SECTION 4 Flashcards
constitutional guarantees of equal opportunity and protection such as freedom from unwarranted searches, fair trials, and the right to vote; prescriptions or directions for governments power
CIVIL RIGHTS
freedoms guaranteed to individuals in the US Constitution’s Bill of Rights that restrain or stop government from taking particular actions, thus protecting individual choices; proscription (limits) on government’s power
CIVIL LIBERTIES
federal law that prohibits discrimination based on race, color, religion, sex, or national origin, unequal application of voter registration requirements, segregation in schools, employment and public accommodations
CIVIL RIGHTS ACT OF 1964
set of criteria the Supreme Court uses to analyze and decide court cases of discrimination; accuser must prove discrimination to the court
RATIONAL BASIS TEST
set of criteria used by a court to decide if the government is discriminating on the basis of gender or sex
INTERMEDIATE SCRUTINY TEST
rigorous set of criteria that courts use to analyze cases to see if a law or regulation is needed because of a “compelling state interest”
STRICT SCRUTINY TEST
an era in U.S. history from 1866-1877, following the civil war; addressed the transition of slave states to non-slave economies and rendered full freedom, citizenship and equality to African Americans
RECONSTRUCTION
a 1960’s movement led by MLK promoting non-violent civil disobedience against racial discrimination that led to the Civil Rights Act of 1964 along with other important anti racial discrimination laws
CIVIL RIGHTS MOVEMENT
a phrase describing a social phenomenon occurring mainly in the 1950’s and 60s; large scale migration of white people from racially mixed urban areas into racially homogeneous suburbs
WHITE FLIGHT
literally meaning “from a thing done afterward” a law that applies retroactively such as making a legal action suddenly illegal with punishments; constitution prohibits passing these
EX POST FACTO LAWS
based on Supreme Court case Mapp v. Ohio, evidence obtained as a result of an illegal search or seizure cannot be used in a criminal trial
EXCLUSIONARY RULE
a right granted to you in a law or statute
STATUTORY RIGHT
the questioning of potential jurors to determine their fitness to sit on a jury
VOIR DIRE
the form of law that is based on custom, precedent, and court decisions in England rather than on legislative decree
COMMON LAW
the right of individuals to obtain, use, and trade things of value for their own benefit
ECONOMIC LIBERTY
a power of government to take and use private property for a public purpose after fairly compensating its owner; also known as “the taking’s clause” of 5th amendment
EMINENT DOMAIN
listed in the first amendment; prohibits the federal government from passing laws to create or promote a state-sponsored religion
ESTABLISHMENT CLAUSE
located in the 1st amendment; protects the choice of each person to adopt and practice individual religious beliefs, forbidding the government to control or restrict such beliefs and practices
FREE EXERCISE CLAUSE
a clause in section 1 of the 14th amendment that prohibits the government from denying any person equal protection under the law
EQUAL PROTECTION CLAUSE
a set of laws used to discriminate against African Americans and deny rights to newly freed slaves after the Civil War
JIM CROW LAWS
an unratified amendment to the US Constitution , proposed in 1972, that would require equal treatment of all citizens regardless of sex
EQUAL RIGHTS AMENDMENT
