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Civil Liberties and Civil Rights Flashcards

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657502377Civil libertiespersonal freedoms, e.g., speech, assembly, religion
657502378Civil Rightsprotections against discrimination
657502379Clear and present danger doctrinejudicial interpretation of Amendment 1 that the government may not ban speech unless such speech poses an imminent threat to society.
657502380De facto segregationsegregation "by fact", i.e., segregation that results from such factors as housing patterns rather than law
657502381De jure segregationsegregation by law, i.e., segregation that is required by government
657502382Double jeopardybeing prosecuted twice for the same offense. Banned in Amendment 5
657502383Due process clauseprohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law
657502384Equal protection clause14th Amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
657502385Eminent Domainthe right of government to take private property for the public good. Fair compensation must be paid to the owner of such property
657502386Establishment clauseprovision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for the seperation of church and state
657502387Exclusionary ruleSurpreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial
657502388Free exercise clauseprovision of Amendment 1 stating that Congress may not prohibit the free exercise of religion
657502389Grandfather clauseSouthern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865
657502390Grand jurydetermines whether or not to bring criminal charges against a suspect
657502391Incorporationapplying the Bill of Rights to the states. A "total incorporation" view is that the states must obey all the provisions of the Bill of Rights because of the due process clause in the 14th amendment. A "selective incorporation" view is 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.
657502392Indictmentgrand jury order that a suspect must stand trial for a criminal offense
657502393Jim Crow lawsSouthern laws that required recial segregation in places of public accommodation
657502394Libelwritten untruths that damage a reputation
657502395Literacy TestSouthern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write
657502396Miranda warningswarnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel
657976857Plea bargainarrangement in which a suspect pleads guilty to a lesser offense in order to avoid trial. The manner in which most cases are disposed of.
657976858Police powerspowers that allows states to pass laws protecting health, welfare, safety and morals of their residents
657976859Poll taxSouthern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.
657976860Prior restraintWhen 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.
657976861Racial gerrymanderingdrawing of legislative boundries 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
657976862SeditionAdvocacy of the overthrow of government
657976863Separate but equalSupreme court doctrine established in the case of Plessy vs. Ferguson. Allowed state-required racial segregation in places of public accommodation as long as the facilities were equal.
657976864Shield lawsstate laws that protect journalists from having to reveal their sources
657976865Slanderspoken untruths that damage a reputation
657976866Strict scrutinySupreme Court guideline for determining if government 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 government interest.
657976867White primaryelection in which Southern states allowed only whites to vote

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