1. Unit VI: Roles of a Citizen Key Understandings: 1.There is a balance between individual rights...
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1. Unit VI: Roles of a Citizen Key Understandings: 1.There is a balance between individual rights and the power of the government. 2.The Bill of Rights
Unit VI: Roles of a Citizen Key Understandings: 1.There is a
balance between individual rights and the power of the government.
2.The Bill of Rights acts as a safeguard for individuals against
arbitrary powers. 3.A successful democracy requires participation
by an informed electorate. 4.People are born with natural rights
that cannot be denied by other individuals or groups. 5.It is the
peoples obligation to ensure that the government abides by the
Constitution, either through their elected representative or
political participation. 6.The institutions of state and federal
government can influence the rights and liberties of American
citizens 2
Slide 3
Key Terms: Individualism- the moral stance, political
philosophy, ideology, or social outlook that emphasizes "the moral
worth of the individual". Individualists promote the exercise of
one's goals and desires and so value independence and self-reliance
and advocate that interests of the individual should achieve
precedence over the state or a social group, while opposing
external interference upon one's own interests by society or
institutions such as the government. Collective action-
traditionally defined as any action aiming to improve the groups
conditions (such as status or power), which is enacted by a
representative of the group. It is a term that has formulations and
theories in many areas of the social sciences including psychology,
sociology, political science and economics. Economic theory of
collective action is concerned with the provision of public goods
(and other collective consumption) through the collaboration of two
or more individuals, and the impact of externalities on group
behavior. It is more commonly referred to as Public Choice Natural
Rights- Political theory that maintains that an individual enters
into society with certain basic rights and that no government can
deny these rights. The modern idea of natural rights grew out of
the ancient and medieval doctrines of natural law, i.e., the belief
that people, as creatures of nature and God, should live their
lives and organize their society on the basis of rules and precepts
laid down by nature or God. With the growth of the idea of
individualism, especially in the 17th cent., natural law doctrines
were modified to stress the fact that individuals, because they are
natural beings, have rights that cannot be violated by anyone or by
any society. 3
Slide 4
Key Terms: Negative Rights- A right not to be subjected to an
action of another person or groupa government, for exampleusually
in the form of abuse or coercion. I terms negative rights, others
have a duty not to interfere. In other words these are rights that
impose a negative duty on someone else. Examples are free speech
and religious freedom and other liberties. Positive Rights-
Positive rights impose duties or obligations on others to provide
goods or services, or to act in a certain way. Positive rights may
include civil and political rights such as police protection of
person and property and the right to counsel, as well as economic,
social and cultural rights such as food, housing, public education,
employment, national security, military, health care, social
security, internet access, and a minimum standard of living.
Positive rights often necessitate a contract. Utility Maximization-
Notion that people are generally motivated to do what is best for
them, to purchase the most satisfying goods, to make the decisions
that do more good than harm, to improve their overall living
standards and well-being, that is, to maximize their utility.
Rational Decisions- A decision made by person that is intended to
produce the greatest benefit or satisfaction consistent with that
persons highest self-interest. Perceived rational decisions derive
from the information available to the person. There is debate
between philosophers as to whether or not it is even possible to
determine the rationality of other peoples decisions. 4
Slide 5
Key Terms: Equilibrium- Balance between cost and benefits. In
this unit we will look at the cost and benefits to individuals and
society. Tyranny of the majority- The fear that in a democratic
system where majority rules, that the majority can use their voting
advantage to advance their interests so far above those of an
individual or minority group as to constitute active oppression.
Tyranny of the minority- argument that narrow and well organized
minorities are more likely to assert their interests over those of
the majority. Idea that when the benefits of political action
(e.g., lobbying) are spread over fewer agents, there is a stronger
individual incentive to contribute to that political activity.
Narrow groups, especially those who can reward active participation
to their group goals, might therefore be able to dominate or
distort political process, a process studied in public choice
theory. Civil Rights (political rights)- Rights that protect
individuals' freedom from unwarranted infringement by governments
and private organizations, and ensure one's ability to participate
in the civil and political life of the state without discrimination
or repression. Equality- All men are created equal in rights. There
is great debate over the concepts of Equality of opportunity vs.
