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Honors American Government A > Unit 3: Civil Rights and Liberties > Flashcards

Unit 3: Civil Rights and Liberties Flashcards

1
Q

Bill of Attainder Definition

A

a legislative act inflicting punishment without a judicial trial

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2
Q

Ex Post Facto Law Definition

A

a law retroactively increasing a punishment for a criminal act or altering the definition of a crime

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3
Q

Habeas Corpus Definition

A

an order to bring an arrested person before a judge

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4
Q

Black Codes Definition

A

laws passed by southern states, designed to replace the social controls of slavery following the end of the Civil War

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5
Q

Citizenship Clause Definition

A

clause of the Fourteenth Amendment that defines citizenship

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6
Q

Civil Liberties Definition

A

the basic natural rights such as life, liberty, and property and protection against arbitrary governmental action

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7
Q

Civil Rights Definition

A

rights that require equal treatment for groups in society by the government

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8
Q

Due Process Clause (Fourteenth Amendment) Definition

A

one of two due process clauses in the Constitution. The one in the Fourteenth Amendment allows for selective incorporation.

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9
Q

Equal Protection Clause Definition

A

a clause in the Fourteenth Amendment that requires states to treat citizens equally; does not apply to the national government or private business

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10
Q

Incorporation Doctrine Definition

A

found within the due process clause where certain items in the Bill of Rights must be included by the states

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11
Q

Penalty Clause Definition

A

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

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12
Q

Ratification Definition

A

when nine of the 13 state conventions had to vote to accept the Constitution in order for it to become law

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13
Q

Eminent Domain Definition

A

the right of the government to take personal property for public use after providing due process and just compensation

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14
Q

Fifth Amendment Due Process Clause Definition

A

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

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15
Q

Fourteenth Amendment Due Process Clause Definition

A

the section of the Constitution that protects individual civil liberties against states

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16
Q

Intermediate Scrutiny Definition

A

a test used to determine if distinctions based on sex are acceptable

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17
Q

Procedural Due Process Definition

A

a process that requires that before a person is deprived of life, liberty, or property, a predetermined procedure must be followed

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18
Q

Rational Basis Definition

A

a test used to determine if other forms of distinction are acceptable

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19
Q

Strict Scrutiny Definition

A

a test used to determine if distinctions based on suspect classifications are acceptable

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20
Q

Substantive Due Process Definition

A

gets to the idea of fairness and that there are limits to the power of the government to encroach into an individual’s life

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21
Q

Suspect Classification Definition

A

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

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22
Q

First Amendment Definition

A

the part of the Bill of Rights that protects religious liberty and freedom of expression such as speech

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23
Q

“Gitlow v. New York” Definition

A

a Supreme Court decision that required state governments to abide by an individual’s freedom of speech

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24
Q

“Schenck v. United States” Definition

A

a Supreme Court decision that created the clear and present danger doctrine related to the freedom of speech found in the First Amendment

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25
Q

Selective Incorporation Definition

A

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

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26
Q

Symbolic Speech Definition

A

utilizing symbols to communicate messages

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27
Q

“Texas v. Johnson” Definition

A

a Supreme Court decision that ruled state governments cannot outlaw burning an American flag as a form of political protest

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28
Q

“United States v. Eichman” Definition

A

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

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29
Q

Clear and Present Danger Doctrine Definition

A

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

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30
Q

Espionage Act of 1917 Definition

A

a law passed shortly after the United States entered World War I to limit interference with military operations and recruitment

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31
Q

First Amendment Definition

A

the part of the Bill of Rights that protects religious liberty and freedom of expression such as speech

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32
Q

Flag Desecration Definition

A

the act when someone purposefully destroys or damages a flag

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33
Q

Freedom of Expression Definition

A

the right to express thoughts and communicate those thoughts to others

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34
Q

Military Draft Definition

A

an act that requires men of a certain age to be available to serve in the military

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35
Q

Establishment Clause Definition

A

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

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36
Q

Free Exercise Clause Definition

A

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

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37
Q

Lemon Test Definition

A

the three-part test used by the Supreme Court to determine if a government’s involvement with religion is constitutional

