Obscenity
November 20, 2012
Hicklin Test (Regina v. Hicklin)
---check on the weak minded
---”Isolated passages”
People
1-Constock Statue
-ex. Carrie Grant was a little too obscend
-no contraceptives,no certain movies,couldnt talk about certain things
Literature
Fanny Hill-Memoirs of a woman of pleasure
“Can the weak-minded not sustained?” NO
Challenge was that this book has literary value and must be taken as a whole
Court Cases
1) Ross v. U.S.
-If its obscene it is not protected speech
-Hicklin test had to go,uses an average person
2) Miller V. California
-Average person,contemporary community standards
-work as a whole
-explicit conduct defined illegal by state law
-Work lacks serious literay,artisitic,political or scientifc value
~Legal Alternatives to Obscenity Prosecutions
Broadcast change things
-Howard Stern “The Jerker”
- “Bubba the Love Sponge”
--Not saying the word doesnt mean youre not saying the word
1.Cable Television
2.Telephonse
Dial-A-Porn(1-900)
3. Internet
-unwavering in access to the internet
Timeline
First Hicklin Test (1857) -if its tempting to the weak-minded
and one sentence can be tempting for it ot fail
1st Change
+ Look at the work as a whole
2nd Change
Ross
+Average person
Miller V. California (1973)
Sexual Conduct is defined with Miler(1974)
-representations or descriptions
-Drawing,pictures and animation
-Excretory functions?
National Standarad (1987)
Economic Policy Making
Decemeber 3, 2012
Two major worries regarding the us economy
1)Unemplyoment
*7.8-8.0%
2)Inflation
-CPI (Consumer Price Index0
*2-3%
Instruments for Controlling the Econonmy
●Laissex-Faire-Stay out of it
Before the Depression this was the type of Economic System
This principle is largely gone
-most important tool by Gov’t to manage is monetary policy
Fiscal Policy ( before 1928) Laissez-faire
Great Depression (1930)
Then after Depression
Fiscal Policy--Budgeting of money (keynes (ian) economics)
1)tax
2)Spend
1980s( Monetary Policy)
Supply of Money
Goals
1)Encourage growth
2)restrain inflation
If it grows to fast prices get out of control,grow econonmy slowly
It has to do with interest rates that consituents pay
The Federal Reserve System
Inteneded to be beyond the control of the president and congrss
regulate the money supply
Gov’t agency that is not under any branch
-Board appointed by the President and Confirmed by the Senate
A. How the Fed works
Monetary Policy
Federal Open Market Committee
-They set the federal funds rate (Amount that back charge banks for overnight loans)
-Purchases and sales bonds
B. Fed influence on State Economy
(Japan and China share foreign debt)
Fiscal Policy (1930-1980)
-How much money you have in the system
-Congress and the preseident shape fiscal policy
3 Things to drive economy:
-Tax,Spend,Borrow
-Big Gov’t
Keynesian Economics Theory (Demand Side)
John Maynard Keynes
-When Buss. slows, Govt picks it up
-Used until the Regean Era
Trickle Down Economics (Supply Side Economics)
-Key task for Gov’t ecnonmic Policy is to stimulate the supply of goods,not their demand
-”Gov’t curtails growth” “Gov’t uses up too much of GDP”
Obstacles to Controlling the Economy
1)“Political business Cycle”
Gov’t makes economic policy slowly
2) “Uncontrollable spending” is payment on the debt and your payments of social security and reitrement
3) Private Sector dominates the US economy
Econonmic Interest Groups
1) Business
2) Consumers
3) Labor
Business and Public Policy Regulations:
-Business Practices
Security and Exchange Commission-Prevents security fraud and business fraud (stocks)
Anti-Trust Policies-Prevent Monopolies
Subsidies-Federal Gov’t is number one source of research
Department of Commerce-Small business loans
Consumer Policy
Use to be “Buyer Beware”
1906-Food and Drug Act -no impure drugs and food
-Created Food and Drug Administration
Ralph Nader-Pinto would blow up if hit in the back,Ralph exposed this
Consumer Protection Act- Tells interest rates on credits card and borrwoing money EXCEPT Loans with 800-1000% interest --indian reservations
Labor
Wagner Act-Collective Bargaining
Taft-Hartley Act- Right to Halt Strikes
“Free-Rider”- All teachers benefit from the Unions although all are not a part
ex. Minmum Wage
Unemployment
Weekends off
Liberal v. Conservatives
Liberals-More regulation, What can Gov’t do?
