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POLS 2311 one week class notes

by: Eunbee Choi

POLS 2311 one week class notes POLS 2311-2162

Eunbee Choi
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About this Document

2/24 and 2/26
US Government
Dr. Boyea
Class Notes




Popular in US Government

Popular in Political Science

This 5 page Class Notes was uploaded by Eunbee Choi on Monday February 22, 2016. The Class Notes belongs to POLS 2311-2162 at University of Texas at Arlington taught by Dr. Boyea in Winter 2016. Since its upload, it has received 44 views. For similar materials see US Government in Political Science at University of Texas at Arlington.


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Date Created: 02/22/16
2/24/2016 amendment 1: congress shall make no law - Respecting an establishment of religion Amendment 2: - A well regulated militia, being necessary to the security of a free state - The right of the people to keep and bear arms. Shall not be infringed - Nor in time of war, but in a manner to be prescribed by law. Amendment 4: - 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 - Protection from you not be from national government Amendment 5: - No person shall be held to answer for a capital crime unless on a(n) indictment of a grand jury o Accused of murder, there will be a moment where you go to grand jury where the grand jury asks you if there are further more evidences. - Nor shall any person be subject for the same offense to be twice put in jeopardy - 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 Amendment 6: - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury - To be confronted with the witnesses against him - And to have the assistance of counsel for his defense Amendment 7: - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by just shall be preserved. - Excessive bail shall be required - Nor excessive fines imposed - Nor cruel and unusual punishments inflicted Amendment 9: - The enumeration in the constitution. Of certain rights, shall not be construed to deny or disparage others retained by the people Amendment 10: - 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 - Antifederalist were concerned about the government Civil rights or civil liberty? - Civil rights are granted by the government o The right to vote o General notion is the government should treat citizens equally o Government can help you - Civil liberty is protections from the overreach of government o These protections exist out of fear of the national government Loss of rights - Throughout American history, groups have routinely lost their rights o To vote, to conduct a fair, to trial - A majority of public has to agree these actions - From pre revolution to present day - 3 examples: 1. Arab Americans- post September 11 a. many feared the loss of rights for Arab-Americans b. more perceived than real c. Bush administration did pursue citizens connected to terrorism d. Enemy combatant designation allowed prolonged detention 2. Japanese internment a. Pearl harbor in 1941, Japanese military attacks pearl harbor. b. US is in war with Germany, japan, and c. Due to military concerns d. First experiences curfews and then relocation e. Accepted by majority of the public due to fear f. Fear drives loss of rights 3. African Americans a. The most significant loss (or lack) of rights b. Pre revolution through civil war as slaves c. Post-Civil war trough civil rights era as second class citizens d. Focus of this topic African-Americans - Danger of tyranny by the majority - White majority from the south will prevent them from having full rights of citizenship - Removed from a lot of human rights - Whites feel superior to blacks The Constitution - First time race relations is discussed - Bad race relations - Economy was different in Norht and the South o North: uses machine, industrialization, manufacture o South: agrarian – cotton, tobacco; depend on the cultivation of the soil and may large plantation therefore slavery is needed for agriculture 2/26/2016 Civil rights 1. Slavery and the constitution 2. The Missouri compromise 3. The hostilities of the 1840’s/ party emergence 4. The compromise of 1850 5. Dred Scott v. Sanford 6. The constitutional convention o Sectional difference o Different economies o Manufacturing v. Agrarian o The 3/5 compromise South feels that slavery is a necessity and they’re unwilling to do away with it - 3/5 compromise - it will be dealt with supreme court but mostly on the battle field. - South want slaves to count as people (house of representatives is based on population) - But slaves have no rights in the south- they’re basically property - North feels that this is very hypocritical - Slaves in south > slaves in the North - 3/5 Compromise (necessary form of human interaction): slaves individually will count as 3/5 of a person. o Enhances southern representation o Compromise keeps the country together (not southern government v. northern government) - 1808 Provision: 20 years later this issue will have been subsided. o South will be guaranteed that the slavery will not be affected o Slavery can be imported for 20 additional years and after that no more slaves will be able to be imported o Slaves that have ran away from south to north will have to return home o Compromise  North- free trade (without tariff with England or other countries) o South will be able to continue with slavery for 20 years - Results of these things: The South will control the Senate o Power of the House will be enhanced. Missouri compromise (1820): creates a line that cuts the country in the middle- north and the south. Southern states will be slavery states and the northern states will be free states. - South: maintaining political order; south (slavery) has protection 1840’s- hostilities - Changing political market - Invasion of Mexico - North= abolitionism (remove slavery in the country) o Creation of 3 new parties that help drive the edge between the north and the south 1. Liberty party: Abolition (doesn’t care about foreign policy and tariffs, they just care about abolition) a. Unhappy with two major parties (Democratic and Whigs) 2. Free soil party: against slaves because slaves are free labor a. If you’re a worker, you can get replaced and your salary may be decreased because slaves are free labor (affected white labor) 3. Republican party (general party): response to slavery a. Slavery is hurting lots of things b. Concerned with foreign policy, tariffs, etc. c. Whigs and Democrats. d. Broader than free soil and liberty e. Strong opposition of slavery f. Emerge very quickly to control state politics. - Uncle Tom’s Cabin: Book by Harry Stowe; best fiction novel o Huge effect on society o Treatment of slaves in Kentucky o Describes slavery to South o Captivates Northern attention by showing the Northern How Southern show their slaves o Begins the Civil war. o South is becoming weaker and Northern feeling about the slavery is becoming stronger Compromise of 1850: - Compromise to maintain the country - 30 years after the Missouri compromise - Southern views move to the idea of secession - California will apply to US for admission o Free state - South becomes weak and they’ll lose their authority in the Senate - South refuses to allow California’s admission to the states. - North gets California o States may choose their status. - South gets Fugitive Slave Law: slaves that are going from South to North has to be returned. o South will lose influence in the Senate - War will start because of the split ideas in the South and the North Dred Scott v. Sanford - Case before US supreme court - High contentious decision - 5-4 majority - each judge (9) will submit their decision - court makes everything worse - Who is Dred Scott? Slave; o lives in St. Louis, MO- lives mostly in free states o free state but his status as a slave doesn’t change o Dred Scott after Emerson’s death will petition for freedom in the state of Missouri o Supreme Court sides against Dred Scott o He will be a slave because he is a property of Emerson’s wife. 1. Overrate the Missouri Compromise  States should have choice  Uses judicial review. 2. Scott is a property; he lacks citizenship  No access to the courts thus the case is dismissed  Strengthens abolitionist movement


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