EXAM 1 STUDY GUIDE
EXAM 1 STUDY GUIDE POLS 1101
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Date Created: 09/13/15
Kyla Brinkley POLS 1101 Fall 2015 Bakker EXAM 1 STUDY GUIDE I Chapter 1 The Logic of American Politics a Politics the process through which individuals and groups reach agreement on a course of common or collective action even as they disagree on the intended goals of that ac on i Solution requires parties to cooperate b Bargaining used when issues are simple and participants knowtrust each other i Usually ends in compromise a settlement in which each side concedes some preferences to secure others c Preferences givens that must be reconciled if they are to agree to some common course of action i May reflect economic situation religious values ethnic identity etc ii Reflect valued interest not just selfinterest don t always expect to directly benefit d The Importance of Institutional Design i More complex issues can t be resolved by unstructured nego a on ii When sides conclude that politics won t work turn to war iii You can count on political institutions to manage potential conflicts e Constitutions and Governments i Rules amp procedures go by different names but purpose is the same to guide an organization s members in making essentially political decisions 1 decisions in which participants initially disagree about what they want the organization to do ii Constitution of a nation establishes its governing institutions and the set of rules and procedures these institutions must amp must not follow to reach and enforce collective agreements 1 Can be a highly formal written doc or an informal unwritten understanding iii Government consists of these institutions and the legally prescribed process for making and enforcing collective agreements 1 Monarchy 2 Representative democracy 3 Theocracy 4 Dictatorship iv Authority vs Power 1 Gov institutions consist of offices that confer on their occupants specific authority and responsibilities 2 Authority the acknowledged right to make a particular decision 3 Power refers to an officeholder s actual influence with other officeholders and as a consequence over the government s actions v Institutional durability 1 Institutions tend to be stable and resist change 2 Authority assigned to the office not person holding the office a So institution persists even when the people in it are replaced 3 People who are affected by them make plants expecting that current arrangements will remain 4 Even those who seek change find it hard to agree on a proposed alternative 5 Sometimes institutions reform to perform more efficiently 6 Other times reforms enable institutions to accomplish new collective goals vi The Political System s Logic 1 Quality of democracy in American reflects quality of governing institutions 2 Fundamental belief that government must protect certain individual liberties even when a majority of the public insists otherwise f Collective Action Problems i Collective action the efforts of a group to reach amp implement agreements 1 Challenges participants to figure out what to dohow to do it ii Barriers to collective action 1 Coordination problems members of the group must decide individually what they want what they are prepared to contribute amp how to coordinate their efforts with others a b C increase with the size of a group when number of participants is really big coordination generally impossible society delegates rule to small group of politicians focal point some prominent cue that helps individuals recognize the preferences of others with whom they want to cooperate i social networks offer levels of focal point coordination coordination problems essentially arise from uncertainty and insufficient information and may prevent collective undertakings even when a great majority agrees on a course of ac on 2 Prisoner s dilemma arises whenever individuals decide that even though they support some collective undertaking they are personally better off pursuing an activity that rewards them individually even if it hurts the collective effort a Only when each party is confident that the other will live up to an agreement can they successfully break out of the dilemma and work to their mutual advantage Every successful political exchange must solve the prisoner s dilemma Unless participants in a collective decision can trust each other to abide by their commitments they will not achieve a mutually profitable exchange To make both cooperate make reneging and defection expensive i Or create institutions that help parties discover opportunities to profit through cooperation and guarantee that commitments are honored Without confidence that agreements will be enforced the political process quickly unravels Hobbes 1651 Leviathan examined straits to which society is reduced when gov is unable to enforce collective obligations amp agreements In American politics constituencies and their representatives cooperate to achieve their separate goals i Because institutions have developed to help diverse constituencies discover opportunities for mutual gain through cooperation and deter them from backing out on their agreements Some issues don t offer mutual gains though i One party s gain other party s loss ii Politics can break down and give way to force war iii Ex abortion policy slavery extension into territories civil war Freerider problem form of prisoner s dilemma that afflicts large groups i Each person s contribution is small so they are tempted to defect from the agreement by withholding a contribution to the group s undertaking while enjoying the benefits of the collective e on ii Ex slacking in group projects iii Arises whenever citizens recognize that their small contribution to the collective enterprise won t affect its success or failure iv If to many people do this some will fail 1 Ex if nobody does group project you all fail v Governments solve these issues with sanctions and sometimes force 1 Ex we pay taxes because of IRS j The tragedy of the commons concentrates on individuals costless consumption of a public good the commons that results in its destruction i A large of participants encourages each to renege on contributions to the public good ii The good already exists and will be destroyed if its exploitation is not controlled iii Ex pollutionclean air if almost everyone buys an electric car it reduces pollution but if one person doesn t he still gets to enjoy the clean air BUT if nobody buys an electric car we all suffer from pollution iv To avoid tragedy of commons proper institutional design 1 Decision to squander or conserve resources must be made to affect each participant s personal welfare v Regulation limiting access to the common resource amp monitoringpenalizing those who violate vi Privatizing conserve the commons by converting it from a collective good to a private good g The Costs of Collective Action Collective action offers a group benefits its members can t achieve on their own Key to successful collective action lies in designing a system that achieves the benefits of a collective effort while minimizing costs Overhead costs cost of enforcing agreements government s effort to combat free riding Transaction costs the time effort and resources required to make collective decisions L Can be barrier to political agreements Increase with of participants a All want something different With welldesigned institutions agreements easier to make a Ex electing a committee streamlining rules amp procedures Sometimes high transaction costs are intentionally put in place to make some collective activities more difficult a Ex high transaction costs to change the Constitution 23 vote Congress and 3A1 of states v Conformity costs to the extent collective decisions obligate participants to do something they prefer not to 1 pop collective decisions you agree to but don t want a ex have to pay taxes on some gov programs we oppose people prefer minimum conformity costs institutions that minimize transaction costs may impose high conformity costs a ex dictator who decides national policy himself minimal transaction costs but makes everyone do what he wants high conformity costs b opposite a gov that does everything by consensus won t do everything unless everyone agrees gov reform occurs within a narrow range of trade offs between transaction amp conformity costs a gov more efficient and decisive when transaction costs reduced b tradeoff used in dividing branches of US gov h Designing Institutions for Collective Action The Framers Tool Kit lf citizens fear that gov might intrude too much in their private lives might want to add high transaction costs and require consensus to make collective decisions ii Command the authority of one actor to dictate the actions of another 1 Authority to impose a solution regardless of the 2 3 iii Veto preferences of others Reduces transaction costs