goverment gordon final.docx

political socialization

Complex process by which people get their sense of political identity, beliefs, and values (family, school, media, religion, national events-all help to socialize)

political efficacy

The belief that one's political participation really matters - that one's vote can actually make a difference

political ideology

A cohesive set of beliefs about politics, public policy, and the role of government.

political culture

An overall set of values widely shared within a society

public policy

Anything the government chooses to do or not to do.

political participation

The activities used by citizens to influence political outcomes. ex. voting

formal institutions

institutions that influence behavior through laws and regulations

hyperpluralism

A theory of government and politics contending that groups are so strong that government is weakened. An exaggerated form of pluralism; groups have success not because of their size, but because of their wealth/vigor

policymaking institutions

Branches of government charged with taking action on political issues. Us constitution established three of them: congress, the president, and the courts.

linkage institutions

Institutions that connect citizens to government. The mass media, interest groups, and political parties are the three main linkage institutions.

class or elite theory

contends that our society, like all societies, is divided along class lines and that an upper-class elite will rule regardless of the formal niceties of government organizations (wealth = basis of this power)

pluralism

A theory of government that holds that open, multiple, and competing groups can check the asserted power by any one group; the more people in your group, the more influence you have

new england liberal

type of liberal who is fiscally liberal and socially liberal; ex. Bernie Sanders

southern democrat

type of liberal who is fiscally liberal but socially conservative; aka dixiecrats or blue dog democrats

neo-liberal

type of liberal who supports spreading democracy to middle east and wants to make the world safe in order to protect America

social conservative

type of conservative who is pro-life, shared traditional values; ex. Ted Cruz

neo-conservative

type of conservative who supports foreign policy and wants to reshape world for free trade and capitalism; ex. George Bush

citizen

A legally recognized member of a state or nation that is entitled to its privileges.

refugee

A person who flees their home country due to a well-founded fear of danger

alien

a foreign-born resident, or noncitizen

jus soli

The law of soil, which determines citizenship based on where a person is born.

jus sanguinis

The law of blood, which determines citizenship based on one's parents' citizenship.

enemy combatant

Enemy fighter captured on the field of battle whether or not a member of an army.

platform

a series of statements expressing the party's principles, beliefs, and positions on election issues

nation

A sense of unity binding the people of a state together; devotion to the interests of a particular country or nation, an identification with the state and an acceptance of national goals.

state

A body of people living in a defined territory who have a government with the power to make and enforce law without the consent of any higher authority.

country

an area, nation that is controlled by government

city-state

a city that with its surrounding territory forms an independent state.

GOP

the grand old party; a nickname given to the Republican Party

democracy

A system of government by the whole population or all the eligible members of a state, typically through elected representatives; the majority rules

republic

A form of government in which the people select representatives to govern them and make laws; the government rules according to law

monarchy

A government ruled by a king or queen

communism

A political system in which the government owns all property and dominates all aspects of life in a country.

capitalism

An economic system in which investment in and ownership of the means of production, distribution, and exchange of wealth is made and maintained chiefly by private individuals or corporations.

junta

a military group ruling a country after seizing power

oligarchy

A form of government in which the power to rule is held by a small, usually self-appointed elite.

fascism

A governmental system led by a dictator having complete power, forcibly suppressing opposition and criticism, regimenting all industry, commerce, etc., and emphasizing an aggressive nationalism and often racism.

totalitarianism

A form of government in which the ruler is an absolute dictator (not restricted by a constitution or laws or opposition etc.)

authoritarianism

a system of government by and for a small number of elites that does not include representation of ordinary citizens (not restricted by a constitution)

constitutional monarch

A King or Queen is the official head of state but power is limited by a constitution.

plutocracy

a government controlled by the wealthy

aristocracy

A government in which power is in the hands of a hereditary ruling class or nobility

liberty

Freedom, immunity from arbitrary exercise of authority, political independence

legitimacy

moral authority for power because we have consent of the governed, no one is above the law, and a history or success

politics

Method of maintaining, managing, and gaining control of government (who gets what, when, and how)

Foundations of American Government

Enlightenment

18th century philosophy stressing reason, and how it can be used to improve the human condition. Natural rights was a major idea that influenced Thomas Jefferson in the writing of the Declaration of Independence.

government

the institution through which a society makes and enforces its public policies

declaration of independence

1776 statement, issued by the Second Continental Congress, explaining why the colonies wanted independence from Britain.

