GOVERNMENT TELECOURSE 2302 Dr. Brian Dille Office: DH 209 Phone: 335-6592 E-mail: ocbkd@odessa.edu Fax: 915/335/6860 Office Hours: MWF: 8:30-9:30 a.m. TTh: 8:30-9:30 a.m. Course Description This course considers the development of political thought, origins and development of the Constitutions of the United States and Texas, federalism, state and local government, public opinion, interest groups, political parties, and elections. It satisfies government requirements for teacher certification by the Texas Education Agency. Required Texts and Study Guide 1. Cummings and Wise, Democracy Under Pressure, Ninth Edition (Special Telecourse edition.) Harcourt Brace College Publishers, 2001. ISBN: 0-15-507002-9 2. Kraemer, Newell, and Prindle, Texas Politics, Eighth Edition. Wadsworth publishing Company, Belmont, California, 2002. ISBN: 0-534-58644-9 3. Lynch, Eileen, Noreen Warwick, Linda Camp Keith, and Sue Lee. United States and Texas Government II: Government in Action, Second Edition. Fort Worth, Texas: Harcourt Brace College Publishers, 2002. ISBN: 0-15-507012-6 Orientation Sessions Attendance at one of the orientation sessions is a requirement of the course. Drop Policy If you decide not to complete this course, it is your responsibility to drop the course at the registrar=s Office. The instructor will not drop you. Failure to drop the course will result in an F. Course Requirements During the semester, each student in Government Telecourse 2301 is expected to complete the following additional requirements: 1. Purchase the required texts and study guide from the book store. 2. View the assigned thirty minute telelessons on television each week. 3. Do the assignments and exercises as prescribed in the Study Guide. 4. Maintain your correct and current mailing address on file with the instructor and the ITV office at 335-6335. 5. Take the four exams on the assigned exam day. Examinations There are four exams scheduled for this course during the semester. Students are required to take all five exams on campus during the following scheduled test periods on a walk-in-basis at the OC Testing Center between 8:30 a.m. and 9:00 p.m.: Test #1 (Lessons 1-8) Test #2 (Lessons 9-15) Test #3 (Lessons 16-20) Test #4 (Lessons 21-26) ** Each student must bring a packet of 6 green Scantron sheets with their name written on the outside plastic covering and a #2 pencil to the first scheduled exam. These may be purchased in the campus bookstore. ** Academic Dishonesty: Any cheating on exams, plagiarism, or handing in work that is not your own will result in a zero. Exams are closed book exams. No study notes or additional materials are allowed. 3 Testing Center: The O.C. Testing Center will be open from 8:00 a.m. until 10:00 p.m. for tests. The Testing Center is located on the second floor of the Student Union Building in the rear of the Counseling Center. Students should plan to walk into the Testing Center between 8:00 a.m. and 9:00 p.m. on the test day and take the exam there. To be entitled to take the exam, you must show up before 9:00 p.m. and begin your test by 9:00 p.m. You must bring a photo I. D. Make-up Exam Policy: In case of absence, the student is expected to contact the instructor (prior to the exam whenever possible). Students absent on official school business are entitled to make up an exam. In all other cases, the instructor will judge whether or not the student will be permitted to make up the exam and will decide upon the time and nature of the make-up exam. It is the student=s responsibility to initiate communication with the instructor in the event of a missed exam. If the student does not appear at the prearranged time for the make-up exam, he or she forfeits his or her right for further makeup of that exam. Students will be allowed to make up only one exam. Students not taking a make-up exam by the end of exam week will NOT have a choice of essays. The essay to be answered will be assigned by the instructor. Examination Material: Each exam will contain both objective questions (multiple choice and true-false) and one 30-point essay type question. Two essays will be on each exam. The student has the choice of answering either one. Questions will be taken from all components of the course: video programs, assigned readings, and study guide materials. A newsletter with study essay questions and other useful hints and information is included in this packet. Grading Policy: Grading Scale: 400 possible points 90% = A= 360 and above 80% = B = 320-359 70% = C = 280-319 60% = D = 240-279 F = 239 and below Bonus Points: * 10 free bonus points will be given for showing the instructor a valid voters card. This must be shown to the instructor by final exam night. Students who are underage or who are not citizens are also eligible for the 10 bonus points. Please see the instructor about this. * Review Sessions: There will be four on-campus review sessions during the semester. Attendance at these sessions is optional, but strongly recommended. For those students not able to attend the review sessions, an audio tape will be on reserve at the front desk of the LRC. If you bring in a blank 90 minute cassette tape, the LRC personnel can make a copy for you. Tapes can be picked up 24 hours later. Each review session is scheduled the week prior to the exam. Student Mailing Address Each student in this course is responsible for maintaining a correct current mailing address on file with the instructor of the course, the Registrar=s Office, and Dr. Brian Dille. Newsletters: A newsletter for each exam is included in this packet. Each newsletter will have the study essay questions, hints to study for the objective questions, and any other needed information for the next exam. Scholastic Problems and Counseling Any student having difficulty in the course, needing questions on assigned course material answered, or just in general need of help in the course should feel free to contact the instructor of the course during his office hours either by phone or a personal visit. If the instructor is unavailable, a message can be left on the answering machine. The instructor will then return the call at his earliest convenience. Help is also available from the instructor during the scheduled review sessions. Tutors in most subject areas are also available at certain designated times in the Tutoring Center in the LRC building - 2nd floor. Messages can always be left for the instructor 24 hours a day at his office phone: 335-6592. 4 Suggested Order of Study for the Government Telecourse 2302: 1. Read the Overview in the Study Guide. 2. Read the unit=s Textbook Objectives in the Study Guide. 3. Read and study the unit=s Reading Assignments in the texts. 4. Write the answers to the unit=s Textbook Objectives to help meet learning objectives. 5. Read the Unit=s Video Objectives in the Study Guide. 6. Watch the Telelesson. 7. Write the answers to the Video Objectives to reinforce learning. 8. Take the unit Practice Test in the Study Guide. Broadcast Schedule: Each lesson is broadcast once during the week and again on the following weekend. All broadcasts are by KOCV-TV Channel 36 (Cable 13 in Odessa). IMPORTANT: VIDEO COPIES OF ALL TELELESSONS ARE AVAILABLE ON RESERVE AT THE FRONT DESK OF THE LRC AT ODESSA COLLEGE FOR BUILDING USE (For review or if you missed a Telelesson.) LRC HOURS: M-TH: 7:45a.m.- 10:00 p.m. Friday: 7:45 a.m. - 5:00 p.m. Sunday: 2 - 5:00 p.m. VCR Use: If you own a VCR, I would strongly recommend taping the telelessons. This will allow you to watch them at your own convenience and stop and review parts of the Telelesson if you feel the need to do so. OPTIONAL PROJECTS-- To replace the lowest 1-hour test grade. PURPOSE: To encourage personal involvement in a candidate=s campaign, the election, issue, or interest group activities. VALUE: 100 points--can be used to replace the lowest 1-hour test grade. 