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
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
3
Q
Bill of Rights
A
-First 10 Amendments to US Constitution and were adopted in 1791
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
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
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
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.
8
Q
Gitlow v. New York (1925)
A
- 1st Supreme Ct. Case to “selectively incorporate” part of Bill of Rights
- Used 14th Amendment