Week 2 Lecture
Week 2 Lecture P SC 1113-030
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P SC 1113-030
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This 2 page Class Notes was uploaded by Elizabeth Ennis on Monday February 1, 2016. The Class Notes belongs to P SC 1113-030 at University of Oklahoma taught by Professor Justin Wert in Spring 2016. Since its upload, it has received 11 views. For similar materials see American Federal Government in Political Science at University of Oklahoma.
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Date Created: 02/01/16
Week 2: Mon-‐ Civil Liberties Wed -‐ Civil Rights Monday, February 1, 2016 12:24 PM 1. The Bill of Rights a. intro i. Amendment: change or addition to the constitution ii. Founders initially didn't think that a bill of rights was necessary iii. List of was only imagined to apply against the national government; idea is called incorporation iv. Ex. Law and order TV show, wouldn't even be possible until bill of rights applied to states the way they apply to the national government b. First Amendment i. Only made to apply to the states 1929 ii. Right against the establishment of religion 1) Prohibits national government from creating a national religion 2) Didn't come to supreme court until 1930-s40s; 3) then came into question if states could establish a religion a) Ex. Maryland: religion was catholicism iii. Free exercise of religion 1) Government can't prevent you from practicing your religion 2) What are the conditions when your faith would prevent a law from applying to you a) unemployment benefits, the "Bob Marley Religion", etc. b) Hobby lobby: providing insurance for employee's goes against their religion because it requires them to provide contraceptive c) Paodi: native american drug 3) Not a big deal until it is applied to the states government iv. Freedom of speech 1) What is considered free speech? a) Walk into a state court house yelling "Fuck the Draft", the states have the right to stop that, but if you walk in to a courthouse with a patch on your jacket that says "Fuck the Draft" it is considered free speech 2) How, when, and where you say it is how they regulate it, content nutrality a) Walk into a state court house yelling "Fuck the Draft", the states have the right to stop that, but if you walk in to a courthouse with a patch on your jacket that says "Fuck the Draft" it is considered free speech 2) How, when, and where you say it is how they regulate it, content nutrality 3) Non-‐verbal speech a) Burning the flag is a free speech act (Texas vs Johnson) b) Obscenity is not protected (pornography, video games) c) Burning your draft card is not free speech c. Second Amendment d. Third Amendment i. Still haven't had to apply this to the states ii. Never had a case where the government has forced citizens to quarter soldiers during times of war
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