Unit 3 Civil Liberties and Civil Rights

Establishment clause

the government cannot promote and/or hinder a religion

Free Exercise clause

citizens have the freedom to practice their religion as long as it doesn’t violate a compelling government interest (like drug use) or public morals (like polygamy)

Symbolic speech

non-verbal speech/expression

Pure speech

verbal speech

Substantive due process

government cannot act in a way that violates individual rights (Tinker, Schenck, Wisconsin, Engel, McDonald,etc.)

Civil rights

government actions to fight discrimination

Equal protection clause

14th Amendment clause to protect the rights of minority groups and to promote equality

Affirmative action

institutional efforts to diversify based on race and gender

Color-blind Constitution

argument that race has no legitimate constitutional basis for legal or political distinctions

Color-conscious Constitution

argument that the Constitution forbids any form of discrimination based on race; equality of law is sufficient in dealing with inequalities

Jim Crow laws

de jure segregation; segregation established by state laws

Strict scrutiny

a court will look closely at laws/policies that apply race to allow only those that have a “compelling government and are “narrowly tailored”

Exclusionary rule

evidence found without a warrant, probable cause, and/or permission cannot be used in a trial

Due process clause

legal issues must be decided based on a set of rules/standards; life, liberty, or property cannot be taken without due process

Procedural due process

a strict legal/constitutional process must be followed prior to taking life, liberty, or property (right to an attorney, Miranda rights, etc.)

1st

freedom of speech, press, assembly, petition; establishment clause and free exercise clause

4th

no illegal searches and seizures

5th

eminent domain, no self-incrimination, no double jeopardy, fair trial

6th

right to counsel, speedy and public trial, impartial jury

8th

no cruel and unusual treatment

14th

established the equal protection clause

15th

voting cannot be denied based on race