Part 1: Key Terms
21. Plessy v. Ferguson (1886), chapter: four pages:111-112 in American Government Powers and Purpose by Theodore J. Lowi and others. Famous case, Plessy v. Ferguson is known for the line “Separate but Equal” which the court decided that the act of 1875 for civil rights was unconstitutional. On the bases of, the protection of African American from discrimination in private businesses. Then, Fourteenth Amendment in place the court of Louisiana pointed out that it only protects discrimination with public officials and governments. In Louisiana there was still segregation with race on transportation and public places. The significance that courts of Louisiana thought that equal protection laws were not infringe as long as both race was treated fairly. This were the separate but equal rule came into effect. The supreme court had challenge after this rule came into effected on racial discrimination. Later, after this Brown v. Board of Education case used this framework to build their case.
10. Brown v. Board of Education (1952) chapter: four pages:113-116 in American Government Powers and Purpose by Theodore J. Lowi and others. Brown v. Board of Education where they were able to ratified the Separate but equal cause that was in Plessy v. Ferguson. This case is about father Oliver Brown took his daughter to all white school to enroll her into third grade. After the school refused the acceptation of Linda Brown. Her father, Oliver Brown, took this case to National Association for the Advancement of Colored People (NAACP). The significance for this case is that in altered the framework the U.S. Constitution. First, states cannot have power to use race on basis od discrimination in the law. Second, that national government have power to get involve to put restrictions on state and local governments with dealing on reasons discrimination on grounds school boards, work place, and private areas that will promote discrimination.
23. Miranda v Arizona (1966) chapter: 4 pages: 92 in American Government Powers and Purpose by Theodore J. Lowi and others. In the Supreme Court ruled that if someone is getting arrested they constitutional right to be knowledge that they have legal rights. That the person getting arrest has the right to remain silence and have right to counsel which made the Miranda rule. The significance of these case is that before this rule no one knew they had legal rights they were just put in jail and waited for trial date. Now people know they have legal rights to protect themselves under the court of law.
4. De Facto & De Jure Segregation: Chapter:4 Page: 114 and 115 in American Government Power and Purpose by Theodore J. Lowi. De Facto segregation is in the meaning in racial segregation not straight forward conclusion of law or government in the policy making. However, it is image on inhabited patterns, like revenues and other community aspects. Conversely, De Jure Segregation is dealing with all results of the law and policy making. De Facto and De Jure Segregation was abolished in school districts both in north and the south however Brown v. Board of Education did not touch discrimination in workforce, public settings, courts, voting rights and other social and economic activities in the community. The significance of this is even after years of craziness the Brown v. Board of Education that congress had enormous southern rebelling had harmful public opinion on national level.
18. Roe v. Wade (1973): Chapter 12 Page: 416 and 417 in American Government Power and purpose by Theodore J. Lowi and others. Roe v. Wade year after Griswold v. Connecticut. Roe v. Wade is about abortion and how the conserves want to ban volunteer organizations on abortion. Courts ruled that abortions are under the right of privacy under the U.S. Constitution. They wanted to stop government funding on voluntary abortions. Significance, about this case that that in 1989 Webster v. Reproductive Health Services, which gave states the ability to put restrictions on abortion. In united states constitution courts decide it was under privacy law but now states have the right to put restrictions on abortion. It is not that private anymore to have penumbral the right to privacy in your own personal life like abortion.
12. Baron v Baltimore (1833): Chapter: 4 Page 87 and 88 in the American Government Power and Purpose by Theodore J. Lowi and others. This case was famous because bought the settlement whether the Bill of Rights legal limitations on state governments. The state was paving the streets, they had to disposed the gravel and sand. City of Baltimore decide to dump it in this local whaft and it was damage after city did that. This whaft was owned by John Barron. Mr. Barron believed that the city denied him Fifth Amendment right and that they were unconstitutional for depriving him his property without his consented. The ruling that each state in United states has their own constitution. Mr. Barron is dual citizen. Which means that you are national citizen and citizen for the state they reside in. This states that the Bill of Rights did not protect citizens on state or local level. Significance of this case is that it two centuries later to pass that Bill of Rights will come right to all citizens state and local governments have to follow. This is important because it did not take until after the Civil War in 1865 to make change on Constitution Rights and liberties.