demakratia

people-ruled government, direct democracy (Greek), the people make the policy themselves.

state of nature

The basis of natural rights philosophy; the condition of people living in a situation without man-made government, rules, or laws.

natural rights

Basic rights that are guaranteed to all persons; basic rights that a government cannot deny-Locke-life, liberty, property

articles of confederation

1st governing document of the US; created a "league of friendship" among sovereign states with weak central government; weaknesses-no executive, no judicial, no power to tax, no power to regulate trade

judicial review

the power of our courts to nullify acts of government that they deem as a violation of our constitution

social contract

an agreement in which people give power to a government in exchange for its protections

confederacy

A loose union of independent states

iron law of oligarchy

theory that power increasingly becomes concentrated in the hands of a few members of any organization

federalism

A system in which a written constitution divides power between the national and state governments

separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

rule of law

concept that government and its officers are always subject to the law

checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

bicameralism

A legislative body where power is shared by two separate chambers so that neither can act without the agreement of the other; upper: Senate; lower: House

unitary government

A centralized government in which all government powers belong to a single, central agency.

limited government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

common law

A legal system based on custom and court rulings, generally accepted ideas of right and wrong that have gained judicial recognition

written law

officials made oral laws and were never written down. Rome made written laws since only patricians knew them and people broke the law frequently since they did not know it. It was finally accessible to everybody when it was written down.

code of law

A written set of laws that apply to everyone under a government

Bill of Rights

Added after the Constitutional Convention; created to gain support of anti-Federalists; guaranteed rights of individuals; first ten amendments

Magna Carta

"the Great Charter"; a written legal agreement signed in 1215 that limited the English monarch's power

Bill of Attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

writ of habeas corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

ex post facto

a law that would allow a person to be punished for an action that was not against the law when it was committed

reserved powers

those powers that the constitution does not grant to the national government and does not deny to the states

expressed powers

Powers specifically granted to the federal government by the Constitution. For example, the Constitution gives Congress the power to coin money, impose taxes, and regulate interstate commerce; aka enumerated powers or delegated powers

divided government

Governance divided between the parties, as when one holds the presidency and the other controls one or both houses of Congress.

implied powers

Congress has powers that are not enumerated in the constitution, but they must be related to powers that are listed in the constitution; not expressed, but may be considered through the use of the Necessary and Proper (elastic) Clause

concurrent powers

powers shared by the state and federal governments

Shay's Rebellion

this conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working; uprising led by Daniel Shays in an effort to prevent courts from foreclosing on the farms of those who could not pay the taxes

amendment process

Proposed by two-thirds vote of both House and Senate. Ratified by three-fourths of the states. Article 5.

supremacy clause

The Federal constitution, laws, and treaties are the supreme law of the land. States cannot interfere with federal power (ex. McCulloch v. Maryland).

impeachment process

The House of Representatives creates the formal charges, then the Senate conducts a trial and decides whether the accused is innocent or guilty

three fifths compromise

Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.

federalists

Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They firmly believed the national government should be strong. They didn't want the Bill of Rights because they felt citizens' rights were already well protected by the Constitution.

anti-federalists

They opposed the ratification of the Constitution because it gave more power to the federal government and less to the states, and because it did not ensure individual rights. Many wanted to keep the Articles of Confederation. They were instrumental in obtaining passage of the Bill of Rights as a prerequisite to ratification of the Constitution in several states.

popular sovereignty

The concept that political power rests with the people who can create, alter, and abolish government. People express themselves through voting and free participation in government

Virginia Plan

James Madison's plan of government that included a bicameral legislature and states got a number of representatives in Congress based on their population

New Jersey Plan

proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population, and smaller states, who didn't want to be bullied by larger states.

Connecticut Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

extradition

States may return fugitives to a state from which they fled to avoid criminal prosecution at the request of the state's gov

necessary and proper clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government, aka elastic clause

liberal

collective responsibility, plurality of values, and rights of the accused and of minorities

conservative

individual responsibility, shared traditional values, and law & order

guarantee clause

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

strict constructionism

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

loose constructionism

A judicial philosophy that believes the Constitution should be interpreted in an open way, not limited to things explicitly stated.

fugitive slave clause

Article IV, Section 2, Clause 3 of the Constitution, which stated that slaves who escaped must be returned to their owners. It was later abolished in the Thirteenth Amendment

full faith and credit clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

privileges and immunities clause

citizens of each state must receive privileges and immunities of any other state in which they are in-prohibits states from discriminating against citizens of other states (some exceptions)

Senate

100 members, 2 members for each state. Members are elected every 6 years. The Vice President is the head of this body.

