POLI SCI II

civil liberties

areas of personal freedom constitutionally protected from government interference

habeas corpus

a court order that the individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

Bill of Rights

the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people

selective incorporation

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

Establishment Clause

the First Amendment clause that says “Congress shall make no law respecting an establishment of religion”; this constitutional provision means that a “wall of separation” exists between church and state

Free Exercise Clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion they choose

“clear and present danger” test

test used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

fighting words

speech that directly incites damaging conduct

“speech plus”

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

prior restraint

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances

libel

a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

slander

an oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

due process of law

the right of every individual against arbitrary action by national or state governments

exclusionary rule

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

grand jury

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence

double jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

Miranda rule

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

unenumerated rights

unwritten legal rights that are inferred from other explicitly written rights

right to privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Obergefell v. Hodges

court decision that guaranteed the right to marry to same-gender couples

civil rights

guarantees of equal opportunity and protection through obligations imposed on government to protect individuals

social movements

sustained campaigns brought by and on behalf of disadvantaged populations in support of a political or social goal

collective action

he process of a group of people organizing and acting based on a shared goal

Equal Protection Clause

provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws.” This clause has been the basis for the civil rights of Black people, women, and other groups

burden of proof

the responsibility of an individual, organization, or government to provide sufficient evidence in support of a claim in court

Fourteenth Amendment

one of three Civil War amendments; it guaranteed equal protection and due process

Jim Crow laws

laws enacted by southern states following Reconstruction that discriminated against Black people

“separate but equal” rule

doctrine that public accommodations could be segregated by race but still be considered equal

Brown v. Board of Education

the 1954 Supreme Court decision that struck down the “separate but equal” doctrine as fundamentally unequal; this case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions

strict scrutiny

a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

de jure

literally, “by law”; refers to legally enforced practices, such as school segregation in the South before the 1960s

de facto

literally, “by fact”; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today

Civil Rights Act of 1964

landmark legislation that ended segregation in public spaces and prohibited discrimination on the basis of race, gender, religion, sex, and national origin

Civil Liberties Act of 1988

a historic piece of legislation in which the federal government formally acknowledged the forced removal and internment of Japanese people as an injustice that had been motivated largely by racial prejudice

affirmative action

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities

Deferred Action for Childhood Arrivals (DACA)

a government program intended to allow undocumented immigrants who were brought to the United States as minors to legally remain in the country to study or work

public opinion

citizens' attitudes about political issues, leaders, institutions, and events

values (or beliefs)

basic principles that shape a person's opinions about political issues and events

political ideology

a cohesive set of beliefs that forms a general philosophy about the role of government

attitude (or opinion)

a specific preference on a particular issue

liberal

today this term refers to those who generally support social and political reform, governmental intervention in the economy, more economic equality, expansion of federal social services, and greater concern for consumers and the environment

conservative

today this term refers to those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulas and economic arrangements; conservatives believe that a large and powerful government poses a threat to citizens' freedom

libertarian

someone who emphasizes freedom and believes in voluntary association with small government

socialist

someone who generally believes in social ownership, strong government, free markets, and a reduction in economic inequality

political socialization

the induction of individuals into the political culture; learning the underlying beliefs and values on which the political system is based

agents of socialization

social institutions, including families and schools, that help to shape individuals' basic political beliefs and values

gender gap

a distinctive pattern of voting behavior reflecting the differences in views between women and men

public-opinion polls

scientific instruments for measuring public opinion

sample

a small group selected by researchers to represent the most important characteristics of an entire population

simple random sample (or probability sample

a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent

random digit dialing

a polling method in which respondents are selected at random from a list of 10-digit telephone numbers, with every effort made to avoid bias in the construction of the sample

sampling error (or margin of error)

polling error that arises based on the small size of the sample

social desirability bias

the effect that results when respondents in a survey answer questions in a way that will be viewed favorably by others; can lead to overreporting good behavior or socially acceptable answers, or underreporting socially undesirable behavior or answers

selection bias

polling error that arises when the sample is not representative of the population being studied, which creates errors in overrepresenting or underrepresenting some opinions

bandwagon effect

a shift in electoral support to the candidate whom public-opinion polls report as the front-runner