Equality of outcomes. 5
Slide 6
Key People/Groups: Franklin D. Roosevelt- President of the
United States from 1933 to 1944. Under his watch the New Deal and
the 2 nd New Deal were created and many of the policies are still
around today. John Locke- Enlightened philosopher who reasoned that
man was had natural rights that included; Life, Liberty, and
Property. Man entered into a social contract with government to
protect his natural rights. Revolution was justified in the event
that the government violated mans natural rights. 6
Slide 7
Important Documents and outside readings: The Bill of Rights
Written in 1789, the first 10 Amendments of the Constitution were
written to prevent arbitrary abuses by the national government
against the people or the states. FDRs second Bill of Rights- FDRs
second Bill of Rights- President Roosevelts 1944 State of the Union
address includes what he called a second Bill of Rights. FDRs
second Bill of Rights are economic rights that FDR felt that all
citizens were entitled to enjoy. 7
Slide 8
8 The basic unit of decision making whether socially,
politically, or economically is the individual. It is true that
individuals may form groups, parties, businesses, and other types
of coalitions but each one of these examples comprises individual
decision makers. As an individual we have the ability to make
decisions to improve out lives. We hold these truths to be
self-evident, that all men are created equal, that they are endowed
by their Creator with certain unalienable Rights, that among these
are Life, Liberty and the pursuit of Happiness- Thomas Jefferson
Individual Worth With these words Thomas Jefferson articulates the
most fundamental and important concept of individualism, each one
of us has worth. We all have a life- of course, but consider the
fact that nobodys life is exactly the same. People today and in the
past have lived different types of lives. Some have been rich while
others lived in poverty. Some ended up being famous for doing great
deeds while others lived most of their live in jail. People have
lived and still live different types of lives, but there is one
thing that every person who has ever walked the earth has in common
with each other. It is the simple truth that nobody lives forever.
The resource that is most scarce for each one of us is time. When
you analysis any decision that has an opportunity cost, it is in
its most basic form a measure of time. Our time is limited and is
valuable.
Slide 9
9 Liberty is the ability of each individual to have control
over their own actions and to use their limited time in a manner
that best suits their wants. Self-Interest (utility maximization)
Each individual has been gifted with natural abilities to utilize
in a manner that suits their best interest. We are entitled to the
fruits of our labor. In a way each individuals natural gifts are
their property. And as with other forms of property, we can use
those gifts, we can trade the results of those gifts, and we can
waste those gifts. Each of use has been given the natural rights to
live freely and to make decisions to improve ourselves. Rational
Decisions As individuals we have the opportunity to make decisions
everyday. People make decisions with the intention to improve
themselves and to promote their interests. Perceived rational
decisions derive from the information available to the person. Of
course nobody makes perfect choices every time. And there is even
debate between philosophers as to whether or not it is even
possible to determine the rationality of other peoples decisions. A
rational decision is a decisions that is consistent with the
priorities of a person. Often inconsistencies arrive from either
imperfect information or when people are dishonest with themselves
about what is really important to them.
Slide 10
10 Cooperation and Competition We live in a society with other
people who have just as much of a right to life, liberty, and the
pursuit of happiness and as a result an individual exercising his
or her rights often comes in competition with other individuals
exercising their rights. Society has created institutions to
promote cooperation. Equilibrium As stated in the beginning of the
course there needs to be balance or equilibrium between competing
forces or in other words competing decision makers. What methods or
institutions as society created to ensure cooperation between
competing decision makers? Think socially, politically, and
economically.
