AP Government Unit 4 Vocab

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Art. 3, Section 1

1 / 40

41 Terms

1

Art. 3, Section 1

Federal judges have life terms unless they commit an impeachable offense

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2

Art. 3, Section 2

SCOTUS is an appellate court except in some cases

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3

Art. 3, Section 3

Treason defendants have the right to a jury

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4

Federalist 78

Argues that there should be a Supreme Court because it is needed to interpret the constitution and to keep the other two branches in check

they do not have the power of the purse or the sword

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5

Certiorari

“to make more certain”; someone asks the court to look over a case again (appeal)

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6

Petitioner

person who appeals a case

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7

Respondent

Person defending the outcome of a previous case

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8

Binding Precendent

All lower courts must listen to the precedent established by the most superior court body

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9

Persuasive precedent

The use of previous precedent to help determine how to decide in a case/ establish a new precedent

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10

Stare Decisis

“let the decision stand”

courts should follow the past interpretation of the law

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11

Judicial Activism

the court changes a lot of precedent; typically see the Constitution as a living and flexible document

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12

Judicial Self-Restraint

when judges decide based on preserving the past precedent; typically see Constitution as a rigid and unchanging document

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13

Litmus Test

How the public determines a judge’s ideologies based on past decisions

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14

Senatorial Courtesy

When the president listens to the Senate when deciding who to nominate for judge positions

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15

Schenck v. US

1st amendment, freedom of speech

Speech that promotes violence or makes someone unsafe is not protected

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16

Tinker v. Des Moines

1st amendment, freedom of speech

Students are allowed to participate in political speech so long as it does not disrupt the class; you cannot stop speech because you think it may be disruptive

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17

New York Times v. US

1st amendment, free speech

The government cannot censor journalists because they think it may cause a threat to national security/ public safety

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18

Enel v. Vitale

1st amendment, establishment clause

Public schools are not allowed to sponsor religious activities or establish religious traditions in class (e.g. daily morning prayer)

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19

Wisconsin v. Yoder

1st amendment, free exercise clause

Rules and laws can be broken in order to allow people to practice their religion (within reason)

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20

McDonald v. Chicago

2nd amendment

All citizens have the right to purchase/ own firearms

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21

Gideon v. Wainwright

6th amendment

Criminal defendants must be given access to a lawyer

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22

Roe v. Wade

Zones of privacy (1st, 3rd, 4th, 5th, & 9th amendments)

Citizens have the right to privacy and that includes a women’s right to obtain an abortion

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23

Selective Incorporation

the process of applying the Bill of Rights, liberty by liberty, to the states through the 14th amendment

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24

Compelling governmental interest

there is a very strong reason for the government to infringe on a person’s liberties

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25

Prior Restraint

the government cannot stop speech because they think it may be harmful

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26

Clear & Present Danger

Someone’s use of their speech puts others at risk/ lead to the spread of harmful actions/ ideology

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27

Symbolic Speech

when someone’s actions have political meaning; cannot be used to justify violence/ law breaking

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28

Obscene Speech

Speech that is determined to be offensive or vulgar; court has not created an official definition

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29

Defamation

when someone prints or shares something false with the intent to damage another person’s reputation (not protected)

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30

1st Amendment, Establishment Clause

government or governing body cannot create a national religion

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31

1st Amendment, Free exercise clause

People have the freedom to practice their religion however they want (as long as it does not hurt anyone else/ within reason)

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32

Lemon Test

Test created by SCOTUS to see if any government actions break the establishment clause

  1. non-religious purpose 2) cannot change the conditions of anyone’s religion 3) does not create a relationship between a religious institution and the government

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33

Procedural due process

How the law is carried out

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34

Substantiate due process

whether or not the law itself violates somebody’s rights

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35

Civil Rights

the rights of entire groups of people

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36

14th Amendment

All citizens of the US should be protected under the same rights across all states, everyone is given due process, and there is equal protection under the law

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37

Separate but equal

Plessy v. Ferguson decision that said people could discriminate so long as the facilities were equal in quality or function

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38

Strict Scrutiny

type of judicial review used in cases regarding discrimination

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39

Don’t Ask, Don’t Tell

Legislation passed by Clinton that did not allow the military to look into a person’s sexuality and did not allow service people to disclose their sexuality

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40

Defense of Marriage Act (DOMA)

Says that states did not have to protect non-traditional (heterosexual) marriages

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41

Obergefell v. Hodges

SCOTUS rules that it is unconstitutional for states to discriminate against LGBTQ+ relationships and marriages

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