Unit 3 Vocabulary (Daniel Rocha) Period 3

Civil liberties

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

civil rights

protections against discrimination.

clear and present danger doctrine

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

De facto segregation

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

De jure segregation

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

Double jeopardy

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

Due process clause

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

Equal protection clause

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

Eminent domain

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

Establishment clause

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

Exclusionary rule

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

Free exercise clause

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

Grandfather clause

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

Grand jury

determines whether or not to bring criminal charges against a suspect.

Incorporation

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

Jim Crow laws

Southern laws that required racial segregation in places of
public accommodation.

Indictment

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

Libel

written untruths that damage a reputation

Literacy test

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

Miranda warnings

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

Plea bargain

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.

Police powers

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

Poll tax

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

Prior restraint

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.

Racial gerrymandering

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.

Sedition

advocacy of the overthrow of the government.

Separate but equal

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.

Slander

spoken untruths that damage a reputation.

Strict scrutiny

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.

White primary

primary election in which Southern states allowed only whites