ap gov ch 4 Flashcards

1
Q

The cROWN V. Zenger

A

legal case considered to be a precursor to free press provisions in the Constitution.

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2
Q

Civil liberties

A

the personal grantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.

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3
Q

Civil rights

A

the government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

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4
Q

Bill of rights

A

the first ten amendments to the U.S Constitution which largely guarantee specific rights and liberties

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5
Q

Ninth Amendment

A

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.

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6
Q

Tenth Amendment

A

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

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7
Q

Fourteenth Amendment

A

one of three major amendments enacted after the civil war, extending equal protection of the law to all citizens

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8
Q

due process clause

A

clause contained in the fifth and fourteenth amendments and is construed to gurantee a variety of rights to individuals

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9
Q

substantive due process

A

judicial interpretation of the fifth and fourteenth amendments’ due process clauses. protects citizens from arbitrary or unjust federal/state laws.

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10
Q

sedition laws

A

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.

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11
Q

Gitlow v New York

A

A Supreme Court case that extended the First Amendment’s protections of freedom of speech and of the press to the state governments

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12
Q

incorporation doctrine

A

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

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13
Q

selective incorporation

A

a judicial doctrine whereby most protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment

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14
Q

fundamental freedoms

A

those rights defined by the cOURT AS ESSENTIAL TO ORDER, LIBERTY, AND JUSTICE AND THEREFORE ENTITLED TO THE HIGHEST STANDARD OF REVIEW.

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15
Q

Warren Court

A

the period in Supreme Court history during which Earl Warren served as Chief Justice 1953-1969

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16
Q

Earl Warren

A

The 14th Chief Justice of the US

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17
Q

First Amendment

A

part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties.

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18
Q

establishment clause

A

the first clause of the First Amendment that directs the government not to sanction an official religion

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19
Q

free exercise clause

A

second clause of the first amendment that prohibits the US government from interfering with a right to practice religion

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20
Q

lemon test

A

three part test created by the Supreme Court for examining the constitutionality of religious establishment issues.

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21
Q

prior restraint

A

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact

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22
Q

alien and sedition acts

A

laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government

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23
Q

abolitionist

A

a supporter of an end to the institution of slavery

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24
Q

Abraham Lincoln

A

sixteenth president of the US,led the Union during the Civil War

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25
Q

Espionage Act

A

1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets

26
Q

clear and present danger test

A

test articulated by the Supreme Court in Schenck v US to draw the line between protected and unprotected speech.

27
Q

direct incitement test

A

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

28
Q

New York Times CO v US

A

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.

29
Q

symbolic speech

A

symbols, signs, and the methods of expression generally considered to be protected by the First Amendment

30
Q

hate speech

A

communication that belittles a person or group o the basis of race, gender, ethnicity or other characteristics

31
Q

Occupy Wall Street

A

a recent social movement that promotes protests and political activism against income inequality and corporate greed

32
Q

bLACK Lives Matter

A

a recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans

33
Q

libel

A

false written statements that defames a person’s character

34
Q

slander

A

untrue spoken statements that defame the character of a persob

35
Q

nEW Yor Times Co v Sullivan

A

case in which Supreme Court concluded that actual malice must ne proven to support a finding of libel against a public figure

36
Q

fighting words

A

words that inflict injury or tend to incite an immediate breach of peace

37
Q

Miller v CA

A

Supreme Court case that created the Miller test to determine when sexually-explicit expression was obscene and beyond protection of First Amendment

38
Q

DeJonge v Oregon

A

Supreme Court case that applied the First Amendment’s protections of freedoms of assembly to the states.

39
Q

18th Amendment

A

a 1913 amendment that created the nationwide prohibition on alcoholic beverages

40
Q

writs of habeas corpus

A

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

41
Q

ex post facto

A

law that makes an act punishable as a crime even if the action was legal at the time it was committed

42
Q

bill of attainder

A

a law declaring an act illegal without a judicial trial

43
Q

due process rights

A

protections drawn from the fourth amendment and bill of rights. may be procedural, ensuring fair treatment, or protecting fundamental rights

44
Q

fourth amendment

A

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

45
Q

fifth amendment

A

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

46
Q

grand jury

A

a group of citizens charged with determining whether enough evidence exists for a case to go to trial

47
Q

Miranda v Arizona

A

Supreme Court ruling that holds that the fifth amendment requires individuals arrested for. crime to be advised of their rights

48
Q

Miranda rights

A

statements required of police that inform a suspect of their constitutional rights protected by the fifth amendment

49
Q

Burger Court

A

The period in Supreme Court history in whichWarren burger served as Chief Justice 1969-1986

50
Q

double jeopardy clause

A

part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

51
Q

exclusionary rule

A

judicially created rule that prohibited police from using illegally seized evidence at trial

52
Q

sixth amendment

A

part of the bill of rights that sets out the basic requirements of procedural due process for federal courts to follow ar criminal trials

53
Q

capital cases

A

court cases in which a conviction may result in the application of the death penalty

54
Q

8th amendment

A

mo cruel or unusual punishments

55
Q

right to privacy

A

right to be left alone, a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several amendments.

56
Q

Roe v Wade

A

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

57
Q

pLANNED parenthood v Casey

A

Supreme Court’s decision in this abortion case replaced the strict scrutiny standard of Roe

58
Q

undue burden test

A

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

59
Q

Whole Womand’s health v hellerstedt

A

Supreme Court abortion ruling that struck down state law provisions in tEXAS AS PRESENTING AN UNDUE BURDEN ON WOMEN SEEKING ABORTIONS

60
Q

September 11th

A

a terrorist plot on September 11 2001 that used hijakced civilian aircraft to attack the World Trade Center