Unit 5 AP Government and Politics

Affirmative action

an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination

Brown v. Board of Education of Topeka, Kansas (1954)

landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutiona

Civil Rights Act of 1875

sometimes called Enforcement Act or Force Act, was a United States federal law enacted during the Reconstruction Era to guarantee African Americans equal treatment in public accommodations, public transportation, and to prohibit exclusion from jury servic

Civil Rights Act of 1957

primarily a voting rights bill, was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875

Civil Rights Cases (1883)

were a group of five US Supreme Court constitutional law cases

De facto segregation

segregated in fact, although not by law

Defense of Marriage Act (DOMA)

United States federal law that, prior to being ruled unconstitutional, defined marriage for federal purposes as the union of one man and one woman

De jure segregation

separation enforced by law

Disenfranchise

the revocation of the right of suffrage (the right to vote) of a person or group of people, or through practices, prevention of a person exercising the right to vote

don't ask, don't tell

repeal allowing gays, lesbians, and bisexuals to serve openly in the United States Armed Forces

Equal Pay Act (1963)

United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex

Equal protection clause

no state shall deny to any person within its jurisdiction "the equal protection of the laws

Equal Rights Amendment

guarantee equal rights for all citizens regardless of gender

15th Amendment

the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude

14th Amendment

all persons born or naturalized in the United States are citizens

Freedom of choice plans

the name for a number of plans developed in the US during 1965-70, aimed at the integration of schools in states that had a segregated educational system

Grandfather clause

a clause exempting certain classes of people or things from the requirements of a piece of legislation affecting their previous rights, privileges, or practices

Heart of Atlanta Motel v. United States (1964)

case holding that the U.S. Congress could use the power granted to it by the Constitution's Commerce Clause to force private businesses to abide by the Civil Rights Act of 1964

Jim Crow Laws

state and local laws enforcing racial segregation in the Southern United States

Lawrence v. Texas (2003)

invalidated sodomy laws in 13 other states, making same-sex sexual activity legal in every U.S. state and territory

Literacy test

an examination to determine whether a person meets the literacy requirements for voting, serving in the armed forces

NAACP

The National Association for the Advancement of Colored People is a civil rights organization in the United States, formed in 1909 as a bi-racial organization to advance justice for African Americans

NOW (National Organization for Women)

The National Organization for Women is an American feminist organization founded in 1966. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C.

19th Amendment

regardless of sex, everyone as the right to vote

Plessy v. Ferguson (1896)

upheld state racial segregation laws for public facilities under the doctrine of "separate but equal

Poll taxes

a tax levied on every adult, without reference to income or resources

Preclearance

the process of seeking U.S. Department of Justice approval for all changes related to voting

Quotas

established limits by governments on the number of immigrants who can enter a country each year

Regents of the U of California v. Bakke (1978)

the Court ruled unconstitutional a university's use of racial "quotas" in its admissions process, but held that affirmative action programs could be constitutional in some circumstances

separate but equal

racially segregated but ostensibly ensuring equal opportunities to all races

Strict scrutiny

part of the hierarchy of standards that courts use to determine which is weightier, a constitutional right or principle or the government's interest against observance of the principle

Swann v. Charlotte-Mecklenburg (1971)

the Supreme Court of the United States unanimously upheld busing programs that aimed to speed up the racial integration of public schools in the United States

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

24th Amendment

The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United S

Voting Rights Act (1965)

It outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting

White flight

the move of white city-dwellers to the suburbs to escape the influx of minorities

White primary

primary elections held in the Southern states of the United States of America in which only white voters were permitted to participate

Barron v. Baltimore (1833)

helped define the concept of Federalism in the United States in U.S. constitutional law

Bethel Schools vs. Fraser (1896)

United States Supreme Court decision involving free speech in public schools

Clear and present danger test

a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly

Due process

fair treatment through the normal judicial system, especially as a citizen's entitlement

Engel v. Vitale (1962)

ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools

5th Amendment

protects you from being held for committing a crime unless you have been indicted correctly by the police

Free exercise clause

the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise

Gideon v. Wainwright (1963)

the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves

Griswold v. Connecticut (1965)

the Supreme Court of the United States ruled that the Constitution, through the Bill of Rights, implies a fundamental right to privacy

Lemon v. Kurtzman (1971)

court ruled in an 8-1[2] decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 was unconstitutional, violating the Establishment Clause of the First Amendment

Libel

a published false statement that is damaging to a person's reputation; a written defamation

Mapp v. Ohio (1961)

evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts,

Miller v. California (1973)

the court redefined its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value.

Miranda v. Arizona (1966)

ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination

New Jersey v. TLO ( 1985)

In a New Jersey high school, a teacher found two girls smoking in the bathroom and took them to the principal's office. One girl admitted to smoking but the other, known as T.L.O., denied it. The principal demanded to see the girl's purse and found eviden

Obscene speech

the Court ruled materials were obscene if they appealed, "to a prurient interest", showed "patently offensive sexual conduct" that was specifically defined by a state obscenity law

Prior restraint

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this

Procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power

Right to privacy

an element of various legal traditions which may restrain both government and private party action that threatens the privacy of individuals

Roe v. Wade (1973)

case that held that the Constitution protected a woman's right to an abortion prior to the viability of the fetus

Search and seizure

a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime

Schenck v. U.S. (1919)

Supreme Court case concerning enforcement of the Espionage Act of 1917 during World War I

Selective incorporation

constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights, selective incorporation is about the ability of the federal government to limit the state

Substantive due process

a principle allowing courts to protect certain rights deemed fundamental from government interference, even where procedural protections are present or where those rights are not specifically mentioned elsewhere in the constitution

Symbolic speech

law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it

Tinker v. Des Moines Independent Schools (1969)

a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools