AP comp gov unit 3 Civil rights/Liberties

14th amendment, Enforcement Clause

No state shall make or enforce laws that abridge privileges or immunities of people

14th amendment, Due process Clause

The government can take away freedoms but not without Due process

Civil rights

Applying the basic core freedoms to all groups equally, any law based on equality

Civil liberties

The basic core freedoms, Bill of rights

Selective incorporation

the case-by-case approach of deciding which portions of the Bill of Rights apply to states

Expressed/Symbolic speech

Non-verbal, symbolic forms of communication that is generally protected by the first amendment

Compelling interest test

Compelled State interest / sees if law gives a race an advantage
A method for determining the constitutionality of a written law that restricts a fundamental right or distinguishes between people due to discriminatory past

De facto segregation

A separation that was not enacted by law but still happens (Racism)

De jure segregation

A separation that is enacted by law (interracial marriage, Loving v. Virginia)

Exclusionary rule

Judicially created rule that prevents police from using illegally seized evidence at trial. (not being able to use illegal drugs found through a unwarranted search)

Fighting words

Not restricted by the first amendment, words that cause confrontation or “a breach of peace”

Due process rights

No person shall be “deprived of life, liberty, or property without due process/fair procedure of law.

Procedural due process

The procedures that have to be taken in order to deprive someone of any life, liberty, or property

Substantive due process

A legal doctrine that says certain fundamental rights are so important, they can’t be abridged by the government without compelling reasons

Prior restraint

A form of censorship where the government can review the content in printed material and prevent its publication

Rational basis test

Sees if theres state interest / Age
A test used to determine whether a law or governmental regulation or action violates the equal protection clause

Suspect classification

Category or class, like race or a fundamental freedom, that calls for highest level of scrutiny from the Supreme Court

Wall of separation

A metaphor to represent the separation of the church and state
Government can’t respect a religion nor inhibit the exercise of it(Freedom of religion)

Equal protection rights

The right to equal protection by the government. Can’t treat people or groups of the same situation differently

Letter from a Birmingham jail

By MLK, citizens responsibility to stand up to social injustices and civil rights