|Part 9, Civil
Liberties & Civil Rights:
47: Anthony Lewis, Gideon's Trumpet.
48: Miranda v Arizona.
49: Donald Kettl, "System Under Stress," (Patriot Act)
51: Kluger, "Brown v Bd"
51: Charles Ogletree, "With All Deliberate Speed," (Brown II's meaning.)
52: Craig Rimmerman, "From Identity to Politics," (2002)
53: Alderman & Kennedy, "In Our Defense".
54: Mary Ann Glendon, "Civil Rights Talk.".
Part 15, Political Economy & Public Welfare:
84: Michael Harrington, "The New American Poverty"
85: Milton Friedman, "Free to Choose"
86: Sharon Hays, "Flat Broke with Children,"
Part 17, America in Changed World:
87: Benjamin Barber, Jihad versus McWorld"
88: Samuel Huntington, "The Clash of Civilizations"
89: Joseph Nye, "Soft Power,"
90: Chalmers Johnson, "Blowback,"
48: Anthony Lewis, Gideon’s Trumpet
Lindsay Curry ,2005
Gideon v. Wainwright (1963)
Clarence Earl Gideon was a 51-year-old white male
who had been in and out of prison much of
Gideon was serving a five-year sentence for the
crime of breaking and entering with the intent to
Gideon submitted a five-page writ of certiorari
directed to the Supreme Court for the State of
Why or how? Gideon asked for aid of counsel. To
try a poor man for a felony without giving him
However, there was an earlier Supreme Court case
known as Betts v. Brady, in which the
In Gideon’s petition he showed no prior knowledge
of this case. From the day Gideon was tried
June 1, 1962 the court granted Gideon’s writ of
certiorari and to discuss if the court’s holding on
Abe Fortas was appointed as Gideon’s counsel. Fortas
saw that Gideon had no special
Fortas’ told the court that there was no indication
that Gideon had low intelligence, or the judge
The resolution of Gideon v Wainwright did not decide
the fate of Gideon. He was now entitled to
48: Anthony Lewis, from Gideon’s Trumpet
Supreme Court. This was nothing new to the secretary, federal statue allows
people to proceed in federal court in forma pauperis or manner of a pauper
without paying the regular costs. Special concern is given toward petitions filed in
forma pauperis by clerks in the office. Gideons petition was written in pencil and
where done in print like a schoolboy’s. Clarence was a fifty-one year old male that
had been in and out of prisons much of his life. He had practiced legal jargon and
used it for his petition. The time he had done in prison was for four felonies, he
showed obvious signs of a destitute life. Gideon was considered by those who
know him, even the guards, said he was perfectly harmless human being. His
submission was five pages in length he had entitled “Petition for a Writ of
Certiorari Directed to the Supreme Court State of Florida.” Secretaries go through
many of these sent in from jails; however, this particular one caught her eye. This
particular case, if considered, would have to alter the Betts V. Brady decision
which said you had to be under “special circumstances” in order to be provided
with free counsel. The Supreme Court took the case on the account that the bill
of rights provided Gideon with the right of due process of law. The resolution of
Gideon v. Wainwright did not decide Clarence’s fate it just gave him another trial
with a lawyer. In the new trial Clarence Earl Gideon was found not guilty, after
two years in the state penitentiary.
#48 Anthony Lewis…from Gideon’s Trumpet
Gideon was in prison after being convicted, in Panama City, Florida, of “breaking an entering with the intent to commit a misdemeanor.” During his trial he asked for an attorney and was denied such representation. In his petition to the Supreme Court, Gideon claimed that his lack of legal rep. violated his right to due process and his right to counsel. Gideon was, however, unaware of the Court’s previous decision in Betts v. Brady that the fourteenth amendment did not necessarily guarantee counsel for all accused. Gideon’s case was accepted by the Supreme Court and he was granted a new trial in Florida. The Court stipulated that Gideon could pick any attorney he liked. Gideon chose Fred Turner and was later found not guilty.
49: Miranda v. Arizona (p.530)
Fifth Amendment to the U.S. Constitution: an individual cannot be compelled to incriminate himself
-in 1966, U.S. Supreme Court held that Ernesto
Miranda’s constitutional rights were violated because he was not advised
of his rights
-prior to questioning, law enforcement officers/police must
(1) warn a suspect that he has the right to remain silent,
Chief Justice Earl Warren's
1966 majority opinion in landmark civil liberties case regarding rights
of the accused during arrest.
