Key Terms in Public Policy and Civil Liberties/Civil Rights

A collection of vocabulary flashcards covering key terms related to public policy, civil liberties, and civil rights.

Bipartisanship

Support from both parties for policy, e.g., a bipartisan foreign policy.

Budget deficit

Results when federal expenditures exceed federal revenues for a one year period.

Deficit spending

The federal government’s practice of spending more money than it takes in as revenues.

Deregulation

Elimination of federal regulations on private companies.

Entitlements

Federal benefit payments to which recipients have a legal right, e.g., Social Security.

Fiscal policy

Taxing and spending policies.

Means testing

Requiring that those who receive federal benefits show a need for them.

Monetary policy

Federal Reserve Board’s regulation of the supply of money in circulation.

National debt

Total debt owed by the federal government due to past borrowing.

Subsidy

Federal financial aid to individuals, e.g., welfare, food stamps.

Civil liberties

Personal freedoms, e.g., speech, assembly, religion.

Civil rights

Protections against discrimination.

Clear and present danger doctrine

Judicial interpretation of Amendment 1 that government may not ban speech unless it poses an imminent threat to society.

De facto segregation

Segregation 'by fact' that results from factors such as housing patterns rather than law.

De jure segregation

Segregation by law, required by government.

Double jeopardy

Being prosecuted twice for the same offense; banned by Amendment 5.

Due process clause

Prohibits the national government and states from denying life, liberty, or property without due process of law.

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law.

Eminent domain

The right of government to take private property for public good, with fair compensation.

Establishment clause

Provision of Amendment 1 that prohibits Congress from establishing an official state religion.

Exclusionary rule

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial.

Free exercise clause

Provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.

Grandfather clause

Southern laws that excluded blacks from exercising suffrage based on their grandfathers' voting status before 1865.

Grand jury

Determines whether to bring criminal charges against a suspect.

Incorporation

Applying the Bill of Rights to the states.

Indictment

Grand jury order that a suspect must stand trial for a criminal offense.

Jim Crow laws

Southern laws requiring racial segregation in places of public accommodation.

Libel

Written untruths that damage a reputation.

Literacy test

Southern method requiring voters to prove their ability to read and write.

Miranda warnings

Warnings that must be read to suspects prior to questioning about their rights.

Plea bargain

Arrangement where a suspect pleads guilty to a lesser offense to avoid trial.

Police powers

Powers allowing states to pass laws protecting health, welfare, safety, and morals.

Poll tax

Southern method requiring payment of a tax prior to voting.

Prior restraint

Court action that stops expression before it is made, presumed unconstitutional.

Racial gerrymandering

Drawing legislative boundaries to give electoral advantages to a racial group.

Sedition

Advocacy of the overthrow of the government.

Separate but equal

Supreme Court doctrine allowing state-required racial segregation as long as facilities are equal.

Shield laws

State laws protecting journalists from revealing their sources.

Slander

Spoken untruths that damage a reputation.

Strict scrutiny

Supreme Court guideline for determining if government can make racial distinctions.

White primary

Primary election allowing only whites to vote.

Bill of Attainder Clause (Article I, §9, clause 3)

This clause prohibits Congress from enacting any law that singles out a specific individual or group for punishment without the opportunity for a fair trial. In essence, it ensures that individuals cannot be punished through legislation alone and that they must be given due process.

Commerce Clause (Article I, §8, clause 3)

The Commerce Clause grants Congress the authority to regulate commerce across state lines, with foreign nations, and among Native American tribes. This power allows the federal government to establish and enforce regulations that facilitate trade and economic interaction between these entities.

Contracts Clause (Article I, §10, clause 1)

This clause prevents states from enacting laws that would interfere with the execution of contracts. It safeguards the sanctity of agreements made between parties, ensuring that a state cannot pass legislation that declares existing contracts void or alters their obligations.

Due Process Clause (5th Amendment)

This clause guarantees that no individual shall be deprived of their fundamental rights—such as life, liberty, or property—without the due process of law. It requires the national government to follow fair procedures, thereby protecting individual rights against arbitrary governmental actions.

Due Process Clause (14th Amendment)

Similar to the 5th Amendment, this clause specifically ensures that state governments also adhere to the principle of due process. States must uphold fair procedures when making decisions that affect a person's life, liberty, or property, further protecting citizens' rights at both the federal and state levels.

Elastic Clause (Article I, §8, clause 18)

This clause empowers Congress to enact laws deemed necessary and proper for executing its enumerated powers. It allows for a flexible interpretation of Congressional authority, enabling lawmakers to address issues that may not be explicitly outlined in the Constitution but are essential for carrying out their responsibilities.

Equal Protection Clause (14th Amendment)

This clause mandates that states must provide equal protection under the law to all individuals within their jurisdiction. It prohibits unreasonable discrimination, ensuring that people are treated equally regardless of race, gender, religion, or other characteristics when it comes to legal rights and protections.

Establishment Clause (1st Amendment)

The Establishment Clause prohibits Congress from establishing an official religion or favoring one religion over another. This clause is a cornerstone of the separation of church and state, ensuring that government remains neutral regarding religious matters.

Ex Post Facto Clause (Article I, §9, clause 3)

This clause prohibits Congress from passing laws that retroactively change the legal consequences of actions that were committed before the law was enacted. It protects individuals from being punished for acts that were not criminal at the time they were performed.

Extradition Clause (Article IV, §2, clause 2)

This clause requires that individuals charged with serious crimes, such as treason or felonies, who flee to another state must be returned to the state where the crime occurred upon request. It ensures the integrity of law enforcement across state lines.

Free Exercise Clause (1st Amendment)

The Free Exercise Clause ensures that individuals are free to practice their religion without government interference. It protects the right to worship as one chooses, barring laws that would impose restrictions on religious practices.

Full Faith and Credit Clause (Article IV, §1)

This clause mandates that each state must recognize and respect the public acts, records, and judicial proceedings of every other state. It ensures consistency and reliability of legal documents, such as marriage licenses or court judgments, across state lines.

Privileges and Immunities Clause (Article IV, §2, clause 1)

This clause ensures that a state cannot unreasonably discriminate against citizens of other states. It guarantees that all citizens enjoy the same rights and privileges regardless of which state they reside in, thereby fostering a sense of national unity.

Reserved Power Clause (10th Amendment)

This clause asserts that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people. It emphasizes state sovereignty and the principle of limited government.

Search and Seizure Clause (4th Amendment)

This clause protects individuals from unreasonable searches and seizures by the government. Law enforcement agencies are required to have probable cause and a warrant, clearly detailing what they intend to search and seize, ensuring protection against arbitrary intrusions.

Supremacy Clause (Article VI, clause 2)

The Supremacy Clause establishes that federal law takes precedence over state law when there is a conflict. It asserts the Constitution and federal laws made in accordance with it as the highest law of the land, bringing uniformity to the legal system across the nation.

Takings Clause (5th Amendment)

This clause stipulates that private property cannot be taken for public use without just compensation being provided to the property owner. It ensures that property owners are fairly compensated when the government acquires private land for public projects, such as infrastructure.