Chapter 4,5 exam Flashcards
Due process
The principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
Republican government
A representative political system in which authority comes from people and is exercised by elected officials
Checks and balances
A system in which each branch of government can limit the power of the other branches
Federalism
A system of government in which power is divided between a central government and smaller regional governments
Independent judiciary
A system of judges and courts that is separate from other branches of government. Such a judiciary is not controlled by politicians and can exercise independent judgement
Strict construction
A literal approach to interpreting the Constitution, using the exact words of the document
Loose construction
A flexible approach to interpreting the Constitution, taking into account current conditions in society.
Judicial review
The power of the courts to declare laws and executive acts unconstitutional. The Supreme Court is the ultimate judge of whether a government action conforms to the Constitution
Civil liberties
Basic freedoms that are guaranteed under the Constitution, such as freedom of speech and freedom of religion. These rights are protections from governmental intrusion or abuse.
Civil rights
Guarantees of equal rights and equal treatment under the law. Unlike civil liberties, civil rights are not protections from government abuse, but rights that government must provide to its citizens, such as trial by jury and voting rights.
Incorporation
The process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
Libel
Publishing false information about someone with intent to cause harm
Slander
Orally spreading false information about someone with intent to cause harm
Prior restraint
An attempt by government to prevent the publication or broadcast of material considered harmful
Self-incrimination
Statements, usually made under oath, suggesting that the person speaking is guilty of a crime