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38
Q

Separation of Church and State Definition

A

a phrase normally associated with the Supreme Court’s interpretation of the establishment clause of the First Amendment

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39
Q

Libel Definition

A

the printing or promoting of false information about a person or organization

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40
Q

Prior Restraint Definition

A

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

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41
Q

Slander Definition

A

the defamation of a person’s character in print or media by tarnishing their image or reputation

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42
Q

Incendiary Speech Definition

A

the type of speech that causes a strong reaction and can lead to lawless action

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43
Q

Jury Definition

A

a group of twelve people selected from the public to give a verdict in a legal case

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44
Q

Legal Counsel Definition

A

an attorney who gives advice and defense in legal matters

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45
Q

Sixth Amendment Definition

A

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

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46
Q

Adversary Method Definition

A

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

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47
Q

Double Jeopardy Definition

A

being tried twice for the same crime

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48
Q

Due Process Definition

A

fair treatment through the normal judicial system

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49
Q

Eminent Domain Definition

A

the right of the government to take personal property for public use after providing due process and just compensation

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50
Q

Grand Jury Definition

A

a group of citizens who hear evidence from a prosecutor about potential crimes

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51
Q

Inquisitorial Method Definition

A

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

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52
Q

Self-incrimination Definition

A

the act of implicating oneself in a crime or exposing oneself to criminal prosecution

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53
Q

Peremptory Challenge Definition

A

an objection by either the prosecutor or defense attorney to a proposed juror, made without needing to give a reason

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54
Q

Prejudicial Definition

A

harmful to someone or something, detrimental

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55
Q

Subpoena Definition

A

a writ ordering a person to attend a court

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56
Q

Probable Cause Definition

A

the belief by a reasonable person that it is more likely than not that a crime has been or is being committed

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57
Q

Reasonable Suspicion Definition

A

there is reasonable cause to suspect that a rule has been broken

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58
Q

Search Warrant Definition

A

an order issued by a judge that allows a search to take place

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59
Q

Exclusionary Rule Definition

A

the rule requiring that evidence obtained in violation of the Fourth Amendment be excluded at trial

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60
Q

Capital Crime Definition

A

a crime punishable by the death penalty

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61
Q

Deterrent Definition

A

something that keeps people from doing something in the future because they are afraid of what might happen

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62
Q

Homicide Definition

A

the killing of an individual

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63
Q

Parole Definition

A

when prisoners are released from their sentences but must meet certain conditions to maintain this level of freedom

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64
Q

Fourth Amendment Definition

A

the part of the Bill of Rights that protects people from unreasonable searches

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65
Q

Good Faith Exception Definition

A

an exception to the requirement for a warrant

66
Q

Miranda Warning Definition

A

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

67
Q

Federal Minimum Wage Definition

A

a national law that sets a minimum wage in all 50 states and the District of Columbia

68
Q

Natural Rights Definition

A

the inalienable rights, such as life, liberty, and property, that are granted by God

69
Q

Petition Definition

A

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

70
Q

Desegregation Definition

A

the ending of a policy that separates people by race

71
Q

Justiciable Definition

A

the idea that a case must deal with an issue that the Court can interfere in or that can be decided by legal principles

72
Q

Anti-miscegenation Law Definition

A

a segregation law that banned interracial marriages

73
Q

Due Process Clause Definition

A

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

74
Q

Due Process of Law Definition

A

the fair treatment of a citizen through the normal judicial system

75
Q

Reconstruction Amendments Definition

A

a series of amendments that expanded rights to enslaved Black Americans

76
Q

Slave Codes Definition

A

the laws that were based on the concept that enslaved persons were property

77
Q

Freedman Definition

A

a person liberated from slavery in the Civil War period

78
Q

Suffrage Definition

A

the right to vote in public elections

79
Q

Franchise Definition

A

the right to vote

80
Q

Poll Tax Definition

A

a fixed sum tax levied on individuals

81
Q

Abolition Definition

A

the desire to end slavery

82
Q

Abridge Definition

A

to limit or reduce

83
Q

Enfranchise Definition

A

the granting of a right or privilege; commonly referring to the right to vote

84
Q

Reconstruction Era Definition

A

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

85
Q

Temperance Definition

A

the refusal to drink alcohol

86
Q

Underground Railroad Definition

A

a network to help enslaved peoples escape to free states

87
Q

Jim Crow Laws Definition

A

the laws that legalized the separation of people based on race in areas of school, public places, and transportation