Slide 11
11 "We hold these truths to be self-evident; that all men are
created equal, that they are endowed by their Creator with certain
unalienable rights, that among these are life, liberty, and the
pursuit of happiness. That, to secure these rights, governments are
instituted among men, deriving their just powers from the consent
of the governed." The Declaration clearly reflects the founders'
belief that governments are responsible for protecting the
"unalienable rights" of "life, liberty, and the pursuit of
happiness." Since people are clearly capable of abusing the
"natural rights" of others, the government must protect the rights
of its citizens. But the founders also feared arbitrary abuses of
our government against the citizens. THE ORIGINAL CONSTITUTION Most
of the framers believed that the basic "natural rights" were
guaranteed by the original Constitution before the Bill of Rights
was added. Rights specifically mentioned in the body of the
Constitution are: writ of habeas corpus no bills of attainder no ex
post facto laws trial by jury in federal courts in criminal cases
protection as citizens move from one state to another no titles of
nobility limits on punishment for and use of the crime of treason
no religious oaths for holding federal office guarantee of
republican government for all states
Slide 12
12 The Writ of Habeas Corpus "The privilege of the Writ of
Habeas Corpus shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.- Article 1
Section 9 of the Constitution. Habeas Corpus literally means
"produce the body." The writ is a court order requiring government
officials to present a prisoner in court and to explain to the
judge why the person is being held. Suspension of habeas corpus is
a right of Congress, since the passage above appears in Article
One, which defines the powers of Congress. Originally, the writ was
only a court inquiry regarding the jurisdiction of the court that
ordered the individual's confinement, but today it has developed
into a remedy that a prisoner can formally request. A federal judge
may order the jailer to show cause why the person is being held,
and the judge may order the prisoner's immediate release. The
Supreme Court under Chief Justice Rehnquist has severely limited
the use of habeas corpus partly because prisoners on death row have
used it to delay their executions, sometimes for years. Supporters
of habeas corpus believe that judges should be allowed to use their
own judgment in issuing the writs because they are protecting
constitutional rights. Read Article 1 section 9 thinking in terms
of trade-offs (cost/benefits) why Congress write that the Writ of
Habeas Corpus could be suspended if the public safety required it.
Relate this Guantanamo Bay.
Slide 13
13 Ex Post Facto Laws and Bills of Attainder The Constitution
forbids both national and state governments from passing ex post
facto laws. An ex post facto law is a retroactive criminal law that
affects the accused individual negatively. Such laws may make an
action a crime that was not a crime when committed, or they may
increase punishment for a crime after it was committed. On the
other hand, the restriction does not apply to penal laws that work
in favor of the accused. A bill of attainder is a legislative act
that punishes an individual or group without judicial trial. The
Constitution forbids them because the founders believed that it is
the job of the Courts, not Congress, to decide that a person is
guilty of a crime and then impose punishment. Relate the concepts
of perfect information and rational choice to Ex Post Facto
Laws.
Slide 14
14 The Bill of Rights The overwhelming majority of court
decisions that define American civil liberties are based on the
Bill of Rights, the first ten amendments added to the Constitution
in 1791. Even though most of the state constitutions in 1787
included separate bills of rights for their citizens, the original
Constitution mentioned only the rights listed above. These rights
were scattered throughout the articles, with most of the attention
focused on defining the powers of the branches of government, not
on preserving individual rights. Many people were widely suspicious
of these omissions, and in order to gain ratification, the founders
agreed to add ten amendments in 1791, the Bill of Rights. The Bill
of Rights and the 14 th Amendment were created to protect citizens
from the use of arbitrary powers. Why are arbitrary powers so easy
to abuse?
Slide 15
15 The Bill of Rights and the 14 th Amendment can be applied to
our social, political, and economic interactions. It is important
to understand that government does not provide these rights to the
people, we are born with these rights. As a result, we never lose
these rights. For example, we have the same right to voice our
displeasure with a politician as we do to voice our displeasure to
the manager of a restaurant. We dont have to check-in or rights for
some situations and then pick them up late, we carry them with us
every moment of our lives. The following is an abridged version of
the Bill of Rights The First Amendment guarantees freedom of
speech, press, assembly and petition. In addition, it prohibits
Congress from establishing a national religion. The Second
Amendment allows the right to bear arms. The Third Amendment
prohibits the quartering of soldiers in any house. The Fourth
Amendment restricts searches and seizures ("the right of the people
to be secure in their persons, houses, papers, and effects"). The
Fifth Amendment provides for grand juries, restricts eminent domain
(the right of the government to take private property for public
use), and prohibits forced self-incrimination and double jeopardy
(being tried twice for the same crime). Amendment Six outlines
criminal court procedures.
