gov 4 and 5

civil liberties: limitations on the power of government, designed to ensure personal freedoms

conscientious objector: a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

double jeopardy: a prosecution pursued twice at the same level of government for the same criminal action

due process clause: provisions of the Fifth and Fourteenth Amendments that limit government power to deny people 'life, liberty, or property' on an unfair basis

economic liberty: the right of individuals to obtain, use, and trade things of value for their own benefit

eminent domain: the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

establishment clause: the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

exclusionary rule: a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

Ohio: that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

free exercise clause: the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Miranda warning: a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights

obscenity: acts or statements that are extremely offensive by contemporary standards

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

plea bargain: an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

prior restraint: a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)

probable cause: legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

right to privacy: the right to be free of government intrusion

search warrant: a legal document, signed by a judge, allowing police to search and/or seize persons or property

selective incorporation: the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

self-incrimination: an action or statement that admits guilt or responsibility for a crime

Sherbert test: a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a "compelling governmental interest" at stake and it accomplishes its goal by the "least restrictive means" possible

symbolic speech: a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

undue burden test: a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

affirmative action: the use of programs and policies designed to assist groups that have historically been subject to discrimination

American Indian Movement (AIM): the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973

Black codes: laws passed immediately after the Civil War that discriminated against freed people and other African Americans and deprived them of their rights

Brown v. Board of Education: the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and “separate but equal” to be unconstitutional in public education

Ferguson: declared segregation and "separate but equal" to be unconstitutional in public education

Chicano: a term adopted by some Mexican American civil rights activists to describe themselves and those like them

civil disobedience: an action taken in violation of the letter of the law to demonstrate that the law is unjust

comparable worth: a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions

coverture: a legal status of married women in which their separate legal identities were erased

de facto segregation: segregation that results from the private choices of individuals

de jure segregation: segregation that results from government discrimination

direct action: civil rights campaigns that directly confronted segregationist practices through public demonstrations

disenfranchisement: the revocation of someone's right to vote

equal protection clause: a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law

Equal Rights Amendment (ERA): the proposed amendment to the Constitution that would have prohibited all discrimination based on sex

glass ceiling: an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization—including corporations, governments, academic institutions, and religious organizations

grandfather clause: the provision in some southern states that allowed illiterate White people to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified

hate crime: harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability

intermediate scrutiny: the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women

Jim Crow laws: state and local laws that promoted racial segregation and undermined Black voting rights in the south after Reconstruction

literacy tests: tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Plessy v. Ferguson: the 1896 Supreme Court ruling that allowed "separate but equal" racial segregation under the equal protection clause of the Fourteenth Amendment

poll tax: annual tax imposed by some states before a person was allowed to vote

rational basis test: the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

Reconstruction: the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union

Stonewall Inn: a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBTQ community there

strict scrutiny: the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Title IX: the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

Trail of Tears: the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838-1839

understanding tests: tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise Black voters

white primary: a primary election in which only White people are allowed to vote

blue law: a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

civil rights: guarantees of equal treatment by government authorities

common-law right: a right of the people rooted in legal tradition and past court rulings, rather than the Constitution