Unit 3 & 5

Question 1

An organization seeking to achieve political power by electing members to public office so that its political philosophy is reflected in public policy.

Answer 1

political party

Question 2

Under U.S. constitutional law, the second highest level of scrutiny used by courts reviewing federal law for constitutional legitimacy. “Super strict scrutiny” is the highest level.

Answer 2

strict scrutiny

Question 3

Section 1 of the Fourteenth Amendment providing for “the equal protection of the laws.” It has been used to prevent states from treating individuals unfairly because of their race, national origin, citizenship status, or gender. It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.

Answer 3

Equal Protection Clause

Question 4

The process through which the U.S. Supreme Court has applied the due process clause of the Fourteenth Amendment to extend the reach of the Bill of Rights to include protection from interference by states.

Answer 4

incorporation

Question 5

See basic rights. Basic rights - Fundamental rights such as those to life, liberty, and property. These are called basic rights because they are considered more important than other, non-basic rights, such as the right to dispute a parking ticket.

Answer 5

fundamental rights

Question 6

Judicial interpretations of the due process clauses of the U.S. Constitution requiring the content of law to be fair and reasonable.

Answer 6

substantive due process

Question 7

The principle that government must respect all, not some, of a person’s legal rights. Government must not subject individuals to unreasonable, unfair, or arbitrary treatment.

Answer 7

procedural due process

Question 8

The principle that government must respect all, not some, of a person’s legal rights. Government must not subject individuals to unreasonable, unfair, or arbitrary treatment.

Answer 8

procedural due process

Question 9

A requirement stated in the Fifth and Fourteenth Amendments that treatment by state and federal governments in matters of life, liberty, or property of individuals be reasonable, fair, and follow known rules and procedures. See procedural due process and substantive due process

Answer 9

due process of law

Question 10

The power of the courts to declare laws and actions of the local and state governments or the national government invalid if they are found to contradict the U.S. Constitution.

Answer 10

judicial review

Question 11

A change in or addition to a legal document.

Answer 11

amendment

Question 12

Part of the right to a fair trial, allowing for the defendant to be assisted by an attorney, and if the defendant cannot afford counsel, requiring that the state appoint an attorney or pay the defendant’s legal fees.

Answer 12

right to counsel

Question 13

The inherent power of the state to seize a citizen’s private property or to expropriate property or rights in property without the owner’s consent. The Fifth Amendment to the U.S. Constitution provides for “just compensation” for private property taken for public use, known as the “takings clause.”

Answer 13

eminent domain

Question 14

A panel of jurors designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to warrant trial. Contrasted with the “petite jury,” usually composed of twelve people, of an ordinary trial.

Answer 14

grand jury

Question 15

The rule established by the U.S. Supreme Court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in a trial.

Answer 15

exclusionary rule

Question 16

Reasonable grounds for presuming that a crime has been or is in the process of being committed. Provided for in the Fourth Amendment.

Answer 16

probable cause

Question 17

An order by a judge authorizing a police officer to make an arrest or search or perform some other designated act.

Answer 17

warrant

Question 18

The legal claim that allows citizens to urge their government to correct wrongs and injustices or to take some other action.

Answer 18

right to petition

Question 19

The freedom to meet with others for political or any other lawful purposes.

Answer 19

right to associate

Question 20

The right or legal claim provided for in the First Amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings, especially in a political context.

Answer 20

right to assemble

Question 21

Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others.

Answer 21

time, place, and manner restrictions

Question 22

The part of the First Amendment stating that Congress shall make no laws that prevent people from holding whatever religious beliefs they choose or that unfairly or unreasonably limit the right to practice religious beliefs.

Answer 22

free exercise clause

Question 23

The part of the First Amendment that prohibits the government from declaring an official religion.

Answer 23

establishment clause

Question 24

Those rights that prohibit government from acting in certain ways; rights that are not to be interfered with.

Answer 24

negative rights

Question 25

Those rights that require overt government action, as opposed to negative rights that require government not to act in specified ways. Examples of positive rights are those to public education and, in some cases, to medical care, old age pensions, food, or housing.

Answer 25

positive rights

Question 26

Moral or legal claims justified in ways that are generally accepted within a society or the international community.

Answer 26

rights