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
Total incorporation
States must obey all provisions of the bill of rights because if the due process clause of the 14th amend.
Selective incorporation
Bill of rights is applied to the states in a more gradual manner in a cause by case basis
Indictment
Grand jury order that a suspect must stand trial for a criminal offense
Jim Crow laws
Southern laws that required racial segregation in places of public accommodation
Libel
Written untruths that damage a reputation
Literacy test
Way to exclude blacks from voting by requiring that votes prove their ability to read and writ w
Miranda warnings
warnings that must be read to suspects prior to questioning
Plea bargain
Arrangement in which a suspect pleads guilty to a leases offense in order to avoid a trial
Police powers
Powers that allow states to pass laws protecting the health, welfare, safety and morals of their residents
Poll tax
Southern method of excluding blacks from voting by requiring payment of tax before voting
Prior restraint
When court stops something before it happens
Racial gerrymandering
Drawing legislative boundaries to give electoral advantages to a particular racial group
Sedition
Advocate of the overthrow of the gov.
Separate but equal
Plessy v. Ferguson. Allowed state required segregation in places of public accommodation as long as the facilities are equal
Shield laws
State laws that protect journalists from having to reveal their sources
Slander
Written untruths that damage reputation
Struck scrutiny
SC guideline for determining if gov. can make racial distinctions.
White primary
Primary election in which southern states allowed only whites to vote
