Compilation of Notes from Second Half of the Semester
Compilation of Notes from Second Half of the Semester 300
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This 11 page Study Guide was uploaded by Elizabeth Beck on Thursday October 8, 2015. The Study Guide belongs to 300 at Washington State University taught by Rick Davis in Fall 2015. Since its upload, it has received 13 views. For similar materials see The American Constitution in Political Science at Washington State University.
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Date Created: 10/08/15
The logic behind separation of powers 0 A government is legitimate to the extent it is accountable Consolidated political power is vested in one person or body of people Abuse powers because nobody is accountable Framers of constitution stayed away from this Locke s Model of SOP 0 Early stages of SOP All power should be placed in one body of people He did believe the powers should be separated but rather than have branches like we do today 0 Legislative branch is most powerful Federative and executive are equal 0 Didn t believe in a judicial branch said this fell under legislative and execque Montesquieu39s Model of SOP Thoughtjudicial branch should be separate function Institutionalized branches around power Completely separate but equal 0 Emphasized separation of legislative and executive wanted them to be two separate institutions Except for the same as with Lockes model Madison39s Model of SOP Set up procedures to allow branches to check each other CHECKS AND BALANCES Current system c We should set up procedures in our constitution to allow each branch legislative executive judiciary to check each other These procedures would lengthen the constitution and provide balance to government structure Formal and Flexible approaches to separation of powers 0 Formal Like Montesquieu strict separations and boundaries between branches of government 0 Flexible Like Jim Madison the powers of government and branches can ove ap Myers v US Woodrow Wilson removes a postmaster general wo consent of the senate which was a violation of an 1876 statute saying that removing a postmaster general required the advice and consent of the senate Question Is the 1876 statute an unconstitutional restriction on executive power or does it allow the legislature to intrude on executive power Answer Yes it does intrude on executive power and is unconstitutional Formal decision because by allowing the legislature to impede on executive power there isn39t a strict enough separation between branches Humphrey s Executer v US FDR is elected into of ce and removes the commissioner of federal trade Humphrey39s because they don39t get along The FTA says that the FTC can only be removed for quotneglect inef ciency or malfeasancequot So FDR didn39t have an adequate reason for removal Question Is this a restriction on executive power should FDR have the right to remove the FTC for any reason Answer No because it says directly in the FTA that the FTC can only be removed for 3 reasons and Humphreys was doing a ne job Also the constitution has no say in the matter Flexible Decision because the courts said that since the constitution doesn39t explicitly give the executive branch sole power of removal it is therefore a shared power U S v Nixon Nixon was ordered to turn over tapes with con dential info that pertained to the Watergate scandal Nixon tried to invoke executive privilege Also Nixon repeatedly res attorney generals until he nds an attorney general willing to re an independent prosecutor investigation Nixon Question Can Nixon evoke privilege Can the president remove appointed of cials in the way he did for his own personal and professional gain Answer No he does not have executive privilege because it is an implied privilege and doesn39t always apply Yes he has the right to remove the appointed of cials because he is the manager of the executive branch and can do what he sees t Flexible and Formal because in terms of removing of cers the decision is Formal but in terms of privilege it is exible Clinton v ones Clinton res Jones she claims that he red her after she rebuffed several sexual attempts from him Jones sues Clinton in civil courts Clinton claims that he is too busy to deal with the case and evokes presidential immunity Question Is the serving president for SOP issues immune from civil suits while in of ce Answer No just because the president is president doesn39t mean he is immune from civil suits Also there is nothing in the constitution saying the 3 branches cant exercise authority over one another Flexible because branches are interacting with one another Clinton v New York 0 Clinton was looking at two pieces of legislation and crossing out only certain things he didn39t like rather than vetoing the bills as a whole line item veto Question does the line item veto violate separation of powers as he is picking and choosing what he does and doesn39t like from the legislature Answer Yes because it is a violation of the presentment clause 0 Formal decision because it is saying the president can39t perform a legislative duty INS v Chadha Either house of congress can suspend deportation hearings in order to nd more information house suspends the hearing Chadha out 0 Formal Decision Bo wsher v Synar De cit control act to restrict de cit spending when caps were reached comptroller cuts off all funds courts say Yes of ce was made for legislative Formal decision Procedural and substantive due process 0 Procedural due process when the court looks for procedures that are clearly stated in the constitution criminal procedure right to a fair trial Substantive due process They read into the constitution into something that isn39t clearly stated Especially the word 39liberty39 what does liberty mean when the court interprets liberty they39re interpreting it substantively 5th and 14th Amendments Due Process clauses 5th amendment congress shall make no law limiting life liberty and pursuit of happiness limits federal government 0 14th amendment state government shall make no law limiting life liberty and pursuit of happiness limits state government Political culture economic philosophy