Dale Story
POLS 2311
1a
CLASS OUTLINE--THIRD EXAM
1. Courts
a. Court’s Roles
i. Supposedly apolitical—by definition only adjudicates--limits to powers
(passive/cannot initiate; President nominates; Congress confirms/passes new
laws)
ii. Judicial review—Hamilton and Jefferson debate—Marbury v Madison
(Federalists/Adams wanted to appoint Marbury as justice of the peace—new antiFederalist Sect. of State Madison refused—Federalists were more inclined
toward strong national government and a strong Supreme Court—Chief Justice
John Marshall (Federalist) led the majority that ruled that Madison was not
obligated to implement the appointment (a minor loss for the Federalists who had
appointed Marbury)—but the majority also ruled that the Court had the power to
make such decisions regarding the constitutionality of legislation (laws “in
pursuance of the Constitution”—Constitution was the “supreme law of the
land”—and the Court settles legal controversies and thus decides Constitutional
issues.
iii. Limited political role—The policy views dominant on the Court are never for
long out of line with the policy views dominant among the lawmaking majorities
of the U.S.
b. Court and Historical Trends—Pre-Civil War, Marshall & Federalists, broad powers—
1880-1930, protected Social Darwinisn, laissez faire, Southern segregation—Depression,
FDR and “Court Packing Scheme”—Post-War, Warren Court and the “liberal”
establishment.
c. Supreme Court Justices
i. Appointment and confirmation processes can be highly politicized.
ii. Conservative—Scalia (Reagan), Thomas (Bush sr.), Roberts (Bush jr.), Alito
(Bush, jr.)
iii. Swing Conservative—Kennedy (Reagan)
iv. Swing Liberal—Kagan (Obama, too recent?)
v. Liberal—Ginsburg (Clinton), Breyer (Clinton), Sotomayor (Obama)
vi. Who did Sotomayor and Kagan (Obama appointees) replace?
vii. Which President appointed the Justice that Sotomayor replaced? Which
President appointed the Justice that Kagan replaced?
d. Organization of Court System
i. Constitution only establishes the Supreme Court
ii. Federal Courts—Federal District Courts (94) are trial courts (fact and law).
Circuit Courts of Appeal (11) are the first level of appeal (only the law). The
Supreme Court is the final and top level of appeal (law).
iii. State Courts—often the same three-tiered organization, though some states do
not have the mid-level appellate courts. Also, some states elect judges.
2. Court Actions
a. Freedom of speech—“clear and present danger” in Schenck v NY (through 1920s)—“bad
tendency” in Gitlow v NY and Dennis v US (1920s-50s)—post-WW II, return to clear and
present danger. Bullying vs. freedom of speech. Hate crimes. Libel and slander.
i. 2011 case on Church protesting military funerals.
1. Westboro Church Protests at Military Funerals
2. Supreme Court Ruling in Westboro Church Case
b. Freedom of the press—no prior restraint—Near v Minnesota (1931, “malicious” or
“scandalous” newspapers allowed)—NY Times v US (1971, Pentagon Papers—a “top
secret” US Defense Dept. history of US involvement in Vietnam from 1945 to 1967
allowed to be published—no violation of espionage laws and no evidence of “grave and
c.
d.
e.
f.
g.
irreparable” damage—was seen as embarassing to the Administration, showing the
Vietnam experience to be a “wrong war,” and that the US public was misled).
Confidentiality of sources?
Pornography
i. Difficult to define. Court has utilized various standards. “I know it when I see
it” (Justice Potter Stewart, 1964). No erect penises, no intercourse, no sodomy?
