POL 201: Class Notes Exam 1
POL 201: Class Notes Exam 1 POL 201
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This 31 page Bundle was uploaded by Caitlyn Traenkle on Tuesday September 29, 2015. The Bundle belongs to POL 201 at University of Miami taught by S. Thompson in Fall 2015. Since its upload, it has received 58 views. For similar materials see in Political Science at University of Miami.
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Date Created: 09/29/15
POL Introduction 08292012 DAY 1 National Government Legitimate force 0 Power to hurt people comes from people idea of preserving union fear Social order in a society tries to make population safe safety try to make life more convenient pubic goods and services anarchist believe in good human nature and that government is not needed Social contract theory 0 Thomas Hobbes wrote leviathan which was how world would be without gov t idea that people need government to keep order trade freedom for order 0 John Locke Gov t in every political system except for anarchy Political system the way a group of people have organized to determine group behavior and activities Economic system A group of people that have worked together to make economic and nancial transactions Social System The way people behave and interact when the gov t is not involved traditions customs Direct quotpurequot or lndirect representative democracy 0 Direct the people make the decisions 0 Indirect choose individuals to represent them in gov t American Democracy comes from the Enlightenment Political ideology set of beliefs and values about society human nature science history psychology etc o Beliefs the way you think things are 0 Value the way you think things should be Leads you to believe that one political system is better than another and once its in place it should take certain types of actions and not others Democratic ldeology o Antiquity SOOBCSOOOAD Middle Ages 500AD1500AD Modern Era 1500AD Today Enlightenment mid 1600517005 0 Where new ideas started to form 0 Printing press allowed written manuscripts to travel 0 ldea that new ideas will spread light to a new way of seeing things bring people into the light 0 A ght against things that had existed before 0 Absolute monarchy Mercantile economy helped the rich get richer Hieratical societv king clergy aristocracy land owners gentry businessmen commoners farmers Not exible Devine right of kings god made the kings gave them a lot of power Classical liberal philosophers not only had ideas but pushed people to believe them to try and induce change Some beliefs and Values that emerged from the work of classical Liberal Philosophers during the Enlightenment in W and N Europe 0 O O 0000 O 0 Encourage progressive change in their political system economic system andor social system Divine right of kings not true Lack of religious conformity not dangerous to individuals society or gov t gov t shouldn t give of cial religion Human nature basically good John Locke Impressed with science Discoveries being made Galileo revolves around sun Newton gravity Human nature is product of nature Nature law can be understood by studying human beings and societies Later replaced this with the idea that individuals are born with certain human rights or natural rights and people can gure what these are Rationalism humans can gure out how almost everything does work and should work Individualism each individual is important Eguality people have equal value and have a right to things Gov t should be limited Social order could still exist The rule of law is important Gov t should not be arbitrary and should follow the law Nationalism members of the group should be loyal to each other Each group has a right to a state people territory and a gov t that is sovereign of its own Nation have common characteristics so feel that they are part of the same group and identify with each other State always political is a group of people they have property have gov t and is always sovereign meaning no outside gov t can tell them what to do Nationalism love of your nation identifying with strangers who are a part of your group n Roussea philosopher believe that each group nation deserved a gov t nationstate NationState a group of people with similar characteristics and a sovereign gov t o Nationalism almost encourages people to want to separate and make their own states but hard because usually will have to ght for it When US rst offered idea of democracy was not commonly accepted 0 People didn t understand why uneducated people would have a say when there were capable people to lead Freedom House organization that tracks growth of Democracy 195 states 0 Seeing a growth of more democratic political systems Not free has 48 states 35 of people in the world Partly free partly democratic has 60 states 22 0 Free has 87 states 43 Liberal democracy political system that s very democratic US usually have been around for a long time 0 Generally the older the democracy is the more democratic it is A lot of country