28 terms

Unit 5: Civil Rights/Civil Liberties 2016-17

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Civil liberties
personal freedoms, e.g., speech, assembly, religion.
Civil rights
protections against discrimination.
Clear and present danger doctrine
judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.
De facto segregation
segregation "by fact," i.e., segregation that results from such factors as housing patterns rather than law.
Double jeopardy
being prosecuted twice for the same offense. Banned by Amendment 5.
Due process clause
prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law.
Equal protection clause
14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination.
Eminent domain
the right of government to take private property for the public good. Fair compensation must be paid to the owner of such property.
Establishment clause
provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation 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 Amendment 1 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.
Incorporation
applying the Bill of Rights to the states.
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 accommodation.
Libel
written untruths that damage a reputation.
Literacy test
So uthern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.
Miranda warnings
warnings that must be read to suspects prior to questioning. Suspects must be advised that they 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 trial. The manner in which most cases are disposed of.
Police powers
powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.
Poll tax
Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.
Prior restraint
When a court stops expression before it is made
Racial gerrymandering
drawing of legislative boundaries to give electoral advantages to a particular racial group.
Sedition
advocacy of the overthrow of the government.
Separate but equal
Supreme Court doctrine established in the case of Plessy v. Ferguson.
Shield laws
state laws that protect journalists from having to reveal their sources.
Slander
spoken untruths that damage a reputation.
White primary
primary election in which Southern states allowed only whites to vote