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Bill of Rights
Guarantee liberties and rights of the people.
Civil liberties
Those personal freedoms protected from arbitrary governmental interference or deprivations by constitutional gurantee
civil rights
guarantees of equal social opportunities and equal protection under the law, regardless of race, religion, or other personal characteristics
individual liberty
the constitutionally protected freedoms and rights of individuals against arbitrary government interference, encompassing basic freedoms like speech, religion, and the right to due process
infringement
a violation or encroachment upon individual rights or liberties by governmental authorities
constitutional provision
a specific clause or section within the U.S. Constitution that addresses and protects individual rights and liberties, like those outlined in the Bill of Rights
arbitrary
actions or decisions made without regard for reason, fairness, or established rules, often based on whim or personal preference
First amendment
Freedom of religion, speech, press, assembly and petition
establishment clause
congress shall make no law respecting an establishment of religion (1st amendment)
free exercise clause
Prevents governments from stopping religious practices (1st amendment)
wall of separation
Separates state and church
secular
the separation of government and religion
majoritarian
a political theory emphasizing that the preferences of the majority should dominate and guide governance, with the idea that the greatest good for the greatest number should be the primary focus of political action.Â
engel v. vitale
School-sponsored prayer violates the establishment clause (1st amendment)
wiscosin v. yoder
requirements that Amish students attend schools past the eighth grade violate the free exercise clause (1st amendment)
compelling state interest
a government purpose so important that it outweighs an individual's constitutional rights, justifying limitations on those rights
tinker v. des moines
Students in public schools are allowed to wear armbands as symbolic speech (1st amendment)
symbolic speech
nonverbal actions that convey a specific message or idea, and are generally protected under the First Amendment as a form of expression
social order
the stable state of society where existing social structures and institutions are accepted and maintained by its members
time, place and manner
regulations that the government can impose on the exercise of First Amendment rights, particularly regarding assembly and free speech, without infringing on those rights
regulations
rules or standards established by the government, particularly those related to how laws are interpreted and applied, or how people's rights and freedoms are protected or limited
defamation
the communication of a false statement that harms the reputation of an individual, business, product, group, or government
libel
a written defamation of another person, meaning a false statement that damages their reputation
slander
defamation that is spoken, or harming someone's reputation by making false statements aloud
obscenity
content considered offensive or indecent, typically involving depictions of sexual acts or nudity, that violates community standards and is not protected by the First Amendment
hate speech
any form of communication that attacks or discriminates against a person or group based on attributes like race, religion, ethnicity, sexual orientation, disability, or gender, often raising questions about the First Amendment and its protections
schench v. united states
Speech representing “a clear and present danger” is not protected (1st amendment)
“clear and present danger” test
allows the government to restrict speech if it poses an immediate threat of causing harm or illegal acts
New york times co. v. united states
The government cannot exercise prior restraint of the press (forbid publication ahead of time)(1st amendment)
prior restraint
government censorship of speech or expression before it occurs
National security
the protection and defense of a nation's sovereignty, territorial integrity, and interests against external and internal threats, encompassing military, economic, and diplomatic dimensions
second amendment
Right to bear arms
right to keep and bear arms
the legal right, guaranteed by the Second Amendment, for individuals to possess and carry weapons, primarily firearms, for personal defense and other lawful purposes
fourth amendment
Protection from unlawful searches and seizures
patriot act
expanding federal law enforcement powers to combat terrorism, including surveillance and detention, while also sparking debate on the balance between national security and civil liberties
USA freedom act
ended the bulk collection of phone records under the Patriot Act, requiring targeted collection with judicial approval, and aimed to strengthen privacy protections while maintaining national security authorities
telecommunication metadata
a piece of legislation that restricts the government's ability to collect and store bulk data about citizens' communications, aiming to protect civil liberties and privacy
eighth amendment
Prevents rule an unusual punishments and excessive bail
cruel and unusual punishment
penalties deemed inhumane, degrading, or excessively harsh, prohibited by the Eighth Amendment of the U.S. Constitution
death penalty
the state-sanctioned execution of an individual as punishment for a crime, raising significant legal and ethical questions, especially regarding its constitutional application
selective incorporation
the legal doctrine where the Supreme Court, on a case-by-case basis, applies specific protections from the Bill of Rights to state governments through the Fourteenth Amendment's Due Process Clause, ensuring fundamental rights are protected from state infringement
McDonald v. Chicago
the right to keep and bear arms for self defense in one’s home applies to the states. (2nd amendment)
Fourteenth amendment
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
fifth amendment
protects individuals from self-incrimination, guarantees due process, and prevents double jeopardy, ensuring fair legal procedures and protecting individual liberties
