Chapter 4 Vincent A. Flashcards
Alien and Sedition Acts
Allowed the imprisonment and deportation of aliens considered dangerous
Abraham Lincoln
Sixteenth president, first Republican President, and led the Union during the Civil War
Abolitionists
A supporter of an end to the institution of slavery
Bill of Attainder
A law declaring an act illegal without a judicial trial
Bill of Rights
The first ten amendments to the US Constitution, which guarantees specific rights and liberties
Black Lives Matter (BLM)
Direct protest and political activism against police brutality, mass incarceration, and related offences against African Americans
Burger Court
Period in which Warren Burger served as Chief Justice
Capital Cases
A conviction where the application of the death penalty may apply
Civil Liberties
Personal guarantees and freedoms that the government cannot abridge
Civil Rights
Government-protected rights of individuals from the government or individuals
Clear and Present Danger Test
Test articulated to draw the line between protected and unprotected speech
Dejonge v. Oregon (1937)
Applied First Amendment protections of freedom of assembly to the states
Direct Incitement Test
The First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
Double Jeopardy Clause
Individuals are protected from being tried twice for the same offense in the same jurisdiction
Due Process Clause
Clause contained in the Fifth and Fourteenth Amendment, guarantees a variety of rights to individuals
Due Process Rights
Procedural, ensuring fair treatment, or substantive, protecting fundamental rights
Earl Warren
Led the Court through an important liberal phase
Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Eighteenth Amendment
A nationwide prohibition on alcoholic beverages
Espionage Act
Prohibited urging resistance to the draft or disturbing anti-war leaflets
Establishment Clause
Directs the national government not to sanction an official religion
Exclusionary Rule
Police are prohibited from using illegally seized evidence in the same jurisdiction
Ex post facto law
Makes an act punishable as a crime if it was legal before it was committed
First Amendment
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
Fourteenth Amendment
Extension of the “equal protection of the law” to all citizens
Fifth Amendment
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
Fighting Words
Words that inflict injury or tend to incite an immediate breach of speech
Free exercise clause
Prohibits the US government from interfering with a citizen’s right to practice his or her religion
Fundamental Freedoms
Rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
Gitlow v. New York (1925)
A case that extended the First Amendment protections to State Governments
Grand Jury
Group of citizens that determine whether enough evidence exists for a case to go to trial
Hate speech
Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics
Incorporation doctrine
The due process clause must require 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
Police are required to read a suspect his or her rights
Miranda v. Arizona (1966)
Individuals arrested for a crime must be advised of their rights to remain silent and have counsel present
Miller v. California (1973)
Used to determine when sexually explicit interpretation was obscene and unprotected by the First Amendment
New York Times Co. v. Sullivan (1964)
“Actual malice” must be proven to support a finding of libel against a public figure
New York Times Co v. US (1971)
The US government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists
Ninth Amendment
Enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist
Occupy Wall Street
Promotes protests and political activism against income inequality and corporate greed
Planned Parenthood of Southeastern Pennsylvania v. Caset (1992)
This abortion case replaced the strict scrutiny standard of Roe with the less stringent undue burden standard
Prior Restraint
Doctrine prevents the government from prohibiting speech or publication before the fact
Right to Privacy
The right to be left alone
Roe v. Wade (1973)
A woman’s right to abortion was protected by the right to privacy
Sedition Laws
Made it illegal to speak or write any political criticism that threaten to diminish respect for the government, it’s laws, or public officials
Selective Incorporation
Most protections in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
September 11th
A terrorist plot that involved hijacked planes crashing into the World Trade Center and the Pentagon
Sixth Amendment
Sets out the basic requirements for procedural due process for federal courts to follow in crime trials
Slander
Untrue spoken statements that defame the character of a person
Substantive due process
Protects citizens from arbitrary or unjust state or federal laws
Symbolic speech
Symbols, signs, and other methods of expression protected by the First Amendment
Tenth Amendment
The powers not delegated to the national government are reserved to the states or to the people
The Crown v. Zenger (1735)
A precursor to free press provisions in the Constitution
Undue Burden Test
Allowed for greater regulation of abortion by the states
Warren Court
Court where Earl Warren served as Chief Justice, noted for many rulings expanding civil liberties and civil rights
Warren E. Burger
Chief Justice that led the Court in an increasingly conservative direction
Whole Woman’s Health v. Hellerstedt (2016)
Struck down state law provisions in Texas as presenting an undue burden on women seeking abortions
Writ of habeas corpus
Prisoners have a right to know what charges are being made against them
