AP GOV Civil rights and Civil Liberties

Civil liberties

the personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation

civil rights

the government protected rights of individuals against arbitrary or discriminatory treatment

Bill of Rights

the first ten amendments which largely guarantee specific rights and liberties

9th Amendment

part of bill of rights that reads, "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

10th Amendment

part of the Bill of Rights that reiterates powers not delegated to the national government are reserved to the states or to the people

due process clause

clause contained in the 5th and 14th amendments. over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action

substantive due process

judicial interpretation of the 5th and 14th amendments' due process clause that protects citizens from arbitrary or unjust laws

incorporation doctrine

an interpretation of the Constitution that holds that the due process clause of the 14th amendment requires that state and local gov also guarantee those rights

selective incorporation

a judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the 14th amendment

fundamental freedoms

those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny

1st amendment

part of the bill of rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition

establishment clause

the first clause of the 1st amendment, it prohibits the national government from establishing a national religion

free exercise clause

the 2nd clause of the 1st amendment; prohibits gov from interfering with a citizen's right to practice his or her religion. Still, some forms of actual exercise of religion can be regulated

prior restraint

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the 1st amendment

writ of habeas corpus

a court order in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them

Clear and present danger test

test articulated by the Supreme Court in Schenck v US to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create clear and present danger that will bring about substantive evils" that Congress seeks "to prevent"

Direct Incitement Test

a test articulated by the Supreme Court in Brandenburg v Ohio that holds that advocacy of illegal action is protected by the 1st am. unless imminent lawless action is intended and likely to occur

symbolic speech

symbols, signs, and other methods of expression generally also considered to be protected by 1st am.

libel

false written statements or written statements tending to call someone's reputation into disrepute

slander

untrue spoken statements that defame the character of a person

New York Times v Sullivan (1964)

supreme court concluded that "actual malice" must be proved to support a finding of libel against a public figure

fighting words

words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of 1st amendment

due process rights

procedural guarantees provided by the 4th, 5th, 6th, and 8th amendments for those accused of crimes

4th Amendment

part of Bill of Rights that reads: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

5th Amendment

part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self incrimination, an d prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without fair compensation

Miranda v Arizona (1966)

a landmark Supreme Court ruling that held the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present

Miranda rights

statements that must be made by the police informing a suspect of his or her constitutional rights protected by the 5th Amendment, including the right to an attorney provided by the Court if the suspect cannot afford one

double jeopardy clause

part of the 5th amendment that protects individuals from being tried twice for the same offense

exclusionary rule

judicially created rule that prohibits police from using illegally obtained evidence at a trial

6th Amendment

Part of Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses and the right to counsel

8th Amendment

Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted

Right to Privacy

the right to be let alone; a judicially created doctrine encompassing an individual's decision to use birth control or secure an abortion

Roe v Wade (1973)

SC found that a woman's right to abortion is protected by the right to privacy that could be implied form the specific guarantees found in the Bill of Rights applied to the states through the 14th amendment

Civil Rights (2)

refers to the government protected rights of individuals against arbitrary or discriminatory treatment by gov or other individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation

13th Amendment

one of the three Civil War Amendments; specifically bans slavery in the United States

Black Codes

laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War

14th amendment

one of the 3 civil war amendments; guarantees equal protection and due process of the laws to all US citizens

15th Amendment

one of the three civil war amendments; specifically enfranchised newly freed male slaves

Jim Crow Laws

laws enacted by southern states that discriminated against blacks by creating "whites only" schools, theaters, hotels, and other public accommodations

Civil Rights Cases (1883)

name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination

poll tax

a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot

grandfather clause

voting qualification provision in many southern states that allowed only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy tests

Plessy v Ferguson

Plessy challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The Court found that separate but equal accommodations did not violate the equal protection clause of the 14th amendment

Suffrage movement

drive for voting rights for women that took place in the United States from 1890 to 1920

19th Amendment

amendment to the Constitution that guaranteed women the right to vote

Brown v Board of Education (1954)

US Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the 14th amendment's guarantee of equal protection; marked the end of legal segregation in the US

Equal protection clause

section of the 14th amendment that guarantees that all citizens receive "equal protection of the laws"

Civil Rights Act of 1964

legislation passed by Congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission

De Jure Discrimination

racial segregation that is a direct result of law or official policy

De Facto Discrimination

racial discrimination that results from practice (such as housing patterns or other social or institutional, non-governmental factors) rather than the law

Equal Employment Opportunity Commission

Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion or firing

Equal Rights Amendment

Proposed amendment that would bar discrimination against women by federal or state governments

Suspect Classification

category or class, such as race, that triggers the highest standard of scrutiny from the supreme Court

strict scrutiny

A heightened standard of review used by the SC to determine the constitutional validity of a challenged practice

Title IX

Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funding from discriminating against female students

Affirmative Action

policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group