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Affirmative Action
Policies that support members of disadvantaged groups through education and employment opportunities.
Amount in Controversy Requirement
Legal threshold determining federal court jurisdiction in civil cases based on a minimum monetary amount.
Articles of Confederation
America's first constitution with a weak central government, lack of executive branch, and issues leading to the Constitutional Convention.
Assisted Suicide
Legal and ethical considerations around the right to end one's own life with medical assistance, involving autonomy and differing state laws.
Bill of Attainder
Legislative act punishing an individual or group without a trial, prohibited by the Constitution to protect individual rights.
Bill of Rights
The first ten amendments to the U.S. Constitution protecting individual liberties and rights against government infringement.
Capital Punishment
Legal process of sentencing someone to death for a crime, involving ethical debates, deterrence, and constitutional challenges.
Civic Virtue
Cultivation of habits important for community success, including responsibility, active participation in public affairs, and moral behavior.
Classical Republicanism
Political philosophy emphasizing the common good and civic virtue, influencing the Founding Fathers and community values.
Commerce Clause
Grants Congress power to regulate commerce with foreign nations and among states, forming the basis for federal regulatory power.
Constitution – Articles I-VII
Structure of the U.S. Constitution detailing legislative, executive, judicial branches, states’ relations, amendment process, supremacy clause, and ratification.
Constitution - Ban on Religious Tests to Hold Office
Ensures freedom of religion and equal opportunity in public service by prohibiting religious tests for office.
Constitutional Government
Government with defined and limited powers by law, including rule of law, separation of powers, and checks and balances.
Constitution - Guarantee of Republican Government
U.S. commitment to guarantee every state a Republican Form of Government, emphasizing representation and protection.
Current Events – Relate to Bill of Rights
Ongoing legal and social issues connected to the protections and rights guaranteed by the Bill of Rights.
Elastic Clause – Necessary and Proper Clause
Grants Congress power to pass laws necessary for enumerated powers, providing basis for implied powers and legislative flexibility.
Electoral College
Body of electors electing the president and vice president, balancing popular vote and state representation.
Equal Protection
Clause within the Fourteenth Amendment guaranteeing equal protection of laws to all persons within a state's jurisdiction.
Ex Post Facto Laws
Laws making an act illegal retroactively, prohibited by the Constitution to protect against arbitrary legislation.
Exclusionary Rule
Prevents government from using evidence gathered unconstitutionally, protecting against illegal searches and seizures.
Factions
Groups with shared interests discussed in Federalist Papers No. 10, highlighting dangers of factionalism and solutions in a large republic.
Federalist and Antifederalist Papers
Essays arguing for and against Constitution ratification, with Federalists supporting strong central government and Antifederalists advocating for states’ rights.
Full Faith and Credit
States must respect other states' public acts, records, and judicial proceedings to ensure consistency and cooperation.
Grand Jury vs
Different juries in the legal system where grand jury decides trial evidence and petit jury decides trial verdict.
Habeas Corpus
Legal action requiring a person under arrest to be brought before a judge to protect against unlawful imprisonment.
Incorporation Doctrine
Application of Bill of Rights to states through the Fourteenth Amendment to prevent state infringement on individual rights.
Judicial Activism vs
Philosophies on judicial decision-making where activism promotes bold policy decisions and restraint emphasizes deference to elected branches.
Judicial Review
Power of courts to declare laws unconstitutional, established by Marbury v. Madison as a cornerstone of the U.S. constitutional system.
Lemon Test
Test to determine if a law violates the Establishment Clause by requiring a secular purpose, no advancement/inhibition of religion, and no excessive government entanglement.
Natural Rights
Rights not dependent on laws or customs, including life, liberty, and property as fundamental rights.
Parliamentary Procedure
Rules for conducting meetings in a legislative body to ensure order, efficiency, and fairness in decision-making.
Originalism vs
Approaches to interpreting the Constitution where originalism focuses on original intent and living document adapts to contemporary circumstances.
Privacy
Right to be free from government intrusion into personal affairs derived from amendments like the Fourth and Fourteenth.
Probable Cause
Reasonable grounds for searches or charges required by the Fourth Amendment for obtaining warrants.
Procedural Due Process
Legal requirement for the state to respect all legal rights owed to a person, including fair procedures before deprivation of life, liberty, or property.
Reasonable Suspicion
Legal standard
Exclusionary Rule
Evidence obtained in violation of the Fourth Amendment is inadmissible in state courts, protecting against unreasonable searches and seizures.
Judicial Review
Supreme Court's authority to review and invalidate governmental actions conflicting with the Constitution, established in Marbury v. Madison.
Miller Test
Criteria to define obscenity, considering community standards, prurient interest, offensiveness, and value, set in Miller v. California.
Miranda Rights
Requirement for police to inform detained suspects of their rights to an attorney and against self-incrimination, ensuring legal counsel and protection from self-incrimination.
Reasonable Suspicion
Standard allowing school officials to conduct searches without a warrant or probable cause, balancing students' rights with maintaining a safe environment.
Affirmative Action
Use of race in admissions for diversity while prohibiting rigid quotas, as established in Regents of the University of California v. Bakke.
Digital Privacy
Requirement for police to obtain warrants before searching cell phones, reinforcing privacy rights in the digital age, set in Riley v. California.
Abortion Rights
Constitutionally protected right to abortion under the right to privacy, established in Roe v. Wade, balancing state interests and women's rights.
Clear and Present Danger Test
Standard to limit free speech, particularly during wartime, if it poses a clear and present danger to national security, introduced in Schenck v. United States.
Symbolic Speech
Protection of expressive actions like flag burning under the First Amendment, as ruled in Texas v. Johnson.
Substantial Disruption Test
Evaluation standard for limiting students' free speech in schools, ensuring rights unless causing significant disruption, set in Tinker v. Des Moines.
Commerce Clause Limits
Emphasis on restricting federal power under the Commerce Clause, as reinforced in United States v. Lopez.
Fundamental Rights Determination
Consideration of historical context and national traditions in defining fundamental liberties, highlighted in Washington v. Glucksburg.
Religious Freedom Protection
Upholding the right to religious practices against state interference, balancing state interests with individual freedoms, as in Wisconsin v. Yoder.
Confrontation Clause
Defendant's right to confront accusers in court, ensuring fair legal proceedings.
Freedom of Assembly
Protection of peaceful gathering for various purposes, including social, political, and religious activities.
Freedom of Petition
Right to appeal to the government for or against policies, ensuring citizen participation.
Freedom of Press
Guarantee of circulating opinions without government censorship, safeguarding freedom of expression.
Freedom of Religion
Protection of religious practices and prohibition of government establishment of religion, safeguarding religious freedom.
Right to Privacy
Implied protection from unwarranted governmental intrusions into personal matters, ensuring individual autonomy.