POLS 102 1st Edition Lecture 9Outline of Last 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 rightsi. Propositionii. Gay marriage debated. National majorities vs. state majoritiesi. Missouri Compromise/Free soil, free labor, free manii. Immigration reformOutline of Current Lecture: Test Review1. Identification Expectations2. Essay Expectations3. How politics workThese 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.4. Logic of nationalization5. Federalism Means War6. Letter to Earl Warren7. Balancing8. Judicial RevolutionCurrent LectureIdentification Expectations – define the term and state its significance. A good paragraph(5 sentences to be safe)Essay ExpectationsParagraph 1: Introduction. Answer the question in 2-3 sentences (institutions are…. And they can lower or raise transaction costs and/or conformity costs). Then your thesis (in this essay I’mgoing to talk about rules ___,____ and ____ that regard Federalism, American democracy, civil liberties or civil rights). Paragraph 2: Discuss a rule – its information and content. Then analyze the rule and how it leads to high or low transaction or conformity costs.Paragraph 3: Discuss a different rule – its information and content. Then analyze the rule and how it leads to high or low transaction or conformity costs.Paragraph 4: Discuss a different rule – its information and content. Then analyze the rule and how it leads to high or low transaction or conformity costs.Paragraph 5: Summarize and conclude your argument and how it pertains to your thesis.Essay Examples:Rule – Presidential Veto Outcome – makes transaction costs really high to pass laws in the U.S. - Talked about in Federalist 51 – checks and balances gives the government more transaction costs to pass laws but it also prevents against tyranny.Example of how politics work:- Gay marriage was made legal in Alabamao Pertains to civil rights and equal protection acto People care about the outcome because it pertains to their values and interests- Marijuana smoking in Colorado: civil liberty or civil right?o Sale and consumption is against the federal law (and the supremacy clause says federal law trumps state law)o It’s an issue of federalism.  Oklahoma is filing a law suit about it – example of cut throat competition- Disputes about these institutions and if they are going to stand under the Supreme Courto The Supreme Court will have to make a ruling about marijuana smoking and gay marriage because some states allow it and others don’t.  Their decision will set precedent. Based on values and interests, some people will be happy and others will be mad about the outcome.  Goes back to the definition of politics. - Values and interests used to get outcomes which have positive or negative implication on things that we care about.Logic of Nationalization (reasons)1. It makes sense for people (factions) with values and interests to want to create policy that reflects their values and interests.a. It makes sense for people to go to the national government with issues because of the Supremacy Clause.b. “Factions are to liberty as fire is to air” – James Madison Federalist 10i. People have a right to pursue their own interests.2. Because some problems cross state boarders it’s easier to have national regulationsa. States wanted and asked for a national system of truck driving regulations3. Sometimes it’s cheaper for factions to get regulations at a national level rather than going state to state (that has high transaction costs)Federalism Means War – Kettl- Refers to the ideological/idea based war between liberals and conservativeson Supreme Court about how expansive the power of the national government should be.- Liberals expanded the power of the national government through interpreting the Constitution differently - Conservatives wanted to roll the power back.- Example: Judicial RevolutionLetter to Earl Warren (Chief Justice)- Refers to the letter written to Earl Warren, found on flowery stationary that said “I hope someone you love is the next victim of one of the criminals youprotect.”o Illustrates the politics about civil liberties.- About the war in court over the expansion of criminal rights – which made it harder to put people in jail and limited unreasonable search and seizure- Example: Miranda v. ArizonaBalancing- About the balancing act the Supreme Court does with the rights from the Bill of Rights. o Government is forbidden from violating these rights, but sometimes they do infringe on themo There are dangers that congress has the right to protect. Example: we have the freedom of speech but there is some “danger” speech that the government can infringe on – like yelling “fire” in a crowded theatre.Judicial Revolution - When the Supreme Court changed its mind about interstate and intrastate commerce. That what happens in states effect the country as a whole. - This gave the national government more power and lowered congress’ transaction costs to do things like segregation laws and anti-pollution