lawso 173

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checks and balances: making sure one branch doesn't have too much power
separation of powers: each branch has different powers that are limited. many of these powers are in place to check and balance the other branches
judicial review: look at laws to determine whether an issue is constitutional. left to the courts
counter majoritarian dilemma: go against majority desires. unelected judiciary that has power over legislation. overturning will of people
voting: vote is first step in democracy. U.S. is model for representative democracy
reconstruction: 1870. post civil war. with new laws being made to help minorities and freed slaves
disenfranchisment: attempts to limit voting for certain citizens
gerrymandering: redrawing district lines to favor incumbent party. drawin initially in racial lines so tha twhites would always dominate
poll tax: had to pay to vote. most blacks couldn't afford
grandfather clauses: could only vote if your grandfather voted. excluded entire lineages from voting.
white primary: only whites can vote in primaries, so black candidates would have no chance
literacy tests: can't vote if can't read, however it was previously illegal to teach blacks to read.
voting rights act: 1965. allowed federal government to intrude into states to register citizens and run elections. expires in 2007
federalism: relationship between national government and state government
bush v. gore: 2000. popular vote went to Gore, Bush won electoral vote. supreme court declares recount to be unconstitutional in equal protection clause
negative right: what government cannot do to you
positive right: soemthing the government must do for you. health care, education. europe and canada more than us.
free exercise clause: "make no law prohibiting exercise of religion". cannot forbid belief. tention between two laws, congress prohibits. prisoners do not have rights to free exercise.
establishment clause: 'make no law respecting establishment of religion'. can't favor or support any religion.
secular/non-secular: secular- not supporting any religion. country founded on escape of religious persecution, so a non-secular gov would be hypocritical
theocracy: rulers are religious clerics in a religious state. iran.
civil religion: folk religion of national tendency. government takes on religious appearance. our bible- consitution
axis mundi: power points on the earth that are inherently sacred where religions are centered. jay smith believes that they are only social constructions
rituals: judges (priest) swearing on bible. 12 jurors (apostles), using constitution (bible), flags at half mast, war victims= martyrs. god on money.
manifest destiny: we are special, 'gift to world is freedom', white man's burden.
public protestantism: america is a protestant country and protestantism is de facto religion of america. our president is probably the most openly religious president in history.
violations of establishment clause: any humanitarian aid we fund cannot use money for abortion or contraception. 1.2 billion for faith based organizations from Bush, he says it is going to social services. 10 commandments displayed at Texas courthouse. gay marraige issue.
utilitarianism: greatest good for greatest number of people
avoidance of harm principle: allowed to behave in whichever manner you wish, but others have the right to not be harmed. therefore, freedom of speech can be infringed.
free speach clause: integral to so many of our other freedoms. named in first amendment.
incitment or subversive advocacy: can't cause others to rebel against government
Brandenburg v. Ohio: 1969. KKK member goes on TV advocating his ideology. Supreme Court says this is protected in 1st amendment. fails two part test.
two part test: advocacy is directed at producing illegal action or it is likely that it will.
fighting words: will my speach cause you to revolt against me
Cohen v. CA: 1971. Cohen is in court during draft wearing jacket saying 'fuck the draft'. SC asks if it will provoke violent action against him. decides that no captive audience that needs protection. overturned disturbing peace conviction.
slander: say something false about them publicly, basically defamation.
libel: when publish something false about someone. famous people have less protection if it is in good faith.
Hustler v. Falwell: 1988. Falwell is a minister. Commercial about 'first time'. hustler parodies falwell's first time with mother in outhouse. falwell claims libel in lower courts who claim it is clear parody. SC- falwell sues for Intentional Infliction of Emotional Distress. Supreme Court holds that Falwell cannot sue in a unanimous decision
obsenity: mostly pornography is limited
Miller v. CA: 1973. Miller distributed mass mail cataloges for adult books picturing nudity. decided 5-4 against Miller. 1. must be offensive to community standards. 2. offensive to local obsenity laws. 3. lacks serious value. not protected if all three.
