APGOVCh.4.Hannah.Esparza

Question 1

The Crown v. Zinger (1735)

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

The Crown v. Zinger decision set an important standard for civil liberties that found its way into colonial and state constitutions.

Question 2

civil liberties

Answer 2

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

Civil liberties place limitations on the power of the government to restrain or dictate an individual’s actions.

Question 3

civil rights

Answer 3

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

Civil rights often present complex problems.

Question 4

bill of rights

Answer 4

the first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties

The Bill of Rights contains numerous specific guarantees against encroachment by the national government

Question 5

9th 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

The 9th Amendment played a critical role when the Supreme Court began to address the constitutionality of state laws prohibiting contraceptives.

Question 6

10th 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

The 10th Amendment reiterates that powers not delegated to the national government are reserved to the states or to the people

Question 7

14th Amendment

Answer 7

1 of the 3 major amendments enacted after the civil war, extending “evaluation protection of the law” to all citizens

The 14th Amendment was added to the Constitution in 1868.

Question 8

due process clause

Answer 8

clause contained in the 5th and 14th amendments; over the years, it has been construed to guarantee a variety of rights to individuals

The due process clause is part of the 14th amendment.

Question 9

substantive due process

Answer 9

judicial interpretation of the 5th and 14th amendments’ due process clauses. protects citizens from arbitrary or unjust state or federal laws

The substantive due process required states to prove that their laws constituted a valid exercise of their power to regulate the health, welfare, or public morals of citizens.

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 decision

Sedition laws made it illegal to speak or write any political criticism that threatened to diminish respect of the government.

Question 11

Gitlow v. New York (1925)

Answer 11

a Supreme Court case that extended the 1st Amendment’s protections of freedom of speech and of the press to the state governments

In Gilton v. New York the justices noted that states were not completely free to limit forms of political expression.

Question 12

incorporation doctrine

Answer 12

an interpretation of the constitution holding that the due process clause of the 14th amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

Gitlow v. New York was the 1st decision to clearly articulate the incorporation doctrine.

Question 13

selective incorporation

Answer 13

a judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the 14th amendment

The court has used the process of selective incorporation to limit the rights of states.

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

Fundamental freedoms are subject to the Court’s most rigorous standard of review.

Question 15

warren court

Answer 15

the period in Supreme Court history during which Earl Warren served as chief justice (1953-1969), noted for its many rulings expanding civil liberties and civil rights

The warren court was considered to be liberal.

Question 16

earl warren

Answer 16

the 14th chief justice of the u.s. and led the court through an important liberal phase; previously a republican governor and vice president nominee

Earl Warren was responsible for 10 decisions in multiple major cases.

Question 17

1st amendment

Answer 17

part of the bill or 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

The 1st amendment sets the boundaries of governmental action.

Question 18

establishment clause

Answer 18

the 1st clause of the 1st amendment; it directs the national government not to sanction an official religion

The establishment clause directs the national government not to sanction an official religion.

Question 19

free exercise clause

Answer 19

the 2nd clause of the 1st amendment; it prohibits the u.s. government from interfering with a citizen’s right to practice his or her religion

The free exercise clause guarantees citizens that the national government will not interfere with practice of the religion.

Question 20

lemon test

Answer 20

3 part test created by the supreme court for examining the constitutionality of religious establishment issues

According to the lemon test a practice or policy is constitutional under the establishment clause if it has a legitimate secular purpose, neither advances nor inhibits religion and does not foster an excessive government entanglement with religion.

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 a violation of the 1st amendment

The 1st amendment was considered to protect against prior restraint.

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

The Federalist Congress enacted the alien and sedition acts.

Question 23

abolitionist

Answer 23

a supporter, especially in the early 19th century, of an end to the institution of slavery

In the 1930s abolitionists sought to end slavery.

Question 24

abraham lincoln

Answer 24

16th president of the u.s., the 1st elected republican president, who served from 1861-1865. lincoln, who led during the civil war, was assassinated in 1865 by a confederate sympathizer, john wilkes booth

During the civil war abraham lincoln took several steps that violated the 1st amendment.

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.

Woodrow Wilson passed the espionage act in 1917.

Question 26

clear and present danger test

Answer 26

test articulated by the supreme court in schenck v u.s.(1919) to draw the line between 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 seeks “to prevent”

Under the clear and present danger test the circumstances surrounding an incident are important.

Question 27

direct incitement test

Answer 27

test articulated by the supreme court in brandenburg v. ohio (1969) holding that the 1st amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur

The direct incitement test was fashioned by the court to decide whether the government could regulate certain kinds of speech.

Question 28

new york times co. v. u.s. (1971)

Answer 28

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

New york times co. v. us was the 1st major libel case considered by the supreme court.

Question 29

symbolic speech

Answer 29

symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment

Symbolic speech is part of the “free trade in ideas”.

Question 30

hate speech

Answer 30

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

In the 1990s a particularly thorny 1st amendment issue emerged as cities and universities attempted to prohibit what they viewed as hate speech.

Question 31

occupy wall street

Answer 31

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

Occupy wall street movement has a lot of young people involved.

Question 32

black lives matter (blm)

Answer 32

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

The black lives matter movement is a relatively new movement.

