UNIT 7

9th Amendment

Part of the Bill of Rights; states that the listing of specific rights in the Constitution does not mean that people don’t have other rights too.

10th Amendment

Part of the Bill of Rights; reserves powers not given to the federal government or prohibited to the states to the states or the people.

Affirmative Action

Government policies designed to address past discrimination by providing special opportunities in education and employment.

Americans with Disabilities Act (1990)

Federal law that prohibits discrimination against individuals with disabilities and requires reasonable accommodations.

Bill of Rights

The first 10 amendments to the Constitution that protect individual freedoms from government interference.

Black Codes

Laws passed in Southern states after the Civil War to limit the freedom of African Americans.

Brown v. Board of Education (1954)

Supreme Court case that ruled racial segregation in public schools unconstitutional.

Civil Liberties

Constitutionally protected freedoms that the government cannot infringe upon without due process.

Civil Rights

Protections from discrimination based on race, gender, age, or other factors requiring government action.

Civil Rights Act of 1964

Legislation that banned segregation in public places and outlawed employment discrimination.

Clear and Present Danger Test

Legal standard that allows the government to limit speech if it poses an immediate threat to public safety.

Cruel and Unusual Punishment

Prohibited by the 8th Amendment; includes torture and degrading penalties.

De Facto Segregation

Segregation resulting from social patterns and economic conditions rather than by law.

De Jure Segregation

Segregation imposed by law.

Direct Incitement Test

Limits speech only if it is likely to incite imminent lawless action.

Double Jeopardy

5th Amendment protection against being tried twice for the same crime after an acquittal or conviction.

Due Process Clause

Guarantees fair legal procedures when the government takes a person’s life, liberty, or property.

Enemy Combatant

A person engaged in armed conflict against the U.S. who may not have the same constitutional rights.

Equal Pay Act of 1963

Requires men and women to be paid equally for performing substantially equal work.

Equal Protection Clause

Requires states to apply laws equally and protect individuals from discrimination.

Equal Rights Amendment

Proposed amendment to guarantee equal legal rights regardless of sex.

Establishment Clause

Prohibits the government from establishing an official religion.

Ex Post Facto Laws

Laws that retroactively criminalize actions; prohibited by the Constitution.

Exclusionary Rule

Illegal evidence cannot be used in court.

Extradition Clause

Requires states to return individuals charged with crimes to the state where the crime was committed.

Extraordinary Rendition

Secret transfer of terror suspects to other countries.

Fighting Words

Speech intended to incite violence; not protected under the 1st Amendment.

Free Exercise Clause

Protects individuals' right to practice their religion freely.

Grandfather Clause

Law allowing voting only if an ancestor had voted before the Civil War, declared unconstitutional.

Habeas Corpus

Legal right requiring authorities to explain why a person is being held in custody.

Hate Speech

Speech attacking individuals based on race, religion, or identity; protected unless it incites violence.

Incorporation

Process by which the Supreme Court applies the Bill of Rights to state governments.

Indictment

Formal criminal charge issued by a grand jury.

Jim Crow Laws

Laws enforcing racial segregation in the South from the late 19th century until the 1960s.

Lemon Test

Test to determine if a law violates the Establishment Clause.

Libel

False written statement damaging a person’s reputation.

Miranda Rights

Rights of a suspect upon arrest established in Miranda v. Arizona.

Prior Restraint

Government action preventing publication or speech; generally unconstitutional.

Right to Privacy

Implied right protecting personal decisions from government interference.

Selective Incorporation

Application of parts of the Bill of Rights to states through the 14th Amendment.

Separate but Equal

Doctrine that allowed racial segregation if facilities were 'equal'; overturned by Brown v. Board of Education.

Separation of Church and State

Principle keeping government and religious institutions separate.

Slander

False spoken statements damaging a person’s reputation.

Strict Scrutiny

Highest level of judicial review for laws involving race or fundamental rights.

Substantive Due Process

Judicial interpretation protecting certain fundamental rights.

Suspect Classification

Category that triggers strict scrutiny when discrimination is alleged.

Symbolic Speech

Nonverbal expression protected under the 1st Amendment.

Writ of Habeas Corpus

Court order demanding that a prisoner be brought before a judge.

Miranda v. Arizona (1966)

Established the Miranda Rights, requiring police to inform suspects of their rights upon arrest. Amendments: 5th Amendment (Right against self-incrimination) & 6th Amendment (Right to counsel).

New York Times Co. v. Sullivan (1964)

Established the 'actual malice' standard for libel cases involving public figures. Amendment: 1st Amendment (Freedom of Speech and Press).

Plessy v. Ferguson (1896)

Upheld 'separate but equal' doctrine (later overturned by Brown v. Board of Education). Amendment: 14th Amendment (Equal Protection Clause).

Roe v. Wade (1973)

Legalized abortion based on the constitutional right to privacy. Amendment: 14th Amendment (Right to Privacy under Due Process Clause).

Shaw v. Reno (1993)

Legislative redistricting must comply with the Voting Rights Act and cannot be based solely on race. Amendment: 14th Amendment (Equal Protection Clause).

Morse v. Frederick (2007)

Schools can prohibit student speech promoting illegal drug use ('Bong Hits 4 Jesus'). Amendment: 1st Amendment (Free Speech).

Schenck v. United States (1919)

Established the 'clear and present danger' test for limiting speech. Amendment: 1st Amendment (Free Speech).

McCulloch v. Maryland (1819)

Established that Congress has implied powers and states cannot tax federal institutions. Amendment: Article I, Section 8 (Necessary and Proper Clause).

United States v. Lopez (1995)

Limited Congress’s power under the Commerce Clause. Amendment: Article I, Section 8 (Commerce Clause).

Marbury v. Madison (1803)

Established the principle of judicial review, allowing courts to declare laws unconstitutional. Amendment: Article III of the Constitution.

Engel v. Vitale (1962)

Government-directed prayer in public schools violates the Establishment Clause. Amendment: 1st Amendment (Establishment Clause).

Wisconsin v. Yoder (1972)

Amish families cannot be forced to send children to school past 8th grade due to religious beliefs. Amendment: 1st Amendment (Free Exercise Clause).

District of Columbia v. Heller (2008)

Individuals have the right to own firearms for self-defense. Amendment: 2nd Amendment (Right to Bear Arms).

McDonald v. Chicago (2010)

The 2nd Amendment applies to states through selective incorporation. Amendments: 2nd Amendment (Right to Bear Arms) & 14th Amendment (Due Process Clause).

Tinker v. Des Moines (1969)

Students have free speech rights in schools (black armbands to protest Vietnam War). Amendment: 1st Amendment (Free Speech).

New York Times Co. v. United States (1971)

Government cannot prevent publication without proof of a national security threat (Pentagon Papers case). Amendment: 1st Amendment (Freedom of Press).

Gideon v. Wainwright (1963)

States must provide an attorney for defendants who cannot afford one. Amendments: 6th Amendment (Right to Counsel) & 14th Amendment (Due Process Clause).

Citizens United v. Federal Election Commission (2010)

Corporations and unions can spend unlimited money on political campaigns as free speech. Amendment: 1st Amendment (Free Speech).