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American Government Notes Week 5

by: Chapman Lindgren

American Government Notes Week 5 POLS 1101

Marketplace > University of Georgia > History > POLS 1101 > American Government Notes Week 5
Chapman Lindgren

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About this Document

These notes cover the chapter on civil rights. This includes incorporation, the rights of criminal defendants, the right to privacy, gun control, the protection of rights and liberties, constitutio...
American Government
James E. Monogan, Anneliese S. Hermann
Class Notes
Government, political science, polysci, PoliSci, Politics
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This 5 page Class Notes was uploaded by Chapman Lindgren on Wednesday September 14, 2016. The Class Notes belongs to POLS 1101 at University of Georgia taught by James E. Monogan, Anneliese S. Hermann in Fall 2016. Since its upload, it has received 15 views. For similar materials see American Government in History at University of Georgia.

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Date Created: 09/14/16
American Government Notes Week 5 Civil Rights Lesson Objectives 9/12/16  Explain the process of incorporation  Identify the civil liberties protected explicitly and implicitly by the Bill of Rights Incorporation  Protected citizens from overreach by the federal government  Process of applying Bill of Rights to the states; it initially only applied to the federal government  Equal protection and due process clauses of 14 amendment o In a supreme court case, the court ruled that the 14 th amendment applied only to discrimination against African Americans  Supreme court has proceeded slowly without incorporation (Court has slowly incorporated most of the bill of rights): o Selective incorporation: clauses of the Bill of Rights have come into question when a person say that they have violated their civil rights Incorporation of the Bill of Rights through the 14 thAmendment American Government Notes Week 5 th *Remember that the 14 amendment is central to the process of incorporation. The SC engages in selective incorporation Rights of Criminal Defendants  4 Amendment: no unreasonable search and seizure o Probable cause is needed for a warrant th  5 Amendment o grand jury o double jeopardy o due process  6 Amendment: speedy and public trial, impartial jury, and an attorney  7 Amendment guarantees the right to a jury trial in certain civil cases th  8 Amendment: no excessive bail, nor cruel and unusual punishment o important cases have related to whether the death penalty constitutes cruel and unusual punishment  We have public defenders because of the Gideon v. Wainwright case Right to Privacy  Natural Rights: basic rights that all human beings are entitled to, whether or not they are formally recognized by government o Consider the 9 amendment American Government Notes Week 5  Griswold v. Connecticut (1965): used constitutional right of privacy to strike down a law o Justice William O. Douglas: implied in the language in the Bill of Rights  Free speech and assembly implies a right to privacy in one’s associations  3 amendment: right not to quarter soldiers (zone of privacy) th  4 thendment: bans unreasonable search and seizer  5 amendment: ban on self-incrimination o Hugo Black countered there was no specific provision in the constitution that prohibited Connecticut’s ban on birth control Gun Control • 2nd amendment is vague • Is right to arms unlimited or only in connection to state militias? • Limits on what can and cannot be banned – Assault weapons – District of Columbia v. Heller (2008) Protection of Rights and Liberties • How to decide limits on rights and liberties? • Moral claims of human dignity consistent with founding ideology of United States • Utilitarianism in outcomes can infringe on liberties Lesson Objectives 9/14/16  Identify the civil rights protected explicitly and implicitly by constitutional amendments  Identify major civil rights policies the president, the courts, and Congress adopted Some Constitutional Provisions for Civil Rights  Civil war amendments th o 13 :thanned slavery o 14 : nationalized citizenship o 15 : voting cannot be denied due to race  Expand voting by prohibiting discrimination th o 15 : race o 19 : sex o 24 : poll tax American Government Notes Week 5 o 26 : 18 year olds  Most amendments to the constitution have expanded rights available to citizens  Many of the Civil War amendments were not immediateltheffective o Slavery ended immediately following the 13 amendment, but African Americans struggled greatly to achieve full rights in society until the 1960s Court Legitimacy  Courts can protect against “tyranny of the majority” but must rely on elected branches for enforcement  Unpopular decisions are rare. However, when they happen, elected branches still have to comply. Two unpopular decisions are: o School prayer o School desegregation  Despite the court’s ruling in Brown v. Board of Education, schools weren’t desegregated until years later  Courts have also failed to uphold rights o Dred Scott v. Sandford (1857) ruled that slaves were not part of the “people of the united states”  Major rulings of the Civil Rights Movement: o Smith v. Allwright (1944) o Sweatt v. Painter (1950) o Brown v. Board of Educatoin of Topeka (1954)  Overruled Plessy v. Ferguson (1896) Civil Rights Movement  Main focus: African American rights  Particularly unjust laws in southern states  Key laws passed in response to the Civil Rights Movement: o Civil Rights Act 1957 o Civil Rights Act 1960 o Civil Rights Act 1964 o Voting Rights Act 1965 Affirmative Action  Attempt to redress past wrongs by promoting employment and education opportunities for women and African Americans o University admissions, federal contracts, state and city job/business quotas  Increases diversity  Reverses discrimination?  Court rulings have been mixed o Regents v. Bakke 1978 American Government Notes Week 5 o Bollinger cases 2003  SC said that diversity is a criterion that can be used in evaluating a candidate for admission but it cannot be the sole or determining criteria o Fisher v. University of Texas Rights and Liberties Failures  Alien and Sedition Acts: banned criticism of the gov’t which is a blatant st violation of the 1 amendment  Slavery and African Americans: most longstanding failure in American history  Jim Crow era: period when states enacted a number of laws that effectively prevented African Americans from participating in civil society  Immigrants  Japanese internment: another blatant rights violation that was held up by the SC


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