Monday 10-23-2000 Political Science 102 Civil Liberties
Today is review day but I have a few things to finish up because the exam is
Wednesday.
Before going into review, let me see, what is the last thing you have in your notes?
I went into incorporation. Did I go through all of the Bill of Rights, and what
was incorporated and what was not? I talked about Ex Post Facto laws. Bills of
Attainder, Treason and Forfeiture of Blood, and then I identified that through the
Fourteenth Amendment the Supreme Court began, in 1925, a process known as an incorporation,
which took the principles, at least in 1925, as the amendments known as free speech
and made them applicable through the Fourteenth Amendment to the states under the
due process laws which basically said that states cannot take way the liberties and
rights of their citizens without due process of law and because of that from 1925
through 1973, most of the Bill of Rights has been incorporated but on a selective
process, meaning one by one. Each of the issues within the first, actually 8 amendments,--
the Bill of Rights, we say is ten but in reality some say 8, I actually think it
is 9, but through the first 10, or 8 or 9 amendments, the principles that are in
the first ten have been made applicable to the state meaning that the states have
to follow them now.
So on Wednesday, 40 years ago up until 1962 I could have said to you before my exam,
"Let’s all pray.", and we’ll pray in the name of God and I could have been
legal in saying that. However, after 1962, I cannot lead you in prayer any more.
So when you pray you get a good grade from God for my exam you’ll have to do it
on your own on Wednesday.
>>Q. So pretty much before 1962, all of the religious stuff in school seemed
to fly.
Basically yes. In 1947 it actually was the first case. I don’t remember the name
of it. But in 1947 the Supreme Court did make the establishment clause apply to
the states but it didn’t push it in the school. What the South has done in most
of their schools, where it has been a tradition, is that they have been turning over
the loud speaker system to the students and the students have been leading the prayer
and they argue that is not state inspired.
But the lower courts, and I think the Supreme Court that it is going to be in the
long run I think they’re going to agree what when the school turns over the microphones
it is like the schools leading it and that is what they have done with moments of
silence. A large number of states have moments of silence, but in some states it
was outlawed by the Supreme Court. Why in some and not the other? Because what
they showed in the states where the Supreme Court said they couldn’t do it, was that
the moment of silence, the legislature said was being done to introduce prayer.
As soon as they started to talk about prayer in the legislature, the intent of the
legislature was to bring God into the school. But if they establish without any
discussion on the record a moment of silence without any relationship to organized
religion that is legal. So the whole point is establishment, it is not anti-prayer,
it’s anti-state directed prayer, and a lot of people misunderstand that. We have
not taken prayer out of school, you can pray. What we’ve taken out is state inspired
and I don’t have an objection to that. I think I mentioned that I was thrown out
of second grade because I didn’t know what the word prayer meant. The teacher made
fun of me in front of the whole public school in New York State and it was very embarrassing.
>>Q. So they threw you out of school?
Well, they in a sense, suspended me. She thought I was being a wise-ass. When she
told the class, "we’re now going to pray" and I raised my hand and said,
"What does that word mean"? And I literally did not know because I didn’t
come from a family who practiced religion. They later sent me to religious training
so I would have a choice and understand it. But it was a very traumatic thing for
a kid and that is why the courts have made decisions between adults and children.
At the elementary school and secondary school they will prohibit. However the establishment
in the sense of having prayer at a public meeting that’s run by the board or a city
counsel, that’s legal and the reason they allow that they figure the adults are mature
enough to make their own choice.
So we do have different interpretations based on the incorporation principles from
different cases. In 1989 the most controversial one in years appeared and it hit
me in the face last night.
In 1989 the Supreme Court over-ruled a Texas law, it was Texas v Johnson. And Johnson
burned an American flag in public protest. And this is what we refer to as symbolic
speech. Speech is verbal. Symbolic speech is taking a symbol and expressing your
political attitude through the symbol. The Supreme Court ruled that burning the
flag in political protest is free speech. There is nothing wrong with it even though
it is desecrating, under Texas law, a sacred symbol. That is legal as long as your
intent isn’t meant to incite violence by taking it down to an American Legion meeting.
>>Or a Marine camp.
