Chapter 3 Flashcards

1
Q

What are civil liberties?

A

The individual freedoms guaranteed by the Constitution that limit government.

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2
Q

What are civil rights?

A

The freedom of groups to participate fully in the public life of a nation; protected by the government primarily in the Thirteenth, Fourteenth, and Fifteenth, Nineteenth, and Twenty-sixth Amendments.

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3
Q

What is the Bill of Rights?

A

Ten amendments to the Constitution that explicitly limit government by protecting individual rights against it.

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4
Q

What are natural rights?

A

The idea that one is born with a set of rights that no government can take away.

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5
Q

What is the Fourteenth Amendment?

A

The 1868 constitutional amendment ensuring that southern states did not deny those free from enslavement their rights as citizens.

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6
Q

What is incorporation?

A

The Supreme Court action making the protections of the Bill of Rights applicable to the states.

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7
Q

What is the establishment cause?

A

The First Amendment guarantee that the government will not create and support an official state church.

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8
Q

What is the free exercise clause?

A

The First Amendment guarantee that citizens may freely engage in the religious activities of their choice.

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9
Q

What is the Lemon test?

A

The three pronged rule used by the courts to determine whether the establishment clause is violated.

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10
Q

What are accommodationists?

A

People who want to support “all” religions equally.

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11
Q

What are seperationists?

A

People who want a separation between state and church.

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12
Q

What is marriage equality?

A

The idea that marriage should not be reserved for heterosexual couples and that all marriages should be equal before the law.

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13
Q

What is freedom of expression?

A

The ability to express one’s views without government restraint.

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14
Q

What is freedom of assembly?

A

The right of the people to gather peacefully and to petition government.

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15
Q

What is sedition?

A

Speech that criticizes the government in order to promote rebellion.

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16
Q

What are fighting words?

A

Speech intended to incite violence.

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17
Q

What is libel?

A

Written defamation of character.

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18
Q

What is slander?

A

Spoken defamation of character.

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19
Q

What is the clear and present danger test?

A

The rule used by the courts that allows language to be regulated only if presents an immediate and urgent danger.

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20
Q

What is the imminent lawless action test?

A

The rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action.

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21
Q

What is the Miller test?

A

The rule used by the courts in which the definition of obscenity must be based on local standards.

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22
Q

What are prior restraint?

A

Censorship of or punishment for the expression of ideas before the ideas are printed or spoken.

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23
Q

What is net neutrality?

A

The principle that internet service providers cannot speed up or slow down access for customers or make decisions about the content they see or the apps they download.

24
Q

What is due process of right?

A

The guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairly.

25
Q

What is habeas corpus?

A

The right to be brought before a judge and informed of the charges and evidence against you.

26
Q

What is the bill of attainder?

A

A law directed at an individual or group that accuses and convicts them of a crime.

27
Q

What is the ex post facto law?

A

A law that makes something illegal after you have already done it.

28
Q

What is the exclusionary rule?

A

The rule created by the Supreme Court that evidence seized illegally may not be used to obtain conviction.

29
Q

What are Miranda rights?

A

The rights that a person has to resist questioning and not incriminate oneself; the police must inform suspects that they possess these rights.

30
Q

What is the right to privacy?

A

The judicial creation from Griswold v. Connecticut (1965) that certain rights in the Bill of Rights protected intimate decisions like family planning from state interference.

31
Q

What are strict constructionists?

A

Supporters of a judicial approach holding that the Constitution should be read literally, with the framers’ intentions uppermost in mind.

32
Q

What are judicial interpretivists?

A

Supporters of a judicial approach holding that the Constitution is a living document and that judges should interpret it according to changing times and values.

33
Q

What is discrimination?

A

Differential treatment.

34
Q

What is suspect classification?

A

A classification, such as race, for which any discriminatory law must be justified by a compelling state interest.

35
Q

What is strict scrutiny?

A

A heightened standard of review used by the Supreme Court to assess the constitutionality of laws that limit some freedoms or that make a suspect classification.

36
Q

What is compelling state purpose?

A

A fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently.

37
Q

What is de jure discrimination?

A

discrimination by laws.

38
Q

What is de facto discrimination?

A

Discrimination on the basis of life circumstances, habit, custom,, or socioeconomic status.

39
Q

What is slavery?

A

The ownership, for forced labor, or one people by another.

40
Q

What is the Thirteenth Amendment?

A

The 1865 constitutional amendment banning slavery.

41
Q

What are black codes?

A

A series of laws in the post-Civil War Soth designed to restrict the rights of formerly enslaved people before the passage of the Fourteenth and Fifteenth Amendments; denied freed Blacks the right to vote, to go to school, or to own property, which re-created the conditions of slavery under another name.

42
Q

What is the Fifteenth Amendment?

A

The 1870 constitutional amendment guaranteeing that the right to vote could not be denied on the basis of race.

43
Q

What are the Jim Crow laws?

A

Laws passed after the Thirteenth, Fourteenth, and Fifteenth Amendments granted African Americans citizen rights; intended to re-create the power relations of slavery.

44
Q

What is the civil rights movement?

A

The group effort of African Americans to claim their civil rights through a variety of means - legal, political, economic, civil disobedience - in the 1950s and 1960s.

45
Q

What is separate but equal?

A

The legal principle stemming from Plessy v. Ferguson (1896) that segregation didn’t violate the Fourteenth Amendment unless the separate facilities provided were unequal.

46
Q

What is Brown v. Board of Education?

A

The 1954 Supreme Court case that rejected the idea that separate could be equal in education.

47
Q

What is boycott?

A

The refusal to buy certain goods or services as a way to protest policy or to force political reform.

48
Q

What is integration?

A

Breaking down barriers (legal, cultural, economic) that keep races apart to allow the creation of a diverse community.

49
Q

What is racism?

A

Institutionalized power inequalities based on the perception of racial differences.

50
Q

What is white privilege?

A

The learned tendency to see the world through the lens of white culture and power.

51
Q

What is the Nineteenth Amendment?

A

The 1920 constitutional amendment granting women the right to vote.

52
Q

What is the Equal Rights Amendment?

A

A constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender.

53
Q

What is a glass ceiling?

A

The invisible but impenetrable barrier that most women face when trying to ascend the corporate or political ladder.

54
Q

What is gender bias?

A

Systemic ways of treating women differently to their detriment.

55
Q

What are stereotypes?

A

Assumptions about other people based on their race, ethnicity, gender, or sexual orientation.

56
Q

What is implicit bias?

A

The tendency for passing thoughts to confirm existing stereotypes in our minds, even if we quickly catch them.

57
Q
A