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3: Infiltration
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AP U.S. History - Unit 7, Topic 2: American Imperialism (1898-1945) Definition of Imperialism Expansion of a country’s political, economic, and military influence over another. U.S. begins imperial expansion with the purchase of Alaska (1867) for $7.2 million (known as "Seward’s Folly"). Discovery of gold in 1898 increases interest in expansion. Westward expansion mindset extends beyond the continent after the closing of the frontier. Arguments for Imperialism Economic Interests Desire for raw materials (e.g., gold in Alaska). Need for new markets to sell American goods (manufactured & agricultural). Social Darwinism Belief that stronger nations naturally dominate weaker ones. Expansion seen as a way for the U.S. to become a world power. Racial & Religious Justifications Josiah Strong's book Our Country (1885): Argues Anglo-Saxon race is superior and must “civilize” others. Expansion is a Christian duty to spread Western civilization. Military & Strategic Reasons Alfred Thayer Mahan’s The Influence of Sea Power Upon History (1890): Nations with strong navies dominate world affairs. U.S. builds a steel navy and seeks territories for naval bases. Leads to the race for Pacific and Caribbean islands (e.g., Hawaii, Guam, Philippines). Arguments Against Imperialism Self-Determination Nations should have the right to govern themselves. Same argument used by Americans to justify independence from Britain. Tradition of Isolationism George Washington’s Farewell Address warned against foreign entanglements. Expansion could lead to unwanted wars and conflicts. Racial Concerns Debate over whether the Constitution follows the flag: If the U.S. takes over a territory, do its people become American citizens? Many anti-imperialists opposed granting rights to non-white populations. Key Takeaways Imperialists supported expansion for economic, military, and ideological reasons. Anti-imperialists opposed it on the grounds of self-determination, isolationism, and racial concerns. The debate shaped U.S. foreign policy and led to further territorial acquisitions, setting the stage for U.S. involvement in global affairs. End of Notes. The Spanish-American War & American Imperialism Background: The American Empire Late 19th-century industrialists and politicians sought U.S. expansion. Cuba, a Spanish colony, was a key target for expansion. 1895: Cuban nationalists rebelled against Spain, but Spain crushed the revolt. Yellow Journalism & the Path to War Yellow Journalism: Sensationalized news stories exaggerated Spanish atrocities in Cuba. Key figures: Joseph Pulitzer & William Randolph Hearst Encouraged U.S. intervention on humanitarian grounds. 1898: The U.S.S. Maine exploded in Havana Harbor, killing 200+ Americans. Yellow journalists blamed Spain, fueling war fever. Later investigations found the explosion was accidental. President McKinley issued an ultimatum to Spain; Spain agreed but the U.S. declared war anyway. The Spanish-American War (1898) Short war: America won and emerged as an imperial power. Effects of the war: Cuba gained independence, but the Platt Amendment gave the U.S. the right to intervene militarily. Philippines annexed after U.S. forces, led by Theodore Roosevelt, defeated Spain. Filipinos, expecting independence, rebelled under Emilio Aguinaldo → Led to the Philippine-American War (1899-1902). Hawaii annexed (1898) for strategic reasons (midpoint to the Philippines). The Open Door Policy (1899) China was divided into European spheres of influence. U.S. Secretary of State John Hay sent the Open Door Note to European powers, requesting equal trade access in China. Outcome: European powers did not reject the request, so the U.S. claimed success in securing trade rights. Significance The Spanish-American War marked the U.S.’s entry into imperialism. The U.S. expanded its influence globally through military power and economic policies. Let me know if you want any modifications! The Progressive Era (1890s-1920s) Main Idea: The Progressive Era was a time of social, political, and economic reform in response to issues caused by industrialization, urbanization, and corruption. Progressives believed government intervention was necessary to fix these problems. Who Were the Progressives? A diverse group: Protestants, feminists, labor leaders, African Americans, journalists Focused on issues like: Big business power (monopolies) Economic instability (Panic of 1893) Labor conflicts (strikes) Political corruption (machines like Tammany Hall) Jim Crow segregation Women’s suffrage Alcohol prohibition Muckrakers (Investigative Journalists) Exposed corruption and poor conditions in society Upton Sinclair - The Jungle (unsanitary meatpacking industry) Ida Tarbell - Exposed Standard Oil’s unfair business practices Jacob Riis - How the Other Half Lives (urban poverty and tenement conditions) Political Reforms (Expanding Democracy) Secret Ballot – Ended political bosses controlling votes. Direct Election of Senators (17th Amendment, 1913) – Senators now elected by the people instead of state legislatures. 