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PLS lectures 1-6

by: Lilly0898

PLS lectures 1-6 PLS 101


GPA 3.3

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Lecture 1-6, everything that will be on test 1. This is ALL the notes not just lecture five. My mistake for uploading the wrong notes the first time. I will be doing this every test the rest of the...
American democracy and Citizenship
Politics, poltical science, American Government, Government
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This 11 page Bundle was uploaded by Lilly0898 on Monday September 19, 2016. The Bundle belongs to PLS 101 at Missouri State University taught by Ondetti in Fall 2016. Since its upload, it has received 9 views. For similar materials see American democracy and Citizenship in Political Science at Missouri State University.

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Date Created: 09/19/16
PLS September 30, 2016 Lecture 1 Anti-Trust laws prevent companies from being anti-competitive. It is a collection of federal and state government laws that regulate the conduct and organization of business corporations to promote fair competition for the benefit of consumers. Federal Trade Commission is an independent federal agency whose main goals are to protect consumers and to enforce anti- trust laws. Lecture 2 The Constitution Constitution- how the gov’t is going to run the basic ground rules. The American Constitution was made in 1787 Most countries have has their Constitution rewritten but America has stayed with the same one since 1787 but we have added amendments when it is needed. Creating the Constitution It is a political process involving compromised solutions. South VS North AKA Large vs Small states. The large states wanted representation based on population and small states wanted equal representation for obvious reasons. Bicameral legislative- Legislated body, 2 branches, house of reps and legislature. Great Compromise- House of rep based on population and legislation had 2 reps from each state. 3/5 Compromise- How would slave be counted because of taxes and representation? 3 out of every 5 slaves would count. There was lots of abolishment In the North, the south feared slavery would be abolished. Bill of Rights- limits government. Separation of powers- 3 branches. Legislative. Judicial. Executive. Checks and Balances- Congress makes laws but president can veto. The 3 branches check each other and balance each other out so no one can gain too much power and control. Lecture 3 Federalism Sovereign means supreme leader. Dual sovereignty- having both state and federal gov’t Federal- several states forming a unity Unitary gov’t- only federal gov’t is the supreme leader National level- whole nation The U.S. is a federal system. Advantages Disadvantages *Balances power * Taxes differ in Ev ery state. *States can create policies For their own states w/o Effecting another region. Federalism and the Constitution Enumerated powers- Powers the constitution Grants to the federal level. Makes treaties with foreign gov’t Necessary Proper Clause- All choices being made would have to be enforced by Enumerated Powers. Reserved Powers- Constitution powers only for the state. Commerce Clause- Federal gov’t must watch over innerstate exchanges of money. The National gov’t needed to be stronger but the people were scared of the gov’t becoming too strong. The Supreme Court got in the way of the federal gov’t because they wanted to limit the federal gov’t Civil liberties Lecture 4. September 8, 2016 Rights of the Criminally Accused Procedural due process- series of rules and guidelines authorities must follow to have legal trial or persecution of crimes such as Miranda rights and search warrants. Selective Incorporation- use of evidence, authorities have to show as verified by a judge that they have reason to search a person’s personal space. Mapp V.S. Ohio (1961): Police had a warrant to enter the home of a women named dolly mapp because they believe she was hiding a fugitive, well they did not find the criminal but they found porn magazines. The problem was, they only had a warrant to search for a person not pornography. The police were looking in places a person could not hide such as a drawer. The porn could not be held against her and the court sided with her that the police bringing this up could not be used because they only had a warrant to search for the criminal. Right to Counsel- You are given the right to an attorney if you cannot afford one. Gideon V.S. Wainwright (1963)- Many people accused of crimes could not afford counsel. Self-Incrimination- You don’t have to talk or confess. Miranda V.S. Arizona- He was not read his constitutional rights and was forced to confess to the rape. He did confess but it was not constitutional because his rights were not read to him. Herring V.S. the US (2009)- Guy has his car impounded and before releasing the car the worker ran through a check for any other warrants so they searched his car and found a pistol that was not registered. So the warrant they used to justify the search was expired and the search was unreasonable and unjustified. Civil Liberties and National Security Civil liberties/national security tradeof- The more you get of one the less you get of another. Although you really want both of these great goals, they compete with each other. For example, Gov’t has to secure the nation from people who seem risky or may be involved in terrorism but how far can that go in America...? They have access to records and phone calls so what is the happy medium between the tradeoff do we want liberty or national security. U.S. Security Environment- When your country is surrounded by enemies there is a lot of pressure to clamp down on freedoms so that the enemy cannot use those freedoms against you. America lives in a safe environment, we have huge oceans and peaceful countries around us which has helped us be able to keep our civil liberty. So countries in the middle east they have enemies in their own country, they do not have many civil liberties at all. “War on terrorism” and civil liberties- Since 9/11 the game on our security vs liberties was changed. USA Patriot Act- congress passed this law weeks after 9/11 it allowed the gov’t to infringe on people’s privacy such as tap in on peoples’ phone calls and gather suspect information. Hack into emails and internet browsers, school and medical records. NSA surveillance- National Security Agency does most of the electronic surveillance our gov’t contains. They become a controversy when they began collecting in bulk telephone metadata which was everyone’s text messages, internet data but it does not say exactly what you