Unit 2 Civil Liberties/Civil Rights Vocab (All) Flashcards
Bill of Rights
Amendments:
1 - Freedom of Religion, Speech, and the Press
2 - The Right to Bear Arms
3 - The Housing of Soldiers
4 - Protection from Unreasonable Searches and Seizures
5 - Protection of Rights to Life, Liberty, and Property
6 - Rights of Accused Persons in Criminal Cases
7 - Rights in Civil Cases
8 - Excessive Bail, Fines, and Punishments Forbidden
9 - Other Rights Kept by the People
10 - Undelegated Powers Kept by the States and the People
“Balancing test”
any judicial test in which the jurists weigh the importance of multiple factors in a legal case
14th Amendment
granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed
Due process of law
fair treatment through the normal judicial system, especially as a citizen’s entitlement
Equal protection of the law
requiring that states guarantee the same rights, privileges, and protections to all citizens (14th Amendment)
Privileges and Immunities
(Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner
“jus solis” vs. “jus sanguinis”
“jus solis” - right of anyone born in the territory of a state to nationality or citizenship
“jus sanguinis” - citizenship is not determined by place of birth but by having one or both parents who are citizens of the state
Selective incorporation
states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Barron v. Baltimore- United States Bill of Rights could not be applied to state governments
Gitlow v. New York-defined the scope of the First Amendment’s protection of free speech
Freedom of Religion
the right to practice whatever religion one chooses
Establishment Clause
clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress
Free Exercise Clause
clause in the First Amendment to the U.S. Constitution prohibiting Congress from making any law prohibiting the free exercise of religion
Wall-of-separation
Jefferson’s eight-word phrase, “a wall of separation between Church and State”
“Lemon Test”
three-part test enunciated in Lemon v. Kurtzman used to asses whether a law violates the Establishment Clause
Parts of the test-
1) statute must have a secular legislative purpose
2) primary effect must be one that neither advances nor inhibits religion
3) statute must not foster an excessive government entanglement with religion
Freedom of expression
Collectively, the rights to engage in freedom of speech, freedom of association, freedom of the press, and freedom of religion.
“Prior restraint”
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful (First Amendment severely limits ability of government to do this)
“Clear and present danger” test
determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly
such as shouting “fire” in a crowded theater (speech), printing a list of the names and addresses of CIA agents (press) or gathering together a lynch mob (assembly)
Libel and Slander (defamation)
Defamation- damaging the good reputation of someone
Libel- written defamatory statement
Slander- spoken or oral defamatory statement
Obscenity
an extremely offensive word or expression
“Pure speech”
Spoken
“Speech plus”
Signs
“Symbolic speech”
Slogans/Actions
ACLU
American Civil Liberties Union
defended the rights of individuals aligned with unpopular causes, including American communists and Nazis
Exclusionary rule
aw that prohibits the use of illegally obtained evidence in a criminal trial
Search warrant
legal document authorizing a police officer or other official to enter and search premises
Probable cause vs. Reasonable suspicion
Probable cause - reasonable grounds (for making a search, pressing a charge, etc.)
Reasonable suspicion- legal standard for arrests and warrants based on specific facts
Self-incrimination
act of implicating oneself in a crime or exposing oneself to criminal prosecution
“Good-faith” exception
illegally gathered evidence can be admitted at trial if police officers have reason to believe their actions are legal
Miranda warning
must be told of the Fifth Amendment right not to make any self-incriminating statements
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.
Eminent Domain
right of a government to expropriate private property for public use, with payment of compensation
Right to privacy
concept that one’s personal information is protected from public scrutiny (not directly stated in the Constitution)
Civil Rights
ights of citizens to political and social freedom and equality
Suspect classifications
any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination
Strict scrutiny
A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy.
Jim Crow laws
southerners reasserted their dominance by denying African Americans basic social, economic, and civil rights, such as the right to vote
De jure segregation
separation enforced by law
De facto segregation
widespread individual preferences, sometimes backed up with private pressure, lead to separation.
“Separate but equal”
racially segregated but ostensibly ensuring equal opportunities to all races.
(Plessy v. Ferguson)
National Association for the Advancement of Colored People (NAACP)
African-American civil rights organization in the United States
Brown v. BOE Topeka and “Brown 2”
- The Court ruled that segregation in public schools is prohibited by the Constitution.
Civil disobedience
the refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest
Public accommodations
entities, both public and private, that are used by the public.
(Ex. retail stores, rental establishments and service establishments, as well as educational institutions, recreational facilities and service centers)
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
Voting Rights Act of 1965
eliminated various devices, such as literacy tests, that had traditionally been used to restrict voting by black people
19th Amendment
gave women the right to vote in 1920
Reasonableness standard
test which asks whether the decisions made were legitimate and designed to remedy a certain issue under the circumstances at the time (sexual harassment)
Equal Rights Amendment (ERA) 1972
was NEVER ratified amendment to the Constitution that would prohibit denial or abridgement of rights on the basis of sex
Title VII (Civil Rights Act 1964)
federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion
Title IX (Civil Rights Act 1964)
prohibits discrimination on the basis of sex by recipients of federal funds
“Comparable worth”
concept that women and men should receive equal pay for jobs calling for comparable skill and responsibility
Age Discrimination in Employment Act
forbids employment discrimination against anyone at least 40 years of age in the United States
“Wet foot, dry foot”
says that anyone who fled Cuba and entered the United States would be allowed to pursue residency a year later
American Association of Retired Persons (AARP)
nation’s leading organization for people age fifty and older
Americans with Disabilities Act (ADA)
prohibits discrimination against people with disabilities
“Least Restrictive Environment” (educational setting)
requirement in federal law that students with disabilities receive their education, to the maximum extent appropriate, with non-disabled peers and that special education students are not removed from regular classes unless, even with supplemental aids and services, education in regular classes cannot be achieved satisfactorily
Equality of Opportunity vs. Equality of Result/Outcome
describes a state in which people have approximately the same material wealth or in which the general economic conditions of their lives are similar
Affirmative Action
an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination
Reverse discrimination
policy of favoring individuals belonging to groups known to have been discriminated against previously
Bakke, Gratz, Gutter and Fischer cases (UnivCali, Michigan, UTAustin)
universities may take race into consideration as one factor among many when selecting incoming students
