POLS 1101 Chapter 4 Reading Summary
POLS 1101 Chapter 4 Reading Summary POLS 1101 08
Popular in American Government
Popular in Political Science & Int'l Aff. Department
This 5 page Class Notes was uploaded by nako.nako.nako on Sunday September 4, 2016. The Class Notes belongs to POLS 1101 08 at Kennesaw State University taught by April A Johnson in Fall 2016. Since its upload, it has received 3 views. For similar materials see American Government in Political Science & Int'l Aff. Department at Kennesaw State University.
Reviews for POLS 1101 Chapter 4 Reading Summary
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: 09/04/16
Civil Liberties Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of government to regulate. Civil liberties: gate, outside government’s authority to regulate Civil rights: gateway, rights that government is obliged to protect Bill of Rights First ten amendments to the Constitution, which provide basic political rights. natural or unalienable rights Rights that every individual has and that government cannot legitimately take away. Liberty and Order James Madison argued in Federalist 10: if a majority wishes to infringe on rights, it often falls to the judiciary, which is not designed to be responsive to public desires, to protect those rights writ of habeas corpus Right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal. ex post facto make an act a crime after the act is committed Bills of attainder legislative acts that declare individuals guilty of a crime. Incorporate Process of applying provisions of the Bill of Rights to the states. Barron v. Baltimore (1833) the Bill of Rights applied to the national government only. state governments could abridge freedom of speech, the press, and religion ex) During WWI, one citizen of Minnesota was convicted and sentenced to prison for stating that the war was a plot to protect Wall Street investments, another for stating that America needed to be made more democratic. ex) 1920, when a Montana farmer spoke ill of the American flag and refused to kiss it, he was sentenced to ten to twenty years of hard labor for violating a state law that prohibited bringing the flag into disrepute. Fourteenth Amendment (1868) “life, liberty, or property” due process of law, privileges or immunities of citizens of the United States total incorporation(supreme court never fully agreed) to overturn the Barron v. Baltimore decision and make the entire Bill of Rights applicable to the states. selective incorporation Doctrine used by the Supreme Court to make those provisions of the Bill of Rights that are fundamental rights binding on the states. First, Second, Fourth, Fifth, Sixth, and Eighth Amendments have been incorporated rd th th th exception: 3 (Quarter soldiers), 5 (grand jury indictment), 7 (Jury trials in civil suits over $20), 8 (excessive fines) compelling interest test Standard frequently used by the Supreme Court in civil liberties cases to determine whether a state has a compelling interest for infringing on a right (for example, the law is necessary for the functioning of government) and whether the law is narrowly drawn to meet that interest. 1789 French Revolution the US engaged in a limited and undeclared war with France over trade issues. under Federalist govJohn Adams), Passed Sedition Act When Thomas Jefferson and the DemocraticRepublicans took power following the election of 1800, they pardoned those convicted under the act, which had by then expired, and refunded the fines they had paid. Civil War President Abraham Lincoln (1861–65) military tribunals rather than by civilian courts Military tribunals contain fewer procedural safeguards for defendants than do criminal trials, with a twothirds vote rather than unanimity required for conviction, lesser standards of evidence, and no habeas corpus protections. Milligan, accused of aiding the Confederacy and was sentenced to hang by a military tribunal, the Supreme Court declared in 1866 (after the war and the threat of secession ended) that the government had no authority to deprive Milligan of his right to a trial by jury. McCardle. a former Confederate soldier who had been convicted of writing “incendiary and libelous articles” about the war, ProUnion Congress removed the Supreme Court’s appellate jurisdiction over habeas petitions. WWI Espionage Act of 1917 - antiwar activist Charles Schenck for circulating a flyer to draftees that compared the draft to the involuntary servitude prohibited by the Thirteenth Amendment - Socialist Party presidential candidate Eugene V. Debs for giving a speech criticizing the war - Jacob Abrams called for a strike to protest sending American troops into Russia. - marketplace of ideas Idea that the government should not restrict the expression of ideas because the people are capable of accepting good ideas and rejecting bad ones. After the war, Congress repealed the Sedition Act, and President Warren G. Harding (1921–23) pardoned Debs. Cold War The McCarthy era was similar to the Red Scare in its agitated suspicion that opposition to the government was Communistinspired. The government imprisoned hundreds of individuals for their political views, and thousands more lost their jobs. Murrow’s a special show on McCarthy using McCarthy’s own speeches to demonstrate the extent to which he had been dishonest in his charges, and it allowed the marketplace of ideas to flourish and led to McCarthy’s downfall. Vietnam War a Senate investigation by Frank Church into the legality of COINTELPRO revealed that the FBI’s activities had included illegal wiretapping, inciting violence, and encouraging Internal Revenue Service audits of suspects. 