CLEP Textbook Part 2

blue law

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays.

civil liberties

limitation on the power of government, designed to ensure personal freedoms, such as freedom of speech, religion, and assembly.

civil rights

guarantees of equal treatment by government authorities and protection against discrimination based on characteristics such as race, gender, and religion.

common-law right

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution.

double jeopardy

a prosecution pursued twice at the same level of government for the same criminal action, which is prohibited by the Fifth Amendment to the Constitution.

due process clause

provision of the fifth and fourteenth amendments that limit government power to deny people “life, liberty, or property” on an unfair basis.

eminent domain (takings clause)

the power of government to take or use property for a public purpose after compensating its owner, enshrined in the fifth amendment.

establishment clause

the provision of the first amendment that prohibits the government from endorsing a state-sponsored religion, interpreted as preventing government from favoring some religious beliefs over others: ensures the separation of church and state.

exclusionary rule

a requirement, from Supreme Court case Mayy v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime.

free exercise clause

the provision of the first amendment that prohibits the government from regulating religious beliefs and practices: individuals can practice their religion freely without government interference, as long as those practices do not violate public order or the rights of others.

miranda warning

a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights: include the right to remain silent and the right to an attorney.

patriot act (USA PATRIOT ACT)

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications and access personal records for counterterrorism purposes, including surveillance and data collection measures.

plea bargain

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial.

probable cause

legal standard for determining whether a search or seizure is constitutional or a crime has been committed: requires a reasonable belief based on facts that a crime has occurred or evidence of it can be found. It is essential for obtaining search warrants and making lawful arrests.

selective incorporation

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government: Fourteenth Amendment's Due Process Clause, which ensures that certain fundamental rights are protected from infringement by state laws.

sherbert test

a standard for deciding whether a law violates the free exercise clause (religious beliefs and practices): a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible.

undue burden test

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional.

first amendment

limits the government’s ability to impose certain religious beliefs on the people, or to limit the practice of one’s own religion, also protects freedom of expression by the public, the media, and organized groups via protests, and the petition of grievances.

second amendment

today protects an individual’s right to keep and bear arms for personal defense in the home.

third amendment

limits the ability of the government to allow the military to occupy civilians’ homes except under extraordinary circumstances.

fourth amendment

protects our persons, homes, and property from unreasonable searches and seizures, and it protects the people from unlawful arrests: requires law enforcement to have a warrant based on probable cause.

fifth amendment

secures various procedural safeguards, such as the right to due process, right to remain silent, protection against self-incrimination, double jeopardy, and limits taking of property for public use (eminent domain).

sixth amendment

ensures fairness in criminal trails, including through a fair and speedy trial by an impartial jury, the right to assistance of counsel, and the right to examine and compel testimony from witnesses.

seventh amendment

ensures the right to jury trails in most civil cases (at the federal level).

eighth amendment

regards sentencing and prison conditions: prohibits excessive fines and bails, as well as “cruel and unusual punishments,” although the scope of what is cruel and unusual is subject to debate.

fourteenth amendment

addresses citizenship rights and equal protection under the law, prohibiting states from denying any person life, liberty, or property without due process: helped start the process of selective incorporation of the Bill of Rights.

habeus corpus

legal principle that protects individuals from unlawful detention, allowing them to challenge their imprisonment in court: explicitly protected by the Constitution as drafted at the Constitutional Convention.

District of Columbia v. Heller (2008

Supreme Court case that ruled the Second Amendment protects an individual's right to keep a firearm unconnected to militia service for traditionally lawful purposes, such as self-defense within the home.

Kelo v. City of New London (2005)

Supreme Court case that upheld the use of eminent domain to transfer land from one private owner to another for public use, ruling that economic development can qualify as a public purpose.

civil case

a legal dispute typically involving private rights and obligations, resolved by a court: involves a private dispute where one person or business sues another.

affirmative action

the use of programs and policies designed to assist groups that have historically been subject to discrimination.

American Indian Movement (AIM)

the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973, which aimed to address issues such as treaty rights, poverty, and police harassment among Native Americans.

black codes

laws passed immediately after the Civil War that discriminated against freed slaves and other blacks and deprived them of their rights: aimed to restrict freedom and compel blacks to work under conditions closely resembling slavery.

Brown v. Board of Education (1954)

Supreme Court case that struck down Plessy v. Ferguson and declared segregation and “separate but equal” to be unconstitutional in public education.

Plessy v. Ferguson (1896)

Supreme Court case that upheld racial segregation under the "separate but equal" doctrine and the equal protection clause of the Fourteenth Amendment: legitimizing Jim Crow laws.

de facto segregation

segregation that results from the private choices of individuals: occurs without legal enforcement by the government and is often seen in residential patterns and school attendance.

de jure segregation

segregation that results from government discrimination: enforced by law and can be seen in practices such as discriminatory zoning laws and segregated public facilities.

equal protection clause

provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law: prohibits discrimination based on race, religion, or other characteristics.

glass ceiling

an invisible barrier caused by discrimination that prevents women from rising to the highest levels of organization, including corporations, governments, academic institutions, and religious organizations.

grandfather clause

the provision in some southern states that allowed illiterate whites to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified.

Jim Crow laws

state and local laws that promoted racial segregation and undermined black voting rights in the south after Reconstruction: enforced discriminatory practices in public facilities, schools, and transportation.

rational basis test

the standard used by courts to decide most forms of discrimination: the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens.

strict scrutiny

the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion: burden of proof is on the government to demonstrate a compelling governmental interest is at stake, and no alternative means are available to accomplish its goals.

intermediate scrutiny

the standard used by the courts to decide cases of discrimination based on gender and sex: burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women.

title IX (title nine)

the section of the US Education Amendments of 1972 that prohibits discrimination in education on the basis of sex.

trail of tears

the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838-1839, resulting in the death of thousands due to harsh conditions and disease.

thirteenth amendment

abolished slavery and involuntary servitude in the United States, ratified in 1865.

fifteenth amendment

prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude," ratified in 1870.

nineteenth amendment

granted women the right to vote in the United States, ratified in 1920.

Americans with Disabilities Act

civil rights law that prohibits discrimination based on disability in various areas such as employment, public services, and transportation, enacted in 1990.

Loving v. Virginia (1967)

Supreme Court case that struck down laws banning interracial marriage, ruling such laws violated the Fourteenth Amendment's Equal Protection Clause.

Shelley v. Kraemer (1948)

Supreme Court case that ruled state courts cannot constitutionally enforce private racially restrictive housing covenants under the Equal Protection Clause of the Fourteenth Amendment.

Civil Rights Act of 1964

landmark legislation that ended legal segregation in public places, banned employment discrimination based on race, color, religion, sex, or national origin, and protected voting rights: paved the way for later laws like the Voting Rights Act of 1965

NAWSA

National American Woman Suffrage Association, formed to advocate for women's voting rights: favored a mainstream, state-by-state approach before pushing for a federal amendment

NWP

National Woman's Party, an organization founded to advocate for women's suffrage through more militant tactics and to support a federal amendment and passage of the 19th Amendment.