ApGovernment_JuanJaimes_Ch.4. Flashcards
The Crown v. Zenger
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.
Civil liberties
The personal guarantees and freedoms that the government cannot abridge y 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 the 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.
Fourteenth Amendment
One of the three major amendments enacted after the Civil War, extending “equal protection of 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 a variety of tights to individuals
Substantive Due Process
Judicial interpretation of the Fifth and Fourteenth Amendments’due process clauses. Protects citizens from arbitrary or unjust state or federal laws
Sedition laws
Laws that make it illegal to speak or write any political criticism that threatened to diminish respect for the government, its laws, or public officials.
Gitlow v. New york
A supreme court case that extended the first amendment protection of freedom of speech and of the press to the state governments.
Incorporation Doctrine
An interpretation of the constitution holding that the due process clause do the fourteenth amendments requires state and local governments to guarantee the rights stated in the bill of tights.
Selective Incorporation
A judicial doctrine whereby most, but not all, protections found in the bill of rights are made applicable at the sate via the fourteenth amendment.
Fundamental freedom
Those rights defined by the Court as essential to order, liberty, and Justice therefore entitled to the highest standards of review.
Warren Court
Those rights defined bu the court history during which earl warren served a chief justice.
Earl warren
The fourteenth chief justice of the united states who served from 1953 to 1969 and led the court through an important liberal phase; previously a republic governor and presidential nominee.
First Amendment
Part of the bill of rights that imposes a number of restrictions on the federal government with respect to civil liberties,including speech press assembly and petition.,
Establishment clause
The first clause of the first amendment it directs the national government not o sanction an official religion.
Free exerciser clause
The second clause of the first amendment, it prohibits the U.S government from interfering with a citizens right to practice his or her religion.
Lemon Test
Three-part test created by the supreme court for examining the constitutionalism of religions 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 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.
Abolitionist
A supporter, especially in the early nineteenth century of an end to the institution of slavery.
Abraham Lincoln
Sixteenth president of the united states first elected republic president, who served from 1861-1865. Lincoln, who led the union during the civil war, was assassinated in 1865 by a confederate sympathize, john wiles.
Espionage Act
A 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets.
Clear and present danger test
Test articulated by the Supreme court in stench v us. to draw the line between protecting and unprotected speech.
Direct incitement test
Test articulated by the Supreme court in Brandenburg V,. Ohio holding that the first amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.
New York times co v. US
The case in which the supreme court ruled that the us government could not block publication of secret department of defense documents.
Symbolic Speech
Symbols, signs and other methods expression generally considered to be protected by the first amendment.
Hate speech
Communication that belittles a person on the basis of race, gender, ethnicity and other characters.
Occupy wall street
A recent social movement that promotes protests and political activism against income inequalities and corporate greed.
Black lives matter
A recent social movement focused on direct protests and political activism against police brutality.
Libel
False written statements that defames the character.
Slander
Untrue spoken statements that defame the characters of a person.
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.
Fighting words
Words that by thee very utterance inflict injury or tend to incite an immediate breach of Peace.
Miller v. California
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
Supreme court case that applied the first amendment protections of freedom assembly to the states
Eighteenth Amendment
A 1913 amendment that created the nationwide prohibition on alcoholic beverages, it was repealed in 1933.
Writs of habeas corpus
Petition requesting that a judge order authorities to prove that the prisoner is begin held lawfully and that allows the prisoner to be freed if the governments case does not persuade the judge.
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 the bill of rights. Due process may be procedural, ensuring fair treatment.
Fourth amendment
Part of the bill of rights that protects people fro unreasonable searches and seizures of their person, houses , papers and effects without a warrant from a judge among other guarantees.
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..
Grand Jury
A group of citizens charged with determining whether enough evidence exists for a case to go to trial.
Miranda V. Arizona
A landmark supreme court ruling holdings that fifth amendment requires individuals arrested for a crime to be advised of their rights to remain silent and to have counsel present.
Burger court
The period in supreme court history during which warren burger served as chief justice.
Warren E. burger
The fifteenth justice who served the united states who served from 1969 to 1986 and who led court in an increasing conservative direction.
Double jeopardy clause
Part of the fifteenth amendment of the united states individuals from tried twice for the same offense in the same jurisdiction.
Exclusionary rule
Judicially created rule that prohibits police from using illegal seized evidence for trial.
Sixth Amendment
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights
Capital Cases
Court cases in which a conviction may result in the application of the death penalty.
Eight Amendment
Part of the bill of rights that states excessive bail shall not to be required, not 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.
Row v. Wade
The supreme court ruled found that a woman rights to an abortion was protected by the right to privacy that could be implied from specific guarantees.
Planned Parenthood of Southeastern Pennsylvania V Casey
The supreme court decision in this abortion case replaced the strict scrutiny standard of roe with less stringent undue burden standard.
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.
Whole women health v. Hellerstedt
Supreme court abortion ruling that struck down state law provisions in taxes as presenting an undue burden on women seeking abortions.
9/11
A terrorist plot carried out on September 11, 2001 that used hijacked civilian aircraft to attack the trade centers.
Symbolic Speech
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it
