Federal GOV test #3
Dred Scott v. Sanford (1857)
- Dred Scott, a slave, was taken by his owner to the free state (Illinois) and to the free territory of Wisconsin, whereupon Scott sued for his freedom - The Court ruled that Dred Scott was not a citizen and was declared to be the property of his master - Court went further, ruling that all blacks were not U.S. citizens
Students for Fair Admissions (SFFA) v. Harvard and SFFA v. UNC
- Effectively eliminating the use of affirmative action in college admissions - The court's decision ignores prior precedent (see previous slide for cases)
The Start of Reconstruction
- Federal troops entered the South to protect the rights of African Americans. - From 1869 to 1877, blacks were elected to many political offices. - African Americans aligned with the Republican Party.
Gideon v. Wainwright (1963)
- Guarantees the right to counsel / state required to pay for an attorney for the indigent - Right to a speedy and public trial by an impartial jury
Strict Scrutiny
- Highest level of attention - Legislation/government actions that discriminate on the basis of: Race National origin, Religion, Alienage
Congress passed the Civil Rights Act of 1875
- It was intended to protect blacks from discrimination in public accommodations - law was later declared unconstitutional by the Supreme Court
1961 case of Mapp v. Ohio
- Mapp's home was searched absent a warrant. - search found material classified as "obscene" under Ohio state law. - SCOTUS held that evidence obtained from an unreasonable search and seizure could not be used against the accused in criminal state court
Dobbs v. Jackson Women's Health Organization (2022)
- Overturned Roe eliminating the federal constitutional right to abortion. - Roe v. Wade, and Planned Parenthood of Southeastern Pa. v. Casey, are overruled
The First Amendment: Establishment Clause
- Prevents the establishment of an official church - Government cannot favor one religion over another
The First Amendment: The Free Exercise Clause
- Protects the right to practice the religion one chooses - protects the right to be a nonbeliever
Jim Crow Laws (3 laws)
- Required the separation of whites from "persons of colour" in public transportation and schools - Included literary tests, poll taxes, and the grandfather clause, all meant to keep black men from voting. - Bans on interracial marriage and separation between races in public and places of business
Police must obtain warrant for searches based on "probable cause"
- Signed by a judge (Judicial Branch) - Houses or offices - Expectation of privacy
massive resistance
- Southern movement resisting school integration - Supreme Court then ruled in Cooper v. Aaron that such state schemes were unconstitutional
National American Woman Suffrage Association
- Staged meetings, parades, petitions, and protests - Helped win passage and ratification of the 19th Amendment
Cantwell v. Connecticut (1940)
- State law required door-to-door solicitors to obtain a permit before soliciting funds from the public. - State law violated the First and Fourteenth Amendments.
three levels of judicial scrutiny
- Strict scrutiny - Intermediate scrutiny - Rational basis review
District of Columbia v. Heller (2008)
- The Court ruled that the 2nd Amendment provides a constitutional right to keep a loaded handgun at home for self-defense - Direct at Federal government restrictions
Commercial Speech - Limited protection
- The government only needs a rational reason to ban advertising - Public Health Cigarette Smoking Act of 1969 - Prohibited cigarette advertising on television and radio
Mass Media
- Traditional news sources less popular - Rise of nontraditional news media - Cable
Warrantless searches
- With consent - Reasonable suspicion...sufficient justification. - In situations with no expectation of privacy - Questions raised about racial bias in policing
convention held in 1848 in Seneca Falls, NY
- advance the social rights of women - organized by Elizabeth Cady Stanton and Lucretia Mott - convention drafted a Declaration of Sentiments gave women the right to vote
The End of Reconstruction
- ended with the Compromise of 1877 - Southern delegates allow Republican candidate Rutherford B. Hayes to become president - In exchange, federal troops left the South - The South then adopted "Jim Crow" laws, which discriminated against African Americans
Rational Basis Scrutiny
- lowest level of scrutiny applied to challenged laws - Legislation/government actions that discriminate on the basis of: Age, disability, wealth, or felony status.
