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PLSC 2003 Exam 2 Notes

by: Sara Jones

PLSC 2003 Exam 2 Notes PLSC 2003

Marketplace > University of Arkansas > Government > PLSC 2003 > PLSC 2003 Exam 2 Notes
Sara Jones

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Dr. Sebold
Class Notes
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This 9 page Class Notes was uploaded by Sara Jones on Thursday September 29, 2016. The Class Notes belongs to PLSC 2003 at University of Arkansas taught by Dr. Sebold in Fall 2016. Since its upload, it has received 13 views. For similar materials see Government in Government at University of Arkansas.


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Date Created: 09/29/16
Gov CH.4 Civil Liberties Look @ highschool notes for these amendments ect Vocabulary • Civil liberties- areas of personal freedom constitutionally protected from government interference • Judicial Review- power to judge constitutionality of a law or government regulation • Selective Incorporation- the process of incorporating the states to protect the different protections in the bill of rights Rights in the body of the constitution • Writ of Habeas Corpus- law shall not be suspended, unless when in cases of invasion of the public • Ex Post Facto laws- such laws may make an action a crime, that was not a crime when it was committed • Bill of attainder- is a legislative action that punishes an individual or group without a trial The bill of rights (BOR) st • 1 -guarantees freedom of speech, press, assembly to petition, and prevents congress from establishing a religion • 2 -right to bear arms • 3 -prohibits quartering of soldiers • 4 -restricts searches and seizures • 5 -provides for grand juries, restricts eminent domain and prohibits forced self- incrimination and double jeopardy • 6 -outlines criminal procedures including the right to defense in criminal trials • 7 -guarantees trial by jury in a civil case • 8 -prevent excessive bail, cruel and unusual punishment • 9 -allows 1-8 do not include all possible rights • 10 -reserves for the states any powers not delegated to the national government Nationalizing the BOR • Barron v. Baltimore (1833) o Barron owned property near the street they are repairing, they ruin Barron’s property, takes to court o Starting in his original jurisdiction o Worked his way up to supreme court o BOR only applies to the federal government 14 Amendment (1868) • 14 - protects against violation against the states o no states shall make or enforce any law which shall abridge the Privileges or Immunities of citizens of the US o Nor shall any state deprive any person of life liberty or property without Due Process of law, nor deny to any person the Equal protection of the laws The first Red Scare • The Sedition act of 1918 forbid individuals to speak or publish language intended to incite resistance to US gov (infringe on freedom of speech) o World War 1 o Communism- bring the idea and try to educate Americans o Benjamin Gitlow idea to overthrow government, left wing manfestto Freedom of speech and security • Schenck V. U.S. (1919) o Socialist communist o Charged by the us gov o Supreme court upheld o Speech and press can be restricted if it is intended to result in crime o Established the “clear and present danger “test to restrict speech • Gitlow V New York (1925) o Communism, communist manifesto o Convitciton upheld o States must protect freedom of speech unless it doesn’t pass the clear and present danger test bc of the due process of law • Brandenburg V Ohio (1969) o Leader of the KKK o Made a speech 2 o Convicted of speech that might insight a riot o Arrested, 1-10 years o Goes to supreme court o Conviction overturned o Cant punish abstract speech or advocacy Second red Scare • The smith act of 1940- made illegal to advocate overthrow of the government or join a group that would • Internal security act of 1950- required communist organizations to register and publish membership lists • McCarthyism- period of political repression in the late 40’s and 50’s The first amendment and free press • Near V Minnesota (1931) o Printing editorials about the city slander o Conviction overturned o Minnesota “prior restraint” statute is unconstitutional except in rare cases o Since he hasn’t printed the paper yet its illegal, he had to have printed it first • NY times v US (1971) o Editor who published articles on Vietnam war from study in pentagon o Over the pentagon papers o Conviction overturned o Must meet “heavy burden” to use prior restraint in the cases that provide “clear and present danger” First amendment and assembly • NAACP V. Alabama (1958) o Alabama attorney general sued NAACP for membership lists o NACCP refused judge’s order it was held in “contempt of court” o Later reversed by USSC bc of the suppression of assembly • Skokie V. Illinois (1977) o Nazi in Illinois 3 o ACLU challenged injunction that stopped Nazi from displaying their uniforms and swastika at rally o Injunction lifted by USSC o If restraint of speech is used it must provide strict procedural safeguards Speech not granted full protection • Libel or slander o Lying about a person • Obscenity o Restrict on media, movies, music, subjective • Symbolic speech o States will try and restrict • Commercial o Advertisements The ninth amendment and right to privacy • Griswold V Connecticut (1965) o Right to privacy extends to woman’s right to birth control o Right to personal autonomy and the right to be left alone • Roe V wade (1973) o Extends right of privacy to a woman’s right to abortion o But gives states right to regulate to protect life of unborn Ninth and national security • Foreign intelligence surveillance act of 1978- o Outlines