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Civil Rights in the USA

Entrenchment, Incorporation and the Rights Amendments

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  • Paper 2

Overview

Recall questions on why entrenchment makes rights secure, the two stages of amendment, the incorporation doctrine and the key clauses of the Fourteenth.

What you need to know

Answer each one before you reveal it.

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What did the Thirteenth and Fifteenth Amendments achieve?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Why does entrenchment make these rights unusually secure?

    Model answer

    They can only be altered by constitutional amendment, and the courts may strike down any statute that breaches them, so they are not at the mercy of a temporary legislative majority.

  2. 2

    State the two stages of the amendment process.

    Model answer

    Proposal, either by a two-thirds vote of both chambers of Congress or by a national convention called on the application of two-thirds of state legislatures; then ratification, either by the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of them.

  3. 3

    What is the incorporation doctrine?

    Model answer

    It is the process by which the Supreme Court has applied the guarantees of the Bill of Rights to state as well as federal government, case by case, through the Fourteenth Amendment.

  4. 4

    Which amendment is the main engine of civil rights law, and what are its key clauses?

    Model answer

    It is the Fourteenth Amendment, which confers citizenship by birth and guarantees due process and the equal protection of the laws.

  5. 5

    What did the Thirteenth and Fifteenth Amendments achieve?

    Model answer

    The Thirteenth abolished slavery in 1865 and the Fifteenth, in 1870, barred the denial of the vote on grounds of race.

  6. 6

    What did the Nineteenth, Twenty-Fourth and Twenty-Sixth Amendments do?

    Model answer

    They extended the suffrage to women in 1920, abolished poll taxes in federal elections in 1964 and lowered the voting age to eighteen in 1971.

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The Code.
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AA US court can strike down a hostile law using the constitution.
BA UK court cannot.
CChange must come from persuading legislators.

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Veto means formal rejection of legislation.
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