Increases conformity costs the right of an official or institution to say no to a proposal from another official or institution 1 2 3 4 5 iv Agen lmposes view regardless of preference of others Less effective negative action that preserves the status quo Congress can enact a vetoed bill without pres Endorsement with 23 vote in each chamber Supreme court judicial review overturn public laws it sees as unconstitutional Greater of veto holders higher transaction costs da control gain both positive and negative influence over collective decisions the right of an actor to set choices for others 1 2 3 4 5 Legislation Proposed regulations etc positive can introduce a choice to the collectivity who decides to accept or reject it limits choices available to the collective House members accept high conformity costs because in the absence of agenda control the transaction costs would be too much v Voting Rules 1 Majority rule embodies democratic principle of political equality Equality requires that each citizen s vote carries the same weight and offers all citizens the same opportunity a Simple majority 12 plus 1 b Governments controlled by popular majorities are less likely to engage in tyranny impose very high conformity costs than dictatorships Checks and balancesseparation of power term lengths A majority of the Electoral College is required to elect pres but winner doesn t have to have majority of popular vote 2 3 Plurality rule the candidate receiving the most votes regardless of whether the plurality reaches a majority decides winners a Preferred by states Supermajority a majority larger than a simple 51 majority which is required for extraordinary legislative actions like amending the Constitution a Ex in the senate 60 votes are needed to stop a filibuster vi Delegation when individuals or groups authorize someone to make amp implement decisions for them 1 When we vote we are delegating decision making to the presidential candidate 2 The House delegates legislation to committees 3 Principals those who possess decisionmaking authority many delegate their authority to agents who exercise it on behalf of the principals a Ex president hiring staff to do what he needs Delegation is so pervasive because it addresses common collective action problems Majorities may sometimes find it desirable politically to delegate decisions Almost all enforcement authority the key to solving prisoner s dilemmas involves delegation to a policing agent a Ex IRS Delegations solves some problems but causes others a Agency loss discrepancy between what a principal would ideally like its agents to do and what they actually do i Different goals ii Principal wants agents to be diligentask for little iii Agents want to be generously compensated for little effort iv Some agents even exploit their advantage Representative Government i Modern democracies blend delegation with majority rule to form representative government ii Direct democracy citizens participate directly in collective decision making 1 Small communitiesorgs iii Majority rule vs the Republic 1 Republic designed to allow some degree of popular control and also avoid tyranny a Voters elect their representatives but these representatives are constrained in following the majority s dictates 2 Parliamentary government lodges decisive authority in a popularly elected legislature whose actions aren t subject to the same severe checks by executive and judicial vetoes a Legislature elects a team of executives cabinet one of whose members serves as the premier or prime minister b Promotes majority rule because the political party that controls the legislature controls the execu ve c Able to forgo higher transaction costs embedded in US constitution s separation of powers iv Politicians specialize in discovering collective enterprises that unite citizens with different values amp interests 1 Assemble coalitions combinations of unlike minded interests who nonetheless agree for their own distinct reasons to a common course of action public servants Every time a politician compromises defers to a colleague or decides not to resist certain defeat on an issue she knowingly or unknowingly is behaving strategically 4 The American political system demands strategic behavior because of distribution of authority 9 The Work of Government i Private goods things pe0ple buy and consume themselves in a marketplace that supplies these goods according to the demand for them 1 Ex house car clothes food ii Public goods everyone participates in supplying ex through tax dollars and everyone can freely consume 1 Ex freeways 2 Citizens look to government to provide positive public goods a Ex national defense legal system public parks b Prevent or correct negative public goods i Ex pollution laws protecting endangered species c Advantages of gov i Has sufficient resources to do expensive projects ie tax dollars ii Has coercive authority to prevent free riding 1 Ex tax deductions for charity to promote collective goods iii Collective goods mixed goods collectively produced amp freely available for anyone s consumption k Mitigating Popular Passions i Framers had to solve early US collective action problems 1 People were free riding politicians didn t honor commitments 2 Designed new government to minimize conformity costs and increasing transaction costs Separation of powers Staggered legislative terms Unelected judiciary Limited national authority 9301 FOR REVIEW The Framers Tool Kit Desin Princile Definin Feature Command Authority to dictate others actions Authority to block a proposal or stop an action Authority to place proposals before others for their decision Agenda Control Preventing proposals from being considered Rules prescribing who votes and min of votes required to accept a proposal or elect candidate Delegation Authority to assign an agent responsibility to act on your behaH Voting Rules of the US Senate Voting Rules Motion Voting Rule Exam Ie President s authority President s veto Senate confirmation of presidential appointments Judicial review Congress presenting enrolled bill to president Congressional committees recommendations to full chamber Supreme court decisions Electoral college Selection of speaker of House Representation bureaucracy ll Chapter 2 The Constitution a The fundamental responsibility of government is the enforcement of contracts and other collective agreements b The Road to Independence i Distance limited Britain s ability to govern the colonies ii Home rule Britain ceded to Americans responsibility for managing their own domestic affairs including taxation iii A Legacy of SelfGovernance 1 By 1650 all colonies had established elective assemblies 2 Home rule introduced Americans so idea that popularly elected legislature that controlled the money could dominate other govs 3 Elected politicians experience in negotiating collective agreements 4 Constitution writing 5 Britain regulated colonies commerce and provided military security with world s largest navy a Caused free riding and colonies didn t learn about collective action 6 French and Indian war aka 7 years war a Drained Britain s militarytreasury b Albany congress i Produced 1St serious proposal for national American gov ii Ben Franklin Plan of the Union iv Dismantling Home Rule France defeated 1763 but Britain broke Imposed taxes Tightened controlviolated home rule 1765 Stamp Act tax on printed goods Stamp act congress to demand tax be repealed but couldn t agree on course of action Organized resistance of regular citizens was more successful a Boycotted British goods b Protest orgs sons amp daughter of liberty c Boston tea party P PWNT 03 i Led to Restraining Acts and Coercive Acts closed port of Boston to all commerce dissolved Massachusetts assembly allowed British to be quartered in American homes and said that those charged with protest crimes must be sent to England for trial v The Continental Congresses 1 1774 first continental congress Philadelphia a b c d 2 1775 a b c d e Passed resolutions condemning British taxesadministration Adoption of Declaration of American Rights i Reasserted home rule Agreement to ban all trade with Britain until it removed taxes British tried to stop them from meeting Philadelphia second continental congress War had begun Lexington amp concord Instructed conventions to become state govs Most states adopted bicameral 2 chamber legislatures and governorships Issues nation s first bonds and established national currency Authorized George Washington to expand militia into national army vi The Declaration of Independence 1 1776 Thomas Paine Common Sense a First real call for total independence 2 Written by Jefferson 3 Jefferson actually suggested that Britain s introduction of slavery to the colonies was wrong but this section was removed from the document because it offended the slaveowning delegates 4 741776 members of 2nol