The 1960 s: Conclusion
|
|
- Sara Wells
- 5 years ago
- Views:
Transcription
1 The 1960 s: Conclusion
2 Elected twice Richard Nixon 1968 when Johnson decides not to run 1972 by a landslide (first election in which 18-yearolds could vote) Opened diplomatic relations with China Initiated détente with Soviet Union Ended war in Vietnam But then Watergate He lacked integrity and left office in shame
3 Watergate Nixon covered up break-in to Democratic National Committee HQ He was threatened with certain impeachment Only one president impeached before: Andrew Johnson Resigned in 1974 A victory for the rule of law and constitutional government, but Reveals the vulnerability of the highest office to corruption
4 The 1960 s Legacy Pro Civil rights for minorities Greater equality for women Youthful idealism for peaceful solutions and service Constitution survives great tests Con Great civil unrest American foreign legacy tarnished Shift in national morals (Drug use and sexual immorality play havoc on health care and family life) Presidency tarnished
5 Do the 1960 s represent a reflection of or a defection from the vision of America s Founders? After Vietnam and Watergate, what is left of the founding legacy? What has changed? What, if anything, has been lost?
6 Common Misconceptions The Decade is defined by its most dramatic events: the War, the Civil Rights movement, the assassinations and protests However, throughout the decade, most voters supported the war in Vietnam. Most voters considered themselves at least somewhat conservative. Only a small fraction of the youth participated in riots, protests, or could be considered Hippies.
7 Summary: Characterizing a Decade The Sixties contained a promise, an augury of possibilities, an eruption of confident energy. Richard Goodwin The belief that American society could match the loftiness of its ideals. Most take the founding seriously. Push the idea of rights and liberties to a more extensive meaning of human development and freedom. Not freedom from but freedom to The idea of freedom as human flourishing. Disappointment and resentment developed when it could not meet those goals and reformulate them immediately for a new age. Reshapes again our understanding of what government is designed to encourage and achieve.
8 Judicial Review: Two Broad Schools of Judicial restraint Thought Policy making rests primarily with legislative and executive branches, and in that order Adjudicate the law according to the original intent of the Constitutional framers Lincoln: the intention of the law-giver is the law Judicial activism Public policy significantly shaped through court decisions Adjudicate the law according to moral/social ideals of current society (as perceived by sitting judges) ( living Constitution ). William Brennan (former SC justice): the Constitution is the lodestar for our aspirations
9 Chief Justice Earl Warren The Warren Court ( ) Advances in liberty during the 50 s and 60 s Brown v. Board of Education Segregation violates individual rights Miranda v. Arizona Rights against self-incrimination Engle v. Vitale Mandatory state prayer violation of the establishment clause in the 1 st Amendment.
10 Tensions: When Liberty meets Public Policy Tensions Brown v. Board of Education: Leads to forced busing of students from one school to another in some states. Miranda v. Arizona: criminals may be increasingly protected at the expense of the law abiding. Arrests invalidated if police officer fails to read the Miranda rights. Engle v. Vitale: concerns about establishment of one religion may impinge on the free exercise of that religion.
11 WHEN IS IT ACCEPTABLE FOR THE COURTS TO OVERRULE THE VOICE OF THE MAJORITY?
12 Protecting Inalienable Rights The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly and other fundamental rights may not be submitted to vote. They depend on the outcome of no elections. Supreme Court Justice Robert Jackson, 1943
13 Preserving the Voice of the People I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court.... At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal. Abraham Lincoln, First Inaugural Address
14 Morality of Freedom Truth: All men are created equal Individual rights to life, liberty and pursuit of happiness are to be enjoyed and perpetuated for all others State has a duty to Protect life at every stage of life See that young life is reared to a state of responsible agency Education, the heterosexual family, minimal welfare needs
15 Newly Claimed Rights Right to fair wage Patients rights Right to die Right to privacy (HEPA, FERPA) Right to not be discriminated against on the basis of race, religion, gender, sexual orientation, etc. Right to clean air (antismoking) Right to choose (abortion) Right to gay marriage Right to education Right to adequate housing Right to health care
16 Majority Rule Con The greatest danger [to liberty is] not found in either the executive or legislative departments of government, but in the body of the people, operating by the majority against the minority. James Madison Pro The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left. Abraham Lincoln
17 Constitutional Interpretation Conservative Strict (narrow) construction Judicial restraint Original intent Liberal Loose (broad) construction Judicial activism (judicial legislation) The living Constitution
18 Warren Court ( ) Griswold v. Connecticut, 1963 Is the right to privacy in the marital relationship protected by the Constitution despite the absence of specific language recognizing it?
