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Week 1-7 notes

by: Aunjela Latham

Week 1-7 notes 1010

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Aunjela Latham

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These notes cover everything from day one up until Today ( 10.6.16) including questions and facts about current events
Political Science
civil, liberties, segregation, amendements, checks, and, balances, Presidents, federalism, Articles, Of, billofrights, 3/5compromise
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This 30 page Bundle was uploaded by Aunjela Latham on Thursday October 6, 2016. The Bundle belongs to 1010 at Ohio University taught by Dr.Elliot-Doran in Fall 2016. Since its upload, it has received 25 views. For similar materials see Political Science in Politics at Ohio University.


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Date Created: 10/06/16
POLS 1010 9.15.16 1. Describe powers given to federal government 2. Describe relationship between federal government and the states Cooperative Federalism ● Cooperative Federalism: model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities ● Cooperation between state and national government replaced dual federalism ● Morton Grodzins’s cake analogy - Dual federalism as layer cake - Cooperative federalism as marble cake ● Regulated Federalism -with increased funding, the federal government demanded higher standards and stricter uses for funds. ● Preemption -The principal that allows national government to override state or local actions in certain policy areas -Preemption occurs when state or local actions do not agree with national requirements. ● C​ongress dramatically increased ​unfunded mandates: rules forcing states to spend their own money to comply with federal law. ● Backlash to federal preemp ​ tion and unfunded mandates led to calls for ​devolution: transferring responsibility from the federal government to state or local governments. -Popular since the 1970s; the idea led to New Federalism New Federalism ● New Federalism: Efforts by presidents Richard Nixon and Ronald Reagan to devote many policies back to the states - Block grants : federal grants-in-aid that allow states considerable discretion in how the funds are spent - General revenue sharing: process by which one unit of government yields a portion of its tax income to another unit of government,according to an established formula. Regulated vs. New Federalism Federalism since 2000 ● The balance between the federal government and the states is constantly evolving, and it can be controversial when it comes to redistributive programs. - Redistributive programs: economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor. ● Recent controversies concerning federalism - No child left behind (NCLB) and Common Core curriculum - Medical and recreational marijuana - Sales taxes for online purchases - Expansion of Medicaid coverage under the Affordable Care Act (ACA or “ Obamacare”) Civil Liberties Last Week Review ● CIvil liberties ● Definition and purpose ● Civil rights vs. liberties ● Bill of right-history and incorporation in the states ● First amendment/ Bill of rights ( a list of action the government cannot do ) Civil Liberties: protections from improper government action - Substantive : limits on what government can or cannot do, - Procedural regarding government rule. Civil liberties : a check on the majority in order to allow unpopular minorities to speak and act as they desire They are national means to protecting the marketplace of ideas for a healthy democracy Civil liberties allow peokpketo live A Brief History of the Bill of Rights The Convention of 1878 concluded without a Bill of Rights. -Federalist argued it was unnecessary to national government that was given delegated powers. Federalist site saw the potential for government abuse of power in the absence of the Bill Rights. In 1833, the U.S Supreme Court rules that the Bill of Rights limited only the actions of the national government and not the state governments. ● This Changed with the adoption of the fourteenth Amendment in1868. - The Fourteenth Amendment incorporates the Bill of Rights to the states. - Equal protection clause ( reduce racial inequality in the south) ● Bill of Rights: The first 10 amendments to the U.S Constitution ● The Bill of Rights is an Antifederalist contribution. ● Nationalizing the Bill of Rights ( Incorporation) - Originally understood as applying only the federal government - The Fourteenth Amendment incorporates the Bill of Rights to the states. ● Nationalizing the Bill of Rights - The Supreme Court rules in 1897 that the due process clause of the fourteenth Amendment did in fact prohibit states from taking property for a public use without compensation. - In 1925, the Supreme Court also held that freedom of speech is “ among the fundamental personal rights and ‘liberties’ protected by the due process clause of the Fourteenth Amendment from impairment by the states.” ● Selective Incorporation - Palko v. Connecticut (1937) : the Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated into the Fourteenth Amendment as a restriction on the powers of the