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26 Cards in this Set

  • Front
  • Back

civil liberties

individual freedoms guaranteed to the people primarily by the Bill of Rights



civil rights

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

habeas corpus

the right of an accused person to be brought before a judge and informed of the charges and evidence against him or her

bill of attainder

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

ex post facto law

laws that criminalize an action after it occurs

incorporation

Supreme Court action making the protections of the Bill of Rights applicable to the states

selective incorporation

incorporation of rights on a case-by-case basis

establishment clause

the 1st Amendment guarantee that the government will not create and support an offical church

separationists

supporters of a "wall of separation" between church and state

accommodationists

supporters of government non preferential accommodation of religion

Lemon test

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

free exercise clause

the 1st Amendment guarantee that citizens may freely engage in religious activities of their choice

police power

the ability of the government to protect its citizens and maintain social order

compelling state interest

a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently

sedition

speech that criticizes the government to promote rebellion

bad tendency test

rule used by the courts that allows speech to be punished if it leads to punishable actions

clear and present danger test

rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger

imminent lawless action test

rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action

freedom of assembly

the right of the people to gather peacefully and to petition government

Miller test

rule used by the courts in which the definition of obscenity must be based on local standards

fighting words

speech intended to incite violence

political correctness

the idea that language shapes behavior and therefore should be regulated to control its social effects

prior restraint

censorship of or punishment for the expression of ideas before the ideas are printed or spoken

libel

written defamation of character

due process of law

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

exclusionary rule

rule created by the Supreme Court that evidence seized illegally may not be used to obtain a conviction