Civil Rights and Civil Liberties Flashcards
What are Civil Liberties?
Constitutional protections against infringement by the government.
What are Civil Rights?
Policies that protect people from arbitrary or discriminatory treatment by the government; ensures equal protection of the laws.
What is the Due Process Clause?
14th amendment clause that protects individuals from infringements by the government and has been used to incorporate civil liberties to the states.
What is the Equal Protection Clause?
14th amendment clause that declares states cannot unreasonably discriminate against individuals; has been used to incorporate civil rights.
What is Selective Incorporation?
The process of gradually applying the Bill of Rights to the states.
What is Prior Restraint?
Censorship of a publication before it is printed; typically not allowed under the law.
What is the Clear-and-present danger test?
This standard, set forth in Schenck v. U.S., declares that speech is not covered by the 1st amendment if it poses a public threat.
What is Libel?
Written expression that is both false and malicious.
What is Slander?
Spoken expression that is both false and malicious.
What is Symbolic Speech?
Expressing a political message through an action.
What is the Free Exercise Clause?
First Amendment requirement that allows people to practice whatever religion they choose.
What is the Establishment Clause?
First amendment provision that declares the government may not declare a national religion or give preference to one religion over another.
What is the Miranda Rule?
Policy that police officers must inform all suspects of their rights before questioning.
What is the Exclusionary Rule?
This standard states that evidence gained without a proper warrant may not be used in a criminal trial.
What is Double Jeopardy?
This provision states that an individual may not be tried for the same crime twice.
What is a Search Warrant?
A court order signed by a judge that authorizes law enforcement to conduct a search of a person, property, or location.
What is Probable Cause?
Reasonable foundation for issuing a search warrant or making an arrest; more than mere suspicion.
What is the Separate-but-equal Doctrine?
Doctrine established in Plessy v. Ferguson that segregated facilities may be established for different races and still be considered equal.
What is De jure Segregation?
Racial segregation enforced by law.
What is De facto Segregation?
Racial segregation that occurs not as a result of the law, but as a result of residential patterns and customs.
What is Civil Disobedience?
Opposing a law considered unjust by peacefully disregarding it and accepting the resulting punishment.
What is Affirmative Action?
Positive steps taken by the government to increase minority participation in some institutions by appointing or giving preference to more minority-group members.
What is the Civil Rights Act of 1964?
Law that prohibited segregation in public accommodations and banned employment discrimination on the basis of race, color, sex, religion, or national origin.
What is the Voting Rights Act of 1965?
Law that aimed to limit voting barriers for African Americans, most notably the use of discriminatory literacy tests.
What is Title IX?
Law that was passed as part of the Education Amendments of 1972 that prohibited sex-based discrimination in any educational program or activity receiving federal funding.
What does the 1st Amendment protect?
This constitutional provision protects an individual’s right to free speech, press, religion, assembly, and petition.
What does the 2nd Amendment protect?
This constitutional provision protects an individual’s right to bear arms.
What does the 4th Amendment protect?
This constitutional provision protects an individual’s right against unreasonable searches and seizures.
What does the 5th Amendment protect?
This constitutional provision protects individuals from incriminating themselves or facing double jeopardy, among other protections regarding legal proceedings.
What does the 6th Amendment guarantee?
This constitutional provision guarantees the right to a speedy and public trial, the right to counsel, and the right to confront and present witnesses, among other legal protections.
What does the 8th Amendment protect?
This constitutional provision protects an individual from cruel and unusual punishment and excessive bail or fines.
What does the 14th Amendment provide?
This constitutional provision provides a guarantee of citizenship, as well as equal protection and due process, which have been the sources of incorporation for key protections in the Bill of Rights.