19 Griswold v. Connecticut, 1963 Majority: Yes Douglas: The right of association (am.1), prohibitions against quartering troops (am. 3) and unreasonable searches (am. 4), the self-incrimination clause (am. 5), and the reservation to the people of unenumerated rights (am. 9) suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees in the Bill of Rights create penumbras, or zones, of privacy
20 Griswold v. Connecticut, 1963 Concurring opinions: Harlan: Yes, but instead of focusing on Bill of Rights, should have relied on due process clause of the 14 th am., finding this law violative of basic values implicit in the concept of ordered liberty.
21 Griswold v. Connecticut, 1963 Minority: No Black Dissenting Opinion: While the law is offensive, neither the Bill of Rights or Due Process Clause of the 14 th am. invalidates it. Both lead the court into imposing its own notions as to what are wise or unwise laws. What constitutes fundamental values this court is incapable of determining. Keeping the Constitution in tune with the times is accomplished only through the amendment process. Similarly, the due process clause is too imprecise and lends itself to subjective interpretation.
22 Tensions Griswold v. Connecticut: This decision sets the stage for Roe v. Wade The establishment of a right to privacy provides grounds to overturn anti-abortion laws in the states. These laws had made it a crime to procure an abortion except by medical advice to save the life of the mother.
23 Current Judicial Controversies Abortion Rights Gay Marriage
24 Roe v Wade (1973) This case seems to have caused the most political controversy in recent decades. Abortion rights Tension between individual rights and state interest. Tension between individual beliefs and beliefs of a majority.
25 Roe v. Wade Among the most divisive Supreme Court decisions in American history Raises major questions on judicial vs. legislative roles state vs. federal roles public vs. private morality
26 Roe v. Wade In view of a recent decision of the United States Supreme Court, we feel it necessary to restate the position of the Church on abortion in order that there be no misunderstanding of our attitude. The Church opposes abortion and counsels its members not to submit to or perform an abortion except in the rare cases where, in the opinion of competent medical counsel, the life or good health of the mother is seriously endangered or where the pregnancy was caused by rape and produces serious emotional trauma in the mother First Presidency, April 1973 December 11, Judicial Activism
27 What interests does the Court seek to balance in these kinds of cases? State Interests (Justice Blackmun) The state has a legitimate interest in seeing to it that abortion, like any other medical procedure, is performed under circumstances that ensure maximum safety for the patient. State has an interest in protecting prenatal life in assessing the state s interest, recognition may be given to the less rigid claim that as long as at least potential life is involved, the state may assert interest beyond the protection of the pregnant woman alone.
28 The balancing act continued Individual interests (Justice Blackmun) The right to privacy is fundamental and is incorporated as part of the liberty protected by the 14 th amendment due process clause, which provides life, liberty, or property without due process of law. This right of privacy is broad enough to encompass a woman s decision whether or not to terminate her pregnancy. The detriment that the state would impose upon the pregnant woman by denying this choice altogether is apparent.
29 The balancing act defined Because the right to privacy is fundamental, regulation of it may be justified only by a compelling state interest and legislative enactments [regulating abortion] must be narrowly drawn to express only the legitimate state interests at stake.
30 The dissent: Justice Rehnquist It was a stretch of the imagination and legal interpretation to argue that a liberty referred to in the due process clause of the 14 th amendment included a right to privacy that supported abortion even if only during the first trimester of pregnancy. The Court necessarily has had to find within the scope of the 14 th amendment a right that was apparently completely unknown to the drafters of the amendment.
31 Ten Radical Changes Brought to American Law and Life by Roe v. Wade (Courtesy Lynn Wardle, BYU Law School)
32 1. Roe dramatically changed the substance of American abortion law a. Had been criminally prohibited for 200 years in America and 600 years before in England b. All states had restricted abortions before Roe c. Roe forces ALL states to legalize abortion on demand
33 Before Roe, the reason for the abortion, the woman s circumstances, and the condition of the fetus were critically important. Under Roe those considerations became almost entirely irrelevant. It is a woman s private choice period! Before Roe most abortions were illegal; after Roe most abortions were legal. Before Roe abortion for centuries had been fundamentally wrong; after Roe abortion became a fundamental right. The Roe doctrine was, and still is, the most radical in the world. (Wardle)
34 2. Roe resurrected and revived old judicial doctrine of substantive due process Suggests that majority made law is not law because of fundamental rights violations.
35 3. Roe altered American federalism Roe shifted regulatory power from the states to the federal government.
36 4. Roe shifted balance of power between legislative and judicial branches Again, raises questions of separation of powers and fundamentals of democracy
37 5. Roe undermined respect for the rule of law Roe suggests that the Supreme Court can overturn anything, has very few limits on power.
