chapters 1,2,3 & 4: The Constitution and the Founding, Federalism, Civil Liberties, and Civil Rights
chapters 1,2,3 & 4: The Constitution and the Founding, Federalism, Civil Liberties, and Civil Rights Pols 1101
Popular in AMERICAN GOVRNMENT
Popular in Political Science
This 17 page Study Guide was uploaded by Varsha Mandiga on Saturday October 31, 2015. The Study Guide belongs to Pols 1101 at Georgia State University taught by Doug Teper in Fall 2015. Since its upload, it has received 411 views. For similar materials see AMERICAN GOVRNMENT in Political Science at Georgia State University.
Reviews for chapters 1,2,3 & 4: The Constitution and the Founding, Federalism, Civil Liberties, and Civil Rights
Amazing. Wouldn't have passed this test without these notes. Hoping this notetaker will be around for the final!
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 10/31/15
Chapter 1 The Constitution and the Founding 1 Describe the weaknesses of the Articles of Confederation and the events that led up to the Constitutional Convention 1 The Central Government was very weak 2 It required unanimous consent for ratification and amendment 3 The omission of an executive v 1 The first major weakness of the document was that the national government was not granted any power to control the actions of the states or enforce congressional decisions gtgt Due to the extremely limited powers given to the national government the central government left the country vulnerable to unpredictable economic forces and possible foreign invasion Weak Central Government Congress had No power to tax No power to regulate commerce among states or foreign nations O oreign nations were forced to negotiate with each of the states individually No ability to ensure the value of money regulate interstate commerce or international trade No power to regulate duties and tari s 3 2 The second major weakness of the document was that it required unanimous consent for ratification and amendment Under the Articles states retained independence and sovereignty further limiting government power was the fact that 9 of 13 states were needed to pass any measure and unanimity was required to amend the Articles gtgtRhode Island for example which represented less than 2 percent of the nation s population vetoed a tax to raise revenue for the armed forces during the Revolutionary War The incredible power held by each individual state under the Articles proved a fatal aw rendering the document in exible to change and favoring the rights of the minority over the welfare of the majority v 3 The third major weakness of the Articles of Confederation was the omission of an executive gtgt With no executive branch to carry out the laws and established power over the states this government was nearly incapable of action The Founder s feared of the monarchical power but soon they found that the absence of a chief administrator made the country vulnerable during times of crisis No Executive No power to implement or enforce laws No one to coordinate foreign policy Regardless of all the rules The Articles soon proved ineffective The combination of these aws left a edgling nation to ounder without revenue clear direction or security gt 1116EYEBESEh19HPth 99SQEHEEQMIQQHYEBIEQBE The crises caused by shay s Rebellion and other like it convinced in power that the weaknesses of the Articles of Confederation would need to be addressed for the new nation to survive and prosper 1 1 Shay s Rebellion The patriots of the Revolution found themselves broke indebted to the banks and facing foreclosure on their farms v 2 The national government had no power to raise the revenue it needed to repay the national debt incurred from the Revolutionary War 3 3 Nor did the government have the power to raise an army which left it susceptible to foreign and domestic attack 3 4 The national government also lacked the power to regulate interstate commerce international trade or currency v 5 Foreign nations were forced to negotiate with each of the states individually and the states seeking competitive advantage capitalized on this lack of regulation by charging tolls and fees for interstate commerce 2 De ne the term factions and discuss the two earliest factions to develop among delegates to the Constitutional Convention What were their key points of disagreement The term factions was used by the Founding Fathers Madison to refer to selfinterested groups where the other groups had the opposite interest The two earliest factions to develop among delegates to the Constitutional Convention were the Federalist and AntiFederalist groups AntifederalistsQppgsedIlze 9z zimti9nj They argued for the protection of states rights They believed a strong national government would raise taxes and annihilate state functions They felt the Constitution needed more restrictions against the national government a bill of rights was necessary before they would consider ratification FederalistsSeppartedzheQQIzstimriQn They believed a bill of rights was unnecessary or even dangerous could be construed as a finite list of rights They believed that the Constitution already limited the national government sufficiently They felt that the national government would struggle to be tyrannical because of its limited powers in our federal system Federalists paper Written by John Jay James Madison Alexander Hamilton FEDERALISTS AND ANTIFEDERALISTS DISAGREEMENTS V VV VV VVVV V V rural areas Federalists Antifederalists A Constitution establishing a Favored Opposed strong central government Power of thirteen states Favored limiting state power Argued that Senate with two Strong supported power and representatives per state adequately represented state interests in uence of states Bill of Rights Not necessary Supported as essential Articles of Confederation Opposed as ineffectual as a governing document Congress Articles needed to be power was limited to requesting cooperation from states amended not abandoned Size of the nation A large republic was seen as the best protection for individual