American Government American Government and Organizationand Organization

PS1301PS1301

Wednesday, 28 AprilWednesday, 28 April

AnnouncementsAnnouncements

Survey on book and response padsSurvey on book and response pads

Review sheet will be posted on websiteReview sheet will be posted on website

SC hears case on “Enemy SC hears case on “Enemy Combatants”Combatants”

Hamdi v. RumsfeldHamdi v. Rumsfeld and and Rumsfeld v. PadillaRumsfeld v. PadillaThe key figures in the cases are both American citizens: The key figures in the cases are both American citizens: Yaser Hamdi is a U.S.-born Saudi-American who was Yaser Hamdi is a U.S.-born Saudi-American who was captured during fighting in Afghanistan in 2001 and Jose captured during fighting in Afghanistan in 2001 and Jose Padilla is a former Chicago gang member who traveled Padilla is a former Chicago gang member who traveled to Afghanistan and Pakistan before being arrested at a to Afghanistan and Pakistan before being arrested at a Chicago airport in 2002 on suspicion of plotting to Chicago airport in 2002 on suspicion of plotting to detonate a radioactive "dirty bomb" in the United States. detonate a radioactive "dirty bomb" in the United States. At issue is At issue is Habeas Corpus:Habeas Corpus: an individual’s right not to be an individual’s right not to be imprisoned unless charged with a crime, except in time imprisoned unless charged with a crime, except in time of “rebellion or invasion”of “rebellion or invasion”Listen to today’s historic testimony Listen to today’s historic testimony at the Supreme at the Supreme Court.Court.

Cases Involving Civil LibertiesCases Involving Civil Liberties

Free Speech, Free Speech, Schenck v. United States (1919) Schenck v. United States (1919) clear and present dangerclear and present danger

Freedom of Press, Freedom of Press, New York Times v. Sullivan (1964) New York Times v. Sullivan (1964) Libel violates 1Libel violates 1stst Amendment Amendment

Obscenity, Obscenity, Roth v. United States (1957)Roth v. United States (1957) Court attempts to define obscenityCourt attempts to define obscenity

Establishment Clause, Establishment Clause, Lemon v. Kurtzman (1971)Lemon v. Kurtzman (1971) Three part test for judging constitutionality of division between Three part test for judging constitutionality of division between

church and statechurch and state

Gun Control, Gun Control, United States v. Miller (1939)United States v. Miller (1939) 22ndnd Amendment does not provide for absolute guarantee Amendment does not provide for absolute guarantee

Right to Privacy, Right to Privacy, Roe v. Wade (1973)Roe v. Wade (1973) Landmark case on abortionLandmark case on abortion

ReasoningReasoning

Majority opinionsMajority opinions The Court majority sends a signal to lower courts, The Court majority sends a signal to lower courts,

lawyers, potential litigants and others how they are lawyers, potential litigants and others how they are likely to treat similar cases in the future.likely to treat similar cases in the future.

Concurring opinionsConcurring opinions Agrees with decision but not reasoningAgrees with decision but not reasoning

Dissenting opinionsDissenting opinions Explains why they disagreed with the ruling. Dissents Explains why they disagreed with the ruling. Dissents

can be important as they lay the groundwork for future can be important as they lay the groundwork for future decisions.decisions.

What Are Civil Rights?What Are Civil Rights?

Americans have applied the term civil Americans have applied the term civil rights to a variety of rights and privileges.rights to a variety of rights and privileges.

Civil rights represent those protections Civil rights represent those protections by by governmentgovernment power. That is, they require power. That is, they require governments to act, whereas civil liberties governments to act, whereas civil liberties are well served when government does are well served when government does nothing.nothing.

Civil LibertiesCivil Liberties

We classify as We classify as civil libertiescivil liberties the Constitution’s the Constitution’s protections from government power. protections from government power.

Freedom of speech, religion and the right to Freedom of speech, religion and the right to privacy are examples. privacy are examples.

Typically violations of these liberties occur Typically violations of these liberties occur when some government agency, at any level, when some government agency, at any level, oversteps its authority.oversteps its authority.

Modern Day Civil RightsModern Day Civil Rights

Modern day “civil rights” include Modern day “civil rights” include safeguards against any effort by safeguards against any effort by governmentgovernment or or dominant groupsdominant groups in a in a community to subjugate another group community to subjugate another group and take unfair, mostly economic, and take unfair, mostly economic, advantage of it.advantage of it.

The concept has advanced well beyond The concept has advanced well beyond the “civic” rights of colonial America.the “civic” rights of colonial America.

Contemporary InterpretationContemporary Interpretation

Civil rights refers to the equality of all Civil rights refers to the equality of all people, regardless of:people, regardless of:

– – Race, ethnicity, or national originRace, ethnicity, or national origin– – ReligionReligion– – GenderGender– – Sexual orientationSexual orientation– – AgeAge– – DisabilityDisability– – Disease (e.g., HIV/AIDS, cancer)Disease (e.g., HIV/AIDS, cancer)– – Weight, etc.Weight, etc.