38 6. Roe distorted parent rights Roe progeny restricts parents rights to consultation or notification in abortion cases. Almost all state cases which allow judicial hearings to the minor child allow the abortion without parental notification
39 7. Roe distorted marriage and spousal interests Husbands and father s are not permitted to prevent the abortion of their child
40 8. Roe isolates pregnant women in their privacy Suggests men don t have an interest in procreation and its consequences Suggests society at large has no interest in whether children are born or not
41 9. Roe distorts free speech and freedom of conscience Restrictions on abortion protesters are often more severe than other protests, which courts have upheld
42 10. Roe changed the numbers, rates, rations and practices of abortion Abortions increased dramatically after Roe (but have tapered off slightly in very recent years)
43 Abortion Rates, pre/post Roe 1,600,000 1,400,000 1,200,000 1,000, , , , ,000 0 '72, '80, ' Statistics from the Centers for Disease Control
United States Constitutional Law: Theory, Practice, and Interpretation
United States Constitutional Law: Theory, Practice, and Interpretation Class 8: The Constitution in Action Abortion Monday, December 17, 2018 Dane S. Ciolino A.R. Christovich Professor of Law Loyola University
More informationRoe v. Wade (1973) Argued: December 13, 1971 Reargued: October 11, 1972 Decided: January 22, Background
Street Law Case Summary Background Argued: December 13, 1971 Reargued: October 11, 1972 Decided: January 22, 1973 The Constitution does not explicitly guarantee a right to privacy. The word privacy does
More informationWednesday, April 4 th
Wednesday, April 4 th Citizenship Project is due at the START labs April 5 th or 6 th Deadline for students to review gradebook assignment scores posted is April 11 th NO adjustments will be made after
More informationGriswold. the right to. tal intrusion." wrote for nation clause. of the Fifth Amendment. clause of
1 Griswold v. Connecticut From Wikipedia, the free encyclopedia Jump to: navigation, search Griswold v. Connecticut, 381 U..S. 479 (1965), [1] is a landmark case in the United States in which the Supreme
More informationSearch and Seizures and Interpreting Privacy in the Bill of Rights
You do not need your computers today. Search and Seizures and Interpreting Privacy in the Bill of Rights How has the First Amendment's protection from unreasonable searches and seizures, as well as the
More informationUNIT 5: JUDICIAL BRANCH, CIVIL LIBERTIES & CIVIL. Miss DeLong Exam Review RIGHTS
UNIT 5: JUDICIAL BRANCH, CIVIL LIBERTIES & CIVIL Miss DeLong Exam Review RIGHTS TERMS TO KNOW Original Jurisdiction the jurisdiction of a court to hear a trial first Appellate Jurisdiction the jurisdiction
More informationThe Supreme Court, Civil Liberties, and Civil Rights
MIT OpenCourseWare http://ocw.mit.edu 17.245 The Supreme Court, Civil Liberties, and Civil Rights Fall 2006 For information about citing these materials or our Terms of Use, visit: http://ocw.mit.edu/terms.
More informationAll information taken from the APSA s Style Manual and supplemented by The Chicago Manual of Style (CMS) 17 th ed.
All information taken from the APSA s Style Manual and supplemented by The Chicago Manual of Style (CMS) 17 th ed. No page number appears on the title page (APSA 2006, 11). Right to Privacy and its Constitutional
More informationCivil Rights and Civil Liberties. Aren t They the Same? 7/7/2013. Guarantees of Liberties not in the Bill of Rights.
