Unit 1 Constitutional Underpinnings

Goals of the US ConstitutionCreate a strong union of statesEstablish justicePreserve Domestic OrderProvide for the common defensePromote general welfarePromote individual freedoms

Constitution Remedies the Articles of Confederation Creates Federalism

A balance between the national and state governments

National government could tax Congress could regulate commerce

between the states and foreign nations Article II created an executive

department to enforce laws Article III created a national judiciary

with a Supreme Court and lower courts established by Congress

Constitution Remedies the Articles of ConfederationOnly the national government could coin

moneyStates are represented based on population

in the House of Reps and equally in the Senate

Bills need a simple majority in the House and Senate

2/3 of Congress and 3/4of the states are necessary to amend the Constitution

Basic Principles of the ConstitutionLimited governmentPopular sovereigntySeparation of powersChecks and balancesFederalism

AmendmentsThe Constitution has been formally amended

27 times.Please know all the amendments

The first 10 amendments are known as the Bill of Rights

Informal Amendments to the ConstitutionLegislative action: Judiciary Act of 1789Executive actions: Executive ordersJudicial review: Marbury v. MadisonCustom and usage: No 3rd term for Presidents

FederalismDelegated powers

Expressed powers given to the national governmentImplied powers

Powers that may be reasonably inferred from the Constitution (Necessary and Proper Clause)

Inherent powersPowers that exist from the national government

because the government is sovereignConcurrent powers

Belong to both the states and national governmentsReserved powers

Powers that belong to the states (Amendment 10)

Federalism In PracticeInterstate Relations

Full faith and credit clause: states are required to recognize the laws and legal documents of other states

Privileges and immunities clause: states are prohibited from unreasonably discriminating against residents of another state

Extradition: states may return fugitives to states which they fled

Interstate compacts: states may work together to solve regional problems

National SupremacyArticle IV Supremacy Clause

McCulloch v. Maryland (1819) Federal law is supreme over state law

Gibbons v. Ogden (1824) National supremacy over interstate commerce

Federalism TodayDual Federalism (1789-1932)

Layer cake federalism: National and state have power within their own sphere of influence

Cooperative Federalism (1932-1968)Marble cake federalism: National and state

work togetherNew Federalism (Nixon, Reagan, Bush 41)

Devolution of national power to the states

Fiscal FederalismGrant in aid

Money and resources provided by the national government to state and local projects and programs

Categorical grantsGrants that have specific purpose defined by law

Block grantsGeneral grants which can be used for a variety of

purposes

Unfunded mandatesRequirements which are imposed by the national

government on the state and local governments

Political Beliefs and Behaviors

Political CultureA set of beliefs and basic values shared by

most citizens.Majority ruleFree electionsEquality in lawPrivate propertyIndividual freedoms

Political SocializationThe process in which citizens acquire a sense

of political identityFamily and home lifeEducationGroup affiliations (interest groups, labor

unions)Demographic factors (age, sex, race, religion)Mass mediaHistorical events

Public OpinionA collection of shared attitudes of many

different people in matters relating to politics, public issues, or making of public policy.

Measuring Public Opinion1930’s George Gallup developed polling:

SamplingPreparing valid questionsControlling how the poll is takenAnalyzing and reporting results

Political IdeologyA set of beliefs about politics and public

policy that creates the structure for looking at government and public policy.

Political SpectrumRadical: favor rapid, fundamental change in

existing social, economic, political orderLiberal: supports active government in

promoting individual welfare and social rights

Moderate: political ideology falls between liberal and conservative

Conservative: promotes a limited government role in helping individuals, supports traditional lifestyle

Reactionary: advocates a return to a previous state of affairs

Political PartiesInterest Groups

Mass Media

Political PartiesAn association of people who seek to

control the government through common principle.