88
Q

Suppress Definition

A

to forcibly limit or restrict

89
Q

Civil Rights Act of 1964 Definition

A

a law prohibiting discrimination on the basis of race, color, religion, sex, or national origin

90
Q

Civil Rights Movement Definition

A

a movement from 1954 to 1968 that sought equal status for Black Americans

91
Q

Double V Campaign Definition

A

a campaign for victory over fascism abroad and victory over racism at home

92
Q

Executive Order 8802 Definition

A

an executive order signed by Franklin D. Roosevelt in 1941 banning discrimination in defense industries

93
Q

March on Washington for Jobs and Freedom Definition

A

a march in 1963 that was organized to call attention to civil rights issues and put pressure on politicians to support change

94
Q

Montgomery Bus Boycott Definition

A

a bus boycott from December 5, 1955 to December 20, 1956 that ended segregation on city buses in Montgomery, Alabama

95
Q

Voting Rights Act of 1965 Definition

A

a law to enforce the Fifteenth Amendment of the U.S. Constitution by prohibiting discriminatory voting practices

96
Q

Emancipation Proclamation Definition

A

an executive order that freed enslaved Black Americans in the rebellious Confederate states

97
Q

Incorporation Doctrine Definition

A

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

98
Q

Separate but Equal Definition

A

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

99
Q

Precedent Definition

A

a decision of a court, particularly the Supreme Court, that will be used as a guide to help make future decisions

100
Q

Separate Car Act Definition

A

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

101
Q

Legislative Intent Definition

A

the goals of the legislators at the time of a bill’s passage

102
Q

Plain Meaning Rule Definition

A

an interpretation of the law that uses ordinary language when language is unclear

103
Q

Textualist Definition

A

a method to interpret legislation according to the ordinary meaning of the words and does not consider the intent of the legislation

104
Q

Affirmative Action Definition

A

the policies aimed at increasing the representation of women and people of color in companies, organizations, and educational institutions

105
Q

Disenfranchisement Definition

A

the state of being deprived of a right or privilege, especially the right to vote

106
Q

Institutional Racism Definition

A

a form of racism that is embedded in the laws and regulations of a society or an organization; also known as systemic racism

107
Q

Lynching Definition

A

the act of putting a person to death (often by hanging) by mob action without legal approval or permission

108
Q

Marginalized Definition

A

to treat a person, group, or concept as insignificant or peripheral

109
Q

Asylum Definition

A

the protection granted by a nation to someone who has left their native country as a political refugee fleeing an oppressive government

110
Q

Deportation Definition

A

the removal from a country of a person who is not a citizen

111
Q

Multiculturalism Definition

A

the presence of several distinct cultural or ethnic groups within a society

112
Q

Undocumented Noncitizen Definition

A

a person residing in any given country without legal documentation

113
Q

Visa Definition

A

a conditional travel document issued by the traveler’s country of citizenship to any person seeking entry into another country or territory

114
Q

Coverture Definition

A

the legal definition of marriage as one person

115
Q

Redline Definition

A

a de facto segregation housing policy in which real estate could not be sold or financed to Black families within specific neighborhood boundaries

116
Q

Liberal Constructionism Definition

A

the legal interpretation of the Constitution that uses the text to discover hidden intentions of the founders

117
Q

Strict Constructionism Definition

A

the legal interpretation of the Constitution that uses the text only to determine founders’ intent

118
Q

Interest Group Definition

A

a well-organized group of people with a shared identifying interest that attempts to influence the legislative process