Slide 16
16 Amendment Seven guarantees trial of jury in civil cases that
involve values as low as twenty dollars. Amendment Eight prevent
excessive bail and unusual punishment The Ninth Amendment allows
that Amendments 1-8 do not necessarily include all possible rights
of the people and that those rights are also protected. The Tenth
Amendment reserves for the states any powers not delegated to the
national government specifically in the Constitution. The
Fourteenth Amendment Civil rights are also protected by the
Fourteenth Amendment, with protects violation of rights and
liberties by the state governments. "All persons born or
naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein
they reside. 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. Amendment
Fourteen, Section One
Slide 17
17 Although the Fourteenth Amendment was originally passed in
the post-Civil War era specifically to protect the rights of
ex-slaves, the famous Section One protects many citizens' rights
from abuse by state governments Whereas the Bill of Rights
literally applies only to the national government, the Fourteenth
Amendment is intended to limit the actions of state governments as
well. Section One includes: a citizenship clause that protects
"privileges and immunities" a due process clause that prohibits
abuse of "life, liberty, or property" an equal protection clause
that has been an important basis of the modern civil rights
movement. One important consequence of the Fourteenth Amendment is
the incorporation of the Bill of Rights to apply to the states. The
Bill of Rights originally only limited the powers of the federal
government. For example, in 1833 in Barron vs. Baltimore the U.S.
Supreme Court ruled that the Bill of Rights did not apply to state
laws. It was assumed that the states bills of rights would protect
individuals from abuse by state laws. However, the 14 th Amendment
nationalized the nature of civil rights with this statement: No
State shall deprive any person of life, liberty, or property,
without due process of law. Incorporation happened gradually over
time through individual court decisions that required states to
protect most of the same liberties and rights that the Bill of
Rights protects from federal abuse. These changes are reflected in
numerous court decisions made between 1925 and 1969.
Slide 18
18 Gitlow v. New York (1925)Benjamin Gitlow was arrested and
found guilty of breaking a New York state sedition act when he
passed out pamphlets that supported socialism and overthrow of the
government. Gitlow believed that his freedom of speech was
violated, and the case was appealed to the Supreme Court Even
though the Court did not declare the New York law unconstitutional,
the majority opinion stated that fundamental personal rights were
protected from infringement by states by the Due Process Clause of
the Fourteenth Amendment. Gideon v. Wainwright (1963) Clarence
Gideon appealed the decision of a Florida court to send him to
prison for breaking and entering a pool hall. He based his appeal
on the right to counsel (guaranteed in the Sixth Amendment) because
in the original trial he could not afford to hire a lawyer and was
not provided one by the state court. The Supreme Court ruled in his
favor, again applying the Due Process Clause of the Fourteenth
Amendment to require states to provide counsel to anyone charged
with a felony who was too poor to afford a lawyer. Court Decisions
The Supreme Court continues to shape the definition and application
of civil rights and civil liberties. Although the court has always
played an important role in the protection of civil rights and
civil liberties, it has been particularly active in the modern era
since about 1937. The Supreme Court sets precedents that influence
legislation and subsequent court decisions. The Court's influence
is based largely on judicial review, the power to judge the
constitutionality of a law or government regulation.
Slide 19
19 Legislative Action The Constitution, the Bill of Rights, and
the Fourteenth Amendment protect individuals from actions of
government, but court decisions and legislation protect individuals
from discriminatory actions by private citizens and organizations.
Legislative action is an essential component of the modern civil
rights era, although the courts took the earliest initiatives. The
activist court of the 1960s set precedents that broadly construe
the commerce clause, which gives Congress the power to regulate
interstate and foreign commerce. As a result, through laws like the
Civil Rights Act of 1964, the legislature has played a major role
in combating discrimination. The Constitution, the Bill of Rights,
the Fourteenth Amendment, Supreme Court decisions, and legislative
actions all define the nature of civil rights and civil liberties
in American society, but issues arise which constantly cause
reinterpretations of the sources. Conflicts arise largely because
issues often involve one citizen's or group's rights versus
another's. Remember the rights of one will sometimes compete the
rights of other.