Conservatives-Less regulation,What Gov’t does wrong?
Social Welfare Policy
12-6-2012
-Social Welfare policies attempt to procvde assistance and support to specific groups in society
-You have welfare because of the vast differences in wealth and income
Income Disparity is why we have Social Welfare diparity
Social Welfare Debate
-Medicare-Poor then you are provided Medicare (Older People)
Entitlements-Given something by the Government
Means Tested-Meet requirements to get it (ie. food stamps,disab.)
Income,Poverty, and Public Policy
Income Distribution- Describes the share of national income earned by various groups in the United States
Income-Amount collected
Wealth-Amount already owned
the more you make the higher the percentage they take
-In the Social Welfare Policy Arena are often quite unequal in terms of political resources
-Not many resources needed to wield significant influence
-Resources means more success in protecting and expanding their programs
-Elderly are most powerful welfare recipients
-For the poor,influening political decisions is more difficult
-Poor are not as organized
-Although governement benefits are difficult to enact the nature of democratic politics makes it difficult to withdraw once they are esablished
-Supportes expand programs
Healthcare Policy
12-10-2012
-America has the most expensive healthcare system in the world
Three Reasons for High Cost of Healthcare
1) Private insurance carriers the cost-no comp.
2) New and expensive ways to solve healthcare issues
3) Malpractice suits-some sues someone else for healthcare costs
America lags behind in...
Life Expectancy
Infantality rate
-Uneven Coverage, Uneven Care
-Health insurance is linked to having a job
-Race & Income
Manage Care
HMO-Provide healthcare for a yearly fee, limits choice,private insurance (60 %)
The Role of Goverment in Health Care
-USA has smallesst role than in any other country
Medicare-Insurance for Elderly
Medicaid-Insurance for Poor
Politics of Healthcare
-In the USA quality of Care takes back seat to technology
-Leading Interest groups are
Medical Profession
Elderly
Business
Insurance Companies
Policymaking for Health Care
-Clinton Healthcare plan-it died in congress and never got off the ground
-The Health Policy issues ahead
--People want reform
--Main concerns are access and cost
sooo....Affordable Healthcare Reform Act
Environemental Policy
-Passed by Congress and filed with the Environmental Protection Agency
CRS,CSS,CBO
3 big Acts
1) Clean Air Act
2) Water Pollution Control
3) Wilderness Preservation Act-national parks and national forests
-Endangered Species Act-Protects species listed as endangered
The American Government
Policymaking System
1-3-2013
The Political Disengagment of College Students
-1972 fall--end of vietnam/end of draft
-2001 fall---beginning of Iraq
-War being about mroe investment by college students
Age and Political Knowledge
-Since the 1960s it has gone down dramatically
Reason Why shift in education- ‘ 60s Government classes prevalent -’ 00 Math and Science
Presidential Election Turnout
Plummeted for under 25 and moderate increases with 65
Spike in 2008 w/ Obama Election
Reasons Why?
Student Loans
Job concern
Decrease in 92? Younger people appeal spiked
Government is the institution and processes through which we administer laws
Politics is the process by which we select our leaders
‘Who get what, when and how’ -Lasswell
The Policymaking System
I. People/citizes
-Have a Problem/Concern
II.Linkage Institution
-Goes from the Person with the problem to a way of coming up with an agenda
1. Politcal Parties
2. Interest Groups
3. Media
4. Elections
- Recall -Referendum -Initiative
III. Policy Agenda
-The BIG picture of everything we want to get done
-how we are going to consider something and what we are going to do
ex. Rum producers get huge tax benefit Lobbyist and then Congressman then bill then law
●Political Issues
-These arise when people disagree about a problem and how to fix it
IV. Policymaking Instituion
1. Legislature*
2. Executive*
3. Courts* (Federal and State) (review of constitutions)
4. Bureacracy* (Federal and State)
* not exact same as the 3 branches of Gov’t Exactly (state house or commisioner)
-Interpret rules
-President can implement by Executive Order
V. Becomes a Policy
-Money- that the government spends
-Taxes-money received
-Laws
-Regulations-how an agency is going to run itself
-=Budgetary choices are made at the Legislative Level
-Statutes are decrees by the POTUS
-Non-Decisions-decided not to do anything
Vocab
Laws- Codified by legislating body
Regulations- binding rules by non-elected officials
VI. Impact on People
-Interests (something that won’t impact you)
-Problems (impact you directly)
-Concerns (might affect you)
Types of Policies
1. Statute-Law
2. Presidential Action-Invade Iraq
3. Court Decision-Decision by Supreme Court or another Court
4. Budgetary Choices-You need to pay more or pay less
5. Regulation-ex. FDA approves drugs
Policy Impacts--
Does is solve a problem?
