5/11/26: May 1970 Protests, Social Security, and Judicial Review Study Guide & Final Exam Notes

The Kent State Incident: Historical Context and Timeline

• The event occurred at Kent State University in Ohio in $1970$. It was a definitive moment in the era of Vietnam War protests, resulting in the deaths of four students.

Timeline of the Tragic Events in May $1970$

• April 28, 1970: President Richard Nixon authorized a preemptive strike for United States troops to cross from South Vietnam into Cambodia.
• April 30, 1970: Nixon delivered a televised speech justifying the Cambodian incursion, which triggered massive anti-war demonstrations across college campuses.
• May 1, 1970: Two peaceful rallies were held at Kent State University. That night, disturbances broke out downtown involving drunken revelers, garbage can fires, and broken store windows. Police in riot gear restored order by $02:30\,\text{AM}$.
• May 2, 1970: Students assisted in cleanup downtown. However, Kent Mayor Leroy Satrum declared a civil emergency and requested the Ohio National Guard. That evening, a crowd of approximately $1,000$ demonstrators gathered near the campus ROTC Building, which was burned to the ground.
• May 3, 1970: Approximately $1,200$ National Guardsmen occupied the campus. The Governor of Ohio arrived via helicopter and held a press conference promising to utilize law enforcement against protesters. That night, students blocked traffic in protest and were met with bayonets and tear gas.
• May 4, 1970: The Governor distributed $12,000$ leaflets banning demonstrations. Despite this, roughly $3,000$ students gathered in the university commons by noon ($500$ protesting, $1,000$ cheering, and $1,500$ watching).

The Shooting and its Aftermath

• The Confrontation: Approximately $100$ National Guardsmen confronted the crowd with M1 rifles. A general in a jeep ordered the crowd to disperse but was met with rock throwing and chanting. The Guard advanced with tear gas and bayonets, successfully dispersing the crowd to a hill.
• The Shots Fired: As the Guardsmen retreated uphill, $28$ of them turned and fired between $61$ and $67$ shots. Some shots were fired into the air, while others were aimed directly at students.
• Casualties: Four students were killed, all between the ages of $19$ and $20$ and in good standing with the university:   - Jeffrey Glenn Miller (Protester)   - Alison B. Krause (Protester)   - William Knox Schroeder (Bystander)   - Sandra Lee Scheuer (Bystander)
• Injuries: Nine other students were wounded in the shooting.
• Claims of a Sniper: The National Guard claimed they opened fire after being targeted by a sniper, though witnesses and spectators vehemently denied hearing any shots before the Guard fired.
• The Pulitzer Prize Photo: An iconic photograph was taken of a $14\text{-year-old}$ runaway kneeling over a deceased student. This image became a global symbol of the chaos and domestic violence associated with the Vietnam War.
• Legal Outcomes: Eight Guardsmen stood trial in a criminal court, but all charges were eventually dismissed. A subsequent civil trial resulted in a monetary settlement for the families of the victims.

Protests and Social Unrest Beyond Kent State

• Jackson State University: Less than one week after Kent State, a shooting occurred at Jackson State in Mississippi. City and state police fired on students, killing $2$ and injuring $12$.
• Mass Demonstrations: On May 9, $1970$, over $100,000$ protesters demonstrated in front of the White House in Washington, D.C.
• The Silent Majority: The protests sparked a counter-movement among conservatives and a surge in patriotism. Some historians argue this support from the "silent majority" helped hand Nixon the presidency in the $1972$ election.

Domestic Policy: The Social Security System

• Social Security was implemented during the presidency of Franklin D. Roosevelt (FDR) as part of the New Deal in the mid-$1930s$.

How Social Security Functions

• Contributory Program: Social Security is a contributory program where workers pay into a common fund via payroll taxes. It is not a non-contributory program like Medicaid, which is means-tested and based on income limits.
• Funding Mechanism: Employee contributions are pooled into a fund used to pay current retirees. It is not a personal savings account, though it is often perceived as such.
• The "Three-Legged Stool" of Retirement: Ideally, retirement is supported by three components:   - Social Security payments.   - Personal savings.   - Employer-sponsored retirement plans like a $401(k)$.

Retirement Ages and Benefits

• Early Retirement: Individuals can currently begin drawing Social Security at age $62$, though the monthly benefit is significantly lower than waiting for full retirement.
• Full Retirement Age (FRA): Currently set around $66\,\text{years}$ and $8\,\text{months}$ or $67\,\text{years}$, depending on birth year. Benefits are maximized at this age.
• Income Thresholds: If an individual draws Social Security before full retirement age while still working, they may face a threshold where they must pay some benefits back if they earn too much income.
• Survivorship: Social Security benefits cannot be passed on to children as an inheritance. If a participant dies, the remaining funds return to the general pool, though a surviving spouse may be eligible for benefits (usually starting around age $59$ or $60$).