And that caused a lot of discontent and an attempt to create a constitutional amendment
to narrow down and say that burning the American flag is illegal. The attitude that
most of the people that deal with our United States Constitution is that they are
very reluctant to amend the Constitution for narrow issues because we have generally
dealt with it from a broad perspective and once we take that narrow issue, like burning
of the flag, and put it in the Constitution, at that point every little issue will
be thrown in and we’ll have extensive amendments, not just 27, but more like 126
amendments in no time at all.
>>Q. What about Texas and the Confederate flag?
That is Alabama. But Alabama had it on the top of the state house flagpole, so it
has caused controversy. It is a symbol, African Americans see it as a symbol of
rebellion. In most cases it has been the right of the state, it’s been upheld, they
don’t tell them to take it down. The protest themselves have forced Alabama to remove
it. But it’s Alabama who still had it in their constitution until 2 years ago and
I wonder if they took it out yet. There was a protest that interracial marriage
was banned and the Alabama constitution said that women can’t vote. They never took
it out.
>>They took it out now.
They took that one out? What about interracial marriage?
>>I don’t know about that. It was on the news 2 or 3 weeks ago.
They could vote, don’t get me wrong, because of the federal law but they had not
taken it out of the state constitution. So again federal law does supercede but
as far as that flag is concerned, that was not done under federal guidelines.
What brought it home last night was-- anyone of you attend Mission High School?
They have a political convention there for seniors that take American government.
Well, my son and a number of his friends decided that my son was going to run as
the candidate for the radical party.
This is really funny because he comes home with the video that they’ll show the
students, and I almost fell through the floor. My other son that’s very much involved
in politics and international relations, I would have expected a political action
from. But we’re always worried about him being involved in protest and demonstrations,
but he hasn’t. This kid comes home who has no sense of reading the newspaper or
politics and the video starts out with some guy chopping down a tree and all of a
sudden there’s an explosion and they show the axe with blood all over it and the
guy’s shoes are there like they’ve blown him up. Then they say trees can’t speak
for themselves and can’t defend themselves, so we may have to do it. Then they have
a marshmallow fire and he’s got the marshmallow he’s burning at the tip of an American
flag and he’s burning the flag, and this is the video that they’ll turn into the
school to run for offices. And I’m sitting here and I’m saying to myself--What did
I wrought? I wasn’t worried about the element that he was worried about which was
interesting. But the funny part of the thing was that the people who were standing
around were running under the conservative ticket. They were just having fun doing
this crap. You know how teenagers are right? You just want to cause trouble just
by being a little different and see what kind of reaction you can get. That was,
of course, part of it, and I was more concerned not with the burning of the flag,
but the violence, the blood and the axe and the illegal firecrackers going off in
the background to make it sound like a bomb. He said they were not illegal. We
got them in Newark legally.
So I was sort of concerned. Actually I can’t deal with violence anyway, but what
I was concerned about was the way that schools react to violence today especially
after Columbine. But I am concerned because people have been thrown out of school
for less today. Anything that seems to indicate the slightest level of violence
and that of course is what is happening at Newark High School with the play they’re
doing called Assassins. The whole sense of Columbine and the whole sense of fear
to the educational system of people protesting (the play). That may be irrational
but it is a reality that schools can over react. The only saving grace here is that
the video has to go through the political science teacher before it can be shown.
They can "censor" it. My son was more upset with the burning of the American
flag. But then I mentioned Texas v Johnson, so if there was any question about
it, he could say, here is what the Supreme Court said about it so I can roast my
marshmallow on an American flag.
They all shout out including people running for the conservative office, join the
revolution. It is a fun tape. I know, what can I say?
In any case all I can do is give my advice. Onward.
So those elements are there.
All of the First Amendment has been incorporated which means in various court cases
since 1925 the six parts of the First Amendment have to be followed by the state.
Speech, press, assembly, freedom of religion, freedom from religion and the right
to petition government to redress grievance have all been guaranteed to you. Before
1925, nothing was guaranteed in the states except for a trial by jury.
The Second Amendment has not been incorporated. There has been no court case that
has said that states have to allow you to bear arms.