and constitutional doctrine before and after 1937 Pre 1937 0 Political Culture Liberalism was seen before court as markedbased Government was limited for purpose of economics Pull yourself up to a higher standard 0 Economic Philosophy Laizzes faire capitalism Government shouldn39t regulate economy in anyway 0 Constitutional Interpretation quotLiberty of Contractquot Post 1937 0 Political Culture Rights liberalism individual rights 0 Economic Philosophy quotMixed Capitalism 0 Constitutional Interpretation quotselective incorporationquot Civil liberties found in the Bill of Rights are incorporated against state government GOES THROUGH 14TH AMENDMENT AND IS APPLIED TO STATE GOVERNMENTS The New Deal Court 0 Block 1 four horsemenconservative block ofjudges appointed during liberty of contract era 0 Van Devanter o Sutherland 0 Butler 0 McReynolds 0 Swing o Hughs swung liberally o Roberts swung conservatively Block 2 liberal o Brandies 0 Stone 0 Cudozo The Courtpacking episode of 1937 FDR realizes that the reason that bills aren39t being passed is because a lot of the justices are outdated and against change He attempts to get a bill passed to add one new justice for every current justice over the age of 60 giving him the ability to get the right number of 39new dealers39 on the court Bill wasn39t passed but still the liberty of contract way of thinking was abandoned as a result Santa Clara County v Southern Paci c Railroad and Allgeyer v Louisiana Ushered in liberty of contract era SCC v SPRR Deemed that corporations are citizens and therefore have the same rights as citizens Allgeyer v LA 0 Due process can be interpreted in a way to economically protect citizens Lochner v New York Dealt with NY state regulating the baking industry Established maximum working hours for the day and the week 10 hours per day and 60 hours per week 0 Question Is this a violation of the 14th amendment due process clause liberty and also involves a state 0 Answer Yes by not allowing two parties to negotiate the terms of their contract they are being denied liberty wo due process Adair v US contract issue Involved Erdman act which meant that you can39t make people sign a contract saying they will not join a union yellow dot contract passed by congress Question Is the Erdman act a violation of the 5th amendment Due Process clause 0 Answer Yes it is a violation of the 5th amendment 5th amendment because its US Coppage v Kansas 1915 0 Also had to do with yellow dot contract had it before the Erdman was passed at federal level 0 Question Is the Kansas state law a violation of the liberty of contract as applied in the 14th amendment 0 Answer Yes employee and employer have a right to negotiate their contract Atkins v Children s Hospital Minimum wage law 0 Had to do with District of Columbia minimum wage law 0 Question is this a violation of liberty contract in relation to the 14th amendment 0 Answer Yes it is Cite Coppage Adair and Lochner because economic affairs are protected by the 14th amendment Powell v Alabama Violation of right to counsel 6th amendment 0 2 black men accused of raping a white woman were rushed through legal proceedings went through 3 trials in one day convicted of the crime 0 They were not allowed to consult any counsel attorney amendment says that If you are facing the death penalty you are allowed counsel Cantwell v Connecticut 1st amendment free exercise Jehovahs witnesses Cantwell39s played a record for some men promoting the Jehovah39s Witness faith in a public place The men then beat up the Cantwell39s the Cantwell39s then go to the police but are instead arrested for disturbing the peace a city ordinance whereas Cantwell sees it as a violation of his right to free exercise of religion 0 Question Is this a violation of 1St amendment right to free exercise or the city ordinance Answer The city ordinance is a just law but in this case is applied in a way that inhibits the Cantwell s right to free exercise Griswold v Connecticu Right to privacy 0 Connecticut had a law stating that no information on contraceptives could be handed out nor talked about by doctors Griswold president of planned parenthood challenged law and was denied because courts said the law wasn t enforced anyway She then passes out information is arrested and goes to supreme court 0 Question Is it a right to privacy for citizens to gain information about contraceptives Answer The court says there is an implicit right of privacy in the constitution and it gives people the right to decide whether or not they want to have children West Coast Hotel v Parrish Also dealt with the minimum wage law It was aimed towards women and people under a certain age The court was getting nervous Owen Roberts who usually swings in the conservative side went the other way and voted liberal and upheld the minimum wage law and abandoned the liberty contract quotSwitch in time to save the ninequot Gitlow v New York Selective incorporation case lst amendment rights DO apply to state governments but not in this case because NY has an interest in passing this law to protect that state hinted at Fisk v KA early 2039s 0 First amendment is actually applied to states Fiske v Kansas Palko v Connecticut Was tried and sentenced for rst degree murder Went back and was tried for second degree murder Died in gas chamber Decided the case was probably wrong 14th interpreted in a broad way appied to states 0 both of these cases show the hypocrisy of the 5C they said that both cases were normally wrong but that in those cases it wasn t wrong 5C always went back and forth Powell v Alabama Powell v Alabama Selective incorporation case Facts 0 Powell and eight other black men were accused of raping two white women 0 They were convicted and sentenced to death o It was rushed so much so that there were three trials in one day Resulting in several due process rights were ignored They were not given the opportunity to consult council Both in AL and Bill of Rights when facing capital punishment you have a right to an attorney Question Was the trial which was very rush depriving them of due process speci cally no counsel in violation of the 6th amendment as in encompassed in the 14th