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Civil Liberties and Civil Rights
Civil Liberies
91
Political Studies
Undergraduate 2
02/28/2010

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Term
Bill of Attainder
Definition
a Legislative act that inflicts punishment on individuals without any kind of judicial action
Term
civil liberties
Definition
The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial review.
Term
civil rights
Definition
The government protected rights of individuals against arbitrary or discriminatory treatment
Term
Bill of Rights
Definition
The first ten amendments to the US constitution, which largely guarantee specific rights and liberties
Term
Ninth Amendment
Definition
Part of the Bill of rights that reads "The enumeration in the Constitutions, of certain rights shall not be construed to deny or disparage others retained by people."
Term
Tenth Amendment
Definition
reiterates the powers not delegated to the national government are reserved for the state or the people.
Term
Due process clause
Definition
Clause contained in the fifth and fourth amendments. Over the years it has been construed to guarantee individuals variety of rights.
Term
substantive due process
Definition
Judicial interpretation of the fifth and fourteenth amendments' due process clauses that protects citizens from arbitrary or unjust laws
Term
incorporation doctrine
Definition
An interpretation of the Constitution that holds that the due process clause of the fourteenth amendment requires the state and local governments also guarantee those rights
Term
selective incorporation
Definition
a judicial doctrine whereby most but not all of the protections found in the Bill of rights are made applicable to the states via the fourteenth amendment
Term
fundamental freedoms
Definition
Those rights defined by the Court to be essential to order, liberty, and justice therefore entitled to the highest standard of review, strict scrutiny.
Term
Symbolic speech
Definition
symbols, signs and other methods of expression generally also considered to be protected by the First Amendment
Term
libel
Definition
False written statement or a written statement tending to call someone's reputation into dispute
Term
slander
Definition
Untrue spoken statements that define the character of a person
Term
New York times Co. v. Sullivan (1964)
Definition
The Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure.
Term
fighting words
Definition
words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to restrictions of the first Amnendment.
Term
writs of habeas corpus
Definition
Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows prisoner to be freed if the judge is not persuaded by the government's case.
Term
ex post facto law
Definition
A legislative act that inflicts punishment on individuals without any kind of judicial action. Prohibited by the Constitution.
Term
Fourth Amendment
Definition
"The right of the of the person to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Term
Fifth Amendment
Definition
Part of the Bill of Rights that imposes a number of restriction s on the federal government with respect to the rights of persons suspected of committing a crime. Prevents the government from from taking property without just compensation.
Term
Miranda v. Arizona (1966)
Definition
A landmark supreme Court ruling that held the Fifth Amendment requires that individuals arrested for crimes must be advised of their right to remain silent and have a counsel present.
Term
Miranda rights
Definition
Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the rights to an attorney provided by the court if the suspect cannot afford one
Term
double jeopardy clause
Definition
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense.
Term
exclusionary rule
Definition
Judicially created rule that prohibits police from using illegally seized evidence at trial.
Term
Sixth Amendment
Definition
The basic requirements of procedural due process for federal courts to follow in criminal trials.
Term
Eight Amendment
Definition
Part of the Bill of Rights that states; "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Term
right to privacy
Definition
The right to be left alone; judicially created principle encompassing a variety of individual actions protected by the penumbras or shadows cast by several constitutional amendments, including the First, Third, Fourth, Ninth and Fourteenth Amendments.
Term
Roe v. Wade(1973)
Definition
The Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of rights applied to the states through the Fourteenth Amnendment.
Term
Thirteenth Amendment
Definition
One of the three Civil War Amendments; specifically bans slavery one the United States
Term
Black Codes
Definition
Laws denying most legal rights to newly freed slaves: passed by southern states following the Civil War
Term
Fourteenth Amendment
Definition
One of the three Civil War Amendments; guarantees equal protection and due process of the law to all U.S. citizens.
Term
Fifteenth Amendment
Definition
One of three Civil War Amendments; specifically enfranchised newly freed male slaves
Term
Jim Crow laws
Definition
Laws enacted in the south that discriminated against blacks by creating "whites only" public facilities
Term
Civil Rights Cases (1883)
Definition
Name attached to five cases brought under the Civil rights Act of 1875. in 1883 the supreme Court ruled that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination.
Term
suffrage movement
Definition
The drive for voting rights for women that took place in the United states from 1890 to 1920.
Term
Ninth Amendment
Definition
Amendment of the Constitution that guaranteed women the right to vote.
Term
Brown v. BOE (1954)
Definition
U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the fourteenth amendment's guarantee of equal protection.
Term
equal protection clause
Definition
Section of the fourteenth Amendment that guarantees that all citizens receive "equal protection of the laws."
Term
Civil rights act of (1964)
Definition
Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.
Term
de jure discrimination
Definition
Racial segregation that is a direct result of law or official policy.
Term
de facto discrimination
Definition
Racial discrimination that results from practice rather than the law
Term
Equal Employment Opportunity Commission
Definition
Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion or firing.
Term
Women's Equality Amendment
Definition
Proposed Amendment to the Constitution that states " Equality of rights under the law shall n0t be denied or abridged by the United States or any state on account of sex."
Term
suspect classification
Definition
Category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court.
Term
strict scrutiny
Definition
A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice.
Term
Title IX
Definition
Provision of Educational Amendments of 1972 that bars educational institution receiving federal funds from discriminating against female students.
Term
affirmative action
Definition
Policies designed to give special attention or compensatory treatment to members f previously disadvantaged group.
Term
Three Prong Test of Obscenity
Definition
(a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, [Roth, supra, at 489,]

