Poli Sci Test #2
executive agreement
Presidents have sought to achieve international goals through this. Not subject to public approval, not same as treaty
Given political parties are, technically, private organizations, how did the Supreme Court justify declaring white primaries unconstitutional in Smith v. Allwright?
court reasoned that political primaries are not merely private matters but an integral part of electoral process.
* Swann v. Charlotte-Mecklenburg
1971 - Ruled that busing schoolchildren to different schools was allowed to combat de jure segregation
According to Justice Warren, why doesn't the legislative history of the 14th Amendment provide sufficient evidence to help them resolve this case?
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How does the fact that this is also a moral problem weigh in the SC's consideration of Congress's power?
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How has education changed since the Plessy case, and why does this warrant revisiting the ruling, according to Warren?
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In the Court's interpretation of the 14th Amendment, they state that the amendment aims to enforce absolute racial equality before the law, but what kind of equality does the amendment not try to achieve? Why?
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To whom does the primary responsibility fall for addressing and articulating the problems posed by desegregation in particular school districts?
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What arguments does Congress use to counter these points?
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What does the term "equity" mean?
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What is the "twofold aim" of criminal justice?
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What is the one "caveat" to the SC's refusal to consider the means Congress uses to regulate commerce?
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What is the timeline the Court sets for implementation of these plans in Brown II?
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What kind of evidence did the NAACP present to the Court in support of their argument that segregation violates the Equal Protection Clause?
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What kind of evidence does the Court look to when it rules that separate facilities are inherently unequal?
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What role did originalism/history play (or not play) in SCOTUS's decision in Brown?
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What three parts of the Constitution did Heart of Atlanta Motel cite in its attempt to argue that the Civil Rights Act violated its rights?
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Which Congressional statute prohibited racial discrimination/segregation in public accommodation?
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Why does the SC have jurisdiction?
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14th Amendment
1. "abridge the privileges or immunities of citizens in U.S." 2. "deprive any person of life, liberty, or property, without due process of the law" 3. "deny to any person within its jurisdiction the equal protection of laws"
What are the 3 parts (clauses) of the 14th Amendment? Which clause is pertinent to the discussion in this chapter?
1. "abridge the privileges or immunities of citizens in U.S." 2. "deprive any person of life, liberty, or property, without due process of the law" 3. "deny to any person within its jurisdiction the equal protection of laws"
What four types of businesses are affected by the law in question?
1. any inn, hotel, motel 2. restaurant, cafeteria 3. motion picture house 4. establishment which is located within premises of above
According to your textbook, why is the Korematsu case significant? How and when did Congress respond to this case?
1. upholding federal actions against interness, referred to race as "suspect" and demanded close scrutiny 2. racial minorities denied basic rights 3. Supreme court never reached question of whether relocation centers were unconstitutional
Watergate
1972; Nixon feared loss so he approved the Commission to Re-Elect the President to spy on and espionage the Democrats. A security gaurd foiled an attempt to bug the Democratic National Committe Headquarters, exposing the scandal. Seemingly contained, after the election Nixon was impeached and stepped down
Writ of habeas corpus
A court order requiring explanation to a judge why a prisoner is being held in custody.
* Dred Scott v. Sandford
1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitional
* voting rights act of 1965
1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it rboguth jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap.
* Milliken v. Bradley
1974; desegregation plans could not require students to move across school district lines; , It limited the impact of Swann school desegregation by distinguishing between de jure and de facto segregation.
On which and how many occasions has Congress officially declared war?
5: war of 1812, war with Mexico, Spanish-American war, and 2 global wars
(see Brief 9.5) How did some states respond to Brown v. Board? How did the Supreme Court attempt to counteract these responses in Cooper v. Aaron? Was the Supreme Court successful, why or why not?
8 state legislatures passed resolutions that formally nullified Brown decision and adapted laws that frustrated efforts to achieve integration. Little Rock, New orleans, and Tennessee resorted to violence when legal attempt to resist integration failed. SC rejected the school boards application and blamed hostile conditions in Little Rock on failure of state officials.
How many states did the VRA apply to when it was originally passed?
9
impeachment
A formal document charging a public official with misconduct in office
* War Powers Resolution
A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. Presidents view the resolution as unconstitutional.
In what 3 ways does SCOTUS narrowly construe the meaning of the post-Civil War amendments?
A. B. C.
What three provisions in the original draft of the Constitution helped protect the institution of slavery?
A. 3/5's compromise: slaves be counted as 3/5 of a person B. 1808 Compromise: prevented congress form prohibiting slave trade until 1808 C. fugitive-slave-clause: nationalized slave property, obligating free states to assist in enforcing slave system
After the Parents Involved case, a number of school districts in the US were apparently operating unconstitutional desegregation programs. In Brief 9.6, the author outlines steps these schools can take (i.e. questions to ask as they make and evaluate policy) to ensure that their program meets the Constitutional criteria established by the Court. What are the questions the authors state that schools need to ask? What are some of the possible solutions/answers to these questions outlined in the Brief?
