Poli Sci 2 Exam Reviews
Poli Sci 2 Exam Reviews 2320
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Poli Sci 2320Test 1 042 52013 50 Questions 25 LECTURE 25 BOOK Lecture Notes Review all of your notes from lecture and the movie which was shown this would account for half of the test Alien and Sedition Act 1798 the presidents right to deport citizens Free Exercise Clause Prohibits government interference with religious beliefs lf government action regulates conduct even religious conduct then valid 0 Exceptions Amish exempt form compulsory education State can t deny uncomplimentary bene ts to persons who quit their jobs for religious reasons Hobson Vs Wilson the Circuit Court for the District of Columbia found wrong to be the proper remedy for ensuring First Amendment protection when personal information was college and maintained in FBI records in the violation of the Privacy Act of 1974 notwithstanding the FBI s argument that it needed to retain the records for the present future litigation defense purposes Freedom of Information Act a law guaranteeing citizens access to certain government documents Government Suppression of ideas Reasons 0 Means the action of suppressing something such as an activity or publication 0 Self preservation pressing ideas and info that doesn t get to citizens o Imposing morality o A combination of the two Types of Censorships 0 Can t send porn via mail 0 Blocking things on the internet Symbolism o A form of communication Ex A murder could be a symbol of hatred Cohen Vs California 0 Cohen shirt said quotfuck the draftquot arrested for intent of disturbing the peace 0 Did California s law for harassment violate Cohen s right to free speech Yes Cohen was not directing his opinion at someone speci c and was not causing criminal activity Obscenity anything that depicts sex or nudity in a way that violates society s standards of decency The Roth Test 0 Appeals to the Prurient Interest in sex 0 Utterly without redeeming social value 0 Patently offensive Roth Vs US 1957 0 quotAverage personquot and quotcontemporary standard criteriaquot 0 Appeals to quotprudent interestquot intended to quotincite lustquot o Utterly without quotredeeming social valuequot Patently Offensive include representations or descriptions of ultimate sexual acts normal or perverted actual or simulated masturbation excretory functions and lewd exhibition of the gentaB Miller Test to De ne Obscenity o 1 Average person nds work as a whole appealing to prurient interest 0 2 Displays sexual conduct in patently offensive way 0 3 Lacks serious artistic scienti c political literary value y a reasonable person s standard Problems with the Miller Test 0 The rationality o Predictability What is the impact of obscenity o Is it so unimportantimportant that we need to change the 1st Amendment No because obscenity is not justi ed FCC Vs Paci ca Foundation 1978 o The US Supreme Court upheld the FCC s authority to penalize a license radio broadcaster for airing indecent language during the day when children were likely to be in the listening audience 0 Radio stations didn t have the 1st Amendment right to air the content 0 lndecency was de ned as the words in George Carlin s dirty words monologue Telecommunications Act of 1996 0 Used a stations potential audience to measure ownership limits 0 The act allowed one company to own TV stations that reach up to 35 of the nations homes 0 Broadcasters also are no longer required as they once were to hold onto a station for 3 years before selling it 0 Today stations may be sold as soon as they are purchased Communications Decency Act of 1966 o Outlaws making quotindecent communicationquot available to children Regulations 0 Broadcasts could still own a certain number of media in certain area 0 Judges have a choice to record testimonies New York Times Vs The United States 0 The NY Times39 right to publish information was protected by the rst amendment even though the information was classi ed Snepp Vs United States o Sneep was a military CIA and military guy who wrote a book The CIA took it away because it might have had some CIA secrets in it even though it didn39t Reliqious Repression and Violence Historical examples 0 Spanish Inquisition 0 17th Century England the Star Chamberan English court of law that sat at the royal Palace of Westminster until 1641 It was made up of Privy counciIors as well as commonlaw judges and supplemented the activates of the commonlaw and equality courts in both civil and criminal matters lst Amendment Freedom of Religion 0 Congress shall make no law respecting and ESTABLISHING of religion or prohibiting the free exercise Problems with attempts to remove religion form politics 0 Religion is part of American culture 0 Religious groups have a right to participate in elections and campaigns 0 Religious movements have supported both conservative and liberal causes Problems with the lst Amendment the language itself 0 First question what does the Establishment Clause prohibit o 1 Any and all government support of religion or o 2 Only the establishment of an official denomination What does free exercise clause guarantee 0 Free exercise of conscious 0 Only the freedom to choose among organized religions 2000 Santa Fe Independent School District vs Doe 0 Public schools cannot have prayer before football games over the public address system Engle Vs Vitale 0 Non denominational prayer a nonidenti able God is ok Reno vs ACLU 1997 o The Court struck down the Communications Decency Act ruling that it suppressed speech that quotadults have a constitutional right to receivequot Case dealt with obscene material on the Internet Sensationalist newspapers is a type of editorial bias in mass media in which events and topics in news