Overview of American Constitutionalism and Civil Rights

Flashcards covering key concepts and terms related to American Constitutionalism, Civil Liberties, and Civil Rights.

Social Contract

An agreement among citizens to form a government and surrender power to it in exchange for protection for life, liberty, and property.

Power and Authority

Power is the ability to rule while authority is the recognized right to rule, justified by a set of common rules.

Checks and Balances

Limitations built into the American constitution that give each branch the power to hold each other accountable.

Federalism

The division of sovereignty between a central government and smaller regional governments, particularly between national and state governments.

Bill of Rights

The first ten amendments to the U.S Constitution designed to limit government authority and protect individual rights.

Judicial Review

The ability of the federal judiciary to review laws and actions for constitutionality, striking down those deemed unconstitutional.

Civil Liberties

Specific individual rights guaranteed to citizens, serving as legal protections against government intrusion.

Due Process Clause (14th Amendment)

A constitutional clause guaranteeing fair treatment and safeguarding citizens from arbitrary deprivation of life, liberty, or property.

Selective Incorporation

The judicial doctrine by which the Supreme Court gradually applied Bill of Rights provisions to the states through the Due Process Clause.

Total Incorporation

The judicial doctrine holding that all rights in the Bill of Rights should be applied to the states.

Fundamental Rights

Rights judged to be 'deeply rooted' in history and traditions, necessary to uphold a scheme of ordered liberty.

Clear-and-Present Danger Test

A judicial standard to determine when political speech can be restricted due to immediate danger.

Imminent Lawless Action Test

A standard protecting speech unless it is directed at inciting or producing imminent lawless action.

Symbolic Speech

Communication of ideas through actions rather than words, generally protected by law.

Prior Restraint

Government action attempting to prevent speech or publication before it occurs, subject to high restrictions.

Unprotected Speech

Categories of speech such as slander, libel, obscenity, and speech constituting fighting words or true threats.

Establishment Clause

Prohibits the government from establishing, endorsing, or promoting a religion.

Free Exercise Clause

Protects a citizen's right to believe in and practice any religion.

The Right to Bear Arms

Constitutional right ensuring individuals can possess firearms for lawful purposes as clarified by the Second Amendment.

Exclusionary Rule

Mandates that illegally obtained evidence must be excluded from criminal trials to deter police misconduct.

Terry Frisk

A constitutional practice allowing officers to pat down detainees for weapons based on reasonable suspicion.

Fifth Amendment

Guarantees protection against self-incrimination and double jeopardy, along with due process.

Sixth Amendment

Guarantees the right to legal counsel, speedy trial, and an impartial jury.

Eighth Amendment

Prohibits cruel and unusual punishment, relevant in the context of the death penalty.

Right to Privacy

Implied right inferred from various amendments, protecting personal privacy interests.

Griswold v. Connecticut (1965)

Established the right to privacy and struck down a state ban on contraceptives.

Roe v. Wade (1973)

Constitutional right to abortion based on privacy, later overturned by Dobbs v. Jackson.

Obergefell v. Hodges (2015)

Declared a constitutional right to marriage based on the right to privacy and substantive due process.

Civil Rights

Positive rights requiring government action to protect individuals from discriminatory treatment.

Equal Protection Clause

Constitutional provision in the 14th Amendment prohibiting states from denying equal protection under the laws.

De Jure vs. De Facto

De Jure discrimination is enforced by law, while De Facto is social or economic in nature without specific laws.

Strict Scrutiny

The highest judicial standard applied in cases treating people differently based on suspect classifications.

Intermediate Scrutiny

A mid-level standard applied to gender-based classifications, requiring substantial relation to an important government objective.

Affirmative Action

Policies aimed at providing equal opportunities for traditionally disadvantaged groups.