APGOPO - Civil Liberties/Rights Vocabulary

Civil Liberties

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.