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Government Ch. 4 Gov

American Gov't : Power & Purpose by Lowi, Ginsberg - Gillette College -Sheridan-

TermDefinition
Civil Libertie The protectors of the citizens from improper gov’t action.
Civil Rights The legal or moral claims that citizens are entitled to make on the gov’t.
Exclusionary Rule The ability of the court to exclude evidence obtained in violation of the 4th Amendment.
Miranda Rule Then convention derived from the Supreme Court’s 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed to their legal rights, including their right to counsel, before undergoing police interrogation.
Establishment Clause The 1st Amendment clause that says, “Congress shall make no law respecting an establishment of religion.” This clause means that a wall of separation exists between church and state.
Lemon Test Rule articulated in Lemon v. Kertzman - governmental action in respect to religion is permissible if it is secular in purpose, does not lead to “excessive entanglement” with religion, and neither promotes nor inhibits the practice of religion.
Speech Plus Speech accompanied by activities such as sit-ins,picketing,demonstrations. Protection of this form of speech under 1st Amendment is conditional,restrictions imposed by state or local authorities are acceptable if balanced by considerations of public order
Prior Restraint an effort by a gov’t agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the US the courts forbids prior restraint except under the most extraordinary circumstances.
Libel A written statement make in “reckless disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”.
Slander An oral statement made in “reckless disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”.
Fighting Words Speech that directly incites damaging conduct.
Right to Privacy The right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions, (And homosexuality is NOT illegal)
Equal Protection Clause The provision of the 14th Amendment guaranteeing citizens “the equal protection of the laws.” This clause has been the basis for the civil rights of African Americans, women, and other groups.
“Separate but Equal” Rule The doctrine that public accommodations could be segregated by race but still be legal.
De Jure Segregation Racial segregation that is a direct result of law or official policy.
De Facto Segregation Racial segregation that is not a direct result of law or gov’t policy but is, instead, a reflection of residential patterns, income distributions, or other social factors.
Intermediate Scrutiny The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitution.
Affirmative Action A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities.
Created by: BerScott
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