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AP Govt. CPHS Chap 5
| Question | Answer |
|---|---|
| Civil Liberties | the personal garantees and freedoms that the federal government cannot abridge by law, Constitution, or Judicial interpretation |
| Civil Rights | the governement protected rights of individuals against arbitrary or discriminatory treatment |
| Bill of Rights | first ten amendments of the Constitution which largely garantee specific rights and liberties |
| Ninth Amendment | Part of the Bill of Rights that reads: "the innumeration in the constitution certain rights shall not be contructed to deny or disparage others retained by the people |
| Supstantive Due Process | Judicial Interpretation of the Fifth and Fourteenth ammendent due process clause that protects citizens from arbitrary or unjust laws |
| Incorporation Doctrine | Interpretation of the Constitution that holds that the Due Process Clause of the 14th 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 aplicable to the states through the 14th amendment |
| Fundamental Freedom | The rights defined by the court to be essential to order, liberty, and justice |
| Establishment Clause | The First Clause in the 1st amendment which prohibits the US government from interferring with the citizen's right to practice his/her religion |
| Free Exorcise Clause | The 2nd Clause of the 1st amendment which prohibits the US government from interfeering with the citizen's right to practice his/her religion |
| Prior Restraint | Constitutional Doctrine which prevents the government from prohibiting speech or publication before the fact, which is generally held to be in violation of the first amendment |
| Clear and Present Danger Test | The test articulated by the Supreme Court to draw the line between protected and unprotected speech. the court looks to see whether the words use create a clear and present danger and bring about substantive evils that the Congress seeks to prevent |
| Direct Incitement Test | Test articulated by the Supreme Court that holds the advocacey of illegal action is protect by the 1st amendment unless 'iminant lawless action is intended and likely to occur' |
| Symbolic Speech | Symbols, signs, and other methods of expression generally also considered to be protect by the 1st amendment |
| Libel | False written statement(s) tending to call someone's reputation into disripute |
| Slander | Untrue spoken statements that defame the character of a person. |
| New York Times Comp. v Sullivan | The Supreme Court concluded that actual malice must be proved to support a finding of libel against a public figure |
| Fighting Words | Words that inflict injury or tend to incite immediate breach of peace, and they are not restricted by the 1st amendment |
| Due Process Rights | Procedural Guarantees proveded by the 4th, 5th, 6th, 8th amendments for those accused of crimes |
| Miranda v. Arizona | Supreme Court ruling that requires that individuals arrested for a crime must be advised of their right to remain silent and have counsel present |
| Exclusionary Rule | Judicialy created rule that prohibits police from using illegally seized evidence at a trial |
| Right to Privacy | The right to be let alone and it's judicially created doctrine incompassing an individual's decision to use Birth control or have an Abortion |
| Fourth Amendment | The right of the people to be secure. Protects citizens against unlawful search and seizure |
| Fifth Amendment | Provides for indictment from a Grand Jury, protects from self incrimination, and prevents the government from denying a person life, liberty, or property without due process |
| Sixth Amendment | Sets the basic requirement of procedural due process for courts to follow in trial, including the right to a speedy trial |
| Eighth Amendment | Accessive bail should not be required, nor should accessive fines be imposed, and nor should cruel and unusual punishment be inflicted |
Created by:
Levanda
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