We The People Chapter 4-5

Establishment Clause

: the 1st amendment clause that says that "congress shall make no law respecting an establishment of religion"; this law means that "wall of separation" exists between church and state

Habeas Corpus

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

Bill of attainder

a law that declares a person guilty of a crime without trial

redlining

a practice in which banks refuse to make loans to people living in certain geographic locations

Strict Scrutiny

a 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 in the challengers to show that the law in question is constitutional

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"

Prior Restraint

an effort by a government 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

Slander

an oral statement made in "reckless disregard of the truth" that us considered damaging to the victim because it is "malicious, scandalous, or defamatory"

gerrymandering

apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party

Civil Liberties

areas of personal freedom constitutionally protected from government interference

strict scrutiny test

burden of proof would fall on the government rather than the challenger to show that the law in question is constitutional

de facto

by fact

de jure

by law

affirmative action

compensatory action to overcome sequences of past discrimination, ex: easier admission to colleges, employment opportunities

Brown v. Board of Education (1954)

declared "separate but equal" unconstitutional

"separate but equal" rule

doctrine that public accommodations could be segregated by race but still be equal

"Separate but Equal" Rule

doctrine that public accommodations should be segregated by race but still be considered equal

1964 Civil Rights Act

first civil rights act to have strong enforcement, if states didn't conform they lose federal money, act protected many rights of africans and served as model for other groups like women who wanted equality

Affirmative Action

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities

civil rights

government's obligation to take positive action to protect the rights of citizens

Grand Jury

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

"jim crow" laws

laws enacted by southern states following reconstruction that discriminated against african americans

Ex Post Facto Laws

laws that declare an action to be illegal after it is committed

De Facto

literally "by fact"; practices that occur even when there is no legal enforcement, such as school segregation in the U.S. today

De Jure

literally "by law"; legally enforced practices, such as school segregation in the south before the 1960's

Civil Rights

obligation imposed on government to take positive action to protect citizens from illegal action of government agencies and of other private citizens

13th Amendment

one of the three Civil War Amendments; it abolished slavery

thirteenth amendment

one of the three civil war amendments; abolished slavery

fourteenth amendment

one of the three civil war amendments; guaranteed equal protection and due process

14th Amendment

one of three Civil War Amendment; it guaranteed equal protection and due process

15th Amendment

one of three Civil War Amendments; it guaranteed voting rights for African American men

fifteenth amendment

one of three civil war amendments; guaranteed voting rights for african american men

Equal Protection Clause

provision of the 14th 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

equal protection clause

provision of the 14th amendment guaranteeing citizens "the equal protection of the laws."

"Speech Plus"

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the 1st amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Fighting Words

speech that directly incites damaging conduct

"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

intermediate scrutiny

test used by the supreme court in gender discrimination cases, which places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

Brown vs Board of Education

the 1954 supreme court decision that struck down the "separate but equal" doctrine as fundamentally unequal; this case eliminates state power to use race as a criterion for discrimination in law and provided the national government with power to intervene by exercising strict regulatory policies against discriminatory actions

Bill of Rights

the 1st 10 amendments to the U.S. Constitution, ratified in 1791,; they ensure certain rights and liberties to the people

Double Jeopardy

the 5th Amendment right providing that a person cannot be tried twice for the same crime

Exclusionary Rule

the ability of courts to exclude evidence obtained in violation of the 4th amendment

Free Exercise Clause

the first amendment clause that protects a citizen's right to believe and practice whatever religion one chooses

Selective Incorporation

the process by which different protections in the Bill of rights were incorporated into the 14th amendment, thus guaranteeing citizens protection from the state as well as national government

Miranda Rule

the requirement articulated by the supreme court in Miranda vs 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

Due Process of Law

the right of every citizen against arbitrary action by national or state governments

Eminent Domain

the right of government to take private property for government use

Right to Privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortion

Plessy v. Ferguson (1896)

upheld legal segregation and created the "separate but equal" rule

discrimination

use of any unreasonable and unjust criterion of exclusion