09CivilRights_bw_

09CivilRights_bw_ - American Government Lecture 9 Civil...

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American Government Lecture 9 - Civil Rights
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Announcements Exam I is on Thursday Questions? See me after class Email me Use chat room on Sakai
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Seventh Amendment “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law” Juries are available for civil cases over $20 Decisions by juries are final Selectively Unincorporated
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Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted Death Penalty Due process concerns Blacks receive death penalty more than whites Men receive death penalty more than women Poor receive death penalty more than wealthy “Qualitatively different from other sentences” Time in prison can not be equated with death Different kind of punishment, not just a more severe form Can not be appealed or corrected once carried out Mistakes are final
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Death Penalty Requirements Bifurcated Trials Prosecutor must declare intent to ask for death penalty at beginning of trial First trial determines guilt Second trial determines sentence Followed by mandatory appeals and review Painless execution Various methods Electrocution Firing Squad Hanging Gas Chamber Lethal Injection
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Ninth Amendment “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people” Just because a right isn’t mentioned in the Constitution or Bill of Rights, that doesn’t mean that it doesn’t exist
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Tenth Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” If a power isn’t specified in the Constitution, and Congress can’t assume it under the “necessary and proper” clause, its goes to the states or the people
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Right to Privacy Freedom to be left alone (As long as you are not harming anyone) Not explicitly in Constitution Found “between the lines” A mixture of amendments I, III, IV, V, IX Most loudly contested liberty today Two main areas: Sexual rights – Birth control – Abortion – Homosexuality Life and Death Right to Die
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Civil Rights The opposite of a liberty Liberty is a restriction of government action Right is requirement for government action To protect a minority – Democracy = Majority Rule American Democracy = “Majority Rule, but Minority Rights” – Protects minorities from being abused by majorities To correct a wrongful action When one group is systematically harmed over a period of time, eliminating the cause of harm does not create equality Tend to expand over time
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This note was uploaded on 02/20/2012 for the course 790 104 taught by Professor Staff during the Winter '08 term at Rutgers.

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09CivilRights_bw_ - American Government Lecture 9 Civil...

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