ap gov ch 4 Flashcards
The cROWN V. Zenger
legal case considered to be a precursor to free press provisions in the Constitution.
Civil liberties
the personal grantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
Civil rights
the government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
Bill of rights
the first ten amendments to the U.S Constitution which largely guarantee specific rights and liberties
Ninth Amendment
part of the bill of rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist.
Tenth Amendment
The final part of the bill of rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people
Fourteenth Amendment
one of three major amendments enacted after the civil war, extending equal protection of the law to all citizens
due process clause
clause contained in the fifth and fourteenth amendments and is construed to gurantee a variety of rights to individuals
substantive due process
judicial interpretation of the fifth and fourteenth amendments’ due process clauses. protects citizens from arbitrary or unjust federal/state laws.
sedition laws
laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials. Overturned as a result of the Gitlow Supreme Court decision.
Gitlow v New York
A Supreme Court case that extended the First Amendment’s protections of freedom of speech and of the press to the state governments
incorporation doctrine
an interpretation of the Constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee rights stated in the bill of rights
selective incorporation
a judicial doctrine whereby most protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
fundamental freedoms
those rights defined by the cOURT AS ESSENTIAL TO ORDER, LIBERTY, AND JUSTICE AND THEREFORE ENTITLED TO THE HIGHEST STANDARD OF REVIEW.
Warren Court
the period in Supreme Court history during which Earl Warren served as Chief Justice 1953-1969
Earl Warren
The 14th Chief Justice of the US
First Amendment
part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties.
establishment clause
the first clause of the First Amendment that directs the government not to sanction an official religion
free exercise clause
second clause of the first amendment that prohibits the US government from interfering with a right to practice religion
lemon test
three part test created by the Supreme Court for examining the constitutionality of religious establishment issues.
prior restraint
constitutional doctrine that prevents the government from prohibiting speech or publication before the fact
alien and sedition acts
laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government
abolitionist
a supporter of an end to the institution of slavery
Abraham Lincoln
sixteenth president of the US,led the Union during the Civil War
Espionage Act
1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets
clear and present danger test
test articulated by the Supreme Court in Schenck v US to draw the line between protected and unprotected speech.
direct incitement test
test articulated by Supreme Court in Brandenburg V Ohio holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
New York Times CO v US
the case in which Supreme Court ruled that the US Government could not Blok the publication of secret Department of dEFENSE DOCUMENTS ILLEGALLY furnished to the Times by anti-war activists.
symbolic speech
symbols, signs, and the methods of expression generally considered to be protected by the First Amendment
hate speech
communication that belittles a person or group o the basis of race, gender, ethnicity or other characteristics
Occupy Wall Street
a recent social movement that promotes protests and political activism against income inequality and corporate greed
bLACK Lives Matter
a recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans
libel
false written statements that defames a person’s character
slander
untrue spoken statements that defame the character of a persob
nEW Yor Times Co v Sullivan
case in which Supreme Court concluded that actual malice must ne proven to support a finding of libel against a public figure
fighting words
words that inflict injury or tend to incite an immediate breach of peace
Miller v CA
Supreme Court case that created the Miller test to determine when sexually-explicit expression was obscene and beyond protection of First Amendment
DeJonge v Oregon
Supreme Court case that applied the First Amendment’s protections of freedoms of assembly to the states.
18th Amendment
a 1913 amendment that created the nationwide prohibition on alcoholic beverages
writs of habeas corpus
petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the government’s case does not persuade the judge
ex post facto
law that makes an act punishable as a crime even if the action was legal at the time it was committed
bill of attainder
a law declaring an act illegal without a judicial trial
due process rights
protections drawn from the fourth amendment and bill of rights. may be procedural, ensuring fair treatment, or protecting fundamental rights
fourth amendment
part of bill of rights that protects people from unreasonably searches and seizures of their persons, houses, papers, and effect without a warrant from judge
fifth amendment
part of bill of rights that imposes a number of restrictions on the federal government with respect to the rights of person suspected of committing a crime
grand jury
a group of citizens charged with determining whether enough evidence exists for a case to go to trial
Miranda v Arizona
Supreme Court ruling that holds that the fifth amendment requires individuals arrested for. crime to be advised of their rights
Miranda rights
statements required of police that inform a suspect of their constitutional rights protected by the fifth amendment
Burger Court
The period in Supreme Court history in whichWarren burger served as Chief Justice 1969-1986
double jeopardy clause
part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
exclusionary rule
judicially created rule that prohibited police from using illegally seized evidence at trial
sixth amendment
part of the bill of rights that sets out the basic requirements of procedural due process for federal courts to follow ar criminal trials
capital cases
court cases in which a conviction may result in the application of the death penalty
8th amendment
mo cruel or unusual punishments
right to privacy
right to be left alone, a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several amendments.
Roe v Wade
Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from scenic gurantees
pLANNED parenthood v Casey
Supreme Court’s decision in this abortion case replaced the strict scrutiny standard of Roe
undue burden test
a standard set by the supreme court in the Casey case that narrowed Roe v WADE and allowed for grater regulation of abortion by the states
Whole Womand’s health v hellerstedt
Supreme Court abortion ruling that struck down state law provisions in tEXAS AS PRESENTING AN UNDUE BURDEN ON WOMEN SEEKING ABORTIONS
September 11th
a terrorist plot on September 11 2001 that used hijakced civilian aircraft to attack the World Trade Center
