Study Guide for Chapter 5

 

Section

What to Study

1
  • The Schenck v US case.
2

 

 

  • The difference between Civil Rights and Civil Liberties.
    • Civil Liberties are natural rights, from nature and creation:
      •  Freedom of speech, religion, press, assembly.
    • Civil Rights are rights provided by government:
      • voting, trial by jury, right to counsel, right to due process.
  • The 14th Amendment: states can't deny "equal protection of the laws." (Known as the Equal Protection Clause.)
    • But Plessy v. Ferguson allowed states to continue to discriminate.
  • INCORPORATION. The process that allowed the Bill of Rights to be applied against state actions, not just federal laws and action.
    • Basically, the Supreme Court began interpreting the 14th Amendment "equal protection clause" to mean that the freedoms of the Bill of Rights could limit state laws and state actions.
    • In this way individual rights were given protection against state, not just federal actions: 
      • For example in 1925, Gitlow v. US, the Supreme Court said that state actions could be overturned if they limited free speech.
  • Brown v. Board, 1954, overturned Plessy v. Ferguson. Separate facilities are inherently UNEQUAL.
3
  • Know the cases in Notebook Assignment #12, and the basic issues involved, and how the decisions were decided. (This is most of the cases mentioned in section 3.)
4
  • Know the 2nd, 3rd, and 4th Amendments and the rights they give you and all Americans, and the Supreme Court cases involved: Miller, Katz, Terry.
5
  • Know your rights in the legal system, that come to you in the 5th, 6th, 7th and 8th Amendments, and the Supreme Court cases involved: Miranda, Gideon, Sheppard. Also Takings Clause, double jeopardy, and 5th Amendment protection against self-incrimination, bail and capital punishment.
6
  • Know the 9th and 10th Amendments, which have to do with the right to privacy (9th) and powers the States have (10th). Know Griswold.