Unit 3: Civil Rights and Liberties Flashcards
Bill of Attainder Definition
a legislative act inflicting punishment without a judicial trial
Ex Post Facto Law Definition
a law retroactively increasing a punishment for a criminal act or altering the definition of a crime
Habeas Corpus Definition
an order to bring an arrested person before a judge
Black Codes Definition
laws passed by southern states, designed to replace the social controls of slavery following the end of the Civil War
Citizenship Clause Definition
clause of the Fourteenth Amendment that defines citizenship
Civil Liberties Definition
the basic natural rights such as life, liberty, and property and protection against arbitrary governmental action
Civil Rights Definition
rights that require equal treatment for groups in society by the government
Due Process Clause (Fourteenth Amendment) Definition
one of two due process clauses in the Constitution. The one in the Fourteenth Amendment allows for selective incorporation.
Equal Protection Clause Definition
a clause in the Fourteenth Amendment that requires states to treat citizens equally; does not apply to the national government or private business
Incorporation Doctrine Definition
found within the due process clause where certain items in the Bill of Rights must be included by the states
Penalty Clause Definition
a clause in the Fourteenth Amendment that provides for a reduction in the number of U.S. Representatives that a state is entitled to if it discriminates against Black voters
Ratification Definition
when nine of the 13 state conventions had to vote to accept the Constitution in order for it to become law
Eminent Domain Definition
the right of the government to take personal property for public use after providing due process and just compensation
Fifth Amendment Due Process Clause Definition
a clause that protects individual civil liberties against the national government and requires suspect classifications (race, religion, national origin, and alienage) to be treated equally by the national government
Fourteenth Amendment Due Process Clause Definition
the section of the Constitution that protects individual civil liberties against states
Intermediate Scrutiny Definition
a test used to determine if distinctions based on sex are acceptable
Procedural Due Process Definition
a process that requires that before a person is deprived of life, liberty, or property, a predetermined procedure must be followed
Rational Basis Definition
a test used to determine if other forms of distinction are acceptable
Strict Scrutiny Definition
a test used to determine if distinctions based on suspect classifications are acceptable
Substantive Due Process Definition
gets to the idea of fairness and that there are limits to the power of the government to encroach into an individual’s life
Suspect Classification Definition
a group that has been discriminated against in the past and has been recognized by the Court. Race, religion, national origin, and alienage are all suspect classifications
First Amendment Definition
the part of the Bill of Rights that protects religious liberty and freedom of expression such as speech
“Gitlow v. New York” Definition
a Supreme Court decision that required state governments to abide by an individual’s freedom of speech
“Schenck v. United States” Definition
a Supreme Court decision that created the clear and present danger doctrine related to the freedom of speech found in the First Amendment
Selective Incorporation Definition
the process by which the Supreme Court has applied portions of the Bill of Rights to the states on a case-by-case basis via the Fourteenth Amendment due process and equal protection clauses
Symbolic Speech Definition
utilizing symbols to communicate messages
“Texas v. Johnson” Definition
a Supreme Court decision that ruled state governments cannot outlaw burning an American flag as a form of political protest
“United States v. Eichman” Definition
a Supreme Court decision that ruled that the burning of an American flag, as a form of protest, is protected symbolic speech under the First Amendment
Clear and Present Danger Doctrine Definition
a Supreme Court ruling in the case of Schenck v. United States that political expression can be restricted only if it creates a serious and immediate risk to national security
Espionage Act of 1917 Definition
a law passed shortly after the United States entered World War I to limit interference with military operations and recruitment
First Amendment Definition
the part of the Bill of Rights that protects religious liberty and freedom of expression such as speech
Flag Desecration Definition
the act when someone purposefully destroys or damages a flag
Freedom of Expression Definition
the right to express thoughts and communicate those thoughts to others
Military Draft Definition
an act that requires men of a certain age to be available to serve in the military
Establishment Clause Definition
a clause in the First Amendment that prohibits the national government and, through selective incorporation, state government promoting a specific religion or religion in general
Free Exercise Clause Definition
a clause in the First Amendment that prohibits the national government and, through selective incorporation, state government from unduly interfering with an individual’s practice of religion
Lemon Test Definition
the three-part test used by the Supreme Court to determine if a government’s involvement with religion is constitutional
Separation of Church and State Definition
a phrase normally associated with the Supreme Court’s interpretation of the establishment clause of the First Amendment