stories and pieces are over hyped to increase viewership or readership numbers Sensationalism may include reporting about generally insigni cant matters and events that don39t in uence overall society and biased presentations of newsworthy topics in a sensationalist trivial or tabloid manner Prodressive Movement 0 Lasted 1890s until the 19205 0 Period of social activism and political reform 0 People led efforts to reform local government public education medicine nance insurance industry railroads churches and many other areas 0 A lot of political corruption exposed in this period 0 Spoils system replaced with professional civil service exams 0 Australian ballot secret allows split ticket voting The Prodressive Case 0 Progressive magazine tried to get story about how nuclear weapons worked censored 0 Story was all based on public information 0 District court issued restraining order against magazine 0 Other authors published same information as was in Progressive articles Hbomb created by Edwin Teller Hydrogen bomb more powerful than atomic bomb Examples of disfavored drouos 0 Political opponents the Alien and Sedition Acts 0 Revisionist ideas antebellum abolitions o Radical minorities Chinese s and African Americans Domestic Terrorism is de ned as o Acts dangerous to human life that are in violation of criminal laws of the US or state OR 0 To intimidate or coerce the civilian population 0 In uence the poly of government by intimidation of coercion o Affect the conduct of government by mass destruction assassination or kidnapping Problems with Domestic Terrorism de nition 0 Vague and expansive could be applied to legitimate political dissent Books Alderman and KennedyIn our Defense What were the issues in the cases what happened how the cases resolved if it went to court what the courts said at every level and know the simplistic reasoning as to why the courts did what they did Know which States sent representatives to the Constitutional Convention of 1787 0 Know that Rhode Island didn t go What entity or entities was the Bill of Rights meant to protect the infringement of personal rights from 0 Bill of Rights was meant to protect individual rights from the federal government Know the arguments made by each side in the case The Missouri Knights of the Ku Klux Klan v Kansas City 0 The cities reason s for why the case should be dropped 1 Claimed it was not public property it was the cable companies private property 2 The Klan was not deprived of it s free speech because they could still hold rallies and things of that nature 3 The resolution dropping the channel was content natural Know Justice Holmes model which was applied to the case The Missouri Knights of the Ku Klux Klan v Kansas City 0 The model of the market place of ideas According to it the proper response to offensive speech is not to prohibit it but to combat it with counter speech Know How the Case The Missouri Knights of the Ku Klux Klan v Kansas City was resolved 0 Whatever the city council did is how the case is resolved Whatever city council did for the KKK o The council reinstated the channel They just had regulations to protect free speech What is an absolutist view of the First amendment 0 The First Amendment presents an absolute or complete barrier to government censorship The government cannot censor the press for any reason No exceptions no caveats no quali cations Know why the government tried to stop the publication of Moreland s article in the Progressive and reasons he cited why it should be published 0 The government tried to stop it because it was known to be secret info 0 Morland said it wasn t dangerous to publish because 1 It came short of giving an actual blue print to creating an Hbomb 2 Most countries don t have the technical knowledge or money to build them 3 All the info was already in the public domain they could nd it if they really wanted to What was the difference between this case and the pentagon papers case which allowed the government to bring suit against the progressive to prevent the article from being published 0 Atomic Energy Act let the government bring suit that stopped the printing of the article How was the Progressive case resolved and why 0 The government dropped the case because of the Hanson letter 0 The other factors ls Dmitri Rotow ACLU investigator went to the Los Alamos Scienti c Lab and from the public shelf pulled much of the same quotsecret dataquot that was in the Morland s article Some reporters deliberately went out to set up the Moorland article using only public sources and came close to the original funding of the Morland article What was the issue in the case Northwest lndian Cemetery Protective Association v Peterson 0 Because the G0 road would tear down the sacred ground of the Indians in which they practiced their religion Without these grounds they would not be able to practice their religion which in violation of the rst amendment 0 Know the decisions made by the courts and the reasoning for them in the case Northwest Indian Cemetery Protective Association v Peterson 0 Two different courts Federal District Court of the Northern District of California lower court the court decided the completion of the railroad would violate their practice against their freedom of religion Supreme Court overturned the lower courts ruling saying that they did not violate their rights because they are not forcing them to change their religious practice 0 What was the issue in Hobson v Wilson 0 They were sued because of their involvement in the cointellpro operation 0 Why did the defendants argue the case should be dropped 0 1 The defendants weren t able to show any damage being done 0 2 They thought it was unfair because their names were attained at random 0 