Pol 101, Week 4 of Notes
Pol 101, Week 4 of Notes Pol 101
Popular in Introduction to American National Government
Popular in Liberal Arts
This 7 page Class Notes was uploaded by Michaela Musselman on Saturday February 27, 2016. The Class Notes belongs to Pol 101 at University of Mississippi taught by Heather Ondercin in Spring 2016. Since its upload, it has received 40 views. For similar materials see Introduction to American National Government in Liberal Arts at University of Mississippi.
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Date Created: 02/27/16
Check Your Knowledge What does the 1 Amendment mean when it comes to states that “Congress shall make no law representing an establishment of religion”? How do civil liberties illustrate the traditional dilemma in political ideology? Right to Privacy The right to privacy is highly controversial for several reasons o It is not explicitly stated in the constitution The supreme court has read the right to privacy into the constitution, saying it is there in the subtext There seem to be certain amendments that create a “zone of privacy”, specifically the 1 , 3 , 4 , and 5 .th The first case to establish the right to privacy is Griswold v Connecticut (1965) Contraceptives were illegal in Connecticut but a married couple challenged that, saying the government must intrude upon the marital bedroom to enforce the law. o The cases in which it is used are sometimes highly controversial Roe v Wade (1973) Lawrence and Garner v Texas (2003) Civil Liberties and Civil Rights Civil Liberties: Individual freedoms that place limitations on the power of government Civil Rights: Powers and privileges that are guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individual Conflicting Principles Federalism Modern Dilemma: Equality vs Individual freedom Traditional Dilemma: Order vs individual freedom Equal opportunity vs equal outcome Civil Rights and Laws Do laws treat people differently? o There are some laws allowed that treat people differently, such as those of different ages o We put drinking, voting, and driving restrictions on those under certain ages There is a three tier system for scrutiny of a law that treats people differently o Suspect class- Strict scrutiny This is generally for religion, Bill of Rights/Constitutional issues, race/national origin/ethnicity The state has to have an overriding or compelling state interest and It must be the only way the state can accomplish its goal o Quasi-Suspect class- Intermediate scrutiny Generally gender and sexuality There has to be an important state interest o Non-Suspect class- Rational basis test The question of a rational basis for treating groups of people differently is asked in this case. Internment of Japanese-Americans During WWII, California started interning Japanese-Americans in camps, questioning their loyalty to the state and country. Korematsu vs United States (1944) o The supreme court found that the internment was constitutional. The state had an overriding and compelling interest in national security and the only way to accomplish their goal was to intern Japanese-Americans. Think about the constitutional issues that arise from this case. What level of scrutiny should have been used for this? Check Your Knowledge Answers The government cannot favor or put down any religions; it must remain neutral. Even trying to define or establish a religion is favoring some over others. The more strongly we protect civil liberties, the less the government can promote social order. Check Your Knowledge What was the significance of Connecticut vs Griswold (1965)? What is the two prong test used when strict scrutiny is applied to determine if a law can treat people differently? Contemporary Issues: Voter ID Should individuals be required to show a government-issued photo ID to vote? Photo ID o The purpose is to prevent voter fraud o Something to keep in mind is that the Supreme Court has ruled that a state cannot value one person’s vote over another’s. Important questions to ask: o Is voter fraud rampant? There are isolated cases of it but the answer is no. o Will IDs prevent voter fraud? Most people on a college campus know how easy it is to fake an ID. The people checking IDs at the polls are usually elderly people who are untrained in picking out fake IDs. o Do these laws disenfranchise some voters? Not everyone has the time or money to get an ID. It takes almost a full workday to get anything done at the DMV, and that’s a full day of work a lot of people in the lower class cannot afford to miss. They also cost money and, again, many people in the lower class cannot afford the “luxury” of an ID. Some states have hardly any DMVs, so many people have to travel to other counties to obtain an ID. 11% of US citizens (21 million) do not have government issued photo IDs. 25% of African Americans of voting age do not have government issued IDs (compared to 8% of white). 18% of Americans over the age of 65 (6 million) do not have government issued photo IDs. Civil Rights Struggle The preamble to the constitution states that the goal is “to form a more perfect union.” Extending equal protection through history o Civil Rights for African Americans o Civil rights for women o Civil rights for LGBT African American Civil Rights Reconstruction o It was very short lived and very much hated by the southern states o Constitutional Amendments came out after the war, often referred to as “Civil War Amendments” th 13 thendment: abolished slavery 14 Amendment: Extends due process and equal protection 15 Amendment: Right to vote on the basis of race, color, and previous conditions of servitude Civil Rights Act of 1875 o Guaranteed by law African Americans get equal access to public accommodations o The Supreme Court shot it down. Jim Crow Laws: A series of laws passed in the south that substantially denied black civil rights o These happened after reconstruction ended. o They also denied poor white voting rights o Literacy tests and grandfather clauses were a huge part of it. Civil Rights Movement It really started in full in the 1950s. Court Battles Plessy Vs Ferguson (1890) Train cars were segregated and Homer Plessy sat in the white section of a train car He was asked to move, and when he didn’t, he was arrested. He took the case to the supreme court and lost, with the supreme court establishing “separate but equal”. Brown Vs Board of Education of Topeka (1954) The NAACP used this court case to challenge separate but equal. Thurgood Marshall presented it in the supreme court. The vote was unanimous that separate was not equal o Just having the segregation made black people feel inherently inferior o Schools were ordered to desegregate with all deliberate speed. Brown V Board set the precedent for integrating Ole Miss Congress o The Civil Rights Act of 1964: Addressed discrimination in public accommodations and employment o Voting Rights Act of 1965: Voting rights were established for everyone over a certain age Preclearance is in section 5 of the Act, stating that any changes made to voting rights must go through the US Department of Justice and be approved. o Civil Rights Act of 1968: Ended discrimination in housing Women’s Rights What is the constitutional status of women? First Wave Feminism o 1848: Seneca Falls and Declaration of Sentiments Seneca Falls was the first ever women’s convention The Declaration of Sentiments started with “We hold these truths to be self-evident that all men and women are created equal” and listed grievances against the government o 1869: Women gain full suffrage in the first state Wyoming had already given women full voting rights as a colony, but when it achieved statehood, it made sure women still had those full voting rights. o 1919: Women had full suffrage in 19 states There was partial suffrage in 20 states and no suffrage at all in 8 states th o 1920: Passage of the 19 Amendment It came down to Kentucky as the last state to ratify the amendment, and the one last vote to decide for Kentucky nd Modern Women’s Movement (2 Wave) o Equal Rights Amendment Failed to be ratified by the states by only 3 states in the last stage of ratification o Courts now extend the protections of the 14 amendment to women Reed v Reed (1971) The Supreme Court ruled that the administrator of an estate cannot be chosen based off of sex. Intermediate scrutiny is used for laws concerning gender and sex Check Your Knowledge Answers This is the case in which the right to privacy was established Is there a compelling or overriding state interest and is it the only way the state can accomplish an interest?