Did it create more problems?
Democracy
-System of selecting policy makers
-Represents and responds to the Public
-America is not a Direct Drmocracy
-Equality in voting- 1 man 1 vote
-Effective participation-Voter Efficacies
-Enlightened understanding-understand why you’re going to the polls
-Citizen control of the agenda not the illumniada or the Jews or Arabs- Trilateral Commision
-Inclusion
Part of the process, everyone is included
Main words,High Lights and sentences
4 or 5 pages
Theories of Deomocracy
1-4-2013
1. Pluralist Theory-Groups interacting
-Group has a problem and another group has a problem and they compete to solve it
-Public interest results
2. Elite and Class Theory
-Societies are divided
-Not all groups are equal
-Policies benefit money and power
Elite posses more wealth and power
3. Hyperpluralism
-too many people with hands in the pot-can’t get anything done
-Confusing and contradictory policies
Ex. Paying tobacco growers subsidized to keep prices up. Gov’t spends money for people to stop smoking
Challenges to Deomocracy
1. Limited Participation in Government
2. Escalating Campaign Costs
3.Diverse Political Interests (Policy Gridlocks)
American Individualism
-Individuals should be left on their own by Gov’t
Valued in Limited Gov’t and Free Market
The Agenda in Philadelphia
Writ of Habeas Corpus (body)- must be reason to take your freedom
Ex post Facto Laws( after the fact) -A part of Individual laws
Religious qualifications for holding office prohibited
Strict rules for conviction of treason
Right to Trial by Jury
(Grand Jury decides if you’re on the Jury)
1-10-2013
Federalist Papers
The Secondary Solution:
Federalism provide “Double Security”
“The Power by the people is first divided between two distict governments”
A “compound Republic” leads to “dual allegiance”
Your belonging to something can be a bad thing
The problem...
Humans are dangerous,majority rule,government gets its power from the people
people also give their power to the government
1-Gov’t should protect liberty (Everyone)
2-Achieves Justice (Tyranny)
3- Serves the Public Good/Benevolent
The solution...
Ratify the Constitution
-This never existed before
--created a large republic
--created a system of checks and balances
1 and 2 - Be with them or Be without them
The Roots of the Federal System
1-10-2013
Arguments for federalism
1-Prevention of Tyranny
2-Increased participation in politics
3-use states as testing grounds for policies
-Wanted ot create political system half way between the AOC and the British tyranny
Federalism-Political system where power is dvivided between the national/central government and the states in order to limit the power of government
Federal System- Authority from the people
Unitary System-People give power to Central Government Central government gives power to states
Confederation-Central Governent derives authority from states
U.S. Government-1
State Governments-50
Local Governments-87,453
Powers of the Government in Gov’t in the Fed System
Exclusive Powers-belings to one person
Shared Powers/Concurrent- together/happening at the same time
Denied Powers-
Enumerated Powers- written in the Consti.