sixth amendment
guarantees the rights of the accused in criminal prosecutions, including the right to a speedy and public trial, an impartial jury, legal counsel, and the right to confront witnesses
Miranda rule
requires law enforcement to inform suspects of their constitutional rights, including the right to remain silent and the right to an attorney, before custodial interrogation, to protect against self-incrimination
Gideon v. Wainwright
States must provide poor defendants with an attorney to guarantee a fair trial (sixth amendment)
due process rights
no person can be deprived of life, liberty, or property without fair legal procedures and that the government must respect all legal rights owed to a person
public safety exception
allows law enforcement to question a suspect without providing Miranda warnings if there's a reasonable need to protect the public or themselves from immediate danger
right to counsel
the constitutional guarantee, rooted in the Sixth Amendment, that individuals accused of a crime have the right to legal representation, including a state-provided attorney if they cannot afford one
speedy and public trial
the Sixth Amendment right guaranteeing that in all criminal prosecutions, the accused has the right to a trial that occurs without undue delay and is open to the public
impartial jury
a group of jurors who are unbiased and fair, ensuring the accused receives a fair trial, as guaranteed by the Sixth Amendment
exclusionary rule
a legal principle that prevents evidence obtained through illegal searches and seizures (violating the Fourth Amendment) from being used in court against a defendant
writ of habeas corpus
a court order requiring a person holding another in custody to bring the detainee before the court to determine if the detention is lawful
unwarned interrogation
questioning a suspect by law enforcement without first informing them of their Miranda rights
unreasonable search and seizure
a violation of the Fourth Amendment, which protects individuals from government intrusion into their privacy by requiring warrants based on probable cause before searches and seizures can occur
search warrant
a legal document, issued by a judge or magistrate, that authorizes law enforcement to search a specific location for evidence related to a crime, requiring sufficient evidence or probable cause to believe that evidence will be found
right to privacy
protects individuals from unwarranted government intrusion into their personal and private lives
roe v. wade
The right of privacy extends to woman’s decision to have an abortion, through the state has a legitimate interest in protecting the unborn after a certain point and protecting a mothers health. (1st,3rd,4th,5th, and 9th amendment)
due process clause
found in the Fifth and Fourteenth Amendments, guarantees that the government cannot deprive individuals of life, liberty, or property without following fair and just procedures
equal protection clause
part of the Fourteenth Amendment, mandates that states must treat all individuals within their jurisdiction equally under the law, preventing discrimination
social movement
an organized effort to change laws, policies, or practices by people who do not have the power to effect change through conventional channels
“letter from a Birmingham jail”
a foundational document where Martin Luther King Jr. argues for the necessity of nonviolent direct action to combat injustice and segregation, emphasizing the moral responsibility to disobey unjust laws
civil rights movement
the social and political movement in the 1950s and 1960s that aimed to end racial discrimination and achieve equal rights for African Americans, leading to significant legislative and social changes
women’s rights movement
the social and political efforts advocating for equal rights and opportunities for women, particularly focusing on issues like suffrage, employment, reproductive rights, and legal equality
national organization for women (NOW)
a group of people focused on the common goal of achieving gender equality in social, political, and economic issues
pro life movement
a movement that opposes abortion and advocates for the protection of fetuses, arguing that human life begins at conception and therefore has a right to life
pro choice movement
the advocacy for a woman's right to choose whether or not to have an abortion, emphasizing reproductive autonomy and access to legal abortion services
citizen state interactions
the various ways citizens engage with their state government, including participating in elections, advocating for policies, and interacting with government agencies
brown v. board of education
the Court ruled that racial segregation in public schools was unconstitutional, overturning the "separate but equal" doctrine established in Plessy v. Ferguson
the civil rights act of 1964
landmark legislation that prohibits discrimination based on race, color, religion, sex, or national origin in various aspects of public life, including employment, education, and access to public accommodations
title IX of the education amendments act of 1972
a federal law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance, ensuring equal opportunities for both males and females in all aspects of education
the voting rights act of 1965
Empowered Congress and the federal government to oversee state elections in southern states.
supreme court holding
the final, binding decision or ruling on a legal issue reached by the Court, establishing a new "rule of the case" that will be followed in future similar cases
“separate but equal” doctrine
Plessy v. Ferguson (1896), allowed racial segregation in public facilities as long as facilities for different races were considered equal, despite violating the Fourteenth Amendment's Equal Protection Clause
affirmative action
policies and programs designed to promote equal opportunity and diversity in education and employment, often giving special consideration to historically underrepresented groups to address past discrimination
racial classification
the categorization of people based on perceived physical characteristics like skin color, hair texture, and facial features