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October 7, 2013 - Civil Liberties.docx

8 Pages
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Department
Political Science
Course Code
Political Science 2244E
Professor
Peter Scapillato

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Description
Civil Liberties October 7, 2013 Essay - 12 pages; at least 10 academic sources. - Due Monday, November 4 , 2013. - Chicago documentation style. - Choose topic with approval based on content from this semester (e.g. Constitution, Federalism, Civil Rights, etc.). Current Events - Government shutdown (Tea Party members in the Senate resisting until Obamacare is defunded). o Cleaning continuing resolution bill. - Debt ceiling o $16.7 trillion ceiling o Democrats want a “clean” raise - International o Syria – Chemical deconstruction; US is pleased. o Afghanistan – Second set of election post-invasion are approaching (April). Names are being submitted for candidacy. American Profiles American Revolution George Washington Farewell Speech - War for independence - Described as a patriot. - France entered on side of - Commander in Chief during the patriots; became an international Revolutionary War. conflict. - Served 2 terms. Didn’t see - British surrender. himself as fit, but needed to serve - Americans won independence; a second term to keep the states ended in 1783. united. - 1777 – General Rafayet was a key - Speech in 1792. Released to the player in the Battle of Yorktown. public (printed) after this. Close with B. Franklin and G. - One of the most significant Washington. Responsible for documents in American history. helping Canadians rally their - Transition was very amicable. cause. - Target audience: American - France made a military effort to people. keep Canada united with Canada. - Highlight 4 points: New They sided against Quebec, which constitution, rule of law, role of why the Quebec French don’t like civil society, and the common the European French. interests that defined a nation- wide truth. - Addressed separation of powers and checks and balances put in place. - Allowed for democratic reform and separating popular passions. - A large proponent of giving large republics and chance to prove themselves. Included the purchase of Louisiana. - Stresses unity between colonies, independence from foreign policies. - Warned against large militaries (ironic looking at the US military today). Liberties vs. Rights. Civil Liberties Civil Rights - “Freedom from” - “Freedom to” - Restricts government action. - Requires government action. E.g. Freedom of speech. E.g. Right to education. Require government action because they are enforced by the government. It is a guarantee to something. Purpose  “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.” o Puts minorities beyond the reach of popular fervor. The majority cannot decide the rights of minorities. o Applying legal principles as law – stay separate from current events or trends of the time. Cottifed. Growth  Bill of Rights was applicable to the Federal government only. o “Congress shall make no law…” States could infringe on certain liberties, but federal could not...until the 14 Amendment…  14 Amendment o “No state shall…” Meant to protect newly freed slaves.  Supreme Court o Flip-flop Courts constantly change their mind. First said it was only applicable to freed slaves – does not apply to states. 1897 changed their mind – the state’s cannot take private property without compensation. This was the first act of applying the Bill of Rights to the state(s).  Selective incorporation o Case-by-case Recent Case: 2010  Selective Incorporation: Process in which the court decides on a case-by-case basis which laws apply to the states. Privacy  Griswold v. Connecticut (1965) o Couple lived in Connecticut and used contraceptives. State said this was not allowed. At the time contraceptives were banned in every state. Law existed because the government didn’t want immigrants to dominate the population. o Courts favour Griswold.  Penumbras o Shadow – If you look at the Bill of Rights, it casts a shadow over other issues (such as contraceptives) that aren’t specifically mentioned in the Bill. o “Zones of privacy” (E.g. Bedroom)  Emanations o E.g. Third Amendment, Ninth Amendment Third – Actually protects privacy as a whole. Ninth – Other rights exist other than those outlined in the Constitution. Privacy was a matter left to the people.  Roe v. Wade (1973) o Encompasses a woman’s decision about pregnancy. o Texan law banned abortions. Supreme court ruled in favour of women – right to choose. Women have the right to abortions in their first trimester. Challenge came from…  Planned Parenthood v. Casey (1992) o “Undue burden” o Challenge to Roe v. Wade. o Rejection of first trimester principle. States were now allowed to put up roadblocks when it benefited the fetus. The state was allowed to encourage mothers to change their mind. E.g. You could petition a woman, send guidance her way, etc., but could not directly forbid her. Freedom of Religion  Jefferson’s “wall of separation between church and state”  First Amendment o “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”  Establishment Clause o Prohibits the federal government from creating an official religion (e.g. Church of England). o Threat of the Constitution. First Amendment prevents this from happening. o What exactly does the wall prevent/protect?  Prayers in public schools?
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