Unit 3 Terms

affirmative action

affirmative action

the use of programs and policies designed to assist groups that have historically been subject to discrimination

American Indian Movement (AIM)

the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973

Black Codes

Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Chicanos

Name given to Mexican-Americans, who in 1970, were the majority of migrant farm labor in the U.S.

Civil Disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

comparable worth

the issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill

converture

a legal doctrine that lasted until the late nineteenth century, under which wives were incorporated into their husbands' citizenship

de facto segregation

Segregation resulting from economic or social conditions or personal choice.

de jure segregation

segregation by law

direct action

unconventional participation that involves assembling crowds to confront businesses and local governments to demand a hearing

Disenfranchisement

the revocation of someone's right to vote

Equal Protection Clause

a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law

Equal Rights Amendment (ERA)

the proposed amendment to the Constitution that would have prohibited all discrimination based on sex

glass ceiling

an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization—including corporations, governments, academic institutions, and religious organizations

grandfather clause

the provision in some southern states that allowed illiterate White people to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified

hate crime

harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability

Intermidiate Scrutiny

the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women

Jim Crow Laws

state and local laws that promoted racial segregation and undermined Black voting rights in the south after Reconstruction

literacy test

tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

poll tax

annual tax imposed by some states before a person was allowed to vote

rational basis test

the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

Reconstruction

the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union

stonewall inn

a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBTQ community there

Strict Scrutiny

the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Title IX

the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

Trail of Tears

The Cherokee Indians were forced to leave their lands. They traveled from North Carolina and Georgia through Tennessee, Kentucky, Illinois, Missouri, and Arkansas-more than 800 miles (1,287 km)-to the Indian Territory. More than 4, 00 Cherokees died of cold, disease, and lack of food during the 116-day journey.

understanding tests

tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise Black voters

white primary

a primary election in which only White people are allowed to vote

Blue Laws

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

Civil Liberties

limitations on the power of government, designed to ensure personal freedoms

civil rights

guarantees of equal treatment by government authorities

common-law right

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

conscientious objector

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

double jeopardy

a prosecution pursued twice at the same level of government for the same criminal action

Due Process Clause

provisions of the Fifth and Fourteenth Amendments that limit government power to deny people "life, liberty, or property" on an unfair basis

economic liberty

the right of individuals to obtain, use, and trade things of value for their own benefit

eminent domain

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

Establishment Clause

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

free exercise clause

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Miranda warning

a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights

Obscenity

acts or statements that are extremely offensive by contemporary standards

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

plea bargain

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Prior restraint

a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)

probable cause

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

right to privacy

the right to be free of government intrusion

search warrant

a legal document, signed by a judge, allowing police to search and/or seize persons or property

selective incorporation

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

self-incrimination

an action or statement that admits guilt or responsibility for a crime

Sherbert test

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a "compelling governmental interest" at stake and it accomplishes its goal by the "least restrictive means" possible

symbolic speech

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

Undue Burden Test

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.

Wisconsin v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.

Tinker v. Des Moines Independent Community School District (1969)

court agreed that students' free rights should be protected and said, "Students don't shed their constitutional rights at the school house gates."

Schenck v. United States (1919)

Speech may be punished if it creates a clear-and-present-danger test of illegal acts

New York Times Co. v. united states

the Court established a "heavy presumption against prior restraint," even in cases involving national security. This means that the Court is very likely to find cases of government censorship unconstitutional.

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Second Amendment

Right to bear arms

Third Amendment

The government may not house soldiers in private homes without consent of the owner

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

Right to a speedy and public trial

Seventh Amendment

Right to a trial by jury in civil cases

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.