Critical Facts: Unit 3 Flashcards
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. So basically, it’s when the Supreme Court takes a protection or right guaranteed in the Bill of Rights, and applies that to all the states as well as the Federal Government. For instance, in the Supreme Court case of Gideon v. Wainwright the Court found that the 6th amendment’s guarantee to an attorney in Federal Courts should ALSO apply to State courts as well. And now it does.
Selective Incorporation
The clause in the Fourteenth Amendment (and the 5th Amendment, for that matter) that restricts state governments from denying citizens their life, liberty, or property without legal safeguards.
Due Process Clause
This clause in the First Amendment denies the government the power to impose a religion on a person, or force citizens to support a particular religious belief.
Establishment Clause
This clause in the First Amendment protection of the rights of individuals to exercise and express their religious beliefs.
Free Exercise Clause
The suppression or censorship of material prior to publication on the grounds that it might endanger national security.
Prior Restraint
What is the rule that evidence obtained improperly by the authorities, or without a warrant, is inadmissible in court? That is, if the police conduct an illegal search, they will not be able to use anything they find against you in court.
Exclusionary Rule
The right to remain silent and to have an attorney present during questioning are important civil liberties. These rights must be given by police to individuals suspected of criminal activity.
Miranda Rights
What clause of the Fourteenth Amendment has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics.
Equal Protection Clause
In what Supreme Court case, decided in 1896, did the Court set the “Separate but Equal” doctrine that led to a decades-long era of Segregation in the United States?
Plessy v. Ferguson
Policies designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender.
Affirmative Action
The intentional refusal to obey a law in order to call attention to its injustice.
Civil Disobedience