Civil Rights and Civil Liberties Day 6 PSCI 2000 Aren t They the Same? Civil Liberties: Individual freedoms guaranteed to the people primarily by the Bill of Rights Freedoms given to the nation Civil Rights:
More informationunderlying principle some rights are fundamental and should not be subject to majoritarian control
underlying principle some rights are fundamental and should not be subject to majoritarian control Speech, Press & Assembly CONSTITUTIONALITY: 1 st & 14 th Amendments Intended to PROTECT criticism of government
More informationRoe v. Wade: 35 Years Young, and Once Again a Factor in a Presidential Race VICTORIA PRUSSEN SPEARS
Landmarks Roe v. Wade: 35 Years Young, and Once Again a Factor in a Presidential Race VICTORIA PRUSSEN SPEARS Revered and reviled as perhaps no other Supreme Court ruling of the 20th Century, Roe v. Wade
More informationA More Perfect Union. The Three Branches of the Federal Government. Teacher s Guide. The Presidency The Congress The Supreme Court
A More Perfect Union The Three Branches of the Federal Government The Presidency The Congress The Supreme Court Teacher s Guide Teacher s Guide for A More Perfect Union : The Three Branches of the Federal
More informationUS Government Module 4 Study Guide
US Government Module 4 Study Guide 4.01 The Judicial Branch Created in Article III of the Constitution and consists of a US Supreme Court and lower courts Three basic levels of courts trial appellate supreme
More informationThe Mobilization of Minorities
Name: Chapter 30 Video Guide for Connecting With The Past Big Idea Questions Guided Notes Areas of Concern The Youth Culture New : Many whites that championed rights for minorities Students for a Democratic
More informationTOPIC CASE SIGNIFICANCE
TOPIC CASE SIGNIFICANCE Elections and Campaigns 1. Citizens United v. FEC, 2010 In a 5-4 decision, the Court struck down parts of the Bipartisan Campaign Finance Reform Act of 2002 (BCRA), holding that
More informationMethods of Proposal. Method 1 By 2/3 vote in both the House and the Senate. [most common method of proposing an amendment]
Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing
More informationPolitical Science Legal Studies 217
Political Science Legal Studies 217 Reading and Analyzing Cases How Does Law Influence Judicial Review? Lower courts Analogic reasoning Find cases that are close and draw parallels Supreme Court Decision
More informationAmendment Review 1-27
Amendment Review 1-27 First 10 Amendments make-up the Bill of Rights. Anti-federalist would not approve the Constitution until a Bill of Rights was added. First Amendment: RAPPS 5 Basic Freedoms R: Religion
More informationName: Pd: Regarding Unit 6 material, from College Board:
Name: Pd: AP Government Unit 6 (Ch. 4, and 5) Study Guide 15-30% of course material and May 10, 2016 AP Exam Mastery Questions and Practice FRQs Due on Tuesday 4/26/2016 Regarding Unit 6 material, from
More informationName: Pd: Regarding Unit 6 material, from College Board:
Name: Pd: AP Government Unit 6 (Ch. 16, 4, and 5) Study Guide 15-30% of course material and May 12, 2015 AP Exam Mastery Questions and Practice FRQs Ch. 4 & 5 DUE 4/21/15 Ch. 16 DUE 4/28/15 Regarding Unit
More informationCivil Liberties and Public Policy. Edwards Chapter 04
Civil Liberties and Public Policy Edwards Chapter 04 1 Introduction Civil liberties are individual legal and constitutional protections against the government. Issues about civil liberties are subtle and
More informationAbortion - Illinois Legislation in the Wake of Roe v. Wade
DePaul Law Review Volume 23 Issue 1 Fall 1973 Article 28 Abortion - Illinois Legislation in the Wake of Roe v. Wade Joy M. Peigen Catherine L. McCourt George Kois Follow this and additional works at: https://via.library.depaul.edu/law-review
More informationBig Idea 2 Objectives Explain the extent to which states are limited by the due process clause from infringing upon individual rights.
Big Idea 2: The Courts, Civil Liberties, & Civil Rights Through the U.S. Constitution, but primarily through the Bill of Rights and the 14th Amendment, citizens and groups have attempted to restrict national
More informationCredit-by-Exam Review US Government
Credit-by-Exam Review US Government Foundations and Ideas of the U.S. Government Characteristics and examples of limited government Characteristics and examples of unlimited government divine right unalienable
More informationHPISD CURRICULUM (SOCIAL STUDIES, GOVERNMENT) EST. NUMBER OF DAYS:10 DAYS
HPISD CURRICULUM (SOCIAL STUDIES, GOVERNMENT) EST. NUMBER OF DAYS:10 DAYS UNIT NAME Unit Overview UNIT 4: JUDICIAL BRANCH, CIVIL LIBERTIES AND CIVIL RIGHTS A: JUDICIAL BRANCH B: CIVIL LIBERTIES FIRST AMENDMENT
More informationCivil Liberties: Guns, Privacy, and more! CIVIL RIGHTS AND CIVIL LIBERTIES
Civil Liberties: Guns, Privacy, and more! CIVIL RIGHTS AND CIVIL LIBERTIES The right to bear arms is enshrined in the 2 nd Amendment: A well regulated Militia, being necessary to the security of a free
More informationFundamental Interests And The Equal Protection Clause
Fundamental Interests And The Equal Protection Clause Plyler v. Doe (1982) o Facts; issue The shadow population ; penalizing the children of illegal entrants Public education is not a right guaranteed
More informationStudy Questions. Introduction to the Constitution; mini-course on constitutional rights
