Unit 1 Flashcards
due process
the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
republican gov.
a representative political system in which authority comes from the people and is exercised by elected officials
checks and balances
a system in which each branch of gov. can limit the power of the other branches
federalism
a system of gov. in which power is divided between a central gov. and smaller regional gov.
independent judiciary
a system of judges and courts that is separate form other branches of gov., not contolled by politicians and can exercise independent judgment
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 ultimate judge is the Supreme Court
civil liberties
basic freedoms that are guaranteed under the Constitution, these rights are protections from governmental intrusion or abuse
civil rights
guarantees of equal rights and equal treatment under the law, the gov. must provide these to its citizens, such as voting rights
incorporation
the process by which the Supreme Court applies the Bill of Rights to the states through the 14th Amendment
libel
publishing false info. about someone with intent to cause harm
slander
verbally spreading false info. about someone with intent to cause harm
prior restraint
an attempt by gov. 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
double jeopardy
the prosecution of a person a second time for a crime the defendant has already been tried once and found not guilty.
the establishment clause
guarantees the separation of church and state
the free exercise clause
establishes that all people are free to follow the religious practices of their choice
symbolic speech
conduct that conveys a message without spoken words