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