Libel Definition
the printing or promoting of false information about a person or organization
Prior Restraint Definition
the ability of the United States government to withhold or prevent media from printing information that is sensitive to the security of the United States
Slander Definition
the defamation of a person’s character in print or media by tarnishing their image or reputation
Incendiary Speech Definition
the type of speech that causes a strong reaction and can lead to lawless action
Jury Definition
a group of twelve people selected from the public to give a verdict in a legal case
Legal Counsel Definition
an attorney who gives advice and defense in legal matters
Sixth Amendment Definition
the sixth addition to the Bill of Rights that outlines the rights of citizens in court; the part of the Bill of Rights that protects people accused of a crime by requiring a speedy and public trial, requiring an impartial jury, identifying the specific crime committed, making witness testimony public, and providing a lawyer for the accused
Adversary Method Definition
an approach to legal cases that requires the opposing sides to bring out pertinent information, cross-examine witnesses, and present evidence to an impartial judge or jury to render a verdict
Double Jeopardy Definition
being tried twice for the same crime
Due Process Definition
fair treatment through the normal judicial system
Eminent Domain Definition
the right of the government to take personal property for public use after providing due process and just compensation
Grand Jury Definition
a group of citizens who hear evidence from a prosecutor about potential crimes
Inquisitorial Method Definition
an approach to legal cases in which a judge is responsible for all aspects of the case including obtaining evidence, conducting an investigation, and rendering a verdict
Self-incrimination Definition
the act of implicating oneself in a crime or exposing oneself to criminal prosecution
Peremptory Challenge Definition
an objection by either the prosecutor or defense attorney to a proposed juror, made without needing to give a reason
Prejudicial Definition
harmful to someone or something, detrimental
Subpoena Definition
a writ ordering a person to attend a court
Probable Cause Definition
the belief by a reasonable person that it is more likely than not that a crime has been or is being committed
Reasonable Suspicion Definition
there is reasonable cause to suspect that a rule has been broken
Search Warrant Definition
an order issued by a judge that allows a search to take place
Exclusionary Rule Definition
the rule requiring that evidence obtained in violation of the Fourth Amendment be excluded at trial
Capital Crime Definition
a crime punishable by the death penalty
Deterrent Definition
something that keeps people from doing something in the future because they are afraid of what might happen
Homicide Definition
the killing of an individual
Parole Definition
when prisoners are released from their sentences but must meet certain conditions to maintain this level of freedom
Fourth Amendment Definition
the part of the Bill of Rights that protects people from unreasonable searches
Good Faith Exception Definition
an exception to the requirement for a warrant
Miranda Warning Definition
the rights notification given by police that came from a U.S. Supreme Court case that ruled that suspects must be advised of their right to remain silent and their right to an attorney
Federal Minimum Wage Definition
a national law that sets a minimum wage in all 50 states and the District of Columbia
Natural Rights Definition
the inalienable rights, such as life, liberty, and property, that are granted by God
Petition Definition
a request to do something, typically to a government agency or public official. The request is made on behalf of a group, with individuals signing their name to the request
Desegregation Definition
the ending of a policy that separates people by race
Justiciable Definition
the idea that a case must deal with an issue that the Court can interfere in or that can be decided by legal principles
Anti-miscegenation Law Definition
a segregation law that banned interracial marriages
Due Process Clause Definition
the portion of the Fourteenth Amendment that states no person shall be denied life, liberty, or property and that all individuals shall be treated fairly and given the opportunity to have legal matters resolved according to established rules and principles
Due Process of Law Definition
the fair treatment of a citizen through the normal judicial system
Reconstruction Amendments Definition
a series of amendments that expanded rights to enslaved Black Americans
Slave Codes Definition
the laws that were based on the concept that enslaved persons were property
Freedman Definition
a person liberated from slavery in the Civil War period
Suffrage Definition
the right to vote in public elections
Franchise Definition
the right to vote
Poll Tax Definition
a fixed sum tax levied on individuals
Abolition Definition
the desire to end slavery
Abridge Definition
to limit or reduce
Enfranchise Definition
the granting of a right or privilege; commonly referring to the right to vote
Reconstruction Era Definition
the time period after the Civil War when the federal government attempted to address the wrongs done to Black Americans under the institution of slavery and tried to make all Americans equal
Temperance Definition
the refusal to drink alcohol
Underground Railroad Definition
a network to help enslaved peoples escape to free states
Jim Crow Laws Definition
