Civil Liberties and Civil Rights

These flashcards cover important terms and concepts related to civil liberties, civil rights, significant court cases, and constitutional amendments.

Civil Liberties

Freedoms protected from government interference, like freedom of speech and religion.

Civil Rights

Protections against discrimination; ensures equal treatment under the law.

Selective Incorporation

The process by which the Bill of Rights is applied to the states using the 14th Amendment's Due Process Clause.

First Amendment

Protects freedoms of religion, speech, press, assembly, and petition.

Schenck v. U.S. (1919)

Ruled that speech creating a 'clear and present danger' is not protected by the First Amendment.

Tinker v. Des Moines (1969)

Upheld students’ right to symbolic speech in schools (black armbands protesting Vietnam War).

Prior Restraint

Government action preventing material from being published; generally unconstitutional.

New York Times v. U.S. (1971)

Limited prior restraint; allowed publication of the Pentagon Papers.

Establishment Clause

Prohibits the government from establishing a national religion.

Lemon Test

Three-part test from Lemon v. Kurtzman to determine if government action violates the Establishment Clause.

Engel v. Vitale (1962)

Ruled school-sponsored prayer unconstitutional under the Establishment Clause.

Second Amendment

Protects the right to keep and bear arms.

McDonald v. Chicago (2010)

Incorporated the Second Amendment to apply to the states.

U.S. v. Lopez (1995)

Ruled Congress overstepped its Commerce Clause power by banning guns in school zones.

Third Amendment

Prohibits forced quartering of soldiers in private homes during peacetime.

Fourth Amendment

Protects against unreasonable searches and seizures; requires warrants based on probable cause.

Due Process Clause

Part of the 14th Amendment; prohibits states from depriving life, liberty, or property without due process.

Equal Protection Clause

Part of the 14th Amendment; requires states to treat individuals equally under the law.

Probable Cause

Reasonable grounds for making a search, pressing a charge, or making an arrest.

Fifth Amendment

Protects against self-incrimination, double jeopardy, and guarantees due process.

Gideon v. Wainwright (1963)

Ruled that states must provide legal counsel to defendants who can’t afford one in criminal cases.

Sixth Amendment

Guarantees the right to a fair and speedy trial, an impartial jury, and legal counsel.

Seventh Amendment

Guarantees a jury trial in most civil cases.

Eighth Amendment

Prohibits cruel and unusual punishment and excessive bail/fines.

Ninth Amendment

States that rights not specifically listed in the Constitution are still retained by the people.

Tenth Amendment

Reserves powers not delegated to the federal government to the states or the people.

Civil Disobedience

Peaceful protest against unjust laws, often used in civil rights movements.

Plessy v. Ferguson (1896)

Upheld 'separate but equal' segregation laws.

Brown v. Board of Education (1954)

Overturned Plessy; ruled segregation in public schools unconstitutional.

Civil Rights Act (1964)

Banned discrimination based on race, color, religion, sex, or national origin in public places and employment.

Voting Rights Act (1965)

Banned literacy tests and other practices that suppressed voting, especially among African Americans.

Affirmative Action

Policies that favor groups historically discriminated against, often in education and employment.

Wisconsin v. Yoder (1972)

Ruled that Amish families could not be forced to send children to school past 8th grade, citing religious freedom.