Unit 3 Civil Liberties and Civil Rights-Vocabulary

Affirmative Action

Policies and programs designed to address past discrimination and promote equal opportunities in education and employment for historically disadvantaged groups, such as racial minorities and women. It can involve giving preferential treatment to these groups, which has led to numerous legal challenges regarding its constitutionality.

Civil Liberties

The fundamental freedoms and rights guaranteed to individuals in the United States, primarily by the Bill of Rights. These liberties serve as a protection for individuals against government overreach and include freedoms of speech, religion, and the press.

Civil Rights

The legal rights that protect individuals from discrimination and ensure equal treatment and protection under the law. Unlike civil liberties, which protect against government action, civil rights often address discrimination by private individuals and groups.

Clear and Present Danger Rule

A legal test established in the Supreme Court case Schenck v. United States (1919) to determine the limits of free speech. The rule states that the government can restrict speech if it poses a "clear and present danger" of bringing about a substantial evil, such as a criminal act.

Bill of Rights

The first ten amendments to the U.S. Constitution. It outlines the core civil liberties of Americans, including freedom of speech, religion, and the press, and establishes protections for individuals accused of crimes.

Establishment Clause

A clause in the First Amendment that prohibits the government from establishing an official religion or showing undue favoritism toward one religion over others. It is often interpreted as creating a "wall of separation" between church and state.

Free Exercise Clause

A clause in the First Amendment that protects an individual's right to practice their religion freely, including engaging in religious rituals and beliefs, without government interference.

De facto segregation

Segregation that occurs as a result of social, economic, and housing patterns, rather than by law. This type of segregation is often a result of private choices and societal norms, even after legal segregation has been outlawed.

De jure segregation

Segregation that is mandated and enforced by law. This was the dominant form of segregation in the American South during the Jim Crow era.

Due Process Clause

A clause found in both the Fifth and Fourteenth Amendments that guarantees that the government must follow fair procedures and treat all people equally before it can deprive a person of life, liberty, or property.

Nationalization of the Bill of Rights

The process by which the Supreme Court has applied most of the protections of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment. This means that states are also bound to protect these individual liberties, not just the federal government.

Selective Incorporation

The doctrine by which the Supreme Court has applied certain rights from the Bill of Rights to the states on a case-by-case basis through the Fourteenth Amendment's Due Process Clause. This is the prevailing approach used by the Court.

Equal Protection Clause

A clause in the Fourteenth Amendment that prohibits states from denying any person within their jurisdiction the "equal protection of the laws." It is a key tool for civil rights advocates, as it ensures that laws apply equally to all individuals and has been used to challenge discriminatory practices based on race, gender, and other characteristics.

Exclusionary Rule

legal principle that prevents evidence collected or analyzed in violation of a defendant's constitutional rights from being used in a criminal trial. It is primarily associated with the Fourth Amendment, which protects against unreasonable searches and seizures. Established in the case Mapp v. Ohio (1961)

Prior Restraint

a form of government censorship of speech or expression that occurs before the expression is published or takes place. Government attempt at prior restraint was denied in NY Times v. U.S. (1971)

Civil Rights Act of 1964

A landmark piece of legislation that outlawed discrimination based on race, color, religion, sex, or national origin. It prohibited segregation in public accommodations and outlawed employment discrimination.

Voting Rights Act of 1965

A key piece of legislation that aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote guaranteed under the 15th Amendment. It outlawed discriminatory practices such as literacy tests.

Title IX

A part of the Education Amendments of 1972 that prohibits sex-based discrimination in any education program or activity that receives federal financial assistance. It has had a major impact on promoting gender equality in sports and academics.

Fourteenth Amendment

An amendment ratified in 1868 that granted citizenship to all persons born or naturalized in the United States, including formerly enslaved people. It is a cornerstone of civil rights, containing both the Equal Protection Clause and the Due Process Clause.