We the People Chapter 4

Habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention (page 93)

Libel

a written statement, made in 'reckless disregard of the truth,' that is considered damaging to a victim because it is 'malicious, scandalous, and defamatory' (page 103)

Prior restraint

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances (page 103)

Slander

an oral statement, made in 'reckless disregard of the truth,' which is considered damaging to the victim because it is 'malicious, scandalous, and defamatory' (page 103)

Civil liberties

areas of personal freedom with which governments are constrained from interfering. (page 91)

separate but equal rule

doctrine that public accommodations could be segregated by race but still be considered equal. (page 115)

Affirmative action

government policies or programs that seek to address past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities. (page 130)

Bills of attainder

laws that declare a person guilty of a crime without a trial. (page 93)

Ex post facto laws

laws that declare an action to be illegal after it has been committed. (page 93)

De facto

literally, 'by fact'; practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today. (page 117)

De jure

literally, 'by law'; legally enforced practices, such as school segregation in the South before the 1960s. (page 117)

Civil rights

obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens. (page 92)

Thirteenth Amendment

one of three Civil War amendments; abolished slavery (page 114)

Fourteenth Amendment

one of three Civil War amendments; guaranteed equal protection and due process (page 114)

Fifteenth Amendment

one of three Civil War amendments; guaranteed voting rights for African American men (page 114)

Equal protection clause

provision of the Fourteenth Amendment guaranteeing citizens 'the equal protection of the laws.' This clause has served as the basis for the civil rights of African Americans, women, and other groups. (page 114)

speech plus

speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order (page 102)

Fighting words

speech that directly incites damaging conduct (page 105)

clear and present danger test

test to determine whether speech is protected or unprotected, based on its capacity to present a 'clear and present danger' to society. (page 100)

Strict scrutiny

test, used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights, that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional (page 100)

Brown v. Board of Education

the 1954 Supreme Court decision that struck down the 'separate but equal' doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion for discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions. (page 116)

Double jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime. (page 109)

Free exercise clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses (page 98)

Establishment clause

the First Amendment clause that says that 'Congress shall make no law respecting an establishment of religion.' This law means that a 'wall of separation' exists between church and state. (page 97)

Exclusionary rule

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment. (page 108)

Bill of Rights

the first 10 amendments to the U.S. Constitution, ratified in 1791, they ensure certain rights and liberties to the people. (page 91)

Grand jury

the jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence (page 109)

Selective incorporation

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments (page 95)

Miranda rule

the requirement, articulated by the Supreme Court in Miranda v. Arizona (1966), that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel (page 110)

Due process of law

the right of every citizen against arbitrary action by national or state governments. (page 94)

Eminent domain

the right of government to take private property for public use. (page 111)

Right to privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions (page 112)