claim to be democratic just because they have elections even though the country doesn t seem to be very democratic Elections controlled by gov t so in these countries elections could sometimes be fraud What makes a countryelections moreless democratic Indirect democracy less democratic than direct because people can t choose who represents them 0 The larger number of people who can vote more democratic Some people afraid to vote in case gov t watching them and you might vote for wrong person bc gov t sees who you vote for 0 Some countries force everyone to vote 0 Political gangs scare people into voting for certain people 0 So gov t has to protect it s voters Some countries just overlook and ignore elections if the outcome isn t what they want When US adopted democracy no one thought would work When US adopted democracy no one thought would work But had to settle new world rst New World 1400515005 Adventurers and expeditions to map new world 0 Gov t sometimes paid for these 0 Looking for a way to settle new world and claim it for their state 0 France Spain England etc wanted to claim new territory bc 0 New resources More land More power 0 Was almost like a treasure 0 Route to India 0 Were in competition 0 Britain tried to settle colonies on east coast and didn t work lost colonies Jamestown Colony 1607 0 Looking for gold Out to make money investment 0 Not gold but found tobacco and made a lot of money 0 Even getting there was very dangerous 0 Many people die on the way there 0 And then once you get there its all woods 0 Died of illnessstarvationwild animalsnative Americans 0 The people who actually went over were pretty low class and were all just looking to make a quick buck and be able to go home 0 Plymouth very different Plymouth Colony 1620 o The people didn t believe in the church of England Felt persecuted in their environment so wanted a place to get away to 0 One congregation went to Netherlands bc very free there 0 But they missed England and felt they were losing their English ways 0 So many went back to England 0 But this is why new world perfect because could keep customs and live with Englishmen but just isolated 1770s 0 13 colonies 25 million people 0 most from England or of English decent 175 years after rst colonies Magna Carta 1215 0 King john forced by lords to give concessions o Agreed wouldn t take life liberty or property away without a jury of your peers Gentry very top of common class Hated that lords had all these privileges that they didn t get o Talked king into giving them a council 0 This then evolved into parliament 0 House of lords House of commons turned into British parliament Colonies 8 royal gov t and leg 0 3 proprietary gov t and leg 0 2 charter gov t and leg Problem in 1700s bw colonies and England 0 Taxes didn t have before so weren t used to them 0 Was too hard to collect 0 Wanted people to move to the colonies no taxes was motivator o Gov t used to even give land to people who moved there Started taxing bc gov t needed money for Spanish American War 0 War was to protect colonies Taxes 0 Tea tax 0 Stamp tax stamp had to be on everything sold 0 Didn t like bc 0 Not used to them 0 Thought too high 0 Also when tried to object had no representation in gov t No taxation without representation Thought had right to be in house of commons bc they were Englishmen unlike other foreign countries conquered Boston Tea Party 1773 o Rioters dressed up as native American and stole shipment of tea that belonged to East India Company and threw into harbor Performed in protest as a weak group were trying to get attention from gov t o In response sent in more military troops Told boston had to send in people who did it for trail Pay for tea and taxes Closed Boston harbor hurt merchants and consumers Then thought of mass as troublemakers 0 First continental congress 1774 0 Met in philly came together because of tea party 0 Representatives from each colony to meet to show some kind of united front to negotiate with gov t o Wrote petition to gov t 0 Closed trade to England 0 Decided to start a militia in each colony for self defense in case 0 Gov t didn t take very well Esp bc of the trade being closed Were also worried about militia bc their military is the British military So responded again with more troops 1775 ght starts accidentally heard were weapons in Lexington and concord so went to retrieve because didn t want them to have them also went to arrest some people including sam adams they thought he organized the tea party people were told they were coming so militia got ready 0 O O ending up ghting people on both sides died a shot heard around the world turns into battle of Lexington and concord second continental congress same as before in philly with representatives because of battle of Lexington and concord because excepted gov t to do something purpose was to negotiate a cease re also wanted to asked for some things they were not happy 0 O 0 about didn t think they would be there for very long wrong most people did not have