Two Party System: There are several parties but only two major parties compete and dominate elections

Minor Parties: generally have little to no impact on elections

What do Parties do?Recruit candidatesNominate and support candidates for officeEducate the electorateOrganize the government (majority vs.

minority)

Party IdentificationIdeologyIncomeRaceReligionRegion of country

EducationOccupationGenderFamily traditionMarital status

Why a Two Party SystemBritish heritage

Federalist/Anti-Federalist

Electoral system

Election laws

Electoral Dealignment and RealignmentDealignment: when significant number of

voters no longer support a particular party

Realignment: voting patterns shift and new coalitions form.Republicans (1860)Democrats (1932)

Political ParticipationVoting in electionsDiscussing politics and attending political

meetingsForming interest groups and PACsContacting public officialsContributing money to a candidate or

political partyRunning for officeProtesting government decisions

Issue or Policy VotingDirect Primary

Allows citizens to nominate candidates

RecallIs a special election initiated by petition to

allow citizens to remove an official from office

ReferendumAllows citizens to vote directly on issues called

propositions

InitiativeAllows voters to petition to propose issues to

be decided by qualified voters

Low Voter TurnoutVoter turnout is higher for Presidential

elections

Lower turnout for midterm elections

Lower when compared to other nations

Low Voter TurnoutExpansion of the electorate (26th Amendment)Failure of the political parties to mobilize

votersNo perceived differences between candidate

or partyMistrust of the governmentApathySatisfaction with the way things areLack of political efficacyMobility of the electorate Registration process

Types of ElectionsPrimary Election: voters choose candidates from

their partyClosed primary: only voters who are registered in

the party may vote to choose the candidateOpen primary: voters may vote to choose the

candidate of either party, whether they belong to that party or not

Blanket primary: voters may vote for candidates of either party

Runoff primary: when no candidate from a party receives a majority of the votes, the top two candidates face each other

Types of ElectionsGeneral Election

Voters get to choose from among all the candidates nominates by political parties or running as independents

Electoral CollegePresident and Vice-President are chosen

by the 538 electoral votes435 districts100 senators3 Washington DC

States use a winner take all method of assigning their electoral votes based on popular vote

The candidate that receives a majority (270) is declared winner.

If no winner is declared the House of Representatives chooses the President and the Senate chooses the Vice-President

Campaign FinanceFederal Election Campaign Act (1971)

Restricted Amount spent on campaign advertising Required disclosure of contributions and expenditures

Federal Election CommissionEnforces the FECACreated public financing for presidential

candidatesBuckley v. Valeo (1976)

The Supreme Court ruled that spending limits established by the FECA were unconstitutional

Interest GroupsRaise awareness and stimulate interest in

public affairs by educating their members and the public

Represent membership, serving as a link between members and the government

Provide information to the governmentProvide channels for political participation

Types of Interest GroupsEconomic Interest Groups

Labor Groups (AFL-CIO)Business Groups (Chamber of Commerce)Professional Groups (National Education

Association)Agricultural Groups (National Farmer’s Union)

The Legislative, Executive, and Judicial Branches

CongressArticle I of the US Constitution creates a

bicameral legislature consisting of the House of Representatives and the Senate

The current structure was a result of the Connecticut or Great Compromise reached at the Constitutional Convention

House of RepresentativesMembership

435 members apportioned by populationTerm of Office

2 years; entire House elected every 2 yearsQualifications

At least 25 years oldCitizen for 7 yearsMust live in state where district is located

Constituenciessmaller, by district

PrestigeLess prestige

House of Representatives: Getting Elected

Apportionment: distribution among the states based on the population of each state

Reapportionment: the redistribution of Congressional seats after the census determines changes in population distribution among the states

Congressional districting: the drawing by state legislatures of congressional districts for those states with more than one representative

Gerrymandering: drawing congressional districts to favor one political party or group over another

House of RepresentativesLeadership

Speaker of the House Presiding officer and most powerful member Assigns bills to committee Controls floor debates Appoints party members to committees

Majority Leader Assistant to the Speaker Helps plan party’s legislative program Directs floor debates

Minority Leader Major spokesperson for the minority party Organizes opposition to the majority party

How a Bill becomes a Law (House)

