Unit 2 Key Terms Flashcards
the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
Due Process
a representative political system in which authority comes from the people and is exercised by elected officials
Republican government
those powers of the national government that are specifically listed in the U.S. Constitution
Enumerated powers
those powers of the national government, and particularly of Congress, that are not specifically listed in the Constitution, but which the government can reasonably claim as part of its governing responsibility
Implied powers
a clause in Article 1, Section 8 of the U.S. Constitution, which says that Congress can “make all laws which shall be necessary and proper” for carrying out its duties; also known as the Elastic Clause
Necessary and Proper Clause/Elastic Clause
the right of accused persons to be brought before a judge to hear the charges against them
Habeas Corpus
a clause in Article VI of the U.S. Constitution, stating that it is the “supreme Law of the Land”; this means that federal law supersedes all state and local laws
Supremacy Clause
the government’s right to take private property for public use, as long as fair compensation is paid; the right to fair compensation is guaranteed under the Fifth Amendment
Eminent Domain
a system in which each branch of government can limit the power of the other branches
Checks and balances
the power of the president to reject a bill and send it back to Congress
Veto power
a political system in which power is divided between a central government and smaller regional governments
Federalism
powers granted to the national government rather than to the states under the U.S. Constitution
Delegated powers
powers kept by the states under the U.S. Constitution
Reserved powers
powers shared by the federal and state governments under the U.S. Constitution
Concurrent powers
a clause in Article 1, Section 8 of the U.S. Constitution that allows Congress to regulate trade with other nations and among the states
Commerce clause
a system of judges and courts that is separate from other branches of government
Independent judiciary
what the framers of the U.S. Constitution meant or were trying to achieve when they wrote the original document
Original intent
a decision by a court that serves as an example or guide for future decisions
Precedent
a literal approach to interpreting the U.S. Constitution, using the exact words of the document
Strict construction
an approach to interpreting the U.S. Constitution that relies primarily on the original language of the document and the perceived intent of the framers; also known as strict construction
Originalism
a flexible approach to interpreting the U.S. Constitution, taking into account current conditions in society
Loose construction
an approach to interpreting the U.S. Constitution that takes modern values and social consequences into account; also known as loose construction
Interpretivism
the power of the courts to declare laws and executive acts unconstitutional
Judicial review
a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution
Marbury v. Madison
a landmark case that affirmed the supremacy of the national government over the states and upheld the implied powers of Congress under the Constitution
McCulloch v. Maryland
a case reaffirmed the rule of law as a key principle of American government
United States v. Nixon
the right to keep internal discussions and documents of the White House private
Executive Privilege
basic freedoms guaranteed under the U.S. Constitution, such as freedom of speech and freedom of religion
Civil liberties
guarantees of equal rights and equal treatment under the law, such as trial by jury and voting rights
Civil rights
a clause in the Fourteenth Amendment declaring that no state may deny “equal protection of the laws” to any person within that state
Equal protection clause
the process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
Incorporation
a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.
Brown v. Board of Education
not religious or spiritual in nature
Secular
publishing false information about someone with intent to cause harm
Libel
orally spreading false information about someone with intent to cause harm
Slander
conduct that conveys a message without spoken words
Symbolic speech
an attempt by government to prevent the publication or broadcast of material considered harmful
Prior restraint
reasonable suspicion of criminal behavior
Probable cause
statements, usually made under oath, suggesting that the person speaking is guilty of a crime
Self-Incrimination
the prosecution of a person a second time for a crime for which the defendant has already been tried once and found not guilty; prohibited under the Fifth Amendment
Double Jeopardy
a clause in the Fifth Amendment that prohibits the government from taking private property for public use “without just compensation”
Takings clause
the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves
Gideon v. Wainwright
money given over to a court in exchange for a criminal suspect’s release from jail until his or her trial begins
Bail
the imposition of the death penalty on a person by the state
Capital punishment
rights not specifically listed in the Bill of Rights but given general protection under the Ninth Amendment
Unenumerated rights
