Jasmine Elizalde-Chapter 4

Question 1

The Crown v. Zenger (1735)

Answer 1

Legal case in the colony of New York that is considered a precursor for free press Provisions in the Constitution. The case did not set legal proceedings but did reflect a difference between British authorities and colonists with regard.

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 government or individuals.

Question 4

Bill of rights

Answer 4

The first 10 amendments to the US Constitution, which largely guarantees specific rights and liberties.

Question 5

Ninth amendment

Answer 5

Part of the bill of rights that makes it clear that and reading rights in the Constitution and 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 our citizens.

Question 8

Due process clause

Answer 8

Class contained in the fifth and fourth amendment; over the years, it has been constructed to guarantee a variety of rights to individuals.

Question 9

Substantive due process

Answer 9

Judicial interpretation of the fifth and fourteenth amendments due process clause. Protect citizens from arbitrary and 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, it’s loss, or public officials. States addition laws were overturned as a result of the 1925 Gitlow supreme court decision. 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. States sedition laws were overturned as a result of the 1925 Gitlow Supreme Court decision.

Question 11

Gitlow v. New York (1925)

Answer 11

Supreme court case that extended the First Amendment’s protections of freedom of speech and 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 right stated in the Bill of Rights.

Question 13

Selective incorporation

Answer 13

A judicial doctoring whereby most, but not all, protection is found in the Bill of Rights are made applicable to the states via the Fourteenth amendment.

Question 14

Fundamental freedoms

Answer 14

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

Question 15

Warden court

Answer 15

The period in supreme court history during which Earl Warren served as chief justice (1953-1969), noted for his many rulings expanding civil liberties and civil rights.

Question 16

Earl Warren

Answer 16

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.

Question 17

First Amendment

Answer 17

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 18

Establishment clause

Answer 18

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

Question 19

Free exercise clause

Answer 19

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 20

Lemon test

Answer 20

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

Question 21

Prior restraint

Answer 21

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 22

Alien and Sedition Acts

Answer 22

Laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.

Question 23

Abolitionist

Answer 23

a supporter, especially in the early nineteenth century, of an end to the institution of slavery.

Question 24

Abraham Lincoln

Answer 24

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.

Question 25

Espionage Act

Answer 25

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

Question 26

Clear and present danger test

Answer 26

test articulated by the Supreme Court in Schenck v. U.S. to draw the line between protected and unprotected 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 27

New York Times Co. v. U.S.

Answer 27

The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists. Also called the Pentagon Papers case.

Question 28

Symbolic speech

Answer 28

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

Question 29

Hate speech

Answer 29

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

Question 30

Miranda v. Arizona

Answer 30

a landmark Supreme Court ruling holding that the fifth amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.

Question 31

Direct incitement test

Answer 31

test articulated by the supreme court in Brandenburg v. Ohio holding that the First Amendment protects advocacy of illegal action useless imminent lawless action is intended and likely to occur.

Question 32

Miranda rights

Answer 32

statements required of police that inform a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by a court if the suspect cannot afford one.

Question 33

Burger Court

Answer 33

the period in Supreme Court history during which Warren Burger served as Chief Justice.

Question 34

Warren E. Burger

Answer 34

the fifteenth chief justice of the US who served from 1969-1986 and who led the court in an increasingly conservative direction

Question 35

Double jeopardy clause

Answer 35

part of the fifth amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.

Question 36

Exclusionary rule

Answer 36

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

Question 37

Sixth amendment

Answer 37

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 the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses and the right to counsel.

Question 38

Capital cases

Answer 38

court cases in which a conviction may result in the application of the death penalty.

Question 39

Eight amendment

Answer 39

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 40

Right to privacy

Answer 40

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, ninth and fourteenth amendments.

Question 41

Roe v. Wade (1973)

Answer 41

the supreme court found that a woman’s right to an abortion was protected by the right to privacy that could be implied form specific guarantees found in the Bill of RIghts applied to the states thorugh the Fourteenth Amendment.

Question 42

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Answer 42

the supreme court’s decision in this abortion casae replaced the strict scrutiny standard of Roe with the less stringent undue burden standard.

Question 43

Undue burden test

Answer 43

a standard set by the supreme court in the Casey case in 1992 that narrowed Roe v. Wadeand allowed for greater regulation of abortion by the states.

Question 44

Whole Woman’s Health v. Hellerstedt (2016)

Answer 44

supreme court abortion ruling tha struckt down state law provisions in Teas as presenting an undue bureen on women seeking aboritions. This decision invalidated numerous state and local laws that imposed similar limitations on clinics.

Question 45

Hate speech

Answer 45

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

Question 46

Occupy Wall Street

Answer 46

a recent social movement that promotes protest and political activism against income inequality and corporate greed.

Question 47

Black lives matter

Answer 47

a recent social movement focused on direct protest and activism against police brutality, mass incarceration, and related offenses against African Americans.

Question 48

Libel

Answer 48

false written statements that defames a person’s character.

Question 49

Slander

Answer 49

untrue spoken statements that defame the character of a person.

Question 50

New York Times Co. V. Sullivan (1964)

Answer 50

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

Question 51

Fighting words

Answer 51

words that “by their very utterance inflict injury or tend to incite an immediate breach of peace.” Fighting words are not subject to the protections of the first amendment.

Question 52

Miller V. California

Answer 52

Supreme Court cases that creates the “Miller test” to determine when sexually explicit expression was obscene and therefore beyond the protection of the first amendment.

Question 53

Dejonge V. Oregon

Answer 53

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

Question 54

Eighteen amendment

Answer 54

a 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repeated in 1933.

Question 55

Writs of habeas corpus

Answer 55

petition requesting that a judge order authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the governments case does not persuade the judge. Haveas corpus rights imply that prisoners have a right to know that charges are being made against them.

Question 56

Ex post facto law

Answer 56

law that makes an act punishable as a crime even if the action was legal at the time it was committed.

Question 57

Bill of attainder

Answer 57

a law declaring an act illegal without a judicial trial.

Question 58

Due process rights

Answer 58

protections drawn from the fourth amendment and the bill of rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental mental rights.

Question 59

Fourth amendment

Answer 59

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 guarantees.

Question 60

Fifth amendment

Answer 60

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 61

Grand Jury

Answer 61

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