Gov 310L module 4

Alien and Sedition Acts

(1798) laws passed by a Federalist-dominated Congress aimed at protecting the government from treasonous ideas, actions, and people violated first amendment. permitted harassing and jailing of people critical of govt

McCarthy Era

(1940s-early 50s) unjust oppression of communist ideology.

defense of marriage act (DOMA)

(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage. unconstitutional in 2013-violated 5th amendent.

Bakke v. UC Davis (1978)

(Regents of the University of California v. Bakke) Invalidating admissions quota system based on race, where no showing of institution-specific history of discrimination. Racial preference for its own sake unconstitutional. Diversity a valid goal, but must be "narrowly tailored" to achieve. racial&ethnic minority spots. Bakke argued UC Davis discriminated based on race and some applicants were unfairly denied. Court ruled that affirmative action is not unconst. : diversity and strict scrutiny, compelling state interest. Threw out Davis's practice; not narrowly tailored enough. ruled unconstitutional a university's use of racial "quotas" in its admissions process, but held that affirmative action programs could be constitutional in some circumstances.

Modern Civil Rights Movement as a Case Study 4 strategies:

1. Legalism: NAACP using the court system produced important rulings (Plessy v.Ferguson 1896 "separate but equal," Sweatt v. Painter 1950, Brown v. Board of Education 1954), but also had clear limitations 2. Non-Violent Direct Action (NVDA): Civil disobedience, like the Montgomery BusBoycott of 1955, helped to form leaders as MLK and mobilize support, but alsofound clear obstacles and costs. 3. Political Action: SNCC and CORE as major groups, organizing massive actions suchas the Freedom Summers and the March on Washington to demand Civil Rights Actand Voting Rights Act. Limits: Small initial impact and internal divisions 4. Black Power: Atlanta Project and the Black Panthers

Orlando Patterson: 3 types of rights

1. Personal: absence of coercion or restrictions 2. Sovereignal: power to act 3. Civic: Participation in community life

Civil Rights Amendments

13th Amendment (abolishment of slavery), 14th Amendment (redefinition of civil rights and liberties), 15th Amendment (voting rights to all adult male citizens), 19th amendment - women vote. The Thirteenth Amendment that Never Was: The Corwin Amendment

Foner's Natural Rights

1. Civil Rights: equality of treatment under law, protection of natural rights 2. Political Rights: Voting and participating in political life 3. Social rights: Right to choose personal and business associates

Slaughter House cases (1873)

14th only for AA Jim Crow laws In these cases, the court ruled that the Fourteenth Amendment applied only to the federal government, not to state governments in 1873, ruled that a citizen's "privileges and immunities," as protected by the Constitution's Fourteenth Amendment against the states, were limited to those spelled out in the Constitution and did not include many rights given by the individual states

voting rights movements

1800s- 1920 women and 18-20 yr. olds' right to vote.

brown v. board of education (1954)

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Civil Rights Act of 1964

1964; banned discrimination in public accommodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal banned discrim. nat. govt protects rights

rights of accused

4th amendment - right against unreasonable search and seizure 5th amendment - Protection of rights to Life, Liberty & Property. 6th amendment - right to speedy and fair trial

fundamental right

A basic right of all Americans, such as First Amendment rights. Any law or action that prevents some group of persons from exercising this type of right is subject to the "strict scrutiny" standard, under which the law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet that interest

Black Panthers

A black political organization that was against peaceful protest and for violence if needed. The organization marked a shift in policy of the black movement, favoring militant ideals rather than peaceful protest. Rootes in alabama, centered in oakland. symbol of power and independence. black vs american culture. positive: provided services.

gideon v. Wainwright

A landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. (6th amendment)

miranda rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona. A process in which arrested people are informed of their constitutional rights. right to silence, no self-incrimination

Civil rights movement

A social movement of the 1950s and 1960s focused primarily on the situation of African Americans, but also promoting the goals that all people be treated as equals under the law and that discrimination based on race, religion, ethnicity, gender, and place of origin be eliminated states' rights for race. MLK, Jr. non-violent protests for AA rights. Birmingham, Alabama - violent police actions at peaceful protests. affirmative action for universities. initial institutions failed to protect minorites from "tyranny of majority".

non violent direct action (NVDA)

A strategy of confrontation inspired by Gandhi (and later MLK) whose goal was to break unjust laws and expose injustice and demand change. 1st step: investigation 2nd step: negotiation 3rd step: self-purification 4th step: direct action. political action. civil disobedience of unjust law. Limits: people lost lives, land, jobs; mixed effectiveness, especially outside south; limited effect on political power structure (concessions, don't effect underlying power)

The Corwin Amendment

A suggested 13th amendment that would make slavery legal

Susie Phipps v. State of Louisiana (1982)

Middle aged woman that challenged her racial designation, based on a 1970 Louisiana Statute.

US v. Jones (2012)

No GPS tracking devices on vehicles violated 4th amendment

Dred Scott (1857)

Court decided that all people of African ancestry-slaves as well as those who were free-could never become citizens of the US and not sue in federal court. Court also ruled that the federal government did not have the power to prohibit slavery in its territories overturned by 14th amendment (1868)

Brandenburg v Ohio (1969)

Landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.

