Chapter 4 Homework.docx - Week#4 Homework Questions Name...

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Week #4 Homework Questions Name Logan Pingree Civil Liberties We the People : Chapter 4 1. What are “civil liberties” and where are these found in the U.S. Constitution? What is meant by the “nationalization” of the Bill of Rights and how did this come about? Civil liberties are the protection from improper government actions including restraining government power and the right to an open trial before a person is deprived their liberty. These can all be found in the first 10 amendments (Bill of Rights). The nationalization of the Bill of Rights was the incorporation of it into the Fourteenth Amendment. This was because there were different policies applying to state vs. national government that were unequal. Many of the provisions were used nationally. 2. Examine the 15 civil liberties listed on pages 118-119. Is it appropriate that the federal courts have imposed a single standard for all 15 of these liberties on the fifty states? Or, should some of the 15 have been left to state courts to define? Explain your reasoning. I believe that the idea of imposing them on all fifty states is a good idea although not all of them should be applied. One that sticks out is the Mapp v. Ohio case where her conviction was overturned because of lack of warrant even though they found several illegal materials. On this level, I believe it’s the state’s decision to what can be punished or not, especially after seizing illegal goods. 3. At first glance, the freedoms clarified in the First and Second Amendments seem straightforward. However, the application of these rights has always been controversial. Relate how and why each of these freedoms has been the subject of considerable debate. (a) First Amendment: religion - This could become problematic when religious beliefs get in the way of national “beliefs” such as the case where children of Jehovah’s Witnesses did not stand for the national anthem. This is contradictory to the rule that any student who does not stand must be expelled. This is an example, but many more overlapping beliefs and standards occur that cause problems.
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