P0SI 2320.02 Review Sheet - 1st Exam Dr. Schmidt
Passos
For the 1st Exam, the students should pay special attention to the land mark decision of the Supreme Court covered in class. I will not name all of the cases, but you should be familiar with all the cases mentioned in class. You should know the content of the decision and the Amendment that the case refers to.
Topics covered in class:
US Chapter 4:
1.Framers' goals in the Constitution:
1. creation of a national government (defense and commerce) 2. Preservation of the autonomy of the states (federalism)(changes over time) - didn't want to give up power to federal gov, in beginning states authority was strong, now federal gov power decreased 3. Limited government -- greatest fear was monarchy gov/to lose liberties 4. Representative government -- believed common men should be allowed to participate in office
2. Civil liberties v. civil rights:
Civil Liberties (Chapter 4)- Personal Rights as an individual. 'fundamental individual rights that are constitutionally protected against infringements by government."
Civil Rights (Chapter 5) - Access you have to government functions, voting, etc., protects
different gender, racial, ethnic groups, and they are treated equal to the government.
the right of every person to equal protection under the law and equal access to societies'
opportunities and public facilities"
Federalist and Anti-federalist and the Bill of Rights:
Is the bill or rights necessary?
Anti-Federalist
VS
Federalist
Yes, it is necessary to protect us from tyranny or No, a bill of rights will curtail liberty
Many states do not have a bill of rights and an abstract preposition"-preamble are not tyrannical There are certain "natural rights" Several articles of the constitution already that must be protected protect rights The federal government is removed A bill of rights can be dangerous (the gov from the public may be tempted to regulate those rights) when no power is granted, people remain free to do whatever The colonies were protected by the British bill of rights (1689)
3.Bill of Rights (Amendments and Rights protected in them):
The Bill of Rights: The first 10 amendments of the united starts constitution Originally, the bill of rights only applied to action by the federal government It enumerates the individual rights the federal gov is obliged to protect
AMENDMENTS/RIGHTS 1-6 (basic rights protected)
4.14th Amendment (Due Process and Equal Protection Clauses):
Adopted on July 9th, 1868, one of the reconstructions amendments After civil war, southern states enacted laws denying rights to freed slaves DUE PROCESS CLAUSE" ... Nor shall any state deprive any person, of life, liberty, or property, without due process of the law." EQUAL PROTECTION" ... Not deny to any person within its jurisdiction the equal protection of the laws
5.Selective Incorporation (main cases):
Originally, the bill of rights only applied to federal gov States were not bound by bill of rights; some states have their own Selective incorporation -- the process by which certain rights become applicable through 14th amendment Selective process Gitlow V