UNIT 3- Civil Rights & Civil Liberties

affirmative action

A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.

Strict Scrutiny

A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice.

suspect classifications

classifications of people on the basis of their race or ethnicity that trigger the highest scrutiny from SCOTUS

Equal Rights Amendment (ERA)

proposed amendment to the U.S. constitution passed by Congress and submitted to the states for ratification in 1971; outlawing discrimination based on gender, it was at first seen as a great victory by women's-rights groups. The amendment fell 3 states short of the 38 required for ratification. However, many states have adopted similar amendments to their state constitutions

Title IX

Bars educational institutions that receive federal funds from discriminating against female students

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

suffrage

the right to vote

Grandfather Clause

Only allowed people to vote if their father or grandfather had voted before Reconstruction

bill of attainder

a law that declares a person, without a trial, to be guilty of a crime

Bill of Rights

The first ten amendments to the Constitution

Capital Cases

cases involving crimes punishable by death

direct incitement test

Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

double jeopardy clause

Part of the Fifth Amendment that protects individuals from being tried twice for the same offense in the same jurisdiction.

Free Exercise Clause

First Amendment requirement that law cannot prevent free exercise of religion

Fundamental Freedoms

Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.

incorporation doctrine

the process by which the Bill of Rights was extended to the states and localities

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Libel

a published false statement that is damaging to a person's reputation; a written defamation.

prior restraint

government censorship of information before it is published or broadcast

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Slander

the action or crime of making a false spoken statement damaging to a person's reputation.

poll taxes

required citizens of a state to pay a special tax in order to vote

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

Undue Burden Test

A standard set by the Supreme Court in the Casey case in 1992 that narrowed Roe v. Wade and allowed for greater regulation of abortion by the states.

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

ex post facto law

a law that makes an act criminal although the act was legal when it was committed

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Establishment Clause

Part of the First Amendment that says the government may not establish an official religion.

due process clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Civil Rights

The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.

Civil Liberties

the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation

standards of review

The levels of deference the Court gives governments to craft policies that make distinctions on the basis of personal characteristics. These standards stem from the Court's need to ensure that laws do not undermine the Fourteenth Amendment's equal protection clause.