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| the first ten amendments to the Constitution, which guarantee certain rights and liberties to the people |
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| areas of personal freedom with which governments are prevented from interfering |
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| obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies as well as other private citizens |
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| a court oder demanding that an individual in custody be brought to court and shown the cause for detention |
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| laws that decree a person guilty of a crime without a trial |
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| laws that declare an action to be illegal after it has been committed |
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| restraints on what the government shall and shall not have the power to do |
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| restraints on how the government is supposed to act; for example, citizes are guaranteed the due process of law |
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| the right of every citizen against arbitrary action by national or state governments |
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| legal or moral claims that citizens are entitled to make upon government |
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| the status of being governed concurrently by both the U.S. federal government and the individual's state government |
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| the process by which court decisions have required the states to follow parts of the Bill of Rights based on the use of application of the Fourteenth Amendment |
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| certain protections in the Bill of Rights, such as free speech and free press, that are considered to be critically important and crucial to the process of incorporation |
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| the first amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of seperation" exists between church and state |
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| the first Amendment clause that protects a citizen's right to believe and practice whatever religion he or shee chooses |
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| test, used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights, which places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional |
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| test, to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society |
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| speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorites are acceptable if properly balanced by considerations of public order |
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| a written statement made in "Reckless disregard of the truth" that is considered damaging to a victim because it is malicious scandalous and defamatory |
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| an oral statement made in reckless disregard to the truth |
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| speech that directly incites damaging conduct |
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| the ability of courts to exclude evidence obtained in violation of the Fourth Amendment |
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| jury that determins whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence |
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| the Fifth Amendment right providing that a person cannot be tried twice for the same crime |
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| the requirement, areticulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel |
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| the right of government to take private property for public use |
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| the right to be let alone |
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| provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has served as the basis for the civil rights of African Americans, women, and other groups |
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| doctrine that public accomodations could be segregated by race by still equal |
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| Brown v Board of Education |
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| the 1954 Supreme Court decision that struck down the "seperate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions |
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| literally "by law"; legally enforced practices, such as school segregation in teh South before the 1960s |
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| literally "by fact"; practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today |
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| government policies or programs that seek to address past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities |
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