OpenStax American Government Chapter 4, 5, 6, 7 Key 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

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

affirmative action

the use of programs and policies designed to assist groups that have historically been subject to discrimination

American Indian Movement (AIM)

the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973

black codes

laws passed immediately after the Civil War that discriminated against freed slaves and other blacks and deprived them of their rights

Brown v. Board of Education

the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and "separate but equal" to be unconstitutional in public education

Chicano

a term adopted by some Mexican American civil rights activists to describe themselves and those like them

civil disobedience

an action taken in violation of the letter of the law to demonstrate that the law is unjust

comparable worth

a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions

coverture

a legal status of married women in which their separate legal identities were erased

de facto segregation

segregation that results from the private choices of individuals

de jure segregation

segregation that results from government discrimination

direct action

civil rights campaigns that directly confronted segregationist practices through public demonstrations

disenfranchisement

the revocation of someone's right to vote

equal protection clause

a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law

Equal Rights Amendment (ERA)

the proposed amendment to the Constitution that would have prohibited all discrimination based on sex

glass ceiling

an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization—including corporations, governments, academic institutions, and religious organizations

grandfather clause

the provision in some southern states that allowed illiterate whites to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified

hate crime

harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability

intermediate scrutiny

the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women

Jim Crow laws

state and local laws that promoted racial segregation and undermined black voting rights in the south after Reconstruction

literacy tests

tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Plessy v. Ferguson

the 1896 Supreme Court ruling that allowed "separate but equal" racial segregation under the equal protection clause of the Fourteenth Amendment

poll tax

annual tax imposed by some states before a person was allowed to vote

rational basis test

the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

Reconstruction

the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union

Stonewall Inn

a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBT community there

strict scrutiny

the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Title IX

the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

Trail of Tears

the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838-1839

understanding tests

tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise black voters

white primary

a primary election in which only whites are allowed to vote

agent of political socialization

a person or entity that teaches and influences others about politics through use of information

bandwagon effect

increased media coverage of candidates who poll high

Bradley effect

the difference between a poll result and an election result in which voters gave a socially desirable poll response rather than a true response that might be perceived as racist

classical liberalism

a political ideology based on belief in individual liberties and rights and the idea of free will, with little role for government

communism

a political and economic system in which, in theory, government promotes common ownership of all property, means of production, and materials to prevent the exploitation of workers while creating an equal society; in practice, most communist governments have used force to maintain control

covert content

ideologically slanted information presented as unbiased information in order to influence public opinion

diffuse support

the widespread belief that a country and its legal system are legitimate

exit poll

an election poll taken by interviewing voters as they leave a polling place

fascism

a political system of total control by the ruling party or political leader over the economy, the military, society, and culture and often the private lives of citizens

favorability poll

a public opinion poll that measures a public's positive feelings about a candidate or politician

heuristics

shortcuts or rules of thumb for decision making

horserace coverage

day-to-day media coverage of candidate performance in the election

leading question

a question worded to lead a respondent to give a desired answer

margin of error

a number that states how far the poll results may be from the actual preferences of the total population of citizens

modern conservatism

a political ideology that prioritizes individual liberties, preferring a smaller government that stays out of the economy

modern liberalism

a political ideology focused on equality and supporting government intervention in society and the economy if it promotes equality

overt content

political information whose author makes clear that only one side is presented

political culture

the prevailing political attitudes and beliefs within a society or region

political elite

a political opinion leader who alerts the public to changes or problems

political socialization

the process of learning the norms and practices of a political system through others and societal institutions

public opinion

a collection of opinions of an individual or a group of individuals on a topic, person, or event

push poll

politically biased campaign information presented as a poll in order to change minds

random sample

a limited number of people from the overall population selected in such a way that each has an equal chance of being chosen

representative sample

a group of respondents demographically similar to the population of interest

socialism

a political and economic system in which government uses its authority to promote social and economic equality, providing everyone with basic services and equal opportunities and requiring citizens with more wealth to contribute more

straw poll

an informal and unofficial election poll conducted with a non-random population

theory of delegate representation

a theory that assumes the politician is in office to be the voice of the people and to vote only as the people want

traditional conservatism

a political ideology supporting the authority of the monarchy and the church in the belief that government provides the rule of law

ballot fatigue

the result when a voter stops voting for offices and initiatives at the bottom of a long ballot

caucus

a form of candidate nomination that occurs in a town-hall style format rather than a day-long election; usually reserved for presidential elections

chronic minority

voters who belong to political parties that tend not to be competitive in national elections because they are too small to become a majority or because of the Electoral College system distribution in their state

closed primary

an election in which only voters registered with a party may vote for that party's candidates

coattail effect

the result when a popular presidential candidate helps candidates from his or her party win their own elections

delegates

party members who are chosen to represent a particular candidate at the party's state- or national-level nominating convention

district system

the means by which electoral votes are divided between candidates based on who wins districts and/or the state

early voting

an accommodation that allows voting up to two weeks before Election Day

Electoral College

the constitutionally created group of individuals, chosen by the states, with the responsibility of formally selecting the next U.S. president

incumbency advantage

the advantage held by officeholders that allows them to often win reelection

incumbent

the current holder of a political office

initiative

law or constitutional amendment proposed and passed by the voters and subject to review by the state courts; also called a proposition

midterm elections

the congressional elections that occur in the even-numbered years between presidential election years, in the middle of the president's term

open primary

an election in which any registered voter may vote in any party's primary or caucus

platform

the set of issues important to the political party and the party delegates

political action committees (PACs)

organizations created to raise money for political campaigns and spend money to influence policy and politics

recall

the removal of a politician or government official by the voters