Affirmative ActionRemedial action designed to overcome the effects of previous discrimination

against minorities and women.

Bill of Attainder Punishment of a person without a court trial.

Civil Disobedience Deliberate refusal to obey law or

comply with orders of public officials as a means of expressing opposition.

Civil LibertiesProtect individuals from arbitrary acts of government; include freedom of speech

and guarantees of a fair trial. (Bill of Rights)

Civil Rights The rights of all people to be free from discrimination based on race, religion,

sex, or ethnic origin.

Civil Rights Act of 1964

Made discrimination illegal in public accommodations, Forbade employment discrimination on race, color, national origin, sex, or religion, Created Equal Employment Opportunity Commission

(EEOC) to protect jobs

Clear and Present Danger Test

Judicial interpretation of the First Amendment that government may not

ban speech unless it poses an imminent threat to society.

Commerce Clause Congress has the power to regulate all business activities that cross state lines or affect more than one state or other

nations. Constitution (Article I, Section 8, Clause 3)

Commercial Speech Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and

misleading ads.

Cruel & Unusual Punishment

Too barbaric or severe or not in proportion to the crime.

De Facto Segregation Segregation resulting from economic or social conditions or personal choice.

De Jure Segregation Segregation imposed by law

Double Jeopardy Trial or punishment for the same crime by the same government; forbidden by

the Constitution

Due Process Established rules and regulations that

restrain government officials and protect citizens.

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government;

similar clause in the Fourteenth Amendment prohibits the state

governments from depriving any person of life, liberty, or property without due

process of law.

Eminent Domain The power of a government to take private property for public use; they

must pay for the property.

Equal Protection Clause

The major constitutional restraint on the power of governments to discriminate

against persons because of race, national origin, or sex. Clause in the 14th Amendment. By interpretation,

the 5th Amendment imposes the same limitation on the national government.

Establishment ClauseProhibits Congress from creating a government-sponsored religion. A

provision of the 1st Amendment

Ex Post Facto Law A law applied to an act committed before the law was enacted.

Exclusionary RuleCourtroom ban on evidence obtained

by illegal searches or seizures. Supreme Court guideline.

Fighting Words Words that by their very nature inflict

injury on those to whom they are addressed or incite them to acts of

violence.

Free Exercise Clause1st Amendment guarantee that each person has the right to believe what

they want. However, a religion cannot make an act legal that would otherwise

be illegal

Good Faith & Plain View Exceptions

Exceptions to the exclusionary rule. If police rely on legal warrant that is defective or police see something

illegal without searching, these will be admissible.

Grand Jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the

government to determine whether persons shall be required to stand trial.

If the jury believes there is sufficient evidence that a crime was committed, it

issues an indictment

Indictment A formal written statement from a grand

jury charging an individual with an offense; also called a true bill

Jim Crow Laws State laws formerly pervasive

throughout the South requiring public facilities and accommodations to be

segregated by race; ruled unconstitutional.

LibelWritten defamation of another person. For public officials and public figures, the constitutional tests designed to

restrict libel actions are especially rigid.

Literacy Test Literacy requirements some states imposed as a condition of voting, generally used to disqualify black voters in the South; now illegal

Miranda WarningsWarnings that police must read to suspects prior to questioning that

advises them of their rights (You have the right to remain salient, ..to an

Attorney…)

ObscenityDepicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific

value

Petit Jury A jury of 6 to 12 persons that

determines guilt or innocence in a civil or criminal action

Poll Tax Tax required to vote; prohibited for

national elections by the Twenty-Fourth Amendment (1964) and ruled

unconstitutional for all elections in 1966.

Prior restraint Censorship imposed before a speech is

made or a newspaper is published; usually presumed to be

unconstitutional.

Probable Cause Reasonable reasons to believe that someone is guilty of a crime.

Procedural Due Process

Constitutional requirement that governments proceed by proper

methods; limits how government may exercise power.

Racial Gerrymandering The drawing of election districts to

ensure that members of a certain race are a minority in the district; ruled

unconstitutional in 1960

Right to Privacy The right to a private personal life free from government intrusion

Search Warrant A writ issued by a magistrate that authorizes the police to search a

particular place or person, specifying the place to be searched and the

objects to be seized

Selective IncorporationThe case-by-case process by which

liberties listed in the Bill of Rights have been applied to the states using the

Due Process Clause of the Fourteenth Amendment

Self-IncriminationYou have a 5th Amendment right not to provide information that may be used

against you.

Strict Scrutiny

Supreme Court rule that classification by race and ethnic background is

inherently suspect and must be justified by a "compelling public interest" and

"narrowly tailored" to meet it. (Nothing meets this test)

Substantive Due Process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves

be fair and reasonable; limits what the government may do.

Symbolic Speech Actions that purposefully and discernibly convey a particular

message or statement to those viewing it.

Unprotected speech Libel, obscenity, and fighting words

which are not entitled to constitutional protection in all circumstances.

Voting Rights Act of 1965

Can't refuse to allow someone to vote based on race or color, abolished

literacy tests, sent federal vote registrars to the south, needed pre-

clearances for new voting laws

White Primary Democratic Party primary in the old “one-party South” that was limited to

white people and essentially constituted an election; ruled unconstitutional in

1944.

Women’s Suffrage The right of women to vote.

Writ of Habeas CorpusA court order directing that a prisoner be brought before a court and that the

court officers show cause why the prisoner should not be released.