20 hours of work and written report = A - 90-100 points 17 hours of work and written report = B - 80-89 points 14 hours of work and written report = C - 70-79 points 11 hours of work and written report = D - 60-69 points OPTION 1: Work in a candidate=s or party=s campaign and hand in a 2-3 page typewritten report of the work done, knowledge learned, and conclusions drawn. OPTION 2: Work for an interest group and contribute your time and efforts to their cause and activities--letter writing, picketing, lobbying, petition drives, etc. (A list of interest groups--including local ones--are posted outside my office DH 209.) Hand in a 2-3 page typewritten report of the work done, knowledge learned, and conclusions drawn . Arrangements must be made in advance, with prior instructor approval: a) as to which option is chosen and what campaign or interest group is being worked with b) instructor must be able to verify hours worked, for whom, and the nature of the work 5 GOVERNMENT OFFICIALS LIST -- (For bonus points on Exams) FEDERAL 1. President 2. Vice President 3. U.S. Senators from Texas 4. A @ 5. U.S. Representatives 19th Dist: (Andrews & part of Ector & Midland Counties) 23rd Dist: (Ward, Winkler, Crane Reeves, Pecos, Upton, & parts of Ector & Midland Counties) 21st Dist: (Part of Midland County) 6. U.S. Senate Majority Leader 7. U.S. Senate Minority Leader U.S. House of Representatives 8. Speaker 9. Majority Leader 10.Minority Leader 11.U.S. Supreme Court -- Chief Justice STATE 12.Governor 13.Lieutenant Governor (Acting) Texas House of Representatives 14.Speaker 15.State Senator Dist. 28-- (Crane, Ward, Winkler, Upton, and part of Ector County) Dist. 31 -- (Andrews and part of Ector) Dist. 19 -- (Reeves and Pecos Counties) State Representatives 16.81st District -- (Ector County –w/o # 408) 82nd District -- (Midland County) 80th District -- (Andrews, Winkler, Reeves) 74th District -- (Pecos County) 73rd District -- (Ward, Upton, Crane, 408) ECTOR COUNTY 17.County Judge 18.County Commissioners- - Precinct 1 Precinct 2 Precinct 3 Precinct 4 19. Sheriff 20. District Attorney 21. County Attorney 22. County Treasurer 23. County Clerk 24. County Tax Assessor - Collector CITY OF ODESSA 25. Mayor 26. Councilpersons -- District 1 2 3 4 5 27. City Manager NAME George W. Bush Dick Cheney Phil Gramm Kay Bailey Hutchison PARTY R R R R TERM ENDS Jan. 05 Jan. 05 Jan. 03 Jan. 07 Larry Combest R Jan. 03 Henry Bonilla R Jan. 03 Lamar Smith Tom Daschle (S.D.) Trent Lott (Miss.) R D R Jan. 03 Jan. 03/caucus Jan. 03/caucus Dennis Hastert (ILL.) R Dick Armey (Tx) R Richard Gephardt (Mo.) D William Rehnquist Jan. 03/caucus Jan. 03/caucus Jan. 03/caucus Appointed for life Rick Perry Sen. Bill Ratliff R R Jan. 03 Jan. 03 Pete Laney D Jan. 03/House Robert Duncan R Jan. 03 Teel Bivins Frank Madla D Jan. 03 Buddy West Tom Craddick Gary Walker Pete Gallego Robert Turner R R R D D Jan. 03 Jan. 03 Jan. 03 Jan. 03 Jan. 03 Jerry Caddel Freddie Gardner Greg Simmons Barbara Graff Wilmer Ray Mark Donaldson John Smith Tracy Worley Bright Carolyn Sue Bowen Barbara Bedford Lea Taylor D R R D D R R D R D D Jan. 03 Jan. 05 Jan. 03 Jan. 05 Jan. 03 Jan. 05 Jan. 05 Jan. 05 Jan. 03 Jan. 03 Jan. 05 Larry Melton Bill Cleaver Jim Morris Royce Bodiford Brandon Tate Berta Calzada currrently vacant -------- Ap. 02 Ap. 02 Ap. 02 Ap. 03 Ap. 03 Ap. 03 Appointed by council R Jan. 05 STUDENTS NOT LIVING IN ECTOR COUNTY OR ODESSA: LEARN YOUR COUNTY & CITY OFFICIALS. . 6 GOVERNMENT TELECOURSE 2302-NEWSLETTER 1 2002 Each of the 4 tests in this course will consist of 50 objective questions (multiple choice/true-false) worth 1 point each and a 50point essay. You will have a choice of answering one of the two essays on the test. Essay Study Questions for Test #1 Two of these four will be on the test. You will be able to choose one of the two to answer. Lesson 2--Texas Legislature 1. Describe the structure, organization, and leadership in the Texas legislature. Discuss resulting problems in the legislative process. What reforms are recommended to improve the quality and operations of the Texas legislature? (Video #2, K.N.P., Ch 7, pp. 177-188) & (Ch 8-pp. 221-224) & (“Texas Legislature” handout) Lesson 3--Congress 2. Discuss the various stages a successful bill must go through to become law in Congress. What is the most important step and why? Explain the effects of the committee system on the legislative process.--3 good points and 5 bad points. (Video #3 & C. & W., Ch. 12, pp. 385-402) Lesson 7--The Presidency 3. Discuss the seven roles of the president (as outlined in my handout AThe Seven Roles of the President@) and the responsibilities, powers, and growth of power in each role. (Video #7, AThe Seven Roles of the President@ handout, & C. & W., Ch. 13, pp. 415-429) Lesson 8 --The Governor 4. Discuss the powers and limitations of the Texas governor in the following areas: a. executive powers, legislative powers, judicial powers, and informal powers b. explain why Texas adopted the weak executive model c. explain why Texas adopted the weak executive model d. explain who really has the ability to influence decisions of the executive branch of Texas government and explain the effect of the Aplural executive@ e. suggest recommendations to make the Texas governor a more effective leader (Video #8 & K.N.P., Ch. 8, pp. 215-229) Objectives to Study for Multiple Choice Questions Unit I- The Legislators and Chief ExecutivesLesson 1--Congress Textbook Objectives: 1, 2, 3, 4, 5, 6; Video Objectives: 7, 8 Lesson 2--The Texas Legislature Textbook Objectives: 1, 2, 3, 4, 5, 6, 7, 10, 11; Video Objectives: 13, 14, 15, 17 Lesson 3-- Legislative Process Textbook Objectives: 1, 2, 3, 4, 5; Video Objectives: 7 Lesson 4--The Legislative Process in Texas Textbook Objectives: 2, 3, 6, 7; Video Objectives: 10 Lesson 5--Congress and the Presidency Textbook Objectives: 1, 2, 3, 4; Video Objectives: 5, 6, 7 Lesson 6-- Texas Casework & Oversight Textbook Objectives: 1, 2 Lesson 7-- The Presidency Textbook Objectives: 1, 2, 3, 5, 6, 8, 10; Video Objectives: 11, 12, 15 Lesson 8-- the Governor Textbook Objectives: 1, 2, 5, 6; Video Objectives: 8, 11 If I can be of any help to you before the test, please feel free to stop by my office (Deadrick Hall 209) during my office hours or give me a call (office: 335-6592). 7 TEXAS LEGISLATURE These are the areas that you need to stress in your essay: 1. Size of Texas House and Senate Texas House: 150 Texas Senate: 31 2. Terms of Texas Representatives and Senators Texas House: 2 year terms Texas Senate: Staggered 4 year terms 3. Powers of Presiding Officers -- Lieutenant Governor and Speaker --appointing committee chairs & vice chairs--go to allies of Lt. Gov. & Speaker --appointing a majority of every committee--allies go on important committees, stacked with a majority of friends of L. Gov. & Speaker --referring bills to the appropriate committee--bills they favor are sent to Afriendly@ committees, bills they oppose go to hostile committees --recognizing members on the floor of the House or Senate--can sometimes be used to refuse recognition to opponents or prevent a motion, resolution, or amendment to be offered that Lt. Gov. & Speaker --appointing members to the conference committee--they appoint members who will write the type of compromise they favor --interpreting procedural rules--usually to their advantage --appointing members to the Legislative Budget Board, Sunset Advisory Commission, Legislative Council, & Legislative Audit Board--appoint allies *Each of these powers are used to the advantage of the Presiding Officers and their allies, rewarding friends, punishing opponents, helping Agood@ bills pass & making sure Abad@ ones do not. 4. The three s=s --salary--$7200/year + $85/day for the days the legislature is in session. Who can afford to serve? Increases corruption, turnover, leads to lower quality of legislators. --session--TX. Constitution specifies the Legislature can meet only in odd-numbered years for a maximum of 140 days-biennial legis. sessions (unless the governor calls a special session--which can last for up to 30 days)--too short of time to consider all bills & take care of 2 years of business; leads to hurried, incomplete consideration of bills, inadequate research, study, etc.; leads to poor planning & budgeting because it must be done 2 2 years in advance. --staff--legislators have low paid, small, unprofessional, impermanent staff--this leads to many legislators looking to lobbyists & interest groups to provide much of the needed info, research, & bill drafting -- tremendous influence by lobbyists & big money interests; short session aggravates this problem & increases influence of lobbyists. 5. Inadequate Seniority System It offers little protection for many legislators to be reappointed to the same committees session after session --many are at the mercy of the presiding officers--if they displease the presiding officers, they may be bumped from important committees & relegated to committees of lesser importance--this Acommittee musical chairs@ prevents members from developing expertise in certain areas. 6. Constitutional Restrictions This further hinders & slows down the legislature, making it even more inefficient. Ex.: Constitutional requirement that every bill must be read 3 times on 3 separate days in both the House & Senate (for a total of 6) and pass 4 floor votes (2 in each house) 7. Vague Committee Jurisdiction This allows the Lt. Governor or Speaker to have several choices to send bills to & if one committee will not do what the presiding officers want, they can simply pull it out & send it to another committee; the end result is to stack the process in favor of bills the presiding officers support & against bills they oppose. 