3 Brandon thought the FBI should have been sued and not the agents because they did everything with the approval with the agency Nothing that they did was outside of the their mission standards so everything they did was inside of the agency Therefore the agency should be responsible not the individual agents 0 What was the decision of the courts in the case Hobson v Wilson 0 Two different Lower Court s decision it was a jury trail They didn t believe anyone could consider actions lawful They awarded almost 800000 US Court of Appeals for the DC circuit decision they upheld the award but the damages weren t that bad so they wanted thought they should lower it The nal awarded was almost 46000 compared to 800000 Landler Gitlow v New York a 1925 decision by the Supreme Court that up help the constitutionality of criminal anarchy status First case that the Supreme Court realized that the 14th Amendment could be used against the Bill of Rights 0 What events lead to the creation of the New York Criminal Anarchy Law 0 The assignation of William McKinley Who was Ben Gitlow Family Background professional positions held Ideology 0 Member of the Left Wing Section The socialist Party formed in position to the party s dominant policy of moderate socialism and crisitzied the party for introducing socialism Viewed as mass industrial revolution as the mechanism 0 Family background his father was a Jew that had emigrated from Russia 0 Professional positions held Member of the NY State Legislature called the assembly 0 Ideology Socialist Party What was the New YorkJoint Legislative Committee Investigating Seditious Activities and who were important people to this committee 0 New YorkJoint Legislative Committee Investigating Seditious Actives or popularly known as the Lusk Committee was formed in 1919 by the New York State Legislature to investigate individuals and organizations in New York State suspected of sedition a speech and origination that is deemed by the legal authority to tend toward insurrection against the established order 0 The important people Senator Clayton Lusk chairman and who the case was named after Archibald Stevenson instrumental in the formation of the committee and committee special council and expert on Bolshevism What was the guiding legal doctrine for the Gitlow case and those that would follow 0 The quotbad tendencyquot doctrine Holding people accountable if their speech could be seen as inciting violence or unlawfulness nature Gitlow used some communist s threats Know what Case was said to have been a litmus test for the Lusk raid cases 0 Lusk Rapids cases came before Gitlow AlonenPavivio trail created a magazine that advocated the overthrow of the government 0 Treatiseasmainevidence prosecution s plain for the case and for the later cases from the Lusk raids What was the defense commonly used by communists at their trials what was the defense used by Gitlow s attorney 0 The Labor Defense got public pressure to get the court of jury dismiss the case 0 Gitlow s defense ended up being 1 Gitlow wasn t responsible for the printing They couldn t use 1 as a defense because he was responsible for the publishing 2 No crime had been committed under the anarchy law because there was no advocacy They couldn t use 2 as a defense because he wouldn t give a testimony saying that it was only history 3 Unconstitutional because it wasn t connected to incitement to illegal activity used this What was the Supreme Court decision in Gitlow vs New York and why is the case considered important 0 He was arrested and convicted for violating the New York Criminal Anarchy Law of 1902 which made it a crime to attempt to foster violent over through of government He still went to prison for 5 years 0 The Supreme ruled in favor for Gitlow Freedom of speech and have press is among the fundamental personal rights and liberties protected by the due process clause of the 14th amendment What was the speci c clause that the Gitlow vs New York used 0 Due Process Clause Know the defeasance in the cases that came after the Gitlow case 0 Theses are the cases that came after Gitlow that were all on trial for being communist Winitsky he was the rst one right after Gitlow Jim Larkin second one lrish immigrant and a socialist leader in Ireland lsaac E Ferguson Charles E Ruthenberg Know Gitlow s later life 0 He went form being a staunch supporter of communism to being a fervent anticommunist The Great Purge and the Trail and execution of Bukharin in the Soviet Union made him back away from his staunch communism support As mentioned in Free Speech for Sale which politicians objected to the Free Use of Digital Spectrum portion of the 1996 Telecommunications Act 0 a Bob Dole b John McCain 0 c Mitch McConnell I A and B What radio personality went off the air soon after calling corporate ownership of the media quota monopoly over news and informationquot HE STARTED TALKING SOME CRAP ABOUT THE TELECOMMUNICATIONS ACT AND WAS SHORTLY FIRED AFTER 0 a Howard Stern b Don Imus o I Jim Hightower d Bobby Bones 0 As discussed in class which of the following would be considered threats to our liberty PRIVATE GROUPS COULD BE LOBBIEST o a Government b Ourselves o c Private groups I All of the above 0 Which of the following statements is NOT a reason for prohibiting child pornography o a It s evidence of child abuse 0 I It s cinematically unappealing to the majority of citizens o c Selling and buying it provides incentive to act illegally o d State s compelling interest in protecting children Lecture 1 Liberty A right of privacy is not expressed in the Constitution 0 Different view of Liberty 0 A A zero sum game in which more governmentless liberty o B Government sees both a threat to liberty and protector of Hbe y 2 