states. The First Amendment and Freedom of Religion ● Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… - Establishment clause ● Freedom from the state imposing any particular religion - Free exercise clause ● Freedom to practice religion of choice without state interference Civil Liberties (continued) Goals for today: Limits of free speech Limits of the second amendment Liberties :​ what the government is not allowed to do - Listed in the first 10 amendments to the U.S constitution - the bill of rights - Bill of rights incorporated to states through series of Supreme Court decisions,made possible by Due process and Equal Protection Clauses of the Fourteenth Amendment ( Reconstruction Amendment) - First Amendment: Religion - Free Exercise clause - Establishment Clause Freedom of Speech ● Congress shall make no law...abridging freedom of speech, or of the press… - Democracy requires a marketplace of ideas. ● But are there limits? - In short, the Court has said yer, but there us a lot of latitude ex: - Is the burning of the American flag a form of freedom of speech? - no, not constitutional Political Speech - Highly protected by strict scrutiny, legal standards ● Must establish “compelling reasons” and narrowly defined them to limit them - Includes actions expressing political ideas ● Ex: Financial contribution to political causes, protests - Protected unless leads to immediate harm ( clear and present danger) -There are a few times and place limitations ● Ex: yelling fire in theater; yelling at night in a neighborhood Can Colin Kaepernick be fired for sitting during the national anthem? - yes ● Fighting words are hard to ban because their target always has the option of ignoring them . ● Likewise, hate speech is difficult to bean because it is the expression of a political idea ● When words leave the realm of thought and move into direct and immediate action, their speakers can be held accountable. Freedom of the Press The government cannot prevent the print media from publishing what it desires. ● The press can be sued for: - Statements made in “reckless disregard of the truth.” - When written, it is libel; when spoken, it is slander. ● The rise of individuals gathering and reporting news complicates these issues. - WikiLeaks, the Anonymous community, and online bloggers are more difficult to contain, reprimand, or otherwise penalize. Pornograpghy Pornograpghy and obscenity are difficult to define, and thus difficult to regulate. ● Justice William Brennan defined obscenity as speech or writing that appeals to the “prurient interest.” - Brennan’s definition actually caused more confusion. ● In 1964, Justice Potter Stewart added that pornograghy was ipossible to define, but added, “ I know it when I see it.” These vague standards meant almost nothing, so an effort was made to strengthen the restrictions in 1973. ● The Supreme Court defined pornograghy as a work that: 1. As a whole, is deemed pruient by the “ average person” according to “community standards”; 2. Depicts sexual conduct “in a patently offensive way”; and 3. Lacks ‘serious literary, artistic, political, or scientific value.” The Second Amendment and the Right to Bear Arms The Second Amendment applies to states and localities ● Banning the possession of a firearm in the home is not possible. - In the case D.C v. Heller, the Court ruled that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense. ● States and local governments can place different boundaries around waiting periods, registration,types of arms allowed. And other aspects related to access. 9.13.16 Federalism ● Federal government and a state government = what the constitution establishes ● Describe powers given to federal Gov and U.S constitution Federalism in the Constitution Federalism​: a system in which the national government shares power with lower levels of government The U.S Constitution divides power between the federal and state government. ★ Compared with the Articles of Confederation, federalism under the Constitution has led to… greater centralization of power Federalism refers to the fact that there are three main layers of government: federal (top layer ex: D.c), state ( ex: State of Ohio ) and local ( ex: parcs and rec). Branches of Government refers to the separa​tions of powers​ within the federal government. ● The Constitution grants two types of powers to the U.S congress: expressed (17) and implied - Expressed powerd (17) are found in the Article 1. Section 8 of the constitution. - Implied power are found at the end of section 8, which grants Congress the right “ to make all Laws which shall be necessary and proper” ( known as the necessary clause ) to execute its expressed powers. In addition to Article 1, the powers granted to the national government in Article VI state that the laws of Congress shall be “ the supreme Law of the Land.” -Known as the “ supremacy clause,: this means that when there is a conflict between fedeal and state laws federal law prevails ★ Which portion of the Constitution gives states most of their powers? The Tenth Amendment Comity clause- Privileges and immunity clause - state not discriminating against people from other states States have significant powers, too. -Tenth Amendment( reserved powers amendment) -Police powers( health , safety, public order, highways, prisons, vaccination) -Concurrent powers (held by both states and federal gov’t) ● Tenth Amendment: “The powers not delegated to the U.S by the Constitution, nor prohibited by it to the states, are reserved to the States respectively , or to the people.”