AP GOV Chap. 4 Esmeralda Ayala Flashcards
Abraham Lincoln
sixteenth president of the U.S., the first elected Republican president, who served from 1861-1865
abolitionists
a supporter, especially in the early nineteenth century, of an end to the institution of slavery
Alien and Sedition Acts
laws passed in 1798 that authorized the president to imprison any alien from an enemy nation or any alien considered dangerous
bill of attainder
a law declaring an act illegal without a judicial trial
Bill of Rights
the first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
Black Lives Matter (BLM)
a recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against African Americans
Burger Court
the period in supreme court history during warren burger served as chief justice
capital cases
court cases on which a conviction may result in the application of the death penalty
civil liberties
the personal guarantees 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
clear and present danger test
test articulated by the supreme court in schenck v. us (1919) to draw the line between protected and unprotected speech
DeJonge v. Oregon (1937)
supreme court case that applied the first amendment’s protections of freedom of assembly to the states
direct incitement test
test articulated by the supreme court in Brandenburg v. Ohio (1969) holding that the first amendment protects advocacy of illegal action unless imminent lawless action
double jeopardy clause
part of the fifth amendment that protects individuals from being tried twice fro the same offense in the same jurisdiction
due process clause
clause contained in the fifth and fourteenth amendments; over the years, it has been construed to guarantee a variety of rights to individuals
due process rights
protections drawn from the fourth amendment and the bill of rights
Earl Warren
the fourteenth chief justice of the united states who served from 1953 to 1969 and led the court through an important liberal phase
Eighth Amendment
the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the fourteenth amendment, this bill of rights provision applies to the states
Eighteen Amendment
a 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933
The Crown v. Zenger (1735)
legal case in the colony of New York that is considered a precursor to free press provisions in the Constitution.
Espionage Act
a 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets
establishment clause
the first clause of the first amendment; it directs the national government not to sanction an official religion
exclusionary rule
judicially created rule that prohibits police from using illegally seized evidence at trial
ex post facto law
law that makes an act punishable as a crime even if the action was legal at the time it was committed
First Amendment
part of the bill of rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition
Fourth Amendment
part of the bill of rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees
Fourteenth Amendment
one of three major amendments enacted after the civil war, extending “equal protection of the law” to all citizens
Fifth Amendment
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
fighting words
words that “by their very utterance inflict injury or tend to incite an immediate breach of peace
free exercise clause
the second clause of the first amendment; it prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion
fundamental freedoms
those rights defined by the court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
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
grand jury
a group of citizens charged with determining whether enough evidence exists for a case to go trial
hate speech
communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics
incorporation doctrine
an interpretation of the constitution holding tat the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights stated in the bill of rights
Lemon test
three-part test created by the supreme court for examining the constitutionality of religious establishment issues
libel
false written statement that defames a person’s character
Miranda rights
statements required of police that inform a suspect of his or her constitutional rights protected by the fifth amendment
Miranda v. Arizona (1966)
1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel
Miller v. California (1973)
supreme court case that created the “miller test” to determine when sexually-explicit expression was obscene
New York Times Co. v. Sullivan (1964)
case in which the supreme court concluded that “actual malice” must be proven to support a finding of libel against a public figure
New York Times Co. v. U.S.
the case in which the supreme court ruled that the us government could not block the publication of secret department of defense documents illegally furnished to the times by antiwar activists
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
Occupy Wall Street
a recent social movement that promotes protests and political activism against income inequality and corporate greed
Planned Parenthood v. Casey (1992)
the supreme court’s decision in this abortion case replaced the strict scrutiny standard of roe with the less stringent undue burden standard
prior restraint
constitutional doctrine that prevents the government from prohibiting speech or publican before the fact
right to privacy
the right to a private personal life free from intrusion of the government
Roe v. Wade (1973)
1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester
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
selective incorporation
a judicial doctrine whereby most, but not all, protections found in the bill of rights are made applicable to the states via the fourteenth amendment
September 11th
a terrorist plot carried out on September 11, 2001 that used hijacked civilian aircraft to attack the world trade center in new York and the pentagon near Washington, d.c.
Sixth Amendment
the constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial
slander
untrue spoke statements that defame the character of a person
substantive due process
judicial interpretation of the fifth and fourteenth amendments’ due process clauses
symbolic speech
symbols, signs, and other methods of expression generally considered to be protected by the first amendment
Tenth Amendment
the final part of the bill of rights that defines the basic principle of american federalism in starting that the powers not delegated to the national government are reserved to the states or to the people
undue burden test
fundamental rights are those which are explicit in Constitution, e.g. travel political association, privacy
Warren Court
the period in supreme court history during which earl warren served as chief justice, noted for its many rulings expanding civil liberties and civil rights
Warren E. Burger
the fifteenth chief justice of the united states who served from 1969 to 1986 and who led the court in an increasingly conservative direction
Whole Woman’s Health v. Hellerstedt (2016)
a landmark United States Supreme Court case decided on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion
writ 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 cased does not persuade the judge
