Term
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Definition
| A court order requiring explaination to a judge as to why a prisoner is being held in custody. |
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Definition
| A retroactive criminal law that works to the disadvantage of a person. |
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Definition
| A clause in the Fifth Amendment limiting the power of the national government; a similar clause to the 14th Amendment prohibiting state gov'ts from depriving any person life, liberty, or property without the due process of law. |
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Definition
| The process by which provisions of the BoRs are brought within the scope of the 14th Am. and so applied to state and local gov'ts. |
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Definition
| A clause in the 1st Am. that states that Congress shall make no law respecting an establishment of religion. |
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Definition
| A clause in the 1st Am. that states that Congress shall make no law prohibiting the free exercise of religion. |
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Definition
| An interpretation of the 1st Am. that would permit legislatures to forbit speech encouraging people to engage in illegal actions. |
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Term
| Preferred Position Doctrine |
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Definition
| An interpretation of the 1st Am. that holds that freedom of expression is so essential to democracy that gov'ts should not punish persons for what they say, only for what they do. |
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Term
| Clear and Present Danger Test |
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Definition
| An interpretation of the 1st Am. that holds that the gov't 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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Term
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Definition
| Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional. |
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Term
| Content or Viewpoint Neutrality |
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Definition
| Laws that apply to all kinds of speech and views, not only that which is popular or divisive. |
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Definition
| libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances. |
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Definition
| Written defamation of another person. For public officials/figures, the constitutional tests designed to restrict libel actions are especially rigid. |
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Definition
| The quality or state of a work that, taken as a whole, appeals to a prurient interest in sex by depicting sexual conduct in a patenly offensive way that lacks professional value. |
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Definition
| Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence. |
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Definition
| Advertisments and commercials for products and services; they receive less 1st Am. protection, primarily to discourage false and misleading ads. |
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Definition
| Deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition. |
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Definition
| The rights of an individual to own, use, rent, invest in, buy, and sell property. |
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Definition
| The power of a gov't to take private property for public use; the US Constitution gives national and state gov'ts this power and requires them to provide just compensation for property so taken. |
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Definition
| A gov't regulation that effectively takes land by restricting its use, even if it remains in the owner's name. |
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Definition
| Established rules and regulations that restrain gov't officials. |
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Definition
| A constitutional requirement that gov'ts proceed by proper methods; limits how gov't may exercise power. |
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Definition
| A constitutional requirement that gov'ts act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a gov't may do. |
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Definition
| A writ by a magistrate that authorized the police to search a particular place or person, specifying the place to be searched and the objects to be seized. |
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Definition
| A requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial. |
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Definition
| Trial or punishment for the same crime by the same gov't; forbidden by the Constitution. |
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Definition
| A jury of 12 to 23 persons, depending on state and local requirements, who privately hear evidence presented by the gov't to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment. |
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Definition
| A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action. |
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Definition
A formal written statement from a grand jury charging an individual with an offense; also called a true bill.
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Definition
| An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trail for a more serious offense. |
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Definition
| The power of a court to refuse to enforce a law or gov't regulation that in the opinion of the judges conflicts with the US Constitution or, in a state court, the state constitution. |
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Definition
| A judicial system in which the court of law is a neutral arena where two parties agrue their differences. |
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Definition
| A law that defines crimes against the public order. |
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Term
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Definition
| A law that governs relationships between individuals and defines their legal rights. |
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Definition
| Government lawyer who tries criminal cases, often referred to as a district attorney or a US attorney. |
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Term
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Definition
| In a criminal action, the person or party accused of an offense. |
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Definition
| An agreement between a prosecutor and a defendent that the defendent will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. |
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Term
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Definition
| A dispute growing out of an actual case or controversy that is capable of settlement by legal methods. |
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Term
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Definition
| The party instigating a civil lawsuit. |
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Term
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Definition
| The chief law enforcement officer in the US and the head of the Department of Justice. |
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Term
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Definition
| The third-ranking official in the Department of Justice who is responsible for representing the US in cases before the US Supreme Court. |
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Term
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Definition
| An arrangment whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys. |
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Term
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Definition
| Courts in which criminal and civil cases are originally tried in the federal judiciary system. |
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Term
| Circuit Courts of Appeals |
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Definition
| Courts with appeallate jurisdiction that hear appeals from the decisionsof lower courts. |
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Term
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Definition
| The court of last resort in the US. It can hear appeals from federal circuit courts or state high courts. |
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Term
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Definition
| The authority of a court to hear a case "in the first instance." |
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Term
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Definition
| The authority of a court to review decisions made by lower courts. |
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Term
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Definition
| A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts. |
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Term
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Definition
| A court order requiring explanation to a judge why a prisoner is being held in custody. |
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Term
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Definition
| The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. |
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Definition
| A philosophy proposing that judges should strike down laws that are inconsistent with norms and values started or implied in the Constitution. |
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Term
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Definition
| A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution. |
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Term
