Chapter 3 words

  1. 14th Amendment
    Ratified in 1868, the amendment altered the nature of the Union by placing significant restraints on state governments
  2. 1st Amendment
    The part of the Bill of Rights containing protections for political and religious expression
  3. Clear and present danger test
    Guideline devised by the Supreme Court in Schenck vs. United States to determine when speech could be suppressed under the first amendment
  4. Incitement test
    The Court’s current test for First Amendment restrictions that asks whether a speech act attempts to or is likely to incite lawless action
  5. Prior restraint
    Official censorship before something is said or published or censorship that halts publication already under way is usually judged unconstitutional today under the First Amendment
  6. Obscenity
    As applied by the Supreme Court, certain pornographic portrayals of sexual acts not protected by the First Amendment (first appeared in Miller v. California)
  7. Libel
    Defamation of a person’s character or reputation, not protected by the First Amendment (New York Times Co. vs. Sullivan—makes it difficult for public figures and officials to bring successful libel suits against their critics
  8. Symbolic speech
    A speech act that centers on action or performance to communicate a point rather than on words
  9. Free exercise clause
    Provision of the First Amendment guaranteeing religious freedom
  10. Establishment clause
    Provision of the First Amendment barring government support of religion
  11. Lemon test
    A standard announced in Lemon vs. Kurtzman to determine when a statute violates the establishment clause—The law in question must have a secular purpose and a neutral effect and must avoid an excessive entanglement between church and state
  12. Legal guilt
    The concept that a defendant’s factual guilt be established in accordance with the laws and the Constitution before criminal penalties can be applied
  13. Presumption of innocence
    A concept in criminal procedure that places the burden of proof on the government in establishing guilt
  14. Ex post facto laws
    Laws that make an act a crime after it was committed or increase the punishment for a crime already committed—prohibited by the Constitution
  15. Bill of attainder
    A law that punishes an individual and bypasses the procedural safeguards of the legal process—prohibited by the Constitution
  16. Fourth Amendment
    Part of the Bill of Rights that prohibits unreasonable searches and seizures of persons and their property
  17. Warrant
    Official authorization for government action
  18. Probable cause
    A standard used in determining when police can conduct arrests and searches
  19. Miranda rights
    Requirements announced in Miranda vs. Arizona to protect a suspect during a police interrogation
  20. Plea bargain
    A deal with the prosecutor to obtain a lighter sentence
  21. Sixth Amendment
    Provision of the Bill of Rights assuring, among other things, the right to counsel
  22. Capital case
    A criminal proceeding in which the defendant is on trial for his or her life
  23. Misdemeanor
    Less serious criminal offense, usually punishable by not more than one year in jail
  24. Felony
    A serious criminal offense, usually punishable by more than once year in prison
  25. Eighth Amendment
    The part of the Bill of Rights that prohibits “cruel and unusual punishments” and often at issue in death penalty cases
  26. Cruel and unusual punishment
    Prohibited by the Eighth Amendment—at issue in capital cases
  27. Ninth Amendment
    Part of the Bill of Rights that cautions that the people possess rights not specified
  28. Roe vs. Wade
    Supreme Court decision establishing a constitutional right to abortion
  29. Equality of opportunity
    A standard that calls for government to remove barriers of discrimination, such as segregation laws or racially exclusive hiring practices that have existed in the past
  30. Equality of condition
    A standard, beyond equality of opportunity, which requires policies, such as redistribution of income and other resources, that seeks to reduce or eliminate the effects of past discrimination
  31. Equality of result
    A standard, beyond equality of condition, which requires policies such as affirmative action or comparable worth, that places some people on an equal footing with others
  32. Thirteenth Amendment
    The first of the Civil War amendments to the Constitution, adopted in 1865, banned slavery throughout the United States
  33. Equal protection clause
    Part of the Fourteenth Amendment that is the source of many civil rights, and declares that no state shall deny to any person “the equal protection of the laws”
  34. Separate-but-equal doctrine
    A standard announced by the Supreme Court in Plessy vs. Furgeson in 1896 that allowed racially separate facilities on trains (and by implication in public services such as education), as long as the separate facilities were equal (overturned by Brown vs. Board of Education of Topeka in 1954)
  35. NAACP
    National Association for the Advancement of Colored People: an organization founded to improve the social, economic, and political condition of African Americans
  36. Brown vs. Board of Education of Topeka
    Landmark Supreme Court decision that overturned the separate-but-equal standard of Plessy vs. Ferguson and began an end to racial segregation in public schools
  37. Civil Rights Act of 1964
    Comprehensive legislation to end racial segregation in access to public accommodations and in employment in the public and private sectors
  38. De facto segregation
    Programs or facilities that are racially segregated by private choice or private discrimination, not because of law or public policy
  39. De jure segregation
    Programs or facilities that are racially segregated because of law or public policy
  40. Affirmative action
    Positive steps taken by public or private institutions to overcome the remaining effects of racial or sexual bias (Affirmative Action programs attempt to achieve equality of result)
  41. Voting Rights Act of 1965
    Major legislation designed to overcome racial barriers to voting, primarily in the southern states, which was extended in 1982 for 25 years
  42. Comparable worth
    An employment policy, designed to overcome the economic inequities of sexual discrimination, mandating that persons holding jobs of equal responsibility and skill be paid the same
Card Set
Chapter 3 words
govt 2305 terms