Civil Rights and Civil Liberties (Unit 7)

Seligman AP Gov

9th Amendment

Part of the Bill of Rights; states that the listing of specific rights in the Constitution does not mean that people don’t have other rights too.

10th Amendment

Part of the Bill of Rights; reserves powers not given to the federal government or prohibited to the states to the states or the people.

Affirmative Action

Government policies designed to provide special opportunities in education and employment to historically disadvantaged groups.

Americans with Disabilities Act (1990)

Federal law prohibiting discrimination against individuals with disabilities in employment, public services, transportation, and accommodations.

Bill of Rights

The first 10 amendments to the Constitution, protecting individual freedoms from government interference.

Black Codes

Laws passed in Southern states after the Civil War to limit African Americans' freedom and rights.

Brown v. Board of Education (1954)

Supreme Court case ruling racial segregation in public schools unconstitutional.

Civil Liberties

Constitutionally protected freedoms that the government cannot infringe upon without due process.

Civil Rights

Protections from discrimination based on race, gender, or other factors; require government action to ensure equality.

Civil Rights Act of 1964

Legislation banning segregation in public places and outlawing employment discrimination.

Clear and Present Danger Test

Legal standard allowing the government to limit speech if it poses a clear threat to public safety.

Cruel and Unusual Punishment

Excessively harsh or degrading punishment prohibited by the 8th Amendment.

De Facto Segregation

Segregation occurring through social patterns rather than by law.

De Jure Segregation

Segregation imposed by law.

Direct Incitement Test

Limits speech only if it is likely to incite imminent lawless action.

Double Jeopardy

5th Amendment protection preventing someone from being tried twice for the same crime.

Due Process Clause

Clause guaranteeing fair procedures when the government takes away life, liberty, or property.

Enemy Combatant

Person engaged in armed conflict against the U.S. without the same constitutional rights as regular prisoners.

Equal Pay Act of 1963

Federal law requiring equal pay for men and women performing substantially equal work.

Equal Protection Clause

Part of the 14th Amendment requiring states to apply the law equally.

Equal Rights Amendment

Proposed amendment to guarantee equal legal rights regardless of sex.

Establishment Clause

Clause prohibiting the government from establishing an official religion.

Ex Post Facto Laws

Laws that retroactively criminalize an action or increase punishment, prohibited by the Constitution.

Exclusionary Rule

Legal principle preventing the use of evidence obtained through illegal searches.

Extradition Clause

Clause requiring states to return individuals charged with crimes to the state of the crime.

Extraordinary Rendition

Secret transfer of terror suspects to other countries for interrogation.

Fighting Words

Speech intended to incite violence, not protected under the 1st Amendment.

Free Exercise Clause

Clause protecting individuals' right to practice their religion freely.

Grandfather Clause

Law allowing people to vote only if their ancestors had voted before the Civil War.

Habeas Corpus

Legal right requiring authorities to explain why a person is detained.

Hate Speech

Speech attacking individuals based on identity factors; often protected unless it incites violence.

Incorporation

Process of applying the Bill of Rights to state governments.

Indictment

Formal charge issued by a grand jury for a criminal trial.

Jim Crow Laws

Laws enforcing racial segregation in the South from the late 19th century until the 1960s.

Lemon Test

Test used to determine if a law violates the Establishment Clause.

Libel

False written statement damaging a person’s reputation.

Miranda Rights

Rights of a suspect upon arrest, established in Miranda v. Arizona.

Miranda v. Arizona (1966)

Supreme Court case establishing suspects must be informed of their rights.

New York Times Co. v. Sullivan (1964)

Case establishing the "actual malice" standard for press reporting on public officials.

Plessy v. Ferguson (1896)

Supreme Court case upholding

separate but equal

segregation doctrine; overturned by Brown v. Board of Education.

Prior Restraint

Government action preventing publication or speech.

Rendition

Transfer of a person from one jurisdiction to another.

Right to Privacy

Implied right protecting personal autonomy in various personal decisions.

Roe v. Wade (1973)

Supreme Court case establishing a constitutional right to abortion.

Selective Incorporation

Process of applying parts of the Bill of Rights to the states.

Separate but Equal

Doctrine allowing racial segregation if facilities are deemed equal.

Separation of Church and State

Principle that government and religious institutions must remain separate.

Slander

False spoken statements damaging a person’s reputation.

Strict Scrutiny

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

Substantive Due Process

Judicial interpretation protecting certain fundamental rights from government interference.

Suspect Classification

Category that triggers strict scrutiny when discrimination is alleged.

Symbolic Speech

Nonverbal expression protected under the 1st Amendment.

Writ of Habeas Corpus

Court order demanding a prisoner be brought before a judge.

9th Amendment

Part of the Bill of Rights; states that the listing of specific rights in the Constitution does not mean that people don’t have other rights too, protecting unenumerated rights.

10th Amendment

Part of the Bill of Rights; reserves powers not given to the federal government or prohibited to the states to the states or the people, serving as the basis for state sovereignty.

Affirmative Action

Government policies or programs designed to address past discrimination by providing special opportunities in education and employment to historically disadvantaged groups, such as minorities and women.

Americans with Disabilities Act (1990)

Federal law that prohibits discrimination against individuals with disabilities in employment, public services, transportation, and accommodations; requires reasonable accommodations.

