- Ruth Gilmore says that capitalism will stop being racial capitalism when all the white people disappear from the story. What’s the connection between “whiteness” and racism, do you think?
The connection between “whiteness” and racism is capitalism. Capitalism depends on racial practices and hierarchy. If we undo racism, we, in turn, will undo capitalism because capitalism requires inequality. - Gilmore makes the point that criminals are being created by the criminal justice and prison system (she says, “the category of ‘criminal person’ can be perpetuated”). According to Gilmore, how does that happen? How does the prison system create new “criminals “? Do you agree with her view?
Prison systems create new “criminals” by expanding criminalization and incarceration. For the prison system to function, there must be a steady stream of criminals eligible to be categorized as a “criminal person.” So, the people in charge make sentences longer, the list of crimes grows, and people who have been caught up in the system who reenter society and are part of a community perpetuate the category of criminal. - Describe how you understand what Prof. Gilmore – in the last part of her video – calls “liberation struggle”?
I understand “liberation struggle” to mean the struggles and needs of people in a specific place. Every liberation struggle is different in size and scale, but it is all based on neighborhoods, cities, and rural communities experiencing disadvantages.
MLK’s “Letter from Birmingham Jail”
- According to MLK, how can we tell the difference between just and unjust laws?
According to MLK, we can tell the difference between just and unjust laws because a just law uplifts or benefits the people, which makes it a moral law. An unjust law degrades another human being or minority, which is immoral.
- In your view, is this an important distinction (between just and unjust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
I agree with MLK’s distinction between just and unjust laws. Laws are there to protect the people. If we have laws that degrade others because they are part of a minority, we push the narrative that we live in a country where equality is not achievable. As a society, justice cultivates mutual trust and respect among individuals and promotes peace. Injustice represents a deviation from the idea that America is the land of the free because unjust laws lead to individuals or groups being treated unfairly.
This could affect politics because how could the people affected by these unjust laws respect and trust the political leaders of this country? Promoting unjust laws shows that they do not agree with society’s standard of acceptance and implies that they have evil intent against the citizens of this country.
- Based on our discussion of Question 1, give an example each of an unjust and just law in the US today. Explain what makes it unjust or just (using MLK’s definition of those two types of laws).
An example of a just law is Equal Rights. Everyone has the right to equal treatment and opportunity in the US. Discrimination is illegal under federal law, so people cannot be treated unfairly because of age, disability, national origin, race and color, religion or faith, and/or gender identity and sexual orientation. This applies to areas like work, education, and healthcare. This law is just because it is moral to treat everyone equally and give them an equal opportunity.
An example of an unjust law in the US today is Money Bail. We have two justice systems, one for the rich and the other for everyone else. For thousands of people who are arrested each year, the difference between freedom and jail depends solely on wealth status. Wealthy people can buy their pre-trial freedom, keep their employment, and live comfortably at home while awaiting their trial. A poor person must stay in jail for days, months, or even years until their case is seen in court and resolved. Those who are detained while awaiting trial are more likely to lose their jobs and homes and are unable to care for any dependent relatives. This law is unjust because it is made to degrade or keep those who are poor down.
The Supreme Court
What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision? (HINT: the key word here is “commonality” (and how it related to “class-action lawsuit”). Try to understand what this legal term means, as it is key to the court’s decision).
In the case of Dukes v. Wal-Mart, the Supreme Court ruled that a group of about 1.5 million women could not be certified as a valid class of plaintiffs in the class-action lawsuit for employment discrimination. The Supreme Court justified its decision based on the Court’s interpretation of the requirements stated under Rule 23 of Civil Procedure, which specifies what kind of relief classes can seek. Basically, the women filed as the wrong class. They filed as a “b(2)” class seeking injunctive or declaratory relief, which seeks an official change of systematic issues like sexual discrimination. However, the women also requested to get backpay or monetary relief, so they should have filed as a “b(3)” class instead. So, according to the Supreme Court, misclassification caused the plaintiffs not to meet the rules to proceed.
The Court System
- In what ways is the court system better suited to protect the individual, than are the elected branches of government (such as Congress and the President; or the Mayor of NYC and the NYC City Assembly)? Give an example to illustrate your argument.
The court system is better suited to protect the individual through fair hearings, interpreting laws, and providing mechanisms to challenge infringement, whether it is a criminal or civil matter. They protect individuals of all minorities and protect the rights of people who can’t protect themselves.
