Judiciary and Civil Rights/Liberties Study Guide

A set of 83 flashcards covering key vocabulary terms and Supreme Court cases related to the judiciary and civil rights/liberties.

Supremacy Clause

Establishes that federal law takes precedence over state laws.

Commerce Clause

Grants Congress the power to regulate commerce with foreign nations and among the states.

Necessary & Proper Clause

Allows Congress to make laws that are necessary and proper to carry out its powers.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects citizens' rights to practice their religion as they wish.

Freedom of Speech Clause

Guarantees the right to express opinions without censorship or restraint.

Due Process Clause (14th)

Prohibits states from depriving any person of life, liberty, or property without due process of law.

Equal Protection Clause (14th)

Requires states to provide equal protection under the law to all people.

Full Faith & Credit Clause

Requires states to recognize the public acts, records, and judicial proceedings of other states.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Separation of Powers

The division of government responsibilities into distinct branches.

Checks & Balances

A system that ensures that no branch of government becomes too powerful.

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

Judicial Independence

The concept that the judiciary should be independent from other branches of government.

Judicial Supremacy

The principle that Supreme Court decisions take precedence over laws.

Stare Decisis

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

Articles of Confederation

The original constitution of the U.S., which was replaced by the U.S. Constitution.

U.S. Constitution

The supreme law of the United States, establishing the framework of government.

Unicameral Legislature

A legislature with a single legislative chamber.

Bicameral Legislature

A legislature with two chambers, typically a lower house and an upper house.

Judicial Activism

Judicial philosophy that advocates for judicial rulings based on personal or political considerations.

Judicial Restraint

Judicial philosophy that encourages courts to limit their own power.

Advice & Consent

The constitutional requirement that the Senate approve certain presidential appointments.

Oral Arguments

Verbal presentations made before a court by attorneys representing parties in a case.

Writ of Certiorari

A document issued by the Supreme Court to review a lower court's decision.

Binding Precedent

Legal decisions that must be followed by lower courts in future cases.

Persuasive Precedent

Legal decisions from other jurisdictions that may influence a court's decision.

Constitutional Amendments

Official changes or additions to the Constitution.

Presidential Non-Enforcement

A president's refusal to enforce certain laws.

Impeachment of Justices

The process by which federal judges can be removed from office.

U.S. District Courts

General trial courts of the U.S. federal court system.

U.S. Circuit Courts

Intermediate appellate courts in the U.S. federal court system.

U.S. Supreme Court

The highest federal court in the United States.

Marbury v. Madison (1803)

Established the principle of judicial review.

McCulloch v. Maryland (1819)

Confirmed the supremacy of federal laws over state laws.

Gibbons v. Ogden (1824)

Affirmed federal control over interstate commerce.

Baker v. Carr (1962)

Established the principle of 'one person, one vote' in legislative redistricting.

United States v. Lopez (1995)

Limited Congress's power under the Commerce Clause.

Gonzales v. Raich (2005)

Confirmed federal authority to prohibit marijuana use.

Schenck v. United States (1919)

Established the 'clear and present danger' test for speech limitations.

Tinker v. Des Moines (1969)

Protected students' rights to free speech in schools.

Bethel v. Fraser (1986)

Permitted schools to prohibit lewd speech at school events.

New York Times v. United States (1971)

Protected the press from prior restraint.

Engel v. Vitale (1962)

Prohibited state-sponsored prayer in public schools.

Wisconsin v. Yoder (1972)

Recognized the right of Amish parents to refuse public school attendance for their children.

Brown v. Board of Education (1954)

Declared racial segregation in public schools unconstitutional.

Shaw v. Reno (1993)

Declared racial gerrymandering unconstitutional.

Meyer v. Nebraska (1923)

Protected parental rights to control children's education.

Bartels v. Iowa (1923)

Affirmed the right to teach in a foreign language.

Gideon v. Wainwright (1963)

Guaranteed the right to counsel for defendants in criminal cases.

Roe v. Wade (1973)

Legalized abortion based on the right to privacy.

McDonald v. Chicago (2010)

Incorporated the Second Amendment right to bear arms against state laws.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide.

United States v. Windsor (2013)

Struck down the Defense of Marriage Act (DOMA) as unconstitutional.

Lawrence v. Texas (2003)

Invalidated laws against consensual homosexual acts.

Bowers v. Hardwick (1986)

Upheld state laws against sodomy, later overturned by Lawrence v. Texas.

Civil Liberties

Individual rights protected by law from governmental interference.

Civil Rights

The rights of citizens to political and social freedom and equality.

Selective Incorporation

Process by which certain rights in the Bill of Rights are applied to the states.

Prior Restraint

Censorship imposed before a publication or broadcast.

Clear & Present Danger

Test for determining when speech can be restricted.

Student Rights

Legal rights of students in the context of the school environment.

Voting Rights

Legal rights that protect the ability of citizens to vote.

Disenfranchisement

The revocation of the right to vote.

Capital Punishment

The legal process of executing someone as punishment for a crime.

Majority Rule

A democratic principle that the decision of the majority will be accepted.

Minority Rights

The rights and protections for minority groups within a majority rule system.

Order vs. Liberty

The balance between societal order and individual freedoms.

National Consistency in Law

The principle that laws should be uniformly applied across all states.

MLK Jr.

Martin Luther King Jr., a leader in the American civil rights movement.

Letter from Birmingham Jail

An open letter written by MLK Jr. advocating for civil disobedience against injustice.

Federalist No. 78

An essay by Alexander Hamilton defending judicial independence.

Federalist No. 80

An essay detailing the judicial powers of the United States.