Only a small republic could freedoms protect rights Supporters Large farmers merchants artisans Small farmers often from 3 The politics at the Constitutional Convention led to a number of compromises Be able to explain these compromises majority rule V minority rights small state V large state legislative V executive power slave states V nonslave states national V state power V V V V rAV Majgriw 11119 XSMiI19rity 11192 The delegates wanted to ensure that the general welfare of the majority would be protected while the voice of the minority would still be heard The large states supported a system of proportional representation under which each state would have a delegation proportionately equivalent to the size of its population Small states obviously did not support this idea The size of Congress itself was an additional source of debate due to the tension between majority rule and minority rights 9 annualsLaxggstatea A A A 7 A A TA A A I I l m WNW 39 w m 39 wk wk w w quot v A A A A A A A A I A 7 i i 39 j w I p v A proposal was put forward by delegates from Connecticut a compromise that narrowly got approved They suggested that representatives in each house of the proposed bicameral legislature would be selected through different means v The upper house The Senate would re ect the importance of state sovereignty by including two people from each state regardless of size composed of equal representation of states and v The lower house the House of Representatives would have different numbers of representatives from each state determined by population composed of proportional representation of population v By coming up with a mixed solution that incorporated elements of both plans this was proposal was called the Connecticut Compromise or the Great Compromise All legislation would require the approval of both houses thus protecting the voice of the minority while providing for the general welfare Virginia New Jersey Connecticut Compromise Legislature Bicameral Unicameral Bicameral Representation By population Equal by state Lower House Population Upper House Equal Executive Size undetermined Multiple Single executive Judiciary Allowed to veto state No power over state Jurisdiction over legislature interstate conflict Ratification By the people By the states Both gtgt In many respects this compromise re ected a Victory for small states but compared with their dominance in the Congress under the Articles of Confederation it is clear that negotiation produced something that both small and large states wanted Legislatixe1mmYExssutixepgmrz Checks and Balance Power to Veto of the President The Framers of the Constitution wants to limit the power of both the government and the people Proposed Three Branches of Government Legislative Make laws Executive Enforce laws Judicial Interpret laws v Slave states Vs NonSlave states ThreeFifths Compromise Slaves would not be counted as whole persons for the purposes of representation but they would not be excluded from the population count either Slave states wanted to have additional political power based on the number of human beings that they held as slaves Delegates from nonslave states wouldn39t allow such a blatant manipulation of political principles but the inhumane compromise that resulted meant counting enslaved persons as three fifths of a free person for the sake of calculating the number of people a state could elect to the House of Representatives In this way large Southern slave states would not be overly advantaged in representation in lower house Congress but they would be recognized for their population size Natignalp9wsr s tat 19xv9rz Federalism The division of power between the national and state governments Federalism and separation of powers would guard against abuses of power by either the national or state governments 4 Be able to identify the following as related to the US Constitution expressed enumerated powers know the expressed powers that are granted in Article 1 section 8 implied powers and the necessary and proper clause impeachment power of the purse judicial review executive powers clause commerce clause and the process of amending the Constitution EXpr9 s Enum rat dPrayers A list of powers speci cally granted to the government The enumerated powers of Congress are found in the first 17 clauses of Article 1 Section 8 in the Constitution ARTICLE 1 SECTION 8 CLA USES Original Text Explanation Clause The Congress shall have Power To lay and collect The very first power given to Congress by the Constitution is Taxes Duties Imposts and Excises to pay the the power to tax Money is power and in the governmental Debts and provide for the common Defense and structure created by the Constitution Congress not the general Welfare of the United States but all Duties president controls the money Congress also has the power to Imposts and Excises shall be uniform throughout levy tariffs taxes on imported goods but it39s not allowed to the United States charge more for imports into one state than into another Clause 2 To borrow Money on the credit of the United States Congress can borrow money through the issuance of bonds and other means When it borrows money the United States creates a binding obligation to repay the debt and cannot repudiate it Clause 3 To regulate Commerce with foreign Nations and Congress has the power to impose regulations on interstate and among the several States and with the Indian international business This quotinterstate commerce clausequot has Tribes been quite controversial in the history of constitutional law Clause 4 To establish an uniform Rule of Naturalization and Acts of Congress define the requirements by which immigrants uniform Laws on the subject of Bankruptcies can become citizens Only the federal government not the throughout the United States states can determine who becomes a citizen Bankruptcy laws make provisions for individuals or corporations that fail to pay their debts Clause 5 To coin Money regulate the Value thereof and of These clauses permit Congress