Constitutional Framework (AQA A-Level Politics): Flashcards

📚Flashcards
Civil Liberties and Rights
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Year Bill of Rights added to Constitution

1791

First Amendment: three main freedoms protected

Speech/expression, press, religion

Fifth Amendment right (informal name)

Right not to incriminate oneself ('pleading the fifth')

Three groups lacking specific constitutional protection

People with disabilities, children, LGBTQ+ Americans

Social rights NOT in US Constitution

Education, healthcare, housing

Schenck v US (1919): legal test established

Clear and present danger test

Morse v Frederick (2007) case subject

School speech regulation (student banner case)

Examples of elastic clauses in Constitution

Equal protection, cruel and unusual punishment

What unprotected groups rely on for rights

Congressional legislation or state laws

Death penalty: US vs European democracies

US permits it; no European democracies do

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