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Baylor University - PSC 2302 - Class Notes - Week 11

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Baylor University - PSC 2302 - Class Notes - Week 11

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School: Baylor University
Department: Political Science
Course: American Constitutional Government
Professor: Mr. Ben Slomski
Term: Spring 2019
Tags: political, Science, and Baylor
Name: Political Science Week 11 Notes
Description: These were the cases covered during Week 11
Uploaded: 04/18/2019
2 Pages 33 Views 26 Unlocks
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Unformatted text preview: Study Soup Soudy sup polysil 318 topic of the day onginglism Ns living constitutionalism Originalism defined as should interpret the constitution as it was meant to be read, or original public meaning reasons for stability requires a set of standards Othtywist judges will just intcrprct the constitution as they wish ccaron against: how can onc truly know what the Founders were truly thinking right side of the political spectrum ng constitutionalism dcfined as meaning of the constitution will change over time reasons for meet changing social standards over time reasons ainst creates instability judger willing intcrprct the constitution as they wish left side of the political spectrum to originalist counter this with saying that keep the original meaning + add ameridments to keep up with the changing times natural law defined ar doing what is morally rignt, based on the dec. of independence no one really uses this except Clarence Thomas falls in the middle of Living constitutionalism + originalism when are there cases best seen? capital punishment originalism in constitutional, look to the text living constitutionalism ctuelt unulal.. look to rogal standards of decency debate began during the tox + POsStudy Soup 3/8 case mapp vs Onio caught having obsene materials - 9th amendment - need a warrant to search a nouse cant unreasonably search a nouse without it exclusionary rule- no where in constit evidence was obtained illegally, police didn't have a wariant wnch do you not need a warrant plain viewe ) hot pursuit 2) public safety 3) good faith 4 Thentable discovery 5) independent sourceStudy Soup polysci notes 4110 casc giacan vs wanciga was too poor to have a lawyer, convicted of cobbing a pool hall wanted to represent himself 6th amendment - legal / state system must provide a lawyer Judge black- ruled that gideans conviction was unconstitutional because he was denied a defense Lawyer at trial se: miranda vs arizona confesses to rape without knowing his cights miranda rights come from this case, when being arrested it's what the policeman says castodial interrogation questioning to the utmost degree, net physically but psychologically coercive se.examples: fake lineups z) good cop bad cop judgc Warren while under questioning people need to be safeguarded, and protected (so they don't feel obligated for a false confession to given) miranda rights: right to remain silent 2) anything you say can be held against you 3) right to a lawyer judge clark dissent case by case basis ook facts Audge marshall Il dissent says this method is! unrealistic, simply an ideal, as one is going to feel the pressure when being questioned

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