Grizwald Vs Connecticut Connecticut prohibited people from providing birth control Grizwald challenged this in court because it s against the Constitution 3 Roe Vs Wade Expanded the Right of Privacy to include a woman s right to choose to terminate pregnancy by abortion Texas Law made abortions illegal 4 What Roe Vs Wade did not do 0 De ned when life beings Refused to recognize that the state has an interest in protecting potential life 0 Rule that fetus has constitutional rights Engage in balancing a woman s right to choose abortion against a fetus right to life 5 What Rose Vs Wade did do 0 Invalidate state laws that completely prohibit abortions Engage in a balance between a woman s right to choose and the states interest in o Protecting the health of the mother 0 Protecting potential life 6 Planned Parenthood Vs Casey s new test It didn t talk about how the fetus is an actual human being 0 Right of the woman to obtain an abortion before validity without undue interference from the state 0 State has the power to restrict abortions after fetal viability State has a legitimate interest from the onset of the pregnancy in protecting the health of a woman and life of the fetus that may become a child 7 Spousal Consent a woman who wants an abortion must get approval from their spouse 8 Carhart 2000 0 Nebraska Law Prohibits abortion Procedure known as quotdilation and extraction D amp X or quotIntact Delation and evacuationquot D amp E You can only sue one type of abortion US Supreme Court overruled by 54 vote 0 Undue burden on woman s choice 0 Law did not provide expiation for instance in which procedure might be necessary to preserve a woman s health 9 Bowers Vs Hardwick amp the Culture War the two sets of opinions re ects differing views of the nature of morality o 1 Brennan states should play a limited role in de ning or enforcing a particular view of morality 0 Society should be tolerant of differing views in personal matters 0 2 Majority toleration means quotlicensequot society needs and enforceable moral code 0 There are no moral values because you have license to do whatever you want 10 Lawrence Vs Texas 2003 US Supreme Court overrules the Texas Law on bias of right of Privacy because of gay sex Overruled Lawrence Vs State 11 What is the difference between abortion and gay marriage Abortion remains a problem of the courts while gay marriage remains an issue in politics 12 Why does it seem the problem of gun violence may be getting worse 1 Accessibility 2 Accessibility leads to carelessness and accident 3 Increase repower 0 Drive by shootings o Senseless mass shootings 4 Random violence 5 Road Rage amp other expressions of rage 6 Assassination amp public attacks 13 Gun Control Act of 1968 1 Limited mail order purchases 2 Restricted importation of surplus military ri es 3 Prohibited purchase by convited felons Arguments for and Against the Death Penalty 0 1 Deterrence a theory that the fear of being put to death will deter potential murderers In favor of the death penalty 0 2 Cost Effectiveness the cheapest means of removing dangerous and antisocial persons form society 0 3 Retribution t and deserving retribution of their crimes An eye for an eye 14 Arguments for and Against the Death Penalty 0 1 Unfair Application the death penalty is more likely to be applied to minority males 0 2 Finality opponents of the death penalty argue that innocent people have been executed 15 What are some arguments against the death penalty 0 Discrimination o Finality 15 Eligibility for Death Penalty Convicted of 1st degree murder 0 With aggravating circumstances 0 At least 18 years old 0 Not quotmentally retardedquot Defendant was quotfirst degree principalquot in the murder translation did the killing 2 exceptions 16 Marvland Death Penalty Statue People who can t afford a lawyer The moral question the death penalty is immoral o In addition the state must provide one of the three following types of proof 0 1 DNA evidence linking the defendant to act of murder OR o 2 Video taped voluntary interrogation and confession OR o 3 Video recording conclusively linking the defendant to the murder 17 What did we learn about the treatment of disfavored groups 0 The impact of panic on the policies system 0 The importance of due process to protect the falsely accused Due process as guarantee of political rights especially for disfavored groups Books Alderman and Kennedy 18 What events lead the City of Morton Grove to contemplate a weapons sale ban and later a ban on rearms 0 John Hickley s attempt to kill President Ronald Reagan Pope John Paul II was shot in St Peter s Square 0 2 weeks later LaGioia applies for a gun store permit in Morton Grove upsetting the public 0 Cashman village trustee proposed a ban on gun sales and added the ban of private gun ownership both proposals passed 19 What other cities imposed similar bans following the Morton Grove ban and which did not according to the chapter Evanston passed Skokie failed 0 Oak Park passed 20 What were the different court decisions regarding the Morton Grove ban 0 The district court held that the Morton Grove s ordinance did not violate the Illinois Constitution or the 2second Amendment 0 The US Court of Appeals for the Seventh Circuit upheld district court s ruling The US Supreme Court declined to hear the case letting the lower court rulings stand 21 Know what the Third Amendment pertains to and how the history of cases brought under third amendment grounds 0 Third Amendment 0 Prevents the government from quartering troops in your home 0 1979 Engblom and Palmers Case becomes rst of cial case regarding the 3rd amendment 22 What were the decisions in the Engblom and Palmers cases 0 The district court held their possessory interest in the premises