Continental Congress signed DOI c America s First Constitution The Articles of Confederation i Second continental congress began to institute new gov ii Ratified 1781 1 But served as America s constitution during the war iii Created a confederation a highly decentralized system in which the national gov derives limited authority from the states rather than directly from citizens 1 States select officials of national gov and retain authority to override that gov s decisions iv Delegates sought to replicate home rule v The Confederation at War 1 Congress coordinated military requirements and state s contributions to army and borrowed money through bonds a Lack of taxation authority made bonds riskyexpensive b Public was suspicious of gov Unable to make timely decisions Collective action problems Free riding Corruption Hartford Convention 1780 urged Congress to grant itself power to tax 7 Realized states would only cooperate under threat of coercion 8 Executive offices had no authority 9 1781 British defeated vi The Confederation s Troubled Peace 1 The WarTorn Economy a National debt high b Had to repay foreign governments before normal commercial relations could resume c Prisoner s dilemma No state would contribute its share of the revenue so long as it suspected one or more of the other states might not meet its obligations 2 Trade Barriers at Home and Abroad a Trade problems b National government incapable of responding to discriminatory trade sanctions c Each state had own currency d Constitutional convention 1787 e Shays Rebellion vii Popular Discontent eweww 1 Economic depression after Revolution 2 Farmers lost land and possessions debt 3 Protest movements a Daniel Shays bankrupt farmer b Group marched on Mass Supreme Court session c Protested end of prosecuting debtors 4 Nationalists promoted the cause of constitutional reform d Drafting A New Constitution Philosophical Influences 1 John Locke 16321704 political theorist a Popular sovereignty citizens delegation of authority to their agents in government with the ability to rescind that authority b Influenced Jefferson writing DOI 2 Sir Isaac Newton 16421727 established the foundations of modern mechanics and physics Discovered laws of physical relations like gravity a Inspired Framers to search for comparable laws governing social relations b Force c Balance d Laws of politics e Check power with power 3 Montesquieu 16891755 Supplied Framers with nuts and bolts of a design of government a Classification of governmental function and forms as legislative executive amp judicial b Supported limited government i Limited in authority and size of political community 4 David Hume 17111776 treated politics as a competition among contending interests a Similar to Adam Smith with competition in marketplace of emerging capitalist economy b Influenced James Madison Getting Down to Business 1 Constitutional Convention 1787 2 Delegates elected Washington to preside over deliberations iii The Virginia and New Jersey Plans 1 Virginia Plan Madison s blueprint for new constitution a b c d e Active national gov High conformity costs on the states Bicameral national legislature Lower chamber directly elected by citizens Lower chamber to elect members of upper chamber from list of nominees supplied by state legislature and elect officers of execjudicial branches To solve collection action problems i Gave national gov enforcement authority Council of Revision to veto legislation i Members elected by legislature not very effective check Delegates from less populated states were mad had less representation For states rights delegates state participation in the selection of national officeholders was as important an issue as how legislative seats were to be apportioned 2 New Jersey Plan a b c e iv The Great Proposed by William Paterson Gave each state 1 vote Broke with A of C by giving Congress authority to force states to comply with its tax requisitions Allowed simple majority vote to enact national policy rather than supermajority required in A of C Didn t come close to satisfying nationalists Compromise 1 Split control of legislatures 2 chambers between the larger House of Representatives and the smaller Senate 2 Senate a Similar to Congress under A of C b Each state legislature sends 2 senators to serve 6 year terms 3 House 4 5 6 7 a Population based elective legislature b To pacify nationalists House alone has authority to originate revenue legislation Extended authority of legislature Declare war Maintain army and navy Borrow money Regulate commerce with foreign nations commerce clause Necessary amp proper clause gave congress power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other powers vested by this Constitution in the Government of the United States i left door open for congress to expand legislative power and nationalization of public policy opposition came from nationalists who viewed the compromise as one sided separation of powers checks and balances 51997 D v Designing the Executive Branch 1 2 3 Hamilton wanted strong executive branch but wanted an executive elected for life Hated King George III and didn t want an executive anything like him Decided on George Washington for president Limited scope of presidential responsibilities and command authority Modern presidents sometime assert that the take care clause allows them to undertake whatever actions the nation s wellbeing requires and is not expressly forbidden by the constitution or public law Attached legislative check veto to each presidential duty 7 Veto a negative action that would allow the executive to perform a checking function on the legislature 8 today presidency is more consequential in duties and authority but has done so within a constitutional framework that hasn t changed 9 the constitution does have gaps in regard to roles of congress and the presidency 10 great compromise only workable formula found by delegates between nationalists amp states rights advocates gave both sides what they wanted a Multiple ways to amend constitution 11 Electoral college tries to mix state congressional and popular participation in the election process a Each state awarded as many electors as it has members of the House and Senate b States decide how electors are selected c If any candidate fails to get absolute majority 270 of 538 votes in Electoral College election is thrown into House of Reps which chooses from the 3 candidates who got the most electoral votes d House votes by state delegation each state gets one vote and a majority is required to elect a president vi Designing the Judicial Branch 1 Supremacy clause article VI declares that national laws take precedence over state laws when both properly discharge their governments respective responsibilities 2 Supreme court was major lever for expanding scope of national policymaking 3 First Congress created lower federal court system with Judiciary Act of 1789 4 judicial review the Court s authority to overturn federal laws and executive actions as unconstitutional 5 although the supremacy clause appears to establish the court s authority to review state laws there is no formal language extending this authority to veto federal laws vii Substantive Issues 1 States had to surrender some autonomy to the national government in order to eliminate the threat of free riding and reneging on collective agreements 2 Foreign Policy a Under A of C states competed for foreign commerce b Constitution solved this by placing foreign policy under the administration of the president c Gave congress explicit authority to regulate commerce 3 Interstate Commerce a Article 1 section 10 prohibits states from discriminating against each other b May not enter into agreements without consent of Congress tax imports or exports entering local ports print money not backed by gold or silver or make laws prejudicial to citizens of other states c Amendments Bill of Rights d Framers solved collective action problems e Established essentials of common market among former colonies f Constitution contributed to nations economic development 4 Slavery a How could delegates construct a government based on popular sovereignty and inalienable rights if 16 of Americans were slaves b Constitution apportioned each state seats in the House based on population totals in which each slave would count as 35 a citizen c Wrote in a ban on regulation of the slave trade un l1808 d Also required northern states to return runaway slaves to their masters e Logroll standard bargaining strategy in which 2 sides swap support for dissimilar policies viii Amending the Constitution 1 2 3 4 Framers imposed heavy transaction costs on changing the constitution Constitution allows an amendment to be proposed either by a 23 vote of both houses of congress or by an application from 23 of the states Enactment occurs when 3A of the states accept the amendment