Civil Liberties and Civil Rights

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These flashcards cover key terms, definitions, and concepts related to Civil Liberties and Civil Rights as outlined in the lecture notes.

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70 Terms

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Civil Liberties

Fundamental individual rights and freedoms protected from government interference.

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Civil Rights

Constitutional protections against discrimination based on characteristics such as race, religion, and gender.

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The Bill of Rights

The first ten amendments to the U.S. Constitution, ensuring individual liberties and rights.

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SELECTIVE INCORPORATION

The process by which certain rights in the Bill of Rights are applied to the states through the Fourteenth Amendment.

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Barron v. Baltimore (1833)

Supreme Court case that ruled the Bill of Rights only restricts the federal government.

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Engel v. Vitale (1962)

Court case ruling that state-sponsored prayer in public schools violates the Establishment Clause.

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Wisconsin v. Yoder (1972)

Ruling that compelling Amish students to attend school past eighth grade violates the Free Exercise Clause.

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First Amendment

Amendment that protects freedom of religion, speech, press, assembly, and the right to petition the government.

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Establishment Clause

Prohibits the government from establishing an official religion or unduly favoring one religion over another.

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Free Exercise Clause

Prohibits the government from interfering with the practice of religion.

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Schenck v. United States (1919)

Case that established the 'clear and present danger' test for speech restrictions.

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Tinker v. Des Moines (1969)

Supreme Court case affirming students' right to free speech in schools.

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Mapp v. Ohio (1961)

Ruled that evidence obtained through illegal searches is inadmissible in state courts.

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Miranda v. Arizona (1966)

Established the Miranda rights; police must inform suspects of their rights before interrogation.

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Gideon v. Wainwright (1963)

Court ruling that guarantees the right to counsel for defendants who cannot afford an attorney.

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Roe v. Wade (1973)

Supreme Court case that recognized a woman's right to choose to have an abortion as part of the right to privacy.

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Equal Protection Clause

Part of the Fourteenth Amendment that mandates equal treatment under the law.

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Brown v. Board of Education (1954)

Landmark case that declared racial segregation in public schools unconstitutional.

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Affirmative Action

Policies aimed at increasing opportunities for historically excluded groups in education and employment.

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USA Patriot Act

Law enacted after 9/11 that expanded the government's ability to surveil and prevent terrorism.

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Voting Rights Act of 1965

Legislation that prohibited racial discrimination in voting.

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Title IX

Prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

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4th Amendment

Protects against unreasonable searches and seizures.

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5th Amendment

Provides for the rights of individuals in criminal cases, including protection against self-incrimination.

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6th Amendment

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

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8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

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29th Amendment

Denies the government the right to intervene in matters of personal belief and action.

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Due Process Clause

Part of the 14th Amendment that guarantees that no person shall be deprived of life, liberty, or property without due process of law.

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Public Safety Exception

Allows police to interrogate suspects without Miranda warnings if public safety is at stake.

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Voting Rights

The legal rights guaranteeing individuals the ability to participate in the electoral process.

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Civil Rights Movement

Social movements in the 1960s aimed at ending racial discrimination and securing legal equality for African Americans.

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Jim Crow Laws

State and local laws that enforced racial segregation in the Southern United States.

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LGBTQ+ Rights

Legal and social rights aimed at ensuring equality and nondiscrimination based on sexual orientation and gender identity.

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Plessy v. Ferguson (1896)

Supreme Court case that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine.

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Affirmative Action Debate

Discussion on whether programs designed to benefit minorities in education and employment are constitutional.

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Title VII of the Civil Rights Act of 1964

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

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Hernandez v. Texas (1954)

Case that ruled discrimination against Mexican Americans violated the Fourteenth Amendment.

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Civil Rights Act of 1964

Prohibits discrimination based on race, color, religion, sex, or national origin in public accommodations.

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Discrimination

Unjust treatment of different categories of people, often based on race, age, or sex.

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Literacy Tests

Tests used to disenfranchise racial minorities by requiring them to prove reading skills before voting.

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Poll Taxes

Fees required to vote, which disproportionately impacted low-income populations and minorities.

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Grandfather Clause

Law allowing individuals to bypass literacy tests or poll taxes if their grandfathers had been able to vote before the Civil War.

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Voting Restrictions

Laws or practices that limit the ability of certain groups to vote.

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Social Movements

Collective efforts by groups of people to bring about social change.

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Nonviolent Protest

A method of protest against an unjust law that doesn’t involve violence.

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Letter from Birmingham Jail

A document by Martin Luther King Jr. advocating for civil rights through nonviolent means.

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Equal Employment Opportunities

Policies aimed at providing equal chances for employment regardless of race, gender, or status.

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Prisoner's Dilemma

A situation in which two individuals acting in their own self-interests would create a worse outcome than if they cooperated.

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Bureaucracy

The administrative system governing any large institution, including government.

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Majority Rule

A decision-making principle that the majority's preference holds influence over a minority.

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Minority Rights

The rights and protections that individuals in a minority group must enjoy to ensure they are treated equally.

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Checks and Balances

System that ensures no branch of government exceeds its power.

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Constitutional Amendments

Formal changes to the Constitution that require a specific procedure for adoption.

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Judicial Review

The power of courts to examine the constitutionality of legislative acts and executive actions.

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Press Freedom

The right to express opinions without censorship or restraint by the government.

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Quotas

Specific numerical or percentage targets for minority admission or hire.

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Civil Liberties vs Civil Rights

Civil liberties are protections against government, while civil rights involve the government's duty to protect individuals from discrimination.

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Federalism

A system of government in which power is divided between a central authority and various political units.

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Supreme Court Case

Legal action that has been heard and decided by the Supreme Court, setting a precedent for future cases.

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Due Process Rights

Rights ensuring fair treatment through the normal judicial system.

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Social Justice

Justice in terms of the distribution of wealth, opportunities, and privileges within a society.

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Judicial Activism

Judicial philosophy that advocates for proactive judicial intervention in social and political issues.

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Civil Disobedience

The active, nonviolent refusal to comply with unjust laws as a form of protest.

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Constitutional Interpretation

The process by which meanings are assigned to the language of the Constitution.

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Disparate Impact

Policies that affect one group more adversely than another, even when the policy appears neutral.

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Incorporation Doctrine

Legal doctrine that extends the protections of the Bill of Rights against state laws.

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Voting Disenfranchisement

The removal or reduction of the right to vote from individuals or groups.

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Cultural Competency

The ability to understand, communicate with, and effectively interact with people across cultures.

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Public Policy

The principles on which social laws are based.

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Government Regulation

Rules established by government to control how businesses can operate in order to protect public interests.