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WVU POLS 102 - Contemporary Politics

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POLS 102 1st Edition Lecture 8Outline of Last Lecture 1. Civil Libertiesa. Bill of Rights i. First Amendmentii. Second Amendmentiii. Fourth Amendmentiv. Fifth Amendmentv. Sixth Amendment b. Federal and state governments cannot violate Civil LibertiesOutline of Current Lecture 1. Contemporary Politics and Civil Libertiesa. More support among elitesb. Popular issuesi. Flag burning, 10 commandments, Patriot Act, gun ownership restrictions, political correctnessc. Institutions that protect freedom against majorities 2. Civil Rightsa. 14th amendment equal protection clauseb. From Separate but equal to separate is inherently unequalc. Contemporary politics of civil rightsThese 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.i. Propositionii. Gay marriage debated. National majorities vs. state majoritiesi. Missouri Compromise/Free soil, free labor, free manii. Immigration reformCurrent LectureCivil Liberties & Civil RightsContemporary Politics and Civil Liberties A. More support among elites than the public- What would Madison say about this? (Federalist 10)i. He would say, “no kidding.” Factions/majorities aren’t to be trusted. He worried about what majorities would do to minorities. Majorities are expected to violate thing that they don’t believe in.B. Contemporary politics of civil liberties: popular issues- Flag Burning (page 198)- 10 Commandments – should judges be allowed to have the 10 commandments displayed in their court room if they want it? i. It goes against the Establishment Law- Patriot Act (e.g. Sneak and Peak) – the Patriot Act was enacted after 9/11 and it gave the government powers like Sneak and Peak which allowed the government to search your house when you’re not homeand not tell you about it. However, it goes against civil search and seizure law.- Gun Ownership Restrictions vs. Rights – after a tragedy like Sandy Hook, there is always a movement to make more restrictions- Political Correctness – when someone says you’re not politically correct they are critiquing you and trying to limit your speech.C. Civil liberties are institutions/rules that protect freedom against majorities (e.g. Earl Warren)Transaction cost of infringing on freedom of speech is always very high because of the first amendment. Therefore; conformity costs are low.- The Bill of Rights effects transaction and conformity costs. Civil Rights - Privileges of citizenship, enjoyed by all citizens equally (e.g. equal treatmentunder the law and right to vote)1. 14th amendments equal protection clause – nor can any state deny equal protection to any person living in its jurisdiction- You can’t treat some people differently than other people2. From “separate but equal” ….- (Plessy vs. Ferguson 1896) when the law said that there could be segregated rail cars as long as they both have air conditioning. - ….To “separate is inherently unequal” (Brown vs. Board of Education 1954) saying that even when you separate by race it is still unequal because the majority is targeting the minority. Says the minority children will be forever scarred. 3. Contemporary Politics of Civil Rights:- Proposition (page 187) – on the California ballot – immigrants could not get public services like school, medical services, etc. It was a political issue because it’s a civil rights issue.- Gay marriage debate (pages 176-179)i. Equal protection under the law- See Federalist 104. National Majorities vs. State Majorities- Missouri Compromise/Free Soil, Free Labor, Free men (pages 135-138)i. Southern state majorities made a compromise even though they really didn’t want to.ii. Through the Wilmont Compromise, Northerners went back on the Missouri Compromiseiii. Trying to pursue civil rights – the national majority wants expansion of civil rights; state majorities don’t want it.- Immigration Reform (pages


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