Am Gov Exam 2 Flashcards
(114 cards)
bill of rights
first ten amendments to US constitution
fundamental right
constitutional right that is so important that government cannot restrict it unless it can demonstrate a compelling or overriding public interest for doing so
parental choice
educational reform aimed at improving the quality of schools by allowing parents to select the school their children will attend
hate-crime laws
legislative measure that increases penalties for persons convicted of criminal offenses motivated by prejudice based on race religion national origin gender or sexual orientation
libel
false written statements
slander
false spoken statements
prior restraint
government action prevent the publication or broadcast of objectionable material
due process of law
constitutional principle holding that government must follow fair and regular procedures in action that could lead to an individuals suffering loss of life liberty or property
warrant
n official authorization issued by a judicial officer
probable cause
reasonable suspicion based on evidence that a particular search will uncover contraband
exclusionary rule
judicial doctrine stating that when the police violate an individuals constitutional rights the evidence obtained as a result of police misconduct or error cannot be used against the defendant
miranda warning
before questioning accused persons must be warned that 1 they have a right to remain silent 2 that any statements they give may be used against them 3 that they are entitled to the presence of an attorney either retained or appointed
double jeopardy
government trying a criminal defendant a second time for the same offense after an acquittal in an earlier prosecution
civil rights
protection of the individual from arbitrary or discriminatory acts by government or by individuals based on that persons group status such as race or gender
suspect classifications
distinctions among persons that must be justified on the basis of a compelling government interest that cannot be achieved in a less restrictive fashion
race ethnicity or citizenship status
gender is not one but must be exceedingly persuasive justification
strict judicial scrutiny
judicial decision rule holding that the Supreme Court will find a government policy unconstitutional unless the government can demonstrate a compelling interest justifying the action
Jim Crows laws
legal provisions requiring the social segregation of african americans in separate and generally unequal facilities
separate but equal
judical doctrine holding that separate facilities for whites and african americans satisfy the equal protection requirement of the fourteenth amendment
test case
lawsuit initiated to assess the constitutionality of a legislative or executive act
paid prepared for and presented by an interest group
de jure segregation
racial separation required by law
de facto segregation
racial separation resulting from factors other than law such as housing patterns
sufferage
right to vote
disfranchisement
denial of voting rights
white primary
electoral system used in the south to prevent the participation of african americans in the democratic primary