the laws that legalized the separation of people based on race in areas of school, public places, and transportation
Suppress Definition
to forcibly limit or restrict
Civil Rights Act of 1964 Definition
a law prohibiting discrimination on the basis of race, color, religion, sex, or national origin
Civil Rights Movement Definition
a movement from 1954 to 1968 that sought equal status for Black Americans
Double V Campaign Definition
a campaign for victory over fascism abroad and victory over racism at home
Executive Order 8802 Definition
an executive order signed by Franklin D. Roosevelt in 1941 banning discrimination in defense industries
March on Washington for Jobs and Freedom Definition
a march in 1963 that was organized to call attention to civil rights issues and put pressure on politicians to support change
Montgomery Bus Boycott Definition
a bus boycott from December 5, 1955 to December 20, 1956 that ended segregation on city buses in Montgomery, Alabama
Voting Rights Act of 1965 Definition
a law to enforce the Fifteenth Amendment of the U.S. Constitution by prohibiting discriminatory voting practices
Emancipation Proclamation Definition
an executive order that freed enslaved Black Americans in the rebellious Confederate states
Incorporation Doctrine Definition
fundamental rights of the Bill of Rights are applied to state law through Supreme Court Cases. The Fourteenth Amendment incorporates basic liberties and rights into the actions of state governments
Separate but Equal Definition
a legal doctrine that permitted racial segregation in public facilities and services as long as the standard and quality of the segregated facilities and services were equivalent
Precedent Definition
a decision of a court, particularly the Supreme Court, that will be used as a guide to help make future decisions
Separate Car Act Definition
an 1890 Louisiana state law that required separate train cars for White and Black American travelers in the state of Louisiana and was the subject of Plessy v. Ferguson in 1896
Legislative Intent Definition
the goals of the legislators at the time of a bill’s passage
Plain Meaning Rule Definition
an interpretation of the law that uses ordinary language when language is unclear
Textualist Definition
a method to interpret legislation according to the ordinary meaning of the words and does not consider the intent of the legislation
Affirmative Action Definition
the policies aimed at increasing the representation of women and people of color in companies, organizations, and educational institutions
Disenfranchisement Definition
the state of being deprived of a right or privilege, especially the right to vote
Institutional Racism Definition
a form of racism that is embedded in the laws and regulations of a society or an organization; also known as systemic racism
Lynching Definition
the act of putting a person to death (often by hanging) by mob action without legal approval or permission
Marginalized Definition
to treat a person, group, or concept as insignificant or peripheral
Asylum Definition
the protection granted by a nation to someone who has left their native country as a political refugee fleeing an oppressive government
Deportation Definition
the removal from a country of a person who is not a citizen
Multiculturalism Definition
the presence of several distinct cultural or ethnic groups within a society
Undocumented Noncitizen Definition
a person residing in any given country without legal documentation
Visa Definition
a conditional travel document issued by the traveler’s country of citizenship to any person seeking entry into another country or territory
Coverture Definition
the legal definition of marriage as one person
Redline Definition
a de facto segregation housing policy in which real estate could not be sold or financed to Black families within specific neighborhood boundaries
Liberal Constructionism Definition
the legal interpretation of the Constitution that uses the text to discover hidden intentions of the founders
Strict Constructionism Definition
the legal interpretation of the Constitution that uses the text only to determine founders’ intent
Interest Group Definition
a well-organized group of people with a shared identifying interest that attempts to influence the legislative process
Lobbying Definition
an attempt to influence legislation to promote specific interests
March on Washington for Jobs and Freedom Definition
1963 march that was organized in order to call attention to civil rights issues and put pressure on politicians to support change
Political Party Definition
an organization that seeks to control the government and enact their policy preferences by getting their members elected to Congress
Progressivism Definition
a reform tradition involving local, or grassroots, and national organizations seeking to use government in an active role to protect the common good from the unchecked greed of capitalism and uphold the inherent constitutional legal protections of personal property
Social Movement Definition
a large group of people that is loosely organized but seeking societal change
Dual Citizenship Definition
a person who is considered a citizen of two countries simultaneously
Diversity Jurisdiction Definition
a method used to allow federal courts the authority to hear civil cases involving parties who are citizens of two different states
Jus Sanguinis Definition
the principle that anyone born of a citizen also obtains citizenship regardless of where the person is born
Jus Soli Definition
the principle of birthright citizenship
Naturalization Definition
the process someone who is born outside the United States uses to voluntarily become a citizen of the U.S.
