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ISU POL 106 - The Constitution (continued)

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POL 106 1st Edition Lecture 7 Outline of Last Lecture I. Background InfoII. The Constitution in Our HistoryOutline of Current Lecture I. Rights Protected in the ConstitutionII. Legal RightsIII. Issues That Have Strained or Changed the ConstitutionIV. How the Constitution ExpandedCurrent LectureRights Protected in the Constitution:- Original US Constitution didn’t have many rights- Rights later added through long process that Madison winnowed down- Bill of Rights: 12 original amendmentso Congressional Pay-27th amendmento Limit Congressional Districts @ 50,000 people (did not pass)- Congress froze Congressional Representation in 1911 @ 435 when the US had population of 94 million. Population is currently 310 million.- Most sweeping provisions are in 1st amendmento “Wall of Separation”-1802 letter to Danbury Baptist Association- Fear and necessity of free speecho Symbolic action (flag burning)  protectedo Money (Buckley v. Valeo)  can give it to whoever you want but there are limits on how much you can give to candidates- Freedom of Presso New York Times Co. v. Sullivano Pentagon Papers case- Next 6 amendments deal with legal 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.Legal Rights:- Rights of gun owners & militia (2nd)o Times were much different back theno No nat’l army yeto Muskets and simpler guns, NOT machine guns or automatics- Quartering of soldiers (3rd)- Unreasonable search and seizure (4th)o Unreasonable is a very vague term- Safeguarding the rights of the accused (5th)- Fair and speedy trial (6th)- Trial by jury (7th)- Bail and cruel/unusual punishment (8th)o Cruel and unusual are very vague terms- Other rights not mentioned are not denied (9th)o What “other rights”?o Very vagueo Where we tend to throw in privacy rights- where does the privacy end and/or begin?o 1965 Griswold v. Connecticuto The right to live your personal life as you choose- Rights not mentioned here are left to the States (10th)o Most important other than 1st amendment (according to Rankin)Issues That Have Strained or Changed the Constitution:- War timeo Suspension of Habeus Corpuso Japanese Internment Camps- Raceo Dred Scotto Plessy v. Fergusono Brown v. Board of Educationo Regents of the University of California v. Bakke^ breaking down racial quotas, but still can accept a person on the basis of raceHow the Constitution Expanded:- 11th and 12th amendments come fairly soon after ratification of the original 10o States can only be sued in state courto Electors choose Pres. & VP separately after election of 1800- 60 years passed until the Civil War Amendments were passedo 13th, 14th, and 15 th- No new amendments until 1913 (HUGE)o Income taxes (violation of direct tax in Art. I?)o Senate elections moved from state legislators to direct elections- 18 th and 21st amendmentso Banned “intoxicating beverages” (18th)o Re-allowed alcohol (21st)o Social attitudes cannot be changed by laws or amendments- 19 th amendmento Women allowed to voteo First female elected in 1916- Jeannette Rankin- 20 th amendmento Fixed the lame duck


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