McGirt v. Oklahoma (2020)
- ruled parts of eastern Oklahoma remained an American Indian reservation - Opened up new avenues for American Indian rights litigation
Civil Rights Act of 1964.
- strengthened the voting rights provisions of earlier (1957 and 1960) civil rights acts - act stated that public accommodations could not be segregated - ended segregation in schools - act made it illegal to discriminate in the hiring, promoting, and firing of employees
Voting Rights Act (1965)
- strengthened voting rights - banned literacy tests as a condition to vote - made it a crime to interfere with efforts to vote
strict scrutiny test
- test places the burden of proof on government to show a law in question on racial discrimination cases is constitutional - Most states initially refused to cooperate with the new laws
Alien and Sedition Acts (1798)
-Banned publications critical of the government -Censored criticism of the government
Rights that states must protect
-Freedom of the press -Freedom of speech -Freedom of assembly
Title IX (9) of the 1972 Education Act
-It prohibits gender discrimination in education. - The Act has helped promote gender equality in education and helped increase women's participation in college sports. - It prohibits sex-based discrimination in any school or other education program that receives federal money.
Slavery, the Civil War, and Speech Censorship
-Publications in favor of slavery were not permitted in the North - In the south, those opposing slavery were not permitted .-President Lincoln suspended free press protections of the First Amendment
President Truman addressed racial discrimination with the President's Commission on Civil Rights (1946)
-The commission detailed the problems with racial discrimination - It also noted the success of racial integration in the military
5th Amendment
...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
14th Amendment
..No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
the constitutional convention , led by Alexander Hamilton and the Federalists
1) Argued that a Bill of Rights was unnecessary 2) The national government was given only delegated powers. 3) Hamilton: "For why declare that things shall not be done which there is no power to do?
State Gun Laws include
1) Background checks on purchasers 2) Limiting bulk firearms purchases 3) Requiring a permit for concealed weapons.
Freedom of Speech: Protected Speech
1) Explicitly political speech and journalism 2) Religious speech 3) Artistic speech 4) Scientific speech 5) Most forms of popular entertainment 6) Commercial advertisements 7)Non-obscene pornography, and even ... dancing
The sources of influence on the marketplace of ideas include
1) Political leaders 2) Private groups and interest groups 3) The media
Substantive
1) limits on what government can or cannot do 2) Cannot establish an official state or national religion 3) Cannot seize private property without compensation
Civil liberties are freedoms guaranteed by the U.S. Constitution
1) natural rights which are inherent to each person 2) While they are commonly referred to as "rights," civil liberties actually operate as restraints on how the government can treat its citizens
Speech plus
1) which is known as SYMBOLIC SPEECH, involves the communication of ideas through the combination of language and action 2) Receives protection from interference by the government (1st Amend) 3) Depending upon the nature of the expression, and the danger it poses to society
New York Times v. United States (1971)
A claimed threat to national security was not justification for prior restraint on publication of classified documents(the Pentagon Papers) about the Vietnam War.
Near v. Minnesota (1931)
A state law allowing prior restraint was ruled unconstitutional
Fisher v. University of Texas (2013)
Does the Equal Protection Clause of the 14th Amendment permit the use of race in undergraduate admissions decisions? Yes
Plessy v. Ferguson (1896)
Established the doctrine that public accommodations could be segregated by race as long as facilities were "separate but equal."
The First Amendment: Freedom of Religion
Establishment clause: freedom from the state imposing any particular religion Free exercise clause: freedom to practice one's religion of choice without state interference
Liberals
Favors the use of government power to regulate the economy and bring about justice and equality of opportunity
Kennedy v. Bremerton School District, (2022)
Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal
19th Amendment/Women's Suffrage
Gave women the right to vote
Fifteenth Amendment (1870)
Guaranteed voting rights for African American men
Direct incitement test
In 1969, the court decided that even speech that advocates for illegal action is constitutional if it is not likely to produce such actions
When Did the Court First Articulate the Doctrine of Selective Incorporation?
In Palko v. Connecticut (1937),the Court found that Palko's retrial in a murder case was constitutional even though it was double jeopardy
Americans with Disabilities Act of 1990
Prohibits discrimination in - In housing - Employment - health care.
