DB 14- Junice Ramirez

1. What’s the between “whiteness” and racism, according to Ruth Gilmore?

Ruth Gilmore explains that capitalism has always needed inequality and has always used race to create that inequality. She says capitalism started as racial even before people were divided into Black and white. “Whiteness” is not just about skin color, but about being placed higher in a social system built on race. Racism continues even if white people are no longer in the picture, because the system still needs someone to be treated as less. So, whiteness is part of how racism works, but the system of racism can continue without it because the structure stays the same.

2. According to Gilmore, how does the prison system create new “criminals”? Do you agree with her view?

Gilmore says that the prison system creates more criminals by needing more people to fill prisons. Local governments build prisons instead of things like schools or housing, so they rely on a steady stream of people being labeled as criminals. The laws get stricter, sentences get longer, and even when people leave prison, they’re still treated as criminals, which keeps the system going. It’s a cycle. 

3. How do you understand what Prof. Gilmore calls “liberation struggle”?

Liberation struggle means people fighting for freedom in the specific places and conditions where they live. Gilmore says it’s not just about one big movement, but many local fights that connect to bigger problems like racism, housing, and prisons. For example, people who built their own homes and faced losing them organized to protect not just their houses, but their community. They also studied history, racism, and politics together. Liberation is about more than just fixing one problem, it’s about building community and knowledge to fight many problems at once, where people are.

MLK- Junice Ramirez

1. According to MLK, you can tell if a law is just or unjust by looking at how it affects people. If a law makes people feel better, more respected, and valued, it’s likely a just law. If a law makes people feel less human, disrespected, or puts them down, it’s likely an unjust law. He says a just law matches moral rules or God’s law, and an unjust law goes against them.

2. Yes, based on the letter, this difference between just and unjust laws is very important. It makes a big difference in how people live because it tells them when they have a moral duty to obey a law and when they have a moral duty to disobey it. This can affect society and politics because it means people shouldn’t just accept laws that are unfair or harmful, even if they are legal. It suggests people have a right to challenge laws that they see as morally wrong.

3. An example of an unjust law in the US today would be any law that treats a group of people unfairly or makes them feel less important just because of who they are. This would be unjust because it degrades their human personality. The text used segregation laws as an example of this kind of degrading law. An example of a just law in the US today would be a law that protects everyone’s basic rights and makes sure everyone is treated equally. This would be just because it uplifts human personality and shows respect for all people.

Dukes v. Wal-Mart- Junice Ramirez

The Supreme Court decided against the women in the Dukes v. Wal-Mart case, ruling that they could not proceed with their lawsuit as a single, massive class action. The core of their justification revolved around the legal requirement of “commonality” for class action lawsuits. This means that everyone in the group suing must share a common problem or be affected by the same issue in a sufficiently similar way. The Court, led by Justice Scalia, argued that despite the widespread evidence of sex discrimination at Wal-Mart, the individual experiences of the 1.5 million women were too varied to meet this “commonality” standard. They reasoned that because women were denied different promotions, received different pay discrepancies, and faced different discriminatory comments or actions from different managers in different stores, there wasn’t a single, unified reason or “glue,” as Scalia put it, that tied all these instances together in a way that could be addressed with a single legal solution for the entire group. Furthermore, the Court noted that the women were seeking both systemic changes (injunctive relief) and individual back pay (monetary relief), and the complexity of calculating and distributing different amounts of money to so many individuals further undermined the idea of a “common” solution for the class. This decision, therefore, basically stated that while many women at Wal-Mart may have faced sexism, their individual experiences of this discrimination were not sufficiently “common” in the eyes of the law to allow them to sue as one unified group.

The Role of the Courts-

  1. The court system is better at protecting individual rights because judges focus on the law and the Constitution, not on winning votes or staying popular. Elected officials, like the President or members of Congress, often make decisions based on what the majority wants so they can get re-elected. This can sometimes lead to ignoring the rights of individuals or minority groups. A great example of how courts protect rights is the case Miranda v. Arizona. Ernesto Miranda was arrested and confessed to a crime without being told he had the right to remain silent or to have a lawyer. The Supreme Court said this violated his rights under the Fifth and Sixth Amendments. Because of this case, police now have to read people their “Miranda rights” when they are arrested. This shows how the courts can step in to stop unfair treatment and make sure everyone’s rights are protected, even when other parts of the government fail to do so.
  2. Some people say the Supreme Court is anti-democratic because justices aren’t elected by the people. Instead, they are chosen by the President and approved by the Senate. This means regular citizens don’t get to vote for them, which can feel unfair in a democracy. However, there’s a good reason for this. The Founding Fathers, like James Madison in Federalist #10, worried that if every decision was based only on majority rule, the rights of individuals and minority groups could be ignored. By having judges who aren’t elected, the courts can stay independent and make decisions based on the Constitution, not on what’s popular or what will win votes. This helps protect everyone’s rights, even if the majority disagrees. That said, many judges come from wealthy or powerful backgrounds, which means they might not always understand or focus on the struggles of ordinary people. This can be a downside.

War on Terror & Our Rights

  1. Patricia Williams describes the war on terror as different from traditional wars because it is more about fighting an idea, specifically the fear of terrorism, rather than a specific enemy or nation. This allows anyone who causes fear to be considered an enemy, making it difficult to fight and adding a layer of social panic.
  2. Roving wiretaps from the Patriot Act seem to violate the Fourth Amendment, which protects against unreasonable searches and seizures. This is because the law allows the government to wiretap multiple devices without needing a separate court order for each, making it easier for innocent people who might be connected to a suspect to be spied upon without proper checks.
  3. “Sneak and Peek” warrants let authorities search a home or business without immediately notifying the person being investigated. This appears to violate the Fourth Amendment, as it undermines the right to privacy and due process by allowing searches without timely notice, preventing individuals from knowing about and challenging the search.

