POLS 1010 Exam 2 Study Guide
POLS 1010 Exam 2 Study Guide 9753
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This 12 page Study Guide was uploaded by Sarah Allis on Sunday March 8, 2015. The Study Guide belongs to 9753 at Ohio University taught by Dr. Cady in Spring2015. Since its upload, it has received 93 views. For similar materials see Politics in the United States in Political Science at Ohio University.
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POLS 1010 Exam 2 Study Guide Civil Liberties areas of personal freedom with which governments are constrained from interfering Nationalization of the Bill of Rights First 10 amendments to the Constitution ensures certain rights and liberties to the people limits only national government Selective incorporation different provisions of BOR were considered one by one and selectively applied as limits on the states through the 14th amendment 14th Amendment No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US nor shall any state deprive any person of life liberty or property without due process of law nor deny any person within its jurisdiction the equal protection of the laws McDonald v Chicago 2010 The right of an individual to quotkeep and bear armsquot is incorporated by the due process clause of the 14th Amendment and applies to the states Establishment Clause Congress shall make no law respecting an establishment of religion quotWall of separationquot between church and state Free Exercise Clause Clause that protects a citizen s right to believe and practice whatever religion he or she chooses Lemon Test 3 criteria to guide future cases government aid to religious schools is constitution if 1 It has a secular purpose 2 Its effect is to neither advance nor inhibit religion 3 It does not entangle government and religious institutions in each others affairs Under God39 in Pledge of Allegiance Supreme Court added the two words in the midst of the Cold War kept it in the pledge despite those who opposed Religious Freedom Restoration Act 1993 Forbids any federal or state agency from restricting a person s free exercise of religion unless the federal agency or state government demonstrates that its action quotfurthers a compelling government interestquot and quotis the least restrictive means of furthering that compelling governmental interestquot Generally Protected SpeechExpression Political speech it is a crime to say or publish anything that might tend to deframe or bring into dispute the US government 0 Clear and present danger test determines whether speech is protected or unprotected Symbolic Speech speechrelated activities armbands ag burning Texas v Johnson 1989 protester burned American ag but was deemed constitutional being protected by the 1st amendment Speech Plus Conduct following speech with physical activity such as picketing distributing letters or other forms of peaceful demonstration or assembly 0 Snyder v Phelps 2011 protesting a gay soldier s funeral is free speech protected by 1st amendment Commercial Speech tobacco advertising Freedom of Association Unprotected Conditionally Protected SpeechExpression Libel false written statement that is damaging to a victim Slander false oral statement that is damaging to a victim NY Times v Sullivan 1964 newspaper had to deliberately print false and malicious material deemed as libel Obscenity speech or writing that excites lust Deemed prurient by the average person according to quotcommunity standards Depicts sexual conduct in an offensive way Lacks serious literary artistic political or scienti c value 0 Roth v United States 1957 Roth mailed obscene materials obscenity is not protected by 1st amendment 0 Miller v California 1973 Miller s mailing campaign of obscene materials reaffirmed Roth decision Fighting Words speech that directly incites damaging conduct Subversive Speech destructive or corruptive speech Doctrines Involving Free Expression Permitted Restrictions Preferred Position certain fundamental human rights have prerogative Clear and present danger Bad Tendency government has capacity to restrict certain speech if it has a tendency to cause or incite illegal activities No Prior Restraint blocking harmful material censorship Clarity and Least Means Possible government must exhaust all other investigatory means before seeking sensitive testimony 2quot I Amendment A wellregulated militia being necessary to the security of a free state the right of the people to keep and bear arms shall not be infringed District of Columbia v Heller 2008 Court struck down a DC law that was designed to make it nearly impossible for private individuals to legally purchase rearms Procedural Due Process accused person must rst be given notice and the opportunity to be heard Substantive Due Process governmental intrusions into rights and liberties must be fair and reasonable and in furtherance of a legitimate governmental interest Protections Against Unreasonable Search and Seizure The right of the people to be secure in their persons