APGovCh.4.JustinHall Flashcards

1
Q

Abraham Lincoln

A

president from 1861 to 1865) took substantial control of the federal government in order to conduct the Civil War effectively. Lincoln suspended the writ of habeas corpus and other civil liberties

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2
Q

Abolitionists

A

is support for a complete, immediate, and uncompensated end to slavery. In the North before the Civil War, there were only a few abolitionists and these were generally considered radicals. However, they were prominent and vocal, and as sectional tension mounted, they became more prominent and influential

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3
Q

Alien and Sedition Acts

A

n 1798, the Federalist-controlled Congress passed a series of laws which, on the surface, were designed to control the activities of foreigners in the United States during a time of impending war

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4
Q

bill of attainder

A

a legislative act finding a person guilty of treason or felony without a trial, A law that declares a person, without trial, to be guilty of a crime. The state legislatures and Congress are forbidden to pass such acts, Article 1, Sections 9 and 10, of the Constitution

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5
Q

Bill of Rights

A

the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship

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6
Q

Black Lives Matter

A

an international activist movement, originating in the African American community, that campaigns against violence toward black people. BLM regularly organizes protests around the deaths of black people in killings by law enforcement offers, and broader issues of racial profiling, police brutality, and racial inequality in the United States criminal justice system

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7
Q

Burger Court

A

refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States

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8
Q

Capital Cases

A

is a prosecution case for murder in which a jury is asked to decide whether a defendant should be put to death

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9
Q

Civil Liberties

A

Constitutional freedoms guaranteed to all citizens

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10
Q

Civil Rights

A

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

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11
Q

Clear and Present danger

A

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts

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12
Q

Dejonge v Oregon (1937)

A

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

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13
Q

Direct Incitement Test

A

The First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur

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14
Q

Double Jeopardy Clause

A

Individuals are protected from being tried twice for the same offense in the same jurisdiction

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15
Q

Due Process Clause

A

Clause contained in the Fifth and Fourteenth Amendment, guarantees a variety of rights to individuals

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16
Q

Due Process Rights

A

Procedural, ensuring fair treatment, or substantive, protecting fundamental rights

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17
Q

Earl Warren

A

Led the Court through an important liberal phase

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18
Q

Eighth Amendment

A

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

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19
Q

Eighteenth Amendment

A

A nationwide prohibition on alcoholic beverages

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20
Q

Espionage act

A

Prohibited urging resistance to the draft or disturbing anti-war leaflets

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21
Q

Establishment clause

A

Directs the national government not to sanction an official religion

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22
Q

exclusionary rule

A

Police are prohibited from using illegally seized evidence in the same jurisdiction

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23
Q

ex post facto law

A

Makes an act punishable as a crime if it was legal before it was committed

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24
Q

First amendment

A

Restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

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25
Fourth amendment
Protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees
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Fourteenth Amendment
Extension of the “equal protection of the law” to all citizens
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Fifth Amendment
Provides indictment by a grand jury and protection against self incrimination, and prevents the national government from denying a person life, liberty, or property. Prevents the national government from taking property without just compensation
28
fighting words
Words that inflict injury or tend to incite an immediate breach of speech
29
free excercise clause
Prohibits the US government from interfering with a citizen’s right to practice his or her religion
30
fundamental freedoms
Rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
31
Gitlow v. New York (1925)
A case that extended the First Amendment protections to State Governments
32
grand jury
Group of citizens that determine whether enough evidence exists for a case to go to trial
33
hate speech
Communication that belittles a person or group on the basis of race, gender, ethnicity, or other characteristics
34
incorporation doctrine
The due process clause must require state and local governments to guarantee the rights stated in the Bill of Rights
35
Lemon Test
Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues
36
libel
False Written statement that defames a person’s character
37
Miranda rights
Police are required to read a suspect his or her rights
38
Miranda v. Arizona (1966)
Individuals arrested for a crime must be advised of their rights to remain silent and have counsel present
39
Miller v. California (1973)
Used to determine when sexually explicit interpretation was obscene and unprotected by the First Amendment
40
New York Times Co. v. Sullivan (1964)
“Actual malice” must be proven to support a finding of libel against a public figure
41
New York Times Co. v. U.S. (1971)
The US government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists
42
Ninth Amendment
Enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist
43
Occupy Wall Street
Promotes protests and political activism against income inequality and corporate greed
44
Planned Parenthood of Southeastern Pennysylvania v. Casey (1992)
This abortion case replaced the strict scrutiny standard of Roe with the less stringent undue burden standard
45
prior restraint
Doctrine prevents the government from prohibiting speech or publication before the fact
46
right to privacy
The right to be left alone
47
Roe v. Wade (1973)
A woman’s right to abortion was protected by the right to privacy
48
sedition laws
Made it illegal to speak or write any political criticism that threaten to diminish respect for the government, it’s laws, or public officials
49
selective incorporation
Most protections in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
50
September 11th
A terrorist plot that involved hijacked planes crashing into the World Trade Center and the Pentagon
51
Sixth Amendment
Sets out the basic requirements for procedural due process for federal courts to follow in crime trials
52
slander
Untrue spoken statements that defame the character of a person
53
substantive due process
Protects citizens from arbitrary or unjust state or federal laws
54
symbolic speech
Symbols, signs, and other methods of expression protected by the First Amendment
55
Tenth Amendment
The powers not delegated to the national government are reserved to the states or to the people
56
The Crown v. Zenger (1735)
A precursor to free press provisions in the Constitution
57
undue burden test
Allowed for greater regulation of abortion by the states
58
Warren Court
Court where Earl Warren served as Chief Justice, noted for many rulings expanding civil liberties and civil rights
59
Warren E. Burger
Chief Justice that led the Court in an increasingly conservative direction
60
Whole Woman's Heath v. Hellerstedt (2016)
Struck down state law provisions in Texas as presenting an undue burden on women seeking abortions
61
writ of habeas corpus
Prisoners have a right to know what charges are being made against them