\ - Reserved powers or powers that are not specifically delegated to the national government or denied to the states, are derived from the Tenth Amendment. - The Anti-Federalists, who feared a strong national government, pressed hardest for the ratification of the Tenth Amendment. ● Police powers - A given state has the ability to develop and enforce criminal codes, administer health and safety rules, and regulate marriage and divorce laws. - States also regulate individual livelihoods (through licenses to practice medicine, law, and various other professions), and define and enforce laws concerning private property. Concurrent powers - The states and federal government also share certain powers. - In some areas, states share concurrent powers with the national government whereby tehy retain and share some power to regulate commerce and affect currency ( e.g, by being able to charter banks, grant or deny licenses to engage in a business or practice a trade, regulate the conditions of labor, and levy taxes). ● Full faith and credit clause: Article IV,Section 1 - Requires that states give “ full faith and credit” to each other’s “ public acts, records, and judicial proceedings.” - Put another way, states are normally expected to honor the public acts and judicial decisions that take place in another state. - However, if a practice in one state is against the “ strong public policy” of another state, then the state against the practice is not obliged to recognize it. ● Article 1, Section 10: “ No state shall, without the Consent of Congress… enter into any Agreement or Compact with another State.” - Compacts are agreements between states to deal with issues that cross state lines, such as environmental concerns and transportation systems. Governments in the United States ( and counting…) Local Government and the Constitution ● Local government has no status in the U.S Constitution - Local government are subject to control by the states. ​ - However, most states give their larger cities h ​ ome rule - a guarantee of noninterference in various areas of local affairs. Dual Federalism, 1789-1937 ● Dual federalism: a constitutional interpretation that gave the federal government exclusive control over some issues and state exclusive control over others ● The federal government was small and dealt primarily with foreign affairs and commerce. - Internal improvements, like roads and canals - Tariffs ( taxes on imports), patents , currency ● Overall, states performs the majority of governing over citizens’ day-to-day lives. - Economic regulation and property law - Civil law ( marriage,divorce,adoption) - Criminal law ● Dual federalism allows states to experiment with policies ● Some early U.S Supreme Court decisions helped to define national power. -McCulloch v. Maryland ( 1819): The Supreme Court rules that the U.S Congress had, through its implied powers, the legal right to charter a national bank. Gibbons v. Ogden (1824) : The Supreme Court established the supremacy of the national government in all matters affecting interstate commerce. Federalism and the Slow Growth of the National Government’s Power ● The role of the federal government increased with president Franklin Roosevelt’s New Deal. - In 1937, the U.S Supreme Court issued a series of decisions that expanded the federal government’s power under the commerce clause to protect the rights of workers, extend low-interest credit to farmers and small businesses, and restrict the activities of corporations with dealings in the stock market. States’ Rights ● The end of dual federalism was a blow to advocates of states’ rights. - State's rights is the principle that a state does not have to submit to national laws in cases where it contends that the national government exceeded its authority. - Prior to Civil War, former vice president John Calhoun argued for the doctrine of “ nullification,” which proposed that states were not bound by federal laws that they considered to be unconstitutional. ● In the 1950s, southern opponents of the civil rights movement brought back the idea of states’ rights to defend racial segregation. - The southern Manifesto declared that southern states were not constitutionally bound by Supreme Court decisions outlawing racial segregation. A federal grant to states to assist in the building of new public schools is an example of a grant → Categorical Grants-In-Aid ● Grants-In-Aid: programs through which congress provides money to state and local government, provided the funds be used for purposes defined by the federal government ● Ex: school lunches, infrastructure, educational expenses Political Science 1010 8.30.16 Government Expectations? What do you expect from the government- good or bad? - Protect us - Tell the truth - Listen to the people - Have our best interest - Protect