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civil liberities

personal freedoms (speech, assembly..)

civil rights

protections against discrimination

clear and present danger doctrine

judicial interpretation of first amendment that gov may not ban speech unless such speech poses an imminent threat to society

de facto segregation

segreation "by fact", segregation that results from factors like housing patterns rather than the law

de jure segregation

segregation by law, segregation that is required by gov

double jeopardy

being prosecuted twice for the same offense. banned by fifth amendment

due process clause

prohibits national gov (5th amendment) and states (14th) from denying life, liberty, or property

equal protection clause

14th amendment clause that prohibits states from denying equal protection under law, been used to combat discrimination

eminent domain

right of gov to take priate property for the public good. fair compensation must be paid to the owner of such property

establishment clause

provision of first amendment that prohibits congress from establishing an official state religion. basis for seperation of church and state

exclusionary rule

supreme court guideline that excludes the use of illegally obtained evidence in a criminal trial

free exercise clause

provision of first amendment stating that Congress may not prohibit the free exercise of religion

grandfather clause

southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865

grand jury

determines whether or not to bring criminal charges against a suspect

incorporation

applying the bill of rights to the states

total incorporation

the view that the states must obey all parts of the BOR

selective incorporation

view that BOR must be gradually applied to the states, through 14th amendment

indictment

grand jury order that a suspect must stand trial for a criminal offense

jim crow laws

southern laws that required racial segregation in places of public accomodation

libel

written untruths that damage a reputation

literacy test

southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write

miranda warnings

warnings that much be read to suspects prior to questioning. suspects must be advised tha tthey have the rights of silence and counsel

plea bargain

arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a tirla. most cases end with a plea bargain

police powers

powers that allow states to pass laws protecting the health, welfare, safety, and morals of thier residents

poll tax

southern method of excluding blacks from voting by requiring payment of a tax prior to voting

prior restraint

when a court stops speech or a printed story before it is made. unconstitutional

racial gerrymandering

drawing of legislative boundaries to give electoral advantages to a particular racial group. "majority-minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures

sedition

advocacy of the overthrow of gov

seperate but equal

supreme court doctrine established in plessy v ferguson. allowed state required racial segregation in pubklic places as long as facilities were equal

shield laws

state laws that protect journalists from having to reveal their sources

slander

spoken untruths that damage a reputation

strict scrutiny

supreme court guideline for determing if gov can make racial distrinctions. allowed only if they are narrowly tailored to serve a compelling gov interest

white primary

primary election in which southern states allowed only whites to vote

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