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47 Cards in this Set

  • Front
  • Back

Civil Liberties

individual freedoms guaranteed to the people primarily through the bill of rights (Religion)

Civil Rights

citizenship rights guaranteed to the people and protected by the government (Amendments 13, 14, 15, 19, 26)

Habeas Corpus

right of accused person to be brought before judge and be informed of charged and evidence against them

Bill of Attainder

laws under which certain specific groups or individuals are detained and sentenced without trial

Ex Post Facto Laws

Laws criminalizing an action after it occurs

Incorporation

Supreme Court applying Bill of Rights to states

Selective Incorporation

incorporation of rights on a case-by-case basis

Establishment Clause

first amendment guarantee that government will not create an official state church

Separationists

Supporters of separation of church and state

Accomodationists

support government non preferential accommodation of religion

Lemon Test

three-pronged rule used by courts to determine whether the establishment clause is violated

Free Exercise Clause

first amendment guarantee that citizens may engage in religious activities of their choice

Police Power

Ability of government to protect citizens and maintain social order

Compelling State Interest

fundamental state purpose must be shown before and can limit some freedoms or treat some groups of people differently (curfew for teenager)

Sedition

Speech criticizing government to promote rebellion

Bad Tendency Test

Rule used by courts allowing speech to be punished if it leads to punishable actions

Clear and Present Danger Test

allows language to be regulated if it presents an immediate and urgent danger

Imminent Lawless Action Test

Restricts speech only if it is aimed at producing imminent lawless action

Freedom of Assembly

right of people to gather peacefully and petition the government

Miller Test

Rule used by courts saying the the definition of obscenity must be based on local standards

Fighting Words

speech intended to incite violence

Political Correctness

Language shapes behavior and should be regulated to control social efforts

Prior Restraint

Censorship of ideas before the ideas are printed or spoken

Libel

written defamation of a character

Due Process of Law

guarantee that laws will be fair and reasonable and citizens suspected of breaking the law are treated fairly

Exclusionary Rule

Evidence seized illegally may not be used to obtain a conviction

Civil Rights

Citizenship rights given to the people and protected by the government

Suspect Classification

any discriminatory law must be justified by compelling state interest

Strict Scrutiny

heightened standard of review to assess constitutionality of laws that limit freedoms or make a suspect classification

Intermediate Standard of Review

standard of review used by Supreme Court to evaluate laws that make a suspect classification

Minimum Rationality Test

used to evaluate laws that make a non suspect classification

Black Codes

series of laws in the post Civil War south restricting rights of former slaves

Reconstruction

period after Civil War where federal Government took action to rebuild the south

Poll Taxes

taxes levied as qualification for voting

Literacy Test

tests requiring reading skills as a qualification for voting

Grandfather clauses

Exempted those from voter restrictions who were descendants of voters in 1867

Jim Crow Laws

Southern laws intended to deny blacks rights on basis other than race

Segregation

Practice of separating races

Plessy V. Ferguson

Supreme court case establishing constitutionality of "separate but equal"

NAACP

interest group founded in 1910 to promote civil rights for African Americans

Brown V. Board of Education

Supreme Court case ruling that "separate but equal" was unconstitutional for education

De jure Discrimination

discrimination arising fro or supported by law

De Facto Discrimination

Discrimination that is the result of tradition and habit

Busing

achieving racial balance by transporting students to schools across neighborhood boundaries

Affirmative Action

policy of creating opportunity for members of certain groups as substantive remedy for past discrimination

English-only Movements

efforts to make English the official language of the US

Equal Rights Amendment

constitutional amendment passed by Congress but never ratified that would have banned gender discrimination