House of Representatives

based on population of each state, serve two year terms, one of the two parts of Congress, considered the "lower house," representatives are elected directly by the people, has the power to impeach

committee chair

always a member of the majority party; usually the person in the majority party that has been on committee the longest; their influence is not as powerful as it once was

committee system

Members of Congress are assigned to committees to investigate the merits and problems with suggested bills, sometimes holding public hearings to learn more before sending it to the full House or Senate for debate and a vote.

whip

party leader who keeps close contact with all members of his or her party, takes voting count on key legislation, prepares summaries of bills, and acts as a communications link within a party

ranking member

leader of the minority party members of the committee

majority leader

The legislative leader selected by the majority party who helps plan party strategy, confers with other party leaders, and tries to keep members of the party in line.

filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate

standing committee

A permanent committee in the House or Senate that considers bills within a certain subject area.

sub committee

A division of standing committees that specialize on certain issues.

select committee

A temporary legislative committee established for a limited time period and for a special purpose; ex. Senate Watergate Committee

joint committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

conference committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.

log rolling

A legislator supports a proposal favored by another in return for support of his or hers.

cloture

A Senate motion to end a filibuster; requires a three-fifths vote.

impeachment

Formal accusation against a president or other public official, the first step in removal from office.

franking privilege

The right of members of Congress to mail newsletters to their constituents at the government's expense.

constituency

voters represented by an elected official; group of supporters (or constituents)

power of the purse

Constitutional power given to Congress to raise and spend money

power of the sword

power to declare war/enforce laws

revenue bills

Tax bills (must originate in the House) to raise money for the government

lobbying

A strategy by which organized interests seek to influence the passage of legislation by exerting direct pressure on members of the legislature.

rules committee

A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.

ways and means committee

A permanent committee of the House of Representatives that makes recommendations to the House on all bills that would raise revenue

casework

Assistance given to constituents by congressional members, answering questions/doing favors

staffers

employees of the United States Congress or individual members of Congress. Handle casework for the congressman among other things.

trustee model

An elected representative who believes that his or her own best judgment, rather than instructions from constituents, should be used in making legislative decisions

delegate model

The view that an elected represent should represent the opinions of his or her constituents.

third party

a party that challenges the two major parties

PAC's

created for the sole purpose of raising money for particular causes and candidates.

special interests

Set of groups seeking a particular benefit for themselves in the policy process.

gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

incumbents

those already holding office. In congressional elections, these guys usually win.

precinct

The smallest unit of election administration; a voting district

plurality election

The winning candidate is the person who receives more votes than anyone else, but less than half the total.

reapportionment

Process by which representative districts are switched according to population shifts, so that each district encompasses approximately the same number of people

quorum

number of members necessary to conduct a meeting

The Political Institutions: Executive Branch

head of state

The role of the president as ceremonial head of the government.

chief executive officer

The role of the president as head of the federal bureaucracy.

chief legislator

The role of the president in influencing the making of laws.

commander in chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service

chief jurist

The role of the president to appoint judges, gives pardons, gives reprieves, and can carry out laws

chief diplomat

The role of the president in recognizing foreign governments, making treaties, and affecting executive agreements.

crisis manager

the responsibility to act as a policymaker, coordinator of resources, and point person in the wake of natural and man made disasters

economic planner

the power to control the businesses of the economy and to propose the budget

leader of the free world

The role of the president as leader of all of the world's democratic states and to negotiate on more than just the behalf of the United States.

bureaucracy

a system of government in which most of the important decisions are made by appointed officials rather than by elected representatives

executive office of the presidency

An organization of several agencies staffed by the President's closest advisors

President

Chief Executive of the United States, Head of State and Commander and Chief of the US Armed Forces. Signs or veto's bills passed to them by Congress. Must have majority of electoral votes, be a natural born citizen, be 35 years old, and 14 years a US citizen.

