PSCI 2306 3Wk1 Final Review

Redistricting in Texas

Occurs every 10 years and sees districts being redrawn to reflect population trends

Due Process Protections

* 5th amendment - prohibits the national government from acting in an unfair manner * 14th amendment - prohibits state and local governments from acting in an unfair manner

Jurisdiction of Federal Courts

*Cases involving federal law *Cases involving treaties U.S. has ratified *Cases involving interpretation of the U.S. Constitution

Function of Congress

-Writes the laws -Confirms presidential appointments -Approves treaties -Grants money -Declares war

14th Amendment

1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts

Organization of Texas Legislature

31 Senators, 150 Representatives

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Buckley v. Valeo

A case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.

Issue network (iron triangle)

A relationship between interest groups, agencies, and congressional committees in a certain policy area

Right to Protest

A right that pressure groups possess, so long as the demonstration is peaceful. Pressure groups may use placards whilst protesting. E.g, the Stop the War Coalition holds demonstrations on many war-related issues, like Trident.

Definition of Federalism

A system of government that allocates power between national and regional/state/local governments

Decision making by members of Congress

A variety of factors go into the decision making by members. Members of Congress have to keep their constituents in mind, as well as media, party leadership, donors, etc.

2nd Amendment controversies

Increased mass shootings lead to the question of where the 2nd amendment should be limited. Very polarizing and fueled by interest groups

Ways in which Bureaucratic Power is limited

Accountability, budgets, elections

Management of Bureaucracy

Appoints leaders of different departments and agencies that manage the bureaucracy

Process of Ratification

Article 7 U.S. Constitution sets forth the requirements that 9 of 13 states must approve the Constitution

Pardons and Judicial Power

Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

How the bureaucracy implements laws

Because the Bureaucracy is an extension of the Executive, it is up to the Executive Branch to insure the laws are implemented

Structure of Congress

Bicameral: House of Representatives (435 Representatives) and Senate (100 Senators)

How a bill becomes a law

Bill is introduced in either house; sent to committee to be approved, rewritten, or killed; sent to the floor for debate and vote; sent to the other chamber for the same process; both houses pass the revised bill; sent to president for approval; president signs, (or, if vetoed, must have 2/3 vote of both houses to override); bill becomes a law

Different parts of the Federal Bureaucracy

Cabinet departments, independent executive agencies, independent regulatory agencies, government corporations, presidential commissions

Limitations on Presidential Power

Can be impeached, has to work with Congress, can have vetoes overwritten, limits the usage of troops, can have nominees denied, can have their budget denied

Growth of Bureaucracy

Change of Societal dynamics Industrial growth creates bureaucratic expansion..... Political pressures (rise of interest groups)

Role and responsibilities of the President

Chief of State (Attends ceremonies, represents the head of the US, gives speeches) Chief Executive (Head of executive departments and agencies, enforces national policy, appoints justices/judges and cabinet heads, carries out laws) Chief Diplomat (directs foreign policy, negotiates treaties) Chief Legislator (Suggests new laws they want passed, approves/vetoes bills passed by Congress) Chief of Economy (Plans national economic policy, proposes budget for federal government) Commander-in-Chief (Directs/Controls the nation's armed forces, uses military to keep order) Chief of Political Party (Leader of their political party, helps with campaigning and fundraising)

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Military Power of the President

Commander in chief, commit troops, expanded powers in time of crisis

Relationship between Bureaucracy and Congress

Congress monitors the Bureaucracy to insure agencies act properly and they have the ability to override the authority of the Bureaucracy when necessary

Duties and Responsibilities of the Texas Legislature

Consider proposed laws and resolutions, consider proposed constitutional amendments for submission to voters, apportion all funds for the operation of state government

