US Gov. Ch. 10 & 11 Test Terms

New York Times v. Sullivan (1964)

Public officials must prove "actual malice" for libel claims.

Lemon v. Kurtzman (1971)

Established 3-part "Lemon Test" for laws regarding religion and the establishment clause.

US v. Miller (1939)

Ruled 2nd Amendment protects right to bear arms in context of a well-regulated militia, not all weapons.

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment's right to bear arms to the states.

Regents of the University of California v. Bakke (1978)

Struck down racial quotas in university admissions but allowed race to be one factor among many.

Civil Liberties

Basic freedoms to think and act, protected from government abuse.

Civil Rights

Rights of fair and equal status, treatment, and the right to participate in government.

First Amendment

Protects freedoms of religion, speech, press, assembly, and petition.

Establishment Clause

Part of 1st Amendment; government cannot establish an official religion or favor one over another.

Free Exercise Clause

Part of 1st Amendment; guarantees individuals' right to hold any religious beliefs.

Libel

Defamation in print; false written statements harming someone's reputation.

Defamation

False statements (spoken or written) that harm a person's reputation.

Sedition

Speech or actions that inspire revolt against the government.

Slander

Spoken defamation; false spoken statements harming someone's reputation.

Symbolic Speech

Communicating ideas through symbols and actions, generally protected by 1st Amendment.

Petition

The right to make requests to the government for a redress of grievances.

Prior Restraint

Government action to prevent materials from being published (generally unconstitutional).

Freedom Of Association

Implied 1st Amendment right to join with others, share ideas, and work toward common goals.

Second Amendment

Protects the right of the people to keep and bear Arms, linked to a well-regulated Militia.

Fourth Amendment

Protects against "unreasonable searches and seizures"; requires warrants based on probable cause.

Exclusionary Rule

Evidence obtained illegally may not be used against a person in court.

Search Warrant

Legal document authorizing police to search private property, issued upon showing probable cause.

Probable Cause

Strong likelihood that authorities will find evidence of a crime; required for search warrants.

Fifth Amendment

Protects against self-incrimination, double jeopardy; requires grand jury indictment for serious federal crimes and due process.

Double Jeopardy

Being tried twice for the same crime; prohibited by the 5th Amendment.

Indictment

A formal charge or accusation of a serious crime by a grand jury.

Miranda Warning

List of constitutional rights police must read to suspects before questioning (e.g., right to remain silent, right to an attorney).

Sixth Amendment

Guarantees rights of accused in criminal prosecutions: speedy/public trial, jury, lawyer, confront witnesses, know charges.

Eighth Amendment

Prohibits excessive bail and fines, and cruel and unusual punishments.

Capital Punishment

Punishment by death.

Bail

Money pledged by an accused person as a guarantee to return to court for trial.

Fourteenth Amendment

Granted citizenship to all born/naturalized in U.S.; guarantees all persons "due process" and "equal protection of the laws" from states.

Incorporation Doctrine (Selective Incorporation)

Supreme Court's process of applying Bill of Rights protections to state/local governments via the 14th Amendment's Due Process Clause.

Due Process Clause

(5th & 14th Amends) Forbids government from depriving anyone of "life, liberty, or property, without due process of law."

Substantive Due Process

Principle that laws themselves must be fair and just, and that some rights are fundamental.

Procedural Due Process

Requirement that government follow established and complete legal procedures before punishing a person.

Bench Trial

A trial in which the judge alone hears and decides the case (no jury).

Civil Law

Covers private disputes between people over property or relationships.

Criminal Law

System dealing with crimes (offenses against the public) and their punishments.

Police Power

Government's inherent authority to regulate behavior for the common good, limited by due process.

Treason

Crime of making war against the U.S. or giving "aid and comfort" to its enemies.

USA PATRIOT Act

Post-9/11 law expanding law enforcement's surveillance and investigative powers to prevent terrorism.

24th Amendment (1964)

Banned the use of poll taxes in federal elections.

Affirmative Action

Policy requiring employers/institutions to provide opportunities for historically underrepresented groups.

Americans With Disabilities Act (1990)

Prohibited discrimination against people with disabilities; required accessible public facilities.

Alien (Documented And Undocumented)

Non-citizen living in a country; "undocumented" means without government authorization.

Citizen

A full member of the American constitutional system with rights and responsibilities, including voting.

Civil Disobedience

Nonviolent refusal to obey laws as a way to advocate for change.

Civil Rights Act Of 1964

Banned discrimination (race, color, religion, sex, nat'l origin) in voting, employment, public accommodations.

Commerce Clause Of The U.S. Constitution

Grants Congress power to regulate interstate commerce; used as basis for some civil rights laws.

Civil Rights Act Of 1968

Banned discrimination in the sale, rental, or financing of housing.

Civil Rights Movement

1950s-60s mass movement to guarantee African American civil rights using nonviolent protest.

De Facto Segregation

Segregation "in fact" or practice, even without laws requiring it (e.g., due to housing patterns).

De Jure Segregation

Segregation by law.

Denaturalization

Legal process to revoke citizenship from someone who obtained it fraudulently.

Deportation

Legal process of forcing a noncitizen to leave a country.

Equal Pay Act (1963)

Required employers to offer equal pay to men and women doing the same work.

Expatriation

Legal process of voluntarily giving up one's citizenship.

Equal Protection Clause

(14th Amend) Requires states to apply laws the same way for all persons in similar circumstances.

Jim Crow Laws

Southern state laws (late 1800s-early 1900s) enforcing racial segregation.

Jus Sanguinis

"Law of the blood"; principle of citizenship by parentage.

Jus Soli

"Law of the soil"; principle of citizenship by birthplace.

NAACP (National Association for the Advancement of Colored People)

Civil rights organization that used legal challenges to fight segregation (e.g., Brown v. Board).

Naturalization Process

Legal process for an immigrant to become a U.S. citizen.
Steps include: lawful residence, English proficiency, good moral character,
belief in U.S. principles, favorable disposition, exam, & oath of allegiance.

Poll Tax

A tax levied on someone who wants to vote (banned by 24th Amendment for federal elections).

Quota

A fixed number or percentage (e.g., in affirmative action admissions or immigration limits).

Reverse Discrimination

Discrimination against members of a majority group, often argued against affirmative action.

Rights And Responsibilities Of Immigrants And Citizens In The U.S.

Citizens: Vote, run for office, jury duty, pay taxes, obey laws, stay informed.
Legal Immigrants: Can naturalize, must obey laws; fewer political rights than citizens.
Undocumented Immigrants: Lack legal status; subject to deportation.

Segregation/Desegregation

Segregation: The separation of racial groups.
Desegregation: Ending the formal, legal separation of groups based on race.

Separate But Equal Doctrine

(Plessy v. Ferguson) Policy that laws requiring separate facilities for racial groups were legal if facilities were "equal" (overturned for schools by Brown).

Suffrage

The right to vote.

Suspect Classification

Legal classification based on race or national origin; subject to "strict scrutiny" by courts.

Title IX (1972)

Banned discrimination against women in federally funded education programs and activities (e.g., admissions, athletics).

Political Asylum

Protection granted by a nation to someone fleeing war or political persecution in their home country.

Voting Rights Act Of 1965

Banned literacy tests and other discriminatory voting practices; allowed federal oversight of elections