Studied by 15 people
Civil Liberties
Constitutional freedoms guaranteed to all citizens
Civil Rights
Positive acts of government designed to prevent discrimination and provide equality before the law
Writ of Habeas Corpus
Requires a judge to evaluate whether there is sufficient cause to keep a person in jail
Bills of Attainder
Finding a person guilty of a crime without a trial; prohibited under the Constitution
Ex Post Facto Laws
Laws applied to acts committed before the passage of the laws are unconstitutional
Self-incrimination
Accusing oneself or giving evidence that may prove oneself guilty
Double jeopardy
Being tried twice for the same offense
Incorporation
Application of portions of the Bill of Rights to the states under the Fourteenth Amendment
Symbolic speech
Using actions and symbols rather than words to convey an idea
Establishment clause
Prohibits the establishment of a national religion
Free Exercise Clause
Congress may not make laws restricting or prohibiting a person’s religious practices
Lemon Test
Standard set by the Supreme Court in Lemon v. Kurtzman to measure the constitutionality of state laws regarding freedom of religion
Pure Speech
Verbal communication of ideas and opinions
Speech Plus
Verbal and symbolic speech used together
Prior Restraint
Censorship of information before it is published or broadcast
Substantive Due Process
The policies of government or the subject matter of laws determining what the law is about and whether the law is fair or if it violates constitutional protections
Procedural Due Process
Method of government action, or how the law is carried out according to established rules and procedures
Eminent Domain
Allows the government to take property for public use but also requires the government to provide just compensation for that property
Exclusionary Rule
Rule that evidence acquired as a result of an illegal act by police cannot be used against the person from whom it was seized
Miranda v. Arizona
Requires that anyone arrested for a crime be advised of the right of counsel and the right to remain silent
Plessy v. Ferguson
The Supreme Court case that upheld separate-but-equal segregation in 1896
Brown v. Board of Education
Supreme Court decision that overturned Plessy v. Ferguson, ended legal segregation, stated that school segregation was unconstitutional
Equal Protection Clause
Constitutional guarantee that everyone be treated equally
Affirmative Action
A policy designed to correct the effects of past discrimination; requirement by law that positive steps be taken to increase the number of minorities in businesses, schools, colleges, and labor
First Amendment
Guarantees freedom of religion, speech, press, assembly, and petition
Freedom of Petition
Right to express oneself and one's views in spoken words, actions, printed materials, assemblies or gatherings and petitions submitted to the government
Clear and Present Danger Doctrine
Test articulated by the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see “whether the words used…” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent”
Freedom of Press
The freedom of communication and expression through mediums including various electronic media and published materials
Freedom of Assembly
The right to hold public meetings and form associations without interference by the government
Selective Incorporation
A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
Libel
False written statements or written statements tending to call someone’s reputation in disrepute
Poll tax
Tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot
Jim Crow Laws
Laws enacted by southern states that discriminated against blacks by creating “whites only” schools, theaters, hotels, and other public accommodations
Segregation
The action or state of setting someone or something apart from others
Civil Rights Act of 1964
Legislation passed by Congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission
Executive Privilege
The right of the president to withhold information from Congress or refuse to testify; limited by the Supreme Court in U.S. v. Nixon
Due Process
Guarantee under the Fifth and Fourteenth Amendments that all levels of government must operate within the law and provide fair procedures of law
Fifth Amendment
Addresses protections against self-incrimination, guarantees due process, eminent domain, and grand jury indictment for capital crimes
1968 Fair Housing Act
Prohibits discrimination on the basis of race, color, or national origin in the sale or rental of most housing
Equal Employment Opportunity Commission (EEOC)
Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing
Separate but Equal
Infamously racist decision by the U.S. Supreme Court in Plessy v. Ferguson (1896) that allowed the use of segregation laws by states and local governments.
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