Unit 5: Civil Liberties and Civil Rights Vocabulary and SCOTUS Case List

"Fighting words"

Words that by their very nature inflict injury on those to whom they are addressed or insight them into acts of violence.

"Separate but Equal" Doctrine

gave constitutional sanction to laws designed to achieve racial segregation by means of separate and equal public facilities and services for African Americans and whites

"Letter from a Birmingham Jail"

an open letter written by Dr. Martin Luther King

14th Amendment

granted citizenship to all persons "born or naturalized in the United States

15th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race

19th Amendment

the constitutional amendment adopted in 1920 that guarantees women the right to vote. equal rights amendment. states that "equality of rights under the law shall not be denied or abridged by the united states or by any state on account of sex

1st Amendment

Protects freedom of speech

24th Amendment

prohibited the federal and state governments from imposing poll taxes before a citizen could participate in a federal election

26th Amendment

The right of citizens of the United States

2nd Amendment

protects an individual's right to possess firearms

4th Amendment

protects people from unreasonable searches and seizures by the government

5th Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes

6th Amendment

The amendment to the U.S. Constitution that guarantees criminal defendants the right to an attorney and the right to a speedy trial

7th Amendment

the right to a jury trial in federal civil court cases

8th Amendment

Excessive bail shall not be required

9th Amendment

Unenumerated Rights; all the rights not listed in the Constitution/ Bill of Rights belong to the people

Affirmative Action

a program of positive action

Americans with Disabilities Act

protects people with disabilities from discrimination

Arbitrary

Decided by a judge or arbiter rather than by a law or statute

Bill of Rights

the name given to the collection of the first ten amendments to the United States Constitution

Brown v. Board of Education (1954)

established that racial segregation in public schools was unconstitutional

Busing

the transportation of public school students from areas where they live to schools in other areas to eliminate school segregation based on residential racial patterns

Citizen state interactions

An event where the laws of a particular state interact with its citizens

Civil Liberties

constitutionally established guarantees and freedoms that protect citizens

Civil Rights

personal rights guaranteed and protected BY the (government) U.S. Constitution and federal laws enacted by Congress

Civil Rights Act of 1964

prohibited discrimination in public places

Civil Rights Movement

movement in the United States beginning in the 1960s and led primarily by Blacks in an effort to establish the civil rights of individual Black citizens

Class action suit

cases that are brought to court by an individual who is representing not only themselves

Clear and Present Danger Test

An 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

Compelling state interest

an element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights

Constitutional provision

a rule or legislation that is clearly defined in the constitution of a country for the safeguards or the protection of human rights (something written in the consitituition)

Cruel and Unusual Punishment

Punishment prohibited by the Eighth Amendment to the Constitution that includes torture

De facto Segregation

Racial segregation that occurs in schools

De jure Segregation

Segregation imposed by law

Death penalty

execution as a punishment for a person convicted of a crime

Defamation of Character

Wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false

Double Jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

Due Process Clause

guarantees that no state shall "deprive any person of life

Due Process Rights

a person's basic rights to "life

Engle v. Vitale (1962)

Held that school-sponsored prayer violates the Establishment Clause of the First Amendment. meant that the gov had no business drafting formal prayers for any segment of its population to repeat in a gov-sponsored religious programs

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws

Equal Rights Amendment

a proposed amendment to the U.S. Constitution that would invalidate many state and federal laws that discriminate against women

Establishment Clause

prohibits the government from "establishing" a religion

Exclusionary Rule

prevents the government from using most evidence gathered in violation of the United States Constitution

Free Exercise Clause

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion

Gender Discrimination

any practice

Gideon v. Wainwright (1963)

decision that guaranteed the right to an attorney for those who could not afford one

Grandfather Clause

clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before 1867.

Hate speech

Expression that is offensive or abusive

Impartial jury

the defendant has the right to face a jury that is not likely to have an opinion about the case already formed; protected under the Sixth Amendment. exclusionary rule.

