PS 110- Honors: American National Government, Chapter 4 & 5 Book Notes
PS 110- Honors: American National Government, Chapter 4 & 5 Book Notes 23898 PS 110
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This 5 page Class Notes was uploaded by nikki_ziggy on Saturday February 13, 2016. The Class Notes belongs to 23898 PS 110 at Western Kentucky University taught by Dr. Edward M. Yager in Winter 2016. Since its upload, it has received 34 views. For similar materials see Honors: American National Government in Political Science at Western Kentucky University.
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Date Created: 02/13/16
Chapter 4: Civil Liberties & Public Policy Politics in Action: Free Speech on Campus Civil Liberties The legal constitutional protections against government. o Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning. Bill of Rights The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants’ rights. o Barron v. Baltimore The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities. o Gitlow v. New York The 1925 Supreme Court decision holding that the freedom of the press and the freedom of speech are “fundamental personal rights and liberties protected by the due process clause of the 14 Amendment from impairment by the states” as well as by the federal government. The Bill of Rights #1 : Freedom of Religion, Speech, Press, Assembly & Petition. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of Religion o Establishment clause Part of the 1 Amendment & states that “Congress shall make no law respecting an establishmentstf religion. o Free exercise clause Provision in the 1 Amendment that prohibits the government from interfering with the practice of religion. o Lemon v. Kurtzman The 1971 Supreme Court decision that established that aid to churchrelated schools must: 1. Have a secular legislative purpose. 2. Have a primary effect that neither advances nor inhibits religion. 3. Not foster excessive government “entanglement” with religion. o Zelman v. SimmonsHarris The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools. Freedom of Expression (Press & Speech) o Prior restraint A government preventing material from being published. This is a common method of limiting the press in some nations, and it is usually unconstitutional in the United States. Near v. Minnesota The 1931 Supreme Court decision holding that the 1 st Amendment protects newspapers from prior restraint. o Libel a type of expression NOT protected by the 1 Amendment. It involves the publication of false or malicious statements that damage someone’s reputation. o Symbolic speech Nonverbal communication. Examples include burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech to be protected under the 1 Amendment. o Commercial speech Laws restrict this form of communication far more extensively than expressions of opinion on religious, political, or other matters. Freedom of Assembly o Right to Assemble o Right to Associate #2: Right to Bear Arms. “A wellregulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” #3 : Quartering of Soldiers. “No Soldier shall, in times of peace be quartered in any house, without the consent of the owner, nor in times of war, but in a manner to be prescribed by law.” #4 : Searches & Seizures. “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 issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.” Probable cause The situation occurring when the police have reason to believe that a person should be arrested. o In making the arrest, the police are allowed legally to search for and seize incriminating evidence. Unreasonable search & seizure Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4 Amendment. o Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence. Search warrant A written authorization from a court specifying the area to be searched and what the police are searching for. Exclusionary role The rule that evidence can’t be introduced into a trial if it was not constitutionally obtained. o Also prohibits the use of evidence obtained through unreasonable search and seizure. #5 : Grand Juries, Double Jeopardy, Self-Incrimination, Due Process & Eminent Threat. “No person shall be held to answer to a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger: nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” SelfIncrimination The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. o An example of an accused choosing not to be a witness against himself or herself is when he or she says, “I plead the fifth.” o The 5 Amendment forbids involuntary selfincrimination. o Miranda v. Arizona The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against selfincrimination & to protect their right to counsel. #6 : Criminal Court Procedures. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” Plea bargaining A bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious (or additional) crime. o Critics of plea bargaining say that it permits many criminals to avoid the full punishment they deserve. #7 : Trial by Jury in Common-Law Cases. “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States.” #8 : Bails, Fines & Punishment. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Cruel and unusual punishment Court sentences prohibited by the 8 Amendment. #9 : Rights Retained by the People. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Right to privacy The right to a private personal life free from the intrusion of government. #10 : Rights Reserved to the States. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Chapter 5: Civil Rights & Public Policy Civil rights Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. The Constitution and Inequality 14 Amendment The amendment adopted after the Civil War that states “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; nor deny to any person within its jurisdiction the equal protection of the laws.” th o Equal protection of the laws Part of the 14 Amendment emphasizing that the laws must provide equivalent “protection” to all people. Scott v. Sandford The 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. 13 Amendment The constitutional amendment ratified after the Civil War that forbade slavery and involuntary servitude. Plessy v. Ferguson An 1896 Supreme Court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring “equal but separate accommodations for the white and colored races” was constitutional. Brown v. Board of Education The 1954 Supreme Court decision holding that school segregation was inherently unconstitutional because it violated the 14 Amendment’s guarantee of equal protection. o This case marked the end of legal segregation in the United States. Civil Rights Act of 1964 The law making racial discrimination in hotels, motels, and restaurants illegal and forbidding many forms of discrimination. Poll taxes Small taxes levied on the right to vote. o This method was used by most Southern states to exclude AfricanAmericans from voting. o Poll taxes were declared void by the 24 Amendment in 1964. White primary Primary elections from which AfricanAmericans were excluded, an exclusion that deprived AfricanAmericans of a voice in the real contests, mainly in the Democratic South. o Declared unconstitutional in 1944. th 24 Amendment Passed in 1964, declared poll taxes void in federal elections. Voting Rights Act of 1965 A law designed to help end formal and informal barriers to AfricanAmerican suffrage. o Under the law, hundreds of thousands of AfricanAmericans were registered & the number of AfricanAmericans elected increased dramatically. Hernandez v. Texas 1954 Supreme Court decision that extended protection against discrimination to Hispanics. Korematsu v. United States 1944 Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II. th 19 Amendment Amendment passed in 1920 guaranteeing women the right to vote. Equal Rights Amendment An amendment introduced in Congress in 1923 & passed by Congress in 1972. o Stated that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Reed v. Reed Landmark Supreme Court case in 1971 that upheld a claim for gender discrimination. Craig v. Boren 1976 Supreme Court decision that established the “medium scrutiny” standard for determining gender discrimination. Americans with Disabilities Act A law passed in 1990 that requires employers & public facilities to make “reasonable accommodations” for people with disabilities and prohibits discrimination against these individuals in employment. Affirmative action A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
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