Government by the people chapter 16 vocabulary words with book definitions.
Terms in this set (23)
The right not to be discriminated against because of race, religion, gender or ethnic origin. The constitution protects civil rights in two ways. First, it ensures that government officials do not impermissibly discriminate against us; second, it grants national and state governments the power to protect these civil rights against interference by private individuals.
Every person, by virtue of being a human being, has an equal right to protection against arbitrary treatment and an equal right to the liberties the Bill of Rights guarantees.
Is designed to provide opportunities for those who have been disadvantaged because they belong to a certain group such as minorities or women.
A legal action conferring citizenship on an alien-someone who is living in the US but is not a citizen.
Citizenship in more than one nation. For example, children born abroad to US citizens may also be citizens of the nation of which they were born. Children born in the US of parents of a foreign nation may also be citizens of their parents' country.
Right of Expatriation
The right of individuals to renounce one's citizenship; some nations do not recognize the right.
The right of women to vote; a right gained in 1920 with the passage of the 19th Amendment, which gave congress enforcement power to send federal officials to investigate elections and insure the Nineteenth Amendment was being obeyed.
Equal Protection Clause
A clause in the Fourteenth Amendment, which declares that no state (including any subdivision thereof) shall "deny any person within its jurisdiction the equal protection of laws." By interpretation, the Fifth Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.
Due Process Clause
A clause of the Fifteenth Amendment, which states that no person shall "be deprived of life, liberty, or property, without due process of law," to impose the same restraints on the national government as the Equal Protection Clause imposes on states.
Rational Basis Test
A standard developed by the courts to test the constitutionality of a law with the equal protection requirements and places the burden of proof on the parties attacking the law. They must show that the law has no rational or legitimate governmental goals.
Strict Scrutiny Test
A test applied by the court asking the government to show that there is both a "compelling governmental interest" to justify such a classification based on race or national origin and no less restrictive way to accomplish this compelling purpose.
Heightened Scrutiny Test
This test has been applied when a law classified based on sex, must be upheld by the government showing that its classification serves "important governmental objectives."
A literacy requirement in some states imposed as a condition of voting, generally used to discriminate Black voters in the South. White people were often asked simple questions, while Black people were asked questions that are more difficult. The test is now illegal.
A Democratic party primary in the old "one-party South" that was limited to white people and effectively disenfranchised black voters because of the absence of a viable Republican Candidate. Therefore the winner of the Democratic Party was guaranteed to win the general election, made unconstitutional by Smith v. Allwright (1944).
The drawing of election districts so as to ensure that members of a certain race (African American) are a minority in the district; ruled unconstitutional under the Fifteenth Amendment in Gomillion v. Lightfoot (1960).
Payment required as a condition for voting. First prohibited for national and congressional elections by the Twenty-Fifth Amendment (1964), and ruled unconstitutional for all elections under the Fourteenth Amendment in Harper v. Board of Elections (1966).
Congressional districts created to include a majority of minority voters. States could consider race when they drew electoral districts to increase the voting strength of minorities, however it cannot be the sole reason. States must provide for districts roughly proportional to the minority voters' respective shares in the voting-age population. The idea first began with Shaw v. Reno (1993).
Jim Crow Laws
State laws, formerly "blanketing Southern life," by requiring public facilities and accommodations, such as bathrooms and buses, to be segregated; first, banned in 1883 to discriminate public conveyance, then further declared unconstitutional throughout the 1950's.
A clause of the constitution (Article 1, Section 8, Clause 3) that gives congress the power to regulate all business activities that cross state lines or affect more than one state or nation.
Class Action Suit
A lawsuit brought by an individual or a group of people on behalf of all those similarity situated.
A provision in a deed to real property prohibiting its sale, rent or granting mortgage loans because of their race, color, religion, national origin, sex, handicap or because a person has children. Judicial enforcement of such deeds is unconstitutional (as of 1948).
De Jure Segregation
Segregation imposed by law.
De Facto Segregation
Segregation resulting from economic or social conditions or personal choice; such as housing patterns.
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