FRQ #4
(e) Explain how civil liberties were incorporated by the Supreme Court in the following case: · Mapp v. Ohio -
- illegally seized evidence cannot be used in court (found in the 4th amendment)
Question/intro:
4. The Fourteenth Amendment protects civil rights and civil liberties
(a) Describe the difference between civil rights and civil liberties
Civil rights are positive acts by the government, while civil liberties are protections from the government.
(c) Describe a specific legislative action that extended civil rights to the following: · Women
The 19th Amendment gave the women the right to vote and Title IX prevented discrimination in federally funded education programs.
(c) Describe a specific legislative action that extended civil rights to the following: · Persons with disabilities
The Americans with Disabilities Act (ADA) made it so that public institutions had to accommodate for people with disabilities (example: ramps) (unfunded mandate)
(d) Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties
The Due Process Clause of the 14th amendment is used to extend civil liberties
(b) Identify the primary clause in the Fourteenth Amendment that is used to extend civil rights
The Equal Protection Clause of the 14th amendment is used to extend civil liberties.
(e) Explain how civil liberties were incorporated by the Supreme Court in the following case: · Miranda v. Arizona
must be informed of rights (found in the 5th amendment)
(e) Explain how civil liberties were incorporated by the Supreme Court in the following case: · Gideon v. Wainwright
right to an attorney in criminal cases ("right to counsel", originally in 6th amendment)