APGOV Ch. 4 vocab.Kamya.Auberry Flashcards
Abraham Lincoln
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.
abolitionists
a supporter, especially in the early 19th century, of an end to the institution of slavery.
alien and sedition acts
laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.
bill of attainder
a law declaring an act illegal without a judicial trial.
bill of rights
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
black lives matter
a recent social movement focused on direct protest and political activism against police brutally, mass incarceration, and related offenses against African Americans.
burger court
the period in supreme court history during which warren burger served as chief justice. (1969-1986)
capital cases
court cases in 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. 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.”
dejonge v. Oregon (1937)
supreme course case that applied the first amendments protections of freedom of assembly to the states.
direct incitement test
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
double jeopardy clause
part of the fifth amendment that protects individuals from being tried twice for 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. due process may be procedural, ensuring fair treatment, or substantive protecting fundamental rights.
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 provisions applies to the states.
eighteenth amendment
a 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933.
espionage act
a 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets; by the supreme court in schenck v. U.S.
establishment clause
the first clause of the first amendment; it directs the national government not to sanction an official religion.
exclusionary rule
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.
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 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
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.
fighting words
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.
free exercise clause
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.
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 amendments 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 to trial. guaranteed by the fifth amendment.
hate speech
communications that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics.
incorporation doctrine
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.
lemon test
three part test created by the supreme court for examining the constitutionality of religious establishment issues.
liberal
false written statement that defames a persons character.
Miranda v. Arizona
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
Miranda rights
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
miller v. California
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.
new York times co. v. Sullivan
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
new York times co. v. U.S.
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.
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 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 of southeastern Pennsylvania v. Casey
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.
prior restraint
government actions preventing material from being published. This is usually prohibited by the 1st amendment, as confirmed in Near v. Minnesota.
right to privacy
the right to a private personal life free from the intrusion of government
roe v. wade
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.
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. state sedition laws were overturned as a result of the 1925 Gitlow supreme court decision
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
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.
slander
untrue spoken statements that defame the character of a person
symbolic speech
symbols, signs, and other methods of expression generally considered to be protected by the first amendment
tenth amendment
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.
the crown v. zenger
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.
undue burden test
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.”
warren E. Burger
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.
whole woman’s health v. Hellersted
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.
writ of habeas corpus
A court order requiring police officials to produce an individual held in custody and show sufficient cause for that person’s detention.
warren court
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