Since ratification constitution has been amended 27 times e The Fight for Ratification i The Federalist and Antifederalist Debate 1 2 delegates to the state conventions read over the constitution and decided whether to ratify it small farmers failed to recognize that the ascendency of the national gov would benefit them by shifting public finance away from property taxes and toward import duties Federalists nationalism Supported ratification of constitution Antifederalists states rights Against ratification of the constitution a Patrick Henry led antifederalists b Argued that stronger national gov must be accompanied by explicit safeguards against tyranny 5 Bill of rights see for review ii The Influence of The Federalist Papers 1 Alexander Hamilton John Jay James Madison 17871788 2 Purpose was to influence the delegates to the New York convention where ratification was in trouble 3 convey the genuine meaning of the constitution iii The Theory Underlying the Constitution 1 Federalist 1 O a Madison s first and most celebrated essay b Devise a republic where majority of citizens will be unable to tyrannize the minority c Factions described by Madison as a number of citizens whether amounting to a majority or minority of the whole who are united and actuated by some common impulse of passion or of interest adverse to the rights of other citizens or to the permanent and aggregate interests of the community d Two ways to eliminate factions authoritarianism and conformism i authoritarianism form of government that actively suppresses factions ii conformism people can t be made to have the same goals e Madison identifies 2 kinds of factions those composed of a minority of the citizenry and those composed of a majority f Democracy introduces its own special brand of factional tyranny comes from a self interested majority g People were scared that majority rulemob rule i Madison argued that representation diluted the factious spirit because politicians wanted to get elected ii Size principle to a point the larger and more diverse the constituency the more diluted is the influence of any particular faction on the preferences of the representative h Differences will create a benign collective action problem i Madison s view of democracy seen as pluralism welcome s society s numerous diverse interests and generally endorses the idea that those competing interests most affected by a public policy will have the greatest say in what the policy will be 2 Federalist 51 a Offers an organic solution to the danger of majority tyranny b Separating government officers into different branches and giving them the authority to interfere with each other s actions c Politicians must defend the integrity of their offices Conveys theory of pluralism e Explores howwhy governmental system that emerged from political process in Philadelphia might actually work iv The Constitution Born of Sweet Reason or Politics 1 constitution was adopted to correct the problems inherent to localism 9 FOR REVIEW 4 g 39 3 l The purpose of the Bill of Rights was to list out the basic rights of all Americans so these rights could not be violated as they were in the years of British rule under King George III 39 Amendment 1 Freedom of Speech Press Religion Assembly and Petition Amendment 2 The right to bear arms 39 Amendment 3 Protects against the Quartering of Troops Amendment 4 Protects against illegal search and seizure of personal property 39 Amendment 5 lnsu res due process protects against eminent domain provides rules for criminal hearings and protects against selfincrimination 39 Amendment 6 Right to a speedy and public trial and right to trial by jury 39 Amendment 7 Provides stipulations for civil trials Amendment 8 Protects against excessive bail and cruel and unusual punishment 39 Amendment 9 States that the rights listed in the Constitution are not all the rights given to the American people Amendment 10 States that all powers not granted to the National government or forbidden to the states belong to the states Click to go Back to last slide httpimadeslidesharecdncomconstitutiondavppt140917152218 DhpaDpOZ95constitutiondavDpt19638ipdcb141 0967388 lll Chapter 3 Federalism a Consistent backers of states rights have a philosophical commitment to the decentralization of authority believing that it leads to greater governmental innovation and to a set of state politics that better represent the desires of each state s residents than a single national policy b States being free to do what they want makes it hard to govern a nation where problems can spill over state lines c AmericanStyle Federalism vi Federalism is a hybrid agreement that mixes elements of a confederation in which lowerlevel governments possess primary authority and unitary government in which the national government monopolizes constitutional authority Before the US adopted a federal system with the Constitution we had a unitary government and then a confederation Unitary governments are way more common than federations and confederations combined in the world in general Under unitary governments lower level governmental entities are dependent on and created by the national government for authority and resources In federal system 1 same pe0ple and territory are included in both levels of government 2 nations constitution protects units at each level of government from encroachment by the other units 3 each unit is in a position to exert some leverage over others 4 local governments are established by the states and are not mentioned anywhere in the Constitution 5 state officials often exercise power to intervene in local affairs Evolving Definitions of Federalism 1 dual federalism leaves states and national government to preside over mutually exclusive spheres of sovereignty a federalist 45 b James Madison c The Powers delegated by the proposed Constitution to the Federal Government are few and defined Those which are to remain to the State Governments are numerous and inde n e 2 shared cooperated federalism recognizes that the national and state governments jointly supply services to the citizenry a each level of gov has exclusive authority over some policy realms b but state and federal powers intersect over many of the important functions 3 nationalization shifted the indefinite authority that Madison assigned to state governments to the national side a today national gov is involved in almost all policies that concern the lives of the citizenry b New Deal1930s c Great Society 1960s d No Child Left Behind Bush e Federal power 4 Reagan and Nixon administrations pushed for New Federalism by giving states more control over implementation of some federal programs and grants a Clinton 1990s Devolution Revolution 5 US has moved from dual to shared federalism where federal officials decide how authority over intersecting state amp federal policy areas should be divided 6 federal officials have many incentives to increase federal power a presidents rewarded when they bring state policies into line b congress claims political credit when they work thru federal gov to help their districts using national taxes d Federalism and the Constitution i Transformation of the Senate 1 in 1800s equal representation of states regardless of population combined with selection of senators by state legislatures gave the Senate the motive and the means to defend state prerogatives against national encroachment 2 7th amendment 1913 mandated direct popular election of senators 3 rumors that senators bribed legislators to buy seats a public consensus formed against indirect election of senators b over 3A of state legislatures surrendered control and turned Senate selection over to popular election c removed senators ties to state legislatures ii Constitutional Provisions Governing Federalism 1 the constitution gives the national gov at least as much responsibility for overseeing the integrity of the states as it does the states for overseeing the integrity of the national government 2 article IV of constitution obliges federal gov to ensure all states follow republican principles 3 23 of the states may petition congress to convene a special constitutional convention to propose amendments 4 The Supremacy Clause a Article VI b This Constitution and the Laws of the United States which shall be made in Pursuance thereof in keeping with the principles of the Constitutionshall be the supreme Law of the Land c National gov has supremacy but only insofar as its policies conform to a Constitution that prohibits certain federal activities d Restricted national authority e Frame to avoid impasses over jurisdiction not cede authority to national gov 5 The Powers of Congress a Enumerated powers specific authority that would enable the government to address problems the states hadn t grappled with effectively under the A of C b Elastic clause allows Congress