GOV Civil Liberties

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75 Terms

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Civil Liberties

Freedoms that protect you from the government, like freedom of speech and actions.

Example: You can say what you think about the government without being punished.

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Bill Of Rights

First 10 changes to the Constitution listing Americans’ rights.
Example: The right to free speech is in the Bill of Rights.

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First Amendment

Lets you practice religion, speak freely, gather, and ask the government for changes.
Example: You can go to any church you want or protest a law peacefully.

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14th Amendment

Anyone born in the U.S. is a citizen and must be treated fairly under the law.
Example: A person born in Michigan is automatically a U.S. citizen.

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Due Process Clause

Government can’t take away your life, freedom, or property without following the law.
Example: You can’t be sent to jail without a trial.

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Incorporation Doctrine

Most rights in the Bill of Rights also apply to state governments, not just the federal government.

Example: States must allow freedom of speech, not just the federal government.

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Establishment Clause

Government can’t make an official religion or favor one religion.
Example: Public schools cannot require students to pray in class.

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Free Exercise Clause

You can practice any religion without government interference.
Example: You can wear a hijab or yarmulke at school.

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Prior Restraint

Government stopping someone from speaking or publishing before they do it.
Example: The government trying to stop a newspaper from printing a story.

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Libel

Writing or publishing false statements about someone that can harm their reputation.
Example: Publishing online that a teacher cheats, when it’s not true.

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Symbolic Speech

Using actions to express ideas instead of words.
Example: Burning a flag to protest a law.

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Commercial Speech

Ads or promotions protected by the First Amendment.
Example: A company advertising a new phone online.

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Probable Clause

Police must have good reason (not just a guess) to think a crime happened.
Example: Seeing someone break into a car gives police probable cause to investigate.

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Unreasonable Search and Seizure

Government searches or takes property illegally.
Example: Police entering your bedroom without a warrant or reason.

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Seizures

Government taking your property or freedom illegally.
Example: Police taking your phone without permission.

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Search Warrant

Legal paper allowing police to search a place for evidence.
Example: A judge signs a warrant to search a house for stolen goods.

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Exclusionary Rule

Evidence taken illegally can’t be used in court.
Example: If police find drugs without a warrant, the case might be thrown out.

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Fifth Amendment

Protects you from being forced to testify against yourself and ensures fair procedures.
Example: You can say “I plead the Fifth” if asked a question in court.

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Self-incrimination

Giving info that could get you in trouble with the law.
Example: Admitting you stole something in front of police.

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6th Amendment

Gives people accused of crimes rights like a fair and speedy trial.
Example: You have the right to a lawyer if you’re arrested.

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Plea Bargaining

Admitting to a smaller crime to get a lighter punishment.
Example: Saying guilty to petty theft to avoid jail for a bigger charge.

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8th Amendment

Stops unfairly high fines, bail, or cruel punishments.
Example: You can’t be fined $1 million for jaywalking.

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Cruel and Unusual Punishment

Punishments must fit the crime and be humane.
Example: Giving someone life in prison for stealing candy would be cruel.

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Right to Privacy

Your personal life is protected from unwanted government interference.
Example: The government can’t read your diary or emails without reason.

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Equal Protection of the Laws

Everyone must be treated the same by the law.
Example: Schools cannot give different rules for students based on race.

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Civil Rights Act of 1964

Makes discrimination illegal based on race, color, religion, sex, or country of origin.
Example: A company cannot refuse to hire someone because of their race.

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Suffrage

The right to vote.

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15th Amendment

No one can be denied the right to vote because of race or previous slavery.
Example: Black men could vote after the Civil War.

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Poll Taxes

A fee you had to pay to vote.
Example: People were forced to pay money to vote, which stopped poor people from voting.

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White Primary

Elections that only allowed white people to vote, keeping Black people out.
Example: In some Southern states, only white citizens could vote in primaries.

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24th Amendment

Ends poll taxes in federal elections.
Example: You no longer have to pay to vote for president.

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Voting Rights Act of 1965

Law that banned racial discrimination in voting.
Example: States couldn’t make unfair rules to stop Black people from voting.

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Equal Rights Amendment (ERA)

Tried to guarantee equal rights for men and women under the law.
Example: Men and women would have the same legal protections at work.

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Americans with Disabilities Act (ADA) of 1990

Protects people with disabilities from discrimination.
Example: Buildings must have ramps so people in wheelchairs can enter.

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Affirmative Action

Policies to help groups that were treated unfairly in the past.
Example: Colleges may give extra consideration to students from underrepresented communities.

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Jim Crow Laws

Laws that made racial segregation legal.
Example: Black and white people had to use separate schools and restaurants.

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Black Codes

Laws that limited the freedom of Black people after slavery and forced them to work cheaply.
Example: Black people were often only allowed to work certain jobs or had to sign unfair labor contracts.

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Grandfather Clause

If your grandfather could vote, you could vote; this excluded Black people whose grandfathers were enslaved.
Example: White citizens could vote without taking a literacy test, but Black citizens couldn’t.

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Franchise

Right to vote

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Pre clearance

Some states with a history of unfair voting rules had to get federal approval before changing voting laws.
Example: A state couldn’t change voting rules without approval from the U.S. government.

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Shelby v. Holder (2013)

Court case that said part of the Voting Rights Act (Section 4) was unconstitutional.
Example: Some states no longer needed federal approval to change voting rules, even if they had a history of discrimination.

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Title IX (Higher Education Act)

Schools cannot discriminate based on sex.
Example: A college must offer sports teams for both boys and girls.

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Reverse Discrimination

Favoring groups that were previously discriminated against in a way that may hurt majority groups.
Example: A company hiring more women to balance past unfairness, which some men might see as unfair.

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Family and Medical Leave Act (FMLA)

Allows employees to take unpaid leave for family or medical reasons while keeping their job.
Example: You can take 12 weeks off to care for a new baby without losing your job.

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26th Amendment

Lowers voting age to 18

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Marbury V. Madison (1803)

Created judicial review — the Supreme Court can say a law is unconstitutional.

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McCulloh v. Maryland (1819)

Confirmed federal power over states and upheld implied powers (like creating a national bank).

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Schneck v. United States (1919)

Created the “clear and present danger” test — speech can be limited if it poses a serious danger.

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Brown v. Board of Education (1954)

Declared school segregation unconstitutional — separate schools are unequal.

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Baker V. Carr (1962)

Ruled that federal courts can review redistricting cases — opened door to “one person, one vote.” JURISDICTION

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Engel V. Vitale (1962)

Banned official school prayer — government-led prayer in public schools is unconstitutional.

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Gideon v. Wainwright (1963)

Guaranteed the right to a lawyer for criminal defendants who can’t afford one.

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Tinker v. Des Moines (1969)

Protected student symbolic speech — students don’t lose all First Amendment rights at school.

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New York Times co v. United States (1971)

Limited prior restraint — the government can’t stop publication of information (like the “Pentagon Papers”) without a strong reason.

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Wisconsin v. Yoder (1972)

Protected religious freedom — Amish parents can choose to end formal schooling early for religious reasons.

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Shaw v. Reno (1993)

Ruled racial gerrymandering unconstitutional — districts can’t be drawn only based on race.

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United States v. Lopez (1995)

Limited Congress’s commerce clause power — ruled that gun possession in school zones isn’t related enough to interstate commerce.

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Mcdonald v. Chicago (2010)

Incorporated the Second Amendment — the right to bear arms applies to states.

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Citizens United v. Federal Election Commission (2010)

Allowed unlimited independent political spending by corporations and unions as protected speech.

Political Spending = free speech

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3rd Amendment

No forced quartering of soldiers in homes.
Example: Soldiers can’t live in your house without permission.

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4th Amendment

Protection against unreasonable searches and seizures.
Example: Police need a warrant to search your room.

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7th Amendment

Right to a jury trial in civil cases.
Example: Disagreements over money can go to a jury.

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8th Amendment

No excessive bail, fines, or cruel/unusual punishment.
Example: You can’t get life in prison for stealing candy.

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9th Amendment

People have rights beyond those listed in the Constitution.
Example: Your privacy is protected even if it’s not in the Constitution.

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10th Amendment

Powers not given to the federal government belong to the states or people.
Example: Education is mainly controlled by states.

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11th Amendment

States can’t be sued by citizens of another state or country.
Example: You can’t sue Texas in federal court if you live in California.

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12th Amendment

Changed how the president and vice president are elected.
Example: President and VP run together on the same ticket.

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13th Amendment

Abolished slavery (except as punishment for a crime).
Example: Slavery is illegal in the U.S.

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16th Amendment 1913

Congress can collect income tax.
Example: Taxes are taken from your paycheck.

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17th Amendment 1913

Direct election of U.S. Senators by the people.
Example: People vote for Senators instead of state legislatures.

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18th Amendment (1919)

Prohibited alcohol (later repealed by the 21st).
Example: Making, selling, or transporting alcohol was illegal.

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20th Amendment (1933)

Changed the start dates for presidential and congressional terms.
Example: President now takes office on January 20 instead of March 4

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23rd Amendment

D.C. residents can vote for president.
Example: People in Washington D.C. get electoral votes.

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25th amendment

Clarifies presidential succession and disability.
Example: If the president dies, the VP becomes president.

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27th Amendment

Congress cannot give itself an immediate pay raise.
Example: Senators’ salary increases don’t take effect until after the next election.