Third Amendment also has not been incorporated. The third one probably would be,
but it is unlikely that they would have a court case. You can’t incorporate something
unless somebody challenges it because they’ve broken the law, and the Third Amendment
says that the government, the Federal government can’t house troops in your home
during peacetime or in wartime. They can only do it under legislation. Since 1925
there has no movement of state or federal troops taking over somebody’s house, even
during World War II. Since it hasn’t happened in the state or the state National
Guard, it has not been challenged so it is not incorporated. If it were challenged,
I have a feeling it would be because I do think that is a fundamental liberty, the
protection of your property.
The fourth has been incorporated and that is your protection from unwarranted search
and seizures which means that they need a search warrant.
The Fifth Amendment, all of it but one section, and it’s got five sections, the one
section that is not incorporated is your right to be indicted by a grand jury. That
is the Federal government, before they can indict you for a crime, they have to convene
a grand jury. One, an indictment means that there is enough evidence to bring you
to trial.
A grand jury in the federal level is made up of 23 people, and a majority vote saying
there is enough evidence to bring you to trial issues an indictment. However, Federal,
state wide, the choice is to state. California uses the judge system, judges indict,
but they do have grand juries. Grand juries are investigative bodies and they can
indict usually after certain kinds of investigations where they spend a lot of time
searching things out. So they’re not used very often. The Grand Jury in California
is more of a professional body for a year, they are not paid but they serve for a
full year and they are appointed by judges and judges make recommendations. They
meet once or twice a week and that is tough for most people that work to be a member,
so they are usually retired people or people of certain kinds of professional jobs.
So it is certainly not a body of your peers in the same way that a regular jury
is supposed to be. They just indict.
The other parts of the Fifth Amendment that are incorporated-- when we think of the
Fifth, we refer to your right to remain silent, which means you do not have to testify
against yourself.
If you’re asked a question and you feel it might be harmful to you, you have a right
not to testify taking the so-called fifth. That is not available in the state but
it is now. However if you’re granted immunity from prosecution, you must testify
or be held in contempt of court. So if they say we’ll not send you to prison for
anything that you say, we’ll not try or indict you for anything you say, you have
to testify. Then there is no backing out of it.
All states have to follow that. Years ago it was carried over to your family. Your
wife, your children, could not testify against you even if they wanted to. It is
not true any more. Now they can’t be made to testify against you, but if they want
to, they can. So there is a little bit of difference in the way the courts will
change their attitude.
The other parts of the Fifth protects you against double jeopardy. Double jeopardy
means being tried twice for the same crime. They can change the charges but they
can’t try you twice for the same charges, so once you’re declared not guilty, that
is it.
I think it was just a few years ago they came down in the favor of being double jeopardy
between two states because you can be tried in one state and declared not guilty
there and cross the border because you carried the body across the border which you
killed in California, but you carry the body into Nevada could you be charged in
Nevada for murder and that has happened. Those are borderline cases. An attorney
or at least somebody who is an expert would be better to explain the details.
Q. I guess my question of maybe do I understand the law because when I had administration
of justice in high school we had a cop who said that wherever the crime is committed
we’re supposed to be tried in that jurisdiction. It’s their responsibility to press
charges. So if I killed somebody in Fremont I couldn’t be tried in Nevada even if
I carried the body there.
No, no, they’ve done it with carrying bodies over.
>>It’s the right of the jurisdiction that claims the crime.
It doesn’t mean that they will recognize it. That is why we get jurisdictional disputes
of who is going to try. My example may be bad. But as the story goes, the man goes
before the judge who is trying the case and the lawyer says to the judge, "Judge,
but the law does not say that," and the judge says, "Young man, you’ll
learn that the law says what I say it says, when I say it says it." Even if
a police officer may say something, even his knowledge of the law which is far more
thorough than yours or mine, is going to be challenged based on the judge’s interpretation.
That is why we have lawyers who get paid well.
I wish I could remember the case. It was about five years ago in two southern states
where it was a question of whose jurisdiction over the murder and both brought charges.
One was guilty in one state and not the other. The Fifth Amendment also incorporated
that you have due process of law.
You cannot be deprived of life, liberty or property without due process of law.
Now note, that is not directly incorporated. It doesn’t have to be because the
Fourteenth Amendment says that, but puts the word "state" in front of it.
So in a sense that wasn’t incorporated by the courts, but by the wording in the
Fourteenth Amendment. It has the exact same wording as the Fifth, except it prohibits
the states from depriving you of life, liberty or property without due process of
law.
