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Unit 1 Constitutional Underpinnings
Goals of the US ConstitutionCreate a strong union of statesEstablish justicePreserve Domestic OrderProvide for the common defensePromote general welfarePromote individual freedoms
Constitution Remedies the Articles of Confederation Creates Federalism
A balance between the national and state governments
National government could tax Congress could regulate commerce
between the states and foreign nations Article II created an executive
department to enforce laws Article III created a national judiciary
with a Supreme Court and lower courts established by Congress
Constitution Remedies the Articles of ConfederationOnly the national government could coin
moneyStates are represented based on population
in the House of Reps and equally in the Senate
Bills need a simple majority in the House and Senate
2/3 of Congress and 3/4of the states are necessary to amend the Constitution
Basic Principles of the ConstitutionLimited governmentPopular sovereigntySeparation of powersChecks and balancesFederalism
AmendmentsThe Constitution has been formally amended
27 times.Please know all the amendments
The first 10 amendments are known as the Bill of Rights
Informal Amendments to the ConstitutionLegislative action: Judiciary Act of 1789Executive actions: Executive ordersJudicial review: Marbury v. MadisonCustom and usage: No 3rd term for Presidents
FederalismDelegated powers
Expressed powers given to the national governmentImplied powers
Powers that may be reasonably inferred from the Constitution (Necessary and Proper Clause)
Inherent powersPowers that exist from the national government
because the government is sovereignConcurrent powers
Belong to both the states and national governmentsReserved powers
Powers that belong to the states (Amendment 10)
Federalism In PracticeInterstate Relations
Full faith and credit clause: states are required to recognize the laws and legal documents of other states
Privileges and immunities clause: states are prohibited from unreasonably discriminating against residents of another state
Extradition: states may return fugitives to states which they fled
Interstate compacts: states may work together to solve regional problems
National SupremacyArticle IV Supremacy Clause
McCulloch v. Maryland (1819) Federal law is supreme over state law
Gibbons v. Ogden (1824) National supremacy over interstate commerce
Federalism TodayDual Federalism (1789-1932)
Layer cake federalism: National and state have power within their own sphere of influence
Cooperative Federalism (1932-1968)Marble cake federalism: National and state
work togetherNew Federalism (Nixon, Reagan, Bush 41)
Devolution of national power to the states
Fiscal FederalismGrant in aid
Money and resources provided by the national government to state and local projects and programs
Categorical grantsGrants that have specific purpose defined by law
Block grantsGeneral grants which can be used for a variety of
purposes
Unfunded mandatesRequirements which are imposed by the national
government on the state and local governments
Political Beliefs and Behaviors
Political CultureA set of beliefs and basic values shared by
most citizens.Majority ruleFree electionsEquality in lawPrivate propertyIndividual freedoms
Political SocializationThe process in which citizens acquire a sense
of political identityFamily and home lifeEducationGroup affiliations (interest groups, labor
unions)Demographic factors (age, sex, race, religion)Mass mediaHistorical events
Public OpinionA collection of shared attitudes of many
different people in matters relating to politics, public issues, or making of public policy.
Measuring Public Opinion1930’s George Gallup developed polling:
SamplingPreparing valid questionsControlling how the poll is takenAnalyzing and reporting results
Political IdeologyA set of beliefs about politics and public
policy that creates the structure for looking at government and public policy.
Political SpectrumRadical: favor rapid, fundamental change in
existing social, economic, political orderLiberal: supports active government in
promoting individual welfare and social rights
Moderate: political ideology falls between liberal and conservative
Conservative: promotes a limited government role in helping individuals, supports traditional lifestyle
Reactionary: advocates a return to a previous state of affairs
Political PartiesInterest Groups
Mass Media
Political PartiesAn association of people who seek to
control the government through common principle.
