Chapter 2 Vocabulary
Law 047 with Slade at University of Iowa
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republic
a system of government with the supreme power in the people
constitutionalism
the principles of constitutional government, adherence to them, including, notably, restrictions and limitations on government power
arbitrary and capricious
action taken impulsively or in bad faith and without good or valid reason
natural law
the higher law believed to be above and beyond man's power to change
natural rights
inalienable rights of every human being that exist by virtue of natural law, notably to life, liberty, and property
positive law
law enacted by governmental authority
judicial review
power of the U.S. Supreme Court to declare unconstitutional an act of Congress, a presidential order, or a state law
separation of powers
the granting of the various powers of government among three brances so that each branch checks the other two
federalism
a form of government consisting of a union of more or less self-governing states under an umbrella of federal government
writ of habeas corpus
a formal written order that an arrestee be brought before a court
bill of attainder
act of the legislature inflicting capiital punishment upon a named person or member of a specific group without trial and conviction
ex post facto laws
a statute that retroactively makes previously lawful conduct a crime
initiative process
an electoral process for making new statutes of changing the constitution by filing appropriate formal petitions to be voted upon by legislature or the total electorate
referendum
a democratic process whereby a state legislature submits proposed or existing laws to the electorate for approval or rejection
recall
a democratic process for removing public officials from their elective positions by a vote of the people taken after filing of a petition signed by the required number of qualified voters
police power
the inherent power of the government to make laws and impose reasonable regulations for the health, safety, morals, or general welfare of the public
supremacy doctrine
any state of federal law that is inconsistent with the U.S. Constitution is null and void
commerce
the exchange of goods or commodities for payment in cash, credit, services, or other goods
commerce clause
a part of the U.S. Constitution that provides Congress with the power to pass laws to provide for trade with foreign countries and among states
interstate
activitiy that crosses state boundaries
intrastate
activity that occurs entirely within a state's boundaries
Bill of Rights
the first 10 amendments to the U.S. Constitution
due process
the requirement that legal proceedings comply with the U.S. Constitution
equal protection
the clause in the 14th Amendment to the U.S. Constitution declaring that "no state shall...deny to any person within its jurisdiction the equal protection of the laws"
incorporation doctrine
the Supreme Court's utilization of the 14th Amendment to find Bill of Rights limitations on state and local governments
First Amendment
Congress shall make no law respecting an establishment of religion, abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government
prior restraing
restraings on a publication before it is actually published
commercial speech
oral, written, and other forms of communication used in advertising and other business activities
hate speech
words spoken, written, or symbolized that express irrational and false ideas that insult and demean certain persons or classes of persons
exclusionary rule
the court-made rule that precludes the use in criminal court proceedings of any evidence improperly obtained by the prosecution
affirmative action
policies and practives designed to assure employment of women and of minoritie until their percentages in the workforce approximate their percentages in the community
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