APGOVCh.4.Hannah.Esparza Flashcards
The Crown v. Zinger (1735)
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 legal precedent, but did reflect a difference between British authorities and colonists with regard to press freedoms
The Crown v. Zinger decision set an important standard for civil liberties that found its way into colonial and state constitutions.
civil liberties
the personal guarantees and freedoms that the government cannot abridge by law, constitution, or juridical interpretation
Civil liberties place limitations on the power of the government to restrain or dictate an individual’s actions.
civil rights
the government-protected rights of individuals against arbitrary of discriminatory treatment by governments or individuals
Civil rights often present complex problems.
bill of rights
the first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
The Bill of Rights contains numerous specific guarantees against encroachment by the national government
9th 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
The 9th Amendment played a critical role when the Supreme Court began to address the constitutionality of state laws prohibiting contraceptives.
10th 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
The 10th Amendment reiterates that powers not delegated to the national government are reserved to the states or to the people
14th Amendment
1 of the 3 major amendments enacted after the civil war, extending “evaluation protection of the law” to all citizens
The 14th Amendment was added to the Constitution in 1868.
due process clause
clause contained in the 5th and 14th amendments; over the years, it has been construed to guarantee a variety of rights to individuals
The due process clause is part of the 14th amendment.
substantive due process
judicial interpretation of the 5th and 14th amendments’ due process clauses. protects citizens from arbitrary or unjust state or federal laws
The substantive due process required states to prove that their laws constituted a valid exercise of their power to regulate the health, welfare, or public morals of citizens.
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
Sedition laws made it illegal to speak or write any political criticism that threatened to diminish respect of the government.
Gitlow v. New York (1925)
a Supreme Court case that extended the 1st Amendment’s protections of freedom of speech and of the press to the state governments
In Gilton v. New York the justices noted that states were not completely free to limit forms of political expression.
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 stated in the Bill of Rights
Gitlow v. New York was the 1st decision to clearly articulate the incorporation doctrine.
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
The court has used the process of selective incorporation to limit the rights of states.
fundamental freedoms
those rights defined by the court as essential to order, liberty and justice and therefore entitled to the highest standard of review
Fundamental freedoms are subject to the Court’s most rigorous standard of review.
warren court
the period in Supreme Court history during which Earl Warren served as chief justice (1953-1969), noted for its many rulings expanding civil liberties and civil rights
The warren court was considered to be liberal.
earl warren
the 14th chief justice of the u.s. and led the court through an important liberal phase; previously a republican governor and vice president nominee
Earl Warren was responsible for 10 decisions in multiple major cases.
1st amendment
part of the bill or 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
The 1st amendment sets the boundaries of governmental action.
establishment clause
the 1st clause of the 1st amendment; it directs the national government not to sanction an official religion
The establishment clause directs the national government not to sanction an official religion.
free exercise clause
the 2nd clause of the 1st amendment; it prohibits the u.s. government from interfering with a citizen’s right to practice his or her religion
The free exercise clause guarantees citizens that the national government will not interfere with practice of the religion.
lemon test
3 part test created by the supreme court for examining the constitutionality of religious establishment issues
According to the lemon test a practice or policy is constitutional under the establishment clause if it has a legitimate secular purpose, neither advances nor inhibits religion and does not foster an excessive government entanglement with religion.
prior restraint
constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in a violation of the 1st amendment
The 1st amendment was considered to protect against prior restraint.
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
The Federalist Congress enacted the alien and sedition acts.
abolitionist
a supporter, especially in the early 19th century, of an end to the institution of slavery
In the 1930s abolitionists sought to end slavery.
abraham lincoln
16th president of the u.s., the 1st elected republican president, who served from 1861-1865. lincoln, who led during the civil war, was assassinated in 1865 by a confederate sympathizer, john wilkes booth
During the civil war abraham lincoln took several steps that violated the 1st amendment.
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.
Woodrow Wilson passed the espionage act in 1917.
