33 terms

AP US Gov: Civil Liberties/Civil Rights Ch. 5

Flashcards to practice/memorize key terms concerning Civil Liberties and Civil Rights
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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
de jure segregation
segregation by law, i.e., segregation that is required by government
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 proerty 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 excercise 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
Grand jury
determines whether or not to bring criminal charges against a suspect
Incorporation
applying the Bill of rights to the states
Total incorporation
view that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment
Selective Incorporation
view that the Bill of Rights is to be applied to the states in a more gradual manner on a case by case basis, also via due process clause of the 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 accommodation
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/rights
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
arrangment 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, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be 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 government
Separate but equal
Supreme Court doctrine establised in the case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodation as long as the 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 determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest
White primary
primary election in which Southern states allowed only whites to vote