Honors Government Final

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Precedent

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120 Terms

1

Precedent

Standard set by the court to set an example that acts as a guide for future courts decision

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2

Appeal Courts

determines whether the law was correctly applied in a trial court

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3

5th Amendment rights

Gives DUE PROCESS (Right in our school) from the Federal Government, the right against self-incrimination, and double jeopardy

  • Due Process- All government laws and procedures must be fair and reasonable when someone is accused of a crime.

  • Miranda Rights- Rights that must be read to you at the time of your arrest (Was not in the orginal constitution)

  • Self incrimination- When you say or apply that you did the crime

  • “Plead the 5th”- remain silent until your attorney arrives

  • Eminent Domain- The government can just take your property with compensation

  • Double jeopardy- cannot be tried for the same crime twice

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4

14th Amendment protections

Equal protection clause - everyone is protected under the law

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5

Exclusionary Rule

a part of the 4th amendment in the Bill of Rights where evidence obtained without a warrant cannot be used in court

  • Not originally written in the Constitution but later established that information collected and acquired illegally cannot be used to defend or as evidence against one’s side

  • In the Mapp v. Ohio case, the evidence gathered without a warrant from Dollree Mapp’s household was not valid in court and resulted in Mapp winning the case.

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6

Hazelwood v. Kuhlmeier

  • A student newspaper called “The Spectrum”

  • Two articles were censored by the principal (articles about teen pregnancy and divorce)

  • Cathy Kuhlmeier, one of the authors, took it to court

  • 1988

  • District court ruled for the school. Court of Appeals ruled for students

  • 1st Amendment (speech and press)

  • 5-3 for school

  • From now on, public schools can censor any material from that school

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7

Bethel v. Fraser

  • he read a dirty, lewd speech, and got suspended

  • 1986

  • lower court ruled in favor of Fraser

  • 1st amendment-speech

  • ruled for bethel

  • school can limit speech if it is lewd or vulgar.

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8

Lemon v. Kurtzman

(1971)

  • Lemon was mad about his taxes going to Christian schools

  • Kurtzman won in lower court - tax money was going to school even if it was a private school

  • Supreme Court votes for Lemon (violation of the establishment clause)

  • Precedent: to make sure establishment clause is not violated

    • if something fails the Lemon test, it can be noticed at religious

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9

Morse v. Frederick

On January 24, 2002, the Winter Olympics torch run (school supervised event) took place at Juneau Douglas High School

Joseph Fredrick held up a sign that said “Bong Hits 4 Jesus”

Principal Deborah Morse took away the banner and suspended Fredrick for 10 days

Fredrick believed his 1st amendment rights were violated

Supreme Court

  • Ruled in favor of Morse with a 5-4 vote

  • Students have some 1st amendment rights but cannot go against school beliefs

Precedent: The school can limit students freedom of expression when dealing with drugs

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10

Miranda v. Arizona

  • Ernesto Miranda was not aware of the fact that he had the right to remain silent in court

  • Miranda confessed to kidnapping and rape

  • 5th amendment was violated because of self-incrimination since he did not know his rights

  • Ruling: All people must be told their rights at the time of the arrest in 5-4 ratio

Precedent:The Miranda Rights (application of the fifth amendment)

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11

NJ v. TLO

  • Tracy Lois Odem (TLO) - 14 year old girl was found smoking in the restroom with another girl and a teacher caught them

  • Assistant Principal Choplick wants to search TLO’s bag, but TLO says no

  • Choplick searches her purse anyway and finds marujana and a list of names (makes TLO a dealer)

  • The Supreme Court ruled in favor of the school in 1985

  • Ruling:The search conducted by the police officers and administrators were reasonable

Precedent: Public school admins can search a student’s belongings without a warrant, as long as they have probable cause and reasonable suspicion.

