Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Civil Liberties One
| Question | Answer |
|---|---|
| 1. Define civil liberties. | Constitutional and other legal protections of individuals against government actions. |
| 2a. Where are CL primarily set down? | The Bill of Rights |
| 2b. What role does the SC play with regards to CL? | It is the final interpreter of the content and scope of our liberties |
| 2c. 1) Explain the role each of the following played in the creation of the US Bill of Rights: ratification of the Constitution | THe state ratifying conventions made the inclusion of the BoR a condition of ratification. |
| 2c. 2)Explain the role each of the following played in the creation of the US Bill of Rights: British colonization | When the BoR was ratified, British abuses of the colonists' CL were still a fresh and bitter memory. |
| 3a. What have political scientists discovered about CL? | People are devotees of rights in theory but that their support often wavers when it comes time to put those rights into practice. |
| 3b. Provide 1 example (What have political scientists discovered about CL) | Americans believe in freedom of speech, but would oppose letting the KKK speak in their neighborhood or allowing schools to teach about atheism or homosexuality. |
| 4a. What LEVEL of government was the Bill of Rights written to restrain/limit its power? | National government |
| 4b. Why was this (What LEVEL of government was the Bill of Rights written to restrain/limit its power?) the case? | Because Americans were comfortable with their state governments; every state had its own bill of rights. |
| 5. What did the SC decide about the BoR in Barron v. Baltimore? | The Court restrained only the national government and not the states and cities (if a state passes a law violating one of the rights protected by the federal BoR and the states const. does not prohibit it). |
| 6. What did the SC decide about the BoR in Gitlow v. New York? | The Court ruled that a state government must respect some First Amendment rights. |
| 7. What four great liberties are found in the First Amendment? | religion, speech, assembly, petition |
| 8a. What Amendment was used in the Gitlow case? | 14th Amendment |
| 8b. What role did it (What Amendment was used in the Gitlow case?) play in the reversal of Barron? | These liberties were fundamental personal rights protected by the due process clause of the 14th Amendment from impairment by the states, so states could not abridge the freedoms of expression protected by the 1st Amendment. |
| 9a. Explain the due process clause of the 14th Amendment | Guaranteed that persons cannot be deprived of life, liberty, or property by the US or state governments without due process of law. |
| 9b. What LEVEL of government does the 14th Amendment primarily restrain? | State governments |
| 10a. Define the incorporation doctrine (also called selective incorporation) | The legal concept under which the SC has nationalized the BoR. |
| 10b. What does nationalizing the BoR mean? | By making most of its provisions applicable to the states through the 14th Amendment. |
| 10c. How has the nationalizing of the BoR been a gradual process? | The SC applied most of the BoR to states in the 1960s. Many of the decisions that nationalized provisions of the BoR were controversial. Only the 3rd and 7th Amendments have not been applied to the states. |
| 10d. "Today" what does the BoR guarantee? | Individual freedoms against infringement by state and local governments as well as by the national government. |
Created by:
Matti
Popular AP Comparative Gov. sets