Am. Gov Chapter 4 and 5 notes
Am. Gov Chapter 4 and 5 notes POLI 1090 - 006
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POLI 1090 - 006
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This 3 page Class Notes was uploaded by Crystal Boutwell on Friday September 18, 2015. The Class Notes belongs to POLI 1090 - 006 at Auburn University taught by Regina M. Moorer in Fall 2015. Since its upload, it has received 102 views. For similar materials see American Government in Multicultural World in Political Science at Auburn University.
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Date Created: 09/18/15
Chapter 45 Notes Civil Rights and Civil Liberties Compiled by Crystal Boutwell gt Definition protection from unjust treatment or action on behalf of the government gt Substantive limits on the power of the government gt Procedural Rules that determine how the government must behave gt Definition Rights that are guaranteed to all American citizens by the constitution this usually refers to societal freedoms and equal action by the government in accordance to the law gt Often associated with groups whose civil rights were not recognized by the United States government until after a political or legal action gt Race sex wealth national origin Southern Manifesto Congress and the Deep South working together with the reserved powers clause to allow states to treat their citizens how they wanted thus being able to deny some of their citizens the rights others enjoyed PostWWII gt African Americans had served in the war and were dissatisfied with their conditions of second class after risking their lives for the country gt a broad and diverse effort to attain racial equality Segregation gt In the south helped to enforce strict separation of races in the south Separate schools hospitals transportation and restaurants segregation that is put in place by the law I 1896 quotSeparate but equal gt In the north A fact of life Just the way things were 0 Blacks were denied housing in many neighborhoods and faced discrimination in findingjobs gt The Impact of segggation I African Americans received lower paying jobs I There were high rates of poverty and illiteracy I Low rates of home ownership and life expectancy I Blacks could not vote in the south Equal Rights gt A complicated policy question gt legal policies or government actions that give groups of people who have in history been discriminated against a better or at least equal chance as the people who haven t been discriminated against gt Texas law that top 10 of high school class gets accepted to UT Fisher claimed she was not accepted because of affirmative action Case overruled that her place was not given to the minority gt unreasonable or unfair criteria in order to exclude specific groups of people I Abolitionist women suffrage LGBTQ I Subjugation of blacks and women was political economic and social 0 Voting property ownership employment and social and public opportunities were sharply limited in comparison to whites or males 0 White women even had more rights than blacks because white women had quotrightsquot through their husbands brothers fathers etc gt Thirteenth Amendment I Abolished slavery gt Fourteenth Amendment I Gave blacks equal protection under the law I Side note Big issue in illegal immigration and political question in 2016 election gt Fifteenth Amendment I Gave voting rights to black men black women still had no rights Civil Liberties gt A check on the majority in order to allow unpopular minorities to speak and act as they desire I Majorityminority not referring to race But ideology gt The national means to protecting the marketplace gt Outlined in the Bill of Rights gt In 1833 it was ruled in the US Supreme Court that the Bill of Rights only limited the actions of the federal government but not the state government I This was changed with the adoption of the 14th amendment gt the first 10 amendments to the Constitution Nationalizing the Bill of Rig gt Just compensation is required to be paid to the owner of property if the property is taken away from a citizen by the government for public benefit gt Freedom of speech but is limited by slander saying quotbombquot in an airport etc Selective incorporation gt gt the Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated into the 14th Amendment Freedom of Religion a government cannot impose a particular religion on anyone I This prevents an official church of the nation I The government has the ability to aid a religious institution so long as it does not promote it 0 Government involvement must have a secular purpose o It can neither advance or inhibit a religion o It does not entangle government and religious institutions in each other s affairs gt freedom to practice the religion of your choice without state interference I Also can choose to not practice a religion without consequence I One provision is that it does not harm others 39339 Freedom of Speech and Press I quotCongress shall make no lawabridging the freedom of speech or of the press I Democracy requires a marketplace I Burning the flag symbolism is allowed gt Political Speech I Highly protected by strict scrutiny I Includes actions expressing political ideas I Protected unless it has immediate harm to another or your own person I A few time and place limitations yelling fire in a theater etc gt Expressive speech I Protected until it moves from symbolism to harm for you or another human being I there is no substantial public interest in permitting the lewd and obscene the profane the libelous and insulting 0 Basically Don t be a douchebag gt Commercial speech 0 Not nearly as protected as political speech 0 A government only needs rational reason to ban an advertisement 0 You have NO right to be empowered by an employer public or others who disagree gt Freedom of Press I The government cannot prevent the press from publishing what it desires I The press can be sued for libel or slander I However online personal news sources are harder to keep in check ie online bloggers vloggers YouTubers etc