A. How will the Courts riling change school district practices? B. ensuring that the plan adopted meets the "narrowly tailored" means test used by Courts.
In Kilbourn v. Thompson and McGrain v. Daugherty, the SC outlined limitations and guidelines for Congressional investigations. What are these?
A. Only can be used in pursuit of declared legislative ends B. Congress possesses express and delegated lawmaking powers C. Congress can have private citizens testify
In Justice Jackson's concurring opinion in the Youngstown case, he outlines three sources of "legitimate" presidential power. What are these sources?
A. if acting in response to expressed or implied authorization by congress, power is at its maximum B. if acting without either congressional authorization or denial of authority "zone of twighlight" exists where both president and congress have concurrent authority C. president acts against expressed or implied will of congress, president power is "lowest ebb" President may be able to rely upon congressional power alone with congress.
In past cases what has qualified as a compelling interest? (good quiz/exam q)
A. remedying the effects of past intentions B. interest in diversity in higher education upheld in Grutter
What are the President's primary constitutional powers/roles? (see Brief 5.3)
A.strong national leadership B. an effective diplomat in foreign affairs C. command of the nations military forces D. administrative skill in implementing the nations laws
* Military Commissions Act (hint - focus on how it responds to the two problems the Court finds in Hamdan)
Act of Congress signed by President Bush.The Act's stated purpose was "To authorize trial by military commission for violations of the law of war, and for other purposes." Congress gives pres power to create military commissions, detainees have right to challenge detention in fed civilian courts.
15th Amendment
Amendment that extended suffrage to all races., Citizens cannot be denied the right to vote because of race, color, or precious condition of servitude
Which sitting Presidents were impeached? What was the result of their impeachments?
Andrew Johnson, Bill Clinton, tried to Impeach Nixon
* 2001 "Authorization for Use of Military Force"
Congress authorizes use of United States Armed Forces against those responsible for the attacks on September 11, 2001.
* Heart of Atlanta motel, inc. v. U.S.
Congress has right to prohibit racial discrimination in public accommodations through the Commerce Clause because the interstate movement of people is "commerce." Even if the public accommodation is of a purely "local" character, Congress' power to regulate interstate commerce extends to local incidents which might have a substantial and harmful effect on the commerce.
What holiday is celebrated on September 17 each year?
Constitution Day
For Hamdi v. Rumsfeld - 2004, Hamdan v. Rumsfeld - 2006, Military Commissions Act - 2006, Boumediene v. Bush- 2008, focus on the separation of powers issues presented. How does Congress/Executive attempt to regulate jurisdiction? What are the courts' responses to these cases? Think of these cases/acts as a dialogue - one branch acting and the other responding.
Hamdi v. Rumsfeld- violated Hamdi's 5th amendment by denying him access to defense counsel and that the separation of powers principle didn't require deference here to solely the executive branch's determination that Hamdi was a "enemy combatant"
De jure segregation
Racial segregation that is required by law
De facto segregation
Racial segregation that occurs because of past social and economic conditions and residential racial patterns.
Who is the longest serving member of Congress in history? (hint - from your Professor's home state)
Rep. John Dingell
How have constitutional amendments changed the office of the presidency (e.g. how the President is elected and how the President performs the office)?
Requires Presidential electors to cast two votes. (one Pres and Vice) (12) Presidents term ends at noon on the 20th of January (20th) Only two terms in office (22nd) Said that DC had 3 electoral votes for President bringing count to 538 (23rd) Pres, Vice, speaker, pro temp, and cabinet in order that it was established (State, Treasurer, Defense, Attorney General)
In Sweatt v. Painter, the Supreme Court ordered the University of Texas to admit an African American young man to their law school. On what legal grounds did the Supreme Court base this decision, and how does it differ from the arguments made in Brown v. Board?
SC unanimously ordered Sweatt's admission
* Shelby Co. v. Holder
Shelby country Alabama challenged preclearance requirement, arguing great progress had been made in minority voting, but Section 5 stands as threat to state sovereignty and badge of shame Strikes down section 4
What was the SC's role in Vietnam? Did it hear any important cases during this time? Why/why not?
Supreme court petitioned to rule on the constitutionality of war/ Mara v. McNamara
Compare and contrast the Court's rulings in Swann v. Charlotte-Mecklenburg Board of Education and Milliken v. Bradley. Why did the Court uphold proactive desegregation in one instance but not in the other?
Swann v. Charlotte-Mechlenburg: dealing with the busing of students to promote integration in public schools Milliken v. Bradley: desegregation plan, Detroit school system guilty of de jure segregation. confirming that segregation was allowed if it was not considered an explicit policy of the school district.
What argument did Nixon's legal team make in the District Court case as well as in this case for why the court lacked the jurisdiction to issue a subpoena for the tapes?
court lacked jurisdiction to issue the subpoena because a intra-branch dispute between a subordinate and superior officer of Executive Branch
What role does each house of Congress play in impeachment trials?
The House impeaches and the Senate convicts.
