Ap Gov Vocab 7

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activist judges

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judges who are not reluctant to overrule the other branches of governmnet by declaring laws or actions of government officials unconstitutional

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American Civil Liberties Union (ACLU)

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A nonpartisan organization that seeks to protect the civil liberties of all Americans

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Americans with Disabilites Act

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Legislation passed to protect those with disabilities from discrimination in employment and pulic accomodations, such as stores, restaurants, hotels and health care facilities

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Burger Court

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The U.S. Supreme Court under Chief Justice Warren Burger (1969-1986). Though not as activist as the Warren Court, the Burger Court maintained most of the rights expanded by its predecessor and issued important rulings on abortion and sexual discrimination

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Bush v. Gore

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U.S. Supreme Court case in 2000 where the Supreme Court set aside the Florida Supreme Court's order for a manual recount of the presidential votes cast in the state. The Court's decision meant that Bush got Florida's electoral votes, giving him a majority of all electoral votes, and thus, the election.

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civil cases

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A case in which individuals sue others for denying their rights and causing them harm

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concurring opinion

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The opinion by one or more judges in a court case who agree with the decision but not with the reasons given by the majority for it. The concurring opinion offers an alternate legal argument for the ruling.

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criminal cases

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A case in which a government (national or state) prosecutes a person for violating its laws

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dissenting opinion

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The opinion by one or more judges in a court case who do not agree with the decision of the majority. The dissenting opinion urges a different outcome.

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federal courts of appeal

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Intermediate appellate courts that hear appeals from cases that have been decided by the district courts. There are 12, based on regions of the country.

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federal district courts

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The courts that try cases based on federal law. There are 94 in the united States.

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Friend of the court briefs (amicus briefs)

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Legal arguments filed in court cases by individuals or groups who aren't litigants in the cases. These briefs ofter provide new information to the court and usually urge the judges to rule one way.

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Habeas corpus

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Latin for "have ye the body." A writ of habeas corpus is a means for criminal defendents who have exhausted appeals in state courts to appeal to a federal district court.

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judicial review

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The authority of the courts to declare laws or actions of government officials unconstitutional.

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jurisdiction

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The authority of a court to hear and decide cases.

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majority opinion

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The joint opinion by a majority of the judges in a federal court case that explains why the judges ruled as they did.

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Marbury v. Madison

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The 1803 case in which the U.S. Supreme Court enunciated the doctrine of judicial review

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Marshall Court

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Supreme Court under Chief Justice John Marshall (1801-1835). This Court was responsible for articulating judicial review and confirming the supremacy of federal law over state law.

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necessary and proper clause

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Found in Article I, Section 9 of the Constitution, this clause gives Congress the ability to make laws which they see to benefit the citizens of the United States without there being any direct mandates. This clause gives many people a loose interpretation of the Constitution. A phrase in the implied powers clause of the U.S. Constitution that gives Congress the power to make all laws needed to carry out its specific powers.

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restrained judges

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Supreme Court justices that believe that the judiciary is the least democratic branch because the federal judges are appointed for life rather than elected and reelected. These judges do not challenge previous rulings.

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Roberts Court

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Supreme Court (2005-present); is emerging as an even more conservative court than past courts and has overturned many precedents. Decided the Citizens United case.

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Senate Judiciary Committee

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A committee that holds hearings in which senators question the president's nominees to the Supreme Court. Nominees are instructed to speak little.

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stare decisis

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Latin phrase meaning "stand by what has been decided." Restrained courts usually follow these precedents decided by past courts, whereas activist courts challenge these rulings.

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Warren Court

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Supreme Court (1953-1969); decided many cases involving civil liberties and civil rights that pitted individuals against the government. Reversed racial segregation, legislative reapportionment, defendants' rights, libel, obscenity, and separation between church and state. Often sympathized with the powerless minorities.

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writ of certiorari

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Latin phrase meaning "made more certain." This writ, also known as the Rule of Four, must be validated by four SCOTUS justices in order for a case to be taken on by the court.

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Freedom of the Press

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Freedom from prior restraint (censorship)

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Hate Speech

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Derogatory speech; racial, ethnic, sexual or religious slurs directed at an individual or group

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Libel

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Consists of printed or broadcast statements that are false and tarnish someone's reputation

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McCarthyism

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tactic of making political accusations or name-calling based on little or no evidence

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Miranda Rights

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The rights that officials are obligated to advise suspects of before their interrogation

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Pentagon Papers

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Thorough study of our engagement in freedom from prior restraint ordered by Robert McNamara

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Plea Bargain

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An agreement among the prosecutor, the defense attorney and the defendant, with the explicit or implicit approval of the judge, to reduce the charge or the sentence in exchange for a guilty plea

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Presumption of Innocence

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Innocent until proven guilty

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Public Forum

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Areas where citizens are legally allowed to express their views on public issues (streets, sidewalks, parks, grounds around public buildings)

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Red Scare

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time period in which people feared conspiracies to overthrow the US government, fueled by communist countries such as Russia

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right to a jury trial

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The Sixth Amendment's guarantee of a trial by jury in any criminal case that could result in more than six months' incarceration.

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right to abortion

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U.S. Supreme Court ruling in "Roe v Wade" (1973) establishing that women have a right to terminate a pregnancy during the first six months. States can prohibit an abortion during the last three months because at that time the fetus becomes viable.

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right to counsel

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The Sicth Amendment's guarantee of the right of a criminal defendant to have an attorney in any felony or misdemeanor case that might result in incarceration; if defendants are indigent, the court must appoint an attorney for them.