A bill is introduced, numbered, and assigned to a committee

The bill may be assigned to a subcommittee for further study

The bill is returned to committee where it is approved or rejected

The rules committee sets terms of debate for the bill

The bill is debated by the HouseA vote is taken. Bills that pass go to the SenateConference committee resolves any differences

between House and Senate BillResolved bill is voted on in the HouseIf approved, sent to the President

US SenateMembership: 100 members (2 from each

state)Term of office: 6 years; staggered terms with

one-third of the Senate elected every 2 yearsQualifications:

At least 30 years of ageCitizen for 9 yearsMust live in state

Constituencies: Larger, entire statePrestige: More prestige

US SenateGetting Elected

Members were originally chosen by the state legislatures in each state

Since 1913, the 17th Amendment allows the direct election of senators by the people of the state

US SenateLeadership

US Vice President Presiding officer of the Senate. Cannot debate and only votes to break a tie

President pro tempore Senior member of the majority party A ceremonial position

Majority leader The most influential member of the Senate The majority party’s spokesperson

Minority leader Performs the same role as the House minority leader

How a Bill becomes a Law (Senate)A bill is introduced, numbered, and assigned to a

committeeThe bill may be assigned to a subcommittee for

further studyThe bill is returned to committee where it is

approved or rejectedNo rules committee!The bill is debated by the SenateA vote is taken, where the bill is passed or defeated.

Bills that pass the Senate are sent to the HouseConference committee resolves any differences

between House and Senate BillResolved bill is voted on in the SenateIf approved, sent to the President

Congressional OverrideIf the President vetoes the bill then it is

returned to the Congress, where they may override the veto by a two-thirds vote in each house.

Types of CommitteesStanding

A permanent committee that deals with specific policy matters (agriculture, energy…)

SelectA temporary committee appointed for a specific

purpose (Senate Watergate Committee)Joint

Made up of members of both Houses (Joint Committee on the Library of Congress)

ConferenceA temporary committee of members from both

Houses, created to resolve differences in the House and Senate versions of the bill

CaucusesInformal groups formed by members of

Congress who share a common purpose of goalsCongressional Black Caucus Women’s CaucusDemocratic or Republican Caucus

Roles of Members of CongressPolicymakerRepresentativeConstituent servantCommittee memberPolitician/Party member

House of Representatives/SenateIncumbency Effect: the tendency for office

holders to easily get reelectedName recognitionCredit claiming (bringing positive results to the

district or state)Casework for constituents (helped constituents solve

problems)More visible to constituentsMedia exposureFundraising abilitiesExperience in campaigningVoting record

Powers of CongressLegislative Powers

Expressed powers: Powers specifically granted to Congress, mostly found in Article I, Section 8 of the Constitution

Implied powers: powers which may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18, “necessary and proper”

Limitations of powers: power denied Congress in Article I, Section 9 and the 10th Amendment

Powers of CongressNon-Legislative PowersElectoral powers: selection of the President by the House

and Vice-President by the Senate upon the failure of the electoral college to achieve a majority vote

Amendment powers: Congress may propose amendments by 2/3 votes of each house

Impeachment: House may bring charges, or impeach, the President, Vie-President,

or any civil officer by a simple majoritySenate holds the trial and acts as a jury with a 2/3 vote needed to

find guiltExecutive powers of the Senate:

Must approve appointees by the Executive Branch by a simple majority

Must approve treaties by a 2/3 voteInvestigation/oversight powers: investigate matters falling

within the range of its legislative authority

Legislative TacticsCaucuses: may form voting blocsCommittee systemFilibuster or Cloture: in the Senate only,

unlimited debate in an attempt to stall action on a bill; cloture is the method by 60 votes to end a filibuster

Pork barrel legislation: an attempt to provide funds and projects for a member’s home state or district

Logrolling: an attempt by members to gain support of other members in return for their support on the member’s legislation

Legislative TacticsRiders: additions to legislation which generally

have no connection to the legislation Amendments: additions or changes to the

legislation which deal specifically with the legislation

Lobbying: trying to influence members of Congress to support or reject legislation

