Palm Beach State College!
Course Syllabus – Introduction to American Government
General Class and Course Information!
"
Course Number: "
Course Title: "
Intro to American Government
POS 1041 Term/Dates: "
Reference Number: Credit Hours:
Clock Hours: "
Aug 23-Dec 17th
216746
3
48
Days!
Time: "
Room: "
Thursday
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
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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 questions. 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 effective and is it still on the
books today? DO NOT WAIT FOR THE LAST MINUTE!!! Your 2000 word paper will be written in APA style.
It will have an APA style title page, and abstract on page 2 and sections in the body of the paper titled
“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 shooting 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 citations).
"
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Professor’s Information!
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Name: "
Phillip C. Mancusi M.A.
Telephone: "
561-248-3228
Faculty Web Page: "
http://www.palmbeachstate.edu/faculty/
index.asp?id=mancusip
Office Location: "
SS-106 Email: "
[email protected]
Office Hours: "
1/2 hour before class in SS-106 "
Information on REQUIRED Textbooks:
Title
Edition
Author
Publisher
ISBN
INTRODUCTION TO AMERICAN
GOVERNMENT"
"
"
2014
O’Connor, Sabato
Elections and Yanus
and
Updates
Edition
12/e
Pearson
Longman
ISBN: 9780133951257
(access card only) OR
9780134138473
(access card with looseleaf printed book).
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Palm Beach State College!
Course Syllabus – Introduction to American Government
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Supplementary Books/Materials
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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"
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Class Information!
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.
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Assigned Readings - The dates provided are class (lecture) dates that the assigned chapter(s) need
to be read by.
8/25 Intro & Chapter 1
9/1 Chapter 2 9/8 Chapter 3 (assignment 1 due)
9/15 Chapter 4 Constitution Quiz
9/22 Chapter 5 (assignment 2 due)
9/29 Chapter 6
10/6 Chapter 7
10/13
MIDTERM
10/20
Chapter 8 & 9
10/27
Chapter 10 (assignment 3 due)
11/3 Chapter 11 & 15 Supreme Court Case Quiz
11/10
Chapter 12 & 13 (assignment 4 due)
11/17
Chapter 14 (Term Paper Due) 12/1 Chapter 16 & 17
12/8 Chapter 18
12/15
FINAL EXAM!
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Palm Beach State College!
Course Syllabus – Introduction to American Government
Academic Dishonesty Policy and Penalty for Violation: !
Will absolutely NOT be tolerated. Any papers turned in from a previous semester, or cheating 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:!
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Writing Assignments and Due Dates
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1) DUE Sept 8th...to be determined
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2) DUE Sept 22nd...to be determined
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3) DUE Oct 22nd...to be determined"
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4) DUE Nov 10th...to be determined"
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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 time (6pm on the dates due) to receive any
credit. A portion of your grade will be based on 4 short written assignments. Each assignment MUST be 700
words to receive full credit and must be typed. Originality reports for writing 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."
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Quizzes and Exams – All in-class tests and quizzes will be timed and will begin ** PROMPTLY at
6:30 ** Weekly online quizzes are due by 6pm the day of class. Chapter 1 and 2 online quizzes are
due by 6pm the second week of class. Both exam and in-class 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 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.!
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Grading:!
"
Grades will be based on 4 assignments, 2 exams and 2 class quizzes and 18 online chapter quizzes and 1
term paper. "
Chapter Quizzes 1st half
Worth 100 points"
Chapter Quizzes 2nd half
Worth 150 points"
Constitution/Law Quizzes
"
Each (2) worth 50 points totaling 100 points"
Assignments" "
"
"
Each (4) worth 25 points totaling 100 points"
Midterm
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"
Worth 100 points"
Final Exam ""
"
"
Worth 100 points"
Term Paper" "
"
Worth 100 points"
675-750 =A, 600-674 =B, 525-599 =C, 450-524 =D, 449 points or less = F "
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Palm Beach State College!
