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

Poli 201 Week 4 Civil liberty notes

by: Andrew Griffin

Poli 201 Week 4 Civil liberty notes POLI 201 004

Marketplace > University of South Carolina > Political Science > POLI 201 004 > Poli 201 Week 4 Civil liberty notes
Andrew Griffin
View Full Document for 0 Karma

View Full Document


Unlock These Notes for FREE

Enter your email below and we will instantly email you these Notes for American National Government

(Limited time offer)

Unlock Notes

Already have a StudySoup account? Login here

Unlock FREE Class Notes

Enter your email below to receive American National Government 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

Just the notes from this past week!
American National Government
Robert Oldendick
Class Notes
american, National, Government




Popular in American National Government

Popular in Political Science

This 10 page Class Notes was uploaded by Andrew Griffin on Sunday September 11, 2016. The Class Notes belongs to POLI 201 004 at University of South Carolina taught by Robert Oldendick in Fall 2016. Since its upload, it has received 69 views. For similar materials see American National Government in Political Science at University of South Carolina.


Reviews for Poli 201 Week 4 Civil liberty 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: 09/11/16
Thursday, September 8, 2016 Poli 201- Week 4 Supremacy Clause - states that any conflict between the national government and a state will be resolved in favor of the national government - Article VI, Clause 2 of the constitution that establishes legitimate power - this basically means that the national government has more power than state government Gibbons v. Ogden - the constitutional question that was considered in this case was on the interpretation of Article I, section 8, clause 3 or the constitution which states that congress has the power to regulate commerce w foreign nations, several states and indian tribes. The questions that were raised from this were: what did commerce entail? Did the national government have the power to intervene with intrastate (trade inside of a state) commerce or only interstate (trade between states) commerce? Was the power to regulate commerce a concurrent power (meaning powers shared mutually between state and national governments)? - the outcome of this case was Marshall’s Decision: Marshall applied a fairly broad definition to what the national government has the power to do that includes all commercial intercourse and all business dealings - in other words, the national government has the power to regulate commerce without limitations and it isn't a concurrent power State Rights and the resort to Civil War - up until the civil war the north and the south because sharply divided over slavery - in December 1860 South Carolina repealed the ratification of the constitution and withdrew from the union. In February 1861, six more southern states withdrew from the Union and formed the Confederate State of America 1 Thursday, September 8, 2016 War and the Growth of the National Government - the civil war resolved any issue of whether or not a state could successfully succeed from the United States, and this fact is what led to more power given to the National Government - some examples of how this happened would be while the civil war was happening, the national government had to hire tons of new government employees to preserve this “indestructible union of indestructible states” Era Federalism I. Duel Federalism (1870-1937): this is the period of time where the relationship between the states and the national government was most like the relationship outlined in the constitution. The national government has the power over interstate commerce and the states have power over intrastate commerce and a doctrine emphasized the differences between federal and state spheres of government authority. II. Cooperative Federalism (1937-1969): this period of time was caused by FDR’s new deal policed that led to an era of more national powers so that the government could address the vast problems caused by the Great Depression III. New Federalism (1969- Present): this period of time was started in attempt to devolve the authority that was given to the national government in the New Deal, back to the states. An example of a power retained by the States were the authority to waiver government programs. This era is most similar to Cooperative Fed. Horizontal Federalism - the relationship between the states and themselves - due to Article IV of the constitution, states must: 1. give full faith and credit to every other states public acts, records, and judicial proceedings 2. shall extend ever other states citizens the privileges and immunities of its own citizens 3. agree to render persons who are fleeing from justice in a state will be returned to such abandoned state 2 Thursday, September 8, 2016 End Chapter 3- Begin Chapter 4: Civil Liberties Civil Liberties - the personal freedoms that are protected for all individuals.They usually involves restraining the governments actions again individual Question: • The view that most of the liberties guaranteed by the bill of rights are protected from the State Government is knows as _____? Answer: Incorporation Theory Bill of Rights - these are broad guidelines to protect civil liberties from government interference and originally the bill of rights only pertained to national government interference - this changed in 1868 when the 14th Amendment was passed and said no state can make or enforce any law that shall deny the privileges of immunities of a U.S citizen. This is also know as the equal protection of the law clause Question: • Which case involved the issue of prayer in public school? Answer: Engel v. Vitale (1962) - The case: • this case began when NY state board members suggested that prayer be spoken aloud in public schools every morning • this led to parents to sued because of the establishment clause (said that the government can’t have ties with religion) and when they lost at the state trial they appealed to the SCOTUS 3 Thursday, September 8, 2016 - the SCOTUS overruled the decision and said that “it is not part of the business of the government to compose official prayers for any groups of the American people to recite” - this ultimately opened the door for many more religious cases to evolve Lemon v. Kurtzman (1971) - this case was all started over the funds that are given to private schools and what they can be used towards. Ultimately, this settled two things. 