Question 33

libel

Answer 33

false written statement that defames a person’s character

In Great Britain, suing for libel is relatively easy.

Question 34

slander

Answer 34

untrue spoken statements that defame the character of a person

It is considered to be slander if the statement is spoken.

Question 35

new york times co. v. sullivan (1964)

Answer 35

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. sullivan was the 1st major libel case considered by the supreme court.

Question 36

fighting words

Answer 36

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 1st amendment

In 1942 the court stated that fighting words are not subject to the protections of the 1st amendment.

Question 37

miller v. california (1973)

Answer 37

supreme court case that created the “miller test” to determine when sexually-explicit expression was obscene and therefore beyond the protection of the 1st amendment

In miller v. california the supreme court set out a test that continues to form the modern basis for defining obscenity

Question 38

dejonge v. oregon (1937)

Answer 38

supreme course case that applied the 1st amendment’s protections of freedom of assembly to the states

Dejonge v. oregon incorporated the 1st amendment’s freedom of assembly clause.

Question 39

18th amendment

Answer 39

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

The 18th amendment prohibited the sale of alcohol.

Question 40

writs of habeas corpus

Answer 40

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 government’s case does not persuade the judge. habeas corpus rights imply that prisoners have a right to know what changes are being made against them

Among the article 1 section 9 of the constitution the writs of habeas corpus.

Question 41

ex post facto law

Answer 41

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

Article 1 of the constitution prohibits the ex post facto law.

Question 42

bill of attainder

Answer 42

a law declaring an act illegal without a judicial trial

Article 1 prohibits of the bill of attainder.

Question 43

due process rights

Answer 43

protections drawn from the 4th amendment and the bill of rights. due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights

The 4th, 5th, 6th, 7th and 8th amendments supplement the due process rights.

Question 44

4th amendment

Answer 44

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

The purpose of the 4th amendment was to deny national authorities the right to conduct general searches of private property.

Question 45

5th amendment

Answer 45

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

The 5th amendment provides a variety of guarantees protecting those charged with a crime

Question 46

grand jury

Answer 46

a group of citizens charged with determining whether enough evidence exists for a case to go to trial. guaranteed by the 5th amendment

the grand jury is a group of citizens who are charged with determining whether enough evidence exists.

Question 47

miranda v. arizona (1966)

Answer 47

a landmark supreme court ruling holding that 5th amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present

Miranda v. arizona was the supreme court’s 1st response to coercive efforts used to obtain confessions.

Question 48

miranda rights

Answer 48

statements required of police that inform a suspect of his or her constitutional rights protected by the 5th amendment, including the right to an attorney provided by a court if the suspect cannot afford one

Police routinely began to read suspects what are now called their miranda rights.

Question 49

burger court

Answer 49

the period in supreme court history during which warren burger served as chief justice (1969-1986)

The burger court did not enforce the reading of miranda rights.

Question 50

warren e. burger

Answer 50

the 15th chief justice of the u.s. who served from 1969-1986 and who led the court in an increasingly conservative direction

Warren’s successor acknowledged that they had become an integral part of established police procedures.

Question 51

double jeopardy clause

Answer 51

part of the 15th amendment that protects individuals from being tied twice for the same offense in the same jurisdiction

the double jeopardy clause protects individuals from being tried twice for the same crime in the same jurisdiction

Question 52

exclusionary rule

Answer 52

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

In Weeks v. u.s. the supreme court adopted the exclusionary rule.

Question 53

6th amendment

Answer 53

part of the bill of rights that sets out the basic requirements of procedural due processes 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

the 6th amendment guarantees to an accused person.

Question 54

capital cases

Answer 54

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

capital cases eventually in all federal criminal cases.

Question 55

8th amendment

Answer 55

part of the bill of rights that states “Excessive bail shall not be required”

the 8th amendment was a concept rooted in the english common law tradition

Question 56

right to privacy

Answer 56

the right to be left alone; a judicially created principle encompassing a variety of individual actions protected

the bill of rights was silent about the right to privacy.

Question 57

roe v. wade (1973)

Answer 57

the supreme court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the bill of rights applied to the states through the 14th amendment

Blackmun wrote the majority decision for roe v. wade

Question 58

planned parenthood of southeastern pennsylvania v. casey (1992)

Answer 58

the supreme court’s decision in the abortion case replaced the strict scrutiny standard of roe with the less stringent undue burden standard

In planed parenthood southeastern pennsylvania v. casey the court wrote that pennsylvania could limit abortions

Question 59

undue burden test

Answer 59

a standard set by the supreme court in the casey case in 1992 that narrowed roe v. wade and allowed for greater regulation of abortion by states

Casey lowered the standard of review from strict scrutiny to a far lower undue burden test.

Question 60

whole woman’s health v. hellerstedt (2016)

Answer 60

supreme court abortion ruling that struck down state law provisions in texas as presenting an uncle burden on women seeking abortions

the ruling of whole woman’s health v. herrlerstedt calls into question similar laws in 26 states.

Question 61

september 11th

Answer 61

a terrorist plot carried out on september 11, 2001 that used hijacked civilian aircraft to attack the world trade center in new york and the pentagon near washington dc

After the terrorist attacks on september 11th some critics charged that the u.s. government began to operate in “an alternate reality”