said or looked up just when the call/search was made, when, and who you called/searched for from where. Edward Snowden-worked for the NSA and had access to basically anything he wanted in 2013 he revealed to the press many documents that were top secret that gave us a deeper sense of what the NSA all collected and nobody was safe from having their data gathered. This really started the controversy of national security and liberty. USA freedom Act (2015)- People began complaining about the bulk data collecting. Rather than the NSA doing bulk searches for let’s say “let’s search everyone in California” PLS. September 6,2016 Civil Liberties part 2 Lecture 5 Civil Liberties is the basic rights we have as citizens. The rights that protect us from government interference. Where does civil liberties come from? Bill of Rights- first ten amendments of the constitution Interpretation of the bill of rights can change and what it implies to as time changes the rules adapt to society. Nationalization- bill of rights being enforced state wide and federally th 14 Amendment- state governments cann0t deprive people of life liberty and pursuit of happiness without due process of law. Due Process- fair treatment through normal judicial system. Selective Incorporation- the bill of rights was extended down th to the state and local levels due to the 14 amendment little by little. Summary First it started off applying only to the federal government then due to nationalization and selective incorporation the BOR applied th to state, local, and federal starting with the 14 then working towards all of it little by little. Freedom of Expression  Government cannot tell us what to think or what to say. There is certain limits still, it is not always absolute Freedom of speech the limits and what is said about it. Brandenburg V.S. Ohio case 1969: Brandenburg was the leader of the KKK in Ohio, he said that white people had to take revenge on the federal government because the white man was being oppressed by them. Following that he was arrested and charged with advocating violence. He fought this all the way to the supreme court and his arrest was canceled. When speech threatens lawless harmful action then, police has a right to step in. EX: I hate frogs, VS kill all the frogs now Government can only prevent and punish those acts of speech if they will create a true action of harm. Press Freedom Prior Restraint- Censorship New York Times V.S. United States 1971: NYT got federal documents from the pentagon. A pentagon official felt like the gov’t was not being 100% honest about the war and he sold it to the New York times for a lot of cash and the government found out about it and took it to court. They fought it and the court said it would not cause national gov’t damage and it was printed. This court case limited the gov’t from being able to control censorship. Freedom of Religion Establishment Clause- Gov’t cannot favor one religion over another. It cannot disrespect the rights of those who choose not to have a religion. Wall of separation of church and state- Government is not allowed to mess with the church. Schools for example, what aspects of religion should be permitted in public schools? Engel VS Vitale 1962: The supreme court struck down a New York law that required a morning prayer at schools, even though the prayer was optional it was an endorsement of religion by school officials. Gov’t cannot enforce religion and that was a gov’t establishment so it was seen as unconstitutional. Edwards VS Aguillard 1987: The teaching of creation in schools is unconstitutional because creation is the story of God and that cannot be taught. Generally applicable law: If a law tends to target a certain group it is not okay Free exercise clause: You are free to practice your religion as long as it is not breaking another previous law. For example, you cannot slaughter people due to a sacrifice ritual. PLS Lecture 6 Civil Rights September 15,2016 Civil rights- right to equal treatment regardless of race, ethnicity, gender and other inherent characteristics. Different from civil liberties, the civil liberties are about freedom from gov’t telling you what to do. Legislative and Judicial Sources th 14 amendment (1868) Equal protection Clause- No state should make or enforce a law which Denys any person within its jurisdiction the equal protection of the laws. Jim Crow Laws- Kept blacks out of white bathrooms, schools, fountains. Plessy VS Ferguson (1896)- Separate but Equal for race Brown VS Board of Education (1954)- Schools should not be separated by race anymore because it is unconstitutional. It was argued that it was psychology damaging and it denied black children the same opportunities. Civil Rights Act (1964)- It extends the idea of civil rights and nondiscrimination, not just gov’t that has to treat people equally but private organization now have to. If you serve the public you cannot discriminate because of race, gender, religion, ethnics. th 24 Amendment (1964)- It struck down Poll taxes, you cannot be charged for the right to vote. Everyone who is an America Citizen has the right. Voting Rights Act (1965)- Makes any kind of literacy test and knowledge test illegal. Civil Rights Movement 1955- Gay Rights Romer VS Evans 1996- Colorado state constitutional amendment. This amendment banned any legal protection based on sexual orientation. So any ordnances or laws that protected queers from discrimination could not be passed. Eventually it came to the supreme court and said that it was unconstitutional. They argued that the 14 amendment was discriminatory and that this state constitution directly targeted queers and was discriminating them. It was a very important case. Gay Marriage 2013 cases United states VS Windsor- One member of the couple was very wealthy and normally if your spouse dies their assets transfer to you. The federal gov’t did not recognize this couple’s marriage and when her spouse died, she did not get her spouses assets instead the gov’t took it. The supreme Court over ruled it and said there is no reason gay marriages should be singled out and that it is unconstitutional. Hollingsworth VS Perry-California passed a few years prior by popular vote a ban on gay marriage. Gay Activist took this proposition to court and won. A federal judge ruled that this ban was discriminatory. It overturned the ban on gay marriage. It gave the gays in California the right to marry. It thought, did not allow the right to queer marriage in other states. Obergefell VS Hodges 2015- The Supreme Court overturned all state bans on gay marriage. It overturned 14 state bans on gay marriage at the same time.


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