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
The state of Florida can’t make any segregation laws that would harm my rights guaranteed by the Bill of Rights. This would be called:
Selective incorporation
Many other nations identify Catholicism as their main religion. The United States government cannot identify with an official religion because of the:
Establishment clause
I’m allowed to practice the Rastafarian religion here in America because of ______________. But the _________________ says I can’t break the law by smoking marijuana (at least in a state where it’s illegal), even IF it’s in my religion
Free exercise clause
If I were to be talking about random gibberish, Obama and the government can’t take away that right. But if I said something that can pose a national threat, my freedom of speech can be taken away. This would be an example of:
Clear-and-present danger test
If I’m in jail for anything, I can request a _____________ and have the judges determine if I’m being held in jail lawfully or if I deserve to be released
Writ of habeaus corpus
I was charged with a federal crime. Congress passed a _______________ and I was punished without ever going to court, what did Congress pass?
Bill of attainder
Before it was illegal, I use to drink lemonade. Now, drinking lemonade is illegal. Though this type of law was made after I started drinking lemonade, I can’t be arrested for it since this is an ____________
Ex post facto law
Remember Ms. Mapp? Her “special” magazines were confiscated by the official, but not confiscated the legal way. The police disobeyed this one rule since they didn’t have a warrant. What’s the rule called?
Exclusionary rule
If I was arrested as a suspect for committing a crime, the police are required to read me my _________________.
Miranda warnings (Miranda rights)
For a court to apply ________________, there must be an abridged fundamental right with the law’s enactment a law that involves a suspect classification. Suspect classifications have come to include race, national origin, religion, alienage, and poverty.
Strict scrutiny
UCF feels bad for the past discrimination of black people. So, they have guaranteed my admission. UCF would be taking:
Affirmative action
