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Regents Review Unit 1 – Colonies, American Revolution, Articles of Confederation GEOGRAPHY: Types of maps: Physical Map: shows rivers, lakes, mountains (land features) Demographic Map: shows population levels (census map) Political Map: shows states, capitals, boundaries of states or countries Topographical Map: shows elevation Great Plains: farmland, grain, mid-west Plantations: (South) Larger farms South had warm climate & good soil. Created a need for slavery Fast moving rivers: (North) Allows development of factories Census: Counting of the people Today people are moving to the south & west but the dense population is in North-east, south California & most colonies along the coast. FUNDAMENTAL TERMINOLOGY: Democracy: Definition: Demo = people; -cracy = rule Other terms that mean the same as "democracy" - Consent of the governed: the power to rule comes from the will of the people - Citizen participation: people run the government - Popular sovereignty: popular = people / majority sovereignty = rule Republican Form of Government: (a.k.a. republic) elected representatives Enlightenment: Enlightenment philosophers: 1) Baron De Montesquieu: (key ideas) 3 branches of government: legislative, executive, judicial Separation of power: each branch has its own powers Checks and Balances: each branch can limit the power of the other branches 2) John Locke: (key ideas) Natural rights: life, liberty, property (freedoms / liberties that people are born with and no government should be able to take away) Consent of the government: power to rule comes from the people Social contract theory: overthrow government if it does not listen to the will of the people Enlightenment Ideas: Influences constitution (Montesquieu) Influences Dec. of Independence (Locke) LIMITED government power Preamble: Introduction. Preamble to the Constitution is the opening sentence. It states the purpose of our government (protect our rights, ensure our safety, creating a democracy) EARLY COLONIAL QUESTIONS: Mayflower Compact: No one above the law Example of self-government or democracy in the colonies House of Burgesses: A representative form of government in the colonies Example of self-government or democracy in the colonies Albany Plan of Union: Attempt to unify the colonies (failed) Salutary neglect: (positive) England left colonies alone Colonies created own government and trading practices. Mercantilism: (negative) Restricted trade practice Colonies are forced to provide raw materials to mother country Colonies were forced to be a market for mother country's goods Colonies NOT allowed to trade with other countries Colonies have no factories (not allowed to) Colonial responses to Mercantilism: - Boston Tea Party - Committees of Correspondence - Ultimately, it was a cause of American Revolution Colonies: Jamestown, Va. (1607) – first permanent British colony Plymouth, Ma. (1620) – the Pilgrims New Amsterdam (1625) – this was a Dutch colony that became NYC ALL of these colonies, and most of the early colonies, were along the coastline and had access to freshwater. Thomas Paine's Common Sense: Attempted to convince colonists to fight for independence from England Inspired by Enlightenment and listed reasons why to break away. (The reasons to break away are found in the "Causes of American Revolution" below) AMERICAN REVOLUTION: Causes of the American Revolution: 1) King had too much power 2) Oppressive taxes (too high) (Ex. Tea Tax, Stamp Tax,…) 3) Corrupt courts, didn't get fair trial 4) Put troops in our homes 5) Colonists NOT represented in Parliament (hence the slogan, ―no taxation without representation‖) 6) Coercive and Intolerable Acts 7) Mercantilism Declaration of Independence: Written by: Thomas Jefferson Inspired by: Enlightenment (Locke) (includes: consent of the governed, demands that our natural rights be protected, and the social contract theory) Purpose of Declaration of Independence: break away from England Purpose of GOVERNMENT according to the Declaration of Independence: Protect our Natural Rights Does NOT: create a new government Does: lists reasons why we want to breakaway (List of Grievances) (Ex. Natural rights were limited, "no taxation without representation") supports limits on governmental power protects the liberties of individuals Why colonies win American Revolution: Home territory More motivation Assisted by foreign countries (France) ARTICLES OF CONFEDERATION: Articles of Confederation: First permanent government Definition of "confederation": a loose tying together of states States had the most power (Why?: Afraid of creating a new monarchy after just getting rid of England"s king) Weak federal / central / national government (federal, central, & national governments are all the same thing. The words are used interchangeably.) Examples: 1 branch – legislative branch (no executive, no judicial) Federal government can NOT: - create money - create taxes - enforce law - force the states to do anything - regulate trade Greatest Achievement: North West Ordinance – created a plan to add new states to the Union Divided the land into orderly squares, required schools to be created Outlawed slavery in these territories Unit 2 Test Bank – The Constitution CONSTITUTIONAL CONVENTION: Constitutional Convention: Original purpose: to strengthen (change) the Articles of Confederation Turns into: creating a new government that gives more power to the federal government Virginia Plan: Wanted representation in Congress based upon population (becomes the House of Representatives) (Virginia was a big state) New Jersey Plan: Wanted representation in Congress to be equal for each state (becomes the Senate) (New Jersey was a small state) Great Compromise: 1) settles the issue of representation in Congress 2) creates a bi-cameral (2 house) legislature (specifically Senate and House of Representatives) 3) combines the Virginia Plan and the New Jersey Plan (The Great Compromise is also known as the Connecticut Compromise) Census: adding up of all the people in US, happens every 10 years Why?: affects representation levels in the House of Representatives The census does NOT affect the Senate (2 for every state no matter what) Reapportionment: Distributing the seats in the House of Representatives to the states after a census (Ex. In 2000, NYS received 2 less seats in the House after the census) Redistricting: Drawing the new district lines within a state after reapportionment occurs Gerrymandering: Redistricting (redrawing of new district lines) to specifically benefit one party. Three-Fifths Compromise: All slaves would be counted as 3/5ths of a person in the census. Why?: Southern states wanted more people to be counted so they would have more power in the House of Representatives The Constitution is a "bundle of compromises": This means that the Constitution is made of many compromises like the Great Compromise, 3/5ths Compromise, Commerce Compromise, Presidential Compromise, and the Slave Compromise. Preamble: the introduction to the Constitution What it does: states the purpose of our government Examples: protect our natural rights, defend our nation, power to rule comes from the people (―people are sovereign‖) CONSTITUTIONAL PRINCIPLES: Separation of Powers: Definition: Each branch is given its own specific powers (Ex. Congress makes laws, President is Commander in Chief) US government has 3 branches (Legislative, Executive, Judicial) Purpose: Too keep one branch from becoming too strong, limit the power of the government Origin: Enlightenment (Baron de Montesquieu) Checks and balances: Definition: One branch limits the power of another branch (Ex. President makes treaties, Senate must approve treaties) Purpose: Too keep one branch from becoming too strong, limit the power of the government Origin: Enlightenment (Baron de Montesquieu) Key to multiple choice question: look for one branch doing something to another branch. Flexibility: the Constitution is able to change with the times Three ways our Constitution is flexible: 1) Amendment process: formal changes to the Constitution (27 of them) 2) Elastic Clause: ―Congress can create any law that is necessary and proper‖ Found in Article 1, Section 8, Clause 18 of the Constitution Example of an implied power 3) Judicial Review: created in the decision to Marbury v. Madison Created by: John Marshall Definition: a power that allows the Supreme Court to determine the constitutionality of a law Federalism: (federal form of government) the division of power across different levels (Federal, State, and Local) This is why the Constitution has: Delegated Powers: powers given directly to the federal government Ex: Make treaties, declare war, coin money Reserved Powers: powers given directly to the state governments Ex. Education, divorce law, drivers licenses Concurrent Powers: powers shared by both levels of government Ex. Taxes, borrow money, make roads Key to multiple choice question: look for one level of government doing some for / to another level of government (Ex. Senate helping a governor) Popular sovereignty: Definition: power of the government comes from the people Other terms that mean the same thing: democracy, consent of the governed Example: The Kansas-Nebraska Act allowed for popular sovereignty – it allowed the people to decide whether they would have slavery in those two territories) Limited Government: The government can not do everything that it wants. The Bill of Rights, the Declaration of Independence, and the system of Checks and Balances all limit the power of the government. Limited Government is a major idea from the Enlightenment. CONSTITUTIONAL POWERS: Delegated Powers: powers given directly to the federal government Ex: Make treaties, declare war, coin money Reserved Powers: powers given directly to the state governments Ex. Education, divorce law, drivers licenses Concurrent Powers: powers shared by both levels of government Ex. Taxes, borrow money, make roads Implied Powers: Powers that are not specifically stated in the Constitution. Allows Constitution to be flexible. Ex. The Elastic Clause. Modern Example: Congress used the implied powers of the elastic clause, along with the commerce clause, to expand federal protection of civil rights in the 1960"s, specifically with the 1964 Civil Rights Act. Elastic Clause: ―Congress can create any law that is necessary and proper.‖ Ex. of the use of the elastic clause: Louisiana Purchase creation of the National Bank and Air Force regulation of child labor. Supremacy Clause: The federal government has greater authority than the state governments Ex. Gibbons v. Ogden, McCulloch v. Maryland, many of John Marshall"s decisions Commerce Clause: Federal government regulates interstate & foreign commerce (trade). Interstate commerce – trade between states States regulate intrastate commerce. Intrastate commerce – trade within a state LEGISLATIVE BRANCH: Legislative Branch: What is it?: Congress Congress was created as a result of what?: the Great Compromise Congress is a bi-cameral legislature – meaning it has 2 houses Specifically, the Senate & the House of Representatives Congress is a representative form of government (a democracy). Congress makes our government a republic because we elect the members of the Senate and the House of Representatives. Powers of Congress: makes the laws, declares war, make treaties, coin money, regulates interstate commerce, can change the number of Supreme Court judges House of Representatives: elected directly by the people, most democratic. During impeachment, can formally charge an official (50% vote needed) Other powers: if no candidate has a majority of votes in the electoral college, the House of Representatives will determine the election. Census: counting up of the entire population of the United States. Required by the Constitution to occur every 10 years. Determines representation in Congress. The census affects the House of Representatives because the level of representation from each state is based upon the state's population. Ex. New York State has 29 members of the House of Representatives while Rhode Island only has 1. Re-Apportionment: the changing of the number members of the House of Representatives within a state after a census is taken. Ex. NYS went from 31 members in the House from 1990 – 2000 down to only 29 members after the 2000 census Re-Districting: redrawing the House of Representative district lines of a state after reapportionment occurs Gerrymandering: the redistricting of a state to benefit one particular party. The census does NOT affect the Senate because every state has 2 senators no matter what the population is in that state. The census affects the number of electoral college votes per state (see below for an explanation of the electoral college and how the number each state has is determined) Senate: originally, Senators were appointed by the state legislatures. 17th Amendment called for the direct (popular) election of Senators. During impeachment, acts as jury, can remove official from office (2/3rd majority vote needed) Other powers: 1) can approve or disapprove of presidential appointments to the cabinet & Supreme Court 2) approve (ratify) or reject treaties made by the executive branch (Ex. The US Senate rejected the Treaty of Versailles after World War I) Specific rule of the Senate: Filibuster: the Senate allows for unlimited debate on a bill. By continuing to talk, a senator or a group of senators can stop all work from being done. (Ex. Southern Democrats filibustered the 1957 Civil Rights Act to keep blacks from getting more rights.) EXECUTIVE BRANCH: Executive Branch: president, vice president, cabinet, 200+ agencies President has many responsibilities: Chief Executive: in charge of enforcing law, he is the head of the cabinet and all bureaucratic agencies (FBI, CIA, DEA, IRS, …). (Ex. President appoints the leaders of executive agencies) Commander in Chief: in charge of the military (Ex. President Bush ordering troops into Afghanistan and Iraq as a result of the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001) Chief Diplomat: in charge of foreign affairs, creates treaties, meets with foreign leaders Chief Legislator: president can introduce a bill (legislation) or veto a bill (Ex. FDR proposed most of the New Deal programs during the Great Depression) (Ex. Andrew Jackson vetoed more bills than all other previous presidents combined) Head of State: represents our country to the rest of the world Judicial Powers: appoints all federal judges, including judges to the Supreme Court; also has the power to pardon (forgive a person's crimes) (Ex. President Ford pardoned former President Nixon for his involvement in the Watergate Scandal) Head of his own political party: (* part of the unwritten constitution) Electoral College: What is it? Indirect way to elect the president What does it do? All states count up their popular (people's) votes for president. Whatever candidate wins the most votes, receives all of the electoral college votes from that state (winner take all) # of electoral college votes per state? Dependent upon population. Affected by the census. # of electoral college votes per state = # of senators + # of Representatives from that state NYS = 31 electoral college votes = 2 senators + 29 members of the House of Representatives Criticisms of the electoral college: 1) can win popular vote but lose the election (2000 – Gore won the popular vote, Bush won the election) 2) distorts election results (makes it seem like someone wins by a large margin) How do you change the electoral college? Need to add an amendment to make any changes Suggested ways to elect the president: 1) elect by using the popular vote 2) make electoral college vote proportional in each state JUDICIAL BRANCH: Judicial Branch: Supreme Court and all the federal courts. Supreme Court: Number of justices (judges): Today there are 9. Who can change the number of judges on the Supreme Court?: Congress Who appoints all federal judges?: The president Who must approve of all federal judges?: The Senate How long do they serve for?: Life Why?: this frees them from political pressure and outside influence from lobbyists Major power: Judicial review. Created by John Marshall in his decision to Marbury v. Madison. Definition to Judicial Review: Supreme Court can determine if a law is constitutional or not, only if it is brought to them in a form of a case (They interpret the constitution to do this.) COMPARISONS – THE CONSTITUTION COMPARED TO … US Constitution CORRECTED a WEAKNESS of the Articles of Confederation by: - Strengthening the federal government - Creating 3 branches (now includes an executive and judiciary) - Allows the federal government to: - Tax - Regulate foreign and interstate trade US Constitution and Articles of Confederation were SIMILAR: - Both were / had: - Democracies - Republics (had elected leaders) - a Legislative Branch (Congress) to make laws - influenced by the Enlightenment - placed limits on the power of government (Bill of Rights, Declaration of Independence, and the Enlightenment writers all wanted to limit the power of the government) RATIFICATION PROCESS: Federalists: Those that supported ratification of the Constitution They wanted a strong federal government Federalists Papers: Persuasive essays written in the NYC newspaper Attempted to convince people to ratify the Constitution. Anti-Federalists: Those that were against ratification of the Constitution They were afraid of a strong federal government They wanted the state governments to be more powerful They demanded the addition of the Bill of Rights to protect individuals' rights from the federal government In summary: The dispute between Federalists and Anti-Federalists was over the distribution of power across different levels of government and how much protection there would be for individual"s rights. Bill of Rights: Goal: Protect individual's rights from the Federal Government Why?: Anti-Federalists were afraid the new, stronger federal government would become another monarchy and take away citizen's rights like England did to the colonists. BILL OF RIGHTS – THE FIRST 10 AMENDMENTS: Bill of Rights: The first 10 Amendments Who wanted them: The Anti-Federalists Why did they want them: To protect individual's liberties from abuses by the federal government. What were they so scared of: A new, stronger federal government that was going to be created under the new Constitution. What time periods influenced them: 1) The Enlightenment – especially the idea of limiting government power 2) Colonial Time Period – The Anti-Federalists wanted to guarantee that the new, stronger federal government under the Constitution did not turn into an oppressive government like the one we just fought to break away from. AMENDMENTS OVERVIEW: 1 – Freedom of speech, press, assembly, petition, and religion speech: protects both verbal and symbolic speech (Ex. Tinker v. Des Moines - symbolic speech) Freedom of speech is needed in a democracy to express ideas (debate) religion: establishment clause: the government can not create or endorse any specific form of religion There must be a ―separation between church and state.‖ (Ex. Engel v. Vitale) religion: free exercise clause: the government must allow from the practice of one's religion press: writing (Ex. New York Times v. US) petition: to write the government to express concerns about something or to seek some form of change (Ex. Women writing to members of the government in an effort to get the right to vote.) assembly: gather together of people The First Amendment guarantees "Freedom of Expression." 4 – Protection from illegal search and seizures "Illegally obtained evidence cannot be used in a court of law." Purpose: to guarantee that the new federal government would NOT be able to create Writs of Assistance like during colonial times. (Writs of Assistance allowed the colonial government to conduct searches without a warrant and without probable cause.) (Ex. Mapp v. Ohio - Exclusionary Rule states that any evidence obtained during an illegal search is inadmissible to court.) 5 – Eminent Domain: Government may take your property as long as they pay you fair market value - Right to remain silent: Individuals have a freedom from testifying against themselves, to not answer questions the police ask them. (Ex. Miranda v. Arizona) - Due process: Government must follow certain rules and procedures when attempting to convict someone of a crime. - Double jeopardy: A person can not be charge with the same crime twice. Purpose of the 5th Amendment: ensure fair treatment for those accused of crimes 6 – Right to counsel: the accused have the right to an attorney (Ex. Gideon v. Wainwright and Miranda v. Arizona – if the accused can not afford an attorney, the government must provide one for him/her.) - Speedy and fair trial Purpose of the 6th Amendment: ensure fair treatment for those accused of crimes 9 – Unenumerated Rights: the unlisted rights Purpose: protect rights beyond those listed in the Constitution (ex. Roe v. Wade - A right to privacy) 10 – Reserved Powers: Gives more powers to the states. All powers not specifically denied to the states, and not given to the federal government are reserved to the states. 13 – Outlaws slavery and involuntary servitude 14 – Grants citizenship to people of color (African Americans, Native Americans) (Ex. This portion of the 14th Amendment overturned part of the decision in the Dred Scott case of Scott v. Sanford. In that case, the Supreme Court said that blacks were NOT citizens and therefore could not sue. The 14th Amendment made blacks citizens.) - guarantees equal protection of the law (Ex. The "Equal Protection Clause" was NOT violated according to the Supreme Court in the decision to Plessy v. Ferguson) - due process clause: applies the Bill of Rights to the states (Ex. In ALL of the following cases, the "Due Process Clause" of the 14th Amendment was used to apply the Bill of Rights to the states: Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, Tinker v. Des Moines, Engel v. Vitale, Brown v. the Board of Education of Topeka, Kansas, Roe v. Wade) 15 – African Americans are granted the right to vote (A person"s race, color, or previous condition of servitude shall not deny them the right to vote) The 13th, 14th, & 15th Amendments are called the Civil War / Reconstruction Amendments. All three are meant to expand the rights of freedmen, recently freed blacks. 16 – Income tax: allows the government to place a graduated – or progressive – income tax on people. Graduated / progressive income taxes tax the rich at higher rates than poor people. This was created to limit the money and power of the Robber Barons. 