Gov TQ 5B

affirmative action

affirmative action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities.

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

defamation

the action of damaging the good reputation of someone; slander or libel. Untrue statements.

double jeopardy

Being tried twice for the same crime

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

incorporation doctrine

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

penumbra rights

The rights guaranteed by implication in a constitution or the implied powers of a rule.

prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

selective incorporation

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

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.

Scott v. Sandford

1857 SC decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories

Plessy v. Ferguson

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

Korematsu v. US

1944 Supreme Court case in which the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor

Regents v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by schoolchildren in New York.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Gitlow v. New York

The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution

Lemon v. Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Miller v. California

1973 ruling that determined the obscenity clause to related to works that lack literary, artistic, political or scientific value. (LAPS test)

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Schenck v. US

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.