Conference committee: may affect the wording and therefore intent of the legislation

Legislative veto: the rejection of a presidential or executive branch action by one or both houses of Congress, used mostly between 1932-1980.Declared unconstitutional in the 1983 case,

Immigration and Naturalization Service v. Chada

Influences on CongressConstituentsOther lawmakers and staffParty influencesPresidentLobbyists and interest groups

President of the United StatesArticle II of the Constitution establishes the

many responsibilities and functions of the President

Term and Tenure4 year term2 terms (10 year max) 22nd Amendment

President of the United StatesFormal Qualifications

Natural born citizenAt least 35 years oldResident of the US 14 years prior to election

Informal, many presidential candidates share several characteristicsPolitical or military experiencePolitical acceptabilityMarriedWhite maleProtestantNorthern European ancestry

Succession and DisabilityThe Constitution provides that if the

President can no longer serve in office the Vice-President will carry out the powers and duties of the office

25th AmendmentThe Vice-President becomes President if the

office of the president becomes vacantThe President will nominate a new Vice-

President, with approval of a majority from both houses of Congress

Impeachment and RemovalThe Constitution gives the House of

Representatives the authority to bring charges against the President or Vice-President for “Treason, Bribery, or other High Crimes and Misdemeanors.”

Once charges are brought the Senate holds the trial. The Chief Justice of the Supreme Court presides over the trial

Conviction requires a 2/3 vote

Electoral College System12th Amendment

An electoral college elects the President and Vice-President

Each state chooses the number of electors equal to its number of members in the House of Representatives and Senate.

In December, after the general election, the electors meet in their state capital to cast their ballots for president and vice-president.

The electoral college then sends its ballots to the President of the US Senate where they are opened before a joint session of Congress

To win a candidate needs a majority (270)If a majority is not reached the House votes on the

top 3 candidates for President and the Senate votes on the top 2 candidates for Vice-President

The Vice-PresidencyPresides over the Senate, casting tie-

breaking votesHelp determine presidential disability under

the 25th Amendment and take over presidency if necessary

Has the same formal qualifications as the President

Presidential PowersExecutive powers

Enforces laws, treaties, and court decisionsIssues executive orders to carry out policiesAppoints officials, removes officialsAssumes emergency powersPresides over cabinet and executive branch

Military powersServes as commander in chiefHas final decision making authority in matters

of national and domestic defenseProvides for domestic order

Presidential PowersLegislative PowersGives annual State of the Union messageIssues annual budget and economic reportsSigns or vetoes billsProposes and influences legislationCalls for special sessions of Congress

Diplomatic PowersAppoints ambassadors and other diplomatsNegotiates treaties and executive agreementsMeets with foreign leadersAccords diplomatic recognition to foreign

governmentsReceives foreign dignitaries

Presidential PowersJudicial Powers

Appoints members of the federal judiciaryGrants reprieves, pardons, and amnesty

Party PowersLeader of the partyChooses vice presidential nomineeStrengthens the party by helping members get

elected (coattails)Appoints party members to government

positions (patronage)Influences policies and platform of party

Limitations on Presidential PowersCongressional Checks

Override presidential vetoPower of the pursePower of impeachmentApproval powers over appointeesLegislation limiting the president’s power (War

Powers Act)Judicial Checks

Judicial review of executive actionPolitical checks

Public opinionMedia attentionpopularity

The BureaucracyA systematic way of organizing a complex

and large administrative structure.Hierarchical authority: similar to a pyramid

with the top having authority over those belowJob specialization: each worker has defined

duties and responsibilities, a division of labor among workers

Formal rules: established regulations and procedures which must be followed

History and GrowthBeginnings: standards for office included

qualifications and political acceptabilitySpoils system: practice of giving offices and

government favors to political supporters and friends

Reform movement: competitive exams were tried and failed due to inadequate funding from Congress

Pendleton Act: Civil Service Act of 1883, replaced the spoils system with a merit system

Hatch Act of 1939: prohibits government employees from engaging in political activities while on duty