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12

Tinker v. Des Moines

Vietnam Era

  • 1965 - students wore armbands to protest for peace over the holidays

  • Marybeth Tinker and Christopher Eckhardth were suspended for wearing armbands

  • John Tinker got suspended the next day

  • Parents sued for violation of freedom of expression(1st amendment)

  • Appellate court - kept the district court ruling (school made a reasonable decision)

  • Supreme Court ruled schools must prove that bands are a distraction

  • Precedent - schools can no longer censor symbolic speech unless it interferes with education

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13

Mapp v Ohio

Cops invaded Mapps home because she was suspected of keeping a bomber inside

  • The cops did not find the bomber but they did find obscene photos of someone so they sentenced her from 1-7 years in prison.

  • But when they were searching her house they did not provide a warrant, so there was a argument whether they can prove her guilty with the photos

  • Ruling: Favored Mapp, from now on exclusionary rule applies to everyone

  • Precedent: Evidence obtained without a warrant can not be used in court.

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14

Establishment Clause

  • separation of church and state (government cannot force a religion onto the people)

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15

Current number of Supreme Court Justices

9 (Chief Justice John Roberts)

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16

Roper v. Simmons

-Christopher Simmons (only 17) was sentenced to death

-He robbed a women and did horrible things to her

-Ruling: in a 5-4 ruling the Supreme court ruled Simmons not eligible for the death penalty and it was unconstitutional under the 8th amendment

-Precedent: Anyone under the age of 18 cannot get the death sentence because it is cruel and unusual.

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17

Board of Ed v Earls  (2002)

  • Story: students doing extracurriculars must undergo urine drug tests; Earls children found it unconstitutional and violates the 4th

  • Lower--in favor of earls

  • Amendment: 4th amendment--seizures; schools seizing their pee

  • 5-4 for schools

  • Precedent: legal for school to conduct mandatory drug tests for students in extracurriculars

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18

In Re Gault

  • Story: 15-year-old Jerry Gault on probation and prank calls a neighbor and was arrested; parents were not notified of the arrest

  • sent to juvie for 5 years since on probation-- no lower court ruling, just automatic punishment

  • Amendment- 5th amendment--due process

  • Ruling 8 -1 in favor of Gault

  • Precedent: due process applies to minors and the only confirmed right for students

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19

Causes of the Civil War

Events leading up (more broad scale): Louisiana purchase and Missouri Compromise

  • Election of President Lincoln

  • State v. Federal Control

  • Economics— what South’s economy is sustained and relied upon

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Results of Civil War-

South must be rebuilt— reconstruction era/ reconstruction act (Abraham Lincoln)

  • Union brought together, Slavery abolished

  • Economic peril— scapegoat groups of people (racial hirearhy~while supremacy)

  • slavery abolished

  • 13th amendment

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21

Scott vs. Sandford (1857)-

Dred Scott is not given freedom despite being living in a free state. African Americans never to be US citizens west of Missouri. In 1857, precedent was that the Missouri Compromise was deemed unconstitutional, one of the worst Supreme Court rulings in history.

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22

Plessy v. Ferguson (1896)-

Homer Plessy was ⅛ African American, fought Louisina’s Separate Car Act which racially divided passengers. Violation of 13th and 14th Amendment, but Plessy lost. Established the Separate But Equal doctrine, legalizing segregation.

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23

Charles Houston-

Is known as a man who killed Jim Crow and the one who trained a generation of American African lawyers whose purpose was to change the south

He was a privileged African American, and during World War I, he realized that segregation must be fought in society (when in the military he felt disrespected and faced a lot of racism)

He started to “fight” Jim Crow by comparing teachers salaries (between black and white teachers) and building precedents in courts which lead to the Brown v. Board of Education case which made segregation illegal in schools

Proved that seperate was not equal and showed this in schools, showing the Plessy was not a fair ruling (paved the way to Brown v Board of Ed)

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24

Brown v. Board of Education (1954)-

Story: 5 separate school cases merged into one

Ruling: Unanimous ruling

Precedent: Declared that segregation by race in schools was unconstitutional (Showed separate was not equal)

Overturned Plessy, saying that separate was not equal in schools specifically.  - Schools MUST INTEGRAT

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25

15th Amendment (1869)

This gives the right for all men (including African Americans) to vote

This does not include women

This was added since there were fights for integration and the right to vote in the Civil Rights movement

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26

13th Amednment

Slavery is prohibited

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27

19th Amendment (1920)

Prohibits denying the right to vote on the basis of sex in America (Gave women the right to vote)

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28

24th Amendment (1964)

-Out lawed poll taxes (A tax that had to paid in order to vote in the South)

reconstruction (70s - modern civil rights movement)

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29

26th Amendment (1971)-

If you are of age of 18 years or older, your vote cannot be denied or abridged by the State or Federal on account of age.

