Unit 2 Vocab

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1
Affirmative Action
A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
2
Bill of Attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
3
Civil Liberties
The constitutional and other legal protections of individuals against government actions. Formally set down in the Bill of Rights.
4
Civil Rights
The constitutional and other legal protections of groups against government actions.
5
Clear and Present Danger Test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a danger that it will lead to evil or illegal acts.
6
Cruel and Unusual Punishment
Court sentences prohibited by the Eighth Amendment.
7
Due Process Clause
Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law.
8
Equal Protection Clause
Part of the Fourteenth Amendment emphasizing that the laws must provide equivalent "protection" to all people.
9
Establishment Clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
10
Ex Post Facto Law
law that makes an act punishable as a crime even if the action was legal at the time it was committed
11
Exclusionary Rule
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. Prohibits the use of evidence obtained through unreasonable search and seizure.
12
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
13
Libel
the publication of false and malicious statements that may damage someone's reputation.
14
Miranda Warnings
Statements that police must read to suspects prior to questioning that advises them of their rights.
15
Plea Bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
16
Prior Restraint
Government actions that prevent material from being published. As confirmed in Near v. Minnesota, this is usually prohibited by the First Amendment.
17
Probable Cause
Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have this.
18
Right to Privacy
The right to a private personal life free from the intrusion of government.
19
Selective Incorporation (Incorporation Doctrine)
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment.
20
Self-incrimination
Being a witness against oneself. The Fifth Amendment forbids this act.
21
Strict Scrutiny
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.
22
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.
23
Baker v. Carr
This 1962 Supreme Court case established the right of federal courts to review issues concerning redistricting within states, which had previously been viewed as "political questions" outside the courts' jurisdiction. Addressed reapportionment and established "one person, one vote."
24
Brown v. Board of Education
The 1954 Supreme Court decision holding that school segregation was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States.
25
Bill of Rights
The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants' rights.
26
Civil Rights Act of 1964
The law making racial discrimination in public accommodations illegal. It forbade many forms of job discrimination. It also strengthened voting rights.
27
Engel v. Vitale
The 1962 Supreme Court decision holding that state officials violated the First Amendment when they required that a prayer be recited by public schoolchildren.
28
Fourteenth Amendment
The constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." First and only part of the Constitution that invokes the idea of eqaulity.
29
Gideon v. Wainwright
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer.
30
Gitlow v. New York
The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.
31
Griswold v. Connecticut
The 1965 Supreme Court decision that held the Constitution implicitly guarantees citizens' right to privacy.
32
Mapp v. Ohio
The 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable search and seizures must be extended to the states.
33
McDonald v. Chicago
The 2010 Supreme Court ruling that incorporated the 2nd Amendment right to bear arms to the states.
34
New York Times Co. v. United States
The 1971 Supreme Court decision that held if the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security (prior restraint must be proven).
35
Nineteenth Amendment
The constitutional amendment adopted in 1920 that guarantees women the right to vote.
36
Oregon v. Smith
The 1990 Supreme Court decision that banned the use of illegal drugs in religious ceremonies; ruled that the government can act when religious practices violate criminal laws.
37
Obergefell v. Hodges
The 2015 Supreme Court decision that upheld same sex marriage via 14th amendment equal protection clause; legalized gay marriage.
38
Plessy v. Ferguson
An 1896 Supreme Court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the White and colored races" was constitutional.
39
Roe v. Wade
The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to ban abortion during the third trimester.
40
Schenck v. US
A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
41
Shaw v. Reno
The 1993 Supreme Court decision that ruled against racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
42
Tinker v. Des Moines
The 1969 Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school.
43
Title IX
A law that bans gender discrimination in schools that receive federal funds
44
Voting Rights Act of 1965
A law designed to help end formal and informal barriers to African-American suffrage; helped hundreds of thousands of African Americans register to vote in the US, increasing their representation in the government.
45
Wisconsin v. Yoder
The 1972 Supreme Court decision that held that Amish children do not have to attend school after 8th grade. Placed religious freedom/expression above state interest.
46
15th Amendment
The constitutional amendment adopted in 1870 to extend suffrage to African Americans.
47
19th Amendment
The constitutional amendment adopted in 1920 that guarantees women the right to vote.
48
23rd Amendment
Gives Washington DC electoral college votes as if it were a state (DC still has no representation in Congress)
49
24th Amendment
The constitutional amendment passed in 1964 that declared poll taxes void in federal elections.
50
26th Amendment
Lowered the voting age from 21 to 18
51
Patriot Act
This law passed after 9/11 expanded the tools used to fight terrorism and improved communication between law enforcement and intelligence agencies
52
Letter from a Birmingham Jail
Letters written by MLK encouraging non-violent protest against segregation.
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