Melissa Boatswain

POL-100

. What is the difference between gender and sex?

• Sex refers to the biological and physical characteristics that define humans as male, female, or intersex. These characteristics include chromosomes, hormone levels, and reproductive/sexual anatomy.
• Gender is a social and cultural construct that refers to roles, behaviors, activities, and expectations society considers appropriate for men, women, and other gender identities. It is not necessarily tied to biological sex and can vary across cultures and periods.

2. Describe the difference between cisgender and transgender persons.

• A cisgender person identifies with the gender assigned to them at birth. For example, someone assigned female at birth who identifies and lives as a woman is cisgender.
• A transgender person identifies with a gender different from the one they were assigned at birth. For instance, someone assigned male at birth who identifies and lives as a woman would be transgender.

3. What is gender expression?

• Gender expression is the external display of one’s gender identity through behaviors, clothing, hairstyle, voice, or body language. It is how individuals present themselves to the world and may or may not align with societal expectations or gender identity. Gender expression can range across a spectrum and does not necessarily indicate a person’s gender identity.

Melissa Boatswain

POL-100

• enables it to declare acts of the other branches unconstitutional
• an appeals court
• least dangerous
• Positive: Insulated from political pressures
  Negative: Lack of accountability
  Framers’ reason: To ensure judicial independence
• It provides consistency through precedent
• at the state level
• both civil and criminal law
• it involves a federal question
• Positive: Multiple layers of review
  Negative: Potential confusion or conflicting decisions
• Local or state courts
• district and circuit courts
• stare decisis
• nominated by the president and confirmed by the Senate
• No, as appointments ensure judicial independence
• Yes, diversity enhances representation; qualifications are essential
• one chief justice and eight associate justices
• four
• filing amicus curiae briefs
• solicitor general
• A more politically polarized selection process
• defer to the decisions of the elected branches of government
• concurring opinion
• all of the above
• Legal precedents, statutory interpretation, constitutional principles, judicial philosophy
• Reliance on the executive branch for enforcement; resistance can impede implementation

The Bill of Rights was added to the Constitution because:

Key states refused to ratify the Constitution unless it was added. Many states felt that without explicit protections for individual liberties, the Constitution was insufficient, leading to the promise of a Bill of Rights.

2. An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the:

Right to a writ of habeas corpus. This right ensures that individuals cannot be detained unlawfully without being informed of the charges against them.

3. The Fourteenth Amendment was critically important for civil liberties because it:

Helped start the process of selective incorporation of the Bill of Rights. It extended protections to include state actions, ensuring that individual rights were recognized at both federal and state levels.

4. Difference between civil liberties and civil rights:

Civil liberties are fundamental freedoms protected from government interference (e.g., freedom of speech), while civil rights involve the right to be treated equally and without discrimination (e.g., voting rights).

5. Selective incorporation:

Selective incorporation is the legal doctrine whereby the Supreme Court has applied portions of the Bill of Rights to the states through the Fourteenth Amendment. This became necessary to ensure that individual rights were protected from state infringement.

6. Which of the following provisions is not part of the First Amendment?

The right to keep and bear arms. This right is covered under the Second Amendment.

7. The Third Amendment can be thought of as:

Forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments. It prohibits the quartering of soldiers in private homes without consent.

8. The Fourth Amendment’s requirement for a warrant:

This does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued. This exception allows for exigent circumstances.

9. Establishment clause vs. free exercise clause:

The Establishment Clause prohibits the government from establishing a religion, while the Free Exercise Clause protects individuals’ rights to practice their religion freely. Together, these clauses guarantee a separation of church and state while protecting individual religious practices.

10. Collective rights vs. individual rights views of the Second Amendment:

Collective rights view the Second Amendment as protecting state militias, while individual rights view it as guaranteeing personal firearm ownership. The Supreme Court’s decision in District of Columbia v. Heller reflected the individual rights interpretation, affirming the right to possess a firearm for self-defense.

11. Kelo v. City of New London was controversial because it:

Allowed greater use of the power of eminent domain. The ruling enabled governments to take private property for economic development, raising concerns about property rights.

12. Which of the following rights is not protected by the Sixth Amendment?

The right to remain silent. This right is protected by the Fifth Amendment.

13. The double jeopardy rule forbids which of the following?

Prosecuting someone in federal court for a criminal act he or she had been acquitted of in a state court. This protects individuals from being tried multiple times for the same offense.