and did not entitle them to the 3rd Amendment protection particularly since the State the only owner of the house in question here consented to the quartering The Second Circuit clamed the doctrine of quotquali ed immunityquot protected the defendants from lawsuits because they were acting according to their positions as government of cials and the case had to be dismissed 23 Why were the McSurleys arrested and what were the outcomes of these trials and appeals Arrested on sedition charges 0 Pike County grand jury indicted the McSurelys on charges of sedition 3 days later the US District Court stopped the sedition charges from proceeding but directed that the last seized materials to be kept in a case of an appeal 24 Why were the McSurleys held in contempt and by whom and what were the results of the appeal of their convictions The McSurleys were held in contempt by Congress because they refused to comply with the subpoena Alan McSurly was sentenced to one year in prison and Margret McSurer was sentenced to 3 months 0 The US Court of appeals for the DC district held that the contempt convictions had to be reversed because of the unlawful manner in which the materials were seized 25 Know the outcome of the McSurleys civil suit 0 The outcome was 16 million in damages against Thomas Ratliff 200000 against McClellan and 84000 against Alderman and 105000 against Brick o The Justice Department on behalf of the decrease Senate defendants applied 0 Ratliff appealed and the settle with the McSurelys The Court of Appeals dismissed the claims against the Senate defendants but found that Brick violated the McSurelys right to privacy and a portion of the damages against him would stand 26 Know what aspect of the Fifth Amendment had on the Rudy Linares case and what it was meant to highlight along with the details of the case and the outcome of the grand jury The case was meant to highlight the importance of the grand jury system which allows you to be judged by your peers The case involved Rudy Linare removing his infant son from life support without a court order He threatened nurses who tried to reconnect the life support with a gun He was charged with rst degree murder 0 The grand jury decided to return to a quotno true billquot which means he wouldn t be sent to trail for murder 27 Why was Everett Greens second degree Murder charge overturned o The trail judge made a mistake when he gave the jury the option to convict Green of either rst or second degree murder because under the District of Columbia Criminal Cod killing in the course of arson had to be classi ed as rst degree murder 28 What did the Supreme Court decide in Everett Greens appeal for his rstdegree murder conviction 0 Toronto Case shouldn t be an in uence in other double jeopardy cases and reversed Greens rstdegree murder conviction on the grounds that he couldn t be tried for the same crime twice 29 Know whyjackie Bouknight was held in contempt of Court and what the Supreme Court ruled on her appeal 0 Bouknight was held in contempt for refusing to comply with the court order requiring her to produce her child or her where abouts The Supreme Court ruled that the 5th Amendment doesn t protect jackie from the state s demand to produce her child but it may still protect her from prosecution Dieren eld 30 Why did the founders argue for the separation of church and State and the disestablishment of an of cial state religion 0 Because they believed that formal ties between religion and government were unnecessary and degraded religion harmed government persecuted minorities and obstructed individuals search for the truth 31 Which groups were the driving forces behind opposition to school prayer at different points in American History 0 During the early 19th century Roman Catholics were in opposition to Protestant prayer and bible readings in public schools 0 1830s New York City Catholic bishop John Hughes denounced public schools for using a Protestant Bible and offensive text The Public School Society responds by getting rid of some text that Catholics found offensive 1869 Jews Quakers Unitarians and Universalists begin to complain about sectarianism in public schools 32 What was the Importance of the Everson v Board of Education of Ewing Township case in 1947 o For the rst time US Supreme Court declared that the 14 Amendment extended the First Amendment establishment clauses to the states in what is called the quotincorruption doctrinequot The Court declared that the founders intended to build a wall between church and state 0 The Everson decision is the starting point for the ongoing debate regarding religious establishment 33 Who were the important people in the Engel case Plaintiffs defendants judges Defendants The Herrick School Board including William Vitale the school board president 34 Know the Holdings of each of the courts and their reasoning for each of the courts involved in Engel v Vitale Supreme Court said no prayer in school Also study httpquizletcom11639976polisciexam3 a cardsl Notes Eguality All men are created equal that they are endowed by their Creator with certain unalienable rights that among these are life liberty and the pursuit of happiness Dred Scott Vs Sanford court said Scott isn t a citizen he s property Key pointslaves are property 14th Amendment No state shall deny any person PROTECTION OF THE LAWS 0 Don t guarantee equality Written in a race centered way The Civil Rights Case 1883 State Action Doctrine A congressional law that prohibited individuals Unconstitutional because of the language of the 14th Amendment Plessy Vs Ferguson 1896 Separate but Equal Doctrine Plessy was 18 black and wouldn t move to the back of the bus The Supreme Court didn t think it was wrong Brown Vs Education