sc vocab

Clear and present danger doctrine

Judicial interpretation of Amendment 1 stating government may not ban speech unless it poses an imminent threat to society.

De facto segregation

Segregation that results from housing patterns or factors other than law.

De jure segregation

Segregation required by law.

Double jeopardy

Being prosecuted twice for the same offense; banned by Amendment 5.

Due process clause

Prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process.

Equal protection clause

14th Amendment clause that prohibits states from denying equal protection under the law.

Eminent domain

Right of government to take private property for public good with fair compensation, as outlined in Amendment 5.

Establishment clause

Provision of Amendment 1 that prohibits Congress from establishing an official state religion.

Exclusionary rule

Guideline that excludes the use of illegally obtained evidence in a criminal trial, under the 4th Amendment.

Free exercise clause

Provision of Amendment 1 that prohibits Congress from prohibiting the free exercise of religion.

Grand jury

Determines whether to bring criminal charges against a suspect.

Incorporation

Applying the Bill of Rights to the states through the 14th Amendment.

Indictment

A grand jury order that a suspect must stand trial for a criminal offense.

Libel

Written untruths that damage a reputation.

Literacy test

Southern method to exclude blacks from voting, nullified by the Voting Rights Act, 1965.

Miranda warnings

Warnings read to suspects prior to questioning about their rights.

Plea bargain

Arrangement where a suspect pleads guilty to a lesser offense to avoid a trial.

Police powers

Powers allowing states to protect the health, welfare, safety, and morals of residents.

Poll tax

Southern method of excluding blacks from voting, banned by the 24th Amendment.

Prior restraint

Court stopping expression before it occurs; presumed unconstitutional.

Racial gerrymandering

Drawing legislative boundaries to give electoral advantages to a specific racial group.

Sedition

Advocacy of the overthrow of government.

Shield laws

State laws protecting journalists from revealing their sources.

Slander

Spoken untruths that damage a reputation.

Strict scrutiny

Supreme Court guideline assessing if government can make racial distinctions.