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Flashcards in exam 2 Deck (49)
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1

civil liberties

Basic political freedoms that protect citizens from governmental abuses of power. (page 92)

2

Civil War amendments

The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War. (page 96)

3

due process clause

Part of the Fourteenth Amendment that forbids states from denying "life, liberty, or property" to any person without due process of law. (A nearly identical clause in the Fifth Amendment applies only to the national government.) (page 96)

4

selective incorporation

selective incorporation

5

establishment clause

Part of the First Amendment that states "Congress shall make no law respecting an establishment of religion," which has been interpreted to mean that Congress cannot sponsor or favor any religion. (page 98)

6

free exercise clause

Part of the First Amendment that states that Congress cannot prohibit or interfere with the practice of religion. (page 98)

7

Lemon test

The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment's establishment clause. (page 100)

8

strict scrutiny

The highest level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be shown to serve a "compelling state interest" or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal. (page 102)

9

intermediate scrutiny

The middle level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be "content neutral," must further an important government interest in a way that is "substantially related" to that interest, and must use means that are a close fit to the government's goal and not substantially broader than is necessary to accomplish that goal. (page 102)

10

clear and present danger test

Established in Schenck v. United States, this test allows the government to restrict certain types of speech deemed dangerous. (page 103)

11

direct incitement test

Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action." (page 103)

12

symbolic speech

Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech. (page 104)

13

hate speech

Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment. (page 105)

14

prior restraint

A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials. (page 107)

15

slander

Spoken false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (page 109)

16

libel

Written false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (pag

17

libel

Written false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (pag

18

commercial speech

Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech. (page 109)

19

Miller test

Established in Miller v. California, this three-part test is used by the Supreme Court to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government. (page 110)

20

due process rights

The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's "life, liberty, or property, without due process of law." Other specific due process rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches. (page 112)

21

exclusionary rule

The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial. (page 114)

22

Miranda rights

The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial. (page 116)

23

double jeopardy

Being tried twice for the same crime. This is prevented by the Fifth Amendment. (page 116)

24

privacy rights

Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures. (page 118)

25

civil rights

Rights that guarantee individuals freedom from discrimination. These rights are generally grounded in the equal protection clause of the Fourteenth Amendment and more specifically laid out in laws passed by Congress, such as the 1964 Civil Rights Act. (page 128)

26

Jim Crow laws

State and local laws that mandated racial segregation in all public facilities in the South, many border states, and some northern communities between 1876 and 1964. (page 131)

27

"separate but equal" doctrine

The idea that racial segregation was acceptable as long as the separate facilities were of equal quality; supported by Plessy v. Ferguson and struck down by Brown v. Board of Education. (page 131)

28

protectionism

The idea under which some people have tried to rationalize discriminatory policies by claiming that some groups, like women or African Americans, should be denied certain rights for their own safety or well-being. (page 133)

29

de jure

Relating to actions or circumstances that occur "by law," such as the legally enforced segregation of schools in the American South before the 1960s. (page 146)

30

de facto

Relating to actions or circumstances that occur outside the law or "by fact," such as the segregation of schools that resulted from housing patterns and other factors rather than from laws. (page 146)