Hi class,
I just posted our Second Exam: https://openlab.bmcc.cuny.edu/pol-100-0502-fall-2024-introduction-to-american-government/module-15-second-exam/
The exam is due next Sunday, the 15th, along with any other late work that you need to submit. Good luck!
Please email my grade
POL 100 (E051)
Joanne Khan-Mohammed
JOANNE.KHAN-MOHAMMED31@STU.BMCC.CUNY.EDU
1.The Patriot Act, enacted in the wake of the September 11 attacks, was designed to enhance the United States’ ability to combat terrorism. However, certain parts of this legislation have sparked debates regarding potential infringements on the Bill of Rights.
Section 215: Access to Records and Other Items Under the Foreign Intelligence Surveillance Act (FISA)*
Section 215 of the Patriot Act allows the FBI to access records and items for investigations into international terrorism or intelligence activities without requiring probable cause or the suspect’s knowledge. This broad authority has been criticized for potentially violating the Fourth Amendment, which protects against unreasonable searches and seizures and traditionally requires court warrants and probable cause to safeguard personal privacy.
Section 213: Delayed Notification Search Warrants (Sneak and Peek Warrants)
Section 213 allows for “sneak and peek” warrants, enabling law enforcement to search property without immediate notification to the owner. Authorities can delay notification if they believe it could compromise safety or an investigation. Critics argue this provision violates the Fourth Amendment by undermining the need for probable cause and timely notice, thereby reducing accountability and increasing the risk of potential abuses of power.
2. The First Amendment of the United States Constitution, which guarantees freedoms concerning religion, expression, assembly, and the right to petition, has been the cornerstone for many legal debates. One significant issue is whether the First Amendment protects the act of burning the US flag as a form of symbolic speech.
The landmark case addressing this issue is *Texas v. Johnson* (1989). In this case, Gregory Lee Johnson was convicted for desecrating a flag during a protest at the Republican National Convention in Dallas, Texas, in 1984. Texas law prohibited the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others.
3. The United States has a system of courts to resolve disputes and ensure laws are followed. There are three main levels of courts: US District Courts, Circuit Courts, and the Supreme Court. **US District Courts** are where most cases start. They handle issues like crimes and disagreements between people. Judges in these courts ensure fairness. **Circuit Courts** review decisions made by district courts. They check if the law was applied correctly and can change decisions if needed. The **Supreme Court** is the highest court. It makes important decisions on major issues and its rulings must be followed by everyone. Together, these courts help protect rights and ensure laws are upheld.
4. The Supreme Court’s decision in Betty Dukes v. Wal-Mart (2011) addressed a lawsuit from around 1.5 million women claiming gender discrimination under Title VII. The Court ruled 5-4 against allowing the class-action to proceed. They focused on “commonality,” meaning the plaintiffs needed to show they all faced the same issue. Justice Antonin Scalia stated the women did not provide enough evidence of a company-wide discriminatory policy since local managers made different decisions about pay and promotions. The Court also found that the use of statistics and surveys did not clearly connect discrimination claims to a specific policy. Additionally, the claims for back pay were improperly included under a rule meant for different types of relief.
5. The collective action problem happens when people struggle to work together on a common goal. This issue often affects public goods, which everyone can use without excluding others. It’s challenging to motivate people to contribute because many prefer to benefit without paying. A good example is climate change action; even though reducing carbon emissions helps everyone, countries have trouble agreeing on how to share costs. The free rider problem is related. It occurs when people use resources or services without paying for them. This is common with public goods, like public broadcasting services such as NPR or PBS, where many access content without donating. Both problems show how hard it is to coordinate actions in large groups. When individual interests do not match what is best for everyone, it becomes difficult to implement effective solutions.
6. Martin Luther King Jr. says that knowing the difference between just and unjust laws is important for civil disobedience. In his “Letter from Birmingham Jail,” he explains that a just law follows moral law and uplifts people, while an unjust law degrades them. A law that the majority imposes on a minority, without following it themselves, is unjust, especially when the minority had no say in making it. King believes that people must obey just laws, but they should break unjust laws peacefully when necessary. He encourages accepting the consequences to raise awareness of the law’s unfairness and work for change. This act should be open and loving to highlight the injustice and encourage reform.