unit 3 gov vocab

bill of attainder

bill of attainder

type of bill that allows the government to impose punishment on either an individual or a group of people without having a trial.

burger court

The Supreme Court era during which Warren Burger was the Chief Justice, this was a time of strict constructionism although he allowed the more liberal cases passed by the Warren court to stand such as Roe V Wade.

civil liberties

Freedoms granted in the Constitution to protect citizens, property, and opinions from unnecessary government interference

civil rights

Equal protection under the law and these are granted to all individuals under the 14th amendment.

due process rights

The idea that the government must follow a specific set of procedures before they can deprive someone of their civil liberties, and this must be done by trial.

establishment clause

Protects the freedom of religion by ensuring that the government does not create a national religion that everyone must follow. This is part of the first amendment.

exclusionary rule

Any evidence that is collected illegally cannot be used in a court of law.

libel

Something written that is untrue and is damaging to one’s character, can have legal consequences.

prior restraint

a form of censorship where the government looks at media before it can be sent out.

selective incorporation

The process by which laws created on the state level are implemented on a federal level, they can apply some parts of the law but are not required to apply each state law federally.

slander

verbally attempting to damage someone's reputation, and this must be false for it to count.

symbolic speech

-In between speech and action, must be representative of a bigger cause to count. Examples would be the black bands protesting the Vietnam War.

warren court

The Supreme Court under Chief Justice Earl Warren, was an incredibly progressive court and pushed for the expansion of the rights of minorities, both religious and racial, as well as criminals.

americans with disabilities act

An act that protects the civil rights of people with disabilities and ensures that they are not discriminated against on the basis of their disability. This became law in 1990.

civil rights act of 1964

This act banned the practice of discrimination based on race, gender, religion, or ethnicity both in public policies and hiring processes, and has set the precedent for many cases that followed.

equal protection clause

Under the 14th amendment, everyone should be treated the same under the law regardless of their characteristics, this also serves to ensure that a fair trial is observed.

equal rights amendment

An amendment that requires both genders are treated equally and ensures that discrimination will be minimized. Increased equality of the law to women, previously uncovered.

poll tax

One of the ways used to disenfranchise African-Americans in the south. Pay-to-vote system.

separate but equal doctrine

Created by Plessy v Ferguson that legally allowed racism to continue as long as facilities for people of color were ‘equal’ to that of those for white people. Continued an era of segregation.

strict scrutiny

Used in legal cases where the government must prove that there is a specific and necessary reason for a law to be passed and ensures that it is constitutional. An example of one that passes is laws against discrimination

title IX

No discrimination based on gender in any program funded by the government or educational setting.

actual malice

Making a statement (in a defamation case) knowing that it is false or not caring whether it is true.

arraignment

First step in a criminal case where the actual court date is set and the defendant is read the charges against them. At this point, they declare their plea.

clear and present danger test

Part of the first amendment that allows government to restrict speech if it incites violence or an illegal act.

commercial speech

Speech that promotes some form of action in the economy or trade. Advertisements are an example of this

defamation of character

A false statement about someone personally that they represent as a fact, but it needs to cause some form of harm to the person.

ex post facto laws

Laws that punish actions that have already been made. These are not legal according to the Constitution.

fighting words

This doctrine allows the government to limit the freedom of speech of individuals if what they have to say could incite violence.

free exercise clause

The government can not tell people how they can worship their religion as long as it is not harming or disturbing others in society

gag order

A judge's ability to restrict what the news outlets can say about a trial that is currently occurring to protect the integrity of a fair trial.

hate speech

Speech that targets individuals because of their traits such as race, sexual orientation, age, potential disabilities. Essentially anything that discriminates against others.

incorporation theory

The idea that the bill of rights also applies to the states under the 14th amendment due process clause.

non-protected speech

contains both obscenity and slander, these are not covered under freedom of expression.

obscenity

a category of language or imagery that contains profanity or content of a sexual nature. Anything not acceptable for children.

political speech

speech protected under the first amendment regardless of the potential danger it may contain, this addresses social concerns and policy interest.

privacy rights

the right to not having unreasonable searches and invasions by the government.

sedition

Comments made to push the people towards attempting to overthrow the government. Can also refer to the restriction of rights of the American citizens during red scare.

writ of habeas corpus

An order that requires someone held in prison be brought in front of the court and the court must explain why they are being held. Can also be used to require that someone testify before the court.

affirmative action

Giving preference to a minority group and them being more likely to receive resources or employment as a result of their external discrimination.

busing

The practice of taking students from where they live and driving them over to schools in demographically different areas, in an attempt to demonstrate desegregated schools.

civil disobedience

A nonviolent protest against unfair laws, usually occurs by calmly breaking of these laws.

civil law

Law that defines someone’s legal rights and concerns two individuals, not the government.

criminal law

Considers crimes/wrongdoing against the government. These deal strongly with punishment.

de facto segregation

Segregation that occurs because of attitudes and social expectations during a time period, NOT enforced by law. This can also occur as a result of wealth distribution.

de jure segregation

Segregation that occurs because of laws and decisions made by government agencies (state or federal) based on race. This style of segregation was heavily enforced by law.

feminism

A sociopolitical movement that aims for gender equality in all aspects of life, some far-left members of this ideology want women to hold more power than men.

gender discrimination

A policy that places preference on one gender over another. Often favors men and this can range from an economic to a social form of discrimination.

grandfather clause

If your grandfather could not vote, you could not vote either. A method of disenfranchising black voters.

literacy clause

One of the attempts of the south to disenfranchise black voters. These were outlawed by the 15th amendment. Did not actually test the ability to read

mandatory retirement

The set age where people in certain professions are required to leave and retire, regardless of if they are still capable of doing their jobs. This can be seen in pilots and air traffic controllers.

reverse discrimination

Giving preference to minority groups and discriminating against the groups that have previously been the majority group.

SCLC

The civil rights organization that created the boycott of the buses in Montgomery, Alabama during the 1950’s.

sexual harassment

Behaving in a way that makes others uncomfortable due to advances of an unwanted sexual nature, this can also include making jokes about someone in an inappropriate setting.

subpeona

A demand for someone to appear before the court, these people are often witnesses and required to stand trial. If this is ignored, one can be held in contempt of the court.

suffrage

The right to vote, many different groups have worked to gain this throughout American history.

three strikes

A form of sentencing structure in reference to criminal law that dictates that as people re-offend, the consequences for their crimes will increase each time. Third violent crime in some states leads to 25+ years of jail with no parole

white primary

Elections prior to the general election in the South where only white people were allowed to vote.

zero tolerance policy

Drawing a clear line where there are no warnings before some form of punishment is enacted. This means that the people in positions of power have some guidelines to adhere to in terms of punishment.