Chapter 2 Terms Flashcards
(21 cards)
Bill of Rights
first 10 amendments to the U.S. Constitution
Bills of Attainder
legislative acts directed against an individual or group of individuals imposing punishment without trial.
Constitutional Democracy
a constitutional system that limits the powers of the government.
Equal Protection
the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals equal protection of the law.
Ex Post Facto Laws
laws declaring an act criminal following the commission of the act.
Fighting Words
insulting words causing a breach of the peace.
First Amendment
protects freedom of expression, assembly, and the exercise of religion and prohibits the establishment of a religion.
Hate Speech
speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences.
Incitement to Violent Action
words provoking individuals to breach the peace
Incorporation Theory
the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution is interpreted to include most of the rights contained in the Bill of Rights and extends these protections to the states.
Intermediate Level of Scrutiny
classifications based on gender must be factually related to differences based on gender and must be substantially related to the achievement of a valid state objective.
Libel
a civil action for words that harm an individual’s reputation.
Minimum Level of Scrutiny Test
law presumed constitutional so long as reasonably related to a valid state purpose.
nullum crimen sine lege, nulla poena sine lege
no crime without law, no punishment without law.
Overbreadth
a statute that is unconstitutionally broad and punishes both unprotected speech or conduct and protected speech or conduct.
Privacy
the constitutional right to be free from unjustified governmental intrusion into the sphere of personal autonomy.
Rational Basis Test
a law is presumed valid so long as it is reasonably related to a valid state purpose.
Rule of Legality
individual may not be punished for an act that was not criminally condemned in a statute prior to the commission of the act.
Strict Scrutiny Test
the state has the burden of demonstrating that a law employing a racial or ethnic classification is strictly necessary to accomplish a valid objective.
True Threat
a threat of bodily harm directed against an individual or a group of individuals.
Void for Vagueness
a law violates due process that fails to clearly inform individuals of what acts are prohibited and/or fails to establish clear standards for the police.