119
Q

Lobbying Definition

A

an attempt to influence legislation to promote specific interests

120
Q

March on Washington for Jobs and Freedom Definition

A

1963 march that was organized in order to call attention to civil rights issues and put pressure on politicians to support change

121
Q

Political Party Definition

A

an organization that seeks to control the government and enact their policy preferences by getting their members elected to Congress

122
Q

Progressivism Definition

A

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

123
Q

Social Movement Definition

A

a large group of people that is loosely organized but seeking societal change

124
Q

Dual Citizenship Definition

A

a person who is considered a citizen of two countries simultaneously

125
Q

Diversity Jurisdiction Definition

A

a method used to allow federal courts the authority to hear civil cases involving parties who are citizens of two different states

126
Q

Jus Sanguinis Definition

A

the principle that anyone born of a citizen also obtains citizenship regardless of where the person is born

127
Q

Jus Soli Definition

A

the principle of birthright citizenship

128
Q

Naturalization Definition

A

the process someone who is born outside the United States uses to voluntarily become a citizen of the U.S.

129
Q

“Bridges v. Wixon” Definition

A

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

130
Q

Permanent Resident Definition

A

a person granted the right to live in the United States indefinitely

131
Q

Temporary Resident Definition

A

a foreign national granted the right to stay in a country for a certain length of time without full citizenship

132
Q

Treason Definition

A

the act of betraying allegiance to your country by helping an enemy or waging war against one’s own country

133
Q

Authoritarian System of Government Definition

A

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

134
Q

Democratic System of Government Definition

A

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

135
Q

Free and Fair Elections Definition

A

elections in which citizens have unfettered access to polling places, and the results are accurate and reliable

136
Q

Political Participation Definition

A

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

137
Q
A
138
Q

Security Clearance Definition

A

the prerequisite for government and private jobs allowing individuals access to information or areas considered secret by the government

139
Q

Tribal Sovereignty Definition

A

the geographic areas that are solely governed by Indigenous Americans in which tribal governments have autonomy in lawmaking, establishing public services, and imposing taxes

140
Q

Alien Definition

A

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

141
Q

Conditional Resident Definition

A

a noncitizen granted permanent resident status under certain conditions that only the U.S. government can remove

142
Q

Deportable Noncitizen Definition

A

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

143
Q

Illegal Alien Definition

A

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

144
Q

Lawful Permanent Resident Definition

A

a migrant not a citizen of the U.S. who is a lawfully recorded permanent resident

145
Q

Migrant Definition

A

a person who leaves their country of origin to seek residence in another country

146
Q

Noncitizen Resident Definition

A

a person who does not have U.S. citizenship or nationality

147
Q

Refugee Definition

A

a migrant who fears their government will harm them due to their race, religion, nationality, social group, or political opinion

148
Q

Resident Alien Definition

A

an outdated term used for a non-U.S. citizen currently residing in the U.S.

149
Q

Resident Definition

A

a person who permanently lives somewhere

150
Q

Returning Resident Definition

A

any lawful permanent resident who has been outside the U.S. and is returning to the U.S.

151
Q

Temporary Resident Definition

A

a noncitizen who is seeking to become a temporary resident of the U.S. for a specific purpose and period of time

152
Q

Undocumented Noncitizen Definition

A

a noncitizen convicted of a felony, who entered the U.S. unlawfully, and/or whose period of stay in the U.S. has expired

153
Q

Birthright Citizen Definition

A

a person who is born to parents who are citizens of a country or who is born within that country

154
Q

Citizen Definition

A

a member of a country through birth or through a process called naturalization

155
Q

Citizenship Definition

A

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

156
Q

Oath of Allegiance Definition

A

an oath of loyalty that every applicant for U.S. citizenship must make publicly prior to becoming a U.S. citizen

157
Q

Undocumented Migrant Definition

A

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”

158
Q

United States Citizenship and Immigration Services Definition

A

the government agency that processes citizenship applications

159
Q

Green Card/Permanent Resident Card Definition

A

a document that proves that a noncitizen is allowed to live and work permanently in the United States

160
Q
A

Honors American Government A (9 decks)

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