AP®︎ U.S. Government & Politics: Topic 3.9 Flashcards

Master key terms and definitions for Topic 3.9 of AP U.S. Government & Politics – Amendments: Due Process and the Right to Privacy to help you prep for quizzes and the AP exam.

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Term

Fifth vs. Fourteenth Amendment Due Process Clauses

Definition

Both prohibit deprivation of life, liberty, or property without due process of law; the Fifth limits the national government, while the Fourteenth limits state and local governments

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Fifth vs. Fourteenth Amendment Due Process Clauses
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Both prohibit deprivation of life, liberty, or property without due process of law; the Fifth limits the national government, while the Fourteenth limits state and local governments

LO 3.9.AEK 3.9.A.1
Substantive Due Process
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The principle that government may not unjustifiably restrict a protected liberty, regardless of how fairly it enacts or enforces the restriction

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Fundamental Right
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A basic component of constitutional liberty whose restriction receives heightened scrutiny and requires a sufficiently strong government justification

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Unenumerated Right
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A constitutionally protected right not explicitly listed in the constitutional text but recognized through interpretation of broader language, history, structure, or principles

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Ninth Amendment
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Provides that listing certain constitutional rights does not deny or disparage other rights retained by the people

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Right to Privacy (Decisional Privacy)
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An unenumerated right protecting certain intimate personal and family decisions from unjustified government interference

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Constitutional Penumbras
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Zones of protection implied by overlapping constitutional guarantees, used in Griswold to support a right of marital privacy

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Pierce v. Society of Sisters (1925)
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Invalidated Oregon’s public-school attendance mandate and held that Fourteenth Amendment liberty protects parents’ authority to direct their children’s education

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Griswold v. Connecticut (1965)
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Struck down Connecticut’s contraceptive ban and recognized constitutional protection for marital privacy and married couples’ use of contraception

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Roe v. Wade (1973)
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Held that Fourteenth Amendment substantive due process protected a qualified right to choose abortion; Dobbs overruled the decision in 2022

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Hyde Amendment
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A recurring federal appropriations restriction generally barring certain federal funds, especially Medicaid funds, from paying for abortions, subject to limited exceptions

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Dobbs v. Jackson Women’s Health Organization (2022)
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Overruled Roe and Casey, held that the Constitution does not confer a right to abortion, and returned primary abortion-policy authority to elected lawmakers

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Rational-Basis Review
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Deferential review under which a law generally survives if it is rationally related to a legitimate government interest

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Board of Education v. Earls (2002)
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Upheld random drug testing of students in competitive extracurricular activities as a reasonable Fourth Amendment search given reduced privacy expectations and school interests

LO 3.9.A