Protections in The Bill of Rights

  1. The Establishment Clause is part of the First Amendment, prohibiting the government from establishing a religion or favoring one religion over another. It keeps church and state separate and prevents the government from promoting religious beliefs. The Lemon Test, from the Supreme Court case Lemon v. Kurtzman (1971), is a way to check if a law breaks this rule. For a law to be allowed, it must: (1) have a non-religious purpose, (2) not help or hurt any religion, and (3) not create too much connection between the government and religion.
  2. Burning the U.S. flag is protected by the First Amendment as symbolic speech. This was affirmed in the Supreme Court case Texas v. Johnson (1989), where the Court ruled that flag desecration is a form of free expression protected by the First Amendment.
  3. When someone says, “I’m taking the Fifth,” they are using their Fifth Amendment right not to answer questions that could make them look guilty of a crime. This means they don’t want to provide any information that could lead to their conviction. This right to remain silent is important because it protects people from being forced to speak against themselves. This right became well-known after the Supreme Court case Miranda v. Arizona (1966), where it was decided that police must inform suspects about their rights, including the right to stay silent.

Federal Systems- Junice Ramirez

  1. In a federal system like the U.S., citizens can engage with both state and national governments, giving them multiple ways to influence policies. In a confederation, citizens mainly deal with their state governments since the central government has little power, making their involvement more local. In a unitary system, the central government holds most of the power, so citizens have less direct influence on national policies and mainly interact at the local level.
  2. The division of power is how authority is split between the federal government and state governments. The federal government deals with national issues like defense, while state governments handle local matters like education. This setup is meant to balance power, ensuring that no single government can act without considering the other.
  3. During the COVID-19 pandemic, the federal government significantly influenced New York State and local actions. For example, it provided funding through relief packages like the CARES Act, which helped New York pay for healthcare and support people out of work. The federal government also offered guidelines through the CDC on safety measures like social distancing and mask-wearing, which New York followed. Also, the federal emergency declaration allowed for quicker resource sharing and better coordination, enabling the state to respond to the pandemic more effectively.

Federalist #10- Junice Ramirez

  1. The concept of “faction” reminds me of class conflict because it highlights the struggles between different groups in society with competing interests.
  2. Madison explains that wealth comes from “the diversity in the faculties” of people, which means their different skills and abilities. Some people are able to acquire wealth due to their talents, while others may not have those same abilities, leading to poverty.
  3. I agree partially. While individual skills do play a role in wealth creation, other factors like education and social systems also significantly affect a person’s ability to get rich. It’s not just about personal talent; societal barriers impact wealth distribution too.
  4. The core mission of the US government, according to Madison, is to protect property rights and the interests of those who own property. Madison’s view emphasizes protecting the wealthy rather than serving broader social goals.
  5. It’s not surprising that Federalist #10 favors a Republican government instead of pure democracy. Madison feared that democracy could lead to majority rule, which might threaten the rights of wealthy property owners. He believed a representative system would better protect the interests of all, especially the established classes, from potential conflicts with the poorer majority.

U.S Constitution & Social Class- Junice Ramirez

  1. The Constitution was written primarily by the upper class, including wealthy landowners and merchants. This group, often called the “gentlemen,” included men like George Washington and Alexander Hamilton. In contrast, the social classes excluded from the process included poor farmers, enslaved people, indentured servants, and women. Basically those without property who couldn’t participate in politics.
  2. The social class structure of early America was different from today’s structure. Back then, it was mostly divided between rich landowners and poor, disenfranchised individuals. Today, we have more classes, such as the middle class, and more people can vote and participate, regardless of their wealth.
  3. The framers of the Constitution feared democracy because they believed that the majority of people (especially the poor) could threaten their wealth and property. They worried that if everyone could vote, they might end up losing their money or power, which is why they designed a government that limited the influence of the lower classes.

Labor & Value – Junice Ramirez

  1. The means of production refers to the resources, tools, and infrastructure used to create goods and services, such as a car factory with its building, machinery, and raw materials. Labor, on the other hand, refers to the human effort, skills, and time used in production, such as the workers employed at the car factory, including welders, assembly line workers, and engineers.
  2. Value, according to the video, is determined by the amount of socially necessary labor time required to produce a commodity. Labor gives “value” to value. 
  3. Labor and value are directly related. The relationship is that labor creates value. The amount of “socially necessary labor time” required to produce a commodity determines its value.
  4. Labor is the actual work performed. It’s the process of transforming raw materials or existing goods into something new, using physical and mental effort. It’s the doing of the work. Labor power is the capacity or potential to do work. It’s the worker’s ability – their skills, knowledge, physical strength, and willingness – to perform labor. It’s something the worker possesses and can sell. This is something that the capitalist “purchases.” The key difference, therefore, is that one is the activity (labor) and the other is the potential for the activity (labor power).
  5. Surplus value is the difference between the value of the product a worker produces and the wages the worker receives. it’s the profit (or a significant portion of the profit) that the capitalist makes from the worker’s labor. Surplus value is central to understanding class division because It helps us understand the unequal distribution of wealth in capitalist societies. For example, a fast food worker paid $15/hour makes and sells items that generate $30/hour in revenue. The worker generates $30 of value per hour, while only receiving $15 in wages. The $15 difference (surplus value) is profit for the restaurant owner.