Clever Clauses
The part in the First Amendment of the US Constitution that prohibits the institution of a particular religion by Congress.
A legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property.
What is procedural due process?
A form of judicial review that courts use to determine the constitutionality of certain laws. To pass it, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest.
What is strict scrutiny?
Tests administered to prospective voters purportedly to test their comprehension in order to vote. In practice, these tests were intended to disenfranchise racial minorities.
What are literacy tests?
Protections against government actions. These are outlined in the first amendment to the Constitution.
What are civil liberties?
The part in the Constitution that guarantees the right to practice religion.
What is the free exercise clause?
A principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.
What is substantive due process?
This is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes. To pass intermediate scrutiny, the challenged law must further an important government interest and must do so by means that are substantially related to that interest.
What is intermediate (heightened) scrutiny?
Money a person is required to pay before he or she is allowed to vote. They were used in many southern states after the Reconstruction period to restrict African-American citizens' right to vote.
What are poll taxes?
Personal rights guaranteed by the Constitution and federal law that often prohibit or protect from unlawful discrimination.
A clause in registration laws that do not allow people to vote if their grandfather was unable to. Used to exclude racial minorities from voting.
What is the grandfather clause?
The action which can be reviewed and granted certain recovery of damages to the recipient without proof of it's harm to the individual.
What is libel?
The review required of Congress to consider legislative documents to determine their purpose and constitutionality.
What is rational basis?
Stated that, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”
What is the 15th Amendment?
An action or policy that considers the factors that may inhibit or disenfranchise those who tend to suffer from discrimination, especially in relation to employment or education. This may be used as a deciding factor in applicants to a certain job or institution of higher learning since diversity is becoming more important to these bodies.
What is affirmative action?
Allows for Congress to circumvent standard limitations to the Constitution.
What is the Necessary and Proper (or Elastic) Clause?
The application of certain parts of the Bill of Rights to the states.
What is selective incorporation?
The clause in the Constitution that inspired the scrutiny tests.
What is the Equal Protection Clause?
The barring of those who have served or are serving prison time from voting.
What is felony disenfranchisement?
Checks on people's ability to express opinions and disseminate materials dependent on the context of the expression.
What are time, place, and manner restrictions?