Must have “redeeming social importance?” Community standards?
ii. Obscenity and offensive language (warning of potentially obscene language, but
isn’t that the point?). Depends on context
1. Richard Pryor and George Carlin on the word nigger
2. Lenny Bruce (Dustin Hoffman in the movie) on the word nigger
3. George Carlin on “7 dirty words”—mother fucker, etc.
4. Mark Twain and censorship of the word nigger
5. Child pornography—lack of free will
Freedom of religion—Engel v Vitale, 1962, outlawed school prayer. First Amendment:
“no establishment of religion” and “free exercise of religion.”
i. Founding Fathers and Christianity
Procedural justice—2 models—DUE PROCESS, Escobedo v Illinois, 1964, right to
counsel—Gideon v Wainright, 1963, right to state-provided counsel if indigent—
Miranda v Arizona, 1966, must be informed of right to remain silent, that anything you
say can be held against you, and right to counsel—traditional doctrines such as innocent
until proven guilty, beyond a reasonable doubt, and unanimous vote. LAW AND
ORDER, too few cases solved, decisions rendered, and prison sentences enforced. “The
hands of the law enforcement agencies and courts are tied by the Due Process decisions.”
Weakening of Miranda, etc. (not coerced, spontaneous, implied).
School desegregation—Brown v Board of Education, 1954, ended “separate but equal”
and “with all deliberate speed”—Swann v Charlotte-Mecklenberg Bd. of Educ., 1971,
massive bussing OK —de facto v de jure—desegregation v integration
Affirmative Action—Bakke (1978, medical school admission, no quotas, but may
consider race, etc. as subjective factors), Webber (1979, applied to private sector),
Hopwood (1996, UT Law School may not use race as a factor in admission), and Univ. of
Michigan case (2003, reversed Hopwood).
3. Foreign Public Policy
a. International Economic Crisis
i. Basis of postwar system (Bretton Woods—World Bank, International Monetary
Fund, General Agreement on Trade and Tariffs, stable currencies with gold
convertibility): Concentration of power; Existence of a cluster of shared interests
(liberalism, capitalism, Cold War); and Presence of one dominant power (U.S.)
willing and able to lead
ii. Three reasons for failure: Challenges to power (from Third World and
Communist bloc—even multi-national corporations); Lessening of security
tensions—détente—no common enemy—dissent on liberal and capitalist beliefs
(especially in the Third World); U.S. no longer willing (or able?) to lead
(devalued currency, left gold standard)
b. New International Economic Order and North (developed)-South (underdeveloped)
issues
i. Aid: South wants increases and few strings. Objectives of U.S. foreign aid (in
order of importance): National Security (most aid is military); Diplomatic gains;
Economic advantages (“dumping,” tied aid, create business links); Reform
(Alliance for Progress and human rights); and Humanitarianism
ii. Transfer of technology. South wants more appropriate technology and looser
restrictions. Violation of trademarks, patents, ownership of creative output, etc.
iii. Debts. South wants to renegotiate (lower interest rates, longer terms), debtequity swaps, or moratorium. Some banks sell debts for market value.
iv. Trade. Deteriorating terms of trade (international division of labor).
Dependency. Fluctuating prices. Desire for cartels or common funds.
c. Third World Power
i. UN—General Assembly and many agencies
ii. OPEC—reversed dependency; but unique due to supply/demand, geographic
concentration, and international politics
d. East-West Conflict
i. Cold War—brinkmanship, competition, hostility, aggressive actions, etc.
between East (Soviet bloc—Warsaw Pact) and West (NATO bloc)
ii. Marshall Plan (1947-1951)—first “shot” in the Cold War. Massive U.S. foreign
aid program to rebuild war-torn Western Europe (to “save” those nations from
communism).
iii. Cuban Missile Crisis (1962)—beginning of the end of the Cold War. Soviet
missiles in Cuba. U.S. blockade and demand that they be removed. Soviet
acquiescence, but learned lesson of inferiority. Led to rough equity and détente.
Negative sum game.
e. Evolution of Postwar Foreign Policy
i. Two themes—anti-communism and interventionism
ii. Truman Doctrine—1947—U.S. response to threat of pro-Western governments
in Greece and Turkey—The U.S. had the right to intervene to support free
peoples who are resisting attempted subjugation by armed minorities or by
outside pressures. Led to NATO (1949), CENTO (1955-1979), and SEATO
(1955-1977)
iii. Eisenhower Doctrine—1957—Middle East--authorized the commitment of U.S.
forces to secure and protect the territorial integrity and political independence of
such nations, requesting such aid against overt armed aggression from any
nation controlled by international communism."
iv. Cases of postwar intervention
1. Korean War—1950-53—military conflict between North Korea
(supported by the People’s Republic of China and the Soviet Union) and
South Korea (supported by the UN and the US)—A proxy war between
the East and the West—Korea was ruled by Japan from 1910 until the
end of World War II—After Japan surrendered in 1945, U.S.
administrators divided the Korean peninsula along the 38th Parallel, with
U.S. troops occupying the southern part and Soviet troops occupying the
northern part—the war solidified this border and created the Korean
Demilitarized Zone.
