Monday, June 23, 2008

Day 4

convicted felons not being able to vote

the law to not let felons vote is a problem

delegates could not agree on the qualifications of who can vote
(property was a qualification, value of the property was important)

voting rights of 1965 was an important

no tax to vote (24th amendment)

resident, 18 years of age, registrant to prove residency
california has a requirement that you not be a felon

the idea of punishment it to rehabilitate, not to punish you forever
some beleive that crimes against society, you can no longer be trusted to be a contributor to society

a function not of the constitution unless a group pushes it through

despite the three civil war ammendments, black laws were passed
it was a crime to teach a black man to read or write
mental slavery
grandfather clause: if you wanted to vote, you had to prove that your grandfather was a citizen of the united states before you are allowed to vote
1868 law gave slaves full citizenship

other ways of control
have to show that you have a job
reason was to keep the slave labor
prisoner labors effectively kept slave labor by legal means
terrorism (kkk)
demonstrate against blacks

civil rights movement passed a law that allowed the federal governments to come in and find out if african-americans are not registered by design

in the constitution, 11 + , why does it say congress will have the right to enforce this
the ammendments outline the objective
congress makes laws and specific legislation to make it possible to enforce it

declaration of independence
is the ideological foundation for the united states
list of basis' for which the colonies were to break away from great britain

one of the conflicts over the interpretation of american security and rights in the constitution was teh idea that in a time of emergency that the president has the power to claim dicatorial power in order to protect the society

has his view of what a law is and ought to be, without the intervention of congress
a temporary suspension
the president is required to go to FISA court (foreign intelligence surveillance act)
says that if the president has a good reason to suspect someone is threatening the security of the unite states, he must ask the court for a warrant to search/eavesdrop/invade the privacy of a suspect

after it was decided that americans have the right to privacy as decided by conneticut vs griswold 1965

the issue is whether or not it was acceptable to use buy or sell contraceptives
the rule or law - the law that could be applied was ammendement 1 3 4 5 9 and 14
first ammendment freedom of expression - both allows saying and NOT saying something
third amendment the right of no invasion of the government without permission
4th no unlawful search and seizures
5th the government cannot make you testify against yourself
9th the right to privacy is implied in all these, included the 9th

on the basis of these, all americans have the right to privacy
and, because of these provisions, we do not live in a police state
the concept is something that is so private cannot be enforced by anything other than a police state (which is unconstitutional)

this government has employed the unitary executive view
-one central authority

constitutional (stewardship) view
-the president is only allowed/supposed to do what the constitution says to do

nixon came close
law passed in 1968
that the president needs to spend money in the budget as congress wrote it

FDR's new deal was extra-constitutional, but provided for under the constitution

bush uses signing statements to show how he will carry out the law
individual view of the law is supreme

wherever there are americans or a place is under U. S. control, they must abide by the constitution

fundamental values

you may not believe you are an ideologue (a person governed by a set of rules)

enlightenment, reason
the minds of the world can penetrate the world and it's complexity and tease out what is good, useful and effective

political culture
a patterned set of ideas, values and ways of thinking about government and politics

heterogeneuos - derived from different backgrounds (national or historical)
homogeneous - comes form the same background (national or historical)
dominant - culture of the group that controls power and politics

the dominant political culture in the united states is euro-centric
values derived from the judeo-christian individualistic european cultures
people started demanding multiculturalism
ethnic groups are the subculture
the demand for multiculturalism is a call for inclusion
the differences of culture might not be bad, but may end up useful or wonderful
in the future, you may have a homogeneous culture is all are included

political socialization - the way we get political culture, the process of learning the values of the culture
agents - out parents, our peers, religious institution, schools, media

liberty comes from liberalism - seems to be at odds with order
liberalism is a system of gradual, peaceful change

equality - people being of the same worth
equality does not include economic equality

things that work against a democracy (barriers to a true democracy)
lack of economic equality
classism - lack of egalitarian society lack of socio-economic equality
discrimination - unfavorable treatment of people
segregation - separation, apartheid, separate development
racism - the belief in the inferiority or superiority of people classified or defined on the basis of race (physical appearance)
miseducation - the wrong kind of education
maleducation - poorly done education
gender discrimination

de jure - by law
de facto - institutional, structural, not lawful but the habits and attitudes that have been established

misedutcation can lead to the lack of confidence, therefore lack of political efficacy

capitalism is part of liberty
can be defined in two ways

"capitalism" comes from "capital"
capital - part of the wealth used for production
anything that has value that you can use for production can be called capital
capitalism is an economic system that uses production for their wealth
(wealth-relating resources)
usecapital for the produciton of more wealth
economic system that emphasizes production and distribution on a private and competitive basis for profit accumulation

sometimes called "free market" "laisse faire" "free enterprise"
adam smith called it "system of natural liberty
carl marx called it "capitialism" critically - capitalism creates inequality and class (good at production but bad at distribution)

eminent domain - govenrment should remain outside the economy but,
should take care of
law and order - administration of justice
defense
infrastructure - foundation of society, includes education

political ideology
ideology coherent fully integrates set of ideas, values and beliefs that people carry in their head that defines their actions

american revolutionaries started with the idea of liberalism
the left-right scale
determining where we are in ideology

ideological spectrum or
left/right scale
right and left came from the french revolution
a lot of the words and thoughts came from teh french system
people on the left of the president wanted to move away from authoritarian govenrment
those who sat on teh right wanted to preserve the status quo

definition of property (from john locke)
free goods of nature + labor
when you come into the world, you have nothing
when you mix your labor with it, you exclude others from ownership

initially called a neo-liberal, as our early view of liberalism has not fulfilled itself
neo-liberalism started in teh 1880s 1890s, then in the time of president wilson, 1900s, it became progressivism, or populist
the populist became involved to redistribute the wealth of the american people
the american dream must be extended to everyone
classical liberalism believes that as little government should be involved as possible, wheras the neo-libs beleive that teh government should be used to improve life through social experimentation

you have politcal liberalism and economic liberalism
without an understanding economics, you cannot understand the ideas of property as liberty

adam smith, in his "wealth of nations" says
the system of natural liberty - little government intervention in the economy
the role of government - law and order, administration of justice, defense and infrastructure; education
did not bring equality: problems faced were inequality in wealth and power, almost back to the feudal system
some started rationalizing, giving justification; some people are lazy, and we must adapt the idea of natural selection to our economy, i.e. survival of the fittest

the period of society that lead to the change, after populism failed
in the stock market crash of 1929, and the 30's great depression, FDR called for government organization and experimentation
john maynard kaynes genreal theory - kayneism

to solve the problem, the governemnt needed to become involved

in order to stimulate the economy, we need more dollars in the system
we can cut taxes, borrow from the rich or print money

this money will be given to the demand side

then the consumers will go and buy things
because they have jobs and are buying, new jobs are available
jobs mean spending and banking, banks were regulated and insure

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