genesis lozano chp 4

Question 1

the crown v. zenger

Answer 1

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

Question 2

civil liberties

Answer 2

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

Question 3

civil rights

Answer 3

the government protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals

Question 4

bill of rights

Answer 4

the first ten amendments to the us constitution, which largely guarantee specific rights and liberties

Question 5

ninth amendment

Answer 5

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 6

tenth amendment

Answer 6

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 7

fourteenth amendment

Answer 7

one of three major amendments enacted after the civil war, extending “equal protection of the law” to all citizens

Question 8

due process clause

Answer 8

clause contained in the fifth and fourteenth amendments, over the years, it has been construed to guarantee a variety of rights to individuals

Question 9

substantive due process

Answer 9

judicial interpretation of the fifth and fourteenth amendments due to process clauses. protects citizens from arbitrary or unjust state or federal laws

Question 10

sedition laws

Answer 10

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

Question 11

gitlaw v. new york (1925)

Answer 11

a supreme court case that extended the first amendment’s protections of freedom of speech and of the press to the state governments

Question 12

incorporation doctrine

Answer 12

an interpretation of the constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights stated in the bill of rights

Question 13

Abraham Lincoln

Answer 13

Abraham Lincoln was the 16th President of the U.S. in the time of the Civil War.

Question 14

abolitionists

Answer 14

members of the growing band of reformers who worked to abolish, or end, slavery

Question 15

bill of attainder

Answer 15

act of legislature declaring a person or group of persons guilty of crime and punishing them without privilege of judicial trial

Question 16

burger court

Answer 16

The US supreme court under Chief Justice Warren Burger (1969- 1986). Though not as activist as the Warren court, the burger court maintained most of the rights expanded by its predecessor and issued important rulings on abortion and sexual discrimination

Question 17

clear and present danger test

Answer 17

interpretation by justice Oliver Wendell Holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions; for example, one cannot shout “Fire!” in a crowded theater.

Question 18

dejonge v. Oregon (1937)

Answer 18

The Court established that the right of association (assembly) was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states.

Question 19

direct incitement test

Answer 19

government can punish the advocacy of illegal action only if directly incites or produces “imminent lawlessness”

Question 20

double jeopardy clause

Answer 20

After a person is charged with a crime, and if the crime is committed again they cannot be charged with the same sentence
Unless the two acts of crime were in two separate states

Question 21

due process clause

Answer 21

A clause that provides that no person shall be deprived of “Life, liberty, or property” without due process of the law

Question 22

earl warren

Answer 22

Chief Justice during the 1950’s and 1960’s who used a loose interpretation to expand rights for both African-Americans and those accused of crimes.
- believed that the Supreme Court should be the center for the civil rights change

Question 23

eighth amendment

Answer 23

protection from excessive bail and cruel and unusual punishment

Question 24

eighteenth amendment

Answer 24

This banned the sale, manufacture and transportation of alcohol

Question 25

espionage act

Answer 25

• Under the Espionage Act, people could be punished for obstructing military recruitment, or for causing disloyalty or insubordination within the armed forces, or for conspiring to obstruct recruitment or cause insubordination.
• Also allowed the poster master general to exclude seditious material from the axial.

Question 26

establishment clause

Answer 26

the First Amendment guarantee that the government will not create and support an official state church

Question 27

exclusionary rule

Answer 27

A judicial rule that makes evidence obtained in violation of the US Constitution, state, or federal laws, or court rules inadmissible

Question 28

ex post facto law

Answer 28

A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.

Question 29

first amendment

Answer 29

Freedom of religion, speech, press, assembly, and petition.

Question 30

fourth amendment

Answer 30

The Fourth Amendment protects citizens against “unreasonable searches and seizures.” It gives Americans the right to be secure in their homes and property. No police officer or other government agent can search your home or take your property without probable cause, or a valid reason.

Question 31

fifth amendment

Answer 31

Provides that no person shall be compelled to serve as a witness against himself, or be subject to trial for the same offense twice, or be deprived of life, liberty, or property w/o due process of law

Question 32

fighting words

Answer 32

Words that are generally expressed to incite hatred or violence from their target. A more specific definition will follow in the rule.