2. Iran—1953—covert—Coup led by the CIA overthrew the democratically
elected Mosaddegh and installed the dictatorial Pahlavi (the Shah), who
would rule for 26 years.
3. Guatemala—1954—covert— Coup led by the CIA overthrew the
democratically elected Árbenz—the result was a 30-year succession of
military or military-led governments.
4. Lebanon—1958—over 10,000 U.S. soldiers—protected pro-U.S.
government
5. Cuba—1961 and onward—Bay of Pigs—covert support (financing,
training, etc.) of Cuban exile invasion
6. Dominican Republic—1965—over 40,000 U.S. troops occupy the
Dominican Republic—Your unannounced mission is to prevent the
Dominican Republic from going Communist (U.S. commander)—or
simply to protect U.S. interests?
7. Vietnam—early-1960s through fall of Saigon in 1975—over 500,000
U.S. troops and over 50,000 U.S. soldiers killed.
8. Grenada—1983—upwards of 10,000 U.S. soldiers assist in overthrowing
radical leader and “rescuing” U.S. medical students.
9. Nicaragua—1982 through late-1980s—covert aid and training to forces
(contras) opposing the revolutionary government that overthrew
dictatorial Somoza.
10. Panama—1989—U.S. invasion of Panama to depose and arrest
Noriega—over 25,000 U.S. troops
11. Iraq—First Gulf War—1990-1999—drive Iraq out of Kuwait—stopped
short of Baghdad and overthrowing Saddam Hussein—upwards of
500,000 U.S. forces total, 150,000 at any one time—some 300 U.S.
troops killed—Second Gulf War—2003-2010—U.S. invasion to
eliminate WMDs believed to exist in Iraq—250,000 U.S. troops—over
4,000 U.S. deaths—toppled Saddam Hussein.
12. Afghanistan—2001 to present—war on terror and terrorists (Taliban and
Al-Qaeda)—500,000 U.S. troops total, over 100,000 at any one time—
1,400 U.S. casualties.
13. Libya
v. CIA and assassination plots
1. Early 1960s—Castro, Cuba, 638, 1960-70s (direct US involvement,
unsuccessful)—Lumumba, Congo, 1960-61 (direct US involvement, shot
after being overthrown)—Trujillo, Dominican Republic, 1961 (indirect
US involvement, successful)—Diem, South Vietnam, 1963 (indirect US
involvement, successful, “ally” seen as a liability)—Schneider, Chile,
1970 (indirect involvement, successful, general who supported the
constitution)
2. President Ford (1976) issues an executive order prohibiting assassination
3. “Targeted Killings”
a. Killing by a government or its agents of a civilian or "unlawful
combatant" taking a direct part in armed conflict and hostilities
and who is not in that government's custody and cannot be
reasonably apprehended. Often by unmanned drone aircraft.
b. In June 2006, the U.S. killed Abu Musab al-Zarqawi, the
Jordanian leader of al-Qaeda in Iraq, responsible for bombings,
beheadings, and attacks. An F-16C jet drop two 500-pound
guided bombs on a meeting in an isolated "safe house". Six
others were also killed, including his key lieutenant, spiritual
adviser Sheik Abd-Al-Rahman, and one of his wives and their
child.
vi. Reagan Doctrine—“Roll-back” communism. Not simply “containment” or
“peaceful coexistence.” Afghanistan, Angola, and Nicaragua.
f. National Security
i. Deterrence—“second-strike” capability deters a “first-strike.” Nuclear war
becomes a negative-sum game, in which no nation will choose to participate or
initiate. “Mutually assured destruction” (MAD).
ii. Triad—“second-strike” capability depends on three means of delivering nuclear
weapons: land (ICBMs in hardened silos or on moveable tracks), sea
(submarines), and air (land- and carrier-based bombers).
iii. SDI—Strategic Defense Initiative—land- and air (space) systems that would
destroy incoming missiles. Concern over giving a nuclear advantage of one
super-power and destabilizing MAD.
