Glossary
14th Amendment
An amendment ratified in 1868 that granted citizenship to all persons born or naturalized in the U.S., and contains the Due Process and Equal Protection Clauses.
Example:
The 14th Amendment was crucial after the Civil War to ensure former slaves had equal rights and protections under the law.
Affirmative Action
Policies designed to address past and present discrimination by giving preferential treatment to historically disadvantaged groups in areas like employment and education.
Example:
A university might consider race as one factor among many in its admissions process as part of an affirmative action program to promote diversity.
Bill of Rights
The first ten amendments to the U.S. Constitution, guaranteeing fundamental individual liberties and limiting the power of the federal government.
Example:
The Bill of Rights ensures protections like freedom of speech and the right to bear arms for all citizens.
Brown v. Board of Education
A landmark 1954 Supreme Court case that declared state-sponsored segregation in public schools unconstitutional, overturning "separate but equal."
Example:
The Brown v. Board of Education decision mandated the desegregation of public schools across the United States, though implementation was slow.
Civil Liberties
Constitutional protections that shield individuals from government interference, ensuring personal freedoms.
Example:
Freedom of speech and the right to privacy are examples of civil liberties that protect individuals from government overreach.
Civil Rights
Rights that protect individuals from discrimination by governments or private entities, ensuring equal treatment under the law.
Example:
The right to vote regardless of race or gender is a fundamental civil right that ensures all citizens have an equal say in their government.
Civil Rights Act of 1964
A landmark federal law that outlawed discrimination based on race, color, religion, sex, or national origin, ending segregation in public places and employment.
Example:
The Civil Rights Act of 1964 made it illegal for restaurants and hotels to refuse service to people based on their race.
Clear and Present Danger
A legal test established in *Schenck v. US* that allows the government to restrict speech if it poses an immediate and serious threat to public safety or national security.
Example:
Shouting "fire!" in a crowded theater when there is no fire, causing a panic, would likely not be protected speech due to the clear and present danger it creates.
Cruel and Unusual Punishment
A prohibition under the Eighth Amendment that prevents the government from inflicting excessive bail, excessive fines, or punishments that are unduly harsh or inhumane.
Example:
The Supreme Court has used the concept of cruel and unusual punishment to limit the application of the death penalty, especially for minors or those with intellectual disabilities.
Due Process Clause
A clause in the 5th and 14th Amendments that prohibits governments from depriving any person of life, liberty, or property without fair legal procedures.
Example:
The Due Process Clause ensures that if the government wants to take your property for public use, they must follow proper legal steps and provide just compensation.
Engel v. Vitale
A landmark 1962 Supreme Court case that ruled school-sponsored prayer in public schools unconstitutional, violating the Establishment Clause.
Example:
The Engel v. Vitale decision means that public schools cannot lead students in prayer, even if the prayer is non-denominational.
Equal Protection Clause
A clause in the 14th Amendment that prohibits states from denying any person within their jurisdiction the equal protection of the laws.
Example:
The Equal Protection Clause was central to the Supreme Court's decision in Brown v. Board of Education, which outlawed racial segregation in public schools.
Establishment Clause
The First Amendment clause that prohibits the government from establishing or endorsing a religion, ensuring a separation of church and state.
Example:
A public school cannot require students to participate in a daily prayer, as this would violate the Establishment Clause.
Exclusionary Rule
A legal principle, derived from the Fourth Amendment, that prohibits the use of illegally obtained evidence in a criminal trial.
Example:
If police search a home without a warrant and find incriminating evidence, that evidence cannot be used in court due to the Exclusionary Rule.
Free Exercise Clause
The First Amendment clause that protects individuals' right to practice their religion freely, as long as it does not violate laws or harm others.
Example:
The Free Exercise Clause allowed Amish families in Wisconsin v. Yoder to remove their children from public school after eighth grade due to their religious beliefs.
Freedom of Religion
The First Amendment right encompassing two clauses: the Establishment Clause and the Free Exercise Clause, protecting individuals' right to practice their faith and preventing government endorsement of religion.
Example:
The freedom of religion allows individuals to choose their own faith or no faith at all, without government interference or coercion.
