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AP GOVERNMENT TERMS > Civil Liberties & Civil Rights > Flashcards

Civil Liberties & Civil Rights Flashcards

(55 cards)

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1
Q

Civil Liberties

A

protections against government restrictions on the freedoms of conscience, religion, and expression - as well as due process a fair trial procedure

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2
Q

Civil Rights

A

the rights of all people to due process and the equal protection of the laws, including the right of all people to be free from irrational discrimination

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3
Q

Legal Privileges

A

rights granted by the government that may be subject to conditions

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4
Q

Writ of habeas corpus

A

a court order requiring the explanation to a judge as to why a prisoner is being held in custody

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5
Q

Ex post facto laws

A

a retroactive criminal law that works to disadvantage a person

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6
Q

Due Process Clause

A

limits the state and federal government from depriving a person of life, liberty, or property without due process of law; in the fifth and fourteenth amendment

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7
Q

Selective Incorporation

A

the process of applies the provisions of the Bill of Rights

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8
Q

Cases that deal with the freedom of Speech

A
  • Schenck v. the United States (1919)
  • Tinker v. Des Moines (1969)
  • New York Co. v. United States (1971)
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9
Q

Cases that deal with the freedom of Religion

A
  • Wisconsin v. Yoder (1972)
  • Engel v. Vitale (1962)
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10
Q

Cases that deal with the freedom of Privacy/ Property

A
  • Roe v. Wade (1973)
  • McDonald v. Chicago (2010)
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11
Q

Cases that deal with Rights of Defendant

A
  • Gideon v. Wainright (1963)
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12
Q

Establishment Clause

A

states that any level of government may not create an establishment respecting any religion; in the First Amendment

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13
Q

Free Exercise Clause

A

states that congress can make no law that prohibits the free exercise of religion; in the First Amendment

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14
Q

Bad Tendency Test

A

allowed the restricting of speech that encourages illegal activity

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15
Q

Clear and Present Danger Test

A

government cannot interfere with speech unless it presents a clear and present danger that will lead to evil or illegal acts

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16
Q

Preferred Doctrine Policy

A

interpretation of the First Amendment that holds that people can only be punished for what they do, not what they say

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17
Q

Prior Restraint

A

Censorship from government on speech prior to its publication or broadcast

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18
Q

Content Neutral/ Viewpoint Neutral

A

courts are more likely to uphold laws that limit all content, as opposed to laws that limit a certain viewpoint

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19
Q

Libel

A

published falsehoods that harm a person’s reputation

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20
Q

Obscenity

A

speech ‘excessively concerned with sexual matters’ difficulty defining obscenity

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21
Q

Fighting words

A

words that directly lead to a breach of the peace

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22
Q

Civil Disobedience

A

deliberate refusal to obey a law or comply with the orders of public

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23
Q

Eminent Domain

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A

the ability to take private property for public use

24
Q

Regulatory Taking

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A

allows a person to physically own their property - but still restricts the use of the land due to government regulation

25
Procedural Due Process
constitutional requirement that governments proceed by proper methods; limits how government can exercise power
26
Substantive Due Process
constitutional requirement that governments act reasonably and that the substance of laws themselves be fair and reasonable; limits what a government may do
27
Exclusionary Rule
a legal requirement that evidence gathered illegally be excluded from a criminal trial; violates the Fourth Amendment
28
Before a trial begins, a person must be ______ by a grand jury
indicted
29
Grand Jury
a jury that is concerned with reviewing that available evidence, and determining if there is enough to charge the defendant; differs from a trial jury
30
Civil Rights
protections against discrimination resulting from the division of majority and minority in population
31
Difference between Civil Rights and Civil Liberties
Civil Rights show what the government must do in order to provide equal protection; Civil Liberties show what the government is not allowed to do
32
Poll Tax
a required payment of a fee to vote; disenfranchised both poor white and poor black voters
33
Grandfather Clause
a law that limited voting to only people that could prove their ancestors voted prior to 1867
34
Literacy Test
a test that required prospective voters to read, recite, or interpret text in the Constitution
35
White Primary
a state primary election whose voters were exclusively limited to the white population
36
Types of Voting Barriers
- Poll Tax - Grandfather Clause - Literacy Test - White Primary
37
Types of Segregation
- De Jure Segregation - De Facto Segregation
38
De Jure Segregation
segregation resulting from discriminatory laws or government actions
39
De Facto Segregation
segregation resulting from factors other than laws - residential patterns, choice, etc.
40
Which Amendment do "Separate but Equal" facilities violate?
They violates the Equal Protection Clause of the 14th Amendment
41
What is the general concept of Civil Rights?
nonviolence
42
Malcom X
the most visible leader of the early Black Power movement
43
Black Power Movement
an alternative movement that happened both simultaneously and after the Civil Rights movement
44
Traits of the Black Power Movement
- takes a more militant stance; people should fight back when oppressed - desegregation should not result in cultural assimilation
45
Timeline of the Civil Rights Movement
- Rosa Parks refused to move from her seat and was arrested (1955) - Dr. King and other pastors meet in Atlanta to discuss protests (1957) - Ruby Bridges is escorted in Willian Frantz Elementary School (1960) - The "Freedom Riders" - black and white activists - rode buses and protested racial segregation (1961) - "March on Washington" and Dr. King's "I Have a Dream" speech (1963) - "Blood Sunday" a March in Selma to Montgomery to protest black voter suppression (1965)
46
Results of the Civil Rights Movement
- Civil Rights Act of 1964 - Voting Rights Act of 1965
47
Civil Rights Act of 1964
a law preventing employment discrimination due to race, color, sex, religion, or national origin
48
Voting Rights Act of 1965
a law that prevents the use of literacy tests for voting, allows the government to review voter qualifications, allows federal observers to monitor polling paces
49
Assassination on Malcom X (1965)
Malcom X is assassinated by members of the Nation of Islam
50
Supreme Court Standards for Judicial Review
- strict scrutiny - intermediate (exacting) scrutiny - rational basis
51
Suspect Classification
a class or group of people that are likely the subject of discrimination
52
When is strict scrutiny used?
when considering a fundamental right at stake or when laws are based on suspect classification
53
When is intermediate scrutiny used?
when considering laws that challenge gender classifications
54
Which is the least strict of the standards of judicial review?
the rational basis test
55
Affirmative Action
policy efforts to improve employment and other opportunities for members of groups that have faced discrimination

AP GOVERNMENT TERMS (6 decks)

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