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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
a list of fundamental rights and freedoms that individuals possess. first 10 amendments of the Constitution
due process clause
no state can deny a person life, liberty or property without due process of law
selective incorporation
ensures that states cannot make laws that infringe or take away the constitutional rights of citizens
establishment clause
protection against the government requiring citizens to join or support a religion
free exercise clause
protection of the rights of individuals to exercise and express their religious beliefs
freedom of expression
a fundamental right affirmed in the First Amendment to speak, publish and peacefully protest.
Clear and Present danger test
The 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 on the grounds that it might endanger national security.
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 criminalizing conduct that was legal at the time it occurred. Can’t be punished for something if it wasn’t illegal when you did it.
bill of attainder
a law passed by Congress punishing an individual without trial.
writ of habeas corpus
A document setting out reasons for an arrest or detention.
double jeopardy
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.
miranda rights
The right to remain silent and to have an attorney present during questioning. These rights must be given by police to individuals suspected of criminal activity.
13th amendment
prohibited slavery
14th amendment
granted citizenship to people born in the US
equal protection clause
has been used to protect civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics.
15th amendment
granted the right to vote to male African Americans.
separate but equal
Ruled segregation was legal as long as facilities were separate but equal.
legal segregation
separation by law of individuals based on race.
de jure segregation
Racial segregation that is required by law.
de facto segregation
separation of individuals based on characteristics that arise not by law but because of other factors such as residential housing patterns.
affirmative action
a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race and gender.
civil rights act of 1964
legislation outlawing racial segregation in public places and authorized the attorney general to sue individual school districts that failed to desegregate.
voting rights act of 1965
legislation outlawing literacy tests and authoring the Justice Department to send federal officers to register voters in areas with a history of voter discrimination.
19th amendment
gave women the right to vote
Title IX of the Education Amendments of 1972
legislation prohibiting sex discrimination in schools receiving federal aid.
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Flashcard (23)