POLS 1101 Lecture 6Outline of Last Lecture I. PuzzleII. Federalism as Response to Collective DilemmasA. Prisoner’s DilemmaB. Collective Action ProblemsC. Free-Rider ProblemsIII. Federalism and CompetitionIV. Laboratories of DemocracyA. The Emergence of State LotteriesV. Differing Preferences and Coordinated PolicyVI. Do people get what they want?VII. Federal influence on States SpendingA. Grant-in-AidB. Categorical GrantsC. Revenue SharingD. Block GrantsE. ContrastVIII. Revisiting the PuzzleOutline of Current Lecture: Civil RightsI. Civil Rights II. Civil LibertiesIII. Constitutional Provisions for Rights and LibertiesA. Bill of Rightsa. Civil War Amendmentsb. New Voting Groupsc. Judicial InterpretationIV. Rights and Liberty FailuresV. Court LegitimacyA. Tyranny of the MajorityB. Failure to uphold rightsC. Major Rulings of the Civil Rights MovementVI. Civil Rights MovementA. Main FocusB. Unjust lawsC. Key LawsVII. Women’s RightsVIII. Affirmation ActionIX. Gay RightsCurrent LectureI. Civil Rights: Involve an active government role in giving something to citizens- Allow individuals to participate in government (i.e. voting)- Ensure all individuals receive due process and equal treatment under the law- Grant freedom from oppressionII. Civil Liberties: Try to hold government from infringing from our freedoms- Freedom from government interference in individual liberty - Amendment one: freedom of speech, etc.III. Constitutional Provisions (legal attribute that flow from these amendments) for Rights and LibertiesA. Bill of Rightsa. Civil War Amendments: 13. 14. 15 amendmentsb. New Voting Groups: 15. 19. 24. 26 amendmentsc. Judicial Interpretation: 9th amendment and PrivacyIV. Rights and Liberty FailuresA. Alien and Sedition Acts - Four bills- Signed during French Revolution- Thought he was preventing anarchy, but it really violated the first amendmentB. Slavery and African Americans- Held up until the end of the civil war and the 13, 14, & 15 amendments was set in placeC. Jim Crow Era- Separate but equal, segregation of facilities, etc.D. Immigrants- Signs against immigrants (IRISH NEED NOT APPLY?)E. Japanese Internment- Potential threats to the security of state, not really, only because of war against Japan?V. Court Legitimacy A. Courts can protect against “tyranny of the majority” but must rely on elected branches for enforcement (sort of on a dog leash though?)- Unpopular decisions are rare- School prayer: massively unpopular but held up- School desegregationB. Courts have also failed to uphold rights- Dred Scott v. Sanford (1857)C. Major rulings of the Civil Rights Movement:- Smith v. Allwright (1944): ruled that Texas democratic party was engaging in an unconstitutional act when they held voting where only white men could vote- all white primary- Sweatt v. Painter (1950): Sweatt was an African American who applied to law school in Austin and the state had set up that school as only serving white students… They created another law school in Huston for only blacks. He ended up going to the first school… (separate and Unequal)- Brown v. Board of Education of Topeka (1954)- Overruled Plessy v. Ferguson (1896)VI. Civil Rights Movement 1950s and 1960s… Equal rights for allA. Main Focus: African American Rights, Slavery, Jim Crow, etc.B. Particularly unjust laws in southern United StatesC. Key Laws:- Civil Rights Act (1957): Added a federal law to supplement the 15th amendment- Civil Rights Act (1960): Permitted federal overseers appointed by the dept. of justice to oversee voting processes to see if the 15th amendment was being violated- Civil Rights Act (1964): Banned Jim Crow, Equated 6th grade education with literacy- Voting Rights Act (1965): Sent federal registers into southern states to register people to vote VII. Women’s Rights: 19th amendmentVIII. Affirmation Action- Attempt to redress past wrongs- University admissions, federal contracts, state and city jobs- Increases diversity- Reverses discrimination?- Court rulings have been mixed- Regents v. Bakke (1978)- Bollinger cases (2003)- Fisher v. University of Texas (2013)IX. Gay Rights- Some cities and states now ban discrimination based on sexual orientation- Same-sex marriage and civil unions: major issue**Civil rights of marriage… does it apply?**Religious values**Full faith and credit clause: licenses issued by one state have to be recognized by another state- Defense of Marriage Act of 1996: states don’t have to do that, violates the full faith and credit clause- Military service- Outright ban until 1993- “Don’t ask, don’t tell” (1993–2010)**Repealed in