Study Questions Class #1 Introduction to the Constitution; mini-course on constitutional rights Readings: Preview the course by skimming this Addendum pp. 2-3 (class schedule); casebook pp. v-xx (Table
More informationAP US GOVERNMENT & POLITICS UNIT 6 REVIEW
AP US GOVERNMENT & POLITICS UNIT 6 REVIEW CIVIL RIGHTS AND CIVIL LIBERTIES Civil liberties: the legal constitutional protections against government. (Although liberties are outlined in the Bill of Rights
More informationThe Social Impact of Roe v. Wade. Although the 1973 Supreme Court case Roe v. Wade has been described by some as a
MICUSP Version 1.0 - POL.G0.01.1 - Politics - Final Year Undergraduate - Female - Native Speaker - Argumentative Essay 1 The Social Impact of Roe v. Wade Although the 1973 Supreme Court case Roe v. Wade
More informationGovernment Final Review
Government Final Review 1)The U. S. Constitution sets up a system of checks and balances to keep one branch of government from gaining too much power. One example is that the President appoints, but the
More informationThe Judicial Branch. CP Political Systems
The Judicial Branch CP Political Systems Standards Content Standard 4: The student will examine the United States Constitution by comparing the legislative, executive, and judicial branches of government
More informationProductivity slows (many guesses why?) Gov t spending, war, oil, Great Society, etc. Foreign companies dominate U.S. companies
Chapter 39 Productivity slows (many guesses why?) Gov t spending, war, oil, Great Society, etc. Foreign companies dominate U.S. companies Nixon plans gradual withdrawal of U.S. troops Doves want immediate
More informationUS Government Review 3.4
Class: Date: US Government Review 3.4 True/False Indicate whether the statement is true or false. 1. The Thirteenth Amendment changed the powers of the national and state governments. Multiple Choice Identify
More informationWEBSTER V. REPRODUCTIVE HEALTH SERVICES 492 U.S. 490; 106 L. Ed. 2d 410; 109 S. Ct (1989)
WEBSTER V. REPRODUCTIVE HEALTH SERVICES 492 U.S. 490; 106 L. Ed. 2d 410; 109 S. Ct. 3040 (1989) CHIEF JUSTICE REHNQUIST announced the judgment of the Court and delivered the opinion for a unanimous Court
More informationYALE UNIVERSITY SURVEY OF HIGH SCHOOL STUDENTS SURVEY C
YALE UNIVERSITY SURVEY OF HIGH SCHOOL STUDENTS SURVEY C 2007-08 We are interested in high school students interest in politics and government. This is not a quiz and we do not expect you to know all of
More informationBasic Concepts of Civil Rights & Liberties
Basic Concepts of Civil Rights & Liberties Similarities & Differences Civil Liberties vs. Civil Rights Terms are often used interchangeably but technically not correct Civil liberties- personal guarantees
More informationChapter Thirty-Two: The Crisis of Authority
Alan Brinkley, AMERICAN HISTORY 12/e Chapter Thirty-Two: The Youth Culture Liberation The Youth Culture The New Left Sources of the New Left The Youth Culture The New Left Sources of the New Left SDS The
More informationNetwork Derived Domain Maps of the United States Supreme Court:
Network Derived Domain Maps of the United States Supreme Court: 50 years of Co-Voting Data and a Case Study on Abortion Peter A. Hook, J.D., M.S.L.I.S. Electronic Services Librarian, Indiana University
More informationDissent by Thurgood Marshall in. Beal v. Doe (1977) Marshall categorically supported a woman s control of her own body, and hence her right to
Dissent by Thurgood Marshall in Beal v. Doe (1977) Marshall categorically supported a woman s control of her own body, and hence her right to choose whether to have an abortion. He gladly joined the majority
More informationOrder and Civil Liberties
CHAPTER 15 Order and Civil Liberties PARALLEL LECTURE 15.1 I. The failure to include a bill of rights was the most important obstacle to the adoption of the A. As it was originally written, the Bill of
More information8th and 9th Amendments. Joseph Bu, Jalynne Li, Courtney Musmann, Perah Ralin, Celia Zeiger Period 1
8th and 9th Amendments Joseph Bu, Jalynne Li, Courtney Musmann, Perah Ralin, Celia Zeiger Period 1 8th Amendment Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed,
More informationThe Heritage of Rights and Liberties
CHAPTER 4 The Heritage of Rights and Liberties CHAPTER OUTLINE I. Applying the Bill of Rights to the States II. The First Amendment Freedoms A. Freedom of Speech B. Freedom of the Press C. Freedom of Religion
More informationExam. 6) The Constitution protects against search of an individual's person, home, or vehicle without
Exam MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Civil liberties are that the government has committed to protect. A) freedoms B) property
More informationCivil Liberties and Public Policy
Civil Liberties and Public Policy Chapter 4 The Bill of Rights Then and Now Civil Liberties Definition: The legal constitutional protections against the government. The Bill of Rights and the States The
More informationStatement of. Wanda Franz, Ph.D. President National Right to Life Committee. January 22, 2007
Statement of Wanda Franz, Ph.D. President National Right to Life Committee January 22, 2007 National Right to Life Committee is the largest pro-life, grassroots organization in America. We may have set-backs
More informationThe Judicial System (cont d)
The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the
More informationVA & US Government Exam Review: 2 nd Semester
