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Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, religion, sex, or national origin.
Voting Rights Act of 1965
Prohibited racial discrimination in voting, including banning literacy tests.
Selective Incorporation
Application of the due process clause of the Fourteenth Amendment to expand protections within the Bill of Rights to state laws/actions.
Title IX
Prevents sex-based discrimination in federally funded education programs and activities.
Affirmative Action
Policies that seek to improve opportunities for underrepresented groups.
Schenck v. United States (1919)
Established the 'clear and present danger' test for speech that creates a risk of public harm.
Brown v. Board of Education (1954)
Declared school segregation unconstitutional under the equal protection clause of the Fourteenth Amendment.
New York Times v. US (1971)
Maintained freedom of the press and ruled against prior restraint in the case of the Pentagon Papers.
Gideon v. Wainwright (1963)
Held that the Sixth Amendment guarantees the right to counsel for criminal defendants.
Roe v. Wade (1973)
Recognized a woman's right to privacy under the 14th Amendment to have an abortion.
Tinker v. Des Moines (1969)
Affirmed the right to free expression for students in schools.
Wisconsin v. Yoder (1972)
Ruled that Amish children could not be forced to attend school past eighth grade due to free exercise rights.
Engle v. Vitale (1962)
Ruled that voluntary school prayer violates the Establishment Clause of the First Amendment.
Mapp v. Ohio (1961)
Established the exclusionary rule, preventing illegally obtained evidence from being used in court.
Miranda v. Arizona (1966)
Set the requirement for law enforcement to inform individuals of their rights during an arrest.
California v. Bakke (1978)
Ruled that racial quotas in college admissions violate the Equal Protection Clause of the Fourteenth Amendment.
Lemon v. Kurtzman (1971)
Established the Lemon test for legislation concerning religion's establishment clause.
Griswold v. Connecticut (1965)
Held that the Constitution protects the right to privacy, including the right to use contraceptives.
Establishment Clause
First Amendment provision prohibiting the government from establishing a religion.
Free Exercise Clause
First Amendment provision protecting individuals' rights to practice their religion.
First Amendment
Guarantees freedoms concerning religion, expression, assembly, and the right to petition.
Second Amendment
Protects the right to keep and bear arms.
Fourth Amendment
Protects against unreasonable searches and seizures, requiring a warrant based on probable cause.
Fifth Amendment
Provides for grand jury, protection against double jeopardy and self-incrimination, and guarantees due process.
Sixth Amendment
Guarantees rights related to criminal prosecutions, including the right to a fair trial.
Eighth Amendment
Prohibits excessive bail, excessive fines, and cruel and unusual punishments.
Clear and Present Danger Test
A legal standard for determining when speech can be limited.
Federalism
System of government in which power is divided between a central government and regional governments.
Dual Federalism
A model of federalism in which state and federal governments operate independently within their own spheres of authority.
Cooperative Federalism
A model of federalism that emphasizes collaboration between state and federal governments.
Enumerated Powers
Powers specifically granted to Congress by the Constitution.
Implied Powers
Powers not explicitly stated in the Constitution but inferred from the necessary and proper clause.
Reserved Powers
Powers that are not specifically granted to the federal government and are reserved for the states.
Concurrent Powers
Powers that both federal and state governments can exercise.
Judicial Restraint
Judicial philosophy that posits courts should uphold past precedents and avoid overturning laws.
Judicial Activism
Judicial philosophy that advocates for judicial rulings that create change in law or policy.
Stare Decisis
The legal principle of determining points in litigation according to precedent.
Baker v. Carr (1962)
Established the principle of 'one person, one vote' for redistricting.
Shaw v. Reno (1993)
Ruled that racial gerrymandering is unconstitutional and must meet strict scrutiny.
Separation of Powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
Checks and Balances
System that ensures that no one branch of government becomes too powerful.
Federalist #10
Essay by James Madison arguing for the importance of controlling factions in a large republic.
Federalist #51
Essay by James Madison that discusses the importance of separation of powers and checks and balances.
Pocket Veto
Special veto exercised by the president by not signing or rejecting a bill when Congress adjourns.
Informal Powers of the President
Powers not specifically granted by the Constitution, such as executive orders or agreements.
Formal Powers of the President
Clearly outlined powers granted to the president by the Constitution.
Trustee Model
The representative model where an elected official acts on behalf of the constituents' interests, even if it diverges from their immediate wishes.
Delegate Model
A representative model where elected officials act in accordance with the preferences of their constituents.
Politico Model
A hybrid model of representation where officials act as delegates on some issues and as trustees on others.
Elitist Theory
A political theory where a small group of elites hold the majority of power.
Hyperpluralism
A theory of government and politics contending that groups are so strong that government is weakened.
Civil Service
Body of non-elected government employees hired based on merit.
War Powers Restrictions
Limits the president's ability to send troops without congressional approval.