Govt test 5
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Created by:
michael_pineda on July 30, 2012
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61 terms
Terms | Definitions |
|---|---|
 Civil liberties | personal guarantees and freedoms that the government cannot abridge, either by law, constitution, or judicial interpretation. |
| Civil rights | provide freedom against arbitrary or discriminitory treatment by government or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation. |
| Bill of Rights | First ten ammendmends to the constitution ratified in 1789 |
| Due process clause | Making various provisions contained in the Bill of Rights applicable to the states |
| substantive due process | states had the legal burden to prove that their laws were a valid exercise of their power to regulate the health, welfare, or public morals of their citizens. |
| selective incorporation | limit the rights of the states byu protecting against abridgement of fundamental freedoms |
| fundamental freedoms | those liberties defined by the Court as essential to order, liberty, and justice |
| establishment clause | directs the national government not to sanction an official religion |
| free exercise clause | gaurantees citizens that the national government will not interfere with their practice of religion. |
| Lemon Test | a practice or policy was constitutional if it: 1. had a legitimate secular purpose; 2. neither advanced nor inhibited religion; 3. did not foster an excessive government entanglement |
| prior restraint | guard against the prohibition of speech or publication before the fact |
| Libel | written statement that defames the character of a person |
| slander | words that are spoken that defame the character of a person. |
| New York Times Co. v Sullivan (1964) | first major libel case considered by the Supreme Court. |
| fighting words | words that "by their very utterance inflict injury or tend or incite an immediate breach of peace," are not subject to the first amendment. |
| writs of habeas corpus | court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government's case. |
| ex post facto laws | laws that make an act punishable as a crime even if the action was legal at the time it was committed |
| bills of attainder | laws declaring an act illegal without a judicial trial |
| Miranda v. Arizona (1966) | brought fourth miranda rights was a case about rape, police did not tell him he had the right to remain silent. |
| Miranda rights | "Prior to any questioning, the person must be warned that he has a right to remain silent, that any statements he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." |
| double jeopardy clause | protects individuals from being tried twice for the same crime in the same jurisdiction |
| exclusionary rule | bans use of illegally seized evidence at trial |
| right to privacy | areas in life that the government was off limits to regulate. |
| Roe v. Wade (1973) | Three different stages in pregnancy. the second trimester, its legal to have an abortion but only to protect the life of the mother. the third trimester, state's interest in potential life outweighed a woman's privacy interest. |
| Black Codes | denied most legal rights to newly freed slaves by prohibiting African Americans from voting, sitting on juries, or even appearing in public places. |
| equal protection clause | 14th amendment prohibits states from denying "any person within its jurisdiction the equal protection of the laws." |
| Jim Crow laws | required segregation in public schools and facilities, including railroads, restaurants, and theaters. |
| poll taxes | small taxes on the right to vote that often came due when poor African American sharecroppers had the least ammount of money on hand |
| grandfather clause | grants voting privileges to those citizens who failed to pass a wealth or literacy test only if their grandfathers had voted before Reconstruction. |
| Plessy v. Ferguson | Racial segregation |
| suffrage movement | A movement started by the NAWSA (National American Woman Suffrage Associations) for woman suffrages |
| Brown v. Board of Education | school segregation |
| Civil Rights Act of 1964 | *Outlawed abitrary discriminatiopn in voter registration and expedited voting rights lawsuits. *Barred discrimination in public accomodations. *Equal Employment Opportunity Commission. |
| Equal Rights Amendment | Rights of laws shall not be denied by the US on the account of sex. |
| Equal Pay Act of 1963 | Employers had to pay both women and men the same wages. |
| Title IX | stops discrimination of federal funds for female students. |
| Affirmative action | policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group |
| federal system | national government and state governments share power and derive all authority from the people. |
| Unitary system | local and regional governments derived all power form a strong nation government. |
| reserved / police powers | tenth amendment, health , safety, and morals of our citizens |
| concurrent powers | powers shared by the nation and state governments |
| bill of attainder | a law declaering an act illegal without juduicial trial. |
| full faith and credit clause | ensures that judicial decrees and contracts made in one state will be binding and enforceable in another. |
| privileges and immunities clause | gauranteeing that the citizens of each state are afforded the same rights as citizens of all other states. |
| extradition clause | requires states to extradite, or return, criminials to states where they have been convicted or are to stand trial. |
| interstate compacts | comtracts between states that carry the force of law |
| McCulloch v. Maryland (1819) | first major supreme court decision to define the realtionship between the national and state governments. |
| Gibbons v. Ogden | national power scope, broaden |
| Barron v. Baltimore | national v state power relation. |
| dual federalism | seperate and equally powerful state and national governments |
| Dred Scott v. Sandford (1857) | slavery ownership |
| nullification | Gave states the right to void laws if they found it was unconstitutional. |
| Sixteenth Amendment | power to levy taxes |
| Seventeenth Amendment | states elections are now voted on |
| The New Deal | FDR proposed program that brought the country out of the Great Depression |
| cooperative federalism | interwinded relationship amoung state,national, and local governments that began with the New Deal. |
| categorical grants | allocate federal funds if states can match it. |
| Block grants | large amounts of money given to states with only general spending guidelines. |
| unfunded mandates | national laws that direct state or local governments to complyu with federal rules or regulations. |
| preemption | when the actions of states gets overwritten by the national government. |
| progressive federalism | national government gives leeway in action on issues normally considered nation in scope. |
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