houses papers and effects against unreasonable search and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized 4th Amendment guarantees security of citizens against unreasonable searches and seizures Exclusionary Rule the ability of courts to exclude evidence obtained in violation of the 4th amendment Mapp v Ohio 1961 Mapp convicted of having obscene materials that were illegally obtained without a search warrant Barron v Baltimore 1833 government took Barron s property without just compensation Bill of Rights restricts only the powers of the federal government and not those of the state governments 5th amendment Gitlow v New York 1925 Gitlow published and distributed Communist Manifesto charged with plotting to overthrow US government freedom of speech also applied to state governments Citizens United v Federal Election Commission 2010 Citizens United created a documentary aimed at Clinton in 2008 and ran ads to get people to watch Congress cannot ban political speech based on a speaker s corporate identity Everson v Board of Education 1947 Everson challenges BOE on their ability to reimburse funds to parochial school parents for transportation Neutral laws geared toward religion will be upheld PupilBene t Theory allows state funds to be provided to private school pupils if the allotment bene ts the child Engel v Vitale 1962 schoolsponsored nondenominational prayer in public schools violates 1st amendment s Establishment Clause Epperson v Arkansas 1968 Laws that forbid the teaching of evolution violates the Establishment Clause Employment Division v Smith 1990 States can deny unemployment bene ts to a worker red for using illegal drugs for religious purposes 5th Amendment the right to a grand jury to determine whether a trial is warranted protection of double jeopardy being tried twice for the same crime no citizen shall be compelled in any criminal case to be a witness against himself protection from government taking property without just compensation eminent domain Miranda v Arizona 1966 Miranda confessed to kidnapping and rape produced the Miranda rights 6th Amendment the accused have a right to a speedy and public trial right to counsel right to confront witnesses before an impartial jury Gideon v Wainwright 1963 Gideon appealed his case because he did not have an attorney 8th Amendment Excessive bail shall not be required nor excessive nes imposed nor cruel and unusual punishment in icted 9th Amendment Reservation of rights of people the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people Griswold v Connecticut 1965 Connecticut statute forbidding the use of contraceptives violated the right of martial privacy Roe v Wade 1973 established a woman s right to seek an abortion and prohibited states from making abortion criminal act Webster v Reproductive Health Services 1989 Court narrowly upheld the constitutionality of restrictions on the use of public medical facilities for abortion 54 Planned Parenthood v Casey 1992 Court upheld Roe 54 but refused to invalidate a Pennsylvania law that signi cantly limits freedom of choice Gonzales v Carhart 2007 upheld federal partialbirth abortion ban placed a substantial obstacle in the path of a woman seeking an abortion Bowers v Hardwick 1986 Hardwick arrested for sexual activity with another man Won case but Supreme Court reversed the decision Lawrence v Texas 2003 Overturned Hardwick saying that gays are entitled to respect for their private lives states cannot make homosexuality a crime Escebedo v Illinois 1964 Escobedo was denied speaking with his lawyer before being charged violation of 6th amendment Furman v Georgia 1972 Furman accidentally killed a house resident and was sentenced to death death penalty constitutes cruel and unusual punishment in violation of the 8th and 14th amendments McCleskey v Kemp 1987 McCleskey a black man was sentenced to death for killing a white police officer He appealed because of discrimination but it did not violate the 8th amendment Fault Lines Authors Douthat argues for the ideal of marriage to be between one man and one woman western understanding while still rejecting some standard arguments against gay marriage Raimondo Libertarian case against gay marriage setback for liberty and a disaster for gay people themselves Rauch 2 reasons why people are opposed to gay marriage anti homosexual position and tradition Bene ts for gays outweigh costs for heterosexuals Civil Rights obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens Equal Protection Clause of the 14th Amendment guarantees citizens the equal protection of the laws Has been the basis for civil rights of African Americans women and other groups Trigger Laws laws that are unenforceable and irrelevant in the present but may become relevant if a change in circumstances occurs Jim Crow Laws laws enacted by southern states following Reconstruction that discriminated against African Americans Plessy v Ferguson 1896 established quotseparate but equalquot rule saying that public accommodations could be