Unit #2: Civil Liberties and Civil Rights
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| Civil liberties | personal freedoms, e.g. speech, religion, assembly
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| Civil rights | protections against discrimination
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| Clear and present danger doctrine | judicial interpretation of first amendment that gov may not ban speech unless speech poses an imminent threat to society
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| De facto segregation | segregation "by fact" i.e., segregation thats results from factors as housing patterns than law
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| De jure segregation | segregation by law i.e., segregation thats required by gov
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| Double jeopardy | being prosecuted twice for the same offense. Banned by 5th amendment
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| Due process clause | prohibits national gov (5th amend) and states (14th amend) from denying life, liberty, or property without due process of law
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| Equal Protection Clause | 14th amend clause that prohibits states from denying equal protection under the law and has been used to combat discrimination
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| Eminent domain | right of the gov to take private property for the public good. Fair compensation must be paid to the owner of such property
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| Establishment clause | provision of 1st amendment that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state
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| Exclusionary rule | Supreme Court guideline that excludes using illegally obtained evidence in a criminal trial
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| Free exercise clause | provision of 1st amendment stating Congress may not prohibit the free exercise of religion
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| Grandfather clause | Southern laws that excluded blacks from exercising suffrage by restricting the right to vote to only those whose grandfathers had voted before 1865
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| Grand jury | determines whether or not to bring criminal charges against a suspect
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| Incorporation | applying Bill of Rights to states. a "total incorporation" view is the states must obey all provisions of Bill of R cause of the due process clause of the 14th amend. A "selective incorp" view is the Bill of R is to be applied to the states
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| Indictment | grand jury order that a suspect must stand trial for a criminal offense
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| Jim Crow laws | Southern laws that required racial segregation in places of public accommodation
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| Libel | written untruths that damage a reputation
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| Literacy test | Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write
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| Miranda warnings | warnings that must be read to suspects prior to questioning. Suspects must be advised they have the rights of silence and counsel
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| Plea bargain | arrangement in which a suspect pleads guilty to a lesser offense to avoid a trial. The manner which most cases are disposed of
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| Police powers | powers that allows states to pass laws protecting the health, welfare, safety and morals of their residents
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| Poll tax | Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting
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| Prior restraint | When a court stops expression before it is made, e.g., prohibiting a demonstration by a radical group cause the assembly is likely to become violent. Presumed to be unconstitutional
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| Racial gerrymandering | drawing legislative boundaries to give electoral advantages to a particular racial group. "Majority-minority" districts include large numbers of racial minorities to ensure minority representation in legislatures
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| Sedition | advocacy of overthrow of the gov
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| Separate but equal | Supreme Court doctrine established in case of Plessy v Ferguson. Allowed state-required racial segregation in places of public accommodation as long as facilities are equal
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| Shield laws | states laws that protect journalists from having to reveal their sources
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| Slander | spoken untruths that damage a reputation
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| Strict scrutiny | Supreme Court guideline for determining if gov can make racial distinctions. According to this guideline, distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling gov interest
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| White primary | primary elections which Southern states allowed only whites to vote
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