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Definition
| A formal writ used to bring a case before the Supreme Court. |
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Term
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Definition
| A petition that allows a party to file "as a pauper" and avoid paying Court fees. |
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Term
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Definition
| The list of potential cases that reach the Supreme Court. |
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Term
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Definition
| Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immeadiate parties to a case. |
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Definition
| An explanation of a decision of the Supreme Court or any other appellate court. |
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Definition
| An opinion disagreeing with the majority in a Supreme Court ruling. |
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Term
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Definition
| An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. |
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Term
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Definition
| The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. |
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Term
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Definition
| The rights of all people to be free from irrational discrimination such as that based on race, religion, gender, or ethnic origin. |
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Term
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Definition
| The rights of all people to dignity and worth; also called human rights. |
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Term
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Definition
| Remedial action designed to overcome the effects of discrimination against minorities and women. |
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Term
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Definition
| A legal action conferring citizenship on an alien. |
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Term
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Definition
| Citizenshipin more than one nation. |
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Term
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Definition
| The right to renounce one's citizenship. |
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Term
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Definition
| The right of women to vote. |
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Term
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Definition
| A clause in the 14th Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the law. By interpretation, the 5th Amendment imposes the same limitation on the national gov't. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex. |
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Term
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Definition
| A clause in the 5th Amendment limiting the power of the national gov't; a similar clause in the 14th Amendment prohibits state gov'ts fro depriving any person of life, liberty, or property without due process of law. |
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Term
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Definition
| A standard developed by the courts to text the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable gov't interest. |
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Term
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Definition
| A test applied by the court when a classification is based on race; the gov't must show that there is a compelling reason for the law and no other less restrictive way to meet the interest. |
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Term
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Definition
| This test has been applied when a law classifies based on sex; to be upheld, the law must meet an important gov't interest. |
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Term
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Definition
| A literacy requirement some states imposed as a condition of voting, generally used to disqualify black voters in the South; now illegal. |
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Term
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Definition
| A Democratic party primary in the old "one-party South" that was limited to white people and essentially constituted an election; ruled unconstitutional in Smith v. Allwright. |
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Term
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Definition
| The drawing of election districts so as to ensure that members of a certian race are a minority in the district; ruled unconstitutional in Gomillion v. Lightfoot. |
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Term
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Definition
| Tax required to vote; prohibited for national elections by the 24th Amendment and ruled unconstitutional for all elections in Harper v. Board of elections. |
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Term
| Majority-Minority District |
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Definition
| A congressional district created to include a majority of minority voters; ruled constitutional so long as race is not the main factor in redistricting. |
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Term
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Definition
| State laws formerly pervasive throughout the South requiring public facilities and accommodations to be segregated by race; ruled unconstitutional. |
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Term
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Definition
| The clause of the Constitution (Art 1 Sec 8 Clause 3) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. |
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Term
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Definition
| A lawsuit brought by an individual or a group of people on behalf of all those similarily situated. |
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Term
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Definition
| A provision in a deed to real property prohibiting its sale to a person of a particular race or religion. Judicial enforcement of such deeds is unconstitutional. |
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Term
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Definition
| Segregation imposed by law. |
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Term
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Definition
| Segregation resulting from economic or social conditions or personal choice. |
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Term
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Definition
| A group of citizens united by interest. |
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Term
Tyranny
make everyone have the same interests |
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Definition
| Remove the Cause of Factions |
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Term
Scope of the country
Republic Principle
(human nature, factions choose reps) |
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Definition
| Limit the Effects of Factions |
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Term
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Definition
| Gov't by the people, both directly or indirectly, with free and frequent elections. |
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Term
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Definition
| Powers given explicitly to the federal gov't andlisted in the constitution. |
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Term
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Definition
| Powers inferred from the express powers that allow Congress to carry out its functions. |
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Term
| Necessary and Proper Clause |
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Definition
Art 1, Sec 8
Sets forth the implied powers of congress; states that congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the constitution vests in the national gov't. |
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Term
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Definition
| Powers that the constitution gives to both the national and the state gov'ts, such as the power to levy taxes. |
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Term
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Definition
| The powers of the national gov't in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existance of the national gov't. |
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Term
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Definition
| All powers not specifically delegated to the national gov't by the constitution. |
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Term
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Definition
| State's constitution-granted power to govern, and to make, adopt, and enforce laws for the protection and preservation of public health, justice, morals, order, safety and security, and welfare. |
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Term
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Definition
Art 6
National laws take precedent |
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Term
| Interstate Priviledges and Immunities Clause |
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Definition
| People from out of state visiting have the same rights as the people who live in that state; can't deny out of state citizens access to the court. |
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Term
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Definition
Federal gov't could not regulate gun control near schools- its the state's decision.
