probable cause
evidence needed in order to obtain a warrant
Jus Soli
“law of soil”; Says you are legally a citizen if you are born here
legally
You must enter the country this way to become a citizen
segregation
separating one group from another
Discriminatory segregation laws that hurt African Americans?
Jim Crow laws; Passed in southern states from post civil war times til 1968. Denied African Americans from obtaining jobs, voting, education etc. Those who deny laws would be jailed or killed
Illegal Alien
A person who comes into the U.S without a legal permit
types of legal permits
Passport, visa, green car, tourist visa( usually last about 90 days)
Alien
A person who lives in a country he or she is not a citizen
A refugee
A person fleeing their native country to escape prosecution or danger
treason
A crime that the punishment could be loss a ones citizenship
Jus Sanguinis
“Law of the Blood”; States that yo obtain citizenship through relatives or ancestors.
resident alien
A person from a foreign country who has establishes permanent residency
The fourth amendment
Right to no illegal searches or seizures
warrant
A legal document to search or to take evidence
unlimited immigration
Immigration policy is the early US to 1882
discrimination
Making judgments on superficial characteristics; race, gender, nationality
enemy alien
A citizen of a nation that the US is at war with
Gideon vs Wainwright
A supreme court case that involved the right to an attorney
The separate but equal doctrine
A legal doctrine created by Plessy v Ferguson
English
To be a US citizen you must be able to read and write in this language to be a citizens(There is some exceptions with age of foreigners, like elderly)
Expatriation
Voluntarily giving up your citizenship by leaving your birth nation
Plessy V Ferguson
A supreme court case hat created legal segregation. This case upheld the constitutionality of the separate but equal facilities based on race.
The sixth amendment
The amendment that guarantees your right to an attorney
Naturalization
The legal process of an alien becomes a citizen
American History
You need to pass this test to become a US citizen
Fifth Amendment
Right to not incriminate ones self (Think… I plead the Fifth)
Miranda v Arizona
A supreme court case that involves the right to not incriminate ones self (Think.. this is where you ____ rights come from)
What are some your Miranda rights?
Anything you say can and will be used against you in court
You have the right to have an attorney present and during future questioning
If you cannot afford an attorney one will be assigned for you free of cost
Brown v Board of education
A supreme court case that outlawed segregation public schools. (Ruby Bridges was selected to attend a all white school after this case.)
importance: This was the end of racial segregation in schools. This also ruled that things set in place by case Plessy v Ferguson were unconstitutional.
Nonresident alien
A person who intends to stay in the us for a short periods of time
Nationality/ National origins
This was the basis of immigration policy 1923-1968. (Think the US was discriminatory of Asian Americans because of their ___)
Fourth Amendment
states that people can be secure in their homes, papers and property without searches or seizures without warrants
importance: protects people from unreasonable and/ or illegal searches/seizures and protects privacy.
fifth amendment
guarantees that a person cannot be compelled by the government to give up incriminating information
Importance; Gives you the right to refuse to answer questions that could make an innocent person look guilty of a crime they did not commit, also you are entitled to know your Miranda rights
sixth amendment
says that you have the right to be represented by an attorney, a fair and speedy public trial , unbiased jury, to be informed of what you are being accused of
Importance; you can be represented by a professional that can prepare for the trial and what you are being accused of.
The jury cannot have prior opinions that effect the result of the trial
exclusionary rule
Prevents the use of illegally obtained evidence from being used in court
importance: Keeps officers in check and enforces the use of warrants and legal searches.
Probable Cause
Police officials have a reason to obtain a search warrant or seize and search because suspected evidence will be produced
Importance: Gives clues that crimes are being committed or have been committed, helps prove to judges that a warrant is needed.
a warrant
A type of authorization that allows a law enforcement official to make an arrest, search property, approved by a judge.
Protects people from unlawful arrests, illegally obtained evidence/ searches, secures privacy.
Gideon v Wainwright
Gideon was being accused of breaking and entering and burglary, when he went to trial he was denied to be represented by an attorney.
This proved for a constitutional, fair and speedy trial it was necessary for all people facing incrimination to be able to be represented by an attorney. This changed the law from only allowing death row inmates getting the representation of an attorney, to all criminals being able to have representation.
Plessy V Ferguson
A case that basically said that racial segregation laws were not unconstitutional, then separate but equal was created to say that if people had to be in segregated they needed the same things and opportunities for both groups.
Separate but equal
Separate but equal was from Plessy v Ferguson to say that if people had to be segregated they needed the same things and opportunities for both groups.
This is important because it ensured that colored and white people could have the same jobs, houses, etc.
14th amendment
Rights cannot be taken away without due process of law comes from the ___ amendment
lemon test
Used to determine if gov. aid to religious institutions is unconstitutional
establishment clause
The Prohibition of government interference with freedom of religion
Federal communication commisiosn
The ___ Regulates radio and television
Seditious speech
If you encourage People to start a revolution you can be punished for ___.
restricted speech
seditious speech
defamatory speech
fighting words
seditious speech
Speech that indicates someone/group could over throw the government
Example; Eugene V Debs encouraged the public to not allow access to military recruiting center
defamatory speech
Type of speech that hurts character and reputation.
Types of Defamatory speech- Libel(written) Slander(verbal)
Example: if a person says they steal from businesses and that person goes to get a job and cannot this could be sued for defamatory speech
fighting words
Speech face to face that indicates that could lead to violence. Like discriminatory comments or threats.
Example: A man says a racist quote about threatens his family- this would be illegal.
prior restraints
Censorship of information before publication is called?
bill of rights
where the constitution of the US guarantees basic rights
picket
what labor unions have the right to
first amendments
where the freedoms we studies in this chapter are
James Madison
who authorized and promoted the bill of rights
sequester
the isolation of a jury during atrial from all outside influences
Spokes V Tennessee
Church and States case
Dover Area school district, intelligent design case was modern version of this case
Freedom of association
Allows political parties, interest groups to influence the action of the government
Types of protected speech
symbolic
pure
symbolic speech
A type of speech that is unspoken and unwritten and is protected by the first amendment.
flag burning
burning draft cards
wearing political armband
pure speech
Type of speech that is spoken that is covered by the first amendment.
incorporation
Extended the bill of rights to include all levels of government
church v states
The government buying bibles for s religious school would be a violation of
Vietnam war
During this time the government attempted to get the new York times hide information
example of libel
The prior restraints New York times court case- the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam
The lindenberg case
The lindenberggs 20month old was stolen, the press tried to cover it.