Palm Beach State College Course Syllabus – Introduc8on to American Government General Class and Course Informa8on Course Number: Course Title: Intro to American Government
POS 1041 Term/Dates: Reference Number: 202651 Credit Hours: 3
Clock Hours: 8/21/2015 -­‐ 12/17/2015
48
Days Time: Room: Wednesday
6:30-­‐9:15 SS-­‐106
This course provides a detailed study of the origins and development of America's unique
constitutional democracy and its political institutions, highlighting the federal level of government.
It will include information about the U.S. Constitution, Bill of Rights, branches of government,
public policy, political ideology, interest, political parties, elections, mass media and other critical
components of the political process. A grade of C or higher is required for this course to be used as
a general education course. Course is designated as a Gordon Rule course
Gordon Rule Class
Your Gordon Rule paper this semester will focus on policy. Remember, public policy is a response to a perceived public need. Pick a policy passed in the last 222 years in the United States and answer the following quesTons. 1) What caused the need for the policy? 2) In your own words, what was the policy designed to do? 3) Describe any challenges to the policy? 4) Was the policy effecTve and is it sTll on the books today? DO NOT WAIT FOR THE LAST MINUTE!!! Your 2000 word paper will be wriaen in APA style. It will have an APA style Ttle page, and abstract on page 2 and secTons in the body of the paper Ttled “PUBLIC NEED”, “POLICY SOLUTION”, “POLICY CHALLENGES”, and “POLICY EFFECTIVENESS”. Your paper will also have an APA style bibliography. 5-­‐6 sources = C, 7-­‐9 sources = B and 10 or more alpha-­‐sorted sources if you're shooTng for an A on your term paper. (only 1 internet source allowed and sources MUST be properly used in the body of the paper with in-­‐text citaTons). Professor’s Informa8on Name: Phillip C. Mancusi M.A.
Telephone: 561-­‐248-­‐3228
Faculty Web Page: hap://www.palmbeachstate.edu/faculty/index.asp?
id=mancusip Office Loca8on: SS-­‐106 Email: [email protected]
Office Hours: 1/2 hour before class in SS-­‐106 Informa8on on REQUIRED Textbooks: Template Date -­‐ July 2013 1
Palm Beach State College Course Syllabus – Introduc8on to American Government Title
Edi8on Author
Publisher
ISBN
EssenTals of American Government: Roots and Reform
2012
Pearson Longman
13-­‐digit: ISBN: 9780133951251 (access card only) OR 9780134138473 (access card with loose-­‐leaf printed book). O’Connor & Sabato
Supplementary Books/Materials Course Learning Outcomes: As a result of taking this course, the student will be able to: * Recognize the significance of the US Constitution and Bill of Rights, their origins in historical
context to the ongoing process of US society.
* Define political culture and ideology, the political process and the role of political parties, interest
groups, elections, public opinion in the media in the US government system.
* Distinguish the way in which different individuals and groups behave and participate in American
politics.
* Describe the importance of political policy-making institutions, the American system of separation
of powers and checks and balances, and the role of state and local governments in a federal
system.
* Analyze US national interests and domestic and foreign policymaking.
* Apply the practical elements of the course to the working operations of government.
* Develop a greater awareness of the role of the citizen in the American system and become more
politically aware and active in the local and global community.
Full Course Outline -­‐ http://www.palmbeachstate.edu/IE_CourseOutlines/IE_ShowOutline.asp?show=Y&CourseID=POS1041 Class Informa8on In the spirit of wanting everyone to pass with an "A" or a "B", I've already created study note cards for
both quizzes. Go to http://quizlet.com/ and type in "mancusi" in the search box. You'll see a bunch
of flashcards I've created for both my college classes and 8th grade history classes. You're looking
for the 1041 Supreme Court Cases and 1041 Constitution Quiz (created by govtpro). These can be
downloaded to your smart phone for free but you may need to pay a few dollars for an app. There is
a quizlet app free to iPhone users. Go to http://quizlet.com/mobile/ to find a list of apps for your
smart phone. Quizlet should be available on Apple and Andriod devises. Also, there is a great
midterm review (created by xxdemaxx) as well as a review for the final (created by nataliaurquiza1).
They are FANTASTIC reviews for both exams and I highly suggest using them.
