First Freedoms Constitutional Rights - WHAT RIGHTS DOES CONSTITUTIONAL LAW PROTECT?
7 important questions on First Freedoms Constitutional Rights - WHAT RIGHTS DOES CONSTITUTIONAL LAW PROTECT?
What are the two groups into which constitutional rights can be separated?
- Process rights: Concern governmental procedures in individual cases.
- Substantive rights: Define individual freedoms that cannot be invaded by the government.
What do process rights entail regarding governmental actions?
- Fair procedures in governmental actions towards individuals.
- Examples include the right to due process of law and equal protection of the laws.
How has the constitutional law of equal protection evolved?
- The civil rights movement.
- Demands for equal treatment from various groups: women, ethnic minorities, and LGBT people.
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What are the two general purposes of substantive rights?
- Enable participation in society and the political process.
- Protect individual well-being, integrity, and personal expression.
What was the purpose of the Bill of Rights when added to the Constitution?
- Protect individuals against the federal government.
- Initially, it did not apply to state actions.
What significant amendments were added after the Civil War, and what did they ensure?
- Abolished slavery.
- Ensured voting rights and equal protection.
- Extended due process to states.
How did the Supreme Court approach the incorporation of the Bill of Rights to the states?
- Evaluates each provision of the Bill of Rights.
- Integrates fundamental principles into the Fourteenth Amendment.
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