procedures for requested judicial authorization for physical and electronic surveillance of suspected terrorist or spying • Patriot act 2001/2206 o Allows government to bypass procedures to monitor communications Are we safer?Video • What are fusion centers? Intelligence from thousands of police bases and other places can be analyzed here 4 • Who gathers information for the fusion centers? Cops gather the information • What is a suspicious activity report? Related to homeland security/ terrorism, anything that could cause harm • What activities are considered “suspicious”? Picture taking, map drawing, invasive driving • Have these laws made us safer? The fourth amendment and reasonable and probable search and seizure • Mapp v. Ohio (1961) o Accused of harboring a fugitive o Fugitive wasn’t there but they found other things o Goes to state court, then supreme court, overturned bc search warrant was not for the crime they were supposed to be looking for the fugitive o Conviction overturned o States can’t conduct “unreasonable searches and seizures” o Search and seizure need only be conducted if there is a warrant signed by judge o Exclusionary rule- if evidence is not included in the search warrant they will not use it, since it was not done correctly while finding the specific evidence • When can searches be done without a warrant o If a person gives consent to be searched o If evidence is in plain view o If suspect takes off in hot pursuit o Incidental to arrest o Extreme circumstances The fifth amendment and self-incrimination • Miranda V. Arizona (1966) o Accused of being child molester and rapist o If admit guilt only use in court of law, and read their Miranda rights and told they don’t have to say anything o He was not told his Miranda rights so his case was let go 5 o Conviction overturned o Confessions not admissible when coerced The sixth amendment and right to defense • Gideon V. Wainwright (1963) o States don’t give defense so he takes to higher courts o Accused of robbing a convenience store when he did not o Conviction overturned o Defense must be provided when requested and is fundamental to holding up the “due process of law of 14 amendment” 6 Gov. Ch. 5 Civil rights Vocabulary • Discrimination- use of any unreasonable and unjust criterion of exclusion • Civil rights- protection of citizens from any illegal action of gov agencies and other private citizens • Affirmative action- policies or programs that seek to redress past injustices against specified groups Civil war amendments • 13 - outlaw slavery • 14 - equal protection under the law (due process) th • 15 - granted right to vote to black men (still not women) o southern states will have problem due to little power to vote in congress, change is done without southern states Jim Crow laws and the old south • Plessy V. Ferguson (1896) o Upheld Plessy conviction o Light skin African, went to get on train and was asked to leave, purposely stays to get taken to supreme court to have laws changed o Legalized segregation § You can separate but both must have the same thing, but they will not be equal… o Created “separate but equal” Declining process • Jim crow laws still in effect • Last in south up until 1950’s Brown V. Board of education (1954) • Forced to walk 2 miles to school each day, very dangerous, all to get to school but the school next to them was for whites only so they had to walk farther to be educated • Courts begin to consider the consequences of discrimination • Many court cases • The doll test, white and black doll, which is good which is bad, black children are raised to think they are inferior and whites believe they are superior • Court says, Integration must happen, not when or how though Little rock nine • White resistance to the kids going to school • National guard is brought in to let them into the school • State gov brought in officials to stop them from going into the school • All these events push for integration quicker than before • Bringing kids on buses to integrate Expanding civil rights • Civil rights act of (1964) o Outlawed discrimination based on race in employment, voting, education and public accommodations o Banish discrimination in public life th • 24 amendment of 1964 o outlawed the poll tax § acts that communitys pass to stop people from voting § poll tax- pay to register making it hard for ppl to vote • voting rights act 1965 o prohibited states from creating discriminatory laws in voting o first act as president o Table 5.2 in book** Affirmative action • Bakke V. University of California board (1978) o Race can be used as one of the many factors when deciding college admissions • Fisher V. university of Texas (2016) o Upheld race can be a factor determining who gets into schools The suffrage movement • Women fighting for equal rights and recognition • Not clear cut on rules Equal rights amendment 2 • Proposed that rights guaranteed by the constitution apply equally to all persons regardless of their sex Video o What is the ERA? § Equal rights amendment that has been proposed multiple times o What happened to the ERA? § it died out as people realized that it opened women to rights that weren’t fair, such as war, abortion ect. It would set women backwards The struggle for gender equality th • 19 amendment (1920)- granted right to vote to women • Title IX- civil rights act (1964)- bans gender discrimination • Equal rights amendment- proposed that rights guaranteed by the constitution apply equally to all persons regardless of their sex • Ledbetter v. Goodyear tire and rubber co. (2007)- expands rights to sue over discriminatory treatment at work well after it has started REVIEW FRIDAY 3


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