14. The Supreme Court has decided that the death penalty:

It may not be applied to those who were under 18 when they committed a crime. This reflects evolving standards of decency.

15. Reasons for negotiating a plea bargain:

Accused individuals may negotiate a plea bargain to avoid the uncertainty of a trial, potentially receiving a lighter sentence than if convicted of the original charges. It provides a sense of closure and may reduce legal costs.

16. Difference between a criminal case and a civil case:

A criminal case involves prosecution by the government for violations of law, resulting in penalties like imprisonment, while a civil case involves disputes between individuals or entities, typically resolved through monetary compensation or orders for specific actions.

17. Which of the following rights is not explicitly protected by some state constitutions?

The right to polygamous marriage. Most states do not recognize polygamous marriages despite various rights being enshrined in state constitutions.

18. The right to privacy has been controversial for all the following reasons except:

Most U.S. citizens today believe the government should be allowed to outlaw birth control. This belief is not widely held and does not represent the main controversy surrounding privacy rights.

19. The Supreme Court said which rule is an undue burden on the right to have an abortion.

Women must notify their spouses before having an abortion. This requirement was deemed to create an undue burden on women’s rights.

20. A major difference between most European countries and the United States today is:

Laws in Europe more strictly regulate how government officials can use tracking technology. European privacy laws are generally more stringent.

21. Difference between a right listed in the Bill of Rights and a common-law right:

A right listed in the Bill of Rights is explicitly stated in the Constitution, providing clear protections, whereas a common-law right is derived from court decisions and legal precedents, often based on tradition rather than written statutes.

22. Two ways in which new technological developments challenge traditional notions of privacy:

1. Data Collection: Technology enables extensive data collection by corporations and governments, often without individuals’ explicit consent.
2. Surveillance: Advancements in surveillance technology, such as facial recognition, allow for constant monitoring, blurring the lines of personal privacy.

23. Framers’ reluctance to include protections of civil liberties today:

If the Constitution were written today, it’s likely that protections for civil liberties would be more explicitly included, reflecting contemporary values and the necessity of safeguarding individual rights in a diverse society.

24. Government protection of citizens’ rights and freedoms:

The government does a commendable job of protecting rights like freedom of speech and the right to a fair trial. However, it could better protect privacy rights and address issues related to surveillance and data security.

25. Areas of rights and liberties at risk of government intrusion:

Surveillance and data privacy are areas where rights are at risk. Solutions could include stronger privacy laws and regulations governing data collection and usage by both government and private entities.

26. Implications of Burwell v. Hobby Lobby:

The decision in Burwell v. Hobby Lobby affirmed that closely held corporations could refuse to provide contraceptive coverage based on religious objections, highlighting the tension between corporate rights and individual reproductive rights.

27. Individual rights and government resources:

Protecting individual rights consumes significant government resources, often leading to legal challenges and costs. While some may argue these resources could be better spent, others believe they are crucial for maintaining a just society.

28. Better for 100 guilty people to go free:

I agree with the sentiment that it’s better for 100 guilty people to go free than for an innocent person to be unjustly punished. Striking the right balance involves ensuring that legal processes prioritize fairness and due process to protect the innocent while holding the guilty accountable.