Sustainability and the Reserve Fund

• The Reserve Fund Crisis: The supplemental reserve fund is projected to be depleted within approximately $5$ to $6$ years. If not addressed by Congress, benefits could be reduced by $20\text{-}25\%$.
• Systemic Pressures: The workforce is shrinking relative to the aging population. Americans are living longer and drawing from the fund for more years than originally intended.
• Potential Solutions: Future adjustments may include raising Social Security taxes, trimming benefit ratios (COLA - Cost of Living Adjustments), or pushing the retirement age further back.
• Privatization Debate: Some politicians advocate for privatizing Social Security, allowing individuals to invest their own payroll tax money. While this could yield higher interest, the risk is that individuals might squander the funds on life emergencies (house repairs, car issues) before reaching retirement.

Economic Policy and Theories

• Keynesian Economics (John Maynard Keynes): This theory suggests the government has a responsibility to intervene during recessions by pumping money into the economy to stimulate growth. This is generally considered a liberal approach.
• Supply-Side Economics: Popularized during the Reagan administration, this theory argues for lowering taxes on businesses and top earners to encourage investment and job creation. It is a hallmark of conservative economic thought.
• The Auto Industry Bailout: A modern example of government intervention (Keynesian influence) was the bailing out of the auto industry in the late $2000s$ to prevent a total economic collapse.

Legal and Judicial Terminology for the Final Exam

• Writ of Certiorari (often pronounced shish-o-ra-ri): A formal request where a higher court (like the Supreme Court) orders a lower court to send up the records of a case for review. It is NOT "judicial elevation."
• Rule of Four: A Supreme Court practice where at least four of the nine justices must agree to hear a case before it is granted a Writ of Certiorari.
• Judicial Implementation: The process by which court decisions are translated into actual public policy through the actions of the other branches of government.
• Precedent: The legal principle of following the rulings of previous cases when deciding a current case with similar facts.
• Judicial Philosophies:   - Constructionist: Interpreting the Constitution based on the original intent of the framers.   - Interpretivist/Living Constitution: Interpreting the law in the context of modern societal changes.
• Legal Opinions:   - Dissenting Opinion: Written by a justice who disagrees with the majority's conclusion.   - Concurring Opinion: Written by a justice who agrees with the outcome of the majority but for different legal reasons.
• Grand Jury: A group of citizens that decides whether there is sufficient evidence (probable cause) to bring a person to trial. They do not determine guilt or innocence.
• Libel vs. Slander: Libel refers to written or published defamatory statements; Slander refers to spoken defamatory statements.
• Selective Incorporation: The process by which the Supreme Court has applied portions of the Bill of Rights to the states via the Fourteenth Amendment.

Government Structure and Political Principles

• George Washington's Farewell Address: Washington famously warned against the dangers of local or regional political parties and factionalism.
• Plurality Voting: A "winner-take-all" system where the candidate who receives the most votes (even if not a majority) wins all the electoral votes for that state (except in Nebraska and Maine).
• Filibustering and Cloture: Filibustering occurs only in the Senate to delay legislation. A cloture vote (requiring a specific majority) is used to end a filibuster.
• Constituency: The body of voters or residents in a specific area who elect a representative to a legislative body.
• Presidential Vetoes:   - Standard Veto: Requires a $2/3$ vote in both the House and Senate to override.   - Pocket Veto: Occurs when the President fails to sign a bill within $10$ days and Congress adjourns during that period.
• Electoral College Math: To determine electoral votes, take the number of congressional districts and add $2$ (for the senators). Conversely, to find congressional districts from electoral votes, subtract $2$.
• Iron Triangle: The three-way policy-making relationship between:   - Congressional Committees/Legislatures   - Bureaucratic Agencies   - Interest Groups
• Antifederalists vs. Federalists: Antifederalists feared the creation of a strong central government (preferring state sovereignty) and were concerned the presidency would become a new monarchy. Federalists argued for a stronger central union.

Questions & Discussion

• Question on Quizzes: A student asked if past quizzes are open for review on Canvas. The instructor noted they are usually set for one-at-a-time access, but reviewing them alongside the study guide is helpful for the final exam.
• Note-Taking Policy: The instructor clarified that for the final exam (on Wednesday), students may bring paper notes. Laptop use is discouraged due to recent policy issues. If a laptop is used, it must be facing the instructor so the screen is visible, and the keyboard must not be used (only scrolling through existing notes).
• AI and the Workforce: The instructor expressed personal concern regarding how Artificial Intelligence (AI) will impact the future workforce and the ability of young workers to contribute to systems like Social Security.
• Solution for Social Security: A student asked if raising wages would help the Social Security fund. The instructor noted that higher wages would result in higher percentage contributions, helping the fund, but also emphasized the need for addressing tax loopholes for the wealthy.