UNIT 2 KEY IDEAS: VOCAB/ COURT CASES/ CONSTITUTIONAL CLAUSES/ LAWS TO KNOW

Affirmative action

Policies that consider race or gender to increase opportunities and address past discrimination

Indictment

A formal criminal charge issued by a grand jury

Civil liberties

Individual freedoms protected from government interference

Civil rights

Protections against discrimination and guarantees of equal treatment under the law

Jim Crow laws

State and local laws that enforced racial segregation and discrimination

Literacy test

A test used to prevent certain groups, especially African Americans, from voting

Clear and present danger doctrine

Standard allowing limits on speech that poses an immediate threat

Minority-majority districts

Voting districts where a racial or ethnic minority makes up the majority

De facto segregation

Segregation that exists because of social or economic conditions, not laws

De jure segregation

Segregation that is enforced by law

Miranda warnings

Statement of rights police must read to suspects before custodial interrogation

Defamatory speech

False statements that harm a person's reputation

National Organization for Women (NOW)

Advocacy group that promotes women's rights and gender equality

Obscenity

Sexually explicit material that is not protected by the First Amendment

Digital metadata

Data that provides information about other data, such as time, location, or device use

Poll tax

A fee charged to vote, banned by the 24th Amendment

Double jeopardy

Being tried twice for the same crime after acquittal or conviction

Prior restraint

Government action that prevents speech before it occurs

Due process clause

Constitutional guarantee that government must act fairly and follow procedures

Racial gerrymandering

Drawing voting districts based primarily on race

Due process rights

Legal rights of individuals accused of crimes, including fair trial protections

Sedition

Speech or actions that encourage rebellion against the government

Equal protection clause

Part of the 14th Amendment requiring equal treatment under the law

Selective incorporation

Process by which the Bill of Rights is applied to the states through the 14th Amendment

Eminent domain

Government power to take private property for public use with compensation

Separate but equal

Doctrine allowing segregation if facilities were equal, overturned by Brown v. Board

Establishment clause

First Amendment clause preventing government establishment of religion

Shield laws

Laws protecting journalists from revealing confidential sources

Exclusionary rule

Rule that prevents illegally obtained evidence from being used in court

Strict scrutiny

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

Free exercise clause

First Amendment protection of religious practices

Symbolic speech

Nonverbal actions that express ideas and are protected by the First Amendment

Grandfather clause

Law allowing voting only if one's ancestors had voting rights, used to suppress minority voters

Time, place, manner regulations

Content-neutral limits on when, where, and how speech occurs

Grand jury

Group of citizens who decide whether there is enough evidence to indict

White primary

Primary elections that excluded African American voters

Schenck v. United States (1919)

Issue: Anti-draft leaflets during WWI

Constitutional Question: Does the First Amendment protect speech that opposes the draft during wartime?

Decision: No

Rationale: Speech creating a clear and present danger can be limited.

Gitlow v. New York (1925)

Issue: Socialist pamphlet advocating overthrow of government

Constitutional Question: Does the First Amendment apply to the states?

Decision: Yes (partially)

Rationale: Established selective incorporation through the 14th Amendment.

Brown v. Board of Education (1954)

Issue: Racial segregation in public schools

Constitutional Question: Does school segregation violate the Equal Protection Clause?

Decision: Yes

Rationale: Separate schools are inherently unequal.

Mapp v. Ohio (1961)

Issue: Illegal search and seizure

Constitutional Question: Does the exclusionary rule apply to states?

Decision: Yes

Rationale: Illegally obtained evidence violates the 4th Amendment and must be excluded.

Engel v. Vitale (1962)

Issue: School-sponsored prayer

Constitutional Question: Does school prayer violate the Establishment Clause?

Decision: Yes

Rationale: Government-led prayer endorses religion.

Gideon v. Wainwright (1963)

Issue: Right to an attorney

Constitutional Question: Must states provide lawyers to defendants who can't afford one?

Decision: Yes

Rationale: Right to counsel is fundamental to a fair trial.

Heart of Atlanta Motel v. United States (1964)

Issue: Racial discrimination by private businesses

Constitutional Question: Can Congress prohibit discrimination in public accommodations?

Decision: Yes

Rationale: Discrimination affects interstate commerce.

Griswold v. Connecticut (1965)

Issue: Ban on contraceptives

Constitutional Question: Is there a constitutional right to privacy?

Decision: Yes

Rationale: Privacy implied in the penumbras of the Bill of Rights.

Miranda v. Arizona (1966)

Issue: Police interrogation without informing rights

Constitutional Question: Must suspects be informed of their rights?

Decision: Yes

Rationale: Protects the 5th Amendment right against self-incrimination.

Tinker v. Des Moines (1969)

Issue: Students wearing armbands to protest war

Constitutional Question: Do students have First Amendment rights in school?