• The Bill of Rights was added to the Constitution because
  key states refused to ratify the Constitution unless it was added. This was a significant concern during the ratification debates, leading to the promise of adding the Bill of Rights.
• An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the
  right to a writ of habeas corpus. This right is mentioned in Article I, Section 9 of the Constitution.
• The Fourteenth Amendment was critically important for civil liberties because it
  helped start the process of selective incorporation of the Bill of Rights. It extended protections against state infringement of individual rights.
• Briefly explain the difference between civil liberties and civil rights.
  Civil liberties refer to the individual freedoms guaranteed to citizens, often outlined in the Bill of Rights, such as freedom of speech and religion. Civil rights, on the other hand, refer to the rights of individuals to receive equal treatment under the law, often focusing on preventing discrimination and ensuring equal opportunity.
• Briefly explain the concept of selective incorporation and why it became necessary.
  Selective incorporation is the legal doctrine by which certain rights in the Bill of Rights are applied to the states through the Fourteenth Amendment’s Due Process Clause. It became necessary because it ensured that fundamental rights were protected from infringement by state governments, not just the federal government.
• Which of the following provisions is not part of the First Amendment?
  The right to keep and bear arms. This right is protected by the Second Amendment.
• The Third Amendment can be thought of as
  forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments. It prohibits the quartering of soldiers in private homes without consent.
• The Fourth Amendment’s requirement for a warrant
  does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued. This is known as the “exigent circumstances” exception.
• Explain the difference between the Establishment Clause and the Free Exercise Clause, and explain how these two clauses work together to guarantee religious freedoms.
  The Establishment Clause prohibits the government from establishing an official religion or favoring one religion over another. The free exercise clause protects individuals’ rights to practice their religion freely without government interference. Together, they create a framework that ensures both the separation of church and state and the protection of individual religious practices.
• Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court’s decision in District of Columbia v. Heller reflect?
  The collective rights view posits that the Second Amendment’s right to bear arms is tied to service in a militia, while the individual rights view argues that it guarantees an individual’s right to own firearms. The Supreme Court’s decision in District of Columbia v. Heller reflected the individual rights view, affirming the right to possess a firearm for self-defense.
• The Supreme Court case known as Kelo v. City of New London was controversial because it
  allowed greater use of the power of eminent domain. The ruling allowed the government to seize private property for economic development, raising concerns about property rights.
• Which of the following rights is not protected by the Sixth Amendment?
  The right to remain silent. This right is part of the Fifth Amendment.
• The double jeopardy rule in the Bill of Rights forbids which of the following?
  Prosecuting someone in a state court for a criminal act he or she had been acquitted of in federal court. It protects individuals from being tried twice for the same offense.
• The Supreme Court has decided that the death penalty
  may not be applied to those who were under 18 when they committed a crime. This ruling reflects concerns about juvenile justice and the appropriateness of capital punishment for minors.
• Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury.
  A defendant might negotiate a plea bargain to avoid the uncertainties and potential harsher penalties of a trial. It can lead to a reduced sentence or lesser charges, providing a more certain outcome.
• Explain the difference between a criminal case and a civil case.
  A criminal case involves the government prosecuting an individual for violating laws that prohibit certain behaviors, with potential penalties including imprisonment or fines. A civil case involves disputes between individuals or entities, often over rights, responsibilities, or compensation, typically resolved through monetary damages or injunctions.
• Which of the following rights is not explicitly protected by some state constitutions?
  The right to polygamous marriage. This right is not recognized in state constitutions due to legal prohibitions against polygamy.
• The right to privacy has been controversial for all the following reasons, except
  most U.S. citizens today believe the government should be allowed to outlaw birth control. This statement does not accurately reflect public opinion on privacy rights and birth control.
• Which of the following rules has the Supreme Court said is an undue burden on the right to have an abortion?
  Women must notify their spouses before having an abortion. This requirement was deemed an undue burden by the Court.
• A major difference between most European countries and the United States today is
  laws in Europe more strictly regulate how government officials can use tracking technology. European privacy laws tend to be more stringent than those in the U.S.
• Explain the difference between a right listed in the Bill of Rights and a common-law right.
  A right listed in the Bill of Rights is explicitly enumerated in the Constitution, protecting individual freedoms from government infringement. A common-law right is derived from judicial precedents and customs, evolving through court decisions over time rather than being explicitly codified.
• Describe two ways in which new technological developments challenge traditional notions of privacy.
  a. The widespread use of surveillance cameras and facial recognition technology can lead to constant monitoring of individuals in public spaces, infringing on their privacy.
  b. The collection and storage of personal data by companies and governments through smartphones and internet use can result in unauthorized access and use of sensitive information, eroding traditional privacy protections.
• The framers of the Constitution were originally reluctant to include protections of civil liberties and rights in the Constitution. Do you think this would be the case if the Constitution were written today? Why or why not?
  If the Constitution were written today, it is unlikely the framers would be as reluctant to include civil liberties protections. The historical context of civil rights movements and current societal values emphasize the importance of safeguarding individual rights against governmental abuse.
• Which rights and freedoms for citizens do you think our government does a good job of protecting? Why? Which rights and freedoms could it better protect, and how?
  The government generally does a good job protecting freedom of speech and the right to vote, supported by robust legal frameworks and enforcement mechanisms. However, it could better protect the right to privacy through more comprehensive data protection laws and regulation of surveillance practices.
• In which areas do you think people’s rights and liberties are at risk of government intrusion? Why? Which solutions would you propose?
  People’s rights and liberties are at risk in areas like surveillance and data privacy, where government agencies may overreach in collecting personal information. Solutions could include stricter regulations on data collection and clearer guidelines for law enforcement’s use of surveillance technology.
• What are the implications of the Supreme Court decision in Burwell v. Hobby?
  The decision in Burwell v. Hobby Lobby allowed closely held corporations to refuse to provide contraception coverage in health insurance plans based on religious objections, raising questions about the balance between religious freedom and women’s healthcare rights.
• How does the provision for and the protection of individual rights and freedoms consume government resources of time and money? Since these are, in effect, the people’s resources, do you think they are being well spent? Why or why not?
  Protecting individual rights and freedoms requires significant government resources for legal enforcement, public education, and the judiciary. While it may seem costly, these investments are essential to uphold democracy and ensure justice, thus justifying their expenditure.
• There is an old saying that it’s better for 100 guilty people to go free than for an innocent person to be unjustly punished. Do you agree? Why or why? What do you think is the right balance for our society to strike?
  I agree with the saying as it emphasizes the importance of protecting the rights of the innocent over punishing the guilty without due process. The right balance for society is to maintain a fair and just legal system that upholds the presumption of innocence and ensures accountability without sacrificing individual rights.

