POS 2041 Part 1.docx

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Latin American Studies
POS 2041
Beth Rosenson

Civil Liberties and Civil Rights Liberties: freedoms from Gov. interference Rights: guarantees of equal treatment by Gov. Freedom of Speech  Clear and present danger  Fighting words doctrine – Jehovah witness arrested for calling a cop names  Balancing doctrine – 11 communists convicted under state law for advocating communism  Imminence test – 1969 KKK member; Gov. will only take action if speech causes a imminent threat  Fundamental freedoms doctrine – burning of the flag was protected; expressing opinion Unprotected Speech  Commercial – Ex. Tobacco Companies  Libel – one person devanning another  Obscenity – average persons values; has to contain some form of significance Freedom of Religion  Est. Clause  Standards for constitutionality of laws regarding religion o Law has secular/non-religious purpose o Law‟s primary effect is neutral o Law doesn‟t foster excessive entanglement by Gov. in religion  Free Exercise Clause o Non absolute o Court: Laws that have a compelling purpose while only INDIRECTLY affecting religion are constitutional Civil Rights Act 1964 1. Full and equal enjoyment of goods, services, privileges in places of accommodation 2. Rights to equality in employment opportunities 3. Creates Equal Employment Opportunity Commission 4. Federal funds can be withheld if discriminate Supreme Court limits on CR Bakke case (1978) – racial quotas in edu violate equal protection clause, but ok to factor in race, to promote diversity, so long as you don‟t use an explicit numerical quota. Adarand v. Pena (1995) Polling Sources of Ideology  Political socialization  Primacy principle  Structuring principle  Parents, school  Personal characteristics used to predict political views  Education, income, region, race, religion, gender Political Information  Issue publics  Predictors of political knowledge (on average)  Gender, race, wealth, and age Public Opinion and public policy  Permissive (foreign policy)  Directive (domestic policy) The Constitution Weaknesses of the AOC  Congress can‟t tax  States can limit commerce among themselves  States can issue own currency  Exec not independent if Cong.  No national judicial system  Amendments to Articles needed unanimous approval Diff. Proposals  Virginia Plan (Feds) – proportional to pop. ; Big states  NJ Plan (Anti-Feds) – William Patterson; single chamber; = rep; small state ^ Multi person exec.  Connecticut Compromise- Shermon; large states won out in the House; (2) = in state Principles of the Constitution  Republicanism – power resides in the people  Federalism – power divided between central and state Gov.  Separation of Powers  Checks and Balances Branches  Judicial- tries offenses under fed. Law; resolve disputes among the states; resolve disputes between fed. Gov. and states or between Congress and Pres. Amending  Proposal o 2/3 vote of both House and Senate o Convention called by Congress at the request at the request of 2/3 of state legislatures  Ratification o ¾ of state legislature o ¾ of state ratifying convention Feds vs. Antifeds  Feds – Publius (Madison, Hamilton, Jay); large property owns, merchants from NE and Mid-Atlantic o AoC insufficient o Strengthen national Gov. but feared tyranny of majority 1. Gov. will fall apart if we don‟t 2. States will actually have more power in the new system 3. Used scientific style of argument spoke of axioms and logical necessity  Antifeds – Brutus/Federal Farmer; small farmers, shopkeepers, & laborers o One single legislative body o Rotation o Keep power close to people => Bill of Right Science of arguments  Beardian thesis (Charles Beard 1913) Gordon Wood Response  Historian that argued that the Constitution reflects not just economic interests but ideals and values  Promote individual right to pursue happiness, diff. groups should be balanced and no one interest should dominate  Gov. grounded in consent, contract  Takes “ideas” of Constitution seriously Federalism  Unitary  Confederation  Hybr
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