unit 6 american gov gsu

civil liberties

protections FROM government actions; limits what government can do.

civil rights

protections against discrimination by government and private actors.

incorporation

process of applying Bill of Rights to states through 14th Amendment.

selective incorporation

gradual process where Supreme Court applies rights one by one to states.

Due Process Clause (14th Amendment)

constitutional basis used to apply Bill of Rights to states.

unenumerated rights

rights not explicitly written in Constitution (like privacy).

state action doctrine

Constitution only applies to government actions, not private behavior.

Establishment Clause

prohibits government from creating or supporting religion.

Free Exercise Clause

protects individuals’ ability to practice religion freely.

Sherbert Test

test for religious freedom cases requiring strict scrutiny.

strict scrutiny

highest level of review; law must serve compelling interest and be narrowly tailored.

content-based restriction

law limiting speech based on message; usually unconstitutional.

time, place, manner restriction

speech limits that regulate when/where/how speech occurs.

obscenity

unprotected speech under First Amendment.

fighting words

speech likely to cause immediate violence; not protected.

libel

false written statements harming reputation.

slander

false spoken statements harming reputation.

Brandenburg test

speech is unprotected if it incites imminent lawless action.

Second Amendment

right to keep and bear arms.

McDonald v. Chicago

case incorporating Second Amendment to states.

individual rights view

gun ownership is an individual right (self-defense).

collective rights view

Second Amendment tied to militia service.

Fourth Amendment

protection against unreasonable searches and seizures.

exclusionary rule

illegally obtained evidence cannot be used in court.

Fifth Amendment

protects against self-incrimination.

Miranda rights

rights read to suspects before police questioning.

Sixth Amendment

right to a fair and speedy trial.

Eighth Amendment

bans cruel and unusual punishment.

Gideon v. Wainwright

right to attorney in criminal cases.

Dobbs v. Jackson

overturned Roe v. Wade; abortion decisions returned to states.

Roe v. Wade (1973)

established constitutional right to abortion (later overturned).

Lawrence v. Texas

struck down sodomy laws; protected same-sex intimacy.

Obergefell v. Hodges

legalized same-sex marriage nationwide.

civil rights

voting, equality, and anti-discrimination protections.

public discrimination

discrimination by government.

private discrimination

discrimination by individuals or businesses.

public accommodations

privately owned businesses serving public (restaurants, hotels).

strict scrutiny (civil rights)

race/religion cases; law must be narrowly tailored to compelling interest.

intermediate scrutiny

sex/gender cases; must be substantially related to important interest.

rational basis

lowest standard; law valid if rationally related to legitimate interest.

Jim Crow

system of racial segregation and disenfranchisement in the South.

Plessy v. Ferguson

established 'separate but equal' doctrine.

Brown v. Board of Education

overturned segregation in public schools.

Civil Rights Act of 1964

banned discrimination in public accommodations and employment.

Voting Rights Act of 1965

banned voter suppression like literacy tests.

Fair Housing Act of 1968

banned housing discrimination.

literacy tests

voter suppression tool in Jim Crow South.

poll taxes

fees used to prevent Black voting.

white primaries

primary elections excluding Black voters.

convict leasing system

leasing prisoners for forced labor.

peonage

debt-based forced labor system.

lynching

extrajudicial killing used to enforce racial control.

Ku Klux Klan

white supremacist group using terror to enforce Jim Crow.

Atlanta Race Riot of 1906

violence killing Black residents and destroying businesses.

NAACP

civil rights organization using legal challenges against segregation.

affirmative action

policies increasing opportunities for historically discriminated groups.

reparations

compensation for historical racial injustices.

strict scrutiny (race)

applies to race and religion; hardest standard to meet.

intermediate scrutiny (gender)

applies to sex discrimination.

rational basis (other groups)

applies to age, disability, economic status.

patriarchy

system of male dominance in society.

coverture

old legal doctrine where married women had no separate legal identity.

Title IX

bans sex discrimination in education.

Equal Pay Act

law requiring equal pay for equal work.

LGBTQ+

lesbian, gay, bisexual, transgender, queer/questioning.

heteronormativity

assumption heterosexuality is the norm.

homophobia

discrimination against LGBTQ+ people.

transgender

gender identity differs from sex assigned at birth.

cisgender

gender identity matches sex assigned at birth.