school districts had to integrate blacks into schools with speed What was is considered speed Southern states didn t follow Congress order to do this San Antonio ISD vs Rodriguez 1973 Discrimination on the bases of class 0 Ex Race religion Discrimination De ure Written into law Discrimination De Facto by custom not written into law Constitutional Equal Protection clause of the 14th Amendment How a Court Decides If It39s Discrimination 0 Current Trends court tends to apply strict scrutiny test only to race and gender 1 Tends to apply strict scrutiny only to discrimination based on race 2 More likely to allow legislation that treats quasi suspect class differently 3 Refuses to add groups to quasi suspect In Economic Class D lnsanity How are schools paid for o By property taxes In most states what is the biggest party of a state39s budget 0 Education Inequality de lure slavery as a matter of law Af rmative Action if a law can be race natural or not 0 Ex Do barriers still exist Role models or reduced selfesteem Closer to equality or inequality SetAside Programs giving minority businesses money loans and money for school all for minorities California Vs Bakke 1978 The Supreme Court upheld the idea of af rmative action It wasn t ok because the reverse discrimination was too broad o The Court said 1 Make up for past discrimination 2 Diversity United Steel Workers of America vs Weber regarding af rmative action in which the United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities Hopwood vs State of Texas 1996 Federal court stated race could never be considered in granting admissions or scholarships to state universities and colleges Gratz vs Bollinge 2003 school selects minorities to promote diversity Court rules it does violate equal protection clause 5th and 14th Amendments state and private property can be taken without a due process law Pattern copy write law owning property Discovery of Property when the rst settlers found the land anything you found rst was yours Privatization a private company gets money because it s exculsive 0 Ex Toll roads The Illusion of Absolutions we think we have complete control over our properties but the government does The Contract Clause con ict over PROPERTY rights written to prevent state gov from interfering in nancial and commerce Liberty of Contract Freedom of employers and employees to form contracts without gov restrictions A Bundle of Rights An ownership concept that describes real property by the legal rights associated with owning the property It specifies rights such as the rights to sell lease use occupy mortgage and trade the property among others Usually bought with purchase Commerce Clause congress has the power to regulate trade among states and with foreign countries Gibbons Vs Ogden established that a state could not enact laws that would interfere with trade between states or interstate commerce Wickard vs Fillburn the power of the government to regulate interstate commerce Supreme Court overruled it saying there should be no rule over the amount of grains a person buys for the economy What was the Establishment Clause There may not be a national religion established in the United States Hammer vs Dagenhart Supreme Court invalidated a 1916 federal law that prohibited the interstate shipment of goods produced by child labor Schecter Poultry Co vs US NRA struck down as being unconstitutional invalidated the regulations of the poultry industry according to the no delegation doctrine What does America currently suffer from 0 Vacation starvation What is Corporate Social Responsibility 0 when a business acts morally towards their stakeholders quotsocially responsiblequot Ex quotGo greenquot Buckley vs Valeo Upheld law that limits the amount of money that can be contributed to campaigns Also ruled candidates can give unlimited amounts of money to their own campaign Three Theories of the Nature of a Corporation 0 1 Grant Concession Arti cial Entity o 2 Association Partnership Aggregate o 3 Natural entity real entity Corporate Right Have freedom of speech advertising 0 Dose not have the 5th amendment right against self incrimination When the Supreme Court makes their decision what does it look like o A pendulum It varies it could go either way 0 What is a corporation 0 A unique entity the real entity theory that is the only theory that is compatible with the notion that a corporation is a person Books BATTLE FOR THE BLACK BALLOT ZELDEN 0 Know general information about Smith 0 Life long democrat o Educated o couldn t vote because he was black 0 What was the allwhite primary system and how did it affected the political process in the south 0 For bayed blacks form voting in the primaries The Democrats was the only party that won in the south at this time 0 What state lead the efforts to disenfranchise African American voters and the barriers they implemented which inspired other states to follow 0 Mississippi 0 Know the historical factors which Zelden attributes to the continued attempt to block the African American vote in the south 0 1 The unique mix of race hatred that lay at the core of Southern social relations 0 2 The politics of class and practiced at the end of the 19th century 0 3 The negative context of the nations builtin historic tendency toward vote denial What was the condition of farmers in Texas between the Civil War and 1900 and what political parties sprung up in response to the condition of farmers o 3 Parties because of the conditions for the farmers 1 Granger Movement Blamed the situation on railroads dishonest and fraudulent practices Known for cheating and exploiting the farm community Left political reform to the Democrats 2 Greenback Party Originated in the South and Midwest in response to the