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civil liberties
constitutionally established guarantees that protect the fundamental rights and freedoms of individuals from unreasonable interference by the government.
civil rights
protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law.
bill of rights
a list of fundamental liberties and rights that individuals possess. The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights.
due process
clause in the Fourteenth Amendment that restricts state governments from denying persons their life, liberty, or property without legal safeguards.
procedural due process
the requirement that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights.
substantive due process
the requirement that the law be fundamentally fair to all citizens.
selective corporation
the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis; the case-by-case process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments.
establishment clause
First Amendment protection against the government requiring citizens to join or support a religion.
free exercise clause
First Amendment protection of the rights of individuals to express and exercise their religious beliefs.
clear and present danger
legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment.
prior restraint
the suppression of material prior to publication.
symbolic speech
protected expression in the form of images, signs, and other symbols.
libel
an untrue written statement that injures a person’s reputation.
slander
an untrue spoken expression that injures a person’s reputation.
ex post facto laws
laws that punish people for acts that were not crimes at the time they were committed.
bills of attainder
legislative acts that declare people guilty and impose punishment on those people without a trial.
writ of habeas corpus
the right of people detained by the government to know the charges against them; a document setting out the reasons for an arrest or detention.
warrant
a document issued by a judge authorizing a search.
probable cause
reasonable belief that a crime has been committed or that there is evidence of criminal activity.
exclusionary rule
a rule that evidence obtained without a warrant is inadmissible in court.
grand jury
a group of citizens who, based on the evidence presented to them, decide whether to formally charge someone accused of a crime.
double jeopardy
after an individual has been acquitted of a crime, charging that individual with the same crime again in the same jurisdiction.
miranda rights
the right to remain silent and the right to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity.
13th amendment
constitutional amendment passed in 1865 that prohibits slavery within the United States.
14th amendment
constitutional amendment passed in 1868 that provides that persons born or naturalized in the United States are citizens and prohibits states from denying persons due process or equal protection under the law; places restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States.
equal protection clause
clause of the Fourteenth Amendment that requires the states to treat all persons alike with regard to application of the laws; clause that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, sex, gender, and other characteristics.
15th amendment
constitutional amendment passed in 1870 that prohibits the denial of voting rights on the basis of race, color, or previous condition of servitude, which gave Black male citizens the right to vote.
separate but equal
the doctrine that racial segregation was constitutional so long as the facilities for Black and white people were equal.
segregation
the separation of individuals based on their race.
voting rights act
legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states.
affirmative action
a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon characteristics such as race, ethnic origin, gender, disability, and age.
19th amendment
a 1920 constitutional amendment granting women the right to vote.
title IX
legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs.
compelling state interest
a very strong government reason required to justify limiting rights
public interest
what benefits society as a whole
wall of separation
idea that religion and government must stay separate.
obscene speech
speech that is offensive or sexual and not protected by the first amendment
exclusionary rule
illegal evidence that cant be used in court
freedom of expression
the right to express ideas through speech, writing, art
5th amendment
protects against self-incrimination and guarantees due process
public safety exception
police can question a suspect without miranda rights if immediate danger exists.
right to privacy
the right to keep personal matters free from government interference
preclearance
requirement that certain stages get federal approval before changing voting laws
quotas
fixed number used to ensure representation
reasonableness standard
courts decide if government actions are reasonable under the constitution
search and seizure
police looking for and taking evidence; must follow the 4th amendment
grandfather clause
laws that let some people avoid new rules based on past conditions
heightened security test
a stricter review courts use for certain discrimination cases
Jim Crow
laws enforcing racial segregation in the us south
literacy tests
tests used to prevent people from voting
majority minority districts
voting districts where a minority group makes up the majority
strict scrutiny
the toughest standard courts use to judge laws that limit rights; must serve a compelling interest
obscenity
material that is highly offensive and not protected by free speech