FCC v. Pacifica: 1978. radio broadcast during daytime. Carlin does '7 dirty words' bit. FCC shuts him down. Supreme Court decides 5-4 that FCC has right to authorize certain hours for such broadcasts
National Socialist Party v. Skokie: 1977. Nazi party wants to march with a swastika through a jewish neighborhood. decided that it was permissable because it wasn't a direct action.
VA v. Black: 2002. states can outlaw cross burnings because it is a symbol of intimidation. clarence thomas 'terror involved in cross burning' instant you enter someone's house, they have protected rights.
quickening: when a baby first moves inside the mother (usually in 4th or 5th month). also when abortion is illegal according to early law.
Griswold v. Connecticut: 1965. planned parenthood giving out birth control to married couples. supreme court allows under right to privacy (penumbra of rights in 1,4,514)
Roe v. Wade: 1973. texas law: women can only have abortion if health of mother is in jeopardy. SC court agrees with Griswold ruling. majority finds in 14th amendment not absolute right. after 1st trimester, state interest is involved.
procedural due process: right to proper procedure
substantive due process: right to your body
planned parenthood v. casey (1992): several of pennsylvania's abortion laws were challenged. thought to overturn Roe v. Wade because of Bush and Reagan's appointees. Penn makes requrements for women, but 6-3 decision in favor of PP.
undue burden test: requrements cannot place an undue burden on women. 24 hour period, parental notification.
paternalism: state seems to act as a guardian to women and not men. offends feminists because women treated as property.
rape shield law: protects women who take attacker to court. before woman was on trial. can't bring any past sexual history up against women.
1. humiliation
2. unrelated facts
3. jury on relevance
4. fear of coming forward
US v. Virginia: 1966. virginia set up similar school to VMI, but supreme court rules that it is unconstitutional, and strikes down VMI program, essentially saying women are same as men.
Michael M. Case: 1981. statutory rape case. 'illegal for male to have sex with a female under age of 18'. both are 17, male brought up on statutory rape charges, says unconstitutional because it is not equally applied to genders. court decides law is constutional because of difference paradigm. 'female deals with sex in a drastically different way, so they need more state protection'
MacKinnon: doesn't think gender matters, problem is idea of 'manness'. wants to look at women on own terms
fem positions on pornography: 1. expression of male culture where women are commodified and exploited. 2. porn may not be great, but free speech must be upheld. 3. good for women, benefits.
prostitution: contracting for sex. illegal in US except for nevada.
war on drugs: zero tolerance for any illegal drug use via: mandatory minimums, etc.
mandatory minimums: caught with a certain drug, there is a minimum sentence
narco terrorism: 'if you smoke pot, you are responsible for the twin towers'
racialization: idea of certian drugs are for specific people. coke sentence v. crack sentence is 100:1. congress says crack is more dangerous. while 2/3 of crack users are white/hispanic, 98% of incarcerated are black.
washington v. davis: 1976. recruit officers in DC. black officers were failing test at a rate of 4:1. test found to evaluate victorian english. supreme court says descriminatory effect must be shown to have discriminatory intent.
Kennedy opinion on crack laws: not a racist law because crack is worse than cocaine. it should be this way or it would be a violation of equal protection.
hemp: used for rope, various clothing. stronger than cotton. male plant legal.
cannabis: two plants, outlawed female plant because of "THC"
Federal Bureau of Narcotics: 1930. first drug czar is appointed, Harry Anslinger. many of our current ideas about drugs come from his misconceptions and beliefs.
La Guardia Commission: mayor of new york commissions group to determine if Anslingers ideas are true. they find that he has no foundations to his claims.
NORML: national organization for the rationalization of marijuana legislation. organizes in communities, 'crim doesn't fit punishment' in fact, punishment is worse.
Oregon Decriminalization Bill: 1973. decriminalized for personal use. after 4 years, no increase in use. 10 states follow suit. Carter speaks out for decriminalization, but nothing significant happens.
decriminalization: not legal, but not enforced laws. claimed to be controlled better w/o illegalization. chose not to enforce.