17 – Popular Election of Senators: This was an attempt to limit Big Business' influence over the government. To limit corruption caused by Robber Barons. 18 – Prohibition: Outlaws the sale, possession, and consumption of alcohol 19 – Women's Suffrage: Grants women the right to vote Women's Rights movement begins with: Seneca Falls Convention (1848) Leaders of the Women's Suffrage Movement: Susan B. Anthony, Carrie Chapman Catt, and Elizabeth Cady Stanton th 19 Amendment is also called: the Susan B. Anthony Amendment Who had granted suffrage rights to women BEFORE ratification of the 19th Amendment? Many Western states, Wyoming was the first territory to do so in 1869 and the first state to do so in 1890. The 16th, 17th, 18th, and 19th Amendments were passed during the Progressive Era. 21 – Repeal of Prohibition: Good example of how you can only change the Constitution and get rid of an amendment by adding another amendment. 22 – President can only serve two terms: used to be part of the unwritten constitution Created after FDR was elected to four terms 23 – Washington D.C. gets 3 Electoral College votes 24 – Bans the use of Poll Taxes: Along with the Civil Rights Act of 1964 and the Voting Rights Act of 1965, it allows many African Americans to finally exercise their right to vote, as guaranteed by the 15th Amendment 25 – Presidential Succession 26 – Age to vote is lowered to 18: Largely occurs as a result of the Vietnam War – people could die for their country, but couldn't choose the leaders that sent them to war. The 15th, 17th, 19th, 23rd, 24th, and 26th Amendments all extended the right to vote in this nation. One proposed Amendment that failed to be ratified: the Equal Rights (ERA) Amendment which sought to grant women full equality. First proposed by Alice Paul in 1923, it only had 35 of the needed 38 states ratify it. SUPREME COURT CASES – NOT TIED TO HISTORICAL EVENTS: John Marshall: Chief Justice of the Supreme Court Expanded / strengthened the power of the federal government, specifically the Judicial Branch. Important Supreme Court cases that he presided over: Marbury v. Madison (1803) – established Judicial Review McCulloch v. Maryland (1819) – National Bank – Supremacy Clause, Elastic Clause Gibbons v. Ogden (1824) – Interstate Commerce, Supremacy Clause Marbury v. Madison (1803): The judges / court created its own power of judicial review Definition of judicial review: Supreme Court can determine the constitutionality of a law. Chief Justice was John Marshall Strengthened the power of the federal government & the judicial branch Interstate commerce: Interstate commerce is trade between the states. Interstate commerce is regulated by the federal government In most situations, the federal government has expanded the power of the federal government by broadly defining most trade as ―interstate‖ commerce and NOT ―intrastate‖ commerce. Gibbons v. Ogden (1824): Trade with boats between New York and New Jersey Northern Securities Co. v. United States (1904): Railroad monopoly that violated the Sherman Anti-Trust Act was ruled unconstitutional and had to be broken up. This case gave President Teddy Roosevelt the nickname of the ―Trust Buster‖ Wabash, St. Louis & Pacific R.R. v. Illinois (1886): The Granger laws that attempted to reduce railroad rates in the state of Illinois for small farmers was ruled unconstitutional since the railroads went across state lines. Therefore, only Congress could regulate the railroads in this situation since it constituted interstate commerce. As a result of this case, Congress created the Interstate Commerce Commission (ICC) in 1887. United States v. E. C. Knight Co. (1895): The first case that the Sherman Anti-Trust Act was applied. The Sherman Anti- Trust Act attempted to break up monopolies and limit the power of Big Business. Unit 3 – Early US History George Washington's Administration – UNWRITTEN CONSTITUTION: Unwritten Constitution: Definition: precedents, traditions, customs within the government that are NOT in the Constitution Examples: 1) cabinet: advisors to the president (appointed by president, approved by Senate) 2) lobbying: trying to persuade politicians to think or act a certain way Problem with lobbying: often lobbyists use money (not as a bribe, but in the form of campaign contributions) to get politicians to think a certain way. This corrupts our democracy since those with money can influence the government more than those that are poor. In other words, lobbyists have too much influence over the government. 3) congressional committees: specialized groups of Congressmen that review and create bills 4) political parties: Today: Republicans & Democrats. First parties were created because of the differences between Alexander Hamilton's Federalists and Thomas Jefferson's Democratic-Republicans. (The biggest difference between these two was over the interpretation of the Constitution.) (Often shows up on the Regents as – ―a role of the president that is part of the unwritten constitution is being the leader of his political party.‖) 5) judicial review: Supreme Court can determine the constitutionality of a law. (Example of Checks and Balances since Supreme Court can strike down a law that was passed by the legislative branch and signed the executive.) 6) president can only serve 2 terms: (WAS part of the unwritten constitution, now part of the constitution with the addition of the 22nd Amendment) George Washington's Administration – EARLY ECONOMIC ISSUES: 3) Hamilton's Economic Plan: (established a sound financial plan for new nation, improved the economic position of the United States government) a) Created the National Bank (created a national debt & a plan to pay it off, provided loans to northern businesses, regulated & stabilized the money supply / currency) (used elastic clause & a loose interpretation to create the National Bank) b) Created a National Currency (got rid of all state currencies) c) Created Protective Tariffs Tariffs: Definition: tax on imports Purpose: protect northern US industries (factories, manufacturing), gets people to buy US made goods – made foreign goods more expensive. Created by: Alexander Hamilton created protective tariffs George Washington's Administration – FOREIGN POLICY & OTHER ISSUES: Washington's Foreign Policy: Proclamation of NEUTRALITY Why?: - nation was too young, not stable enough - just got finished with American Revolution Wanted trade with all nations Why?: to help get business for the new northern factories What event caused this?: England and France go to war. Thomas Jefferson wants Washington to assist France because they helped us during the American Revolution. Hamilton wants the US to trade with both sides. Washington sides with Hamilton. Ultimately, Washington signs ―Jay's Treaty,‖ formally keeping the US out of the war between England and France, in exchange England withdrew its forces from US territory. Washington's Farewell Address: 1) Remain neutral ("steer clear of permanent alliances") Especially, do not interfere in the affairs of Europe. 2) Beware of factions. Factions (differences between political parties and geographic areas – like North v. South) will rip the nation apart. Neutrality becomes our ―traditional foreign policy.‖ (Avoid involvement in European Affairs) All US foreign policy is based upon neutrality until World War I. (Ex. Monroe Doctrine, Roosevelt Corollary, time between World I and World War II) What allowed the US to follow this policy of NEUTRALITY for so long?: The United States' geographic isolation. That the US was protected by the Atlantic and Pacific Oceans. Easier to stay out of European affairs since it was 1000 miles away. George Washington's Administration – POLITICAL INTERPRETATIONS & OTHER DISAGREEMENTS: Hamilton vs. Jefferson Hamilton believed in a loose construction (loose interpretation) of the Constitution. (Used elastic clause to broadly interpret the Constitution – gave the national government more power) (Ex. Hamilton used the elastic clause, an implied power, to create the national bank) Jefferson believed in a strict construction (strict interpretation) of the Constitution. (Believed the government should only be able to do what is specifically stated in the Constitution. Wanted to limit the federal government's power & give more power to the states. Ex. Jefferson believed Hamilton"s National Bank was unconstitutional) Other disagreements between Hamilton and Jefferson were over: Hamilton – wanted to help North and its businesses (ex. Protective tariffs, National Bank) Jefferson – believed in helping farmers (South) Hamilton – wanted to be neutral, trade with everyone (Washington agrees with this) Jefferson – wanted to help friends, like France This disagreement between Hamilton and Jefferson and how to interpret the Constitution led to the creation of the first political parties. OTHER George Washington's Administration & JOHN ADAMS' ADMINSTRATION: Whiskey Rebellion: Caused by: Hamilton placed an excise tax on whiskey. Residents of Pennsylvania, who made whiskey, refused to pay the tax and created a rebellion against this tax. Often compared to: Shays' Rebellion Difference between Shays' Rebellion and the Whiskey Rebellion: Under the Articles of Confederation, the federal government could NOT do anything to stop Shays Rebellion. However, the Whiskey Rebellion occurred under the Constitution and the new, STRONGER federal government was able to quickly enforce the law (the tax) and crush the rebellion. Alien and Sedition Acts: John Adams expanded the power of the federal government by creating these laws. It gave the federal government more power to lock up and deporting immigrants. Virginia and Kentucky Resolutions: James Madison and Thomas Jefferson wrote these resolutions in response to the Alien and Sedition Acts. They claimed that the federal government had exceeded its powers and that the idea of states rights gave Virginia and Kentucky the ability to declare federal law unconstitutional. The fight over the "Alien and Sedition Acts" and the "Virginia and Kentucky Resolutions" is an example of the fight over federal power and states rights (or division of power under Federalism) before the Civil War. THOMAS JEFFERSON'S PRESIDENCY: Louisiana Purchase: (1803) Key facts and results that you have to know: - bought from the French ($15 million) by Thomas Jefferson - doubles the size of the US - focuses expansion westward - gives US access to the Gulf of Mexico and full control over the Mississippi - provides farmers, especially from Ohio River valley, with a trade route. They won't be taxed in New Orleans anymore since US owns it now. - some consider this the start of Manifest Destiny – that it was the United States' god given right to expand westward to control everything from the Atlantic Ocean (east) to the Pacific Ocean (west) - Much of the land acquired from the Louisiana Purchase becomes the ―Great Plains‖ – the nation's largest farm land. The Great Plains had vast grass lands and large herds of buffalo before it was settled. The steel plow was needed to cut through the thick grass. - Controversial: Elastic Clause is used to buy land. This goes against Thomas Jefferson's strict construction of the Constitution since the power to buy land is NOT specifically stated in the Constitution. MONROE DOCTRINE: Monroe Doctrine: (1819) Key facts and results that you have to know: - Second US foreign policy - Based on ideas of George Washington's Farewell Address (neutrality) - Major parts: 1) US will stay out of the affairs of Europe (NEUTRALITY) 2) Europe must not interfere in the affairs of the Americas (Western Hemisphere) (Europe can not try to re-colonize the new American nations in the Caribbean, Latin America, or South America) 3) If Europeans do interfere, it will be considered an act of war on the US - It focuses our attention southward. - This is the start of the US' control over Latin America. First of several foreign policies that give US control over the entire Western Hemisphere (ex. the Roosevelt Corollary, as created by President Theodore Roosevelt, becomes an extension to the Monroe Doctrine) Geographically speaking, what gave the US the ability to enforce the Monroe Doctrine?: The US was next to Latin America while the Europeans had to travel 1000+ miles to defend its interests in Latin America What European country helped the US enforce the Monroe Doctrine?: England Why?: When the newly independent countries of Latin America (Honduras, Chile, Venezuela, Peru, …) were colonies, Spain had used mercantilism to keep its colonies from trading with other nations. Since these countries were now independent, England was allowed to buy their raw materials. Basically, these new countries in Latin America were like having colonies without having to keep an army there to control them. If these countries were taken over again by another European power, England would lose out on trade. Therefore, England had a vested interest in helping the US enforce the Monroe Doctrine. EARLY SUPREME COURT CHIEF JUSTICE & CASES: John Marshall: Chief Supreme Court Justice. Famous for: 1) Expanding the power of the federal government with the supremacy clause (Federal power increased at the expense of the states.) 2) Specifically, he expanded the power of the Judicial Branch by creating the power of Judicial Review in his decision to Marbury v. Madison Most famous cases: a) Marbury v. Madison – establishes judicial review Definition of Judicial Review: the Supreme Court has the power to review any law brought to it in the form of a case to determine if it is constitutional or unconstitutional b) McCulloch v. Maryland – supremacy clause, elastic bank c) Gibbons v. Ogden – interstate commerce, supremacy clause Unit 4- Sectionalism, Civil War, Reconstruction GEOGRAPHY AFFECTS CULTURE / SOCIETY: (Geographic conditions supported different types of economic activity) North: Changing seasons – only allowed for 1 growing season, limited agricultural production. North still farms, but a mixed economy develops because of the geographic features below. Fast moving rivers – allowed for people to harness the power of the rivers, to build the first factories. Leads to the growth of cities. Since so many immigrants came to get these jobs, the North did not need slaves. Flat rivers and ocean ports – allowed for trade to easily move in and out of the region. The North also develops a large, complex network of roads, railroads, and canals to help move products to markets in the West and throughout the North East. (These developments in modes of transportation are known as the "Transportation Revolution".) (Ex. One Internal Improvement of the 19th Century was the building of the Erie Canal – which connected the Upper Mid-Western states to the Atlantic Ocean by building a canal through upstate New York.) Canals made the transportation of goods, especially farm goods, much cheaper. Resources – Access to resources, like iron & coal, allowed for the quick production of many products & services (ex. Railroads) South: Temperate climate & Rich soil – allows for more growing seasons and larger crop yields. More farming develops in the South on plantations (large Southern farms). South becomes more rural, less urban (less cities). Farming increases reliance upon slaves. (The cotton gin also increased the South's reliance upon slavery) Slow moving rivers – allowed for trade (agricultural products) to be easily shipped, limits the need for roads & railroads. Plus, the ocean allowed for easy transportation from the Southern plantations to the Northern factories and markets. West: Moving frontier – the ―West‖ moved as settlers filled the land farther and farther west. The ―West‖ was Ohio during the time of the Articles of Confederation. Than it became the Great Plains after the Louisiana Purchase. By the mid-1800's, with the discovery of gold in 1849 in the San Francisco area, the West is as far over as California. Slavery controversy – as the nation expanded westward, there was a great dispute over whether slavery should be allowed in these new territories and new states. Abolitionists were AGAINST slavery. Supporters of States Rights believed that individual had the right to choose to own a slave. Transportation development – in the beginning, settlers went westward on the ―Oregon Trail‖ in covered wagons. However, the Transportation Revolution allowed the western farmers and traders to be connected to eastern markets with the expansion of railroads, roads, and canals. PRESIDENT ANDREW JACKSON: Key facts and events about the 7th president of the United States: - strong minded president (1829 – 1837) - uses the veto more than all other previous presidents (ex. Vetoes the re-chartering of the 2nd National Bank) - Spoil's System: president can appoint loyal followers to government jobs Positive: gets new people in the government, expands democracy Negative: unqualified are put in the government Pendelton Act (1883): requires government employees to pass a civil service test, ends the spoil's system - Tariff of 1828 (Tariff of Abominations): - 40% tax on imports. - Northern factories benefited – made foreign goods more expensive. - South hated – they bought foreign goods, Europe retaliated by taxing the goods the South exported (cotton, tobacco, and other cash crops) - South Carolina – John Calhoun – wrote the Issuance of Nullification (tried to declare federal law unconstitutional, threatened to secede) (The Issuance of Nullification attempted to expand the power of the states) (Example of the dispute between federal power and states rights) - Jackson signs Force Bill, threatens to send in 50,000 troops to South Carolina - Andrew Clay brokers a compromise – lowers tariffs - Indian Removal Act (1828) – begins forced movement west for almost all Native Americans. They are moved west of the Mississippi River and onto reservations. President Jackson strictly enforces this policy and he is infamous for the ―Trail of Tears,‖ the forced movement of the Cherokee Indians out of Atlanta to the Oklahoma Territory. Several thousand died during the move. SECTIONALISM: - Definition: Time period before the Civil War (1820 to 1860) when great differences developed between the North and South - Two major causes: States Rights and Slavery 1) States Rights: States believed that they had certain powers over the national government. (You can simplify the entire fight between the North and South as being over the balance of power between the federal and state governments) Idea comes from the time period when states had more power under the Articles of Confederation and resurfaced again in the 1790's with the Kentucky and Virginia Resolutions and in 1828 with the Issuance of Nullification. 2) Slavery: The fight over slavery began with the Declaration of Independence. (Thomas Jefferson wanted to outlaw slavery as part of the DOI.) The fight over slavery intensifies as the South becomes more reliant upon slavery with all of its plantations after the development of the cotton gin in 1793. The North becomes less reliant at the exact same time because it is cheaper to hire immigrants to work in the Northern factories than to own slaves to do the same work. Abolitionists: those that were against slavery Underground Railroad: series of routes that escaped slaves took when fleeing the South and went North. Harriet Tubman was an abolitionist that helped slaves escape. "The Liberator": Abolitionist newspaper created by William Lloyd Garrison "Uncle Tom's Cabin": book written by Harriet Beecher Stowe that attacked the institution of slavery. Examples of the fight over slavery (as the nation expands, the biggest problem the nation faces will be over the extension of slavery): 1) Missouri Compromise (1820): - Missouri wants to become a state (a slave state) Problem: this would throw off the balance of power in the Senate The North did not want the South to have more slaves states than the North had free states. If this happened, the South would control the Senate. Solution: Missouri would become a state that allowed slavery, but Maine would also become a state, but it would be a free state. This kept a balance of power in the Senate. (Settles conflict over admitting slave and free states to the Union) Long term thinking: In an effort to resolve the issue of slavery as the nation expanded, the Missouri Compromise divided all new territory of the United States along the 36 30 parallel. All land north of this line would be free, all land south of this line would be slave. 2) Slave revolts: attempts to have slaves rise up against their masters occurred in the South, often with brutal consequences for the slaves. John Brown, Denmark Vesey, and Gabriel Prosser were abolitionist leaders of slave revolts. 3) Compromise of 1850: - California wants to become a state (a free state) Problem: there isn't a territory in the South with a large enough population to become a state (a slave state). Solution: - California becomes a free state (helps the North) - the Fugitive Slave Act allows slave owners to hunt down and capture run away slaves, no matter where they go (helps the South) - Also allows for popular sovereignty – (majority rule) allows the voters to decide if a territory will be free or slave 4) Kansas - Nebraska Act (1854): This act allows popular sovereignty (the act of voting to decide government policy) to determine if the areas of Kansas and Nebraska will be free or slave. Problem: Both of these territories were North of the 36 30 parallel created by the Missouri Compromise, thus angering abolitionists (those against slavery). Result: this leads to ―Bleeding Kansas,‖ the bloody fight between slave owners and abolitionists in Kansas because of popular sovereignty. 5) The Dred Scott case: (a.k.a. Scott v. Sanford) Dred Scott, a slave, was taken by his master to work and live in free states & free territories for 12 years. Scott sued for his freedom. Supreme Court rules that: 1) slaves are property and can be taken anywhere 2) since slaves are NOT citizen, they have no right to sue in court South is overjoyed by this decision, abolitionists in the North are upset by the decision. 