4. Domestic Public Policy
a. Levels of poverty
i. Numbers—The poverty level for 2011 was set at $22,350 (total yearly income)
for a family of four (for a one-person family it decreases closer to $10,000).
Lacking an acceptable income. Cycles between 13 and 17% of the population.
Some 40% of the population will be below the poverty level at one point in their
life (typically younger or older). US minimum wage is $7.25/hour (multiplied by
40 hrs./week and than multiplied by 52 weeks/year produces just over $15,000
annual wage). Annual GDP per capita (essentially the average income per
person) in Burundi is 100 US $. United States is 47,000 US $ (or 470 times that
of Burundi.
b.
c.
d.
e.
f.
g.
ii. Unequal income distribution—Skewed in favor of top 20% and especially top
5%.
iii. Reasons for inequalities—Education, profession, dedication, initiative,
resourcefulness, birth (income level of one’s parents), sex, race. “Cycle of
poverty.”
Who are the poor? Over 50% are Anglo, over 30% are African-American, and over 10%
are Hispanic. But less than 10% of Anglos are poor; while over 30% of AfricanAmericans are poor; and over 20% of Hispanics are poor. Most are single-mother
families. African-American median income is roughly 2/3rd that of Anglos.
Taxation policies
i. Progressive or graduated—determined by your income--income tax (10% to
35%)
ii. Regressive—everyone pays the same percentage or rate—sales tax, property
taxes, etc.—wealthy families pay a smaller % of their income than do poorer
families.
Spending policies
i. “War on Poverty”—Economic Opportunity Act—LBJ—extension of New
Deal—“welfare state” vs. “workfare state”—“you can give some a fish today,
and they will be hungry again tomorrow; or you can teach them to fish, and they
will never be hungry again.”
ii. Social Security, Medicare, and Medicaid. Actually, only Medicaid is directed at
the poor. Social Security and Medicare are for the elderly. Other programs for
the poor include cash assistance, food stamps, child support, among others. The
level of qualification for these programs is determined by each state.
iii. Healthcare
1. Costs—Malpractice Insurance
2. Medical costs soar
iv. Federal Budget
1. US Federal Government Spending, Pie Chart
2. US Federal Government Spending, Details
3. Jeff Sessions (US Senator, Republican), Welfare expenditures over $1
trillion annually
4. Fact Check on Sessions Report
Deficits—Office of Management and Budget tables
Racial minorities
i. Native Americans. Indigenous peoples (original inhabitants). Displaced from
land in 19th Century and concentrated on government reservations. “Manifest
Destiny.” Smallest minority group, and lowest in terms of many socio-economic
indicators. Different cultural view: communal, spiritual, respect for nature.
ii. African-Americans. Slavery. Abolished in 19th century. Segregation and
discrimination legally condoned into the 20th century—ended by 1950s Court
decisions and early-1960s legislation?
iii. Hispanics. Cheap labor. History of discrimination and segregation. Issues of
assimilation.
Civil Rights movement
i. 13th -15th Amendments
1. 13th Amendment, 1865—abolished slavery
2. 14th Amendment, 1867—equal protection and due process
3. 15th Amendment, 1869—right to vote
ii. Reconstruction and Plessy v Ferguson (1896). Reconstruction era from 1863-77
produced a number of positive steps in terms of affirming civil rights for all
races. However, in the South tacit approval of the belief in white supremacy was
still evident in many cases. And the Supreme Court provided some concurrence
to these beliefs—particularly in Plessy v Ferguson which upheld “Jim Crow”
laws in the states. The Plessy case approved segregation of the races (separate
but equal—with the latter concept being largely ignored).
iii. Early Movements. The NAACP and the National Urban League were
established in 1909-10. These organizations sought equality for all races—
almost exclusively working through court actions and other legal means.
iv. Marcus Garvey (1887-1940). Black nationalist. Advocated a separate black
nation. Rejected the goal of achieving equality in the U.S.
v. 1950s
1. Brown v Board of Education, 1954. Over-turned Plessy and “separate
but equal.” Required integration of public schools “with all deliberate
speed.”
