Civil Rights and Civil Liberties Flashcards

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1
Q

Civil Rights

A

Protections from discrimination as a member of a particular group

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2
Q

Civil Liberties

A

fundamental rights and freedoms protected from infringement by the government

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3
Q

Habeas Corpus

A

A document setting out reasons for an arrest or detention

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4
Q

Ex Post Facto Laws

A

Laws criminalizing conduct that was legal at the time it occurred

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5
Q

Bills of Attainder

A

a law passed by Congress punishing an individual without a trial

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6
Q

Due Process Clause

A

The clause in the fourteenth amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards

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7
Q

Selective Incorporation

A

The piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill of Rights also apply to state governments

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8
Q

Establishment Clause

A

First Amendment Protection against the government requiring citizens to join or support a religion

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9
Q

Free Exercise Clause

A

First Amendment protection of the rights of individuals to exercise and express their religious beliefs

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10
Q

Prior Restraint

A

The suppression of material prior to publication on the grounds that it might endanger national security

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11
Q

Clear and Present Danger Test

A

Legal standard that speech posing an immediate and serious threat to national security

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12
Q

Libel

A

An untrue written statement that injures a person’s reputation

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13
Q

Obscenity

A

Words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

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14
Q

Lemon Test

A

A test determining if a government action violates the Establishment Clause of the constitution, cannot lack a secular purpose, its primary effect cannot promote or inhibit religion, and it cannot foster an excessive entanglement of government with religion.

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15
Q

Symbolic Speech

A

Protected expression in the form of images, signs, and other symbols

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16
Q

Exclusionary Rule

A

A rule that evidence obtained without a warrant is inadmissible in court

17
Q

Right to Privacy

A

an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals

18
Q

Eminent Domain

A

the right of a government or its agent to expropriate private property for public use, with payment of compensation

19
Q

Equal Protection Clause

A

A clause taken from the fourteenth amendment that prohibits any state from denying any person within its jurisdiction the equal protection of the laws

20
Q

Suffrage

A

The right to vote in political elections

21
Q

De Facto Segregation

A

Racial segregation that is not supported by law, not intentional effort to keep the races apart, but be result of natural conditions, or due to the gulf between financial classes.

22
Q

De Jure Segregation

A

Illegal segregation that is imposed by law; such as the Jim Crow Laws

23
Q

Plessy v. Ferguson

A

The Supreme Court sided with the state’s right to segregate the races in public places, claiming “separate but equal” facilities satisfied the Fourteenth Amendment.

24
Q

Jim Crow Laws

A

A law separating blacks and whites on trains, in theaters, in public restrooms, and in public schools.

25
Q

Poll Tax

A

A simple fee required of voters

26
Q

Brown v Board of Education

A

The Supreme Court put forth arguments found in social science research that the racially segregated system did damage to the black child’s psyche and instilled feelings of inferiority. The inevitably unequal schools - unequal financially, unequal in convenience of location - created significant difference between the two schools.

27
Q

Civil Rights Act of 1964

A

A landmark civil rights and labor law in the US that outlaws discrimination based on race, color, religion, sex, or national origin. Prohibits unequal application of voter registration requirements, and racial segregation in schools, employment, and public accommodations.

28
Q

Voting Rights Act of 1965

A

The law empowered Congress and the federal government to oversee state elections in Southern states. This law ended the literacy test.

29
Q

Dawes Act of 1887

A

Authorized the President to subdivide Native American tribal landholding into allotments for Native American heads of families and individuals. Also opened up remaining Native land for appropriation by white settlers

30
Q

MALDEF

A

the Mexican American Legal Defense and. Educational Fund is a non-profit civil rights organization formed to protect the rights of Latinos in the United States

31
Q

Equal Rights Amendment

A

A proposed amendment to the constitution stating that civil rights may not be denied on the basis of one’s sex

32
Q

Reasonableness Scrutiny

A

Treats sexes differently and allows for a gender bias

33
Q

Inherently Suspect Scrutiny

A

The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.

34
Q

Glass Ceiling

A

An unofficially acknowledged barrier to advancement in profession, especially affecting women and members of minorities

35
Q

American with Disabilities Act of 1990

A

A civil rights law that prohibits discrimination against individuals with disabilities in all areas of life

36
Q

Affirmative Action

A

An active effort to improve the employment or educational opportunities of members of minority groups an women sought to achieve a multicultural staff

37
Q

Reverse Discrimination

A

The practice or policy of favoring individuals belonging to groups known to have been discriminated against previously

38
Q

Bakke vs. California

A

This case addressed the medical school and its admission policy. Allan Bakke was denied admission and sued to contest the policy. He discovered that his test scores and application in general were better than some of the minorities and women who were admitted ahead of him. He argued the equal protection clause. The court ruled the reverse discrimination unconstitutional.