Civil Service Reform Act of 1978: created the office of Personnel Management to recruit, train, and establish classifications and salaries for federal employed

OrganizationThe federal bureaucracy is divided into four

basic typesCabinet departments (15 executive departments)Independent executive departments (NASA,

Small Business Administration)Independent regulatory agencies (Securities and

Exchange Commission, Federal Reserve Board)Government corporations (Tennessee Valley

Authority, US Postal Service)

Influences on the Federal BureaucracyExecutive influences: appointing the right

people, issuing executive orders, affecting the agency’s budget

Congressional influences: influencing appointments, affecting the agency’s budget, holding hearings, rewriting legislation

Iron triangles: alliances between bureaucratic agencies, congressional committees, and interest groups

Executive Office of the PresidentWhite House OfficeNational Security CouncilOffice of Management and BudgetOffice of Faith Based and Community

InitiativesOffice of National Drug Control PolicyOffice of Policy DevelopmentCouncil of economic AdvisorsOffice of US trade Representative

Executive DepartmentsStateTreasuryDefenseInteriorJusticeAgricultureCommerceLabor

Health and Human Services

Housing and Urban Development

TransportationEnergyEducationVeterans affairsHomeland Security

The Federal Court SystemThe US has a dual court system of courts-a

federal court system and the court system of the 50 states

Article III of the Constitution states that there shall be a Supreme Court and that Congress may establish a system of inferior courts

JurisdictionOriginal jurisdiction

Lower courts have the authority to hear cases for the first time. District Court conducts trials, evidence is presented, and

juries determine the outcome of the case Supreme Court has original jurisdiction in cases involving

representatives of a foreign government, and certain types of cases where a state is a party

Appellate jurisdictionCourts that hear reviews or appeals of decisions

from the lower courts Court of Appeals Supreme Court

Structure of the Judicial SystemDistrict Courts

Created by the Congress in the Judiciary Act of 1789. There are 94 District Courts Decide civil and criminal cases

Court of AppealsCreated by Congress in 1891There are 13 US Court of AppealsDecide appeals from the District Courts

Supreme CourtCreated by Article III of the ConstitutionMost of its cases are appeals from the US Court of

Appeals and State Supreme CourtsHas original and appellate jurisdiction

Judicial SelectionThe President appoints all federal judges with

confirmation from the US SenateThere are no formal qualifications Serve a life termFederal judges may be removed through

impeachment

Supreme Court Selection

Presidents only make appointments to the Supreme Court if a vacancy occurs during their term of office

When making appointments, Presidents often consider:Party affiliationJudicial philosophyRace, gender, religion, regionJudicial experiencePolitical ideologyAcceptability

The Supreme Court at WorkThe term of the Supreme Court begins on the

first Monday in October and generally lasts until June or July of the following year.

Accepting Cases

Cases that are accepted must pass the rule of four: four of the nine justices must agree to hear the case.Writ of certiorari: an order by the court directing the

lower court to send up the records of a case for review

Certificate: a lower court may ask the Supreme Court about a rule of law or procedures in specific cases

Briefs and Oral ArgumentsOnce a case reaches the Supreme Court, lawyers

for each party to the case file a written briefWritten briefs include: detailed statements of the

facts of the case supported by relevant facts and citations from previous cases

Interested parties may be invited to submit amicus briefs (friends of the court) supporting or rejecting arguments of the case

Oral arguments allow both sides 30 minutes to present their positions to the justices

Writing OpinionsOnce the Supreme Court has made a decision in

a case, the decision is explained in a written statementMajority opinion: a majority of the justices agree on the

decision and its reasonsConcurring opinion: a justice who agrees with the

majority opinion but not the reasoning behind the decision

Dissenting opinion: a justice or justices who disagree with the majority opinion

Majority opinions become precedent in deciding future cases

Judicial ActivismHolds that the court should play an active

role in determining national policies

The philosophy advocates applying the Constitution to social and political questions

Judicial RestraintHolds that the court should avoid taking the

initiative on social and political questions.

