Free Response

Civil Liberties & Incorporation

Why don’t I have a better grade?

But I know everything!!!

THRESHOLD

The threshold skills is correctly identifying the “call of the question.” The key here is: Can you correctly identify the essential requirement or requirements of the question?

Question Verbs

The most common questions verbs tend to be -Identify-Describe-Discuss-Explain.

Most common mistake is that most students stop at identify.

DescribeNot fully describing is a common mistake.

Describe requires details. For example: Describe Garfield High School.Typical answer: Garfield is a school. What is this a wrong answer? Did it describe?When describing review your answer. Think about who, what, where, when, how, why questions. If your answer leaves the possibility of questions, add more details.

Explain.

Incomplete explanations are also a problem.For example: Explain how the 15 day absence policy impacts graduation. Typical answer: You can’t be absent for more than 15 days. Did this explain? What is missing? Explanations requires a connection about the impact one factor has on another factor.

The key to passing is complete and detailed explanations. The exact word for this is

LINKAGE

For example: The 15 day absence policy was instituted to

improve student attendance and academic achievement. The 15 day absence policy states that students who are absent for more than 15 days may not participate in certain activities. If a student is absent for more than 15 days that student may not be allowed to participate in graduation. Students who fall under these circumstances may appeal their disqualification from graduation to panel, who will render a final decision.

VocabularyAnother common mistake is failure to use and define specialized govt vocabulary. --When ever a specialized vocabulary term is used, you must take a moment to define the term.

Two benefits: 1. Shows you are knowledgeable2. May meet the requirement of the Q.

Free Response Qa. Define selective incorporation.

b. From the following select TWO and explain how each has been incorporated.

Each of your explanations must be based on a specific and relevant Supreme Court decision.

• Rights of criminal defendants• First Amendment• Privacy Rights

(c) Select ONE of the following cases and identify the amendment upon which the United States Supreme Court based its decision.

• Tinker v. Des Moines (1969)• New Jersey v. TLO (1985)

(d) Describe the Supreme Court’s decision in the case that you selected in (c).

Free Response Q

a. Define selective incorporation. (2pts)1st pt: Show that you are aware that this has

been a gradual process in which only certain rights have been incorporated.

2nd pt: Define the incorporation process. This should include a discussion of the role of the 14th Amendment, specifically the SDPC, and its impact on state constitutions/practices.

(4pts)b. From the following select TWO and explain how each has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision.

• Rights of criminal defendants• First Amendment• Privacy Rights

An Incorporation case would be a case that expands the rights of people in the US. Specifically it would make a right found in the Constitution applicable to the states. This may be a case that further elaborated on a previously incorporated right.

Criminal Defendants: Mapp, Miranda, Gideon, etc…

1st Amendment: Gitlow, Engel, Lemon,

Privacy Rights: Griswold, Roe

Your response should have had the following: 1. Specific/detailed discussion of the case

concerning an incorporated right.2. The right that was incorporated and the

role of the 14th Amendment.3. Change in state practice.

SampleOne such area where federal law and court decisions have been incorporated has been a person’s privacy rights. This is illustrated by the Supreme Court case of Roe v. Wade. In this case the Supreme Court decided that it was fundamental to a woman’s right to privacy to allow her to have an abortion. This decision made abortion legal. The “due-process” clause then forced the states to follow this ruling despite any prior state laws banning abortions. Thus, the Supreme Courts interpretation of the Constitution was incorporated into state law. This illustrates the incorporation of privacy rights.

(1pt)(c) Select ONE of the following cases and identify the amendment upon which

the United States Supreme Court based its decision. • Tinker v. Des Moines (1969)• New Jersey v. TLO (1985)

Straightforward: (c) was just simple identification. You know it or you don’t.

(1pt)(d) Describe the Supreme Court’s decision in the case that you selected in (c).

Part (d): Describe: provide details of the case. Specifically, the facts of the case and more importantly the constitutional issue and outcome of this case.

Ways to improve

1. Maximize focus in class. 2. Ask questions. 3. Study outside of class: typically in college it

should be approx. 2 hours per unit a week for the class. This would be a 3-4 unit class in college.

4. Learn the vocabulary.