to coin money and to issue foreign Coin and fix the Standard of Weights and paper currency By extension under its ability to enact laws Measures necessary and proper to carry out these powers Clause 6 To provide for the Punishment of counterfeiting the Congress created the Federal Reserve System to regulate the Clause 7 Clause 8 Clause 9 Clause 0 Clause 1 Clause 12 Clause 3 Clause 4 Clause 15 Clause 6 Clause 17 O Securities and current Coin of the United States nation s monetary supply To establish Post Offices and post Roads The postal powers embrace all measures necessary to establish the system and to insure the safe and speedy transit and prompt delivery of the mails Congress may also punish those who use the mails for unlawful purposes To promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries Copyright and patent protection of authors and inventors are authorized by this clause although it uses neither word To constitute Tribunals inferior to the supreme Court The Constitution provides only for a Supreme Court and left it to Congress to create lower inferior courts and to set their jurisdictions and duties To define and punish Piracies and Felonies committed on the high Seas and Offences against the Law of Nations Every sovereign nation possesses these powers and Congress has acted under this authority from the beginning To declare War grant Letters of Marque and Reprisal and make Rules concerning Captures on Land and Water To raise and support Armies but no Appropriation of Money to that Use shall be for a longer Term than two Years To provide and maintain a Navy To make Rules for the Government and Regulation of the land and naval Forces The war powers are defined here and in Article 2 Section 2 Congress declares war while the president wages war However presidents have committed US forces leading to con ict without congressional declaration of war in Korea Vietnam and other places provoking national argument over the meaning of these powers Congress control of funding the military provides another check on the executive branch To provide for calling forth the Militia to execute the Laws of the Union suppress Insurrections and repel Invasions To provide for organizing arming and disciplining the Militia and for governing such Part of them as may be employed in the Service of the United States reserving to the States respectively the Appointment of the Officers and the Authority of training the Militia according to the discipline prescribed by Congress Under these provisions the right of the states to maintain a militia including what is now the National Guard is always subordinate to the power of Congress In 1795 Congress first gave the president authority to call out the militia to suppress insurrections Presidents employed this power to enforce federal law during desegregation disputes during the 1950s and later during the civil disturbances in various cities during the l 960s To exercise exclusive Legislation in all Cases whatsoever over such District not exceeding ten Miles square as may by Cession of particular States and the Acceptance of Congress become the Seat of the Government of the United States and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Ports Magazines Arsenals dockYards and other needful Buildings This clause enables Congress to govern the District of Columbia Congress has now delegated that power to a locally elected government subject to federal oversight Congress also governs forts arsenals and other places obtained from the states for the federal govemment s purposes Necessary and 139139 C1a11s9 1mpli cl Rowers This quotNecessary and Proper Clausequot quotElastic Clausequot grants Congress a set of socalled implied powers that is powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I Implied Powers of the central government gt Make all laws which shall be necessary and proper for carrying into execution the foregoing powers Impeachment Congress has the right to impeach The President Vice President and all civil Of cers of the United States shall be removed from Of ce on Impeachment for and Conviction of Treason Bribery or other high Crimes and Misdemeanors v Power of the Purse The power of the purse is the ability of one group to manipulate and control the actions of another group by withholding funding or putting stipulations on the use of funds The in uence that legislatures have over public policy because of their power to vote money for public purposes or taxation Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority such as the terms of a written constitution Basically judicial review allows the Supreme Court to take an active role in making sure that the other branches of government abide by the constitution The vesting clause of any Article of the Constitution is the clause under which executive power is vested into a speci c body or group The First Article of the Constitution has a vesting clause giving power to Congress in the form of the Senate and the House of Representatives The commerce clause is one of the most farreaching grants of power to Congress The enumerated power from Article 1 section 8 of the Constitution that grants Congress the authority to regulate commerce The Commerce Clause has provided the basis for expanded national power through federal legislation on a broad array of issues Amending the Constitution is a twostage process In the rst stage amendments are proposed by one of two methods they can be proposed by a twothirds vote in both the House and the Senate or by a national convention called by Congress in response to petitions by twothirds of the states Of these two methods of proposal only the rst has ever been employed If either of those two decisions is made then an amendment moves to the rati cation phase of the process Rati cation can also be done using one of two methods If it has been approved by the legislatures of threefourths of the states or by special rati cation conventions held in threefourths of the states Of these two methods of rati cation the second has only