PLSI 552 Question and answers verified to pass
13 TH amendment - correct answer Constitutional Amendment that ended slaver and involuntary servitude. Enforcement clause let it be enforceable to the states and federal government
14th Amendment - correct answer Due process clause equal prot...
PLSI 552 Question and answers verified
to pass
13 TH amendment - correct answer ✔Constitutional Amendment that ended
slaver and involuntary servitude. Enforcement clause let it be enforceable to
the states and federal government
14th Amendment - correct answer ✔Due process clause equal protection
clause and privileges and immunities clause because of belko means nothing.
Two types of due process substantive and procedural. " no shall any state
deny any person the equal protection of the law" Enforceable through the
enforcement clause Congress shall have the power to enforce this by
appropriate legislation by the provisions of this article.
14th Amendment violations - correct answer ✔Must meet three specific
criteria. for a violation to occur. 1. State 2. Person 3. equal protection. all three
must be present for an equal protection violation to occur.
State defined basic element "state" - correct answer ✔city, county, towns.
are all state entities state action must be required for any 14th amendment
violations to occur. must be state action. Does not apply to the federal
government.
basic element person - correct answer ✔person means people. not just
citizens. tick wu V. Hopkins 1886. equal protection applies to non citizens.
Basic elements equal protection. - correct answer ✔equal protection means
protection from discrimination. prevents discrimination. similar standing people
are entitled to being treated equitably under the law. people are free from
arbitrary discrimination
, discrimination preventing " invidious discrimination" - correct answer ✔the
court has determined that equal protection is the protection from invidious
discrimination or that similar standing people must be treated equally.
Bradenberg Test - correct answer ✔Test: if the advocacy is diercted to
inciting or produccing Imminent lawless action and is likley to incite or produce
such action the state can prohibit that speach.
Immient lawless action is likeley to incite or produce such action
Post Dennis V united states (1951) - correct answer ✔" court argued about
which test to apply ,
"Clear and Probable Danger test"
Absolute freedoms test ( "congress shall make no law"
no law mans no law
Preferred Freedoms - correct answer ✔these freedoms were so central to
the constitutional order, that greater protection should exits for them
( inlcuding, free speech under the first admendment. means the judicary will
apply special scutiny to laws that appear to restrick freedom of expression,
especally as those laws related to the articulation of unpopular political views
when does conduct cease to be merely behavior and translate into speech -
correct answer ✔when does conduct move into the realm of symbolic
speech
Chaplisky v. New Hampshire (1942) - correct answer ✔never been overruled
and thus remains " good law"
Chaplinsky is important for establishing the "fighting words" doctrine" the
government may regulate words which their very utterance inflict injury or tend
to incite immediate breach of peace
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