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Last updated 2:47 AM on 2/9/25
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53 Terms

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Civil Rights Act of 1964

Prohibits discrimination on the basis of race, color, religion, sex, or national origin.

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Voting Rights Act of 1965

Prohibited racial discrimination in voting, including banning literacy tests.

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Selective Incorporation

Application of the due process clause of the Fourteenth Amendment to expand protections within the Bill of Rights to state laws/actions.

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Title IX

Prevents sex-based discrimination in federally funded education programs and activities.

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Affirmative Action

Policies that seek to improve opportunities for underrepresented groups.

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Schenck v. United States (1919)

Established the 'clear and present danger' test for speech that creates a risk of public harm.

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Brown v. Board of Education (1954)

Declared school segregation unconstitutional under the equal protection clause of the Fourteenth Amendment.

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New York Times v. US (1971)

Maintained freedom of the press and ruled against prior restraint in the case of the Pentagon Papers.

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Gideon v. Wainwright (1963)

Held that the Sixth Amendment guarantees the right to counsel for criminal defendants.

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Roe v. Wade (1973)

Recognized a woman's right to privacy under the 14th Amendment to have an abortion.

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Tinker v. Des Moines (1969)

Affirmed the right to free expression for students in schools.

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Wisconsin v. Yoder (1972)

Ruled that Amish children could not be forced to attend school past eighth grade due to free exercise rights.

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Engle v. Vitale (1962)

Ruled that voluntary school prayer violates the Establishment Clause of the First Amendment.

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Mapp v. Ohio (1961)

Established the exclusionary rule, preventing illegally obtained evidence from being used in court.

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Miranda v. Arizona (1966)

Set the requirement for law enforcement to inform individuals of their rights during an arrest.

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California v. Bakke (1978)

Ruled that racial quotas in college admissions violate the Equal Protection Clause of the Fourteenth Amendment.

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Lemon v. Kurtzman (1971)

Established the Lemon test for legislation concerning religion's establishment clause.

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Griswold v. Connecticut (1965)

Held that the Constitution protects the right to privacy, including the right to use contraceptives.

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Establishment Clause

First Amendment provision prohibiting the government from establishing a religion.

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Free Exercise Clause

First Amendment provision protecting individuals' rights to practice their religion.

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First Amendment

Guarantees freedoms concerning religion, expression, assembly, and the right to petition.

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Second Amendment

Protects the right to keep and bear arms.

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Fourth Amendment

Protects against unreasonable searches and seizures, requiring a warrant based on probable cause.

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Fifth Amendment

Provides for grand jury, protection against double jeopardy and self-incrimination, and guarantees due process.

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Sixth Amendment

Guarantees rights related to criminal prosecutions, including the right to a fair trial.

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Eighth Amendment

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

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Clear and Present Danger Test

A legal standard for determining when speech can be limited.

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Federalism

System of government in which power is divided between a central government and regional governments.

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Dual Federalism

A model of federalism in which state and federal governments operate independently within their own spheres of authority.

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Cooperative Federalism

A model of federalism that emphasizes collaboration between state and federal governments.

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Enumerated Powers

Powers specifically granted to Congress by the Constitution.

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Implied Powers

Powers not explicitly stated in the Constitution but inferred from the necessary and proper clause.

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Reserved Powers

Powers that are not specifically granted to the federal government and are reserved for the states.

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Concurrent Powers

Powers that both federal and state governments can exercise.

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Judicial Restraint

Judicial philosophy that posits courts should uphold past precedents and avoid overturning laws.

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Judicial Activism

Judicial philosophy that advocates for judicial rulings that create change in law or policy.

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Stare Decisis

The legal principle of determining points in litigation according to precedent.

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Baker v. Carr (1962)

Established the principle of 'one person, one vote' for redistricting.

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Shaw v. Reno (1993)

Ruled that racial gerrymandering is unconstitutional and must meet strict scrutiny.

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Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

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Checks and Balances

System that ensures that no one branch of government becomes too powerful.

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Federalist #10

Essay by James Madison arguing for the importance of controlling factions in a large republic.

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Federalist #51

Essay by James Madison that discusses the importance of separation of powers and checks and balances.

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Pocket Veto

Special veto exercised by the president by not signing or rejecting a bill when Congress adjourns.

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Informal Powers of the President

Powers not specifically granted by the Constitution, such as executive orders or agreements.

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Formal Powers of the President

Clearly outlined powers granted to the president by the Constitution.

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Trustee Model

The representative model where an elected official acts on behalf of the constituents' interests, even if it diverges from their immediate wishes.

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Delegate Model

A representative model where elected officials act in accordance with the preferences of their constituents.

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Politico Model

A hybrid model of representation where officials act as delegates on some issues and as trustees on others.

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Elitist Theory

A political theory where a small group of elites hold the majority of power.

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Hyperpluralism

A theory of government and politics contending that groups are so strong that government is weakened.

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Civil Service

Body of non-elected government employees hired based on merit.

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War Powers Restrictions

Limits the president's ability to send troops without congressional approval.

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