desire to be independent it was not discussed and refused to discuss it bc it was treason and because England was their nation was big step from being happy with their nation to traitors also fear that traitors would be caught by gov t as a group they were also not coordinated separate colonies and rst time they ever even met together was rst continental congress monetary reasons people at this meeting were rich and didn t want to risk what they had obviously were going to lose a England could fund had large and good military I colonies not organized amateurs wo any military experience not much funding meaning no good weapons and such were protected by England bc major power at the time 0 John Adams sam adams cousin pushed for independence and put on committee to send letter to gov t along with shermans livingstion franklin Jefferson Had majority vote independence Second Continental Congress On committee for people who wanted independence 0 J Adams Jefferson Franklin Livingston Sherman Adams gave Jefferson responsibility to write Declaration o bc it should be from someone from VA not MA bc MA troublesome and VA conservative old colony o and bc Jefferson was a better writer 0 and bc everyone like Jefferson not Adams Hancock decided on majority vote for independence 0 Thought was most fair didn t want colonies to ght because thought was unfair Had gone to far already ghting if stop now bad repercussions might as well ght for something independence Franklin said that we are a new state used to be with England but now new and deserve a state of our own 0 Nationalism argument Delaware were 3 guys one went home because sick Only had 2 and one was for and one was against so asked one that was home what his opinion was and he was for So went 70 miles in rain sick to the congress to give his vote Managed eventually to get all 13 delegations to vote for it Declaration of Independence A letter to the king to explain why the colonist have right to leave them and start state of their own Also explains to colonist what they are looking to do Borrows very heavily from john Locke social contract Idea that people set up gov t for their safety and happiness 0 Gives people rights 0 And also have right that if the people do not like the gov t can changeit Think they actually have a right to be independent 0 List of things the gov t has infringed on their freedom and rights Converted war to just ght to war with objective of independence 2 copies 0 rst just sign by Thomson and Hancock and 200 distributed to king all colonies churches newspapers Want to distribute idea 26 left today 0 Second made mistake and everyone should have signed This one sent out 200 printed Godard 9 left 0 Thought as original one written by clerk and signed by everyone Made clear to gov t and public that this is what it had turned into 0 Were unsure of what public would think 0 Patriots onside of independence 0 Loyalist against independence thought was treason The big 3 j Adams jefferson wrote declaration Washington commander of continental army Way they won war France supported them 0 bc they didn t like England just messing with British 0 super power competition 0 got few weapons money and troops o ghting on own land 0 gueria warfare surprise attack British were professional trained troops accustomed to the rules of engagement inear battle eld coonist didn t play by rules bc didn t think would win and most didn t know them do not have to win battles just have to win war 0 greater commitment coonist had everything to lose life still would be same for British soldiers 0 British troops didn t know who to trust Benedict Arnold smart general for colonies o Traitor that went over to British halfway through war People in the eld 0 British troops kept 60000 in eld 1 were coonist 0 Continental army 2000090000 in eld During war went about making constitution to establish the US gov t a national or central gov t Each 13 colonies became states 0 Articles of confederation 0 Operating manual for gov t constitution 0 Got idea for constitution from English 0 Articles of Confederation 17811788 war still going on Confederation a loose alliance of states 0 A league of friendship what America called themselves 0 Independent sovereign states Each state has own laws gov t constitution people territory 0 Centralnational gov t belongs to the state Used to coordinate for bene t of state Unitary system centralnational gov t controls states 0 One sovereign gov t 0 Has people territory 0 May have smaller units of gov t that were set up by central gov t and can be rid of by them too 0 Most people have this America decided on a confederation Thought made more sense because of vast area and transportation restrictions 0 Every state would be responsible for themselves 0 Are all sovereign so outside gov t cant tell them what to do 0 Use of nat gov t 0 Wanted a nat military US gov t fusion of powers US congress Carries out makes and enforces national laws o Majority rule for new national law 0 Then have to have 9 of 13 states to approve