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30

Literacy Tests-

These tests were used to determine one’s eligibility to vote and these tests were targeted at African Americans to limit their voting rights

These tests were required to be taken by African Americans who couldn’t vote,  these tests included many confusing wordings and trickery, and since at that time African Americans were also less educated, it was close to impossible to pass.

KKK members would surround testing sites to intimidate the test takers and grading was not taken seriously and most tests were discarded without checking

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31

Affirmative Action

A set of procedures designed to eliminate unlawful discrimination, remedy the results of such prior discrimination, and prevent discrimination in the future. President Kennedy issued an Executive Order which used this term when creating Committee on Equal Employment Opportunity

  • About to be ruled unconstitutional

  • Was at one point a plan put into place to kind of make up for discrimination of the past

  • fact was even in the 70s women and minorities were not getting into college or jobs since it negating their reputation

  • so affirmative action was created to force colleges to admit a certain number of minorities and women (diversity quotas). no longer the case

  • In the 70s thats how it was however by the 2000s no quotas on race

  • Supreme court is currently ruling on if they can even consider it

  • Needed to know: issue related to equality that originally had good intetniosn and ist forced scholls and works places to hire women and minorities to get diversity

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32

Klu Klux Klan

was a private white group formed after the civil war to maintain white control and supremacy in the South by targetting anyone who is an immigrant or of a different “inferior race”. They terrorized African Americans and whites who supported equality. Their primary method of terrorism was through lynching.

  • hell-bent on undoing all the efforts made during the Reconstruction era in the South

The local police were powerless

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33

Reconstruction Era (1865-1877)

A time period after the Civil War in which the focus was the rebuilding of the South after the damages of the Civil War; and it was not easy.

The idea of reconstruction was positive as its purpose was to promote African American leaders and was a time for hope

All of this was an epic fail

Reconstruction failed, with Andrew Johnson stating that slavery must be abolished but making it a state matter.

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34

Jim Crow Laws

This was segregation by law (De Jure segregation)

African Americans and white people had to be separated (Meant to separate Jimmy Crow people and white people)

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35

Little Rock 9

9 African American students who were trying to integrate into anti-segregation public schools due to new laws banning segregation in schools

The US troops sent by the president escorted them to and from school since there were angry mobs which were outside the schools which threatened and harassed these black students

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36

Which are the Reconstruction Amendments?

13-- slavery illegal, 14 - due to inequality in south, everyone is treated equally under the law, 15 -- black people get the right to vote

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37

13th Amendment

Abolished slavery as a whole

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38

14th Amendment

Equal Protection Clause; all people have equal protection under the law

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39

15th Amendment

All men have the right to vote, including African Americans

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40

Sharecropping

Farmers, oftentimes formerly enslaved people, who instead of working for money, worked for a share in landowner’s crops

These farmers were often tricked by the landowners, trapping them in a cycle of poverty and debt since they constantly owed money

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41

De facto segregation

A social segregation based on the way of life in society (housing, economics, jobs, colleges, etc)

This came after segregation become illegal

As a result of history of segregation - today.

