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Judicial Review
A process that allows a higher authority to determine whether a law or government action follows constitutional principles This power was solidified in a landmark case that established a court's ability to nullify unconstitutional laws
Civil Rights vs Civil Liberties
One protects individuals from discrimination, ensuring equal treatment under the law, while the other guarantees freedoms that protect individuals from government overreach Examples include protections against unfair treatment in voting and education, as well as freedoms related to speech, religion, and privacy
14th Amendment
A constitutional addition that contains two key clauses One prevents state governments from depriving individuals of life, liberty, or property without fair legal procedures, while the other requires states to apply laws equally to all people This has played a major role in significant legal decisions regarding civil rights and individual freedoms
Civil War Amendments (13th, 14th, 15th)
A set of changes to the Constitution that expanded rights following a major conflict One abolished a long-standing institution, another granted citizenship and legal protections, and the last prohibited voting discrimination based on race Despite these changes, barriers to exercising these rights persisted for many years
24th Amendment
A constitutional change that eliminated a financial requirement used to prevent certain groups from participating in elections This practice was widely used to suppress voter turnout in specific regions
1st Amendment
A section of the Constitution that guarantees five essential freedoms These include the ability to express opinions without government interference, the right to gather peacefully, and protections against government-imposed religious practices Legal interpretations have determined the limits of these protections, particularly in cases involving national security and public order
Selective Incorporation
A legal doctrine used to apply certain protections to state governments over time through judicial decisions This process relies on an amendment that prevents states from infringing upon fundamental rights It was first used in a case that extended freedom of speech protections beyond federal jurisdiction
Barron v Baltimore
A legal decision that determined certain protections only applied to actions taken by the federal government and not state governments This interpretation was later changed through a gradual legal process that expanded individual rights at the state level
Civil Rights Movement Policy Progression (Dred Scott → Swann)
A series of legal and legislative milestones that shaped equal protection policies One ruling declared that a specific group had no legal standing Another upheld racial separation under the "separate but equal" doctrine before a later case overturned this precedent Further legal actions addressed school integration and the use of transportation to correct racial imbalances
Brown v Board of Education
A Supreme Court decision that overturned an earlier legal standard by ruling that separating individuals in educational settings based on race violated constitutional protections This ruling became a major victory for a social movement pushing for equal rights
Segregation
A practice that results in the physical separation of groups based on specific characteristics One form is enforced by law, while another occurs due to societal and economic factors without direct legal enforcement
Affirmative Action
A set of policies designed to increase opportunities for historically disadvantaged groups, particularly in education and employment A major legal case determined that strict numerical requirements were unconstitutional but allowed the consideration of certain factors in decision-making
Feminist Movement Achievements
A series of legal and social advancements that expanded rights and opportunities for a particular group These include securing the right to vote, ensuring equal access to educational programs, and legal decisions affecting reproductive rights
Gay Rights Cases and Policies
A collection of legal rulings and policies affecting a specific community One decision upheld an organization's right to exclude certain individuals, while another struck down laws criminalizing private behavior Additionally, a military policy prevented individuals from openly identifying a certain way while serving, until it was repealed
Civil Rights Act of 1964
A legislative measure that banned discrimination in public spaces, workplaces, and federally funded programs based on certain characteristics It also strengthened protections in elections and addressed segregation in schools
Voting Rights Act of 1965
A law designed to remove barriers that prevented certain groups from participating in elections It eliminated unfair testing requirements and allowed federal oversight in areas with a history of voter suppression
Letter from a Birmingham Jail
A written response to critics that justified a particular form of protest The author argued that people have a moral obligation to challenge unjust laws and criticized moderate individuals for failing to support necessary changes
Federalist 78
A written argument in favor of a particular government institution The author described it as the "least dangerous" branch and supported lifetime positions to ensure independence from political pressures
Supreme Court Eras
Different periods in judicial history characterized by shifts in legal philosophy One era strengthened national authority through landmark rulings, another expanded individual freedoms, and later periods saw decisions that both advanced and limited rights
Exclusionary Rule
A legal principle that prevents certain evidence from being used in trials if it was obtained improperly This rule was established in a case involving an illegal search and seizure
Chief Justice Role
A position responsible for leading a group of decision-makers This role includes assigning written opinions when in the majority and presiding over special government proceedings
Senate’s Role in Judicial Appointments
A constitutional duty involving the review and approval of specific nominations This process often becomes politically contentious, particularly when ideological control of an institution is at stake
Judicial Restraint vs Judicial Activism
Two competing judicial philosophies One argues that courts should defer to elected officials unless a clear constitutional violation exists, while the other suggests courts should take a more active role in shaping policy and protecting rights
Life Tenure for Justices
A practice intended to maintain independence by preventing external pressures from influencing decisions This structure ensures that individuals in a particular role do not need to seek reappointment or reelection