Two Party System: There are several parties but only two major parties compete and dominate elections
Minor Parties: generally have little to no impact on elections
What do Parties do?Recruit candidatesNominate and support candidates for officeEducate the electorateOrganize the government (majority vs.
minority)
Party IdentificationIdeologyIncomeRaceReligionRegion of country
EducationOccupationGenderFamily traditionMarital status
Why a Two Party SystemBritish heritage
Federalist/Anti-Federalist
Electoral system
Election laws
Electoral Dealignment and RealignmentDealignment: when significant number of
voters no longer support a particular party
Realignment: voting patterns shift and new coalitions form.Republicans (1860)Democrats (1932)
Political ParticipationVoting in electionsDiscussing politics and attending political
meetingsForming interest groups and PACsContacting public officialsContributing money to a candidate or
political partyRunning for officeProtesting government decisions
Issue or Policy VotingDirect Primary
Allows citizens to nominate candidates
RecallIs a special election initiated by petition to
allow citizens to remove an official from office
ReferendumAllows citizens to vote directly on issues called
propositions
InitiativeAllows voters to petition to propose issues to
be decided by qualified voters
Low Voter TurnoutVoter turnout is higher for Presidential
elections
Lower turnout for midterm elections
Lower when compared to other nations
Low Voter TurnoutExpansion of the electorate (26th Amendment)Failure of the political parties to mobilize
votersNo perceived differences between candidate
or partyMistrust of the governmentApathySatisfaction with the way things areLack of political efficacyMobility of the electorate Registration process
Types of ElectionsPrimary Election: voters choose candidates from
their partyClosed primary: only voters who are registered in
the party may vote to choose the candidateOpen primary: voters may vote to choose the
candidate of either party, whether they belong to that party or not
Blanket primary: voters may vote for candidates of either party
Runoff primary: when no candidate from a party receives a majority of the votes, the top two candidates face each other
Types of ElectionsGeneral Election
Voters get to choose from among all the candidates nominates by political parties or running as independents
Electoral CollegePresident and Vice-President are chosen
by the 538 electoral votes435 districts100 senators3 Washington DC
States use a winner take all method of assigning their electoral votes based on popular vote
The candidate that receives a majority (270) is declared winner.
If no winner is declared the House of Representatives chooses the President and the Senate chooses the Vice-President
Campaign FinanceFederal Election Campaign Act (1971)
Restricted Amount spent on campaign advertising Required disclosure of contributions and expenditures
Federal Election CommissionEnforces the FECACreated public financing for presidential
candidatesBuckley v. Valeo (1976)
The Supreme Court ruled that spending limits established by the FECA were unconstitutional
Interest GroupsRaise awareness and stimulate interest in
public affairs by educating their members and the public
Represent membership, serving as a link between members and the government
Provide information to the governmentProvide channels for political participation
Types of Interest GroupsEconomic Interest Groups
Labor Groups (AFL-CIO)Business Groups (Chamber of Commerce)Professional Groups (National Education
Association)Agricultural Groups (National Farmer’s Union)
The Legislative, Executive, and Judicial Branches
CongressArticle I of the US Constitution creates a
bicameral legislature consisting of the House of Representatives and the Senate
The current structure was a result of the Connecticut or Great Compromise reached at the Constitutional Convention
House of RepresentativesMembership
435 members apportioned by populationTerm of Office
2 years; entire House elected every 2 yearsQualifications
At least 25 years oldCitizen for 7 yearsMust live in state where district is located
Constituenciessmaller, by district
PrestigeLess prestige
House of Representatives: Getting Elected
Apportionment: distribution among the states based on the population of each state
Reapportionment: the redistribution of Congressional seats after the census determines changes in population distribution among the states
Congressional districting: the drawing by state legislatures of congressional districts for those states with more than one representative
Gerrymandering: drawing congressional districts to favor one political party or group over another
House of RepresentativesLeadership
Speaker of the House Presiding officer and most powerful member Assigns bills to committee Controls floor debates Appoints party members to committees