Name: VA & US Government Exam Review: 2 nd Semester Bureaucracy 1. What is a bureaucracy? Large, highly organized group that carries out the work of the federal government 2. To which branch of American
More informationThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Bill of Rights and LIBERTY Explores the unenumerated rights reserved to the people with reference to the Ninth and Fourteenth Amendments and a focus on rights including travel, political affiliation,
More informationExam 4 Notes Civil Liberties
Exam 4 Notes Civil Liberties Amendment I (1) 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
More informationAP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation
AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation Article III of the Constitution created a federal judiciary
More informationChapter 13: The Judiciary
Learning Objectives «Understand the Role of the Judiciary in US Government and Significant Court Cases Chapter 13: The Judiciary «Apply the Principle of Judicial Review «Contrast the Doctrine of Judicial
More informationDred Scott v. Sandford
Dred Scott v. Sandford Dred Scott v. Sandford Dred Scott v. Sandford Dred Scott was a Missouri slave. He was sold to Army surgeon John Emerson in Saint Louis around 1833, Scott was taken to Illinois, a
More informationStructure, Roles, and Responsibilities of the United States Government
Structure, Roles, and Responsibilities of the United States Government 6 principles of the Constitution Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism
More informationChapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives
Chapter 16: The Federal Courts The Nature of the Judicial The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers The Courts and Public Policy: An Understanding
More informationAn Independent Judiciary
CONSTITUTIONAL RIGHTS FOUNDATION Bill of Rights in Action Spring 1998 (14:2) An Independent Judiciary One hundred years ago, a spirit of reform swept America. Led by the progressives, people who believed
More informationCivil Liberties. Wilson chapter 18 Klein Oak High School
Civil Liberties Wilson chapter 18 Klein Oak High School The politics of civil liberties The objectives of the Framers Limited federal powers Constitution: a list of do s, not a list of do nots Bill of
More informationChapter 5 Civil Liberties Date Period
Chapter 5 Civil Liberties Name Date Period Multiple Choice 1. What does the Ninth Amendment to the Constitution say? 160 a. All non-enumerated powers of government belong to the states. b. Citizens have
More informationChapter Four: Civil Liberties. Learning Objectives. Learning Objectives
1 Chapter Four: Civil Liberties Learning Objectives 2 Understand the meaning of civil liberties. Understand how the Bill of Rights came to be applied to state governments through the Fourteenth Amendment,
More informationUnited States Government End of Course Exam Review
United States Government End of Course Exam Review Enlightenment Concepts Natural rights- rights that all individuals are born with such as life, liberty, and property. Sovereignty- the idea that the people
More informationPOP QUIZ (COLD WAR) Take out 2 sheets of paper!
U.S. History Mr. Boothby 4/11/2018 The Learning Target : THE STALEMATE 1970 s NIXON/ DÉTENTE/ STAGNATION/ VIETNAM/ MEET MICHAEL JACKSON! http://www.apnotes.net/notes-12e/ch40-12e.html https://www.youtube.com/watch?v=gz0s6b1f-ra
More informationINTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM
Trace the historical evolution of the policy agenda of the Supreme Court. Examine the ways in which American courts are both democratic and undemocratic institutions. CHAPTER OVERVIEW INTRODUCTION Although
More informationFourth Exam American Government PSCI Fall, 2001
Fourth Exam American Government PSCI 1201-001 Fall, 2001 Instructions: This is a multiple choice exam with 40 questions. Select the one response that best answers the question. True false questions should
More informationChief Justice, info Case Name and Year Holding Winners Losers Shorthand /Notes. -Strict Construction Power to tax is the (1819)
Marbury v. Madison (1803) Supreme Court has -Supreme Court -Congress Judicial Review authority to rule Congressional Acts unconstitutional (Judicial Review) McCulloch v. Maryland -Strict Construction Power
More informationAPGoPo - Unit 2 Ch CIVIL LIBERTIES
APGoPo - Unit 2 Ch. 15-16 - CIVIL LIBERTIES A respect for civil liberties and civil rights is one of the most fundamental principles of the American political culture. The founders were very concerned
More informationIn this article we are going to provide a brief look at the ten amendments that comprise the Bill of Rights.
The Bill of Rights Introduction The Bill of Rights is the first ten amendments to the Constitution. It establishes the basic civil liberties that the federal government cannot violate. When the Constitution
More informationChapter 4: Civil Liberties
Chapter 4: Civil Liberties Objective 1: Understand the constitutional basis of civil liberties and the Supreme Court's role in defining them. Define the term "civil liberties." What was the most important
More informationThe Heritage of Rights and Liberties
CHAPTER 4 The Heritage of Rights and Liberties CHAPTER OUTLINE I. Applying the Bill of Rights to the States II. The First Amendment Freedoms A. Freedom of Speech B. Freedom of the Press C. Freedom of Religion
More informationFirst Among Equals: The Supreme Court in American Life Kenneth W. Starr New York: Warner Books, 2002, 320 pp.