8. Weak Party Organization This is due to the fact that so few Republicans were ever elected to the legislature until recently. Currently, 16 of 31 senators are Republican and 72 of 150 House representatives are Republican. The effect of this weak party organization is that until recently there was no organized opposition to the majority party, or, more importantly, to the Speaker in the House and the Lieutenant Governor in the Senate. Thus, unlike Congress, the Texas Legislature did not have the check and balance that organized majority and minority parties provide in Congress and in many other state legislatures. This is changing as more Republicans are elected to the Texas Legislature. (The Republican majority in the Texas Senate is the first time Republicans have had a majority of the seats in either hose of the Legislature since Reconstruction in the 1869-71). Due to the redistricting of 2001, there is a good chance Republicans will gain control of the Tx. House of Representatives in the 2002 elections and the result would be a Republican Speaker. Republicans would then control both the Tx. House and Senate—the first time since Reconstruction! Texas has had a Republican Lt. Governor since the Nov. 2000 elections. RESULT: in a national study done of all 50 state legislatures (in the 1970's). The Texas legislature ranked 38 out of 50. 8 THE SEVEN ROLES OF THE PRESIDENT ORIGINAL ROLES INTENDED BY FRAMERS OF THE CONSTITUTION 1. CHIEF OF STATE -this includes the ceremonial duties the president must perform--meeting the handicapped child of the year, the Olympic team, the astronauts, touring a disaster area. -this is important for public relations--increases a president=s popularity and makes him look as if he cares, that he is not isolated. -this is more important today because of the impact of tv--thus, presidents, although busier, have to devote more time to this today. -personality, image, charisma, and good looks help in this role. -effective presidents in this role: Reagan, Kennedy, Eisenhower, FDR -poor presidents in this role: Carter, Nixon, LBJ 2. CHIEF ADMINISTRATOR -our framers intended this to be the main and most important duty of the president--implement the laws Congress passed. - today this is a larger role because of: 1. the greater quantity of laws and programs on the books 2. today Congress has delegated to the Exec. Branch the authority to fill in the details to the laws they pass-Congress lacks the expertise & time--and these bureaucratic rules/regulations/details determine how effective a law may actually be--strict or lenient, or full of loopholes -the power to issue executive orders, to appoint people loyal to him at the top levels of the bureaucracy, and to mobilize public support helps a president in this role -much of this power is delegated to his subordinates--cabinet, advisors, and lower level bureaucrats--thus, the power of appointment is important to insure compliance with presidential wishes: problem: civil service system weakens presidential control over the bottom 90% of the bureaucracy -new (implied) powers in this role (not in the Const.): 1. executive privilege--power to withhold information from the other 2 branches of government--important for national security or confidentiality reasons but can be misused (ex.: Nixon & Watergate tapes) 2. impoundment--power to refuse to spend money appropriated by Congress--because of Nixon=s abuses, Congress passed Impoundment Act of 1974 to limit this power--they can now override impoundment & force release of money. 3. COMMANDER-IN-CHIEF -specifically mentioned in Const., although after a long debate at Constitutional Convention, framers gave to Congress (only) the power to declare war -Pres. can appoint & promote officers in the military, dispatch troops and ships, plan military strategy, and make all final decisions in wartime -Problem: how far can president go as commander-in-chief before he must go to Congress & ask for a declaration of war? Const. is unclear -We have fought many undeclared wars--Vietnam, Korea, 1983 Grenada invasion, Panama invasion, and now AOperation Desert Shield@ in the Middle East -because of Vietnam Congress passed War Powers Act -still a great area of controversy, because of president=s sole power to decide to use nuclear weapons, need for quick decision making, & U.S. role as world leader today -Congress can cut off $ through power of appropriations, but not always easily done 4. CHIEF DIPLOMAT -In Const. Pres. given power to: 1. negotiate treaties--requires 2/3 Senate approval 2. appoint ambassadors--requires majority Senate approval 3. receive foreign ambassadors -congress has power of appropriations & can cut off $ at any time -framers intended this to be a shared role--a much more equal partnership -new power (implied): executive agreements--agreements with foreign nations not requiring Senate approval--these are increasingly used by Presidents, thus weakening a check by Congress--danger is that there are no guidelines as to what is a treaty & what is an executive agreement -President=s advantages: can cite national security, need for secrecy, & he has a monopoly of information (supposedly better informed)--CIA, diplomatic corps all report to President -since the Louisiana Purchase by Jefferson in 1803, President=s have increasingly taken the initiative in this area--Congress is left as a much weaker partner 9 NEWS ROLES OF THE PRESIDENT--NOT INTENDED BY FRAMERS OF THE CONSTITUTION 5. PARTY CHIEF -Framers expected president to remain nonpolitical & above politics -today this role is vital if a president is to get his legislative agenda through Congress--he must have the political skills of bargaining, compromising, & persuasion -President=s duties: 1. raise $ for party 2. campaign for party=s candidates 3. appoint party loyalists to governmental positions 4. keep party platform promises & get party=s agenda through Congress. -if President is too effective in this role, he is accused of putting his party before national interests--being Atoo political@ 6. NATIONAL LEADER -expected to maintain economic prosperity -expected to formulate national budget & send to Congress for approval -expected to educate & mold public & provide leadership & a sense of direction -expected to be a AMoral Leader@--get country to do what is right--ex.: JFK & LBJ pushing for civil rights & and end to discrimination of blacks in the 1960's -expected to be president of all the people--considering even the interests of those groups not voting for him -our framers had expected Congress to play this role originally 7. CHIEF LEGISLATOR -Powers in Constitution: 1. recommends legislation--now expected to send specific legislative proposals to Congress--framers didn=t intend this 2. message power--State of the Union message 3. veto power--has regular & pocket veto, no item veto--only 4-5 % of vetoes overridden--much more frequently used than framers intended & now a powerful weapon and bargaining chip with Congress -since FDR, over 50% of all bills that end up as law originated in the Executive Branch--thus, president initiates much of new legislation today--originally Congress expected to play this role 10 GOVERNMENT TELECOURSE 2302-NEWSLETTER 2 2002 Each of the 4 tests in this course will consist of 50 objective questions (multiple choice/true-false) worth 1 point each and a 50point essay. You will have a choice of answering one of the two essays on the test. Essay Study Questions for Test #2 Two of these four will be on the test. You will be able to choose one of the two to answer. Lesson 9-- The Bureaucracy 1. Discuss the structure, categories, functions, and growth of the federal bureaucracy. Explain the sources and limitations of presidential and congressional control over the bureaucracy. Explain the purpose and effect of the Civil Service System. Discuss recent and proposed reforms of the bureaucracy and explain the problems they are intended to solve. (Video #9 and C.& W., Ch. 14) Lesson 10--The Texas Bureaucracy 2. Explain the structure of The Texas bureaucracy and how a cabinet type government could alter the Texas administrative structure. Discuss 4 key reforms passed and 1 suggested reform. (Video #10 and K.N.P., Ch. 9, pp. 233-244 & 254-260) Lesson 12--Fiscal Policy (in Texas) 3. Discuss the following aspects of Texas fiscal policy: a. the four major categories of spending for the state of Texas and recent changes in these areas and reasons for those changes. b. Texas traditional fiscal policies (budget, taxing, and spending policies) c. the fiscal crises of the 1980s and the 1990s and the causes of those crises d. current trends in Texas taxation e. possible options for Texas to raise additional revenues and which are most likely to be adopted (Video #12 and K.N.P., Ch. 13) Lesson 13-- Foreign Policy 4. Discuss the following aspects of U.S. foreign policy: a. the history, philosophy, and major themes of American foreign policy b. who makes foreign policy for the United States c. the challenge(s) facing today=s foreign policy makers d. America=s World role in the 1990s and today (Video #13, C. & W., Ch. 15, pp. 5337-563 & 573-574) Objectives to Study for Multiple Choice Questions Unit II- Government Agencies and Public Policies Lesson 9-- The Bureaucracy Textbook Objectives: 1, 2, 3, 4, 6, 7; Video