1: this was that it made clear that funds given to private schools, religious or not, can only be used towards textbooks, transportation, and food. 2: it developed the “3 Part Lemon Test” - This test was used to determine that direct state aide wasn't going to be used to provide religious instruction: 1. it has to be secular in aim 2. it cannot be used to advance or inhibit religion 3. it must not entangle government with excessive religion The “Free Exercise Clause” - this states that a person can hold any religious belief that he or she wants - this clause though has the limitations that no matter what your religious beliefs are the national government has the right to require vaccinations and that you can’t do anything illegal (like smoke pot) because of ur religion. In other words, a religion cannot make anything legal that would otherwise be illegal Freedom of Speech- Restrictions - when a persons remarks present a grave and likely danger to the public - when something contains obscenity * this is hard to enforce because its sort of an optional thing - when its slander (false, defamatory statements about some one) - when its hate speech (abusive speech that attacks a persons race, gender or sexual orientation) 4 Thursday, September 8, 2016 Freedom of the Press- Restrictions - when its Libel (a written defamation of a persons character, reputations, business or property rights) - when there is a gag order (a order that states that the press cant provide publicity about certain cases to protect defendants and rights to a fair trial) Freedom of Assembly - this is not an unlimited right like many of the other right, meaning that the supreme court has ruled the for this freedom to be granted one must obtain permits and this is so that public safety and traffic can be controlled and mainly to prevent rioting Right to Privacy - this right is not directly stated in the constitution but has been established by recent Supreme Court cases. Many controversial issues are likely to arise due to this right, i.e- abortion, assisted suicide (patient/physician), etc. U.S.A Patriot Act - Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept & Obstruct Terrorist - this was an act that was established so that the National Government could intercept possible terrorist threats. This was possible because the at allowed for the government to set up wiretaps, surveillance of internet activity, telephone calls and it was this act that was used to justify the government collecting metadata (your location services, text messages, and phone calls)e from every cellphone in the U.S. - many people believe that the patriot act was necessary and the majority thinks its should cover more things, but the bulk of the collection of telephone records were ended in the US Freedom Act in June 2013 - a turning point which made many citizens have a change of heart was 9/11, after which people were more likely to give up their freedoms and civil liberties in return for the governments protection 5 Thursday, September 8, 2016 Balance between national security and information privacy • Question: The case in which the supreme court encased the rights of a person remains silent until the presence of an attorney? Answer: Miranda v. Arizona - The case: • the year was 1963 and Ernesto Miranda had been arrested on the account of kidnapping and rape. While being questioned by the police in an Arizona police station he gave a confession which would make him guilty. • In court thought the police confessed they had never told him he had the right to an attorney before saying anything to the police and once word got to the supreme court they overturned his conviction because the police violated his civil liberties of a person accused of a crime • therefore to enforce this right, the Miranda Rights were established in 1966 Question In the case of Gideon v. Wainwright, the U.S supreme court decided that_____? answer: persons accused of a crime who cannot afford a lawyer must be provided one by the state. - The Case: • Gideon had been arrested on the charge of breaking into a vending machine and stealing money. When he was in trial he explained to the judge he couldn't afford an attorney and asked for the judge to provide one, which the judge happily denied. Gideon defending himself and was found guilty • Gideon then appealed to the supreme court who said that the judge “tried poor man for a felony without a lawyer violated his 14th amendment to due process” He was then tried again with a provided lawyer and found non guilty Question • In the case of Mapp v. Ohio the U.S Supreme court ruled____? Answer: that the exclusionary rule be extended to the states 6 Thursday, September 8, 2016 Exclusionary Rule: the forbiddance of evidence obtained illegally in a trial - The Case: Mapp v. Ohio • Cleveland police officers received a tip that Dollree Mapp was hiding a suspect wanted for questioning about a bombing. When they asked to enter Mapps house