Civil Rights and Liberties Vocabulary

Vocabulary flashcards based on lecture notes on civil rights, civil liberties, and landmark Supreme Court cases.

Clear and present danger

A legal standard used to determine when speech or actions can be limited or restricted; evaluates whether the expression poses a significant/immediate threat to public safety/national security.

Patriot Act

Legislation passed after 9/11 to enhance national security and combat terrorism, expanding law enforcement powers for surveillance and detention.

Civil Liberties

Fundamental rights and freedoms protected from infringement by the government.

Civil Rights

Protections from discrimination as a member of a particular group.

Civil Rights Act of 1964

Legislation outlawing racial segregation in schools and public places.

Due process clause

In the 14th amendment, restricts state governments from denying citizens their life, liberty, or property without legal safeguards.

Dissent

Statement by justice/justices who disagree with the majority decision.

Equal protection clause

Protects civil rights of Americans from discrimination.

Establishment clause

1st amendment protection against the government requiring citizens to join or support a religion.

Exclusionary rule

A rule that evidence obtained without a warrant is inadmissible in court.

Free exercise clause

1st amendment protection of the rights to exercise and express their religion.

Judicial review

The power of the Supreme Court to determine the constitutionality of laws and executive actions.

Miranda rights

A set of legal rights that law enforcement must inform a suspect of before interrogation.

National Organization for Women (NOW)

A feminist advocacy group founded in 1966 aimed at promoting women’s rights and equality.

Selective incorporation

The process through which the Supreme Court has applied the Bill of Rights to state governments.

Symbolic speech

Protected expression in the form of images, signs, and other symbols.

Title IX of the Education Amendments Act of 1972

Law prohibiting sex discrimination in schools and educational programs receiving federal funding.

"…Separate but Equal"

Doctrine from Plessy v. Ferguson that racial segregation was constitutional if facilities were equal.

Voting Rights Act of 1965

Legislation outlawing literacy tests and authorizing federal intervention in voter registration.

Marbury v. Madison (1803)

Established judicial review, allowing courts to strike down unconstitutional laws.

McCulloch v. Maryland (1819)

Strengthened federal power via implied powers; states cannot tax the federal bank.

United States v. Lopez (1995)

Limited federal power under the Commerce Clause; gun laws near schools are not a federal power.

Baker v. Carr (1962)

Opened door for "one person, one vote" in redistricting cases.

Shaw v. Reno (1993)

Race can't be the primary factor in redistricting; racial gerrymandering is unconstitutional.

Engel v. Vitale (1962)

School prayer violates the Establishment Clause; separation of church and state in schools.

Wisconsin v. Yoder (1972)

Religious liberty outweighs state interest in education; Amish parents don't have to send kids to school past 8th grade.

Tinker v. Des Moines (1969)

Students retain free speech in schools; protected symbolic speech for students.

New York Times v. United States (1971)

Strengthened freedom of the press; no prior restraint without clear danger.

Schenck v. United States (1919)

Speech creating a clear and present danger is not protected; allowed limits on speech during wartime.

Gideon v. Wainwright (1963)

States must provide attorneys in criminal cases; incorporated right to counsel.

Roe v. Wade (1973)

Women have a right to privacy that includes abortion; legalized abortion nationwide.

McDonald v. Chicago (2010)

2nd Amendment applies to the states; incorporated right to bear arms.

Brown v. Board of Education (1954)

"Separate but equal" is unconstitutional; ended segregation in public education.

Citizens United v. FEC (2010)

Political spending = protected speech; corporations/unions can make unlimited independent expenditures.