49: “System Under Stress” by Donald Kettl
Amanda Spiegel, Spring 2007
An analysis of the terrorist attacks of 9/11 reveals bureaucratic failures as well as the proposal of controversial legislation.
The dilemma: How much should government intrude into the lives of citizens in its quest to provide protection?
In 2003, an assessment stated “At home the counterterrorism effort suffered from the lack of an effective domestic intelligence capability.” (FBI/CIA)
Kettl suggests that “Americans and their officials wondered if the nation’s tradition of openness and minimal intrusion of government had allowed the hijackers an advantage that they had exploited to horrendous result.”
Congressional proposals included legislation to ease the government tracking of telephone calls as well as emails, also extended wiretapping capabilities and tracking funds to terrorist organizations. Kettl elaborates that the Bush administration wanted to extend these proposals with indefinite detaining of noncitizens suspected of planning terrorist acts, extended eavesdropping, and also make these capabilities permanent for the federal government.
Opposition to this hasty legislation was proposed by Senator Lehay and the American Civil Liberties Union on the basis of civil liberties, lack of habeas corpus, also detaining “enemy combatants” indefinitely without trial.
The USA Patriot Act was introduced. (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) Kettl notes that the acronym described the act, but “wrapped the legislation in the cloak of patriotism, which the drafters hoped no one could resist.”
Patriot Act’s expansion of powers:
-tracking and gathering of info with phonecalls
and now email
Kettl concludes by stating that homeland security is a balance, between protection and safety in their workplaces and homes, as well as freedom and liberty in their daily lives.
51: Richard Kluger, Brown v Bd, from "Simple Justice"
(Tiffany Tolbert, 2001)
Brown vs Board of Education - December 13, 1952
By the 1952 Term, the
Court was failing to reach a unanimous decision 81% of the time
"Does segregation of children in public schools solely on the basis......deprive the children of minority group of equal education opportunities.? "We believe that it does.".... "We conclude.... unanimously," - "that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal"Warren managed, in delivering the decision, thus managed to:
Proclaim "the wide applicability" of the decision and make it plain that the
Court had no intention of limiting its benefits to a handful of plaintiffs in a few outlying districts
Reassured the South that the Court understood the toll desegregation would
cause and granted them some time ot get use to the idea
Invited the South to get involved in the entombing of Jim Crow by joining the Court
It was 1:20 pm, the wire services proclaimed the news to the nation
School children could no longer be segregated by race
Law no longer recognized a separate equality
No American was more equal than any other American
Charles Ogletree, “With All Deliberate Speed”
By M. Brandon Maddox, Spring 2010
• May 17th, 1954 Justice Earl Warren, issued a historic ruling that he and his colleagues hoped would irrevocably change the social fabric of the United States.
• “We conclude that in the field of public education the doctrine of 'separate-but-equal' has no place. Separate educational facilities are inherently unequal.”• Fearful that southern segregationists, and others would resist and impede the decision, the Court offered a palliative to those who oppose to Brown's directive.
• Court concluded that to achieve the goal of desegregation, the lower federal courts were to enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racially nondiscriminatory basis “with all deliberate speed.”• As long as admissions doesn't constitute quota system of “racial balancing” outlawed by Bakke, it may admit a “critical mass of minority students in an effort to obtain a racially diverse student body.”
• Brown I was supposed to end segregation in public schools.
# 52, Craig Rimmerman, "From Identity to Politics"
Though the gay movement has had some successes like acceptance in mainstream media, organizations catering specifically to them, and openly gay communities, they still have a long way to go as they are not allowed in the military, can’t marry or receive children from foster care or adoptive services, or teach in public schools.
After first introducing the two larger movements, assimilationists who work within the system and liberationists who work outside mainstream politics, Rimmerman goes on to focus on the liberationists and their methods almost solely through the example of ACT UP, a group focusing on nonviolent civil disobedience, and the 3 marches on Washington, D.C.
In 1987 ACT UP broke off from the service based
group, GMHC, and focused on political action by using the mass media. It
spread worldwide and made an effort to recruit women and minorities, though
despite this many chapters had strong divisions between men and women.
# 56: Ellen Alderman and Caroline Kennedy
from "In Our Defense "
By: Kristi Winstead, 2002
Ellen Alderman and Caroline Kennedy present the story behind an "obscure federal case involving the First Amendment and freedom of religion."