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right to die

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The Rehnquist Court ruling that individuals can refuse medical treatment, including food and water, even if this means they will die. Individuals must make their decision while competent and alert. They can also act in advance, preparing a "living will" or designation another person as a proxy to make the decision if they are unable to do so.

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Right to privacy

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A right to autunomy - to be left alone; is not specifically mentioned in the U.S. Constitution but has been found by the U.S. Supreme Court to be implied through several amendments.

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Roberts Court

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The current Supreme Court under the leadership of Chief Justice John Roberts (2005 - )

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Second Amendment

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"The right of the people to keep and bear arms." Some interpret this as an absolute right to own and use guns, others as only an indication that guns can be owned if one is part of a state militia.

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Seditious speech

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Speech that encourages rebellion against the government.

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Separation of church and state

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Constitutional principle that is supposed to keep church and state from interfering with each other. In practice it restricts government from major efforts either to inhibit or advance religion.

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Symbolic speech

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The use of symbols, rather than words, to convey ideas; e.g., wearing black armbands or burning the U.S. flag to protest government policy.

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Unreasonable searches and seizures

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Searches and arrests that are conducted without a warrant or that do not fall into one of the expections to the warrant requirement; prohibited by the Fourth Amendment.

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Warren Court

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The U.S. Supreme Court under Chief Justice Earl Warren (1953-1969); an activist Court that expanded the rights of criminal defendants and racial and religious minorities.

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Burger Court

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Supreme Court under Chief Justice Warren Burger; involved with Wisconsin v. Yoder dealing with freedom of religion in high school education

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Civil liberties

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Individual rights stated in the Constitution

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Due Process

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fair procedures given to defendants and must respect the decency of civilized conflict, even toward uncivilized people

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Establishment Clause

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Clause of the First Amendment of the Constitution that prohibits the establishment of religion by Congress

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Exclusionary rule

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Bars the use of any evidence obtained in violation of the Fourth Amendment in court

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Free exercise clause

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Allows citizens to practice religion freely without government interference

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Freedom of association

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Interpreted by the Supreme Court as the right for individuals to join with others to accomplish everything stated in the First Amendment

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affirmative action

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When hiring for a job or admissions in universities the system that gives an advantage to applicants with a minority/historically disadvantaged background

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Blockbusting

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When a realtor tells white families that a black family will be moving into their neighborhood so that the white families will quickly sell their house at a low price and the realtors will sell it back to black families at a usually higher profit and changing the neighborhood from white dominance to black.

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Brown v. Board of education

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The Warren court ruled unanimously that school segregation was a violation of the 14th amendment. Separate but equal is not in fact equal. and tis was the first real action in the direction of desegregation.

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Civil rights act of 1964

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prohibits discrimination based on race, color, religion, or national origin in public accommodations or employment. This act does not apply to any private clubs though.

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de facto segregation

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Segregation that is based on residential patterns and is not imposed by law; because it cannot be eliminated by striking down a law, it is more intractable than de jure segregation.

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de jure segregation

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Segregation imposed by law; outlawed by Brown v. Board of Education and subsequent court cases

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Dred Scott case

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An 1857 case in which the US Supreme Court held that blacks, whether slave or free, were not citizens and that Congress had no power to restrict slavery in the territories; contributed to the polarization between North and South and ultimately to the Civil War

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Equal Pay Act

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A statute enacted by Congress in 1963 that mandates that women and men should receive equal pay for equal work

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equal protection clause

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The Fourteenth Amendment caluse that is the Constitution's primary guarantee that everyone is equal before the law

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Equal Rights Amendment (ERA)

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A proposes amendment to the Constitution that would prohibit government from denying equal rights on the basis of sex; was passed by Congress in 1972 but failed to be ratified by a sufficient number of states

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Jim Crow Laws

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Laws enacted in southern states that segregated schools, public accomodations, and almost all other aspects of life

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living wage

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A wage that is high enough to allow full-time workers to meet the basic cost of living, something the minimum wage does not do

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NAACP (National Association for the Advancement of Colored People)

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An organization founded in 1909 to fight for black rights; its attorneys challenged segregation in the courts and won many important court cases, most notably Brown v. Board of Education.

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National Organization for Women (NOW)

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A group formed in 1966 to fight primarily for political and economic rights for women.

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Plessy v. Ferguson

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The 1896 case in which the U.S. Supreme Court upheld segregation by enunciating the separate-but-equal doctrine.

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Pregancy Discrimination Act

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A congressional act from 1978 that forbids firing or demoting employees for becoming pregnant.

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Racial Profiling

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Practice that targets a particular group for attention from law enforcement base don racial stereotypes. A common occurrence is black drivers being stopped by police disproportionately.

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Redlining

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The practice in which bankers and other leaders refused to lend money to persons who wanted to buy a house in a racially changing neighborhood.

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Rehnquist Court

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The U.S. Supreme Court under Chief Justice William Rehnquist (1986-2005); a conservative Court, but one that did not overturn most previous rulings.

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Resegregation

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Increasing racial segregation in public schools since the 1980s, when desegregation efforts peaked.

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Restrictive Covenants

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Agreements among neighbors in white residential areas not to sell their houses to blacks.

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Separate-but-equal Doctrine

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Allowed separate facilities if they were "equal".

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Steering

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Showing blacks houses in black neighborhoods and whites houses in white neighborhoods. A form of segregation.

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Warren Court

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Court system who ruled unanimously that school segregation violated the Fourteenth Amendment (Brown v. Board of Education). Perfect example of an activist court.