Vice President

has to have the same qualifications as the president and can't be born from the same state as the president; two jobs: preside over the senate and cast tie-breaking votes

cabinet

a body of advisers to the president, composed of the vice president and heads of 15 executive departments of the government.

executive agencies

independent agencies responsible for dealing with certain specialized areas within the government ex. NASA, CIA, FBI, TSA

independent regulatory agencies

Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, EPA

Quasi Independent Government Corporations

businesses run by the federal government, but function independently; ex. US Postal Service, Amtrak

bully pulpit

ability to use the office of the president to promote a particular program and/or to influence Congress to accept legislative proposals.

pardon

legal forgiveness of a crime

reprieve

the postponement of the execution of a sentence

amnesty

a blanket pardon offered to a group of law violators

electoral college

Constitutional system for electing president and vice president. Each state has electors = number of senators + representatives (DC has 3 because of 23rd Amendment). Citizens of state vote for candidate. Winner gets all electoral college votes (except Maine & Nebraska which uses proportional system). Winner of majority of electoral college votes becomes president. If no majority then President picked by House from top 3 candidates.

executive order

a rule issued by the president that has the force of law

executive agreements

a legal contract with a foreign country that requires only a presidential signature. No need for congress.

signing statements

pronouncements of how the president intends to interpret and apply a law when he signs a bill into law

veto

A formal decision to reject the bill passed by Congress.

patronage

Granting favors or giving contracts or making appointments to office in return for political support

spoils system

the practice of giving offices and other favors of government to political supporters and friends

treaty

a formal agreement between two or more sovereign states

state of the union

A yearly report by the president to Congress describing the nation's condition and recommending programs and policies

Pendleton Act

reform measure that established the principle of federal employment on the basis of open, competitive exams and created the Civil Service Commission

Hatch Act

Federal statute barring Federal employees from active participation in certain kinds of politics and protecting them from being fired on partisan grounds.

War Powers Resolution

A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval; requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension

national convention

A national meeting of delegates elected in primaries, caucuses, or state conventions who assemble once every four years to nominate candidates for president and vice president, ratify the party platform, elect officers, and adopt rules.

open primary

A primary election in which voters may choose in which party to vote as they enter the polling place

closed primary

A primary in which voters are required to identify a party preference before the election and are not allowed to split their ticket.

caucus

A meeting of local party members to choose party officials or candidates for public office and to decide the platform.

Rights and Responsibilities: Judicial Branch

district court

lowest level of federal courts, where federal cases begin and trials are held, answers questions of fact

circuit court

second stage of Federal courts, which review the trial record of cases decided in district court to ensure they were settled properly, answers questions of law

Supreme Court

ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction. Consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life.

trial court

a state court that is the first to hear a civil or criminal case; involves a hearing and decision with a single judge, with or without a jury

appellate court

a state court having jurisdiction to review cases and issues that were originally tried in lower courts.

writ of certiorari

An order by the Supreme Court saying that it will hear a certain case (rule of 4). Granted in cases that raise important constitutional questions or where circuit courts have reached different opinions on a particular issue.

writ of mandamus

written order from a court to enforce the performance of some public duty

amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

venue

The geographical district in which an action is tried and from which the jury is selected.

grand jury

a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial.

petite jury

The trial jury, usually consisting of 12 people, who decides guilt or innocence

judicial activism

A philosophy of judicial decision-making whereby judges allow their personal views about public policy (liberal or conservative) to guide their decisions.

The Court should play an active role in determining national policies.

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

judicial minimalism

the court shouldn't even hear cases unless they absolutely have to (SC only hears about 65-75 cases per year)

rule of four

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

plea bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

evolving constitution

A way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than the text alone. AKA living constitution

originalism

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view. AKA textualism

Marshall Court

contributed to the growth of judicial review and supported federal power; the first justice to introduce a single majority opinion

dual court system

The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level.

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

plurality opinion

The opinion from a group of justices, often in an appellate court, in which no single opinion received the support of a majority of the court. It did not receive the support of half the justices, but received more support than any other opinion.

appellate jurisdiction

The authority of a court to review decisions made by lower courts.

original jurisdiction

The power of a court to hear a case first, before any other court

Warren Court

the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism; the decisions of the Supreme Court in the 1960s which supported civil rights, civil liberties, voting rights, and personal privacy

Burger Court

more conservative than the Warren court, but several of its decisions angered conservatives (Roe v. Wade, racial balance in schools, anti-death penalty ruling)

Rehnquist Court

a conservative jurist and his stewardship over the court reflected a court of judicial restraint and conservative tendencies, cutting back on the rights of the accused, and expanding the concept of federalism.

