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POL 224 week 8 Lec Nov 6, 2012.doc

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Political Science
Rodney Haddow

POL 224 week 8 Lec Nov 6, 2012 Courts and Civil Liberties Liberal Democracy -majority rule tempered by minority rights -shouldn’t entrenching rights help minority rights? -not necessarily, slavery in the US was entrenched in the bill of right United States -Bill of Rights = amendments 1-10 (1791) -not originally included but discussed and agreed upon to differ from the British -not one document, 10 amendments -civil rights only really came into effect around the civil war -Lowi distinguishes civil liberties (negative freedoms, i am protected from this) and civil rights (positive freedoms, i have this) -even with an entrenched bill of rights, it is still political active and can change -Bill of Rights guarantees many rights against all governments -rights for individuals against both state and the federal government -not specified -1833, Supreme Court; Barron vs. Baltimore exempted states; Dred Scott ex- cluded slaves (1857) -1st one sued the state of Maryland for dumping a bunch of gravel in front of his docks (right to property- not found in the Canadian system) -property rights were not included in the Maryland constitution so Barron couldn’t do anything about it -2nd was a slave who escaped from the south to the north -owner in the southern state sent bounty hunters to capture him -he sued saying his fundamental rights were being violated but he lost because the bill of rights was only for US citizens and slaves were not citizens -13th and 14th amendments (1865) seemed to nationalize bill; and assure equal protection POL 224 week 8 Lec Nov 6, 2012 -1st meant nothing can be done by any government that infringes on the bill of rights, so the bill would apply to states and feds, reversed Barron vs. Baltimore -2nd meant everyone was protected by the bill of rights -1867 Slaughterhouses case again excluded states -new orleans city gov gave a monopoly of one slaughterhouse owner over the industry which took away the right to property of the other slaughterhouse owners -1896, Plessy vs Ferguson accepted separate but equal -didn’t let blacks sit in white compartments on trains -US supreme court said no that’s bs, you can only have blacks and whites separate if you are offering equal public institutions to both, schools, fountains, washrooms etc. as long as they both get equal access -so 14th amendment did not immediately nationalize the Bill of Rights -nationalization was slow, mostly in the 20th century -Warren Court (1953-69) sped up extension of rights; post-Roosevelt reform liberalism -liberal minded judges -judges only leave when they choose to or die (in Canada they must leave at 75) -Brown vs. Board of Education (1954); schools to be desegregated: equal benefit test -Miranda (1966); basis for Roe vs. Wade (1973) -1st must be read your rights before you are arrested -2nd is the abortion right when a woman wants to have it -so it seems the 19th century wasn’t all that special for the Bill of Rights, many states ignored it even though it was in writing -Busing decisions (1971) extend black integration -previously, schools just couldn’t explicitly reject blacks, after 1971, you couldn’t do it at all POL 224 week 8 Lec Nov 6, 2012 -buses would bus children around to make sure all children got an equal education -Burger court (1969-86) slowed the trend -buses had ended up carrying black kids across town -Bakke (1978) bars affirmative action quotas -no more 15% law school positions to visible minorities -Bakke had score below the 85% of whites but above the 15% minorities and yet his rights were being infringed to support the minorities -did not destroy affirmative action just said you couldn’t set a quota anymore, at most you could set a goal of getting more minorities -every candidate would be tested individually, not based on race -Rehnquist (1986-2005) & Roberts (2005-) courts turn neo-conservative -courts used to be activist -planned parenthood (1992) narrowed abortion -planned parenthood is an organization that educates people on abortion -court allows government in the states to pass laws to dissuade potential abor- tions without denying the right to choose -ex. you must attend 3 counciling sessions before getting an abortion -citizens united (2010) opens election financing -3rd parties
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