Vocab Quiz 2 (pgs. 5 - 10) Flashcards
Rule that resulted from the Mapp v Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant. Other evidence found at the scene of the crime is not admissible, or is excluded, in the trial.
Exclusionary Rule
established in Chaplinsky v New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be
proved that the result of speech will cause physical violence.
Fighting words doctrine
landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time.
Gitlow v New York (1925)
doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions. Even though the Fourteenth Amendment was ratified in 1868, incorporation started to take place in the 1920s. It reached a peak during the Warren Court in the late 1950s and 1960s.
Incorporation of the Fourteenth Amendment
a formal list of charges made by a grand jury and guaranteed in the Fifth Amendment.
Indictment
the extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national
government as well as state governments.
Judicial federalism
a legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive. The doctrine was declared constitutional in the case of Cruzan v Missouri Department of Health (1990).
Living will
those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, that anything said could be used in court, that they have the right to consult with a lawyer at anytime during the process, that a lawyer will be provided if the
accused cannot afford one, that the accused understand these rights, and that the accused has the
right to answer any questions at any time and request a lawyer at any point.
Miranda rights
a series of steps that are established by the Fifth, Sixth, and Seventh Amendments that protect the rights of the accused at every step of the investigation.
Procedural due process
Also known as the “establishment clause,” it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state supported religion.
Separation of church and state
legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws.
Substantive due process
forms of free speech guaranteed under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons.
Symbolic speech
programs for minorities supported by government as a means of providing equality under the law.
Affirmative Action
act that required employers, schools, and public
buildings to reasonably accommodate the physical needs of handicapped individuals by providing such things as ramps and elevators with appropriate facilities.
Americans with Disabilities Act (1991)
a friend of the court opinion offered by Louis Brandeis, in the Supreme Court case Muller v Oregon (1908), which spoke about inherent differences between men and women in the workplace.
Brandeis Brief
the application of equal protection under the law to individuals
Civil rights
segregation of schools and other public facilities through circumstance with no law supporting it.
De facto segregation
segregation by law, made illegal by Brown v Board of Education.
De jure segregation
act that shifted the quota of immigrants to Europe and aimed to attract immigrants who were trained workers.
Immigration Act of 1991
legislation that legalized segregation even after the adoption of the Fourteenth Amendment.
Jim Crow laws
a judicial doctrine of the Fourteenth Amendment that applied the Bill of Rights to the states in matters such as segregation.
Nationalization of the Bill of Rights
case that ruled that states had the right to impose “separate but equal” facilities on its citizens as well as create other laws that segregated the races.
Plessy v Ferguson (1896)
in 1848, Elizabeth Cady Stanton led the fight for political suffrage and supported a doctrine very similar in nature to the Declaration of Independence called the Declaration of Sentiments and Resolutions. It became a rallying document in the fight for women’s rights.
Seneca Falls Convention
the judicial precedent established in the Plessy v Ferguson decision that enabled states to interpret the equal protection provision of the Fourteenth Amendment as a means of establishing segregation.
Separate but equal
the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals.
Bully pulpits
part of the “unwritten Constitution,” it was first established by George Washington and includes federal departments such as state, defense etc.
Cabinet
used to describe the president. Powers found in Article II of the Constitution.
Chief executive
created by Franklin Roosevelt in 1939; it has four major policy making bodies today–the National Security Council, the Council of Economic Advisors, the Office of Management and Budget, and the Office of National Drug Control Policy.
Executive office of the president
term developed by historian Arthur Schlesinger Jr.; refers to presidents who dominate the political and legislative agenda.
Imperial presidency
policy that would allow the president to veto selectively what he considers unnecessary spending items contained in legislation.
Line item veto
chaired by the president, it is the lead advisory board in the area of national and international security. The other members of the council include the vice president, secretaries of state and defense, director of the Central Intelligence Agency, and chair of the joint chiefs of staff.
National Security Council
rejection of legislation that occurs if the president does not sign a bill within 10 days and the Congress also adjourns within the same time period.
Pocket veto
amendments to bills, often in the form of appropriations, that sometimes have nothing
to do with the intent of the bill itself and many times are considered to be pork barrel legislation.
Riders
policy that gives senators the right to be notified by the president of pending judicial nominations. Once informed, the approval of the senators from the state from which the judge comes is obtained and the appointment process moves on. This courtesy does not apply to Supreme Court justice nominations.
Senatorial courtesy
selective leaks aimed at testing the political waters.
Trial balloons
