Define These United States Bill of Rights Flashcards

- the first 10 amendments of our constitution

at the ratification

- They considered 12 but adopted 10

- the bill of rights only protects you from the federal government

- passed in 1868- = protection of newly freed slaves; speaks to the states, “no state…” for the first time they are telling the states that there are certain protections that exist among everyone regardless of what state they inhabit

- Gitlow vs. NY 1925- Shank vs US 1919- Plessy vs. Fergurson 1895

- Establishing Bill of Rights
- Gitlow was a radical that was opposed to the way NY was being run and advocated the overthrow of the gov of NY- First time the court says that you can seek protection from the Bill of Rights.

- Expanding the scope of our liberties - Shank gave speeches encouraged young men to refuse to be drafted into the war

- The revolution of civil rights- civil liberties are liberies from the gov but civil right are a call for the gov to act for you to bring back citizenship and protect liberties to which we are entitled to
- Plessy was a black man who got tired of riding the back of the bus and ferguson was a bus driver; separate but equal, state was authorized to mandate the separation of races; Jim Crow Laws enforced separate but equal doctrine

- separation by its nation is unequal and end segregation in schools

- Standard to evaluate cases by the supreme court/ then presumption and/ than the other party must bear the burden of proof

Gov could limit speech in any way that was reasonable/ therefore they had a presumption that the gov had been reasonable /and the individual had the burden to prove that the gov had been unreasonable

neutrality where the gov must show that there was a clear and present danger while being neutral

That the individual can say anything they want to/gov must show compelling reason