APGov.Ch4 Angelina.Zamora Flashcards
Abraham Lincoln
16th president of the united states first elected Republican led the union during the civil war and was assassinated in 1865 by a Confederate sympathizer John wikes 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 largely guarantee specific rights and liberties
black lives matter
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 which Warren burger served as chief justice
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 the rights of individuals against arbitrary or discriminatory treatment by governments 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
supreme course case that applied the protections of the first amendment of freedom of assembly to the states.
direct incitement test
test articulated by the supreme court in Brandenburg v Ohio holding that the 1st amendment protects advocacy of illegal actions is intended and likely to occur
double jeopardy clause
part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction
due process clause
the 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 drew from the fourth amendment and the bill of rights. due process may be procedural ensuring fair treatment or substantive protecting fundamental rights
Earl Warren
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
8th 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.
18th 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 1st 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
a law that makes an act punishable as a crime even if the action was legal at the time it was committed
1st 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 speech press assembly and petition
4th amendment
part of the bill of rights that protects people from unreasonable searches and seizures of their person’s houses papers and effects without a warrant from a judge among other guarantees
14th amendment
One of three major amendments enacted after the civil war extending equal protection of the law to all citizens
5th 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
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 1st amendment it prohibits that 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 protections of the 1st amendment 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
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 that the due process clause of the 14th amendment requires state and local governments to guarantee the rights states in the bill of rights
lemon test
three-part test created by the supreme court for examining the constitutionality of religious establishment issues
libel
a 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 5th amendment including the right to an attorney provided by a court if the suspect cannot afford one
Miranda v Arizona
a landmark supreme court decision ruling holding that the 5th amendment requires individuals arrested for a crime to e advised of their right to remain silent and to have counsel present
Miller v California
the supreme court case that created the Miller test the determine when a sexually explicit expression was obscene and therefore beyond the protection of the first amendment
New York Times Co. v Sullivan
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 U.S government could not block the publication of secret department of defense documents illegally furnished to the times by anti-war activists. Also called the Pentagon papers case
9th amendment
Part of the bill of rights that makes it clear that enumerating rights in the Consitution 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 police brutality mass incarceration and related offense against African americans
Planned Parenthood of Southern Pennsylvania v Casey
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 government from prohibiting speech or publication before the fact generally held to be in violation of the first amendment
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
the supreme courts found that a woman’s right to 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 14th amendment
sedition laws
laws that make it illegal to speak or write any political crises 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 14th amendment
September 11th
a terrorist plot carried out in september 11th 2001 that used hijacked civilian aircraft to attack the world trade center in new york and the pentagon near washington DC.
6th amendment
part of the bill of rights that sets it the basic requirements of procedural due process for federal courts to follow in criminal trial impartial juries trials in the states where the crime was committed notice of the charges the right to confront and obtain favorable witnesses and the right to counsel
slander
untrue spoken statements that defame the character of a person
substantive due process
judicial interpretation of the fifth and 14th amendments due process clauses protects citizens from arbitrary or unjust state or federal laws
symbolic speech
symbols signs and other methods of expression generally considered to be protected by the first amendment
10th amendment
the final part of the bill of rights that defines the basic principles of American federalism in stating that the powers not delegated to the national government are reserved to the states or the people
The crown v Zenger
The legal case in the colony of new york that is considered a precursor to free press provisions in the constitution. The case did not set a legal precedent but did reflect a difference between British authorities and colonists with regard to press freedoms
undue burden test
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
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 15th chief justice of the U.S who served from 1969 to 1986 and who led the court in an increasingly conservative direction
Whole women’s health v Hellerstedt
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
writs 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 case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.