Question 33

free exercise clause

Answer 33

Congress may not stop you from holding any religious beliefs you choose or having no religious beliefs at all. Government may not unfairly or unreasonably limit your right to practice any religios beliefs you wish

Question 34

grand jury

Answer 34

The 5th Amendment requires an indictment or presentment from a grand jury.

Question 35

hate speech

Answer 35

making cruel, hostile, or negative statements about someone based on their race, religion, national origin, disability, age, gender, or sexual orientation

Question 36

lemon test

Answer 36

determines whether a government law or action meets the requirements of the establishment clause

Question 37

libel

Answer 37

defamation that’s released to the public in print, photos, broadcast, internet, or exposure to a third party (like a text) that any living individual can sue for

Question 38

Miranda rights

Answer 38

The Miranda warning, which can also be referred as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings

Question 39

miranda v. arizona (1966)

Answer 39

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police (Warren)

Question 40

miller v. California (1973)

Answer 40

Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value.

Question 41

New York times co. v Sullivan (1964)

Answer 41

Held that statements about public figures are libelous only if made with malice and reckless disregard for the truth.

Question 42

New York times co. v. u.s. (1971)

Answer 42

NYT published some of the Defense Department documents/ Pentagon Papers which revealed some of the decision making during the Vietnam War. President Nixon urges to stop further publication of the documents because it would danger the national security.

Question 43

occupy wall street

Answer 43

the name of the original protest that launched the populist anti- Wall Street movement in the late 2010 and early 2011 that protested inequality and corporate political power

Question 44

planned parenthood of southern Pennsylvania v. Casey (1992)

Answer 44

States can regulate abortion, but not with regulations that impose “undue burden” upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors) (Ranquest)

Question 45

prior restraint

Answer 45

Censorship which occurs in advance of publication.
Meant submitting all proposed publications to government censors who exercised considerable discretion regarding the content to be approved for publication.

Question 46

right to privacy

Answer 46

the right to a private personal life free from the intrusion of government

Question 47

roe v. wade (1973)

Answer 47

Landmark Supreme Court case concerning a woman’s right to have an abortion. The case originated when the woman under the alias of “Jane Roe” petitioned the U.S. District court for Nothern Texas to have an abortion. The case was appealed and eventually reached the Supreme Court. After debate, the court ruled that under the 14th ammendment, women have a right to privacy concerning their bodies, and thus abortion is a legal activity. The decision faced heavy disent from two of the seven judges, who believed that it was the states responsibility to protect the potential of live conceived through a fetus.

Question 48

selective incorporation

Answer 48

is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.

Question 49

September 11th

Answer 49

On September 11, 2001, a group of Islamic terrorists, widely believed to be part of the Al Qaeda network, hijacked three commercial airliners in midair, took over the controls, and deliberately crashed them into the twin towers of the World Trade Center and the Pentagon.

Question 50

sixth amendment

Answer 50

Right to a speedy and public trial, jury in state and district where crime was committed, informed of nature of accusations, confronted with witness against him, lawyer, and jury selection to pick advantageous jurers

Question 51

slander

Answer 51

type of assault, imprecise and difficult to imply/pardon

Question 52

symbolic speech

Answer 52

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Question 53

undue burden test

Answer 53

An undue burden exists on woman’s right to terminate her pregnancy if a regulations purpose or effect is to place a substantial obstancle in the path of a woman seeking an abortion before the fetus attains viability.

Question 54

warren court

Answer 54

Earl Warren as Chief Justice; had an impact on the nation comparable to that of John Marshall. Warren Court made a series of decisions that had a profound effect on the criminal justice system, the political system of the states, and the definition of individual rights.

Question 55

warren e. burger

Answer 55

Chief Justice of the Supreme Court from 1969 to 1986, he was responsisble for bringing the Court somewhat back to the right after the Earl Warren years. He presided over major cases involving abortion, affirmative action, the death penalty, and school desegregation

Question 56

whole woman’s health v. hellerstedt

Answer 56

Women have the right to privacy and therefore abortion, but the government may place restrictions on this. These restrictions must not place an undue burden on women or a substantial obstacle in obtaining abortion. Texas passed a law restricting abortion facilities in who they may accept and requiring them to meet the standards of surgical centers, effectively closing many Texas abortion clinics.

Question 57

writ of habeas corpus

Answer 57

Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows 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.