9/11 USA PATRIOT Act allowed greater sharing of intelligence information and enhancement of law enforcement’s ability to tap telephone and email communications. President George W. Bush (2001–2009) claimed the right to detain alleged enemy combatants indefinitely, whether U.S. citizens or foreign nationals. Jose Padilla an American allegedly involved in a plan to detonate a radioactive bomb in the United States, an “enemy combatant” and transferred him from civilian to military authority, where he would have few, if any, procedural rights. Justice Department removed Padilla from military custody and charged him under federal criminal law with providing material support to terrorist organizations. Freedom of Speech clear and present danger test First Amendment test that requires the state to prove that there is a high likelihood that the speech in question would lead to a danger that Congress has a right to prevent. “Fighting words” are phrases that might lead the individual to whom they are directed to respond with a punch. Hate speech: attacks or demeans a group rather than a particular individual symbolic speech Actions, such as burning the flag, that convey a political message without spoken words. contentneutral Free speech doctrine that allows certain types of regulation of speech, as long as the restriction does not favor one side or another of a controversy. Freedom of Press prior restraint Government restrictions on freedom of the press that prevent material from being published. - New York Times v. United States (1971) Even when the New York Times began publishing excerpts from a topsecret Pentagon analysis of U.S. involvement in the Vietnam War, the courts refused to stop the presses. - Edward Snowden leaked info, but government did not attempt to prevent the news media from publishing it - Julian Assange’s Wikileaks Penalties for libel and for publishing obscenity, incitement to acts of violence, and secret military information. For private figures to sue for libel, the material must be false and damaging, and there must be some degree of negligence, but the actual malice test does not apply. Miller test Supreme Court test for determining whether material is obscene. - (1) to the average person, applying contemporary community standards as established by the relevant state, the work, taken as a whole (not just isolated passages), appeals to the prurient (sexual) interest - (2) the work depicts in an offensive way sexual conduct specifically defined by the state law - (3) the work lacks serious literary, artistic, political, or scientific value. Right of association If a group discriminates for no apparent purpose, however, state laws can limit the right of association. Minnesota has the right to prevent the Jaycees from discriminating against women because the presence of women does not violate any of the expressive interests of the Jaycees. Free Exercise of Religion Anglican Church was established as the official religion in England Williams established a colony in what would become Rhode Island that was the first to grant religious “liberty of conscience Maryland’s Toleration Act (1649) guaranteed freedom of worship to all Christians, including Catholics free exercise clause First Amendment clause protecting the free exercise of religion. valid secular (nonreligious) purpose Supreme Court test that allows states to ban activities that infringe on religious practices as long as the state has a nonreligious rationale for prohibiting the behavior. conducting a military draft, polygamy use of the hallucinogenic drug peyote in religious rituals The Establishment of Religion establishment clause First Amendment clause prohibiting governmental establishment of religion. James Madison fought tax assessments used to support Christian religious teachers Separationists (liberal) Thomas Jefferson “wall of separation” Disestablishment Bill in 1786 Accommodationists (conservative) believe that as long as the state does not favor one religion over another, it can generally pass laws that support religion. Lemon test Test for determining whether aid to religion violates the establishment clause. - Under this test, a challenged law must be shown to have a secular (nonreligious) legislative purpose and a primary effect that neither advances nor inhibits religion. - ruled that “intelligent design”—a view that claims that the world is too complex to have resulted from evolution and that there must have been a purposeful designer of the universe (that is, God) The Right to Keep and Bear Arms “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.” (At the time of the amendment’s passage) militia = all free, ablebodied adult males 1934 National Firearms Act did the federal government attempt to regulate gun ownership McDonald v. Chicago states could not ban private possession of guns for selfdefense. prohibiting the private possession of firearms