rights and liberties - Regulating food and our safety - Equality of opportunity / outcome ? - Support the weakest and yet keep taxes low - Keep government small , yet handle each crisis quickly and efficiently Do we trust the Government to do the right thing? Americans have not since about 1960 - steady decline the below 25% trust rate but picks back up (2001) but declines again today 19% of American public trust the government Does trust in the Gov. matter? Yes? - You need to be active and be in the know about what the gov. is doing No? - who really cares if they don’t care about us ? need to have reason to not have trust in them Why ? American gov is predicated on a citizenry that -we are informs us -keeps leaders aware of their preferences and -holds elected official elections Reasons for low trust -social media -libel -media -tragic events -innocent lives being taken -twitter - variations of news stations with differentiating views - long standing conflicts What Americans think about the Gov. -Political efficacy is the belief that one has the ability to influence what government does. -1990 : 25 % said elected officials didn't care -2014: 78 % agreed Political Knowledge - People will not believe they can affect the government if they do not know much about it. - Americans are not very knowledgeable about politics - -2013: only 285 of respondents could identify Justice Anthony Kennedy as the supreme court swing vote Citizenship: knowledge and Participation - Citizenship : derived from Greek ideal, refers to “ enlightened political engagement.” - - This entailed public discussion, debate, and activity designed to improve the community - Citizens must be aware of the facts and what can be done about a situation, and they must be willing to take action to solve community problems Necessity of political knowledge - Understand how politics work - Knowledge of the process must extend far beyond names and dates - Need to understand what they can expect of their government Is the Government needed? - Public goods are good that benefit everyone but that no individual or group on its own can afford to supply: - Defense against the foreign aggression - Maintenance of public orders - A stable currency Government Forms - Autocracy : gov by a single , non elected leader ( i.e king, queen, or dictator) - Oligarchy: gov by a small group that is not accountable to the citizens ( e.g military officers or landowners) - Democracy : a system of rule that permits citizens to play a significant part in the government process, usually through the election - ( not limited at all) Totalitarian : recognized no limits ( i.e Hitler) - Authoritarian: recognize no limits but are constrained by businesses or a church ( i.e Egypt) - ( most limited) Constitutional: gov are limited both in what the cn do ( substantive ) and they methods POLS 1010 9.1.16 Dr.Elliot-Doran ● Different forms of government ● Origins of democratic systems ● Who is an american and who isn’t? ● Types of government ● Liberty ● Equality of opportunity ● Equality of outcome ● Economic status The Citizen and Government How did our country come to be a democracy? -John Locke -John Stuart Mill In favor of limited democracy , wealthy, middle class, landowners- could only have a say in parliment Politics: conflicts over the leadership, structure, and policies of government ★ Representative (us) - Governments are run by elected officials who represent the interest of their constituents. ★ Representative Democracy is what the U.S is as a whole -Direct democracy- citizens themselves vote on all legislation I.e : town meetings, referenda Pluralism -groups in organized interests also participate in politics. -Groups and organized interests provide funds for candidates, lobby, and try to influence public opinion. - The pattern The United States has grown in pop. from 3.9 million in 1790 , the year of the first official census, to 318 million in 2014. The government sets policy to determine whom it allows in and who is eligible for citizenship. This decision is highly political and has changed many times over the course of American history. Such as age, demographic, land U.S citizenship: The first census did not count Native Americans ( in fact, it was not until 1924 that Native Americans could become citizens) Most people of African descent were not officially citizens until 1868, when the fourteenth amendment to the Constitution conferred citizenship on the freed slaves Immigration Policy: historically biased against non whites. -Until 1870, only free whites could become naturalized citizens. -The Chinese Exclusion Act of 1882 outlawed teh entry of Chinese laborers into the United States. Naturalization Act of 1790 ● Signed into law by Teddy Roosevelt ● Transferred nationalization procedures from stated to federal governmeNT ● Requirements: speak english, be white ● Replaced by the Nationality Act of 1940, and later the Immigration Act of 1990 ( allows exceptions to English language requirement) ● Immigration and Naturalization Act of 1952 got rid of racial distinctions Who are Americans? - Ny 1965, Congress lifted strict immigration limits set in place in the 1920’s - This resulted in new