Assigned Readings - The dates provided are class (lecture) dates that the assigned chapter(s) need
to be read by.
8/26
Intro & Chapter 1
9/2
Chapter 2
9/9
Chapter 3 (assignment 1 due)*
9/16
Chapter 4 (Constitution Quiz)
9/23
Chapter 5 (assignment 2 due)
9/30
Chapter 6*
10/7
Chapter 7
Template Date -­‐ July 2013 2
Palm Beach State College Course Syllabus – Introduc8on to American Government 10/14
10/21
10/28
11/4
11/18
12/2
12/9
12/16
MIDTERM
Chapter 8
Chapter 9 (assignment 3 due)
Chapter 10 (Supreme Court Case Quiz)
Chapter 11 (assignment 4 due)
Chapter 12 (8 page term papers due)
Chapter 13 & 14
FINAL EXAM Academic Dishonesty Policy and Penalty for Viola8on: Will absolutely NOT be tolerated. Any papers turned in from a previous semester, or cheaTng on exams, assignments (plagiarism) or quizzes will result in the student being immediately dropped from class and that student will receive an “F” for the semester. Assignments, Tests, Quizzes and Final Exam Schedule, with percentage/points of grade: Writing Assignments and Due Dates 1) DUE Sept 9th…Please write one full page explaining whether you are pro-­‐life (conservaTve) or pro-­‐choice (liberal) and why...and one full page explaining whether you're for (liberal) or against gay marriage (conservaTve) and why? 700 words minimum worth 25 points. 2) DUE Sept 23th…Please write one full page explaining whether you feel we should have a larger government with more taxaTon but also more programs to help people and small businesses (liberal) or smaller government with less taxes and fewer programs with support for big business that create jobs (conservaTve) ...and one full page explaining whether you think the government should Tnker with the economy or leave it alone. 700 words minimum worth 25 points. 3) DUE Oct 28th…Write one full page on whether you support the second amendment (conservaTve) or do you feel too many people have guns (liberals)...and one full page on your stance on immigraTon. Do you feel we should make it easier for immigrants to come to this country (liberal) or do you feel like we as a naTon we should toughen immigraTon policy (conservaTve)? 700 words minimum worth 25 points. 4) DUE Nov 18th…Reflect on the last three assignments and talk about whether you feel you're conservaTve or liberal or independent or mixed. Are you social or liberal on all social issues or just some. Did you noTce if either party's stance on certain issues contradicts themselves? Do you feel the government infringes on your freedoms too much or do you feel they don't do enough to regulate? Perhaps you're fiscally conservaTve but socially liberal...Try to define who you are poliTcally. 2 full pages. 700 words minimum worth 25 points. Turning in and Assignment Guidelines -­‐ We will be using Blackboard to turn in assignments and check for plagiarism this semester. Your assignment must be turned in on Tme (6pm on the dates due) to receive any credit. 20% of your grade will be based on 4 short wriaen assignments. Each assignment MUST be 700 words to receive full credit and must be typed. Originality reports for wri8ng assignments and term papers must be under 15% to receive ANY credit. Assignments must be in your own words, not copied or paraphrased from the internet. Any assignment or term paper that is over 15% (16% or higher) will be considered unacceptably plagiarized and will receive a zero for that assignment. Please DO NOT turn in as a PDF file. Quizzes and Exams – All tests and quizzes will be timed and will begin ** PROMPTLY at 6:30 **
Both exam and quiz dates are listed on your syllabus so there is no reason why students can’t make
arrangements to make it to class on time on exam and quiz dates. If a student is late they will have
only the remaining time left for the timed quiz or exam AND NOT the full allotted time. Please do
Template Date -­‐ July 2013 3
Palm Beach State College Course Syllabus – Introduc8on to American Government not call or email me at 6pm and say you’re running late. Students must notify the instructor 24
hours prior to an absence with a valid excuse (please see both attendance and make-up sections of
the syllabus). If you are not present for an exam or quiz and have not provided at least 24 hours
notice, or a valid excuse, you will not be permitted to take the exam. Grading: Grades will be based on 4 assignments, 2 exams and 2 quizzes and 1 term paper. ConsTtuTon/Law Quizzes Each (2) worth 50 points totaling 100 points Assignments Each (4) worth 25 points totaling 100 points Midterm Worth 100 points Final Exam Worth 100 points Term Paper Worth 100 points 450-­‐500 =A, 400-­‐449 =B, 350-­‐399 =C, 300-­‐349 =D, 299 points or less = F All assignments, quizzes and exams are handed back graded and grade distribuTon is listed above. Use the form at the end of your syllabus to track your grade throughout the semester. Class Policies A]endance: Professors are required to take a]endance -­‐ Students are expected to attend all courses. Any
student missing two classes will receive no higher than a “B” in the class (or a drop of one full letter
grade), while students missing three classes will receive no higher than a “C” in class (or a drop of
two full letter grades). Students missing more than three classes will be asked to drop the class.
