UNIT 7

9th Amendment
Part of the Bill of Rights; states that the listing of specific rights in the Constitution does not mean that people don’t have other rights too (protects unenumerated rights).

10th Amendment
Part of the Bill of Rights; reserves powers not given to the federal government or prohibited to the states to the states or the people (basis for state sovereignty).

Affirmative Action
Government policies designed to address past discrimination by providing special opportunities in education and employment to historically disadvantaged groups.

Americans with Disabilities Act (1990)
Federal law that prohibits discrimination against individuals with disabilities and requires reasonable accommodations in employment, public services, transportation, and accommodations.

Bill of Rights
The first 10 amendments to the Constitution, added in 1791, to protect individual freedoms from government interference.

Black Codes
Laws passed in Southern states after the Civil War to limit the freedom of African Americans; precursors to Jim Crow laws.

Brown v. Board of Education (1954)
Ruled racial segregation in public schools unconstitutional, overturning Plessy v. Ferguson and establishing that "separate but equal" is inherently unequal.

Civil Liberties
Constitutionally protected freedoms (e.g., speech, press, and religion) that the government cannot infringe upon without due process.

Civil Rights
Protections from discrimination based on race, gender, age, or other factors; require government action to ensure equal treatment under the law.

Civil Rights Act of 1964
Banned segregation in public places and outlawed employment discrimination based on race, color, religion, sex, or national origin.

Clear and Present Danger Test
Legal standard from Schenck v. United States (1919) that allows the government to limit speech if it poses an immediate threat to public safety.

Cruel and Unusual Punishment
Prohibited by the 8th Amendment; includes torture and excessively harsh or degrading penalties.

De Facto Segregation
Segregation resulting from social patterns, private behavior, and economic conditions rather than by law.

De Jure Segregation
Segregation imposed by law (e.g., separate schools for Black and white students).

Direct Incitement Test
Established in Brandenburg v. Ohio (1969); limits speech only if it is likely to incite imminent lawless action.

Double Jeopardy
5th Amendment protection against being tried twice for the same crime after an acquittal or conviction.

Due Process Clause
Found in the 5th and 14th Amendments; guarantees fair legal procedures when the government takes a person’s life, liberty, or property.

Enemy Combatant
A person engaged in armed conflict against the U.S. who may be held without the same constitutional rights as regular prisoners under wartime laws.

Equal Pay Act of 1963
Requires men and women to be paid equally for performing substantially equal work under similar working conditions.

Equal Protection Clause
Part of the 14th Amendment; requires states to apply laws equally and protect individuals from discrimination.

Equal Rights Amendment
Proposed constitutional amendment to guarantee equal legal rights regardless of sex; passed by Congress in 1972 but never ratified.

Establishment Clause
Part of the 1st Amendment; prohibits the government from establishing an official religion or favoring one religion over another.

Ex Post Facto Laws
Laws that retroactively criminalize actions or increase punishments after the fact; prohibited by the Constitution.

Exclusionary Rule
Evidence obtained through illegal searches and seizures cannot be used in court (Mapp v. Ohio).

Extradition Clause
Requires states to return individuals charged with crimes to the state where the crime was committed.

Extraordinary Rendition
Secret transfer of terror suspects to other countries, where they may be interrogated or tortured.

Fighting Words
Speech intended to incite violence or immediate disruption; not protected under the 1st Amendment.

Free Exercise Clause
Part of the 1st Amendment; protects individuals' right to practice their religion freely unless it violates public order or laws.

Grandfather Clause
Law that allowed voting only if an ancestor had voted before the Civil War; used to prevent African Americans from voting; declared unconstitutional in 1915.

Habeas Corpus
Legal right requiring authorities to explain why a person is being held in custody; protects against unlawful detention.

Hate Speech
Speech attacking individuals or groups based on race, religion, ethnicity, gender, or identity; protected unless it incites violence.

Incorporation
Process by which the Supreme Court applies the Bill of Rights to state governments through the 14th Amendment's Due Process Clause.

Indictment
Formal criminal charge issued by a grand jury stating that there is enough evidence to go to trial.

Jim Crow Laws
State and local laws enforcing racial segregation in the South from the late 19th century until the 1960s.

Lemon Test
Test from Lemon v. Kurtzman (1971) to determine if a law violates the Establishment Clause:

• Must have a secular purpose.

• Must not advance or inhibit religion.

• Must not create excessive government entanglement with religion.

Libel
False written statement damaging a person’s reputation; not protected under the 1st Amendment.

Miranda Rights
Rights of a suspect upon arrest; established in Miranda v. Arizona (1966).

Prior Restraint
Government action preventing publication or speech; generally unconstitutional except for national security.

Right to Privacy
Implied right protecting personal decisions (e.g., contraception, marriage) from government interference.

Selective Incorporation
Application of parts of the Bill of Rights to states through the 14th Amendment's Due Process Clause.

Separate but Equal
Doctrine from Plessy v. Ferguson that allowed racial segregation as long as facilities were "equal"; overturned by Brown v. Board of Education.

Separation of Church and State
Principle that government and religious institutions must remain separate (based on the Establishment Clause).

Slander
False spoken statements damaging a person’s reputation; not protected under the 1st Amendment.

Strict Scrutiny
Highest level of judicial review for laws involving race, religion, or fundamental rights; requires a compelling government interest.

Substantive Due Process
Judicial interpretation that protects certain fundamental rights from government interference.

Suspect Classification
Category (e.g., race) that triggers strict scrutiny when discrimination is alleged.

Symbolic Speech
Nonverbal expression (e.g., flag burning) protected under the 1st Amendment.

Writ of Habeas Corpus
Court order demanding that a prisoner be brought before a judge and informed of the charges.