Incorporation Doctrine

a constitutional doctrine through which parts of the first ten amendments are made applicable to the states through the Due Process clause of the Fourteenth Amendment

Incorporation Theory

The process of applying provisions of the Bill of Rights to the states through the Due Process Clause of the 14th Amendment.

Individual liberty

personal freedoms protected from arbitrary governmental interference or deprivations;suggests the free exercise of rights generally seen as outside Government control

Infringement

A harm to one's right a violation

Jim Crow Laws

any state or local laws that enforced or legalized racial segregation

Lemon Test

government can assist religion only if (1) the primary purpose of the assistance is secular

Libel

false written statement attacking someone's character

Literacy Test

a requirement that citizens show that they can read before registering to vote

litigate

the use of courts to gain policy preferences through cases or amicus curiae

McDonald v. Chicago (2009)

that the Second Amendment to the U.S. Constitution

Miranda Rights (rule)

A requirement that law enforcement officers inform a person subject to an interrogation of their right not to incriminate themselves under the Fifth and Sixth Amendments

National Organization of Women (NOW)

established by a group of feminists who were dedicated to actively challenging sex discrimination in society

National security

foreign and domestic policy designed to protect the nation's independence and political and economic integrity; policy concerned with the safety and defense of the nation.

New York Times v. United States (1971)

defended the First Amendment right of free press against the prior restraint by the government. By preventing the paper from publishing material

Non suspect Classification

any statutory classification that is NOT a suspect or quasi-suspect classification.

Oral arguments

a presentation of a case before a court by spoken word

Original intent

the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers.

Patriot Act

a U.S. law granting law enforcement more powers to prevent terrorist attacks. Strengthens the federal government's power to conduct surveillance

Poll Tax

a tax a person is required to pay before he or she is allowed to vote

Precedent

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts

Prior Restraint

a form of censorship that allows the government to review the content of printed materials and prevent (BEFORE) their publication

Probable Clause

found in the Fourth Amendment

Prochoice movement

advocate for the right to have legal access to induced abortion services including elective abortion.

Prolife Movement

contains elements opposing induced abortion on both moral and religious grounds and supports its legal prohibition or restriction

Public Safety Exemption

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.

Quasi suspect Classification

those subject to an intermediate level of review under the equal protection clause

Right to counsel

a defendant has a right to have the assistance of counsel

Right to Privacy

The right of individuals to be free from unreasonable governmental intrusion into their personal lives

Roe v. Wade (1973)

a lawsuit that led to the landmark 1973 U.S. Supreme Court decision establishing a constitutional right to abortion in the United States

Schenck v. United States (1919)

led to the conclusion that if speech is intended to result in a crime

Search Warrant

An order from a judge authorizing the search of a place

Secular

the principle of separation of government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries.

Selective Incorporation

A process by which the Supreme Court incorporates provisions of the Bill of Rights into the 14th Amendment's Due Process Clause

Self incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids this

Slander

the public uttering of a false statement that harms the good reputation of another

Social Movement

formed when large numbers of people organize and mobilize to pursue common political objectives actively

Social order

established patterns of authority in society and traditional modes of behavior

Speedy and public trial

protects a defendant from having a long delay between being arrested and facing trial; protected under the Sixth Amendment.

Stare Decisis

The rule of precedent

Strict Scrutiny Test

the government must show that there is a compelling

Suffrage

The legal right to vote

Supreme Court Holding

Establishing precedent The decision of the highest court

Suspect Classification

A class of individuals that have been historically subject to discrimination

Symbolic Speech

nonverbal

Telecommunication metadata

All the cell phone communication info minus the actual conversation; that is who is calling whom

Tinker v. Des Moines (1969)

The court found that the First Amendment applied to public schools

Title IX of the Education Amendments Act of the 1972

No person in the United States shall

Unreasonable Searches and Seizures

police cannot search a person or their property without a warrant or probable cause

Unwarned interrogation

A series of questions that government officials ask a potential suspect for public safety

USA Freedom Act

ended the ability of federal intelligence agencies to store certain phone data ("phone metadata" - see below). Instead