bill of attainder–trial by legislature rather than court system
civil liberties–limitations on the power of government, designed to ensure personal freedoms; basic freedoms possessed by all human beings; right to life, liberty, and property (pursuit of happiness); unalienable rights
civil rights–guarantees of equal treatment by government authorities; how much freedom ruling authority protects or denies individuals and whether that authority is exercised equitably
commercial speech–does not receive the same level of free speech protection because companys or individuals are seeking to make a profit; in order to accomplish this goal, they may not mislead the public or make untrue claims about their product(s)
common-law right–a right of the people rooted in legal tradition and past court rulings, rather than the Constitution
compelling interest–before a right may be curtailed by law the government must provide a compelling interest or very good reason for doing so
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
ex post facto law–after the fact; laws enacting retroactive punishment
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
habeas corpus–present the body; government may not suspend due process protections; government may not hold an individual indefinitely without acknowledging charges against the individual
libel–written defamation of character; written false information with intent to harm another person
Miranda warning–a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights
natural law–a set of universal principles and rules that properly govern moral human conduct; the preexisting law of nature, which human beings can discover through their capacity for rational analysis
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
positive law–human made rules and regulations; human agreed upon contracts and constitutions
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
self-incrimination–an action or statement that admits guilt or responsibility for a crime
slander–spoken defamation of character; spoken false information with an intention to harm another individual
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)
unalienable rights–basic freedoms possessed by all human beings; right to life, liberty, and property (pursuit of happiness); inseparable
undue burden test–a means of deciding whether a law that makes it harder for women to seek abortions is constitutional
CHAPTER 5
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
Americans with Disabilities Act–(ADA) greatly expanded opportunities and protections for people of all ages with disabilities
Brown v. Board of Education–the 1954 Supreme Court ruling that struck downPlessy v. Ferguson and declared segregation and “separate but equal” to be unconstitutional in public education
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
Dawes Severalty Act–another effort to assimilate Indians to white society, divided reservation lands into individual allotments
de factosegregation–segregation that results from the private choices of individuals
de juresegregation–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
Dred Scott v. Sandford–the Court’s majority stated that Scott had no legal right to sue for his freedom because blacks (whether free or slave) were not and could not become U.S. citizens; Scott lacked the standing to even appear before the court; court also held that Congress lacked the power to decide whether slavery would be permitted in a territory that had been acquired after theConstitution was ratified, in effect prohibiting the federal government from passing any laws that would limit the expansion of slavery into any part of the West
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
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
Jones Act–granted U.S. citizenship to Puerto Ricans
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
Loving v. Virginia–the Supreme Court ruling overturning Virginia law against interracial marriage
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
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
United Farm Workers(UFW)–a union for migrant workers; strike against grape growers in Delano, California, in 1965; adopted the tactics of the African American civil rights movement
white primary–a primary election in which only whites are allowed to vote
CH 6 agent of political socialization–a person or entity that teaches and influences others about politics through use of information
beliefs–the tenets or convictions that people hold to be true
capitalism–economic system, a market based economy, free markets
communism/communist–a political and economic system ideology where government promotes common ownership of all property, means of production, and materials to prevent the exploitation of workers; in practice, most communist governments use force to maintain control
conservatism/conservative–a political ideology that prioritizes individual liberties, preferring a smaller government that stays out of the economy
democratic principles–belief that people should be in control of government
egalitarianism— the belief that everyone should be treated equally by the government
exit poll–an election poll taken by interviewing voters as they leave a polling place
fascism/fascist–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
ideal culture–the standards society would like to embrace and live up to
ideology–beliefs and values shared by members of a group
individualism–independence of the individual, each individual has value regardless of any factor of birth or circumstance
leading question–a question worded to lead a respondent to give a desired answer
liberalism/liberal–a political ideology based on belief in government intervention to support increased economic equality and less control of personal belief and behavior
libertarianism/libertarian–a political ideology which supports individual rights and limited government intervention in private life and personal economic decisions
liberties–freedoms possessed because an individual is a human being with reasoning capabilities; life, liberty and property; basic freedoms
margin of error–a number that states how far the poll results may be from the actual preferences of the total population of citizens
moderate/centrist–assumed to share some beliefs from Liberalism and Conservatism
partisanship–strong support, or even blind allegiance, for a particular political party
political ideology–a consistent set of political beliefs and attitudes shared by a group about what government should do: its purposes and scope
political socialization–the process of learning the norms and practices of a political system through others and societal institutions
populism/populist–a political ideology which supports the rights of the people and control of government by the people
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
real culture–the way society actually is
representative sample–a group of respondents demographically similar to the population of interest
socialism/socialist–a political and economic system in which government uses its authority to promote social and economic equality
statism/statist–the state is the highest arbiter of the scope of government intervention and law
straw poll–an informal and unofficial election poll conducted with a non-random population
tracking poll–poll conducted repeatedly over a period of time; usually following an incumbent office holder (like the president) or a policy issue; making trends observable
values–a culture’s standard for discerning or determining what is good and just in society