Bill of Rights

The first 10 amendments to the Constitution, added in 1791, to protect individual freedoms such as speech, religion, and due process from government interference.

Black Codes

Laws passed in Southern states after the Civil War to limit the freedom of African Americans by controlling their movement, work, and legal rights, which were precursors to Jim Crow laws.

Brown v. Board of Education (1954)

Supreme Court case that ruled racial segregation in public schools unconstitutional, overturning Plessy v. Ferguson and establishing that 'separate but equal' is inherently unequal.

Civil Liberties

Constitutionally protected freedoms (such as speech, press, and religion) that the government cannot infringe upon without due process.

Civil Rights

Protections from discrimination based on race, gender, age, or other factors; require government action to guarantee equal treatment under the law.

Civil Rights Act of 1964

Landmark legislation that banned segregation in public places, outlawed employment discrimination based on race, color, religion, sex, or national origin, and strengthened voting rights laws.

Clear and Present Danger Test

Legal standard from Schenck v. United States (1919) that allows the government to limit speech if it poses a clear and immediate threat to public safety or order.

Cruel and Unusual Punishment

Punishment that is excessively harsh or degrading, prohibited by the 8th Amendment; includes torture and excessively long sentences.

De Facto Segregation

Segregation that occurs through social patterns, private behavior, and economic conditions rather than by law, such as segregated neighborhoods.

De Jure Segregation

Segregation that is imposed by law, like laws requiring separate schools for Black and white students.

Direct Incitement Test

Established in Brandenburg v. Ohio (1969); limits speech only if it is likely to incite imminent lawless action.

Double Jeopardy

5th Amendment protection that prevents someone from being tried twice for the same crime after an acquittal or conviction.

Due Process Clause

Found in the 5th and 14th Amendments; guarantees that the government must follow fair procedures when taking away a person's life, liberty, or property.

Enemy Combatant

A person engaged in armed conflict against the U.S. who may be held without the same constitutional rights as regular prisoners under wartime laws.

Equal Pay Act of 1963

Federal law requiring that men and women be paid equally for performing substantially equal work under similar working conditions.

Equal Protection Clause

Part of the 14th Amendment; requires states to apply the law equally and protect individuals from discrimination by the government.

Equal Rights Amendment

Proposed constitutional amendment (introduced in 1923, passed by Congress in 1972 but never ratified) that sought to guarantee equal legal rights for all Americans regardless of sex.

Establishment Clause

Part of the 1st Amendment; prohibits the government from establishing an official religion or favoring one religion over another, ensuring separation of church and state.

Ex Post Facto Laws

Laws that retroactively criminalize an action that was legal when committed or increase the punishment after the fact; prohibited by the Constitution.

Exclusionary Rule

Legal principle established in Mapp v. Ohio (1961); evidence obtained through illegal searches and seizures cannot be used in court.

Extradition Clause

Requires states to return individuals charged with crimes to the state where the crime was committed upon request.

Extraordinary Rendition

Secret transfer of terror suspects to other countries, often with poor human rights records, where they may be interrogated or tortured.

Fighting Words

Speech intended to incite violence or immediate disruption; not protected under the 1st Amendment.

Free Exercise Clause

Part of the 1st Amendment; protects individuals' right to practice their religion freely unless it violates public order or laws.

Grandfather Clause

Law that allowed people to vote only if their ancestors had voted before the Civil War; used to prevent African Americans from voting; declared unconstitutional in 1915.

Habeas Corpus

A legal right that requires authorities to explain why a person is being held in custody; protects against unlawful detention.

Hate Speech

Speech attacking individuals or groups based on race, religion, ethnicity, gender, or other identity factors; often protected unless it directly incites violence.

Incorporation

The process by which the Supreme Court applies the Bill of Rights to state governments using the 14th Amendment's Due Process Clause.

Indictment

Formal criminal charge issued by a grand jury stating that there is enough evidence to go to trial.

Jim Crow Laws

State and local laws enforcing racial segregation in the South from the late 19th century until the 1960s.

Lemon Test

Test from Lemon v. Kurtzman (1971) used to determine if a law violates the Establishment Clause: Must have a secular purpose, must not advance or inhibit religion, and must not create excessive government entanglement with religion.

Libel

False written statement that damages a person’s reputation; not protected under the 1st Amendment.

Miranda Rights

Rights of a suspect upon arrest (right to remain silent, right to an attorney); established in Miranda v. Arizona (1966).

Miranda v. Arizona (1966)

Supreme Court case establishing that suspects must be informed of their rights before police questioning.

New York Times Co. v. Sullivan (1964)

Supreme Court case that established the 'actual malice' standard for press reporting on public officials.

Plessy v. Ferguson (1896)

Supreme Court case that upheld 'separate but equal' segregation; overturned by Brown v. Board of Education (1954).

Prior Restraint

Government action preventing publication or speech; generally unconstitutional except in cases of national security.

Rendition

Transfer of a person from one jurisdiction to another for legal reasons or prosecution.

Right to Privacy

Implied right (from the 4th and 9th Amendments) protecting personal autonomy in decisions like contraception, marriage, and abortion.

Roe v. Wade (1973)

Supreme Court case that established a constitutional right to abortion based on the right to privacy (overturned in 2022).

Selective Incorporation

The process of applying parts of the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.

Separate but Equal

Doctrine from Plessy v. Ferguson that allowed racial segregation as long as facilities were 'equal'.