Majority Leader Assistant to the Speaker Helps plan party’s legislative program Directs floor debates
Minority Leader Major spokesperson for the minority party Organizes opposition to the majority party
How a Bill becomes a Law (House)
A bill is introduced, numbered, and assigned to a committee
The bill may be assigned to a subcommittee for further study
The bill is returned to committee where it is approved or rejected
The rules committee sets terms of debate for the bill
The bill is debated by the HouseA vote is taken. Bills that pass go to the SenateConference committee resolves any differences
between House and Senate BillResolved bill is voted on in the HouseIf approved, sent to the President
US SenateMembership: 100 members (2 from each
state)Term of office: 6 years; staggered terms with
one-third of the Senate elected every 2 yearsQualifications:
At least 30 years of ageCitizen for 9 yearsMust live in state
Constituencies: Larger, entire statePrestige: More prestige
US SenateGetting Elected
Members were originally chosen by the state legislatures in each state
Since 1913, the 17th Amendment allows the direct election of senators by the people of the state
US SenateLeadership
US Vice President Presiding officer of the Senate. Cannot debate and only votes to break a tie
President pro tempore Senior member of the majority party A ceremonial position
Majority leader The most influential member of the Senate The majority party’s spokesperson
Minority leader Performs the same role as the House minority leader
How a Bill becomes a Law (Senate)A bill is introduced, numbered, and assigned to a
committeeThe bill may be assigned to a subcommittee for
further studyThe bill is returned to committee where it is
approved or rejectedNo rules committee!The bill is debated by the SenateA vote is taken, where the bill is passed or defeated.
Bills that pass the Senate are sent to the HouseConference committee resolves any differences
between House and Senate BillResolved bill is voted on in the SenateIf approved, sent to the President
Congressional OverrideIf the President vetoes the bill then it is
returned to the Congress, where they may override the veto by a two-thirds vote in each house.
Types of CommitteesStanding
A permanent committee that deals with specific policy matters (agriculture, energy…)
SelectA temporary committee appointed for a specific
purpose (Senate Watergate Committee)Joint
Made up of members of both Houses (Joint Committee on the Library of Congress)
ConferenceA temporary committee of members from both
Houses, created to resolve differences in the House and Senate versions of the bill
CaucusesInformal groups formed by members of
Congress who share a common purpose of goalsCongressional Black Caucus Women’s CaucusDemocratic or Republican Caucus
Roles of Members of CongressPolicymakerRepresentativeConstituent servantCommittee memberPolitician/Party member
House of Representatives/SenateIncumbency Effect: the tendency for office
holders to easily get reelectedName recognitionCredit claiming (bringing positive results to the
district or state)Casework for constituents (helped constituents solve
problems)More visible to constituentsMedia exposureFundraising abilitiesExperience in campaigningVoting record
Powers of CongressLegislative Powers
Expressed powers: Powers specifically granted to Congress, mostly found in Article I, Section 8 of the Constitution
Implied powers: powers which may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18, “necessary and proper”
Limitations of powers: power denied Congress in Article I, Section 9 and the 10th Amendment
Powers of CongressNon-Legislative PowersElectoral powers: selection of the President by the House
and Vice-President by the Senate upon the failure of the electoral college to achieve a majority vote
Amendment powers: Congress may propose amendments by 2/3 votes of each house
Impeachment: House may bring charges, or impeach, the President, Vie-President,
or any civil officer by a simple majoritySenate holds the trial and acts as a jury with a 2/3 vote needed to
find guiltExecutive powers of the Senate:
Must approve appointees by the Executive Branch by a simple majority
Must approve treaties by a 2/3 voteInvestigation/oversight powers: investigate matters falling
within the range of its legislative authority
Legislative TacticsCaucuses: may form voting blocsCommittee systemFilibuster or Cloture: in the Senate only,
unlimited debate in an attempt to stall action on a bill; cloture is the method by 60 votes to end a filibuster
Pork barrel legislation: an attempt to provide funds and projects for a member’s home state or district
Logrolling: an attempt by members to gain support of other members in return for their support on the member’s legislation
Legislative TacticsRiders: additions to legislation which generally
have no connection to the legislation Amendments: additions or changes to the
