Words

Legal words in plain English. On any page, tap an underlined word to see its meaning.

A

actively contested

Our label for questions that judges and lawyers still disagree about, which the Supreme Court has not fully settled.

amendment

A formal change or addition to the Constitution. There have been 27.

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apportionment

Dividing seats in the House of Representatives among the states based on population, as counted in the census.

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arrest

When police take you into custody because they believe you committed a crime.

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B

bail

Money or conditions a court sets so a person charged with a crime can stay out of jail before trial.

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Bill of Rights

The first 10 amendments to the Constitution, ratified in 1791.

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birthright citizenship

U.S. citizenship a person gets by being born on U.S. soil, under the 14th Amendment.

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C

census

The official count of everyone living in the United States, taken every 10 years.

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checks and balances

Ways each branch of government can limit the others, such as the veto, Senate approval of judges, and judicial review.

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citizen

A legal member of the nation. The 14th Amendment makes people born or naturalized in the U.S., and subject to its jurisdiction, citizens.

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commerce clause

The part of Article I that lets Congress regulate trade with other countries, among the states, and with Native American tribes.

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Congress

The lawmaking branch of the federal government. It has two parts: the Senate and the House of Representatives.

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cruel and unusual punishment

Punishment the 8th Amendment forbids, such as punishment courts find barbaric or far out of proportion to the crime.

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custody

Being under arrest, or held so that a reasonable person would not feel free to leave. It matters for Miranda warnings.

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D

detained

Held by police for a period of time, so you are not free to leave, even if you are not under arrest.

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double jeopardy

Being tried or punished twice for the same crime by the same government. The 5th Amendment forbids it.

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due process

Fair procedures the government must follow before it takes away your life, liberty, or property.

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E

Electoral College

The system that chooses the president. Each state gets electors equal to its number of senators plus House members.

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eminent domain

The government's power to take private property for public use. The 5th Amendment requires it to pay a fair price.

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enumerated powers

Powers the Constitution lists in writing for the federal government, mostly for Congress in Article I, Section 8.

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equal protection

The 14th Amendment rule that states must treat people equally under the law.

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establishment clause

The First Amendment rule that the government cannot set up an official religion. Courts debate exactly how far it reaches.

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executive order

A written directive from the president telling federal agencies what to do. Courts can strike one down if it conflicts with the Constitution or law.

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F

federalism

The sharing of power between the national government and the state governments.

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free exercise clause

The First Amendment protection of your right to practice your religion, or no religion, as you choose.

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freedom of assembly

Your First Amendment right to gather peacefully with others, such as at a protest or a meeting.

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freedom of the press

The First Amendment right to publish news and opinions without government censorship.

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G

grand jury

A group of citizens who review evidence in private and decide whether there is enough to charge someone with a serious federal crime.

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H

House of Representatives

The part of Congress where states get seats based on population. Members serve two-year terms.

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I

impeachment

When the House formally charges a federal official with serious wrongdoing. The Senate then holds a trial to decide on removal.

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incorporation

How the Supreme Court has applied most Bill of Rights protections to state and local governments through the 14th Amendment.

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J

judicial review

The power of courts to strike down laws or government actions that conflict with the Constitution.

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jury

A group of ordinary citizens chosen to hear the evidence at a trial and decide the facts.

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just compensation

Fair payment, usually the market value, that the government must give when it takes private property.

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M

militia

A group of citizens trained to serve as soldiers when needed, instead of a full-time army.

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Miranda warnings

Warnings police must give before questioning someone in custody: right to stay silent, that statements can be used, right to a lawyer.

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N

naturalization

The legal process for a person born in another country to become a U.S. citizen.

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necessary and proper clause

The part of Article I that lets Congress make laws needed to carry out its listed powers.

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P

poll tax

A fee charged to vote. The 24th Amendment bans it in federal elections, and a 1966 Court ruling bans it in state elections.

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precedent

An earlier court decision that courts follow when deciding similar cases later.

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probable cause

Good reason, based on facts, to believe a crime happened or evidence is in a place.

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provisional ballot

A ballot you cast when officials question whether you can vote. They check it later before deciding to count it.

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public defender

A lawyer paid by the government to represent people charged with crimes who cannot afford a lawyer.

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R

ratify

To formally approve. An amendment becomes part of the Constitution when three-fourths of the states approve it.

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reasonable suspicion

A specific, fact-based reason for police to think crime may be happening. It allows a brief stop, not an arrest.

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reserved powers

Powers not given to the federal government, which the 10th Amendment keeps for the states or the people.

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right to petition

Your First Amendment right to ask the government to fix a problem or change a policy without being punished for asking.

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S

search and seizure

When the government looks through you or your things (search), or takes property or a person (seizure). The 4th Amendment limits both.

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self-incrimination

Being forced to give testimony that could be used against you in a criminal case. The 5th Amendment protects you from it.

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Senate

The part of Congress with two senators from each state. Senators serve six-year terms.

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separation of powers

Dividing government power among three branches: Congress makes laws, the president carries them out, and courts interpret them.

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suffrage

The right to vote.

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supremacy clause

The part of Article VI saying the Constitution, federal laws made under it, and treaties override conflicting state laws.

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Supreme Court

The highest court in the United States. Its decisions about the Constitution bind all other courts.

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T

treason

Making war against the United States or helping its enemies. The Constitution defines it narrowly and requires strong proof.

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U

unenumerated rights

Rights not listed in the Constitution that people still keep. The 9th Amendment says listing some rights does not deny others.

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V

veto

The president's power to reject a bill. Congress can override a veto with a two-thirds vote in both houses.

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W

warrant

A written order signed by a judge that allows police to search a place or arrest a person.

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writ of habeas corpus

A court order requiring the government to explain why it is holding someone. It protects against unlawful imprisonment.

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