The last provision of the Fifth is that your property cannot be taken away from
you without just compensation. Of course the state determines what that just compensation
is. That’s incorporated.
The Sixth Amendment has been incorporated and that is the one that is often identified
with the Miranda Rights–Your right to an attorney. There is another element of the
Sixth that has been developed, there are two court cases, perhaps the most famous
that was made into a movie called Gideon’s Trumpet. I heard it’s a fabulous movie.
But it is about an individual who is poverty stricken and convicted of murder and
was denied a lawyer and he became educated as an attorney himself. And it is one
of the few cases that the Supreme Court has allowed somebody that was not recognized
by the bar to bring the case before the court. You need special licensing for the
Supreme Court. Just being a lawyer in California doesn’t allow you to bring a case
to the Supreme Court and in 1964, the Supreme Court ruled in his favor, saying that
being indigent does not prevent you from getting an attorney and the state must provide
you with one, and that case has been one of the precedents established.
>>Q. Are we responsible for knowing all the parts of the Bill of Rights?
Well I think I have listed on the word list a few of the amendments and I would say
those yes. The ones that are not listed there, no. I’m not sure what is listed
the First, Second, Fourteenth, Fifth, Ninth and Twenty-Seventh.
Seventh is not incorporated. The Seventh Amendment says that in cases of common
law, which means civil law, if it is over 20 dollars you have a right to a trial
by jury. Which means if I were to sue you for $22 I could do it in front of a jury.
That is outrageous today if they ever did incorporate it. Many states have small
claims court which requires you to go before a judge. The small claims court in
California jurisdiction is up to five thousand dollars.
Let me go back to the Sixth, I went too fast. You have a right under the Sixth to
question witnesses, confront witnesses against you.
In the Eighth, which is incorporated, at least part of it, you have a right to bail
and it cannot be unjust.
Obviously they can deny bail if there is a flight risk and just bail is determined
based on what they think will detain you, I suspect, that is a tough one, because
you wonder why they set certain bails. And the other part of it that is questionable,
is cruel and unusual punishment, is banned.
In a sense it was incorporated but I’m not sure if it was under the Fourteenth when
the Supreme Court around 1972 knocked out all death penalty cases because of the
wording. They considered the wording unjust. In California recently the gas chamber
was eliminated as an unjust punishment. Perhaps the least cruel execution, even
less cruel than lethal injection, is the guillotine. People don’t think about that,
but the guillotine was originally established as a reform during the French Revolution.
The reason for its reputation is because it was done publicly, but in reality if
the head is placed in the proper location, it is plopped down there and whoosh off
with the head. And while the body may jerk and crawl a little, the fact of the matter
is that it’s a flash of light and immediate death which is quite unusual for most.
Previous to that, of course, was the headman’s axe. He could miss.
Even with the lethal injection there is pain, it is hard to judge because you’re
not there to tell us about it.
>>They say there is pain because the first injection, it just incapacitates
you, and the second one everything slowly shuts down so you can feel your body shutting
down.
Utah gives you a choice. You can either take a hanging or firing squad. I would
tell them to do both. Hang me so they can shoot me. I think it is the only state
that gives you the option.
The Ninth Amendment is debatable whether it really is, but then in a sense it has
been, but it wasn’t. And that is because the Ninth Amendment says any right this
is not literally what it says, any right that the framers forgot, whatever they left
out in the Bill of Rights, any right you have you have. So simply because they didn’t
spell it out, you still reserve it. What did they forget? The one they have used
the Ninth most on is privacy. They didn’t incorporate it through the Fourteenth,
they used the Ninth.
In 1966 in Griswold V Connecticut, the Supreme Court ruled that states could not
ban birth control information or the sale of birth control devices. Up until 1966
it was banned. But the most famous used under the Ninth was Roe v Wade in 1973 saying
that a woman has the privacy of her body.
Now, Ginsberg, the Supreme Court justice had expressed her opposition early to the
Roe v Wade decision and many conservatives supported her thinking she’d overthrow
Roe V Wade, which she would love to do actually. She is a strong supporter of abortion
but she just believes that the way it was done under the Ninth Amendment was unconstitutional
because they should have used the due process laws of the Fourteenth. She says the
Court was mistaken and less controversy if they had used the Fourteenth Amendment
and the right of privacy.
The Tenth Amendment is not a liberty.