Each states choose a certain amount of representatives 0 Has to ask states for money to run nat gov t o Billed state gov t once a year 0 But no penalty if a state doesn t pay Problems in rst few years 0 Trade wars 0 Each state gov t only looking out for own economy and competitive with each other Thought success in other state would hurt theirs o No nat trade agreements 0 So states had own agreements that would bene t them and hurt other states 0 Also had interstate trade restrictions 0 Nat gov t might go bankrupt 0 Can t get money bc usually only got a quarter from states 0 War time debt Their responsibility not state s Nat gov t had trouble passing laws 0 bc had to get approved by congress and states 0 state all made their own money printed own money 0 and some money worth more than others 0 some states when in trouble would just print more money devalued it 0 national security 0 thought would be dif cult to raise troops if needed bc states would have to volunteer people and money 0 internal securityriots 0 lack of social order 0 shay s rebellion o riots driven by people who were desperate nancially people told would be given money after war if fought but gov t didn t have money so people asked state and they couldn t raise enough money either state gov ts sometime afraid of it s people 0 if couldn t pay debts would auction of what you have or go to court and you would go to deder s prison stay acts rules against taking things from people bc of debt for a certain amount of time n pissed of people who collected the debt 0 some people worried there was too much democracy 0 some states got rid of requirement of owning property to vote but was this good Want stupid people voting Some not higher class people started getting elected 0 Could stop laws from happening by voting out the person that was going to make them The elite more concerned about these problems than anyone else 0 Had more to loose property business 0 Had to do business with all the different state trade agreements Also afraid because they are the minority Had more time to think about it o 90 were small farmers 0 were more informed realized weren t just problems where they lived but throughout the nation 0 this included the founders and the nat gov t of cials people in US Congress Led to Madison and Hamilton to have some sort of convention Congress thought nat gov t too weak and too much power to people 0 But in democracy people have to be left free 0 Had to nd balance 0 Think right now balance is off 0 Thought to x would have to amend the articles of confederation 0 To amend had to have unanimous agreement to change not likely but wanted to try anyways Approach US congress to promoted convention didn t want to 0 But got permission to have convention to suggest changes to the constitution Contact states to get delegates to send 0 All states went except for RI 0 Had the Constitution Convention 1787 0 Goal was to suggest changes to constitution 0 US Constitution Constitutional Convention 1787 purpose was to amend the articles of confederation 0 Expected to suggested amendments to AofC 0 Want to make gov t more powerful impossible under AofC o Decided that they needed to completely rewrite constitution No one approved so did in secret swore they wouldn t say anything Would release and see if congress and states would approve 0 Worked during summer and produced a document 0 Made of 55 men from 12 states RI refused Madison plantation owner in VA and Hamilton NY lawyer similar but different Hamilton more conservative these guys started convention These people were not like most more educated more aware of what was happening around countryworld wealthy business owners a 8 of them signed rst constitution n 14 served in continental army n of the eliteupper class 0 sent nished doc to us congress some us congress people in convention but secret us congress voted to send doc to states people in us congress also elite and similar to people in convenUon 0 states set up constitutional ratifying conventions were prominent people from each state except RI was extremely controversial a thought end of democracy also thought it would not pass afraid that if nat gov t had more power would take away freedom I recommended that they sent a list of things that the gov t couldn t do n everyone should have a bill of rights a have to put the peoples freedom in the constitution 0 reasons why it passed promised that if ratify it would add things individual freedom between madison and some of the states that didn t want to ratify it was done 10 years after rst constitution so everything about US was up in the air similar elite people making decisions and understood more had advantage of having talked and know about it for a long time the people opposed had to study it and get people together to gure out what to do people in convention very respectable in home states in uenUal u when they went home campaigned George Washington presiding officer at this meeting a Very well respected bc won war and then refused any