6) Election of Abraham Lincoln (1860): The election of Lincoln as president in 1860 is the final cause of the Civil War. Within one month of his election, South Carolina secedes (breaks away) and many of the southern states soon follow. Lincoln's views on slavery before the Civil War: "A house divided against itself cannot stand. I believe this government cannot endure permanently half slave and half free." - 1858 Lincoln is concerned about slavery, but his primary goal is to keep the united. Lincoln's view on Southern Secession: (secede means to break away) According to Lincoln, the Southern states could NOT break away, the seceding was NOT allowed by the Constitution. Summary: "Bleeding Kansas," the Dred Scott decision, John Brown"s raid on Harper"s Ferry (and the other incidences that occurred during the time period of Sectionalism) create a larger divide between the North and the South, putting the nation on a path to the Civil War. THE CIVIL WAR: Developments during the war: Lincoln's Primary Goal: preserve the Union Advantages of the North (during the Civil War): - Twice as much railroad tracks (easier to move troops, supplies) - Twice as many factories (to produce war goods) - Balanced economy (farming & industry), banks with more money - Functioning government - Small, but organized army & navy - 2/3 of the nation's population Advantages of the South (during the Civil War): - Majority of the nation's military officer were from the South - Did not need to win war, just needed to keep from being beaten (Already had all of the territory it wanted, it just had to keep the North from claiming any of its land) - Strong belief in their cause, fighting for their way of life Expansion of Presidential Power: During times of conflict or national difficulties, presidents have expanded their power. Ex. FDR during the Great Depression and World War II, President Bush during the War on Terror. Lincoln violated the Constitution in several ways during the Civil War: a) Taking money from the Treasury and expanding the size of the military (these are both supposed to be done by Congress.) b) Suspending Habeas Corpus. (limiting individual"s civil liberties) c) Restricting freedom of the press and freedom of speech. Emancipation Proclamation (1863): Purpose: freed all of the slaves in areas of rebellion. (The 13th Amendment ends all slavery, the Emancipation Proclamation only frees slavery in the majority of the South. The Border States have slavery until the ratification of the 13th Amendment). Result: It convinced the Europeans to NOT help the South and it allowed for freedmen (blacks) to fight in the Union army. Gettysburg Address: Short speech by Abraham Lincoln at the dedication of the cemetery at Gettysburg. He commemorates the soldiers that fought, died, and were injured at the Battle of Gettysburg, the bloodiest battle of the Civil War. Results of the Civil War: South is destroyed: South must be rebuilt and the nation needs to be re-united again (see Reconstruction) Northern economy is stimulated: (Stimulated means to increase an activity) The federal government spent a lot of money on war goods, thus paying a lot of money to the northern factories, creating jobs and expanding US businesses. (see Unit 5 – The Age of Big Business) Federal government gets more power than the states: The conflict over the issue of states rights and seceding is over. (States can NOT secede and states have only LIMITED rights when compared to the national government.) Other related developments during the Civil War: The following laws were signed by Lincoln in an effort to unite the nation and to fill in the unsettled areas of the territories. Homestead Act (1862): provided free land to people to settle the western territories, specifically the Great Plains Pacific Railway Act (1862): provided land and money to railroad companies to build the transcontinental railroad. RECONSTRUCTION: Reconstruction: the building of the South after the Civil War (1865 – 1877) 3 Reconstruction Plans: 1) Lincoln's Plan 2) Johnson's Plan 3) Congressional Plan (a.k.a. Radical Republican's Plan) Lincoln's Plan: Lincoln's #1 goal during the Civil War was to re-unite the nation Lincoln's #1 goal in his Reconstruction Plan is to get the nation back together as quickly as possible. - Lincoln only wanted 10% of the population of each Southern state to swear allegiance to the Constitution to be fully instated as a state again. - Lincoln believed the Southern states never officially left the Union (the nation) Why? a) Nothing in Constitution says they can b) The people of the break away Southern states never voted to secede c) The actions of a small few led the Southern states to secede so everyone should not have to be punished Lincoln did want to punish Southern military and Confederate leaders (Very lenient plan, called the "Ten Percent Plan." Never adopted.) Johnson's Plan: After Lincoln is assassinated in April, 1865, his vice president, Andrew Johnson, is promoted to president. Andrew Johnson was a Southern Democrat that was a moderate like Lincoln. He borrows many of Lincoln's ideas and also wanted to unite the nation very quickly. Parts of Johnson's Plan: 1) Pardoned all Southerners that pledged allegiance to the Union (Waived their treason) – except military leaders and wealthy 2) Recognized Virginia, Tennessee, Arkansas, and Louisiana (They already met the provisions set by Lincoln's plan) 3) Rest of states could re-enter when they: a) repudiated (gave up) war debt b) gave up ability to secede c) ratified 13th Amendment (abolish slavery) The leniency of Johnson's plan, along with the fact that he was from the South and a Democrat, led to open hostilities with the Radical Republicans in Congress. His plan was never adopted. Impeachment of President Andrew Johnson: What caused the impeachment of Johnson? The different beliefs on how to handle Reconstruction was the real reason for Johnson"s impeachment. Specific details: The House of Representatives formally charged President Johnson with ―high crimes and misdemeanors‖ – specifically, for violating the Tenure of Office Act. He is the first of only two presidents to ever be impeached (Bill Clinton was the other one). The Senate fell one vote short of the 2/3 vote minimum to remove the president from the office. (He was accused but NOT convicted; therefore, he was NOT removed from office.) Congressional Plan (a.k.a. Radical Republican's Plan): Radical Republicans: Extreme Republicans that wanted to create social, political, and economic change in the South after the Civil War. Two major goals: 1) Protect ―freedmen‖ (recently freed slaves) 2) Punish white Southerners 1) Protect Freedmen: - Creating a "Freedmen's Bureau" – creates schools for blacks, provided assistance to blacks - Civil Rights Act of 1866 – goal was to end discrimination toward blacks - 14th Amendment – (note: the 13th Amendment, which ended slavery was already ratified in 1865) The 14th Amendment does 3 things: 1) gives freedmen citizenship (overturns Dred Scott decision) 2) grants ―equal protection of the law‖ (equal protection clause) 3) due process clause – applies the Bill of Rights to the states - 15th Amendment – gives blacks the right to vote 2) Punish white Southerners: Military Reconstruction - South placed under military rule (martial law) – 5 districts - Whites and blacks must create new state constitutions together - Required constitutions to guarantee equal rights - Temporarily barred Confederate officials from voting - Required Southern states to ratify 14th Amendment before being readmitted How Freedmen were affected in the South: Positive: Politically: 13th Amendment (1865): ends slavery 14th Amendment (1868): 1) grants equal protection of the law, 2) grants blacks and people of color citizenship, 3) Due process clause applies the Bill of Rights to the states th 15 Amendments: Grants black males 21 and over the right to vote (These "Civil War" or "Reconstruction" Amendments were created to expand and protect the rights of African Americans.) Blacks were elected to many local, state, and national offices Most blacks were Republicans because the Radical Republicans are the ones that gave them rights. Economically: Able to own land and work for money. Socially: Freedmen's Bureau: created by Congress, it started hundreds of black schools in the South. Also, it provided food, clothing, housing, and jobs. Booker T. Washington: (late 1800's) OK with segregation, believes African Americans will gain equality by getting vocational (technical) training. If blacks have a skill, whites will need them. Founded the Tuskegee Institute (a vocational school) W.E.B. DuBois: (late 1800's, early 1900's) fights segregation, helps create the NAACP (National Association for the Advancement of Colored People) Booker T. Washington and W.E.B. DuBois both want equality for blacks, they are just want it at a different rate. Booker T. Washington was willing to wait for full equality, until blacks earned it. W.E.B. DuBois demanded immediate equality. Negative Affects: Politically: Poll taxes: required blacks to pay a fee in order to vote Literacy tests: required blacks to pass a reading and writing test in order to vote Grandfather clauses: Exempted whites from having to take Literacy Tests or pay Poll taxes Whites return to power: As blacks have their voting rights restricted, whites vote in more numbers and re-take over the Southern governments. These white dominated Southern governments become known as the Solid South. Economically: Sharecroppers: freedmen worked on plantations for very little money and even less rights. Tied to fields like under slavery Tenant farmers: rent land. Couldn't work in most factories or other high paying jobs Socially: Black Codes: former slaves laws that were changed to limit the rights of freedmen (Ex. curfews, labor contracts) Jim Crow Laws: Segregation laws (laws that required the separation of the races) Ex. Separate schools, bathrooms, water fountains, restaurants, communities Ku Klux Klan: Terror group that attacked & lynched blacks. (This group was largely driven out of existence in the 1870"s but reappeared again decades later and came to anti-Catholic and anti-Immigrant, as well as anti-black) The End of Reconstruction & beyond: Economic changes: "New South": Growth of industry in the South – new textile mills and intermediary factories (ones that created the first steps of iron or turned wood into lumber) began. With the laying of thousands of miles of new railroad tracks, a new South, an urban South was born. Plantations increase in size and efficiency, resulting in an overproduction of many crops, therefore causing prices of farms goods to drop drastically. Political: Election of 1876: Republican Rutherford B. Hayes lost the popular vote to Democrat Samuel Tilden. Electoral vote was disputed. (Tilden won the popular vote, Hayes won the Electoral vote.) Congress, dominated by Republicans, convenes a committee to resolve dispute, wants to rule in favor of Hayes, but enough Democrats are in Congress to block final decision. Result: Compromise of 1877: Democrats gave Hayes the election. Hayes would remove all of the federal troops from the South and provide large amounts of money for more railroads. The COMPROMISE of 1877 officially ENDS Reconstruction. Social: Supreme Court Cases: 1) The Civil Rights cases (1883) The Supreme Court rules that Congress can not outlaw discrimination by private businesses. 2) Plessy v Ferguson (1896) Background: - Homer Plessy - 1/8 black, 7/8 white - buys first class train ticket from New Orleans to East Covington, Louisiana - In an act of civil disobedience – Plessy stated that he was black - Plessy gets thrown off train for sitting in white car and for violating the Louisiana Act of 1890 (the Separate Car Act) – this requires all railway cars to provide for ―separate but equal‖ accommodations for whites and non-whites. Constitutional Issues: - 13th Amendment (ends slavery) - 14th Amendment (equal protection of the law) Decision: - In favor of Ferguson, against Plessy Why?: - Since the train was going entirely within the state of Louisiana, this was intrastate commerce. Therefore, the state of Louisiana had the right to create laws to regulate these train cars. - Secondly, since the accommodations were ―equal‖ in the eyes of the law, just because they are separate does not mean it violates the 14th Amendment Long term result: - This decision gave constitutional support to Jim Crow (segregation) laws. - Jim Crow laws rapidly expanded in the South during the 1890's, dividing white and non-whites in every facet of life. - Ex. Schools, bathrooms, restaurants, … Unit 5 – The Gilded Age, Immigration Types of Business Systems: 1. sole proprietorship: one person owns a business. 2. partnership: when two or more people own a business. 3. corporation: business owned by many invested that raises money by selling stocks or shares (ownership) to those investors. Allows a business to rapid raise capital (money). Limited risk & rewards. * 4. monopoly: dominance/control of a market by a single company Caused by: when businesses consolidate (merge together) Goal: take over everything. Result: after monopolies have taken over everything, they used their power to crush possible other competitors, to make themselves wealthy, and to bribe/control the government. * 5. trust: when a group of businesses, all run by the same board of directors, controls a market (oil, sugar, banking, shipping, railroads, …) (Simply, when you see the word trust, just think monopoly) * (used frequently in late 1800's & early 1900's, now illegal) Social Darwinism: when larger/stronger businesses take over smaller/weaker businesses Quote: ―survival of the fittest‖ Who created the idea of "Social Darwinism"?: Large corporations in an effort to justify their ruthless business practices. Types of Economic Systems and the Rise of Big Business: Economics: dealing with business, trade & money Capitalism: economic system where private individuals (or groups) own the means of production, not the government. Supply & demand determines prices. [a.k.a. – free market, market system, free enterprise] (ex. US) (Opposite of capitalism is communism) The Rise of Big Business: Where: Begins in the Northeast (especially in NYC) Why?: 1) US government spent a lot during and after Civil War 2) access to trade routes (canals, roads, railroads, ports) 3) large population 4) Built off of the successes of earlier businesses (owners reinvested profits into businesses) 5) English businessmen invested money in US Spreads to the South and the West: Why?: 1) Railroads – provide access to materials and a means of distribution 2) population growth – more people, more trade Government's role in Business: Laissez faire: government stayed out of business' concerns Quote: ―Hands off‖ Reality: The US government does NOT stay out of business' affairs. The government does NOT regulate businesses. Government support of Big Business: 1) Protective tariffs: Hamilton first created tariffs (taxes on imports) to make foreign goods more expensive and to protect American businesses 2) Help for railroads: Government provided land and money to build railroads like the transcontinental railroad 3) National Bank: provided loans to businesses & stabilized the money supply Result: (Since the government did NOT regulate businesses and helped them become very strong, what happens?) 1) Business consolidation: businesses merged together, creating monopolies and trusts Result: trusts/monopolies destroy small businesses & the ―free market‖ system and control prices 2) Huge corruption: a) Monopolies (Ex. Rockefeller"s Standard Oil Trust) bribed government officials and controlled the Senate b) Scandals under President included the Credit Mobilier Scandal and the Whiskey Ring 3) Railroads overcharged farmers: (Ex. Supreme Court case – Wabash v. Illinois) 4) Unequal distribution of wealth: A small few become filthy rich while most live in poverty Because of the abuses that occur as a result of Laissez-faire and government support of Big Business, the government does eventually begin to place restrictions upon monopolies and trusts. Examples: Interstate Commerce Commission (1887): regulates railroads and all trade across state lines. Sherman Anti-Trust Act (1890): (―Anti‖ means against) 1) outlaws monopolies 2) protects small business and competition Clayton Anti-Trust Act (1914): (―Anti‖ means against) 1) outlaws monopolies 2) protects small business and competition (Clayton closed some of the loopholes found within the Sherman Anti-Trust Act) State Grange laws, like those in Illinois, tried to protect farmers from the railroad monopolies. Captains of Industry v. Robber Barons Gilded Age: Definition: ―Coated with Gold‖ Why is the Age of Big Business & Industrialization called the Gilded Age?: A few people greatly prosper due to the increase in industrialization, while many suffered from pollution, poverty, crime, corruption and overcrowding. ("Extremes of wealth & poverty") Robber Barons: Negative view of industrial leaders (Ex. Rockefeller's Standard Oil Trust was a monopoly that controlled 90% of the oil refining industry; Standard Oil Trust eliminated competition – rebates & drawbacks; creating ruthless/unfair trading practices; monopolists became rich while workers were underpaid; bribed/controlled the government – especially the Senate) Rebates: paying full price for a service, but than getting a portion of your money back Drawbacks: getting paid a portion of what other customers paid for a service, even though you don't own the company Captain of Industry: Positive view of the accomplishments of industrial leaders (Ex. Carnegie donated $300 million to charities – creating libraries, Carnegie Mellon University, giving money to the Tuskegee Institute; made business more efficient; adopted new technologies – like the Bessemer Process Carnegie"s "Gospel of Wealth" stated that "a man that dies rich dies disgrace." This means that the rich should give away their vast wealth.) (Ex. Henry Ford created more efficient system - a less costly means of production. Specifically, he created the assembly line to mass produce products.) Reality is that the industrial leaders like Carnegie, Rockefeller, and Vanderbilt, … were BOTH Robber Barons AND Captains of Industry. Other Effects of Industrialization: 1) Immigration increases (need workers for increased number of jobs) 2) Urbanization (growth of cities – immigrants and formerly rural dwellers move to the cities, especially in the North East. Blacks move from the South to the North to get factory jobs during World War I and World War II.) 3) Pollution – especially in the cities 4) Technological developments – new technologies 5) Growth of labor unions 6) Horrible working conditions & Child Labor 7) Poor living conditions – slums, tenements (overcrowded, poorly made buildings) 8) Overpopulation 9) Growth of a new Middle Class 10) Midwestern farmers rely on railroads more to ship crops to markets in the cities 11) Agricultural Revolution – new technology created due to industrialization creates new products (steel plows, harvesting machines) for farmers. Labor Unions: (a.k.a. Organized Labor) Definition: when workers band together to rival the power of Big Business / monopolies Goal: Protect the rights of workers (Higher pay, shorter work week, safer work conditions, anti-immigrant, anti-child labor) Examples of Labor Unions: American Federation of Labor (AFL): Characteristics: accepted ONLY skilled workers Leaders: Samuel Gompers What happened to it?: Greatly expanded, still around today Knights of Labor: Characteristics: accepted ALL workers (including women, blacks, and immigrants) Leaders: Terence Powderly, Uriah Stephens What happened to it?: Dies out accepts too many people. Plus, its connections to immigrants (Americans feared the immigrants were anarchists & socialists) and the Haymarket Riot (violence is blamed on the union) causes it to lose its power. Collective Bargaining: when unions negotiate on behalf of all employees Labor Tactics: 1) Strike: workers refuse to go to work in an effort to close down the business 2) Boycott: refusing to buy a company's products 3) Picketing: holding informational signs outside a business, usually during a strike Business Tactics used AGAINST Labor Unions: 1) Lockout: keeping workers from entering a work site 2) Injunction: a court order to force union employs back to work during a strike 3) Scabs: hiring of non-union workers to replace striking workers 4) Blacklist: when companies agree to NOT hire specific employees 5) Yellow Dog Contract: employers force workers to NOT join a union Labor Conflict: Great Railway Strike, Haymarket Riot, Homestead Strike, Pullman Strike Common themes: Government sides with Big Business over the unions & violence is common Supreme Court Cases related to Labor Unions: Wabash v. Illinois (1886): states could regulate railroad trade ONLY within their borders (states regulate intrastate commerce). (Illinois" Grange Law that forced railroads to stop overcharging small town farmers was ruled unconstitutional.) As a result, the federal government creates the Interstate Commerce Commission (1887) to regulate trade across state borders, and specifically the railroads. In Re Debs (1895): Court injunctions could force unions back to work, like in the case of Eugene Debs, the organizer of the Pullman Strike. IMMIGRATION: Waves of Immigration: 1) Old Immigrants: (1600's – 1840's) North and Western Europeans (Protestants) 2) Middle Wave: (1840's – 1880's) Still mostly Northern and Western Europeans, with Irish Catholics and more Germans coming now (Irish and Germans are escaping Potato Famine) 3) First NEW Wave: (1890's – 1940's) Southern & Eastern Europeans (More Catholic, Jewish) 4) Second NEW Wave: (1950's – today) Latin America, Asia Generally speaking, Why do immigrants come to the US? 1) jobs (mostly unskilled labor for the factories and to build railroads) 2) freedoms 3) escaping persecution 4) escape military conscription 5) free land What made the "New Wave" immigrants "New"? They came from new regions than previous immigrants (Southern & Eastern Europeans). They also were of different religions (Catholic & Jewish) Melting Pot Theory: Belief that when immigrants arrive in the United States, that they will assimilate into American culture and they have brought new ideas that have helped United States become a better nation. Pluralist Theory (a.k.a. Salad Bowl Theory): Belief that when immigrants arrive in the United States, that they will retain much of their own unique cultures and that immigrants will corrupt the American way of life. Where do immigrants settle?: 1) Most settle in the North East in the cities (most job opportunities) 2) Some settle along the West coast in the cities (most Asians) 3) Many settle in the Mid West (Great Plains) as a result of the Homestead Act and the Oklahoma Land Grab (provided immigrants with free land). Americans that SUPPORT immigration: 1) Business owners: saw immigrants as a cheap work force 2) Politicians: Party Bosses (like Boss Tweed in NYC) helped immigrants when they arrived and expected their loyalty come voting time Americans that were AGAINST immigration: 1) Nativists: anti-immigrant groups 2) unions: saw immigrants that would work for low pay, less than their workers US Immigration Policies: 1) Open Immigration (1776 – 1921): Allowed ANY immigrants to come into the United States Why?: US businesses needed factory workers, people to settle the West, immigrants brought new ideas 2) Open with Restrictions (1882 – 1921): Stopped less desirable groups of immigrants from coming into the US Why?: Nativists (people that were against immigrants) wanted to stop immigrants from corrupting American culture and from taking American jobs. Examples of Immigration Restriction policies: 2a) Chinese Exclusion Act (1882): Stopped all Chinese immigrants from coming to the US for 10 years. It was re-newed again 2 more times. 