2. Think about how federal judges get to become judges – unlike Presidents, Mayors and members of Congress (and other legislatures), they are not elected, but rather appointed. Many Americans have thus called the federal courts system, and especially the Supreme Court, anti-democratic PLACES IN OUR GOVERNMENT. Do you agree that the Supreme Court, for example, is an anti-democratic part of our government? What could be the reason for this way of choosing judges in federal courts? (HINT: think about our discussion of “Federalist #10”, and which social class plays a leading role in our government system.)
I don’t believe the Supreme Court is anti-democratic, however, I do believe some of the judges are, such as Chief Justice John Roberts, who has a record for being consistently anti-democratic when deciding cases that affect American democracy.
The reason for the way judges are chosen in federal courts is so that the upper class has the judges on their side. The fact that they are nominated by the president and not voted for says that they were chosen specifically to be on the side of the person who is nominating them.
Civil Liberties and the Bill of Rights
1. Describe how you understand the “Establishment Clause” and the related “Lemon Test.”
I understand the “Establishment Clause” to mean that the United States is not allowed to create or endorse an official country-wide religion, the Church of the United States, or a state-wide religion, the Church of New York.
The “Lemon Test” is a three-part test used to determine whether a government’s treatment of a religious institution constitutes the “establishment of religion,” which is prohibited under the Establishment Clause.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Yes, burning the US flag is protected by the First Amendment because, in Texas v. Johnson, the Supreme Court decided it was considered “symbolic speech,” which is protected the same way as written and spoken communication.
3. What does it mean when someone says, “I’m taking the Fifth”?
“I’m taking the Fifth” means that an individual has decided to invoke their right against self-incrimination under the Fifth Amendment.
Civil Liberties and the Bill of Rights
- Williams writes in her essay that the war on terror is a new type of war. What’s new about it? How is it different from traditional wars?
Williams writes that the war on terror is a new type of war because it is a war of the mind. It is not a war against a specific body, specific land, or specific resources, but a war against anyone who makes us afraid.
2. In what ways does the “Roving Wiretaps” of the Patriot Act seem to violate the Bill of Rights? Which amendment(s) does it seem to violate and why?
The “Roving Wiretaps” of the Patriot Act seems to violate the Bill of Rights because it allows one wiretap authorization to cover multiple devices. This violates the Fourth Amendment because it’s a boundary between a general individual’s freedoms and the rights of those suspected of crimes, and the language of the Roving Wire Tap Act could lead to privacy violations for those who casually come into contact with a suspect.
3. What about “Sneak and Peek” Warrants?
The “Sneak and Peek” warrants violate the right to be present in the home while a search is being conducted. This allows the authorities to enter the home while no one is there, giving room for the authorities to plant evidence on the suspected person. This is a violation because it isn’t only able to be used for terror investigations or espionage cases, but it allows the “sneak and peek” warrant for minor crimes. This violates the Fourth Amendment, which protects us from overzealous efforts by law enforcement to root out crime by ensuring that police have a good reason before they intrude on people’s lives through criminal investigations.
Structure of US Government
- Describe the primary differences in the role of citizens in government, among the federal, confederation, and unitary systems.
In the confederation system, citizens have the most power because this system is comprised of local governments. In the unitary system, citizens are not involved and leave all the power and choice up to their central governments. In a federal system, the separation of powers must compromise between the democratic aspirations of the citizens and the ruling class.
2. Briefly explain how you understand the system of division of power.
The system of division of power is split into three branches: The legislative branch, the Judicial branch, and the Executive branch. The Legislative branch consists of Congress, two houses, the Senate and the House of Representatives, responsible for making federal law. The Executive branch is the President of the United States, who executes, enforces, and administers the laws and government. The Judicial branch consists of the Supreme Court and federal courts that interpret and apply US laws through cases brought before them; they can also rule laws unconstitutional.
3. How does the federal government shape the actions of state and local governments? Write your answer based on doing a bit of research on how the federal government has influenced the actions of NY state and local governments, during the COVID-19 pandemic.
The federal government shapes the actions of the state and local governments through the distribution of grants, mandates, incentives, and aid. An example of the federal government influencing the actions of NY state and local governments during the COVID-19 pandemic is when they imposed federal mandates to implement programs like the Coronavirus Relief Fund; these mandates were either fully or partially funded by the federal government.
