Chapter 4 - Study Guide

Chapter 4 - Study Guide - POLS 101I-American National...

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POLS 101I-American National Government Hagan Chapter Four Civil Liberties: Protecting Individual Rights Learning Objectives Having read the chapter, the students should be able to do each of the following: 3536. Explain why issues of constitutional individual rights or civil liberties have become more complex in contemporary times. 3537. Trace the evolution of the Supreme Court’s interpretation of the right of free expression through both the early and modern periods. Important concepts such as the preferred position doctrine, prior restraint, libel, and slander should also be understood. Discuss the extension of its guarantees to state governments through the Fourteenth Amendment. 3538. Distinguish between procedural and substantive due process. Outline the historical development of the federal judiciary’s application of due process protections. 3539. Review key Supreme Court decisions relating to the right of privacy. 3540. Discuss the significance of the establishment and free exercise clauses in relation to freedom of religion. 3541. Explain how the rights of the accused have been protected through Supreme Court rulings. 3542. Summarize the role of the courts in a free society. Focus and Main Points The author focuses on civil liberties issues in this chapter. He examines a range of specific individual rights and their evolution over time. These rights include freedom of speech, religion, and privacy. However, these rights are constantly being balanced against competing individual rights and society’s collective interests, making these increasingly complex and important in contemporary American politics. The main points of this chapter are as follows: Freedom of expression is the most basic of democratic rights. Like all rights, however, it is limited. Free expression recently has been strongly supported by the Supreme Court. Due process of law refers to legal protections (primarily procedural safeguards) that are designed to ensure that individual rights are respected by government. During the last half century in particular, the civil liberties of individual Americans have been substantially broadened in law and given greater judicial protection from action by all levels of government. Of special significance has been the Supreme Court’s use of the Fourteenth Amendment to protect individual rights from action by state and local governments. Individual rights are constantly being weighed against the demands of majorities and the collective needs of society. All political institutions are involved in this process, as is public opinion. It is the judiciary that plays the central role in it and is the institution that is most partial to the protection of civil liberties. Chapter Summary
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This note was uploaded on 10/10/2011 for the course POLS 101 taught by Professor Hamilton,t during the Summer '08 term at College of Southern Idaho.

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Chapter 4 - Study Guide - POLS 101I-American National...

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