2b) Gentleman's Agreement (1907): Kept Japanese immigrants from coming to the United States (also allowed Japanese immigrants that were already in the US to send their children to "white" segregated schools.) 2c) Literacy Test (1917): Forced immigrants to be able to read and write (in any language) before being admitted to the US. Kept out uneducated immigrants. 3) Quotas (a.k.a. the National Origins Act) (1921 – 1965): Quotas greatly reduced immigration into the US. An immigrant's national origin affects his/her ability to get into the US. Quotas SLIGHTLY reduced the number of immigrants that came in from Northern & Western Europe, GREATLY reduced the number of immigrants that came from Southern & Europe, and STOPPED all Asians from immigrating to the US. Why?: 1) Nativists wanted to keep out all immigrants, especially the ―less desirable‖ new immigrants from Southern and Eastern European that were Catholic & Jewish and the Asians that looked different and had different cultures. 2) Americans became isolationist after World War I (which ended in 1919) 3) The Red Scare, Americans were afraid that Eastern European immigrants, specifically those from Russia, would bring communism to the US since the Russian Bolshevik Revolution had just occurred in 1917. 4) Skills based Immigration Policy (1965 – present): President Johnson's Immigration Policy places less emphasis on an immigrant's national origin, instead the skills, education, wealth, and family ties are more important now. WHY? The Cold War (1945 – 1991) had escalated tensions between the Soviet Union and the US. In 1957, the Soviet Union launched Sputnik, a Soviet satellite. It was the first time the US was technologically behind the Soviets. The hope was that by allowing more immigrants in to the US that possessed higher levels of education and specific skills, these immigrants could make the US more technologically advanced than the Soviet Union again. Recent Immigration Policies & Concerns: Many illegal immigrants have been flooding into the United States through Mexico in search of better economic opportunities. Nativist groups have called for the removal of the 12+ million illegal immigrants out of the United States and to build a wall along the United States' southern border to keep people from coming to the United States illegally. Unit 6 – The West, Populists, Progressive Era THE WEST: Frontier: the area of land that Americans were just beginning to settle. The frontier was pushed west (shifted west) as America expanded westward. Ex. In 1800, the Western Frontier was Ohio. In the mid 1800"s, the Western Frontier was in Colorado, Wyoming, Arizona, … Manifest Destiny: Definition: it is the United States' ―god given right‖ to expand westward from the Atlantic Ocean to the Pacific Ocean, to possess the entire continent Examples of Manifest Destiny: 1) Louisiana Purchase (1803) 2) Texas Annexation (1845) 3) Oregon Treaty (1946) 4) Mexican Cession (1848) 5) Gadsden Purchase (1853) How does the United States do this? War – (Mexican American War gets the US the Mexican Cession) Annexation – (Texas) Treaties – (Florida, Oregon) Buying / Purchase – (Louisiana, Florida, Gadsen) As the nation expanded (early 1800's – 1850's), what were the biggest problems that occurred? - fight over slavery (should territory be free or slave) - fights with Native Americans - settling the land - keeping the entire united Why do settlers go to California in the mid-1800's?: Discovery of gold in 1849 Government policies to aid Westward Expansion: The following laws were signed by Lincoln in an effort to unite the nation and to fill in the unsettled areas of the territories. Homestead Act (1862): provided free land to people to settle the western territories, specifically the Great Plains Pacific Railway Act (1862): provided land and money to railroad companies to build the transcontinental railroad. Oklahoma Land Grab (1889): this ―land rush‖ provided more free land to settlers Affect of Westward Expansion on Native Americans: Indian Removal Act (1830): Forced Native Americans onto reservations west of the Mississippi River (Signed by President Andrew Jackson) Trail of Tears (1838 – 1839): 15,000 Cherokee Indians were forced to re-locate from Georgia to Oklahoma. Over 4000 men, women, and children died during the move. Settlers and trains take Native American land, kill their buffalo as they moved westward, especially on the Great Plains. Sioux Wars (1854 – 1890): Native American tribes, under the leadership of great men like Sitting Bull and Crazy Horse, fight & kill settlers and the US army in a failed attempt to stop the ―white man‖ from taking their land. Dawes Act: (1887) tries to civilize the Native Americans. Attempt to assimilate them into American society (get them to blend in). Move Native Americans off reservations, outlaw their religion & language Purpose: to rid the nation of Native Americans, or at least take their land and destroy their culture. Populist and Granger Movements: General West Information: Agricultural Revolution: New technology developed during the Gilded Age's industrialization allows for farmers to produce more crops. The increase in crop production is needed to feed the growing urban populations. California Gold Rush: the discovery of gold in the San Francisco, California area in 1849 lures many Americans to settle in the West. The Grange: Group that attempted to help farmers, especially against the railroads Grange Laws: Mid-Western states, like Illinois, passed laws that restricted how much railroads could charge small town farms. These ―Grange Laws‖ protected farmers from being charged higher prices by the railroads that had a monopoly in small towns. (Forced railroads to lower their rates) Wabash v. Illinois (1886): Illinois had passed a Grange Law that was ruled unconstitutional in this Supreme Court decision. Because the railroads went across state lines, the Grange Law passed by Illinois was unable to regulate railroad rates. Because of this Supreme Court case, though, the federal government created the Interstate Commerce Commission in 1887 to regulate railroad rates. The Populist Party: Political Party that also wanted to protect and improve conditions for farmers Concerns: 1) The increase in production of farm goods caused food prices to go down. 2) With farmers making smaller profits, more had to borrow money from banks, causing an increase in their debt. 3) Railroads overcharged small town farmers Goals: 1) Create an income tax on richest Americans – (becomes 16th Amendment) 2) Direct (Popular) election of Senators – (becomes 17th Amendment) 3) Government to own all railroads – (doesn"t happen) 4) ―Free Silver‖ – would create more money in circulation, decreases money value (causes inflation). (Farmers thought this would allow them to charge higher prices and they could pay off their debt) – (doesn"t happen) Most important leader: William Jennings Bryan (famous for his "Cross of Gold" speech that supported "Free Silver") Why successful?: Many of their ideas were made into law. PROGRESSIVES: Causes of the Progressive Era: Problems created by Industrialization 1) Power of Big Business: - Monopolies limited competition – went against free enterprise system Ex. Railroads – Vanderbilt in NYC area, Standard Oil – Rockefeller – controlled 90% of oil refining * - Big Business corrupted politicians Ex. Cartoon – ―Vulture's Roost‖ * & ―Senate of the Monopolists‖ * - Big Business had too much control over America (socially, economically, politically) - Few became very rich, most were poor (growing middle class was good) Ex. 3 richest men in US history – Rockefeller, Carnegie, Vanderbilt – all came from this period of time. * Ex. This is why it is called the Gilded Age. - Laissez faire & government helping businesses made the problems worse Ex. Railroads given $ and land, protective tariffs helped factories, government was against unions & supported management in conflicts 2) Conditions of workers: - 60 hour work weeks - child labor (started as early as 3, home work / piece work, dangerous machinery, no mandatory education, paid less, long term health effects – cotton fields, over machinery, coal mines – black lung) - unsafe, unhealthy conditions Ex. Poor lighting, no safety guards / standards, poor ventilations, chemicals (acids burned knuckles of workers, knives cut off fingers), no fire codes, long hours, no insurance / workers compensation - low wages (10 to 20 cents per hour) - little job security (unions not welcome, hired cheaper immigrants) 3) Horrible Life for Urban Poor: - squalor conditions in tenement houses (No building codes) - polluted water, poor sanitation (no running water/plumbing, dirty streets) (5 Points area was a cesspool, swamp) - high crime (Gangs) - fire hazards (gangs controlled fire dept., no safety standards – Triangle Fire) - over crowded (10 cents a night picture) 4) Lack of support from the government: - Corruption at all levels (ex. Tammany Hall in NYC, cities are run by political bosses like Boss Tweed in NYC) - Bribery by monopolists (ex. Vanderbilt bribed the NYS legislature during fight with Gould over Erie RR) - laissez-faire (close ties to / support of business) Goals of the Progressives: Generally speaking: Want to expand democracy and then use the government to correct the social and economic problems caused by industrialization. First Goal of the Progressives: Expand Democracy: (Giving the people more power over the government) 17th Amendment: Direct / popular election of senators (people directly elect them; used be that senators by chosen by the state legislatures) th 19 Amendment: Women's suffrage Recall: vote a public official OUT of office Primary Elections: political parties allow the people to chose their candidates Initiative: the people can get a proposed law onto the ballot by getting a petition signed, then whatever voters decide, happens. If the people vote in favor of the proposed law, it becomes law. NO legislature or executive involved. Referendum: a bill passed by a state legislature that the people vote to approve or reject, instead of the governor signing it into law or vetoing it. Thomas Nast: a political cartoonist that identified political corruption. (His drawings helped spotlight the corrupt actions of Tammany Hall & Boss Tweed in NYC. It led to the arrest and conviction of these men.) Lincoln Steffans: wrote a book entitled The Shame of Cities. (Investigated the corruption in the nation"s cities - like St. Louis and NYC. Highlighted how party Bosses corrupted and misled the people.) Second Goal of the Progressives: Social Reform: Muckrakers: people that exposed corruption or wrong doing during the Progressive Era. (Ex. Thomas Nast, Jacob Riis, Frank Norris, Upton Sinclair, …) Reformers: those that actually lead the calls for change during the Progressive Era or carried out the changes during this time period. Jane Addams: creates the Hull House. Created this settlement house in Chicago to assist poor & immigrants get child care, education classes, cultural events, health-care, & legal aid. (kindergarten, citizenship & English classes). Jacob Riis: writer and photographer. Created a book entitled How the Other Half Lives. It documented the lives of the urban poor of NYC in words and pictures. Exposed the horrors of tenement living. (Ex. 5 cents a night, Jewtown ghetto, pollution, overcrowding, lives of children, child labor.) Inspired New York State and NYC to pass building codes and to promote safety & health. Upton Sinclair: wrote a book entitled The Jungle. Sinclair Investigated the dangerous working conditions and unsanitary procedures in the meat packing industry in Chicago. (Ex. – businesses were like slave drivers; meat was contaminated – rats, feces, rotten, dirt, nails, filthy water; stench; maggots – hot blood, feces, urine, non-refrigerated meat, flies, open sewers; injuries – chemicals eating away fingers, body parts cut off.) The Jungle Inspired President Teddy Roosevelt to create and sign into law the Meat Inspection Act (1906) and the Pure Food and Drug Act (1906) Booker T. Washington: believed that in order for blacks to become equal and to overcome segregation, blacks needed to develop a skill, to get a vocational education. Washington created a technical school called the Tuskegee Institute. W.E.B. DuBois: helps create the NAACP (National Association for the Advancement of Colored People). DuBois wants immediate equality for blacks and an end to segregation laws. Temperance / Prohibition Movement: supported a ban on the sale and consumption of alcohol. Many women supported this movement because it would protect women from spousal abuse. Most famous leader: Carrie Nation Result: The 18th Amendment outlawed the sale & consumption of alcohol Third Goal of the Progressives: Economic Reform: Generally speaking, Progressives were against the federal government"s laissez- faire policy. Progressives wanted the federal government to regulate businesses and the economy. Why?: Businesses had abused their power by creating monopolies, crushing competitors, hurting workers, and poisoning consumers. Businesses had to be regulated to protect the public interest. Interstate Commerce Commission (1887): The ICC was created after the Supreme Court case of Wabash v. Illinois Goal: regulate Big Business, especially the railroads Sherman Anti-Trust Act (1890): (―Anti‖ means ―against‖) 1) outlaws monopolies 2) protects small business and competition Clayton Anti-Trust Act (1914): (―Anti‖ means ―against‖) 1) outlaws monopolies 2) protects small business and competition (Clayton closed some of the loopholes found within the Sherman Anti- Trust Act) th 16 Amendment: allows the federal government to create an income tax. Purpose: the federal government can create a graduated / progressive tax that will tax the rich at a higher rate, thereby taking away some of their power Federal Reserve System (1913): Bank for banks Purpose: - stabilizes the money supply - issues new currency (money) - can raise and lower interest rates Why raise interest rates?: If inflation is going up, people are spending too much, so the Federal Reserve will raise interest rates to make it harder to borrow money Why lower interest rates?: When the economy is in a recession or depression, the Federal Reserve System will lower interest rates so people can borrow money easier. Florence Kelley: worked at Hull House in Chicago. Collected statistics on Child Labor. (Found children as young as 3 working, exposed horrors of child labor.) Became factory inspector. Formed National Consumer League in NYC. Protection of children & End of Child Labor: 1893 - Illinois bans child labor 1916 – Federal government bans child labor Late 1800's – Illinois creates the first children's courts 1912 – Federal Children's Bureau (protect children"s rights) 1913 – Dept of Child Labor (created to protect working people, including children.) 1900 – 32 states have compulsory education Lochner v. NY (1905): Allows male workers to negotiate their number of hours Muller v. Oregon (1908): Protects women by mandating a maximum 60 hour work week. Decisions says that states can regulate things that deal with: health, safety, morals, and public welfare. Frank Norris: wrote The Octopus. Fictional story that described the battles between California ranchers and Southern Pacific Railroad monopoly. (Some contend that his writings influenced the Supreme Court"s decision in "Northern Securities v. US (1904)" – they ordered the west coast railroad to break up.) Ida Tarbell: wrote the "History of Standard Oil Company". She detailed the ruthless practices of Standard Oil Trust. (Ex. Rebates; Drawbacks; controlled 90% of oil refining; controlled RR, iron, steel, chemical, lumber companies; influence over the stock market; drove competitors out of business.) Led to the Supreme Court ordering Standard Oil to be broken up (Standard Oil of New Jersey v. US – 1911). Labor Issues: Triangle Shirtwaist Company Fire (1911): drew attention to the need to protect the safety of workers Labor unions: gained improved wages and hours for workers Progressive President – Teddy Roosevelt (1901 – 1909): Used power of the federal government to regulate Big Business: (opposed laissez-faire) Examples: 1) Signed the Pure Food and Drug Act and the Meat Inspection Act in 1906 after reading The Jungle. (Protected consumers) 2) Regulated ―good‖ trusts 3) Broke up ―bad‖ trusts. (His administration used the Sherman Anti-Trust Act to breakup the Northern Securities railroad as a result of the Northern Securities v. US Supreme Court case.) Teddy Roosevelt earned the nickname ―Trustbuster.‖ Conservationism: Roosevelt believed that wilderness areas and their resources should be protected for the public good. "Bull Moose" Party (a.k.a. The Progressive Party): Teddy Roosevelt led this 3rd party when he ran for president in 1912. Roosevelt lost the Republican nomination for president to the incumbent president, President Taft. Women's Rights: Begins with: Seneca Falls Convention (1848) – start of the Women's Rights movement Declaration of Sentiments: Speech by Elizabeth Cady Stanton Inspired by the Declaration of Independence Wanted equal rights for women (specifically, the right to vote) Listed grievances / abuses of men against women Susan B. Anthony: woman suffragist. Conducted an act of civil disobedience when she attempted to vote in 1872. She petitioned the government to get the right to vote. She wrote the 19th Amendment, it is named after her. Carrie Chapman Catt: leader of NAWSA (National American Woman Suffrage Association) Fought for women's right to vote at national and state levels. The West: Western territories and states granted women the right to vote much earlier than Eastern areas. Why?: women were given a higher status in the Western frontier since they were needed to settle the territories and work the land Alice Paul: this radical suffragist was called an "Iron Jawed Angel" because she protested outside the White House during World War I in an effort to get women the right to vote. She was placed in jail and went on a hunger strike. 19th Amendment: (a.k.a. the Susan B. Anthony Amendment) Women's Suffrage Amendment – provided women with the right to vote. President Wilson officially supports the ratification of the 19th Amendment because of all of the work they did in the factories while the men were away fighting in World War I. Equal Rights Amendment (ERA Amendment): first proposed by Alice Paul in 1923 to guarantee women ―equal rights.‖ Eventually ratified by only 35 states, needed 38. The Feminine Mystique – Betty Friedan (1960's): Feminine: means women What it does: It inspires the modern Women's Rights Movement Title IX: one provision of the 1972 Education Act, requires equal funding for women's athletics. Unit 7 – Expansionism/Imperialism, US Foreign Policy, World War I Expansionism: policy of the United States ―expanding‖ overseas to take over new territories (Expansionism is another word for Imperialism, it just sounds nicer.) Cause of US Expansion: 1) Growth of Big Business in the late 1800's a) Need for raw materials b) Need for new markets to sell the manufactured goods – US factories could produce much more than the US public could purchase. 2) Growth of Naval Power a) Need to protect US businesses and their shipping lanes b) This creates a need for overseas bases. 3) Manifest Destiny & the closing of the frontier in 1890 leads to desire to expand elsewhere. 4) Social Darwinism: a) Americans believed that we should be able to take over weaker countries – survival of the fittest. b) We were bringing advancements to those that don't have any. (Superiority) Imperialism - The Great Debate: Like Manifest Destiny, the US expands overseas ―by military conquest, treaty, and purchase.‖ Supporters of Imperialism / expansionism: - need for raw materials & new markets - protecting US interests - protecting US colonies and its new empire - bringing advancements to other areas of the world - needed to offset the expansion of other world powers Famous Supporters: Teddy Roosevelt, Alfred T. Mahan, Senator Henry Cabot Lodge Against Imperialism / expansionism: - not democratic to overthrow other governments, take over their people, and not to give these individuals full American rights - new people and their cultures would corrupt American culture - an empire would drag the US into wars, violating traditional foreign policy of neutrality - nothing in the Constitution states that the government can take over other lands Expansion of the United States into Asia: Commodore Matthew Perry: opens up Japan to trade with the United States Open Door Policy (1899): US wants to trade freely with China / Asia. (This was announced because the European powers had already divided China into different "spheres of influence") Hawaii: US sugar growers on the islands of Hawaii staged a revolution in 1890 with the help of US Marines. They successfully overthrew the monarch of the independent, archipelago nation. Hawaii officially became a US possession in 1898. (Hawaii was an important area of land because it is strategically located half way across the Pacific Ocean and provides a friendly place to refuel ships and to station navy vessels to protect US shipping lanes.) Samoa: Another small Pacific Island nation that the US seized to protect shipping lanes. The United States control over Latin America: Why does the United States intervene in Latin America and some examples: 1) Geographic Proximity: Latin America is everything south of the United States. Because the US is much closer to this region than the Europeans are, America believes it has a right to control this area. 2) Monroe Doctrine (1823): US states that it will stay out of European affairs, but that Europeans must NOT interfere in the affairs of the Americas. Why does the US issue the Monroe Doctrine?: The US is afraid that European nations will try to re-conquer their old colonies (the newly independent nations of Peru, Venezuela, Haiti, …) and then interfere in American affairs. 