POS2041 National Government Q2L4 terms

blue law

a law originally created to uphold a religious or moral standard, such

as a prohibition against selling alcohol on Sundays

civil liberties

limitations on the power of government, designed to ensure personal

freedoms

civil rights

guarantees of equal treatment by government authorities

common-law right

a right of the people rooted in legal tradition and past court rulings,

rather than the Constitution

conscientious objector

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

double jeopardy

a prosecution pursued twice at the same level of government for the same criminal action

due process clause

provisions of the Fifth and Fourteenth Amendments that limit

government power to deny people “life, liberty, or property” on an

unfair basis

economic liberty

the right of individuals to obtain, use, and trade things of value for their own benefit

eminent domain

the power of government to take or use property for a public

purpose after compensating its owner; also known as the takings

clause of the Fifth Amendment

establishment clause

the provision of the First Amendment that prohibits the government

from endorsing a state-sponsored religion; interpreted as preventing

government from favoring some religious beliefs over others or

religion over non-religion

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that

evidence obtained as a result of an illegal search or seizure cannot

be used to try someone for a crime

free exercise clause

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Miranda warning

a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights

obscenity

acts or statements that are extremely offensive by contemporary standards

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that

broadened federal powers to monitor electronic communications;

the full name is the USA PATRIOT Act (Uniting and Strengthening

America by Providing Appropriate Tools Required to Intercept and

Obstruct Terrorism Act)

plea bargain

an agreement between the defendant and the prosecutor in which

the defendant pleads guilty to the charge(s) in question or perhaps

to less serious charges, in exchange for more lenient punishment

than if convicted after a full trial

prior restraint

a government action that stops someone from doing something

before they are able to do it (e.g., forbidding someone to publish a

book he or she plans to release)

probable cause

legal standard for determining whether a search or seizure is

constitutional or a crime has been committed; a lower threshold

than the standard of proof needed at a criminal trial

right to privacy

the right to be free of government intrusion

search warrant

a legal document, signed by a judge, allowing police to search

and/or seize persons or property

selective incorporation

the gradual process of making some guarantees of the Bill of Rights

(so far) apply to state governments and the national government

self-incrimination

an action or statement that admits guilt or responsibility for a crime

Sherbert test

a standard for deciding whether a law violates the free exercise

clause; a law will be struck down unless there is a “compelling

governmental interest” at stake and it accomplishes its goal by the

“least restrictive means” possible

symbolic speech

a form of expression that does not use writing or speech but

nonetheless communicates an idea (e.g., wearing an article of

clothing to show solidarity with a group)

undue burden test

means of deciding whether a law that makes it harder for women to seek abortions is constitutional