amendment Holding Court says yes it is therefore applying the 6th amendment to states The 6th amendment which is a limitation federal government is now applied to the states 0 15 Amendment 0 cannot deny the right to vote by race 0 17 Amendment 0 direct election of senators by the people 0 19 Amendment 0 woman cannot be denied the right to vote 0 24 Amendment 0 abolishment of the poll tax 0 26 Amendments 0 Voting age is set to 18 Reapportionment Every 10 years a census is taken Representation of state changes Malapportionment unintentional gerrymandering poorly drawn districts that result in voter dilution Redistricting Voter Dilution Gerrymandering the idea of intentionally drawing districts to dilute votes from religious ethnic and geographic areas typically Voting Rights Act speci cally sec 4 and sec 5 enforcement of 15th Amendment 0 Section 4 suspect states documented history of voting discrimination 0 Section 5 preclearance any suspect state that reapportionslegislationetc has to preclear with either attorney general or District Court DC attorney general can bring suit against states who have voting discrimination Fed examiners makes sure voting discrimination is not going on Colegro ve v Green 0 Suit against Illinois to delay election because districts were not Compact Contiguous Connected or equal population 0 Q Is this apportionment a violation of the equal protection clause and principles of apportionment o No there is no statute based on principles of apportionment in constitution that states have to be compact contiguous or equal States electoral systems including manor in redistricting have been left to the states This is a political question not to be handled by the courts but legislation Baker v Carr 0 filed suit by saying state did not reapportionment voting districts which is mandated by ten Law Had not reapportioned since 1901 0 Q Does the court have jurisdiction over reapportionment Is this particular scheme in violation of the 14th Amendment Equal Protection Clause 0 Yes there s political element here but there is a constitutional question on whether or not equal protection is for equal protection a violation overturns Colegrove v Green Reynolds v Sims 0 Alabama reapportionment results in votes being weighed differently 0 Q is reapportionment scheme in Alabama in violation of the 14th Amendment 0 Yes because Baker V Carr reapportionment should account for population equality BAKER V CARR and REYNOLDS V SIMS establishes doctrine quotone person one votequot South Carolina v Katzenbach Facts The Voting Rights Act of 1965 prevented states from using a quottestquot or quotdevicequot ex literacy tests to deny citizens the right to vote Federal examiners were empowered to intervene to investigate election irregularities under the attorney general Constitutional question Did the act violate the state s rights to implement and control elections Holding No The court upheld the law noting the enforcement clause of the 15th amendment gave Congress the power to prevent racial discrimination in voting Gaston Co v US Were going to issue literacy test but were going to be impartial They were going to be issued to everyone and were going to be equal Went to preclear it and court said there is no such thing as impartial literacy test Beer v U 5 Voting rights acts does not require redrawing district lines as means to give minorities equal representation as long as they don t violate VRA City of Mobile v Bolden quotat largequot elections are not in violation of the VRA showing limitations everyone votes whoever wins gets it Get rid of districts and have at large elections not divide by districts just done by popular vote Court says there is nothing that says that at large elections violate Shelby Co v Holder Buckley v Valeo Citizens United v FEC 3 general sources of privacy 0 First Amendment 0 Considered to have an element that addresses privacy related issues Associational privacy Freedom of religion policy 0 Fourth Amendment 0 Protects us from unwarranted search and seizures Tort Law 0 A civil law typically at the state level which disallows picturing taking without purpose using someone39s likeness without their permission to turn a pro t Encompassed many privacy issues 3 areas of case law dealing with privacyrelated issues 0 4th Amendment 0 Boyd v US dealt with lack of warrant and search and seizure Increases 4th amendment 0 Olmstead v US illegally placed listening devices on private propReels back 4th amendment 0 Katz v US listening devices without Katzs39 knowledge reestablishes 4th amendment Overturns Olmstead Child Rearing Cases 0 Meyer v Nebraska state law prohibiting teaching foreign language Ruled as a violation of 14th amendment and due process as it is inhibiting their liberty to educate their children 0 Pierce v Society of Sisters federal law prohibiting the teaching of foreign languages Ruled as a violation of the 5th amendment and Hbe y Procreation Eugenics cases 0 Buck v Bell allowed for the sterilization of 3rCI generation retarded people Court ruled it constitutional because the people become wards of state typically 0 Oklahoma v Skinner Sterilization of 3rCI generation criminals Ruled as a violation of due process and equal protections clause privatized the American body The implicit right to privacy Griswold v Connecticut 0 Ban on passing out info on contraceptives makes it to supreme court and used as a test case for de ning privacy 0 Question Is this a violation of due process does one have the liberty to use contraceptives 0 Answer Yes because there is an implied right to privacy Although it is not stated speci cally in the constitution there is a theme of implied right in many places of the constitution Stated in that the right to privacy was in the amendments 13459 and 14th ESSAY Explain the political and judicial safeguards approaches to federalism What are the four eras of federalism and what characterizes them in terms of the scope of federal regulatory power What are the four operative clauses in federalism jurisprudence and how are they interpreted in each era Finally provide an example of case for each clause in each era
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