and were denied twice they finally just barged in. What they found wasn't the suspect but was illegal materials and she was arrested. • the supreme court reviewed the case when Mapp appealed saying that the police officers violated her rights to privacy and therefore the evidence obtained was illegal and couldn't be used in the trial Civil Rights - Definition: • refers to the rights of all americans to equal protection under the law which is provided by the 14th amendment and the decisions of congress - in other words, its what the government must do to ensure protection and freedom from discrimination Dred Scott v. Sandford (1857) - The case: Dred Scott was suing to obtain his freedom over the basis that he had lived in the • free state of Illinois for previous periods of time • the supreme court responded by ruling that slaves were not citizens and were not entitled to any rights because they weren't citizens • it is this case that led many historians to agree on the fact that the civil war inevitable • *side note: the civil war was more than just about slavery but rather a war of the superiority of the nation v the superiority of the states* Civil War Amendments - 13th Amendment: 7 Thursday, September 8, 2016 • outlawed slavery - 14th Amendment: • this extended the basis of the civil rights to the states through the equal protection of the law clause - 15th Amendment: • the right to vote shall not be denied on the account of race, color, or any previous state of servitude Civil Rights Act of 1866 - this was caused by the Civil Rights Amendments - this extended citizenship to anyone born in the U.S, meaning african americans now had full citizenship and quality before the law and also gave the national government the power to intervene when the stated attempted to restrict these rights Poesy v. Ferguson (1896) - Homer Plessy, who was 1/8th African American, was in a whites only cart and was asked to move to the non whites cart by the conductor. - this led Homer to sue the railroad line saying it violated his 14th amendment right of equality and instead of the court ruling in his favor, this led to the “separate but equal” claim by the Supreme Court - in there words, this event led to Racial Discrimination which led to the: • Jim Crow Laws: mandated that separate public facilities for whites and non whites. White facilities were always nicer that nonwhite facilities Voting Barriers for African Americans - just because African Americans had the right to vote didn't mean the South would find a way to retaliate 1. White Primaries: political parties were private and therefore the made them whites only, excluding african americans. After 1877 Democrats ruled the southern politics and almost in all cases the democratic nominee would win the general election and 8 Thursday, September 8, 2016 since african americans were excluded from choosing the nominee they never had a voice in who won the general election 2. Grandfather clause: this clause said that you could vote if you could provide proof that your grandfather had voted before. this helped exclude African americans because this was a hard thing to do since many of their grandparents had been slaves 3. Poll Tax: required a tax when you went to vote and since African americans were not very wealthy this helped exclude them from being able to vote 4. Literacy Test: potential voters were required to read, recite, and interpret sometimes very difficult literature and since the local register had to was the one administering the test african americans who were poorly educated were likely not to pass Shift in Society- Brown v. Board of Education (1954) - The Case: • Oliver Brown decided that it was not okay that his daughter had to travel 21 blocks away to go to a non whites school when there was an only white school 7 blocks away so he sued the school board • the supreme court responded to this case agreeing with Brown that it wasn't logical for his daughter to have to travel that far and ultimately they said that it was unconstitutional to keep schools segregated and that it should end with “ deliberate speed” • they also said that separate but equal is inherently unequal because anything that is separate is going to naturally unequal no matter what • overall it was this case that the supreme court decided that what was going on in america was wrong and this was a stepping stone to fix the wrong. They also knew that this would change everything, not just in public schools, but in society • in the end there had been some improvements to the civil rights of african americans but they still lacked full equality 9 Thursday, September 8, 2016 Types of Segregation 1. De Jure Segregation (before Brown case) : this is the segregation that occurs because of laws in place by a governing body 2. De Facto Segregation (after Brown case) : this is the segregation that occurs because of a past social and economic conditions and residential patterns Reaction to Integrating schools - Court ordered busing- required busing white and nonwhite children to other schools to enforce integration but this was very unpopular among both parties - minority segregated schools began to reemerge due to demographic changes mouth ethnicities • meaning that whites would move to areas where there was no nonwhites leaving large communities of both races in different regions 10


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

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."

Anthony Lee UC Santa Barbara

"I bought an awesome study guide, which helped me get an A in my Math 34B class this quarter!"

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."

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

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.