legislation which deal specifically with the legislation
Lobbying: trying to influence members of Congress to support or reject legislation
Conference committee: may affect the wording and therefore intent of the legislation
Legislative veto: the rejection of a presidential or executive branch action by one or both houses of Congress, used mostly between 1932-1980.Declared unconstitutional in the 1983 case,
Immigration and Naturalization Service v. Chada
Influences on CongressConstituentsOther lawmakers and staffParty influencesPresidentLobbyists and interest groups
President of the United StatesArticle II of the Constitution establishes the
many responsibilities and functions of the President
Term and Tenure4 year term2 terms (10 year max) 22nd Amendment
President of the United StatesFormal Qualifications
Natural born citizenAt least 35 years oldResident of the US 14 years prior to election
Informal, many presidential candidates share several characteristicsPolitical or military experiencePolitical acceptabilityMarriedWhite maleProtestantNorthern European ancestry
Succession and DisabilityThe Constitution provides that if the
President can no longer serve in office the Vice-President will carry out the powers and duties of the office
25th AmendmentThe Vice-President becomes President if the
office of the president becomes vacantThe President will nominate a new Vice-
President, with approval of a majority from both houses of Congress
Impeachment and RemovalThe Constitution gives the House of
Representatives the authority to bring charges against the President or Vice-President for “Treason, Bribery, or other High Crimes and Misdemeanors.”
Once charges are brought the Senate holds the trial. The Chief Justice of the Supreme Court presides over the trial
Conviction requires a 2/3 vote
Electoral College System12th Amendment
An electoral college elects the President and Vice-President
Each state chooses the number of electors equal to its number of members in the House of Representatives and Senate.
In December, after the general election, the electors meet in their state capital to cast their ballots for president and vice-president.
The electoral college then sends its ballots to the President of the US Senate where they are opened before a joint session of Congress
To win a candidate needs a majority (270)If a majority is not reached the House votes on the
top 3 candidates for President and the Senate votes on the top 2 candidates for Vice-President
The Vice-PresidencyPresides over the Senate, casting tie-
breaking votesHelp determine presidential disability under
the 25th Amendment and take over presidency if necessary
Has the same formal qualifications as the President
Presidential PowersExecutive powers
Enforces laws, treaties, and court decisionsIssues executive orders to carry out policiesAppoints officials, removes officialsAssumes emergency powersPresides over cabinet and executive branch
Military powersServes as commander in chiefHas final decision making authority in matters
of national and domestic defenseProvides for domestic order
Presidential PowersLegislative PowersGives annual State of the Union messageIssues annual budget and economic reportsSigns or vetoes billsProposes and influences legislationCalls for special sessions of Congress
Diplomatic PowersAppoints ambassadors and other diplomatsNegotiates treaties and executive agreementsMeets with foreign leadersAccords diplomatic recognition to foreign
governmentsReceives foreign dignitaries
Presidential PowersJudicial Powers
Appoints members of the federal judiciaryGrants reprieves, pardons, and amnesty
Party PowersLeader of the partyChooses vice presidential nomineeStrengthens the party by helping members get
elected (coattails)Appoints party members to government
positions (patronage)Influences policies and platform of party
Limitations on Presidential PowersCongressional Checks
Override presidential vetoPower of the pursePower of impeachmentApproval powers over appointeesLegislation limiting the president’s power (War
Powers Act)Judicial Checks
Judicial review of executive actionPolitical checks
Public opinionMedia attentionpopularity
The BureaucracyA systematic way of organizing a complex
and large administrative structure.Hierarchical authority: similar to a pyramid
with the top having authority over those belowJob specialization: each worker has defined
duties and responsibilities, a division of labor among workers
Formal rules: established regulations and procedures which must be followed
History and GrowthBeginnings: standards for office included
qualifications and political acceptabilitySpoils system: practice of giving offices and
government favors to political supporters and friends
Reform movement: competitive exams were tried and failed due to inadequate funding from Congress
