Pol 101 Test 1

the broad pattern of ideas, beliefs, and values about citizens and government held by a population

different ideas about how American politics/government should run

• liberty
• popular sovereignty
• equality
• individualism
• pluralism

every individual is free to do whatever as long as it doesn't infringe of the rights of others

the theoretical power of the government ultimately stems from the people

worth of every citizen before the law and with political voice

the importance of the individual makes America "unique". What is good for society is what is good for individuals. Each person is responsible for him/herself, to acquire property, better self.

unity through diversity

process of determining how power and resources are distributed in a society without recourse to violence

• allow for change (different parties and people come to power)
• maintaining stability (structure remains relatively unchanged)

• 1. state of nature
• 2. laws of nature
• 3. socical contract

When left to their own devices, men revert to animalistic tendencies. They make no constraints or government.

Men share certain God-given rights even in brutality. Government cannot give or take rights to life, liberty, or property.

agreement formed for government to protect rights. The Framers set up a new social contract.

Seperation of powers: a reaction to what he saw in the English government.

• limited government
• separation of powers
• checks and balances
• federalism
• popular sovereignty

Congress

President

Supreme Court

• ennumerated powers of Congress (Article I, Section 8)
• necessary and proper clause
• supremacy clause (Article VI)
• implied powers
• all powers not specifically granted to National gov are reserved to the States

• admit new states to the union
• coin money
• conduct foreign affairs
• declare war
• establish courts inferior to SC
• make necessary laws
• raise and maintain military
• regulate commerce

• loan and borrow money
• taxation
• law enforcement
• charter banks
• transportation systems

• create local governments
• education
• public safety "police powers"
• registration and voting
• intrastate commerce

• Maryland tried to tax the National Bank
• First time "necessary and proper" upheld

• Monopoly unconstitutional
• interfered with "Commerce Clause"
• first time CC upheld

If states find federal laws, they can nullify and ignore them

• DS and master moved into free territory, sued for freedom
• Missouri Compromise unconstitutional
• Temporarily in favor of states' power

• Public Works Administration: building projects
• Works Project Administration: art projects
• Civilian Conservation Corps: outdoor public projects
• >> tacking unemployment

• National government provided unemployment insurance and old age pensions on a large scale\
• All based on the "Commerce Clause"

• "War on Poverty"
• Aimed to create the "Great Society"
• Scaled like New Deal programs
• Funded by Congress, administered by States
• Medicare- healthcare for elderly
• Medicaid- healthcare for low income
• AFDC/TANF- direct financial aid to low income families

federal funds to states through grants-in-aid

• 1. Categorical Grants: for specific programs
• 2. Block Grants: more spending and flexibility
• 3. Unfunded Mandates: policies with no funding attached

• OSHA (1970)
• ADA (1990)
• No Child Left Behind (2001)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.

• "Harm Principle"
• "Marketplace of Ideas"

You have have freedom of expression up to the point that it could hurt someone.

Concept that everyone should be allowed to express their political opinions and let them compete. The good ones will survive and the crazies won't go underground and attempt revolution.

• freedom of religion
• freedom of speech
• freedom of the press
• peacable assembly
• petition the Gov

• Schenk was secretary of a state socialist party
• circulated paphlets encouraging men to dodge to draft
• arrested under the Espionage Act
• SCJ Holmes wrote that the freedom of expressin must be limitied if there is a "clear and present danger" coming from it
• S went to jail

• G was a communist arrested for violating criminal anarchy laws
• conviction upheld, court incorporated its interpretation of First Amendment to the states

• interstate milk shipments
• Footnote Four by Justice Stone
• "Preferred Freedoms" Doctrine
• Strict Scrutiny Test

some freedoms need more protection than others because they are more important to the citizenry

The SC looks really hard at cases that want to be upheld at the expense of certain rights. Not usually upheld.

