Unit 3 AP Gov CL+CR

• Civil liberties


  Rights accorded to an individual by the Constitution
• Civil rights


  Protecting certain groups from discrimination based on characteristics such as their sex, sexual orientation, race, or ethnicity
• Due process of law (due process clause) 


  Denies the government the right, without due process, to deprive people of life, liberty, and property
• Equal protection of the laws (equal protection clause) 


  A standard of equal treatment that must be observed by the government
• Ex post facto laws


  A law that makes an act criminal even though the act was legal when it was committed
• Writ of Habeas Corpus

  An order to produce an arrested person before a judge to ASK WHY THEY ARE BEING DETAINED
• Civil rights

  Protects the people from the people
• Civil liberties

  Protects the people from the government
• First Amendment

  Freedom of speech, freedom of the press, freedom of religion, freedom of assembly, freedom of petition
• Establishment Clause


  The United States government cannot establish one national religion or force citizens to practice it or value it more than other religions

  -cannot favor 1 religion over others

  -cannot favor religious people versus non-religious people
• Free Exercise Clause

  Anyone can practice any religion they'd like as long as their practices don't conflict with criminal law
• Due Process

  Application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected
• Libel

  A written statement that defames the character of another person (If spoken, it is called slander)
• Obscenity

  Material which deals with sex in a manner appealing to prurient interest

  -Not protected by the First Amendment

  -Regulated by the state
• Commerce Clause

  The clause that allows Congress to regulate interstate trade and economic transactions
• Executive privilege

  Informal power that allows the President to refuse disclosure of information regarding confidential conversations or national security to the Legislative or Judicial branch (limited by US v. Nixon)
• Prior Restraint

  Allows the government to review the content of printed materials and prevent their publication

  -press has freedom FROM prior restraint
• Clear-and-present-danger test


  Law should not punish speech unless there is a clear and present danger of producing harmful actions. Threat must also be real
• Exclusionary rule

  Improperly gathered evidence may not be introduced in a criminal trial
• Lemon test

  A 3-pronged test used to determine what funding can go to religious schools

  -It has a strictly secular purpose

  -Its primary effect neither advances nor inhibits religion

  -It does not foster an excessive government entanglement with religion
• Fighting Words

  Abusive or insulting language that has "a direct tendency to cause acts of violence"
• Freedom of the Press

  Spoken and written words that are made public and circulated
• Freedom of Assembly


  The freedom to gather in groups for any reason as long as we are peaceful
• Freedom of Petition

  The freedom to draft formal requests that are made by citizens and signed by many people

  You have the right to try to get the government to listen to you
• Non-protected Speech

  Speech that is NOT protected by the First Amendment
• Commerce Clause

  Gives Congress the power to regulate trade and financial transactions between States
• Fifth Amendment

  "No persons shall be...compelled in any criminal case to be a witness against himself"
• 14th Amendment

  1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
  2. Nor shall any State deprive any person of life, liberty, or property, without due process of law (Due Process Clause)
  3. Nor deny to any person within its jurisdiction the equal protection of the laws (Equal Protection Clause)
• Double Jeopardy

  A person who has been found not guilty cannot be put on trial again for the same crime
• Eminent Domain


  The government can only take your property with fair compensation
• Miranda rights

  Rights accorded to a person to help avoid incrimination when questioned

  -The right to remain silent

  -Anything you say can and will be used against you in a court of law

  -You have the right to an attorney, either retained or appointed
• Selective Incorporation


  Taking something from the Bill of Rights and applying it to the states (Bill of Rights only applies to the Federal Government)
• Right of Habeas Corpus


  The right to be told the charges brought against you
• Rights of a person accused of a crime

  The due process rights and the 4th, 5th, 6th, and 8th Amendments
• Majority-Minority districts



  When the most populous group is composed of minority groups rather than majority groups
• Bill of Attainder


  A law that pronounces an individual guilty of a crime without a trial
• 15th Amendment


  "Guaranteed that the right to vote could not be denied based on 'race, color, or previous condition of servitude.'"
• Equal Employment Opportunities Commission (EEOC)


  Ensures there is no discrimination when hiring and ensures workers are following all the rules
• 1968 Fair Housing Act


  Combats Restrictive Covenants and other measures encouraged through “White Flight”
• Equality of Opportunity

  Leveling the playing field; all get the same support so the same outcomes are more possible