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WVU POLS 102 - Civil Liberties and Civil Rights
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POLS 102 1st Edition Lecture 7Outline of Last Lecture 1. Growth of National Power – relative to states (continued)a. Judicial Revolutions (continued)i. McColloch v. Maryland 1819 (continued)ii. NLRB v. Jones & Laughlin Steel (1935); National Labor Relations Act; US v. Darby Lumber Co. (1941); Fair Labor Standards Act; Katzenbach v. McClung (1964) & the Civil Rights Actb. Large democratic party majorities controlled the White House and both houses of Congress in the 30’s which led to a historical re-interpretation of the Constitution and growth of national powerc. Contemporary political conflict between conservatives who (mostly) want to devolve power to states – and – liberals who (mostly) want power at the nationallevel.2. Cooperative Federalism at worka. Carrots (Fruitcake Federalism)i. Grantsii. SticksOutline of Current Lecture 1. Civil Libertiesa. Bill of Rights i. First Amendmentii. Second AmendmentThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.iii. Fourth Amendmentiv. Fifth Amendmentv. Sixth Amendment b. Federal and state governments cannot violate Civil LibertiesCurrent LectureCivil Liberties & Civil Rights- Civil Liberties- freedoms that the government is specifically forbidden from violating o Found in: The Bill of Rights (First 10 Amendments)- First Amendment: Speech, Press, Religion (free exercise, no establishment), Assembly - Second Amendment: bear arms- Fourth Amendment: criminal rights (searches and seizures)- Fifth Amendment: rights of the accused (self-incrimination); takings- Sixth Amendment: right to counsel; impartial jury o Rights are not unlimited. For example, the First Amendment: speech, press, assembly, free exercise, no establishment (pages 195-225): “Clear and Present Danger” test; Scheneck v. U.S; Gitlow v. U.S; later Brandenburg v. Ohio modified these rulings. Obscenity and the first amendment; “community standards” test  Lemon test and no establishment (secular purpose; neither advance nor inhibit; no excessive entanglement). o The Fourth Amendment: Inevitable discovery o In “Penumbras” of the Bill of Rights. 9th amendment E.g., The Right to “Distribute” newspapers E.g., The Right to Privacy - Griswold v. Connecticut - Federal and State governments cannot violate Civil Liberties o The Bill of Rights prohibits the federal government o Nationalization of Civil Liberties/”Reigning in Majorities” (pages 185-190) Not so prior to 14th amendment: Barron v. Baltimore (1833) Incorporation doctrine (pages 191-194)- E.g., Gideon v. Wainwright (1963), Griswold v. Connecticut


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WVU POLS 102 - Civil Liberties and Civil Rights

Type: Lecture Note
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