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Unit 6 Vocab
Civil Liberties/Civil Rights
33
Other
12th Grade
01/22/2008

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Term
Civil Liberties
Definition
Personal freedoms; e.g., speech, assembly, religion.
Term
Civil Rights
Definition
Protections against discrimination
Term
Clear and Present Danger Doctrine
Definition
Judicial interpretation of First Amendment that the government may not ban speech unless such speech poses an imminent threat to society.
Term
De Facto Segregation
Definition
Segregation "by fact"; i.e., segregation that results from such factors as housing patterns rather than law.
Term
De Jure Segregation
Definition
Segregation "by law"; i.e., segregation that is required by the government.
Term
Double Jeopardy
Definition
Being prosecuted twice for the same offense; banned by the Fifth Amendment.
Term
Due Process Clause
Definition
Prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law.
Term
Equal Protection Clause
Definition

14th Amendment clause that prohibits states from denying equal protection under the law; has been used to combat discrimination.

Term
Eminent Domain
Definition
The right of government to take private property for the public good. Fair compensation must be paid to the owner.
Term
Establishment Clause
Definition
Provision of the 1st Amendment that prohibits Congress from establishing an official state religion. The basis for separation of church and state.
Term
Exclusionary Rule
Definition
Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial.
Term
Free Exercise Clause
Definition
Provision of 1st Amendment stating that Congress may not prohibit the free exercise of religion.
Term
Grandfather Clause
Definition
Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865.
Term

Grand Jury

Definition
Determines whether or not to bring criminal charges against a suspect.
Term
Incorporation
Definition
Applying the Bill of Rights to the states.
Term
Total Incorporation
Definition
The states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment
Term
Selective Incorporation
Definition
The Bill of Rights should be applied to the states in a gradual manner on a case by case basis.
Term
Indictment
Definition
Grand jury order that a suspect must stand trial for a criminal offense.
Term

Jim Crow Laws

Definition
Southern laws that required racial segregation in places of public accomodation.
Term
Libel
Definition
Written untruths that damage a reputation.
Term
Literacy Test
Definition
Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write.
Term
Miranda Warnings
Definition
Warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel.
Term
Plea Bargain
Definition
An arrangement in which a suspect pleads guilty to a lesser offense in order to avoid a trial; the manner in which most cases are disposed of.
Term
Police Powers
Definition
Powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents.
Term

Poll Tax

Definition
Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting.
Term
Prior Restraint
Definition
When a court stops expression before it is made; e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional.
Term
Racial Gerrymandering
Definition
Drawing of legislative boundaries to give electoral advantages to a particular racial group. "Majority-minority" districts include large numbers of racial minorities in order to ensure minority representation in legislatures.
Term
Sedition
Definition
Advocacy of the overthrow of the government.
Term
Separate but Equal
Definition
Supreme Court doctrine established in the case of Plessy v. Ferguson. Allowed state-required racial segregation in places of public accommodation as long as the facilities were equal.
Term
Shield Laws
Definition
State laws that protect journalist from having to reveal their sources.
Term
Slander
Definition
Spoken untruths that damage a reputation.
Term
Strict Scrutiny
Definition
Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.
Term
White Primary
Definition
Primary election in which Southern states allowed only whites to vote.
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