waves of immigration from Asia and Latin America. - White: 63% - Asian 5% - Black 13% - Latino 17% The age distribution of the population can have a profound on politics -different age groups have very different needs for public services. -different age groups vote differently. Things to Remember : Who is in power and checks on that power? Why was the checks and balance system put into place? What made our government come up with this idea? Who did this impact? What has the impact been? Positive or negative? POLS 1010 9.6.16 Key conflicts of Rev.War Successes and failures of articles of confederation The Founding and the Constitution ● Americans had different financial interest prior to the Rev. War -New England merchants -Southern planters -Royalists -Shopkeepers,artisans, and laborers -small farmers British Taxes and Colonial Interest -Hands off when it came to colonial interest (british) -French and Indian war- britain was trying to expand west, end of war didn’t have enough money to pay for war so they turned to the colonist to levy taxes from the people. “ protecting the colonist during the war” The First Founding : Interest and Conflicts ● Early Tax Revolts -Sugar Act 1764 ● Enforced a previous tax on molasses ( used to make rum) -Stamp Act ● Required printed materials to have a stamp on them Boston Massacre 1770- started simply , dude didn’t pay for wig said he was a gentleman but apparently there were none in the british army . Throwing snowballs , sticks,stones. British militia kills 5 colonist. The Boston Tea Party (1773) -East India Trade Company had monopoly on importing tea and sought to bypass the merchants by selling it directly to the colonists. -goal was to provoke a government clampdown ● Closed the Port of Boston and hut down the Massachusetts government Combination of 20 years of grievance and britain saying the colonist need to board soldiers and are taking jobs on top of being a soldier. The Declaration of Independence is a unifying document, 1776 -Philosophical document stating that certain rights were inalienable -Political document explaining that since the king had violated those rights, the colonists had the right to separate -Addresses multiple audiences. Are there any circumstances in which it would be justifiable for groups in the United States to rebel against the federal government? Yes The Articles of Confederation, 1777-1789: -Created a confederation of 13 states -Weak central government, no president , only a legislature -Impractical government , giving each state one vote regardless of population, and requiring al 13 to make a treaties -Prevented colonies from creating treaties -Lacked an army or navy to protect citizens -No taxing authority Established the Northwest Ordinance (1787) - One of the most important acts under Articles - -Set precedent for Westward expansion and establishment of lands for public use; required establishment of a public university on the grounds - ‘ Religion , morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.” Shay’s Rebellion -consist of boston tea party folks and angry colonist. -wanted to foreclose on farms due to debt but the economy was crap. -Goal was to prevent the court from repossessing debt-ridden lands held by poor farmers in western Massachusetts -The rebellion revealed the weaknesses of teh new central government, which lacked both the power to tax and also a national army. -Served as a focal point for those who would draft the new constitution -laughing stock of Europe -allies were not really allies Revolutionary War -Women served ( disguised as a man) Debra Samson- most famous -given a pension from government -Native americans served -African americans served Maryland abolished slavery New Jersey no african americans were allowed free or not. Women were able to vote before the Revolutionary War Thomas Jefferson said women were too wise and should not vote. Daughters of liberties participated in boycotts with the public Shay’s Rebellion lead to the Constitutional Convention ● Constitutional Convention,1787 -Interest: the financial interest of the wealthy were better protected under the new Constitution. -Principles: the new Constitution embodied leading political theories of the time regarding liberty, equality, and democracy. -Philadelphia during summer -55 men in wigs -First point of agreement was federalism The Second founding; From Compromise to Constitution ● The Great Compromise: How to form a legislature? -Virginia Plan : States would have delegates proportionate to population or wealth. -New Jersey Plan: each state would have equal representation. -Connecticut Compromise: equal representation in the Senate , proportional in the House of Representatives. ● Bicameralism came into play during this time period. POLS 1010 Dr.Eliot-Doran Today’s Topics: The Great Compromise The ⅗ Compromise Ratification of the Constitution -What were the key compromises that went into the creation of the constitution? -Who benefits from the Great Compromise? ❏ The Three-fifths compromise The fundamentals differences between the slave and the non slave required compromise. -Under the e 3/5th compromise, seats in the House of Representative would be