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”
Under the clear and present danger test the circumstances surrounding an incident are important.
direct incitement test
test articulated by the supreme court in brandenburg v. ohio (1969) holding that the 1st amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
The direct incitement test was fashioned by the court to decide whether the government could regulate certain kinds of speech.
new york times co. v. u.s. (1971)
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
New york times co. v. us was the 1st major libel case considered by the supreme court.
symbolic speech
symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment
Symbolic speech is part of the “free trade in ideas”.
hate speech
communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics
In the 1990s a particularly thorny 1st amendment issue emerged as cities and universities attempted to prohibit what they viewed as hate speech.
occupy wall street
a recent social movement that promotes protests and political activism against income inequality and corporate greed
Occupy wall street movement has a lot of young people involved.
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
The black lives matter movement is a relatively new movement.
libel
false written statement that defames a person’s character
In Great Britain, suing for libel is relatively easy.
slander
untrue spoken statements that defame the character of a person
It is considered to be slander if the statement is spoken.
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. sullivan was the 1st major libel case considered by the supreme court.
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 1st amendment
In 1942 the court stated that fighting words are not subject to the protections of the 1st 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 1st amendment
In miller v. california the supreme court set out a test that continues to form the modern basis for defining obscenity
dejonge v. oregon (1937)
supreme course case that applied the 1st amendment’s protections of freedom of assembly to the states
Dejonge v. oregon incorporated the 1st amendment’s freedom of assembly clause.
18th amendment
a 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933
The 18th amendment prohibited the sale of alcohol.
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 changes are being made against them
Among the article 1 section 9 of the constitution the writs of habeas corpus.
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
Article 1 of the constitution prohibits the ex post facto law.
bill of attainder
a law declaring an act illegal without a judicial trial
Article 1 prohibits of the bill of attainder.
due process rights
protections drawn from the 4th amendment and the bill of rights. due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights
The 4th, 5th, 6th, 7th and 8th amendments supplement the due process rights.
4th 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
The purpose of the 4th amendment was to deny national authorities the right to conduct general searches of private property.
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
The 5th amendment provides a variety of guarantees protecting those charged with a crime
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
the grand jury is a group of citizens who are charged with determining whether enough evidence exists.
miranda v. arizona (1966)
a landmark supreme court ruling holding that 5th amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present
Miranda v. arizona was the supreme court’s 1st response to coercive efforts used to obtain confessions.
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
Police routinely began to read suspects what are now called their miranda rights.
burger court
the period in supreme court history during which warren burger served as chief justice (1969-1986)
The burger court did not enforce the reading of miranda rights.
warren e. burger
the 15th chief justice of the u.s. who served from 1969-1986 and who led the court in an increasingly conservative direction
Warren’s successor acknowledged that they had become an integral part of established police procedures.
double jeopardy clause
part of the 15th amendment that protects individuals from being tied twice for the same offense in the same jurisdiction
the double jeopardy clause protects individuals from being tried twice for the same crime in the same jurisdiction
exclusionary rule
judicially created rule that prohibits police from using illegally seized evidence at trial
In Weeks v. u.s. the supreme court adopted the exclusionary rule.
6th amendment
part of the bill of rights that sets out the basic requirements of procedural due processes for federal courts to follow in criminal trials. these include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses and the right to counsel
the 6th amendment guarantees to an accused person.
capital cases
court cases in which a conviction may result in the application of the death penalty
capital cases eventually in all federal criminal cases.
8th amendment
part of the bill of rights that states “Excessive bail shall not be required”
the 8th amendment was a concept rooted in the english common law tradition
right to privacy
the right to be left alone; a judicially created principle encompassing a variety of individual actions protected
the bill of rights was silent about the right to privacy.
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 14th amendment
Blackmun wrote the majority decision for roe v. wade
planned parenthood of southeastern pennsylvania v. casey (1992)
the supreme court’s decision in the abortion case replaced the strict scrutiny standard of roe with the less stringent undue burden standard
In planed parenthood southeastern pennsylvania v. casey the court wrote that pennsylvania could limit abortions
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 states
Casey lowered the standard of review from strict scrutiny to a far lower undue burden test.
whole woman’s health v. hellerstedt (2016)
supreme court abortion ruling that struck down state law provisions in texas as presenting an uncle burden on women seeking abortions
the ruling of whole woman’s health v. herrlerstedt calls into question similar laws in 26 states.
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 dc
After the terrorist attacks on september 11th some critics charged that the u.s. government began to operate in “an alternate reality”