First Among Equals: The Supreme Court in American Life Kenneth W. Starr New York: Warner Books, 2002, 320 pp. Much has changed since John Jay s tenure as the nation s first Chief Justice. Not only did
More informationSignificant Decisions. 1 pt. 2pt. 3 pt. 4pt. 5 pt
Judicial Branch Terminology Checks and Balances Significant Decisions Chief Justices Potpourri 1pt 1 pt 1 pt 1pt 1 pt 2 pt 2 pt 2pt 2pt 2 pt 3 pt 3 pt 3 pt 3 pt 3 pt 4 pt 4 pt 4pt 4 pt 4pt 5pt 5 pt 5 pt
More informationTHE AP TENDS TO DEVOTE THE MOST QUESTIONS. The Executive Branch The Bureaucracy The Legislative Branch
THE AP TENDS TO DEVOTE THE MOST QUESTIONS TO The Executive Branch The Bureaucracy The Legislative Branch Where to start? Vocab, vocab, vocab-the more familiar you are, the better Case Law Amendments and
More informationRIGHTS GUARANTEED IN ORIGINAL TEXT CIVIL LIBERTIES VERSUS CIVIL RIGHTS
CIVIL LIBERTIES VERSUS CIVIL RIGHTS Both protected by the U.S. and state constitutions, but are subtly different: Civil liberties are limitations on government interference in personal freedoms. Civil
More informationUnit 2: The US Constitution CE Notes 43: The Judicial Branch
Unit 2: The US Constitution CE Notes 43: The Judicial Branch SWBAT (Students Will Be Able To ) Understand the qualifications for being a Supreme Court Justice Understand the organization and structure
More informationLochner & Substantive Due Process
Lochner & Substantive Due Process Lochner Era: Definition: Several controversial decisions invalidating federal and state statutes that sought to regulate working conditions during the progressive era
More informationCopyright 2014 Edmentum - All rights reserved.
Study Island Copyright 2014 Edmentum - All rights reserved. Generation Date: 04/02/2014 Generated By: Cheryl Shelton Title: 12th Grade Street Law Judicial Intervention 1. The origins of the American political
More information21/12/2009 A SURVEY COURSE. Agenda. 1. Topics Covered on the Exam. 2. Sample Exam Questions. 3. Questions
A SURVEY COURSE Agenda 1. Topics Covered on the Exam 2. Sample Exam Questions 3. Questions 1 Topics Covered on the Exam Federalism (Federal Courts vs. State Courts) Common Law/Primary vs. Secondary Authorities/Stare
More informationSignificant Supreme Court Cases. Around the World Style
Significant Supreme Court Cases Around the World Style Case tried under the Marshall Court Case dealt with the failure of executive officials to serve judicial commissions Expanded the power of the judicial
More informationCourt Cases Jason Ballay
Court Cases Jason Ballay 1. Engel V. Vitale, a Jewish man named Steven Engel challenged, New York law that had mandatory prayers with the wording Almighty God in it. He challanged that it went against
More informationBill of Rights #1-10
The Amendments The Amendments Constitutional government in the United States has changed over time as a result of amendments to the U.S. Constitution, Supreme Court decisions, legislation and informal
More informationAP Gov Chapter 15 Outline
Law in the United States is based primarily on the English legal system because of our colonial heritage. Once the colonies became independent from England, they did not establish a new legal system. With
More informationAppendix C SCPS - Civics EOC Review Guide. Congress. Makes Laws (House of Representatives and Senate) Executive Branch
Three Branches Appendix C SCPS - Civics EOC Review Guide Branch Members of the Branch Role Legislative Branch Congress Makes Laws (House of Representatives and Senate) Executive Branch President Enforce
More informationAP Gov Chapter 4 Outline
AP Gov Chapter 4 Outline I. THE BILL OF RIGHTS The Bill of Rights comes from the colonists fear of a tyrannical government. Recognizing this fear, the Federalists agreed to amend the Constitution to include
More informationCIVIL LIBERTIES AND RIGHTS
CIVIL LIBERTIES AND RIGHTS I. PROTECTIONS UNDER THE BILL OF RIGHTS a. Constitutional protection of fundamental rights is not absolute b. Speech that threatens national security or even fundamental rights
More informationCh. 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights
Name: Date: Period: Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights Notes Ch 5 (pt 2): Civil Liberties: The Rest of the Bill of Rights 1 Objectives about Civil Liberties GOVT11 The student
More informationAPAH Reading Guide Chapter 30. Directions After reading pp , explain the significance of the following terms.