Students will be granted excused absences in the case of substantial emergency, serious accident or
death of an immediate family member (Proof will be required). A Dr's note does not excuse you
from class. Only your instructor can excuse you from class. Vacations, car trouble or minor illnesses
do not constitute a substantial emergency. Electronic Device Use and Email Policy - are a major distraction in the classroom. They are also devices
that aid in cheating. The use of cellular phones in classroom will not be tolerated. They should be
turned off at the beginning of class or not brought to class. Students violating this policy will be
asked to leave immediately for that class session. Continued use of cell phones for texting during
class will result in a student being asked to leave and will only be permitted back to class with
written permission from the department chair or associate dean of social sciences. Students seen
using cell phones during a test or quiz will receive a zero for that quiz or test.
Late Assignment Policy -­‐ Any student getting to class after attendance has been taken is required to
inform the instructor that the student is not absent. If a student fails to inform the instructor that
he/she came late after the instructor has already taken attendance that student will be marked
absent. Students leaving early will also be marked absent. Make-­‐up Exam Policy -­‐ In the event that a student misses an exam, and does not notify the instructor of
the absence, there will be NO MAKE-UP. In the event that an excuse does constitute an excused
absence, the student is still required to give the instructor 24 hours notice prior to the absence. Any
absence brought to my attention prior to a student missing class, with a valid excuse 24 hours prior,
will be allowed to make-up the exam without penalty. There will be NO MAKE-UPs allowed on
assignments. If a student has not submitted an assignment the day an assignment is due, the
student will receive a ZERO on that assignment. Assignments may NOT be emailed to the instructor
for credit. Assignments are due by 6:00pm the day an assignment is due. Template Date -­‐ July 2013 4
Palm Beach State College Course Syllabus – Introduc8on to American Government Withdrawal Policy: Students that fail to meet aaendance or academic honesty requirements are required to withdraw themselves. Students who did not withdraw themselves will receive an “F” for the semester. College Policies and Web Informa8on Academic Dishonesty Academic dishonesty includes the following acTons, as well as other similar conduct aimed at making false representaTon with respect to the student's academic performance: (1) CheaTng on an exam, (2) CollaboraTng with others on work to be presented, if contrary to the stated rules of the course, (3) Submivng, if contrary to the rules of the course, work previously submiaed in another course, (4) Knowingly and intenTonally assisTng another student in any of the above acTons, including assistance in an arrangement whereby work, classroom performance, examinaTon, or other acTvity is submiaed or performed by a person other that the student under whose name the work is submiaed or performed, (5) Plagiarism. Please refer to the Palm Beach State College Student Handbook (www.palmbeachstate.edu/current for link to the student handbook). Classroom E8que]e and Student Behavior Guidelines Students will demonstrate respect for professors and fellow students. Behavior that is disrupTve to a posiTve learning environment reported by the professor will result in a warning on the first instance; the second instance might result in expulsion from the course or campus. Computer Competency Component Each student will, to the saTsfacTon of the professor, demonstrate a fundamental understanding of basic computer operaTons through various professor-­‐determined exercises and/or assignments. Disability Support Services Students with disabiliTes are advised, in compliance with federal and state laws, that accommodaTons and services are available through the office of Disability Support Services (DSS). It is the student's responsibility to contact Disabled Student Services Advisors and to submit appropriate documentaTon prior to receiving services. Please see the website at www.palmbeachstate.edu/current for web address for Disability Support Services. Ea8ng, Drinking and Smoking EaTng and drinking are confined to areas designated on the campus. Smoking is not permiaed in any College building and only in areas designated at each campus. Final Course Grade Appeal
