Chapter 4: Civil Liberties and Chapter 5: Civil Rights Flashcards
Civil Liberties
The protections of citizens from improper governmental action.
Strict Scruntinity
The most stringent standard of judicial review of a government’s actions in which the government must show that the law serves a “compelling state interest”
Miranda Rule
The convention derived from the Supreme Court’s 1968 ruling in the case of Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation
Establishment Clause
The First Amendment clause that says, “Congress shall make no law respecting an establishment of religion.” This law means that a wall of separation exists between church and state.
Lemon Test
Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to “excessive entanglement” with religion, and neither promotes nor inhibits the practice of religion.
Free Exercise Clause
The First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses.
Clear and Present Danger
The criterion formerly used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society.
Speech Plus
Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by the state or local authorities are acceptable if properly balanced by considerations of public order.
Prior Restraint
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States the courts forbid prior restraint except under the most extraordinary circumstances.
Libel
A written statement made in “reckless disregard of the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”
Slander
An oral statement made in “reckless disregardof the truth” and considered damaging to a victim because it is “malicious, scandalous, and defamatory”
Fighting Words
Speech that directly incites damaging conduct.
Due Process
Proceeding according to law and with adequate protection for individual rights.
Exclusionary Rule
The ability of courts to exclude evidence obtained in violation of the Fourth Amendment.
Grand Jury
A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused’s guilt or innocence.
Double Jeopardy
The Fifth Amendment right providing that a person cannot be tried twice for the same crime.
Right to Privacy
The right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions.
Civil Rights
The legal or moral claims that citizens entitled to make on the government.
Equal Protection Clause
The provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws.” This clause has been the basis for the civil rights of African Americans, women, and other groups.
Separate but Equal Rule
The doctrine that public accommodations could be segregated by race but still be equal.
De Jure Segregation
Racial segregation that is a direct result of law or official policy
De Facto segregation
Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors.
Intermediate scrutiny
The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional.
Affirmative Action
A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities.