3) Protect new markets and access to raw materials: US businesses expand into Latin America, building large plantations to grow cash crops and other facilities to get the regions raw materials back to US factories. Also, the same US business would sell their finished goods back to Latin America. 4) The Spanish – American War (1898): Causes: - Yellow Journalism: overly exaggerated stories - protecting US business interests Results: - US becomes a world power with overseas possessions (US begins an empire, uses imperialism) - US takes possession of Puerto Rico, Guam, & Philippines - Cuba becomes independent, but largely influenced by US 5) Panama Canal (1903): President Teddy Roosevelt and the US government supports a revolution in Panama so that they can build a canal across this narrow country. Why need the Panama Canal?: so US naval ships and trading ships can quickly sail from the Atlantic Ocean (east coast) to the Atlantic Ocean (west coast). The canal was especially important after the US had taken control of possessions in the Pacific / Asia and since it was now a world power. 6) Roosevelt Corollary (1904): President Teddy Roosevelt creates an extension to the Monroe Doctrine using his ―Big Stick‖ policy. He uses the United States' new naval power to become more directly involved in the affairs of Latin American nations in order to protect US business interests in the region. (It justifies intervention in Latin America) World War I: When World War I begins in Europe in 1914, the United States adheres to its traditional foreign policy of neutrality. The US chooses to NOT send troops or to be directly involved in WWI. Instead, the US chooses to trade with both sides. Causes of U.S. Involvement in WWI: Trading more with the Allies: Although the US traded with both sides before World War I, the British blockade of Germany hurt US trade with that country. As the war in Europe continued, US trade with England and France increased while trade with Germany decreased. "Make the world safe for democracy": Because the Central Powers of Germany, Austria-Hungary, and the Ottoman Empire were all dictatorships while the Allies of England and France were democracies, President Wilson justified our involvement in World War I as an attempt to ―Make the world safe for democracy.‖ Unrestricted submarine warfare: What was it?: German U-boats attacked all ships that were NOT flying the German flag. How affected the US?: President Wilson believed that since the US was not directly involved in the war, that all neutral countries had a ―freedom of the seas.‖ Many US merchant ships were destroyed delivering supplies to the Allies. Most famous example: the British passenger liner, the Lusitania, was sunk by German submarines. During World War I: Trade: World War I, helped the US economy Why?: many farms and factories in Europe were destroyed during World War I, but America was untouched by the war. Therefore, US farm production and factory production increased to provide the needed supplies and food to the Allies. Affect on Americans: As factory production expands during World War I and many white males go to Europe to fight, African Americans move from the South to work in the Northern factories (and to escape the Southern Jim Crow laws). This is called the Great Migration. Women also work in the American factories, gaining more economic power and, eventually, the right to vote for their efforts during the war. Schenck v. US (1919): Schenck was a socialist. Tried to convince Americans to NOT follow the draft. This violated the Espionage Act – which made it illegal to interfere with the draft. He was arrested & convicted. Schenck felt his 1st Amendment rights of freedom of expression and freedom of speech were violated. Supreme Court decision: Your ―rights are NOT absolute,‖ especially during wartime. ―Can't yell fire in a theater.‖ Schenck's actions created a ―clear and present danger‖ to this country (meaning his words and actions created a threat to the nation). After World War I: The 14 Points: What was it?: President Wilson's plan to end all war ("to define post war objectives") What were some of its provisions?: Freedom of the Seas: nations should be guaranteed the right to freely use the world's seas without fear of being attacked. Self-Determination: the people of the world, including those that live in colonies, should have the right to decide for themselves what government they want and whether to create their own nations. League of Nations: an international organization designed to discuss problems between nations and maintain world peace. Points adopted: Only the League of Nations Treaty of Versailles: Purpose: to formally end World War I Most controversial provisions: Germany must pay war reparations (this demand becomes a major cause of World War II) League of Nations: Why controversial: one provision of the League of Nations states that if a member nation is attacked, all member nations must assist in the defense of this nation Why is this a problem?: the US wanted to return to a foreign policy of neutrality and isolationism after World War I. Few Americans beyond President Wilson wanted to become involved with global affairs after World War I. US response to the League of Nations: the US Senate has the power to approve or reject all treaties. (The president has the power to negotiate all treaties, this is an excellent example of checks and balances.) The Senate rejected the Treaty of Versailles. Why does US Senate reject Treaty of Versailles?: Senate was afraid that the US would get dragged into a ―foreign entanglement,‖ especially a war in Europe. Unit 8 – 1920's Political - Domestic Concerns: After World War I, the US wants to return to a policy of neutrality / isolationism. Why?: a) Just finished World War I and just got involved in a war in Europe Most Americans resented going against our traditional foreign policy of neutrality. b) Fear of foreigners, and their ideas, corrupting America, especially after the Russian Revolution of 1917. Why is Russian Revolution a concern to the US?: 1) The Russian became communist. 2) The 1st New Wave of Immigration was occurring. The largest number of immigrants were coming to the US from Southern & Eastern Europe (More immigrants were coming in from Russia than any other Eastern European country at this time.) 3) US thought the Russian immigrants would try to stage a communist revolution here. US reaction to its Fear of foreigners: a) Nativism: an anti-immigrant sentiment sweeps the nation. Americans want to keep foreigners, and their different ideas, out of the United States. It also leads to the growth of hate groups like the Ku Klux Klan (KKK). b) Red Scare: fear of communism spreads across the US. The federal government conducts the Palmer Raids – government imprisons suspected communists based on very little evidence. c) Quota System: Because of nativist ideas and the Red Scare, the US passes the first National Origins Act in 1921. This restricts / limits immigrants from coming into the US, especially the ―new‖ immigrants from Southern & Eastern Europe. Those from Northern & Western Europe were only slightly affected. d) Sacco & Vanzetti Trial: These immigrants were put on trial for murder. Many believed they were found guilty because they were immigrants, Italians, & radicals. (Good example of the anti- immigrants sentiments of the 1920"s) Political - Foreign Policy: Neutrality / Isolationism: US never joins the League of Nations since the US Senate rejected the Treaty of Versailles. (The US can truly be called isolationist because it tries to cut itself off from most of the world with high tariffs and the Quota System) US, like most nations of the world, never wanted to get involved in another war. This is why the US was involved with several international agreements: a) Washington Conference (1921–1922) b) Kellogg-Briand Pact (1928) Both attempted to avoid another war, put both were difficult to enforce Economics: Return to Laissez-faire: During the Progressive Era and World War I, the government placed more control over the economy and Big Business. The 1920's brought a Return to Normalcy, allowing for the free enterprise system to control itself. (It was a return to laissez-faire capitalism.) Roaring Twenties: The United States economy, specifically its factories in the cities, produced an age of wealth for many Americans. This created a desire for consumer goods (see consumer economy). Consumer Economy: Factories produced consumer goods, merchandise made to make our lives easier or more enjoyable. (Ex. Washing machines, stoves, pianos, cars) These goods were mass produced, lowering costs to consumers. Installment Plan: Americans consumer goods on credit. Paid for the products over time. Businesses offered to sell goods on credit because factories were over producing, wanted people to buy goods they couldn't afford otherwise. Speculation: Americans began investing in the stock market by buying stock on-margin (borrowing money to buy more stock than an investor can afford) American farmers: suffered during the 1920's due to overproduction. Why?: Farmers continued to produce the amount of crops needed to feed Europe during World War I even after the European farmers could grow their own goods. Result: This surplus of farm goods led to a decrease in prices and a decrease in profits. Social Changes: There are many examples of the 1920"s of the conflict between traditional and modern values. Examples: Flappers v. traditional woman"s roles; those that followed and violated Prohibition; Scopes Trial. Women's Rights & Prohibition: Begins with: Seneca Falls Convention (1848) – start of the Women's Rights movement Declaration of Sentiments: Speech by Elizabeth Cady Stanton Inspired by the Declaration of Independence Wanted equal rights for women (specifically, the right to vote) Listed grievances / abuses of men against women 19th Amendment: (a.k.a. the Susan B. Anthony Amendment) Women's Suffrage Amendment – provided women with the right to vote. President Wilson officially supports the ratification of the 19th Amendment because of all of the work they did in the factories while the men were away fighting in World War I. (Before this, only the Western states & territories had given women the right to vote.) Flappers: Symbol of the change in women. Flappers wore short skirts/dresses, long beads, make up, & hats; had short hair; drank; smoked; and rebelled against traditional views of what a woman should be. Temperance / Prohibition Movement: supported a ban on the sale and consumption of alcohol. Many women supported this movement because it would protect women from spousal abuse. Most famous leader: Carrie Nation 18th Amendment: outlawed the sale & consumption of alcohol Result: organized crime increased (Ex. Al Capone and other bootleggers illegally brought alcohol into the US and sold it at speakeasies – illegal bars) Example of: how unpopular laws are hard to enforce What happens to the 18th Amendment?: The 21st Amendment repeals the 18th Amendment (in order to change an amendment, you must add an amendment) Urbanization: For the first time in US history, more people live in the cities than in rural areas. Why?: The migration of people to the cities to get jobs in the factories (increased industrialization). Where did the people come from?: Immigrants came from other countries, blacks came from the South, farmers came from the countryside. Harlem Renaissance: What was it: recognition of black cultural advancements in the arts and literature Famous leaders: Langston Hughes: noted poet & author. Wrote about how blacks were leaving the South to escape Jim Crow laws, of black pride (self- respect), and black accomplishments Duke Ellington: famous jazz composer and entertainer (Jazz was the music of the 1920"s, created by African Americans) John Scopes Trial ("The Monkey Trial"): Case is about teaching evolution in schools How it appears on Regents: Great example of ―modern ideas versus traditional (conservative) ideas‖ OR ―a conflict over cultural values‖ OR ―clash between religious and scientific ideas‖ Unit 9 – Great Depression, Causes of World War II, World War II Causes of the Great Depression: 1) over production of consumer goods (pianos, cars, washing machines) 2) unequal distribution of wealth (not a lot of rich, but a lot of poor) 3) over speculation in the stock market (buying stock on-margin) 4) installment plan (consumers bought goods on credit) 5) little regulation of banking and businesses 6) raised interest rates, harder to borrow money 7) last cause was the stock market crash Immediate Effects of the Great Depression: "Hoovervilles": Shanty towns located in the nation's cities and countrysides Why called "Hoovervilles": Americans blamed President Hoover for their current situation and the Great Depression. Why was President Hoover blamed?: Hoover refused to provide direct aid to the homeless and others suffering during the Great Depression. Bonus Army: In 1932, World War I veterans went to Washington, D.C. to receive an early payment on the Bonus they earned for fighting on behalf of our nation. The veterans wanted their money to survive because they had lost everything during the Depression. President Hoover refused to pay them because the payment wasn't due until 1945. Hoover sent in the military to crush the veteran protestors. Election of 1932: finish this one FDR – New Deal programs ruled unconstitutional: One program that was ruled unconstitutional was AAA (First Agricultural Adjustment Act). Main reason why these programs were ruled unconstitutional: president over extended his constitutional powers (Ex. In Schechter Poultry v. US – president had tried to regulate interstate and intrastate through the NIRA (National Industrial Recovery Act). Congress regulates interstate, States regulate intrastate). FDR's "Packing" of the Supreme Court: After the Supreme Court declares several of FDR's New Deal programs unconstitutional, he asks Congress to add 6 new justices to the Supreme Court (one for every judge over 70). He wants to change the number of judges from 9 to 15. In reality, FDR is trying to control the Supreme Court by appointing judges loyal to him. Congress rejects his plan because it violates the system of checks of balances. Causes of World War II US Foreign Policy BEFORE World War II: First, US returns to a foreign policy of Neutrality / Isolationism immediately AFTER World War I. (Ex. US Senate rejects the Treaty of Versailles because of the League of Nations; US restricts immigration into the US by creating the Quota System) By the mid-1930's, as Hitler comes to power in Germany, and fear of another war in Europe begins to grow, the US passes a series of Neutrality Acts in 1935, 1936, & 1937. Specifically, they say the US can NOT trade with any nation that is at war. Purpose: US does NOT want to get dragged into another war, like it did during World War I. As World War II begins in Europe, the US slowly becomes more involved in helping the Allies. Eventually, with the bombing of Pearl Harbor, the US becomes directly involved with the war. Examples: 1939 – Cash & Carry – US begins trading nations at war, but the nation must pay for goods with cash and bring their own boats to take their own goods back with them. (US does not want their ships to be blown up like they did before World War I, which was one of the reasons we got dragged into WWI.) 1940 – Destroyers for Bases – England is running out of money, US gives them old Naval ships in exchange for 99 year leases for military bases around the world. 1941 – Lend – Lease – US becomes the ―arsenal of democracy.‖ US provides military aid to nations involved with fighting Germany, Japan, & Italy WITHOUT sending troops. Help Allies (England) against the Axis Powers (Germany, Japan, Italy) Why US gets involved in World War II: 1) stop totalitarian aggression (fascists) 2) defend democracy (help Allies like England) 3) attack on Pearl Harbor World War II World War II's Effect upon African Americans: Jim Crow: US military was still segregated during World War II. President Truman integrates armed forces AFTER World War II. The Great Migration: When blacks moved from the South to the Northern cities. WHY? To take jobs in the factories that were left open by whites that were drafted in the military. Also, blacks were escaping Jim Crow laws in the South. World War II's Effect upon Women: While men were off fighting and the factories were expanding (it was the end of the Great Depression and the US was producing war goods for us and for the rest of the Allies as part of Lend – Lease), women were called to duty by working in American factories. (Also helped in military as nurses, secretaries) Rosie the Riveter: (picture) stereotypical American woman that worked in the factories (Strong, can do what a man can do) Atomic Bomb: - created as part of the Manhattan Project (top secret) - very controversial (Some were against due to the high death toll, others said we would save American lives by using it.) (The morality of its use was questioned) Korematsu v. US (1944): During World War II, the US military placed Japanese Americans that lived on the West Coast in ―internment camps.‖ Korematsu sued for his freedom, Supreme Court ruled that rights are limited during wartime – rights are NOT absolute. Supreme Court had made a similar ruling during World War I in Schenck v. US. FDR's presidency during World War II: Elected for a third (1940) and fourth (1944) term. Only president to be elected more than two times. He violated the unwritten constitution (traditions, precedents, customs that the government follows) by serving more than two terms. Result: 22nd Amendment is ratified (president can only serve 2 terms) Eleanor Roosevelt: wife of FDR, famous for being very involved with her husband's administration, greatly assisted with the New Deal programs – especially geared toward helping the poor, huge proponent of the United Nations after World War II & Women's Rights GI Bill: provided money for loans and education to veterans. Veterans returning from WWII need assistance and the GI Bill provided this Unit 10 - Early Cold War (Domestic & Foreign) Foreign Policy: Truman Doctrine: Aid for Greece and Turkey ($440 million in first year, $660 million over three years). Economic aid and military assistance. Purpose: - Help rebuild their economies - Stabilize their countries - Provide security within their borders Why? Prevent the spread of communism. The Soviets successfully spread communism throughout Eastern Europe, wanted to spread it South to the Mediterranean Sea Marshall Plan: Aid for Western Europe after World War II ($13 Billion), specifically for the destroyed ―free‖ nations like England, France, West Germany and Italy. Purpose: - Help rebuild their economies - Stabilize their countries - Provide security within their borders Why? Prevent the spread of communism. The Soviets successfully spread communism throughout Eastern Europe, wanted to spread it South to the Mediterranean Sea North Atlantic Treaty Organization (NATO): Began in 1949. Example of mutual assistance. The free countries of Western Europe and the US and Canada created an alliance against the Communist nations (the Soviet Union and the ―Warsaw Pact‖) that said if any member nation was attacked, the other nations would come to their aid. This is during the Cold War. Domestic Policy: McCarthyism: Senator Joseph McCarthy believed communists had infiltrated the US government and the Pentagon (military). He went on a witch hunt – he recklessly accused individuals of being communists with very little evidence. People's civil liberties were not being protected. He helped spread the US' fear of communism. Often compared to the Red Scare after World War I and the Palmer Raids. House of Un-American Activities Committee (HUAC): The House of Representatives version of McCarthyism. Recklessly accused individuals of being communists. Resulted in individuals being blacklisted. Unit 11 – Civil Rights The Little Rock Nine: 9 African American students were chosen to integrate the all white Central High School in Little Rock, Arkansas. Whites hated integration. The Governor of Arkansas (Gov. Faubus) sends in the National Guard to keep the blacks from entering the school, going against the Supreme Court's decision in Brown v. the Board of Education. President Eisenhower eventually gets involved, nationalizes the National Guard and sends them home. Eisenhower then sends in the 101st airborne to protect the black students. Great example of the fight for civil rights and federalism. Affirmative Action: Started in the 1960's, extension to the Civil Rights movement. Idea behind it is to create an even playing field for all groups of people. Specifically, that means giving special preferences to minorities and women in terms of jobs, college openings, or government contracts. Very controversial Civil Rights Brown v. Board of Education & Integration ―We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.‖ —Brown v. Board of Education (1954) 1) Which constitutional idea was the basis for this Supreme Court decision? equal protection of the law. 2) This quotation illustrates the Supreme Court's power to overrule state laws. ". . . I was disappointed not to see what is inside Central High School. I don"t understand why the governor [of Arkansas] sent grown-up soldiers to keep us out. I don"t know if I should go back. But Grandma is right, if I don"t go back, they will think they have won. They will think they can use soldiers to frighten us, and we"ll always have to obey them. They"ll always be in charge if I don"t go back to Central and make the integration happen. . . ." — Melba Beals, Warriors Don"t Cry, an African American student, 1957 3) President Dwight D. Eisenhower reacted to the situation described in this passage by sending federal troops to enforce integration. 4) Which constitutional principle was tested in the cases of Plessy v. Ferguson and Brown v. Board of Education of Topeka? equal protection of the law Base your answer to question 5 on the statement below and on your knowledge of social studies. ". . . Whenever normal agencies prove inadequate to the task and it becomes necessary for the Executive Branch of the Federal Government to use its powers and authority to uphold Federal Courts, the President"s responsibility is inescapable. In accordance with that responsibility, I have today issued an Executive Order directing the use of troops under Federal authority to aid in the execution of Federal law at Little Rock, Arkansas. This became necessary when my Proclamation of yesterday was not observed, and the obstruction of justice still continues. . . ." — President Dwight D. Eisenhower, September 24, 1957 5) The situation described in this statement grew out of efforts to enforce the decision in Brown v. Board of Education of Topeka. 