The case involved a road that the U.S. Forest Service had decided to build through public lands considered to be secret b the Yuroke Tribe in northern California.
The tribe felt that if the road was built it would destroy the sanctity of the "high country" forever.
The Indians used the free exercise clause which forbids the government from outlawing religious beliefs as their guide to fight the building of the road in court.
In 1983 the Federal District Court for the Northern District of California voted that the building of the road would violate the Northwest Indian's right to freely exercise their religion.
The government continued to appeal the decision without success until it reached the Supreme Court in November of 1987.
The Indians based their Supreme Court arguments on their victories in the lower courts and on a 1972 Supreme Court case, Wisconsin v. Yoder.
The Indians lost by one vote.
The Supreme Court concluded that "unless the government coerces individuals to act in a manner that violates their religious beliefs, the free exercise clause is not implicated, and the government does not have to provide a compelling reason for actions.
Tiger O'Rourke, an Indian who helped fight the cause, stated that, "We have to understand the Constitution now. We still need our line of warriors, but now they've got to be legal warriors. That's our war now, and it's the only way we're going to survive."
Although the Supreme Court acted in favor of the government, the 101st Congress passed legislation adding the G-O Road corridor to the Siskiyou Wilderness.
This legislation ensures that the logging road will not be completed.
However, the area was protected to preserve the environment rather than the Indians' religion.
"A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different." - Chief Justice Warren Burger -
56 Alderman and Kennedy (p.571)
First Amendment to the U.S. Constitution provides that Congress shall make no laws prohibiting the free exercise of religion
-for ages Indian tribes in Northern California have performed sacred religious ceremonies
-when the U.S. Forrest Service announced plans to build a logging road through the heart of the high country, the Indians went to court, claiming that the logging road would violate their First Amendment right to freely exercise their religion
-the Indians lost their case in the U.S. Supreme Court by one vote with Justice Brennan writing an emotional dissent
-however, the 101st Congress passed legislation ensuring the logging road will not be completed based on environmental reasons rather than the Indian’s religion. Thus the Indians’ victory was bitter sweet
-Legitimate, deeply-rooted rights have given way
to what are nothing more than demands.
Mary Ann Glendon "Rights Talk"
-Glendon is in favor of individual rights but yet she wants people to be more realistic and less artificial when it comes to their definition of rights.
-Voting, for example, is a right but yet Americans tend to do it less than all other citizens of liberal democracies.
-Poor voter turnout is a problem especially because people complain so much about their rights but yet they won't go out and do anything about it.
-Conflict about rights has become something very common that we discuss in a public setting to talk about the issues of right or wrong.
-To keep adding on to rights is eventually going to cause a collision as far as "well this right says I can do it but on the other hand this law says I can't do it".
-Simplistic rights talk reflects and distorts American culture.
-What is needed is not the abandonment but the renewal of our strong rights tradition.
(Jarrret Layson, 2002)
Glendon supports individual rights and wants people to return to a more common-sense, less artificial, definition of rights
americans not only vote less than other citizens of liberal democracies, they have apathy towards public affairs
poor voter turnout is sympton of deeper problem : the impoverishment of our political discourse
an intemperate rhetoric of personal liberty corrodes the social foundations on which individual freedom and security ultimately rest
discourse about rights has become the principal language that we use in public settings to discuss weighty questions of right and wrong = standoff of one right against another
rapidly expanding catalog of rights not only multiplies the occasions for collisions, but it risks trivializing core democratic values
rights talk encourages our all-too-human tendency to place the self at the center of our moral universe = particular interest over common good
simplistic rights talk simultaneously reflects and distorts American culture
rights talk is a verbal caricature of our culture...with certain traits wildly out of proportion and with some of our best features omitted
what is needed is not the abandonment, but the renewal, or our strong rights tradition
the best resource for renewing our political discourse may be the very heterogeneity that drives us to seek a simple, abstract, common language
Part 15, Political Economy:
Top of Page
Milton Friedman, “Free to Choose”
Amanda Spiegel, Spring 2007
The United States ideology is from: the Wealth of Nations and the Declaration of Independence.
The Wealth of Nations is an overview of how the market system can benefit the greater society, as an “individual intends to his own gain” is “led by an invisible hand to promote an end which was no part of his intention.”
