Political Science 2244E Lecture Notes - Lecture 18: False Advertising, Scientific Law, Making False Statements
17 Apr 2018
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Big picture, main issues: what is incorporation, does it apply to all levels of government, civil rights vs civil liberties. If the bor does not apply to the sates, they can pick and choose which rights they want to apply to their citizens: therefore, they can freely give and take away your rights. Feds and states: congress shall make no law abridging lets us know it only applies to the feds. In the after math of the civil war 13th and 14th amendment: basically says everyone has to be treated the same, feds and states, despite progress, sc unwilling to move incorporation beyond 1st amendment. Selective incorporation: piecemeal application of the bor. Implications of slow incorporation: segregating the races, warrantless searches, no grand jury, no trial by jury. Nationalizing the bor: brown (54) and strict scrutiny, until 1961, only 1st amendment incorporated, evident in the 60s: right to council, search and seizure, silence, right to council.