New York Times v. Sullivan (1964)
Protects all statements about public official sunless the speaker lied with the intent to defame (malicious intent)
The American National Election Studies
Provides researchers with data of the politics from ordinary citizens
Equal Employment Opportunity Commission(EEOC)
Responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on 1) race 2) color 3) religion 4) sex (including pregnancy, transgender status, and sexual orientation) 4) national origin 5) age (40 or older) 6) disability or genetic information
Survey error
Results that are different from the target population as a whole
Montgomery bus boycott
Rosa Parks refused to give up her seat, leading to a boycott
Korematsu v. United States (1944)
SCOTUS affirmed the conviction of a Japanese American citizen who violated an exclusion order
Tinker v. Des Moines (1969)
SCOTUS recognized the right of public school students to wear black armbands in protest of the Vietnam War
Engel v. Vitale, (1962)
SCOTUS ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment
Texas v. Johnson (1989)
SCOTUS ruled the flag-burning law prohibited some speakers from expressing their views through flag burning, while allowing others to do just that (those wishing to dispose of old flags)
Early 20th century
Socialists and Communists appeal grew with growing immigrant populations their views on government were targeted
Slander
Spoken statements of defamation
University of California v. Bakke (1978)
State may constitutionally consider race as a factor in its university admissions to promote educational diversity
Barron v. Baltimore (1833)
Supreme Court ruling that the Bill of Rights limited only the actions of the federal government, and not the state governments
Lemon v. Kurtzman (1971)
The Lemon test Consists of three major parts 1. Government involvement must have a secular purpose. 2. Its effect is neither to advance nor to inhibit religion .3. It does not promote excessive entanglement between church and state
(Millerv. California) 1973
The Supreme Court defined pornography as a work that: (1) as a whole, is deemed prurient by the "average person" according to"community standards"; (2) depicts sexual conduct "in a patently offensive way"; and (3) lacks "serious literary, artistic, political, or scientific value"
Title IV (4)
The act authorizes the executive branch, through the Justice Department, to implement federal court orders to desegregate schools
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
The exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
Stonewall riots (1969)
a series of protests by members of the gay community in response to a police raid
Thirteenth Amendment (1865)
abolished slavery
Difficulty measuring intensity
about issue or policy
Furman v. Georgia (1972)
banned the arbitrary infliction of the death penalty
Reporting of data
be done by news organizations, university research centers, or campaigns
1868
changes that accompanied the adoption of the Fourteenth Amendment
Fourteenth Amendment (1868)
civil rights became part of the Constitution. ( includes the equal protection clause)
Random digit dialing survey
computer selects a phone number for dialing
Griswold v. Connecticut (1965) SCOTUS established
constitutional protection for the right of privacy ( Marital relations between a husband and wife were a basic "right of privacy older than the Bill of Rights)
Rehabilitation Act of 1973
federal law prohibiting discrimination against people with disabilities
The Gallup Organization
first to use scientific polling methods to determine public opinion
Dawes Act (1887)
forced assimilation. Established a system for land allotment / individually owned
Title VII (7) of the Civil Rights Act
has been crucial in addressing gender discrimination in the workplace
Applying due process to rights listed in the Bill of Rights is called the
incorporation doctrine
Moderates
is a person who takes a relatively centrist or middle-of-the-road view on most political issues
Title VII (7) of Civil Rights Act of 1964 outlaws
job discrimination
Northwest Ordinance of 1787
lands and property should be respected
Civil liberties
limitations on the government's ability to interfere with the individual - Examples: freedom of speech and freedom to worship
The Family and Medical Leave Act (1993)
limited benefits for the birth of a child and in order to care for a newborn child
Immigration Act of 1924
limited the number of immigrants allowed entry into the United States through a national origins quota system
De facto
literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today.