(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and

(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary.
Term
Lemon v. Kurtzman (1971)
Definition
Term
Lynch v. Donnelly (1984)
Definition
Term
Zelman v. Simmons-Harris (2002)
Definition
Religion: Establishment- Incidental support
Term
Engel v. Vitale (1962)
Definition
Religion: Establishment- School Prayer
Officially composed prayer
Term
Abingdon School District v. Schempp (1963):Murray v. Curtlett
Definition
Bible verse and Lord's prayer
Term
Wallace v. Jaffree (1985)
Definition
Religion:Establishment- School Prayer
Looks at legislative intent, moment of silence for school prayer
Term
Board of Education of West side Community Schools v. Mergens (1990)
Definition
Religion: Establishment-School Prayer
Term
Lee v. Weisman (1992)
Definition
Religion: Establishment-School Prayer
Term
Santa fe Independent School District v. Doe (2000)
Definition
Religion: Establishment- School Prayer
Term
West Virginia State of Education v. Barnette (1943)
Definition
Religion: Free exercise- Practice
Term
Wisconsin v. Yoder (1972)
Definition
Religion: Free Exercise- Practice
Term
Sherbert v. Verner (1963)
Definition
Religion: Free Exercise- Practice
Term
Reynolds v. US (1898)
Definition
Religion: Free Exercise- Protection
Term
Oregon v. Smith (1990)
Definition
Religion: Free Exercise- No Protection
Term
Religious Freedom Restoration Act (1993)
Definition
Religion: Free Exercise- No Protection
Term
Gonzale v. O Centro Espirta Beneficiente Uniao Do Vegetal (2006)
Definition
Religion: Free Exercise- No protection
Term
Schenck v. US (1919)
Definition
Expression: Speech
Term
Gitlow v. New York (1925)
Definition
Expression: Speech
Term
Brandenburg v. Ohio
Definition
Expression: Speech
Term
Tinker v. Des Moines (1969)
Definition
Expression: Symbolic expression
Term
Texas v. Johnson (1989), US v. Eichmann (1990)
Definition
Expression: Symbolic expression
Term
Roth v. US (1957) and Miller v. California (1973)
Definition
Expression: Obscenity
Term
New York Times v. US (1971)
Definition
Press: Prior restraint
Term
New York v. Sullivan (1964)
Definition
Press: Libel
Term
Mapp v. Ohio (1961)
Definition
Due Process: Search and Seizure--4th Amendment
Term
US v. Leon (1984)
Definition
Due Process: Search and Seizure--4th Amendment
Term
Miranda v. Arizona (1966)
Definition
Due Process: Self- Incrimination--5th Amendment
Term
Gideon v. Wainwright (1963)
Definition
Due Process: Right to Counsel--6th Amendment
Term
Furman v. Georgia (1972)
Definition
Due Process: Cruel and Unusual Punishment--8th Amendment
Term
Gregg v. Georgia (1976)
Definition
Due Process: Cruel Unusual Punishment--8th Amendment
Term
Griswold v. Connecticut (1965)
Definition
Privacy: Birth Control
Term
Roe v. Wade (1973)
Definition
Privacy: Abortion
Term
Webster v. Reproductive Health Services (1989)
Definition
Privacy: Abortion
Term
Bowers v. Hardwick (1986)
Definition
Privacy: Homosexual Rights
Term
Lawrence v. Texas (2003)
Definition
Privacy: Homosexual Rights
Term
Slaughterhouse Cases (1873)
Definition
Civil War Amendments and Court Restriction of Rights
Term
Civil Rights Cases (1883)
Definition
Civil War Amendments
Term
Plessy v. Ferguson (1896)
Definition
Civil War Amendments
Term
Sweatt v. Painter & McLaurin v. Oklahoma (1950)
Definition
Desegregation:
Term
Brown v. BOE (1954) (1955)
Definition
Desegregation:
Term
Swann v. Charlotte-Mecklenburg County School (1971)
Definition
Desegregation:
Term
University of California v. Bakke (1978)
Definition
Affirmative Action
Term
Grutter v. Bollinger, Gratz v. Bollinger (2003)
Definition
Affirmative Action:
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