Operating strictly within the limits of the Constitution

Politics and Public Policymaking

Agenda-SettingRecognizing an issue as a problem which

must be addressed as a part of the political agenda.

Problems are brought to the political agenda by:CitizensInterest groupsThe MediaGovernment Entities

Formation/Adoption/ImplementationFormation: finding ways to solve the

problemsAdoption: adopting a plan of action to solve

the problem; may require legislationImplementation: executing the plan of action

by appropriate agency or agencies

Policy EvaluationAnalysis of policy and its impact upon the

problem

Judging the effectiveness of policy

Domestic PolicyCrime Prevention: FBI, DEA, & ATFEducation: States run education but since the

creation of the Department of Education (1979) the Fed has used grants and vouchers as influence

Energy: The study of alternative and renewable sources of fuel. Regulates nuclear waste.

Domestic PolicyHealth Care: Medicare (elderly),

Medicaid (poor), CDC, VA, FDA

Social Welfare: Social Security, Housing Programs, unemployment benefits

Economic Policy Raising Revenue: income tax, cooperate

tax, estate tax, customs

Government Spending Discretionary Spending

Defense, Education, Student Loans, Scientific Research, Environmental Clean-up, Law Enforcement, Disaster Aid, Foreign Aid

Nondiscretionary Spending Interest of the national debt, social welfare

programs

Economic PolicyFederal Budget: Proposed each year

(fiscal year is October 1 through September 30)Proposals

Each federal agency must submit a budget request to the Office of Management and Budget.

The President submits a budget proposal to Congress based on the OMB

The Congress proposes its own budget based on the advise of the Congressional Budget Office

Economic PolicyThe budget must be passed by Congress and

signed by the President by September 15.Failure to pass a budget could lead to the

federal government to shut down.

Civil Liberties and Civil Rights

Civil LibertiesConstitution

Writ of habeas corpus: you must be brought before the court and informed of charges against you

No bills of attainder: you cannot be punished without a trial

No ex post facto laws: laws applied to acts committed before the laws’ passage are unconstitutional

Trial by jury

Civil LibertiesBill of Rights

Freedom of religion, speech, press, petition, and assembly

No unreasonable search and seizureProtections against self-incrimination and

double jeopardyProtections in criminal procedures

Civil Liberties14th Amendment

Provided for the expansion of the Bill of Rights to the states and local governments

IncorporationLegislation

Laws that set limits or boundaries on one person’s rights over another person

CourtsJudicial review

Freedom of ReligionEstablishment ClauseCongress cannot:

Establish a national religionFavor one religion over anotherTax citizens to support any one religion

Freedom of ReligionEstablishment ClausePlease know the following Supreme Court cases

Engle v. Vitale (state sponsored prayer)Abington Township v. Schempp (school sponsored

bible reading)Lemon v. Kurtzman (3 part test)

Purpose of aid must be secular Aid can neither advance of hinder religion No “excessive entanglement” between gov’t and

religionMinersville v. Gobitus (allowed mandatory pledge)West Virginia v. Barnette (overturned Gobitus)Wallace v. Jaffree (mandatory moment of prayer)

Freedom of ReligionFree-Exercise ClauseGuarantees the right to practice any religion

or no religion at allKnow these cases

Reynolds v. United States (banned polygamy)Wisconsin v. Yoder (no compulsory education

past 8th grade for Amish)Oregon v. Smith (banned drugs used for

religion)Church of the Lukumi Babalu Aye v. City of

Hialeah (animal sacrifice as part of religion UPHELD)

Freedom of SpeechPure Speech: the most common form of

speech, verbal speechSymbolic Speech: using actions or symbols to

convey an ideaSpeech Plus: verbal and symbolic speech

used together

Freedom of SpeechKnow these cases

Abrams v. United States (restricted anti-war “speech”)

Schenck v. United States (“clear and present danger”)

Gitlow v. New York (selective incorporation)Tinker v. Des Moines (symbolic student speech)Texas v. Johnson (symbolic speech – flag

burning)Reno v. ACLU (struck down some restrictions

on internet materials)

