Us Govt Key Terms Ch2,4

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Constitution

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A nation's basic law.
Creates political institutions, assigns or divides powers in government, often- certain guarantees to citizens.
written/ unwritten

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Declaration of Independence

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Document approved by representatives of the American colonies (1776).
stated their grievances against the British monarch.

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Natural Rights

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life, liberty,+property.
not dependent on governments. central to Locke's theories about government
widely accepted among America's founders.

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Consent of the Governed

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The idea that government derives its authority by sanction of the people.

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Limited Government

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The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

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Articles of Confederation

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The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781.

Established a national legislature, (Continental Congress), but most authority rested with the state legislatures.

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Shay's Rebellion

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A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

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U.S. Constitution

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written in 1787; ratified in 1788.
sets forth the institutional structure of U.S. government + the tasks these institutions perform.

Replaced the Articles of Confederation.

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Factions

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Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Papers Number 10. Today's parties or interest groups are what Madison had in mind when he warned of the instability in government caused by factions.

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New Jersey Plan

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The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

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Virginia Plan

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The proposal at the constitutional Convention that called for representation of each state in Congress to that state's share in US population.

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Connecticut Compromise

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Constitutional Convention

Established two houses of Congress: the House of Representatives (representation based on a state's share of the US population), &the Senate(each state two representatives)

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Writ of Habeas Corpus

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A court order requiring jailers to explain to a judge why they are holding a prisoner is custody.

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Separation of Powers

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a feature of the Constitution that requires each of the 3 branches to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions.

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Checks and Balances

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Features of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another's activities.

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Republic

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A form of government in which the people select representatives to govern them and make laws.

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Federalists

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Supporters of the Constitution at the time the states were contemplating its adoption.

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Anti-Federalists

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Opponents of the American Constitution at the time when the states were contemplating its adoption.

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Federalist Papers

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A collection of 85 articles written by Alex Hamilton, John Jay, and James Madison under the name 'Publius' to defend the Constitution in detail.

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Bill of Rights

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The first ten amendments to the Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.

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Equal Rights Amendment

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A constitutional amendment passed by Congress in 1972 stating that 'equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex.'

Failed to acquire the necessary support from 3/4 of the state legislatures.

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Marbury V. Madison

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The 1803 case in which Chief Justice John Marshall and his associates first asserted the rights of the Supreme Court to determine the meaning of the Constitution. The decisions established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

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Judicial Review

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The power of the courts to determine whether acts of Congress and, by implication, the exception are in accord with the Constitution. Judicial review was established by John Marshall and his associates in Marbury V. Madison.

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Civil liberties$ The legal constitutional protections against government. They are formally set down in the Bill of Rights; however

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the courts

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Bill of Rights$ the first 10 amendments to the U.S. constitution which define basic liberties as freedom of religion

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speech

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First amendment$ establishes the 4 great liberties: freedom of the press

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of speech

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Barron v. Baltimore$ the 1883 Supreme Court decision holding that the Bill of Rights restrained only the national government

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not the states and cities.

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Fourteenth amendment$ the constitutional amendment adopted after the Civil War that states

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“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life

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Due process clause$ part of the 14 amendment guaranteeing that persons cannot be deprived of life

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liberty

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School district of Abington Township

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Pennsylvania v. Schempp$ a 1963 supreme court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the 1 amendment.

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Prior restraint$ a government preventing material from being published. This is a common method of limiting the press in some nations

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but it is usually unconstitutional in the U.S.

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New York Times v. Sullivan$ decided in 19 64

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this case established the guidelines for determining whether public officials and public figures could win damage suit for libel. To do so

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Symbolic speech$ Nonverbal communication

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such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the 1 amendment.

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Miami herald publishing company v. Tornillo$ a 1974 case in which the supreme court held that a state could not force a newspaper to print replies from candidates it has criticized

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illustrating the limited power of government to restrict the print media.

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Probable cause$ the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest

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police are allowed legally to search for and seize incriminating evidence.

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Unreasonable searches and seizures$ obtaining evidence in a haphazard or random manner

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a practice prohibited by the 14 amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.

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Exclusionary rule$ the rule that evidence

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no matter how incriminating

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Fifth amendment$ a constitutional amendment designed to protect the rights of persons accused of crimes

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including protection against double jeopardy

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Sixth amendment$ a constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel

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the right to confront witnesses

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Gideon v. Wainwright$ the 1963 supreme court decision holding that anyone accused of a felony where imprisonment may be imposed

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however poor he or she might be

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Eighth amendment$ the constitutional amendment that forbids cruel and unusual punishment

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although it does not define this phrase. Through the 14 amendment

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Cruel and unusual punishment$ court sentences prohibited by the 8 amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional

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it has not held that the death penalty itself constitutes cruel and unusual punishment.