Course Syllabus – Introduction to American Government
All assignments, quizzes and exams are handed back graded and grade distribution is listed above. Use the
form at the end of your syllabus to track your grade throughout the semester."
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Class Policies !
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Attendance: Professors are required to take attendance - 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. !
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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. "
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Withdrawal Policy:!
Students that fail to meet attendance or academic honesty requirements are required to withdraw themselves.
Students who did not withdraw themselves will receive an “F” for the semester."
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College Policies and Web Information!
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Academic Dishonesty!
Academic dishonesty includes the following actions, as well as other similar conduct aimed at making false
representation with respect to the student's academic performance: "
(1) Cheating on an exam, (2) Collaborating with others on work to be presented, if contrary to the stated rules
of the course,"
(3) Submitting, if contrary to the rules of the course, work previously submitted in another course, (4)
Knowingly and intentionally assisting another student in any of the above actions, including assistance in an
arrangement whereby work, classroom performance, examination, or other activity is submitted or performed
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Palm Beach State College!
Course Syllabus – Introduction to American Government
by a person other that the student under whose name the work is submitted or performed, (5) Plagiarism.
Please refer to the Palm Beach State College Student Handbook (www.palmbeachstate.edu/current for link
to the student handbook). "
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Classroom Etiquette and Student Behavior Guidelines!
Students will demonstrate respect for professors and fellow students. Behavior that is disruptive to a positive
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 satisfaction of the professor, demonstrate a fundamental understanding of basic
computer operations through various professor-determined exercises and/or assignments. "
Disability Support Services!
Students with disabilities are advised, in compliance with federal and state laws, that accommodations 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 documentation prior to receiving
services. Please see the website at www.palmbeachstate.edu/current for web address for Disability Support
Services. "
Eating, Drinking and Smoking!
Eating and drinking are confined to areas designated on the campus. Smoking is not permitted in any College
building and only in areas designated at each campus."
Final Course Grade Appeal
The evaluation 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 writing. If this policy
changes during the term, students should be notified of any changes in writing. 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 question about a final course grade, please follow the procedures as outlined in the student handbook:
www.palmbeachstate.edu/current. "
"
Mid-Term Grade Reporting
Within one week after the close of the mid-term grading period, mid-term grades will be made available to all
students for each class by either written notification or individual conference."
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Student Responsibility Policy"
When a student attends the College, s/he becomes subject to its jurisdiction. 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 regulations 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 publications. The student will be
responsible for preparing for class, participating in class, and completing assignments on time."
"
Palm Beach State Websites of Interest !
Please see this web page (www.palmbeachstate.edu/current) for a list of web addresses for students."
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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 (Nov 4th). It is the responsibility of the student to use the PantherWeb system or visit a campus
Registrar’s office to withdraw. An official withdrawal entitles the student to a grade of "W" in the class."
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Palm Beach State College!
Course Syllabus – Introduction to American Government
Quiz 1. You will need to recreate this list on a blank sheet of paper."
U.S. Constitution and Amendments"
"
Articles"
I.
Legislative Branch"
II."
Executive Branch" "
III."
Judicial Branch"
IV."
Relation of the States to each other"
V."
Amending the Constitution"
VI." Legal status of the constitution"
Ratifying the Constitution "
VII.
"
Amendments"
Freedoms of speech, press, religion & rights to assemble and petition the "
I.
government"
II."
Bear Arms"
III."
Quartering of Soldiers"
IV."
Search and arrest warrants"
V."
Due process rights (grand juries, double jeopardy, self incrimination)"
VI." Rights in criminal trials"
VII." Rights in civil cases"
VIII." Rights against excessive bails, fines and punishments"
IX." Non-Enumerated rights of citizens"
X."
Rights retained by people & states"
XI." Lawsuits against states"
XII." Election of Pres and V.P."