2. Rosa Parks, 1955. Refused to sit in the back of a Montgomery, Alabama
bus. Her arrest catalyzed a successful, year-long boycott of the
Montgomery bus system. The boycott was led by Dr. Martin Luther
King, Jr.
3. Southern Christian Leadership Conference, formed in 1957. Established
by Dr. King, Rev. Ralph Abernathy, and others to encourage non-violent,
civil disobedience against segregation.
4. Little Rock Central High School, 1957. President Eisenhowser sent 1200
soldiers of the 101st from Fort Campbell to assist 9 black students in
integrating the school.
vi. 1960s
1. Congress on Racial Equality (actually formed in the early-1940s) and the
Student Non-violent Coordinating Committee (formed in 1960) pushed
more direct actions, such as the “Freedom Rides” to end segregation on
interstate buses. Met with extreme violence (fire-bombings, etc.) at
times. Stokely Carmichael and “black power” perspective.
2. Sit-ins at Woolworth lunch counters in Greensboro, North Carolina
(1960).
3. Federal Marshals sent by President Kennedy in 1962 to protect James
Meredith as he entered (and integrated) and University of Mississippi.
4. Massive demonstrations led by Dr. King in Birmingham, Alabama, 1963.
Police (“Bull” Connor) responded with spray hoses and dogs to deter the
protestors. Also, in 1963 Dr. King delivered his famous “I Have a
Dream” speech on Washington, D.C. And four girls die in a
Birmingham church in a dynamite blast.
5. Voting rights march from Selma to Montgomery, 1965—led by Dr.
King.
6. Ghetto riots start in Watts (1965), Chicago and Cleveland (1966), and
other cities by 1967.
7. Dr. King is murdered in 1968.
vii. Civil Rights Policies
1. First Civil Rights bill passed in 1957. Largely symbolic. Sought to
protect voting rights (injunctive relief from federal courts). No
immediate impact.
2. Civil Rights Act of 1960. Federal officials could register blacks. Also,
no immediate impact.
3. Civil Rights Act of 1964. Initiated by President Kennedy and passed
under President Johnson (after defeating a filibuster). First significant
entry of the U.S. federal government into civil rights legislation.
Prohibited discrimination in public facilities, jobs, and voter registration.
Provided for enforcement.
4. Voting Rights Act of 1965. All barriers to voting rights abolished. Has
been extended several times. The impact was significant. Black
registration increased from 29% in 1962 to 62% in 1968. Elected black
officials increased.
h. Crime
i. Violence in the U.S. Crime rate in the U.S. is almost double that of any other
developed nation. Study of 26 high-income nations shows strong association
between gun availability and homicide rates.
ii. Conviction Rate (number of convictions divided by the number of criminal cases
brought by a prosecutor). In the U.S. averages 85%. Japan averages 99%. But
Japan prosecutors are said to only bring the “most-likely guilty” defendants to
trial.
iii. Unsolved Crimes. Percent of murders that have remained unsolved fluctuates
around 40%.
iv. “Victimless” Crimes? Are forms of gambling, prostitution, intoxication or being
under the influence such crimes? Drunk driving?
v. “White-collar” Crime. Shoplifting, employee theft, business fraud, banking
fraud. Extensive and expensive. But does a more permissive attitude exist?
vi. Policy Alternatives.
1. De-emphasize victimless crimes.
2. Gun control laws. Or—But only the criminals will have guns?
3. Greater emphasis on resources for law enforcement (from police to
courts to prisons)
4. Emphasis on rehabilitation.
5. Remove constraints on police and prosecutors.
6. Reduce poverty and unemployment rate (which are directly related to
crime rates).