The U.S. Constitution
- Based on the arguments presented in Readings 6.1 and 6.2, which social class wrote the Constitution, and which class was excluded and not allowed to participate in this process? In your comment, make sure you clearly specify the difference between the two classes by giving examples from the readings.
Based on the arguments presented in Readings 6.1 and 6.2, the social class that wrote the Constitution was the upper-class white males, or “gentlemen,” who were made up of wealthy landowners, merchants, and bankers. Native Americans, persons of African descent, women, slaves, indentured servants, and White males lacking sufficient property and working class were excluded from the process of writing the Constitution.
2. Would you say that the social class structure of early United States society was the same as ours today or different? Explain.
The social class structure of early United States society is like that of today’s society with some differences. The differences between then and now are that slavery has been abolished, women, Native Americans, and people of African descent have rights and are able to be a part of the government, and you don’t have to own property to rub or be appointed to any branch of government. However, it is still similar when it comes to the wealthy upper-class funding most aspects of the government and using it to their benefit.
3. Why were the people who wrote the Constitution so afraid of democracy? Hint: think about how to answer this question by discussing it in terms of social classes.
The people who wrote the Constitution were afraid of democracy because they believed if ruled by the common people, the rich would lose power. According to Alexander Hamilton, the social classes have divided themselves into the “few and the many,” those that are rich, and the other is the mass of people who are not. If a democracy were made, everyone would be able to vote, and it was likely that the upper classes would lose on many issues because those who were rich were fewer than the masses. Framers also worried about who would be able to come to power if the poor and uneducated participated in their local governments.
Factions and Faculities
- What concept that we have already discussed does “faction” remind you of?
To me, “faction” reminds me of the civil rights movement that we discussed in Module 2. The minority of black and brown citizens united for the interest of the community to fight segregation and the criminalization of colored people.
2. According to Federalist #10 (written by James Madison), what is the source of wealth (private property)? What factor explains why some people get to possess wealth by owning private property and others don’t (thus remaining poor)? This is a key question because it shows how the authors of the Constitution thought about the difference between different classes of Americans! HINT: focus on the passage that begins: “The diversity in the faculties (WHAT DOES FACULTIES mean or refer to?) of men, from which the rights of property originate, is not les….”
According to Federalist #10, the source of wealth (private property) is made possible and depends on the faculties of intelligent men. Some people possess wealth because they are superior in intelligence and are smart enough to own property. If you are poor, it’s because you aren’t smart enough to get out of the poverty you were born into.
3. Do you agree with this explanation of wealth and poverty?
No, I do not agree with this explanation of wealth and poverty. I don’t think intelligence equals wealth, because there are plenty of intelligent people who live in poverty because they aren’t given the opportunities to better themselves. They must work harder to become more qualified than those who are just given the opportunity because of nepotism.
4. What is the core mission (“first object”) of the US government? Does this surprise you; does it sound different from what our society today seems to suggest the core mission of the government is? Explain.
The core mission of the US government is to protect the wealth of the upper class, and to enforce the separation of the social classes, the intelligent wealthy and the unintelligent people in poverty. No, this does not surprise me because our government sort of works the same way. They give tax breaks and support the upper wealthy class, while the working class must continuously fight for rights.
5. Given the discussion in questions 1-4, are you surprised that Federalist #10 is not in favor of democracy and supports a Republican (representative) form of government? Why would the author dislike a (pure) democratic form of government? Hint: think about how this question connects with the social classes…
No, I am not surprised that Federalist #10 is not in favor of democracy because it was created by someone who was a part of the upper wealthy social class. The wealthy used the government to benefit themselves, not the working or lower classes. If a democracy were formed, the government would be more likely to support the working class over the wealthy.
Social Class
- Which statistic on wealth inequality in the US (discussed on p. 29) made the biggest impression on you? Explain why?
The statistics on wealth inequality in the US that made the biggest impression on me is that to be a part of the “richest” 20 percent, you need to earn only $75,000. I would think they needed to earn much more money to be considered part of the “richest 20 percent,” and they are not really rich but upper-middle class.
2. What could be some of the implications of living in a society that has such huge wealth inequalities? Do you see this dynamic getting played out in everyday life in our society? How so? Example?
The implications of living in a society that has such huge wealth inequalities is that large corporations double their assets while eliminating millions of jobs for the working class. Yes, I see this dynamic playing out in everyday life in our society because we see companies such as Google, which cut around 1,000 jobs in many of its divisions and have been heavily invested in AI and cloud computing. They have to reallocate resources and personnel, which has led to layoffs.