Unit 5 Vocab

Question 1

Personal freedoms, eg. speech, assembly, religion

Answer 1

Civil liberties

Question 2

Protections against discrimination

Answer 2

Civil rights

Question 3

Judicial interpretation of Amendment 2 that gov’t may not ban speech unless such speech poses an imminent threat to society

Answer 3

Clear and Present Danger Doctrine

Question 4

Segregation “by fact,” ie. segregation that results from such factors as housing patterns rather than law

Answer 4

De facto segregation

Question 5

Segregation by law, ie. segregation that is required by gov’t

Answer 5

De jure segregation

Question 6

Being prosecuted twice for the same offense, banned by Amendment 5

Answer 6

Double jeopardy

Question 7

Prohibits the national gov’t (5th amendment) and states (14 amendment) from denying life, liberty, or property without due process of law

Answer 7

Due process clause

Question 8

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Answer 8

Equal protection clause

Question 9

The right of gov’t to take private property for the public good. Fair compensation must be paid to the owner of such property

Answer 9

Eminent domain

Question 10

Provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state.

Answer 10

Establishment clause

Question 11

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial

Answer 11

Exclusionary rule

Question 12

Provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion

Answer 12

Free exercise clause

Question 13

Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865

Answer 13

Grandfather clause

Question 14

Determines whether or not to bring criminal charges against a suspect

Answer 14

Grand jury

Question 15

View that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th amendment

Answer 15

Total Incorporation

Question 16

View that the Bill of Rights is to be applied to the states in a more gradual manner on a case by case basis, also via the due process clause of the 14th amendment

Answer 16

Selective incorporation

Question 17

Applying the Bill of Rights to the states

Answer 17

Incorporation

Question 18

Grand jury order that a suspect must stand trial for a criminal offense

Answer 18

Indictment

Question 19

Southern laws that required racial segregation in places of public accomodation

Answer 19

Jim Crow laws

Question 20

written untruths that damage a reputation

Answer 20

libel

Question 21

Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write

Answer 21

Literacy test

Question 22

Warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel.

Answer 22

Miranda warnings

Question 23

Arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial. The manner in which most cases are disposed of.

Answer 23

Plea bargain

Question 24

Powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents

Answer 24

Police powers

Question 25

Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting

Answer 25

Poll tax

Question 26

When a court stops expression before it is made, eg. prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional.

Answer 26

Prior restraint

Question 27

Drawing of legislative boundaries to give electoral advantages to a particular racial group. “Majority-minority” districts include large numbers of racial minorities in order to ensure minority representation in legislatures.

Answer 27

Racial gerrymandering

Question 28

advocacy of the overthrow of the gov’t

Answer 28

sedition

Question 29

Supreme Court doctrine established in the case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodation as long as the facilities were equal

Answer 29

Separate but equal

Question 30

State laws that protect journalists from having to reveal their sources

Answer 30

Shield laws

Question 31

Spoken untruths that damage a reputation

Answer 31

slander

Question 32

Supreme Court guideline for determining in gov’t can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling gov’t interest.

Answer 32

Strict scrutiny

Question 33

Primary election in which Southern states allowed only whites to vote

Answer 33

White primary