Political Science Chapter 4 Notes
Political Science Chapter 4 Notes POLI 201 001
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POLI 201 001
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This 9 page Class Notes was uploaded by Sierra Crumbaugh on Tuesday February 9, 2016. The Class Notes belongs to POLI 201 001 at University of South Carolina taught by Darmofal in Spring 2016. Since its upload, it has received 73 views. For similar materials see American National Government in Political Science at University of South Carolina.
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Date Created: 02/09/16
Chapter 4 Thursday, February 4, 201610:09 AM Civil Liberties and Civil Rights are Not the Same Thursday, February 4, 2016 10:06 AM → Civil liberties are protections of citizens from improper governmental action -‐ what government must not do → Civil rights are the legal or moral claims that citizens are entitles to make on the government -‐ how government must treat you Basic Civil Liberties: The Bill of Rights Thursday, February 4, 2016 10:08 AM → Remember that to get the Constitution ratified, Federalists had pledged to amend the Constitution by adding a Bill of Rights → Adopted by late 1791, the ten amendments that now make up the Bill of Rights include both substantive and procedural restraints on governmental power Ninth Amendment: Bill of Rights Not Exhaustive Ninth Amendment: Bill of Rights Not Exhaustive Thursday, February 4, 2016 10:14 AM → "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." → This addressed the Federalist concern that a list of rights would suggest that the list was exhaustive and that there were no other liberties people enjoyed. Dual Citizenship Thursday, February 4, 2016 10:19 AM → The First Amendment says, "Congress shall make no law respecting an establishment of religion…" → This is the only amendment that addresses itself to Congress only → For instance, the Fifth Amendment says simply that "no person" shall be denied the due process of law Barron v. Baltimo(1833) → The city of Baltimore had been disposing of sand and gravel near a wharf owned by John Barron, rendering his wharf commercially useless. → Barron sued the city of Baltimore on the Fifth Amendment grounds that he had been deprived of property without compensation → The Supreme Court rules against Barron, stating that "the Fifth Amendment must be understood as restraining the power of been deprived of property without compensation → The Supreme Court rules against Barron, stating that "the Fifth Amendment must be understood as restraining the power of the General Government, not as applicable to the States. → The Court confirmed the idea of "dual citizenship"- that each American is a citizen of the federal government and, separately, a citizen of one of the states → Dual citizenship means that citizens have liberties that protect them against action by the federal government and a separate set of liberties that protect them against action by state governments. Fourteenth Amendment Thursday, February 4, 2016 10:33 AM The Fourteenth Amendment seems to apply the Bill of Rights to the states: → All persons born or naturalized in the United States… are citizens of the United States and of the State wherein they reside. → No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law. Selective Incorporation Thursday, February 4, 2016 10:37 AM → As early as 1873, the Court ruled that the 14th Amendment did NOT apply the Bill of Rights to the states → In 1897, the Court held that the just compensation clause of the 5th 10:37 AM → As early as 1873, the Court ruled that the 14th Amendment did NOT apply the Bill of Rights to the states → In 1897, the Court held that the just compensation clause of the 5th Amendment would apply to the states → This began a long, slow process of "selective incorporation" -‐ the application of the liberties in the Bill of Rights, one by one, to the states Still Selective: → Some parts of the Bill of Rights are still not incorporated into the 14th Amendment → The most recent incorporated right is the 2nd Amendment's right to bear arms → In McDonald v. Chicago (2010), the Court ruled that the right to defend oneself is "fundamental to the Nation's scheme of ordered liberty." The Bill of Rights Today: Freedom of Religion Thursday, February 4, 2016 10:43 AM → "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." → The first clause is the Establishment clause. This is sometimes referred to as the separation of church and state. → The second clause is the Free Exercise clause. This protects a citizen's right to believe and practice whatever religion he or she chooses. → The Lemon test and the Establishment Clause: Government can be involved with religion if… ○ It has a secular purpose believe and practice whatever religion he or she chooses. → The