Slide 20
20 First Amendment Liberties "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 the people peaceably to assemble, and to
petition the Government for a redress of grievances." - The First
Amendment The First Amendment protects several basic liberties:
freedom of religion, speech, press, petition, and assembly.
Interpretation of the amendment is far from easy, as court case
after court case has tried to define the limits of these freedoms.
The definitions have evolved throughout American history, and the
process continues today. Economically speaking we can view the
First Amendment as the vehicle that establishes a free market of
ideas. When people can express themselves they impact others around
them and as a result also impact their own reputation. In essence
there is a free exchange of ideas, and we mutually benefit. But as
with free markets there are also negative and positive
externalities. And just as with externalities in the market, the
government will involve itself in dealing with externalities in the
free speech market.
Slide 21
21 Freedom of Religion The 1 st Amendment protects freedom of
religion in two separate clauses: the establishment clause, which
prohibits the government from establishing an official church, and
the free exercise clause that allows people to worship as they
please. Surprisingly, the First Amendment does not refer
specifically to the "separation of church and state" or a "wall of
separation." Those phrases evolved later, probably from letters
written by Thomas Jefferson, but the First Amendment does prohibit
the establishment of a government sponsored religion, such as the
Anglican Church in England. We, as individuals, have freedom of
conscience. Religious liberty, or freedom of conscience, protects
the beliefs of everyone, not just those of recognized faith
communities. We are free to worship or not to worship as we choose.
The government may not tell us what church, synagogue, mosque or
temple to attend or whether, where and how we should pray. As
individuals, our ideas and beliefs are our own. We are free to
develop and express our thoughts. Through our free press, we have
access to a vast range of information. We may criticize our
government if we see fit to do so. Judgments about ideas are for
individuals to make, not for government to decree.
Slide 22
22 The Establishment Clause The Everson v. Board of Education
case in 1947 challenged a New Jersey town for reimbursing parents
for the cost of transporting students to school, including local
parochial schools. The plaintiffs claimed that since the parochial
schools were religious, publicly financed transportation costs
could not be provided for parochial students. The challenge was
based on the establishment clause. The court in this case ruled
against the plaintiffs, claiming that busing is a "religiously
neutral" activity, and that the reimbursements were appropriate.
However, the majority opinion declared that states cannot support
one religion above another. Aid to church-related schools has been
a topic at issue with the establishment clause. In 1971 in Lemon v.
Kurtzman, the Supreme Court ruled that direct state aid could not
be used to subsidize religious instruction. The Courts opinion
stated that government aid to religious schools had to be secular
in aim, and that an excessive government entanglement with religion
should be avoided. As a result of the Lemon v. Kurtzman case, the
Court created the Lemon Test to apply to other cases concerning the
establishment clause. First, the statute must have a secular
legislative purpose second, its principal or primary effect must be
one that neither advances nor inhibits religion Finally, the
statute must not foster "an excessive government entanglement with
religion."
Slide 23
23 However, in recent years the Court has relaxed restrictions
on government aid to religious schools. For example, in 1997 the
Supreme Court overturned Aquila v. Felton, a 1985 decision that
ruled unconstitutional state aid for disadvantaged students who
attend religious schools. A current establishment clause issue is
that of school vouchers that allow individuals to purchase
education at any school, public or private. School districts in
several states, including Florida, Ohio, and Wisconsin, have
experimented with voucher programs. In 2002 the Supreme Court held
that the Cleveland voucher system was constitutional, although
almost all the students used the vouchers to attend religious
schools. The most controversial issue of the separation of church
and state has been school prayer. The first major case was Engle v.
Vitale (1962). In this case, the Court banned the use of a prayer
written by the New York State Board of Regents. It read, Almighty
God, we acknowledge our dependence upon Thee, and we beg Thy
blessings upon us, our parents, our teachers, and our country.
Later decisions overturned laws requiring the saying of the Lords
Prayer and the posting of the Ten Commandments in classrooms.