De jure
literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s
Equal Pay Act of 1963
made pay discrimination illegal
Pennsylvania (1780) & Massachusetts (1783)
movement to abolish slavery spread among northerners in the 1830s (The Abolitionist Movement)
Pew Research Center
nonprofit and conducts hundreds of polls on a variety of issues every year
Symbolic speech consists of
nonverbal, non-written forms of communication, such as flag burning, wearing arm bands, and burning of draft cards
Fundamental freedoms protected under selective incorporation include
order, liberty, and justice
Cesar Chavez, United Farm Workers Union
organized farm workers to demand better working conditions
Religious Freedom Restoration Act (RFRA) (1993)
passed by congress prohibits the federal government from burdening a person's free exercise of religion.
The Chinese Exclusion Act (1882)
placed a ban on all new immigrants from China
Effects of Public Opinion on Politics
positive : More knowledge about public opinion than ever before negative: Public more of a critical player in politics, Intensification of "horse race" coverage of elections
Chicago, Burlington, and Quincy R.R. v. Chicago
prohibited the states from taking property for public use without just compensation (States had to prove that state laws were not a misuse of power in regulating the health, welfare, and morals of citizens.)
Civil liberties are constitutionally
protected freedoms
The Fifth Amendment provides a variety of guarantees
protecting those charged with a crime. One is innocent until the state proves that you are guilty
Lack of information
respondents may not have enough information to accurately answer poll questions
the sixth amendment
right to counsel, speedy trial, and impartial jury
Brandenburg v. Ohio
ruled that as long as speech falls short of actually inciting action, it cannot be prohibited even if it is subversive
Civil rights
rules governing who may participate in the political process and how government treats its citizens
Procedural
rules regarding how government must act (Guarantees that citizens receive due process of the law)
Tracking Polls
same small group of people are asked the same set of questions repeatedly over time to measure how their opinions "track"
Civil liberties allow the minority to
speak and act as they desire
Exit polls
special form of in-person poll, are conducted as voters leaves elected polling places on Election Day
Government policies and programs for affirmative action seek to redress past injustices against
specified groups
Commercial speech refers to
speech which promotes at least some type of commerce
Speech plus
speech with physical activity such as picketing or forms of peaceful demonstration or assembly
Literary Digest
straw poll, an unscientific survey used to gauge public opinion
Push poll
survey or poll that isn't designed to collect data but rather to influence or sell something
Conservatives
tend to be someone who favors limited government intervention ,particularly in economic affairs
Title VI (6)
the act mandates the with holding of federal grants-in-aid to school systems practicing racial segregation
Discriminatory laws are inconsistent with the
tradition of liberty
Discrimination
use of any unreasonable and unjust criterion of exclusion
Hate speech
which belittles a person or group, is another difficult issue. When words leave the realm of thought and move into direct and immediate action, the speaker can be held accountable
The 1964 Civil Rights Act gave the president, through the Office for CivilRights, the power to
withhold federal education grants
Native American Rights Fund (1970)
won important victories involving tribal rights. Hunting, fishing, and land rights victories
George Gallup (1901-1984)
wrote his dissertation on how to measure the readership of newspapers at the University of Iowa
Limited response options
yes-no (approve-disapprove) questions / problems with limited response options
Mahanoy Area School District v. B.L. (2021) - Cheerleader case
• Does the First Amendment prohibit public school officials from regulating off-campus student speech? • Her parents, not the school, had responsibility, and her speech did not cause "substantial disruption" or threaten harm to the rights of others
National Association for the Advancement of Colored People (NAACP)
• Established in 1909 • Sought to win political rights • Relied on political pressure and litigation
Some people argue that there must be a "wall of separation."
• Government cannot breach the wall between church and state. • There is disagreement, however, over the height of the wall. • Prayer in school is one such area of conflict
Constitutional Rights of Criminal Defendants
• The Fourth Amendment and Searches and Seizures • The Fifth Amendment: Self-Incrimination and Double Jeopardy • The Fourth and Fifth Amendments and the Exclusionary Rule • The Sixth Amendment and the Right to Counsel • The Sixth Amendment and Jury Trials • The Eighth Amendment and Cruel and Unusual Punishment ( Death Penalty)
McDonald v. Chicago (2010)
- Applied the 2nd Amendment to states and localities, meaning they cannot ban the ownership of a firearm kept in a person's home - However, states and local governments can regulate firearms.