been used once to ratify the 21st Amendment which repealed Prohibition is Requires 23 Requires 34 Amendment is proposed by a twothirds vote of each house of Congress Amendment is ratified by threefourths of the state legislatures Amendment is proposed by a national convention called by Congress at the request of twothirds of the state legislatures Amendment is ratified by threefourths of the state conven ons S i 5 How did the Constitution balance selfgovernance and limited government The Constitution balances self governance and limited government in a way that 0 The selfgoverning people allow any government they may organize to possess by grant from them only the limited and few powers with which the people think the particular government may sensibly be entrusted in order to serve their purposes without endangering their rightstheir liberties or freedoms These powers constitute the quotjust powersquot of government as the Declaration of Independence phrases it The few and limited powers of the United States government are enumerated and de ned in the people39s fundamental lawthe Constitution as amended 0 The limited quantity of its powers means it is limited in potential threat to the people39s liberties These quotjust powersquot being few and limited automatically define the limits of the duties which the people assign to this government It can have no duties no responsibilities other than those consistent with the limits of the powers granted to it by the people in the Constitution as amended 6 What are the four major principles of the American Government 1 Republicanism Republicanism is one possible ideology of governing a society or state as a republic The key point is that the people hold popular sovereignty rather than the people being subjects of a king 2 Separation of powers The Framers feared government and wanted to limit it so they didn t want to put too much power into one set of hands So they divided power vertically and horizontally through separation of powers among the three branches of government Each branch would be independent and equal with different staffs and functions 3 Checks and balances The power of each branch of government is checked or limited and balanced by powers held by other branches of government This way no one branch can tyrannize the other branches or the people 4 Federalism A unitary government was unacceptable due to the British eXperience and confederation had failed under the Articles so the Founding Fathers created something in between something they called Federalism Under federalism power is divided among the states and the national government 7 Major differences between the Constitution and the Articles of Confederation Element Articles of Confederation Constitution Bicamera Congress divided into the House of Legislature L39nicanieral Con ress 3quot Representatives and the Senate 39o fewer than two and no Re resentatives a ortioned Appo lonlucnt 0f more than seven dele ate er acciordin to stateplo ulation w b nlenlbers of Congress g p 5 p p state size two senators per state Representatives elected by popular vote senators appointed by state legislatures Selection of nlenlbers of Appmnted by state legislatures A39ote Senators are now Con ress g elected by popular vote according to the 17th Amendnzcnt ratified in 1913 v 39v Voting 1n Congress One vote per state one Ute per rcpl mnan 0 one vote per senator Two ears for re resentatives Term of legislative of ce One year 3 p 39 slx years tor senators Source of congressional 39 States National government Pa Executive None President Supreme Court Congress Judiciary 390 national court systeln authorized to establish national court systeln Body authorized to settle Con Tres Su renie Court disputes between states 3 1 Proportion of states required to amend All Threefourths document National government and the Power to coin lnoner National governnlent only states T Collected bv the states Collected and apportioned by axes apportioned by Congress Congress Chapter 2 Federalism 1 Discuss Madison s concept of double protection or double check and how this was applied to the constitutional framework developed Make a list of the different checks and balances across the three branches of government v James Madison the Father of the Constitution once famously stated If men were angles no government would be necessary But men are not angels and thus political powers must be separated and balanced Madison believed that federalism and the separation of powers would protect the citizens from governmental abuses of power by dividing power both within the branches of the national government and between the national government and the state governments by providing a Double securityDouble checkDouble protection v His idea set the American system apart from the rest of the world Independent but untied states retaining enough sovereignty to restrain the power of the national government but relinquishing enough power to provide for the common welfare and defense would prove a hallmark of modern democratic government This delicate balance developed the framework for the Constitution Powers of the Powers of the Legislature Executive Powers of the Iudicialy Checks on the em legISlatlon Review Make laws recommend Legislature leglslatlve acts leglslatlon Override executive veto with a 2 39 ma orltv Renew executlve Checks on the 3 J 39 conhrm executive appomtments Enforce laws acts Executive Senate issue Injunctlons reject foreign treaties Senate Checks on the Create or eliminate courts rant pardons Interpret laws J ud1c1ary Impeach nommate Judges 2 De ne the following terms reserved powers concurrent powers full faith in credit clause Dual Federalism Cooperative Federalism Coercive Federalism O Reservedhwers In comparative federalism and comparative constitutionalism reserved powers or residual powers are those powers which are not quotenumeratedquot written down assigned 10th Amendment QQHQHHQHLPQWQIS Concurrent powers are powers shared by both states and the federal government Examples Right