Government Unit 6
Terms in this set (62)
A policy designed to remedy past discriminations towards certain groups.
American with Disabilities Act of 1990
Requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.
Bill of Attainder
A legislative act that punishes an individual or group without judicial trial.
Bill of Rights
The first 10 amendments to the U.S. Constitution.
"Clear and Present Danger"
A test that became a standard by which to balance national security and freedom of speech.
The legal constitutional protections against government
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
Civil Rights Act of 1964
The law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination.
Communication in the form of advertising. It can be restricted more than many other types of speech.
A theory holding that compensation for job classifications filled chiefly by women should be the same as for those classifications filled chiefly by men if the jobs, albeit dissimilar, are regarded as having equal value.
An ethical principle of discretion as in the case of reporters refusing to cite their sources.
As a legal doctrine whereby, upon marriage, a woman's legal rights were subsumed by those of her husband.
Segregation by circumstances
Segregation by law
Due Process Clause
Part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.
The power to claim private property for public use
When law enforcement officials encourage persons to commit crimes that they otherwise would not commit.
Equality of Opportunity
A belief that everyone should have the same chance.
Equal Protection of the Laws
Part of the 14th amendment emphasizing that the laws must provide equivalent" protection" to all people.
Equal Rights Amendment
A proposed constitutional amendment designed to guarantee equal rights for women. It was originally proposed in 1923, passed by Congress in 1972 but was not ratified by the states prior to the 1982 deadline.
Part of the 1st amendment stating that "Congress shall make no law respecting an establishment of religion"
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.
Ex Post Facto Law
A retroactive criminal law that affects the accused individual negatively. These would make an action a crime that was not a crime when committed.
Federal Communications Commission (FCC)
Regulates the content, nature, and very existence of radio and television broadcasting.
Free Exercise Clause
Part of the 1st amendment that prohibits government from interfering with the practice of religion.
Federal Trade Commission (FTC)
Decides what kinds of goods may be advertised on radio and television and regulates the content of such advertising.
The term originated in late-19th-century legislation and constitutional amendments passed by a number of U.S. Southern states, which created new literacy and property restrictions on voting, but exempted those whose ancestors (grandfathers) had the right to vote before the Civil War. The Supreme Court declared it unconstitutional in 1915.
Exemption from prosecution in exchange for suspects' testimony regarding their own and others' misdeed.
The legal concept under which the Supreme court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment.
Laws employing these classifications must be subjected to more "strict scrutiny." All laws that differentiate between people on the basis of race, for example, have been designated by the courts as _____________________ and, consequently, the courts demand more elaborate proof that the classifications are necessary to achieve the state's legislative objective.
A church related school must have a secular legislative purpose, have a primary effect that neither advances nor inhibits religion, and not foster an excessive government "entanglement" with religion before receiving government aid.
Publication of false or malicious statements that damage someone's reputation.
Native American Rights Fund
Promotes human rights and educates the public about Indian rights, laws, and issues. Provides legal representation and technical assistance to Indian tribes, organizations, and individuals nationwide.
Open Housing Act of 1968
Forbade discrimination in the sale or rental of housing.
A school that provides religious education in addition to conventional education
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious or additional crime.
Small taxes levied on the right to vote that often fell due at a time of year when poor African American sharecroppers had the least cash on hand which allowed many southern states to exclude African Americans from voting.
A government preventing material from being published.
Situation occurring when the police have reason to believe that a person should be arrested.
Procedural Due Process
Protection of rights in civil and criminal proceedings
Reasonable Classification (Lindsley Test)
Classifications that bear a rational relationship to some legitimate governmental purpose. For example, doctors may be subjected to more rigorous licensing requirements than street vendors.
The unfair treatment of members of majority groups resulting from preferential policies, as in college admissions or employment, intended to remedy earlier discrimination against minorities.
Right to Privacy
The right to a private personal life free from the intrusion of government.
Money provided by the government to individuals that allows them to "purchase" education at any school, public or private.
A written authorization from a court specifying the area to be searched and what the police are searching for.
Concerned with nonreligious subjects (of education, a school, etc.)
Incitement of discontent or rebellion against a government. Any action, especially in speech or writing, promoting such discontent or rebellion.
The gradual application of the Bill of Rights to the states.
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.
Seneca Falls Declaration of Sentiments and Resolutions (1848)
Helped pave the way towards the adoption of the 19th amendment.
Laws that protect reporters from revealing their sources.
Spoken word that is malicious, false, and defamatory
Substantive Due Process
Fundamental fairness, defining vagueness of a law
Legal right to vote
Nonverbal communication, such as burning a flag or wearing an armband.
Title IX of the Education Act of 1972
Forbids gender discrimination in federally subsidized education programs, including athletics.
Unreasonable Searches and Seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment.
USA Patriot Act (2001)
Gave the government broad new powers for the wiretapping, surveillance, and investigation of terrorism suspects. It also allowed for searches of private property without probable cause and without notice to the owner until after the search has been executed.
Voting Rights Act of 1965
Is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S. Its most famous part was to outlaw literacy tests for voter registrations.
"Wall of Separation"
Thomas Jefferson's reference to the separation of church and state based on the First Amendment.
Primary elections in the Southern States of the United States of America in which any non-White voter was prohibited from participating. The Supreme Court decided in 1944 that these were unconstitutional.
Writ of Habeas Corpus
Court order requiring that a government official present a prisoner in court and explain to the judge why the person is being held.