The evaluaTon of academic work is the responsibility of the faculty member/instructor. The method for assigning the final course grade is established by the faculty member/instructor. Per Board Rule 6Hx-­‐18-­‐3.191, faculty/instructors shall communicate the grading policy of the course to their students in wriTng. If this policy changes during the term, students should be noTfied of any changes in wriTng. The method to determine final course grades must be given to students in a course syllabus at the beginning of the class. Should a student have a quesTon about a final course grade, please follow the procedures as outlined in the student handbook: www.palmbeachstate.edu/current. Template Date -­‐ July 2013 5
Palm Beach State College Course Syllabus – Introduc8on to American Government Mid-­‐Term Grade Repor8ng
Within one week azer the close of the mid-­‐term grading period, mid-­‐term grades will be made available to all students for each class by either wriaen noTficaTon or individual conference. Student Responsibility Policy When a student aaends the College, s/he becomes subject to its jurisdicTon. Students are expected to conduct themselves in a responsible manner, in all areas of campus life. By enrolling, they pledge to obey the rules and regulaTons of the College and are responsible for observing all College policies and procedures as published in the student handbook, the College catalog and other College publicaTons. The student will be responsible for preparing for class, parTcipaTng in class, and compleTng assignments on Tme. Palm Beach State Websites of Interest Please see this web page (www.palmbeachstate.edu/current) for a list of web addresses for students. Withdrawal Policy for Individual Courses The last day to withdraw from a College course with a "W" grade in this course is posted on the colleges website. It is the responsibility of the student to use the PantherWeb system or visit a campus Registrar’s office to withdraw. An official withdrawal enTtles the student to a grade of "W" in the class. Template Date -­‐ July 2013 6
Palm Beach State College Course Syllabus – Introduc8on to American Government Quiz 1. You will need to recreate this list on a blank sheet of paper. U.S. ConsTtuTon and Amendments ArTcles I. LegislaTve Branch II. ExecuTve Branch III. Judicial Branch IV. RelaTon of the States to each other V. Amending the ConsTtuTon VI. Legal status of the consTtuTon VII. RaTfying the ConsTtuTon Amendments I.
Freedoms of speech, press, religion & rights to assemble and peTTon the government II. Bear Arms III. Quartering of Soldiers IV. Search and arrest warrants V. Rights in criminal cases (due process) VI. Rights to a fair trial VII. Rights in civil cases VIII. Rights against excessive bails, fines and punishments IX. Non-­‐Enumerated rights of ciTzens X. Rights retained by people & states XI. Lawsuits against states XII. ElecTon of Pres and V.P. XIII. AboliTon of slavery XIV. Civil Rights (due process) XV. Black suffrage XVI. Income taxes XVII. Direct elecTon of Senators XVIII. ProhibiTon of liquor XIX. Woman’s suffrage XX. President & Congressional terms XXI. Repeal of prohibiTon XXII. PresidenTal term limits XXIII. D.C. suffrage XXIV. Poll taxes XXV. PresidenTal disability and succession XXVI. Suffrage for 18yr olds XXVII. Congressional Salaries Template Date -­‐ July 2013 7
Palm Beach State College Course Syllabus – Introduc8on to American Government U.S. ConsTtuTon and Amendments pracTce quiz Print this out, make mulTple copies and pracTce ArTcles I. II. III. IV. V. VI. VII. Amendments I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVII. Template Date -­‐ July 2013 8
Palm Beach State College Course Syllabus – Introduc8on to American Government Quiz # 2 Matching the Supreme Court Cases with their descripTon. Use the descripTons on www.quizlet.com to study for this quiz. Marbury v Madison (1803)– Established Judicial Review for federal laws by declaring Sec 13 of the Federal Judiciary Act UnconsTtuTonal, to the extent it purports to enlarge the original jurisdicTon of the Supreme Court. C.J. John Marshall. MarTn v Hunter’s Lessee (1816) – ArTcle Three of the U.S. ConsTtuTon grants Dthe U.S. Supreme Court jurisdicTon and authority over state courts on maaers involving federal law. C.J. John Marshall, Maj. Opinion wriaen by Joseph Story. McCulloch v Maryland (1819)– Although the ConsTtuTon does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operaTons of the government in the collecTon and disbursement of the revenue. Because federal laws have supremacy over state laws, Maryland had no power to interfere with the (U.S.) bank's operaTon by taxing it. C.J. John Marshall. Gibbons v Ogden (1824)– was a case in which the Supreme Court of the United States held that the power to regulate interstate navigaTon was granted to Congress by the Commerce Clause of the