Chapter 15: Civil Rights Flashcards
Freedoms protected from government interference, namely in the Bill of Rights
Civil liberties
Legal doctrine that demands a person who is arrested must have a timely hearing before a judge
Habeas corpus
Law that declares a person or group guilty or punishes them without trial. prohibited by constitution
Bill of attainder
Law that retroactively declares a law illegal, prohibited by constitution
Ex post facto law
Portion of amendment 14 that prevents states from making laws abridging rights granted in Constitution
Privileges or immunities clause
Section of amendment 14 that prohibits deprivation of “life, liberty, and the pursuit of happiness” without “due process of law”
Due process clause
Section of amendment 14 providing equal treatment by govt. for all people residing in USA
Equal protection clause
Gradual spread of protections granted by the BOR to the states by the supreme court
Selective incorporation
Supreme court standard that the govt can only prohibit speech if it directly leads to breaking of the laws
Imminent lawless action test
Govt. actions prohibiting publication or broadcast of materials (rather than punishing publication after)
Prior restraint
First amendment freedoms
Freedom of speech, press, religion, assembly, petition
Portion of amendment 1 that prevents congress from impeding religious observances or impinging on religious beliefs
Free exercise clause
Part of first amendment that prohibits congress from establishing an official religion, basis for separation of church and state
Establishment clause
Supreme court standard that for a law with a religious element to be constitutional, it must have a secular purpose, its primary effect cannot be to advance or impede religion, and it cannot foster entanglements between govt. and religion
Lemon test
Legal doctrine referring to reasonable belief that a crime has been committed
Probable cause