position of power after When 9 of 13 states becomes new constitution instead of 1313 because knew they couldn t get that I Made this new easier rule for themselves 0 1788 got 9 votes and became constitution and killed of AofC Constitution made lifegov t very different from AofC Was only 4 pages so very vague bc couldn t agree and didn t think states would either if there was too much detail Say that they were trying to make a more perfect union First article 0 About congress legislative primary responsibility to make nat laws Second article 0 About executive branch powers of president used to carry outenforce the laws Third article 0 About judicial federal courts used to interpret nat laws Fourth article 0 Say that they would let states exist 0 National gov t going to be sovereign explained how this would work with the states being sovereign too 0 How state gov t would relate to other state gov t 0 And about how state gov ts would interact with nat gov t Fifth article 0 Explains steps you would have to take to change the constitution Sixth article 0 About relationship bw feds and states Seventh article 0 About rati cation 9 out of 13 Constitution goes into affect in 1789 Constitution is lled with compromises 0 Because couldn t all agree 0 Had to think about what the states would except 0 Had to agree on something that would scare the public 0 Some say with compromises you cant get perfection Only way to get constitution done Compromises Separation of powers some compromises turned into good ideas 0 The great compromise about legislature branch how many representatives each state gets 0 Little states wanted one per state didn t want based on population wanted each state to be equal same amount of power 0 Big wanted based on population Thought would get more power 0 The compromise was to do both One chamber that big states wanted US House and another that little states wanted US Senate So had to do a census 0 The 35th compromise o A slave counts for 35th of a person for the census to decide how many representative in the House 0 Slavery started in 16005 in Jamestown 0 Was always controversial o Compromises Large state small states 0 Great compromise state representation 0 Southern states northern states 0 Make national gov t strong but not too strong 0 Power to the people but not too much US Constitution About slavery 0 Article 1 Section 2 0 35 Compromise blacks count as 35 of a person for census to gure out the of representatives both north and south happy with this because north got paid taxes because of the blacks in the south and south liked because had a lot so more representation census from 1790 on every 10 years nat gov t is now going to have power to regulate commerce across state line and international o slave trade included in this people worried gov t could stop slave trade 0 Article 1 Section 9 state a bunch of things that the gov t could not do 0 Gov t cannot stop slave trade until 1808 gave a state to make both north and south happy 0 Article 5 about amending constitution 0 Cannot amend previous statement out of constitution about slavery 0 Article 4 relationship that state gov t have with each other and relationship with nat gov t o Slaves that run away to a different state are not free Want to make Nat Gov t stronger but not too strong 0 Allow gov t to be sovereign make it stronger because don t just serve states 0 Separate powers of the nat Gov t 0 Article 1 legislative branch US Congress US House and US Senate Make nat laws Article 2 executive branch President Carry out nat laws 0 Article 3 judicial branch Judges Interpret nat laws Got separation idea from Montesquieu French philosopher 0 Assume that different branches will be competitive against each other and therefore keep each other in check and not let one gain more power than another Each has a little bit of power of the other too Checks and Balances n 23 in the house and 23 in senate can override a president veto n impeachment bribery o treason 0 high crime misdemeanor o downside is that gov t is slow and inefficient O O so gave gov t more power but made it harder for them decided to let states live 0 before had confederation where states sovereign and nat gov t works for states everywhere else had unitary system 0 had to keep states too because couldn t see state gov t ratifying to get rid of themselves 0 decided on a federation were none at the time read about 2 levels of gov t share power and responsibility for the same people in the same territory a nat gov t state gov t made nat gov t sovereign no outside gov t can tell it what to do and state remained sovereign Power to the people democracy but not too much 0 Direct democracy pure do not want 0 Only possible for small societies Athens 0 Where people are the gov t Representative democracy indirect what they wanted 0 Republic a form of a representative democracy Representatives not in uenced by people makes decisions on own instincts Want elite in power and don t want masses to have too much control majority tyranny US Gov t