ConsTtuTon. "A Congressional power to regulate navigaTon is as expressly granted as if that term had been added to the word 'commerce'." The Court went on to conclude that Congressional power over commerce should extend to the regulaTon of all aspects of it, overriding state law to the contrary. C.J. John Marshall. Barron v Baltimore (1833)– State governments are not bound by the Fizh Amendment's requirement, specifically the Fizh Amendment's guarantee that government takings of private property for public use require just compensaTon, are restricTons on the federal government alone for just compensaTon in cases of eminent domain. Also, consequently, that the federal courts could not stop the enforcement of state laws that restricted the rights enumerated in the Bill of Rights. C.J. John Marshall Dred Scott v Sanford (1857) – Africans residing in America, whether slaves or free, could not become United States ciTzens and the plainTff therefore lacked the capacity to file a lawsuit. Furthermore, the parts of the Missouri Compromise creaTng free territories were unconsTtuTonal because Congress had no authority to abolish slavery in federal territories. Judgment of Circuit Court for the District of Missouri reversed and dismissed for lack of jurisdicTon. C.J. Roger B. Taney Plessy v Ferguson (1896) – Plessey 1/8th black, purchased a first-­‐class Tcket on East Louisiana Railway. He appeared white, but told conductor of his heritage. Blacks could only purchase 3rd class Tckets. Plessey was arrested for refusing to leave his seat. The majority of the Court rejected the view that the Louisiana law fostered any inferiority of Blacks, in violaTon of the Fourteenth Amendment, held rather that the law merely separated the races as a maaer of social policy. The "separate but equal" provision of public accommodaTons by state governments is consTtuTonal under the Equal ProtecTon Clause. C.J. Melville Fuller. Muller v Oregon (1908) – Curt Muller, the owner of a laundry, was convicted of violaTng Oregon labor laws by requiring a female employee to work in excess of ten hours in a day, for which he was fined $10. Muller appealed to the Oregon Supreme Court and then to the U.S. Supreme Court, both of which upheld the consTtuTonality of the labor law and affirmed his convicTon. It was a landmark decision in United States Supreme Court history, as it relates to both sex discriminaTon and labor laws. The case upheld Oregon’s restricTons on the working hours of women as jusTfied by the special state interest in protecTng women's health. C.J. Melville Fuller Template Date -­‐ July 2013 9
Palm Beach State College Course Syllabus – Introduc8on to American Government Weeks v U.S. (1914) – The warrantless seizure of documents from a private home violated the Fourth Amendment prohibiTon against unreasonable searches and seizures, and evidence obtained in this manner is excluded from use in federal criminal prosecuTons. C.J. Edward Douglas White. Schenck v U.S. (1919) – The Clear and Present danger test, established here, considers both the context of speech (disTnguished between warTme and peaceTme speech) and the intent of the person who presents it, in this case Socialist Party General Secretary Schenck’s anT-­‐draz leaflets. The leaflets stated the draz was in violaTon of the 13th Amendment’s protecTon against “involuntary servitude.” For the court, Holmes stated, “the quesTon in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about substanTve evils that congress has a right to prevent.” C.J. Edward Douglass White. Gitlow v New York (1925)– Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New York's criminal anarchy law for advocaTng the violent overthrow of the government through the disseminaTon of Communist pamphlets. The case parTally reversed Barron v BalTmore (1833). C.J. William Howard Taz Near v Minnesota (1931)– A Minnesota law that imposed permanent injuncTons against the publicaTon of newspapers with "malicious, scandalous, and defamatory" content violated the First Amendment, as applied to the states by the Fourteenth. Minnesota Supreme Court reversed. C.J. Charles Evans Hughes Stromberg v California (1931) – Stromberg worked for a summer camp for kids, sponsored, in part, by organizaTon communist in ideology. Stromberg and other staff members were arrested for violaTng a California ordinance (California Red Flag Law) banning public use or display of a red flag. Supreme Court found the law unconsTtuTonal because it violated the liberTes protected by the 14th Amendment…to include a protecTon of the 1st Amendment, in this case symbolic speech. C.J. Charles Evans Hughes. Palko (Palka) v Connecticut (1937)– Frank Palka had been charged with first-­‐degree