Civil Liberties/Rights Unit 3.4 Political Behavior and Civil Liberties/Rights

I. Political Parties (Ch. 5) political party – control government through winning elections faction – a group of persons forming a cohesive, usually contentious minority within a larger group. A. Development of major American Political Parties 1. After George Washington a. Federalists b. Democratic-Republicans 2. Before the Civil War a. Democratic-Republicans b. Whigs (nat'l Republicans) c. Democrats (N. & S.) d. Republicans John Adams Thomas Jefferson William Harrison Andrew Jackson Abraham Lincoln

I. Political Parties (cont.) 5. Minor Parties a. 3rd parties b. types 1. single-issue 2. ideological 3. splinter c. impact 1. influence elections 2. promote ideas major parties adopt d. obstacles 1. difficult to get on ballot 2. $$ 3. regional

I. Political Parties (cont.) Political Ideology B. Political Ideology 1. Political Ideology – a comprehensive set of beliefs about the nature of people and about the role of an institution of government. Left Right

I. Political Parties (cont.) Political Ideology B. Political Ideology 1. Political Ideology – a comprehensive set of beliefs about the nature of people and about the role of an institution of government. Left Right Yellow Dog Democrats Supports a strong military and social issues (anti-abortion, same-sex marriage); oppose taxes, redistribution of income Advocates government action on social programs (welfare, redistribute wealth to reduce poverty); support for tolerance of social change Republicans Blue Dog conservative on social issues

gov. should promote economic equality and traditional values. B. (cont.) Forward, progressive; gov. promotes new ideas & policies to improve citizens’ lives, tolerance on cultural issues. Dem skepticism & opposition toward almost all gov. activities. Most likely GOP maybe Dem gov. should promote economic equality and traditional values. May be GOP or Blue Dog Dem. pro-private sector, limit gov. econ. programs; promotes, strong sense of patriotism traditional values. GOP

C. Interest Groups/Mass Media/Elections 1. Interest Groups (Ch. 9) – a. do NOT nominate candidates b. put pressure on all levels of government c. purpose – bridge gap between gov. & people d. political power - “strength in numbers!!”

I. C. Interest Groups (cont.) 2. Public Policy – a. lobbying – b. Political Action Committees (PACs) – “Super PACs” -Citizens United v. FEC c. Politics – effort to influence policies and conduct of government d. Grass roots – voluntary actions at local level

C. Interest Groups/Mass Media/Elections (cont.) 3. Mass Media (Ch. 8) The Formation of Public Opinion a. Family b. School c. Mass Media d. Peer Groups e. Opinion Leaders f. Historic events

C. Interest Groups/Mass Media/Elections 4. Elections (ch. 7) e. Campaigns 1. direct primary – an intra party election 2. caucus – like minded people meet to select candidates 3. national convention – delegates from across the country meet to nominate candidates 4. petition – thousands of signatures are collected to get on the ballot 5. general – The election for the office C. Interest Groups/Mass Media/Elections

C. Interest Groups/Mass Media/Elections e. Campaigns (Ch. 7) 6. organization 7. $$$$$ 8. candidates a. incumbent – current office holder b. challenger – runs against incumbent c. open seat – no incumbent

9. strategy C. Interest Groups/Mass Media/Elections e. Campaigns (Ch. 7) 9. strategy b: slogan AND/OR theme/issues symbols a: low key/image/+ OR aggressive/attack/ - 6.2 understand how groups can effect change at the local, state national and world levels. 6.6 understand the role of individual leaders who have affected policies, case laws, and legislation.

C. Interest Groups/Mass Media/Elections f. House of Representatives 1. 435 2. Terms - every 2 years (Entire House). 3. Diane Black, R – 6th Congressional District of Tenn. 4. census – a population count. a. Congressional district –an area a Congressman represents; about 711,000 people. b. constituents – people an elected official represents

C. Interest Groups/Mass Media/Elections 5. reapportionment – movement of Congressional representation from one state to another f. House of Representatives 6. Every 10 years State Legislatures redraw districts; sizes of the districts could change (redistricting). 7. gerrymandering – odd shaped boundaries, for the political advantage of majority party in state legislature.

C. Interest Groups/Mass Media/Elections f. House of Representatives

C. Interest Groups/Mass Media/Elections f. House of Representatives You are here!

270 C. Interest Groups/Mass Media/Elections g. The Electoral College (TSS 3.1, 3.3, 4.3, 4.4, 6.6) 1. electors = each state’s # of members in Congress. 2. 538 electoral votes – 435 from House, 100 from Senate and 3 Washington D.C. (23rd Amendment). 3. Need a majority of electoral votes to win: 270

C. Interest Groups/Mass Media/Elections g. The Electoral College (TSS 3.1, 3.3, 4.3, 4.4, 6.6) 4. Winner takes all except for Maine and Nebraska 5. Candidates must address concerns of the states.