apportioned according to a “ population” in which fives slaves would could count as three free persons Southern delegates made it clear that they would never agree to the new government if northerners refused to give in. The Constitution Goals of the farmers: -central government strong enough to promote commerce and protect against infringement by the states. - Emphasize ideas that would generate public support - Restrain the federal government from impinging on liberties and property rights The Legislative Branch: ★ Most powerful branch of new government out of the three branches we have -Two chambers: house and Senate ( Bicameralism) ❏ Each has different powers ❏ Each is accountable to a different constituency ❏ Different term lengths ( 2 years House, 6 years Senate) ❏ Share some powers with the other branches ❏ This branch creates the law- their job is to legislate Power and Consent -New federal government far more than the old. How to build the public's trust was the main focus. ❏ New powers specifically given mostly to Congress -Congress directly accountable to the people in the House -Congress directly accountable to the states in the Senate New Powers were expressly written but done so flexibly enough to adapt and respond to the public will. The Executive Branch -The framers needed an executive both to offset the potential power of the new Congress and to act with speed during times of crisis. -They also needed a unifying figure who would serve as the head of state. The Judicial Branch ❏ Goal was to nationalize government power through one court that was supreme over all the others that could stand up to the other branches. ❏ Serve life terms ❏ Resignations is rare but does happen ❏ Keeps everything in check within our nation ❏ Congress establishes lower court cases National Unity and Power ❏ The Constitution had to allow states enough freedom to pursue their ​own policies and unify the nation ​ enough to have a common economy. ❏ States were given tremendous leeway , but were asked to respect contracts made in other states. ❏ The constitution stands supreme over state laws. Amending the Constitution ❏ The Articles of Confederation were extremely difficult to amend; required unanimous vote. ❏ New Constitution requires supermajorities, but not unanimity. ❏ It remains difficult and rare to amend , but more possible than the Articles would nhave allowed ❏ 67% of Congress has to agree The Fight for Ratification ★ Ratification was very controversial Federalists: ❏ Favored a stronger central government ❏ Federal control over the economy ❏ Clear property rights ❏ Government by elites Antifederalists: ❏ Favored the balance of power being with the states ❏ Clearly articulated rights ( not just property) ❏ Government by leaders who shared the economic interest in the people Federalist vs Antifederalist -Conflict over three functions - Representation -Tyranny -How to limit the government ★ Representation ❏ Anti Federalist wanted representatives who shared the same financial interest and backgrounds as those they represented. ❏ Feared only the rich would be elected and would act against everyone's else’s interest Federalist thought the election would keep the legislators concerned for their constituents’ interests. ★ Tyranny ❏ Antifederalist were concerned government would be controlled by the wealthy elite. ❏ Feared tyranny of a wealthy minority ❏ Federalist feared the mass electorate would team up against the wealthy elite, who would always be in the minority. ❏ Feared tyranny of an unsophisticated majority ★ Limiting Government power ❏ Anti Federalist wanted a weak central government with enumerated powers and a Bill of Rights. ❏ Federalist saw the need for a strong central government, and divided its powers to prevent tyranny of the majority. Separation of Powers Political Science 103 8.25.16 Professor Elliot-Dorans What is power? ● The ability to get things done for us ● Voting ● Protesting ● Making a difference ● Influencing the public ● Money within politics What is government ● Those above us who were elected among the states made up of men and women who try to conquer and resolve our nation's problems ● American values are the following : ● Establish justice ● Domestic tranquility ● Common defense ● Promote general welfare ● Secure blessings of liberty Politics vs. Government ● Politics- process through which power and resources are gained or lost ● Ex: campaigns, meetings, voting ● Government: organization that exercises over a body of people in Political Culture ● Commonly shared attitudes, beliefs, and core values about how gov. Should operate ● What is seen as the offiavcations ● Equality of Opportunity ● Everyone should be presented with the same chances to succeed in Equality of Outcome ● Minimizing the gap in wealth and power ● We all end up rich and poor during our lifetime ● Ex: minimum wage The problems with values ● Support in abstract, hard to apply to specific situations why? Summing up ● Politics is a process ● Government is an institution ● Values are popular in the abstract because of our nation and its people 10.06.16 CIVIL LIBERTIES The Second Amendment applies to states and localities ● Banning the