23. Voting Rights Act of 1965: Chapter: 4, Pages: 110 and 111 in the American Government Power and Purpose by Thedore J. Lowi and others. This act of 1965 gave the right to African American and minorities that were men freedom to vote. Fifteenth Amendment that gives African American males the right to vote after the rebuilding of the South after the Civil War. However, the troops left the states and local government fringe their right to vote. Consequently, this gave African American’s not to have say in government and it weaken the political party. In 1944, for example, Supreme Court finally step in with the case Smith v. Allwright that it gave federal government the power of the state and local governments not to interrupt elections this protected African American people by enforce the right to vote. The significances to this is African American citizens are still struggling with their voting rights and how to keep their right as citizen alive.
21. Going Public: Chapter: 6, Page: 192 and 193 in the American Government Powers and Purpose by Theodore J. Lowi and others. Going Public is procedure that the modern and past presidents use to popular mobilize. This dates back to when President Theodore Roosevelt and Woodrow Wilson. This method that presidents use came defense in political world. Before popular mobilize, it was unsuitable for president to engage in personal campaigning and support political programs. For example, Andrew Johnson was the first president that broke that unwritten rule about being president in series of speeches about Reconstruction program. This is significant about Going Public helps the presidents build their claim on political popular mobilization procedure.
Q2. 14th ; Civil Liberties
Civil liberties and civil rights are throughout the U.S. Constitution. Civil liberties and civil right are both a born right freedom of being U.S. Citizen. Civil liberties protected the U.S people from unacceptable government and agencies violations. Civil liberties are known as restrain on government activities that are unconstitutional. While, civil rights are more towards obligations that the government and agencies have to protect the citizens from any wrong doing in the government. In the U.S. Constitution, civil liberties are compared with negative consequences on the freedom. Furthermore, civil rights are opposite of civil liberties with positive outlook on the freedom of citizen in the United States.
In the U.S. Constitutional basis for civil liberties and civil rights are listed in the Amendments of the constitution. Civil liberties are government shall not infringe. Compare to, civil rights are the government shall do this for the citizens. These are separated into two different categories for restraints on government. First, is substantive and second, is procedural. Substantive examples are the First and Second Amendment when it states the government shall not. Procedural examples are the Fourth, Fifth, Sixth, and Seventh Amendments it mentions that government citizen shall be able to do such thing. The Amendments in the U.S. Constitution have chains on the government how the delegate their power.
The Fourteenth Amendment encounter with civil liberties in the first section of it. In American Government Power and Purpose in the Amendments to the Constitution of the Fourteenth Amendment first section, states that,
“…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any States deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.” (Chapter: 14 and Page 89).
This clearly states that no government, governmental agencies, and states are not allowed to intrude on citizens’ rights and protections of being natural born citizen of the United State. Every citizen that was born in the U.S. has life, liberty, or property rights, no state is can come in take that for the people without due process law that is in the Fifth Amendment. Correspondingly, the government is not permitted to reject jurisdiction under the citizen’s equal protection under the court of law. The Fourteenth Amendment lays out the what the government shall not in the first section of the amendment and makes it very clearly what the government cannot do.
Nationalization (incorporation) is also known for “Incorporation of the Bill of Right”, help us understand civil liberties with moments in United State history there have been where citizen’s rights have been violated. For instance, Barron v. Baltimore (1833), where the U.S. Supreme Court recognized “dual citizenship” concept that entails that citizens can be American in the national government and also a citizen of one of the states they reside in. With this notion in the play of the U.S. Constitution dual citizenship did not allow states or local governments to recognize the Bill of Rights for the citizens of that state. In case with dual citizenship, did not work out it gave states too much power over national government. Now in 2018, this is civil liberty violation in the U.S. Constitution. In in most recent cases, in United States is Griswold v. Connecticut (1965), the Griswold’s were married couple that were not trying to have baby in 1965 in Connecticut that was illegal for that to happen. The U.S. Supreme Court made decision on the Bill of Rights confined the “penumbral” which means where the right of privacy in the citizen’s household to proustite activities that are birth control, abortion, the rights of homosexuals, and citizens have the right for physician- assisted the death process. In the case dealing with penumbral gave citizens that right to women, men, and homosexual the right to have these activities in their private lives.