Objectives: 9, 10 Lesson 10--Texas Bureaucracy Textbook Objectives: 4, 6, 8,; Video Objectives: 10 Lesson 11--Domestic Policy Textbook Objectives: 1, 2, 3, 6, 7, 8, 9, 10; Video Objectives: 13 Lesson 12--Fiscal Policy Textbook Objectives: 2, 3, 4, 5, 7, 8, 11; Video Objectives: 12, 13, 14, 15 Lesson 13--Foreign Policy Textbook Objectives: 2, 3, 4, 5, 8; Video Objectives: 10, 12 Lesson 14--Globalism and Texas Textbook Objectives: 1, 2; Video Objectives: 3, 4, 5 Lesson 15--Global Politics Texas Objectives: 1, 3, 4, 5; Video Objectives: 6 11 GOVERNMENT TELECOURSE 2302-NEWSLETTER 3 2002 Essay Study Questions for Test # 3 Two of these four will be on the test. You will be able to choose one of the two to answer. Lesson 16—Texas Courts and the Criminal Justice System 1. Discuss the following aspects of the criminal justice system in Texas: a. the rise of crime and its various causes b. who are the criminals—a profile c. compare white and blue collar crime and their costs d. recent reforms in the Texas criminal justice system e. the civil rights of prisoners and the Ruiz v. Estelle decision (Video 16—esp. important & K,N, P, Ch. 10, pp. 271-273 & Ch. 11, pp. 307-311) Lesson 17--Federal Courts 2. Discuss the role of the U.S. Supreme Court in U.S. history giving examples of decisions of the Supreme Court and the impact on the nation from each of the following eras: 1. the Marshall Court 2. the Warren Court 3. the Burger Court 4. the Rehnquist Court a) define judicial review and explain its significance to our democracy b) how the Supreme Court gained the power of judicial review and why it was a controversy to begin with c) Congress=s checks on the Supreme Court d) the president=s checks on the Supreme Court (Video #17, C.&W., Ch. 15, pp. 495-505 & AEras of the Supreme Court Handout@) Lesson 18-- Judicial Selection in Texas 2. Discuss the following: a) The methods of judge selection in the U.S. b) The method of selecting state judges in Texas c) evaluate the method of selecting state judges in Texas. d) reforms -- especially the merit plan with retention elections (Video #18, and K.N.P., Ch. 10, pp. 274-280 & “Five methods of Judge Selection” handout) Lesson 19-- Criminal Justice 3. Discuss the following aspects of capital punishment: a) the arguments for and against the death penalty b) the guidelines set down by the U.S. Supreme Court for states using the death penalty (handout AU.S. Supreme Court Guidelines for Use of the Death Penalty@) c) the crimes for which the death penalty is possible in Texas d) the questions a Texas jury must answer before sentencing a defendant to death (Video #19, C& W<, Ch. 11, pp. 311-315 & K.N.P., Ch. 15, pp. 522-525) Objectives to Study for Multiple Choice Questions Unit III- The Courts and Criminal Justice Lesson 16- The Texas Courts and the Criminal Justice System Textbook Objective: 1, 2, 3, 7, 8, 9; Video Objectives: 11, 12, 13 Lesson 17- Federal Courts Textbook Objective: 1, 2, 3, 4, 5, 6, 7; Video Objectives: 10, 11 Lesson 18-Judicial Selection in Texas Textbook Objective: 1, 2, 3, 5; Video Objectives: 6, 7, 8 Lesson 19-Criminal Justice Textbook Objective: 1, 2, 4, 5; Video Objectives: 7, 8, 9 Lesson 20-Decision Making by the Courts Textbook Objective: 1, 2, 3, 4; Video Objectives: 7, 9, 10 If I can be of any help to you before the test, please stop by my office or give me a call . 12 ERAS OF THE SUPREME COURT ERA 1: MARSHALL COURT--1801-1835 1. Increased power of Supreme Court: Marbury vs. Madison (1803): a. Established judicial review. b. Constitution supreme law of land--takes precedence over congressional laws. 2. Increased power of national government: McCullock vs. Maryland (1819): ANecessary and proper clause@-Congress can pass all laws necessary and proper to carry out the enumerated powers--gave Congress & national government implied powers. ERA 4: WARREN COURT 1953-1969 1. Civil Rights: Brown vs. Board of Education (1954): a. Reversed Plessy vs. Ferguson. Segregated public schools unconstitutional (equal protection clause) because inherently unequal. 2. Rights of the Accused: a. expanded Aexclusionary rule@ by applying it to the states for 1st time. Illegally obtained evidence is inadmissible in court--freedom from unreasonable search and seizures. b. Established the right to a lawyer for all defendants. The court must appoint a lawyer for those unable to afford one. c. Miranda vs. Arizona (1966): 5th Amendment--freedom from self-incrimination. Police must read suspect their rights before interrogation. Failure to do so means suspects statement or confession is inadmissable in court. 3. School Prayer/Separation of Church and State: Prayers in public schools unconstitutional because they are a violation of the Aestablishment clause@BACongress shall make no laws respecting the establishment of religion@--1st Amendment. 4. Apportionment & Gerrymandering: Established the Aone man--one vote@ doctrine. Legislative districts must be equal in population. Applies to U.S. House of Representatives & both houses of state legislatures ( & later extended to local government--city & county) 5. Established constitutional right to privacy: invalidated a state law banning dispensing birth control devices 6. Pornography & Freedom of Press: Established a more lenient definition of obscenity, making pornography more difficult to legally ban 7. Right to Demonstrate: Protected the rights of unpopular groups to march peacefully ERA 5: BURGER COURT -- 1969-1986 1. CIVIL RIGHTS: The Burger Court expanded civil rights decisions by upholding busing to integrate public schools and affirmative action programs to expand minority opportunities in jobs and colleges. They also expanded civil rights to include sex discrimination and the protection of women=s rights. 2. APPORTIONMENT: The Burger Court has continued to follow and uphold the Aone man-one vote@ rule established by the warren Court. 3. SCHOOL PRAYER: The Burger Court has continued the pattern of the Warren Court by declaring unconstitutional organized prayers in public schools as a violation of the 1st Amendment=s Aseparation of church & state@ requirement. 4. RIGHTS OF THE ACCUSED/SUSPECTS: The Burger Court has weakened the Warren Court rulings in this area. They have weakened the Miranda rights and the exclusionary rule by providing loopholes for police to get around both. The Burger Court has also upheld the death penalty as constitutional ad has made it more difficult for defendants to appeal their conviction based on Aminor errors@ or technicalities committed by the trial court. 13 5. RIGHT TO PRIVACY: An expansion--by including legalizing possession of obscene material in home, no wiretapping of phone without prior court order, and including abortion rights. The Burger Court legalized abortion by stating that women had a constitutional right to an abortion in months 1-6, based on the implied constitutional right of privacy. 6. REVISED DEFINITION OF OBSCENITY/PORNOGRAPHY: Under the Miller test, 3 questions must be asked, and allows applying Acommunity standards@ to definition. Allows more conservative communities to have tougher definitions of obscenity. 7. RIGHT TO DEMONSTRATE: Continued to protect rights of unpopular groups to demonstrate if peaceful. CONCLUSIONS: The Burger Court has not been the conservative court Nixon and many others hoped it would be when Nixon was able to appoint 4 new justices. However, it did become less liberal than the Warren Court in some areas, particularly the Arights of suspects.@ However, in other areas --abortion and civil rights--it actually expanded on earlier liberal Warren Court decisions. ERA 6: REHNQUIST COURT -- 1986 to the Present REHNQUIST COURT: Court scholars now consider the Supreme Court as having the first solid conservative majority since 1937 (Rehnquist, Scalia--both ultra conservatives & considered persuasive & brilliant-- & O=Connor, Kennedy, & White) the Supreme Court has become increasingly conservative under chief Justice Rehnquist=s leadership. This Amore Conservative direction@ can be seen in 3 areas: abortion, civil rights, and defendants= rights. Which of the Aliberal@ decisions of that past they reverse remains to be seen. Here are some of the key Rehnquist Court decisions: 1. CIVIL RIGHTS: A weakening of some earlier civil rights decisions: a. busing: has reduced court ordered busing to integrate public schools. b. has make job discrimination more difficult to prove in court. c. has reduced the need for affirmative action plans 2. RIGHTS OF THE ACCUSED: Weakened exclusionary rule--Rehnquist Court allows police to make Ahonest mistakes@ and not suppress evidence taken in mistaken search & also weakened Miranda ruling by allowing some exceptions. 3. RIGHT TO PRIVACY--Abortion: Has allowed (in Webster vs. Reproductive Health Services) states, to place Areasonable restrictions@ on a woman=s constitutional right to an abortion (although did not overrule Roe vs. Wade 1973) that established abortion rights. 