Abernathy/Waples, American Government: Stories of a Nation, Presidential Election Update 1E - Chapter 8 & 9 (Unit 3)

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40 Terms

1
civil rights
protections from discrimination as a member of a particular group.
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2
Thirteenth Amendment
constitutional amendment that outlaws slavery.
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3
Fourteenth Amendment
constitutional amendment asserting that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law.
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4
equal protection clause
a clause of the Fourteenth Amendment that requires the states to treat all citizens alike with regard to application of the laws.
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5
Fifteenth Amendment
constitutional amendment that gave African Americans the right to vote.
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6
separate but equal

the doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal.

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7
legal segregation
the separation by law of individuals based on their race.
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8
de jure segregation

the separation of individuals based on their characteristics, such as race, by law.

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9
de facto segregation

a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns.

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10
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 or gender.

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11
social movement
large groups of citizens organizing for political change.
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12
civil disobedience
the intentional refusal to obey a law to call attention to its injustice.
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13
Civil Rights Act of 1964
legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate.
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14
Voting Rights Act of 1965

legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states.

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15
Nineteenth Amendment
a 1920 constitutional amendment granting women the right to vote.
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16
Title IX of the Higher Education Amendments of 1972

legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs.

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17
civil liberties
fundamental rights and freedoms protected from infringement by the government.
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18
Bill of Rights
a list of fundamental rights and freedoms that individuals possess. The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights.
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19
due process clause

the clause in the Fourteenth Amendment that restricts state governments from denying their citizens their life, liberty, or property without legal safeguards.

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20
selective incorporation
the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case by case basis.
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21
establishment clause
First Amendment protection against the government requiring citizens to join or support a religion.
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22
free exercise clause
First Amendment protection of the rights of individuals to exercise and express their religious beliefs.
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23
freedom of expression

a fundamental right affirmed in the First Amendment to speak, publish, and protest.

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24
clear and present danger test
legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment.
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25
prior restraint
the suppression of material prior to publication on the grounds that it is harmful or might endanger national security.
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26
symbolic speech

protected expression in the form of images, signs, and other symbols.

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27
libel
an untrue written statement that injures a person's reputation.
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28
slander
an untrue spoken expression that injures a person's reputation.
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29
obscenity and pornography

words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit.

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30
ex post facto law
a law punishing people for acts that were not crimes at the time they were committed.
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31
bill of attainder
when the legislature declares someone guilty without a trial.
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32
writ of habeas corpus
the right of people detained by the government to know the charges against them.
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33
procedural due process
a judicial standard requiring that fairness be applied to all individuals equally.
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34
warrant
a document issued by a judge authorizing a search.
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35
probable cause
reasonable belief that a crime has been committed or that there is evidence indicating so.
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36
exclusionary rule
a rule that evidence obtained without a warrant is inadmissible in court.
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37
grand jury


a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted and subsequently tried in a court of law.

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38
double jeopardy
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction.
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39
Miranda rights
the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity.
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40
bail
an amount of money posted as a security to allow the charged individual to be freed while awaiting trial.
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