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AP Government and Politics > Unit 3 > Flashcards

Unit 3 Flashcards

1
Q

Civil Liberties

A

Personal freedoms protected from the government from deprivation: protected in the Bill of Rights

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2
Q

Due Process

A

Ensures fairness that rights are protected from the government
- ensures that states can’t infringe on peoples rights/liberties without due process of the law
- 14th Amendment

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3
Q

Selective Incorporation

A

The process of declaring certain/selected provisions from the Bill of Rights and applying them to the states by provision

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4
Q

Compelling Government Interest

A

There can be restrictions on what you want to say
- ex a threat
- a compelling interest to protect safety

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5
Q

Prior Restraint

A

Stopping something before it happens
ex. you hand in a speech and the person checking says you have to change something before you present
- the government stopping harmful speech before it happens

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6
Q

Clear and Present Danger Test

A

Schenck v US
- no longer followed; updated; back then, if your speech would present a clear and present danger to society or gvmnt then it can be restricted

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7
Q

Imminent and Lawless Action Test

A

Brandenburg v Ohio
- only if speech can lead to lawlessness - happening now or likely to occur then it can be limited

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8
Q

Symbolic Speech

A

Speech not spoken
- posters, signs, etc
People can’t invoke symbol speech to defend an act that otherwise be illegal
- ex. you can’t walk taken to protest textiles
- can’t burn or desecrate US (US v Eichmann and Texas v Johnson)

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9
Q

Preferred Position Doctrine

A

There is an hierarchy of Constitutional rights
- some civil rights are more important than others

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10
Q

Time, Place, and Manner Test

A

the time, place, and manner of your speech can be restricted
Government regulations that place restrictions on free speech, specifying the above and whether it is okay

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11
Q

Obscenity

A

Some language and images are so offensive that governments have banned them
First Amendment doesn’t protect it and not full defined
ex. explicit lyrics or porn

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12
Q

Non-protected Speech

A

Libel/Slander
Obscenity
Fighting Words
Lying commercial speech

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13
Q

Libel/Slander

A
  • Gotta be factually untrue
  • has to be intended to cause harm
  • actually caused harm
    Libel: printed - Slander: spoken
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14
Q

Sedition

A

Talking smack on the government but more low-key then treason or espionage, isn’t really much of a thing anymore because you can openly talk against the government

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15
Q

Fighting Words

A

When you threaten someone
- since you are putting someone in potential psychical harm
- assault (threatening someone physical harm)

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16
Q

Commercial Speech

A

Suggesting/lying/implying to deceive consumers
- like regulations on food labels

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17
Q

Civil Disobedience

A

Opposing a law one considers unjust by peacefully disobeying it and accepting the resulting punishment
- Martin Luther King Jr and Rosa Parks

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18
Q

Establishment Clause

A

Congress shall make no law respecting an establishment of religion
- no official religion
- no states can establish religion

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19
Q

Free Exercise Clause

A

Congress shall make no law prohibiting the free exercise of any religion

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20
Q

Vouchers

A

School or state is giving money for their taxes and giving it to the parent for them to use for things like a private school

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21
Q

Procedural vs Substantive Due Process

A

Procedural: refers to the process used to try and convict defendants accused of crimes
Substantive: principle allowing courts to prevent government interference with fundamental rights

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22
Q

Search Warrants

A

Document needed to search a suspect’s house, car, belongings, etc
- probable cause is needed
- cops need these from judges

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23
Q

Plain View and Other Exceptions

A

-Good Faith: While searching for something, you found something unrelated you can use it!!
-Consent to searching but they’ll make you wait while waiting for a warrant
-Emergency: hear or see something that could be a potential emergency
-Plain View: if it’s in plain sight

24
Q

Self-Incrimination

A

5th Amendent
individuals accused of a crime have the right refuse potentially incriminating things with things like words and testimonies from themselves to themselves

