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Unit 5
American Government
| Term | Definition |
|---|---|
| Civil liberties | freedoms protected by the amendments |
| Civil rights | positive actions government should take to create equal conditions for all Americans |
| Civil Rights Act of 1964 | ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin; forced the south to integrate |
| Brown v. Board of Education | Supreme Court case that established separate but equal educational facilities for racial minorities is inherently unequal thereby violating the Equal Protection Clause of the Fourteenth Amendment |
| Plessy v. Ferguson | Supreme Court case that established “separate but equal” was ok. |
| Due process | steps that must be taken to protect one’s rights from the government; protected by the 5th & 14th amendments. |
| Double jeopardy | a person cannot be tried twice for the same crime; contained within the 5th amendment |
| 4th Amendment | Protects American citizens from unreasonable searches & seizures & arbitrary arrests; introduces the idea of probable cause |
| 5th Amendment | Government cannot deprive any person of life, liberty, or property without due process |
| 6th Amendment | right to a fast & speedy trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to obtain witnesses in his favor, and to have the right to an attorney |
| 14th Amendment | State & local governments cannot deprive any person of life, liberty, or property without due process; provides for ‘equal protection under the laws’ |
| Incorporation | idea that most of the protections of the Bill of Rights also apply to state governments through the 14th Amendment’s due process clause |
| Suffrage | right to vote |
| 15th Amendment | gave black males the right to vote |
| 19th Amendment | gave women the right to vote |
| 26th Amendment | gave people the right to vote at age 18 |
| Exclusionary rule | illegally obtained evidence cannot be used in court |
| Miranda v. Arizona | Supreme Court case that established one’s rights must be told to him before being questioned by law enforcement |
| Gideon v. Wainwright | Supreme Court case that established an attorney will be provided for anyone who cannot afford one. |
| Felony | a serious criminal offense that is punishable by prison, and in some cases, death |
| Misdemeanor | less serious crime that usually carries a fine &/or jail time measured in months |
| Indict | Formal charge brought by a grand jury or filed by a prosecutor |
| Grand jury | decides if there is enough evidence provided for a case to go to trial; usually consists of 23 people |
| Civil case | Disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim |
| Criminal case | case concerning the violation of a law |
| Jurisdiction | the authority of a court to hear (try & decide) a case |
| Judicial review | review by the Supreme Court of the constitutional validity of a legislative act. |
| Marbury v. Madison | Supreme Court case that established judicial review |
| Judicial activism | Judges should be able to loosely interpret the Constitution and laws based on ongoing changes in society; Constitution is a “living document”; often liberal |
| Judicial restraint | Judges should decide cases on the based on the original intent of the Framers or those who enacted the statute being questioned & that elected legislators, not appointed judges, should make law; often conservative |
| Writ of certiorari | Written request for a case that has been heard by a lower court to be reviewed by a higher court |
| Rule of Four | A case is heard by the Supreme Court if at least 4 of the 9 justices agree to hear it |
| Majority opinion | Judicial decision agreed upon by more than half of the justices |
| Concurring opinion | Judicial decision in which one or more of the justices agrees with the decision made by the majority of the court, but states different reasons as to why |
| Dissenting opinion | Judicial decision in which one or more justices disagree with the majority opinion of the court |
Created by:
dedra.burdette
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