segregated by race but still be considered equal 14th amendment was not violated by racial distinction Brown v Board of Education 1954 Struck down quotseparate but equalquot doctrine as fundamentally unequal Eliminated state power to use race as a criterion of discrimination in law and provided national government with the power to intervene by exercising strict regulatory policies against discriminatory actions Strict Scrutiny Test used by Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show the law in question is unconstitutional De jure Segregation literally quotby lawquot refers to legally enforced practices such as school segregation in the 605 De Facto Segregation literally quotby factquot refers to practices that occur even when there is no legal enforcement such as school segregation in much of the US today Civil Rights Act of 1964 attacked discrimination in public accommodations segregation in the schools and the discriminatory conduct of employers in hiring promoting and laying off their employees also included discrimination against women Gave the president the power to withhold federal education grants and the power of the Attorney General to initiate suits whenever there was a practice of discrimination Civil Rights Movement Organizations accumulated experience and built networks capable of launching largescale directaction campaigns against southern segregationists in the 605 Busing busing children from poor urban school districts to wealthier suburban ones stateimposed desegregation could be brought about only in cities found guilty of deliberate and de jure racial segregation Voting Rights Act of 1965 protected voting rights by barring literacy and other tests as a condition for voting in 6 southern states by setting criminal penalties for interference with efforts to vote and replaced local registrars with federally appointed registrars in counties resistant to registering blacks to vote Fair Housing Act of 1968 prohibited discrimination in the sale or rental of most housing covered nearly all nation s housing Have Women Achieved Equal Rights increase in education 56 of college students 25 in state legislators 17 in Congress women earn 7481 of income as a percentage of men s Intermediate Scrutiny Test used in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional United Farmers Workers Union and Cesar Chavez Symbolized the quest for Mexican American civil rights more broadly by hunger strikes and inspirational speeches kept the movement in the public eye Immigrants and Civil Rights growing immigration and mounting economic insecurity have undermined the sense of equality Unauthorized immigrants are eligible for education and emergency medical care but can be denied other social bene ts lnternment Camps During WWII internment was constitutional on the grounds of military necessity Government acknowledged it as a grave injustice due to wartime hysteria in 1988 and issued 20000 checks to survivors Americans With Disabilities Act 1990 guarantees equal employment rights and access to public businesses for the disabled and prohibits discrimination in employment housing and health care Civil Rights and Same Sex Marriage Republican congressional majority de ned marriage as the union of a man and a woman for purposes of federal law and bene ts In 2004 states began allowing same sex marriage Af rmative Action government policies or programs that seek to redress past injustices against speci ed groups by making special efforts to provide members of those groups with access to educational and employment opportunities Regents of the University of California v Bakke 1978 white male denied acceptance he thought due to race won case court had stopped short of declaring af rmative action unconstitutional Adarand Constructors v Pena 1995 weakened af rmative action racebased policies must survive strict scrutiny placing the burden on government Fault Lines Authors ls Income Equality a Problem Noah inequality is at crisis proportions Effects of inequality include lower economic growth bad health outcomes for those at the bottom driving middle class into the ranks of the poor Epstein income equality is good because policies needed to remedy it make everybody worse off The only way to reduce inequality is tax policies transferring wealthy people s wealth to those who are not forced exchange via government coercion is less ef cient than voluntary exchange Public Opinion citizens attitudes about political issues leaders institutions and events Political Ideology a cohesive set of beliefs that forms a general philosophy about the role of government Values or beliefs basic principles that shape a person s opinions about political issues and events Agents of Political Socialization social institutions including families and schools that help to shape individuals basic political beliefs and values 0 Family and social networks 0 Membership in social groups 0 Education 0 Political environment Gender Gap a distinctive pattern of voting behavior re ecting