Objective 1: Explain the guarantees of civil liberties in the Constitution and the process by which these guarantees became binding on state governments. 1. Summarize the protections guaranteed by the Bill of Rights. a. Freedom of expression
b. Rights of the accused
d. Bear arms
e. Civil liberties
2. What other protections are guaranteed by the Constitution in addition to those found in the Bill of Rights? f. Habeas corpus
g. Ex post facto
3. Why did the Federalists believe that a Bill of Rights was unnecessary? h. The felt that the articles of the Constitution contained specific guarantees of liberty i. States already had bill of rights
j. It was risky
i. If rights were specified, then other unspecified actions wouldn’t be considered rights 4. Explain the incorporation process.
k. Originally the bill of rights was thought to only be applied to federal action l. It was applied to the states through the 14th amendment m. It is done by selective incorporation
5. What is meant by selective incorporation?
n. The process by which protections in the Bill of Rights were gradually applied to the states, as the Supreme Court issued decisions on specific aspects of the Bill of Rights 6. What is meant by denationalization?
o. Reduced federal protection in certain topic areas that allows states more freedom in their policies p. Ex. Abortion rights
Objective 2: Describe the different standards by which the Supreme Court has determined whether restrictions on freedom of speech are acceptable. 1. Explain the Supreme Court’s position on hate speech. a. Is protected as long as it is not designed to intimidate and make specific targets fear for their life 2. Differentiate between the presumed reasonableness standard, the clear and present danger standard, the gravity of the danger standard, and the preferred position standard. b. Prior restraint: government intervention to prevent the publication of material it finds objectionable c. Bad tendency standard: a free speech standard which took as its starting point a presumption that the government restrictions on speech were reasonable and constitutions, thus leaving the burden of proof to those who objected to the restriction d. Clear and present danger standard: used in free speech cases, this standard permitted government restrictions on speech if public officials believed that allowing the speech created a risk that some prohibited action would result from the speech e. Gravity of the danger standard: a free speech standard in which the supreme court allowed restrictions on speech if the danger espoused by the speech was sufficiently evil, even if unlikely to occur f. Preferred position: idea endorsed by the supreme court that protections of first amendment rights predominates over other rights 3. Which categories of speech are regularly protected by the Supreme Court, and which categories can generally be restricted? g. Restricted:
i. Fighting words
iii. Commercial speech
iv. Student speech
Objective 3: Explain how the Supreme Court has interpreted cases regarding government establishment of religion and cases concerning the right of individuals to practice their faith, and how Congress has reacted to the Court’s actions. 1. Explain the establishment clause and the free exercise clause found in the First Amendment. a. Establishment clause: federal government cannot establish an official religion, preferring non religion over religion, or treating one religion better than another b. Free exercise clause: prohibits government from interfering with individuals’ practice of their religion 2. How does the Supreme Court use the Lemon test to decide cases...
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