Civil Liberties/Rights (Unit 3)

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19 Terms

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14th Amendment (2 clauses)

Due process clause: All citizens will be subject to the same set of legal procedures

Equal protection clause: The laws apply to all citizens in the same way.

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Civil liberties

Fundamental rights and freedoms protected by the Constitution of the United States

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Civil rights

An enforceable right or privilege, which if interfered with by another gives rise to an action for injury.

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Selective incorporation

The Supreme Court incorporated certain parts of certain amendments, rather than incorporating an entire amendment at once.

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Expressed/symbolic speech

consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.

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Compelling interest test

An element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights,

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De facto segregation

Separation that exists even though laws do not require it. Designates what actually happens in practice. Segregation resulting from economic or social conditions or personal choice.

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De jure segregation

Separation that was mandated by law and enforced by the government.

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Due process rights

Government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.

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Exclusionary rule

Prevents the government from using most evidence gathered in violation of the United States Constitution.

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Fighting words 

Words that by their very nature inflict injury on those to whom they are addressed or insight them to acts of violence.

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Procedural due process 

A fundamental principle in the United States legal system that requires the government to follow fair and just procedures when it takes away a person's life, liberty, or property.

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Prior restraint

A form of censorship that allows the government to review the content of printed materials and prevent their publication.

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Rational basis test 

A test used to determine whether a law or governmental regulation or action violates the equal protection clause.

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Substantive due process

A legal doctrine that holds that certain fundamental rights are so important that they cannot be abridged by the government without a compelling reason.

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Suspect classification

A class of individuals that have been historically subject to discrimination.

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Wall of separation

An interpretation of the Establishment Clause embraced by the Supreme Court that allows no government involvement with religion.

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Equal protection rights 

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws.

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Letter from a Birmingham Jail (full text, video)

An open letter written by Dr. Martin Luther King, Jr. that provides a detailed explanation of King's approach to nonviolent resistance.