Civil Rights and Civil Liberties

Grutter v. Bollinger (2003)

Allowed the use of race as a general factor in law school admissions at University of Michigan

Regents of the University of California v. Bakke

Schools can't use admission quotas and admit students solely on the basis of their race.

Reed v. Reed (1971)

The landmark case in 1971 in which the Supreme Court for the first time upheld a claim of gender discrimination.

DC v. Heller

the 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically, there is a constitutional right to keep a handgun in the home for self defense; only applied to federal government, though.

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Due Process Clause 14th Amendment

States cannot deny people of their basic rights without a trial

judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground.

judicial restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say, and play minimal policymaking roles since policy should be made by the other branches,

Precedent (stare decisis)

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

Marbury v. Madison (1803)

Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.

Federalist No. 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

Fourteenth Amendment

the constitutional amendment adopted after the Civil War that states, "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."

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Wisconsin v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.

symbolic speech

an act that conveys a political message

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

Schenck v. US (1919)

Allows limits to speech based on the "clear and present danger" principle

clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

prior restraint

government censorship of information before it is published or broadcast

New York Times v. US

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it

commercial speech

Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Fourth Amendment

Protects against unreasonable search and seizure

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings

Miranda v. Arizona (1966)

5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence)

Fifth Amendment

prohibits government from forcing individuals to testify against themselves.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Patriot Act (2001)

Law responding to 9/11. Expands anti-terrorist powers (wiretapping, surveillance); 4th Amendment concern for civil liberties.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

separate but equal doctrine

the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson. Racial segregation of schools violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

"Letter from a Birmingham Jail," 1963

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. Advocated nonviolence protest methods

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

National Organization for Women (NOW)

Founded in 1966, the National Organization for Women (NOW) called for equal employment opportunity and equal pay for women. NOW also championed the legalization of abortion and passage of an equal rights amendment to the Constitution.

Title IX of the Civil Rights Act

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance

Roe v. Wade (1973)

Said certain state criminal abortion laws violate the Due Process clause of the 14th Amendment, which protects against state action the (implied) right to privacy in the Bill of Rights (9th amendment). Abortion cannot be banned in the 1st trimester (1st 3 months), states can regulate the 2nd trimester, 3rd trimester - abortion is illegal except to save the life of the mother

pro-life movement

a movement whose followers believe that abortion is murder and should not be conducted under any circumstances (or under limited circumstances involving the physical health of the mother)

Civil Liberties

Constitutional freedoms guaranteed to all citizens

civil rights

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

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Swann v. Charlotte-Mecklenburg Board of Education

Approved busing and redrawing district lines as ways of integrating public schools