to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers i Article Section 8 6 The 10th amendment offers the most explicit endorsement of federalism to be found in the Constitution a The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the people b Failed to fend off federal authority iii Interpreting the Constitution s Provisions 1 The framers envisioned a Supreme Court that would referee jurisdictional disputes among the states and between states and the national gov 2 McCulloch v Maryland 1819 brought together the supremacy and elastic clauses and moved them to the forefront of constitutional interpretation a Chief justice John Marshall said since the national bank assisted Congress in performing many of its responsibilities elastic clause gave national gov the implicit authority to create the bank 3 supremacy clause exempts federal gov from state taxes 4 Gibbons v Ogden sanctioned federal authority to preempt the states in virtually all policies involving interstate commerce 5 prior to Civil War Bill of Rights only applied to federal not state govs a 14th amendment allowed courts to use due process clause as basis for striking down state laws that violated explicit amp implicit federal rights e The Paths to Nationalization i Nationalization of public policy altered America s federal state relations ii Propelled by a rationalelogic that grew out of the requirements for collective action iii States have solicited federal intervention when they couldn t solve their problems by working together individually iv Constitution prohibits formal interstate agreements without national gov s consent v Voluntary cooperation holds potential for reneging vi National majorities have increasingly insisted on federal involvement in state and local matters vii Historic Transfers of Policy to Washington 1 FDR New Deal during Great Depression 1929 1940 a established economic management as one of national gov s 1St responsibilities b federal policy regulating and financing state ac on c supreme court relented by extending its interpretation of the commerce clause to include intrastate commerce that indirectly affected commerce across state lines 2 Lyndon B Johnson 1960s War on Poverty part of Great Society a Congress passed over 100 programs that would be carried out by states but funded and controlled through federal grants b Largest Medicaid health insurance to low income families senior citizens in nursing homes and disabled c Expanded fed gov s power 3 No Child Left Behind viii Nationalization the Solution to States Collective Dilemmas 1 Coordination problems a Even when need for coordination is evident no guarantee that states will agree to shift the responsibility to Washington b State politicians worry that surrendering authority for one accepted purpose might lead the fed gov to undertake less desirable policies 2 Reneging and Shirking a In nation s early years states failed to honor commitments b Coordinated national policies are necessary to solve collective action problems but they can sometimes emerge through state pressure c Ex climate changepollution i Though the first states to act worried about paying full costs of environmental protection while other states shirked the creation of a national policy to address the negative externality of greenhouse gas admissions solved collective action problem d Externality an effect felt by more people than just the one who chose to cause it 3 Cutthroat Competition a Under A of C each state conducted own international trade policy i Foreign govs exploited competition among states ii Prisoners dilemma iii Stated underbid each other cutthroat competition 1 ex environmental regulation b race to the bottom cutting back on things like the size of the monthly check a state pays to welfare recipients so it won t become a welfare magnet that attracts lowincome residents ix The Political Logic of Nationalization 1 promoters of a policy will try to shift it from the states to the national gov because they either expect more sympathetic treatment in Washington or find it easier than lobbying 50 state govs 2 state issues shifted to Washington a national campaigns for legislation banning automatic weaponshandguns 3 6 b regulating hazardous waste disposal c mandating special ed programs in schools d MADD i Caused Congress to tell states to raise drinking age to 21 by 1986 or they would lose 5 of federal highway funds 1 1987 10 national arena may be only place where policies can hope to prevail when opposed in the community where it needs to be enforced a ex civil rights in South 1960s conflicts arising over the environment frequently pit local resource users like ranchers and developers who bear the costs of environmental protection against nationally organized environmental constituencies that do not from Federalist10 states and the national gov combine the citizenry s preferences into different groupings with the result that the two levels of gov may adopt different even opposite policies to address the same problem national majorities will at times impose costs on local constituencies f Modern Federalism The National Government s Advantage in the Courts 1 today s constitutional litigation over federalism usually concerns direct efforts by fed gov to regulate the activities of state and local employees Preemption Legislation federal laws that assert the national government s prerogative to control public policy in a particular field National gov has developed 2 ways the carrot and the stick to induce cooperation from the constitutionally independent states 1 carrot financial inducements usually in form of grants to states a Grantsinaid important feature of intergovernmental relations Give national gov opportunities to define these state programs with great specificity b impacts how much control federal gov exercises over the scope of state programs c block grant federal gov gives each state or local gov exact amount of money to spend for some purpose i state pays cost for expansion ii if state doesn t use all the money fed gov keeps it iii lets gov set state spending levels d matching grant fed gov promises to provide matching funds for every dollar that a state spends in some area i between 1 4 ii lead to major program expansions iii creates a moral hazard situation where pe0ple or groups behave differently often taking more risks when they don t have to pay all the costs of their actions 1 take advantage of blank checks to spend more federal money iv allow fed gov to equalize living conditions across states with unequal economies v because matching rates incentivize higher state spending and redistribute money across the nation they have become an issue of partisan contention 2 stick regulation and mandates a not only are states required to administer policies they might object to but adding insult to injury the federal gov may not even compensate the states for the costs of administration i ex Education for All Handicapped Children Act 1975 1 requires states and school districts to offer prescribed amp usually costly levels of special ed for children with disabilities without providing more than a fraction of the funds needed to finance these mandated programs 2 many school districts find themselves low on resources for this b crosscutting requirements statutes that apply certain rulesguidelines to a broad array of federally subsidized state programs i since 1960s used to enforce civil rights laws c crossover sanctions stipulations that a state to remain eligible for full federal funding for one program must adhere to the guidelines of an unrelated program i ex MADD and drinking age d Direct orders requirements that can be enforced by legal amp civil penalties i Ex clean water act bans dumping of sewage ii San Francisco got in trouble with federal courtfinancial penalties e Partial preemption certain federal laws allow the states to administer joint federalstate programs as long as they conform to federal guidelines i if state agency doesn t follow rules of federal agencies might totally lose control of program ii ex state air pollution policies f 1990s Unfunded Mandates Reform Act required that new federal laws pay for the programs and regulations they imposed on the states iv Evolving Federalism A Byproduct of National Policy 1 federal gov assuming jurisdiction of large sectors of public policy once reserved to states a great society new deal IV Chapter 4 Civil Rights a Racial profiling enlisting race or ethnicity as the primary criterion for identifying a suspect i Seen after 911 Arab males and Pearl Harbor west coast Japanese Americans b What Are Civil Rights i Civil liberties the Constitution s protections from government power 1 Gov can t take these freedoms speech liberty privacy away 2 Well served when gov does nothing ii Civil rights protections by government or that government secures on behalf of its citizens 