Chapter 5 Govt 1

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 c. Religion 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