Pendleton Act: Civil Service Act of 1883, replaced the spoils system with a merit system
Hatch Act of 1939: prohibits government employees from engaging in political activities while on duty
Civil Service Reform Act of 1978: created the office of Personnel Management to recruit, train, and establish classifications and salaries for federal employed
OrganizationThe federal bureaucracy is divided into four
basic typesCabinet departments (15 executive departments)Independent executive departments (NASA,
Small Business Administration)Independent regulatory agencies (Securities and
Exchange Commission, Federal Reserve Board)Government corporations (Tennessee Valley
Authority, US Postal Service)
Influences on the Federal BureaucracyExecutive influences: appointing the right
people, issuing executive orders, affecting the agency’s budget
Congressional influences: influencing appointments, affecting the agency’s budget, holding hearings, rewriting legislation
Iron triangles: alliances between bureaucratic agencies, congressional committees, and interest groups
Executive Office of the PresidentWhite House OfficeNational Security CouncilOffice of Management and BudgetOffice of Faith Based and Community
InitiativesOffice of National Drug Control PolicyOffice of Policy DevelopmentCouncil of economic AdvisorsOffice of US trade Representative
Executive DepartmentsStateTreasuryDefenseInteriorJusticeAgricultureCommerceLabor
Health and Human Services
Housing and Urban Development
TransportationEnergyEducationVeterans affairsHomeland Security
The Federal Court SystemThe US has a dual court system of courts-a
federal court system and the court system of the 50 states
Article III of the Constitution states that there shall be a Supreme Court and that Congress may establish a system of inferior courts
JurisdictionOriginal jurisdiction
Lower courts have the authority to hear cases for the first time. District Court conducts trials, evidence is presented, and
juries determine the outcome of the case Supreme Court has original jurisdiction in cases involving
representatives of a foreign government, and certain types of cases where a state is a party
Appellate jurisdictionCourts that hear reviews or appeals of decisions
from the lower courts Court of Appeals Supreme Court
Structure of the Judicial SystemDistrict Courts
Created by the Congress in the Judiciary Act of 1789. There are 94 District Courts Decide civil and criminal cases
Court of AppealsCreated by Congress in 1891There are 13 US Court of AppealsDecide appeals from the District Courts
Supreme CourtCreated by Article III of the ConstitutionMost of its cases are appeals from the US Court of
Appeals and State Supreme CourtsHas original and appellate jurisdiction
Judicial SelectionThe President appoints all federal judges with
confirmation from the US SenateThere are no formal qualifications Serve a life termFederal judges may be removed through
impeachment
Supreme Court Selection
Presidents only make appointments to the Supreme Court if a vacancy occurs during their term of office
When making appointments, Presidents often consider:Party affiliationJudicial philosophyRace, gender, religion, regionJudicial experiencePolitical ideologyAcceptability
The Supreme Court at WorkThe term of the Supreme Court begins on the
first Monday in October and generally lasts until June or July of the following year.
Accepting Cases
Cases that are accepted must pass the rule of four: four of the nine justices must agree to hear the case.Writ of certiorari: an order by the court directing the
lower court to send up the records of a case for review
Certificate: a lower court may ask the Supreme Court about a rule of law or procedures in specific cases
Briefs and Oral ArgumentsOnce a case reaches the Supreme Court, lawyers
for each party to the case file a written briefWritten briefs include: detailed statements of the
facts of the case supported by relevant facts and citations from previous cases
Interested parties may be invited to submit amicus briefs (friends of the court) supporting or rejecting arguments of the case
Oral arguments allow both sides 30 minutes to present their positions to the justices
Writing OpinionsOnce the Supreme Court has made a decision in
a case, the decision is explained in a written statementMajority opinion: a majority of the justices agree on the
decision and its reasonsConcurring opinion: a justice who agrees with the
majority opinion but not the reasoning behind the decision
Dissenting opinion: a justice or justices who disagree with the majority opinion
Majority opinions become precedent in deciding future cases
Judicial ActivismHolds that the court should play an active
role in determining national policies
The philosophy advocates applying the Constitution to social and political questions
Judicial RestraintHolds that the court should avoid taking the
initiative on social and political questions.
