psc150exam - Nick Fortune December 11, 2006 Final Exam...

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Nick Fortune December 11, 2006 Final Exam PSC-150 I. Chapter 16 Civil Liberties A. Define Terms: a. Balancing doctrine: The principle enunciated by the courts that freedom of speech must be balanced against other competing public interests at stake in particular circumstances. b. Civil liberties: Fundamental freedoms that together preserve the rights of a free people. c. Clear and present danger doctrine: The principle that people should have complete freedom of speech unless their language endangers their nation d. Libel: False statement defaming another e. Fighting words doctrine: The principal endorsed by the Supreme Court in Chaplinsky v. New Hampshire (1942), that some words constitute violent acts and are therefore not under the First Amendment f. Fundamental freedoms doctrine: Court doctrine stating that laws impinging on the freedoms that are fundamental to the preservation of democratic practice are to be scrutinized by the courts more closely than other legislation g. Obscenity: Public offensive language or portrayals with no redeeming social value h. Right of privacy: Right to keep free of government interference those aspects of one’s personal life that does not affect others i. Selective incorporation: The case-by-case incorporation, by the courts, of the Bill of Rights into due process clause of the Fourteenth Amendment j. Tyranny of the majority: Stifling of dissent by those voted into the power by the majority B. List and Describe: 1. The first origin of civil liberties was the Bill of Rights. The Declaration of Independence asserted fundamental rights to life and many states incorporated similar principles in their constitutions and statutes. When the Constitution was revised, it included explicit protection for individual civil liberties. The second origin of civil liberties is the fact that there were few before the Civil War. The Bill of Rights did not apply to the states until after the war. Until the end of the war the Bill of Rights was primarily used to justify continued enslavement. The final origin of civil liberties was applying the Bill of Rights to State Governments. This was done by enforcing the due process clause as well as the idea of selective incorporation.
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2. The three elements of Freedom of Religion are the establishment of religion clause, the free exercise of religion clause and the separation of church and state doctrine. The establishment of religion clause is a clause that denies the government the power to establish any single religious practice as superior. The free exercise of religion clause protects the rights of individuals to practice their religion without government interference. Finally the separation of church and state doctrine states a wall should separate the government from religious activity. 3.
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psc150exam - Nick Fortune December 11, 2006 Final Exam...

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