by the District of Columbia, which is a “federal enclave” Searches and Seizures expectation of privacy Supreme Court test for whether Fourth Amendment protections apply. if the police see illegal goods in plain view, they may seize them without a warrant. - This right now permits the police to conduct strip searches of arrestees entering the general population of a jail, even for the most minor violations, such as driving without a seat belt. there is no expectation of privacy, such as discarded garbage, someone else’s home, a hotel room once one has checked out, or an international border. police may require Breathalyzer tests of people suspected of drunk driving, but blood tests require a warrant. Searches of homes almost always require a warrant (and thus probable cause). exclusionary rule Supreme Court rule declaring that evidence found in violation of the Fourth Amendment cannot be used at trial. - Mapp v. Ohio (1961) - good faith exception allows evidence to be used if the police obtain a warrant but the warrant is later found to lack probable cause. - “inevitable discovery” exception allows illegally obtained evidence to be used if the court finds that the evidence would have been discovered even without the illegal search. Interrogations Miranda v. Arizona 1. they have the right to remain silent, 2. anything they say may be used against them, and 3. they have the right to an attorney, free if they cannot afford one. Trial Procedures Fifth Amendment requires indictment by a grand jury, which indicts by majority vote. The Sixth Amendment’s right to counsel originally meant that defendants could have an attorney represent them if they could afford one. Powell v. Alabama (1932) - undoubtedly false allegations of rape filed against several black youths Gideon v. Wainwright The Sixth Amendment also guarantees the right to a trial by an impartial jury. the Court now allows juries as small as six people, and twelveperson juries need not decide unanimously. Double Jeopardy prevents the person from being tried again for the same offense. if the jury cannot reach a verdict, the government can retry the defendant. if the defendant is found guilty at trial, but the conviction is overturned on appeal, the defendant may be tried again. The Supreme Court does allow a defendant to be tried separately for the same offense by the state government and the federal government Sentencing Eighth Amendment’s prohibition on cruel and unusual punishment. On the death penalty, however, the Supreme Court ruled in 1972 that the complete discretion given to juries as to which people are convicted of capital crimes was so arbitrary as to constitute cruel and unusual punishment. Appeals Convicted criminals do not have a right to appeal a trial court conviction unless a federal constitutional right has been violated. Birth Control and Abortion Comstock Laws a law prohibiting the transportation in interstate commerce of both pornography and birth control. Griswold v. Connecticut - Griswold, executive director of the Planned Parenthood League of Connecticut, opened a birth control clinic in order to get arrested or fined so that she could challenge the constitutionality of the law. - right to privacy Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy and reproductive rights, plus the right to end lifesustaining medical treatment. ten states passed laws allowing abortion if there was a “substantial risk” that the child would be born with a “grave physical or mental defect” or that continuing the pregnancy would “gravely impair the physical or mental health of the mother” and in cases of rape or incest. Roe v. Wade 1973 Supreme Court case extending the right to privacy to abortion. - regulating abortion during the second trimester to protect the health of the woman seeking the procedure. - preventing abortion in the third trimester, when the fetus could live on its own According to the Court, spousal notification constitutes an undue burden, but requiring doctors to provide the woman with information about the risks of abortion and a twentyfourhour waiting period does not. Parental consent for minors is not an undue burden as long as the minor has an option of seeking a judge’s approval if she cannot obtain a parent’s consent. Homosexual Behavior As of 1961, every state had laws prohibiting sodomy, and these laws were broad enough to cover virtually all sexual conduct between people of the same sex. Lawrence v. Texas 2003 Supreme Court case extending the right to privacy to homosexual behavior. - “the liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives” The Right to Die a constitutional right to terminate lifesustaining care, such as artificial feeding or insertion of breathing tubes. This right does not, however, include the right to assisted suicide, when physicians or family members provide ill people with pills or other means of ending life. Student Housing The Supreme Court rejected the use of the right to privacy to strike down laws that ban more than two unrelated unmarried people from living together in the same house or apartment. Political tolerance Willingness of people to put up with ideas with which they disagree.
Are you sure you want to buy this material for
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'