murder but was instead convicted of the lesser offense of second-­‐degree murder and given a sentence of life imprisonment. Prosecutors appealed per ConnecTcut law and won a new trial, in which Palka was found guilty of first-­‐degree murder and sentenced to death. Palka appealed, arguing that the Fizh Amendment protecTon against double jeopardy applied to state governments through the Due Process Clause of the Fourteenth Amendment. The Court eventually reversed course and incorporated the protecTon against double jeopardy with its ruling in Benton v. Maryland (1969). C.J. Charles Evans Hughes. U.S. v Miller (1939) –is the only Supreme Court decision to directly address the 2nd Amendment. April 18, 1938 Jack Miller and Frank Layton were arrested for transporTng an unlicensed sawed-­‐off shotgun ("having a barrel less than 18 inches in length") across state lines while engaged in interstate commerce, in violaTon of the NaTonal Firearms Act (NFA). Defendant's argument at trial court was as follows: The NFA is not a revenue measure but an aaempt to usurp police power reserved to the States, and is therefore unconsTtuTonal. Also, it offends the inhibiTon of the 2nd Amendment. The Court decided that The NFA -­‐ as applied to transporTng in interstate commerce a 12-­‐gauge shotgun with a barrel less than 18 inches long, without having registered it and without having in his possession a stamp-­‐affixed wriaen order for it -­‐ was not unconsTtuTonal as an invasion of the reserved powers of the States and did not violate the Second Amendment of the United States ConsTtuTon. C.J. Charles Evans Hughes. Chaplinsky v New Hampshire (1942) – JusTce Frank Murphy created a two-­‐Ter theory which states certain “well-­‐defined” and “narrowly-­‐limited” categories of speech fall outside the bounds of consTtuTonal protecTon (lewd, profane, obscene, libelous and now fighTng words). A criminal convicTon for causing a breach of the peace through the use of "fighTng words" does not violate the Free Speech guarantee of the First Amendment. C.J. Harlan Fiske Stone Template Date -­‐ July 2013 10
Palm Beach State College Course Syllabus – Introduc8on to American Government Brown v Board of Education (1954) – SegregaTon of students in public schools violates the Equal ProtecTon Clause of the Fourteenth Amendment, because separate faciliTes are inherently unequal. The case overturned Plessy v Ferguson (1896). C.J. Earl Warren. Roth v U.S. (1957) – Samuel Roth owned a literary business and was convicted under a federal statute criminalizing the sending of "obscene, lewd, lascivious or filthy" materials through the mail for adverTsing and selling a publicaTon called American Aphrodite. Court said that obscenity was not protected by the First Amendment, and, more importantly, strictly defines what is considered "obscene". C.J. Earl Warren Cooper v Aaron (1958) - Azer Brown v. Board of EducaTon, the school district of Liale Rock, Arkansas formed a plan to desegregate its schools. Meanwhile, other school districts in the state opposed the Supreme Court's rulings and aaempted to find ways to conTnue segregaTon. The Arkansas state legislature amended the state consTtuTon to oppose desegregaTon. The school board of Liale Rock conTnued with the desegregaTon program anyway. On February 20, 1958, five months azer the integraTon crisis involving the Liale Rock Nine, members of the school board (along with the Superintendent of Schools) filed suit in the United States District Court for the Eastern District of Arkansas, urging suspension of its plan of desegregaTon. In an opinion signed by every jusTce, the Court noted that the school board had acted in good faith, and that most of the problems stemmed from the official opposiTon of the Arkansas state government to racial integraTon in both word and deed. Nonetheless, it was consTtuTonally impermissible under the Equal ProtecTon Clause to maintain law and order by depriving the black students their equal rights under the law. More importantly, the Court held that since the Supremacy Clause of ArTcle VI made the U.S. ConsTtuTon the supreme law of the land, and because Marbury v. Madison gave the Supreme Court the power of judicial review, then the precedent set forth in Brown v. Board of EducaTon is the supreme law of the land, and is therefore binding on all the states, regardless of any state laws contradicTng it. C.J. Earl Warren. Mapp v Ohio (1961) - The Fourth Amendment prohibiTon against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconsTtuTonally obtained evidence from use in criminal prosecuTons. The court stated that the exclusionary rule also applies to states, meaning that states can’t use evidence gained by illegal means