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Section 4: US Pol
The U.S. Courts and Civil Rights and Liberties
| Term | Definition |
|---|---|
| Civil Liberties | Individual legal and constitutional protections from government interference, guaranteed primarily by the Bill of Rights (e.g., freedom of speech). |
| Due Process Clause | Found in the 5th and 14th Amendments, it guarantees that the government cannot deprive a person of life, liberty, or property without following fair, legal procedures and safeguards. |
| Establishment Clause | Part of the First Amendment that prohibits the government from establishing or endorsing a national religion ("separation of church and state"). |
| Exclusionary Rule | A judicial rule holding that evidence obtained illegally (in violation of the Fourth Amendment's protection against unreasonable search and seizure) cannot be used in a criminal trial. |
| Fighting Words | Speech that is directed at an individual and is likely to provoke a fight; this is a category of speech that is not protected by the First Amendment. |
| Free Exercise Clause | Part of the First Amendment that guarantees citizens the right to practice their religion as they choose, without government interference |
| Miranda Rights | Rights that must be read to a suspect before police questioning if the suspect is in custody, including the right to remain silent and the right to an attorney (from Miranda v. Arizona). |
| Obscenity | A category of sexual material that is not protected by the First Amendment, defined by the Miller Test as lacking serious literary, artistic, political, or scientific value. |
| Right to Privacy | The right to be left alone by the government, often applied to intimate decisions (like birth control and abortion). Although not explicitly named in the Constitution, it is inferred from several amendments (Griswold v. Connecticut). |
| Selective Incorporation | The judicial doctrine that applies the rights contained in the Bill of Rights to the states on a case-by-case basis via the 14th Amendment's Due Process Clause. |
| Symbolic Speech | Actions or symbols, rather than words, that are performed to convey a particular message or political statement (e.g., flag burning); generally protected by the First Amendment. |
| Warrant | A legal document, issued by a judge, authorizing a police officer or other body to make an arrest, search, or seizure. Required by the Fourth Amendment for most searches. |
| Affirmative Action | Policies designed to redress past discrimination against minority groups and women by taking race or gender into account in admissions or hiring decisions. |
| Civil Rights | Policies and protections that guarantee individuals freedom from discrimination and ensure equal treatment under the law, often based on race, gender, religion, etc. |
| De Facto Segregation | Segregation that exists "by fact" or in reality, resulting from housing patterns, economic status, or customs, rather than by law (e.g., segregated neighborhoods). |
| De Jure Segregation | Segregation that is mandated by law and official government policy (e.g., Jim Crow laws requiring separate schools). |
| Equal Protection Clause | Found in the 14th Amendment, it states that no state shall deny to any person within its jurisdiction the equal protection of the laws. This is the constitutional basis for civil rights. |
| Intermediate Scrutiny | A middle level of judicial review used in equal protection cases, typically involving classifications based on gender. The law must be substantially related to an important government purpose. |
| Rational Basis Test | The lowest level of judicial review; the government must show that the classification in question is rationally related to a legitimate government interest. Used for non-suspect classifications (e.g., age, income). |
| Strict Scrutiny | The highest and most difficult level of judicial review; used for classifications based on race or fundamental rights. The government must show the law is necessary to achieve a compelling government interest. |
| Plessy v. Ferguson (1896) | Upheld the constitutionality of racial segregation laws for public facilities under the doctrine of "separate but equal." |
| Brown v. Board of Education (1954) | Overturned Plessy v. Ferguson, ruling that state-sponsored segregation of public schools was unconstitutional because "separate educational facilities are inherently unequal." |
| Griswold v. Connecticut (1965) | Established the constitutional right to privacy for marital couples, paving the way for the right to use contraceptives. The right was found in the "penumbras" (implied rights) of the Bill of Rights. |
| Miranda v. Arizona (1966) | Ruled that criminal suspects must be informed of their Fifth Amendment rights (to remain silent and to an attorney) prior to any police questioning while in custody (Miranda Rights). |
| Roe v. Wade (1973) | Established a constitutional right to abortion, based on the right to privacy, protecting a woman's decision during the first trimester. |
| Dobbs v. Jackson (2022) | Overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion, thereby returning the authority to regulate or ban abortion to the individual states. |
| Students for Fair Adm. v. UNC (2023) | Ruled that the use of race-based affirmative action in college admissions is unconstitutional under the Equal Protection Clause of the 14th Amendment. |
| Amicus Curiae | Latin for "friend of the court"; a brief filed by an individual or group not directly involved in the lawsuit but who has an interest in the outcome, offering additional information to the court. |
| Appellate Jurisdiction | The authority of a court to review decisions made by lower courts. The Supreme Court primarily operates under this jurisdiction. |
| Brief | A written legal document presented to a court by lawyers arguing the legal and factual reasons why their client should prevail. |
| General Jurisdiction | The power of a court to hear any type of case (civil or criminal) that is not specifically reserved for another court. |
| Discretionary Jurisdiction | The authority of a court, like the U.S. Supreme Court, to choose which cases it wants to hear (e.g., through granting a Writ of Certiorari). |
| Judicial Review | The power of the courts, especially the Supreme Court, to review and invalidate acts of the legislative or executive branches if they are found to violate the Constitution. |
| Limited Jurisdiction | The power of a court to hear only certain types of cases, such as traffic court, juvenile court, or small claims court. |
| Mandatory Jurisdiction | The requirement for a court to hear all cases filed that fall within its jurisdiction (now rare for the Supreme Court). |
| Marbury v. Madison | 1803 Supreme Court case that formally established the principle of Judicial Review. |
| Original Jurisdiction | The authority of a court to be the first court to hear a case. The Supreme Court has original jurisdiction in limited circumstances (e.g., disputes between states). |
| Stare Decisis | Latin for "let the decision stand"; the legal principle of following precedent established in previous judicial decisions. It promotes stability and consistency in the law. |
| Statutory Interpretation | The judicial task of determining the meaning and application of laws passed by a legislature (statutes). |
| U.S. Reports | The official, government-published record of all the opinions and rulings of the Supreme Court of the United States. |
| Writ of Certiorari | A formal order issued by the Supreme Court to a lower court, requesting the records of a case for review. Granting this writ signals the Court's decision to hear the case. |
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