Unit Three Vocab

Civil Liberties

Individual freedoms protected from government interference (e.g., free speech, religion)

Civil Rights

Protections from discrimination; the government must treat people equally

Bill of Rights

The first 10 amendments protecting individual liberties from federal government abuse

Incorporation Doctrine

The process by which the 14th Amendment applies the Bill of Rights to state governments

Selective Incorporation

The Supreme Court applies Bill of Rights protections to states on a case-by-case basis

Due Process Clause

14th Amendment clause prohibiting states from depriving citizens of life, liberty, or property without due process

Equal Protection Clause

14th Amendment clause requiring states to treat all people equally under the law

Establishment Clause

1st Amendment prohibition on the government establishing an official religion

Free Exercise Clause

1st Amendment protection of the right to practice religion freely

Prior Restraint

Government censorship of material before it is published; almost always unconstitutional

Libel

False written statements that damage someone's reputation

Slander

False spoken statements that damage someone's reputation

Symbolic Speech

Nonverbal expression protected by the 1st Amendment (e.g., flag burning, armbands)

Clear and Present Danger Test

Speech can be restricted if it poses an immediate threat to public safety (Schenck v. US)

Exclusionary Rule

Evidence obtained illegally cannot be used in court (Mapp v. Ohio)

Miranda Rights

Rights that must be read to suspects upon arrest, including right to remain silent and right to attorney (Miranda v. Arizona)

Probable Cause

Reasonable grounds for making an arrest, conducting a search, or pressing charges

Search Warrant

A court order authorizing law enforcement to search a location

Grand Jury

A group that decides whether there is enough evidence to formally charge someone with a crime

Double Jeopardy

Being tried twice for the same crime; prohibited by the 5th Amendment

Self-Incrimination

Being forced to testify against yourself; prohibited by the 5th Amendment

Eminent Domain

Government power to take private property for public use with just compensation

Capital Punishment

The death penalty; debated under the 8th Amendment's cruel and unusual punishment clause

Right to Privacy

An implied right derived from the 9th Amendment and other amendments (Griswold v. Connecticut)

Affirmative Action

Policies that give preferential treatment to historically marginalized groups to address past discrimination

Strict Scrutiny

The highest standard of judicial review; used for laws involving race or fundamental rights

Intermediate Scrutiny

A middle standard of review used for gender-based classifications

Rational Basis Test

The lowest standard of review; law must only be reasonably related to a legitimate government interest

De Jure Segregation

Segregation by law

De Facto Segregation

Segregation in practice, not by law (e.g., due to housing patterns)

Suffrage

The right to vote

Poll Tax

A fee required to vote; prohibited by the 24th Amendment

Literacy Test

Tests used to disenfranchise Black voters; banned by the Voting Rights Act of 1965