Liberty and the Law EOC PRESENTATION PART III

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End of Course
Examination
Review Session
Part III: The
American Citizen
CIVIL LIBERTIES
 Constitution mentions specific rights,
fundamental to founding fathers.
 Writ of Habeas Corpus – Must be
informed of the charges being brought
against you.
 No Bills of Attainder – Cannot be punished
without a trial.
 No Ex Post Facto – Cannot be punished for
committing a crime before it was a law.
 Bill of Rights were added in 1791 to
provide specific guarantees by the
Constitution.
 Fourteenth Amendment held expansion of
individual rights with due process.
FIRST AMENDMENT FREEDOMS
 These rights are fundamental because they
provide for the basis of other freedoms.
 Freedom of Religion:
 Establishment Clause – Congress cannot
establish a state religion.
 Free Exercise Clause – Free to practice or
not practice a religion of choice.
 Freedom of Speech:
 Pure Speech – Verbal speech that is given the
most protection by the courts (most common).
 Symbolic Speech – Using actions and symbols
to convey an idea w/o using words (burning
draft card, flag burning, wearing armbands).
 May be subject to government restrictions if
it endangers public.
 Limitations exist in providing public
security:
 Alien and Seditions Act (1798) – Made
it illegal to say anything false,
scandalous and malicious against the
government.
 Sedition Act (1918) – Congress passes
more sedition laws forbidding verbal
attacks against the government for
World War I.
 Freedom of Press:
 Often protected because it is closely related
to free speech.
 Form of expression.
 Includes newspapers, magazines, radio, TV
and Internet.
 Freedom of Assembly and Petition:
 Right to PEACEABLY assemble and
protest government grievances.
 Applies to public and private places.
 Through letters, petitions, picketing,
demonstrations, parades, and marches.
PROPERTY RIGHTS
 Due Process clause of Fifth and Fourteenth
Amendment provides for protection of
property (Government can’t deprive someone
of life, liberty, or property without due
process of law).
 The Fifth Amendment offers Eminent
domain, which allows government to
take property for public use but also
requires
government
pay
just
compensation.
RIGHTS OF THE ACCUSED
 Fourteenth Amendment extends protections to apply
to states.
 Many Bill of Rights Amendments address rights of
the accused.
 Fourth Amendment – Search and Seizure: Any
evidence obtained w/o a search warrant excluded
from trials in state courts and created Exclusionary
Rule – bars evidence obtained illegally in court
(Mapp v. Ohio).
 Fifth Amendment – Self-Incrimination: Suspects in
police custody have certain rights and they also must
be informed of those rights (Miranda v. Arizona).
 Sixth Amendment – Right to an Attorney: In state
trials, those who cannot afford an attorney can be
provided one (Gideon v. Wainright).
 Eighth Amendment – Cruel and Unusual
Punishment.
CIVIL RIGHTS
 Guaranteed by Equal Protection Clause of the
Fourteenth Amendment.
 Some discrimination is valid (drinking age)
because for a rational basis.
 If discrimination reflects prejudice then states
have to provide compelling evidence.
 Incorporation allows Bill of Rights to be
adopted by state and local government.
CIVIL RIGHTS MOVEMENT
 Civil War amendments were during
Reconstruction to prevent states from
discrimination against former slaves.
 Thirteenth Amendment - abolished
slavery.
 Fourteenth Amendment - defined
citizenship to include former slaves,
provide due process, and equal
protection.
 Fifteenth Amendment - cannot be denied
the right to vote on the basis of race.
 Until 1950s and 60s states continued to use
discriminatory practices to prevent Blacks
from participating in govt
 Black Codes – State laws- literacy tests,
poll taxes, registration laws, white
primaries.
 Jim Crow laws – Designed to segregate
races in schools, public transportation and
hotels.
 Plessy v. Ferguson (1896)- Supreme Court
upheld LA state law and created Separate
but Equal Doctrine
 FDR and Truman worked to ban
discrimination in government and military.
 Brown v. Board of Education (1954) - Overturned
Plessy v. Ferguson by ruling separate is NOT Equal.
 Brown v. Board of Education II (1956) - Ordered
desegregation of public schools with all deliberate
speed.
 Civil Rights Act of 1957 – Created Civil Rights
Division in Justice Depratment and made it a crime
to prevent someone from voting in federal elections.
 Civil Rights Act of 1964 – Prohibited discrimination
in employment, and in public places. Created Equal
Employment Opportunity Commission (EEOC).
 Twenty-Fourth Amendment – Outlawed poll taxes
.
 Voting Rights Act of 1965 – Outlawed literacy tests
and other discriminatory tests in voting.
 Civil Rights Act of 1991 – Made it easier for
employees to bring suit against employers with
discriminatory hiring practices.