Civil Rights and the 14Civil Rights and the 14thth AmendmentAmendment

•“•“All persons born or naturalized in the All persons born or naturalized in the United States … are citizens of the United United States … are citizens of the United States … No state shall … deny to any States … No state shall … deny to any person within its jurisdiction the equal person within its jurisdiction the equal protection of the laws.” protection of the laws.”

The basic concept is political and legal The basic concept is political and legal equalityequality

But does not guarantee complete But does not guarantee complete equalityequality

Discrimination on the basis of achievementDiscrimination on the basis of achievement& behavior is allowable& behavior is allowable

– – Universities may reward academic meritUniversities may reward academic merit– – Employers may hire the best qualifiedEmployers may hire the best qualified– – Laws may punish people who are felonsLaws may punish people who are felons– – Income taxes may discriminate on the Income taxes may discriminate on the basis of abasis of aperson’s incomeperson’s income

Civil Rights MovementCivil Rights Movement

The 1964 Civil Rights ActThe 1964 Civil Rights Act

The Voting Rights Act of 1965The Voting Rights Act of 1965This aggressive law authorized the Justice Department to This aggressive law authorized the Justice Department to suspend restrictive electoral tests in southern states that suspend restrictive electoral tests in southern states that had a history of low black turnout.had a history of low black turnout.

Federal officers could be sent into the state to register Federal officers could be sent into the state to register voters directly.voters directly.

States also had to obtain clearance from the Justice States also had to obtain clearance from the Justice Department before changing their election laws.Department before changing their election laws.

Other examples of Civil Rights Other examples of Civil Rights Policy - Affirmative ActionPolicy - Affirmative Action

Affirmative action was the means used by Affirmative action was the means used by the government to redress past the government to redress past discrimination in employment.discrimination in employment.

This policy requires any employers or This policy requires any employers or government agencies that have practiced government agencies that have practiced discrimination to compensate minorities by discrimination to compensate minorities by giving them special consideration in their giving them special consideration in their selection for employment and education.selection for employment and education.

Affirmative ActionAffirmative Action

This policy is most controversial when applied to This policy is most controversial when applied to Government contracting,Government contracting, University admissions to increase minority University admissions to increase minority

enrollment,enrollment, Employment policies to promote minority Employment policies to promote minority

presence and advancement in business and presence and advancement in business and the professions.the professions.

Notion of quotas quickly rejected by the Court Notion of quotas quickly rejected by the Court and the public. and the public. Bakke v. UC Regents 1978Bakke v. UC Regents 1978Still, controversy persists.Still, controversy persists.

Affirmative ActionAffirmative Action

The contentious politics for and against The contentious politics for and against affirmative action have revolved around affirmative action have revolved around “preferential” criteria.“preferential” criteria.This criteria gives minorities some advantage in This criteria gives minorities some advantage in university admissions, employment, and university admissions, employment, and government contracts without imposing government contracts without imposing numerical quotas.numerical quotas.While a majority of Americans support special While a majority of Americans support special assistance for minorities subjected to past assistance for minorities subjected to past discrimination, a majority also draws the line at discrimination, a majority also draws the line at affirmative action.affirmative action.

Emerging RightsEmerging Rights

Americans with Disabilities ActAmericans with Disabilities Act bars bars discrimination in employment, transportation, discrimination in employment, transportation, public accommodation, and telecommunications public accommodation, and telecommunications against persons with physical and mental against persons with physical and mental disabilities.disabilities.

Elderly with help of the American Association of Elderly with help of the American Association of Retired Persons have worked to end Retired Persons have worked to end mandatory mandatory retirement.retirement.

Can you name some other groups waiting in the Can you name some other groups waiting in the wings?wings?

Emerging RightsEmerging RightsTwo recent cases illustrate problems courts Two recent cases illustrate problems courts confront in trying to implement the ADA.confront in trying to implement the ADA.

In 1999 the Court ruled that an airline that only In 1999 the Court ruled that an airline that only hired pilots with 20/20 vision could reject those hired pilots with 20/20 vision could reject those who required corrective lenses. They had filed who required corrective lenses. They had filed their suit under ADA utilizing their eyesight as a their suit under ADA utilizing their eyesight as a disability. But the Court said that because it disability. But the Court said that because it could be corrected it was not a disability, so the could be corrected it was not a disability, so the law did not apply.law did not apply.

Emerging RightsEmerging RightsIn 2001, the Court decided that a golfer In 2001, the Court decided that a golfer with an atrophied leg could use a golf cart with an atrophied leg could use a golf cart on the PGA tour despite a rule forbidding on the PGA tour despite a rule forbidding one.one.

Walking, the Court said, was not Walking, the Court said, was not “fundamental” to the game.“fundamental” to the game.