>>Q. Is the Ninth incorporated?
No, not really. They have used it as a means of incorporation but it wasn’t used
in any case through the Fourteenth and to be incorporated, it’s using the Fourteenth
to take down the principles. And as I indicated some books don’t consider it a part
of the Bill of Rights. They often just list the first eight.
The Tenth says that any power-- the key word is power- that has not been given to
the federal government or the state belongs to the states or the people. But that
is power, not liberty, and under that circumstance we talk about divorce, marriage,
highways, education, those things belong to the states. Although recently we have
taken things like drinking and made them federal issues. Not by law directly, but
by threatening to withhold highway funds if they increase the drinking age from 18
to 21.
Okay, time for review. First part for a few minutes before we go into the word
list.
Since the essay question is 50 percent of the exam and that’s the one that most
of you will really be screwed up on, that’s why I spent time on the 6 Rules to Writing
an Essay Question. If you have thought of, or located gaps in your notes or head,
not words now, not details, but general concepts, ideas that might appear in an essay
question, this is your time to ask your question or face your executioner on Wednesday.
>>Q. On the green sheet-- what are degrees of democracy, what do you mean
by that?
That was where I was spending the time explaining to you how while I may say I am
a supporter of democracy, the Soviet Union also said it was democratic and the People’s
Republic of China said it was, and the whole question is how can they claim to be
democratic and why do they claim to be democratic? That is where I led you to when
I said this is what I think democracy is, with the conditions of a democratic government
chart.
If I didn’t use it in this class I did point out in Russia they said they are a government
for the people and they represent the people and do things. The United States may
be a government of the people but they don’t do a damn thing for the people. That
is the kind of argument that was made. That is a different theory of approaching
it. >>Q. What is a one line definition of socialism?
I won’t answer your question. That is a specific word question. I ain’t doing
that. Try later but I won’t say now.
>>Q. How do you read the chart?
Left to right. And I know that is complicated for some of you. It is read from
left to right and it starts out on the left with principles and ends on the right
with practices. The principles are your general concepts that identify democracy
and then they have a transformation in to the preferences, meaning how those principles
begin to be carried out and then they end up with some examples of what we call practices
which are specific ways the preferences and then the principles are carried out in
a Democratic system.
Example to help you better.
If it says active consent of the people, the active consent carried to the preferences
would say something to the effect that people have a right to express their preferences
and then you take it to the practicalities. How do they do that? They give their
active consent by voicing it or voting. So you have free speech or voting to show
your active consent for the government. That takes you from left to right.
Those are essay questions-- that is why I spend the time on it.
>>Q. A little on nature versus nurture.
But, the difference being that there are people, individuals who believe that we
are basic products of our biology--our genetics create who we are.
It may not be only biology but some argue that it is God given. If they say that
God created you, you’re predestined to what you’re going to be that still basically
is nature. You’re a product of your God-given abilities or genetics and that’s
it.
The nurturist would not argue that you have been given certain traits but their main
argument is that most of the traits you were physically given or given by God, can
be developed and expanded on how much you’re nurtured by your social and cultural
environment.
>>Q. You said something about Martial Law, when Pearl Harbor was bombed, they
ordered Martial Law. Is there a time when it actually would be used?
Well Martial Law can be any time the president suspends civil liberty. In the case
of World War II and Pearl Harbor, they suspended the civil liberties of the Japanese.
It was not full Martial Law but just Martial law directed against the Japanese.
However Martial Law has been declared in situations like the Civil War where the
whole south, anywhere they went, was under Martial Law. The Steel strike in 1950, Truman
declared Martial Law in those areas where steel mills were and sent in the military.
During the demonstrations in Washington D.C. including my first wife got picked
up by the Washington police and the military and placed in the baseball stadium where
30 thousand people were rounded up and with no charges and kept there for 3 days.
They later won a lawsuit against the government in 1971.
So that was Martial Law declared where Nixon called out the military.
>>Q. So you can fight Martial Law?
And in this country they have succeeded sometimes but it is usually over with by
then. So they may get reparations or not. That is the point. The Japanese being
put in relocation camps was done by Martial Law.
>>Q. Do you just give us one topic to write about?
It’s a choice of one out of two essays.
>>Q. You said it’s a pretty general question.