“Bridges v. Wixon” Definition
a Supreme Court ruling that declared that since the language in the Bill of Rights does not distinguish between citizens and noncitizens; noncitizens are therefore protected by the Bill of Rights
Permanent Resident Definition
a person granted the right to live in the United States indefinitely
Temporary Resident Definition
a foreign national granted the right to stay in a country for a certain length of time without full citizenship
Treason Definition
the act of betraying allegiance to your country by helping an enemy or waging war against one’s own country
Authoritarian System of Government Definition
a government that concentrates power through a leader, small group of people, or single political party; no real constitutional limitations on government actions exist; and the government forms all laws with no input from the people. Also, citizens must submit to government power or face serious consequences
Democratic System of Government Definition
a government in which officials are selected through free and fair elections, constitutional limitations on government actions are established, laws are created and enforced through a democratic process, and individual freedom of thought and action is allowed
Free and Fair Elections Definition
elections in which citizens have unfettered access to polling places, and the results are accurate and reliable
Political Participation Definition
activities through which people develop and express their opinions on the world and how it is governed, and try to take part in and shape the decisions that affect their lives
Security Clearance Definition
the prerequisite for government and private jobs allowing individuals access to information or areas considered secret by the government
Tribal Sovereignty Definition
the geographic areas that are solely governed by Indigenous Americans in which tribal governments have autonomy in lawmaking, establishing public services, and imposing taxes
Alien Definition
an outdated term for a person without United States citizenship or nationality (may include a stateless person); term is no longer used by the U.S. government
Conditional Resident Definition
a noncitizen granted permanent resident status under certain conditions that only the U.S. government can remove
Deportable Noncitizen Definition
a noncitizen who has been admitted into the U.S., broken the law, and is now subject to any grounds of removal specified in the Immigration and Nationality Act
Illegal Alien Definition
an outdated term used for a person who is a non-U.S. citizen who does not have permission to stay in or enter the U.S.; term is no longer used by the U.S. government
Lawful Permanent Resident Definition
a migrant not a citizen of the U.S. who is a lawfully recorded permanent resident
Migrant Definition
a person who leaves their country of origin to seek residence in another country
Noncitizen Resident Definition
a person who does not have U.S. citizenship or nationality
Refugee Definition
a migrant who fears their government will harm them due to their race, religion, nationality, social group, or political opinion
Resident Alien Definition
an outdated term used for a non-U.S. citizen currently residing in the U.S.
Resident Definition
a person who permanently lives somewhere
Returning Resident Definition
any lawful permanent resident who has been outside the U.S. and is returning to the U.S.
Temporary Resident Definition
a noncitizen who is seeking to become a temporary resident of the U.S. for a specific purpose and period of time
Undocumented Noncitizen Definition
a noncitizen convicted of a felony, who entered the U.S. unlawfully, and/or whose period of stay in the U.S. has expired
Birthright Citizen Definition
a person who is born to parents who are citizens of a country or who is born within that country
Citizen Definition
a member of a country through birth or through a process called naturalization
Citizenship Definition
when a person shows an allegiance to a state, agreeing to be legally bound by its laws and in turn is covered by its protection
Oath of Allegiance Definition
an oath of loyalty that every applicant for U.S. citizenship must make publicly prior to becoming a U.S. citizen
Undocumented Migrant Definition
a person who has immigrated to the U.S. and does not have the proper travel, carrier, or work documents to classify them as a lawful permanent resident; sometimes referred as “undocumented” or as an “illegal alien”
United States Citizenship and Immigration Services Definition
the government agency that processes citizenship applications
Green Card/Permanent Resident Card Definition
a document that proves that a noncitizen is allowed to live and work permanently in the United States