Probably the most famous establishment clause case is Abington
School District v. Schempp, (1963), was a United States Supreme
Court case in which the Court decided 81 in favor of the
respondent, Edward Schempp, and declared school-sponsored Bible
reading in public schools in the United States to be
unconstitutional.
Slide 24
24 In 1985, Wallace v. Jaffree banned Alabamas moment of
silence law that provided for a one- minute period of silence for
meditation or voluntary prayer. In recent years prayer outside the
classroom has become an issue, with student initiated prayer at
graduation ceremonies and sports events at its focus. In 2000 the
Supreme Court affirmed a lower court ruling that school prayer at
graduation did not violate the establishment clause, but that
prayer over loud speakers at sports events did. The Free Exercise
Clause The free exercise clause does not allow any laws prohibiting
the free exercise of religion. The courts have interpreted the 14
th Amendment to extend the freedom to protection from state
governments as well. Religions sometimes require actions that
violate the rights of others or forbid actions that society thinks
are necessary. The Supreme Court has never allowed religious
freedom to be an excuse for any type of behavior. It has
consistently ruled that people have the absolute right to believe
what they want, but not necessarily the right to religious
practices that may harm society. In 1879, the Supreme Court heard a
case between George Reynolds and the United States. George Reynolds
had multiple wives. He was a Mormon and claimed that his religion
compelled him to commit polygamy. He argued that U.S. law that
outlawed polygamy violated the free exercise clause of the first
amendment.
Slide 25
25 The Supreme Court ruled that freedom of religion protects
the freedom of believe but not always freedom of action. People
cannot excuse themselves from the law because of their religion.
Can a man excuse his [illegal] practicesbecause of his religious
belief? The permit this would be to make the professed doctrines of
religious belief superior to the law of the land, and in effect to
permit every citizen to become a law unto himself. Government could
exist only in name under such circumstances. In addition to
polygamy, the use of poisonous snakes in religious rites, and
prohibiting medical treatment to children based on religious
beliefs have been restricted by the Courts. On the other hand,
Courts have disallowed some government restrictions of religious
exercise, such as forcing flag salutes and requiring Amish parents
to send their children to school after eighth grade. Freedom of
Expression
Slide 26
26 The individual most basic decision maker in society
politically and economically Natural rights- negative rights The
impact of society - when rights compete Individual rights vs
collective action limiting natural rights and providing positive
rights Fear tyranny Tyranny of the majority Tyranny of the minority
Basic natural rights outlined in the bill of Rights and the 14th
amendment For the following rights write about all sub topics if it
applies. Individual Self Worth- we all have equal self worth, the
product of work is not always equal Self Interest (maximize
utility) Rational Decisions- making informed decisions that are
consistent with priorities, only the individual can truly know what
is rational for himself or herself Conflict and Cooperation, when
rights conflict Equilibrium (competing forces balance) cost =
benefit In this situation the private cost= portion of shared
social benefit Or private benefit= portion of share social
cost
Slide 27
27 1st amendment Define and outline An economic interpretation
- free market of ideas, public good, cost/benefits In society In
school In the economy In political Limitations (maybe covered in
economic) 2nd amendment Same 4, 5,6,7,8, 10, 14 9th - only explain
- Madison's fear of the unintentional outcome of a list of rights -
only rights recognized Equality All men are created equal What does
equal mean ? Equal opportunity not equality in results Positive
rights Fdr second bill of rights - agree disagree? America moving
forward and your role Civil rights and civil liberties Economic
interpretation - when can you rights be limited Social rights and
responsibilities
Slide 28
28 Economic decision makers Social decision makers- government
or free market (reputation) enforcement Political decision
makers
Slide 29
29 M. de Lamartine wrote me one day: "Your doctrine is only the
half of my program; you have stopped at liberty; I go on to
fraternity." I answered him: "The second half of your program will
destroy the first half." And, in fact, it is quite impossible for
me to separate the word "fraternity" from the word "voluntary." It
is quite impossible for me to conceive of fraternity as legally
enforced, without liberty being legally destroyed, and justice
being legally trampled underfoot. Nineteenth-century philosopher
Frederic Bastiat summarized the conflict between these negative and
positive rights by saying:Frederic Bastiat Bastait on negative and
positive rights