Civil liberties and civil rights are imbedded into the United States Constitution. It has some negative and positive outcome and have change throughout American history. They both keep the government and states in check on what is constitutional and unconstitutional. Civil liberties and civil rights gave American citizens privacy laws, citizenship laws, and amendments. The Fourteenth Amendment dealing with civil liberties and due process law that involved that government shall not overstep it boundary in citizen’s life, liberty, and property. Civil liberties and civil rights have been throughout American in cases, laws, and protest it has made America what it is today.
Q4 MODERN PRESIDENCY, DECLINE OF CONGRESS
Government has changed over time and space. When the framers made this country, it is not what we see today as modern-day America Government. The biggest shift in American history is the decline in Congressionally-centered government to Presidentially centered government. Congressionally centered government was about congress had complete power American government in law making process. It was during the Woodrow Wilson era in nineteenth century with his ideas and the intentions of the framers. This Congressional government had three central parts of government. That is the separation power. When it switched to more towards Presidentially centered government, which this brought the New Deal period gave executive branch more power and removal of the Congressional centered government. This new power of government took new spin on the congress that framers did not intend.
The New Deal Era during the Roosevelt administration known for the “first hundred days.” (chap.6 page:187). In this during the New Deal period were politicians adopted that congress needs to change the scope and appeal of the new national government. The old fashion way was that the president is obligated to execute the laws in a fair matter. Now, after Roosevelt being president. The presidency main responsibility is to make sure that the laws are shape before implementing the laws. This gave president leg up than Congress in the power separation into the three branches.
The expansion of the role in national government has some positive and negative consequences that were made after the New Deal. Positive aspects in the new administration brought was Social Security Act it improved the economic statues in America. In this time, it also brought some part of country out of poverty Other positive perspective that happen was Works Process Administration was able to bring citizens back to work after the Great Depression. It also gave name the America’s Federal Government it was one biggest employer at this time. This brought long the American Dream aspect that nation talks about. Yes, the expansion had some positive notions to address by building up the American economy and giving back social setting into America.
Nevertheless, there were some negative aspects on the expansions of the new president-central government. “Delegation of power” is the main effect the New Deal. (chap.6 and page: 188). It provoked actions from constitutional that the Supreme court approve that the president will receive more power by passing the New Deal. (chap.6 and Page: 188).The three separation branches of government, that have to equal power in the national government. This New Deal changes that completely does not divide the power throughout the government. It gives president power over the “Independent Agencies and Government Corporation, Cabinet, White House staff, and Executive Office of the President.” (chap.6 and Page: 189). This is not beneficial giving the president power over the resources that run the country.
The past history of America presidency has some negative aspects that need addressing. The president did take a lot of power away from the congressional centralized government. Government America need to recognize what the framers intended for this country. Yes, I know we are in modern times, we need to keep up with economic, social setting, and technology than what the framers thought was going to happen. We need to fix the separations of power and the three branches of main government and grow power back into each of the three branches government. These are the negative portions that effected modern day presidency. These concerns that president is receiving to much power and the congress is trying to get their power back. It is concerning on how that one bad president can turn into a dictator like some other countries like Iran and Russia now they are under dictatorship. United States was under dictatorship for long time from Great Britain. The framers did not want to be under the dictatorship. They made constitution and founding’s to not fall into dictatorship. That is main concern I have on not having separation of powers on the government.
The presidency area of government has change and Modern presidency is different that it is now than farmers thought the country would be like. It is hard to figure out what the framers intent for the constitution. In time and space government has changed. Congress needed to change the scope and appeal of the new national government. There were some positive and negative aspect to the New Deal and the congressional -centered government moving towards presidency -centered government. The new government that the New Deal created is the one we know today. Probably in my life time there will be new idea of how the government will operate.