Gov Unit 3 Vocab

Bill of Rights

Consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals, and is specifically designed to protect individual liberties and rights ; application of the Bill of Rights is continuously interpreted by the courts

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; these rights are guaranteed to all persons under the due process and equal protection clauses of the U.S. Constitution, as well as acts of Congress.

First Amendment

An individual's right to religious freedom through the Establishment Clause and Free Exercise Clause ; freedom of speech ; freedom of the press

Second Amendment

Right to bear arms

Fourth Amendment

The right to be free from unreasonable searches and seizures

Fifth Amendment

Designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

The right to legal counsel, speedy and public trial, and an impartial jury

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants.

Ninth Amendment

States that individuals have protected rights beyond those listed in the first eight amendments ; some argue it provides support for the existence of unenumerated rights

Fourteenth Amendment

Due Process Clause and Equal Protection Clause as applied to the states ; granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people

Establishment clause

Prohibits the support or creation of an official religion by the government

Free exercise clause

Guarantees freedom of conscience and prohibits the government from interfering in religious belief

Symbolic speech

Nonverbal action that communicates an idea or belief

Time, place, manner

Regulations that impose restrictions on speach such as limits on the time of day an event can be held, limits on where an event can be held, and limits on the noise levels at an event

Obscenity

Speech that strongly offends the prevalent morality of the time and society

Defamation

Language that harms the reputation of another

Libel

Written communication of defamation

Slander

Oral communication of defamation

Clear and present danger

Speech can be limited when it is shown to present a danger to public safety

Prior restraint

Government action that prohibits speech or other expression before the speech happens

Selective incorporation

Doctrine that imposed limitations on state regulation of civil liberties by extending select protections of the Bill of Rights to the states through the due process clause of the Fourteenth Amendment

Due process

State that the government may not infringe on a person's right to life, liberty, or property without due process of law

Procedural due process

Requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights ; these protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court

Miranda rule

Requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation

Public safety exception

Allows officers to interrogate a suspect without informing them of their rights if there is an objective need to protect the police or the public from immediate danger.

Patriot Act

Congressional legislation enacted in the wake of 9/11 designed to expand surveillance abilities of law enforcement, facilitate interagency communication, and increase penalties of acts of terrorism

USA Freedom Act

Congressional legislation intended to limit bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies and end secret laws of FISA courts

Exclusionary rule

Stipulates that evidence illegally seized by law enforcement officers in violation of the suspect's Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution

Substantive due process

Used by the Supreme Court to examine whether government laws and actions are arbitrary infringements of individual rights

Unenumerated rights

Recognized constitutionally protected rights that are not explicitly listed in the Bill of Rights; include the right to privacy

Right to privacy

A recognized constitutionally protected right not explicitly named in the Constitution; interpreted by the Supreme Court to be granted by the Due Process clause in Griswold v. Connecticut

Griswold v. Connecticut

The Supreme Court interpreted the due process clause to protect the right of privacy from government infringement

Roe v Wade

The Supreme Court held that the application of substantive due process further extended the privacy right to abortion

Dobbs v. Jackson Women's Health Organization

Overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to state legislatures

Civil Rights Movement

A social movement and campaign from 1954 to 1968 to abolish legalized racial segregation, discrimination, and disenfranchisement throughout the United States

Letter from Birmingham Jail

A letter by Dr. Martin Luther King Jr. stating people have a moral responsibility to break unjust laws and take direct action instead of waiting for social and racial justice through the court system ; "injustice anywhere is a threat to justice everywhere"

Women's Rights Movement

A social movement and campaign during the 1960s and 1970s to address gender equality and discrimination with a focus on equal employment and pay, reproductive rights, and discrimination in employment and education

National Organization of Women (NOW)

A feminist organization which lobbies for gender equality

LGBTQ rights

Political and social rights for lesbian, gay, bisexual, transgender individuals; gains have been made for same-sex activities and behaviors, same-sex marriage, and discrimination in employment; opposition to transgender and gender identity continues

Pro-life movement

An anti-abortion movement based on moral and religious grounds supporting legal restrictions and prohibitions on abortions with many believing life begins at conception

Pro-choice movement

A movement supporting the view that women should have the legal right to an elective abortion based on a recognized right to privacy

Brown v. Board of Education

Declared that race-based school segregation violates the Fourteenth Amendment's equal protection clause; overturned Plessy v. Ferguson

Civil Rights Act of 1964

Prohibits discrimination in public places, provides for the integration of schools and other public facilities, and makes employment discrimination illegal

Title IX of the Education Amendments Act of 1972

Prohibits sex discrimination in any education program or activity receiving federal financial assistance

Voting Rights Act of 1965

Prohibits racial discrimination in voting

Separate but equal doctrine

State laws and Supreme Court decisions restricting African American access to the same restaurants, hotels, schools, etc., as the majority white population

Majority-minority districting

Drawing an electoral district in which the majority of constituents are racial or ethnic minorities

Affirmative Action

Policies intended to address workplace and educational disparities related to race, ethnic origin, gender, disability, and age ; Supreme Court debate has focused on whether affirmative action is protected by the equal protection clause of the Fourteenth Amendment to the Constitution