Operating strictly within the limits of the Constitution
Politics and Public Policymaking
Agenda-SettingRecognizing an issue as a problem which
must be addressed as a part of the political agenda.
Problems are brought to the political agenda by:CitizensInterest groupsThe MediaGovernment Entities
Formation/Adoption/ImplementationFormation: finding ways to solve the
problemsAdoption: adopting a plan of action to solve
the problem; may require legislationImplementation: executing the plan of action
by appropriate agency or agencies
Policy EvaluationAnalysis of policy and its impact upon the
problem
Judging the effectiveness of policy
Domestic PolicyCrime Prevention: FBI, DEA, & ATFEducation: States run education but since the
creation of the Department of Education (1979) the Fed has used grants and vouchers as influence
Energy: The study of alternative and renewable sources of fuel. Regulates nuclear waste.
Domestic PolicyHealth Care: Medicare (elderly),
Medicaid (poor), CDC, VA, FDA
Social Welfare: Social Security, Housing Programs, unemployment benefits
Economic Policy Raising Revenue: income tax, cooperate
tax, estate tax, customs
Government Spending Discretionary Spending
Defense, Education, Student Loans, Scientific Research, Environmental Clean-up, Law Enforcement, Disaster Aid, Foreign Aid
Nondiscretionary Spending Interest of the national debt, social welfare
programs
Economic PolicyFederal Budget: Proposed each year
(fiscal year is October 1 through September 30)Proposals
Each federal agency must submit a budget request to the Office of Management and Budget.
The President submits a budget proposal to Congress based on the OMB
The Congress proposes its own budget based on the advise of the Congressional Budget Office
Economic PolicyThe budget must be passed by Congress and
signed by the President by September 15.Failure to pass a budget could lead to the
federal government to shut down.
Civil Liberties and Civil Rights
Civil LibertiesConstitution
Writ of habeas corpus: you must be brought before the court and informed of charges against you
No bills of attainder: you cannot be punished without a trial
No ex post facto laws: laws applied to acts committed before the laws’ passage are unconstitutional
Trial by jury
Civil LibertiesBill of Rights
Freedom of religion, speech, press, petition, and assembly
No unreasonable search and seizureProtections against self-incrimination and
double jeopardyProtections in criminal procedures
Civil Liberties14th Amendment
Provided for the expansion of the Bill of Rights to the states and local governments
IncorporationLegislation
Laws that set limits or boundaries on one person’s rights over another person
CourtsJudicial review
Freedom of ReligionEstablishment ClauseCongress cannot:
Establish a national religionFavor one religion over anotherTax citizens to support any one religion
Freedom of ReligionEstablishment ClausePlease know the following Supreme Court cases
Engle v. Vitale (state sponsored prayer)Abington Township v. Schempp (school sponsored
bible reading)Lemon v. Kurtzman (3 part test)
Purpose of aid must be secular Aid can neither advance of hinder religion No “excessive entanglement” between gov’t and
religionMinersville v. Gobitus (allowed mandatory pledge)West Virginia v. Barnette (overturned Gobitus)Wallace v. Jaffree (mandatory moment of prayer)
Freedom of ReligionFree-Exercise ClauseGuarantees the right to practice any religion
or no religion at allKnow these cases
Reynolds v. United States (banned polygamy)Wisconsin v. Yoder (no compulsory education
past 8th grade for Amish)Oregon v. Smith (banned drugs used for
religion)Church of the Lukumi Babalu Aye v. City of
Hialeah (animal sacrifice as part of religion UPHELD)
Freedom of SpeechPure Speech: the most common form of
speech, verbal speechSymbolic Speech: using actions or symbols to
convey an ideaSpeech Plus: verbal and symbolic speech
used together
Freedom of SpeechKnow these cases
Abrams v. United States (restricted anti-war “speech”)
Schenck v. United States (“clear and present danger”)
Gitlow v. New York (selective incorporation)Tinker v. Des Moines (symbolic student speech)Texas v. Johnson (symbolic speech – flag
burning)Reno v. ACLU (struck down some restrictions
on internet materials)
Freedom of the PressKnow these cases