6) In 1957, President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas, to enforce a Supreme Court decision to desegregate public schools. 7) In 1954, the Supreme Court decision in Brown v. Board of Education of Topeka advanced the civil rights movement by declaring that racial segregation in public schools violated the 14th amendment. 8) Information provided by the map most clearly supports the conclusion that by 1964 racial desegregation of Southern schools was occurring at different rates in Southern states. 9) The school desegregation that is shown on the map was most affected by the decision of the Supreme Court in Brown v. Board of Education of Topeka. Martin Luther King, Jr. 1) ―I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident; that all men are created equal."‖ —Martin Luther King, Jr. Washington, D.C., 1963 Which step was taken following this speech to advance the dream of Martin Luther King, Jr.? passage of new civil rights acts 2) ―I would agree with Saint Augustine that "An unjust law is no law at all." ‖ — Dr. Martin Luther King, Jr. ―Letter From Birmingham City Jail‖ This statement was used by Dr. King to show support for civil disobedience. 3) Martin Luther King, Jr. first emerged as a leader of the civil rights movement when he led the bus boycott in Montgomery, Alabama. Base your answer to question 4 on the passage below and on your knowledge of social studies. ". . . In a sense we"ve come to our nation"s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the "unalienable Rights of Life, Liberty, and the pursuit of Happiness." It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked "insufficient funds." ". . — Martin Luther King, Jr., August 28, 1963 4) The focus of this passage from Dr. King's speech was his belief that equal rights for all were guaranteed by the founders of this nation. Base your answer to question 5 on the passage below and on your knowledge of social studies. ". . . Unjust laws exist; shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? . . ." — Henry David Thoreau, 1849 ". . . But the great glory of American democracy is the right to protest for right. My friends, don"t let anybody make us feel that we [are] to be compared in our actions with the Ku Klux Klan or with the White Citizens Council. There will be no crosses burned at any bus stops in Montgomery. There will be no white persons pulled out of their homes and taken out on some distant road and lynched for not cooperating. There will be nobody amid, among us who will stand up and defy the Constitution of this nation. We only assemble here because of our desire to see right exist. . . ." — Martin Luther King, Jr., December 1955 5) Which statement most accurately summarizes the main idea of these quotations? Civil disobedience is sometimes necessary to bring about change. Legislation 1) Filibusters were used by United States Senators from the South in the 1950s and 1960s to block passage of civil rights bills. 2) The changes shown in the chart above were most directly the result of the passage of the Voting Rights Act of 1965. 3) The federal voting rights laws passed in the 1950s and 1960s were designed to remove racial barriers to voting. 4) The Civil Rights Act of 1964, the Fair Housing Act, and the Americans with Disabilities Act were government efforts to end discrimination against various groups. 5) The main goal of affirmative action programs is to promote economic gains for minorities and women 6) The Civil Rights Act of 1964 was passed in an effort to correct racial and gender discrimination. 7) During the civil rights movement of the 1960s, activities of the Congress of Racial Equality, the National Urban League, and the National Association for the Advancement of Colored People (NAACP) illustrated that different approaches can be used to achieve a common goal. 8) The main idea of this cartoon is that the elimination of affirmative action programs on some college campuses has reduced the number of minority students. 9) The program that promotes preference in hiring for African Americans and other minorities to correct past injustices is known as affirmative action. Social Base your answer to question 1 on the lyrics below and on your knowledge of social studies. Lyric A: . . . Father, father We don't need to escalate You see, war is not the answer For only love can conquer hate You know we've got to find a way To bring some lovin' here today. . . — ―What's Going On,‖ Al Cleveland, Marvin Gaye, Renaldo Benson, 1971 Lyric B: . . . Yeah, my blood's so mad Feels like coagulatin' I'm sittin' here, just contemplatin' I can't twist the truth It knows no regulation Hand full of senators don't pass legislation And marches alone can't bring integration When human respect is disintegratin' This whole crazy world Is just too frustratin'. . . — ―Eve of Destruction,‖ P.F. Sloan, 1965 1) Which conclusion is most clearly supported by an examination of these song lyrics? Social conflict existed over war and civil rights in the 1960s and early 1970s. Base your answer to question 2 on the speakers' statements below and on your knowledge of social studies. Speaker A: It is more important now to focus on vocational training and economic opportunities than on removing obstacles to social equality for African Americans. Speaker B: The Constitution is color-blind and recognizes no superior class in this country. All citizens are equal before the law. Speaker C: The American Negro [African American] must focus on the achievement of three goals: higher education, full political participation, and continued support for civil rights. Speaker D: African Americans should return home to Africa to establish their own independent nation free from white control. 2) During the early 1900s, reform leaders tried to advance the goals of Speaker C by forming the Tuskegee Institute in Alabama. 3) This poster was used during the civil rights movement. 4) Which strategy did African-American students use when they refused to leave a ―whites only‖ lunch counter in Greensboro, North Carolina, in 1960? civil disobedience. 5) In 1948, President Harry Truman showed his support for civil rights by issuing an executive order to end the immigration quota system. 6) The Civil Rights Act of 1964 was intended to end discrimination based on race or sex. Unit 12 – 1960's – Today (Modern Presidents and their policies) President Harry Truman (1945 – 1953) - Democrat Foreign policy: Ordered the dropping of the atomic bomb on Japan. Oversaw the end of World War II Began the Cold War with the Soviet Union. Started the US policy of Containment to stop spread of communism. Examples of containment policies during Truman's presidency include: - Truman Doctrine - Marshall Plan - Eisenhower Doctrine - Berlin Airlift - Korean War (See the "Containment" packet in Unit 10 for more specific details) Domestic policy: Attempted to stop the spread of communism within the United States, and specifically within the government by creating the Loyalty Review Orders. McCarthyism and HUAC (House of Un-American Activities Committee) occurred during his presidency. Truman's Fair Deal continued the social and economic reforms that began during FDR's New Deal. (Truman declared a "Fair Deal" for the American people.) President Dwight Eisenhower (1953 – 1961) - Republican Foreign policy: Continued policy of Containment around the world. Specifically, Eisenhower endorsed the Domino Theory, stating that if one nation falls to communism than all of its neighbors will fall to communism. This is the rational that lead the United States to send troops in Vietnam and South East Asia. Domestic policy: To enforce the system of Federalism and the Supreme Court's 1954 decision to Brown v. the Board of Education of Topeka, Kansas, Eisenhower sent in federal troops, the 101st Airborne, to Little Rock, Arkansas in an effort to guarantee the safety and the rights of 9 African American students that going to be the first to integrate the city's Central High School. This incident was known as the Little Rock Nine. Created the interstate highway system throughout the United States in order to: 1) allow for quick mobilization of our troops in case of an attack from the Soviet Union, or any other communist nation. 2) better develop the nation's infrastructure so more interstate commerce could occur. Reaction to Sputnik, Eisenhower increases funding for math & science education. President John F. Kennedy (JFK) (1961 – 1963) - Democrat Foreign Policy: Containment: Attempts to stop the spread of communism Does this in two ways: 1) Space Race: After Eisenhower increased funding for math and science because of the Soviet Union's launching of Sputnik, JFK begins the Space Race when he declares that US will place a man on the moon by the end of the decade. 2) Peace Corps: provide aid to developing nations (ex. build bridges, schools, water filtration systems) purpose: - help the world - stop the spread of communism 3) Military involvement: a) The Bay of Pigs: CIA and the US government supported a coup in Cuba, attempted to overthrow Fidel Castro and his government. HUGE Failure. Embarrassment to JFK and the US. b) Cuban Missile Crisis: US discovers nuclear missiles being deployed in Cuba. US creates a blockade around Cuba, to attempt to keep out any new nukes from being brought in. Result: Soviet Union pulls its nuclear missiles out of Cuba, US pulls its missiles out of Greece and Turkey. c) As a result of the Cuban Missile Crisis, JFK reaches an agreement with the Soviet Union on a Limited Nuclear Test Ban. d) Yet another result of the Cuban Missile Crisis is that JFK forbids trade and travel between Cuba and the United States in an effort to place an economic strain on Cuba and to bring an end to Fidel Castro's reign of power. Domestic Policy: The Baby Boom that began after World War II is now beginning to affect American Society by creating a need for more products (creating a large demand for consumer goods), more schools, and more housing. President Lyndon B. Johnson (LBJ) (1963 – 1969) - Democrat Foreign policy: The Vietnam War and its affect upon US Domestic and Foreign policy: Other words that used instead of saying Vietnam include: South East Asia or Indochina. US involvement in Vietnam began with President Eisenhower. Eisenhower believed in the Domino Theory, stating that if one nation falls to communism than all of its neighbors will fall to communism. Therefore, Eisenhower felt that the war in Vietnam was one battle of the Cold War. Congress did NOT declare war in Vietnam, officially it was a police action. How the United States decided to fight during the Vietnam War was strongly influenced by public opinion. The protests and riots affected the US government's ability to fight the war in the way that they had originally planned. (Television had a huge affect on what America thought of the war. America believed what they were seeing in their news coverage, which greatly differed from what the Pentagon/military was telling the people. This deception by the government is what angered so many Americans. The Vietnam War is an example of a country having overwhelming technological superiority and greater size being defeated by an enemy that has greater motivation and better knowledge of their home terrain. Effects of the Vietnam War: 1) The United States begins to question its own military strength and whether it should be the world's policeman (or get involved in the rest of the world"s affairs anymore.) 2) The voting age is lowered from 21 to 18 (26th Amendment). The idea behind this is that if 18 year old boys are being drafted, they deserve to have the right to vote for or against the politicians that drafted them. Domestic policy: The Great Society – LBJ's Domestic Social programs A great society is one without poverty. Goal of the Great Society programs: end poverty in America's inner cities (Ex. Medicaid, Housing and Urban and Development, welfare) Example of: Like FDR and Lincoln, Johnson expanded the power of the presidency by using the federal government's resources to fix Americans' economic & social problems. Extension of: FDR's New Deal (Both the New Deal and the Great Society attempted to help those living in poverty.) Also compared to: the Progressive Era because both LBJ and the Progressives used the government's power to address social problems. Most famous programs: Medicare: medical care to the elderly Medicaid: medical care to the poor HUD (Housing and Urban Development): Assist those with less money (elderly or the poor) to find housing. (Ex. Section 8 housing) President Richard Nixon (1969 – 1974) – Republican Foreign policy: Détente: easing of tensions between the US and the communist nations (specifically the Soviet Union and China). Does this by visiting China, trading more with both countries, and by signing SALT (Strategic Arms Limitations Talks – this reduces the amount of nuclear missiles each country can possess) War Powers Act of 1973: In reaction to the Vietnam War and Watergate, Congress is looking to take powers away from the President. Other important background information: Congress declares war. President is Commander in Chief (In charge of armed services) Last time US declared war – World War II What happened in Korea? US troops fought under the UN flag What happened in Vietnam? It was a "police action" With this in mind, Congress has lost the power to ―Check‖ the president's war powers. Therefore: War Powers Act of 1973: Passed by Congress. President Nixon vetoed it. Congress overruled the veto with a 2/3 majority vote in both chambers of Congress. Consists of: 1) Congress must be informed within 48 hours of troops being deployed overseas. 2) Congress must agree to the military action within 60 days or Congress can call all of the troops home. Watergate: Nixon attempts to cover for members of re-election team that illegally broke into the Democratic National Committees' offices in the Watergate Hotel complex. Nixon orchestrates the cover up from the Oval Office, which is one location where Nixon taped all conversations. After the 192 election, which Nixon won in a landslide, Congress begins to investigate inappropriate actions that occurred during Nixon's re-election. During this time, Nixon's vice president, Spiro Agnew, resigns and Nixon appoints Gerald Ford to replace him. When Congress asks for copies of the tapes of any discussion that occurred in the Oval Office, Nixon refuses to turn over the tapes and hides behind the idea that the president has executive privilege, a right no to openly share secret dealings the presidents can and has to have. US v. Nixon: the Supreme Court rules that a president DOES have executive privilege but that only in regard to national security. Since this did NOT have to do with national security; therefore, Nixon was required to turn over the tape. This Supreme Court ruling shows that no one is above the law. Effect of Watergate: 1) Nixon resigns (He was NOT impeached. Only presidents Andrew Johnson and Bill Clinton were ever impeached.) 2) Americans lose faith in elected officials. President Jimmy Carter (1977 - 1981) - Democrat Foreignc policy: Camp David Accords: Middle East Peace Deal between Israel and Egypt. Jimmy Carter received the Nobel Peace Prize for his efforts in getting the first Arab nation to recognize that Israel has the right to exist. Energy Crisis: The oil producing countries of the Middle East, through their power at OPEC, severely limited the amount of oil that would be exported to the United States in retaliation for the US' support of Israel. Result: Gas Shortages & stagflation (The oil shortage causes a recession to occur, stagnating the economy and people lose their jobs. The oil shortage also drives up the cost of many products, causing prices to go higher and therefore creating inflation. Having stagnation and inflation at the same time was largely unheard of until the 1970's) Carter's Response: the US should invest heavily in alternative fuels (Ex. nuclear, solar, wind, hydro-electric) President Ronald Reagan (1981 – 1989) – Republican Reagan is the stereotypical Republican: cut taxes, strong military, limit civil liberties to preserve security, cut welfare programs Foreign policy: Escalates the Cold War: begins a new ―arms race‖ with the Soviet Union. Starts building new nuclear weapons. US calls the Soviet Union the ―Evil Empire.‖ US' entire military budget gets increased drastically. Reagan spends trillions of dollars on ―Star Wars‖ (A laser defense system that would shoot Inter-Continental Ballistic Missiles when they were in outer space, reducing the effectiveness of a Soviet nuclear attack upon the US – NEVER worked) Reagan ends ―détente.‖ (Some historians contend that Reagan"s escalation of the Cold War, his military build up, and the US" intervention in Grenada to stop the spread of communism there were all things that helped the American people forget Vietnam and return our strength again.) Gorbachev: When Mikhail Gorbachev took over the Soviet Union in 1985, he opened the nation (Glasnost) and began restructuring his communist economy (Perestroika). Gorbachev and Reagan signed two peace deals (Geneva & Washington) to reduce their nuclear stockpiles Domestic policy: Supply side economics: cut taxes (especially on for the rich and businesses), than ―use tax cuts to encourage economic growth‖ This was needed after the years of stagflation during Carter"s presidency. Problem: Reagan wanted to cut social programs, but Congress wouldn't allow him. Therefore, the increased spending on the military while cutting taxes caused there to be huge deficits, ballooning the national debt. The fastest type of job that is created starting in the 1980's are service industry jobs. President George H. W. Bush (1989 – 1993) - Republican Foreign Policy: Oversees the end of the Cold War. Events near the end of the Cold War: Fall of the Berlin Wall (1989) (Begins collapse of communism in Eastern Europe) Poland and other former communist countries in Eastern Europe become democracies (1990) East & West Germany Re-unite (1990) Break up of the Soviet Union (1991)* * official end to the Cold War Operation Desert Storm / the Persian Gulf War US leads a large coalition of international forces, including the United Nations, to liberate Kuwait from Saddam Hussein and his Iraqi forces. US is protecting its ability to readily buy oil. (This is very important since other Muslim nations in the Middle East had used oil against the US as a weapon during the 1970"s oil embargoes. The US did NOT want this to happen again.) US is attempting to preserve stability, and protect our interests, in the Middle East. Domestic Policy: Independent voters: Due to the Era of Divided Government (when one political party controls the White House and the other controls Congress) and the scandals that plagued the government since Watergate, more voters are registering as Independents (not being loyal to either party). The party that gets more Independent votes typically wins the presidential election. Recession: After the Persian Gulf War, Bush was one of the most popular presidents ever in US history. However, when the nation slipped into a recession (an economic slowdown), Bush was blamed for the loss of jobs. Result: 1) Some say Bush hid behind his foreign policy achievements to hide the recession. 2) The recession causes Bush to lose the 1992 presidential election to Bill Clinton, who campaigned on fixing the economy. President Bill Clinton (1993 – 2001) – Democrat Foreign Policy: Sent US troops overseas on peace keeping missions to Bosnia, Kosovo, Haiti, and Somalia. (He attempted to protect the Human Rights of innocent people caught in conflicts within these nations.) The troops were sent in for noble reasons – to create peace as an example of international involvement, BUT at times were very unsuccessful, which distracted the American people from other things Clinton wanted to accomplish. NAFTA: The North American Free Trade Agreement allowed for trade without tariffs between Canada, the US, and Mexico. Businesses: greatly supported NAFTA because they could make higher profits by shipping production jobs overseas. Labor unions: were against NAFTA because it resulted in good American jobs were now going to be shipped overseas to location where the employer could pay them 10 cents an hour. Globalization / global involvement: That US will become more directly involved in other nation's concerns. Domestic Policy: He wanted Gays in the military ("Don"t ask, Don"t tell") He wanted universal healthcare – health care for every American (Hillary Clinton wrote the proposal, this is why it is called "Hillary-care") Biggest problem with existing medical care: the rising cost of premiums for healthcare. Expanded rights for minorities Involved in a series of scandals (with Monica Lewinsky) Any time a Regents questions asks about a scandal, the answer will be that people lose faith in their government or elected officials. Impeachment: Clinton becomes the 2nd president to be impeached by the House of Representatives (the other president was Andrew Johnson during Reconstruction). In both the case of Clinton and Johnson, both were impeached but neither was found guilty by the US Senate and therefore were NOT forced to resign. Huge Positive: The economy. He cut the deficit and expanded US economy. He is credited with the longest period of continuous growth in US history. Historians compare the large number of mergers and consolidations of the late 1990's to the same things occurring in during the Gilded Age during the late 1800's. (Ex. both John D. Rockefeller and Bill Gates were the leaders of their industries, used ruthless business practices and donated billions of dollars.) Problem: Corporations kept huge profits by ―laying off‖ (firing) thousands of employees. Result: Large job growth created a need for employees; therefore, illegal immigrants came to the US, mainly from Mexico, for better economic opportunities. President George W. Bush (2001 – present) – Republican Foreign Policy: After the attacks of September 11, 2001 on the World Trade Center and the Pentagon, the US became involved in the War on Terror. Results: 1) US invades Afghanistan to overthrow the Taliban and to hunt for Osama bin Laden and Al Qaeda operatives 2) Patriot Act: Bush expands his presidential powers, like Lincoln and FDR did during wartime, and limited people's civil liberties in order to ensure safety and order. 3) The federal government created the Department of Homeland Security. 4) US invades Iraq under the false pretense that Saddam Hussein had something to do with September 11th and that Saddam Hussein was hiding Weapons of Mass Destruction (WMD's). 5) The global community that was overwhelming behind the US after September 11th is now against the US due to the War in Iraq (Operation Iraqi Freedom) and the torture of suspected terrorist captives in Guantanamo Bay Cuba and Abu Ghraib prison. Domestic Policy: 2000 Presidential election: Al Gore won more popular votes, but George Bush won more electoral college votes. This is why some people dislike the Electoral College. The only way to get rid of the Electoral College is to add an amendment. Why a disputed election?: Newscasters originally said that Al Gore won the state of Florida, but then, after several days, several re-counts of votes (including those with "hanging chads"), and a lawsuit, the Supreme Court decided the presidential election in favor of George W. Bush Result: The nation was divided over the election and many felt that Bush would not have the authority / power to do anything (This changes after September 11th) 2000 census: Census: counting up of all the people in the nation Why?: representation in the House of Representatives is based upon population; therefore, must know the number of people in each state Who is affected by the Census?: the House of Representatives and the Electoral College vote (which is equal to the # of people in the House + the # of people in the Senate for each state.) Who is NOT affected by the Census?: the # of members in the Senate for each state (this is always 2, no matter what the population) Reallocating: when one states gains in population more than another state, the faster growing state will receive MORE seats in the House of Representatives than they did after the previous census. (Ex. After the 2000 census, Texas went from having 30 seats in the House of Representatives to now having 32) Redistricting: the re-drawing of district lines within a state after reallocation of seats occurs. This done by the state legislatures. Gerrymandering: re-districting done to specifically benefit one particular party. Modern Day Questions Economics: Statistics such as the gross domestic product, consumer price index, and unemployment rate are used to measure the condition of the economy. Trade Deficit: the US routinely has a ―trade deficit,‖ meaning that it buys more goods from a particular nation than it sells to it. Ex. the had huge trade deficits with Japan, but now the biggest trade deficit the US has is with China because a lot of goods are made in China, but China does NOT buy a lot of goods made in the USA. Tariffs: tax on imports Purpose: to make foreign goods more expensive than American made goods, helps to protect American manufacturers. (Ex. Hamilton"s protective tariffs and George Bush"s tariff on steel) Loss of US manufacturing jobs is due to: 1) computers / robots / technology 2) companies ―outsourcing‖ jobs to other countries 3) companies moving manufacturing facilities to other countries due to the cheaper labor costs there (Ex. Mexico after NAFTA was approved or to China today) Because of the global economy, that all major nations trade with each other, an economic problem in one nation will quickly affect all other nations. When industries experience consolidation, like the airline industry in the 1990's, than it results in less competition and fewer choices for consumers. Farming: Fewer farms and fewer farm workers are needed in the US today because: 1) more crops are purchased from other countries 2) newer technologies have resulted in greater yields / production Cesar Chavez created a union for migrant workers, immigrants that come to the United States to help in the agricultural industry. Goal: to get better working conditions, end use of pesticides that were harming mothers and their unborn children Deficits: Other than the end of Bill Clinton's 2nd term, the US has increased its annual deficits and America's national debt. Biggest reason for increasing deficits: increased government spending Which presidents increased the deficits the most?: Ronald Reagan and George W. Bush Trade with Cuba: US has a trade embargo against Cuba, meaning Americans can not purchase any Cuban made goods, including Cuban cigars Purpose: to put pressure on the communist nation there was run by Fidel Castro and now is run by his brother, Raul Castro. Why controversial?: the US has directly traded with other communist nations in the past including the Soviet Union, China, Vietnam, and North Korea, BUT the US still will NOT trade with Cuba. Microsoft, and its founder Bill Gates, have been under attack from the federal government for violating anti-trust laws, just like John D. Rockefeller's Standard Oil Trust were broken up for violating the Sherman Anti-trust Act. Ralph Nader: became the leading advocate for government regulation of businesses and for business to make safety alterations to their products in an effort to protect consumers. Nader's book, Unsafe at Any Speed, attacked the American automotive industry and resulted in the development of safer cars and safety devices. (Ex. the seatbelt is mandatory in cars) Recycling has increased dramatically over the last 20 years. Technology: Computers can allow for private information to be lost / taken by others Technology makes it easier to influence legislators Political – Domestic Policy: Lobbying: part of the unwritten constitution Definition: special interest groups can hire other people in an attempt to influence politicians to think, act, or vote in a particular way. How lobbyists do this: using money to donate to politicians campaigns (politicians always need more money to get themselves re-elected) What is wrong with this system?: the people that make larger donations to a politician will have greater influence on that politician. This corrupts the democratic process. How to fix this problem: Campaign finance reform 1) limit the amount of money any one person may contribute to a candidate 2) publicly finance campaigns Political – Foreign Policy: Nuclear proliferation, the spreading of nuclear weapons, threatens all humankind Areas Divided as the Result of Wars: Berlin, Germany, Korea, Vietnam Immigration Native Americans view white settlers as people that came to America illegally, took land from their rightful owners, and corrupted American culture, just like nativists do to legal and illegal immigrants coming from Latin America today. Why immigrants come to US today?: #1 reason – to find higher paying employment in the US. Current Focus of American Immigration policy: to keep out illegal immigrants Social Policies Population Patterns, Baby Boom & Effect of Aging Population Most densely populated regions of the US: 1) North East 2) Southern California People began to move out of the cities after World War II due to the expansion of the nation's highways. Result: growth and expansion of the suburbs that surround the cities Baby Boom: Those born after World War II in the US What is it?: a large, quick increase in the number of births in the US, pattern lasts for more than a decade Why does it happen?: World War II delayed the normal age when men got married and than starting having families. After the war, people quickly made up for lost time. Early Results: As Baby Boomers age, there becomes a need for more schools, more colleges, & more job opportunities Problem with Baby Boomers today: As Baby Boomers retire today, they will quickly deplete Social Security, which provides money to the elderly, forcing the government to raise the age when a person is eligible for it, ask employers & individuals to pay more into the program, or get rid of the system all together. The American population is aging, getting older. The fastest growing age group in the US today is the 85 and older category. (This will also put a strain on Medicare – medical care for the elderly that was first created as a part of LBJ"s Great Society – and the cost of healthcare.) Modern effects upon Women Title IX education amendment: This portion of the 1972 Education Act required equal funding for male and female sports programs. Equal Rights amendment (ERA): First proposed in 1923 by Alice Paul, this amendment sought to guarantee true equal to women. 35 of the necessary 38 states ratified the amendment. Equal Pay Act: required employers to pay women the same as their male counterparts that hold the same jobs. A major goal of the women's movement over the past twenty years has been to gain equal economic opportunity (To rid the business world of the "glass ceiling") Betty Friedan's The Feminine Mystique: Book written in the 1960's stating that women can be successful in life without having a family / kids. Started the modern women's rights movement. (encouraged social reform) Unit 13 – Supreme Court Cases Important Supreme Court Cases: Most cases get to the Supreme Court based upon appeal. Supreme Court judges are appointed for life. Why?: This frees them from political pressure from lobbyists and other politicians. John Marshall (1801 – 1835) – Chief Justice of the Supreme Court He is known for 2 things: 1) Judicial Review: The Supreme Court has the power to review any law brought to them in the form of a case to determine if they are constitutional or unconstitutional. 2) Strengthens the power of the federal government (state government gets weaker) John Marshall cases: Marbury v Madison: It established the power of Judicial Review (Supreme Court can determine the constitutionality of laws) McCulloch v Maryland: National Bank Elastic clause is constitutional Supremacy Clause (the federal government has more authority than the state governments) was used to increase the power of the federal government over the states Gibbons v. Ogden: Interstate Commerce: trade between the states (this case dealt with a ferry service between NY and NJ) Supremacy Clause (the federal government has more authority than the state governments) was used to increase the power of the federal government over the states Other cases that dealt with Interstate Commerce: Wabash v. Illinois* (1886), Northern Securities Co. v. United States, United States v. E. C. Knight Co.* (1895) (* these cases dealt with railroad companies that were fighting against Grange laws meant to limit the power of railroads and to protect farmers) Scott v. Sandford (Dred Scott case): Dred Scott was a slave. Supreme Court states that slaves can be taken anywhere and that blacks are NOT citizens and therefore can NOT sue. Also, the Supreme Court stated that the Missouri Compromise's 36 30 parallel was unconstitutional. Plessy v. Ferguson (1896): Background: - Homer Plessy - 1/8 black, 7/8 white - buys first class train ticket from New Orleans to East Covington, Louisiana - In an act of civil disobedience – Plessy stated that he was black - Plessy gets thrown off train for sitting in white car and for violating the Louisiana Act of 1890 (the Separate Car Act) – this requires all railway cars to provide for "separate but equal" accommodations for whites and non-whites. Constitutional Issues: - 13th Amendment (ends slavery) - 14th Amendment (equal protection of the law) Decision: - In favor of Ferguson, against Plessy Why?: - Since the train was going entirely within the state of Louisiana, this was intrastate commerce. Therefore, the state of Louisiana had the right to create laws to regulate these train cars. - Secondly, since the accommodations were ―equal‖ in the eyes of the law, just because they are separate does NOT mean it violates the 14th Amendment Long term result: - This decision gave constitutional support to Jim Crow (segregation) laws. - Jim Crow laws rapidly expanded in the South during the 1890's, dividing white and non-whites in every facet of life. - Ex. Schools, bathrooms, restaurants, … Schenck v. US (1919): Schenck was a socialist. Tried to convince Americans to NOT follow the draft during World War I. This violated the Espionage Act – which made it illegal to interfere with the draft. He was arrested & convicted. Schenck felt his 1st Amendment rights of freedom of expression and freedom of speech were violated. Supreme Court decision: Your ―rights are NOT absolute,‖ especially during wartime. ―Can't yell fire in a theater.‖ Schenck's actions created a ―clear and present danger‖ to this country (meaning his words and actions created a threat to the nation). Korematsu v. United States (1944): During World War II, the US military placed Japanese Americans that lived on the West Coast in ―internment camps.‖ Korematsu sued for his freedom, Supreme Court ruled that rights are limited during wartime – rights are NOT absolute. Supreme Court had made a similar ruling during World War I in Schenck v. US. ("limiting civil liberties during wartime") Brown v. Board of Education (1954) Background: In the early 1950's, racial segregation in public schools was the norm across the South. Jim Crow laws had separated the whites from non-whites in most facets of life, including schools. Linda Brown a black third-grader, had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school, but the principal of the school refused. The National Association for the Advancement of Colored People (NAACP) assisted the Browns. Chief Counsel for the NAACP was Thurgood Marshall, the first African American ever appointed to the Supreme Court. Opinion/verdict: Unanimously, the Earl Warren's Supreme Court decided that ―separate facilities are inherently unequal.‖ Why?: This policy violates the children's 14th Amendment rights to ―equal protection of the law‖ and the ―separate but equal‖ created very unequal educational environments. According to black psychologist Kenneth Clark, even if there are no tangible differences between segregated schools, the minority children will still suffer emotional damage as a result of not being allowed to attend white schools. An education allows for the development of future opportunities and non-white schools did not foster nearly as many opportunities as white schools. Why important?: 1) Forced the integration of public schools. Most schools in the South were VERY slow in choosing to integrate their schools. This leads to controversies in Little Rock Arkansas with the Little Rock Nine and in New Orleans with Ruby Bridges. 2) Inspired the Civil Rights Movements and the work of Martin Luther King, Jr. and the NAACP. 1 year later, Rosa Parks refused to move to the back of the bus, which was followed by the Montgomery Bus Boycott in Alabama. Rights of the Accused cases: Chief Justice Earl Warren is known for expanding the RIGHTS OF THE ACCUSED with his decisions to the cases of Mapp v. Ohio, Gideon v. Wainwright, and Miranda v. Arizona. Mapp v. Ohio: Illegal Search by police that did not have a valid search warrant Exclusionary Rule: evidence found in an illegal manner is inadmissible in a court of law th 4 Amendment: protection from illegal search & seizures 14th Amendment: due process clause applies the Bill of Rights to the states Gideon v. Wainwright: Burglary in a pool hall Gideon was a poor man that could not afford a lawyer The state of Florida did NOT provide a lawyer to defendants unless it was in capital (murder) case. 6th Amendment: right to an attorney 14th Amendment: due process clause applies the Bill of Rights to the states Miranda v. Arizona: Mexican immigrant, rapes and kidnaps a girl Confesses, but police never read him his rights 5th Amendment: right to remain silent 6th Amendment: right to an attorney 14th Amendment: due process clause applies the Bill of Rights to the states Miranda Rights: the accused have a right to remain silent, they also have a right to an attorney (the accused have their rights read to them) New York Times Co. v. United States: 1st Amendment: Freedom of the press President can NOT restrict a newspaper in what it can/can not publish Disputes between President Nixon and the New York Times was over the publishing of the Pentagon Papers, formerly secret documents of the US' strategy to win in Vietnam. Decision is an example of how ―No one is above the law‖ US v. Nixon: Presidents have the right to executive privilege, but only when it deals with national security President Nixon had to turn over the White House tapes Decision is an example of how ―No one is above the law‖ Rights of Students: Five cases that dealt with rights of students. Three expanded the rights of students: Brown v. Board of Education, Engel v. Vitale, Tinker v. Des Moines (In all of these cases, Earl Warren was Chief Justice) Two limited the rights of students: NJ v. TLO, Vernonia v. Acton Engel v. Vitale: 1st Amendment: freedom of religion Establishment clause: schools & governments can NOT endorse or show preference for any specific religion The ―non-denominational‖ prayer created by the NYS Board of Regents violated the 1st Amendment's establishment clause. Tinker v. Des Moines: Protesting the Vietnam War Wore black armbands with white peace symbols 1st Amendment: ―symbolic‖ speech Rights are not limited at the ―Schoolhouse gate‖; ―schools are not enclaves of totalitarianism‖ NJ v. TLO: Rights of students CAN be limited in school. Schools only needed reasonable suspicion to conduct a search, not probable cause. Roe v. Wade: Right to privacy is implied in the 1st Amendment, 4th Amendment, 5th Amendment, 9th Amendment, and 14th Amendment Below are expanded versions of some of the Supreme Court cases that should be used to help remind you of what will be needed on an essay. Mapp v. Ohio (1961) Background: The police of Cleveland, Ohio received information that the individual wanted in connection with a bombing within the city was hiding in the house of Ms. Dollree Mapp and her daughter. The Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to the house. Although Mapp did not allow them to enter, they gained access by forcibly opening at least one door. Once the police were inside the house, Mapp confronted them and demanded to see their warrant. One of the officers held up a piece of paper claiming it was a search warrant. Mapp grabbed the paper but an officer recovered it and handcuffed Mapp "because she had been belligerent". Dragging Mapp upstairs, officers proceeded to search not only her room, but also her daughter's bedroom, the kitchen, dinette, living room, and basement. In the course of the basement search, police found a trunk containing "lewd and lascivious" books, pictures, and photographs (pornography). As a result, Mapp was arrested for violating Ohio's criminal law prohibiting the possession of obscene materials. At trial, the court found her guilty of the violation based on the evidence presented by the police. When Mapp's attorney questioned the officers about the alleged warrant and asked for it to be produced, the police were unable or unwilling to do so. Nonetheless, Mapp was found guilty and sentenced to 1 to 7 years in the Ohio Women's Reformatory. Concepts: Search without a warrant & an individuals right to privacy vs. State police powers Major Issues: Does an individual's Fourth Amendment rights protect them from evidence obtained during an illegal police search? YES Opinion/Verdict: In favor of Mapp (6 to 3) Why?: ―Since the Fourth Amendment's right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government…. in extending the substantive protections of due process to all constitutionally unreasonable searches—state or federal—it was logically and constitutionally necessary that the exclusion doctrine—an essential part of the right to privacy-be also insisted upon as an essential ingredient of the right. . . ." There are those who say, as did Justice (then Judge) Cardozo, that under our constitutional exclusionary doctrine "[t]he criminal is to go free because the constable has blundered." . . . In some cases this will undoubtedly be the result. But, as was said in Elkins, "there is another consideration-the imperative of judicial integrity." . . . The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. 1) The Fourth Amendment guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. 2) The Fourteenth Amendment applies the Bill of Rights to the states. 3) Therefore, the Exclusionary Rule, is applicable in this case – evidence obtained during an illegal search is inadmissible in a court of law. Why important?: This ruling grants greater protection to the accused. It requires the police to obtain an accurate search warrant before conducting a search and obtaining evidence. This limited the state's police powers and upheld the fundamental rights of the people. Future Thought: In the 1984 case United States v. Leon, the Court reduced the strict parameters of the Exclusionary rule a bit to include "good faith" exceptions. The Court held that if police believed, for instance, that a search warrant was legal, but later found out that it was technically flawed, the evidence obtained in the search would still be admissible, so long as the police had acted in "good faith". In 1995, both the U.S. Senate and the U.S. House of Representatives proposed legislation, which sought to abolish the exclusionary rule, barring illegally, seized evidence from criminal cases. The Senate's version read as follows: " . . . Evidence obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution." Can Congress pass a law that would limit a power (or rule) created by a Supreme Court decision? NO (No court, in England or America, excluded evidence in criminal trials until the Supreme Court invented the exclusionary rule in Boyd v. the United States (1886). How can a power or rule created by the Supreme Court be limited, changed, or abolished? 1) Through another ruling of the Supreme Court 2) The addition of an amendment to the Constitution http://www.landmarkcases.org/mapp/background3.html Gideon v. Wainwright (1963) "If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell . . . to write a letter to the Supreme Court . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed." —Robert F. Kennedy Background: Between midnight and 8:00 am on June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. Someone broke a window, smashed the cigarette machine and jukebox, and stole money from both. Later that day, a witness reported that he had seen Clarence Earl Gideon in the poolroom at around 5:30 that morning. When Gideon was found nearby with a pint of wine and some change in his pockets, the police arrested him and charged him with breaking and entering. Gideon was a semi-literate drifter who could not afford a lawyer, so at the trial, he asked the judge to appoint one for him. Gideon argued that the Court should do so because the Sixth Amendment says that everyone is entitled to a lawyer. The judge denied his request, ruling that the state did not have to pay a poor person's legal defense unless he was charged with a capital crime or "special circumstances" existed. Gideon was left to represent himself. As might be expected, Gideon did a poor job of defending himself. He had done no preparation work before his trial; his choice of witnesses was unusual—for instance, he called police officers who arrested him to testify on his behalf, not having any reason to believe they would help his case. He had no experience in cross-examining a witness in order to impeach that person's credibility, so his line of questioning was not as productive as a lawyer's would have been. Gideon was found guilty of breaking and entering and petty larceny, which was a felony. Concepts: Right to Counsel v. Rights of the Accused v. State Rights Major Issues: What amendment states that, ―In all criminal proceedings, the accused shall … have the assistance of counsel in his defense.