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This set of flashcards covers key terms and concepts in U.S. government and politics related to civil liberties and civil rights, as outlined in the lecture notes.
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Judicial Review
The Supreme Court’s power to determine the constitutionality of a congressional law, executive action, or state law.
Precedent
A principle or rule established in a previous legal case relevant to a court when deciding subsequent cases.
Stare Decisis
The legal doctrine under which courts follow legal precedents when deciding cases with similar facts.
Jurisdiction
Legal authority delegated to the federal courts to rule on cases and controversies.
Original Jurisdiction
The power of a court to hear a case for the first time.
Appellate Jurisdiction
The power of a court to hear a case that has already been heard and decided by a lower court.
Judicial Activism
Asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts.
Judicial Restraint
Asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.
Civil Liberties
Constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference.
Civil Rights
Protect individuals from discrimination based on characteristics such as race, national origin, religion, and sex.
Establishment Clause
Prohibits the establishment of an official religion by the government.
Free Exercise Clause
Guarantees freedom of conscience and prohibits the government from interfering in religious belief.
Clear and Present Danger
Speech can be limited when it is shown to present a danger to public safety.
Selective Incorporation
Doctrine that imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states.
Due Process
The government may not infringe on a person’s right to life, liberty, or property without due process of law.
Public Safety Exception
Allows unwarned interrogation to stand as direct evidence in court.
Exclusionary Rule
Evidence illegally seized by law enforcement officers cannot be used against a suspect in criminal prosecution.
Unenumerated Rights
Recognized constitutionally protected rights that are not explicitly listed in the Bill of Rights.
Roe v. Wade
The Supreme Court held that the application of substantive due process further extended the privacy right to abortion.
Civil Rights Act of 1964
Prohibits discrimination in public places and makes employment discrimination illegal.
Affirmative Action
Policies intended to address workplace and educational disparities related to race, ethnicity, gender, disability, and age.
Title IX of the Education Amendments Act of 1972
Prohibits sex discrimination in any education program or activity receiving federal financial assistance.