Decision: Yes

Rationale: Speech is protected unless it substantially disrupts learning.

New York Times v. United States (1971)

Issue: Government blocking publication of Pentagon Papers

Constitutional Question: Is prior restraint constitutional?

Decision: No

Rationale: Prior restraint violates freedom of the press.

Wisconsin v. Yoder (1972)

Issue: Mandatory school attendance vs religious beliefs

Constitutional Question: Can the state force Amish children to attend school?

Decision: No

Rationale: Free exercise of religion outweighs state interest.

Roe v. Wade (1973)

Issue: State bans on abortion

Constitutional Question: Does the Constitution protect a woman's right to abortion?

Decision: Yes (later overturned)

Rationale: Right to privacy under the 14th Amendment.

Regents of the University of California v. Bakke (1978)

Issue: Racial quotas in college admissions

Constitutional Question: Can race be used in admissions decisions?

Decision: Yes, but quotas are unconstitutional

Rationale: Diversity is a valid interest, but strict scrutiny applies.

Texas v. Johnson (1989)

Issue: Flag burning

Constitutional Question: Is flag burning protected speech?

Decision: Yes

Rationale: Flag burning is symbolic speech.

Boy Scouts of America v. Dale (2000)

Issue: Forced inclusion of gay scout leader

Constitutional Question: Can private organizations choose members?

Decision: Yes

Rationale: Forced inclusion violates freedom of association.

District of Columbia v. Heller (2008)

Issue: Handgun ban

Constitutional Question: Does the Second Amendment protect individual gun ownership?

Decision: Yes

Rationale: Individuals have a right to possess firearms for self-defense.

McDonald v. Chicago (2010)

Issue: State handgun restrictions

Constitutional Question: Does the Second Amendment apply to states?

Decision: Yes

Rationale: Incorporated through the 14th Amendment.

Shelby County v. Holder (2013)

Issue: Voting Rights Act preclearance

Constitutional Question: Is the VRA coverage formula constitutional?

Decision: No

Rationale: Formula was outdated and violated state sovereignty.

Obergefell v. Hodges (2015)

Issue: Same-sex marriage bans

Constitutional Question: Do same-sex couples have a right to marry?

Decision: Yes

Rationale: Marriage is a fundamental right under Due Process and Equal Protection.

Dobbs v. Jackson Women's Health Organization (2022)

Issue: Mississippi abortion law

Constitutional Question: Is abortion a constitutional right?

Decision: No

Rationale: Constitution does not explicitly protect abortion; power returned to states.

Students for Fair Admissions v. UNC (2023)

Issue: Race-based college admissions

Constitutional Question: Do race-conscious admissions violate Equal Protection?

Decision: Yes

Rationale: Use of race failed strict scrutiny.

1st Amendment

Protects freedom of religion (establishment and free exercise), speech, press, assembly, and petition

2nd Amendment

Protects the right to keep and bear arms

3rd Amendment

Prohibits quartering of soldiers in private homes without consent

4th Amendment

Protects against unreasonable searches and seizures and requires warrants based on probable cause

5th Amendment

Protects against self-incrimination and double jeopardy and guarantees due process and eminent domain compensation

6th Amendment

Guarantees the rights of the accused, including a speedy and public trial, an impartial jury, and the right to an attorney

7th Amendment

Guarantees the right to a jury trial in civil cases

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment

9th Amendment

States that people have rights beyond those listed in the Constitution

10th Amendment

Reserves powers not given to the federal government to the states or the people

13th Amendment

Abolishes slavery and involuntary servitude, except as punishment for a crime

14th Amendment

Grants citizenship, guarantees due process and equal protection under the law, and is the basis for selective incorporation

15th Amendment

Prohibits denying the right to vote based on race, color, or previous condition of servitude

19th Amendment

Grants women the right to vote

24th Amendment

Prohibits poll taxes in federal elections

26th Amendment

Lowers the voting age to 18

Civil Rights Act of 1964

Banned discrimination based on race, color, religion, sex, or national origin in public accommodations, employment, and federally funded programs

Voting Rights Act of 1965

Prohibited discriminatory voting practices such as literacy tests and allowed federal oversight of elections

Title IX (1972)

Prohibited sex discrimination in any education program receiving federal funding

Hyde Amendment (1976)

Restricted the use of federal funds for abortions, except in limited circumstances

Americans with Disabilities Act (ADA) (1990)

Prohibited discrimination against individuals with disabilities and required reasonable accommodations

Religious Freedom Restoration Act (RFRA) (1993)

Required the government to show a compelling interest before burdening religious exercise

Defense of Marriage Act (DOMA) (1996)

Defined marriage as between one man and one woman for federal purposes and allowed states to refuse recognition of same-sex marriages

USA PATRIOT Act (2001)

Expanded government surveillance and law-enforcement powers in the interest of national security