allows the government to restrict speech if it poses a clear and immediate threat to inciting violence or endangering national security.
Putting the country in danger
Direct incitement test
This allows the government to only restrict speech when it is intended to and will likely cause ‘imminent lawless action’
Replaced the Clear and Present Danger Test
As long as you don’t say you want to overthrow the government.
Symbolic Speech
These are under the 1st amendment
Nonverbal actions that communicate a message
Tinker v. Des Moines - symbolic speech in schools, cannot disrupt school environment
Texas v. Johnson - Right to burn the American flag
Hate Speech
Expression that attacks/discriminates against individuals or groups based on race, religion, ethnicity, sexual orientation, disability, or gender.
Potential to incite violence, so regulated by SCOTUS
Libel & Slander
Libel is a form of defamation, this is the publication of false statements that harm someone’s reputation
Slander is a form of defamation, a false ORAL statement that damages another person’s reputation
Strict Scrutiny
Highest level of Scrutiny applied by courts to government
SCOTUS determines whether the legislation or gov. actions discriminate on basis of race, national origin, and religion.
The government has to prove that there is a compelling state interest and the law is NARROWLY tailored.
Does it take away a right. And if it does, better have a good reason.
NY Times Co. Sullivan
The 1st amendment protects freedom of speech and freedom of the press.
NY times published an article about MLK jr. defendant funds. Sullivan felt criticized and sued for libel action.
SCOTUS determined that if the party did not know the information was inaccurate it is not defamation.
Fighting Words
These are words that have the power to invoke acts of violence.
Threatening someone
Words that would cause physical confrontation.
IT IS NOT:
Offensive speech not directed at an individual.
Speech that causes upset but not immediate violence
Symbolic expression (Burning a flag) Texas v. Johnson
2nd Amendment
Right to bear arms. Protects an individual’s right to possess firearms for self defense (McDonald v. Chicago)
NRA heavily advocates for a strict interpretation in that we should bear arms but others argue that it was needed for colonizers at the time.
4th amendment
Unreasonable searches by the government.
Requirements for warrants and probable cause
Applies to smart devices
