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POLI 2051 Week 15 Notes

by: Ashley Bourgeois

POLI 2051 Week 15 Notes 2051

Ashley Bourgeois

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POLI 2051 Week 15 Notes CH 15-16 (Civil Rights + Liberties and Hardball)
American Government
C. Kenny
Class Notes
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This 8 page Class Notes was uploaded by Ashley Bourgeois on Saturday April 30, 2016. The Class Notes belongs to 2051 at Louisiana State University taught by C. Kenny in Spring 2016. Since its upload, it has received 8 views. For similar materials see American Government in Political Science at Louisiana State University.

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Date Created: 04/30/16
POLI Week 15 Notes 04/30/2016 ▯ . Civil Liberties vs. Civil Rights  Civil Liberties o Freedoms guaranteed to the individual. o They take form of negative restraints on gov’t o Usually asserted by the “haves” in society o Ex.  Freedom of speech  Freedom of press  Freedom of assembly  Freedom of religion  Etc.  Civil Rights o They declare what government must do or provide. ▯ ▯ ▯ II. Civil Liberties: The Bill of Rights in Context  The idea of a national or federal Bill of Rights had very little meaning initially o it was seen as limiting action of the national government, not the state governments.  And since authority over individual rights was exercised primarily by state governments, the Bill of Rights did not significantly affect the course of American politics for the first 125 years after it was adopted.  State power was not unlimited however.  Most state Constitutions contained their own guarantees of rights and liberties, and these  Constitutions were interpreted in state courts.  The result was that people had some protection against unwarranted governmental intrusions into individual liberty, but there was no uniformity in how these liberties were protected by different states.  If you felt your state was wrong, as Mr. Barron did, you could try to change things politically in your state by voting or other means, or you could move to another state with more congenial views.  The 14th Amendment (1868) seemed to change all this. o It was one of the civil war amendments designed to protect the rights of newly emancipated blacks. ▯ ▯ ▯ III. Three Constitutional Revolutions.  1. The Nationalization of the Bill of Rights: Gitlow v. New York (1925). o Through the ‘due process clause’ of the 14 amendment  The process was called ‘selective incorporation’ o The man was handing out pamphlets around 1919 called the “Left Wing Manifesto”  Supreme Court rules that there were some restrictions on freedom of speech – when there was imminent danger to the nation o How did the Bill of Rights come to be applied to actions of the state governments as well as actions of the national government?  Through the due process clause of the 14th Amendment by a process called selective incorporation.  It is a legal concept that has made possible national involvement in the protection of individual rights against state and local officials.  It has had the effect of equalizing the rights of the people regardless of residence.  2. The expansion of civil liberties o The Courts moved from a position that the government could impose reasonable limits on individual conduct to the position that limits on individual conduct were presumptively improper unless supported by some compelling justification.  For example,  (1) Freedom of speech  In two cases in the early part of the 20 th century, the Supreme Court moved from this “reasonableness” test to the “clear and present danger” test o Only speech that represented a clear and present danger to the public safety and welfare could be regulated  The Court has also held that speech includes other things besides the spoken word o Symbolic expression has been upheld by the Court, but is generally less protected than pure speech o Ex. Flag burning has been upheld as freedom of speech  Limitations on free speech o Fighting words are not protected, nor is obscenity  (2) Freedom of the press  1964 case of NY Times vs. Sullivan o Court held that the press could say just about anything about public officials unless they could shoe actual malice (knowingly printed false statements to harm the person). o This was later extended to public figures as well o This makes it difficult to sue for libel (printed or broadcast statements that are false and tarnish someone’s reputation)  (3) Rights of the accused  5 Amendment o Originally interpreted to mean that people were not required to testify against themselves in a criminal trial o Recognizing that police sometimes used coercion or torture to obtain a confession,  The Court ruled that suspects must be told their rights before they are taken into custody  AKA Miranda vs. Arizona  4 amendment o Illegally obtained evidence is not viable in Court  6 amendment o Right to a lawyer + speedy trial  Gideon vs. Wainwright  If you cannot avoid an attorney, one will be appointed to you  (4) Freedom of Religion  Est. of Religion  Know what the Lemon Test is  A 3 pronged test that est. conditions a law must meet to avoid “establishing” religion  Free Exercise clause of Religion  Gov’t cannot interfere w/ religious beliefs  Recent trends –  Burwell vs. Hobby Lobby  Kim Davis  Court said she didn’t have to issue marriage licensees to gay couples, but her office did  Right to privacy o Abortion o Roe vs. wade (1973) and others  Private sexual activity o Griswold vs. Connecticut (1965)  Right to die  Reversing this trend?  