Civil Rights and Civil Liberties (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 or programs designed to address past discrimination by providing special opportunities in education and employment to historically disadvantaged groups, such as minorities and women.

Americans with Disabilities Act (1990)

Federal law that prohibits discrimination against individuals with disabilities in employment, public services, transportation, and accommodations; requires reasonable accommodations.

Bill of Rights

The first 10 amendments to the Constitution, added in 1791, to protect individual freedoms such as speech, religion, and due process from government interference.

Black Codes

Laws passed in Southern states after the Civil War to limit the freedom of African Americans by controlling their movement, work, and legal rights (precursors to Jim Crow laws).

Brown v. Board of Education (1954)

Supreme Court case that 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 (such as 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 guarantee equal treatment under the law.

Civil Rights Act of 1964

Landmark legislation that banned segregation in public places, outlawed employment discrimination based on race, color, religion, sex, or national origin, and strengthened voting rights laws.

Clear and Present Danger Test

Legal standard from Schenck v. United States (1919) that allows the government to limit speech if it poses a clear and immediate threat to public safety or order.

Cruel and Unusual Punishment

Punishment that is excessively harsh or degrading, prohibited by the 8th Amendment; includes torture and excessively long sentences.

De Facto Segregation

Segregation that occurs through social patterns, private behavior, and economic conditions rather than by law (e.g., segregated neighborhoods).

De Jure Segregation

Segregation that is imposed by law (e.g., laws requiring 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 that prevents someone from being tried twice for the same crime after an acquittal or conviction.

Due Process Clause

Found in the 5th and 14th Amendments; guarantees that the government must follow fair procedures when taking away 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

Federal law requiring that men and women be paid equally for performing substantially equal work under similar working conditions.

Equal Protection Clause

Part of the 14th Amendment; requires states to apply the law equally and protect individuals from discrimination by the government.

Equal Rights Amendment

Proposed constitutional amendment (introduced in 1923, passed by Congress in 1972 but never ratified) that sought to guarantee equal legal rights for all Americans regardless of sex.

Establishment Clause

Part of the 1st Amendment; prohibits the government from establishing an official religion or favoring one religion over another (separation of church and state).

Ex Post Facto Laws

Laws that retroactively criminalize an action that was legal when committed or increase the punishment after the fact; prohibited by the Constitution.

Exclusionary Rule

Legal principle established in Mapp v. Ohio (1961); evidence obtained through illegal searches and seizures cannot be used in court.

Extradition Clause

Requires states to return individuals charged with crimes to the state where the crime was committed upon request.

Extraordinary Rendition

Secret transfer of terror suspects to other countries, often with poor human rights records, 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 people to vote only if their ancestors had voted before the Civil War; used to prevent African Americans from voting; declared unconstitutional in 1915.

Habeas Corpus

A legal right that requires 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 other identity factors; often protected unless it directly incites violence.

Incorporation

The process by which the Supreme Court applies the Bill of Rights to state governments using 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) used to determine if a law violates the Establishment Clause:

1. Must have a secular purpose.

2. Must not advance or inhibit religion.

3. Must not create excessive government entanglement with religion.

Libel

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

Miranda Rights

Rights of a suspect upon arrest (right to remain silent, right to an attorney); established in Miranda v. Arizona (1966).

Miranda v. Arizona (1966)

Supreme Court case establishing that suspects must be informed of their rights before police questioning.

New York Times Co. v. Sullivan (1964)

Supreme Court case that established the "actual malice" standard for press reporting on public officials.

Plessy v. Ferguson (1896)

Supreme Court case that upheld "separate but equal" segregation; overturned by Brown v. Board of Education (1954).

Prior Restraint

Government action preventing publication or speech; generally unconstitutional except in cases of national security.

Rendition

Transfer of a person from one jurisdiction to another for legal reasons or prosecution.

Right to Privacy

Implied right (from the 4th and 9th Amendments) protecting personal autonomy in decisions like contraception, marriage, and abortion.

Roe v. Wade (1973)

Supreme Court case that established a constitutional right to abortion based on the right to privacy (overturned in 2022).

Selective Incorporation

The process of applying parts of the Bill of Rights to the 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."

Separation of Church and State

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

Slander

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

Strict Scrutiny

Highest level of judicial review used 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.