possession of a firearm in the home is not possible. - In the case ​District of Columbia​v. Heller, the Court rules that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense ● States and local governments can places different boundaries around waiting periods,registration,types of arms allowed, and other aspects related to access. Rights of the Criminally Accused Stop and Frisk- declared unconstitutional 4,5,6,8 = amendments for criminally accused Due Process refers to the right of every citizen to be free of arbitrary action by national or state government. ● The Fourth, Fifth,Sixth and Eighth amendments, taken together, are the essence of the due process of law. ● Fourth Amendment guarantees the security of citizens against unreasonable ( i.e, improper) searches and seizures. - Exclusionary rule: the ability of courts to exclude illegally obtained evidence ​(Mapp v. Ohio, 1961). The Fifth Amendment includes ● The right to a grand jury:​ The grand jury determines whether sufficient evidence is available to justify a trial. ● Protection against double jeopardy: ​protects a person from being tried twice for the same crime. ● Eminent Domain: ​government can take a private property for public use; but the Fifth Amendment requires a showing of a public purpose and fair payment The Sixth Amendment provides the right to counsel. ● The Supreme Court ruled Gideon v. Wainwright (1963) that anyone facing imprisonment has the right to an attorney, even if they cannot afford one ( public defender). - Public defender policies vary by state. ● Some full-time employees of the state. ● Some by contract or case. ● Some require pro bono hours from all attorneys in the state. Eighth Amendment ● Prohibits: - Excessive bail - Excessive fines - Cruel and unusual punishment ● The death penalty is allowed, but it must follow due process carefully. - States decide whether to allow the death penalty. - If allowed, states determine the execution method or methods. The Eighth Amendment and cruel and Unusual punishment Right to privacy is not explicitly written in the Constitution, but has been interpreted in the Fourth Amendment, facilitated by the Ninth Amendment. The right to privacy covers controversial matters such as -birth control - abortion -homosexually -The right to die Civil Rights The struggle for Civil Rights ● Civil Rights; rights guaranteed to all American citizens by law; usually refers to social freedoms and equal treatment under the law. - All American citizens have civil rights ( not merely minority groups) ● Often understood in terms of groups whose civil rights were recognized by the U.S government only after legal and political actions secured them. ● The Concept of “equal rights”poses complicated legal and policy questions - Does treating people in the exact same manner mean we are treating them equally? - How do we address real differences, as with biological distinctions between men and women, and preserve fairness? - How do we address past legally mandated discrimination in policy? ● Discrimination: use of any unreasonable and unjust criterion of exclusion ● Formal,legal discrimination against blacks and women was contested, but persisted. - Abolitionist movement ( Slavery) - Suffrage movement (voting) ● The subjection of blacks and women was political, economic, and social in nature. ● Voting, property ownership,employment, and social and public opportunities were sharply limited compared to white and male counterparts. ● White women had significantly more legal rights existed through her father, husband, or trustee. The Civil War Amendments to the Constitution ● Thirteenth Amendment; abolished slavery ● Fourteenth Amendment: guaranteed equal protection under the law ● Fifteenth Amendment: guaranteed voting rights for black men Separate But Equal ● The Supreme Court initially interpreted the Fourteenth Amendment very narrowly - Ruled the Civil Rights Act of 1875 unconstitutional for targeting private actions. ​ - Plessy v.Ferguson (1896) upheld the concept of separate but equal. Litigating for Equality Attitudes on racial discrimination start to change. ● President Harry Truman brings issues of racial discrimination to national attention through the 1946 President’s Commission on Civil Rights. - Commission’s report, To Secure These Rights, laid out the problems with racial discrimination and the success of racial integration in the military. ● The Supreme Court, beginning in 1938, sets stricter criteria for separate facilities under “ separate but equal.” ● After small victories by the Legal Defense and Education Fund of the NAACP, the Legal Defense Fund in 1948 begins filing federal lawsuits to enact constitutional change. -NAACP helps bring Brown v. Board of Education to the Supreme Court ★ Brown v.Board of Education (1954) - What started the attempt at desegregation - Case made its way up to Supreme Court Unanimous Supreme Court decision - Landmark because overturns Plessy separate but equal doctrine that sanctioned segregation - Determined separate but equal in schooling inherently unequal because predicted on the idea of racial superiority ​ he Clark Test


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