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APGOV.Justin.Hall > APGovCh.4.JustinHall > Flashcards

APGovCh.4.JustinHall Flashcards

1
Q

Abraham Lincoln

A

president from 1861 to 1865) took substantial control of the federal government in order to conduct the Civil War effectively. Lincoln suspended the writ of habeas corpus and other civil liberties

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2
Q

Abolitionists

A

is support for a complete, immediate, and uncompensated end to slavery. In the North before the Civil War, there were only a few abolitionists and these were generally considered radicals. However, they were prominent and vocal, and as sectional tension mounted, they became more prominent and influential

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3
Q

Alien and Sedition Acts

A

n 1798, the Federalist-controlled Congress passed a series of laws which, on the surface, were designed to control the activities of foreigners in the United States during a time of impending war

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4
Q

bill of attainder

A

a legislative act finding a person guilty of treason or felony without a trial, A law that declares a person, without trial, to be guilty of a crime. The state legislatures and Congress are forbidden to pass such acts, Article 1, Sections 9 and 10, of the Constitution

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5
Q

Bill of Rights

A

the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship

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6
Q

Black Lives Matter

A

an international activist movement, originating in the African American community, that campaigns against violence toward black people. BLM regularly organizes protests around the deaths of black people in killings by law enforcement offers, and broader issues of racial profiling, police brutality, and racial inequality in the United States criminal justice system

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7
Q

Burger Court

A

refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States

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8
Q

Capital Cases

A

is a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death

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9
Q

Civil Liberties

A

Constitutional freedoms guaranteed to all citizens

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10
Q

Civil Rights

A

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

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11
Q

Clear and Present danger

A

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts

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12
Q

Dejonge v Oregon (1937)

A

The Court established that the right of association (assembly) was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states

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13
Q

Direct Incitement Test

A

The First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur

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14
Q

Double Jeopardy Clause

A

Individuals are protected from being tried twice for the same offense in the same jurisdiction

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15
Q

Due Process Clause

A

Clause contained in the Fifth and Fourteenth Amendment, guarantees a variety of rights to individuals

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16
Q

Due Process Rights

A

Procedural, ensuring fair treatment, or substantive, protecting fundamental rights

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17
Q

Earl Warren

A

Led the Court through an important liberal phase

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18
Q

Eighth Amendment

A

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

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19
Q

Eighteenth Amendment

A

A nationwide prohibition on alcoholic beverages

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20
Q

Espionage act

A

Prohibited urging resistance to the draft or disturbing anti-war leaflets

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21
Q

Establishment clause

A

Directs the national government not to sanction an official religion

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22
Q

exclusionary rule

A

Police are prohibited from using illegally seized evidence in the same jurisdiction

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23
Q

ex post facto law

A

Makes an act punishable as a crime if it was legal before it was committed

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24
Q

First amendment

A

Restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

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25
Q

Fourth amendment

A

Protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees

26
Q

Fourteenth Amendment

A

Extension of the “equal protection of the law” to all citizens

27
Q

Fifth Amendment

A

Provides indictment by a grand jury and protection against self incrimination, and prevents the national government from denying a person life, liberty, or property. Prevents the national government from taking property without just compensation

28
Q

fighting words

A

Words that inflict injury or tend to incite an immediate breach of speech

29
Q

free excercise clause

A

Prohibits the US government from interfering with a citizen’s right to practice his or her religion

30
Q

fundamental freedoms

A

Rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review

31
Q

Gitlow v. New York (1925)

A

A case that extended the First Amendment protections to State Governments

32
Q

grand jury

A

Group of citizens that determine whether enough evidence exists for a case to go to trial

33
Q

hate speech

A

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

34
Q

incorporation doctrine

A

The due process clause must require state and local governments to guarantee the rights stated in the Bill of Rights

35
Q

Lemon Test

A

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues

36
Q

libel

A

False Written statement that defames a person’s character

37
Q

Miranda rights

A

Police are required to read a suspect his or her rights

38
Q

Miranda v. Arizona (1966)

A

Individuals arrested for a crime must be advised of their rights to remain silent and have counsel present

39
Q

Miller v. California (1973)

A

Used to determine when sexually explicit interpretation was obscene and unprotected by the First Amendment

40
Q

New York Times Co. v. Sullivan (1964)

A

“Actual malice” must be proven to support a finding of libel against a public figure

41
Q

New York Times Co. v. U.S. (1971)

A

The US government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists

42
Q

Ninth Amendment

A

Enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist

43
Q

Occupy Wall Street

A

Promotes protests and political activism against income inequality and corporate greed

44
Q

Planned Parenthood of Southeastern Pennysylvania v. Casey (1992)

A

This abortion case replaced the strict scrutiny standard of Roe with the less stringent undue burden standard

45
Q

prior restraint

A

Doctrine prevents the government from prohibiting speech or publication before the fact

46
Q

right to privacy

A

The right to be left alone

47
Q

Roe v. Wade (1973)

A

A woman’s right to abortion was protected by the right to privacy

48
Q

sedition laws

A

Made it illegal to speak or write any political criticism that threaten to diminish respect for the government, it’s laws, or public officials

49
Q

selective incorporation

A

Most protections in the Bill of Rights are made applicable to the states via the Fourteenth Amendment

50
Q

September 11th

A

A terrorist plot that involved hijacked planes crashing into the World Trade Center and the Pentagon

51
Q

Sixth Amendment

A

Sets out the basic requirements for procedural due process for federal courts to follow in crime trials

52
Q

slander

A

Untrue spoken statements that defame the character of a person

53
Q

substantive due process

A

Protects citizens from arbitrary or unjust state or federal laws

54
Q

symbolic speech

A

Symbols, signs, and other methods of expression protected by the First Amendment

55
Q

Tenth Amendment

A

The powers not delegated to the national government are reserved to the states or to the people

56
Q

The Crown v. Zenger (1735)

A

A precursor to free press provisions in the Constitution

57
Q

undue burden test

A

Allowed for greater regulation of abortion by the states

58
Q

Warren Court

A

Court where Earl Warren served as Chief Justice, noted for many rulings expanding civil liberties and civil rights

59
Q

Warren E. Burger

A

Chief Justice that led the Court in an increasingly conservative direction

60
Q

Whole Woman’s Heath v. Hellerstedt (2016)

A

Struck down state law provisions in Texas as presenting an undue burden on women seeking abortions

61
Q

writ of habeas corpus

A

Prisoners have a right to know what charges are being made against them

APGOV.Justin.Hall (13 decks)

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