Civil Liberties, Civil Rights, and Voting Rights: Key Concepts and Court Tests

Civil Liberties

Fundamental freedoms protected from government interference (e.g., speech, religion).

Civil Rights

Protections against discrimination; ensure equal treatment under the law.

Selective Incorporation

Process by which the Supreme Court applies Bill of Rights protections to states via the 14th Amendment.

Black Codes

Laws passed after the Civil War to restrict African Americans' freedoms.

Establishment Clause

Part of the First Amendment prohibiting government from establishing a religion.

Lemon Test

A three-part test from Lemon v. Kurtzman to determine if a law violates the Establishment Clause.

Blue Laws

Laws restricting activities on Sundays for religious reasons.

Ceremonial Deism

Religious references in government that are deemed non-religious due to tradition (e.g., "In God We Trust").

Free Exercise Clause

First Amendment clause protecting individuals' rights to practice religion freely.

Sherbert Test

Determines if government has burdened a person's religious practice unjustifiably.

Free Speech Clause

Part of the First Amendment protecting freedom of expression.

Freedom of Speech

Right to express opinions without government censorship.

Unprotected Speech

Speech not protected by the First Amendment (e.g., obscenity, incitement).

Miller Test

Determines what constitutes obscene material not protected by the First Amendment.

Symbolic Speech

Nonverbal expression (e.g., flag burning) protected under the First Amendment.

Right to Petition

Right to appeal to government for redress of grievances.

Right to Privacy

Implied right protecting personal autonomy (e.g., reproductive rights).

Probable Cause

Reasonable grounds for search, seizure, or arrest.

Due Process

Legal requirement that government must respect all legal rights owed to a person.

Eminent Domain

Government's power to take private property for public use with compensation.

Equal Protection Clause

14th Amendment clause requiring states to treat individuals equally under the law.

Rational Basis Test

Lowest level of scrutiny; law must be rationally related to a legitimate government interest.

Intermediate Scrutiny

Law must further an important government interest in a way substantially related to that interest.

Strict Scrutiny

Highest level; law must serve a compelling interest and be narrowly tailored.

Emancipation Proclamation

1863 declaration by Lincoln freeing slaves in Confederate states.

Literacy Tests

Used to disenfranchise Black voters by requiring reading skills.

Grandfather Clause

Allowed whites to bypass literacy tests if their ancestors had voted.

Poll Tax

Fee required to vote, used to suppress Black voters.

White Primaries

Primary elections in which only white voters could participate.

Separate but Equal

Doctrine from Plessy v. Ferguson allowing racial segregation.

Jim Crow Laws

State laws enforcing racial segregation.

Red-lining Practices

Denying services (like loans) to residents of certain areas based on race.

Civil Disobedience

Peaceful protest against unjust laws.

White Flight

White residents moving out of urban areas to avoid integration.

Affirmative Action

Policies to increase opportunities for historically marginalized groups.

Coverture

Legal doctrine where a woman's rights were subsumed by her husband's.

Suffrage

Right to vote.

Equal Rights Amendment

Proposed amendment to guarantee equal rights regardless of sex.

Title IX

Federal law prohibiting sex discrimination in education.

Doctrine of Comparable Worth

Idea that men and women should receive equal pay for work of equal value.

Disenfranchisement

Denial of the right to vote.

Trail of Tears

Forced relocation of Native Americans, especially the Cherokee, in the 1830s.

Alaskan Native Subsistence

Rights of Alaska Natives to hunt and fish for survival.

Don't Ask Don't Tell

Former military policy barring openly LGBTQ+ service members.

Public Opinion

Collective attitudes of citizens on issues, leaders, and institutions.

Political Socialization

Process by which individuals acquire political beliefs.

Socialization Agents

Influences like family, media, school that shape political views.

Covert Content

Political messages not explicitly labeled as such.

Overt Content

Clearly political messages.

Polarization

Growing ideological distance between political parties.

Fascism

Authoritarian system with dictatorial power and suppression of opposition.

Authoritarian

Government with strong central power and limited political freedoms.

Conservative

Political ideology favoring tradition, limited government, and free markets.

Classical Liberalism

Emphasizes individual liberty, limited government, and free markets.

Socialism

Economic system where the government owns major industries and redistributes wealth.

Communism

Political and economic system advocating classless society and collective ownership.

Straw Poll

Informal survey of opinion.

Political Poll

Scientific survey measuring public opinion.

Push Poll

Poll designed to influence rather than measure opinion.

Heuristics

Mental shortcuts used to make political decisions.

Demographic

Statistical characteristics of populations (e.g., age, race).

Party Membership

Affiliation with a political party.

Political Elites

Individuals with disproportionate influence in politics.

Bandwagon Effect

Tendency to support a candidate who appears to be winning.

Horse Race Coverage

Media focus on polling and competition rather than issues.

Approval Ratings

Measure of public support for a political figure.

Bully Pulpit

President's use of visibility to influence public opinion.

Legitimacy

Public belief that government has the right to rule.

Voter Fatigue

Apathy due to frequent elections.

Election Cycle

Regular schedule of elections (e.g., every 2 or 4 years).

Types of Primaries

Open, closed, and semi-closed systems for selecting party nominees.

Conventions

Party meetings to nominate candidates and set platforms.

Electoral College

System for electing the U.S. president via state electors.

Political Action Committee (PAC)

Organization that raises money to influence elections.

Plurality Electoral System

Candidate with most votes wins, even without a majority.

Majoritarian Electoral System

Requires majority to win; may involve runoffs.

Proportional Electoral System

Seats allocated based on percentage of votes.

Straight Ticket Voting

Voting for all candidates from one party.

Single Issue Voter

Voter motivated by one specific issue.

Retrospective Voting

Voting based on past performance of a candidate or party.

Prospective Voting

Voting based on future promises or plans.

Pocketbook Voting

Voting based on personal financial situation.

Strategic Voting

Voting to prevent undesired outcomes, not necessarily for preferred candidate.

Incumbency Advantage

Benefit held by current officeholders in elections.

Referendum

Direct vote by citizens on a specific issue.

Initiative

Citizens propose laws or amendments via petition and vote.