As the Wealth of Nations was an economic ideology, the Declaration of Independence was a political one. It lays the foundation of the United States based on the fact that each person can pursue their own values—with life, liberty, and the pursuit of happiness.
Friedman argues that “Economic freedom is an essential prerequisite for political freedom.” Yet, a combination of economic & political power is dangerous.
Friedman continues to state that the growth of big govt or central govt limits freedom, and there is a noted growth in the United States government. The big government would eliminate the growth of the free-market and freedoms of the Declaration.
The question is how can we save economic freedom from big government? Friedman details the concentration of power in DC with thousands of employees, lobbyists, etc. He also details about the huge bureaucratic system, and its powers of red-tape.
Friedman proposes a solution to the growth of big government and the limits of economic freedom with: An Economic Bill of Rights: This limits the funds that federal and state legislators can appropriate. By implementing this, the legislators would remain in balance with the programs which they want to support.
Friedman concludes by stating that “human and economic freedom are part of the very fabric of our being…” and the “greatest threat to human freedom is the concentration of power…” yet we are still free to choose for a change of direction.
Milton Friedman, from "Free to Choose"
1. Economic Ideas-
The Wealth of Nations by Adam Smith
-market system. combines the freedom of people to pursue their interests/
objectives with cooperation to produce food, clothing, housing --must be
voluntary cooperation --no coercion
- both parties benefit
- "invisible hand" guides market by people seeking self interest
2. political ideas-
The Declaration of Independence--Thomas Jefferson
-everyone entitled to pursue his/her own values and interests
- all are created equal
*Economic freedom is necessary to ensure Political
-strong / big gov't poses danger to freedom (out
weighs the "good" big gov't can do)
there is an "invisible hand
in politics" BUT people who promote the general interest are guided
by the "invisible hand" to promote special interests inadvertently
Friedman, Free to Choose
-Declaration of Independence: proclaimed new nation on the principle that every person is entitled to pursue his own values.
-Economic freedom is an essential requisite for political freedom.
-Combination of economic and political power in the same hands is a sure recipe for tyranny.
-Gov't has increasingly undertaken the task of taking from some to give to others in the name of security and equality.
-The fragmentation of power and the conflicting gov't policies are rooted in the political realities of a democratic system that operates by enacting detailed and specific legislation.
-Individuals who intend only to promote the general interest are led by the invisible political hand to promote a special interest that they had no intention to promote.
-The unelected congressional bureaucracy almost surely has far more influence today in shaping the detailed laws that are passed than do our elected representatives.
-We should adopt self-denying ordinances that limit the objectives we try to pursue through political channels.
Harrington: from The Other America
by Tiffany Holley, 2004
-Explored the situation of people who were poor
w/in a society of plenty.
-In 1950s this Amer. Worried about itself, yet
even its anxieties were products of abundance.
-At same time, 40M- 50M citizens were poor and
-The Development of the Amer. City has removed
poverty from the living.
can be done by offering real opportunities to those people by changing
-The spirit of a campaign against poverty does
not cost a single cent. It is a matter of vision.
by Alexis Johnson, Spring 2009
-In “Flat Broke with Children,” Sharon Hays describes the welfare system changes in 1996. The changes she is referring to were made by The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which ended poor families’ entitlement to federal welfare benefits.
-At first, it seemed that all was well—getting unemployed people on welfare to work instead of relying on a check every month. Even though there was a lot more money in the state systems, all but four states left their wages for these people the same; two actually lowering them.
-Also, the new changes required the clients to find jobs in a certain time allotted by the state; however, every state’s rules were not the same.
-Over ninety percent of welfare clients are mothers, this meant that they would have a job, but also they would have acquired costs for sending their children to daycare.
-As she spent time in the welfare offices of two towns, Hays discovered in many case that the desire to work was present. Although many of the women had not worked for some time, it was not a lack of initiative that landed them on welfare. The money itself would not support their many obligations.
-Although the new rules were encouraging, because the new caseworkers seemed to care about their clients, there was still punishment involved if a job was not obtained. Also, the welfare mothers got the message that they were not wanted, and Americans were tired of helping them.
-While most seemed to feel down and out, there were some welfare clients who thought the changes were good. They were offered training for their new jobs that they found very inspiring. They felt that “Americans were standing with [them] rather than against [them].
-This reform was beneficial only in the amount of people left on welfare. If we are simply worried about our money as individuals—the moral obligations aside—this plan was a failure.
