AP Gov Ch.4 Jeron Tainatongo Flashcards
The Crown v. Zenger
legal case in the colony of New York that is considered a precursor to free press provisions in the Constitution.
civil liberties
personal guarantees and freedoms that he gov can’t abridge by law, constitution, or judicial interpretation.
civil rights
gov-protected right of individuals against arbitrary or discriminatory treatment by govs or individuals.
Bill of Rights
first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
Ninth Amendment
makes clear that enumerating rights in the Constitution or Bill of Rights doesn’t meant that others don’t exist.
Tenth Amendment
defines the basic principle of American federalism in stating that the powers bot delegated to the national gov are reserved to the states or to the people.
Fourteenth Amendment
extends the “equal protection of the law” to all citizens
due process clause
clause constructed to guarantee a variety of rights to individuals.
substantive due process
protects citizens from arbitrary or unjust state or federal law.
sedition laws
make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials.
Gitlow v. New York
extended the First Amendment’s protections of freedom of speech and of the press to the state governments.
incorporation doctrine
interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires stat and local gov to guarantee the rights stated in the Bill of Rights.
selective incorporation
protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.
fundamental freedoms
rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
Warren Court
period in Supreme Court history during which Earl Warren served as Chief Justice, noted for its many ruling expanding civil liberties and civil rights
Earl Warren
fourteenth Chief Justice of the U.S. who served from 1953-1969 and led the Court through an important liberal phase
First Amendment
imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.
establishment clause
first clause of the First Amendment it directs the national government not to sanction an official religion.
free exercise clause
second clause of the First Amendment which prohibits the U.S. gov from interfering with a citizen’s 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 gov from prohibiting speech or publication before the fact
Alien and Sedition Act
allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the gov.
abolitionist
supporter of an end to the institution of slavery
Abraham Lincoln
sixteenth president of the U.S. and was the first elected Republican president who served from 1861-1865.
Espionage Act
prohibited urging resistance to the draft or distributing anti-war leaflets
clear and present danger test
test to draw the line between protected and unprotected speech that was articulated by the Supreme Court.
direct incitement test
test articulated by the Supreme Court 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. U.S. (1971)
case where the Supreme Court ruled that the U.S. gov couldn’t block the publication of secret Department of Defense documents illegally furnished to the Times by antiwar activists.
symbolic speech
methods of expressing generally considered to be protected by the First Amendment
hate speech
communication that belittles a person/group on the basic of race, gender, ethnicity, or other characteristics.
Occupy Wall Street
social movement that promotes protests and political activism against income inequality and corporate greed
Black Lives Matter
social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offences against African Americans
libel
false statement that defames a person’s character
slander
untrue spoken statement that defames a person’s character
New York Times v. Sullivan (1964)
case where the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure
fighting words
words that “by their very utterance inflict injury or tend to incite an immediate breach of peach”.
Miller v. California (1973)
case that created the “Miller Test” to determine when sexually-explicit expression was obscene and therefore beyond the protection of the First Amendment
DeJonge v. Oregon (1937)
case that applied the First Amendment’s protections of freedom of assembly to the states.
Eighteenth Amendment
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 gov’s case doesn’t persuade the judge.
ex post facto law
makes an act punishable as a crime even if the action was legal at the time it was committed
bill of attainder
law declaring an act illegal without a judicial trial
due process rights
protection drawn from the Fourth Amendment and the Bill of Rights ensuring fair treatment, or substantive, protecting fundamental rights.
Fourth Amendment
protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant
Fifth Amendment
imposes a number of restrictions on the federal gov with the respect to the rights of persons suspected of committing a crime.
grand jury
citizens charged with determining whether enough evidence exists for a case to go to trial.
Miranda v. Arizona (1966)
Supreme Court ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their right to remain silent ad to have counsel present
Miranda Rights
statement required of police that inform a suspect of his/her constitutional rights protected by the Fifth Amendment.
Burger Court
period where Warren Burger served as Chief Justice from 1969-1986.
Warren E. Burger
fifteenth chef justice of the U.S. who led the court in an increasingly conservative direction from 1969-1986.
double jeopardy clause
protects individuals from being tried twice for the same offense in the same jurisdiction
exclusionary rule
prohibits police from using illegally seized evidence at trial
Sixth Amendment
sets the basic requirements of procedural due process for federal courts to follow in criminal trials
capital cases
cases in which a conviction may result in the application of the death penalty.
Eight Amendment
states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”
right to privacy
judicially created principle encompassing a variety of individuals actions protected by the penumbras cast by several constitutional amendments.
Roe v. Wade
The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment
Planned Parenthood of South-eastern Pennsylvania v. Casey (1992)
decision replaced the strict scrutiny standard of Roe with the less stringent undue burden standard.
undue burden test
standard set by the Supreme Court in the Casey case in 1992 that narrowed Roe v. Wade and allowed for greater regulation of abortion by the states
Whole Woman’s Health v. Hellerstedt (2016)
struck down state law provisions in Texas as presenting an undue burden on women seeking abortions.
September 11th
terrorist plot carried out on Sep. 11th, 2001 that used hijacked civilian aircraft to attack the World Trade Center in New York and the Pentagon near Washington, D.C.
