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