Political Science 21A Week Four Lecture Notes
Political Science 21A Week Four Lecture Notes Pol Sci 21A
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This 5 page Class Notes was uploaded by Joyce Nguy on Saturday October 24, 2015. The Class Notes belongs to Pol Sci 21A at University of California - Irvine taught by BECKMANN, M. in Fall 2015. Since its upload, it has received 40 views. For similar materials see INTRO AMERICAN GOVT in Political Science at University of California - Irvine.
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Date Created: 10/24/15
Political Science 21A Week 4 1 Civil Rights a Emmett Till b was abducted by white men and killed after whistling at a white woman 2 Distinguishing Civil Rights from Civil Liberties a Civil Rights i refer to the positive acts governments take to protect individuals against any discrimination b Civil Liberties i personal rights and freedoms that gov cannot violate by law 3 De Jure v De facto a de jure i by law b de facto i in fact but not in law 4 Long March to De Jure Equality Slavery a slavery at founding i compromise ii fed gov power to fight slave rebellions iii Senate had balance of free and slave states b Missouri Compromise 18201821 i sanctioned slavery in South c The Compromise Slipping 1830s1870s i ideological abolitionists didn t like slavery for no other reason than just white labor economics 1 white people can t go against slaves for labor in South ii California s admission to Union d fugitive slave law i Dred Scott v Sandford 1 runaway slaves gets to North 2 SC fed gov had no right to take people s PROPERTY slave 5 Abe Lincoln s Election a free soil free labor free men b Emancipation Proclamation 1863 c Civil War 18611865 6 13th 14th 15th Amendment a reconstituted the south joining North again i 13th 1 abolished slavery ii 14th 1 former slaves citizens with rights to due process iii 15th 1 reguaranteed right to vote 7 Plessy v Ferguson 1896 a established doctrine of separate but equal b SC says separate is okay 8 Brown v Board of Education 1954 a Separate education facilities are inherently unequal b Thurgood Marshall 9 Jim Crow Laws a reinstituted segregation 10 Voting discrimination cemented in a white privileges b poll taxes c literacy tests d grandfather clauses 11 Civil Rights Movement 1960 a MLK Letter from a Birmingham Jail b 1964 Act i allowed fed gov to proactively prosecute discrimination in public accommodations c Voting Rights Act 1965 i allowed fed gov to proactively register voters 12 Civil Rights Beyond Race a age b sex c sexuality d religion e national origin f Americans with Disabilities Act 1990 i can t discriminate against people ii gov needs to step in so they are treated equals iii in private employment iv all state and local gov agencies v places of public accommodations vi voting access to booth 13 Ongoing March to De Facto Equality a even as the formal legal barriers to equality continue to be broken down inequalities still persist Political Science 21A Week Four Lecture Two 1 From Law to Politics a while many important de jure discrimination issues certainly questions of law they are also highly political 2 Partisanship and Southern Politics a upon signing CRA of 1964 LBJ says we have lost the South for a generation b Southern Democrats AGAINST civil rights act 3 Equality of Opportunity v Equality of Result 4 The Courts a criminal law i laws regulating crimes against society b civil law i laws regulating crimes between private individuals c jurisdiction i authority vested in a particular court to hear and decide the issues in any particular case d originaljurisdiction i jurisdiction of court that hear a case first trial ii 13 1 cases start at SC when a involve 2 or more states b US and state c foreign ambassadors and diplomats e appellatejurisdiction i power vested ii 97 1 SC can hear cases from a US courts of appeals 5 The Supreme Court chooses which cases it will hear a rule of 4 i 49 agree for cases ii writ of certiori what 49 is called Case accepted b SC will grant certs when i important issue Const is implicated ii lower courts disagree c SC will not grant when i they merely disagree with a particular court s decision in a given case 6 The Question of Judicial Review a judicial review i the power of courts to review acts of other branches and states 7 Marbury v Madison 1803 a federalists lose election in 1800 try to fill gov with judges at last minute b Madison threw away fed judge paperjobs c Marbury sues d Chief Marshall s decision i Marbury deserves his appointment by law but the law was uconstitutional 8 Pro Judicial Review a check b protects civil liberties c implied by Const 9 AntiJudicial Review a gives SC unchecked power b not elected c not constitutional 10 Making it to the Fed Bench a judge must have legal training b experience in court c prior service in fed gov 11 Borking a after 1987 Reagan nominee Robert Borker i strategy to defeat a judicial nominee often by seeking out damaging info running ads and other campaign like tactics ii democrats don t let Bork get confirmed b presidents have learned from Bork pick candidate who don t have paper trails stealth 12 Interpreting the Constitution a where all justices agree stare decisis i when formulating new decisions about law civil justice agree that court should rely on past decisions judicial activism vjudicial review b where not all justices agree judicial philosophy i 3 basic ways to read Const 1 strict constructionist liberal interpretation 2 original intent context of Framer s intention s 3 living document interpret in context of current circumstances 13 Our Current Const a 4 v 4 liberals vs conservatives b one swing vote Kennedy 14 A Politicized Court a Article 3 of const judicial branch least dangerous neutral arbiter in dsiputes b over time courts key players c matters of privacy d polarization in Washington e partisan selection and confirmation f closely divided SC 54
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