Rights to Life, Liberty, and Property Flashcards
Naturalization
A legal action conferring citizenship on an alien
Dual Citizenship
CItizenship in multiple nations
Right of Expatriation
The right to renounce one’s citizenship
Property Rights
The rights of an individual to own, use, rent, invest in, buy, and sell property
Contract Clause
Clause of the Constitution (Article 1, Section 10) originally intended to prohibit state governments from modifying contracts made between individuals; for a while interpreted as prohibiting state governments from taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state governments from exercising their police powers
Police Powers
Inherent Powers of state governments to pass laws to protect the public health, safety, and selfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers
Eminent Domain
Power of a government to take private property for public use; the US Constitution gives national and state governments this power and requires them to provide just compensation for property so taken
Regulatory Taking
Government regulation of property so extensive that government is deemed to have taken the property by the power of eminent domain, for which it must compensate the property owners
Due Process
Established rules and regulations that restrain government officials
Procedural Due Process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power
Substantive Due Process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do
Search Warrant
A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized
Racial Profiling
Police targeting of racial minorities as potential suspects of criminal activities
Exclusionary Rule
Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial
Immunity
Exemption from prosecution for a particular crime in return for testimony pertaining to the case
Grand Jury
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment
Indictment
A formal written statement from a grand jury charging an individual with an offense; also called a true bill
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 more serious offense
Petit Jury
A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action
Double Jeopardy
Trial or punishment for the same crime by the same government; forbidden by the Constitution
Community Policing
Assigning police to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities