Government Terms - Chapter 4

Individual rights protected by the Constitution against the powers of the government.

An order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in prison.

A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial.

A criminal law that punishes individuals for committing an act that was legal when the act was committed but that has since become a crime.

The constitutional guarantee, set out in the Fifth and Fourteenth Amendments, that the government will not illegally or arbitrarily deprive a person of life, liberty, or property.

The requirement that the government use fair, reasonable, and standard procedures whenever it takes any legal action against an individual; required by the Fifth and Fourteenth Amendments.

The section of the First Amendment that prohibits Congress from passing laws “respecting an establishment of religion.” Issues concerning the establishment clause often center on prayer in public schools, the teaching of fundamentalist theories of creation, and government aid to parochial schools.

The provision of the First Amendment stating that the government cannot pass laws “prohibiting the free exercise” of religion. Free religious practices that conflict with established laws.

A three-part test enunciated by the Supreme Court in the 1971 case of Lemon v. Kurtzman to determine whether government aid to parochial schools is constitutional. To be constitutional, the aid must (1) be for a clearly secular purpose; (2) in its primary effect, neither advance nor inhibit religion; and (3) avoid an “excessive government entanglement with religion.” The Lemon test has also been used in other types of cases involving the establishment clause.

An educational certificate, provided by the government, that allows a student to use public funds to pay for a private school chosen by the student or his or her parents.

The expression of beliefs, opinions, or ideas through forms other than speech or print; speech involving actions and other nonverbal expressions.

The practice of spying on behalf of a foreign power to obtain information about government plans and activities.

A destructive act intended to hinder a nation’s defense efforts.

As enunciated in Article III, Section 3, of the Constitution, the act of levying war against the United States or adhering (remaining loyal) to its enemies.

Speech that urges resistance to lawful authority or that advocates the overthrowing of a government.