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42

De jure segregation

Segregation by law

Ex in public places like; schools, restaurants, railroad cars, and water fountains

**currently illegal after brown decision

Jim Crow Laws

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43

Murder of Emmett Till

A 14-year-old boy whose murder sparked the Civil Rights Movement

He was dared to speak to a white lady (who was associated with the KKK, but they didn’t know that) and was brutally murdered for it

Even when his mother had an open-casket funeral to show what had happened to her son, Emmett Till’s murderers were not found guilty

This event sparked the Civil Rights movement. Done by the KKK

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44

Montgomery Bus Boycott

A non-violent movement where African Americans stopped the use of public transportation to change the segregation policy in vehicles

This started shortly after the Civil Rights Movement, and began when Rosa Parks didn’t give up her bus seat to a white man

Continued on for 381 days till there were economic consequences which forced to allow integration on buses

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45

Jungle author

Upton Sinclair

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46

Jungle main idea

  • expose the detestable working conditions of the meat processing industry

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47

Jungle impact

  • creation of multiple pure food and meat inspections laws and the creation of the FDA (Food and Drug Administration)

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48

Triangle Shirtwaist Fire

the deadliest fire in New York which brought attention to the rights of the workers and helped establish proper fire regulations in workplaces

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49

Triangle Shirtwaist Fire cause + impact

  • cigar in a bin filled with rags

  • Demonstrated the need for safe working conditions, showed the plight of working women, sparked unions and government regulations. Inspired working women to fight for the right to vote (suffrage)

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50

Triangle Shirtwaist Fire escape problems

  • one elevator with limited space, fire exit door locked, and water hose does not work

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51

FLSA date signed

  • June 25, 1938

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52

FLSA established

  • minimum wage, overtime pay, recordkeeping, and youth employment standards

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53

The Progressive Era

  1. late 19th century time period where people tried to promote government restrictions and impose responsibilities on large corporations to limit oppression

  • when workers and women were fighting for equality (mukbrakers) ~~~ more social issue based

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54

Feminine Mystique author

Betty Frieden who was the first president of NOW

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55

Feminine Mystique Purpose:

  • to advocate for the fix in the gender inequality

  • start of the modern womens rights movement

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56

Why did Wilson end up supporting women’s suffrage?

Wilson ends up supporting women’s suffrage to show strength in war. Never really supported it thought.

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57

Alice Paul’s strategy

  1. used aggressive, violent, and proactive methods to ensure the right to vote is given imediately (wanted a constitutional amendment) like hunger strikes, picketing, parades, and campaining

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58

Carrie Chapman Catt’s strategy

  1. state by state campaign, (Conservative approach which would help gain the right to vote slowly)

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59

Cesar Chavez led

UFW

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60

Cesar Chavez’s goal

  • fight for the rights of laborers and Chicanos

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61

Cesar Chavez reached his goals by

  • hunger strike for 25 days, leading grape worker strike (5 years), Boycott-wine, Sit-ins, Non-violent marches, helped migrate farm workers

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62

Dolores Huerta background

  • brother-in-law is Chavez

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Dolores Huerta Teacher

stopped teaching because “she could not do anything for those who came to school barefoot and hungry”

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Dolores Huerta began with

Community Service Organization (CSO) in the 1950s

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Goals of CSO

register Chicano voters, citizenship classes for Chicanos

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Dolores Huerta worked with

Chavez

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67

Dolores Huerta worked in what with Chavez

UFW in 1960s

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68

Dolore Huerta becomes a part of

  • feminist movement after meeting Gloria Steinem

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69

Stonewall Riots

a series of spontaneous and violent demonstrations against a police raid at the Stonewall Inn, in Greenwich Village, New York City (June 28, 1969)

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70

Stonewall Riots is a first instance of

when people in the homosexual community fought back against a government-sponsored system

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71

Storewall Riots began

started the gay rights movement

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72

Obergefell case

2015 Supreme Court Case that legaliizes same sex marriage, the bans are unconstitutional under the 14th amendment, same sex marriage is now legal in all 50 states. CAN NOT BE FIRED BASED ON GAYNESS

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73

How many states have Same Sex marriage legal?

all 50 states

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74

Bostock case

2020 Supreme Court case ruled that under the Civil Rights Act of 1964 it isillegal for businesses across the nation to fire employees based on their sexual orientation or gender identity

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75

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Only applies to public schools (sports and activities) if you have one team, you have to have another - mostly about funding.

