08. Key Terms - Civil Liberties and Civil Rights Flashcards
Legal and constitutional rights that protect individuals from arbitrary acts of government and include freedom of speech and a guaranteed fair trial
Civil liberties
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals; includes laws prohibiting racial and gender discrimination
Civil rights
The case-by-case process by which liberties listed in the Bill of Rights have been applied to the states using the due process clause of the 14th Amendment
Selective incorporation
A provision of the 1st Amendment that prohibits Congress from establishing an official government-sponsored religion
Establishment clause
A provision of the 1st Amendment that guarantees each person the right to believe what he or she wants. However, a religion cannot make an act legal that would otherwise be illegal
Free exercise clause
Judicial interpretation of the 1st Amendment that government may not ban speech unless it poses an imminent threat to society
Clear-and-present danger test
A court order saying that a prisoner must be brought before a court and the court officers must say why the prisoner shouldn’t be released
Writ of habeas corpus
A legislative act that provides for the punishment of a person without a court trial
Bill of attainder
A law applied to an act committed before the law was enforced
Ex post facto law
Supreme Court guideline prohibiting evidence obtained by illegal searches or seizures from being admitted in court
Exclusionary rule
Warnings that police must read to suspects prior to questioning that advises them of their rights
Miranda warnings
Supreme Court rule that classification by race and ethnic background is inherently suspect and must be justified by a “compelling public interest”
Strict scrutiny
A policy requiring federal agencies, universities, and most employers to take positive steps to remedy the effects of past discrimination
Affirmative action
The rights we have that protect us from arbitrary acts are called:
Civil liberties
The laws the government have to protect us from arbitrary acts are called:
Civil rights