Lecture Notes: Government 2/1&2/3
Lecture Notes: Government 2/1&2/3 P SC 1113-030
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This 3 page Class Notes was uploaded by Elizabeth Ennis on Sunday February 7, 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 18 views. For similar materials see American Federal Government in Political Science at University of Oklahoma.
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Date Created: 02/07/16
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 nuetrality 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 nuetrality 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 i. Right to have weapons to PROTECT yourself 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 iii. How many times has the third amendment been an issue in american history? 1) Never been litigated, therefore it is one of the few that isn't applied to the states e. Fourth amendment i. Talks about one right in particular: right against unreasonable searches and siezures ii. Two schools of thoughts 1) Always need a warrant and probable cause 2) One says you just need probable cause iii. Hot pursuit, plain sight, exceptions f. Fifth amendment i. Can't be a witness against himself; the right to remain silent 1) One of the most difficult right to maintain 2) "must verbalize that you want to stay silent" ii. Due process clause 1) Life, liberty, and property 2) The government can kill you with due process? Death penalty? iii. Double jeporady clause iv. Government can't take your private property for public use without a reason 1) Ex. Part of lindsey street east of the university; have to take some private property in order to widen the street 2) Government can do this, but it has to be for the public good 3) Have to compensate you fairly g. Sixth amendment i. Speedy trial, impartial jury, challenge witnesses, nature and cause 1) Ex. Part of lindsey street east of the university; have to take some private property in order to widen the street 2) Government can do this, but it has to be for the public good 3) Have to compensate you fairly g. Sixth amendment i. Speedy trial, impartial jury, challenge witnesses, nature and cause of acusation, assitance of council 1) The right to an attorney in certain types of crimes; not until 1960s that the court said that in every case you can have an attorney if you want on-‐mostly there for people who can't afford an attorney by themselves a) Court appointed lawyers can be so overworked and can't pay full attention; equality questions h. Ninth amendment i. The bill of rights can't be used to deny other rights to people ii. There are other rights that might not be written down that are just as important as the ones that are written down 1) What are those rights? 2) Technology privacy rights, two legal adult males to marry each other, the right of a 17 year old rape victim to secure an abortion, the right of a terminally ill patient to end their life through a doctor. Are these rights? i. One of the biggest reasons rights change i. The constitution changing itself; the civil war ii. Freeing slaves, can't deny the right to vote based on race, iii. States can't deny privilages and immunities, due process, and rights 1) Court doesn't really know what privilages and immunities are either, very vague 2) They are at the very least what the bill of rights are, so let's apply them to the states 3) Start to apply to states until the 1960s to twentieth century 2. BIG PICTURE: APPLYING BILL OF RIGHTS TO THE STATES LIKE IT WAS ORIGINALLY MEANT TO APPLY TO THE NATIONAL GOVERNMENT
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