Historical context and development of Texas Constitution and Features

Constitution of Coahuila y Tejas (1827) - Unicameral legislature that met annually from January through April and could be called into a special session, executive was a Governor and Vice Governor that were elected to 4 year terms via popular vote, established Catholicism as the state religion, common law The Republic of Texas Constitution (1836) - Largely modeled after the US Constitution, establishes bicameral legislature with a House and Senate (1 and 3 year terms respectively), executive elected via popular vote, recognized slavery, universal male suffrage, bill of rights, excluded citizenship to African Americans and Native Americans The State Constitution of 1845 (1845) - Similar to the 1836 Constitution, Legislature met every other year, Governor served 2 year terms with powers similar to the US President, AG and SecState were appointed by Governor and confirmed by State Senate, created a Public School System and established the Permanent School Fund The Confederate Constitution (1861) - Basically the same as the 1845 Constitution but was stricter with regards to slavery and clamping down on rights of slaves, emancipation of slaves was deemed illegal The Post-Civil War Constitution (1866) - Largely the same as the 1845 Constitution, Governor's term was lengthened to 4 years, line item veto on appropriations bills was granted to the Governor, District Judges directly elected by the people The Reconstruction Constitution (1869) - Written following the rejection of the 1866 Constitution by Radical Republicans, established the US Constitution as the Supreme Law of the Land, Texas Senators would serve six year terms, legislative sessions would occur every year, AG and SecState were appointed by the Governor and all other officials were elected via popular vote, compulsory schooling, rights for African Americans Our Current Constitution (1876) - Limited the power of each branch of Texas Government, legislative sessions reduced to 140 days every other year, salaries were reduced and a mandated balanced-budget was implemented, governor's power was spread out to the Lt. Governor, AG, Comptroller, Treasurer, and Land Commissioner. Currently in use, and is almost 87000 words long and has been amended 507 times

Limits on free speech

Indecency, obscene, defamation, fighting words, hate speech, speech that incites legal action

Powers of the Supreme Court

Include the power to declare a law unconstitutional (judicial review)

Influence of the Supreme Court

Decisions made by the court have made large impacts on American Society in areas such as Civil Rights, Money in Politics, Abortion, etc.

Delegate v. Trustee

Delegate - Elected Representative who votes based on their constituent's opinion Trustee - Elected representative who votes based on own feelings

Historical Development of the Constitution

Developed at the Constitutional Convention of 1787 to replace the Articles of Confederation. Has had 27 amendments added throughout the history of America.

Different kinds of Federalism and their advantages

Dual (Layer Cake) - National Governments and State Governments operate within their own sphere of power (Keeps different powers in check and allows each level to operate within their own lane) Cooperative (Marble Cake) - Various levels of government work together to deliver public services (Greater cooperation allows for more collaborative efforts that can impact the lives of citizens more effectively) Coercive - Substantial growth in power of the Federal Government by overriding state powers and imposing policies on the states (National standards are enforced) New Federalism - Anything not stated in the Constitution is reserved to the states (Extreme levels of Federal Power are prevented)

Evolution of Presidential Power

Early Presidency (Jackson), Dominance by Congress (Lincoln, Roosevelt), Emergence of a Stronger Presidency (FDR, LBJ)

Influence of Executive and Legislative on the Supreme Court

Executive can nominate SCOTUS Justices to be confirmed/denied by Congress. Further, the Executive can chose to ignore SCOTUS rulings

Federal vs. State Government

Federal - Prints money, regulates interstate (between states) and international trade, makes treaties and conducts foreign policy, declares war, provides an army and navy, establishes post offices, makes laws necessary and proper to carry out these powers State - Issued licenses, regulated intrastate (within the state) businesses, facilitated elections, establishes local governments, ratifies amendments to the constitution, takes measures for public health and safety, may exert powers the Constitution does not delegate to the National Government or prohibit the states from using

Federalism Today

Federalism is constantly changing and we have a mix of all types of Federalism currently

Bill of Rights

First 10 amendments to the Constitution

Executive Orders

Formal orders issued by the president to direct action by the federal bureaucracy.

Freedom of Speech Protections

Freedom of Speech is tricky, as there are lots of limitations such as shouting "FIRE!" in a crowded theater, making threats, etc.

Composition of Congress

House - 233 Democrats, 198 Republicans, 1 Libertarian, 3 Vacancies Senate - 53 Republicans, 45 Democrats, 2 Independents (caucus with Democrats)

Differences between House and Senate

House Senate 435 100 Based on population 2 per state 25 yrs old 30 yrs old EC tie-pres. EC tie- V.P. 2 Year term 6 Year term Less media coverage More media coverage Less prestige More prestige Power to Impeach Holds the Trial

Purpose of the Declaration of Independence

Justify or explain reason for revolt against the UK

Limitations of bureaucracy

Lack of flexibility in a turbulent environment (gets hard to have change) People vary in terms of rationality Humans are unpredictable & irrational leaders

