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25 Cards in this Set
- Front
- Back
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Clause in the First Amendment to the Constitution that prohibits government from restricting religious beliefs and practices that do not harm society
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Free Exercise Clause
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To be constitutional, a law must have a secular purpose, its primary effect must neither advance nor inhibit religion, and it must not foster excessive givernment entanglement with religion
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Lemon Test
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Standard used by the courts to determine whether speech may be restricted, only speech that creates a serious and immediate danger to society may be restricted
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Clear and Present Danger Doctrine
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Refers to the tendency of the courts to give preference to the First Amendment rights to speech, press, and assembly when faced with conflicts
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Preferred position
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Collectively, the First Amendment rights to free speech, press, and assembly
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Freedom of Expression
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Actions other than speech itself but protected by the First Amendment because they constitute political expression
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Symbolic Speech
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Court order directing public officials who are holding a person in custody to bring the prisoner into court and explain the reason for confinement
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Writ of Habeas Corpus
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Legislative act inflicting punishment without judicial trial; Forbidden under Article I of the constitution
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Bill of Attainder
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Retroactive criminal law that works agaisnt the accused
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Ex Post Facto law
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Court order permitting law-enforcement officials to search a location in order to seize evidence of a crime; issued only for a specified location, in connection with a specific investigation and on submission of proof that "probable cause" exists to warrant such a search
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Search Warrant
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Rule of law that evidence found in an illegal search of resulting from an illegally obtained confession may not be admitted at trial
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Exclusionary Rule
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Practice of allowing defendants to plead guilty to lesser crimes than thos with which they were originally charged in return for reduced sentences
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Plea Bargaining
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Lincoln's 1862 Civil War decleration that all slaves residing in rebel states were free. It did not abolish all slavery
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Emancipation Proclamation
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Second-class-citizen status conferred on blacks by southern segregation laws; derived from a nineteenth-century song-and-dance act that stereotyped blacks
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Jim Crow
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Ruling of the Supreme Court in the case of Plessy v. Ferguson to the effect that segregated facilities were legal as long as the facilities were equal
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Separate but Equal
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Racial imbalances not directly caused by official actions but rather by residentail patterns
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De Facto Segregation
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Strategy used by civil rights leaders such as Martin Luther King Jr. in which protesters break "unjust" laws openly but in a "loving" fashion in order to bring the injustices of such laws to public attention
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Nonviolent direct action
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Any program, whether enacted by a government or by a private organization, whose goal is to overcome the results of past unequal treatment of minorities and/or women by giving members of these groups preferential treatment in admissions, hiring, promotion, or other aspects of life
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Affirmative Action
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U.S. Supreme court cae challenging affirmative action
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Bakke Case
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Program in which a specified number or percentage of contracts mucht go to designated minorities
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Set-aside program
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Supreme Court holdin that race-based actions by governments can be done only to remedy past discrimination or to further a "compelling" interest and must be "narrowly tailored" to minimize effects on the rights of others
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Strict Scrutiny
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A provision in the federal education act forbidding discrimination agaisnt women in college athletic programs
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Title IX
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A proposed constitutional amendment, passed by Congress but never ratified by 3/4 of the states, that would have explicitly guarenteed equal rights for women
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Equal Rights Amendment
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Now illegal practice of differential pay for men versus women evern when those individuals have equal qualifications and perform the same job
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Direct Discrimination
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"Invisible" barriers to women rising to the highest positions in corporations and the professions
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Glass Ceiling
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