APAH Reading Guide Chapter 30 Name: Directions After reading pp. 267-285, explain the significance of the following terms. 1. American Indian Movement - 2. Betty Friedan 3. Cesar Chavez 4. Counterculture
More informationEstablished judicial review; "midnight judges;" John Marshall; power of the Supreme Court
Marbury v. Madison (1803) Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court McCulloch v. Maryland (1819) Established national supremacy; established implied powers;
More informationHUMAN RIGHTS AND THE AMERICAN CONSTITUTION
HUMAN RIGHTS AND THE AMERICAN CONSTITUTION PROFESSOR DELAINE R. SWENSON RIGHT OF PRIVACY n KNOWN AS THE RIGHT TO BE LET ALONE. THERE ARE SOME AREAS WHERE WE DON T WANT THE GOVERNMENT INVOLVED. n WHERE
More informationAP UNITED STATES GOVERNMENT AND POLITICS CIVIL LIBERTIES AND CIVIL RIGHTS TEXT QUESTIONS
Name: Date: Period: AP UNITED STATES GOVERNMENT AND POLITICS CIVIL LIBERTIES AND CIVIL RIGHTS TEXT QUESTIONS 1. Civil liberties are legal and constitutional protections against A. private enterprise B.
More informationChapters 1, 2, 3, 4 and 5 of Edwards only (nothing from Ellis debate reader, and chapter 6 of Edwards will be on the next exam).
Study Guide for Exam 1: Postponed from September 25 to September 27 in our regular classroom (McCarthy Building C Auditorium) and possibly later depending on how things go with the hurricane. Bring a pencil
More informationHIST TOPIC: Presidents and Popular Culture
HIST 1302 TOPIC: Presidents and Popular Culture PRESIDENTS 1945-1981 Harry S. Truman (Democrat) 1945-1953) The Fair Deal United Nations Established State of Israel Recognized Champion of Equal Rights for
More informationLaw Related Education
Law Related Education Copyright 2006 by the Kansas Bar Association. Revised 2016. All rights reserved. No use is permitted which will infringe on the copyright w ithout the express written consent of the
More informationChapter 8 - Judiciary. AP Government
Chapter 8 - Judiciary AP Government The Structure of the Judiciary A complex set of institutional courts and regular processes has been established to handle laws in the American system of government.
More informationGovernment Study Guide Chapter 4
Government Study Guide Chapter 4 Civil vs. natural rights Natural rights Rights given to you by nature Inalienable Locke: life liberty property Government created to better protect these three Civil rights
More informationYou be the Judge. How the court decided
1 Amendments and their corresponding cases SWBAT identify the development of civil liberties through judicial interpretation. 4: All of 3 PLUS I can apply these precedents to hypothetical cases. 3: I can
More informationRaoul Berger, Government by the Judiciary: The Transformation of the Fourteenth Amendment
Valparaiso University Law Review Volume 12 Number 3 pp.617-621 Spring 1978 Raoul Berger, Government by the Judiciary: The Transformation of the Fourteenth Amendment Thomas H. Nelson Recommended Citation
More informationCivil Liberties Bad-tendency rule curtail speech or other 1 st Amd. If it might lead to an evil (Gitlow)
Government/Politics Anarchy no govt-no laws Aristocracy rule by upper class Consent of people - Conservatism belief in less govt Democracy of, by, for the people Direct democracy small political units
More informationGreat Cases: American Legal History Center for Talented Youth
Great Cases: American Legal History Center for Talented Youth The Great Cases course explores the development of American law with an examination of the legal scholarship and judicial decisions that have
More informationJohn F. Kennedy and the New Frontier
John F. Kennedy and the New Frontier The New Generation -Beat the Depression -Beat fascism in Europe and Japan -Rebuilt the world (especially the West) to be democratic -Best nuclear arsenal in the world
More informationSPRING 2012 May 4, 2012 FINAL EXAM DO NOT GO BEYOND THIS PAGE UNTIL THE EXAM BEGINS. MAKE SURE YOUR EXAM # is included at the top of this page.
Exam # PERSPECTIVES PROFESSOR DEWOLF SPRING 2012 May 4, 2012 FINAL EXAM INSTRUCTIONS: DO NOT GO BEYOND THIS PAGE UNTIL THE EXAM BEGINS. THIS IS A CLOSED BOOK EXAM. MAKE SURE YOUR EXAM # is included at
More informationAPGOPO Unit 5 Study Guide A3
Due: November 30 th (A-day) & December 1 st (B-day) Part 1: Vocab Write a thorough, clear definition in your own words AND explain the significance of the term to get full credit. 1. standing to sue Standing
More information