[PSCI 3325] - Midterm Exam Guide - Ultimate 46 pages long Study Guide!

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7 Feb 2017
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PSCI 3325
MIDTERM EXAM
STUDY GUIDE
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1/26/2017 OneNote Online
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Issues that are not economic
Often considered the culture wars
Often cannot be decided in utilitarian ways
Shared Issue Characteristics
Activists not willing to compromise/issues aren't amenable to compromise
Some things kind of exist on a continuum, where you can split the difference
These issues aren't like that, inherently difficult
Splitting the difference can sometimes make everyone unhappy
Don't Ask Don't Tell Policy, in the end didn't make anyone happy
Typically cannot be resolved through vote-trading or money
Not a matter of money or resources, fundamental values
Politics often takes place outside of representative institutions
Tend to end up in the courts
Hard to resolve using normal legislative methods (vote trading, log rolling, etc.)
Often touch on things that people believe to be constitutional rights
Still tends to make people unsatisfied
Unaccountable federal judges deciding on policy
Some of these cases rely on new/novel understandings of constitutional theory
• Examples
Abortion
Abortions used to be unsafe, but legal
Lots of states started to create laws banning it due to safety concerns
1960s started a modest trend in legalization
1973, 13 cases allowed it for limited reasons, 4 states allowed it for any reason
Trend seemed to continue going that direction
Roe v. Wade
7-2 decision, relied on privacy right, which wasn't brand new in this case
Griswold v. Connecticut
During the first 3 months abortion had to be allowed on demand
After that, there could be regulations and even explicit bans
Planned Parenthood v. Casey
State had a lot of limitations on abortions
Supreme Court didn't make a majority opinion
Changed rule to viability
Abortion could be regulated so long as it does not put an undue burden on the woman
What's an undue burden?
Whole Women's Health v. Hellerstedt
Two regulations made by Texas
Supreme Court struck down the restrictions, nobody could show these restrictions were
useful
Hyde Amendment
No federal funds may be used towards providing abortion services
This wasn't really a big political issue until after Roe v. Wade
Became an issue with the Moral Majority and Christian Coalition
National Right to Life Committee
Other groups have grown for the other side
Emily's List, others
Both sides are very active, get involved in Supreme Court nominations
See Bork with his opinions on Griswold and Roe during his hearing
An example of collective action
People that tend to go out and protest, organize, and what not are the people on the
extremes
However, most people tend to be more in the middle
Abortion rates have fallen greatly in the United States, much less common than 25 years ago
Legal rulings are based on this right to privacy
More recent holdings are based on 14th Amendment Due Process, but still
However, these two things don't always need to be hand in hand
Could be against right to privacy but be for abortion
Could be for right to privacy but be against abortion
Gay Rights
More recent than abortion in terms of legal policy
Lawrence v. Texas
Overturned sodomy laws, based on liberty/privacy
Thomas dissented saying law was silly, but he didn’t think there was a right to privacy
Social Values and Public Policy
Tuesday, November 29, 2016 11:34 AM
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1/26/2017 OneNote Online
https://onedrive.live.com/view.aspx?Bsrc=Share&Bpub=SDX.SkyDrive&resid=15CDBB404D6F9171!45798&cid=15cdbb404d6f9171&app=OneNote&authkey=!Al
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Romer v. Evans
Ballot initiative in Colorado that said no state or local laws could be passed that created
equal protection rights to homosexuals
Struck down by Supreme Court
Can't have a law that forbids laws to guarantee equal protection
But, does the constitution require equal protection?
California had a series of cases trying to determine their state's constitutionality on gay
marriage
Series of cases trying to determine if states had to recognize marriages valid in other states
Obergerefell v. Hodges
Determined yes there is a right to same sex marriage
Grounded in both privacy and 14th amendment right to liberty
Private conduct between two individuals, no overriding state interest in preventing it
Big public organizing with homosexuality around AIDS
Gay community organized to try and get research/treatment for AIDS
Public opinion has shifted pretty dramatically very quickly
Not a lot of decisions related to equal protection at the federal level
Housing, banking, etc.
Separation of Church and State
Establishment clause and Exercise clause sometimes contradict each other
Wall of Separation
Should completely separate church and state
Historical idea
These days it is more of a question of not favoring a particular religion
States weren't required to have any separation at the time
It wasn't until incorporation in the 1940s
Supreme Court has never actually defined what a religion is
Lots of cases that say certain things aren't a religion
No positive definition overall
Religion and schools
Prayer in public schools
Used to just have a prayer over speakers in schools
Courts overruled this idea
Led to questions about where prayer is allowed
Commencement? Football game?
Appears to give approval to a particular religion
Use of public funds to parochial schools
Lemmon v. Kurtzman
In order to use government funds at religious schools, must have a secular
purpose
Must not have a primary effect of pushing a religion
Cannot have excessive government entanglement
You can use public funds to benefit students, but not the school
You can provide textbooks, busses, just not religious things
Special needs provided they take place offsite
Voucher programs bring this question again
Should you be able to use public funds to attend a religious school?
Lots of private schools are religious/have religious affiliations
Supreme Court has upheld vouchers that go towards religious private schools
Religious liberty
Really became an issue in the last 10-20 years
Under what circumstances should someone be compelled/forbidden from doing things
against their religion?
Federal Religious Freedom Restoration Act
Reaction to federal court decision that determined general laws that happen to
conflict with religious beliefs aren't subject to constitutional issues
Congress responded by passing this law, raising the standard
Broadened protections for people with religious beliefs
However, federal law only applies to federal statues
Many states have passed similar RFRAs
Hobby Lobby case
ACA required employer health insurance to cover contraceptives
Objected to most contraceptives as a religious beliefs
Determined this corporation had some religious exemption
Legalization of Marijuana
Not quite as much of a culture wars issue as abortion, not much of a question of right and
wrong
However, there is often a want to discourage questionable practices
Incentives to not do things people don't like
Possibly wanting to limit spillover effects
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