GOV 5&6

  1. due process of law
    denies the govt the right, without due process, to deprive anyone life, liberty or property
  2. equal protection of the law
    standards of equal treatment must be observed by gov (14th amendment)
  3. selective incorporation
    court cases that apply the BILL OF RIGHTS to the states, made possible by 14th amend
  4. freedom of expression
    right of people to speak, publish, and assemble
  5. freedom of religion
    people shall be free to exersieve their relition and govt may not establish a religion
  6. prior restraint
    censorship of a publication; hampering the publication of something
  7. clear-and-present-danger test
    law should not limit speech unless there is a clear and present danger of producing harmful actions
  8. libel
    writing that falsely injures another person
  9. obscenity
    materials calculated to appeal mainly to ones sexual interests, rather than political, literary, or artistic
  10. imminent danger
    inflammatory sentiments are limited if they create an imminent daner
  11. symbolic speach
    an act that conveys a political message
  12. free-excercise clause
    first amendment requires that a law cannot prevent free exercise of religion
  13. establishment clause
    the first ammendment ban on laws 'respecting an establishment of religion'
  14. wall of separation
    the court ruling that there can be no governmental involvment in religion
  15. lemon test
    • 1. must have secular purpose, not religious
    • 2. its primary affect niether advances or inhibits religion
    • 3. it does not create an excessive government entanglement
  16. exclusionary rule
    evidence collected illegally cannot be used in a criminal trial
  17. search warrant
    a judges order authorizing a speach
  18. probable cause
    reasonable cause for issuing a search warrent or making an arrest, must be more than mear suspicion
  19. good-faith exeption
    an error in gathering evidence sufficiently minor that it may be used in a trial
  20. civil rights
    the right to be treated without unreasonable or unconstituional differences; rights protecting certain groups
  21. civil liberties
    protections the constitution provides agains the abuse of government power; the rights given in the bill of rights
  22. suspect classification
    classifications of people on the basis of their race or ethnicity
  23. strict scrutiny
    a supreme court test to se if a law denies equal protection; must have a COMPELLING state interest to restrict rights
  24. separate-but-equal doctrin
    the doctrine established by plessy v furgusuon that afracan americans could constitutionally be kept in separate but equal facilities
  25. de jure segregation
    racial segregation of the law; seperate but equal doctrine; jim crow laws
  26. de facto segregation
    racial segregation that is cultural or social
  27. civil disobedience
    opposing a law one considers unjust by peacefully disobeying it and accepting the punishment
  28. police powers
    state power to effect laws promoting health, safety and morals
  29. quality of result
    making certain that people achiev the same result
  30. affirmative action
    programs designed to increase minority participation in some institutions by taking positive steps to appoint more minority group leaders
  31. reverse discrimination
    using race or sex to give prefered treatement to people (chosing a minorty to seem more diverse)
  32. equality of opportunity
    giving people equal chance to succeed
  33. interest group politics
    rights that are conflicting
  34. entrepreneurial politics
    interests driven by skilled policy entrepreneurs
  35. sedition act of 1798
    • made it illegal to write, speak, or publish and 'false scandalous and malicious writing'
    • applied no prior restraint, but made people liable after
  36. smith act of 1940,
    internal security act of 1950
    communist control act of 1954
    banned the advocating of violent overthrow of the u.s. government
Card Set
GOV 5&6
government chapters 5 and 6; civil liberties and civil rights