American Democracy in Context. Joseph A. Pika
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independent sovereign governments, which delegate limited authority to a central government of their making. The independent sovereign governments retain sovereignty, with no legal superior, over all matters they do not delegate to the central government.
Federal system:A constitution is on top from which arrows point down to a central government and several state/local governments.State governments are sovereign in specified matters, and a central government is sovereign in other specified matters. The matters over which each government is sovereign are set forth in a constitution, which is the supreme law of the land.
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The federations of the world are as follows.
Canada, United States, Venezuela, Brazil, Argentina, Austria, Germany, Belgium Switzerland, Spain, Iraq, United Arab Emirates, Nigeria, South Africa, Tanzania, Comoros, Ethiopia, Somalia, Pakistan, India, Nepal, Bhutan, Malaysia, and Australia.
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The painting shows an aerial view of the waterways, which form the center of the illustration. The city is depicted in the foreground while the background shows the sea. The waterway is shown to be quite busy with several steamboats, large and small sail ships, and even a few tug boats plying.
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The horizontal axis shows the years from 1996 to 2017 and the vertical axis shows the percent from 0 to 80 in increments of 20.
The two graph lines expressing opposite opinions are the mirror image of each other, one showing a rising trend and the other a dipping trend.
Should not be valid: This line starts at close to 70% in 1996, gradually dropping down to finish at 32 in 2017.
Should be valid: This line starts at around 27% in 1996 and rises slowly to finish at about 65 % in 2017.
Note: How has public opinion about same-sex marriage changed since the Supreme Court’s decision in Obergefell?
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The details are as follows.
Medical marijuana broadly legalized: Montana, Utah, Arizona, Hawaii, New Mexico, North Dakota, Minnesota, Missouri, Oklahoma, Arkansas, Louisiana, Ohio, West Virginia, Pennsylvania, New York, New Hampshire, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, Florida
Marijuana fully legalized for recreational use: Alaska, Washington, Oregon, California, Nevada, Colorado, Michigan, Illinois, Maine, Vermont, Massachusetts, District of Columbia
No broad laws legalizing marijuana: Idaho, Wyoming, South Dakota, Nebraska, Kansas, Iowa, Wisconsin, Texas, Mississippi, Alabama, Georgia, South Carolina, North Carolina, Virginia, Tennessee, Kentucky, Indiana
4 Civil Liberties
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After reading this chapter, you should be able to do the following:
Explain the purpose of the Bill of Rights and the process by which its provisions came to be “incorporated.”
Define prior restraint and examine the various free speech tests devised by the Supreme Court to distinguish between actions that are constitutionally protected and those that are not.
Explore the debate over what constitutes an establishment of religion and where to draw the line between constitutionally protected free exercise of religion and unprotected conduct.
Discuss the arguments for and against the constitutional right of privacy and recognize the types of issues to which it applies.
Understand the concept of procedural due process and other rights of criminal defendants and explain how the process of incorporation has affected those rights.
Perspective: How Much Government Control of the Internet Is Too Much—Or Too Little?
The Internet has transformed the way that people communicate. It has also vastly increased access to information—and disinformation. The use of social media such as Facebook to spread disinformation (“fake news”) during the 2016 presidential election has led to calls for government to regulate such platforms. But how would that square with the First Amendment and its guarantee that Congress shall make no law “abridging the freedom of speech, or of the press”? Would such regulation amount to government censorship?
Not all countries, of course, have qualms about censorship. China, for example, enacted a law in 2013 designed to curb “online rumors.” Under the law, those who post online rumors that are viewed by 5,000 or more Internet users or that are reposted more than 500 times can be arrested and jailed. In China, online rumors are broadly defined to encompass any socially destabilizing content (that is, pretty much anything the government wants to censor). In 2018, China launched a mobile app that allows the public to report such rumors.1
China has a long history of censoring and restricting access to the Internet. It has developed one of the most sophisticated Internet filtering systems in the world. E-mail, websites, blogs, chat rooms, and bulletin boards are all filtered for content by the government. Both Google and Yahoo! controversially agreed to alter their search engines in China in order to comply with government censorship, and the Chinese government blocked Facebook, Twitter, and YouTube in 2009 and cracked down on microblogs in 2011.2
At the time of the crackdown, China had a population of 1.3 billion, with roughly 485 million Internet users. The government requires Internet service providers (ISPs) to track precisely who is online and what sites users visit, and the government holds ISPs legally accountable if their users violate laws regulating Internet use. Likewise, the government requires Internet content providers (ICPs) to verify the identity of those logging onto their sites and to track their online activity. Failure to do so can lead to revocation of their business license and even arrest.
After signing up for Internet service, Chinese citizens are required to register with the local police within 30 days. Those using Internet cafés must present an identification card, which the café keeps on file for 60 days, along with a detailed log of each patron’s online activity. The café must cut off access to any patron who tries to access a forbidden website and must file a report with the government about such attempts. Forbidden websites have included Voice of America (a U.S. government-funded news radio service), foreign news outlets such as CNN and BBC News, and any site that deals with controversial topics ranging from Tibetan independence to democracy. Among the keywords that trigger filtering systems and block Internet access are revolution, equality, freedom, justice, Taiwan, Tibet, democracy, dissident, STD, and human rights.3
Many Westerners, including civil rights organizations, have criticized China’s censorship.4 But Chinese leaders have fought back, arguing that such criticism smacks of a double standard. Liu Zhengrong, deputy chief of the Internet Affairs Bureau in China, has pointed out that it is common practice around the world to remove “illegal and harmful” information from the Internet and claimed that China’s Internet regulations were no different.5
U.S. citizens do not have to register with the police when they sign up for Internet service, of course. Nor does the U.S. government filter content the way the Chinese government does. Although it is a crime to post or download child pornography, there is little content regulation beyond that. Should there be more? And to what extent should the government be able to monitor what you see and do online? As part of the Bush administration’s post–9/11 “War on Terror,” the U.S. National Security Agency monitored, without court order, e-mails, text messages, and phone conversations in which at least one party involved in the communication was believed to be outside the United States. With a court order, all Internet activity can be monitored by the government. Is that acceptable? The answer largely