Unit 3 Flashcards
Civil Rights
govt protected rights against arbitrary and discriminatory treatment
ex. equal social opportunities, such as employment and schooling
Civil Liberties
guarantees and freedoms that not even the govt can take away
ex. freedom of speech, religion, press
Bill of Rights
the first 10 amendments added to the constitution
important because the provide specific rights and liberties to individuals
Establishment Clause
clause prohibits that US govt from establishing a specific religion
ex. in Engle v Vitale the supreme court ruled the prayer in public schools unconstitutional under this clause
Free Exercise Clause
prohibits the US govt from interfering with a citizens right to practice a religion
ex. not allowing a muslim student to pray during school would be a violation of this clause
Symbolic Speech
non-verbal forms of speech such as symbols, signs and the burning of the flag
important because symbolic speech is also protected under the first amendment
Prior Restraint
govt actions that prohibits the speech or other expressions before the speech even happens
ex. in NYT v US the govt stopped the press from printing secret govt documents before they got out to the public
Selective Incorporation
case-by-case approach of deciding which portions of the Bill of Rights are to be applied to the states
ex. the 3rd amendment is not yet incorporated to the states because it has not yet been relevant
Due Process Clause
guarantees a variety of rights to individuals via the 14th amendment before abiding them of their rights
ex. the govt cant plainly accuse someone w/o going through the correct legal process
Incorporation Doctrine
says that states cannot deny citizens protections mentioned in bill of rights
McDonald v Chicago incorporated the 2nd amendment to states through this doctrine
Miranda Rights
statement required by police that informs suspects about their constitutional rights protected by the 5th amendment
ex. some of these rights include: the right to remain silent and the right to a lawyer
9th Amendment
non enumerated rights are still preserved by the people
ex. rights protected under this amendment include the right to privacy, the right to vote and more
10th Amendment
the rights not specifically given to the the national govt in the constitution belong to the states and its ppl
important because this amendment is what federalism is all about; limit’s national govt while giving state govt more power
14th Amendment
guarantees equal protection and due process of the law to citizens
important because this amendment has been used to form multiple court decisions
Equal Protection Clause
gives equal protection under the law to all citizens
important became it has been used to protect multiple groups against discrimination
seperate-but-equal doctrine
doctrine that defended the passing of discriminatory legislation to segregate black and white ppl
ex. in Plessy v Ferguson the court laid out this doctrine to uphold Jim Crow Laws
Suffrage
is the right to vote
ex. suffrage movement in the 1920s fought for the womens right to vote
Due Process Rights
set of procedures that ensure fair treatment while protecting fundamental rights
ex. the 14th amendment states that no one shall be deprived of life, liberty or property without due process of the law
Exclusionary Rule
rule that prohibits police from using illegally seized evidence in trial
ex. if evidence is found without a warrant in someones home, police cannot use it against the individual
Civil Rights Act of 1964
legislation that outlawed the segregation in public facilities and discrimination in employment, education and voting
ex. outlawed Jim crow laws and opened up more opportunities for minorities
Voting Rights of 1965
prohibited racial discrimination in voting such as the banning of literacy tests
important because it enforced the 15th amendment
Title IX
prohibited educational institutions that received federal funds from discriminating against female students
important because before this title there were no female sports teams in schools
Affirmative Action
policies designed to give special attention to members of previously disadvantaged groups
ex. training programs and/or outreach programs
