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UNLV / History / HIS 100 / Who are protected by the bill of rights?

Who are protected by the bill of rights?

Who are protected by the bill of rights?

Description

School: University of Nevada - Las Vegas
Department: History
Course: Historical Issues and Contemporary Man
Professor: Pual werth
Term: Spring 2019
Tags: history, empire, constitution, nevada, Tusan, and Michelle
Cost: 25
Name: HIST100 Week 6
Description: These notes cover the Federal and Nevada Constitution as well as the great influences and results of them
Uploaded: 02/27/2019
10 Pages 10 Views 4 Unlocks
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US Constitution, Part II


Who are protected by the bill of rights?



o How have we changed to constitution and when did we change it? Securing Liberty

∙ Subtle division between 3 gov't branches

o Battle for power

o Who is in charge of the divisions?

o Flexible

∙ State vs. Federal gov't

o Federal is supreme, states start inserting themselves

o Who is really supreme?

∙ Purpose:

o Balance desire for liberty with need for security

∙ Less security means more freedom, visa versa

Federal Gov't

∙ Anti-Federalist

o Fearful of strong gov't

∙ Federalists

o "Federalist Papers" defend federalism


When did the civil war amendments happen?



∙ In order to make a more perfect union

o Want a Republic:

∙ "A republic, by which I mean a government in which the scheme  of representation takes place… promises the cure for which we are  seeking." Federalist X (p. 137)

 John Jay, Madison, and Hamilton all fought for

∙ Special interest ("faction")

 Have to let them do it

 Democracy works when you have the right to advocate  for your own cause

Bill of Rights: 1st 10 Amendments

∙ History

o Formally independent of Constitution

o States want it to protect their power

∙ Reason it gets passed

∙ Gets passed together


Which amendment pertains to prohibition of alcohol?



∙ English bill of rights

o Ratified in 1791 If you want to learn more check out What is the marketing startegy of glocalization?

∙ Constitution ratified 1787

∙ Initially 12

∙ Purpose

o Create balance between federal and state power

∙ Now thought of "my right"

∙ Changed over time

Whose rights does Bill of Rights (BOR) protect?

∙ BOR empowered states against Fed. Gov't

o One of the conditions the constitution was passed

∙ Collective rights protected

o Represented in the states

∙ Individual rights only considered after Civil War

o Happens in the middle of 19th century after civil war amendments are  passed Don't forget about the age old question of How does randomization keep an opponent from exploiting you?
If you want to learn more check out What causes economic growth?

o Issue around slavery

∙ Civil War Amendments (1865- 1870):

o Limit state power for first time

o States must respect the rights of individuals

∙ States shall not infringe on the individual rights

∙ Only in civil war amendments it comes up

∙ Read differently because of involvement of civil war

Amendment 1

o States rights, fear federal will overreach

∙ Established freedom of:

o Religion

∙ 1789, 6/13 states had government supported churches ∙ 11 states had religious qualifications to hold public office  Had to have specific religion

∙ Can't discriminate based on religion (mentioned negatively  twice)

o Speech If you want to learn more check out How do you find the spring constant k?

∙ Limit what individuals will do to states

o The Press

∙ Complain about things they don't like

∙ Speaking out against government

o Assembly

∙ Right to legislative

o Petition

Amendments 2 and 3 (Military)

∙ 2nd Don't forget about the age old question of What can a psychology major do when they graduate?

o States' right to organize & train "well regulated militias"

∙ Not just anyone

∙ No one reads the "state" part

∙ States have right to protect themselves against fed

o Establish "right of the people to keep and bear arms"

∙ Militias contain citizens that bear arms

∙ 3rd

o No quartering of soldiers during peacetime

∙ If we go to war, gov't can't tell us to house members of army Amendments 4-8: Policing and trials

o Guarantee state and fed can't lock you up for no reason

∙ 4th: no unreasonable searches & seizures Don't forget about the age old question of What refers to the belief that one's culture is normal and superior to others?

∙ Can't be stopped if their isn't just cause

∙ Need warrant to search

∙ Warrant must be based on "probable cause"

o 5th Amendment

∙ Did not apply to native Americans

∙ Requires Grant Jury indictment to try "capital or otherwise infamous  crime"

 Only something really bad like murder

 No double jeopardy

 Can't be acquitted and do it again

 No self-incrimination

 Don't have to speak against yourself

 No deprivation of life, liberty or property without due process  Can't take someone's stuff without due process

 Private property can't be taken for public use without just  compensation

 Government must pay for property if its going to use it for something else

 Just means fair

o 6th Amendment

∙ Right to:

 Speeding trial

 Trial by jury

 Can't have trials in secret

 Confront witnesses brought against you

 Can look witnesses in the eye

 An attorney

o 7th Amendment

∙ Right to trial by jury

 Protect legitimacy of process

∙ Jury decisions in civil cases can't be overturned by another court  Can't court hop

o 8th Amendment

∙ No excessive bail or fines

 Can't fine so much that you can't get out

∙ No cruel and unusual punishment (torture)