WOMEN’S MOVEMENT
 Nineteenth Amendment (1920) – Gave women
the right to vote.
 Equal Pay Act-1963 – It is illegal to base an
employees pay on race, gender, or religion
 Civil Rights Act of 1964 – Banned job
discrimination based on gender
 Reed v. Reed – A law that discriminated
against women violated equal protection of
Fourteenth Amendment.
 Equal Employment Opportunity Act –
prohibited gender discrimination in hiring,
firing, promotions, pay and work conditions
 The Omnibus Education Act 1972 – required
boys and girls and equal opportunity to
participate in school sports- Title 9.
PARTY SYSTEMS
 One-Party System- (Theocracy) one party
exists that has a change of winning the
election- result is dictatorship
 Two party system- there may be several
political parties but only to major parties
compete for power . Enhances government
stability – avoids extremes
 Single member districts- promotes two
party system. Voters have to make a choice
and only one wins
 Multi-Party System -Several major parties
and minor parties compete in elections- leads
to coalitions and instability
FUNCTIONS OF PARTIES
 Recruit candidates.
 Nominate and support candidates for office.
 Educate the electorate.
 Organize the government:
Congress is
organized on political party controls
(Majority and Minority party leaders).
 Most people join a party based on the shared
views on issues or role of government
(ideology, education, income, gender,
occupation, race, family, or region).
ROLES OF THE MEDIA
 Inform public.
 Shape public opinion.
 Link people to government.
 Watch dog to investigate government.
 Helps to set agenda for policy- influence what
subjects become national political issues.
INTEREST GROUPS- FUNCTIONS
 Raise awareness and stimulate interest in public
affairs.
 Representing membership serving as a link
between members and government.
 Provide data and testimony to government in
making policy.
 Provide a channel for political participation so
citizens can work together to achieve a goal.
TYPES OF INTEREST GROUPS
 Economic Interest Groups.
 Labor Unions – AFL-CIO
 Business – National Association of Manufacturers
 Professional – National Education Association
(NEA)
 Agriculture – National Grange
 Groups promoting causes.
 American Civil Liberties Union (ACLU).
 National Rifle Association (NRA).
 American Assoc. of Retired Persons (AARP).
 National Association for the Advancement of
Colored People (NAACP).
 Veterans of Foreign Wars (VFW).
 Public Cause – Environment, crime, civil rights, etc.
 Common Cause.
 Mothers against Drunk Driving (MADD).
 League of Women Voters
STRATEGIES OF INTEREST GROUPS
 Influence Elections – Encourage members to
vote for a candidate who represents their cause
and contribute money through PACs.
 Political Action Committees (PACs) –
Committees that raise money for interest
groups.
 Lobbying – Attempting to influence lawmakers
by supplying data and information to
government officials and staff to convince
policy makers that their ideas are deserving.
 Grassroots Lobbying – Interest group
members and others outside organization write
letters, call, and email to influence policy
makers.
 Litigation – Taking an issue to court.
 Going Public – Appealing to public for support.
DOMESTIC POLICY
 Social welfare began during New Deal Era
under the guidance of the Democratic Party.
 Great Depression led citizens to want more
government
help
against
economic
downturns and poverty.
 Social Security Act of 1935 – Old age
insurance, disability, and unemployment
compensation.
 Great Society – Lyndon Johnson’s War on
Poverty programs that created Medicare,
school aid and job training.
 Welfare Reform Act of 1996 – Gave state
government more power in administering
welfare programs.
ECONOMIC POLICY
 President and Congress responsible for
economic health of nation.
 Raising Revenue
 Collection of Taxes - Federal income tax
is the largest, social insurance taxes,
excise, estate, corporate, and customs
duties.
 Borrowing – Selling bonds.
 Fiscal Policy
 Government using taxation and spending
to influence the economy.
 Used through the creation and
implementation of the federal budget.
 Monetary Policy
 When the Federal Reserve influences
interest rates and money supply.
 Uses three tools:
 Discount rate – Interest rate at which the
Fed charges member banks for loans: the
lower it is the more money banks can
borrow.
 Reserve Requirements – Amount of
money member banks are required to
keep in reserve to back loans.
 Open Market Operations – Buying and
selling of bonds- if Fed buys bonds it
inflates economy, if they sell bonds they
deflate or take money out of the
economy.
 Economic Systems
 Market Economy – Buyers and sellers act
as individual interests determining what,
how and for whom goods are produced.
 Protects property rights, maintains
competition, promotes growth and justice,
and stabilizes prices.
 Command Economy – Central authority,
usually government making decisionscommunism, socialism.
 Capitalism – Based on private ownership
of the means of production.
 Laissez Faire – “let alone or let be”government keeps its hands off of
economy or policies.
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