4. FREEDOM OF EXPRESSION: Flag burning--Declared unconstitutional laws that prohibit burning the U.S. flag (it is protected symbolic speech under the 1st Amendment) CONCLUSIONS: The Rehnquist court has pursued a more conservative direction in 3 areas: abortion supporting police and prosecutors while narrowing defendants= rights, and civil rights. On first amendment issues (freedom of speech, press, and religion) the Court has not been that conservative. It might be labeled Astrict constructionist,@ anti-abortion, passive on civil rights, and tough on crime. 14 FIVE METHODS OF JUDGE SELECTION IN THE U.S. 1. APPOINTMENT BY THE EXECUTIVE 2. APPOINTMENT BY THE LEGISLATURE 3. PARTISAN ELECTIONS (Candidates run with party labels) 4. NON-PARTISAN ELECTIONS (Candidates run without party labels) 5. MISSOURI (MERIT) PLAN The first two methods, the appointive methods are cited as undemocratic because the voters have no direct say in choosing their judges. It has also been argued that with the appointive method, unless a person supports the right party in the last election and/or has ties to important political leaders, he/she does not have much chance of being appointed. Generally, women and minorities, who may lack these ties and connections, are at a disadvantage. However elections because the voters have little knowledge or information to determine the qualifications of judicial candidates. The elective methods, (3&4) are cited as being more democratic because it allows the voters to directly vote on their judges. However, experience shows that voters have frequently voted out of ignorance and have elected some candidates with some questionable backgrounds--either the legal qualifications are weak or there are some ethical problems. Also, elections force judicial candidates to solicit campaign contributions. To attract money, promises have to be made. It is argued that this forces judges to become politicians and to make promises that may compromise their fairness and objectivity as a judge. It has also been argued that judges facing a close reelection effort may be tempted to cater to public opinion and hand down a politically popular decision rather than a legally or constitutionally correct one. This is what our founding fathers gave federal judges= lifetime appointments--to keep them above politics and being tempted to appeal to public opinion. If any of the three branches has no business doing that, it would be the judicial branch. AU.S. SUPREME COURT GUIDELINES ON THE USE OF THE DEATH PENALTY@ In a series of decisions dating back to the 1970's, the U.S. Supreme Court has handed a set of guidelines for the states that wish to use the death penalty. The court has ruled that the death penalty does not violate the 8th Amendment=s protection against Acruel and unusual punishment@ as long as certain guidelines are followed. These guidelines include: 1. There can be no mandatory death penalty. 2. The death penalty can only be used for crimes in which a life has been taken. 3. A careful consideration must be given to the character and record of the defendant and the circumstances of the crime. 4. There must be consideration of any relevant circumstances. 5. Persons opposed to the death penalty cannot be excluded from the jury. 6. The death penalty is not a violation of the 8th Amendment=s ban against cruel and unusual punishment if the above procedural safeguards are followed. GOVERNMENT TELECOURSE 2302-NEWSLETTER 4 SPRING 2002 Essay study Question for Test #4 Two of these four will be on the test. You will be able to choose one of the two to answer. 15 Lesson 23BFirst Amendment Freedoms 1. Discuss the following aspects of our first Amendment freedoms: a) the free exercise clause, what or founding fathers intended, and Supreme Court rulings in this areaBactivities both protected and not protected. b) the establishment clause, what our founding fathers intended, Supreme Court rulings and doctrines in this area, and activities both allowed and not allowed. c) freedom of speech, what our founding fathers intended, Supreme Court rulings and doctrines in this area, and types of speech protected and unprotected. d) freedom of press, what our founding fathers intended, Supreme Court rulings and doctrines in this area, and types of speech protected and unprotected. e) freedom of assembly and petition and what they protect and allow. f) the two implied freedoms in the first amendment and what they protect. (Video #23, C. & W., Ch. 4, pp. 90-104, 113-114 and First Amendment Handout) Lesson 24BRights of the Accused 2. Discuss the criminal justice rights in amendments= 4-8 and key Supreme Court decisions in this area. Explain the abuses that the Supreme Court has attempted to end through its decision. (Video #24, C. & W., Ch. 4, pp.104-113 and Criminal Justice Handout) Lesson 25BThe struggle for Equal Rights 3. Discuss the following aspects of the civil rights movement: a) discrimination and treatment of blacks (handout & text) e) discrimination and treatment the handicapped and b) discrimination and treatment of Hispanics (handout & text) disabled (Video) c) discrimination and treatment American Indians (text) f) discrimination and treatment of gays (text) d) iscrimination and treatment of women (handout & text) g) types of discrimination that still exist today and new civil rights issues we face today. (text) (Video #25, C. & W., Ch. 5, pp. 123-162) Lesson 26BCivil Rights and Equal Protection (in Texas) 4. Discuss the following aspects of the civil rights struggle in Texas: 1) discrimination African Americans faced in Texas and how they overcame that discrimination. 2) the role of the 14th Amendment. 3) how voting rights were extended to all citizens in Texas. 4) the problem of de facto segregation. 5) the significance of the Edgemont vs. Kirby decision by the Texas Supreme Court. 6) the significance of the Hopwood decision. (Video #26 and K.N.P., Ch. 11, pp. 301-307) Objectives to study for Multiple Choice Questions Unit IV: Civil Liberties and Civil Rights Lesson 21BDue Process of Law Textbook Objective: 2, 3, 4, 5; Video Objectives: 6, 7, 8, 9, 10 Lesson 22BFirst Amendment Civil Liberties Textbook Objective: 1, 2, 3, 4; Video Objectives: 5,6 Lesson 23BFirst Amendment Freedoms Textbook Objective: 2, 3, 4, 5, 6, 7, 8, 9; Video Objectives: 11, 12, 13 Lesson 24BRights of the Accused Textbook Objective: 2; Video Objectives: 4, 7 Lesson 25BThe Struggle for Equal Rights Textbook Objective: 2, 3, 5, 6, 7, 8, 9, 10, 11; Video Objectives: 13, 14, 15 Lesson 26BCivil Rights and Equal Protection Textbook Objective: 1,2, 3, 4, 5; Video Objectives: 6, 7, 8, 9 16 FIRST AMENDMENT FREEDOMS First Amendment freedoms come under freedom of expression and courts have said they are vital to democracy - they will bend over backwards to protect them. I Establishment Clause a. Official religion from being established. b. National church from being established. c. Government financial support of any church or religion. a. Requires the separation of church and state . b. Requires government neutrality toward all religions. c. Requires no government favoritism toward any church or religion. d. Lemon test used: must reflect a secular legislative purpose, neither advance nor inhibit religion, and no govt. entanglement. II Free Exercise Clause 2. freedom to believe is absolute, freedom to worship is not -- if it endangers others or is too far out from society=s norms. III Freedom of Speech 1. Very important in a democracy -- to protect right to criticize govt. and dissent. a. Political speech: most important -- courts use clear and present danger rule--can only be punished if its so inciteful that it leads to lawlessness so immediate that no opportunity for discussion exists. b. Pure speech: govt. has no business regulating this type because is personal, private speech between family and friends. c. Commercial speech: advertising; must be truthful; regulated by captive audience rule -- if aimed at people who can=t easily escape it, can be regulated. d. Symbolic speech: actions that express an idea (burning flag or draft card0; is protected unless disrupts a govt. program or disrupts the operation of the facility where it takes place. IV Freedom of Press a. Irreparably harms national security. b. Violates defendant=s right to a fair trial -- courts can issue gag order as last resort. c. Harms vital national interests. a. pornography / obscenity b. reporter=s confidential sources - - unless a shield law in the state. c. libel V Right of Assembly 1. Must be peaceful to be protected 2. Cannot be on private property without consent of owner 3. Three permissible restrictions: time, place, & management VI Right to Petition Govt. for Redress of Grievances 1. This protects lobbyists, interest groups and the right of the public to communicate with, contact, and try to influence government officials and decisions. VII Two Implied First Amendment Rights 1. Freedom of Association: right to join the organization/group/of your choice - - group membership cannot be outlawed (this protects KKK, Communists, Nazis, Gay Lib, and other popular groups.) 