Freedom of the PressKnow these cases

Near v. Minnesota (prior restraint)New York Times v. Sullivan (malicious intent

requirement for libel/slander)New York Times v. United States (Pentagon

Papers and prior restraint)Hustler v. Falwell (public figures not protected

from parody)Hazelwood School District v. Kuhlmeier

(student newspapers subject to some censorship)

Freedom of AssemblyThe government is allowed to set limits on

assembly to protect the rights and safety of othersDeJonge v. Oregon (upheld the right to

organize a local communist party)

Property RightsThe due process clause of the 5th and 14th

Amendments provide for the protection of private property by guaranteeing that citizens

would not be “deprived of life, liberty, or property, without due process of the law”

Due ProcessSubstantive due process

Involves the policies of government or the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections

Procedural due processThe method of government action or how the

law is carried out, according to established rules and procedures

Right to PrivacyThe Constitution makes no mention of a

“right to privacy,” however the Supreme Court has interpreted several rights that may fall under the category of privacyGriswold v. ConnecticutRoe v. Wade

Fourth AmendmentSearch and SeizureKnow these cases

Wolf v. Colorado (4th applies to states, but NOT exclusionary rule)

Mapp v. Ohio (applied exclusionary rule to states)

TLO v. New Jersey (“reasonable suspicion” for school searches)

Weeks v. United States (no warrantless seizures)

Katz v. United States (extends illegal searches to wire tapping)

Fifth AmendmentSelf-IncriminationKnow this case

Miranda v. Arizona

Sixth AmendmentRight to an AttorneyKnow these cases

Powell v. Alabama (right to counsel in capital cases)

Gideon v. Wainwright

Eighth AmendmentCruel and Unusual PunishmentsKnow these cases

Furman v. Georgia (moratorium on death penalty)

Gregg v. Georgia (reinstates death penalty within established guidelines to create uniform application)

Civil RightsAre the positive acts of government, designed

to prevent discrimination and provide equality before the law

The Equal Protection Clause of the 14th Amendment prevents the states from discriminating against citizens.

Civil Rights Movement13th Amendment abolished slavery14th Amendment defined citizenship and

provided due process and equal protection of the law

15th Amendment provided that all males 21 and older could vote

24th Amendment outlawed the poll tax in federal elections

Civil Rights MovementBlack codes: state laws passed to keep freed

slaves out of politics (literacy test, poll tax, registration tests)

Civil Rights Act of 1876: outlawed racial segregation in public places

Jim Crow Laws: created segregation in schools, public transportation, and hotels

Plessy v. Ferguson: separate but equal facilities are constitutional

Civil Rights MovementExecutive Order 8802: Franklin Roosevelt

banned racial discrimination in the federal government

Executive Order 9981: Harry Truman ordered the desegregation of the military

Brown v. Board of Education: overturned Plessy v. Ferguson, separate but equal is unconstitutional

Civil Rights MovementCivil Rights Act of 1964: prohibited

discrimination in employment and in places of public accommodations

Voting Rights Act of 1965: outlawed discriminatory tests in voter registration

The Women’s Movement19th Amendment gave women the right to

voteEqual Pay Act of 1963: made it illegal to base

a person’s pay on their gender, race, religion, or national origin

Equal Employment Opportunity Act of 1972 prohibited gender discrimination in hiring, firing, promotions, and pay

People with DisabilitiesThe Rehabilitation Act of 1973 prohibited

discrimination against people with disabilities in federal programs

The Americans with Disabilities Act of 1990 forbids employers from discriminating against people with disabilities

Affirmative ActionA policy designed to correct the effects of past

discrimination.University of California v. Bakke (1978): the court

ruled that affirmative action was constitutional but that Bakke had been denied equal protection because the university used race as the sole criteria for admissions

Grutter v. Bollinger (2003): allowed race to be used as a plus in the admissions process (narrowly tailored)

Gratz v. Bollinger (2003): the court struck down a 20 point bonus for underrepresented minority groups.