Unit 6 Vocab Flashcards
personal freedoms
Civil liberties
protections against discrimination
Civil rights
judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society
Clear and present danger doctrine
segregation that results from such factors as housing patterns rather than law
De facto segregation
segregation by law
De jure segregation
being prosecuted twice for the same offense. Banned by Amendment 5
Double jeopardy
prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law
Due process clause
14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Equal protection clause
the right of government to take private property for the public good. Fair compensation must be paid to the owner of such property
Eminent domain
provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state
Establishment clause
Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial
Exclusionary rule
provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion.
Free exercise clause
Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865.
Grandfather clause
determines whether or not to bring criminal charges against a suspect.
Grand jury
applying the Bill of Rights to the states
Incorporation
states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment
total incorporation
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
selective incorporation
grand jury order that a suspect must stand trial for a criminal offense
Indictment
Southern laws that required racial segregation in places of public accommodation.
Jim Crow laws
written untruths that damage a reputation
Libel
Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.
Literacy test
warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel.
Miranda warnings
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
Plea bargain
powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.
Police powers
Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting
Poll tax
When a court stops expression before it is made, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional.
Prior restraint
drawing of legislative boundaries to give electoral advantages to a particular racial group
Racial gerrymandering
advocacy of the overthrow of the government
Sedition
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.
Separate but equal
state laws that protect journalists from having to reveal their sources
Shield laws
spoken untruths that damage a reputation
Slander
Supreme Court guideline for determining if government can make racial distinctions
Strict scrutiny
primary election in which Southern states allowed only whites to vote
White primary