 Ex: death penalty

9th Amendment: Popular sovereignty

∙ 9th: Rights for "the people"

∙ Constitution rights not necessarily limited

o Rights can go beyond what we said

∙ Includes: right to alt3er or abolish gov't; right of privacy

o Can dissolve gov't

o People can decide they don't want it

o The people can only do this

10th Amendment

∙ States retain power:

o Not reserved for Fed Gov't

∙ If they haven't done it, let states do it

∙ Slave issue

o Not prohibited to states by Constitution

Later Amendments

∙ Two periods of major change:

o Civil War (1861-65) and right after

o Progressive period (early 20th century)

Amendments 11 and 12

∙ 11th: limits US judicial power (1795)

o Clarifies Art. 3, sec. 2 of constitution

o Cleans up constitution

∙ 12th, how to elect President (1804)

o Allowed pres and vice pres to have the same party

o Allowed us to vote for them separately

Amendments 13-15 (Civil War era)

o About state power

∙ Civil War (1861-1865)

∙ Big issues:

o Slavery

o Relationship of states to fed gov't

o Right of states to secede from union

Amendment 13 (1865)

∙ Outlaws slavery & involuntary servitude

o No indentured servants

∙ 1st time an amendment restricted state law

o NO STATE shall do this

∙ Lincoln led proposal (ratified after assassination)

∙ Southern states had to ratify 13th to reenter the union

o Failed to get rid of slavery

o Needed more amendments

Amendment 14 (1868)

∙ Section 1: redefines citizenship

o "All people: born or naturalized in US = Citizens

∙ Take test to get naturalized

o States cannot make laws that abridge freedoms

o States can't deprive person of "life, liberty and property" without due  process

∙ Individual

∙ Section 2: eliminates 3/5 compromise

o Slaves no longer 3/5 of a person

o New formula for representation

∙ Can't count people not allowed to vote

∙ Indians and women not counted

 1st time there is sex exclusion for voting

o Voting rights limited to males citizens over 21

o States can determine in freed slaves vote

o 14th amendment & state power

o "No state shall make or enforce any law swhich sall abridge the  privileges or immunities of citizens of the united states;; nore shall any  state deprive any persons of life, liberty or property, without due process  of law; nor deny to any persons within its jurisdiction the equal protection  of the laws." section 1

∙ Limiting individual right

Amendment 15 (1870)

∙ Amends 14th

∙ Right to vote can't be denied "by any state on account of race, color, or  previous condition of servitude"

o South were stopping freed slaves to vote

∙ Not enforced by fed gov't until 1960's

o Passed but not enforced

Progressive Amendment: 16th-19th

∙ Background:

o Rapid growth n Us economy early 1990s

o More immigrants coming to US

∙ Labor needs

∙ Desire for immigrants to settle land in the west

o "Populist" movement emerges to combat:

∙ Fix things that didn't work

∙ Gov't corruption

 Giving friends too many thing

∙ Business monopolies

 Don't want monopolies to control

o Part of political reform movement

Amendment 16 (1913)

∙ Income Tax made legal

o "Progressive" tax

∙ Pay what you can afford

∙ Flat tax is against idea

o Wealthy pay more; poor pay less

∙ Wealthy had more of an advantage

Amendments 17 & 19: Expand democracy

∙ 17th (1913): election of senators

o No longer appointed by states

∙ 19th (1920): women's suffrage

o Amends sex exclusion of 14th amendments

∙ Took men out of constitution

Amendments 23,24,26: Extend Democracy Further

∙ 23rd (1961): DC residents can vote for Pres.

∙ 24th (1964): No more poll tax

o Can't charge someone fee for voting

o Helps enforce 15th amendment

∙ 26th (1971): Lowers voting age form 21 to 18

o Vietnam war

o If you're young enough to die, you're young enough to vote Amendments 18 & 21: Booze

∙ 18th (1919): Prohibition of alcohol

o Progressive Amendment

o Only about transport and production

o When mixing was formed

∙ 21st (1933): Repeal of Prohibition

o Only time amendment had been fully repealed

Amendments 20, 22, 25: President

∙ 20th (1933):

o President term begins on Jan. 20th

o Congress must meet at last once a year

∙ 22nd (1951): limits pres. To 2 terms

o FDR seemed to have to be in power forever because he was likeable ∙ 25th (1967): how the VP replaces Pres.

o Trump and Pence

Amendment 27 (1992)

∙ Congress can't vote themselves immediate pay raise

o Madison proposed this to be included

∙ Raise takes effect after next election

Western Expansion and the Nevada Constitution

19th century America (1800s)

∙ Who is included in the circle of we (the people)?

