Ch.4 Benny Martinez 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. Lincoln led the nation through the American Civil War, its bloodiest war and its greatest moral, constitutional, and political crisis.
abolitionists
a person who favors the abolition of a practice or institution, especially capital punishment or (formerly) slavery.
alien and sedition act
were passed by the Federalist Congress in 1798 and signed into law by President Adams. These laws included new powers to deport foreigners as well as making it harder for new immigrants to vote
bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a tria
bill of rights
James Madison wrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties
black lives matter
Black Lives Matter is an international activist movement, originating in the African-American community, that campaigns against violence and systemic racism towards black people
burger court
The Burger Court refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States
capital cases
is a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death, if found guilty. A prosecutor must charge special circumstances in order to sentence a defendant to death
civil liberties
the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech
civil rights
the rights of citizens to political and social freedom and equality
clear and present danger test
was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly
Dejonge v. oregon
De Jonge v. Oregon, 299 U.S. 353, was a case in which the Supreme Court of the United States held that the Fourteenth Amendment’s due process clause applies to freedom of assembly
direct incitement test
Brandenbrug vs Ohio, that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur. Term. -symbolic speech
double jeopardy clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb
due process clause
process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law
due process rights
Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it
Earl warren
as an American jurist and politician who served as the 14th Chief Justice of the United States and earlier as the 30th Governor of California
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Eighteenth Amendment
the prohibition of “intoxicating liquors” in the United States
Espionage act
is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime
establishment clause
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial
ex post facto law
ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law
first amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances