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Civil Rights vocab
Vocab for Civil RIghts Unit
| Question | Answer |
|---|---|
| Incorporation Doctrine | Use of the 14th Amendment to apply the Bill of Rights to the states |
| Equal Protection Clause | grants all people “equal protection of laws” |
| Due Process Clause | The clause of the 14th amendment that is used to apply those rights in the Bill of Rights to the States |
| Selective Incorporation | The principle that only some of those rights should be applied to the states and that judges should decide on a case by case basis which rights need to be applied. |
| Preferred Freedoms | fundamental in a free society and consequently are entitled to more judicial protection than other constitutional values |
| Establishment Clause | The part of the first amendment that would keep the state of North Carolina from requiring taht the Lord's prayer be used before school assemblies |
| Free Exercise Clause | The part of the First Amendment that would require a government agency to provide a quiet place for a Muslim employee to pray during the day |
| Lemon Test | 1) Secular purpose 2) Effects neither advance nor inhibit religion 3)eXcessive entanglement of government with religion not allowed |
| Freedom of Expression | Right of free speech, protest, petition, assemble |
| "time, place, and manner restrictions" | Whether something is allowed or not may depend on the time, place, or manner in which it is carried out |
| Symbolic Speech | Do something as an example for something else, like burning draft cards |
| Prior Restraint | Trying to prevent something being printed ahead of time |
| Libel | a false statement that is published that can damage a person's reputation |
| Imminent Danger | A possible recent danger that could occur |
| Right to Associate | People are given the right to associate with whomever they want~ was the basis for the Boy Scouts case and the NAACP case |
| Indictment | to accuse a person of a serious crime |
| Grand Jury | The entire jury?!? |
| Substantive Due Process | Constitutional Doctrine that was used to rule that there was a "right to contract" that wouldban law limiting the hours employees can work |
| Probable Cause | Police need to establish probable cause before entering a house with a warrant |
| Exclusionary Rule | Police cannot use evidence collected illegally |
| "good faith" exception | Evidence can be used if it was a minor error and the police thought it was a valid warrant |
| Self-incrimination | to give evidence against oneself |
| Suspect classifications | Classifications of people on the basis of their race and ethnicity. The courts have ruled that laws classifying people on these grounds will be subject to "strict scrutiny" |
| Strict and semi-strict scrutiny | The standard by which the Supreme Court judges classifications Based on race. To be accepted such a classification must be closely related to a "compelling" public purpose |
| Segregation | to separate by race |
| Desegregation | to join/combine races |
| Reasonableness or rationally standard | States have to prove that they had a rational reason for a law |
| Integration | the process of mixing races |
| Civil Rights Act 1964 | Prevented sex discrimination in the hiring, firing, and compensation of employees |
| Voting RIghts Act of 1965 | Ensured equal voting rights for all esp. in places where discrimination was found to be practiced or where less than 50 percent of voting age residents were registered to vote in the 1964 election |
| HIgher Education Act of 1972 | Prohibited sex discrimination in education programs receiving federal aid |
| American with Disabilities Act | Law that extended many of the protections enjoyed by women and racial minorities ot disabled persons. |
| Equal Rights Amendment | Amendment to give equal rights to all sexes, but it has never been passed |
| Right to Privacy | used to pass Roe v Wade |
| Affirmative Action | belief that it is not enough to give rights to people, but they should be given benefits |
| Reverse Discrimination | By giving benefits to others you are reverse discriminating on those who are not given benefits |
| Compelling Government Interest | The government must have a good enough reason to do what they are doing. it must be helpful to them in some way |
| narrowly tailored | carefully drafted to reach the wanted goal without overstepping others |
| Concurring Opinion | agree with decision but for different reasons |
| Dissenting opinion | opinion of the minority |