Government test 2 week 2
Government test 2 week 2 PSCI 1040
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This 5 page Class Notes was uploaded by UNT_Scientist on Sunday February 28, 2016. The Class Notes belongs to PSCI 1040 at University of North Texas taught by Gloria Cox in Winter 2016. Since its upload, it has received 17 views. For similar materials see Goverment in Political Science at University of North Texas.
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Date Created: 02/28/16
Week 2 Feb. 22 Test 2 March 11 Rulings are iblue Underlininformation is important Bold text is vocabulary ■ The Civil War ● Yes it was about slavery and whether or not it could exist ● It was also a war about who we in charge the national government or the states ● Amendments ○ Thirteenth ■ Outlawed slavery ○ Fourteenth ■ Defined citizenship, included due process clause ○ Fifteenth ■ Gave newly freed men the right to vote ■ 1863 ● Emancipation proclamation ● 3.4 Reasons for the decline of state power ○ Fourteenth amendment ■ “All personorn or naturaliz in the United States, and subject to the jurisdiction thereof, are citizen of the United States and of the state wherein they reside.” ■ Put in to nullify the ruDred Scott ■ Due process clause ● “No state shall make or enforce an law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of laor deny to any person within its jurisdiction the equal protection of the laws.” ● Exactly the same as in the fifth amendment ● FixesBarron v Baltimore ■ Equal protection Clause ● No state shall make or enforce an law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process oflor deny to any person within its jurisdiction the equal protection of the laws.” ○ Sixteenth amendment ■ Passed by congress July 2,1909 ■ Ratified February 3,1913 ■ Changes a port in of Article 1 section 9 ● “The congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regart t any census or enumeration” ○ New Deal ■ Establishment of the foundation of social welfare programs, including Social Security (old age pensions, disability payments, unemployment insurance and others) ○ Ruling on Brown v Board of Education ■ Court cited teourteenth Amendment’sdue processand equal protectionlauses ■ Over the years since 1950s, many rulings in areas of civil rights and liberties ■ This ruling makes schools integrated ○ Refusal of states to grant and protect civil rights ■ The refusal of states led to legislative action from Congress and president and judicial action Supreme Court to enforce rights ■ These rights have expanded over time to not only African Americans but also women, Native Americans, disabled persons, same sex couples ○ Refusal of states to protect the rights of persons accused of crime ■ This refusal led to federal legislative and musical action in areas such as confessions, notification of rights, protection of people n prisons, and so on ○ The use of commerce clause ○ Reemergence of issue ■ Ronald reagan ● In his inaugural address in 1981 ● “The federal government did not create the states, the sites created the federal government” ● Upheld states rights through judicial appointees ● Chapter 4 ● Civil liberties ○ Interesting fact ■ The US has 5% of the world's population but 25% of the world's prisoners ○ 4.1 civil liberties ■ The bill of rights was writames Madison ■ The proposed amendments were sent to the states in 1789 ■ Most provisions were approved by 1791 ■ By 2016 the bill of rights will be 225 years old ■ Inspired by Virginia because Virginia would not ratify the Constitution without the Bill of Rights ■ The bill of rights applied only to congress not to states ● Barron v Baltimor 1831 confirmed this ● Was undone by the Fourteenth amendment in 1868 ● Most states had their own bill or rights ■ Incorporation process ● When legislation is incorporated into state levels. The states had to incorporate the bill of rights per the fourteenth amendment ● Some argued that it as the entire bill of rights ○ This idea was rejected by Supreme Court ■ However Supreme Court has said there is variousundamental rights hat all people have ■ Fundamental right ● Rights that are not listed in the Constitution or the bill or rights ○ Marriage ○ Children ○ Vote ○ Privacy ○ Travel freely ■ Selective incorporation ● Take part of the bill of rights and apply them to the states ■ Amendments not yet incorporated ● Third amendment ○ Quartering soldiers ● Seventh amendment ○ About jury trials in civil suits ● Parts of the fifth amendment ○ About grand juries ● Eighth amendment ○ Prohibits against excessive bail or fines ○ 4.2 freedom of religion ■ Quoted text ● Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;r abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances ■ There is no national religion ■ We as citizens are allow to proactive as we chose ■ If it is legal you can do it for religious purposes if it was illegal the practice done in any setting be it religious or not it is still illegal ○ Belief vs Action ■ While the freedom to believe is absolute the freedom to at is not ● Can you deny your child life saving care ○ Yes but the court can step in ● Can you have more than one spouse at a time ○ No ● Can you use illegal drugs as part of you or religious ceremony ○ No if it is legal you can do it for religious purposes if it was illegal the practice done in any setting be it religious or not it is still illegal ○ The Establishment Clause ■ Congress shall make no law establishing a religion ■ Has been interpreted that the government cannot favor new religion over another and also cannot suppr to religion over nonreligion ■ Two Perspectives ● Wall of Separation ○ This is the clause from which we get the concept that there should be a wall of separation between church and state ■ Thomas Jefferson idea ○ 1/3 Americans do not believe in the idea of the separation of church and state, and think that government should be supportive of religion ○ Applies to schools, school prayer, bible reading ● Accommodationist perspective ○ When government aids religion for a secular purpose ■ Saying the pledge of allegiance and also money saying “in God we trust” ■ Rulings ● 1960s ○ Teacher led and school sanctioned prayers unconstitutional ■ Earl Warren Chief Justice ● 1978 ○ Supreme Court rejected louisiana’s teaching of creationism ● 1980 ○ Unconstitutional to require posting of Ten Commandments in public school classrooms ● 1985 ○ Supreme Court rejected Alabamans moment of silence ● 1992 ○ School sponsored prayer at graduation is unconstitutional ● 1993 ○ Supreme Court ruled that religious group can use public school facilities if other groups can do so ● 2000 ○ School prayer at a football game is unconstitutional ■ Accommodationist perspective ○ 1984 ■ Lynch v Donnelly ■ Displays of religious and nonreligious items public property are ok ● You can put up Mary and Joseph and candy canes, reindeer, penguins, snowmen etc. ○ 1989 ■ Supreme court ruled that menorah could be apart of the display ● Because Mary and Joseph were allowed then the menorah are allowed ○ Assistance to religious schools is ok as long as it is secular ■ You cannot use federally funded buildings to teach anything related to religion ○ Current issues ■ Some argue today that government should be more accommodating when it comes to certain issues ● Example ○ Should public officials not carry it any of their duties when the official says that doing so would violate their religious views ■ KIM DAVIS! ○
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