Chapter 4 - Civil Rights and Liberties Flashcards
Civil rights
Rights that (1) enable individuals to engage in activities central to citizenship or legal immigrant status, such as voting or petitioning the government; (2) ensure all individuals receive due process and equal treatment under the law; or (3) guarantee freedom from discriminatory actions by others that seek to deny an individual’s full status as an equal member of society
Civil liberties
Freedoms protected from interference by the government, such as freedom of speech and freedom of religion
Bill of Rights
The first 10 amendments to the Constitution, which enumerate a set of liberties not to be violated by the government and a set of rights to be protected by the government
Jim Crow laws
Laws passed after the Civil War to establish a system of segregation of public facilities and private establishments that made African Americans second-class citizens
Civil rights movement
A social movement of the 1950s and 1960s focused primarily on the situation of African Americans, but also promoting the goals that all people be treated as equals under the law and that discrimination based on race, religion, ethnicity, gender, and place of origin be eliminated
Due process
The right to legal protections against arbitrary deprivation of life, liberty, or property
Equal protection
The principle that laws passed and enforced by the states must apply fairly to all individuals
Incorporation
The process by which rights and liberties established by the Bill of Rights are applied to state and local governments through the Fourteenth Amendment
Strict scrutiny
The highestlevel standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered unconstitutional unless it advances a “compelling state interest” and represents the least intrusive means
Rational basis test
The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is assumed to be constitutional as long as its goals are clearly linked to its means
Intermediate scrutiny
An intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances “an important government objective” and is “substantially related” to the objective
Affirmative action
Efforts to redress previous discrimination against women and minorities through active measures to promote their employment and educational opportunities