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Civil Rights Vocab
Study events and actions took that led to the Civil rights and liberties of Amer
| Term | Definition |
|---|---|
| bill of attainder | a legislative act inflicting punishment without a judicial trial |
| ex post facto law | a law retroactively increasing a punishment for a criminal act or altering the definition of a crime |
| habeas corpus | an order to bring an arrested person before a judge |
| black codes | laws passed by southern states, designed to replace the social controls of slavery following the end of the Civil War |
| citizenship clause | clause of the Fourteenth Amendment that defines citizenship |
| civil liberties | the basic natural rights such as life, liberty, and property and protection against arbitrary governmental action |
| civil rights | rights that require equal treatment for groups in society by the government |
| due process clause (Fourteenth Amendment) | one of two due process clauses in the Constitution. The one in the Fourteenth Amendment allows for selective incorporation. |
| equal protection clause | a clause in the Fourteenth Amendment that requires states to treat citizens equally; does not apply to the national government or private business |
| incorporation doctrine | found within the due process clause where certain items in the Bill of Rights must be included by the states |
| penalty clause | a clause in the Fourteenth Amendment that provides for a reduction in the number of U.S. Representatives that a state is entitled to if it discriminates against Black voters |
| ratification | when nine of the 13 state conventions had to vote to accept the Constitution in order for it to become law |
| civil liberty | a basic natural right such as life, liberty, and property and protection against arbitrary governmental action |
| civil rights | the rights that require equal treatment for groups in society by the government |
| eminent domain | the right of the government to take personal property for public use after providing due process and just compensation |
| Fifth Amendment Due Process Clause | a clause that protects individual civil liberties against the national government and requires suspect classifications (race, religion, national origin, and alienage) to be treated equally by the national government |
| Fourteenth Amendment Due Process Clause | the section of the Constitution that protects individual civil liberties against states |
| intermediate scrutiny | a test used to determine if distinctions based on sex are acceptable |
| procedural due process | a process that requires that before a person is deprived of life, liberty, or property, a predetermined procedure must be followed |
| rational basis | a test used to determine if other forms of distinction are acceptable |
| strict scrutiny | a test used to determine if distinctions based on suspect classifications are acceptable |
| substantive due process | gets to the idea of fairness and that there are limits to the power of the government to encroach into an individual’s life |
| suspect classification | a group that has been discriminated against in the past and has been recognized by the Court. Race, religion, national origin, and alienage are all suspect classifications |
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