1 Require govs to act 2 today s civil rights include more than the civic rights of 18th century political expression amp participation 3 include safeguard against any effort by government and dominant groups in a community c The Civil Rights of African Americans i The results of African American civil rights have redefined the rights and liberties of all Americans ii Tyranny dominant white majorities in South used slaverysegregation to gain permanent advantage over black minority iii Black obstacles for securing rights 1 Constitution reserves important authority for the states like power to determine voting eligibility 2 separates powers over 3 branches making it difficult for national majorities to control the fed gov enough to strike against tyranny in the states iv politics based on selfinterest in a fragmented constitutional system explains why civil rights for blacks took so long v The Politics of Black Civil Rights 1 National majorities have fought discrimination forcefully twice a Reconstruction after civil war b Attack on segregation 19605 2 The Height of Slavery 18081865 a Congress passed law ending importation of slaves 1807 b Slavery became side issue north and south kept regional balance in senate c Matched states entry one slave one free into Union d Missouri Compromise i 1819 Missouri petitioned congress for admission as slave state ii 1820 iii Missouri entered as slave state iv Maine entered as free state v Maintained balance in senate vi Southern border of Missouri established as northern boundary slavery couldn t go above 36 30 line vii Eventually more free states began to jom viii Abolition movement rose e Wilmot Proviso amp Compromise of 1850 i 1846 David Wilmot introduced bill that would ban slavery in new territories ii Said slave labor depressed wages for white free workers iii Passed in House but not in divided Senate iv Antislavery Free Soil Party Martin van Buren 1848 campaign v Joined Republican Party vi Southerners mad about runaway slaves through Underground Railroad not being returned vii south agreed to admit California as free state in return of passage of Fugitive Slave Law forcing north to return southern slaves viii compromise of 1850 introduced by Henry Clay allowed residents of f territories to decide for themselves to apply for slave or free statehood Dred Scott Galvanizes the North i Supreme court Dred Scott v Sandford ii Decided that federal gov couldn t prevent slavery in the territories iii Republican Lincoln won 1860 election amp so did Republican members to Congress for first time president and majority of Congress against slavery iv Lincoln announced national gov wouldn t listen to minority South v Southern states seceded SC first vi Civil War began 3 Reconstruction 18651877 a 18651870 slaves emancipated 13th b c amendment Granted citizenship 14th amendment Guaranteed right to vote 15th amendment i Only some states gave them access to vote though ii Proof of property ownershipliteracy tests Even abolitionists thought granting slaves full citizenship was radical Black codes prevented former slaves from vo ng The 14th and 15th Amendments i 14th defines citizenship to include former slaves 1 No state shall deprive any person of life liberty or property without the due process of law nor deny to any personthe equal protection of the laws 2 If state fails to allow black males to vote in federalstate elections number of seats it has will be proportionally reduced 3 Reconstruction Acts disbanded governments of southern states amp replaced with military districts 15th secures vote for blacks g Rights lost the Failure of Reconstruction I ii iii iv v vi vii 4 The Jim Cr Advancement of black civil rights was temporary 1877 all former Confederate states returned to white Democratic control Violence KKK intimidation Republicans getting defeated Laws to protect blacks not enforced Reconstruction ended with 1876 election 1877 federal troops left South ow Era amp Segregation 18771933 a Jim crow laws adopted in south in 1890s to disen franchise black citizens and physically separate black and whites b Segregation of blacks and whites in access to schools hospitals prisons parks restrooms housing etc c Prevented blacks from voting iv v vi White primary excluded blacks from voting in primary elections Poll tax to be paid months before election Literacy test readinterpret passages of state s constitution difficult reading Grandfather clauses exempted from these registration requirements those whose grandfathers had voted before civil war Sometimes caught poor illiterate whites By 1910 less than 10 of black males voted in South d Supreme court upheld segregation e 1896 Plessy v Ferguson Supreme court said south s Jim Crow laws and segregation were constitutional Plessy 78 white but considered black sat in whites only railroad car 39 39 Court said 14th amendment referred only to political equality Segregation allowed if separate but equal facilities Separate but equal doctrine officially allowed segregation in South 5 Democratic Party Sponsorship of Civil Rights 1933 1940s a Great depression ended Republican dominance in national politics b Blacks hit harder by great depression c The New Deal iv V FDR won 1932 amp New Deal caused blacks and democratic politicians to contemplate mutual interests New Deal s evenhanded treatment of black community appealed to black voters Programs offered blacks assistance for first time since Reconstruction but others didn t help them Roosevelt appointed over 100 black administrators some to prominent posts Roosevelt supported fair employment d Blacks and the New Deal Coalition Democratic Party began to embrace black voters Supreme Courtlower federal judiciary more sympathetic to civil rights claims Blacks shifted from republican party of Lincoln to democratic party of Roosevelt 1 many blacks moved north to vote and escape segregation iv 2 joined army WWII less racist less intimidating communities 3 jobs in wartime industry 4 farm mechanization made labor intensive farming obsolete 1948 Truman openly courted black vote for reelection at risk of alienating South 1 Integrated armed services 2 Sponsored civil rights bill first since reconstruction making racial lynching a federal crime provided federal guarantees for voting rights and prohibited employmenthousing discrimination 6 Emergence of a Civil Rights Coalition 1940s50s Renewed support for civil rights from Republican Party shifts from Democratic a Pany NAACP s Litigation Strategy Began 1909 to represent black defendants throughout south and use federal judiciary to challenge segregation Convinced supreme court of inequality of separate but equal facilities esp in educa on Brown Trumps Plessy 1950 Oliver Brown tried to enroll daughter Linda into white neighborhood public school Brown v Board of Education of Topeka Kansas 39 39 Supreme Court Justice Thurgood Marshall represented NAACP and took case Chief Justice Earl Warren crumbled Plessy ruling 1954 saying education is a right which should be made available to all on equal terms and separate educational facilities are inherently unequaP v Decision was met with massive resistance across the South 1 Virginia closed public schools and only opened private ones 2 Supreme court itself intervened in 1957 to order city of Little Rock Arkansas to enroll black students in all white Central High School a President Eisenhower sent US Army troops to escort black students to school d The 1957 Civil Rights Act Rehearsal for the 1960s i Lyndon B Johnson introduced it ii Allowed blacks who felt their vote was denied because of race to sue their state in federal court 1 Few gained right to vote through this limited law iii First civil rights LAW since reconstruction iv In 1964 election Democrats retained presidency and enlarged majorities in congress 1 Led to dismantling segregationvoting discrimination 7 The Civil Rights Movement 1960s a Before 1960s civil rights movement led by NAACP tried to influence judges more than politicians b 1955 Rosa Parks didn t give up seat to white passenger to sit in the back of the bus as the law required i Launched Montgomery bus boycott c 1960 first sitin black college students in Greensboro NC sat in restaurant reserved for rights and wouldn t move until served or arrested d Shifted strategy from litigation to mass demonstration introduced collective action problems e Black southern preachers were able to mobilize congregations i Ex MLK Southern Cristian Leadership Conference f Nonviolent demonstrations g Free riding problem i Successful demonstration requires many people to voluntarily expose themselves to danger and other sanctions yet every individual knew that his or her participation wouldn t make or break the demonstration h The Birmingham Demonstration i SCLC leaders needed to produce results ii JFK early 1963 told them to be patient iii Birmingham had very