POL-100

1. In a federal system, the constitution allocates powers between states and the federal
government; in a unitary system, powers are lodged in the national government.
2. Taxes generate well over one-half the total revenue of local and state governments.
3. Key provisions include the Tenth Amendment and the Supremacy Clause.
4. The main functions include national defense, foreign affairs, and local issues
management.
5. Necessary and proper clause and supremacy clause.
6. President Reagan was able to promote new federalism consistently throughout his
administration.
7. Cooperative federalism respects the traditional jurisdictional boundaries between states
and the federal government.
8. Cooperative federalism involves collaboration; dual federalism maintains distinct spheres
of authority.
9. It reinforced the supremacy of federal law and established the principle of implied
powers.
10. The amount of federal grant money going to states has steadily increased since the 1960s.
11. The Unfunded Mandates Reform Act has prevented Congress from using unfunded
mandates.
12. The "carrot" represents grants, while the "stick" refers to mandates.
13. The Arizona v. United States decision struck down all of Arizona’s most restrictive
provisions on undocumented immigration.
14. United States v. Windsor legalized same-sex marriage in the United States.
15. Anti-abortion advocates have steered the abortion issue from the states up to the federal
government.
16. Venue shopping refers to choosing a jurisdiction based on favorable outcomes.
17. Federalism encourages economic equality across the country.
18. Advantages include promoting political participation and accommodating diverse
opinions.
19. Disadvantages include potential inefficiencies and disparities in service provision across
states.

Melissa Boatswain

POL-100

Self-Assessment Exercise 6.3

1. What is a faction? A faction is defined as a group of citizens, whether a majority or
   minority, united by a common impulse of passion or interest that is adverse to the rights
   of other citizens or the broader interests of the community. Factions can arise from
   various motivations, including economic interests, political agendas, or social issues, and
   they often seek to promote their own goals at the expense of others.
2. What are the two methods of controlling factions? The two methods of controlling
   factions are:
   Removing the causes of faction: This involves eliminating the underlying issues
   that lead to the formation of factions, such as differing opinions or economic
   disparities.
   Controlling the effects of factions: This method focuses on mitigating the
   negative impacts of factions rather than trying to eliminate their causes.
3. The two methods of removing the causes of factions? The two methods of removing
   the causes of factions are:
   Destroying liberty: This approach suggests that eliminating the freedoms that
   allow factions to form would remove the faction itself. However, this is deemed
   worse than the problem of factionalism, as liberty is essential to political life.
   Creating uniformity of opinions, passions, and interests among citizens: This
   method proposes that if everyone held the same views and interests, factions
   would not form. However, this is considered impractical, as human nature and
   individual differences make such uniformity impossible.
4. Think about the word faculties. What does it mean? In the context of Federalist #10,
   “faculties” refers to the various capabilities or attributes of individuals, particularly in
   relation to their abilities to reason, acquire property, and pursue personal interests. The
   diversity of these faculties leads to different opinions interests, and ultimately to the
   formation of factions based on differing perspectives on property and wealth.
5. What is the difference between pure democracy and a republic? The main differences
   Between a pure democracy and a republic are:
   Delegation of government: In a republic, government authority is delegated to a
   small number of elected representatives who are accountable to the citizens. In
   contrast, a pure democracy involves all citizens directly participating in decisions–
   making and governance.
   Scope of representation: A republic can encompass a larger number of citizens
   and a greater geographical area than a pure democracy. This larger scope allows
   for a more refined approach to governance, as representatives can filter and
   analyze public views and interests before making decisions.

