Flashcards in AP Gov. Ch.4 Viridian Leal Deck (61):
The Crown v. Zenger (1735)
Legal case in the state of New York that is considered a precursor for free press provisions in the Constitution. The case did not set legal precedent, but did reflect a difference between British authorities and colonists with regards to press freedom.
the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation.
the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
Bill of Rights
the first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
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 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.
one of the three major amendments enacted after the Civil War, extending "equal protection of the law" to all citizens
due process clause
Clause contained in the 5th and 14th Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.
substantive due process
Judicial interpretation of the 5th and 14th Amendments' due process clauses. Protects citizens from arbitrary or unjust state or federal laws.
Laws that make it legal 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.
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.
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.
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.
Those defined by the court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.
The 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 14th Chief Justice of the US who served from 1953 to 1969 and led the court through an important liberal phase; previously a Republican governor and vice presidential nominee.
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.
the first clause of the 1st Amendment; it directs the national government not to sanction an official religion.
free exercise clause
The second clause of the 1st Amendment ; it prohibits the US government from interfering with a citizen's right to practice his or her religion.
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st Amendment
Alien and sedition Acts
Laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government.
a supporter, especially in the early 19th century, of an end to the institution of slavery
16th President of the US, first elected republican president who served from 1861-1865. Lincoln who led the Civil War was assassinated in 1865 by John Wilkes Booth.
A 1917 law that prohibited urging resistance to the draft of distributing anti-war leaflets; by the Supreme Court in Schenck v. US
clear and present danger test
Test articulated by the Supreme Court in Schenck v. US 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 evil" that Congress seeks "to prevent"
direct incitement test
test articulated by the Supreme Court in Bradenburg v. Ohio (1969) holding that the 1st Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.
New York Times Co. v. US
The case in which the Supreme Court ruled that the US government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists.
symbols, signs, and other methods of expression generally considered to be protected by the 1st Amendment.
communication that belittles a person or a group on the basis of race, gender, ethnicity, or other characteristics.
Occupy Wall Street
a recent social movement that promotes protests and political and political activism against income inequality and corporate greed.
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.
false written statement that defames a person's character
untrue spoken statements that defame the character of a person
New York Times Co v. Sullivan (1964)
Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure
words that "by their very utterance inflict injury or tend to incite an immediate breech of peace." Fighting words are not subject to the protections of the 1st Amendment
Miller v. California (1973)
case that created the Miller Test to determine when sexually explicit expression was obscene and therefore beyond the protection of the 1st Amendment.
DeJonge v. Oregon (1937)
case that applied the 1st Amendment's protections of freedom of assembly to the states.
the 1913 amendment that created the nationwide prohibition on alcoholic beverages; it was repealed in 1933
writs of habeas corpus
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 charges are being made against them.
ex post facto law
law that makes an act punishable as a crime even if action was legal at the time it was committed
bill of attainder
a law declaring an act illegal without a judicial trial
due process rights
protection drawn from the 4th Amendment of the Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.
Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and affects without warrant from a judge among other guarantees.
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 nationals government from denying a person life, liberty, or property without due process of law.
a group of citizens charged with determining whether enough evidence exists for a case to go to trial; Guaranteed by the 5th
Miranda v. Arizona (1966)
Supreme Court ruling holding the 5th Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.
Statements required of police that inform 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.
The period in supreme court history during which Warren Burger served as Chief Justice (1969-1986)
Warren E. Burger
The 15th Chief Justice who served from 1969 to 1986 and who led the court to an increasingly conservative direction
double jeopardy clause
part of the 5th amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.
judicially created rule that prohibits police from using illegally seized evidence at trial
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 changes, the right to confront and obtain favorable witnesses, and the right to counsel
court cases in which a conviction may result in the application of death penalty.
Part of the Bill of rights that states "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"
right to privacy
the right to be left alone
Roe v. Wade (1973)
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 or Rights applied to the states through the 14th Amendment
Planned Parenthood of Southern Pennsylvania V. Casey (1992)
The Supreme Courts decision in this abortion case replaced the strict scrutiny standard or Roe v. Wade with the less stringent undue burden standard
undue burden test
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.
Whole Woman's Health v. Hellerstedt (2016)
Supreme Court abortion ruling that struck down state law provisions in Texas as presenting an undue burden on women seeking abortions.