APGOVCHAPTER4AYASHAHUSSAIN Flashcards
Abraham Lincoln
Abraham Lincoln was an American statesman, politician, and lawyer who served as the 16th president of the United States from 1861 until his assassination in April 1865.
Abolitionists
A supporter, especially in the early 1800s, of an end to 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 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
Black Lives Matter(BLM)
A recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against Black 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, and 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 (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”.
Dejonge v. Oregon (1937)
Supreme Court case that applied the First Amendment’s protections of freedom of assembly to the states.
direct incitement test
Test articulated by the Supreme Court in Brandenburg v Ohio (1969) 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 5th 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 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
Eighth Amendment
Part of the Bill of Rights that states; Excessive bail shall not be required or excessive fines or cruel and unusual punishment imposed
Eighteenth Amendment
A 1913 amendment that created the nationwide prohibition of alcohol. 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
Judicially created rule that prohibits police from using illegally seized evidence at trial.
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.
Fisrt Amdendemt
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
Protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees.
Fifth Amendment
Imposes restrictions on 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.
fourteennth Amendment
One of three major amendments enacted after the Civil War, extending “equal protection of the law” to all citizens.
Figthing words
speech that directly incites damaging conduct
Free excericse clause
The second clause of the First amendment; it prohibits the U.S government from interfering with a citizen’s right to practice his or her religion
Fundamental freedoms
The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Gitlow v. New York
A Supreme Court case that extended the First Amendment’s 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.
hate speech
any communication that belittles a person or group on the basis of characteristics like race, gender, ethnicity etc
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.
Lemon test
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
Libel
false written statement that defames a person’s character
Miranda rights
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Miranda v. Arizona (1966)
In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
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.
New York Times 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. U.S. (1971)
New York Times Co. v. United States, 403 U.S. 713, was a landmark decision by the United States Supreme Court on the First Amendment. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment
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.
Occupy wall street
A recent social movement that promotes protests and political activism against income inequality and corporate greed.
Planned Parenthood of southeastren Pennslyvania v. Casey (1992)
The SC 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 the 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 a private personal life free from intrusion of the government.
Roe v. Wade
The SC 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
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 14th amendment.
September 11th
The September 11 attacks were a series of four coordinated terrorist attacks by the Islamic terrorist group al-Qaeda against the United States on the morning of Tuesday, September 11, 2001
sixth amendment
Sets out basic requirements of procedural due process for federal courts to follow in criminal trials. These include the right to a speedy and public trial, 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.
Slander
Slander
Untrue spoken statements that defame the character of a person
Substantive due process
Judicial interpretation of the 5th and 14th amendments; over the years, it has been construed to guarantee a variety of rights to individuals.
symoblic speech
Symbols, Signs, and other methods of expression that are considered protected by the 1st amendment
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.
The crown v. Zenger (1753)
Legal case in the colony of New York that is consider 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.
undue durden test
A standard set by the Supreme Court in the Casey case in 1992 that narrowed Roe verses 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 (1953-1969), noted for its many rulings expanding civil liberties and civil rights.
Warren E. Burger
The fifteenth Chief 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. Hellerstedt (2016)
SC 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.
Writ of habes 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 the prisoners have a right to know what charges are being made against them.