2. Right to Demonstrate: this involves picketing, protesting, marching, demonstrating -- must be peaceful and cannot be on private property without consent of owner; same 3 restrictions apply here as for freedom of assembly: time place, and management restrictions . VIII Types of Expression NOT protected by First Amendment 1. Obscenity/pornography 2. Libel and slander 3. Sedition and Subversion 4. Fighting words 5. Fraudulent advertising I. RIGHTS OF CRIMINAL SUSPECTS (Primarily in Amendments 4-8) No unreasonable searches and seizures - police need a valid search warrant (or probable cause) in most cases 17 Amendment 4. Exclusionary rule - illegally seized evidence cannot be used - Amendment 4. Wiretapping and electronic eavesdropping- police need a court order - protected by right of privacy and Amendment 4 - no unreasonable searches and seizures. Protection from self-incrimination and coerced confessions - Amendment 5 Miranda rights - When taken into custody and question - Amendment 5 and 6. Police must read you your rights: This is to protect the “less educated” who may not know their rights. 1. Right to remain silent 2. Anything you say can be used against you. 3. Right to a lawyer 4. If too poor to hire own lawyer, court must appoint one. 5. Can stop questioning at any time and request to see a lawyer. II RIGHTS OF THE ACCUSED 1. Indictment by a grand jury - for all felonies - Amendment 5. 2. Admission to bail – no excessive bail - while awaiting trial - Amendment 8. 3. Speedy and public trial by a jury of your peers - Amendment 6. a) speedy trial - never defined b) public trial - must be open to public and press c) impartial jury randomly selected – no opinion or quilt or innocence when selected & no ties to case or defendant 4. Right to counsel (lawyer) - Amendment 6 - If you cannot afford to hire own lawyer, court must appoint one. 5. Protection from double jeopardy - cannot be tried twice for the same crime - Amendment 6. Right to confront witnesses – know witnesses against you & cross-examine them 7. Know Charges against you –to prepare your defense 8. Subpoena witnesses – to obtain witnesses on your behalf for your defense III PUNISHMENT AND REVIEW OF CONVICTION 1. Sentencing - generally can choose to be sentenced by either a judge or a jury. 2. Freedom from cruel and unusual punishment - Amendment 8 - Death Penalty and Punishment a) no torture or barbarous punishment (branding, whipping, castration) b) sentence must be reasonable - in proportion to the crime c) death penalty constitutional if certain Supreme Court guidelines are followed to guarantee fairness in its use. 3. 14th Amendment - Due Process Clause (No state shall deprive a person of life, liberty or property without due process) Extends these Bill of Rights protections to the states - state courts, state law enforcement and prisons. – no excessive fines 8th amendment 4. Right of Habeas corpus - Article 1, Section 9 - protection against false arrest - must be taken before judge and told why being held - police must justify arrest or release you. 5. Right to Appeal - although this is not an absolute guarantee your appeal will be accepted, you must convince the appeals court an important error was made affecting the “fairness” of the trial. 18 If I can be of any help to you before the test, please stop by my office or give me a call. I THINK THAT FOR THESE UNITS THE UPCOMING REVIEW SESSION WILL BE EVEN MORE IMPORTANT AND USEFUL TO ATTEND. THERE IS A LOT OF MATERIAL AND MUCH OF IT IS SOMEWHAT COMPLEX & DIFFICULT WITH A LOT OF RULES, TERMS, & GUIDELINES HANDED DOWN BY THE SUPREME COURT. FROM PAST EXPERIENCE WITH AMY ONCAMPUS COURSES, ALTHOUGH MOST STUDENTS FIND THE MATERIAL VERY INTERESTING, MANY ALSO FIND IT MORE DIFFICULT THAN USUAL. FEEL FREE TO BRING A LIST OF QUESTIONS TO THE REVIEW. I WILL BE WILLING TO STAY LONGER THAN USUAL TO ANSWER ALL QUESTIONS. SIX TYPES OF DISCRIMINATION BLACK AMERICANS EXPERIENCED 1. Political DiscriminationBBlacks were denied their constitutional right to voteBguaranteed by the 15 AmendmentBthrough five practices that were once legal and used in various Southern states: the grandfather clause, the white primary, the poll tax, the literacy text, and the character test. The first 3 were eventually declared unconstitutional by the U.S. Supreme Court. The last two have been banned by the Voting Rights Act. 2. Economic DiscriminationBLaws were passed in Southern states barring blacks from entering certain more skilled and higher paying occupations. Sharecropping tied them to a cycle of poverty and debt handed down from generation to generation. As long as they owed debts, they could not legally leave the country and find better opportunities elsewhere. Blacks today still face job and pay discrimination (which are illegal). They often are paid less than similarly qualified whites or are not hired or promoted beyond a certain level. 3. Social DiscriminationBLaws were passed in the South establishing de jure segregation (required by law). These were upheld in the Plessy vs. Ferguson case in 1896 through the Aseparate but equal@ doctrine. The Court reasoned, where was the inequality if the separate black facilities were equal in quality to the white ones? Rarely was the >@equal@ part enforced. Segregation meant inferior facilities or no facilities for blacks. This was finally ended by the U.S. Supreme Court in 1954 in the Brown decision for public schools and in 1962 for public facilities. Today, we still experience de facto segregationBresulting from economics, customs, tradition, and housing patterns. 4. Educational DiscriminationBSegregated black schools were almost always inferior in quality to white schools. Thus, black students were not competing on an equal basis with whites in the job market and to enter college. Today, inner city, primarily nonwhite schools are still inferior compared to suburban schools because of an inadequate tax base. 5. Psychological DiscriminationBBlacks have been viciously stereotyped throughout much of American history by the media, books, magazines, and scholars. They were generally portrayed as dumb, lazy, shiftless, immoral, inferior, and generally undeserving of the same rights whites had. This justified the discriminatory treatment against blacks and still affects white attitudes towards blacks today. These attitudes, although less prevalent, still remain today. 6. Physical DiscriminationBBlacks who stood up for their rights, complained, were assertive, did not act submissively, and jumped out of line were threatened with physical violenceBKKK actions, cross burnings, vandalism, beatings, and brutal lynching. This was not a crime and attempts to pass any anti-lynching law in Congress were always defeated. Grand juries generally refused to indict whites for lynching blacks and trial juries refused to judge guilty the few who were indicted. This lasted into the 1960's!!! This was legalized violence and murder!!! 19 HISPANICS I Hispanics (Latinos, Latins . . . ) Anyone with a Latin American background; sometimes includes those with Spanish and Portuguese backgrounds.1998--28 million Hispanics in U.S. -- Second Largest minority group in U.S. and the fastest growing; will surpass blacks in the 1990s. Fifty-three Million by 2020. Mexican Americans -- 65% Puerto Ricans -- 10% Cuban Americans -- 4% All others with Central and South American backgrounds -- 13% Common Characteristics -63% born outside U.S.; indicates many are recent arrivals and first generation -43% speak little or no English -90% speak Spanish = language barrier (causes more problems) -50% feel Hispanic first, American second -- ties to old culture -89% feel they must pass down cultural and religious tradition to kids = ties to old culture -U.S. born: -75% speak English proficiently -51% feel it is most important for kids to learn English Where they live: 75% live in just five states: California -34%, Texas - 19%, New York - 10%, Florida - 7%, Illinois - 4% = 75% Income: Hispanics -- 27% below poverty line; Non-Hispanics -- 16% Education: (High School graduates) Anglos 67%; Blacks 46%; Hispanics 40%; high number of dropouts Politics: ( Registered to vote) Hispanics 38%; Non-Hispanics 67 -2-Parent household with minor children: 37% - Hispanics v. 26% - U.S. -Divorced: 7.9% - Hispanics v. 9.2 % U.S. -Strong Work Ethic: Hispanic Men - 80% employed -- U.S. average - 67% of men = strong work ethic II Puerto Ricans -Economic refugees -- come to U.S. for better economic opportunities -Most settle in New York area -- face much poverty and discrimination--worse off than Mexican Americans or Cuban Americans -- many still live in ghettos -Have one advantage: are U.S. citizens before they arrive = political advantages III Cuban Americans -Are the best off of all Hispanic groups -- have made it in U.S. society, middle class -Reasons why : 1. are political refugees fleeing communism