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Lecture 3

POL 201 Lecture 3: POL201 Exam 3 Notes

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Political Science
POL 201

POL203 E3 11/10/2016 7:49:00 PM Lecture 17: Civil Liberties 11/10 • Liberties (freedom) and Rights (equality) o Civil Liberties: “due process” ▪ things the government can’t do to you o Civil Rights: “equal protection” ▪ everybody needs to be treated equally under the law • Origin of Liberties o Theoretical: natural; from god ▪ “…the Laws of Nature and of Nature’ s God entitle them…” o Procedural: The Bill of Rights • Pre-Civil War Liberties o Bill of Rights applies ONLY to the federal government; no application to the actions of state governments o WHY? ▪ language does not specify the states or individuals ▪ would have to deal with slavery (e.g., Dred Scott v. Sandford) • Liberties After the Civil War o 14th Amendment allows The Bill of Rights to be applied to the states ▪ “due process clause” o HOW?: Selective Incorporation ▪ courts force states to comply with Bill of Rights on case-by-case basis Freedom of Expression o Most fundamental of all liberties o Via the 1st Amendment o Freedoms of speech, assembly, and the press ▪ all three interrelated, but speech is central • Protection of Speech Over Time o The Supreme Court applies The Bill of Rights to the states o BUT… ▪ (1) decisions reflect mood of the times – during times of crisis, the court is more willing to constrain freedoms ▪ (2) decisions constrain liberties in times of war/crisis (because of #1) • Speech Doctrines o Clear and Present Danger – no speech if threatens security o Fighting Words – no speech if it intends to cause injury o Balancing – some things more important than speech o Fundamental Freedoms – speech is almost always most important • Freedom of the Press o More or less treated like speech o “Prior Restraint”: government can’t censor, BUT… ▪ public TV/radio waves – cursing, nudity, etic. ▪ commercials and consumer protection ▪ libel – you can’t knowingly lie • Freedom of Assembly o Also more or less treated like speech o BUT, a private group does NOT have to allow you to assemble ▪ e.g., Boy Scouts v. Dale (2000) • Establishment Clause o Government cannot be in the business of religion o Government can’t favor one religion over another o BUT… it is hard to untangle religion and politics ▪ “In God We Trust”, etc. o Standard: Lemon Test (1971) ▪ BUT… as with speech, SC’s treatment of establishment has varied with times • Free Exercise Clause o No government interference in religious practices o Beliefs are protected, but conflict on what acts are allowed ▪ Oregon v. Smith (1990): no peyote ▪ Church of LBA v. Hialeah (1993): animal sacrifice is ok • Liberties given to accused criminals o Search and seizure o No self-incrimination o Impartial jury o Legal counsel o No double jeopardy • Capital Punishment o 8th Amendment protects against “cruel and unusual punishment” o BUT… Supreme Court allows death penalty in states ▪ again, responding to public opinion (i.e., fear of crime) • Privacy o NOT in The Constitution: derived from 9th Amendment o Who gets privacy changes with times ▪ 1965: contraception ok if married ▪ 1986: sodomy is illegal (but, overturned in 2003) ▪ 1973: abortion legalized (but restrictions increased since then) • Civil Liberties After 9/11 o Liberties curtailed in times of crisis ▪ government wants power to fight the war ▪ Supreme Court follows public fear/demands o Examples: Patriot Act; Guantanamo Bay o Perpetual conflict between liberty and security Lecture 18: Civil Rights 11/15 • Liberties and Rights o Civil Liberties: “due process” ▪ things the government can’t do to you o Civil Rights: “equal protection” ▪ everybody needs to be treated equally under the law • Origin of Civil Rights o 14th Amendment equal protection clause o But the 14th Amendment has not been automatically applied to the states ▪ groups press the government for rights ▪ the government is usually more generous with rights when public opinion favors it • Reconstruction o Reconstruction: time after the Civil War when the North militarily occupied the South ▪ rights of blacks imposed by the military o White backlash ▪ KKK and other hate groups ▪ legal barriers to voting and “Jim Crow” laws • The Post-Reconstruction Court o Public mood against rights to Blacks o Civil Rights Cases (1875) – states action doctrine (the government has to treat people equally, but individuals and private organizations can treat people unequally, 14 Amendment only specifies about government) o Plessy v. Ferguson (1875) – “separate but equal” doctrine • The Great Migration (1916-1930): Blacks moving to the North and California to take industrial jobs when the white men went to fight in the wars • Early Civil Rights Movement o Increased electoral and economic power of Blacks via WWI and WWII o Blacks also start to use the courts ▪ Smith v. Allwright (1944) – ended white only primary in the South ▪ Shelly v. Kramer (1948) – Restrictive housing codes • Brown v. Board of Ed. (1954) – case that overturned segregation in schools o Court is bound by Plessy (separate but equal) ▪ So, the decision of this case only ended segregation in schools o Decision energizes Rights Movement ▪ pressure on the government increases through civil disobedience and voting ▪ Civil Rights Act (1964) and Voting Rights Act (1965) • Court Decisions After Brown o Eventually the decision is extended to all forms of segregation o Race becomes a “Suspect Classification” – guilty until proven innocent ▪ discrimination by race is “inherently suspect” ▪ discrimination by race is treated with “strict scrutiny” • Decline of CRM in Late 1960s o Paradox: success weakens the movement ▪ white backlash and fewer grievances o Movement shifts focus to the north o New leadership; more violence o Partisan DEalignment • Court Action as CRM Declines o Two sources of discrimination ▪ de jure: “in the law”; intentional ▪ de facto: an unintended consequence of private actions o Example: Milliken v. Bradley (1974) ▪ allows de facto discrimination in Detroit public schools • Affirmative Action (AA) o Affirmative Action: programs that enhance opportunities for people that were subject to discrimination in the past o Usually used in higher education and jobs o The easiest way to have an AA program is to use a quota ▪ specific number of positions set aside for specific types of people • Bakke v. UC-Davis (1978) = NO QUOTAS, THEY ARE UNCONSTITUTIONAL o Decision: quotas violate 14th Amendment because they treat people differently ▪ race can be one criteria for candidates, but not the only one o Why this split of the difference?: public opinion • Rights and Other Racial Groups o Other racial minorities have pressed the government to get rights too ▪ other groups model the Black CRM o Latinos face unique challenges ▪ BUT… are a “sleeping giant” that is awakening • Rights of Women o Voting rights via 19th Amendment (1920) o Silent again until 1960s: the “Women’s Movement” – workplace equality, etc. o BUT… unlike race, the Supreme Court does NOT treat women as a “suspect class” ▪ “intermediate scrutiny” is used instead – innocent until proven guilty • Other Groups o The disabled ▪ political pressure leads to greater access to education, work, public accommodations o Gays and Lesbians ▪ increasingly organized, but face direct challenges from opposition groups ▪ but maybe backlash is declining…? • Rights in the U.S. o Rights matter o BUT… rights are hard to get and to keep – not guaranteed, must be demanded for continuously because they can be taken away 19. Social Policy 11/17 • Social Policy o Programs designed to help people in need of assistance o Biggest part of social policy: “welfare state” ▪ provide a minimal standard of living • Welfare State Programs o Entitlements – benefits because of who you are (e.g., Social Security for older people) o Means-Tested – need to prove that you qualify (e.g., assistance to low-income families) • Programs for Seniors o Great Depression highlights problem of elderly poverty o 1935: Social Security Act ▪ monthly payment to citizens aged 65+ o 1965: Medicare ▪ health insurance for seniors • Ho
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