Roberts Court

a supreme court that favored national power in areas such as immigration and health care; had a conservative majority and limited Congress' power to force states to expand Medicaid

stare decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

per curium

unsigned, it explains what the court agrees on, represents the Court as a whole, a brief unsigned statement of the court's opinion.

associate justice

One of the eight justices of the Supreme Court who are not the chief justice

chief justice

Head of the Supreme Court.

plaintiff

A person or party filing a lawsuit

defendant

an individual or group being sued or charged with a crime

petitioner

a party that lodges a complaint against another party, the respondent, aka plaintiff

Case Law

incorporation doctrine

the Supreme Court ruling that most guarantees in the Bill of Rights are applicable to the states through the 14th Amendment

establishment clause

clause in the First Amendment that says the government may not establish an official religion. Lemmon v Kurtzman

free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion. Wisconsin v Yoder

affirmative action

any program designed to rebalance the inequalities of history for a suspect class, ex. Native Americans, women. Califorina v Bakke, Adarand Co. v Pena, and Michigan University cases

pure speech

protected, only words, closest to free speech

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

reverse discrimination

Discrimination against a majority group such as whites or males. using race and sex to give preferential treatment to minorities. California v Bakke

fighting words

Words that by their very nature inflict injury on those to whom they are addressed or insight them to acts of violence.

in loco parentus

In place of the parents, indicating a person who may give consent for care of a child when the parents are not present or able to give consent. New Jersey v TLO

interstate commerce

trade and other business dealings that cross state lines. Heart of Atlanta Motel v US

intrastate commerce

commerce occurring within one state which cannot be regulated by the federal government

defamation

Act of harming or ruining one's reputation through slander or libel. New York Times v Sullivan

compelling public interest test

used to weigh the needs of society vs legitimate needs of religion. Gonzales v UDV and Wisconsin v Yoder

slander

Spoken defamation

libel

A written defamation of a person's character, reputation, business, or property rights.

bad tendency test

Interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.

Lemmon Test

1. law must be secular

2. neutrality of law

3. no excessive entitlement (coins, pledge)

time, place, and manner test

limits speech based on when, where, and how it occurs

1. must be content neutral

2. must reflect a compelling public interest

3. must be narrowly tailored

4. may not create a chilling effect on speech

inevitable discovery

Exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means. Nix v Williams

prior restraint

prevention of material from being published. New York Times v US and Hazelwood v Kuhlmeier

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct. Mapp v Ohio

good faith exception

an error in gathering evidence sufficiently minor that it may be used in a trial. Herring v US

coercion test

examination of a religious practice to determine whether pressure is applied to force individuals to participate. Greece v Galloway

expectation of privacy

any place that a reasonable person would not deem as private isn't and requires no warrant for search

sliding scale test

three variables must be examined before a school can search

1. immediacy of contraband

2. vulnerability of subject

3. directness of the inception

hecklers veto

public veto of a speakers message with which you disagree, robs us of the ability to make up our own minds about an issue and silence the free expression of ideas.

eminent domain

Allows the govt to take property for public use but also requires the govt to provide just compensation for that property. Kelo v New London

bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

clear and present danger

Government can interfere with speech if it will lead to evil or illegal acts. Brandenburg v Ohio

Jim Crow laws

Laws designed to enforce segregation of blacks from whites. Plessy v Fergusen

de jure

segregation that is imposed by law

de facto

segregation by custom and tradition

procedural due process

we make rules ahead of time and must live up to those rules; makes fairness possible, but doesn't guarantee it; the requirement that government follow certain procedures before punishing a person

substantive due process

the rules unto themselves must be fair, shocks the conscience (we don't execute juveniles because it shocks the conscience if we did), requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

search warrant

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

probable cause

The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence. Riley v California

reasonable suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity. New Jersey v TLO

minimum scrutiny

mere reasonableness; government action to restrict speech/press is valid if it involves any legitimate government interest that is not overboard. Tinker v Des Moines

medium scrutiny

discrimination against gender; in order to discriminate on the basis of gender, there must be a rational reason on gender itself. Reed v Reed

strict scrutiny

Supreme Court rule that classification by race and ethnic background is inherently suspect and must be justified by a "compelling public interest."