Lemon test and the Establishment Clause: Government can be involved with religion if… ○ It has a secular purpose ○ Its effect is neither to advance nor inhibit religion ○ It does not create excessive entanglement → Discussion: Does prayer time in a public school violate the Lemon test? The Bill of Rights Today: Freedom of Speech Thursday, February 4, 2016 10:55 AM → "Congress shall make no law… abridging the freedom of speech" → The Westboro Baptist Church (Topeka, Kansas) pickets the funerals of American soldiers killed in action with signs reading "Thank God for Dead Soldiers" because they believed these deaths are punishment from God for America's tolerance of sin. → Does the Constitution protect this speech? → Freedom of Speech is not absolute ○ Clear and present danger test -‐ does the speech present a "clear and present danger" to society? ○ Libel and slander are not protected → Morse v. Frederick (2007) -‐a student holds up a "Bong Hits 4 Jesus" sign as the Olympic torch goes by → The Court rules that this is not protected speech → In general, one's speech rights go only as far as not to infringe on someone else's rights the Olympic torch goes by → The Court rules that this is not protected speech → In general, one's speech rights go only as far as not to infringe on someone else's rights ○ Speech that directly incites damaging conduct is labeled "fighting words" and may be regulated ○ But what constitutes "fighting words" is not fully settled → Political speech is the most protected kind of speech Speech Plus Thursday, February 4, 2016 → Speech plus is speech accompanied by activities such as sit-‐ins, picketing, and demonstrations → Protection of this speech is conditional and is acceptable only is balanced by considerations of political order The Bill of Rights Today: Freedom of the Press Thursday, February 4, 2016 → The First Amendment also provides for freedom of the press. → The Court has ruled that this means, among other things, no prior restraint -‐ an effort by a government agency to block the publication of material it deems harmful or libelous The Bill of Rights Today: material it deems harmful or libelous The Bill of Rights Today: Search and Seizure Tuesday, February 9, 2016 10:17 AM → The 4th Amendment offers protection against unreasonable searches and seizures → Exclusionary Rule: Developed in the 1961 case Mapp v. Ohio, it is the ability of the courts to exclude evidence obtained in violation of the 4th Amendment The Bill of Rights Today: Rights of the Accused Tuesday, February 9, 2016 10:22 AM → Carious amendments and rulings guarantee the rights of the criminally accused → The 5th Amendment provides protection against self-‐incrimination and double jeopardy → Miranda Rights → The 6th Amendment provides for: ○ A speedy and public trial ○ An impartial jury ○ The right to confront one's accusers ○ The right to counsel → Gideon v. Wainwrigh( t 961) incorporates the right to counsel into the 14th Amendment → The 8th Amendment prohibits "excessive bail," "excessive fines," ○ The right to counsel → Gideon v. Wainwrigh( t 961) incorporates the right to counsel into the 14th Amendment → The 8th Amendment prohibits "excessive bail," "excessive fines," and "cruel and unusual punishment." → The ban on cruel and unusual punishment has served as a lightning rod for debate over the death penalty and, more recently, over torture The Bill of Rights Today: Right to Privacy Tuesday, February 9, 2016 10:36 AM → The right to privacy is not expressly states in the Bill of Rights ○ Connecticut has a statutes forbidding the use of contraceptives ○ In Griswold v. Connecticut (1965), the Court invalidates the law based on a "zone of privacy" in the 3rd, 4th, and 5th Amendments → Roe v. Wade (1973) cemented the right to privacy ○ Trimester ruling § In the 1st trimester there is a right to an abortion Civil Liberties, History, and Collective Action Tuesday, February 9, 2016 → As we have seen, the application of the Bill of Rights to specific cases yields rulings from the Court that and Collective Action Tuesday, February 9, 2016 → As we have seen, the application of the Bill of Rights to specific cases yields rulings from the Court that become fixed rules, at least for long periods of time. → This is a good example of the History Principle at work -‐how we got here matters → It is also a good example of the Collective Action Principle at work, as civil liberties are limitations on collective action The Right to Die Tuesday, February 9, 2016 10:45 AM → The right to die is a relatively unexplored area for the Court → In 2006, in Gonzalez v. Or, e Court upheld an Oregon law that allowed doctors to assist terminally ill patients seeking to end their lives → On what constitutional grounds can the Court's decision be supported?
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