to levy taxes Right to borrow money on credit Right to establish lower courts underneath the Supreme Court 3 F1111E21ithinlt119clitglansArticleIYS 9tiqn1 This addresses the duties that the states within the United States have to respect the quotpublic acts records and judicial proceedings of every other state in the unionquot 3 Dual d rali m Lay9rQak The national and state governments worked independently of each other with distinct powers functions and responsibilities that did not overlap The powers and responsibilities of each level of government are as separate and distinct as the layers of a cake Each Layer of a government possesses speci c powers and retains political sovereignty in these areas EggpexativeEcclemlismMarble lakel Instead of two sets of sovereign entities performing different functions the responsibilities of the two levels of government began to overlap The state and national governments cooperated to provide public services through shared powers and responsibilities Through grantsinaid the national government provided funding to state and local governments to support public programs designed to create jobs and stimulate the economy With the mixing of national and state responsibilities the arrangement came to resemble a marble cake instead of a layer cake Qr ativ lt29919iv Eccleralism Coercive federalism involves a strong centralized national government that exercises strict control over its states through the use of mandates or orders often without providing the funding to carry out those requirements Newfedexalism The transfer of certain powers from the United States federal government back to the states 3 Explain the changes in the balance of power between the states and national government over time What accounts for these changes v The proper balance of power between the national and state governments has been a source of contention since the Founding In the early years of republic 3 The national government assumed 3 The state government and local responsibility for a communities assumed responsibilities for all 0 limited number of policy areas 0 Domestic policy issues I National defense I Poverty I Trade negotiation I Education I Regulation of currency I Health Care v The national government has gradually increased its power at the expense of the states The national government shares responsibility with the states for economic and domestic issues I Legislation on Education I Other Policy Issues I Health Care I Poverty I Welfare I Crime I Environmental issues I Energy v The national government has increases its authority in these areas by using both cooperation and coercion to guarantee state compliance In response states have challenged the growth in national power The Supreme Court plays a key role in shaping this balance of power 4 List the advantages and disadvantages of a federal system Strengths of a Federal System Provides national unity through collective force while preserving localized representative government and personal freedom Prevents tyranny through the decentralization of power and public administration Permits the laws to match the place in political culture institutions and processes Promotes and facilitates division of labor within government Encourages innovation and experimentation in policy development by drawing on the creative force of 50 states and thousands of communities Provides more opportunities for political participation has the potential to increase genuine democracy and can therefore increase interest accountability independence and self reliance in the political sphere Balances a wide array of interests limits the possibility of tyranny of the majority and gives voice to minority customs diversity and individuality Weaknesses of a Federal System Hinders universalistic policy development and leads to budgetary inefficiency Limits political power depends on state compliance and frustrates efficiency in policy responsiveness and implementation Leads to policy inconsistencies Possibly duplicates government programs and services and limits oversight and accountability Exacerbates the inequities in provision of benefits and quality service across states and local communities and leads to policy failure when states and local areas lack the policy capacity to cope with problems Overwhelms citizens with the frequency of elections the complexity of state and local governments and the bureaucracy of public service Leaves the door open for separatism secession local over national pride and pressure for greater selfgovernance Chapter 3 Civil Liberties What are civil liberties and what is meant by the statement that there are no absolutes Civil liberties are the personal rights and freedoms that the federal government cannot abridge either by law constitution or judicial interpretation Thus they place limitations on the power of government to restrain or dictate how individuals act There are no absolutes Everything is limited and you can not say and do whatever you want What is the due process clause and where would you nd it in the Constitution and how is this related to selective incorporation What is selective incorporation v The Due Process Clause is of the It is a term given to the principal that all citizens are protected under the rule of law and that the government has to ensure the fair application of the law It also includes restrictions on legal procedures and on legal substance Procedural due process requires that individuals be noti ed of charges against them provided a hearing in court and guaranteed an impartial adjudicator in the form of a judge or jury Substantive due process requires that individuals fundamental rights be protected through court proceedings v Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights v Instead of applying the Bill of Rights as a whole to the states as it might have done through the Privileges and Immunities Clause the Supreme Court has gradually applied selected elements of the rst ten amendments to the states through the Due Process Clause This process