to convict someone. C.J. Earl Warren. Gideon v Wainwright (1963) – Involved the case of an indigent who broke into vending machines in panama City, Florida. Florida court refused to appoint counsel because he didn’t commit a capital offense. Court decided the Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. Modified a previous SC decision (Beas 42’) that looked to appoint counsel on a case by case basis. C.J. Earl Warren. New York Times v Sullivan (1964) – The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. Supreme Court established the actual malice standard before press reports could be considered to be defamaTon and libel. C.J. Earl Warren. Escobedo v Illinois (1964) – Escobedo was implicated in the shooTng of his brother-­‐in-­‐law. He asked for an Aaorney and, once one got to his holding locaTon, was not allowed to speak to him. Escobedo was allowed to confront the man who implicated him in custody and wound up implicaTng himself as an accessory to the crime. Court found that where a police invesTgaTon begins to focus on a parTcular suspect. The court for the first Tme spoke of "an absolute right to remain silent." Escobedo had not been adequately informed of his consTtuTonal right to remain silent rather than to be forced to incriminate himself. C.J. Earl Warren. Template Date -­‐ July 2013 11
Palm Beach State College Course Syllabus – Introduc8on to American Government Griswold v Connecticut (1965) – Although the Bill of Rights does not explicitly menTon "privacy", JusTce William O. Douglas (wriTng for the majority) ruled that the right was to be found in the "penumbras" of other consTtuTonal protecTons. JusTce Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment to defend the Supreme Court's ruling. JusTce John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the Fourteenth Amendment. JusTce Byron White also wrote a concurrence based on the due process clause. Court found that the ConnecTcut law criminalizing the use of contracepTves violated the right to marital privacy. C.J. Earl Warren. Miranda v Arizona (1966) – The 5th Amendment privilege against self-­‐incriminaTon (A.5. 3 -­‐ that no person shall be held to tesTfy against himself) requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent (referring to A.5. 3) and to obtain an aaorney (referring to the 6th Amendment). The courts opinion looks similar to the text of the “Miranda Rights” as read someone gevng arrested…”The person in custody must, prior to interrogaTon, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogaTon, and that, if he is indigent, a lawyer will be appointed to represent him.” Miranda’s original convicTon was overturned and he was later retried and convicted. C.J. Earl Warren. Brenton v Maryland (1969) - the Supreme Court found that the Fizh Amendment protecTon against double jeopardy is enforceable against the states through the Fourteenth Amendment. C.J. Warren E. Burger. Brandenburg v Ohio (1969) – further restricted the governments ability to punish free speech by requiring an actual empirical finding of imminent harm as opposed to a “tendency” as set forth in Schenck. Allowed the government to punish advocacy of illegal acTon ONLY if “such advocacy is directed to incite or produce imminent lawless acTon and is likely to incite or produce such acTon.” C.J. Warren E. Burger. New York Times v United States (1971) – “Pentagon Papers” NY Tmes started prinTng a series of classified US documents. A temp. restraining order was granted, but not a permanent injuncTon. Eventually the Supreme Court ruled even the temp. restraining order was in violaTon of prior restraint under the 1st Amendment because the US hadn’t met the burden of proving the need for prior restraint (Clear and Present Danger and Obscenity). C.J. Warren E. Burger. Roe v Wade (1973) – was a U.S. Supreme Court case that resulted in a landmark judicial opinion about privacy and aborTon in the United States. According to the Roe decision, most laws against aborTon violated a consTtuTonal right to privacy under the Due Process Clause of the Fourteenth Amendment. The decision overturned all state and federal laws outlawing or restricTng aborTon that were inconsistent with its holdings. Roe is one of the most controversial and poliTcally significant cases in U.S. Supreme Court history. The central holding of Roe v. Wade was that aborTons are permissible for any reason a woman chooses, up unTl the "point at which the fetus becomes ‘viable,’ that is, potenTally able to live outside the mother's womb, albeit with arTficial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks." The Court also held that aborTon azer viability must be available when needed to protect a woman's health, which the Court defined broadly. Its lesser-­‐known companion case, Doe v. Bolton (challenged a Georgia law permivng aborTons only azer rape, fetal deformiTes or injury/death to the mother), was decided the same day as Roe. Court found in Roe, the Texas law making it a crime to assist a woman to get an aborTon violated her due process rights. C.J. Warren E. Burger. U.S. v Nixon (1974) – The Supreme Court does have the final voice in determining consTtuTonal quesTons; no person, not even the President of the United States, is completely above law; and the president cannot use execuTve privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial. C.J. Warren E Burger. Template Date -­‐ July 2013 12
