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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) |
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Civil Rights |
citizenship rights guaranteed to the people and protected by the government (Amendments 13, 14, 15, 19, 26) |
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Habeas Corpus |
right of accused person to be brought before judge and be informed of charged and evidence against them |
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Bill of Attainder |
laws under which certain specific groups or individuals are detained and sentenced without trial
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Ex Post Facto Laws
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Laws criminalizing an action after it occurs
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Incorporation
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Supreme Court applying Bill of Rights to states
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Selective Incorporation
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incorporation of rights on a case-by-case basis
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Establishment Clause
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first amendment guarantee that government will not create an official state church
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Separationists |
Supporters of separation of church and state
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Accomodationists
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support government non preferential accommodation of religion
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Lemon Test
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three-pronged rule used by courts to determine whether the establishment clause is violated
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Free Exercise Clause
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first amendment guarantee that citizens may engage in religious activities of their choice
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Police Power
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Ability of government to protect citizens and maintain social order
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Compelling State Interest
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fundamental state purpose must be shown before and can limit some freedoms or treat some groups of people differently (curfew for teenager)
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Sedition
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Speech criticizing government to promote rebellion
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Bad Tendency Test |
Rule used by courts allowing speech to be punished if it leads to punishable actions |
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Clear and Present Danger Test |
allows language to be regulated if it presents an immediate and urgent danger |
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Imminent Lawless Action Test |
Restricts speech only if it is aimed at producing imminent lawless action |
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Freedom of Assembly |
right of people to gather peacefully and petition the government |
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Miller Test |
Rule used by courts saying the the definition of obscenity must be based on local standards |
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Fighting Words |
speech intended to incite violence |
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Political Correctness |
Language shapes behavior and should be regulated to control social efforts |
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Prior Restraint |
Censorship of ideas before the ideas are printed or spoken |
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Libel |
written defamation of a character |
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Due Process of Law |
guarantee that laws will be fair and reasonable and citizens suspected of breaking the law are treated fairly |
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Exclusionary Rule |
Evidence seized illegally may not be used to obtain a conviction |
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Civil Rights |
Citizenship rights given to the people and protected by the government |
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Suspect Classification |
any discriminatory law must be justified by compelling state interest |
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Strict Scrutiny |
heightened standard of review to assess constitutionality of laws that limit freedoms or make a suspect classification |
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Intermediate Standard of Review |
standard of review used by Supreme Court to evaluate laws that make a suspect classification |
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Minimum Rationality Test |
used to evaluate laws that make a non suspect classification |
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Black Codes |
series of laws in the post Civil War south restricting rights of former slaves |
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Reconstruction |
period after Civil War where federal Government took action to rebuild the south |
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Poll Taxes |
taxes levied as qualification for voting |
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Literacy Test |
tests requiring reading skills as a qualification for voting |
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Grandfather clauses |
Exempted those from voter restrictions who were descendants of voters in 1867 |
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Jim Crow Laws |
Southern laws intended to deny blacks rights on basis other than race |
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Segregation |
Practice of separating races |
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Plessy V. Ferguson |
Supreme court case establishing constitutionality of "separate but equal" |
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NAACP |
interest group founded in 1910 to promote civil rights for African Americans |
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Brown V. Board of Education |
Supreme Court case ruling that "separate but equal" was unconstitutional for education |
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De jure Discrimination |
discrimination arising fro or supported by law |
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De Facto Discrimination |
Discrimination that is the result of tradition and habit |
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Busing |
achieving racial balance by transporting students to schools across neighborhood boundaries |
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Affirmative Action |
policy of creating opportunity for members of certain groups as substantive remedy for past discrimination |
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English-only Movements |
efforts to make English the official language of the US |
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Equal Rights Amendment |
constitutional amendment passed by Congress but never ratified that would have banned gender discrimination |