known as selective incorporation 3 List the key protections afforded to citizens in the 1 239 4th 5th 6th and 8th Amendments to the Constitution l YAmendmeIzt Elf dqmf 12 lh lieligien Assemlzlx 91261 mess i if ii Clause It is one of the most important rulings concerning religious establishm nt K Ky l KV K K K jquotr 39 m H K Canf t v n n K V K K K K K The Lemon Test Provides prongs for weighing the constitutionality of any government action that involves religion 0 Have a secular legislative purpose 0 Not have the primary effect of advancing or inhibiting religion 0 Not result in excessive government entanglement with religion The court ruled that the state could not subsidize the salaries of teachers who deliver secular educational content in religious schools because regulation of this policy involved an excessive entanglement with religion gt Free Exercise Clause s K 7 5 KA m H flu e chmi o The court protected the practice of animal sacrifice for religious purposes 0 Freedom of religion did not extend to the practice of polygamy o The court ruled that Sabbatarians those who recognize Saturday as a day of worship cannot be discriminated against in the workplace for the religious beliefs 0 The Sherbert Test 39 STAGE1Ih 999xtmy tasls I Does the person have a claim involving a sincere religious belief I Does government action pose a substantial burden on the person s ability to act on that belief 39 STAGEZIfxesth nthg gqyemmentmustpmyq I The government action furthers a compelling state interest I The government has taken action that is the least restrictive or burdensome to religion in promoting that state interest I 7 Charles Schenck a Socialist Party official was charged with conspiracy for distributing lea ets that urged military inductees to resist the draft I The Court ruled that these activities represented a clear and present danger to security and were not protected by the First Amendment gt Less protected D 15 Defamation refers to speech spoken or written that is untruthful and can be proved to have malicious intent that may be harmful to the subject A written statement of such nature can be punished as libel while an oral statement can be punished as slander D Obscene material whether in words music books magazines or films has always been considered outside the realm of constitutional protection vyxxf A o In which Chief Justice Warren Burger writing for the majority held that obscene material is not protected by the First Amendment Miller Test to determine whether speech can be banned as obscene Material can be banned if the average person would find that 1 It appeals to prurient interests those associated with sexual desire 2 It is patently offensive 3 The work as a whole lacks serious literacy artistic political or scientific value T Those word which in ict injury or tend to incite an immediate breach of the peace Fighting words do not convey ideas and are therefore not protected by the First Amendment gt Well protected I L quot 392 Perhaps the greatest expansion of freedom of political speech came when the Court decided that even threatening speech against the government is protected under the First Amendment as long as it is not intended to or likely to incite lawless action D D Spending money to support political candidates represents a form of speech that is protected by the First Amendment iN The Court struck down sections of the act that banned political advertising by corporations citing First Amendment protections This involves signs symbols wearing clothes that expresses a political message or actions that express the spoken word Flag burning During the 1960s Mary Beth Tinker an Iowa student protested the Vietnam War with several of her friends by wearing black armbands to school School officials suspended the students fearing that the action would provoke disturbances The Supreme Court ruled that the school had violated the students First Amendment freedom and that students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gates D 7 An attempt by the government to block publication of certain material before it is actually printed is known as prior restraint 393 Eligimendmmt Right 19 13941 Arms I Debate over gun control 0 T 4227 g z 475 925153955 A I Required federal background checks on those attempting to purchase rearms I Supreme Court debated on the constitutionality of gun control laws enacted at the state and local levels mainly on these two important cases gt District of Columbia v Heller 2008 gt McDonald v City of Chicago 2010 The court did stipulate that gun control measures to limit sales to criminals or those with mental illness could be subject to government regulation 4 AmendmenttQnreesqnqlzlesearch The 4th Amendment guarantees The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall be issued but upon probable cause supported by oath or af rmation and particularly describing the place to be searched and the persons or things to be seized I When are warrants not needed 0 unusual conduct and suspecting that weapon might be present 0 Citizens arrested under probable cause 0 Exigent circumstances or when there is an immediate threat to an individual s safety and security I EXCL USIONARY RULE I E expanded the government s ability to investigate citizens personal records perform secret searches of private property gather foreign intelligence information and conduct trap and trace searches 5 l Amendment Bretegtiym againstsel ilzqimingrimdeulzleieemrdn 51124 less ijzrepertm It also provides due process of law and guarantee the right to a jury trial for those accused of a certain degree of criminal activity I Double Jeopardy I Due Process I z The court ruled that persons held in custody must be advised of their rights before being questioned Miranda warningMiranda Rights 393 amendment ight19quItem The 6th Amendment guarantees a right to counsel In the past this meant that suspects could hire an attorney Since most of the accused are poor they often did not have counsel The criminally accused are guaranteed the right to a speedy