intolerant police chief Eugene Bull Conner iv This would show graphic display of discrimination v Local law enforcement arrested thousands and used police dogs and fire hoses to disperse peaceful demonstrators 1 Seen on TV American horrified 2 JFK couldn t ignore a lnvited movement leaders to white house to plan legislative strategy i The Democratic Party s Commitment to Civil Rights i 6111963 JFK addressed nation proclaiming full support for civil rights and revision to civil rights bill ii After JFK s assassination LBJ continued support j The 1964 Civil Rights Act k i LBJ persuaded Senate Republicans to join northern Democrats in breaking southern filibuster ii Authorized national gov to end segregation in public educationaccommodations iii Civil rights big campaign issue 1964 election 1 Republicans went from supporting civil rights to not 2 Largest presidential landslide in history The Voting Rights Act of 1965 i Prior voting acts required proof of discrimination in court ii Spring 1965 demonstration in Selma AL 1 Displayed on tv iii Voting rights act was aggressive 1 Knew blacks would vote democratic iv Dramatic effects v For first time southern politicians aid attention to black constituents vi 19702002 number of black elected officials rose dramatically 8 The Era of Remedial Action 1970s to Present a b Civil rights movement lost momentum but advances continued De facto segregation not mandated by law but arose as byproduct of former discriminatory housing laws that kept neighborhood schools segregated Affirmative action policy that requires any employees or government agencies that have practiced past discrimination to compensate minorities and women by giving them special consideration in their selection for employment and education i Early efforts in 1970s used quotas setting aside certain of admissions contracts jobs etc for those who suffered from past discrimination ii Has caused problems in admissions students angry because of not being admitted to colleges iii 2012 Abigail Fisher denied admission to UT amp argued that rule to admit students in top 10 of their class precedes need for affirmative action vi The Legacy of the Civil Rights Movement 1 Black civil rights movement built foundation of federal laws judicial precedents and administrative regulations that have been extended to other groups 2 Equal Rights for Women The Right to Vote a Suffragists women who campaigned for right to vote b 1869 Wyoming passed first women s suffrage law c 1920 19th amendment extended right to vote to all women i Registered much faster and easier than blacks ii Took longer than blacks though to actually get vote because didn t have advantage to either party iii Elizabeth Cady Stanton and Susan B Anthony tried to include women in 14th amendment but it was limited to males iv Women s suffrage viewed as costly issue v After blacks technically got the vote women s suffrage became only a women s issue more difficult to pass vi Gradual increased support vii By 1919 15 states gave women right to vote in at least some elections 3 The Modern History of Women s Rights a Sex discrimination was outlawed in 1964 Civil Rights Act b d National Organization for Women NOW formed 1966 in reaction for Equal Employment Opportunity Commission EEOC s refusal to enforce sex discrimination policies 1972 Title IX of Higher Education Act prohibiting funding for schools and universities that discriminate against women i Size of sports programs Employment equality 4 Rights For Hispanics a b Similar to struggles of blacks Lack of language skills to exercise civil responsibilities in English c Language citizenship issues d 1970 voting rights act of 1965 required that ballots also be available in Spanish in areas when at least 5 of population is Hispanic A few states have adopted English only laws Alexander v Sandoval 2001 Applicant for Alabama driver s license challenged English only laws as civil rights violation i Ruled that individual couldn t challenge Alabama s regulations that all license tests be written in English Illegal undocumented aliens have less civil rights and legal aliens have less access to government than citizens Illegal workers don t report abuses like low wages for fear of deportation Tightening access to driver s licenses and forms of ID i Some laws required photo ID to vote ii Made it hard for those who don t drive to get a form of ID Hispanic voting power will grow most of them are young and are citizens so will be able to vote i More officeholders 5 Gay Rights roe Murky area because of public s views Supreme court ruled that a voter approved amendment unconstitutionally denied gays equal protection but didn t confer any specific rights to them Homer v Evans 1995 Congress passed Defense of Marriage Act rejected same sex marriages and allowed states to ignore them i Married couples benefits 1 Social security survivors benefits Medicaid estate tax exemptions orreduc ons Hate crime protections extended Hate crime provisions of the criminal code that make illegal or stiffen penalties for violence directed against individuals property or organizations because of race gender national origin sexual orientation 2012 31 states had banned gay marriages by passing laws or amending constitutions Civil union allows samesex couples to receive many legal benefits of marriage but without being married Changing public opinion people more accepting of gay and interracial marriage Summer 2015 supreme court ruled samesex marriage legal V Chapter 5 Civil Liberties d Nationalization of Civil Liberties i Civil liberties claims are frequent New technologies amp lifestyles Reining in Majorities 1 determination of national civil liberties has shifted from nearly exclusive jurisdiction of states and communities to Washington 2 advances in national civil liberties policy have frequently involved reining in majorities that assert their prerogatives over the objections of individuals and groups who did not wish to conform to prevailing social norms and rules iv The Bill of Rights Checks Majority Rule 1 Unlike civil rights civil liberties are a domain in which national majorities will be constrained in fixing national policy 2 Bill of Rights was designed to limit the capacity of the gov to impose conformity costs on those individuals and minorities whose views differ from those of the majority 3 No amendment is absolute and some are very ambiguous 4 Civil liberties policy is a boundarysetting activity separating what government actions are amp are not permissible e Writing Rights and Liberties into the Constitution i Constitution didn t seriously address civil liberties ii Steps to address civil liberties in constitution 1 bill of rights 2 14th amendment a Incorporation used 14th amendment to make bill of rights binding on state govts not just federal iii First 10 Amendments 1 antifederalists salvaged major political concession with bill of rights even though they lost the ratification fight 2 decision of Barron v Baltimore illustrated bill of rights only being applied to federal gov a Barron sued city of Baltimore for violating his 5th amendment property rights taking private property without just compensation b Supreme Court ruled that bill of rights was directed to federal power c State constitution would have to be amended iv Incorporation via the 14th Amendment 1 proposed during Reconstruction 2 due process clause clause found in 5th and 14th amendments protecting citizens from arbitrary action by the national amp state govs 3 Equal protection clause 14th amendment clause guaranteeing all citizens equal protection of the laws a Has now been interpreted to bar discrimination against minorities amp women 4 Privileges and immunities clause the clause in section of the 14th amendment stipulating that no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US a 1873 slaughterhouse cases tried to fight a monopoly used 14th amendment to say monopoly denied privileges amp immunities but Supreme Court ruled against this 5 selective incorporation the supreme court s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of the Bill of Rights to state laws amp practices 6 Supreme Court incorporating provisions of Bill of Rights into due process clause of 14th amendment a 1940s60s first amendment freedoms speech press religion b 1960s 46th amendment freedoms due processequal protection c Today exploring right to privacy 9 7 Madison s vision of the national gov as the ultimate guarantor of individual rights has largely been realized v Judicial Interpretation 1 Supreme Court finds it difficult to agree on decisions different interpretations 2 However it s hard to remove bias and justices can still be identified as liberals and conservatives a President nominate justices who will uphold their beliefs long after they leave office vi Major vs Peripheral Rights 1 Peripheral rights their parameters haven t