New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Week 7 of notes.

by: Kelly Jo Kiess

Week 7 of notes. 1100

Kelly Jo Kiess
View Full Document for 0 Karma

View Full Document

Dr. Foster

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Get these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Unlock These Notes for FREE

Enter your email below and we will instantly email you these Notes for THE AMERICAN POLITICAL SYSTEM

(Limited time offer)

Unlock Notes

Already have a StudySoup account? Login here

Unlock FREE Class Notes

Enter your email below to receive THE AMERICAN POLITICAL SYSTEM notes

Everyone needs better class notes. Enter your email and we will send you notes for this class for free.

Unlock FREE notes

About this Document

These are the notes from week 7.
Dr. Foster
Class Notes





Popular in Political Science

This 4 page Class Notes was uploaded by Kelly Jo Kiess on Wednesday February 24, 2016. The Class Notes belongs to 1100 at University of Colorado Colorado Springs taught by Dr. Foster in Winter 2016. Since its upload, it has received 12 views. For similar materials see THE AMERICAN POLITICAL SYSTEM in Political Science at University of Colorado Colorado Springs.


Reviews for Week 7 of notes.


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 02/24/16
Day 7 notes 3116 Civil Liberties Areas of personal freedom constitutionally protected from government power Associated with the due process clause of the 14th amendment 0 Selective incorporation is case by case clause by clause an application of the bill of rights to the states via the due process clause Religious freedom restoration act stuck down because it violated separation of powers Freedom of speech political speech protected all types of speech expanded in protection Brandenburg V Ohio defining limits of freedom of speech my freedom of speech is protected until I insight you to eminent lawless action Slander words that are intentionally false intended to destroy a person s reputation third person has to be involved has to hear the slander Libel published false statement that is intended to damage one s reputation written defamation Commercial speech is a US legal term relating to speech done on behalf of a company or individual for the intent of making a profit It is economic in nature and usually has the intent of convincing the audience to partake in a particular action often purchasing a specific product Freedom of the press The right guaranteed by the First Amendment to the US Constitution to gather publish and distribute information and ideas without government restriction this right encompasses freedom from prior restraints on publication and freedom from Censorship No prior restraint the rule against prior restraint prohibits government from banning expression of ideas prior to their publication The rule against prior restraint is based on the principle that Freedom of the Press is essential to a free society Attempts by government to obtain a prior restraint have largely been unsuccessful Shield law don t have to reveal sources or where the info came from state law only Amendment 11 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 infringedquot HELLER V DC 2008 state violated rights but was decided DC isn t a state MACDONALD V CHICAGO 2010 Rights of the accused 1 Right to an attorney at trial Gideon v Wainwright 2 Double jeopardy a sovereignty sensitive can be tried at state and federal levels gt separate courts Could be tried in state court and found not guilty and then tried in Federal court and found guilty Day 7 notes 3116 3 SelfIncrimination you have the right to remain silent 4 Exclusionary rule is a legal principle in the United States under constitutional law which holds that evidence collected or analyzed in violation of the defendant39s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law a 2 exceptions i Good faith police think they are in good faith even if not ii Inevitable discovery yes unreasonable search but the police would have found it anyway I case by case decision 5 Cruel and unusual punishment a Is the death penalty cruel b Cannot execute someone who committed a crime while a minor Furman v Georgia was being used in a capricious manner 1970 s Right to Privacy 4th Amendment 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 the persons or things to be seized 9th Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people 1 Rights in the bedroom a Sexual relations between consenting adults Griswold v Connecticut 1965 CT had a law against using contraception but not had been enforced in decades conference was held and a table was set up distributing literature about contraception which was encouraging people to break the law People who were running the table were brought up on charges and Lawrence v Texas 2003 Reversed earlier court decision Georgia 2 Abortion a Roe v Wade 19721973 i Court ruled state cannot get involved in the first 3 months of a woman s pregnancy first trimester is protected 3 The right to die a PA suicide no national right to die supreme court has left it up to the state Gonzales v Oregon 2006 Day 7 notes 3116 Supreme Court upheld Oregon s right to die law which ruled that the United States Attomev General could not enforce the federal Controlled Substances Act against physicians who prescribed drugs in compliance with Oregon state law for the assisted suicide of the terminally ill Civil Rights Are a class of rights that protect individuals39 freedom from infringement by governments social organizations and private individuals and which ensure one39s ability to participate in the civil and political life of the society and state without discrimination or repression Equal protection Clause of Amendment XIV AfricanAmericans and the struggle for equality Post reconstruction Jim Crow Laws purpose is to keep the races separate Laws that prohibit blacks and whites marrying Black Codes in the United States the Black Codes were laws passed by Southern states in 1865 and 1866 after the Civil War These laws had the intent and the effect of restricting African Americans39 freedom and of compelling them to work in a labor economy based on low wages or debt The right to vote Literacy tests had to prove you could read and write Grandfather Clause if your grandfather had voted you don t have to take the literacy test Poll taxes simply a tax you pay to vote White Primary Intimidation Texas decided they were a club if you weren t in the club you couldn t vote 1896 Plessy v Ferguson Louisiana had a law saying Railroad cars will be separate Light skinned American went onto white only car was tried Supreme Court Separate but Equal law 1940 s separate but unequal Missouri wanted to pay blacks to go to another state Day 7 notes 3116 Texas wanted to build an African American Law School 1944 white primary was declared unconstitutional Smith V Allwright 1954 Brown V Board of Education Topeka KS Linda Brown tried to enroll at the closest elementary school was all white Supreme Court heard the case twice chief justice carl Vincent died new chief justice Warren wanted to make sure the decision was in favor of Linda Brown sociological eVidence saying African American children are disadvantaged by going to African American Schools only Good decision bad law strike down Plessy V Ferguson and Separate but Unequal


Buy Material

Are you sure you want to buy this material for

0 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Amaris Trozzo George Washington University

"I made $350 in just two days after posting my first study guide."

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.