Constitutional Protections: Balancing Liberty and Order

Civil Liberties

Constitutionally established guarantees protecting citizens from arbitrary government interference.

Civil Rights

Government acts designed to protect groups from discrimination and ensure equal treatment.

Due Process Clause

Part of the 14th Amendment; ensures states do not deprive individuals of life, liberty, or property without legal process.

Equal Protection Clause

Part of the 14th Amendment; mandates that states offer equal protection under the law.

Selective Incorporation

The process by which the Supreme Court applies the Bill of Rights to the states gradually.

Engel v. Vitale

Key case ruling that state-sponsored prayer in public schools violates the Establishment Clause.

Establishment Clause

Prohibits the government from establishing an official religion or favoring one religion over another.

Free Exercise Clause

Protects citizens' rights to believe and practice their religion, as long as it does not violate valid laws.

Tinker v. Des Moines

Established that students do not lose free speech rights at school unless it disrupts the educational process.

Schenck v. United States

Established that speech creating a 'clear and present danger' is not protected.

New York Times Co. v. United States

Ruled against prior restraint; affirmed press freedom to publish without government censorship.

Second Amendment

Protects the right of the people to keep and bear arms.

McDonald v. Chicago

Applied the Second Amendment rights to the states through the 14th Amendment.

Fourth Amendment

Protects against unreasonable searches and seizures.

Exclusionary Rule

Prohibits the use of illegally obtained evidence in court.

Fifth Amendment

Includes rights against self-incrimination and double jeopardy.

Miranda Rule

Requires police to inform suspects of their rights during arrest.

Gideon v. Wainwright

Ruled that the Sixth Amendment's right to counsel applies to state courts.

Eighth Amendment

Prohibits excessive bail and cruel and unusual punishment.

Roe v. Wade

Extended the right of privacy to a woman's decision to have an abortion.

Letter from a Birmingham Jail

MLK's argument for civil disobedience against unjust laws.

Brown v. Board of Education

Ruled that separate educational facilities are inherently unequal.

Civil Rights Act of 1964

Banned discrimination in public accommodations and employment.

Voting Rights Act of 1965

Banned literacy tests and aimed to increase voter registration among Black citizens.

Title IX

Prohibits sex-based discrimination in federally funded education programs or activities.

Affirmative Action

Policies to increase minority representation and correct past discrimination.

Imminent Lawless Action

Current standard for banning speech that incites immediate violence.

Clear and Present Danger

Old standard for limiting speech; now narrowed to imminent lawless action.

Probable Cause

A reasonable basis for believing that a crime may have been committed, needed for warrants.

Digital Privacy

The Fourth Amendment protects individuals' digital information; warrants often required for data.

Grand Jury

Group that must indict in federal cases before prosecution.

Self-Incrimination

Right of individuals to refuse to answer questions that may incriminate them.

Penumbras

Implied rights derived from explicitly stated rights in the Constitution.

Commerce Clause

Used to justify broader federal powers, including civil rights legislation.

Disappointment with White Moderates

MLK's critique of those prioritizing order over justice during Civil Rights struggles.

Good Faith Exception

Allows illegally obtained evidence if police believed they were acting under a valid warrant.

Material and Substantial Disruption

Standard for schools when determining if student speech can be regulated.

Race-based Admissions

Helps determine if policies favoring minority representation comply with the Equal Protection Clause.

Fourteenth Amendment

Constitutional basis for civil rights legislation and equal protection under the law.

Mapp v. Ohio

Case establishing the Exclusionary Rule at the state level.

Lemon Test

Standards for determining if government action violates the Establishment Clause.

RAPPS

A mnemonic for First Amendment rights: Religion, Assembly, Press, Petition, Speech.