These concepts are fundamental to understanding the arguments presented in Federalist #10
regarding the nature of factions, the challenges of democracy, and the advantages of a republic in
controlling the effects of factions.

Melissa Boatswain

POL -100

Self-Assessment Exercise 6.2

1. What does the word “disenfranchised” mean?
   The term “disenfranchised” refers to the state of being deprived of the right to vote or to
   participate in political processes. It often pertains to individuals or groups who have been
   systematically excluded from civic engagement and decision-making due to various
   factors, such as race, class, or gender.
2. Who were the members of the “Disenfranchised”? What were some common factors
   shared by members of this group? What social class that we have studied in
   previous modules is Beard describing here?
   The members of the “Disenfranchised” were primarily composed of lower-income
   individuals, including laborers, small farmers, and others without significant property
   ownership. Common factors shared by this group included limited economic resources,
   lack of political influence, and exclusion from the voting process due to property
   qualifications and other restrictions. In previous modules, this group can be associated
   with the lower or working class, which typically struggled for representation and had
   minimal power in the political landscape.
3. Which social class did the “real property holders” and those in “manufacturing,
   shipping, and personal securities” belong to? Why? What makes their class
   membership clear?
   The “real property holders” and those involved in “manufacturing, shipping, and personal
   securities” belonged to the upper or elite class. Their class membership is clear due to
   their ownership of significant assets and wealth, which provided them with economic
   power and influence over political decisions. This class consisted of wealthy landowners,

merchants, and industrialists who had the resources necessary to shape policy and
maintain their interests in the government.

Melissa Boatswain

POL -100

Self-Assessment Exercise 6.1

1. In early America, what was required for someone to be able to vote?
   In early America, voting was typically restricted to white male property owners. This
   requirement ensured that only those who had a stake in the economic and political system
   could participate in governance. Additionally, many states imposed restrictions based on
   race, religion, and tax status, further limiting the electorate to a specific demographic.
2. Which social class did most people belong to in early America?
   Most people in early America belonged to the lower or middle class, primarily consisting
   of small farmers, laborers, and artisans. A small but influential upper class, composed of
   wealthy landowners and merchants, held significant power and influence over political
   and economic matters, while the majority of the population had limited political rights
   and economic opportunities.
3. What was Madison’s goal in writing “Federalist #10”?
   Madison’s goal in writing “Federalist #10” was to address the issue of factions and to
   argue for the advantages of a strong, unified republic over a pure democracy. He sought
   to demonstrate how a large republic could control the negative effects of factions by
   diluting their influence and promoting a system of representation that could better reflect
   the diverse interests of the population.
4. Why were the people who wrote the Constitution so afraid of democracy?
   The framers of the Constitution were afraid of democracy primarily because they
   believed that the direct participation of all citizens in governance could lead to mob rule and
   the tyranny of the majority. They feared that pure democracy could result in factions
   gaining power and pursuing their own interests at the expense of the rights and welfare of

others. This concern stemmed from their understanding of social class dynamics, as they
recognized that the interests of the wealthy elite could be threatened by the majority’s
demands.

5. What were some of the reasons why the Constitution never abolished the slave
   trade?
   The Constitution never abolished the slave trade for several reasons, including:
   o Economic Interests: Many southern states relied heavily on the slave trade for
   their agricultural economies, particularly for the production of cash crops like
   tobacco and cotton. Abolishing the trade would have threatened their economic
   viability.
   o Compromise and Unity: In order to achieve ratification and maintain the unity
   of the states, the framers made compromises on contentious issues like slavery.
   They sought to create a functional government and avoid alienating southern
   states.
   Political Power: The southern states recognized the political power they gained
   through the institution of slavery and the associated representation in Congress.
   Abolishing the slave trade would have diminished their influence in the federal
   government.

1. Liberals disagree with social classes there is no point for it. It’s just another form of identity politics.  Socialists think that class is more than another identity you learn about racial and  gender. 

2.”First, class structures are built around a close form of dependency. Second, the basis of capitalist class power — their control over society’s productive assets — forces all of society into dependence on them.”

3.“First, the fact that everyone else in society exists in a state of dependence on capitalists means that other forms of oppression are intimately bound up with class power — and so confronting them inevitably requires confronting the power of the capitalist class. Second, and relatedly, the socialist view of class tells us something crucial about where the kind of power that is capable of undoing various forms of oppression is located.”