Chapter 4 Notes
Chapter 4 Notes Pols 1101
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This 4 page Class Notes was uploaded by D'Angel Brooks on Friday September 23, 2016. The Class Notes belongs to Pols 1101 at Georgia State University taught by Dr. Lakeyta Bonnette in Fall 2016. Since its upload, it has received 37 views. For similar materials see American Government in Government at Georgia State University.
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Date Created: 09/23/16
Chapter 4 Review of Notes Bill of Rights The Bill of Rights are the 1 ten Amendments to the Constitution o Made to protect the basic freedoms of American citizens o Over time, the meanings and applications of these Amendments have changed over time as judicial interpretations of these problems have changed. - Bill of Rights include: the right of free speech , free exercise of religion, prohibits unreasonable searches and seizures, guarantees due process of law, and the right to privacy Rights and Liberties Civil liberties: are protections of citizens from unwanted government action Civil Rights: describes the governments duty to protect its citizens *The Bill of Rights is more like a bill of liberties* There are at least 2 kinds of civil liberties in on to put restraints on government action: 1. Substantive liberties: restraints on what the government shall and shall not have the power to do . 2. Procedural liberties: restraints on how the governments is supposed to act when it acts. Hamilton's Objections to the Bill of Rights In the Federalist #84, Alexander Hamilton explained several of his obligations to including a Bill of Rights into the Constitution. His objections included: 1. Where bills of rights are appropriate in monarchies, they are unnecessary In republics 2. The Constitution already contained provisions protecting citizens rights. 3. There would be a threat to liberty if a stronger government was created by the bill of rights providing a "colorable pretext" for the government to have even more power. The 9 Amendment was made in partial response to Hamilton's 3 objection to the Bill of Rights. 9 Amendment: "The enumeration in the Constitution, of certain rights, shall be construed to deny or disparage others retained by the people." The 14 Amendment was made after the Supreme Court ruled that the Bill of Rights limited only the actions of the national governments and not the state governments. 14 Amendment: incorporates the Bill of Rights into the states Selective incorporation: the process of different protections becoming incorporated within the 14 Amendment, thus guaranteeing citizens' protection from the state as well as national governments. Freedom of Religion The Establishment Clause The government may not favor one religion over another "wall of separation" versus "excessive entanglement" The Lemon Test – conditions for acceptable government action The Supreme Court ruled in the case of Lemon v. Kurtzman (1971)that the government aid to religious schools should be constitutional if it met three criteria which is the Lemon Test. 3. The government action must have a secular purpose 4. The effect should neither advance not inhibit religion 5. It does not lead to excessive entanglement with religion The Free-Exercise Clause The government is prohibited from interfering with the practice of religion The government is allowed to interfere with the practice of religion only when there is a belief that conflicts with other valid laws. st 1 Amendment: protects the freedom of speech Speech that is not protected by the 1 Amendment is speech that presents a clear and present danger to society, libel and slander, obscenity OR fighting words nd 2 Amendment: the right to keep and bear arms Rights of the Criminally Accused 4 Amendment: protects against unreasonable search and seizures Requires probable cause Warrants are not always required Exclusionary Rule – Mapp v. Ohio (1961) 5 Amendment: the right to a grand jury, protects against double jeopardy(a person cannot be subject for the same offense more than once), self incrimination, and protects eminent domain (private property cannot be taken for public use without just compensation) "I plead the 5 " , witness immunity Miranda v. Arizona (1966) - suspects must be read their rights 6 Amendment: right to a speedy and public trial, and the right to have the assistance of counsel for his defense (lawyer/attorney). 8 Amendment: protects against excessive bail , fines, or cruel and unusual punishment Privacy Rights Controversy of today is about abortion Roe v. Wade (1973) 9 Amendment: protects against certain rights becoming construed to deny or disparage others retained. Lawrence v. Texas (2003) - Gay Rights Civil Rights *Different from civil liberties as civil rights citizens appealing to the government to protect them from other citizens, or some aspects of the government itself. * Equal Rights: the concept of "equal rights" poses complicated legal and policy questions. Discrimination: the use of any unreasonable or unjust exclusion. The use of legal discrimination against blacks and women went on throughout history. Scott v. Sanford(1857) 1865-1877 Reconstruction – an effort to improve the post-bellum South 6. Congress passed the reconstruction Act 7. Established the Freedom's Bureau th th th 8. 13 ,14 , & 15 Amendments th 13 Amendment – abolished slavery 14 Amendment- granted citizenship to all people born in the U.S. , including freed slaves th 15 Amendment- guaranteed voting rights for black men End of Reconstruction- Reconstruction reverses After Reconstruction- full citizenship of blacks were shattered U.S. laissez-faire policy Plessy v. Ferguson (1896) Jim Crow Laws were created which caused mas mob violence, murders, lynching, & second class citizenship. Brown v. Board of Education (1954) The use of separate but equal became not allowed in public education. De jure- means literally by law or legally enforced De facto- means by fact , where races were still segregated even though the law didn’t require so. Equality through Law The Civil Rights Act of 1964 – granted Hispanic Americans and farm workers migrant workers' rights. Later on in 1924, Native Americans were granted citizenship The Voting Rights of 1965 – allowed federal agents to oversee voter registration Civil Rights : Blacks and Women Most rights were mostly limited to white males , but white women had significantly more rights than black men and black women "Naked Rights"- white women had rights through their fathers, husbands, or trustees. Asian Americans 1877- Congress declares Chinese ineligible for citizenship 1882- Chinese Exclusion Act , Japanese Internment President's Ronald Reagan and George Bush authorized reparation payments to survivors and descendants Disabled Americans 1973 Rehabilitation Act – outlawed discrimination against people with disabilities Americans with Disabilities Act of 1990 – guarantees equal employment, housing, health care, etc.
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