Features of Legislative Sessions

Lasts 140 days of every odd-numbered year

Four Factors influencing decisions of Supreme Court

Legal, Personal, Ideological, Political

Checks or Limits on Presidential Power

Legislative -Impeachment, veto overrides, limitation of usage of troops, confirm/deny nominees, budget oversight, picks new VP if VP leaves office Judicial - Judicial Review

Amicus Curiae Brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Majority and Minority Party Powers in Congress

Majority Party works to push their agenda, Minority Party works to implement as many of their ideals as possible

Reform of Bureaucracy

Merit System and the Hatch Act

Committee System in Texas Legislature

Mirror the Committee Systems found in the US House and Senate

Diplomatic Power of the President

Negotiate treated, executive agreements, recognize other countries

Unreasonable Searches and Seizures

Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.

Historical Context and Evolution of Federalism

Offered up as a solution to the Articles of Confederation, largely has developed to strengthen the Federal Government throughout the years, though some powers have gone back to states

How parties and committees influence the legislative process

Parties have different ideologies and whichever party is in control has the ability to push legislation that is more in-line with their ideals through

Issues in Sovereignty and Shared Powers

Power balance between the Federal Level and the State Level and the scope each level has

Growth of Presidential Power

Power increases during crises (Civil War, Great Depression) via Executive Order; FDR started submitting budgets and bill proposals to Congress.

Implied Powers

Powers not specifically mentioned in the constitution

Major issues or debates in the writing of the Constitution

Powers of the Presidency, representation in Congress, how Presidential Elections would work, the slave trade, bill of rights, strength of the Federal Government

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Major Historical Periods of Bureaucratic Growth

Progressive Era, New Deal, Great Society

Amendment process in Texas

Proposal by two-thirds vote of the full membership of both houses of the Legislature. Passage by simple majority of voters qualified to vote in elections for statewide office

Obstacles to reforming Bureaucracy

Red tape, obligatory spending, different visions

Definition of Republican and Democratic Government

Republican Government - Laws are made by Representatives chosen by the People Democratic Government - Laws are made directly by the voters

Protections for those who have been accused of committing crimes

Right to a speedy and public trial by a trial of their peers. Innocent until proven guilty

Composition of Texas Legislature

Senate - 19 Republicans, 12 Democrats House - 83 Republicans, 67 Democrats

Powers of the Presidency

Serve as commander in chief of the armed forces. Commission officers of the armed forces. Grant reprieves and pardons for federal offenses (except impeachment) Convene Congress in special sessions. Receive ambassadors.

Definition of Bureaucracy

Set of structures and procedures used by government or other organizations to administer policies and programs

Role of Speaker of House and Lt. Governor

Speaker of the House - Member of the Majority Party, serves as the presiding officer of the House, conducts meetings, appoints committees, enforces Rules Lt. Governor - Elected by the people, serves as the President of the Texas Senate, establishes the rules of the Senate, establishes all special and standing committees, appoints all chairpersons and members, assigns all Senate legislation to the committee of their choice, has jurisdiction of Senate Rules

Types of Congressional Committees

Standing, Select, Joint, Conference

Expansion of Presidential Power

Started growing during the early 20th Century, rapidly grew with FDR and LBJ

Compensation of Texas Legislature

State Legislators make $600 per month ($7200 per year) plus a per diem of $190 per for every day the Legislature is in session

Strengths and Weaknesses of Federalism

Strengths - Fosters state loyalties, practices pragmatism, creates laboratories of democracy, leads to political stability, encourage pluralism, ensures the separation of powers and prevents tyranny Weaknesses - Prevents the creation of a national policy, leads to a lack of accountability, ignorance of the general populace

Sherbert Test

Test developed to maintain whether or not the state can regulate a religious practice or bias it

Function and purpose of Bureaucracy

The Bureaucracy is in place to implement and administer government policies and regulate

