Ch 4 vocab for beason Nicholas Esposito

Question 1

Abraham lincoln

Answer 1

.President that led Union during the Civil War (1861-1865

Question 2

Abolitionists

Answer 2

.A supported, especially in the early 19th century, of an end to slavery.

Question 3

Alien and sedition acts

Answer 3

.Laws passed in 1796 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.

Question 4

Bill of attainder

Answer 4

.A law declaring an act illegal without a judicial trial.

Question 5

Bill of rights

Answer 5

.The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.

Question 6

Black lives matter

Answer 6

.Recent social movement focused on direct protest and political activism against police brutality, mass incarceration, and related offenses against Black Americans

Question 7

Burger court

Answer 7

.A period in Supreme Court history led by Chief Justice Warren Burger. Moved in a conservative direction.

Question 8

Capital cases

Answer 8

.a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death, if found guilty.

Question 9

Civil liberties

Answer 9

.The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.

Question 10

Civil rights

Answer 10

.The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

Question 11

Clear and present danger test

Answer 11

.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.”

Question 12

DeJonge V. Oregon

Answer 12

.Supreme Court case that applied the First Amendment’s protections of freedom of assembly to the states.

Question 13

Direct incitement test

Answer 13

.Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

Question 14

Double jeapordy clause

Answer 14

.Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction

Question 15

Due process clause

Answer 15

.Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee to individuals a variety of rights.

Question 16

Due process rights

Answer 16

.Protections drawn from the Fourth Amendment and Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.

Question 17

Earl Warren

Answer 17

.Chief Justice of the Supreme Court from 1953-1969.; led the court through an important liberal phase.

Question 18

Eigth ammendment

Answer 18

.Part of the Bill of Rights that states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Question 19

Eighteenth ammendment

Answer 19

.1913 amendment that created a nationwide prohibition on alcoholic beverages. Repealed in 1933.

Question 20

Espionage act

Answer 20

.A 1917 law that prohibited resistance to the draft or distributing anti-war leaflets. Upheld by the Supreme Court in Schenck v. U.S. (1919).

Question 21

Establishment clause

Answer 21

.The first clause of the First Amendment; it directs the national government not to sanction an official religion.

Question 22

Exclusionary rule

Answer 22

.Judicially created rule that prohibits police from using illegally seized evidence at trial.

Question 23

Ex post facto law

Answer 23

.Law that makes an act punishable asa crime even if the action was legal at the time it was committed.

Question 24

First ammendment

Answer 24

.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.

Question 25

Fourth ammendment

Answer 25

.Part of the Bill of Rights that reads "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Question 26

Fourteenth ammendment

Answer 26

.One of three major amendments enacted after the Civil War, extending "equal protection" under the law to all citizens.

Question 27

Fifth ammendment

Answer 27

.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

Question 28

Fighting words

Answer 28

.Words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the First Amendment.

Question 29

Free exercise clause

Answer 29

.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.

Question 30

Fundemental freedoms

Answer 30

.Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review.

Question 31

Glitlow V. New york

Answer 31

.Supreme Court decision that extended the First Amendment protections of freedom of speech and of the press to the state governments.

Question 32

Grand jury

Answer 32

.A group of citizens charged with determining whether enough evidence exists for a case to go to trial. Guaranteed by the 5th Amendment

Question 33

Hate speech

Answer 33

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

Question 34

Incorporation doctrine

Answer 34

.An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments must also guarantee the rights stated in the Bill of Rights.

Question 35

Lemon test

Answer 35

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

Question 36

Libel

Answer 36

Written statement that defames a person's character.

Question 37

Miranda rights

Answer 37

.Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.

Question 38

Miranda V Arizona

Answer 38

.A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.

Question 39

Miller V California

Answer 39

.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.

Question 40

New York times Co. V Sullivan

Answer 40

.Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure.

Question 41

New York Times co. V U.S

Answer 41

.Supreme Court ruling stating that the U.S. government may not block the publication of Department of Defense documents illegally furnished to the Times.

Question 42

Ninth ammendment

Answer 42

.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.

Question 43

Occupy wall street

Answer 43

.Recent social movement that promotes protests and political activism against income inequality and corporate greed

Question 44

Planned parenthood of south eastern Pennsylvania V. Casey

Answer 44

.Supreme Court decision that replaced the strict scrutiny standard of Roe v. Wade with the less stringent undue burden standard

Question 45

Prior restraint

Answer 45

.Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment

Question 46

Right to privacy

Answer 46

.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.

Question 47

Roe V wade

Answer 47

.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.

Question 48

Sedition laws

Answer 48

.Laws that made it illegal to speak or write criticism that threatened to hurt the respect of the government, laws or public officials. State versions of these laws were overturned in the 1905 Gitlow decision.

Question 49

Selective incorporation

Answer 49

.A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.

Question 50

September 11th

Answer 50

.2001 terrorist act that involved hijacked planes attacking the World Trade Center and Pentagon.

Question 51

Sixth ammendment

Answer 51

.Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.

Question 52

Slander

Answer 52

.Untrue spoken statements that defame the character of a person.

Question 53

Substantive due process

Answer 53

.Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjuststate or federal laws.

Question 54

Symbolic speech

Answer 54

.Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.

Question 55

Tenth ammendment

Answer 55

.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.

Question 56

The crown V. Zenger

Answer 56

.Legal case in the NY colony that is considered a precursor to the free press provisions of the U.S. Constitution. The case did not set legal precedent did reflect differences between the English authorities and U.S. colonists regarding press freedoms.

Question 57

Undue burden test

Answer 57

.A standard set by the Supreme Court in the Casey case, that narrowed Roe v. Wade and allowed greater regulation of abortions.

Question 58

Warren court

Answer 58

.Period in Supreme Court history in which Earl Warren served as Chief Justice, noted for its many rulings expanding civil liberties and civil rights.

Question 59

Warren E. Burger

Answer 59

.15th Supreme Court Chief Justice who served from 1969 to 1986, and who directed the Court in an increasingly conservative direction.

Question 60

Whole woman's health V. Hellerstedt

Answer 60

.A Supreme Court decision that struck down a Texas state law as presenting an undue burden on abortions. Led to other state laws being invalidated.

Question 61

Writ of habeas corpus

Answer 61

.Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.