XIII." Abolition of slavery"
XIV." Civil Rights (due process)"
XV." Black suffrage"
XVI." Income taxes"
XVII." Direct election of Senators"
XVIII." Prohibition of liquor"
XIX." Woman’s suffrage"
XX." President & Congressional terms"
XXI." Repeal of prohibition"
XXII." Presidential term limits"
XXIII." D.C. suffrage"
XXIV." Poll taxes"
XXV." Presidential disability and succession"
XXVI." Suffrage for 18yr olds"
XXVII. Congressional Salaries"
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Palm Beach State College!
Course Syllabus – Introduction to American Government
U.S. Constitution and Amendments practice quiz "
Print this out, make multiple copies and practice"
"
Articles"
I.
"
II."
"
III."
"
IV."
"
V."
"
VI." "
VII." "
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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. "
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Palm Beach State College!
Course Syllabus – Introduction to American Government
Quiz # 2 Matching the Supreme Court Cases with their description."
Use the descriptions 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 Unconstitutional, to the extent it purports to enlarge the original jurisdiction of the
Supreme Court. C.J. John Marshall. Martin v Hunter’s Lessee (1816) – Article Three of the U.S. Constitution
grants Dthe U.S. Supreme Court jurisdiction and authority over state courts on matters involving federal law.
C.J. John Marshall, Maj. Opinion written by Joseph Story. "
"
McCulloch v Maryland (1819)– Although the Constitution 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 operations of the government in the collection 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 operation 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 navigation was granted to Congress by the Commerce Clause of the Constitution. "A
Congressional power to regulate navigation 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
regulation 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 Fifth Amendment's requirement,
specifically the Fifth Amendment's guarantee that government takings of private property for public use require
just compensation, are restrictions on the federal government alone for just compensation 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 citizens and the plaintiff therefore lacked the capacity to file a lawsuit. Furthermore, the parts of
the Missouri Compromise creating free territories were unconstitutional 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 jurisdiction. C.J. Roger B. Taney"
"
Plessy v Ferguson (1896) – Plessey 1/8th black, purchased a first-class ticket on East Louisiana Railway.
He appeared white, but told conductor of his heritage. Blacks could only purchase 3rd class tickets. 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 violation of the Fourteenth Amendment, held rather that the law merely
separated the races as a matter of social policy. The "separate but equal" provision of public accommodations
by state governments is constitutional under the Equal Protection Clause. C.J. Melville Fuller."
"
Muller v Oregon (1908) – Curt Muller, the owner of a laundry, was convicted of violating 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
constitutionality of the labor law and affirmed his conviction. It was a landmark decision in United States
Supreme Court history, as it relates to both sex discrimination and labor laws. The case upheld Oregon’s
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Palm Beach State College!
Course Syllabus – Introduction to American Government
restrictions on the working hours of women as justified by the special state interest in protecting women's
health. C.J. Melville Fuller"
"
Weeks v U.S. (1914) – The warrantless seizure of documents from a private home violated the Fourth
Amendment prohibition against unreasonable searches and seizures, and evidence obtained in this manner is
excluded from use in federal criminal prosecutions. C.J. Edward Douglas White."
"
Schenck v U.S. (1919) – The Clear and Present danger test, established here, considers both the context of
speech (distinguished between wartime and peacetime speech) and the intent of the person who presents it, in
this case Socialist Party General Secretary Schenck’s anti-draft leaflets. The leaflets stated the draft was in
violation of the 13th Amendment’s protection against “involuntary servitude.” For the court, Holmes stated, “the
question 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 substantive 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 advocating the
violent overthrow of the government through the dissemination of Communist pamphlets. The case partially
reversed Barron v Baltimore (1833). C.J. William Howard Taft"
"
Near v Minnesota (1931)– A Minnesota law that imposed permanent injunctions against the publication 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
organization communist in ideology. Stromberg and other staff members were arrested for violating a
California ordinance (California Red Flag Law) banning public use or display of a red flag. Supreme Court
found the law unconstitutional because it violated the liberties protected by the 14th Amendment…to include a
protection 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 Connecticut 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 Fifth Amendment protection against double
jeopardy applied to state governments through the Due Process Clause of the Fourteenth Amendment. The
Court eventually reversed course and incorporated the protection 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 transporting an unlicensed sawed-off shotgun ("having a
barrel less than 18 inches in length") across state lines while engaged in interstate commerce, in violation of
the National Firearms Act (NFA). Defendant's argument at trial court was as follows: The NFA is not a revenue
measure but an attempt to usurp police power reserved to the States, and is therefore unconstitutional. Also, it
offends the inhibition of the 2nd Amendment. The Court decided that The NFA - as applied to transporting 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 written order for it - was not unconstitutional as an
invasion of the reserved powers of the States and did not violate the Second Amendment of the United States
Constitution. C.J. Charles Evans Hughes."
