AP Gov Ch.4 Raquel Acosta

Question 1

the crown v. zenger (1735)

Answer 1

legal case in the colony of New York that is considered a precursor to free press provision in the constitution. The case did not set legal precedent, but did reflect a difference between British authorities and colonies with regard to press freedoms

Question 2

civil liberties

Answer 2

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

Question 3

civil rights

Answer 3

the government-protected rights of individuals against arbitrary or discrimination treatment by government or individual

Question 4

Bill of rights

Answer 4

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

Question 5

Ninth Amendment

Answer 5

Part of the bill of rights that makes it clear that enumerating rights in the constitution of bill of rights does not mean that others do no exist

Question 6

Tenth Amendment

Answer 6

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 of to the people

Question 7

fourteenth amendment

Answer 7

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

Question 8

due process clause

Answer 8

clause contained in the fifth and fourteenth amendment; over the years, it has been construed to guarantee a variety of rights to individuals

Question 9

substantive due process

Answer 9

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

Question 10

sedition laws

Answer 10

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. State sedition laws were overturned as a result of the 1925 Gitlow supreme court decision

Question 11

Gitlow v. New York (1925)

Answer 11

A supreme court case that extended the first amendment protection of freedom of speech and of the press to the state governments

Question 12

incorporation doctrine

Answer 12

an interpretation of the constitution holding that the due process clause of the 14th amendment requires state and local government to guarantee the rights stated in the Bill of Rights

Question 13

selective incorporation

Answer 13

a judicial doctrine whereby most, but not all, protectors found in Bill of Rights are made applicable to the states via the 14th amendment

Question 14

fundamental freedoms

Answer 14

those rights defined by the court as essential to order, liberty, and justice and therefore entitled to the highest standard of review

Question 15

Warren court

Answer 15

the period in supreme court history during which Earl Warren serve as Chief Justice (1953-1969), noted for its many rulings expanding civil liberties and civil rights

Question 16

Earl Warren

Answer 16

the 14th chief justice of the united states who served from 1953 to 1969 and led the court through an important liberal phase; previously a republican governor and vice presidential nominee

Question 17

First Amendment

Answer 17

part of the bill of rights that impose a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

Question 18

establishment clause

Answer 18

the first clause of the first amendment; it directs the national government not to sanction an official religion

Question 19

free exercise clause

Answer 19

the second clause of the 1st amendment; it prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion

Question 20

lemon test

Answer 20

three-part test created by the supreme court for examining the constitutionality of religious establishment issues

Question 21

prior restraint

Answer 21

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the first amendment

Question 22

Alien and Sedition Acts

Answer 22

laws passed in 1789 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government

Question 23

abolitionist

Answer 23

a supporter, especially in early 19th century, of an end to the institution of slavery

Question 24

Abraham Lincoln

Answer 24

16th president of the U.S., the first elected Republican president, who served from 1861-1865. Lincoln, who led the union during the civil war, was assassinated in 1865 by a confederate sympathizer, john Wilkes Booth

Question 25

Espionage Act

Answer 25

a 1917 law that prohibited urging resistance to the draft or disturbing anti-war leaflets; by the supreme court

Question 26

clear and present danger test

Answer 26

test articulated by the supreme court is Schenick v. U.S.(1919) to draw the line between protected and unprotected speech; the court looks to see “whether the words used” could “create s clear and present danger that they will bring about substantive evils” that congress seeks “to prevent”

Question 27

New York Times Co. v. U.S (1971)

Answer 27

the case i which the supreme court rules that the U.S government could not block the republicans of secret Departments of Defense documents illegally furnished to the Times by anti-war activist. Also called the Pentagon Papers case

Question 28

symbolic speech

Answer 28

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

Question 29

hate speech

Answer 29

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

Question 30

Occupy Wall Street

Answer 30

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

Question 31

Black Lives Matter (BML)

Answer 31

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

Question 32

libel

Answer 32

false written statement that defames a persons character

Question 33

slander

Answer 33

untrue spoken statements that defame that character of a person

Question 34

New York Times Co. v. Sullivan (1964)

Answer 34

case in which the supreme court concluded that “actual malice” must be proven to support a finding of libel against a public figure

Question 35

fighting words

Answer 35

words that “by their very utterance inflict injury or tend to incite an immediately breach of peace.” fighting words are not subject to the protections of the first amendment

Question 36

Miller v. California (1973)

Answer 36

supreme court case that created the “miller test” to determine when sexually-explicit expression was obscene and therefore beyond the protection of the first amendment

Question 37

DeJonge v. Oregon (1937)

Answer 37

supreme course that applied the first amendments protections of freedom of assembly to the states

Question 38

eighteenth amendment

Answer 38

a 1913 amendment that created the nationwide prohibited alcohol beverages; it was repealed in 1933

Question 39

writs of habeas corpus

Answer 39

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 governments case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what changes are being made against them

Question 40

ex post facto law

Answer 40

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

Question 41

bill of attainder

Answer 41

a law declaring an act illegal without a judicial trial

Question 42

due process rights

Answer 42

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

Question 43

fourth amendment

Answer 43

part of the bill of rights that protects people from unreasonable searches and seizures of their persons, house, paper, and effects without a warrant from a judge among other guarantees

Question 44

fifth amendment

Answer 44

part of the bill of rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self incrimination, and prevents the national government from denying a person life, liberty or property without the due process of law. It also prevents the national government from taking property without just compensation

Question 45

grand jury

Answer 45

a group of citizens changed with determining whether enough evidence exist for a case to go to trial. Guaranteed by the fifth amendment

Question 46

Miranda v. Arizona (1966)

Answer 46

a landmark supreme court ruling holding that the fifth amendment requires individuals arrested for a crime to be advised of their right to remain silent and t have a counsel present

Question 47

Miranda rights

Answer 47

statements of police that inform a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by a court if the suspect cannot afford me

Question 48

burger court

Answer 48

the period in supreme court history during which warren burger served as chief justice (1969-1986)

Question 49

Warren E. Burger

Answer 49

the 15th chief justice of the united states who served from 1969 to 1986 and who led the court in an increasingly conservative direction

Question 50

double jeopardy clause

Answer 50

part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

Question 51

exclusionary rule

Answer 51

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

Question 52

sixth amendment

Answer 52

part of the bill of right that sets out the basic requirements of procedural due process federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed notice of the charges,, the right to confront and obtain favorable witnesses and the right to counsel

Question 53

capital cases

Answer 53

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

Question 54

eight amendment

Answer 54

part of the bill of rights tat states: “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”

Question 55

right to privacy

Answer 55

the right to be left alone; judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the first, third, ninth, and fourteenth amendments

Question 56

Roe v. Wade (1973)

Answer 56

the supreme court found that a women’s rights to an abortion was protected by the right of privacy that could be implied from specific guarantees found in the bill of rights applied to the states through the 14th amendment

Question 57

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Answer 57

the supreme court’s decision in this abortion case replaces the strict scrutiny standard of Roe with the less stringent undue burden standard

Question 58

undue burden test

Answer 58

a 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

Question 59

Whole Women’s Health v. Hellerstedt (2016)

Answer 59

supreme court abortion ruling that struck down state law provisions in Texas as presenting an undue burden on women seeking abortions. This decision invalidated numerous state and local laws that imposed similar limitations on clinics

Question 60

September 11th

Answer 60

a terrorists plot carried out on September 11, 2001 that used hijacking civilian aircraft to attack the world trade center in New York and the pentagon near Washington, D.C.

Question 61

Direct incitement test

Answer 61

test articulated by the supreme court in Brandenburg v. Ohio (1969) holding that the 1st amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur