This set includes only the vocabulary for Unit 3. There are separate sets for the foundational documents and SCOTUS cases.
Affirmative Action
Laws or administrative regulations that require a business firm, government agency, labor union, school, college, or other organization to take positive steps to increase the number of African Americas, other minorities, or women in its membership.
“Affirmative action”
“_____ was created to address and combat the differences in the quality of life between white males and historically disadvantaged groups.”
Bill of Rights
The first ten amendments to the Constitution, which were designed to preserve the individual rights and liberties of American citizens.
“10”
“Antifederalists argued that if a strong national government were to be created, it should be restrained by more explicit guarantees of individual liberties than those found in the drafted Constitution. James Madison led them in proposing 12 amendments designed to protect civil liberties, of which _____ were ratified.”
Bill of Attainder
A law that declares a person, without a trial, to be guilty of a crime.
“Bill of Attainder”
“Sections 9 and 10 of Article 1 of the Constitution both outlaw the passing of a _____, along with ex post facto laws.”
Civil Liberties
Legal protections against the government; what the government cannot do.
“civil liberties”
“The purpose of ratifying the Bill of Rights was to protect _____ and civil rights.”
Civil Rights
Protections against discriminatory practices; what the government must do.
“civil rights”
“The purpose of ratifying the Bill of Rights was to protect _____ and civil liberties. More recent legislation, such as the Equal Protection Clause of the 14th Amendment, also protect civil rights.”
Clear-and-Present Danger Doctrine
Law should not punish speech unless there was an explicit danger of producing harmful actions and “substantive evils that Congress has a right to prevent.”
“clear and present danger”
“If someone is giving a speech that encourages violence or illegal activity, the government may restrict that speech if it poses a _____ to public safety.”
De Facto Segregation
Racial segregation that occurs in schools, not as a result of the law, but as a result of patterns of residential settlement.
“de facto segregation”
“In 2007, the Supreme Court struck down desegregation programs in Seattle and Louisville that attempted to combat _____, ruling that the use of race in assigning students to schools was a violation of the 14th Amendment.”
De Jure Segregation
Racial segregation required by law.
“de jure segregation”
“As a result of Brown vs. Board of Education, segregation by law was declared unconstitutional. This decision only really affected the South, as the North experienced de facto segregation rather than _____.”
Due Process Clause
Located in the 14th Amendment, it denies the government the right, without due process, to deprive people of life, liberty, and property.
“Due Process Clause”
“Our fundamental civil liberties are protected by the _____ of the 14th Amendment, whereas our fundamental civil rights are protected by the Equal Protection Clause of the 14th Amendment.”
Equal Protection Clause
Located in the 14th Amendment, it forbids any state to deny to any person within its jurisdiction the equal protection of the laws.
“Equal Protection Clause”
“Our fundamental civil rights are protected by the _____ of the 14th Amendment, whereas our fundamental civil liberties are protected by the Due Process Clause of the 14th Amendment.”
Establishment Clause
Located in the 1st Amendment, it prohibits the government from “establishing” a religion and passing laws “respecting an establishment of religion.”
“Establishment Clause”
“The Supreme Court has consistently held that outlawing the teaching of evolution in the classroom or requiring the teaching of creationism violates the _____ because it imposes religious beliefs.”
Exclusionary Rule
Improperly gathered evidence may not be introduced in a criminal trial.
“rule”
“The _____ has been used to implement two provisions of the Bill of Rights: the right to be free from unreasonable searches and seizures and the right against self-incrimination.”
Free Exercise Clause
Located in the 1st Amendment, it prohibits the government from passing legislation that prevents the free exercise of a religion.
“Free Exercise Clause”
“In 1993, Congress passed the Religious Freedom Restoration Act, which stated that a law that attempted to be religiously neutral might still violate the _____ if it interfered with a religious practice. This was in response to a ruling about the use of the illegal drug peyote be Indigenous tribes.”
Miranda Rights
A warning read by law enforcement to criminal suspects informing them of their rights, including the right to remain silent and the right to an attorney.
“Miranda”
“In _____ vs. Arizona, the Supreme Court overturned the conviction of Ernesto _____ because, prior to making a confession, he was not made aware of his 5th Amendment right to protection from self-incrimination.”
Selective Incorporation
The process whereby the Supreme Court has applied most, but not all, parts of the Bill of Rights to the states; the amendments were applied to the states one-by-one rather than all together.
“incorporated”
“The most recent right to be _____ was the 2nd Amendment’s right to bear arms. In District of Columbia vs. Heller, the Supreme Court affirmed the meaning of the 2nd Amendment to include the right to keep firearms in a private home for the purposes of personal protection.”
Writ of Habeas Corpus
A court order requiring jailers to bring a prisoner before a court or judge and explain why the person is being held.
“Writ of Habeas Corpus”
“Before the Bill of Rights was ratified, the drafted Constitution already contained a number of specific guarantees of individual liberty, including that a _____ may not be suspended except during invasion or rebellion.”
1st Amendment
Guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices.
“1st Amendment”
“The _____ bans the federal government, but not the states, from having an “established,” tax-supported church, but the Supreme Court has long since outlawed state-sponsored churches as well.”
2nd Amendment
Protects the right to bear arms.
“2nd Amendment”
“In 2010, in McDonald vs. Chicago, the Supreme Court overturned a series of laws in Chicago that made it illegal to own a handgun.”
4th Amendment
Protects citizens from unreasonable searches and seizures of property by the government.
“4th Amendment”
“The _____ is the basis of legislation regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance.”
5th Amendment
Guarantees the rights to a grand jury, forbids double jeopardy, and protects against self-incrimination. It also requires that due process of law be part of any proceeding that denies a citizen life, liberty, or property.
“5th Amendment”
“The declaration ‘I plead the Fifth’ is a direct reference to the _____: the individual is invoking their right against self-incrimination.”
6th Amendment
Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
“6th Amendment”
“In Gideon vs. Wainwright, the Supreme Court ruled that, under the _____, states are required to provide counsel in criminal cases because the right to a lawyer is fundamental to a fair trial.'“
8th Amendment
Prohibits cruel and unusual punishments as well as excessive bail.
“8th Amendment”
“The Supreme Court has held that the death penalty is not cruel and unusual, so long as it is applied in murder cases, only to adults, and only to those mentally competent.”
13th Amendment
Abolished slavery and involuntary servitude, except as punishment for a crime.
“13th Amendment”
“Prior to the adoption of the _____, the Constitution left the issue of slavery to the individual states.”
14th Amendment
Protects our fundamental civil liberties in the Due Process Clause and protects our fundamental civil rights in the Equal Protection Clause.
“14th Amendment”
“In Brown vs. Board of Education, the Supreme Court found that Linda Brown, a black girl attending the fifth grade in a Topeka, Kansas public school, was denied the equal protection of the laws because the schools in Topeka were segregated.”
15th Amendment
Gave the right to vote to all adult males, regardless of race.
“15th Amendment’s”
“In response to the _____ ratification, several states erected legal barriers like grandfather clauses and poll taxes to prevent African Americans from exercising their right to vote.”