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Warm Up
If you were researching the constitution and peoples right to privacy which of the following topics would be best to look up?
a) b) c) d)
Executive Orders made by the Presidents of the United States that have violated peoples rights Supreme Court concurring and dissenting opinions on Privacy Political scandals involving the private lives of politicians Constitutional violations of the 18th Amendment
Answer
If you were researching the constitution and peoples right to privacy which of the following topics would be best to look up?
a)
Executive Orders made by the Presidents of the United States that have violated peoples rights
b) Supreme
Not all presidents or exective orders violate peoples rights. This search would only give you a limited amount of answers. All of which would point back to the supreme court for a more thorough answer.
RIGHT ANSWER!! The supreme court rules whether a law is constitutional or not. Concurring opinions are those that agree with the decision made and dissenting opinion are those who disagree with the decision made Rarely do these events even violate the privacy of politicians, since being famous usually means you lose many of your rights to privacy. Also this topic would give you a very limited if any amount of information about the constitutionality of a topic. 18th Amendment is about Income Tax
c)
d)
Affirmative Action
All state and national institutions abide by Affirmative Action Any organization receiving federal money has to abide by affirmative action VERY CONFUSING legislation supreme court has ruled on both sides of Affirmative Action
Affirmative Action
Bakke, a white student, sued California because he was denied admissions to medical school, when 16 minorities were admitted who had lower test scores
16 out of 100 spots are reserved every year for minorities However the court also ruled that a strict quota system was unconstitutional and ordered Bake to be admitted into Med school
Affirmative Action
Affirmative Action
Court said that a plan setting 30% of the city contracts for minorities was not constitutional Federal programs classifying people by race was unconstitutional
Affirmative Action
Ongoing Debate
1.
2.
Minorities have been handicapped by past discrimination that they suffer disadvantages today that whites do no contend with and therefore the government should actively try to promote equality for minorities Reverse Discrimination any discrimination based upon race or gender is wrong - merit should be the only basis for job selection
Reed v. Reed
Women received the right to vote Ruled a law unconstitutional that said a father is automatically executor of a sons will Established the Reasonable Standard test for discriminating against gender
If you discriminate it must be reasonable and not arbitrary and must rest on some ground of difference The difference must serve an Important government objective Discrimination is subject to intermediate scrutiny Treating women differently based upon old notions or stereotypes is unconstitutional
In which circumstances should the country allow for discrimination between men and women?
States cannot set different ages for men and women to become adults States cannot set different ages for men and women to purchase alcohol States cannot prevent women from serving on juries Employers cannot require women to take pregnancy leave Girls cannot be kept off of little league team Private clubs and community service groups cannot exclude women Employers must pay women retirement benefits equal to men States cannot ban women from attending government supported military colleges
All-boy and All-girl public schools are allowed, as long as enrollment is voluntary and the schools are equal States can give widows a property tax exemption not given to widowers States can prevent women from working in all male prisons Hospitals are allowed to ban fathers (male-nonemployees) from delivery room.
Congressional Action
Banned discrimination in the areas of hiring, firing, promotions, pay, and working conditions Banned discrimination in getting credit or financing Requires schools to give boys and girls equal chance in sports programs
Equal number of sports played Equal number of scholarships Still allowed for boys and girls only teams
Should the government be allowed to make decisions based upon information that is undisclosed to the public?
Exemptions:
National defense Confidential personal and financial data Law enforcement files
Sunshine Act
Government groups started holding meetings in private to avoid disclosure Sunshine Act required public meetings and a one weeks prior notice before the meeting Private meetings are allowed, but a transcript or recording must be made of the meeting
Constitution
The Right to privacy does not exist in the constitution Instead it has been ruled on positively by the Supreme Court
Confidentiality
Jaffee v. Redmond
Health professionals cannot be required to disclose information they recovery during therapy or the treatment of a patient
How much freedom should a child (someone under the age of 18) have when it comes to making educational decisions for themselves.
Legislation on Privacy
Allows people to inspect information about themselves so they can challenge or correct it if need be. Allows school files to be accessible to parents of students and students once they become 18.
Agencies are allowed to collect and share credit reporting information about individuals Companies have to keep strict records on who has access to credit information Credit checks cannot be done without a persons consent
Internet Issues
Is there privacy on the internet? How can the government regulate it? Analogy . . .
Privacy will be to the information age what consumer product safety was to the industrial age.
Final Assignment
Of all the Civil Liberties discussed in class, which one is handled the worse in government? In other words, which should be handled differently that it already is. Explain why Message Board 1 paragraph