Jim Crow laws

Laws passed after the Civil War to establish a system of segregation of public facilities and private establishments that made African Americans second-class citizens.

Chaplinsky v New Hampshire (1942)

The Court ruled that the first amendment did not protect "fighting words" (fighting words doctrine). govt can regulate speech if fighting public (ex: limits kkk hatred speech)

Korematsu v. US (1944)

The court upheld the constitutionality of the detention of camps for the Japenese during WWII

imminent Lawless Action

The current Supreme Court doctrine for assessing the constitutionality of subversive speech; to be illegal, speech must be "directed to inciting imminent lawless action". Free speech has evolved over time. (e.g. Brandenburg v. Ohio) Court backs off fighting words. Bad tendency - govt can regulate speech if it harms public. ex: Westboro baptist church protesting dead soldiers' funerals - rights of family v. freedom of speech

Jacobson v Massachusetts

US Supreme Court upheld a Massachusetts law that authorized local boards of PH to "require and enforce the vaccination and re-vaccination of all inhabitants" of their city/town and provide them with free vaccination. mandatory small pox vax.

Schenck v. US (1919)

Unanimously upheld the Espionage Act of 1917 which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a "clear and present danger." speech clear and present danger to public.

9th amendment

Unenumerated Rights

Political action

control of ballot box. ex: SNCC (student non-violent coordinating committee), CORE (congress of racial equality) running blacks for office. voter registration projects. March on Washington to demand Civil Rights Act and voting rights act. Limitations/criticisms: 1. limited initial increase in registered voters 2. few blacks elected until 1970s 3. splintering of the mvmnt. (rise of more radical "black power" eventually) 4. public support clips w/ riots in watts and newark; main actors take stances on vietnam war --> lose support. americans uneasy w/ radicalization of civil rights.

What is the principal reason that American courts must depend on legitimacy to ensure compliance w/ their decisions.

courts usually lack independent mechanisms to enforce their decisions

Loving v. Virginia (1967)

deemed unconstitutional all interracial breeding laws

1960s vietnam protestors

fierce reprisals from govt and police. controversial if unjust.

American Communications Association v. Douds (1950)

held that the Taft-Hartley Act's imposition of an anti-communist oath on labor union leaders does not violate the First Amendment to the United States Constitution, is not an ex post facto law or bill of attainder in violation of Article One, Section 10 of the United States Constitution, and is not a "test oath" in violation of Article Six of the Constitution.

role of courts

protect minorities and indiv. rights from govt and other indiv. decide if rules are constitutional, protect unpopular opinions, very limited censorship.

weiner v. cuyahoga college

response to Johnson administration's plan for Cleveland (funding a project for cuyahoga college). weiner didn't practice affirmative action in his building plan (didnt specify using aa workers), discriminatory practices of union. Ruled against weiner - upheld right of affirmative action. weiner failed to provide affirmtive action "manning tables" (groups of workers - employment matches percentages of city)

Alabama miscegenation law

state laws passed by individual states to prohibit miscegenation, nowadays more commonly referred to as interracial marriage and interracial sex. Loving v. Virginia ruled unconstitutional - social rights violation.

plessy v. ferguson (1896)

states had the right to impose "separate but equal" facilities on citizens

Black power

Atlanta project (redefine goals of movement, some people left and made Black Panthers), black nationalism (no partnership with whites, establish own community), cultural nationalism (adopt culture of africans, political action)

Barron v. Baltimore (1833)

Bill of Rights was NOT applicable to the states; only applied to nat. govt

Griswold v. Conneticut (1965)

Civil liberties, closely related to the bill of rights: The right of consenting adults to use birth control is a privacy right protected under the 4th. 9th, and 14th amendments banning contraception = unconstitutional right to privacy 9th amendment implies marital privacy.

4th amendment

Freedom from unreasonable searches and seizures

civil liberties

Freedoms protected from interference by the government, such as freedom of speech and freedom of religion. **negative rights. Freedoms protected from interference by the government or others. fundamental freedoms that together preserve the rights of a free people. ex: vaccination rights

Pentagon papers

Government documents that showed the public had been lied to about the status of the war in Vietnam

Equal Rights Amendment

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

sweatt v. painter (1950)

-Conserves Seperate but equal rule. Sweatt will apply to ut school of law 1946. He met the requirements but he was black so he was denied. This gave the states the opportunity to open and separate but equal school. but it wasn't considered equal So Sweatts app is reconsidered and he is then admitted. overturned segregation in higher education

Roe v. Wade (1973)

An extremely controversial Supreme Court decision in 1973 that, on the basis of the right to privacy, gave women an unrestricted right to abortion during the first three months (first trimester) of pregnancy. "right to choose". Religious view: rights of human at moment of conception. Proponent view: right for women to protect/regulate reproduction. govt invasion of privacy. First&Second trimester boundary - balance rights of women and rights of states.

intermediate scrutiny

An intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances "an important government objective" and is "substantially related" to the objective. (ex: discrimination based on sex)

Affirmative action

Efforts to redress previous discrimination against women and minorities through active measures to promote their employment and educational opportunities. quotas were declared unconstitutional, though. In order to end discrimination individuals would have to lose something. ex: university admissions

montgomery bus boycott (1955)

In 1955, after Rosa Parks was arrested for refusing to give up her seat on a city bus, Dr. Martin L. King led a boycott of city busses. After 11 months the Supreme Court ruled that segregation of public transportation was illegal. target white power w/ economic pressure. Rosa parks, MLK. MLK rises as leader. Pressure on white elites. also applied in selma, atlanta, chicago. mobilized blacks, white northern supporters. provoked counter mobilizations.