the differences in views between women and men Liberalism those who generally support social and political reform extensive governmental intervention in the economy the expansion of federal social services more vigorous efforts on behalf of the poor minorities and women and greater concern for consumers and the environment Conservatism those who generally support the social and economic status quo and are suspicious of efforts to introduce new political formulae and economic arrangements believes that a large and powerful government poses a threat to citizens freedom Marketplace of Ideas the public forum in which beliefs and ideas are exchanged and compete The Media Government and Public Opinion 0 Government tries to in uence or manipulate citizens beliefs to boost support for their policy agendas speeches appearances Private groups economic political groups searching for issues that will advance their causes abortion gay marriage 0 News media ways in which media coverage interprets or frames speci c events can have a major impact on popular responses and opinions about these events newspapers Watergate Bush led to distrust in government Public Opinion Polls scienti c instruments for measuring public opinion Sample a small group selected by researchers to represent the most important characteristics of an entire population Probability Sampling Random Sample a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent Random Digit Dialing a polling method in which respondents are selected at random from a list of tendigit telephone numbers with every effort made to avoid bias in the construction of the sample Sampling ErrorMargin of Error polling error that arises based on the small size of the sample Social Desirability Effect the effect that results when respondents in a survey report what they expect the interviewer wishes to hear rather than what they believe Selection Bias polling error that arises when the sample is not representative of the population being studied which creates errors in over representing or underrepresenting some opinions Push Polling a polling technique in which the questions are designed to shape the respondent s opinion Bandwagon Effect a shift in electoral support to the candidate whom a public opinion polls report as the front runner Median Voter Theorem a proposition predicting that when policy options can be arrayed along a single dimension majority rule will pick the policy most preferred by the voter whose ideal policy is to the left of half of the voters and to the right of exactly half the voters Fault Lines Authors The Mass Media The Future of Political Journalism Starr decline of newspapers is a crisis for democracy they were able to hold government accountable and expose corruption Fallows new and old media are mutually interdependent No single big thing will save newspapers but lots of little things might Google Types of Media Traditional and New Broadcast media TV radio or other media that transmit audio andor video content to the public 0 Print media written text more detailed and complete 0 Internet Who Gets Political Information Online Wealthy income greater than 100000 Whites and Asians Ages 1824 Bene ts of Online News 0 Convenience easy access availability 0 Currency speed with which events are covered 0 Depth more detailed treatment of topics 0 Diversity hundreds of thousands of sources Concerns About Online News 0 Loss of investigative power reduces indepth reporting 0 More variation in the quality of news 0 Potential effects on knowledge and tolerance How Media In uences Politics 0 Agenda setting and selection bias brings public attention to particular issues and problems focuses on news coverage on only one aspect of an event or issue avoiding coverage of other aspects 0 Framing in uences how events and issues are interpreted language and context 0 Priming preparing the public to take a particular view of an event or political actor candidate research Adversarial Journalism a form of reporting in which the media adopts a skeptical or even hostile posture toward the government and public officials Equal Time Rule the requirement that broadcasters provide candidates for the same political office equal opportunities to communicate their messages to the public Fairness Doctrine a Federal Communications Commission requirement for broadcasters who air programs on controversial issues to provide time for opposing views ceased in 1985 Organization and Ownership of the Media 0 Most newspapers owned by large media conglomerates 0 TV stations affiliated with 1 of 4 networks 0 Media monopoly by a few large corporations Fault Lines Authors Is There a Culture War in America Wilson and Fiorina the potential elite elected leaders the news media and interest groups are polarized Wilson the cultural split is deep and is re ected in party competition and the public opinion of partisans within and across the states Fiorina idea of a culture war is vastly exaggerated
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