Civil Liberties and Civil Rights Flashcards
Civil Rights
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. Civil rights include laws prohibiting racial and gender discrimination.
Selective Incorporation
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 Fourteenth Amendment.
Establishment Clause
A provision of the First Amendment the prohibits Congress from establishing an official government-sponsored religion.
Free Exercise Clause
A provision of the First 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.
Clear and Present Danger Test
Judicial interpretation of the First Amendment that government may not ban speech unless it poses an imminent threat to society.
Writ of Habeas Corpus
A court order directing that a prisoner be brought before a court and that the court officers show cause why the prisoner should not be released.
Bill of Attainder
A legislative act that provides for the punishment of a person without a court trial.
Ex Post Facto Law
A law applied to an act committed before the law was enacted.
Exclusionary Rule
Supreme Court guideline that prohibits evidence obtained by illegal searches or seizures from being admitted in court.
Miranda Warnings
Warnings that police must read to suspects prior to questioning that advises them of their rights.
Strict Scrutiny
Supreme Court rule the classification by race and ethnic background is inherently suspect and must be justified by a “compelling public interest.”
Affirmative Action
A policy requiring federal agencies, universities, and most employers to take positive steps to remedy the effects of past discrimination.
Civil Liberties
Legal and constitutional rights that protect individuals from arbitrary acts of government. Civil liberties include freedom of speech and guarantees of a fair trial.