• Leader of Ohio branch of KKK. Wanted to invite newspeople to publicize a rally
• Footage gets out; B arrested on an earlier law against spreading unpatriotic views
• Conviction overturned.
• Until B is about to incite "imminent lawless action", his right to expression must be protected. This test is still the standard for any free speech case that makes it to the SC.

• when people interpret action as speech
• generally protected under First Amendment

• burned draft cards on the courthouse steps
• arrested for violating 1965 Selective Service Act
• Protected by symbollic speech.

• Students wore black armbands to protest war/grieve for soldiers.
• Principal wanted them stopped.
• SC protected their speech.

• Burned an American Flag outside Republican Nation Convention
• SC protected right to protest by burning flag.

• A Nazi group wanted to march in an Illinois town with a large Jewish population. They were allowed to.
• St. Paul cannot outlaw the use of swastikas or burning crosses.
• Obscenity with political or social importance can be shut down based on community standards. SLAPS test.

• Founders wanted Press to be able to report to the citizenry so they could make informed decisions
• Perform a watchdog function
• Act as a "fourth branch" of government
• Wanted to protect Press from censorship/prior restraint

• Near owned a tabloid paper running anti-Semetic stories
• violated Minnesota law
• Near sued and won against censorship
• Resulted in a Censorship Test

• Matters of National Security
• Regulation of Obscenity
• Prohibition of expressions that incite violence

• "Pentagon Papers"
• Reports of Tankan and other US screw-ups
• NYT and Washington Post wanted to report what wasn't going to endanger active ops.
• Nixon administration wanted them stopped
• SC ruled against the censorship of the papers because the event they concerned were over and not connected to current troop movements

• Sullivan was an Alabama Official
• NYT ran a full page ad about the use police against Civil Rights workers, calling out Sullivan in particular.
• Sullivan sued for libel.
• SC he had to prove malicious intent to have a shot at winning.
• Easier for private citizens than elected officials.

speaking something patently false against someone with malicious intent

printing a malicious falsehood

Most issues about religion didn't come before the SC until the 1940s. It was pretty much left to the states.

• Everson v. BOE (1947)
• Engel v. Vitale (1962)
• Abington Township v. Schempp (1963)
• Lemon v. Kurtzman (1971)
• "Lemon Test"

• Cantwell v. Connecticut (1940)
• Sherbert v. Verner(1963)
• Wisconsin v. Yoder (1972)
• Sherbert-Yoder Test
• Employment Division v. Smith

• NJ was reimbursing parents for transportation costs of taking their children to parochial schools.
• SC ruled that NJ could reimburse. It was a neutral action to help the children.

• In NY, school board was writing a non-sectarian prayer.
• SC ruled that because kids are a captive audience, you can't force them to listen to religious things, regardless of which religion
• Ruled no prayer in public schools

Ruled no Bible readings or Lord's Prayer Recitations

• PA policy of funding secular education at religious schools
• Allowing state-paid teachers to teach at parochial schools and buying textbooks for non-religious courses
• Lemon Test

• 1. Must have a secular purpose
• 2. Primary effect neither advances nor prohibits religion (neutral)
• 3. Not foster excessive government entanglement with religion

• Jehovah's Witness folks wanted to hnad out pamphlets on the street.
• Nobody liked them and they were arrested
• Cantwell sued.
• SC ruled in favor of free excercise.
• Incorporated free exercise clause to the states

• Adelle Sherbert was a Seventh Day Adventist textile worker.
• Wouldn't work on Saturday Sabath, was fired
• Sued.

Wisconsin could not force Amish children to finish school.

• 1. Compelling government interest
• 2. Least restrictive manner possible

• Smith said taking peyote was part of his religion
• interfered with his ability to hold a job
• valid and neutral law of general applicabillity

• Regarded availability of contraceptives
• Griswald gave them out at her clinic, was arrested.
• Court recognized a constitutional right to privacy in the "penumbras" and "emanations" of 1st, 3rd, 5th, 9th, and 14th amendments. It's implied.

