POSC 311 Feb. 1-Feb. 5
POSC 311 Feb. 1-Feb. 5 POSC 311
Long Beach State
Popular in Constitutional Law Power
Popular in Political Science
This 5 page Bundle was uploaded by Audra Oul on Sunday February 7, 2016. The Bundle belongs to POSC 311 at California State University Long Beach taught by James Fox in Spring 2016. Since its upload, it has received 33 views. For similar materials see Constitutional Law Power in Political Science at California State University Long Beach.
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Date Created: 02/07/16
Monday, February 1, 2016 Donald Trump: Mexico is going to pay, tell Panama to get out of the way Sanders: Education is going to be fixed, lower your tax rates, give you more cost and cost less President Obama: became president promise for change every bill that pass for Historic time: came over from England, find land, Native Americans found bountiful Macintosh vs. Johnson: Macintosh was an Indian was not able to get the land from a white guy Johnson can get the land because Native American will not be using the land. What we use in the land, we get back. Only use what we need to survive. England started taxing us. Articles of Confederation had rules because the new country was afraid of a monarchy. The smart men, and rich landowners Each states/13 colonies can count on their own rules. Come with the national rule. President of CongressFirst president not George Washington but 2 or 3 of them are people of color Shay’s Rebelliongoing bankrupt on their farms, not going to take their farms, owed 75 million after the national debt Without stronger national government, not going to see the end Articles of Confederation Revised in Philadelphia in the constitutional convention Fix the old one and get a new one Did it in secret John Locke had natural rights: life, liberty, and property Montesquieu idea on three branches of government: executive, legislative, and judiciary Each state has its own sovereignty Need a stronger governmentstart with central government Due process clausecannot deprive life, liberty, and property without due process clause Congress appoints, idea of president, and executive branch 1. Based on representation: majority controls Rhode Island and Delaware 2. Based on delegates When northern states did not want slaves to be represented Southern States has difference in opinions Three Fifths Compromise: every fifth slaves should be counted as three members in representation Virginia plan Based on population Great Compromise /Connecticut compromise Came up with the bicameral system Congress: Senate and House of Representatives Every states gets 2 senators *Staggered elections: Every two years, one third of Senate gets part of the election House of Representativeselections are every 2 years Senateelections are every 2 years *Senate is the breaking system Article ICongress Article IIdeals with the President Articles of Confederation needs uniramous approval 9 out 13 states need to ratify first to become constitution Franklin Delano Roosevelt held the standards for president to have a limit to terms U.S. Constitution ratified in 1789 Federalist based on rule of law Rule of lawapplies to everybody Separation of powers: 3 branches of government; checks and balances Federalism: balance between state and national government Supremacy clause: the law should follow the federal government when there is conflict with the national government and the state government Example: California reads the Miranda Rights and had to sign because state add a rule to sign rather than just read for protection States had additional requirement for protection, which is okay. The federal government override the state power only if conflict Individual rights: unalienable rights of life, liberty, and pursuit of happiness Constant balancing act Individual protection versus societal goods Anyone can own a gun can carry it, court needs, courts have to decide Negative Freedom: freedom from the government, leaves us alone, let us make ourselves: Social Dwarnism, Believe in Laissez Faire, Industrial revolution Henry Ford created the Ford Motor Company Not agricultural society Having issues with the haves and have nots in industrial revolution Stock market crashes No FDIC (Federal Deposit Insurance Corporation) Jobs starts to dry out The Great Depression because of no more jobs World War I occurred next Limited government to more involved government Positive Freedom: Cannot meet potential without government intervention. Some section of the population can reach population without interaction but cannot reach potential without government. American Disability Act (ADA) meant for potential of individual regardless of disability FDIC created to monitor trading rules Laissezfaire to Keynesian economics Laissezfaire is letting people be Keynesian economics government need to be involved in policies Judicial review: duty to interpret Marbury v. Madison: Is this appointment valid? A political question/ a political decision for John Adams to appoint delivery of commissions Plessy v. Ferguson: power of the court 16 amendment: Congress required income tax Individual Right: 6 amendment: right to trial by jury Defendant also have the right to a bench trial Rights against Ex Post Facto Laws: the change of law occurred so excused from crime *Limited prosecution of treason Bill of Rights an afterthought, by James Madison, establishment clause: cannot establish Christianity religion, Congress cannot pass laws for primary religion LEMON TEST: 3 tests in Lemon vs. Kurtz to see if violate establishment clause Have to be secular, there are limitation, there are consequences For example, that applies to freedom of speech Texas vs. Johnson Texas stature made it illegal to desecrate an American flag, symbolic speech 3 amendmentcannot quarter troops in home th 4 amendmentprohibited unreasonable search and seizures th 5 amendment: rights against selfincrimination and double jeopardy (cannot be charge for same offense) against arbitrary dominant domain: government says can get property for this 6 amendment: trial to speedy trail, misdemeanors trial begins in a year, a felony a trial begins in 3 years Confirmation clause: Crawford v. Washington, have the right to take accuser in court and testify Gideon vs. Wainwright: can get assistance with counsel if indigent, assistance of counsel if cannot afford lawyer, public defender, Clarence Earl Gideon robbed the vending machine in Panama City, Florida *Assistance of counsel after critical phase 8 amendment: against cruel and unusual punishment The bail ordered by court to ensure in court and public safety issue Trial by ordeal: those are guilty 9 amendment: rights retrained to the people 10 amendment: power to the states Full faith Credit Clause: get married in California do not need to get remarried in New Jersey, the states need to protect public proceedings of another state Stare decisis: stare at the decision, look back, looks at the precedence, look down the line, Scalia says can benefit the judges Originalism: should take the Constitution as it was created, all men created equal did not mean women because women no in politics, could not vote, or trouble themselves with something beyond at the time of creation of Constitution Textualism: Scalia draws his line to mean do not mean original intent but the *original meaning. Judicial Activism: being involved in changing the law, Bush vs. Gore: need to recount votes, Roe vs. Wade: critical active case for deciding and following
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