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Civil Liberties
Individual freedoms protected from government interference.
Civil Rights
Protections against discrimination
guarantee equal treatment under the law.
Bill of Rights
First ten amendments protecting individual liberties.
Selective Incorporation
Process applying Bill of Rights to states through the 14th Amendment.
Due Process Clause (14th Amendment)
States cannot deprive life, liberty, or property without fair procedures.
Equal Protection Clause
Requires states to treat individuals equally under the law.
1st Amendment
Protects freedom of speech, religion, press, assembly, and petition.
4th Amendment
Protects against unreasonable searches and seizures.
4th Amendment
Protects against unreasonable searches and seizures.
6th Amendment
Guarantees right to counsel, fair trial, and impartial jury.
8th Amendment
Prohibits cruel and unusual punishment.
10th Amendment
Powers not given to federal government are reserved to states.
Establishment Clause
Government cannot establish or endorse a religion.
Free Exercise Clause
Government cannot interfere with religious practice.
Engel v. Vitale (1962)
School‑sponsored prayer violates Establishment Clause.
Wisconsin v. Yoder (1972)
Forcing Amish students to attend school past 8th grade violates Free Exercise Clause.
Lemon Test
Determines if a law violates Establishment Clause: secular purpose, no advancement/inhibition of religion, no excessive entanglement.
Symbolic Speech
Nonverbal expression protected by the First Amendment.
Clear and Present Danger Test
Speech can be restricted if it poses immediate threat.
Time, Place, Manner Restrictions
Government can regulate speech if content‑neutral and reasonable.
Tinker v. Des Moines (1969)
Students have free‑speech rights at school; armbands protected.
Schenck v. United States (1919)
Speech encouraging draft resistance not protected; clear and present danger.
“Substantial Disruption” Test
Schools may limit speech only if it disrupts learning.
Prior Restraint
Government censorship before publication; usually unconstitutional.
New York Times v. United States (1971)
Government cannot block Pentagon Papers; heavy presumption against prior restraint.
Exclusionary Rule
Illegally obtained evidence cannot be used in court.
Mapp. v. Ohio (1961)
Applied exclusionary rule to states.
Miranda Rights
Police must inform suspects of rights before questioning.
Miranda v.Arizona (1966)
Established requirement to read rights to suspects.
Gideon v. Wainwright (1963)
States must provide attorneys to defendants who cannot afford one.
Escobedo v. Illinois (1964)
Right to counsel during police interrogation.
Probable Cause
Reasonable grounds for search or arrest.
Double Jeopardy
Cannot be tried twice for same crime.
McDonald v. Chicago (2010)
Incorporated 2nd Amendment; right to bear arms applies to states.
Plessy v. Ferguson (1896)
Upheld “separate but equal” segregation.
Brown v. Board of Education (1954)
Overturned Plessy; segregation is inherently unequal.
Thurgood Marshall
Lawyer for Brown; later Supreme Court Justice.
Civil Rights Act of 1964
Banned discrimination in public accommodations, employment, and federally funded programs.
Voting Rights Act of 1965
Banned literacy tests; enforced 15th Amendment; federal oversight.
Title IX
Prohibits sex discrimination in federally funded education.
Letter from Birmingham Jail
MLK defends nonviolent protest; injustice anywhere threatens justice everywhere.
Judicial Review
Courts can strike down unconstitutional laws.
Marbury v. Madison (1803)
Established judicial review.
Judicial Activism
Courts should interpret Constitution to address social issues.
Judicial Restraint
Courts should defer to elected branches.
Stare Decisis
Courts follow precedent unless strong reason to overturn.
15th Amendment
Voting cannot be denied based on race.
19th Amendment
Women’s suffrage.
24th Amendment
Banned poll taxes.
26th Amendment
Voting age lowered to 18.
United States v. Lopez (1995)
Limited Congress’s Commerce Clause power; struck down Gun‑Free School Zones Act.
Baker v. Carr (1962)
Allowed federal courts to hear redistricting cases; “one person, one vote.”
Shaw v. Reno (1993)
Race‑based gerrymandering violates Equal Protection Clause.
Habeas Corpus Suspension (Lincoln)
Demonstrates tension between civil liberties and public order.