Implied Powers- Must have,kinda know
Implied/Elastic Powers
-Neccessary and Proper
-Used to expand powers of Government
State Powers
10th Amendment
“reserve or police powers”
-murder someone in TN (except hate crime) the FBI has nothing to do with it
-Make and enforce Powers
Continued Powers of Federal Governement
1-11-2013
Denied Powers
-Article I, Section 9 are powers denied by Central Gov’t
-Article I, Section 10 lays out the powers to the states
ex. treaties,alliance,confederations ,no war, no monies, no preference
National Powers
Money
Army Navy
War
Federal Courts
Concurrent Powers
General Welfare
Take Private Propoerty
Tax
Borrow Money
State Powers
Set time,and manner of elections
Regulate Commerce within the state
Take measures for public health and wholeness
Relations among States
Article IV---states must give “full faith and credit” to each others laws
States are required to extradite criminals if asked by another state
States recognize drivers,marriage license and custody rules SORTA
-some cases they dnt
Changes of the Federal System
-only had power over interational field
McCollock v. Maryland (1819)
has right to rule on the way state laws are handles
National Bank-Control and owned by the Fed. Government
Ruling:
1) power to tax= power to destroy
2)Neccessary and Proper
-States could stop the Gov’t from doing what it needs to do
Gibbons v. Ogden (1824)
Federal Laws overrule State laws in relation to interstate commerce
Dred Scott v. Sandford (1857)
Flashback-Korematsu--Japanese Americans put in con concentraion camp and their kids put together to go to war....SCOTUS,POTUS and Legislative Branch should never all agree=BAD
Government
1-16-2013
State Budgetary Constraints
recessions and constitutional requirement to balance budget
Block Grants
Devolution- delegation of power and responsibility
Contract with America- shift responsibilities to states: Unfunded mandates reform act of 1995
Federalism and the Supreme Court--
-Most Americans think the Federal Gov’t is too Big, strong and distant (2008)
-SCOTUS interpreted new form
= Abortion-states can say how they are administered
-right to privacy in medical matters-extended beyond the equal protection clause-
=Environment
=Gun Control
Rehniquist Court
Reinterpreting Federalism
-Most decisions (5-4)
U.S v. Lopez-regulatng guns (1995)
Federalism is an important concept of the American System of govenrment meant to limit the power of the national government
-the notion of federalism has changed drastically since the new deal in th 30
-in the 60 and 70 the scope of the federal domestic polcies and porgrams increase steadily
-in the 80s reagan began the roll back of federal funding for states and other programs
in the mid 90 republican congress promised to replace the size and scope of the natl govt and reutrn power to the states
--how the fedl govt used funding to influence federal limits
60s and 70s
categorical--with contengiecies
80s
block grants for general ideas
80-90 3 major issues
1-recession
2-states poor
3-unfunded mandates
4-revenue sharing and matching funds
5-Block Grants
Mass Media
1/17/2013
Primer:FAU to Newtown Massacre
Public Opinion:
-the distribution of the population’s belieds about politics and polict issues
Demography:
the science of population changes
Census:
-Every 10 years
-Understand population changes
The Immigrant Society:
-The United States is a nation of immigrants
- Waves of Immigration
--Northwestern Europeans (late 19th century)
---Southern and Eastern Europeans ( late 19th early 20th)
----Hispanics and Asians ( late 20th century)
Minority majorty:the emergence of a non-caucasian majority
Barriers to Melting pot:
-African Americans face an automatic problem
Policy Making
1. People
Linkage
Policy Agenda
Policymaking institution
Policy making__
People
What effects people’s beliefs?
1-24-2013
Role of the Family
-Dads have most influence
-Younger voters tend to be more independent
60% of children still follow their parents
Party Identification is usually absorbed although the child become a more independent thinker over time
Clear political ideologies are only passed on in a few families
The Gender Gap
-Difference between men and women
-They have different views on what they think is important
-Women tend not to support war and are more haertha and homey
-Women-Dems Men-Reps.
Schooling and Information
Education is a liberalizing effect
Party Functions
1-28-2013
1) Organize the competetion
2) Unify the electorate
3) Organize the gov’t
4) Turn Platform into Policy
-1971 Republicans were about Environmental Conservation
5) Provide loyal opposition
Caucus- earliest method used
-nominate candidates
-most municipalities wins nominations
“more control”
Primaries- Party Mmebers vote independently for nominee
1. Open Primary-Anyone can vote for any party
2. Closed Primary- Only party members can vote
3. Blanket Primary- Can vote for some dems and some republicans-----Unconstitutional
“less-control”
Two-Party-more stable,winner take all, more centrist
Multi-Party- More unstable, proportional representation, more extreme
3rd Party- Ideological ones tend to last (Green, Libetarian)
Individual centered
Obstacles to 3rd
1. two party tradition
2. Congressional elections- winner take all instead of proportional representation
3. Electoral College- winner take all system