ap gov- civil liberties and rights

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bill of rights

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58 Terms

1

bill of rights

first ten amendments that establish civil liberties

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2

civil liberties

individual rights protected by law from unjust governmental interference

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3

social order

components of society working together to maintain status quo

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4

individual freedom

rights needed by individuals to pursue life w/o governmental or other interference

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5

selective incorporation

case-by-case incorporation of the bill of rights through the 14th amendment

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6

first amendment

freedom of speech, press, religion, petition, assembly

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7

establishment clause

congress cannot make law that imposes religion onto citizens

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8

free exercise clause

congress cannot make a law that imposes people to exercise their religion in a specific fashion

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9

engel v vitale

I amendment, establishment clause— mandatory prayer in schools not required anymore

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10

wisconsin v yoder

I amendment, free exercise clause— amish people can pull children out of 8th grade because attendance of highschool is contrary to their beliefs

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11

symbolic speech

like armbands with a peace sign, doesnt say

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12

defamatory/offensive/obscene

not allowed to : spread lie through speech, violate community values, be lewd

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13

tinker v des moines

I amendment, free speech— symbolic speech allowed, students dont lose constitutional rights when in a school, but it can be limited

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14

time, manner, place

whats considered obscene at 9 am in des moines is not the same at 2 am in nyc, because everyones obscene there

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15

clear and present danger

dont falsely yell fire in a crowded theater

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16

schenck v united states

I amendment— encouraging young men to avoid draft was a danger

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17

prior restraint

gov cant censor press before its publish, only afterwards can you sue for libel, security clearance violations or whatever

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18

nyt v united states

I amendment, freedom of press— gov wanted to stop publication of pentagon papers, but they could not because of prior restraint.

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19

second amendment

bear arm

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20

micdonald v chicago

II amendment— selective incorporation says that own gun is individual right and not only gun to serve in militia moment

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21

due process

you are entitled to a fair legal process

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22

procedural due process

procedures of due process are protected by bill of rights

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23

substantive due process

substance of due process should be protected, the spirit of the law. miranda rights isnt in constitution, but its not fair if it isnt

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24

fourth amendment

cannot be searched w/o warrant

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25

exclusionary rule

if evidence was found without a warrant, it cannot be used in trial

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26

warrantless searches

cannot be searched w/o warrant, but if there is probable cause you can

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27

bulk collection of metadata

bulk data is banned and data search is limited so limits are on searches

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28

fourteenth amendment

rights of consitution apply to states and former slaves are protected

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29

citizenship clause

anyone born in US is citizens

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30

due process clause

due process cannot be denied by state

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31

equal protection clause

everyone gets equal protection of rights from all governments

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32

right to privacy

constitution does not say anything about this, but its recognized and respected

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33

griswold v connecticut

married couples can access birth control because of procedural due process

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34

roe v wade

substantive due process, griswold v conn precedent—womans right to choose abortion is private with physician

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35

dobbs v jackson

overturns roe v wade— privacy not enforced by constitution

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36

fifth amendment

i plead the fifth! no criminal should be forced to self incriminate

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37

sixth amendment

trials are speedy and public, have impartial jury, and assistance of counsel

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38

right to speedy and public trial

shouldnt have to wait in jail long time, gov held accountable so its public

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39

impartial jury

jury cant be biased, innocent until proven guilty

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40

assistance of counsel/right to legal counsel

ur at a disadvantage if you dont have one, most likeyl will lose the trial

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41

gideon v wainwright

IV amendment, right to legal counsel— man accused of robbing pool hall and found guilty, filed saying its not fair i dont have counsel, got counsel and was innocent

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42

miranda warning

they have to say that you have the right to remain silent and if you cant afford an attorney you have one

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43

eighth amendment

excessive bail NO, no big fines, and no cruel or unusual punishment

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44

cruel or unusual

court decides what its considered, death penalty not according to court

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45

civil rights movement

social movement to gain legal and political rights for black people

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46

social movements

womens suffrage, tempreance, lgbtq, blm. large informal gatherings of individuals working together on a specific issue to do something about social temperance

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47

civil rights

rights you expect to receive as a citizen and the protection of the gov to defend those rights

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48

brown v board

XIV amendment equal protection— challenged segregation in public schools

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49

seperate but equal doctrine

plessy v ferguson, separate but equal doesn’t violate 14th amendment

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50

letter from a birmingham jail

protested in most segregated city, mlk did. he was arrested and believed that direct action was necessary because negotiation was not made possible

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51

civil rights act 1964

equal protection in 14th amendment, outlawed discrimination based on race gender national origion or religion, outlawed discrimination in employment and public accommodations like water fountains.

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52

voting rights act of 1965

protect a citizens right to vote, outlawed discriminatory exam requirements like literacy tests or grandfather clauses or poll taxes, set up federal officers to register voters, and some states had to do something to change rules

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53

affirmative action

providing equal access to groups that have been historically excluded or underrepresented such as women and minorities

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54

womens rights movement

19th amendment, then became equality in workplace

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55

title IX of education amendments act of 1972

if school takes federal funds, they must provide equal opportunities to women like sports

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56

national organization for women NOW

initerest group that advocates for womens rights and is prochoice

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57

prolife

focuses on limiting the need for and access to abortion

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58

lgbtq rights

protection in the workplace, right to serve in military, and marriage equality

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