The Patriot Act “uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”  This act was passed in response to the events of 9/11  This law gives the gov’t greater powers of surveillance with fewer checks on its actions  USA Freedom Act passed on 6/2/15 replaced the Patriot Act o It was a modified version of the patriot act that put some new restrictions on the bulk collection of telecommunication data on US citizens  Exclusionary rule  Difference between ordinary and strict scrutiny  3. The development of civil rights o most claims to civil rights are based on the "equal protection" clause of the 14th amendment o mostly we think of African American’s struggle for civil rights  Eyes on the Prize video  KNOW IT WAS IN LITTLE ROCK, ARKANSAS AT CENTRAL HIGH SCHOOL  KNOW ALSO IT WAS AT OLE MISS IN JAMES MEREDITH’S CASE  States' rights loyalists and federal authorities collide in the 1957 battle to integrate Little Rock's Central High School,  and again in James Meredith's 1962 challenge to segregation at the University of Mississippi.  Both times, a Southern governor squares off with a U.S. president, violence erupts -- and integration is carried out.  Plessy v. Ferguson (1895)  "separate but equal" doctrine  Jim Crow laws followed the Plessy decision  Brown v. Board of Education (1954)  separate is inherently unequal  one of the most important Supreme Court decisions of the 20 century  Extensions of the Brown decision  Affirmative action o Page 506 of textbook  Civil rights for other groups o Women – protectionism – women should be sheltered from life’s cruelties. They had to deal with a legal system that claimed to be protecting them.  Abortion rights – roe v. wade  Begins on pages 478 and 514 o People with disabilities  American Disabilities Act o LBGQT – page 516 o Hispanics ▯ ▯ Intro  Wanted to give his secrets away b/c o This game is one played out in all different scenarios  Politics is who gets what when and how o There are rules on how to give the game of politics successfully ▯ ▯ Al Gore  Challenged in 200 democratic  Florida contest  Main challenger to gore was bill Bradley ▯ ▯ KNOW: Johnson treatment  During the Great Depression, Lyndon B. Johnson would stay at the Dodge Hotel, which had become a boarding place for many of the United States senators.  Johnson would accost any Congressman that he could using what is now known as retail politics o approaching a customer once a at a time.  Johnson failed miserably on T.V, but individually he was able to figure out the exact motives of others and use that to curry favor without seeming an annoyance.  One of the biggest things Johnson did was realize the importance of party cloakrooms, which had become places for congressman and senators to “hang out” in their off time.  Johnson quickly separated the sharks from the minnows, the leaders from the followers.  For example he realized that one very exclusive club (just Senators in very close work) in the Senate was led by Richard Russell.  He decided to approached him by becoming appointed to his committee.  He made sure to create a relationship beyond a professional level – inviting Russell to dinner, and staying as long as he did after work.  This type of treatment has become known as the Johnson Treatment. o Some describe this treatment as the ability to make your (the intended audience) concerns seem like the most important in the world. o Good politicians get to know a lot of politicians. ▯ ▯ KNOW: retail and wholesale politics  Retail o Face-to-face politics  Wholesale o By influencing the politics on TV and giving a speech ▯ ▯ ▯ HOW TO:  (1) One-on-one personal conversation and getting to know people personally o Making connections  (2) Local politics o people care about what is closest to them  (3) receive more than giving o it is necessary to gain power by asking people for a favor  loyalty will form b/c the person is continually coming back to you asking you for favors and then it goes back and forth  (4) Loyalty is everything o Especially loyalty to the ones who helped you get power  (5) Hug your friends tight, hug your enemies even tighter o Keep tabs on your enemies  (6) Don’t’ get even, get ahead o resist temptation to get back at someone o be patient and you will get your chance at justice o revenge or reven OTHER TRICKS  Sandbagging o Using people's good reputations against them. o A nasty trick you can pull is to make your opponent's reputation seem higher than it is so they are doomed for failure.  Lowbagging o Set low expectations, then surpass them.  1) Create your own commandments  make your own rules to play by. F  or example, say that you will not attack someone within your party.  This will make an attack towards you from someone in your party look bad.  2) Passing the buck  In this technique used by both Eisenhower and Reagan, one delegates the authority to do something so that he or she doesn’t have to take the fall in case of failure. ▯ ▯


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