nationalcentralfederal gov t 0 Article Legislative Branch 0 US House reps voted in by the people direct election 0 0 State legislature would appoint 2 reps for US Senate indirect elections voters choose some and they choose someone else 0 Article II executive branch 0 President and vice president state leg chose state electors who chose president indirect election 0 Article III judicial branch 0 Judges nominated by president and approval from senate indirect 17th amendment later allow us to direct elect US Senators Constitution in 1789 went in affect and killed articles of confederation Gov t has changed drastically since then 0 but not from changes in constitution bc constitution on national level 0 Every state has constitution here is where most of the changed occurred Gay marriage Women voting Wyoming 50 years before rest 0 US Constitution silent on most things 0 Nothing about political parties 0 Silent on citycounty gov t so can have if want 0 US constitution vague and general 0 So interpretation changed 0 Slowly states allowed people to vote for president Started by letting people vote for president they wanted and then state leg voted for electors that want the same president 0 Executive orders only implied in constitution Changes to Constitution via Amendments 27 amendments 0 Amendment allows for formal change 0 adding to constitution of something that was not previously in constitution 0 also some change parts of constitution 2 ways to propose an amendment used one and never the other 0 US Congress 23 in US House and 23 in US Senate want then it is proposed All 27 amendments done this way 0 23 of state gov t contact gov t say want constitutional convention they propose it then 0 Ratifying Amendments 0 At state gov t level 0 34 of 50 state legislature agree 26 amendments done this MY 0 34 of state gov t ratifying conventions different because conventions don t have to be just gov t officials 21st amendment was to get rid of prohibition anyone in US House or Senate can suggest amendment and every meeting there are a lot 10000 introduce 33 got out of senate 27 passed 0 that s why they made it hard for an amendment to get passed 0 Voting Amendments 0 17th amendment 1913 people elect senators makes system much more democratic because have to pay attention to what people want if they want to get reelected o voting up to state gov t 0 had very restricted voting rules early on 0 15th amendment 1870 cannot be stopped from voting because of race 19th amendment 1920 women allowed to vote 0 24th amendment 1964 outlawed poll tax having to pay to vote 0 26th amendment 1971 changed age for voting to 18 because of Vietnam war bc was draft for anyone 18 before common voting age was 21 Civil Rights Amendments Amendments made so state gov t have to treat races equally Civil War 18611865 did not abolish slavery made an environment where 13th could be passed 0 13th 1865 abolished slavery people can no longer own other people 0 14th 1868 equal treatment 0 15th 1870 equal voting rights Civil Liberties freedom from gov t 0 List of things that gov t can t do to infringe on individual freedoms Dangerous because limitless things you cant do 0 Later on when people saying gov t doing all these bad things they can just say well it s not on the list 0 Hamilton said there is no purpose for the list didn t give them power to do those things in the rst place 0 Some would not accept though without it 0 Did put 6 civil liberties in body of constitution o In Article 1 congress article No ex post facto law idea that should be warned about things that are illegal Can t make things illegal after you committed and then get you in trouble No bills of attainders a kind of law that punishes someone without a trail law says what the punishment is So cannot punish someone without a trail 0 O Can t suspend habeas corpus When something s wrong with a person being held by gov t seeking relief from unjust incarceration In article 3 judicial Jury trail will be jury trail for crimes except impeachment Treason person cannot be convicted unless 2 witness that saw the same overt action and testify against the person or person has to plead guilty No religious test cant require a certain religion for gov t positions First 10 amendments about civil liberties Idea people born free 0 Makes system more democratic o Referred to Bill of Rights 0 Right to be free from gov t and its protection from the gov t Grew out of trying to ratify constitution O O O O O O 6 things written in body of constitution but wasn t enough for most people if states would ratify promised to put in some amendments about civil liberties so added Bill of Rights but hard because they made it hard to add amendments public concerned about increased power and not enough control to protect civil liberties madison voted into House proposed amendments wrote 17 in total takes 23 of house and 23 senators to approve only 13 passed through voting to be proposed 34 of state gov t must now approve only 10 of 13 passed from here 0 all about personal