trial a public trial a jury trial for signi cant offense an impartial jury composed of peers and counsel or legal defense Defendants have the right to notice to of the accusations brought against them and meet the witnesses that have been brought to testify against them in the court of law I t A 51 Gideon was a poor man accused of a crime and denied a lawyer The Court held that the due process of the 14th Amendment requires that persons brought to trial in state courts on felony charges are entitled to have a court a courtappointed lawyer if they cannot afford to pay for one on their own o A Prohibits jury pools from excluding AfricanAmericans I A Prohibits jury pools from excluding women I Congress required federal courts to provide attorneys for indigent suspects I In 1932 the Supreme Court ruled that free lawyers must be provided in death penalty cases sSfT AmelzdmentQmeland Protects the criminally accused from excessive bail excessive nes or cruel and unusual punishment Excessive bail shall not be required nor excessive nes imposed nor cruel and unusual punishments in icted 1 O 90 O 90 D 551 y r quot lt a 39 39 wm I Punishment that is degrading to human dignity I A severe punishment that is obviously in ected in wholly arbitrary fashion I A severe punishment that is clearly and totally rejected throughout society I A severe punishment that is patently unnecessary De ne the following terms as related to civil liberties establishment clause free exercise clause due process double jeopardy exclusionary rule and Miranda rights Establishlnent llause The portion of the First Amendment that prohibits the government from establishing a state religion or favoring one religion over another E19ltExercise 1aus The portion of the First Amendment that protects the rights of the citizens to follow or practice the religious belief of their choice Congress shall make no law prohibiting the free exercise thereof religion is designed to prevent the government from interfering with the practice of religion This freedom is not absolute D149 Progess Is a term given to the principal that all citizens are protected under the rule of law and that the government has to ensure the fair application of the law Double 1 99mm The Fifth Amendment protects those accused of a crime from being tried for the same crime twice Exelusienaryliule Exclusionary Rule is a judicially created remedy to deter police from violating the 4th and 5th amendment rights of suspects MirandaRightsMirandaWaming It is a right to silence warning given by police in the United States to criminal suspects in police custody or in a custodial interrogation before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings You have the right to remain silent Anything you say can and will be used against you in a court of law You have the right to an attorney present during questioning Ifyou cannot afford an attorney one will be appointed for you Do you understand these rights Chapter 4 Civil Rights Explain the difference between civil rights and civil liberties Civil rights are legal actions that the government takes to create equal conditions for all people 0 the Fourteenth Amendment to the US Constitution guarantees citizenship rights and equal protection under law Therefore all US citizens who qualify to vote have the right to do so and that right is enforceable by government intervention I Right to be free from employment discrimination based on race gender age or disability I Equal access to health care and social services Civil liberties refer to protections against government actions 0 First Amendment of the Bill of Rights guarantees citizens the right to practice whatever religion they please Government then cannot interfere in an individual39s freedom of worship I Individual choice of religion and worship I Freedom of speech I The right to privacy I The right to be free from unreasonable searches of your home I The right to a fair court trial I The right to marry I The right to vote 2 De ne the following terms related to restrictions on civil rights disenfranchised grandfather clause Jim Crow laws the doctrine of separate but equal that was established in Plessy v Ferguson and how this led to complete segregation in the South in the postreconstruction era Disenfranchised The removal of the rights and privileges inherent in an association with a group To deprive the rights of a free citizen especially the right to vote 3 Grandfather 9191189 A legal or constitutional mechanism passed by seven Southern states during reconstruction to deny suffrage to black Americans It meant that those who had enjoyed the right to vote prior to 1867 or their lineal descendants would be exempt from education property or taX requirements for voting As a result even if they met all the requirements they were not allowed to vote Voting Restriction JimCIiQWLQWS State and local laws in place between 1877 and the mid1960 s that mandated segregation in all public places It instituted legal segregation in schools transportation facilities restaurants and other public places Sonatina b1ltEq11a1 The doctrine established by Plessy v Ferguson allowed stark societal inequities between blacks and whites to continue to pervade American culture The 14th Amendment guaranteed equal protection to all citizens regardless of race Congress could only regulate state acts of discrimination This was violated for the Plessy V Ferguson case African Americans challenged these degrading restrictions bringing suit against theaters hotels and transit companies that enforced segregation and denied service to blacks Plessy v Ferguson 1896 Homer Plessy a Louisiana man who was oneeighth black and seveneighths white bought a firstclass ticket and took a seat in an allwhite section of a train Louisiana had segregated trains by law through the Separate Car Act of1890 Though Plessy was not noticeably of African descent he announced while seated in the white train car that he had an AfricanAmerican heritage Plessy was apprehended and when he refused to move to the