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76

Don’t Ask Don’t Tell

a military policy  that allows people in the LGBT community to serve openly (w/ the restriction of not telling anyone and that no superior could ask)

CLINTON DID NO GOOD - DID DOMA AND DADT

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Negative impact of DADT

persection of lesbian and gay military personnel increased, dishonorable discharge

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DADT is removed by

President Obam

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79

DADT is passed by

President Clinton

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80

DOMA

Defence of Marriage Act passed by President Clinton

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81

DOMA defines marriage between

a man and a women

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82

DOMA’s impact:

states deny recognition of same-sex marriage, no full faith and credit

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83

How is DOMA denied later on

  • deemed unconstitutioned by the Federal government (which makes same-sex marriage legal)

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84

DACA

Deferred Action for Childhood Arrivals is a policy which still exists today as a path to citizenship for some people

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85

Arguments for and against women’s suffrage

  • For: Taxation without Representation, large amount of population but unrepresented, equality

  • Against: Men will have to take on women’s roles eventually, feeble-minded, they would take men’s jobs, their minds did not work the same way men did.

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86

Issues related to Native American

poor conditions in reservations (lack of running water, high levels of poverty, lack of jobs, massive alcoholism, diabetic, obesity rate-health care, and high school dropout rate), mascots in sports, violence against Native American Women, underrepresentation in the government, Dakota Pipeline (DAPL)

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87

Issues related to LGBTQ+ rights today

  • Anti-Discrimination Laws in states

  • Transgender rights and violence

  • ”Don’t Say Gay” Laws

  • Education in school

  • Adoption rights

  • Drag Queen Bans

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88

Buck v Bell

Carrie Buck was raped and homeless, considered feeble-minded. She got sterilized in the institution without her consent. Later she wanted and tried to get pregnant but could not. The Supreme Court ruled that sterilization is legal today, mostly happens in prisons and detention centers. Definition of feeble minded was not fair (could apply to people in poverty/raped)

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89

Feeble-Minded

  • lacking in general intelligence or considered to display a lack of productivity or “backwards behavior”

  • included women getting pregnant early and gay men

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90

Sterilization

  • a surgical removal of reproductive organs to prevent an individual from having children

  • almost always against one’s will and done without consent

  • this is still legal in the United States and in prisons with hearing

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91

Eugenics

  • practice of breeding better humans

  • positive eugenics ex: high strength, tall height, beauty, etc

  • negative eugenics ex: preventing people with “unfit” (disability, low IQ, race, etc) traits from marrying or having children

  • scientists in the US started doing this before the Nazis

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92

ADA

  • Americans with Disabilities Act

  • signed by Geroge H. W. Bush

  • Prevent discrimination based on disability

  • Ensure that accommodations and accesibility is widely available in public space/workspaces

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93

IDEA

  • Individuals with Disabilities Education Act

  • focus on creating free public education for all students, including accommodations for students with disabilites

  • people with mental disabilities are entitled to having an education

  • Individualized Education Plan (IEP)

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94

Capital Crawl

  • people in wheelchairs crawl up the steps (started by a 9yr old girl)

  • Designed to show how inaccessible the Capital Building was

  • inspired the ADA

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95

Groups that helped Disabled people

  • The Arc: group that helps people with intellectual and developmental disabilities and their family (largest community-based organization)

Autism Speaks: largest organization for research and support for people with autism

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96

Disabled people issues today

  • Accessibility still remains the #1 problem facing people with disabilities

  • Lack of representation in media

  • Inaccessibility of media for the blind and/or deaf

  • discrimination against “invisible” disabilities

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97

There’s No Such Thing as a Free Lunch

Because of scarcity and factors of production being used to create the lunch, it is not free. Always using resources necessary for the economy to produce goods and services.

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98

Scarcity:

A universal problem (key to every nation). The unlimited wants and needs + limited resources = scarcity. Unsolvable because it happens everywhere.

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99

Factors of Production

Entrepreneurship, Capital, Land, and Labor - be able to identify each

Factors of production are limited resources required for the economy to produce goods and services

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100

Goods and Services

Good: a produced item

Service:  job done for a fee

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