-Great ambition without contribution is without significance. To truly impact any social standing, welfare included, everyone must be involved in the change, not only those who suffer, but also those who thrive.
Part 16, America in Changed World:
Benjamin Barber, From Jihad vs. McWorld
by Walker Garrett, 2004
Barber’s definitions relative to the reading:
Jihad- a religious struggle which can result in violence through the political and militaristic means of the crusade. The term, while many times associated with Islam is used in the context of any heartfelt struggle. Eg. Montana militia, Nazis, even Christians
McWorld- the rapid economic and cultural expansion throughout the world of popular culture and goods. McDonalds is international and can be found within any and every culture. It is representative of the global encompassment of American culture, popular culture.
Jihad and McWorld balance each other out. They are two opposite forces which continuously struggle against each other, and neither one of them will ever truly die out. There will always be a cause for Jihad, a new effort for radicals to be involved in, and at the same time, society is continuously changing. Even those who fight against change embrace it in their actions.
Bosnian assassins wear new Adidas apparel, Middle Eastern zealots watch satellite network television, and radical organizations listen to and play rock music in an effort to release their message.
McWorld is the theory of globalization, and Jihad is anti-globalization. Together they balance each other out.
What do Jihad and McWorld have in common?
Both are negative
John Martin, Spring 2007
Huntington describes the renewal of religion, especially the conflict between Islam and Christianity, as the primary factor in the shift of power to non-Western civilizations.
(1) Some attempt to emulate the West and to join or to “bandwagon” with the West.The distribution of cultures in the world reflects the distribution of power.
As Western power declines, the ability of the West to impose Western concepts of human rights, liberalism, and democracy on other civilizations also declines and so does the attractiveness of those values to other civilizations.
East Asia, for example, attributes their own dramatic economic development not to their import of Western culture but rather to their adherence to their own culture.
Ronald Dore terms the rise of the much larger second generation in non-Western civilizations as the “second-generation indigenization phenomenon.”
More broadly, the religious resurgence throughout the world is a reaction against secularism, moral relativism, and self-indulgence, and a reaffirmation of the values of order, discipline, work, mutual help, and human solidarity.
(1) Muslim population growth has generated large numbers of recruits to Islamist causes, exert pressure on neighboring societies, and migrate to the West.
(2) Muslims have receives renewed confidence in the distinctive character and worth of their civilization and values.
(3) The West’s efforts to universalize its values and intentions generate intense resentment among Muslims.
(4) The collapse of communism.
(5) The increasing contact between and intermingling of Muslims and Westerners.
In conclusion, the futures of both peace and Civilization depend upon understanding and cooperation among the political, spiritual, and intellectual leaders of the world’s major civilizations.
Sam Huntington, “Clash of Civilizations”
-Around 1500 A.D. global politics were a multipolar system, meaning nations interacted, competed, and fought wars with each other. Decisions by one civilization affected every other. During the cold war politics became bipolar, in that the world was divided into three parts, with a group of democratic societies clashing and competing with nations associated with and led by the Soviet Union
-Post Cold-war the most important distinctions between people are cultural, not ideological, political, or economic. We know who we are often after we only know who we are not or who we are against. The world post cold war is made up of seven or eight major civilizations
-East Asian economic success has its source in East Asian culture, as do the difficulties East Asian societies have had in achieving stable democratic political systems. Islamic culture explains in large part the failure of democracy to emerge in much of the Muslim world.
-Huntington states the West is and will remain for years to come the most powerful civilization, yet its power relative to other civilizations is declining. Modernization is generating the revival of non-Western societies throughout the world
-“hard power”, power to command resting on economic and military strength, “soft power”, ability of a state to get “other countries to want what it wants” through appeal of culture and ideology. Culture and ideology become attractive when they are seen as rooted in material success. Nations will be swayed to follow the path of a successful nation in order to be successful themselves
-Communist ideology appealed to people worldwide when it was associated with economic success in the 50’s and 60’s, but that appeal evaporated when the Soviet Union stagnated and was unable to maintain military strength.
-For several centuries non-Western peoples envied the economic prosperity, technological sophistication and military power of Western societies, now though many East Asian societies attribute their dramatic economic development not to their import of Western culture but instead their adherence to their own culture. In other words, they are successful because they are not like the western world
by Deborah Garrett, Spring 2008
Chalmers Johnson, “Blowback”
Angelica Bellman, Spring, 2007