Final Flashcards
What are the sorts of things that will disappear after the communist revolution?
The communist revolution will bring about the 1st classless society. Things that support classes such as private property, family, beauty, religion, philosophy, and justice will disappear. The things that support classes are ways to rationalize inequality
According to Alinsky, what sort of life should a young disaffected middle class person seek to live?
Alinsky’s pupils are young, middle class people who are materially well off but want a life different from their parents. Alinsky teaches them how to acquire security for themselves. They should fight for the very things they soundly reject, but they would fight the opportunity to take them, not for the opportunity to earn them
How does globalization and immigration affect the blue collar workers? In other words, what things must be done to prevent the Bourgeoisie from destroying itself?
Globalization and immigration is making the middle class disappear and fall into poverty. Rorty is against international free trade and unlawful immigration (old school leftist view). Bourgeoisie (people who have property). Proletariat (selling labor)
According to Weaver, what is the root and character of our current decline?
The root of our current decline is the abandonment of transcendental standard. The character of our current decline is rejection of all authority because all desires are legitimate (no ranking)
Compare master and slave morality
Slave morality of evil: evil does bad while knowing it is bad. Evil man is dangerous
Slave morality of good: innocent of all exploitation
Master morality of bad (not evil): pitiful
Master morality of good: noble and clean
According to O.W. Holmes in Schenck (1919), when could the freedom of speech be limited by government?
- nation is at war
- obscenity
- incitement to violence or revolution
What did the court say about flag burning in Texas v. Johnson (1989)?
The court said it was not unconstitutional because expression is a form of speech. Texas said it was offensive because the flag is a sacred symbol but the court ruled that you can not determine what is sacred.
According to JS Mill, what are the four reasons for supporting freedom of speech and press?
- the oppressed opinion might be true
- the common opinion is often partially right/wrong- the truth is more likely to be found through debate
- without debate, truth degenerates into prejudice
- without debate, the truth of a doctrine can be lost altogether.
What is Alito’s basic argument in his honorable dissent from the majority opinion in Snyder v Phelps?
Directing vile speech at a private individual/family during a time of great distress renders the speech unconstitutional.
What are the 4 guidelines laid down by the Court for determining what is obscene and what is not obscene?
- has to be offensive depiction of a sexual act
- offensive to average person/ “community standard”
- lack all literary, political, artistic, and scientific value
- it is up to the state legislature
Why did Alexander Hamilton reject the idea of a Bill of Rights for the US Constitution?
The Bill of Rights restricts authority and power, and it gives the wrong impression of the USA government
Why did the Court strike down a California law prohibiting the sale of violent video games to minors, in Brown v Entertainment Merchants Association
Depiction of violence did not constitute obscenity under the 1st amendment. It restrict ideas to which minors can be exposed and the whole idea is a slippery slope
Describe the changing jurisprudence from Roe (1973), to Planned Parenthood v. Casey (1992), to Whole Women’s Health v Hellerstedt (2016)?
Roe v Wade (1973)- abortions are right of pregnant women based on the 14th amendment due process clause and the 9th amendment. District court ruled that the 9th amendment did allow right to abortion and the Supreme Court ruled that the 14th amendment allowed right to abortion
Whole Women’s Health v Hellerstedt (2016)- Health bill 2 overturned because it had 2 regulations for abortion clinics (physicians must have admitting privileges to a hospital within 30 miles and they must all meet Texas standards for ambulatory surgical center) which was considered an undue burden because it limited a woman’s access to an abortion
Planned Parenthood v Casey (1992)- created an “Undue Burden” standard, which was deemed unconstitutional
Why did the Court strike down D.C’s gun laws in DC v Heller (2008)?
The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment. The amendment states that only men in militias can own a gun but during that time, any able-bodied man could join a militia