Major Features and Sections of the US Constitution

The Preamble - One Paragraph Introduction that states the goals of the Constitution The Articles - 1 - The Legislative Branch (10 Sections, creates Congress, divides into House and Senate, sets election rules) 2 - The Executive Branch (Sets up Presidency and Vice-Presidency, establishes rules for elections, powers of the Presidency, how to Impeach) 3 - The Judicial Branch (Sets up Supreme Court, lays out duties and powers for SCOTUS and Federal Courts, defines Treason) 4 - The States (Creates rules for state-to-state relations, rights/guarantees to states, admission of states into the Union) 5 - Making Amendments (How to add amendments to the Constitution) 6 - Supremacy Clause (Constitution is the highest law of the land) 7 - Ratification (Constitution becomes effective when 9/13 states approve it) The Amendments - 1 - Freedom of Religion, Speech, Press, Assembly, Petition, etc. 2 - Right to bear arms 3 - Right to not have to quarter Soldiers and free from wartime property seizures 4 - Right to be free from unreasonable search and seizure 5 - Right to grand jury indictment, no double jeopardy, freedom from self-incrimination, due process of law 6 - Right to be informed of charges, right to be present when witnesses speak in court, right to call defense witnesses, right to a lawyer 7 - Right to jury trial in civil cases 8 - Freedom from excessive bail and cruel and unusual punishment 9 - Guarantee of rights not listed in the Constitution 10 - Powers not in the Constitution are reserved to the People and the States 11 - People living in one state cannot sue another state 12 - Presidential Election Changes 13 - Slavery outlawed 14 - Right to be free from discrimination in states, right to have due process of law, right to have equal protection under the law 15 - African Americans have the right to vote 16 - Individual Income Tax 17 - Direct election of US Senators 18 - Prohibition 19 - Women's Suffrage 20 - Lame-Duck Period shortened for federal officials 21 - Repeal of Prohibition 22 - Term limits for the Presidency 23 - People who live in DC can vote for President 24 - Abolition of Poll Taxes 25 - Order of Succession 26 - People can vote at the age of 18 27 - Limits the power of Congress to raise their salaries

Supreme Court Nomination Process

The President Nominates; Senate Confirms. The President nominates a Supreme Court Justice when there is an open judicial position in the Court. The nomination is sent to the Senate Judiciary Committee, which then collects information about the nominee including FBI background checks and reviews the nominees record and qualifications. The judiciary committee then holds a hearing for the nominee in which they are testified in favor and against. The Senate Judiciary Committee then votes on the nomination and then can make a recommendation to the Senate (sometimes they decline to send the nomination to the Senate at all). The Senate then debates the nomination and needs a cloture vote (⅔ of Senate or 60 Senators) to end Debate. The Senate then votes on the nomination as soon as debate ends, the confirmation needs only the majority vote of senators present.

Relationship between the President and the Party

The President is the leader of their party

Legislative Power and the Presidency

The President signs/vetoes legislation, can enact policy via Executive Order

History and evolution of bureaucracies

The bureaucracy was small in the US up until the late nineteenth century and early twentieth century where Progressive Era Presidents developed agencies and departments. Has continued to expand through to today

Executive Privilege

The power to keep executive communications confidential, especially if they relate to national security.

Selective Incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Oral Arguments

The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices. Good theater (for law nerds).

Definition of Civil Liberties

The state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech.

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Delegated Powers of the President

These powers, also called "enumerated Powers", are the powers that are clearly spelled out in the Constitution. These are powers of the federal government. Examples include: the powers to declare war and to raise taxes; regulate immigration & naturalization; regulate interstate commerce; set standards for weights & measures; establish & enforce copyright laws; create lower courts; establish foreign policy; establish a postal system. There are many others.

Distinguishing features of State Governments

They have the power to - Issue licenses, regulate intrastate (within the state) businesses, facilitate elections, establish local governments, ratify amendments to the constitution, take measures for public health and safety, may exert powers the Constitution does not delegate to the National Government or prohibit the states from using, collect taxes, build roads, borrow money, establish courts, make and enforce laws, charter banks and corporations, spend money for the general welfare, take private property for public purposes with just compensation

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Devolution and Privatization

Two terms that describe the shrinking of the Federal Government. Started with the Reagan Revolution and continued in various facets to this day

Types of Opinions

Unanimous, Majority, Concurring, Dissenting

Presidential Performance and Character

While some people argue that the two are intertwined in the success a President may hold in their administration, others will argue that the two are separate entities that hold little influence on each other

Redistricting Process

When a state legislature or independent commission draws new House district lines (if gain/loss of seats after reapportionment process based on census every ten years)

Federalist #78

Written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

How to get a case to the Supreme Court

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