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bill of attainder
an act of a legislature declaring a person or group of person guilty of some crime and punishing them without a trial
civil liberties
protect individuals from government actions
civil rights
protect groups against discrimination
civil rights act of 1964
made racial discrimination against any group in hotels, motels, and restaurants illegal, and forbade many forms of job discrimination
clear and present danger doctrine
judicial interpretation of the 1st amendment that government may not ban speech unless such speech poses an imminent threat to society… “fire in a crowded theater” analogy used by the Court
De facto segregation
segregation “by fact”; segregation resulting from factors such as housing patterns rather than law
De jure segregation
segregation by law; segregation that is required by government such as during the Jim Crow Era
double jeopardy
being prosecuted twice for the same offense. banned by the 5th amendment
due process clause
prohibits the national government (5th amendment) and states (14th amendment) from denying life, liberty, or property without due process of law
eminent domain
the right of the government to take private property for the public good. Fair compensation must be paid to the owner of such property
equal protection clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
equal rights amendment
a constitutional amendment stating that “equality of rights under the law shall not be denied… on account of sex.” Despite public support, the amendment failed to acquire the necessary support from ¾ of state legislatures
establishment clause
provision of the 1st amendment that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state
free exercise clause
provision of the 1st amendment stating that Congress may not prohibit the free exercise of religion
grandfather clause
southern laws that excluded blacks from exercising the right to vote (suffrage) by restricting the right to vote only to those whose grandfathers had voted before 1865
Jim Crow laws
southern laws that required racial segregation in places of public accommodation
literacy test
southern method of excluding blacks from voting (suffrage) by requiring that voters prove ability to read and write
poll tax
southern method of excluding blacks from voting (suffrage) by requiring payment of a tax prior to voting
prior restraint
when a court stops expression before it is made; ex: prohibiting publication of a newspaper article critical of the current presidential administration. Determined to be unconstitutional except when threatening national security
selective incorporation
applying the Bill of Rights to the states on a case by case basis via the Due Process Clause of the 14th amendment
separate but equal doctrine
supreme court doctrine established in the case of Plessy v. Ferguson that allowed state-required racial segregation in places of public accommodation as long as the facilities were equal
symbolic speech
an action that consists of no writing or speaking, but still expresses an opinion. Examples are marching in a parade, burning a flag, or burning a draft card.
Title IX
this law prohibits gender discrimination in educational activities at any institution receiving federal funds. Most commonly known for its effect on athletics, but it prohibits all types of gender discrimination in education
wall of separation doctrine
an interpretation of the Establishment Clause embraced by the supreme court that allows no government involvement with religions
writ of habeas corpus
court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.
probable cause
a reasonable amount of suspicion that a crime has been committed
warrant
states the place to be searched and the persons or things to be seized
ACLU
American Civil Liberties Union
NAACP
National Association for the Advancement of Colored People; promotes equal rights for African Americans
slander
spoken false speech with the intent to harm a person
libel
written false speech with the intent to harm a person
seditious libel
a charge that resulted in fines and or jail time for anyone who criticized public officials or government policies
procedural due process
the manner in which the law is carried out
substantive due process
addresses the essence of a law - does the point of the law violate a basic right to life, liberty, or property
exclusionary rule
evidence the government finds or takes in violation of the 4th amendment can be excluded from a trial
affirmative action
the label placed on institutional efforts to diversify by race, gender, or otherwise
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Flashcard (54)