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Palm Beach State College!
Course Syllabus – Introduction to American Government
Chaplinsky v New Hampshire (1942) – Justice Frank Murphy created a two-tier theory which states
certain “well-defined” and “narrowly-limited” categories of speech fall outside the bounds of constitutional
protection (lewd, profane, obscene, libelous and now fighting words). A criminal conviction for causing a
breach of the peace through the use of "fighting words" does not violate the Free Speech guarantee of the First
Amendment. C.J. Harlan Fiske Stone"
"
Brown v Board of Education (1954) – Segregation of students in public schools violates the Equal
Protection Clause of the Fourteenth Amendment, because separate facilities 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 advertising and
selling a publication 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) - After Brown v. Board of Education, the school district of Little Rock, Arkansas
formed a plan to desegregate its schools. Meanwhile, other school districts in the state opposed the Supreme
Court's rulings and attempted to find ways to continue segregation. The Arkansas state legislature amended
the state constitution to oppose desegregation. The school board of Little Rock continued with the
desegregation program anyway. On February 20, 1958, five months after the integration crisis involving the
Little 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 desegregation. "
"
In an opinion signed by every justice, the Court noted that the school board had acted in good faith, and that
most of the problems stemmed from the official opposition of the Arkansas state government to racial
integration in both word and deed. Nonetheless, it was constitutionally impermissible under the Equal
Protection 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 Article VI made the U.S. Constitution 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 Education is the supreme law of the land, and is
therefore binding on all the states, regardless of any state laws contradicting it. C.J. Earl Warren."
"
Mapp v Ohio (1961) - The Fourth Amendment prohibition against unreasonable searches and seizures, as
applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in
criminal prosecutions. 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 (Betts 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
defamation and libel. C.J. Earl Warren."
"
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Palm Beach State College!
Course Syllabus – Introduction to American Government
Escobedo v Illinois (1964) – Escobedo was implicated in the shooting of his brother-in-law. He asked for
an Attorney and, once one got to his holding location, was not allowed to speak to him. Escobedo was allowed
to confront the man who implicated him in custody and wound up implicating himself as an accessory to the
crime. Court found that where a police investigation begins to focus on a particular suspect. The court for the
first time spoke of "an absolute right to remain silent." Escobedo had not been adequately informed of his
constitutional right to remain silent rather than to be forced to incriminate himself. C.J. Earl Warren. "
"
Griswold v Connecticut (1965) – Although the Bill of Rights does not explicitly mention "privacy", Justice
William O. Douglas (writing for the majority) ruled that the right was to be found in the "penumbras" of other
constitutional protections. Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth
Amendment to defend the Supreme Court's ruling. Justice 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. Justice
Byron White also wrote a concurrence based on the due process clause. Court found that the Connecticut law
criminalizing the use of contraceptives violated the right to marital privacy. C.J. Earl Warren. "
"
Miranda v Arizona (1966) – The 5th Amendment privilege against self-incrimination (A.5. 3 - that no person
shall be held to testify 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 attorney (referring to the 6th
Amendment). The courts opinion looks similar to the text of the “Miranda Rights” as read someone getting
arrested…”The person in custody must, prior to interrogation, 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 interrogation, and that, if he is
indigent, a lawyer will be appointed to represent him.” Miranda’s original conviction was overturned and he was
later retried and convicted. C.J. Earl Warren."