C. Interest Groups/Mass Media/Elections f. influence 1. personal background a. Family b. Socioeconomic status c. Age 1. least likely: 18-24 yr olds 2. most likely: 60+ 2. issues 3. candidate's image 4. propaganda 5. regular voters 6. non-voters – idiotes

II. Civil Liberties/Rights 1 3 4 Chapter 19, Section 2

A. The Bill of Rights (1-10) 1. 1st Amendment: The Lemon Test a. Freedom of Religion Jefferson- “Wall of Separation” The Lemon Test (Lemon v. Kurtzman, 1971) The purpose must be nonreligious. Can neither advance nor inhibit religion. Must not excessively entangle the government with religion. b. Freedom of Speech Freedom is NOT absolute (Schenck v. United States) Obscenity (Miller v. California) Symbolic speech (Texas v. Johnson) Citizens United v. Federal Election Commission c. Freedom of the Press d. Right to Assemble e. Right to Petition the Government “community standards” 1 3 4 Chapter 19, Section 2

II. Civil Liberties/Rights [con’t.] 2. 2nd Amendment: a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. a. militia - a body of citizen soldiers as distinguished from professional soldiers. b. Powers v. Rights Right – District of Columbia v. Heller 3. 3rd Amendment: protections against housing troops in private homes

II. Civil Liberties/Rights [con’t.] 4. 4th Amendment: protections against unwarranted searches and seizures Probable cause Exclusionary Rule

5. 5th Amendment: a. Due Process (proper legal procedures) The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”. 5. 5th Amendment: a. Due Process (proper legal procedures) 1. Substantive due process 2. Procedural due process 3. 14th Amendment - extends due process to State and local governments. Process of Incorporation – most of the Bill of Rights now apply to the States.

5. 5th Amendment: [con’t.] b. Double Jeopardy c. Self-Incrimination d. Eminent Domain Kelo v. New Londen, CT

II. Civil Liberties/Rights [con’t.] 6. 6th Amendment: right to council and jury in criminal trials 7. 7th Amendment: right to jury in civil trials 8. 8th Amendment: protections against cruel and unusual punishment

II. Civil Liberties/Rights [con’t.] 9. 9th Amendment: rights are not restricted to those listed in Amendments 1-8. a. Right to Privacy Established in Griswold v. Connecticut, 1965, outlawing birth-control was unconstitutional. Uses IX, I, III, V & XIV amendments b. Abortion provoked controversy when Roe v. Wade, 1973, applied the right to privacy to a woman’s right to an abortion.

II. Civil Liberties/Rights [con’t.] 10. 10th Amendment: those powers not stated are reserved to the states and the people

II. Civil Liberties/Rights [con’t.] B. Slavery and Involuntary Servitude 1. The 13th Amendment, ratified in 1865, ended slavery in this country. It also protects against involuntary servitude, or forced labor. Neither the draft nor imprisonment can be classified as involuntary servitude. 2. Unlike any other part of the Constitution, the 13th Amendment covers the actions of private individuals as well as the government.

C. Affirmative Action the encouragement of increased representation of women and minority-group members, esp. in employment. 1. Cases and Measures a. Regents of the University of California v. Bakke, 1978 Allan Bakke sued the University of California for reverse discrimination and won. This case shows that the Constitution does not allow race to be used as the only factor in the making of affirmative action decisions. b. Adarand Constructors v. Pena, 1995 The Supreme Court’s decision in this case holds that racial classifications imposed by the national government must be analyzed under a standard of “strict scrutiny” and that preferential treatment based on race is “almost certainly unconstitutional,” even if it is intended to benefit minority groups suffering from past injustices.

D. Citizenship 1. by Birth 2. by Naturalization a. Jus Soli citizen – a member of a state who owes allegiance to it by birth or naturalization and is entitled to full civil rights. 1. by Birth a. Jus Soli law of the soil, or where one is born. The 14th Amendment confers citizenship to any person born within the United States. b. Jus Sanguinis the law of the blood, or to whom one is born. A child who is born abroad to at least one citizen, and who has at some time lived within the United States, can petition for citizenship. 2. by Naturalization Naturalization – the legal process by which a citizen of one country become a citizen of another