APGOV Ch. 4 vocab.Kamya.Auberry

Question 1

Abraham Lincoln

Answer 1

16th president of the United states 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 2

abolitionists

Answer 2

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

Question 3

alien and sedition acts

Answer 3

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

Question 4

bill of attainder

Answer 4

a law declaring an act illegal without a judicial trial.

Question 5

bill of rights

Answer 5

The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom and religion, speech, and press and guarantee defendants’ rights

Question 6

black lives matter

Answer 6

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

Question 7

burger court

Answer 7

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

Question 8

capital cases

Answer 8

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

Question 9

civil liberties

Answer 9

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

Question 10

civil rights

Answer 10

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

Question 11

clear and present danger test

Answer 11

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

Question 12

dejonge v. Oregon (1937)

Answer 12

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

Question 13

direct incitement test

Answer 13

test articulated by the 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

Question 14

double jeopardy clause

Answer 14

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

Question 15

due process clause

Answer 15

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

Question 16

due process rights

Answer 16

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

Question 17

eighth amendment

Answer 17

The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provisions applies to the states.

Question 18

eighteenth amendment

Answer 18

a 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933.

Question 19

espionage act

Answer 19

a 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets; by the supreme court in schenck v. U.S.

Question 20

establishment clause

Answer 20

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

Question 21

exclusionary rule

Answer 21

the rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. This prohibits use of evidence obtained through unreasonable search and seizure.

Question 22

ex post facto law

Answer 22

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

Question 23

first amendment

Answer 23

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.

Question 24

fourth amendment

Answer 24

part 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.

Question 25

fourteenth amendment

Answer 25

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

Question 26

fifth amendment

Answer 26

a constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Question 27

fighting words

Answer 27

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

Question 28

free exercise clause

Answer 28

the second clause of the first amendment; it prohibits the U.S. government from interfering with a citizens right to practice his or her religion.

Question 29

fundamental freedoms

Answer 29

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

Question 30

Gitlow v. new york

Answer 30

a supreme court case that extended the first amendments protections of freedom of speech and of the press to the state governments

Question 31

grand jury

Answer 31

a group of citizens charged with determining whether enough evidence exists for a case to go to trial. guaranteed by the fifth amendment.

Question 32

hate speech

Answer 32

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

Question 33

incorporation doctrine

Answer 33

an interpretation of the constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights stated in the bill of rights.

Question 34

lemon test

Answer 34

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

Question 35

liberal

Answer 35

false written statement that defames a persons character.

Question 36

Miranda v. Arizona

Answer 36

the 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

Question 37

Miranda rights

Answer 37

statements required of police that inform a suspect of his or her constitutional rights protected by the fifth amendment including the right to an attorney provided by a court if the suspect cannot afford one

Question 38

miller v. California

Answer 38

a 1973 supreme court decision holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value.

Question 39

new York times co. v. Sullivan

Answer 39

a 1964 supreme court case decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth

Question 40

new York times co. v. U.S.

Answer 40

the case in which the supreme court ruled that the U.S. government could not block the publication of secret department of defense documents illegally furnished to the times by anti war activists.

Question 41

ninth amendment

Answer 41

part of the bill of rights that makes it clear that enumerating rights in the constitution or bill of rights does not mean others do not exist.

Question 42

occupy wall street

Answer 42

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

Question 43

planned parenthood of southeastern Pennsylvania v. Casey

Answer 43

a 1992 case in which the supreme court loosened its standard for evaluating restrictions on abortion from one of “Strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerable more regulation.

Question 44

prior restraint

Answer 44

government actions preventing material from being published. This is usually prohibited by the 1st amendment, as confirmed in Near v. Minnesota.

Question 45

right to privacy

Answer 45

the right to a private personal life free from the intrusion of government

Question 46

roe v. wade

Answer 46

the supreme court found that a woman’s right to privacy that could be implied from specific guarantees found in the bill of rights applied to the states through the fourteenth amendment.

Question 47

sedition laws

Answer 47

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 48

selective incorporation

Answer 48

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

Question 49

September 11th

Answer 49

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.

Question 50

sixth amendment

Answer 50

a 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.

Question 51

slander

Answer 51

untrue spoken statements that defame the character of a person

Question 52

symbolic speech

Answer 52

symbols, signs, and other methods of expression generally considered to be protected by the first amendment

Question 53

tenth amendment

Answer 53

Reaffirmed that framers’ plan to create a limited federal government. It states that all powers not given to the national government or denied to the states are reserved for states or for the people.

Question 54

the crown v. zenger

Answer 54

legal case in the colony of new york that is considered a prosecutor to free press provisos in the constitution. the case did not set legal precedent. but did reflect a difference between British authorities and colonists with regard to press freedoms.

Question 55

undue burden test

Answer 55

The new standard asks whether a state abortion regulation has the purpose or effect of imposing an “undue burden,” which is defined as a “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.”

Question 56

warren E. Burger

Answer 56

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

Question 57

whole woman’s health v. Hellersted

Answer 57

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 limitations on clinics.

Question 58

writ of habeas corpus

Answer 58

A court order requiring police officials to produce an individual held in custody and show sufficient cause for that person’s detention.

Question 59

warren court

Answer 59

the period in the supreme court history during which earl warren served as cheif justice noted for its many rulings expanding civil liberties and civil rights