Crime and Justice terms

Broken windows policing A policing strategy built on the theory that enforcing minor offenses and disorder helps prevent more serious crime. Civil asset forfeiture A legal process by which government seizes property it alleges is connected to a crime, without necessarily charging or convicting the owner. Defund the police A slogan from 2020 calling for reducing police budgets and shifting money to social services, with meanings ranging from modest cuts to abolition. Qualified immunity A judge-made doctrine shielding government officials from personal damages liability unless they violated clearly established law. Blue slip A Senate Judiciary Committee custom that lets home-state senators block or delay certain judicial nominees from their states. Cashless bail Reforms that limit or end the use of money bail to hold people charged with crimes before trial, replacing it with release conditions or risk assessments. Double jeopardy The Fifth Amendment protection against being prosecuted again for the same offense after acquittal or conviction. Exclusionary rule The rule that evidence obtained through an unconstitutional search or seizure generally cannot be used against a defendant at trial. Grand jury A panel of citizens that reviews evidence in secret to decide whether there is probable cause to bring criminal charges. Habeas corpus A court order requiring authorities to justify a person's detention, a safeguard against unlawful imprisonment. Mandatory minimum sentence A law setting a minimum prison term that a judge must impose for a specific crime, regardless of circumstances. Procedural due process The constitutional requirement that government use fair procedures, such as notice and a hearing, before depriving a person of life, liberty or property. Rule of law The principle that everyone, including government, is subject to publicly known laws that are applied equally and fairly. Void for vagueness The rule that a law is unconstitutional if it is so unclear that ordinary people cannot know what it forbids. Amicus brief A filing by a non-party giving a court information or arguments it believes will help decide a case. Chevron deference A former rule requiring courts to accept a federal agency's reasonable reading of an ambiguous statute it administers. Citizens United v. FEC The 2010 Supreme Court ruling that the First Amendment bars limits on independent political spending by corporations and unions. Commerce Clause The constitutional grant letting Congress regulate commerce with foreign nations, among the states and with Indian tribes. Court packing Changing the number of Supreme Court seats so that a president and Congress can add justices sympathetic to their views. Dobbs v. Jackson Women's Health Organization The 2022 Supreme Court decision holding that the Constitution does not confer a right to abortion, returning the issue to elected officials. Eminent domain The government's power to take private property for public use after paying the owner just compensation. Enumerated powers The specific powers the Constitution grants to Congress and the federal government, chiefly the list in Article I, Section 8. Equal Protection Clause The Fourteenth Amendment guarantee that no state may deny any person within its jurisdiction the equal protection of the laws. History and tradition test A method for judging a law by whether it fits the nation's historical practice, used in Second Amendment and some other constitutional cases. Incorporation doctrine The doctrine applying most Bill of Rights protections to state and local governments through the Fourteenth Amendment. Intermediate scrutiny A middle tier of judicial review requiring a law to substantially advance an important government interest. Judicial activism A critical label for judging that appears to be driven by the judge's policy preferences rather than the law. Judicial restraint A judicial philosophy that courts should defer to elected branches and strike down laws only when they clearly violate the Constitution. Judicial review The power of courts to strike down laws and government actions that conflict with the Constitution. Living constitutionalism The view that constitutional meaning can and should evolve over time to reflect changing social conditions and values. Loper Bright Enterprises v. Raimondo The 2024 Supreme Court decision overruling Chevron and requiring courts to use independent judgment in interpreting statutes agencies enforce. Major questions doctrine A rule that agencies need clear authorization from Congress before deciding issues of vast economic or political significance. Marbury v. Madison The 1803 Supreme Court decision that established the principle of judicial review of federal law. Necessary and Proper Clause The final clause of Article I, Section 8, letting Congress make laws needed to carry out its listed powers and other federal powers. Ninth Amendment The amendment stating that listing certain rights in the Constitution does not deny or disparage other rights retained by the people. Nondelegation doctrine The principle that Congress may not hand its lawmaking power to agencies or others without clear limits on how it is used. Originalism A theory that the Constitution should be read according to the meaning its words carried for the public when they were ratified. Political question doctrine The rule that courts will not decide certain issues the Constitution commits to Congress or the president, or that lack judicial standards. Privileges or Immunities Clause The Fourteenth Amendment clause barring states from abridging the privileges or immunities of U.S. citizens, largely dormant since 1873. Rational basis review The most deferential test courts use, upholding a law if it is rationally related to any legitimate government purpose. Separation of powers The constitutional division of government into legislative, executive and judicial branches, each with its own distinct powers. Shadow docket The Supreme Court's emergency orders issued without full briefing or argument, often critiqued under a name its defenders reject. Sovereign immunity The principle that governments cannot be sued without their consent, rooted in common law and the Eleventh Amendment. Standing The requirement that a plaintiff show a concrete injury caused by the defendant and fixable by a court before a federal case can proceed. Stare decisis The principle that courts should generally follow their prior decisions, giving the law stability and predictability. Strict scrutiny The most demanding test courts use, requiring a law to serve a compelling government interest by the least restrictive means. Substantive due process A doctrine holding that the Due Process Clauses protect certain fundamental rights from government interference, not just fair procedures. Supremacy Clause The Article VI provision making the Constitution, federal laws and treaties the supreme law of the land over conflicting state law. Takings Clause The Fifth Amendment provision that private property may not be taken for public use without just compensation. Tenth Amendment The amendment confirming that powers not delegated to the federal government are reserved to the states or to the people. Textualism An approach to reading statutes and constitutions that treats the enacted words, read in context, as the controlling evidence of their meaning. Unitary executive theory The theory that Article II gives the president full control over the executive branch, including the power to direct and remove its officers. Writ of certiorari The order by which the Supreme Court agrees to review a lower court's decision, granted at the justices' discretion. Contempt of Congress A finding that a person defied Congress, such as by ignoring a subpoena, which can be punished criminally or enforced in court. Lawfare Using legal processes, such as prosecutions or lawsuits, as a weapon against opponents; the term is applied by many sides to actions by their adversaries.