22 Comments

  1. During civil rights movements, many marchers, freedom riders, and sit-in participants were beaten or even killed. How did people justify this in their minds????

    What is the difference between substantive and procedural law?

    • 1. states had more sovereignty then, the press was less national, and society accepted it more in some places. It was the publicity of these wrongs that moved the Congress to action.

      2. Substantive law = codified / statutory law, ie., the laws that are enacted in writing by legislatures
      Procedural law = the rules governing how the laws are to be applied; the process of the law and governmental actions

  2. Why was the 1960s the turning point why not the 2000s, 1920s, or even the 1800s? Was that when people started to realize that they were not given complete freedom?

    Why did they pledge to add a bill of rights but did not move towards doing it at the time especially if they found it an imperfection?

  3. 1. The expansion of rights, liberties, and inclusion across society began with the adoption of the Constitution (well, and the long history of the establishment of rights or the principles of human rights leading up to the American Revolution). The Constitution overnight gave guarantees against tyranny to those who were protected by it, essentially white males, generally those with property.
    From there, it is a journey of the expansion of rights across society. The 1830s represented a radical expansion of rights and the suffrage to common, propertyless white males. The 1860s gave the franchise to black males, the 1920s to women, the 1950/60s civil rights movement for people of color, and so on forward into today’s world, as imperfect as it may be.

    • Thinking this over again, JC, I do want to clarify that even in segregated, Jim Crow south in the 1950s/60s, the local governments were losing their ability to impose the racial regime. Both society and law were changing. That the civil rights organizations were able to operate at all during this time was because of the dramatic change in social mores regarding race during the mid 20th century.

    • Peyote is a naturally occurring hallucinogen that is found in a certain cactus. It was used by native Americans across the Southwest for “shaman” (witch doctor) and other ceremonies.

      Peyote and I have never met.

  5. What is a good example of positive governmental action?
    What is the set limit on corporate spending to contribute to campaigns? After the 2010 Citizens United case?

  6. Why is the First Amendment so complex compared to the rest? Is it just more ambiguous, or are people more passionate about it?
    What exactly constitutes cruel and unusual punishment? Does it apply to everyone or are there exceptions?

  7. Are court cases necessary and the most effective way to amend the Constitution/Bill of Rights/Amendments and pass new bills?
    How is the jury chosen for court cases?

  8. 1. So what is the fundamental difference between civil liberties and civil rights?
    2. I’m a bit confused as to the three different ways to interpret the establishment clause. Why are there three ways? Why don’t we just establish one main way?

  9. 1. Were the Jim Crow laws related to the Plessey vs. Ferguson case?
    2. If the government can track everything through new social media and computers, wouldn’t that be infringing on our privacy? Or does the government think that by going on computers and social media we consenting for them to track our every move? Have we every really had the right to our own privacy (to a certain extent)?

  10. 1) what constitutes equal protection under the law under the fourth amendment?

    2) How does the historical context of each of the 27 amendments affect the interpretation of each of these amendments? Should history be consulted in understanding the law? could this result in arbitrary judgment?

  11. 1.How have the “protections if citizen equality provided by the government” been handled in our modern world socially ?
    2.How have civil rights evolved under the “unprivileged” community?
    3. What are the equal terms that lie between public and private institutions? Is this fair?
    4. What would of been the impact if the Bill of rights had never been added to the constitution? Would we still have liberties? Would this have changes our opinion on the government actions?

  12. Is there a point where civil liberties and civil rights can interfere with each other? How?

    “[…] Supreme court restricted student6 speech and press rights even further by defining them as part of the educational process not to be treated with the same standard as adult speech in a regular public forum”. Does this mean that students in private institutions have freedom of speech? This gives the government too much power for controlling people, even in a young age.

  13. 1, Is there a limit on eminent domain? The people almost always lose money or value when the government takes property even with due compensation; is there a limit to the amount of property the government can take from one person?

    2. Why was the Bill of Rights thought only to be reflected on national law and not the states, when the constitution was supposed to be the law of the land?

  15. What was the rational in scotus changing the burden of proof regarding sexual discrimination in the workplace to employers?

    In civil rights the court has been able to use the commerce clause to reach private places, however did that become unnecessary with the Civil Rights Act?

  16. Was it ever stated that the Bill of Rights did or didn’t apply to state governments (before 1833)?

    If a state a self governing body, then couldn’t the 14th amendment be interpreted to give U.S. citizens rights outside of the United States?

  18. How were the Courts able to justify that sexual harassment was a form of sex discrimination?

    Why was Prop 8 even introduced? Why did they want to take away rights of same-sex couples?

  19. 1. The tension between liberty and national security used as evidence against governmental rules, would it be easily controversial in debates over government racket/rule in the wake of 9/11, critically thinking about the future of civil liberties?
    2. In the Supreme court, who is in control? The state government or the national government?

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