Palm Beach State College Course Syllabus – Introduc8on to American Government Webster v Reproductive Health Services (1989) – The Court approved a Missouri law that imposed restricTons on the use of state funds, faciliTes and employees in performing, assisTng with, or counseling on aborTons. The Supreme Court thus allowed for states to legislate in an area that had been previously been thought to be forbidden under Roe. C.J. William Rehnquist. R.A.V. v City of Saint Paul (1992) – When teens burned a cross inside the yard of a black family, one teen was arrested because of a St Paul Minnesota ordinance which made illegal symbols or objects known to arouse anger or alarm on the basis of color, race, religion or gender. Case dismissed due to over-­‐broadness of the ordinance, but the Minnesota SC reversed the trial court judge. Supreme Court, though for different reasons, ruled the ordinance was consTtuTonally unacceptable protecTng symbolic hate speech under the 1st Amendment. C.J. William H. Rehnquist. U.S. v Lopez (1995) – The Supreme Court held that while Congress had broad lawmaking authority under the Commerce Clause, it was not unlimited, and did not apply to things far from commerce as carrying handguns, especially when there was no evidence that carrying them affected the economy on a massive scale. Possession of a gun near a school is not an economic acTvity that has a substanTal effect on interstate commerce. A law prohibiTng guns near schools is a criminal statute that does not relate to commerce or any sort of economic acTvity. C.J. William Rehnquist. Lawrence v Texas (2003) – A Texas law prohibiTng homosexual sodomy violated the privacy and liberty of adults, under the Due Process Clause of the Fourteenth Amendment, to engage in private inTmate conduct. C.J. William Rehnquist Template Date -­‐ July 2013 13
Palm Beach State College Course Syllabus – Introduc8on to American Government Monitor Your Grade You deserve an "A"…now go earn it!! Assignment Midterm Grade #1 ________ out of 25 #2 ________ out of 25 Quiz #1 ________ out of 50 Midterm ________ out of 100 Total Points________ / 200 = ________ Your midterm grade _____ To figure out your midterm grade add up your points and divide by 200… this will give you a percentage score. Assignment Course Grade Date Due #1 ________ out of 25 __________ #2 ________ out of 25 __________ #3 ________ out of 25 __________ #4 ________ out of 25 __________ Quiz #1 ________ out of 50 __________ Quiz #2 ________ out of 50 __________ Midterm Exam ________ out of 100 __________ Final Exam ________ out of 100 __________ Term Paper ________ out of 100 __________ Total Points________ / 500 = ________ Your grade _____ Completed (Y/N) ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ To figure out your overall grade for the course, add up all of your points and divide by 500. This will give you your overall percentage score for the semester. Tips 1. WriTng assignments must be 700 words and on topic to receive full credit. Do not plagiarize. 2. DO NOT wait for the week before each quiz to study. You have the informaTon in your syllabus. Use it to your advantage NOW…not later. 3.
For each exam you'll get a study guide two weeks prior to the exam. The first topic on the study guide is the first quesTon on the exam. It's that easy!! APA STYLE RESOURCES How to do the paper & what is should look like: hap://owl.english.purdue.edu/owl/resource/560/01/ Bibliography: Click on noodle bib express, APA, follow direcTons www.noodletools.com How to do in-­‐text citaTons: hap://owl.english.purdue.edu/owl/resource/560/02/ hap://owl.english.purdue.edu/owl/resource/560/03/ Template Date -­‐ July 2013 14
Palm Beach State College Course Syllabus – Introduc8on to American Government Department Contact Informa8on Name: Dr. Victor Aikhionbare
Telephone: 561-­‐868-­‐3336
Job Title: Social Science Dept Chair
Template Date -­‐ July 2013 Office Loca8on: SS-­‐209
Email: [email protected]
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