Civil Liberties/ Civil Rights Flashcards
Civil rights
Protections against discrimination
Civil Liberties
Personal freedoms (speech, assembly, etc)
Clear and present danger doctrine
Judicial interpretation of 1st amend. that gov. may not ban speech unless it is a threat to society
De facto segregation
Segregation by fact
De jure segregation
Segregation by law
Double jeopardy
Being prosecuted twice for the same offense (banned by 5th amend)
Due process clause
Prohibits national gov. and states from denying life, liberty or property without due process of law
Equal protection clause
14th amend. clause that prohibits states from denying equal protection under the law
Eminent domain
Right of gov. to take private property for the public good
Establishment clause
Provision in 1st amend. that prohibits congress from establishing an official state religion. Basis for separation of church and state
Exclusionary rule
Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial
Free exercise clause
Congress may not ban free exercise of religion
Grandfather clause
Excludes blacks from exercising right to vote. Only those whose grandfathers had voted before 1865 could vote
Grand jury
Determines whether or not to bring criminal charges against a suspect
Incorporation
Applying bill of rights to states