Rights Flashcards

1
Q

Right

A
  • A power or privilege that a person has a just claim to (subjective), that belongs to a person by law (right supplied by law), or nature or tradition
  • Right can be natural, but must be recognized by law
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2
Q

Legal Rights (Created by Government)

A
  • Protected by law
  • No right without remedy
  • Does not legally exist unless other people are required to respect that right and held responsible if violated
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3
Q

Bill of Rights

A

-First 10 Amendments to US Constitution and were adopted in 1791

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4
Q

Civil Liberties

A

1) The Bill of Rights
2) Legal constitutional protections against government
3) Limitation ons government power: What government CAN’T do

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5
Q

Civil Rights

A

1) 14th Amendment
2) What government must do to ensure equal protection
3) Protects against discrimination
4) REQUIRES government action

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6
Q

Selective Incorporation of Bill of Rights

A
  • Should Bill of Rights apply to state government??

- Bill of Rights was written to protect citizens from national government

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7
Q

Barron v. Baltimore (1833)

A
  • Bill of Rts. only applied to national government; not states
  • Over time, liberties protected selectively incorporated to states through 14th Amend.
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8
Q

Gitlow v. New York (1925)

A
  • 1st Supreme Ct. Case to “selectively incorporate” part of Bill of Rights
  • Used 14th Amendment
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