been fully developed by the Supreme Court f Freedom of Speech i Amendment 1 Congress shall make no awabridging the freedom of speech ii Some categories of speech that are excluded 1 Speech That Advocates Illegal Activity a Clear and present danger test rule used by Supreme Court to distinguish between speech protected and not protected by 1St amendment Under this rule 1St amendment doesn t protect speech aimed at inciting an illegal action 1925 Court decided that 13t amendment free speech clause applied to state govs Clear and probable danger test rule introduced by Chief Justice Fred Vinson for the courts to enlist in free expression cases In each case the courts must ask whether the gravity of the evil discounted by its probability justifies such invasion of free speech as is necessary to avoid the danger Brandenburg test example of Court s modern tendency to protect speech that majority of Americans dislike or find offensive i Member of KKK arrested 1969 for advocating crime amp violence as means for political reform ii Supreme Court voted against that 2 Sexually Explicit Expression a Obscenity publicly offensive acts or language usually of a sexual nature with no redeeming social value Definition of obscenity hard to define amp distinguish from pornographic Supreme Court reviewed obscenity policy 1957 Roth v US i A work was obscene if it was utterly without redeeming social importance 1973 Miller v California shifted authority for obscenity policy to state govs Internet has made it more difficult Children s Internet Protection Act 2000 i Obscene websites required to ask for adult id like credit card before displaying info so kids can t use sites Enforced in libraries that accept federal money for Internet services 3 Freedom of the Press a Amendment 1 Congress shall make no lawabridging the freedomof the press b Independent press is indispensable in maintaining a representative democracy c 1954 Samuel Sheppard trial Example of freedom of the press too much press in courtroom depriving defendant of right to fair day in court Reversed his conviction 4 Freedom of Religion a Amendment 1 Congress shall make no law C respecting an establishment of religion or prohibiting the free exercise thereof Establishment of religion clause prohibits national gov from establishing a national religion Free exercise clause forbids national gov to interfere with the exercise of religion d Establishment i The Lemon Test Statue s 1 Lemon v Kurtzman 1971 2 3 conditions to satisfy to avoid breaking law a Statue must have secular legislative purpose like remedial education primary effect must be one that neither advances nor inhibits religion Statue can t foster an excessive government entanglement with religion 3 Vague ii Testing a policy s neutrality 1 Became more popular than Lemon test neutrality test policy favored by justices in establishment of religion decisions The justices used it to root out policies that preferred religious groups generally over nonreligious groups engaged in a similar activity e School Prayer and Bible Reading i Supreme Court decided against school prayer but has trouble enforcing it f Free Exercise i If a law is not neutral targets a specific religious practice it is invalid g Gun Rights Amendment II a wellregulated Militia being necessary to the security of a free State the right of the pe0ple to keep and bear Arms shall not be infringed For a long time Supreme Court interpreted as a collective good rather than personal freedom 39 39 Many believe that state means militia national guard Lower federal courts are left to define parameters of 2nol amendment rights Mass shootings Columbine VA tech Sandy Hook Aurora Charleston lately have fueled demand for action h Criminal Rights Until 19605 supreme court applied 14th amendment s due process clause to defendants only in egregious instances of state misconduct Controversial iii 4th Amendment Illegal Searches amp Seizures 1 Amendment IV The right of the people to be secure in their persons houses papers and effects against unreasonable searches amp seizures shall not be violated and no Warrants shall issue but upon probably cause supported by Oath or affirmation and particularly describing the place to 2 3 4 be searched and the persons or things to be seized Specific amp detailed Police need search warrant right a Supreme Court once ruled that police investigations are only wrong if they invade your personal space b So phone wiretaps without a search warrant were legal and evidence found this way could be used in a trial c 1967 supreme court started expanding privacy and limiting police use of technology to conduct warrantless searches Katz v United States d Court allows police searchesseizures without a warrant i During valid arrest ii When searching to ensure evidence isntlost iii When searching with consent of suspect iv When search occurs in hot pursuit when suspect is in the act of committing a crime v When seizing evidence in plain view vi When searching places other than residences that Court has decided merit low protection like cars More problems today many courts let cops search cell phones iv 5th Amendment Selflncrimination 1 0391 Amendment V No personshall be compelledto be a witness against himself 2 Testimony in trial 3 4 Only if granted immunity from prosecution can you Statements made before trial be legally compelled to testify Have to give pe0ple their rights like to remain silent Until 1960s many police depts induced confessions through beating threats etc since it s easier to have a confession than going through a trial 7 Prisoner s dilemma 8 1964 Miranda v Arizona a Miranda rule b Police custody is inherently threatening and confessions obtained during that period are evidence only if suspects have been given their constitutional right to remain silent c Defendants also must be warned that what they say can be used against them in trial and they have right to have a lawyer present for any statements and the state will provide them one if they cannot and right to end interrogation at any time v 6th Amendment Right to Counsel amp Impartial Jury of Peers 1 Amendment VI In all criminal prosecutions the accused shallhave the Assistance of Counsel for his defense 2 Gideon v Wainwright a 1963 Gideon denied right to a lawyer and sent to jail since he couldn t afford one b Supreme court ruled in his favor 3 Federal courts let states determine jury size etc a but have to be composed of defendants peers b ex blacks weren t in juries in the south until 1960s since they couldn t vote vi 8th Amendment Cruel amp Unusual Punishment 1 Amendment Vlll Excessive bail shall not be required nor excessive fines imposed nor cruel amp unusual punishments inflicted 2 Supreme court has limited application of this amendment to death penalty cases a 1972 blacks more likely to get death penalty for murdering whites than whites murdering blacks i allowing juries to determine whether to give death penalty let to racial disparities in sentencing in south b 2009 ruled unconstitutional to sentence a minor to life in prison without possibility of parole if crime didn t involve murder i Privacy i Right to privacy isn t explicitly stated in Bill of Rights ii 1965 Court ruled that our guaranteed rights are not limited to those specifically identified in the constitution iii 9th amendment opened door to unstated rights the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people iv Penumbras implicit zones of protected privacy rights on which the existence of explicit rights depends v Childbearing Choices 1 1961 Estelle Griswold arrested for opening Planned Parenthood clinic violating anticontraceptive law from 1879 in Connecticut 2 Supreme court ruled in her favor 3 Roe v Wade 1973 a The right of privacy whether it be founded in the 14th amendment s concept of libertyorin the 9th amendment s reservation of rights to the pe0ple is broad enough to encompass a woman s decision whether or not to terminate her pregnancy b Ended abortion s varying legality across the sates c States can t ban abortions prior to viability but can regulate women and doctors as long as they don t burden the right 4 2003 congress passed PartialBirth Abortion Ban Act prohibiting very latestage abortions vi The Brave New World of Informational Privacy 1 Online companies gathering info on users 2 Privacy concerns 3 Government has access to private items 4 Don t need warrant for old emails etc j Assessing Civil Liberty as Public Policy i Bill of rights has gradually become accepted as national policy that applies to every level of gov States still have some power though 39 39 Original civic rights have been broadened Mentioned example the right to die 1 Assisted suicide controversial Although federal judges are not elected voter s preferences are heard Civil liberties constantly changing
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