Near v. Minnesota (prior restraint)New York Times v. Sullivan (malicious intent
requirement for libel/slander)New York Times v. United States (Pentagon
Papers and prior restraint)Hustler v. Falwell (public figures not protected
from parody)Hazelwood School District v. Kuhlmeier
(student newspapers subject to some censorship)
Freedom of AssemblyThe government is allowed to set limits on
assembly to protect the rights and safety of othersDeJonge v. Oregon (upheld the right to
organize a local communist party)
Property RightsThe due process clause of the 5th and 14th
Amendments provide for the protection of private property by guaranteeing that citizens
would not be “deprived of life, liberty, or property, without due process of the law”
Due ProcessSubstantive due process
Involves the policies of government or the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections
Procedural due processThe method of government action or how the
law is carried out, according to established rules and procedures
Right to PrivacyThe Constitution makes no mention of a
“right to privacy,” however the Supreme Court has interpreted several rights that may fall under the category of privacyGriswold v. ConnecticutRoe v. Wade
Fourth AmendmentSearch and SeizureKnow these cases
Wolf v. Colorado (4th applies to states, but NOT exclusionary rule)
Mapp v. Ohio (applied exclusionary rule to states)
TLO v. New Jersey (“reasonable suspicion” for school searches)
Weeks v. United States (no warrantless seizures)
Katz v. United States (extends illegal searches to wire tapping)
Fifth AmendmentSelf-IncriminationKnow this case
Miranda v. Arizona
Sixth AmendmentRight to an AttorneyKnow these cases
Powell v. Alabama (right to counsel in capital cases)
Gideon v. Wainwright
Eighth AmendmentCruel and Unusual PunishmentsKnow these cases
Furman v. Georgia (moratorium on death penalty)
Gregg v. Georgia (reinstates death penalty within established guidelines to create uniform application)
Civil RightsAre the positive acts of government, designed
to prevent discrimination and provide equality before the law
The Equal Protection Clause of the 14th Amendment prevents the states from discriminating against citizens.
Civil Rights Movement13th Amendment abolished slavery14th Amendment defined citizenship and
provided due process and equal protection of the law
15th Amendment provided that all males 21 and older could vote
24th Amendment outlawed the poll tax in federal elections
Civil Rights MovementBlack codes: state laws passed to keep freed
slaves out of politics (literacy test, poll tax, registration tests)
Civil Rights Act of 1876: outlawed racial segregation in public places
Jim Crow Laws: created segregation in schools, public transportation, and hotels
Plessy v. Ferguson: separate but equal facilities are constitutional
Civil Rights MovementExecutive Order 8802: Franklin Roosevelt
banned racial discrimination in the federal government
Executive Order 9981: Harry Truman ordered the desegregation of the military
Brown v. Board of Education: overturned Plessy v. Ferguson, separate but equal is unconstitutional
Civil Rights MovementCivil Rights Act of 1964: prohibited
discrimination in employment and in places of public accommodations
Voting Rights Act of 1965: outlawed discriminatory tests in voter registration
The Women’s Movement19th Amendment gave women the right to
voteEqual Pay Act of 1963: made it illegal to base
a person’s pay on their gender, race, religion, or national origin
Equal Employment Opportunity Act of 1972 prohibited gender discrimination in hiring, firing, promotions, and pay
People with DisabilitiesThe Rehabilitation Act of 1973 prohibited
discrimination against people with disabilities in federal programs
The Americans with Disabilities Act of 1990 forbids employers from discriminating against people with disabilities
Affirmative ActionA policy designed to correct the effects of past
discrimination.University of California v. Bakke (1978): the court
ruled that affirmative action was constitutional but that Bakke had been denied equal protection because the university used race as the sole criteria for admissions
Grutter v. Bollinger (2003): allowed race to be used as a plus in the admissions process (narrowly tailored)
Gratz v. Bollinger (2003): the court struck down a 20 point bonus for underrepresented minority groups.