This case gave reserved more powers again. |
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Term
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Definition
| Could vote in a state if his grandfather had been registered. |
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Definition
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Term
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Definition
| Given as a pre rec to voting; blacks were given an almost impossible version, whites given super easy one. |
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Term
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Definition
| Parties would hold caucuses and could determine who votes in caucus so they only let whites participate. |
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Term
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Definition
| Laws establishing separate but equal. |
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Term
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Definition
| Outlawed literacy questions, sent officials to voting, etc |
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Definition
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Term
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Definition
| Direct popular election of US senators |
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Definition
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Definition
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Definition
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Term
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Definition
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Definition
| Says that no state shall deny any person equal protection under the law. |
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Term
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Definition
| Reenforced that blacks were not full citizens. |
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Term
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Definition
| Says that Jim Crow and other separate but equal laws are constitutional. |
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Term
| Brown v. Board of Education |
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Definition
| Found segregation of public schools to be unconstitutional. |
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Term
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Definition
| The important provisions of the Bill of Rights also apply to the states. |
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Term
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Definition
| Slaves counted as 3/5 a person for representation and taxing. |
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Term
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Definition
| Confirmed that the Bill of Rights was only for the national gov't. |
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Term
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Definition
| Decided that the Bill of Rights did in fact apply to the states. |
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Term
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Definition
| After the fact; cannot punish people for a crime committed when said crime was still legal action. |
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Term
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Definition
| Can't pass laws aimed directly at a specific person/group. |
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Term
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Definition
| Established Due Process Clause |
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Term
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Definition
| One cannot be deprived of life, liberty, or property without the due process of law. |
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Term
| Full Faith and Credit Clause |
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Definition
Art 4, Sec 1
Requires each state to recognize the civil judgements rendered by the courts of other states and to accept their public records and acts as valid. |
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Term
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Definition
| The right of a national law or regulation to preclude enforcement of a state or local law or regulation. |
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Term
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Definition
| Formally brings an end to most forms of racial discrimination. |
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Term
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Definition
| Reenforces the 2nd Amendment (right to bare arms) |
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Term
- speech, religion, press, etc
- right to bare arms
- no soldiers in the home
- need a warrant, no unreasonable search and seizure
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Definition
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Term
- no double jeopardy, due process
- speedy trial and jury
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Definition
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Term
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Definition
| No cruel or unusual punishment. |
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Term
- no executive branch
- no federal courts
- too rigid
- Congress lacked power to raise armies, levy taxes, and regulate commerce
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Definition
| Weaknesses of the Articles of Confederation |
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Term
Proposed: 2/3 both houses/state conventions
Ratified: 3/4 both houses/state conventions |
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Definition
| How Amendments are Proposed/Ratified |
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Term
- no treaties
- no coining of money
- no titles of nobility
- no bill of attainor
- no ex post facto
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Definition
Limits on States Art 1, Sec 10
Limits on States and National |
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Term
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Definition
| General Provisions of the Constitution's Articles |
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