colored car he was arrested and thrown in jail Plessy argued that he had been denied equal protection under the law The Supreme Court disagreed The majority found that the Louisiana law merely separated the two races but did not treat them unequally This case yielded the separate but equal doctrine that protected racially discriminatory policies well into the 20th century 3 What was the importance of Brown v Board of Education of Topeka Kansas 1954 v Five cases concerning segregation in public schools began to make their way through the legal system to the Supreme Court One of these cases were Brown v Board of Education of Topeka Kansas 3 It concerned a little girl who was forced to walk several miles each day across active railroad track to attend a school for African Americans despite the fact that she lived less than a mile from an allwhile elementary school v Brown presented the Court with the argument that no educational facility that segregated children based on race could possibly be equal The lawyers representing Brown introduced evidence from the Doll Study which showed that African American girls often preferred white dolls over black ones because they thought the black dolls looked bad This suggested that racial superiority was being socialized at a very young age and reinforced through the public educational system causing irreparable harm to African American children In light of these circumstances the Supreme Court ruled that in education separate is inherently unequal Through this single phrase the justices signi cantly challenged a precedent that had guided judicial decision making for nearly 7 0 years While this ruling did not eliminate segregation practices outside the realm of education it did serve as a critical step in the journey to full civil rights for African Americans 4 Why was the Civil Rights Legislation necessary Discuss the events leading up to the passage of this landmark legislation v The Civil Rights Act of 1964 is a landmark piece of civil rights legislation in the United States that outlawed discrimination based on race color religion or national origin The national government enforced these provisions by attaching federal funding to compliance any state agency that violated the act would lose federal funding Events 1 zac1ir1g11pt9 the Act 391 Rosa Park Rosa Park took a seat in the front of the colored section of a Montgomery city bus When the bus driver asked her to move she didn t and was arrested Bus Boycotts took place Southern Christian Leadership Conference SCLS lead marches and peaceful protests throughout the South The Student Nonviolent Coordinating Committee SNCC was founded by a racially diverse groups of college students dedicated to racial justice They stage dramatic sit ins Freedom Rides too place to challenge segregated facilities In the months that follow civil rights protestors in Birmingham were confronted by police with re hoses and dogs Televised coverage of this brutality drew widespread public awareness to the issue of racial inequality 1 President John F Kennedy He pushed for desegregation of public facilities and equal protection of the right to vote He pressured Congress to pass legislation to this effect but while the legislation was stalled in committee in November of 1963 President Kennedy was assassinated By June Congress passed and President Lyndon Johnson signed into law the Civil Rights Act of 1964 5 What is af rmative action Why were these policies enacted v Af rmative action refers to admission policies that provide equal access to education for those groups that have been historically excluded or underrepresented such as women and minorities 3 Ideas for af rmative action came as early as the Reconstruction Era 18651877 in which a former slave population lacked the skills and resources for sustainable living v Af rmative action policies were developed in order to correct decades of discrimination stemming from the Reconstruction Era by granting disadvantaged minorities opportunities v The civil rights guarantees came through the interpretation of the Equal Protection Clause of the 14th Amendment v The decisions came to be known as af rmative action in which mandatory as well as voluntary programs af rmed the civil rights of people of color Furthermore these programs protected people of color from the present effects stemming from past discrimination i I Iljihellvl mirthlimit e in He one I ll f in ernlnul Ni All All A a all nnan n n g n V n Inlvlvnenl II 39I39 III I I II 1 McCullough vs Maryland a Congress can create banking systems utilizing the necessary and proper clause and states cannot taX a federal entity due to supremacy clause 2 Dred Scott vs Stanford a This opinion declared that slaves were not citizens of the United States and could not sue in Federal courts b In addition this decision declared that the Missouri Compromise was unconstitutional and that Congress did not have the authority to prohibit slavery in the territories c The Dred Scott decision was overturned by the 13th and 14th Amendments to the Constitution 3 Roe v Wade a Brief Summary On January 22 1973 the US Supreme Court announced its decision in Roe v Wade a challenge to a Texas statute that made it a crime to perform an abortion unless a woman39s life was at stake The case had been filed by Jane Roe an unmarried woman who wanted to safely and legally end her pregnancy b In its ruling the court recognized for the first time that the constitutional right to privacy is broad enough to encompass a woman s decision whether or not to terminate her pregnancy Roe v Wade 1973 c Roe has come to be known as the case that legalized abortion nationwide 4 Barron vs Baltimore a The Supreme Court ruled that the Constitution39s Bill of Rights restricts only the powers of the federal government and not those of the state governments 5 Marbury v Madison a Confirms the legal principle of judicial review the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional in the new nation
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'