Gonzalez v. Reich: 2005. CA voters pass law if marijuana is legal if medicinal, however, federal law still makes it illegal. elderly woman growing marijuana in backyard with many physical ailments. ruled against Reigh because of commerce clause 6-3.
medicinal marijuana: seen to benefit users from glaucoma, appetite problems, pain
scientifico legal complex: responsibility to punish is shared with correctional facilities, judges, juries, psychiatrists, etc. industry based on science and remains in a legal sphere
penitentiary: rehabilitation of soul. based on reflection and repentance. financially not very feasable. overcrowding- problem
overincarceration: $ problems mean 2 or 3 to a cell, so no longer able to accurately repent and reflect. 5 purposes to prisons: 1. rehabilitation, 2. retribution, 3. deterence, 4. discipline, 5. detention. only real function today is detention.
prison industrial complex: angela davis idea. corporate interests in prisons results in huge lobbying force. now run for sake of profit. prisons only make money when they are full.

-clinton era, prison population doubled
neo-slavery: black men working in prisons for next to nothing for corporate america
13th amendment: slavery can be used for punishment. as written in constitution.
leased convicts: prisoners working for free. rent out chain gangs for purposes of labor. half of prisoners die. violated 13th amendment.
eugenics: get rid of criminal through eugenics.
terrorist/freedom fighters: idea of relative and subjective views regarding terrorism and the position of the actor in relation to politics and world view. "freedom" is being used by both sides in Iraq war.
terrorist situational transfer: when globalization is battling itself we have terror v. terror. only way you can defeat 'evil' is to be rid of 'good'.
symbolic violence: attacks on meaningful structures in a country. ex. world trade center (economic), pentagon (military), capitol (political)
cosmic war: "terror in the mind of god". understanding relationship between religion/violence. localized grievance becomes global issue. becomes a lot easier to kill when the grand scheme of things is viewed.
teleology: "end game". what is the purpose? christians- heaven or hell. marxist- abolition of personal property.
apocalypse: end of world. when god will come down and save the christians. christian right supports states of israel so apocalypse can happen.
theatre of terror: making a grand point on a large theatrical scale to gather the most attention
theology/religious studies: theology school- only learn about a single tradition. religious studies- more comperative, more critical, social effect, culture
hierophany: divine and earth meet. religious experience is an authentic experience that is part of the diving
mysterium tremendum: fear and trembling when someone has a religious moment. humbling. finally realize there is a greater power. almost resulting in a 'surrender'. coined by otto.
5%: off shoot of nation of islam. uses elements of Islam and Egyptian numerology. 85% of people. 10% manipulate truth. 5% use truth for good.
jihad: religous war. really an internal battle- killing demons within yourself.
indefinite detainment: violation of habeas corpus, etc...
habeas corpus: right to be taken in front of a judge and formally charged. violated in Guantanomo Bay.
ex parte milligan (1866): dissidents in North to civil placed in jail by lincoln, sent to military tribunal and sentenced to death. challenged is right of habeas corpus to supreme court. supreme cout decides that it is was a violation. however, it is decided after the war.
korematsu v. US (1944): FDR interns Japanese during WWII under executive order. challenges constitutionality of internment. supreme court says that because it is during wartime, it is constitutional. considered one of worst decisions.
william rehnquist: says role of courts during war time is to back off. 1. wartime necessity for military. 2. ok to detain japanese and not german, russians because japanese culture is different
kohl: patriot act violate 4,5,6 amendments.
hamdi v. rumsfeld: congress passes law that allows for anyone who is a suspected terrorist to be picked up. hamdi, an american arrested in afghanistan and is accused of working with taliban. declared an enemy combatant. detained without habeas corpus, etc.
orientalism: view a certain group as 'the other' constructs people from the middle east as outsiders.
dreaded comparison: comparing animals to slaves.
specism/racism: belief that certain species are better than others. like racism.
jainism: predicated on notion of non violence, can't eat animals, or plants that have roots.
vivesection: animal experimentation, 100 million animals die due to experimentation every year, billions go to subsidizing this research
tuskegee syphillis experiment: syphillis given to black sharecroppers, gov't observed and experimented on them. formal apology by clinton.

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