• right to abortion
• Scrutiny Test: because of Griswald, states can't outlaw abortions, but they can regulate clinics

• States can regulate abortions as long as they don't put "undue burdens".
• Intermediate Scrutiny of any actions that might target women.

• habeas corpus
• bills of attainder
• Procedural due process
• icorporated over drawn-out time
• prior to 1960, states did not adhere to these rights

search and siezures must have probable cause

• double jeopardy/self-incrimination
• >> due process of law

right to legal counsel as well as trial by jury

no cruel, unusual, or excessive punishment (objective)

• incorporated 4th Am against search and seizure
• exclusionary rule: evidence gained illegally is inadmissible

• Only confessions made after being advised of rights can be counted
• Incorporated 5th Amendment against self-incrimination

incorporated right to jury trial in criminal cases

upheld institution of slavery. Prohibited government from prohibiting states

outlaws slavery in all US territories

• Due Process
• Equal Protection
• Not incorporated until later

Franchise for all men

Southern states began to ignore the 14th and 15th Amendments and make Jim Crow laws.

• Plessy is 1/8 black, very fair-skinned.
• Buys a train ticket in the white section
• When the train leaves, he informs the conductor of his race.
• Refuses to move, arrested
• Case goes to the SC.
• Upholds segregation.
• "Separate but equal"
• Major increase in JC Laws

• poll tax
• literacy tests
• Grandfather clause
• Understanding tests
• White-only primary

If a relative was able to vote before 1867, you can vote now.

Law professor difficult tests about interpreting the State Constitutions

• Judiciary is the only non-partisan branch
• If NAACP can get enough cases in the system, laws can be struck down.

struck down all-white Texas primary

Struck down housing covenant about not selling to blacks

• Equal access to highter education
• SC struck down segregation in facilities of higher educaiton

• Brown wanted to go to the school closest to her home, but it was a white school
• Thurgood Marshall argued that segregation is inherently unconstitutional, showing blacks they are unequal citizens.
• SC overturned Plessy.
• Massive resistance in the South.
• L
• Kick-started Civil Rights Movement

White Citizens' Council Formed in MS

• Rosa Parks arrested
• bus boycott
• MLK becomes prominent

Little Rock integrated

sit-ins at segregated lunch tables

Freedom riders test newly desegregated interstate transportation

James Meredith enrolls

• Bull Connors turned hoses on protestors
• MLK arrested
• wrote famous letter

• 1964- People came to MS to register voters, etc.
• 3 kidnapped
• later killed

Eliminated poll tax

• No discrimination/segregation of government facilities, employment
• enabled attorney general to enfore integration

• Pre-clearance: Department of Justice had to clear any changes in voting procedures
• ended disenfranchisement practices

• laws intended to discriminate
• ended as a result of the CRM

• Discrimination in outcome of law
• affirmitive action
• busing

• Seneca Falls, NY
• first wide-scale public meeting to discuss women's rights
• Susan B. Anthony
• Elizabeth Cady Stanton
• Abolitionists as well, wanted provisions in the 14th and 15th Amendments for women
• State-by-state approach
• Wyoming first to grant woment suffrage (1869)

• Alice Paul
• Wanted national franchise for women
• Protested at White House during WWI, upseting folks
• Arrested, sent to jail where they went on hunger strikes.
• Led to 19th Amendmetn

• women's franchise
• barely passed
• Equal Rights Amendment
• Equal Opportunity Employment Commision
• Equal Pay Act (1963)
• Women still only earn 75% as much as men

• Strict
• Intermediate
• Rational Basis

• assumed unconstitutional without overwhelming justification
• applies to anything suspect
• race, ethnicity, religion

• "almost suspect"
• gender

• possible discrimination (constitutional unless you can prove they shouldn't be)
• age, income, sexual orientation