freedom from gov t violation or intrusion 0 1st Amendment gov t cannot do certain things 1 establish a religion 2 prohibit the exercise of speech 3 or of the press 4 right of people to peaceably assemble 5 petition the gov t for a redress of grievances Amendments that are more obscure o 10 made clear that if power not given to gov t in constitution and if power not prohibited by constitution then power belongs to state or people 0 9 just because it s is not in the constitution doesn t mean that s all that the gov t cannot do 0 7 about civil cases an argument defendant defending themselves and plaintiff one that s suing a compensatory when defendant pays compensation a punitive when defendant pays as punishment one jury cannot overturn what another jury does 0 3 no quartering in soldiers in homes during peace times unless the home owner accepts it no quartering in wartime either unless gov t makes a law that says they can 0 Amendments that are more well knows o 2 right to bear arms militia nowadays is more formal national guard each state has their own supreme court always rule based on militia therefore does not protect right to arms for individuals but 5 years ago changed their minds means also that private individuals have right 0 Criminal Justice Issues 0 6 right to speedy public trail with impartial jury witnesses lawyer to know what your convictions are make it less likely that an innocent person would get convicted for something they did not do 0 5 have protection from selfincrimination can t have to testify against yourself right to remain silent protect from double jeopardy I cannot be tried for same thing over and over gov t can t take life liberty or property without due process of law Grand jury before the trail a capital crime one that could have death penalty a role is to listen to evidence and decide if they have right to put you on trail 0 4 need a search warrant get warrant from judge have to show sufficient evidence with probable cause 0 8 no cruel or unusual punishment some people believe death penalty fall under supreme court doesn t believe this open to interpretation also says no excessive nes or bail Bill of Rights limited gov t amendments intended to limited national gov t not for state gov t 0 did this because states and people afraid of nat gov t becoming more powerful Interpretation of Constitution left up to Courts don t need to know cases or court processes 0 Barron v Baltimore 1833 argued that he should have gotten paid some just compensation for the property that he lost Says Maryland unconstitutional 0 Court rules that 5th A doesn t apply to states 0 Did not think that anything in Bill of Rights applies to states The people closer to state gov t than nat Many more laws here people punished by state 0 So if doesn t apply to states people in jeopardy 14th Amendment Section 1 changed all this 0 wasn t the purpose of the 14th amendment purpose was to not allow state gov t to discriminate against African American citizens doesn t say a word about African Americans just says that people must be equal 0 says that state gov t can t take life liberty or property from citizens without due process of law idea that gov t must follow law originated in England 0 but added inalienable rights that people are born with and that gov t can t take those anyway Chicago BampOR Railroad v Chicago 1897 got railroad taken away and thought against 5th A because was not given compensation Court ruled this time that state couldn t do because it is a basic human right to have property 0 14th A requires state gov t to give just compensation and incorporated with Due Process of Law freedom of speech in rst amendment also incorporated into Due Process of Law 0 this process in called incorporation gov t process is called selective incorporation Bill of Rights produced a more democratic environment by restricting Courts made more democratic with their interpretations of the Constitution bc tended to interpret in ways that people have more freedom Symbolic speech rst amendment still protects bc that s how the courts interpreted O O O O Demonstrations lost because said they were in trouble for trespassing not for their political statement Upside down peace symbol ag desecration of ag conviction repealed Texas vjohnson 1987 burned an American ag and convicted for desecration of ag Burning ag always political statement so law that they cant can no long exist Only protects peaceful protest if violates other laws will not protect 4th Amendment need for search warrant thought this meant that literally police going into house bc no other way when written interpretation has changed wire tapping Kylov v U52001 drug case 0 O O 0 US gov t ying over houses and taking pics trying to get heat sources looking for grow houses Take pics to judge as probable cause get warrant and convict Lawyer says it violates 4th A bc evidence they got to get the warrant violated So Supreme Court overturned bc they had no probable cause
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