Unit 6 - Civil Liberties/ Civil Rights

Question 1

Civil liberties

Answer 1

personal freedoms, e.g., speech, assembly, religion

Question 2

Civil rights

Answer 2

protections against discrimination

Question 3

Clear and present danger doctrine

Answer 3

judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society

Question 4

De facto segregation

Answer 4

segregation “by fact,” i.e., segregation that results from such factors as housing patterns rather than law

Question 5

De jure segregation

Answer 5

segregation by law, i.e., segregation that is required by government

Question 6

Double jeopardy

Answer 6

being prosecuted twice for the same offense. Banned by Amendment 5

Question 7

Due process clause

Answer 7

prohibits the national government (5th Amendment) and states (14th Amendment) from denying life, liberty, or property without due process of law

Question 8

Equal protection clause

Answer 8

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

Question 9

Eminent domain

Answer 9

the right of government to take private property for the public good. Fair compensation must be paid to the owner of such property

Question 10

Establishment clause

Answer 10

provision of Amendment 1 that prohibits Congress from establishing an official state religion. This is the basis for separation of church and state

Question 11

Exclusionary rule

Answer 11

Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial

Question 12

Free exercise clause

Answer 12

provision of Amendment 1 stating that Congress may not prohibit the free exercise of religion

Question 13

Grandfather clause

Answer 13

Southern laws that excluded blacks from exercising suffrage by restricting the right to vote only to those whose grandfathers had voted before 1865

Question 14

Grand jury

Answer 14

determines whether or not to bring criminal charges against a suspect

Question 15

Incorporation

Answer 15

applying the Bill of Rights to the states. A “total incorporation” view is that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. A “selective incorporation” view is that the Bill of Rights is to be applied to the states in a more gradual manner on a case by case basis, also via the due process clause of the 14th Amendment

Question 16

Total incorporation

Answer 16

view is that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment

Question 17

Selective incorporation

Answer 17

view is that the Bill of Rights is to be applied to the states in a more gradual manner on a case by case basis, also via the due process clause of the 14th Amendment

Question 18

Indictment

Answer 18

grand jury order that a suspect must stand trial for a criminal offense

Question 19

Jim Crow laws

Answer 19

Southern laws that required racial segregation in places of public accommodation

Question 20

Libel

Answer 20

written untruths that damage a reputation

Question 21

Literacy test

Answer 21

Southern method of excluding blacks from exercising suffrage by requiring that voters prove their ability to read and write

Question 22

Miranda warnings

Answer 22

warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel

Question 23

Plea bargain

Answer 23

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

Question 24

Police powers

Answer 24

powers that allow states to pass laws protecting the health, welfare, safety, and morals of their residents

Question 25

Poll tax

Answer 25

Southern method of excluding blacks from exercising suffrage by requiring payment of a tax prior to voting

Question 26

Prior restraint

Answer 26

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

Question 27

Racial gerrymandering

Answer 27

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

Question 28

Sedition

Answer 28

advocacy of the overthrow of the government

Question 29

Separate but equal

Answer 29

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

Question 30

Shield laws

Answer 30

state laws that protect journalists from having to reveal their sources

Question 31

Slander

Answer 31

spoken untruths that damage a reputation

Question 32

Strict scrutiny

Answer 32

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

Question 33

White primary

Answer 33

primary election in which Southern states allowed only whites to vote