in Cuba -- welcomed in U.S. society, given much help 2. most who came were middle income or upper class -- brought money, high education, white collar job skills 3. many are a part of the establishment in Miami and Florida -- revitalized Miami 4. many first generation Cuban immigrants are reluctant and slow to become U.S. citizens because hope to return to Cuba one day IV Mexican Americans -Largest Hispanic group, largest minority in Southwest -Similar to Indians -- a conquered minority -- were here when Anglo- Americans arrived. Most Mexicans in Texas sided for independence from Mexico, some died at the Alamo, provisional vice-president of Texas Republic was Tejano (Mexican American) - Treaty of Guadalupe Hidalgo ending Mexican-American War had 2 important guarantees: 1. Spanish and Mexican land grants would be recognized by U.S. with little proof required 2. Mexicans choosing to remain in Southwest after war automatically guaranteed U.S. citizenship and all such rights -U.S. did not live up to these 2 guarantees -- much land lost by Mexican-Americans and they faced much discrimination -Mexican-Americans valued primarily as cheap labor. -First big influx of Mexican-Americans into U.S. was in 1910 - 20 during bloody Mexican Revolution. - U.S. sent labor recruiters into Mexico during 1920s begging Mexican workers to come north -When Depression hit, 1930s, Mexican-Americans viewed as taking jobs from Americans, so many were illegally deported ( 2 million) in operation Wetback even though many were here legally or were U.S. citizens --no hearing held, contrary to law -WWII: U.S. had another labor shortage, so we recruited again, and started bracero program -- an agreement between U.S. and Mexican govt. -- jobs, pay, and housing guaranteed to Mexican workers, and after job over, Mexican workers returned to 20 Mexico. This program ended in 1965 due to pressure from unions, some Hispanics and others who felt they lost jobs to braceros willing to work for less -- end of bracero program led to beginning of huge flow of illegal aliens from Mexico. -Mexican-Americans never faced de jure segregation, but face de facto segregation, job discrimination, social discrimination and stereotyped as lazy, bumbling, always taking siestas, violent Cesar Chavez -- founded United Farm Workers union to help migrant workers attain better pay, treatment, benefits, etc. --used strikes, boycotts, and economic pressure. LULAC B oldest Hispanic civil rights group -- use court litigation, stress assimilation and learn English quickly. Raza Unida B a third political party founded by Mexican-Americans in Texas to represent MexicanAmerican community and run Hispanic candidates -- spread to 37 states, in decline. Cisneros Case -- Supreme Court told Texas they could not integrate their schools by simply mixing blacks and Hispanics (who were legally white), but they had to integrate blacks, Mexican-Americans, and Anglos -Mexican -Americans could not be considered AWhite@ for integration purposes. Texas compares poorly in its treatment of and opportunities given Mexican-American in comparison to 4 other southwestern states. Rodriguez case(1975) -- case filed by a Mexican American challenged the constitutionality of the property tax to finance public schools because he argued (due to lower property values in the inner city as compared to the suburbs) that it perpetuated unequal inferior inner city schools, which contributed to inner city students (primarily nonwhite) receiving an inferior education, which meant they were at a disadvantage competing in the job market or attempting to enter college --end result -- these students would end up in lower paying jobs, could then afford to live only in cheaper housing (located primarily in the inner city) and their children (the second generation) would then be attending the same inferior schools and getting the same inferior education -- perpetuating the APoverty Cycle.@ Although the Supreme Court did not contest his statistics, they ruled that the property tax was constitutional -- thus perpetuating the inferior schools for inner city students. Edgewood v Kirby(1989)--Texas Supreme Court ruled use of property tax as primary method of financing Texas public Schools violated the Texas Constitution and Texas must close funding gap between wealthy and poor school districts. Causes and Solutions to illegal alien problem: -Causes: 1. poverty in Mexico and Latin America, 2. lack of jobs, 3. high population growth, 4. U.S. projects itself as Aland of opportunity@ -- exaggerated, 5. U.S. employers knowingly recruit and hire them because no penalties, 6. inadequate border patrol -- kept this way deliberately by some groups lobbying Congress because they want cheap labor. -Solutions: 1. penalize employers who knowingly hire, 2. beef up border patrol, 3. help Mexico with internal problems with more foreign aid, 4. change U.S. propaganda as Aland of opportunity@ -- don=t oversell U.S., 5. quit recruiting illegal labor. NEW IMMIGRATION REFORM AND CONTROL ACT OF 1986: 1. Increases by 50% the number of border patrol officers. 2. Grants to most undocumented aliens who came to the U.S. before Jan. 1, 1982 the right to become permanent resident aliens (and eventually citizens). 3. Creates fines for employers who knowingly hire undocumented aliens and requires them to keep records. 4. Allows a certain number of aliens to come into the U.S. to serve as temporary farm workers. Criticisms: 1. Hispanics fear that the fines will make employers hesitate to hire Hispanics (or anyone who Alooks or sounds@ foreign) = more job discrimination, 2. Employers worry about keeping costly records, 3. Workers are worried that the temporary workers allowed in will be used to keep wages low, 4. Others fear the negative effect on Mexico and that it will worsen our relations with Mexico. -Studies conflict as to whether illegals take jobs from U.S. workers -- most do pay taxes and don=t take social services for fear of being caught. Proximity of Mexico and how it affects Mexican - American Assimilation 1. Because Mexico is so close, easy to travel back and forth, visit relatives. 2. Spanish media in Southwest undermines attempts to learn English. 3. In many Southwestern towns, Mexican Americans are a majority, so less need to learn English and assimilate; constant influx of new immigrants from Mexico reinforces old language and cultural traditions -- all of this makes assimilation for Mexican-Americans more difficult than for other groups, thus assimilate slower. -in 1940s and 1950s, it was to their advantage for Mexican-Americans to be considered white. Since 1960s it is to 21 their advantage to be considered Hispanic, a minority 22 ASIAN AMERICANS CHINESE -- They were the first major Asian immigrants into the U.S., entering in the 1860s-1880--valued primarily as cheap labor, especially in the building f the transcontinental railroad. They were viewed with suspicion from the beginning, due to racial prejudice. They were stereotyped as Asly, cunning, devious, immoral, docile, drug dealers,@ and labeled the Ayellow peril.@ Three factors bothered Americans about the Chinese and other Asian immigrants: 1. Racial differences: they were the first major nonwhite group to immigrate to the U.S. (excluding blacks). 2. Religious differences: They were the first major non-Christian group to enter the U.S. (excluding blacks) 3. Cultural differences: The Oriental culture or AOriental mind@ was viewed as too different from the Western mind. CONCLUSION: For the above 3 reasons, the Chinese and later, other Asian immigrants, were viewed as unable to assimilate into American culture. The Chinese Exclusion Act of 1882 barred further Chinese from legally entering the U.S. JAPANESE-- With the barring of legal Chinese immigrants, Americans on the West coast, needing a new source of cheap labor, turned to the Japanese, who began entering the U.S. from the 1880s until 1924, when a law was passed barring any more Japanese immigrants from legally entering the U.S. Although the Japanese were viewed with slightly less suspicion than the Chinese (due to their higher level of education), they still encountered much prejudice. The fact that they competed very well economically, and became very successful farmers and businessmen threatened many Americans. Laws were passed prohibiting anyone born in Japan from becoming a U.S. citizen, owning land in California, or leasing it for long periods of time. The Japanese attack on Pearl Harbor in December 1941 caused a wave of hysteria on the West coast. The federal government was pressured to Ado something@ to rid the West coast of the AJapanese threat@--many Americans viewed them as a security threat, loyal to Japan, not the U.S. As a result, President Roosevelt signed an executive order authorizing the removal of 114,000 Japanese Americans from the West coast and their detention in Adetention camps@ in the interior of the U.S. from spring 1942-early 1945. They had 48 hours to sell