∙ Not included as voting citizens

∙ African Americans

∙ Native Americans

∙ Women

o Big Issues for Fed and State Constitutions:

∙ Civil War and slavery

∙ Expanding democracy

∙ Gradualism

∙ Suffrage and voting happened differently on state then federal Expanding West

∙ Monroe Doctrine, 1823

o Expands US influence in western hemisphere

∙ Makes case that US is the predominant power in the west hem. o Americas "are henceforth not to be considered as subjects for future  colonization by any European powers." (152)

∙ Telling Europeans they can't get involved anymore

∙ Asserting US influence over western part of US

∙ "Manifest destiny," 1845

o It is America's "manifest destiny to overspread the continent allotted  by Providence for the development of the great experiment of liberty" ∙ Connection with idea of the belief that they the US can conquer  North America

∙ Conquering to spread liberty

∙ Something god intends us to do

When?

∙ 1800s = period of expansion

o Starts in 1840s when demand for land grows

∙ 1860s: "Great migration"

o 4 million people move west of Mississippi

o Territories can be claimed by US to be new states

∙ Nevada statehood part of this story

Wester Settlement

∙ Northwest Ordinance (1787) (147-151)

o Gave Congress control of Western lands

∙ Anything west is congress

∙ Congress has AUTHORITY

∙ Purpose:

o Build nation of land owners

∙ Property + male, had right to vote

o Create equally proportioned states

∙ All have water source

∙ About the same size

∙ Result:

o US dominates N. America

From territory to state

∙ Gov't appointed by Congress

o Appointed heads

∙ When 5000 males, elect assembly

o Before 5000, run by congress

o After 5000, elected by people

o Governor kept absolute veto

∙ Slavery outlawed for new territories

o Except land S. of Ohio River

∙ When 60,000 pop., enter union as state

o Have own constitution

o Follow a process

Nevada Statehood

∙ Territory: 1861

o Mining interests derail constitution over taxes

∙ Rejected taxing mines at same rate as other property

∙ Statehood: October 31, 1864 (FAST!)

∙ During Civil War (1861-1865): "Battle Born"

o Helps Lincoln win election

∙ Decides not going to win without another state for republican o Voted Republican

o Ratify 13th Amendment

∙ Wants support for anti-slavery agenda

Ideals of Nevada Constitution

∙ http://www.leg.state.nv.us/const.nvconst.html 

∙ Nation superior to states

o Article 1, section 2: "no power exists in the people of this State of any  other State of the Federal Union to dissolve their connection therewith or  perform any act tending to impair, subvert, or resist the Supreme  Authority of the United States."

∙ More democratic than Fed. Constitution (154)

o Gives Citizens more rights

Structure

∙ Like US Constitution:

o Separation of Powers

o Judicial Review

∙ Evolves practice

o Bill of rights

∙ England

o 3 Branches

∙ Bicameral legislature

 Senator and senate

∙ Proportional so can't overrule

∙ Represents about 1000 people

∙ Rep. Based on Population

 Assembly

∙ "Little Federal Plan": defeated 1964

o Article IV

o Gave us proportional rep in senate and assembly

Amending Nevada Constitution

∙ Must be rewritten

o No amendments

∙ Rewritten over 100 times

∙ Special interests: Mining

o Article 10, Section 5: "rate not to exceed 5%... No other tax may be  imposed"

∙ Mining can never be taxed above 5%

∙ No other taxes can be enforced

Nevada Gov't

∙ Terms:

o 4 years for Senate - staggered

o 2 years for Assembly

∙ Legislature meets biannually, 120 days

o Governor can call special session

∙ Can't go over unless this happens

∙ Bills originate in either house

∙ Senate, real power with Majority Leader

∙ Plural Executive

o Lieutenant Governor

o Attorney General

o Secretary of State

o Treasurer

o Controller

The Governor

∙ 4 year term; 2 term limit

∙ Has veto power (no line item veto

∙ Must accept entirely or reject it

∙ Bills must be a single subject

∙ Unlike in US congress

∙ 2/3 majority in both houses override veto

Judicial Branch

∙ 3 levels of elected courts

o Courts of limited jurisdiction

∙ Have boundaries

∙ City ordinates and traffic violations

o District courts - 6 year term

∙ All courts have single judge

o Nevada Supreme Court - 7 members

∙ Elected

Nevada Democracy

∙ Embodies Progressive ideas

o Petitioned for direct election of Senators ∙ Progressive Question

o Questioned campaign finance

∙ Progressive Question

o "Morality legislation"

∙ Most gambling illegal from 1910-31

 Don't regulate well until 1955

 Mobs move in

3 Voter Rights:

∙ Gives more rights to the people

∙ Referendum (1904)

o Decision on existing law

∙ If you don't like a law you can petition ∙ Initiative (1912)

o Way of creating law or amendments

∙ 10% of voters from last election

∙ Goes to legislature to revise

∙ Recall (1912)

o Removal of official from office

∙ Can't recall federal officials

∙ Can recall local officials

Nevada vs. US Constitution

∙ Influence of Progressives

∙ Powerful mining interests

o Lot of land, lot of federal influence

∙ Citizenship

o Distinguished latitude of who counts

o Indians & African American excluded at first o Immigrants included but then limited in 1924 ∙ Federal level, affects internal migration o Women get vote in 1911

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