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Fundamental Rights - A basic right of all Americans, such as First Amendment rights. Any law or action that prevents some group of persons from exercising a fundamental right is subject to the "strict scrutiny" standard, under which the law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet that interest Establishment Clause - The section of the First Amendment that prohibits Congress from passing laws "respecting and establishment of religion." Issues concerning the establishment clause often center on prayer in public schools. the teaching of fundamentalist theories of creation, and government aid to parochial schools Free Exercise Clause - A First Amendment provision that prohibits government from interfering with the practice of religion. 1st Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances 14th Amendment - 1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts De facto Segregation - Racial segregation that occurs not as a result of deliberate intentions but because of social and economic conditions and residential patterns De jure Segregation - Racial segregation that occurs because of laws of decisions by government agencies Lemon Test - A three-part test enunciated by the Supreme Court in the 1971 case of Lemon vs. Kurtzman to determine whether government aid to parochial schools is constitutional. To be constitutional, the aid must be for a clearly secular purpose, neither advance nor inhibit religion in its primary effect, and avoid an "excessive government entanglement with religion." The Lemon Test has also been used in other types of cases involving the establishment clause Rational Basis Test - A test (also known as the "ordinary-scrutiny" standard) used by the Supreme Court to decide whether a discriminatory law violates the equal protection clause of the Constitution. It is only used when there is no
classification -- such as race or gender -- that would require a higher level of scrutiny. Few laws evaluated under this test are found invalid. Suspect Classification - A classification, such as race, that provides the basis for a discriminatory law. Any law based on suspect classification is subject to strict scrutiny by the courts -- meaning that the law must be justified by a compelling state interest