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Lecture 15

Complete Lecture 15 Notes

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Political Science
POLI 2327
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10/22/13 Lecture 15 • Good essay = take a position on something – make it clear! o Support your argument with evidence  Better essays will show more comprehensive evidence • We will be given a list of all the readings we have had o Will anticipate counter-arguments  Shows you know both sides and are still coming down on one side o Convey that you have control over the material  Don’t write every fact of the case • IDs will consist of important terms, contexts, cases that are around 3 sentences o State what it is and concrete example of its significance in constitutional development, what it is part of/where it is from • Getting into what constitutes the modern world, both economically and constitutionally • Added Civil War Amendments th o 13 Amendment o 14 Amendment (no states shall…) th o 15 Amendment prohibitin racial discrimination  Largest group of amendments added of BoR since the original 10 • Civil war amendments were adding to power of Congress and Courts to void state legislation that go against the new amendments th • 11 Amendment = state sovereign immunity • 12 Amendment • Does it make sense to think of the Constitution through Regime Theory? o How sharp a break is there between the constitution as it was and the constitution as it is – did we get a “new” constitution?  Think of constitution in favor of different regimes • Divide constitutional regimes into 3 eras: o Founding, Civil War, New Deal • The way Woodrow Wilson described this: Constitution used to be utonian but now it is Darwinian o Meant by utonian – it was a static solar system, locked in a particular pattern that is self-balancing  If there were amendments, they were just little tinkering things, making technical adjustments • Check power, protect settled and underrepresented rights that were long standing o Ambition counteracted ambition o Meant by Darwinian – constitution should not be viewed as a static system under this new regime and an order that would evolve to adapt to the times to survive  “living constitutionalism” – constitutions meet the challenges of their times in the forms they are presented • Broad construction • Other people talk about this as the beginning of aspirationalism o Aspirantionalism emphasizes moral ideals  Abolitionists saw the Civil War as the principle of liberty and equality o The Constitution protects our growing understanding of freedom and equality  Not static – grows with the moral growth of the people and the government should aspire to be the best if could morally be • What about the founders? o The founders were good o Concerned with checking power because looking to English and their abuses of power  That was the big problem at the time and they addressed those challenges • Mistrust distant power o Didn’t address slavery – it was a flawed founding  This is what Lincoln meant in Gettysburg Address that we needed a new rebirth • US was not born perfect and there now needs to be a focus on achieving ideals of justice and equality that were not taken care at initial founding o Perfectionist Constitutionalism • After the Civil War, the Constitution was a reformed Constitution – more moral • To complicate matters, the whole economy and society is rapidly changing o Major economic transformation, industrial and communications revolution, mass immigration people with different religions and backgrounds (Catholic, eastern European, Jewish, Chinese)  A large number of people feel like they’ve lost control of their lives and political destinies • Era of both constitutional change but also a period of mass political movement asking for new reforms • The Populous/Granger Movement o Farmers are feeling out of control of their lives  They raise crops and have to ship them to market by monopoly railroads, store them in cities and sell them in international market • Feel like they have no control over their own livelihoods – depending on the government and people • Wage makes you dependent on someone else o If you have your own farm, you’re free and don’t have to answer to anyone  When you labor in a factory, you are at the mercy of the boss • Laborers feel like they don’t have control over their lives and they start to agitate • Start demanding that legislature pass laws that put them back in power • Progressive, Civil Rights, Women Suffrage Movement o Wave after wave on empowering social movements by people who feel like outsiders to the way the system is run and they demand legislation • Following in the footsteps as abolitionism o Perceived slavery as a way of not having control over your life  Can also be labor slavery, slave to husbands, etc. • Want a problem-solving government th • Rise of the research university and social sciences in late 19 century o Conducting scientific research that would be used to help solve problems of government and help legislatures in passing legislation • Lochner v. NY deals with labor regulation o Example of right wing laissez faire economics • Slaughterhouse Cases - 1873 o First case after the civil war in which the supreme court interprets the 14 amendment o Ultimately about what the civil war meant constitutionally concerning relation with state and national government and slavery o Has absolutely nothing to do with African americans – it’s a business case on slaughterhouses o Brought to court by New Orleans butchers who were put out of business on a monopo
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