West Virginia State Board of Education v. Barnette (1943)
- Court upheld the rights of children of Jehovah's Witness family - can refuse to salute and pledge allegiance to the flag on grounds their religious faith does not permit it
Polling must meet certain requirements to be useful
- Designing the Survey - Selecting the Sample - Contacting Respondents - Analyzing the Data - Shortcomings of Polling
Roper v. Simmons (2005)
execution of minors violates the prohibition of "cruel and unusual punishment"
Freedom of assembly protects the right to associate with others for a wide variety of political, educational, religious, and cultural pursuits
- As with other fundamental rights, there are limits - The police may break up any gathering that becomes violent or causes a danger to public safety
American National Election Studies (ANES)
- Conducts nationwide survey of the American electorate - Collects high-quality data on voting, public opinion, and political participation
In Brown v. Board of Education (1954), the court overturned the
"separate but equal" doctrine
Executive Order 9066 (FDR)
- 120,000 were forcibly relocated from their homes. Most of their private belongings were lost forever - The camps were not closed until 1944
24th Amendment (1964)
- Abolished the poll tax - Gave Congress the power to enforce this article by appropriate legislation
Grutter v. Bollinger (2003)
- Applied a "strict scrutiny" test to law school's policy - Found the law school's admissions process narrowly tailored to the school's compelling state interest in diversity
Earliest Public Opinion Research
Presidential polling has been around since 1916
Civil liberty protection in the Original Constitution
Article I, Sec. 10: Prohibits "bills of attainder"• singling out individuals or groups for punishment.
Civil liberty protection in the Original Constitution
Article I, Sec. 9: Writ of Habeas Corpus ("produce the body")• deliver a detained person to court. Prohibit "ex post facto laws"• punishing conduct that was not illegal at the time it was performed.
Civil liberty protection in the Original Constitution
Article III, Section 2: Provides for the right to trial by jury
Statists (big government)
Believe in extensive government control of personal and economic liberties
Libertarians (small government)
Believe in limited government interference in personal and economic affairs
Constitutional Convention concluded without a
Bill of Rights
Indian Citizenship Act (1924)
Congress granted citizenship to all Native Americans born in the U.S.
Morse v. Frederick (2007)
Court ruled a school could suspend a student, Joseph Frederick, for displaying a banner that read "Bong Hits 4 Jesus."
Hernandez v. Texas (1954)
Court ruled jury should include other Mexican Americans
Schenk v. U.S. (1919)
Court ruled that speech could be punishable by law if it presented a clear and present danger to society
Santa Fe Independent School District v. Doe (2000)
Court ruled that student-initiated public prayer at school is illegal
Obergefell v. Hodges (2015)- Same-sex marriage
Court ruled that the equal protection clause guaranteed same-sex couples the right to marry
Lawrence v. Texas (2003)
Court struck down a Texas statute criminalizing certain intimate sexual conduct between consenting partners of the same sex
Jim Crow Laws
Laws designed to enforce segregation of blacks from whites
Intermediate Scrutiny
Legislation/government actions that discriminate on the basis of Gender or sex.
Stratified sampling
Method of sampling that involves the division of a population into smaller subgroups
Internet polls
More efficient, less costly, have become increasingly common. (Include larger samples of young people)
Polling to predict winner of elections (1824)
Pennsylvania newspaper tried to predict the winner of that year's presidential contest, showing Andrew Jackson leading over John Quincy Adams
The right to petition is among the oldest in our legal heritage
Today, in Congress and in virtually all 50 state legislatures, the right to petition has been reduced to a formality
Gregg v. Georgia (1976)
death penalty was not a violation of the 8th Amendment
Libel
defamation expressed by print, and writing, or any communication in physical form ( Causes injury to a person's reputation, exposes a person to public hatred, contempt, or ridicule, or injures a person in his/her business or profession)
Filter questions
determine how much a respondent knows about an issue
In 1897 The Supreme Court ruled that
due process clause of the Fourteenth Amendment applied to the states
Atkins v. Virginia (2002)
executing people with intellectual disabilities violates the 8th Amendment
