Introduction to Civil Rights, Civil Liberties, and Elections Review

Final Exam Logistics and Requirements

• Date and Time: The final exam is scheduled for Thursday, the fourteenth (November $14 ext{th}$), from $11:30$ to $01:30$.
• Punctuality: Students must be in the classroom at $11:30$ sharp. Arriving late is considered rude to colleagues who are trying to concentrate on the test.
• Materials Required:     - A Scantron form (Ladies are encouraged to bring two, as someone frequently forgets to bring one).     - A pencil.
• Exam Format:     - The exam consists of $50$ multiple-choice questions (the professor jokingly initially suggested $500$).     - The exam will include "fact patterns" where a scenario is provided, followed by one or more questions based on that scenario.     - The goal is to demonstrate an understanding of how concepts work rather than mere regurgitation of facts.
• Testing Rules:     - No hats or hoodies allowed.     - No electronic devices allowed.     - Students are permitted to write on and highlight the exam booklet itself (the professor noted they "don't care about the trees" and will print front-and-back).
• Subject Matter: The exam covers:     - Campaigns and Elections.     - Civil Liberties.     - Civil Rights.     - Current Events.

Overview of Federal Elections: Primaries and General

• Two Basic Federal Elections:     - Primary Elections: These function to select party nominees. The winners of the primaries go on to represent their respective parties (Republican or Democrat) in the general election.     - General Elections: The final election to determine who holds the office.
• Primary Election Types ("Flavors"):     - Open Primary: On election day, a voter can choose to vote in either the Republican or the Democrat primary regardless of their own party affiliation. They can only vote in one, but which one they choose is up to them.     - Closed Primary: Voters must designate their political party affiliation ahead of time and can only vote in that specific party's primary on election day.
• Texas Election Specifics:     - Texas is an Open Primary state.     - Texas primaries typically occur in March.
• Federal General Election Timing:     - The official date for federal general elections is the first Tuesday after the first Monday in November on an even-numbered year.     - Calculation Logic:         - If November $1 ext{st}$ falls on a Tuesday, the election is not on the first, because there has not been a first Monday yet. The first Monday would be the $7 ext{th}$, making the election the $8 ext{th}$.         - The general election can only ever fall on the following dates: the $2 ext{nd}$, $3 ext{rd}$, $4 ext{th}$, $5 ext{th}$, $6 ext{th}$, $7 ext{th}$, or $8 ext{th}$ of November.

Civil Liberties: The Right to Privacy

• Definition of Civil Liberties: These are predicated on the Due Process Clauses found in the Fifth Amendment (applying to the federal government) and the Fourteenth Amendment (applying to the states). They represent the procedures the government must follow to deprive a person of life, liberty, or property.
• Privacy Standard: The Supreme Court standard is a "reasonable expectation of privacy."
• Constitutional Basis: The word "privacy" does not explicitly appear in the Constitution. Instead, it is stated implicitly "between the lines" (penumbras). Key supporting amendments include:     - Third Amendment: Prohibits quartering of troops in private homes.     - Fourth Amendment: Protects against unreasonable searches and seizures without a warrant or probable cause.
• Practical Applications of Privacy:     - Public Spaces: There is no expectation of privacy in a public space (e.g., walking down the street, Google Maps taking photos of cars). Taking photos in public is generally legal.     - Private Spaces: There is a reasonable expectation of privacy in bathrooms, dressing rooms, bedrooms, houses general, pockets, and bags.
• Controversial Privacy Issues:     - The Body: The government can require things of your body, such as the Draft or mandatory vaccinations/shots for school enrollment.     - Abortion: This involves a clash between two sets of rights:         - The woman's privacy right to her own body.         - The "life, liberty, and property" protections under the Due Process Clause for the fetus.         - The core legal/ethical question is: When do rights attach? (Conception, heartbeat/six weeks, viability, or birth).     - HIPAA: Health Insurance Portability and Accountability Act; protects the privacy of medical records. Doctors cannot share health info without permission.     - FERPA: Family Educational Rights and Privacy Act; protects a student's grades and attendance records. Professors cannot legally share grades with anyone except the student and the registrar.     - Same-Sex Marriage and Sexual Conduct: Historically, laws like Arkansas's sodomy laws (which effectively outlawed any non-missionary sex) were used to target homosexuality. In $2001$, the Supreme Court ruled that individuals have a reasonable expectation of privacy in their bedrooms regarding sexual conduct, rendering such laws unconstitutional.

