Exam 2 Review - PoliSci Test 2 Notes 1 Notes Civil Liberty...

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PoliSci Test 2 Notes 1 Notes Civil Liberty o Not denied in the constitution o Refers to political freedom Civil Right o Equality under the law Hobbesian Argument o In constitution there is specific limits placed on the states/congress, by doing this you are restricting will of majority of the citizens. o Then getting reelected is more important than you. o Best way to protect this is through courts Liberal Democracy o Majority rule is balanced with legal protection for minority rights o The national majority does not have unlimited rights under the constitution Almost every state restricted itself with a constitution o All except South Carolina had a bill of rights US bill of rights is written in a “shall” language compared to the states that are written in “ought” o Shall language don’t list exceptions o Legally it is easier to lost the prohibitions on government action than to list the liberties they do have Bill of rights o To make the bill of rights workable they had to ditch the idea of reading the bill of rights literally and by doing this they increased individual rights Incorporation o Refers to taking a prohibition against federal power in the bill of rights and applying it to restrict the powers of state government o Gitlow vs. NY (1925) First case that supreme court ruled that a fundamental right can not be restricted by state or federal government o Selective incorporation in the bill of rights Incorporation means that a right has been determined to be fundamental so government at any level can not violate with out good reason Selective or Selective incorporation means the court will consider it on a case by case basis Amendments o Amendment One Freedom of speech, religion, the free exercise of religion, press, assembly and
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This note was uploaded on 09/28/2011 for the course POLS 1337 taught by Professor Barnes during the Fall '08 term at University of Houston.

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Exam 2 Review - PoliSci Test 2 Notes 1 Notes Civil Liberty...

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