Chapter4.ApGov.Juanita Espinoza Flashcards
Abraham Lincoln
Sixteenth president of the United STates, the first elected republican president, who served from 1861-1865, Lincoln who led the union during the civil war, was assassinated in 1865 by a confederate sympathizer John Wilkes Booth
Abolitionists
A supporter, especially in the early nineteenth century, or an end to the institution of slavery
Alien and Sedition Act
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 declairing an act illegal without a judicial trial
Bill of Rights
The first ten amendments to the US constitution which largely guarantees 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 African 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 Libreties
The personal guarantees and freedoms that the government cannot abridge by law, constitution or judicial interpretation
Civil Rights
The government protected rights of individuals against arbitrary or discriminatory treatment by governents or individuals
Clear and present danger tests
Test articulated by the supreme court in schenck v us to draw the line 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 sees to prevents
Dejonge v Orgon (1937)i
supreme case that applied the first amendments protections of freedom of assembly to the states
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
Double Jeopardy Clause
part of the fifth 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 contructed to guarantee a variety of rights to individuals
Due process rights
protections drawn from the fourth amendment and the bikll of right. due process may be procedural, ensuring fair treatment or substantive protecting fundamental rights
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 republican governor and vice presidential nominee
Eighth Amendment
1913 amendment that created the nationwide prohibition on alchoholic bevrages; it was repealed in 1933
Espionage Act
1971 law that prohibited urging resistance to h draft or disturbing anti-war leaflets; by the supreme court in schenck v us
Eighteenth Amendment
a 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933.
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 that.
Ex Post Facto Law
law thta makes an act punishable as crime even if the action was legal at the time it was commited
First Amendment
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
part of the bill of rights that protects people from unreasonable searches and seizures of their persons houses, papers, and effects without a warrant from a judge among other guarentees
Fourteenth Amendment
One of three major amendments enacted after the civil war, extending equal protection of the law to all citizens
Fifth Amendment
number of restrictions on the federal government with respect to the rights or persons suspected committing a crime. it provides for indiciment by a grand jury and protection of self incrimination and prevents the national government from denying a persons life, liberty, or property without the due process law. it also prevents the national government from taking property without jusdification
Fighting Words
words that by their very utterance inflict injury or tend to incite an immediate breach of peace. fighting word are not subject to the protections of the first amendment
Free Exercise Clause
The second clause of the first amendment; it prohibits the US government from inheriting with a citizens right to practice his or her religion
Fundamental Freedoms
Those 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 supreme court case that extended the first amendment’s protections of freedom of speech and of the press to the state governments
Grand Jury
group of citizens charged with determining wheter enough evidence exists for a case to go to trial. guarenteed by the 5th amendment
Hate Speech
Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics
Incorporation Doctrine
An interpretation of the constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights in the Bill of Rights
Lemon Test
Three part test created by the supreme court for examining the constitutionality of religious establishment
Libel
False written statement that defames a person’s character
Miranda RIghts
statements rewuired of polic that inform a suspect of his or her consititutional right protected by the fifth amendment, including the right to an attorney provided by a court if the suspect cannot afford one
Miranda v Arizona
a landmark supreme court ruling holding the 5th amendment requires individuals arrested for a crime to be avised of their right to remain silent and to have a counsel present
Miller v California
supreme court case that created the miller test to determine when sexually explicite expression was obscene and therefore beyond the protection of the first amendment
New YorkTimes 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
New York Times Co v US
The case in which the supreme court ruled that the us government could not bloc the publication of secret department of defense documents illegally furnished to the times by anti war activists aka pentagon papers case
Ninth Amendment
Part of the bill of rights that makes it clear that enumerating rights in the constitutions or bill of rights does not mean that others do not exist
Occupy Wall Street
A recent movement that promotes protests and political activism against income inequality and corporate greed
Planned Parenthood of Southeastern Pennsylvania v Casey (1992)
sc decision in abortion replaced by the strict scrutiney standard of roe v wade with less syrungent undue burden standard
Prior Restraint
Constitutional doctrine that prevents the government from prohibiting the speech or publication before the fact; generally held to be in violation of the first amendment
Right to Privacy
the right to be left alone; ajudicially created primnciple encompassinfg a variety of individual actions protected by the penumbras cast by several constitutional amendments, including 1,3,4,9,14 amendments
Roe v Wade (1973)
womans right to an abortion was protected by the right to privacy that could be found n the ill of rights 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 Fourteenth amendment
September 11th
terrorist plot carried out on september 11 2001 that hijacked civilia aircraft to attack the world trade center in new york and the pentagon
Sixth Amendment
basic requirements of procedural due process for federal courts to follow in criminal trials. these include speedy trials and publci trials, impartial justive, trials in the state where the crime was commited, notice of charges, the right to confront and obtain favorable witness and the right to be counsiled
Slander
untrue spoken statements that defames the character of a person
Substantive due process
Judicial interpretation of the Fifth and fourteenth amendments due process clauses. Protect citizens from arbitrary or unjust state or federal laws
Symbolic Speech
Symbols, signs, and other methods of expression generally considered to be protected by the first 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 (1735)
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
Undue burden test
a standard set by the supreme court in caset case 1992 that narres roe v wade and allowed a greater regulation of abortion by the states
Warren Court
the period in supreme court history in which warren served as chief justice
noted for many rulings expanding civil liberties and rights
Warren E Burger
the fifteenth chief justice of the us served in 1969 to 1986 and led the court in a conservative diection
Whole woman’s health v Hellerstedt (2016)
abortion ruling that struck down state law provisions in texas as presenting an undue burden on women seeking abortions. decision invalidated numerous state and local laws that imposed similar limitations on clinics
Writ of habeas corpus
petition requesting that a judge order authorities to prove that a prisioner is being held awfully and that allows the prisoner to be freed if the governments case does not pursuade the judge. habeas corpus ights imply that prisioners have a right to know what charges are being made against them