Distinguishing Civil Liberties from Civil Rights

• Civil Liberties (Process): When you hear this, think of the process required for the government to take away life, liberty, or property.
• Civil Rights (Discrimination): This is based on the Equal Protection Clause of the Fourteenth Amendment. It ensures citizens are treated equally under the law.
• Key Distinction: Civil Rights only pertain to government action "under law," not personal friend groups or someone being an "asshole" in private life.

The Three Standards of Scrutiny for Discrimination

• 1. Strict Scrutiny:     - Standard: The government must have a compelling interest.     - Applies to: Race, Religion, and Creed (ethnicity).     - Case Example (Police): Police can discriminate based on race if seeking a specific suspect (e.g., a "short, fat, balding white guy wearing a navy blazer, blue/green shirt, and gray Skechers").     - Case Example (CIA): The CIA can refuse to hire a white man to be a spy in North Korea because they have a compelling interest (the spy would be immediately arrested).
• 2. Intermediate Scrutiny:     - Standard: The government must have an important reason.     - Applies to: Gender, Age, and Handicap. These are physiological/biological categories.     - Examples: Physical requirements for Navy SEALs or Army Rangers, or age limits for certain physical tasks based on the different capabilities of a younger person vs. a $96$-year-old.
• 3. Rational Basis:     - Standard: The government must have a rational reason.     - Applies to: Everything else (income, merit, credentials, education, hair color, etc.).     - Example: It is rational to require a person to be an attorney to be hired for an attorney job.

The Electoral College: Theory and Calculation

• Theoretical Basis: The Electoral College is part of Federalism, which the professor calls America's "secret ingredient." It prevents the federal government from cutting out the states.
• Purpose: It ensures that states with smaller populations (Montana, Wyoming, Alaska) still have a say in the presidential election, preventing candidates from only campaigning in high-population cities like New York or LA.
• Formula per State:     -     \text{House Members} + \text{Senate Members} = \text{Total Electoral College Votes}          - Every state has exactly $2$ Senators.     - Example: If a state has $40$ Electoral College votes, it has $38$ House seats.     - Example: If Arkansas has $4$ House seats, it has $6$ Electoral College votes ($4 + 2 = 6$).
• National Totals:     - House Members: $435$     - Senate Members: $100$     - Washington D.C.: $3$ votes.     - Total Votes: $538$.
• Winning the Presidency:     - A candidate needs a simple majority: $270$ votes.     - The popular vote does not determine the winner. If Candidate A gets $51,000,000$ popular votes but only $253$ electoral votes, and Candidate B gets $50,000,000$ popular votes but $279$ electoral votes, Candidate B wins.

Current Events (Confirmed for Exam)

• Spirit Airlines: Recently filed for bankruptcy.
• White House Correspondence Dinner: Mentioned in a hypothetical or specific fact pattern question regarding a failed assassination attempt on the president.

Questions & Discussion

• Dialogue regarding the Exam Booklet:     - Student: "Is this one a game where we can't write on it?"     - Professor: "You'll get to write on it. I have decided I don't care about the trees… I do front and back, so I don't feel so bad."
• Dialogue regarding the Primary Election:     - Student: "Will there be questions regarding the two basic elections?… Can we talk about those?"     - Professor: Covered the difference between Open and Closed Primaries and established the General Election occurs on the first Tuesday after the first Monday in November.
• Dialogue regarding Civil Rights Categories:     - Student (Hamza): "Does pregnancy fall under handicap?"     - Professor: Clarified that pregnancy or physiological issues would likely fall under the Intermediate Scrutiny category (important reasons/physiological differences).
• Dialogue regarding the Car/Search Example:     - Student: Asked if pulling over a specific colored car (red Honda Civic/Lamborghini) constitutes discrimination.     - Professor: Clarified that the car has no rights; the liberty being infringed upon belongs to the driver. Pulling someone over is a restriction of liberty justified by order and stability, but requires probable cause or a "totality of circumstances" (like an APB).