Right to counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation. e.g. powell v. arizona (1932), gideon v. Wainwright

Estelle v. Gamble (1976)

Inmates have a constitutional right to reasonable medical care; must provide adequate jail conditions (8th amendment)

Americans with Disabilities Act of 1990 (ADA)

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings. amended and updated in 2008. banned discrim. resonable accomadations.

Virginia Bill of Rights

Protected freedom of religion, freedom of the press, gave citizens right to a trial by jury, other states followed and added Bill of Rights to their constitutions - 1776

negative rights

Restrictions on what the government or other people can do to you. government should only enforce negative rights. Historically there has been a shift from positive rights to negative rights. Negative rights can often be conflicting in nature where a compromise has to be reached. In certain situations like public health, collective good takes priority over individual choice. Civil liberties are negative rights. ex: freedom of speech (censorship is infringement) Libertarians argue that gov. only enforces these rights.

5th amendment

Right of Accused Persons/ Indictment of Grand Jury (1) No Self-Incrimination (Miranda) (2) No Double Jeopardy (defendant cannot be tried again on the same, or similar charges) (3) No deprivation of life liberty or property without "due process of law" (fair treatment) (4) Eminent domain

positive rights

Right to have something and therefore obligations imposed. ex: trial by jury - gov. obligated to do. ex: healthcare

Remonstrance

Right to petition to government but requires the government to respond, allowing for greater dialogue between government officials. govt must respond!

Civil Rights

Rights that (1) enable individuals to engage in activities central to citizenship or legal immigrant status, such as voting or petitioning the government; (2) ensure all individuals receive due process and equal treatment under the law; or (3) guarantee freedom from discriminatory actions by others that seek to deny an individual's full status as an equal member of society. basic rights government have to ensure for all its citizens. Rights enable citizens to engage in activities central to citizenship (guarantee freedom from oppressive actions, equal rights=equal members, what govt needs to secure).

strict scrutiny

The highest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered unconstitutional unless it advances a "compelling state interest" and represents the least intrusive means.

rational basis test

The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is assumed to be constitutional as long as its goals are clearly linked to its means.

powell v. arizona (1932)

The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial.

reamey's rule

The primary remedy in illegal search cases is known as the "exclusionary rule". This means that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at his or her trial. (4th amendment)

equal protection

The principle that laws passed and enforced by the states must apply fairly to all individuals.

6th amendment

The right to counsel in criminal trials (1) Speedy and public trial (2) Accused must be told charges (3) right to counsel (free lawyer if poor) (4) right to jury in criminal cases

due process

The right to legal protections against arbitrary deprivation of life, liberty, or property.

Fighting words doctrine

a limitation to freedom of speech as protected by the First Amendment to the United States Constitution. In 1942, the U.S. Supreme Court established the doctrine by a 9-0 decision in Chaplinsky v. New Hampshire.

natural law

a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. "God given"

manning tables

a survey chart or inventory for scheduling manpower requirements in an industrial plant typically showing each operation with number of workers and time required, each worker classified as to job, experience, handicaps, and the minimum time for training a replacement

balancing test

any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such tests argue that they allow a deeper consideration of complex issues than a bright line rule can allow. e.g. Judge Learned Hand, ACA v Douds 1950

Why protect Rights and liberties?

balance of opinions. ensuring order and freedom. people possess certain unalienable rights. beneficial for innovation and economics. dynamic, wealthy, free society (utilitarian).

USA Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties terrorism fears

right against self-incrimination

miranda v. arizona (miranda rights) baseball & steroids (didn't admit)

Richard King's Liberal Freedom

the absence of arbitrary legal or institutional restrictions on the individual: Freedom as Autonomy, Participatory Freedom, Collective Deliverance (not only for individuals, but also for groups)

Fisher v. University of Texas (2013)

the case involves a white woman who was denied admission to the University of Texas, Which takes race and ethnic city into account and its mission decision, She sued on the grounds that she was denied admission because she was white, but court ruled in favor of UT and affirmative action.

age of enlightenment

the time period in the 1700s during which many Europeans began to break away from tradition and rethink political and social norms the era in which cultural and intellectual forces in Western Europe emphasized reason, analysis, and individualism rather than traditional lines of authority government limitations, protecting minorities (from opression)

Legalism

using court system Limits of legalism: 1. expensive 2. incremental, slow 3. puts burden on victim 4. elite-driven (not much engagement of public)