18th Amendment (Prohibition, 1919) – Banned alcohol (led by groups like the Anti-Saloon League). 19th Amendment (Women’s Suffrage, 1920) – Gave women the right to vote. Initiative, Referendum, Recall – Gave citizens more power to propose, approve, and remove laws/politicians. Government Efficiency & Scientific Management Frederick Taylor’s "Scientific Management" (Taylorism) – Applied efficiency techniques to government & industry. Black Progressives & Civil Rights Plessy v. Ferguson (1896) – Legalized segregation (“separate but equal”). Niagara Movement (W.E.B. DuBois) – Advocated for immediate black rights. NAACP (1909) – Fought for racial justice through legal action. World War I (Unit 7, Topic 5) Causes of U.S. Involvement in WWI War Begins (1914): After Archduke Franz Ferdinand was assassinated, two alliances formed: Allied Powers: Britain, France, Russia (formerly Triple Entente) Central Powers: Germany, Austria-Hungary, Italy (formerly Triple Alliance) U.S. Neutrality: Initially stayed out of the war but faced mounting pressure due to events: Sinking of the Lusitania (1915): A German U-boat sank a British passenger ship, killing 128 Americans. Public outrage followed, but neutrality was maintained. Unrestricted Submarine Warfare: Germany resumed sinking ships, including American vessels. Zimmermann Telegram (1917): Germany proposed a military alliance with Mexico, promising to help regain lost territory if the U.S. joined the war. The U.S. intercepted the message, pushing Wilson to act. U.S. Declares War (1917) April 2, 1917: Woodrow Wilson asked Congress to declare war to “make the world safe for democracy.” American Expeditionary Forces (AEF): Led by General John J. Pershing, U.S. troops bolstered Allied forces and played a crucial role in turning the tide of the war. End of the War & Treaty of Versailles (1918-1919) November 11, 1918: Armistice signed, ending fighting. Treaty of Versailles (1919): Wilson proposed the Fourteen Points, advocating for self-determination, freedom of the seas, and the League of Nations. Britain and France sought to punish Germany, leading to harsh reparations and restrictions. League of Nations created, but the U.S. did not join due to congressional fears of being dragged into future wars. World War I: The Homefront (Unit 7, Topic 6) Total War & Mobilization The U.S. fully mobilized its economy, industry, and society for war. War Industries Board: Managed labor & factories to produce war supplies. Food Administration: Regulated food production for soldiers and civilians. Rural-to-urban migration increased as people sought industrial jobs. Civil Liberties & Government Control Espionage Act (1917) & Sedition Act (1918): Criminalized anti-war speech & draft resistance. Schenck v. United States (1919): Supreme Court ruled speech creating a "clear and present danger" (e.g., resisting the draft) could be restricted. Government censored reports on the Spanish Flu to maintain war morale. The First Red Scare (1919-1920) Fear of communist infiltration after the Russian Revolution. Palmer Raids: Over 6,000 suspected radicals, labor leaders, and immigrants arrested; 500+ deported. Immigration Restrictions Emergency Quota Act (1921) & National Origins Act (1924): Limited immigration, especially from Southern/Eastern Europe & Asia. Rooted in nativism (opposition to immigrants, especially Catholics & Jews). The Great Migration Large numbers of Black Americans moved from the South to Northern cities (e.g., Chicago, New York) for job opportunities & to escape Jim Crow laws. Faced discrimination & race riots in the North (e.g., 1919 race riots, Tulsa Race Massacre (1921)—300 Black people killed, 10,000 homeless)
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Infiltrations 1 & 2
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Infiltration (MTAP 2)
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EU PRIVATE LAW W1 Reading Notes “Martijn W. Hesselink: setting the scene” First definition: Private law is the law applicable to private (or horizontal) relationships Second definition: Relating only to private interests, as opposed to public interests >> sometimes inspired by a concern to keep private law ‘pure’ in this specific and controversial sense of being concerned only with private interests and preventing the infiltration of public concerns into disputes governed by private law Increasing Europeanisation (1980s) effect on private law - Most directives in the field of private law, including the entire body of EU consumer law, have had Art 114 TFEU (or its predecessors) as their legal basis - Regulations, that bring uniform EU law, are less frequent in the field of private law, but there exist some prominent instances, eg in EU financial law - Fundamental rights have had an increasingly important impact on private law relationships already governed, directly or indirectly, by EU law - The Court of Justice of the EU has played a prominent, sometimes plainly activist, role, especially with regard to consumer protection and to