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Brenton v Maryland (1969) - the Supreme Court found that the Fifth Amendment protection against
double jeopardy is enforceable against the states through the Fourteenth Amendment. C.J. Warren E. Burger."
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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 action ONLY if “such advocacy is directed to incite or produce
imminent lawless action and is likely to incite or produce such action.” C.J. Warren E. Burger."
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New York Times v United States (1971) – “Pentagon Papers” NY times started printing a series of
classified US documents. A temp. restraining order was granted, but not a permanent injunction. Eventually
the Supreme Court ruled even the temp. restraining order was in violation 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."
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Roe v Wade (1973) – was a U.S. Supreme Court case that resulted in a landmark judicial opinion about
privacy and abortion in the United States. According to the Roe decision, most laws against abortion violated a
constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. The decision
overturned all state and federal laws outlawing or restricting abortion that were inconsistent with its holdings.
Roe is one of the most controversial and politically significant cases in U.S. Supreme Court history. The central
holding of Roe v. Wade was that abortions are permissible for any reason a woman chooses, up until the "point
at which the fetus becomes ‘viable,’ that is, potentially able to live outside the mother's womb, albeit with
artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24
weeks." The Court also held that abortion after 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 permitting abortions only after rape, fetal deformities or injury/death to the mother), was decided
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Palm Beach State College!
Course Syllabus – Introduction to American Government
the same day as Roe. Court found in Roe, the Texas law making it a crime to assist a woman to get an
abortion violated her due process rights. C.J. Warren E. Burger."
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U.S. v Nixon (1974) – The Supreme Court does have the final voice in determining constitutional questions;
no person, not even the President of the United States, is completely above law; and the president cannot use
executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial. C.J.
Warren E Burger. "
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Webster v Reproductive Health Services (1989) – The Court approved a Missouri law that imposed
restrictions on the use of state funds, facilities and employees in performing, assisting with, or counseling on
abortions. 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."
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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 constitutionally unacceptable protecting symbolic hate speech under the 1st
Amendment. C.J. William H. Rehnquist. "
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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 activity that has a substantial effect on interstate
commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any
sort of economic activity. C.J. William Rehnquist."
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Lawrence v Texas (2003) – A Texas law prohibiting homosexual sodomy violated the privacy and liberty of
adults, under the Due Process Clause of the Fourteenth Amendment, to engage in private intimate conduct.
C.J. William Rehnquist "
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Palm Beach State College!
Course Syllabus – Introduction 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"
Online quizzes ________ out of 100"
Midterm"
________" out of 100 "
Total Points________ / 300 = ________ Your midterm grade _____"
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To figure out your midterm grade add up your points and divide by 200… this will give you a percentage score. "
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Assignment"
Course Grade" "
Date Due" "
#1"
"
________" out of 25"
__________""
#2"
"
________" out of 25"
__________""
#3"
"
________" out of 25"
__________""
#4"
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________" out of 25"
__________""
Quiz #1"
________" out of 50"
__________""
Quiz #2"
________" out of 50
__________"
Online quiz total ________ out of 250"
Midterm Exam ________" out of 100
__________ "
Final Exam"
________ out of 100
__________"
Term Paper
________ out of 100"
__________""
"
Total Points________ / 750 = ________ Your grade _____"
Completed (Y/N)"
______________"
______________"
______________"
______________"
______________"
______________"
______________"
______________"
______________"
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To figure out your overall grade for the course, add up all of your points and divide by 750. This will give you
your overall percentage score for the semester."
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Department Contact Information!
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Name: "
Dr. Victor Aikhionbare
Telephone: "
561-868-3336
Job Title: "
Social Science Dept Chair
Office Location: "
SS-209
Email: "
[email protected]
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Template Date - July 2013"
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