25
Indictment
5th Amendment Precedes a trial; being arrested for a crime; government has to show enough evidence to a grand jury - you won't be tried unless indicted
26
Double Jeopardy
5th Amendment Trial or punishment for the same crime by the same government, protected against this
27
Right to Privacy
9th Amendment: all rights not mentioned (1-8) go to the people Cases related: Griswold v CT, Roe v Wade, Dobbs v Jackson Woman's Health
28
Civil Rights
Your protection from discrimination - stems from Equal Protection Clause
29
Equal Protection Clause
14th Amendment All American citizens have equal protection under law - no state shall deprive someone of equal protection of law
30
Jim Crow Laws
Things like, in this place only white people can sit here - segregation of schools separate but equal (enforced by Plessy v Ferguson) - literacy tests - payment for things - primaries were only white only
31
Racial Gerrymandering
Drawing district lines based on race - illegal
32
Poll Tax
Paying to vote to prevent black people living in lower income areas from voting
33
Literacy Tests
Tests of literacy to vote in order to prevent black people with no education from voting
34
White Primaries
flat out discrimination - primaries were white only - primaries were important because they elect the head of the party
35
Segregation
Separate but equal - technically equal treatment, but they were separated - not the case
36
Woman's Suffrage
Movement for women's equal rights and opportunities
37
Majority-Minority Districts
A racial or ethnic minority makes up a large enough area to assure the community has a chance to elect candidates of their race
38
Affirmative Action
Take positive steps to fix a problems - recognize inequality and promote the realization of equal opportunity for woman and minorities - grey area because once you give someone an advantage, how do you make sure scales don't tip the other way
39
De Jure Segregation
In law - what is challenged in civil rights - no person shall be denied equal protection of law - laws such as segregating schools
40
De Fact Segregation
In Fact - happens in reality, people group together around characteristics - think chinatown and little Italy - Diaspora - not government policy
41
Texas v Johnson - 1989
1st Amendment Symbolic Speech Protested Reagan administration, burned flag symbolically while protesters chanted - 5-4 for Johnson - symbolic speech was preserved, outweighed interest in preserving the flag
42
Brandenburg v Ohio -1969
1st Amendment Free Speech Ohio had laws against advocation of crime, sabotage, violence, or assembling a group to do so - went against Brandenburg free speech - unanimous decision for shithead tests to evaluate speech - imminent lawless action
43
Kennedy v Bremerton - 2022
1st Amendment Establishment and Free Exercise Engaged in prayer solo and students eventually joined - school board got word - avoid issues with Establishment they trampled on his Free exercise - ruled in favor of coach and replaced Lemon test and endorsement test, knocked down - created gray area of what the gvt can and can't do when it comes to religion
44
Mapp v Ohio - 1961
4th Amendment Search and Seizure Bombing in Cleveland - if you find evidence through illegal methods, it has to be excluded from trial and can not be used against defendant - with exceptions
45
New Jersey v TLO - 1985
4th Amendment Search and Seizure TLO - high school who was searched out of suspicion of possession of cigarettes and found those and weed - exclusionary apply to schools rules in favor of New Jersey saying that if there was reason, schools could conduct warrantless searches
46
Miranda v Arizona - 1966
5th Amendment Rights to the Accused Police must inform suspects of their rights before questioning
47
Griswold v CT - 1965
9th Amendment Right to Privacy Connecticut tried to ban contraceptives SCOTUS ruled their ban violated right to privacy
48
Roe v Wade - 1973
9th Amendment Right to Privacy If you can have privacy in your head and home, you can have privacy in your own body - you can seek abortion
49
Dobbs v Jackson - 2022
9th Amendment Right to Privacy Overturned Roe v Wade - any state can restrict or deny a women's right to an abortion
50
Plessy v Ferguson - 1896
Plessy (white) sat in a black only car, got fined (Ferg) - SCOTUS rules separate but equal, Plessy couldn't do that, had to sit in white areas only - made Segregation by law okay
51
Civil Rights of 1964
Addressed voting prevented racial discrimination and segregation; ended the power of Jim Crow laws
52
Title IX - Equal Opportunity in Education Act of 1972
No person of the US will be discriminated - guaranteed women have the same educational opportunities in programs for federal funding
53
Obergefell v Hodges - 2015
Legalized gay marriage - protected by Due process and Equal Protection
54
UCal v Bakke - 1978
Uni of Cal's use of racial quotas in admissions process was unlawful
55
Students for Fair Admission v Harvard - 2023
Asian american applicants to Harvard grew but percent in Harvard didn't - applicants will not have to check boxes for race, race won't be relevant in anyway for college

AP Government and Politics (6 decks)

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