‖ The Sixth Amendment Opinion/Verdict: In favor of Gideon (Unanimous decision) Why?: ―Since 1942, when Betts v. Brady . . . was decided by a divided Court, the problem of a defendant's federal constitutional right to counsel has been a continuing [sic] source of controversy and litigation in both state and federal courts." "The Sixth Amendment provides, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." We have construed this to mean that in federal courts counsel must be provided for defendants unable to employ counsel unless the right is competently and intelligently waived. Betts argued that this right is extended to indigent defendants in state courts by the Fourteenth Amendment. In response, the Court stated that, while the Sixth Amendment laid down "no rule for the conduct of the States, the question recurs whether the constraint laid by the Amendment upon the national courts expresses a rule so fundamental and essential to a fair trial, and so, to due process of law, that it is made obligatory upon the States by the Fourteenth Amendment." "...the Court concluded that "appointment of counsel is not a fundamental right, essential to a fair trial." The decision written by Justice Black in the Gideon case states: "We accept… that a provision of the Bill of Rights, which is "fundamental and essential to a fair trial" is made obligatory upon the States by the Fourteenth Amendment. We think the Court in Betts was wrong, however, in concluding that the Sixth Amendment's guarantee of counsel is not one of these fundamental rights. "…reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth. … The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. 1) The Sixth Amendment guarantees individuals the right to counsel (a lawyer) in federal cases. 2) The Fourteenth Amendment applies the Bill of Rights to the states 3) The reason why a lawyer must be provided is that the right to counsel is a ―fundamental right‖ that is ―essential to a fair trial.‖ Why Important?: The decision in this case resulted in 1) All accused individuals now have the ability to prepare a proper defense since they will have a lawyer to represent them. 2) This protects the rights of the accused. 3) Gideon was given a re-trial and provided with a lawyer this time. He was found NOT guilty as a result of this new trial. Future Thought: Does a Public Defender (government appointed lawyer) really provide a fair defense for the accused in today's society? Does providing a Public Defender really erase the socio-economic differences between people accused of a crime? http://www.landmarkcases.org/gideon/background3.html Miranda v. Arizona (1966) Background: Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona, in 1963. He was arrested after an 18-year-old woman identified him as the person that had raped her in the desert outside of the city. Miranda was arrested for the rape and kidnapping of this woman and the armed robbery of a bank worker 11 days after the reported rape. He already had a record for armed robbery, and a juvenile record including attempted rape, assault, and burglary. While in police custody, Miranda was taken to a special interrogation room where he was questioned for two hours; as a result of the interrogation, he confessed in writing to the crimes with which he was charged. His written statement also included an acknowledgement that he was aware of his right against self-incrimination. During his trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count. Miranda's defense attorney appealed to the Arizona Supreme Court. His attorney argued that his confession should have been excluded from trial because he had not been informed of his rights, nor had an attorney been present during his interrogation. The police officers involved admitted that they had not given Miranda any explanation of his rights. They argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights. Concepts: Self-lncrimination & Rights of the Accused vs. State ―Police Powers‖ Major Issues: What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution? Opinion/Verdict: In favor of Miranda (5-4 decision) Why? The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself. . . ." The Sixth Amendment states that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense." Chief Justice Earl Warren, speaking for the majority ". . . the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation (questioning initiated by law enforcement officers after a person has been taken into custody) of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." "As for the procedural safeguards to be employed . . . the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning." 1) The police must inform the accused of their Fifth (Right to remain silent) and Sixth Amendment (Right to counsel / lawyer) rights before an interrogation begins. 2) This must be given because the "Fifth Amendment privilege is so fundamental to our system of constitutional rule‖ 3) A defendant may waive these rights or enact these rights at anytime Why important?: 1) The decision of this expanded upon the rulings in previous cases, specifically Giden v Wainwright. 2) It expanded the rights of the accused. 3) This case established the ―Miranda Warning‖ which police now use prior to interrogation of persons arrested. ―You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to a lawyer…. If you can not afford hire a lawyer, one will be appointed to represent you before any questioning…." Future Thought: Chief Justice Earl Warren presided over the Supreme Court during the cases of Mapp v. Ohio, Gideon v. Wainwright, and Miranda v. Arizona. In all three cases, Chief Justice Earl Warren is noted for expanding the rights of the accused. Did he go too far? In 2000, Chief Justice William Rehnquist wrote the majority opinion in the case of Dickerson v. United States in which the Court upheld or affirmed Miranda with a 7 to 2 decision, saying that it was a "Constitutional decision" of the Supreme Court and such decisions can not be overturned by a law passed by Congress (referring to the 1968 Crime Bill, Section 3501). Rehnquist concedes that the Miranda warnings are not required by the constitution, saying "The dissent argues that it is judicial overreaching for this Court to hold §3501 unconstitutional unless we hold that the Miranda warnings are required by the Constitution. . . . But we need not go farther than Miranda to decide this case. Whether or not we would agree with Miranda's reasoning and its resulting rule, were we addressing the issue in the first instance, the principles of stare decisis weigh heavily against overruling it now. . . . We do not think there is such justification for overruling Miranda. Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture." [Note: The two justices on the Supreme Court that dissented (wanted to overrule the Miranda decision) were Justice Scalia and Justice Thomas ("a violation of Miranda is not a violation of the Constitution"). These are the two judges that President Bush has noted as being model judges for his future appointments. Funny MIRANDA fact: The case against Miranda was later re-tried, Miranda was convicted on the basis of other evidence, and served 11 years. He was paroled in 1972, and died in 1976 at the age of 34, after being stabbed in a bar fight. A suspect was arrested but chose to exercise his right to remain silent, and was released. http://www.landmarkcases.org/miranda/background3.html Engel v. Vitale (1962) Background: Engel is the father of a student. Vitale is the president of the school board. The Board of Education of New Hyde Park, New York, (this is on Long Island) instructed the schools of their district to have students recite a non-denominational prayer that was composed by the New York State Board of Regents at the beginning of each school day. Specifically, the prayer stated, "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country." The prayer would be recited on a voluntary basis and students would be allowed to leave the classroom if they wanted while it was being recited. Parents of ten students challenged this policy after the father of an elementary aged, Jewish student became aware of the district's policy. They said that the official prayer was contrary to their religious beliefs and that a governmental agency did not have the right to force prayer on its students. The parents felt that the prayer violated the First Amendment's separation of church and state provision. The state contended that it was a non- denominational prayer and that the schools did not compel any student to recite it. Concepts: School Prayer and the Establishment Clause v. State Rights Major Issue: Does a non-denominational prayer, recited in every classroom in a school district, violate the First Amendment's provision of separation of church and state? YES Opinion/Verdict: In favor of Engel (5 to 2) Why?: ―…First Amendment of the Federal Constitution which commands that "Congress shall make no law respecting an establishment of religion" -- a command which was "made applicable to the State of New York by the Fourteenth Amendment of the said Constitution."" "We think that by using its public school system to encourage recitation of the Regents' prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause. There can, of course, be no doubt that New York's program of daily classroom invocation of God's blessings as prescribed in the Regents' prayer is a religious activity." "The petitioners contend among other things that the state laws requiring or permitting use of the Regents' prayer must be struck down as a violation of the Establishment Clause because that prayer was composed by governmental officials as a part of a governmental program to further religious beliefs. For this reason, petitioners argue, the State's use of the Regents' prayer in its public school system breaches the constitutional wall of separation between Church and State. We agree…" 1) The First Amendment states that ―Congress shall make no law respecting an establishment of religion. 2) The Establishment Clause of the First Amendment forbids federal and state governments from endorsing any one specific religion and/or creating an ―official‖ religion. 3) By stating ―Almighty God‖, this non-denominational prayer shows preference to monotheistic religions and violates the Establishment Clause and breaks through the constitutional wall that separates the Church and State (Religion from the Government). 4) Reciting the prayer in class also places unwanted pressures on students that do not wish to participate. Why Important?: This ruling forbids schools, as well as states and the federal government, from endorsing any religion or religious practice. Tinker v. Des Moines School District (1969) Background: Petitioner John F. Tinker, 15 years old, and petitioner Christopher Eckhardt, 16 years old, attended high schools in Des Moines, Iowa. Petitioner Mary Beth Tinker, John's sister, was a 13- year-old student in junior high school. In December 1965, a group of adults and students in Des Moines held a meeting at the Eckhardt home. The group determined to publicize their objections to the hostilities in Vietnam and their support for a truce by wearing black armbands with white peace symbols during the holiday season and by fasting on December 16 and New Year's Eve. Petitioners and their parents had previously engaged in similar activities, and they decided to participate in the program. The principals of the Des Moines schools became aware of the plan to wear armbands. On December 14, 1965, they met and adopted a policy that any student wearing an armband to school would be asked to remove it, and if he refused he would be suspended until he returned without the armband. Petitioners were aware of the regulation that the school authorities adopted. On December 16, Mary Beth and Christopher wore black armbands to their schools. John Tinker wore his armband the next day. In wearing armbands, the students were quiet and passive. They were not disruptive and did not impinge upon the rights of others. They were all sent home and suspended from school until they would come back without their armbands. They did not return to school until after the planned period for wearing armbands had expired - that is, until after New Year's Day. Concepts: Symbolic Speech/Students' Right to Free Speech v. State Rights Major Issue?: Do students have a First Amendment right to free ―symbolic‖ in a public school? Decision/Verdict: In favor of Tinker (7 to 2) Why?: "First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" "Certainly where there is no finding and no showing that engaging in the forbidden conduct would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school,' the prohibition cannot be sustained." The Court further observed, "In our system, state operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students." "... In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views." — Justice Fortas, speaking for the majority 1) The First Amendment guarantees all Americans the right to a freedom of speech, both verbal and symbolic. 2) Although schools have special characteristics, a school can not maintain absolute control over its students. 3) Since the students in this case were not interfering in the educational process, the school allowed other forms of symbolic speech – including the wearing of iron crosses, and there wasn't a past history of disruption within the district of 18,000 students, the students right was protected by the First Amendment and the Fourteenth Amendment's due process clause. Why Important?: 1) Students, teachers, and staff do not lose their rights within school. 2) Districts must be able to prove that their rules are needed to enforce discipline and to safeguard the educational process for all students. 3) Simply, schools don't possess absolute authority over its students Future Thought: Chief Justice Earl Warren presided over the cases of Engel v. Vitale and Tinker v. Des Moines. In both cases, the decision of the court broadly interpreted the Constitution to protect the fundamental rights of students. Mary Beth John Chris Tinker Tinker Eckhardt New Jersey v. T.L.O. (1985) Background: On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal's office, where they met with Assistant Vice Principal Theodore Choplick. In response to questioning by Mr. Choplick, T. L. O.'s companion admitted that she had violated the rule. T. L. O., however, denied that she had been smoking in the lavatory and claimed that she did not smoke at all. Mr. Choplick asked T. L. O. to come into his private office and demanded to see her purse. Opening the purse, he found a pack of cigarettes, which he removed from the purse and held before T. L. O. as he accused her of having lied to him. As he reached into the purse for the cigarettes, Mr. Choplick also noticed a package of cigarette rolling papers. In his experience, possession of rolling papers by high school students was closely associated with the use of marihuana. Suspecting that a closer examination of the purse might yield further evidence of drug use, Mr. Choplick proceeded to search the purse thoroughly. The search revealed a small amount of marihuana, a pipe, a number of empty plastic bags, a substantial quantity of money in one-dollar bills, an index card that appeared to be a list of students who owed T. L. O. money, and two letters that implicated T. L. O. in marihuana dealing. Mr. Choplick notified T. L. O.'s mother and the police, and turned the evidence of drug dealing over to the polise. At the request of the police, T. L. O.'s mother took her daughter to police headquarters, where T. L. O. confessed that she had been selling marihuana at the high school. On the basis of the confession and the evidence seized by Mr. Choplick, the State brought delinquency charges against T. L. O. in the Juvenile and Domestic Relations Court of Middlesex County. 1 Contending that Mr. Choplick's search of her purse violated the Fourth Amendment, T. L. O. moved to suppress the evidence found in her purse as well as her confession, which, she argued, was tainted by the allegedly unlawful search. Concepts: Search & Seizure/State Rights v. Students' Due Process Major Issue: Did the state of New Jersey and its agent, the assistant vice-principal, violated T.L.O.'s Fourth Amendment right of protection from ―unreasonable search,‖ her Fifth Amendment right of protection from self-incrimination, and her right to due process as provided in the Fourteenth Amendment? Opinion/Verdict: In favor of the State of New Jersey (6 to 3) Why?: (Excerpts from the Majority Opinion) In determining whether the search at issue in this case violated the Fourth Amendment, we are faced initially with the question whether that Amendment's prohibition on unreasonable searches and seizures applies to searches conducted by public school officials. We hold that it does. . . . We have held school officials subject to the commands of the First Amendment . . . Today's public school officials do not merely exercise authority voluntarily conferred on them by individual parents; rather, they act in furtherance of publicly mandated educational and disciplinary policies . . . In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents' immunity from the strictures of the Fourth Amendment. . . . Although this Court may take notice of the difficulty of maintaining discipline in the public schools today, the situation is not so dire that students in the schools may claim no legitimate expectations of privacy . . . Against the child's interest in privacy must be set the substantial interest of teachers and administrators in maintaining discipline in the classroom and on school grounds. Maintaining order in the classroom has never been easy, but in recent years, school disorder has often taken particularly ugly forms: drug use and violent crime in the schools have become major social problems . . . [W]e have recognized that maintaining security and order in the schools requires a certain degree of flexibility in school disciplinary procedures, and we have respected the value of preserving the informality of the student-teacher relationship. . . The warrant requirement, in particular, is unsuited to the school environment: requiring a teacher to obtain a warrant before searching a child suspected of an infraction of school rules (or of the criminal law) would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools . . . [W]e hold today that school officials need not obtain a warrant before searching a student who is under their authority. The school setting also requires some modification of the level of suspicion of illicit activity needed to justify a search. Ordinarily, a search—even one that may permissibly be carried out without a warrant— must be based upon "probable cause" to believe that a violation of the law has occurred . . . However. . . [T]he legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search . . . Under ordinary circumstances, a search of a student by a teacher or other school official will be "justified at its inception" when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. Why?: 1) The Fourth Amendment DOES guarantee individuals freedom from illegal searches and seizures. 2) Also, public schools DO have to protect the liberties guaranteed by the Bill of Rights within their buildings, specifically a person's right to privacy 3) However, because of the special nature of schools, the use of a warrant is unsuited to the public school environment and school officials do NOT need to have ―probable cause‖ to conduct a search, they only need ―reasonable suspicion.‖ 4) Therefore, the search of TLO was constitutional. Why Important?: 1) Although students ―Do not shed their rights at the school house gates,‖ according to the Tinker decision, their rights are definitely limited in school 2) The level of suspicion needed to conduct a search in school is much less than it is in public. The reasoning of this case will be applied again in Vernonia v. Acton. In this case, the Supreme Court rules that a school CAN require drug testing of athletes and it is NOT a violation of the student"s Fourth Amendment rights, even if there was no prior suspicion. Roe v. Wade Citation: 410 U.S. 113 (1973) Concepts: Abortion/Right of Privacy v. State Rights/Reserve Powers Facts A Texas woman sought to terminate her pregnancy. However, a Texas law made it a crime to procure or attempt an abortion except when the mother's life would be in danger if she remained pregnant. Ms. Roe challenged the Texas law on the grounds that the law violated her right of personal liberty given in the Fourteenth Amendment and her right to privacy protected by the Bill of Rights. Issue Whether state law which bans or regulates abortion violates a woman's right to privacy or personal choice in matters of family decisions or marriage. Amendments: First, Fourth, Fifth, Ninth, Fourteenth – All guarantee a right to privacy. Opinion The Supreme Court of the United States decided that states could regulate abortions only in certain circumstances but otherwise women did have a right to privacy and reproductive autonomy. The Court divided a woman's pregnancy into three time periods: 1) during the first trimester (the first three months of pregnancy), states may not interfere with a woman's decision to have an abortion; 2) during the second trimester, states could regulate abortions, but only if such regulation was reasonably related to the mother's health; and, 3) during the third trimester, which occurs after the fetus (unborn child) reaches viability (the stage at which it can survive outside the mother's body), states may regulate absolutely and ban abortions altogether in order to protect the unborn child. The woman's right to privacy was held to be a fundamental right which could only be denied if a compelling state interest existed. Once the fetus reaches a ―viable‖ stage of development, such a compelling point is reached because the unborn child is now given constitutional protection.
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