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Gregg v. Georgia$ the 1976 Supreme Court decision that upheld the constitutionality of the death penalty

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stating

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Roe v. wade$ the 1973 Supreme Court decision holding that a state ban on all abortion was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy

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permitted states to limit abortions to protect the mother’s health in the second trimester

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Civil liberties

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The legal constitutional protections against government. They are formally set down in the Bill of Rights; however, the courts, police, and legislatures define their meaning.

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Bill of Rights

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the first 10 amendments to the U.S. constitution which define basic liberties as freedom of religion, speech, and press, and guarantee defendants’’ rights.

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First amendment

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establishes the 4 great liberties: freedom of the press, of speech, of religion, and of assembly.

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Barron v. Baltimore

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the 1883 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

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Gitlow v. New York

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the 1925 supreme court decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14 amendment from impairment by the states” as well as by the federal government.

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Fourteenth amendment

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the constitutional amendment adopted after the Civil War that states, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal process of the laws.”

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Due process clause

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part of the 14 amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.”

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Incorporation doctrine

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the legal concept under which the supreme court has nationalized the Bill of rights by making most of its provisions applicable to the states through the 14 amendment.

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Establishment clause

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part of the 1 amendment stating that “Congress shall make no law respecting an establishment of religion.”

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Free exercise clause

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a 1 amendment provision that prohibits government from interfering with the practice of religion.

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Lemon v. Kurtzman

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the 1971 supreme court decision that established that aid to church

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Zelman v. Simmons

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Harris

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Engel v. Vitale

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the 1962 supreme court decision holding that state officials violated the 1 amendment when they wrote a prayer to be recited by New York’s schoolchildren.

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School district of Abington Township, Pennsylvania v. Schempp

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a 1963 supreme court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the 1 amendment.

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Prior restraint

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a government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the U.S., according to the 1 amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

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Near v. Minnesota

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the 1931 Supreme Court decision holding that the 1 amendment protects newspapers from prior restraint.

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Schneck v. United States

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a 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during WWI. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger” of substantive evils.

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Zurcher v. Stanford Daily

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a 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessary violating the 1 amendment rights to freedom of the press.

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Roth v. United States

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a 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.”

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Miller v. California

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a 1973 supreme court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value.

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Libel

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the publication of false or malicious statements that damage someone’s reputation.

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New York Times v. Sullivan

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decided in 19 64, this case established the guidelines for determining whether public officials and public figures could win damage suit for libel. To do so, individual must proved that the defamatory statements were made with “actual malice” and reckless disregard for the truth.

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Texas v. Johnson

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a 1989 case in which the supreme court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1 amendment.

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Symbolic speech

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Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the 1 amendment.

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Commercial speech

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Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

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Miami herald publishing company v. Tornillo

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a 1974 case in which the supreme court held that a state could not force a newspaper to print replies from candidates it has criticized, illustrating the limited power of government to restrict the print media.

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Red lion broadcasting company v. federal communications commission

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a 1969 case in which the supreme court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available.

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NAACP v. Alabama

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the supreme court protected the right to assemble peaceably in this 1958 case when it decided that NAACP did not have to reveal its membership list and thus subject its members to harassment.

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Probable cause

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the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.

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Unreasonable searches and seizures

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obtaining evidence in a haphazard or random manner, a practice prohibited by the 14 amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.

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Search warrant

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a written authorization from a court specifying the area to be searched and what the police are searching for.

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Exclusionary rule

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the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits the use of evidence obtained through unreasonable search and seizure.

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Mapp v. Ohio

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the 1961 supreme court decision ruling that the 4 amendment’s protection against unreasonable searches and seizures must be extended to the states as well as to the federal government.

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Fifth amendment

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a constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self

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Self

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incrimination

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Miranda v. Arizona

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the 1966 Supreme Court decision that set guidelines for police questioning of accused persons to protect them against self

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Sixth amendment

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a constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

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Gideon v. Wainwright

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the 1963 supreme court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer.

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Plea bargaining

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a bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious (or additional) crime.

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Eighth amendment

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the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the 14 amendment, the Bill of Rights provision applies to the states.

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Cruel and unusual punishment

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court sentences prohibited by the 8 amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.

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Gregg v. Georgia

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the 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, “It is an extreme sanction, suitable to the most extreme of crimes.” The Court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

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McClesky v. Kemp

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the 1987 supreme court decision that upheld the constitutionality of the death penalty against charges that it violated the 14 amendment because minority defendants were more likely to receive the death penalty than were White defendants.

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Right to privacy

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the right to a private personal life free from the intrusion of government.

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Roe v. wade

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1973 Supreme Court decision holding that a state ban on all abortion was unconstitutional.
Forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester.

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Planned Parenthood v. Casey

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1992
Supreme Court loosened its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerably more regulation.