We The People - Chapter 4 Vocab

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Affirmative action

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government policies or programs that seek to address past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities

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Bill of Rights

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the first ten amendments to the Constitution, which guarantee certain rights and liberties to the people

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Bills of attainder

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laws that decree a person guilty of a crime without a trial

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Brown v. Board of Education

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the 1954 Supreme Court decision that struck down the “separate but equal” doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions

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Civil liberties

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areas of personal freedom with which governments cannot interfere

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Civil rights

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legal or moral claims that citizens are entitled to make on government

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“clear and present danger” test

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test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

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De facto

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literally, “by fact”; practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today

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De jure

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literally, “by law”; legally enforced practices, such as school segregation in the South before the 1960s

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Double jeopardy

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the Fifth Amendment right providing that a person cannot be tried twice for the same crime

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Dual citizenship

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the status of being governed by both the U.S. federal government and the individual’s state government

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Due process of law

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the right of every citizen to be protected against arbitrary action by national or state governments

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Eminent domain

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the right of government to take private property for public use

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Equal protection clause

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provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws.” This clause has served as the basis for the civil rights of African Americans, women, and other groups

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Establishment clause

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the First Amendment clause that says that “Congress shall make no law respecting an establishment of religion.” This means that a “wall of separation” exists between church and state

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Exclusionary rule

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the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

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Ex post facto laws

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laws that declare an action to be illegal after it has been committed

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Fifteenth Amendment

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one of three Civil War amendments; guaranteed voting rights for African American men

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Fighting words

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speech that directly incites damaging conduct

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Fourteenth Amendment

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one of three Civil War amendments; guaranteed equal protection and due process

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Free exercise clause

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the First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses

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Grand jury

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jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence

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Habeas corpus

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a court order demanding that an individual in custody be brought into court and shown the cause for detention

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Incorporation

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the process by which court decisions have required the states to follow parts of the Bill of Rights based on the use or application of the Fourteenth Amendment

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Libel

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a written statement, made in “reckless disregard of the truth,” which is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

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Miranda rule

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the requirement, articulated by the Supreme Court in Miranda v. Arizona (1966), that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

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Preferred freedoms

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certain protections in the Bill of Rights, such as free speech and free press, that are considered even more important than other freedoms

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Prior restraint

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an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

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Right to privacy

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the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions

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“separate but equal” rule

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doctrine that public accommodations could be segregated by race but still be equal

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Slander

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an oral statement, made in “reckless disregard of the truth,” which is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

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Speech plus

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speech accompanied by conduct or physical activity such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

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Strict scrutiny

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test, used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights, which places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

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Thirteenth Amendment

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one of three Civil War amendments; abolished slavery