APGovCH.4 Flashcards
The Crown v. Jenger (1735)
Legal case in the NY colony that is considered a precursor to the free press provisions of the U.S. Constitution. The case did not set legal precedent did reflect differences between the English authorities and U.S. colonists regarding press freedoms.
civil liberties
The personal guarantees and freedoms that the federal 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.
Bill of Rights
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
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.
Tenth Amendment
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 or to the people.
14th Amendment
One of three major amendments enacted after the Civil War, extending “equal protection” under the law to all citizens.
due process clause
Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee to individuals a variety of rights.
substantive due process
Judicial interpretation of the Fifth and Fourteenth Amendments’ due process clauses that protects citizens from arbitrary or unjust state or federal laws.
sedition laws
Laws that made it illegal to speak or write criticism that threatened to hurt the respect of the government, laws or public officials. State versions of these laws were overturned in the 1905 Gitlow decision.
Gitlow v. New York (1925)
Supreme Court decision that extended the First Amendment protections of freedom of speech and of the press to the state governments.
incorporation doctrine
An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments must also guarantee the rights stated in the Bill of Rights.
selective incorporation
A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.
fundamental freedoms
Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review.
Warren Court
Period in Supreme Court history in which Earl Warren served as Chief Justice, noted for its many rulings expanding civil liberties and civil rights.
Earl Warren
Chief Justice of the Supreme Court from 1953-1969.; led the court through an important liberal phase.
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.
establishment clause
The first clause of the First Amendment; it directs the national government not to sanction an official religion.
free exercise clause
The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen, right to practice his or her 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 government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
Alien and Sedition Acts
Laws passed in 1796 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.
abolitionist
A supported, especially in the early 19th century, of an end to slavery.
Abraham Lincoln
President that led Union during the Civil War (1861-1865).
Espionage Act
A 1917 law that prohibited resistance to the draft or distributing anti-war leaflets. Upheld by the Supreme Court in Schenck v. U.S. (1919).
clear and present danger test
Test articulated by the Supreme Court in Schenck. v. U.S. (1919) 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.”
direct incitement test
Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.
N.Y. Times v. U.S. (1971)
Supreme Court ruling stating that the U.S. government may not block the publication of Department of Defense documents illegally furnished to the Times.
symbolic speech
Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.
hate speech
Communication that belittles a group or person on the basis of race, gender, ethnicity or other characteristics.
Occupy Wall Street
Recent social movement that promotes protests and political activism against income inequality and corporate greed.
Black Lives Matter
Recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against Black Americans.
libel
Written statement that defames a person’s character.
slander
Untrue spoken statements that defame the character of a person.
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.
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 restrictions of the First Amendment.
Miller v. California (1973)
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.
DeJonge v. Oregon (1937)
Supreme Court case that applied the First Amendment’s protections of freedom of assembly to the states.
18th Amendment
1913 amendment that created a nationwide prohibition on alcoholic beverages. Repealed in 1933.
writs of habeas corpus
Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government’s case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
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.
bill of attainder
A law declaring an act illegal without a judicial trial.
due process rights
Protections drawn from the Fourth Amendment and Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.
Fourth Amendment
Part of the Bill of Rights that reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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. 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.
grand jury
A group of citizens charged with determining whether enough evidence exists for a case to go to trial. Guaranteed by the 5th Amendment.
Miranda v. Arizona (1966)
A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.
Miranda rights
Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.
Burger Court
A period in Supreme Court history led by Chief Justice Warren Burger. Moved in a conservative direction.
Warren Burger
15th Supreme Court Chief Justice who served from 1969 to 1986, and who directed the Court in an increasingly conservative direction.
double jeopardy clause
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
exclusionary rule
Judicially created rule that prohibits police from using illegally seized evidence at trial.
Sixth Amendment
Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.
Eighth Amendment
Part of the Bill of Rights that states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
right to privacy
The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments.
Roe v. Wade (1973)
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 Southeastern Pennsylvania v. Casey (1992).
Supreme Court decision that replaced the strict scrutiny standard of Roe v. Wade with the less stringent undue burden standard.
undue burden test
A standard set by the Supreme Court in the Casey case, that narrowed Roe v. Wade and allowed greater regulation of abortions.
Whole Woman’s Health v. Hellerstadt (2016)
A Supreme Court decision that struck down a Texas state law as presenting an undue burden on abortions. Led to other state laws being invalidated.
September 11
2001 terrorist act that involved hijacked planes attacking the World Trade Center and Pentagon.
capital cases
court cases in which a conviction may result in the application of the death penalty