same negative forces that produces Grange Explained these problems at a much higher level of abstraction than the Grangers They blamed the national government s policy of hard currency and high tariffs 3 Populistintegrated elements of all the reform movements Not only did populism push for reform efforts they also posed as a real and substantial threat to the Democratic Party s control of Texas The populists out of the other party were the revolution Biracial strong presence of African Americans What were the preferred methods for the NAACP to ght for equality in the south 0 Strategically it chose LITIGATION lawsuit as the technique most likely to bring the quickest results Why did the NAACP target the Texas all white primary system 0 2 important reasons 1 They recognized the importance of voting as means of enhancing African American civil rights I Give blacks an effective vote and they would have a tool to pry future gains out of reluctant southern governments and white polities 2 The NAACP lawyers chose the AWP because they felt that rules excluding registered voters were more vulnerable to attack than technically raceneutral status and constitutional provisions that quotjust happenedquot to disallow black voting a This was in fact an accurate n A court victory would set precedent in ending segregation What was the Case which was a major setback to the progress the NAACP had been making against the allwhite primary system 0 Grovey vs Townsend Which case provided the best possible argument against the allwhite primary 0 The Classic Case How does the court Supreme Court accepts cases there are two ways the author discusses What was the difference and how the Smith v Allwright case was taken 0 Right of Appeal a case that the Supreme Court has to hear other wise they get to chose what they hear o A Petition for a Writ of Certiorari if the justices voted to accept a petition the Court sends a judicial order or writ to the lower court asking for a full record of the case to be reexamined If the court rejects the petition the lower court s ruling and reasoning stays the same Allwright vs Smith falls under this category 0 What was the Supreme Court39s ruling in Zelden v Allwright o It was unconstitutional LOCHNER VS NEW YORK KENS 0 Who the Teddy hear was named after 0 Teddy Roosevelt o What were the basics about the baking industry discussed early in the book 0 1 Compromised central baking industry cracker industry hard bread crackers and hardtack all Mass production Known as the American Biscuit Company 0 2 Selfowned business joseph Lochner were not apart of the cracker industry They were bread bakers offering fresh products The supply of retail bread came form innumerable small businesses 0 What were the previous attempts at labor hour regulations in the state of New York before the New York Bakeshop act 0 The EightHour Law eight hours of labor between he rising and the setting of the sun Private contractors were guilty and got a misdemeanor of 100 for not doing so 0 Minors under 18 or any woman under 21 could not work longer than 69 hours in one week The trolley workers got an improvement with a penalty of500 A business that were in the private sector got a misdemeanor to require brickyard employees to work more than 10 hours a day 0 Who were the important people to the passage of the New York Bakeshop act 0 Thomas Collier Platt o What was the labor leader and head of a bakers Union and his importance to the Lochner case 0 Henry Weisman Organized the antiChinese movement very prejudice against Chinese workers He ended up in jail fro 6 months convicted of possession of explosives Once he got out of jail he directed the Bakersourna and union Weisman took over the case against Lochner He made a document called quotUndertaking on Appeal to the United States Supreme Courtquot 0 Who was the economist whose39 theory was at the heart of the argument against regulation especially the argument in cigar tenement house cases 0 Adam Smith 0 What was Lochner39s main defense in his initial trial 0 Lochner decided to not plead guilty or innocent 0 Know the history of the Supreme Court overruling state statutes leading up to Lochner Mainly did it happen often was it done with a broad focus 0 Done very regularly but when it was done it was done with a very narrow focus 0 What was the Supreme Courts holding in Lochner o The right of a person to sell or buy labor was unconstitional 0 What was the media and public39s reaction to the ruling 0 There wasn t much of a reaction 0 What was the phrase which the Author says made state exercise of the police powers acceptable even during the socalled quotlaissezfairequot court era These were phrases put into state laws made to regulate business 0 1 Morals 2 Heath 3 Safety 4 Peace 5 Good order 0000 Movie Tulia Texas Tried to solve drug issues 0 In 2003 all of the prisoners were released and pardoned by the government Movie Two Weeks Ago The Glass Steagall Act prevented commercial banks Wells Fargo etc from merging forminvesting banks for risking business 0 But in 1999 The GrammLechBilliy over turned this They argued that those were just options but no one can use them when using investment strategies Financial derogation started in the 1980 s So anyone in this period could be the answer Sample Questions The Thirteenth Amendment 0 A abolished slavery o B disallowed voter discrimination based on race 0 C disallowed racial discrimination by states 0 D disallowed voter discrimination based on sex Answer A The Fourteenth Amendment 0 A abolished slavery o B disallowed voter discrimination based on race 0 C disallowed racial discrimination by states 0 D disallowed voter discrimination based on sex Answer B The Fourteenth Amendment s State Action Doctrine