Freedom of Speech
The First Amendment right to express one's opinions and ideas without fear of government censorship or retaliation, though it is not absolute.
Example:
Students wearing armbands to protest a war, as in Tinker v. Des Moines, is an example of protected freedom of speech.
Freedom of the Press
The First Amendment right protecting the ability of newspapers, magazines, and other media to publish information without government censorship or prior restraint.
Example:
The freedom of the press allows journalists to report on government actions, even if critical, without fear of being shut down.
Gideon v. Wainwright
A landmark 1963 Supreme Court case that ruled the Sixth Amendment's right to counsel applies to state criminal cases, requiring states to provide attorneys for indigent defendants.
Example:
Thanks to Gideon v. Wainwright, even if you cannot afford a lawyer, the state must provide one for you in a criminal trial.
Letter from a Birmingham Jail
A foundational document written by Martin Luther King Jr. in 1963, defending the strategy of nonviolent resistance against racism and injustice.
Example:
In his “Letter from a Birmingham Jail”, Martin Luther King Jr. eloquently argued that individuals have a moral responsibility to break unjust laws.
McDonald v. Chicago
A 2010 Supreme Court case that incorporated the Second Amendment's right to bear arms to the states, limiting state and local governments' ability to enact gun control laws.
Example:
After McDonald v. Chicago, a city could not completely ban handgun ownership, as the Second Amendment was now applied to the states.
Miranda v. Arizona
A landmark 1966 Supreme Court case that established the "Miranda warnings," requiring law enforcement to inform suspects of their Fifth Amendment rights before questioning.
Example:
Before police questioning, suspects must be read their Miranda v. Arizona rights, including the right to remain silent and the right to an attorney.
Natural Rights
Inherent rights possessed by all individuals, not granted by government, but rather fundamental to human existence.
Example:
The Declaration of Independence asserts that all people are endowed with unalienable rights, including life, liberty, and the pursuit of happiness, which are considered natural rights.
New York Times v. US
A landmark 1971 Supreme Court case that ruled the government could not prevent the *New York Times* from publishing the Pentagon Papers, reinforcing the prohibition against prior restraint.
Example:
The New York Times v. US decision made it very difficult for the government to stop the publication of classified information, unless it posed an immediate and grave danger to national security.
Prior Restraint
Government censorship of information before it is published or broadcast, which is generally presumed unconstitutional under the First Amendment.
Example:
The government attempting to stop a newspaper from printing a story before it goes to press would be an act of prior restraint.
Schenck v. US
A 1919 Supreme Court case that established the "clear and present danger" test, allowing limits on speech that incites violence or threatens national security.
Example:
The Schenck v. US ruling meant that distributing pamphlets urging resistance to the draft during wartime was not protected speech because it posed a "clear and present danger."
Selective Incorporation
The Supreme Court's process of applying provisions of the Bill of Rights to state governments through the 14th Amendment's Due Process Clause.
Example:
Through selective incorporation, the Supreme Court made the Second Amendment applicable to the states in McDonald v. Chicago, preventing states from enacting overly restrictive gun laws.
Symbolic Speech
Nonverbal communication that expresses an idea or opinion, often protected under the First Amendment.
Example:
Burning an American flag as a form of protest is considered symbolic speech and is generally protected under the First Amendment.
Tinker v. Des Moines
A landmark 1969 Supreme Court case that ruled students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Example:
The Tinker v. Des Moines decision affirmed that students could wear black armbands to protest the Vietnam War, as long as it didn't cause a substantial disruption.
Title IX of the Education Amendments Act of 1972
A federal law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.
Example:
Title IX of the Education Amendments Act of 1972 significantly increased opportunities for women in collegiate sports by requiring equal funding and facilities.
Voting Rights Act of 1965
A landmark federal law that aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote.
Example:
The Voting Rights Act of 1965 outlawed literacy tests and other discriminatory practices that had historically disenfranchised Black voters.
Wisconsin v. Yoder
A 1972 Supreme Court case that ruled the Free Exercise Clause protected Amish parents' right to remove their children from public school after eighth grade for religious reasons.
Example:
The Wisconsin v. Yoder ruling affirmed that the state's interest in compulsory education was outweighed by the Amish community's religious freedom.