Civil Liberties and Civil Rights in the United States

This set of flashcards covers essential vocabulary related to civil liberties and civil rights, important Supreme Court cases, and key constitutional clauses relevant for understanding government powers and individual rights.

Civil Liberties

Protection of individual freedoms from government interference.

Bill of Rights

The first 10 amendments of the United States Constitution protecting freedoms from government power.

Due Process Clause

Part of the 14th amendment stating that no state can deprive any person of life, liberty, or property without due process.

Selective Incorporation

The process of applying the Bill of Rights to the states on a case-by-case basis.

Establishment Clause

The clause preventing the government from establishing an official religion or showing preferential treatment.

Free Exercise Clause

The clause guaranteeing individuals the right to practice their religion without government interference.

Unprotected Speech

Forms of speech not protected under the First Amendment, such as libel, slander, obscenity, and speech inciting lawless action.

Protected Speech

Forms of speech protected under the First Amendment, including symbolic speech and hate speech, unless it incites immediate violence.

Exclusionary Rule

Legal principle that evidence obtained in violation of a person's Fourth Amendment rights is inadmissible in court.

Substantive Due Process

The principle that the government must respect certain rights of individuals beyond just providing fair legal process.

Affirmative Action

Policies that provide preferential treatment to minorities to increase opportunities for underrepresented groups.

Equal Protection Clause

Part of the 14th Amendment that requires states to provide equal protection under the law to all persons.

Miranda Rule

Requirement for law enforcement to inform suspects of their rights to silence and legal counsel during an arrest.

Gideon v. Wainwright (1963)

Supreme Court case that ruled states must provide an attorney to defendants in criminal cases who cannot afford one.

Tinker v. Des Moines (1969)

Supreme Court ruling affirming students' right to free speech in public schools through symbolic speech.

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

Case ruling that the government cannot prevent newspapers from publishing classified information, reinforcing press freedom.

D.C. v. Heller (2008)

Supreme Court ruling that confirmed the individual right to bear arms for self-defense under the Second Amendment.

Strict Scrutiny

Government must show that the action furthers a compelling government intrest (Involves race, religion, national origin, alienage)

Intermediate Scrutiny

Government must show that it's actions further an important government intrest by using means that are substantially related to that intrest (Involves gender or legitimacy)

Rational Basis Review

Challenger must prove that the government action isn't rationally related to a legitimate government intrest (involves economic regulations etc)