or get rid of their assets, could only take what they could carry, and lost an estimated 90% of their assets. In a court suit, the Korematsu case, the U.S. Supreme Court upheld this detention by a 6-3 vote, even though 70% plus of these Japanese Americans were U.S. citizens. Economic pressure from labor unions, businesses, and farmers in California, along with racial prejudice, led to this. Few Americans questioned this. TODAY-- Japanese Americans have a suit pending in the federal courts to get the earlier 1943 decision reversed, receive compensation for their losses, and get a formal apology from the U.S. government. A congressional commission established to study the matter concluded: (1) there existed no real security or military threat from the Japanese Americans, (2) FDR=s military advisors told him this was not necessary, and (3) this relevant information was withheld from the Supreme Court prior to their 1943 decision. Clearly, this was a violation of their constitutional rights, the Bill of Rights, and we simply assumed they might be guilty because of their race. There never was one act of disloyalty or espionage ever proven against any Japanese American. Based on the findings and recommendations of the congressional committee, the US government issued a formal apology to Japanese Americans for the internment and Congress appropriated funds to compensate each of the 60,000 survivors of those internment camps at $60,000 each. Japanese Americans are still working to get a reversal of the Korematsu decision, arguing that as long as it has not been reversed, it could serve as a legal precedent to do something similar to any other ethnic or racial minority in a future war or conflict—(Ex.: Middle Eastern or Arab or Muslim Americans—in response to the Sept. 11, 2001 terrorist attacks.) QUESTION: Why did we only round up the Japanese Americans, and not the German or Italian Americans whose mother countries we were also at war with? German and Italian Americans had assimilated into American society and they were not racially different and could not easily be identified and rounded up. TODAYBJapanese and Chinese Americans rank above the national average in both education and income. The top four groups with the highest median incomes are all Asian American. They have succeeded economically despite prejudice. Why: Their strong work ethic, their emphasis on education, and the Asian 23 cultural tradition of doing nothing to embarrass the family. 24 SEX DISCRIMINATION AND THE LAW 1. SOCIAL SECURITY LAWS Women lose all of their husband=s social security benefits if the divorce occurs before the marriage has lasted 10 years. This hurts the non-working woman who had no career or gave it up to be a housewife and take care of the kids. ***THE LAWS BELOW ARE STATE LAWS AND VARY FROM STATE TO STATE*** 2. DIVORCE LAWS In some states men may get a divorce from their wives on certain grounds (drunkenness or adultery) that the woman cannot use against her husband to get a divorce. 3. INHERITANCE TAX LAWS In some states the widow (a woman) still has to pay an inheritance tax on her husband=s estate. But the widower (a man) pays a lower tax rate or no tax at all. (Even though men are usually financially more able to pay the tax.) 4. PHYSICAL ABUSE In some states, a wife still cannot sue her husband for beating her up. This goes back to the days when a wife was her husband=s property, and he could do as he pleased. If he beat her, she Amust have done something to deserve it.@ 5. NEGLIGENT INJURY In some states, if a wife=s injuries lead to a loss of marital relations, the husband can sue the party responsible for his wife=s injuries on the grounds of Aloss of consortium.” But the wife cannot do the same if it=s the husband=s injuries that lead to a loss of marital relations. It=s the old idea that sex is more important to men than women, so no big deal if a woman loses it: (This was true in Texas until 1978.) 6. ALIMONY In some states (Texas), alimony is forbidden. This penalizes the non-working woman who gave up her career to be a housewife and mother. She often has no education or job skills to fall back on. Employers are often unwilling to hire such women, especially if they are in their 50s or 60s. 7. RAPE With the exception of several states, a husband cannot be charged with raping his wife--he has certain privileges. Women=s groups argue if the couple is separated and/or undergoing a divorce, the woman should have legal protection from being attacked by her husband. 8. CREDIT Although a 1977 federal law prohibits discrimination for credit on the basis of sex, indications are that women still find it more difficult to obtain credit due to the old stereotype they cannot manage money, have no business sense, can=t balance a checkbook, etc. 9. JOBS & PAY Although a 1963 federal law prohibits pay discrimination on the basis of sex and a 1964 law prohibits job discrimination on the basis of sex. Women often find they are not seriously considered or hired for certain Atraditionally male@ jobs (usually better paying and higher level jobs) or they are paid less for the same job. Women in Atraditionally female@ jobs (nurses, teachers, secretaries) are often paid less than men in Atraditionally male@ jobs (truck drivers, deliverymen, salesmen) even though the women=s jobs in these instances require more training and education. 10. MANAGEMENT OF PROPERTY In some states, despite community property laws, where both the husband and wife jointly own the property, the non-working wife must allow her husband to manage all funds and property and he can make major business decisions without her consent or signature, but she cannot without his. 25 ODESSA COLLEGE CODE OF STUDENT CLASSROOM BEHAVIOR How well you do in college is connected, at least in part, to how well you can adjust to the various expectations attached to your new role as a college student. Teachers will judge you by how well or poorly you conform to their expectations of a successful student. These guidelines do not represent those of all instructors, but it pays you to know, in general, what behaviors define a Good Student. Obviously, each teacher in each course may have slightly different expectations that you should ask about if they are not made clear to you early in the semester. What follows is a general description of what many teachers here at Odessa College expect from their good students: Good Students behave in ways that enhance the learning experience for everyone in the class. They attend regularly and come to class prepared even after an absence; They arrive on time and stay for the entire class; They are engaged during class, often actively participating in lecture and discussion; They leave cellular phones, beepers, and other electronic equipment turned off during class: They are attentive during class, not whispering, giggling, or holding side conversations; They use appropriate language in class: no profanity or foul language; They wear clothing that allows them to participate fully in class activities, clothing which does not distract others in class; They stay on task, using class time to work on projects related to that class, rather than reading for or working on projects related to other classes; They avoid using tobacco during class or eating or drinking in classes where it is inappropriate; Good students practice personal and academic integrity They do not cheat in or out of class on tests and quizzes; They do not plagiarize on assignments: hand in the work of others as their own; They do not lie or make excuses; They complete assignments, projects, papers, and exams in a timely manner. Good students respect the dignity of all people. They do not compromise or demean the dignity of others by taunting, teasing, insulting, sexually harassing or discriminating; They respect the opinions of others in the class; They do not engage in theft, vandalism, or malicious damage of property; They encourage the equal rights and treatment of all students, regardless of age, gender, race, religion, ethnic heritage, socioeconomic status, sexual orientation and/or political ideology. Good students are responsible for their own needs. $ $ They recognize it is their responsibility to communicate any problems or concerns to the appropriate Odessa college personnel, such as instructors, counselors, and coaches. This includes extended absences, health problems, job conflicts, emergencies, incarcerations, family problems, and documented learning disabilities; They follow appropriate procedures if they a grievance. After discussing the problem with the instructor, coach, or counselor first, they proceed in a hierarchical order as diagramed below, following the steps outlined in the Student Right to Due Process, available in full text from the office of the Vice-President for Student Life. Student Instructor/Coach/Counselor Department Chairperson Division Dean Vice President President of Odessa College Board of Trustees 26 27