Very general. For example, tomorrow the Tuesday-Thursday class is taking it. The
first class has some questions that are more specific for some reason. The other
class is more general. So I don’t know which group will be more pissed at me. The
exams will all be different. It is difficult to come up with that many essay questions
each semester.
>>Q. If it is more general, can we stay more general? You always tie it to
the specific. It may be more difficult to do, but may be easier-- it depends on
how well you add to it. It depends on the students.
>>Q. To get the 50 on the essay what is the minimum wording?
I can’t answer that. I don’t recall what the person with the least amount of pages
got for 50 points. But then I have to remember the last time I gave somebody 50
points which was about a year ago.
>>Q. But to answer the question, are you looking for 2 to 4 pages?
What am I looking for? I am looking for a good answer which expands, obviously which
is showing a lot of material. As I indicated the other day if you turn in one paragraph
and 3 sentences, obviously you’ll not do well.
I gave you enough rules it should take up–whatever.
>>Q. How many questions are going to be on the test? I know there’s going
to be 1 or 2 essay questions.
The identification, out of the 20 you have to answer ten.
>>Q. Do you have to answer them, like define them in the textbook or your
own words?
I want them in your own words as long as it’s correct.
We’re on words, go.
>>1787.
1787 was the date I was born. Feels that way sometimes when you people ask me questions.
1787 was the year that the Constitutional Convention took place and the Constitution
was written.
>>1789
Was the year the Constitution went into effect and Washington became the first president
under the new Constitution.
>>1791?
1791 was when the Bill of Rights went into effect.
>>Socialism?
The government controls the means of production government, controls the means of
production and the government determines who gets the goods and service. The government
determines the distribution of goods and services. They own the means of production
and the government controls the distribution of goods and services.
>>Brown v Board of Education in Topeka, ’54.
Outlawed segregation in the school-- said that segregation was unequal.
They came back in 1955 and said that integration had to occur with all deliberate
speed. The word deliberate speed doesn’t tell you how long. But had to end segregation
in the school with all deliberate speed.
>>Corruption or forfeiture of blood?
In case of treason, the US Constitution says that there can’t be. What that means
is punishing someone for treason and also punishing all of their relatives past present
and future. Their bloodline is declared corrupt because of their crime. Everyone
in the family forfeits something, property, their right to vote.
>>Marxism.
Marxism is the philosophy of Groucho Marx, Chico.. Marxism is synonymous with Communism.
Marxism is the same as Communism. That is simple enough.
>>Heckler’s Veto.
Is when somebody in the audience becomes so annoying that they veto or stop the
person’s freedom of free speech. He is a kneejerker or shit disturber who stops
people from speaking or assembling.
>>You have Athens written down.
It is a city in Georgia; what do you think I mean?
>>But it is not something that you can define.
>>In regards to direct democracy.
It’s a city in ancient Greece where we first learned about democracy.
>>Capitalism?
Capitalism is when the means of production is controlled by the entrepreneur and
goods and services are distributed through supply and demand; that the businessman
produces it and will sell it when it is in demand or he won’t produce it and will
get what he can for it.
>>Communism?
It means productions are owned by no one and controlled by no one and goods and services
are distributed through altruism.
>>Gitlow V New York?
Gitlow v New York, 1925, is the first court case in which the Supreme Court used
the 14th Amendment to incorporate the principles of the Bill of Rights to make the
principles of the Bill of Rights applicable to the states.
>>Christian coalition.
Formed in 1988 to actively engage Christians in the political process. To try to
get Christians involved in the mission of politics rather than in the mission of
spreading religion because they felt that the politics was too corrupt.
>>Fascism.
The political philosophy of Mussolini in Italy and or a term that often uses and
is applied to any group on the extreme right.
>>De Tocqueville.
He was the French philosopher writer who visited the United States in the 1830s and
wrote about democracy in America. The concept was to explain why democracy worked
in the United States.
>>Karl Marx?
You can’t answer that.
>>Never heard of him.
You never heard of him? God, times are getting bad. He is the father of Communism.
>>Radical?
Radicals are people on the extreme left of the political chart. They want immediate
change.
>>Webster versus reproductive services.
Refers to the first major Supreme Court decision that said that states could put
certain restriction on abortions. They couldn’t end it, but put certain restrictions
on it. >>Webster v Kaiser Steel.
