Civil Liberites & Civil Rights POS-1041 Study Guide

Civil Liberties

Protections from improper government action, mainly outlined in the Bill of Rights.

Civil Rights

Obligations by the government to guarantee equal citizenship and protection from discrimination, rooted in the 14th Amendment.

Incorporation

The process by which the Supreme Court has applied elements of the Bill of Rights to the states through the 14th Amendment's Due Process Clause.

Establishment Clause

Prohibits the government from establishing an official state religion or favoring one religion over another.

Lemon Test

A test established in Lemon v. Kurtzman to determine if government aid to religious schools is constitutional.

Free Exercise Clause

Protects the right to practice and believe in any religion.

Strict Scrutiny

The highest standard of judicial review applied to laws restricting speech, requiring a compelling state interest.

Unprotected Speech

Categories of speech that are not protected by the First Amendment, such as libel, slander, and fighting words.

4th Amendment

Protects against unreasonable searches and seizures.

Exclusionary Rule

Prohibits the use of illegally obtained evidence in a criminal trial.

5th Amendment

Guarantees rights related to legal proceedings, including protection against double jeopardy and self-incrimination.

Miranda Rights

Rights that police must inform suspects of before interrogation, as established in Miranda v. Arizona.

6th Amendment

Guarantees the right to a speedy trial, an impartial jury, and legal counsel.

Gideon v. Wainwright

A case that established the requirement for states to provide legal counsel to defendants who cannot afford an attorney.

Privacy Rights

Implied rights not explicitly written in the Constitution, derived from several amendments.

14th Amendment

Contains the Equal Protection Clause, foundational for civil rights protections.

Plessy v. Ferguson

Established the "separate but equal" doctrine, permitting state-sponsored segregation.

Brown v. Board of Education

Overturned Plessy, ruling that separate educational facilities are inherently unequal.

Civil Rights Act of 1964

Outlawed discrimination based on race, color, religion, sex, or national origin in public accommodations and employment.

Voting Rights Act of 1965

Banned discriminatory practices that disenfranchised Black voters, requiring federal oversight in certain areas.

Title IX

Banned gender discrimination in education programs and activities receiving federal funding.

Americans with Disabilities Act (ADA)

Mandates equal employment opportunities and public accessibility for individuals with disabilities.

Obergefell v. Hodges

Legalized same-sex marriage nationwide under the Equal Protection and Due Process clauses.

Affirmative Action

Policies designed to address historical injustices against specific groups by ensuring their access to opportunities.