unit three flashcards

civil liberties

fundamental rights and freedoms protected from infringement by the government

civil rights

protections from discrimination as a member of a particular group

bill of rights

the first 10 amendments of the constitution; guarantees of fundamental rights and freedoms that the federal government cannot infringe upon

barron v baltimore (1833)

supreme court case which ruled that the bill of rights only restricts the federal government

incorporation

the extention of the bill of rights to states, limiting the power of state governments and reversing the ruling of barron v baltimore (1833)

first

amendment that protects the freedom of religion, speech, press, and assembly

second

amendment that protects the right to keep and bear arms

third

amendment that protects citizens from having soldiers quartered in their homes

fourth

amendment that protects against illegal searches and seizure of personal property and effects

fifth

amendment that deals with the rights of citizens when they are accused of crimes — ie. protects:

- right to a grand jury hearing

and protects from:

- self-incrimination

- serving as a witness against oneself in a court of law

- double jeopardy

- deprivation of life/liberty/property without due process of the law

sixth

amendment that protects defendants' rights to:

- a speedy and public trial

- an impartial jury

- an attorney

seventh

amendment that ensures trial by jury if exceeds $20, if common law (judge can act as jury if minimal)

eighth

amendment that protects against excessive bail and cruel and unusual punishment

ninth

amendment that states that people's rights are not limited to just those listed in the constitution

tenth

amendment that establishes reserved/implied powers of the states (eg. education); "the powers not delegated to the US by the constitution nor prohibited by it to the states, are reserved to the states respectively, or to the people."

due process clause

the clause in the 14th amendment that restricts state government from denying citizens their life, liberty, or property without legal safeguards

selective incorporation

the piecemeal process through which the supreme court has affirmed that almost all of the protections within the bill of rights also apply to state governments

establishment clause

first amendment clause preventing the establishment of an official religion or preferential treatment of a certain religion by the government

exercise clause

first amendment clause allowing citizens the right to practice their preferred religion if they're not violating any laws

preferred position doctrine

doctrine stating that free speech is fundamental to liberty, therefore any limit must address severe, imminent threats

symbolic speech

a form of speech illustrated by actions that purposefully convey a particular message or statement

hate speech

a form of speech illustrated by hateful intent that is protected as long as it doesn't call for imminent lawless action

libel

a written form of defamation

slander

a spoken form of defamation

obscenity

a statement that is

1. patently offensive

2. utterly without redeeming social value

when contemporary community standards are applied

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

lemon test

the test determining an action's constitutionality under the establishment clause — does the action...

1. have a secular purpose?

2. inhibit or advance a religion?

3. exhibit "excessive entanglement" between government and religion?

ex post facto law

a law criminalizing conduct that was legal at the time it occurred

bill of attainder

a law passed by congress punishing an individual without a trial

writ of habeas corpus

a document setting out reasons for an arrest or detention

procedural due process

a judicial standard requiring that fairness be equally applied to all individuals

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 or not a person should be indicted on criminal charges and subsequently tried in court

double jeopardy

the prosecution of a person twice for the same offense

miranda rights

the right to remain silent and to have an attorney present during questioning

bail

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial

equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, used as the basis for civil rights and anti-discrimination laws

black codes

1865-66 laws in southern states that restricted employment, wages, and fair treatment of black americans

jim crow laws

state and local laws that legalized segregation

poll tax

a fee that must be paid in order to vote

literacy test

a test must have been passed in order to vote

grandfather clause

policy that, if you or your ancestors could vote in 1867, you could vote even if you can't pay the poll tax or pass the literacy test

white primary

a democratic party primary in which only white people could vote

plessy v ferguson

declared "separate but equal" principle constitutional; provided the legal basis for jim crow laws

de jure

legal segregation (banned by brown v. board)

de facto

segregation that happens not because of legislation but for reasons such as neighborhoods that are predominantly divided by race

civil rights act of 1964

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

24th amendment

constitutional amendment that abolished poll taxes

voting rights act of 1965

legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states

equal pay act of 1963

a policy that guaranteed equal pay based on gender

title ix

a policy that prohibited gender discrimination by schools receiving public funds

affirmative action

a plan to institute preferential admissions and hiring policies to level the playing field for minorities

19th amendment

a 1920 constitutional amendment granting women the right to vote