fundamental rights • Preliminary rulings Inequality: - Positive and normative questions • Positive: How much inequality is there? What types of inequality are there? • Normative: how much equality ought there to be, or, put differently, how much inequality is acceptable? - Equality of what? • Income - policies aiming at reducing inequality (or wealth) of income include income tax (plus capital tax and inheritance tax) and various social security measures (eg unemployment benefits, a universal basic income) • Needs - Theory 1: everyone is entitled at least to the satisfaction of their needs (basic needs). - Theory 2: people are equally entitled to just as much as each of them needs, nothing more • Opportunity - Prominent instruments for reducing inequality of opportunity are measures (including quotas) aiming to improve equal access to school, to healthcare and (other) essential services, or to high-ranking positions • Power Interpersonal (or relational) inequality and injustice occurs when, in a relationship between two or more persons, one is in a better position than the other(s) in terms, for example, of bargaining power, negotiation skills, expertise, experience, independence, cognitive biases, or luck Who should breach inequality? What of the recipients? EU citizens? Formal equality is usually considered a basic or minimum requirement of justice and rationality — Formal equality then simply means that people are treated equally already when all individuals are treated the same way, whatever their specific characteristics or situations >> however: frequently regarded as insufficient Substantive Inequality: new doctrines such as unconscionability, economic duress, abuse of circumstances or unfair exploitation, and, especially, the sets of rules aiming at the protection of certain categories of weaker or vulnerable parties, such as workers, tenants, consumers, and the rules against the discrimination on grounds of gender, ethnic background or religion Course Objective: Identifying the EU’s private law as an agent of inequality and equality in Europe Reading 2: Laura Burgers, Marija Bartl, and Chantal Mak, “Introduction: The Evolving Concept of Private Law in Europe”, Handbook: Uncovering European Private Law (2022) Public/private divide >> privatisation of public function Private autonomy as general principle of private law — Substantive side: (eg. freedom of contract) - promotion of material or substantive equality. This can be called the ‘social’ or ‘societal’ dimension of private law. >> To the extent that the promotion is taken up by the judiciary, this is often called the ‘materialisation’ of private law - Constitutionalisation of private law (second half of 20th century) Procedural side: one of the parties decides what part of their conflict they want to take to court, and whether they want to do that at all. - Party autonomy: This means that parties who enter into a contract, are free to negotiate what law applies to their contract and to which court or arbiter they will resort in case of conflict. Private Law-makers in EU - We understand private law as law made by public authorities, i.e. legislatures and judiciaries - Rules made by private parties - fall within the sphere of freedom of contract or self-regulation - ‘Civil law’ is frequently used a synonym of ‘private law’. Civil procedural law is typically laid down in codes of civil procedure. It refers to procedural rules in private legal disputes and contains rules on, for example: evidence, possibilities for appeals and enforcement of judgments. What is EU private Law? — EU law impacting private legal relations, i.e. law emanating from the EU level, or ‘EU private law’ >> For over two decades, from 1989 onwards, attempts were made to draft a civil code for the European Union. However, no consensus could be reached, which in turn exposed how legal- politically salient issues of private law are, and what importance civil codes have for national identities >> Idea that EU law threatens the coherence, essence or autonomy of national private laws Lochner Case: >> Lochner allowed an employee to work more then 60 hours in a week >> ‘violates bakeshop Act’ >> Lochner claims it should have been interpreted to contain the freedom to contract among the rights encompassed by substantive due process - Does the Bakeshop Act violate the liberty protected by the Due Process Clause of the Fourteenth Amendment? 5-4 Majoritarian decision: The New York law violated "liberty of contract" protected by the Due Process Clause of the Fourteenth Amendment - The statute interfered with the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee - New York law failed the rational basis test for determining whether government action is constitutional - The Bakeshop Act had no rational basis because long working hours did not dramatically undermine the health of employees, and baking is not particularly dangerous
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INFILTRATION
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Infiltration
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