It was the second reverse discrimination case where he said that he was being denied,
because he was white, into a welding program by Kaiser and the Supreme Court said
it was not reverse discrimination and that they could train minorities and not allow
whites in as long as they weren’t hiring them first.
>>What do you want us to know about Abbey Hoffman?
He was leader of the Yippies and said that politics is the way you lead your life
or Hoffman said that free speech is the right to yell theatre in a crowded fire.
He wrote a book called "Steal This Book".
>>How would you define incorporation?
Making the principles of the Bill of Rights applicable to the states all at once.
>>Machiavellian interpretation?
That is that rulers rule for power.
>>Due process of law
All of the provisions that allow you to you achieve justice. The fairness in the
court system such as your right to a lawyer and the right to confront witnesses and
the right to know what you’re being charged.
>>Elitism?
Elitism refers to rule or control by one small group, usually the rich, but any small
group that runs and makes the decisions are known as elites.
>>Gadfly?
Gadfly is an individual who wants to get political change on their own and bugs the
system and annoys the political system. But usually it is an expert in the area.
He wants to make the changes for your benefit, he knows what is good for you and
he won’t run for office.
>>Twenty-seventh Amendment?
That is the last one that says that Congress can’t raise its salary during the term
of offices. What is interesting about it?
>>They did.
They had the first Bill of Rights. One of the first 12 and it was put in there
and it was around and they passed it in 1992.
>>Socialist workers party.
That is a Marxist, which means Communist, party that probably has the largest membership
in the United States. >>John Birch Society.
The John Birch Society is an organization that is strongly anti-Communist anti-democratic
as well and wants to return to the Constitution of 1787. The name of the founder
of Robert Welsh.
>>Trotsky.
He was the socialist workers party. He was murdered by the henchmen of Stalin.
>>Fifth Amendment.
The Fifth Amendment has five provisions.
>>Conspiracy Thesis.
Conspiracy thesis argues that small groups get together to defraud the political
system for their own benefit, that they secretly meet to deceive us for their own
benefit.
>>Factionalism.
When there are many different groups that simply don’t function together well. They
will not work with each other because each one has their own narrow point of view.
>>Hyperplurism.
In hyperplurism you argue that government doesn’t function because factionalism is
so strong. There are so many groups that government is in gridlock.
>>Tri-lateral commission.
Tri-lateral commission is an organization created by David Rockefeller in 1972 that
is often seen as a group that is conspiring to control America for Standard Oil.
Some think it conspires secretly and others openly but in reality it was set up
as a trade organization to benefit trade.
>>Meritocracy.
The concept that those that rule do so because they merit it, they succeeded at it,
they achieved at it. They should be those that get it because of their own capacity
and ability rather than simply promoted because they’re there.
>> Madalyn O’Hare; do you want us to say that she is an atheist?
Well, she is America’s best known. She is not dead. No one sees her as a threat.
>>Constituent.
Constituent is the word that politicians use the most meaning anybody they represent.
>>666?
666 is the sign of the beast and the number on my house. Well it is actually 66,
but I have been tempted to put up the third 6. I don’t think my neighbors would give
a damn, I’m just afraid the postman will lose my mail.
>>Egalitarism.
That means that people should be treated and seen as literally equal, that everybody
should have equal opportunity and to be considered equal in a political system.
Sometimes it goes as far as equality of condition that they were literally equal
in every way.
>>Prince was the book that Machiavelli wrote?
It expressed his philosophy that we talked about earlier.
>>What do you want to know about habeas corpus?
You have a right to be charged with the crime. It means that the judge has the
right to call the police officer and say why are you holding this person?
>>Devolution?
Devolution is in simple terms decentralization of the political system and restoring
power to the people. The concept is that the system evolved into Washington which
centralized it and took the power from the people and gave it to the corporate and
political leaders.
Devolution would restore power to the people and break down the centralization of
Washington.
>>Bill of Attainder.
That is legislative punishment which means the legislature could punish me, Alan
Kirshner, because they don’t like me.
>>Skinhead.
Skinheads is a working class movement of young people who have been split into a
number of factions but the best known are the ones that are racists and violent.
>>Balancing of interest interpretation.
That is the belief that the government can suspend civil liberties if they become
a threat to society. The government can suspend your basic rights.