means that government private business and individual citizens can not discriminate base on race 0 A True o B False Answer A Brown ruling was that separate but equal is unconstitutional o A One 1 o B Two 2 Answer A Brown ruling was that public schools must integrate with all due speed 0 A One 1 o B Two 2 Answer B Swann v CharlotteMeKlenbury Board of Education 1970 required busing tbe used to end racial discrimination in public schools Some of the arguments against busing were 0 A put a burden on children today to make up for past inequ y o B cost of the system 0 C destroyed neighborhood schools 0 D all of the above Answer D The California Constitution of 1879 which denied Chinese immigrants property rights is an example of o A DeJure law 0 B De Facto law Answer A The two sources of Civil Rights Law discussed in class are statutory law and A The 11th Amendment State Rights Clause B The 14th Amendment Equal Protection Clause C The 19th Amendment Voter s Rights Clause 0 D Miranda Rights Answer B Most discrimination cases are judged on a rational basis while in cases of race and gender cases courts tend to apply a test 0 A Exacting Scrutiny o B The Lemon Test 0 C The Shemp Test 0 D Strict Scrutiny Answer D During the 19th century women could not vote could not sit on juries could not own property after marriage and her husband could legally shoot her lover under the justi able homicide laws if he caught her in an aduteress act 0 ATrue o B False Answer A Which Amendment gave women the right to vote 0 A The 14th Amendment 0 B The 12th Amendment 0 C The 19th Amendment 0 D The 24th Amendment Answer C 000 gave women the right to participate in collegiate sports 0 A The Equal Opportunity Statute o B Title IX 0 C The 22nCI Amendment 0 D Title X Answer B Examples of inequality de jure are all of the following except 0 A slavery o B Jim Crow laws 0 C Apartheid o D 14th Amendment Answer D seeks to obtain equality of condition 0 A 1st Amendment 0 B Communism o C The Supreme Court 0 D Congress Answer B Although many of the barriers of inequality in American society have been breached many still exist The group that has had the hardest time breaking these barriers is o A Men 0 B Minorities o C Baby Boomers o D Retired Steel Workers Answer B seeks to establish equality by attempting to balance social discrimination o A The Bill of Rights 0 B de jure law 0 C de facto law 0 D Af rmative Action Answer D Some believe a major bene t of Af rmative Action is which increases the level of knowledge 0 A education 0 B economy 0 C diversity 0 D racial harmony Answer C The decision in Hopwood v State of Texas stated that diversity a legitimate state interest o A was 0 B was not Answer B Graz amp Hammacher v Boinger amp Grutter reversed the Hopwood decision when the court ruled that diversity a legitimate state interest 0 A was o B was not 0 Answer A o The quotTaking Clausequot which forbids the government from taking private property without quotiust compensation is located in the Amendment 0 A 1St C 11th 0 B 5th D 12th 0 Answer B 0 Joseph Lochner was a baker o A crackers o B private 0 C bread 0 D not a baker 0 Answer C o A quotbossquot baker was o A a master baker who owned his own small business 0 B a supervisor in a large industrial bake shop 0 C the nickname baker s wives called their husbands in the 18005 0 D a street slang for a 1800 New York gang 0 Answer A In 1912 where were eightseven percent of small bakery located 0 A Store front shops 0 B Ground oors of office buildings o C Basements of tenement buildings 0 D Low rent buildings near the docks Answer C In the nineteenth century most workers were paid by 0 A merit o B the day 0 C the week 0 D the hour Answer B As stated in Lochner v New York Economic Regulation on Trial nineteenth century advocates of believed that in a democracy members of the working class must be more that a source of labor 0 A interstate trade 0 B woman s suffrage o C the eighthour work day 0 D none of the above Answer C Thomas Collier Platt was a nineteenth century o A Union Boss 0 B Democrat Boss 0 C Republican Boss 0 D City Manager Answer C 0 According to Dr Kens in Lochner v New York Economic Regulation on Trial what was the chief threat to nineteenth century laissez faire theories 0 A market competition 0 B the Republican Party 0 C economic legislation 0 D none of the above 0 Answer C 0 Who was Joseph Lochner o A a labor union lawyer o B a worker in Aman Schmiter s bakeshop o C the owner of a small New York City cigar business 0 D the owner of a small Utica New York bakes shop 0 Answer D oJoseph Lochner was charged with violating the Bakeshop Act What was the alleged violation 0 A allowing employees to work a sixtyhour work week 0 B working a sixty hour workweek o C not paying union dues o D income tax violations 0 Answer A o In trial how did Joseph Lochner plead o A guilty 0 B innocent o C he refused to plead o D no contest Answer C William Mackie Lochner s attorney asked for a dismissal on the grounds that the grand jury had not properly stated the charges against his client Why did Mackie attack this form of indictment o A to move the trial to an appeal 0 B to get the case dismissed before the trial began o C to ensure his client receive a jury trial 0 D none of the above Answer A In Lochner v New York 1905 Justice Peckum declared that the New York Bakeshop Act quotnecessarily interferes with the right to contract between the employer and employeequot In this case the right for contract was derived from the Amendment 0 A Fifth o B Nineteenth o C Fourteenth o D First Answer A The theory behind Laissezfaire constitutionalism emphasizes a desire for government to control the economy 0 A True 0 B Fase Answer B
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