U-3: CIVIL LIBERTIES/CIVIL RIGHTS Vocab Terms

Civil liberties

the protection for individuals from government actions that violate Constitutional rights and freedoms; these liberties are either explicitly identified in the Bill of Rights, or interpreted through the years by courts and lawmakers (ex: freedoms of speech, religion, right to bear arms, right against unreasonable search and seizure, right to remain silent, etc.)

Writ of habeas corpus

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

Ex post facto law

a law that makes something a crime, then is retro-activated, causing people to be arrested for committing the act when it was not illegal.

Due process clause

Clause in the Fifth Amendment guaranteeing that the federal government cannot deprive any person of life, liberty, or property without due process of law (fair and equal treatment by the government).

Selective incorporation

The process by which provisions of the bill of rights are applied to state and local governments using the 14th amendment’s “due process” clause.

Establishment clause

Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion.

Free exercise clause

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Clear and present danger test

legal standard created by the Supreme Court that determined that the government may limit speech if it presents a “clear and present danger” to the safety and security of our nation, particularly during wartime.

Prior restraint

government censorship typically imposed on a media source before they announce or publish information that the government deems as classified; usually presumed to be unconstitutional.

Unprotected speech

Libel, obscenity, and fighting words which are not entitled to constitutional protection in all circumstances.

Libel

Written defamation of another person. For public officials and public figures, it is more difficult to pursue a civil lawsuit for damages.

Search warrant

A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.

Exclusionary rule

Requirement that evidence unconstitutionally or illegally obtained be excluded as evidence from a criminal trial.

Procedural due process

Constitutional requirement that governments proceed by proper methods or procedures in a fair and unbiased way, particularly in criminal and civil matters; limits how the government may exercise power.

Substantive due process

Constitutional requirement that government actions and policies are reasonable and that the substance (how they are written) of the laws/policies themselves be fair and reasonable; limits what (the substance) the government may do.

Double jeopardy

being arrested and/or tried for the same offense again after the said offense has been adjudicated

USA PATRIOT Act

Law created after 9/11 that was intended to help government agencies detect and prevent possible acts of terrorism; became controversial after the government used it to conduct unprecedented surveillance of American citizens.

Grand jury

A jury of persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment, if not, it issues an acquittal.

Plea bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Eminent domain

The power of a government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property taken.

Civil rights

Protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex; these rights are guaranteed to all citizens under the due process and equal protection clauses of the Constitution, as well as acts of Congress.

Affirmative action

Remedial action designed to overcome the effects of discrimination against minorities and women.

Naturalization

A legal action conferring citizenship on an immigrant.

Equal protection clause

Clause in the 14th Amendment that forbids any state from denying to any person within its jurisdiction the equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.

Due process clause

Clauses in the 5th and 14th Amendments limiting the power of the federal and state governments from depriving any person of life, liberty, or property without due process of law; in states, used by the Sup Crt to incorporate the Bill of Rights into the states.

Racial gerrymandering

The drawing of election districts with race as the primary factor so as to ensure that members of a certain race are a minority or a majority in the district; ruled unconstitutional in Shaw v. Reno.

Jim Crow laws

State laws formerly pervasive throughout the South requiring public facilities and accommodations to be segregated by race; ruled unconstitutional in Brown v. Board of Education (1954).

Civil disobedience

Deliberate refusal to obey law or comply with orders of public officials as a means of expressing opposition;usually done in a peaceful manner

Commerce clause

The clause of the Constitution (Article I, Section 8, Clause 3) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

De jure segregation

segregation imposed by law or government policy

De facto segregation

segregation resulting from economic, social conditions, or personal choice; sometime occurs unintentional