What is a line-item veto? Why did the SC declare this kind of veto unconstitutional in Clinton v. City of New York?
The authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending. The legislature may override a veto, usually with a two-thirds majority of each chamber. unconstitutional because it violates separation of powers
* Tonkin Gulf Resolution
This gave the president authority to take "all neccessary measures to repel any armed attack against forces of the United States."
What is meant by the phrase "zone of twilight"? (This is an objective/straightforward q and would be a good exam/quiz q)
When president acts in absence of either a congressional grant or denial of authority, he can rely on his own independent powers, but theres a zone of twilight in which he and congress may have concurrent authority or distribution is uncertain.
When is presidential power at its lowest ebb? (This is an objective/straightforward q and would be a good exam/quiz q)
When president takes measure incompatible with expressed or implied will of congress, his power is at its lowest ebb, then he can rely on his own constitutional powers.
According to Justice Jackson, when is presidential authority at its "maximum"? (This is an objective/straightforward q and would be a good exam/quiz q)
When the president act pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.
* Youngstown Sheet and Tube v. Sawyer
Whether president had right to evoke emergency powers in order to seize private property without congress approval. outcome: doesn't have the right.
* Brown v. Board of education
court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place
Why is Congress' investigative power controversial (A) from a Constitutional standpoint and (B) from a political standpoint?
a. The Constitution doesn't grant Congress power to investigate b. Seen as efforts to earn political points and embarrass opponent
Compare and contrast Myers v. US and Humphrey's Executor v. US. What kind of appointed office did each case deal with, and what did the SC say about the President's ability to remove these individuals from office? Why could the President remove one official but not the other? What is the significance of this for separation of powers?
a. executive officials doing exclusive executive functions can be removed by president (Myers case) b. Humphrey performed non-executive duties meaning he couldn't be removed by president
How did the Seattle and Louisville schools take race into account when assigning children to school districts?
adopted student assignment plans
"preclearance"
any jurisdiction originally covered by the law receives this from the federal gov for any change in election procedures. Fed gov must approve
Civil rights act of 1964
banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal
rationality scrutiny
court had to resolve demands of equality and had to show it was reasonable
executive privilege
common device used by most presidents to preserve confidentiality in oval office
What two parts of the Constitution does Plessy say that the LA law violates?
conflicts 13th and 14th Amendment
Boumediene v. Bush - 2008
congress can't deny a basic fundamental rights, ruling that prisoners had constitutional right to challenge their continued detention in civilian court
How have constitutional amendments changed the nature of Congress (both its election and function)? [see table 6.2 - focus on the concepts not on memorizing the amendments]
congress has power to levy taxes and income, specifies manner in which house and senate elect president and VP, direct popular election of U.S. senators
What exactly did Executive Order 10340 attempt to accomplish? How?
directed secretary of commerce to seize the nations steel mills and to direct the owners and managers to keep them operating during Korean conflict.
* Civil Rights Act of 1875/Civil Rights Cases (hint - consider the part of the Constitution in question & type of discrimination targeted)
discrimination by private individuals, congress made it illegal to deny any person of equal enjoyment to facilities.
What, according to Justice Thomas, is required for the Constitution to be "color blind"?
dissent would permit measure to keep race together and proscribe measure to keep race apart
According to Justice Harlan's dissent, in addition to outlawing slavery, what else does the 13th Amendment do?
doesn't permit the with holding or deprivation of any right necessary inhering in freedom.
What is the "anti-discrimination principle"? Why is it "perfectly compatible with vast inequalities between individuals"?
forbids governmental discrimination against individuals on irrational grounds unrelated to any legitimate state purpose. (discrimination against race and ethnic origin) individuals will still discriminate from a history of racial segregation and discrimination
Under the VRA, who had the power to appoint federal "voting examiners"?
gave attorney general power
Justice Kennedy suggests a number of measures that schools might adopt to make their student bodies more diverse. What are these? (good quiz/exam q)
goal of bringing together students of diverse backgrounds through: strategic site selection of new schools, drawing attendance zones, allocating resources for special programs
* Equal protection clause
guarantee political equality to black, specifically the right to vote
(distinct from the report mentioned in #2) On which two articles did the House vote to impeach President Clinton? Which two articles did not garner enough votes for impeachment? What was the outcome of the Senate's consideration of these articles?
impeached on perjury and obstruction of justice, 2nd perjury and abuse of powers
USA PATRIOT Act
law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties
According to a 1961 report, what percentage of eligible African Americans were actually registered to vote?
less than 1/4th in southern states and 3% in the country
What did the Voting Rights Act require states or political subdivisions (e.g. counties) where fewer than 50% of the eligible voters were registered do?
literacy and/ or constitutional understanding tests, requirements of ed. achievement or knowledge in particular subject and "good moral character" requirements.
Complete this quote about strict scrutiny: "review is ____________ to achieve a __________ government interest."
narrowly tailored; compelling
13th Amendment
neither slavery nor involuntary servitude shall exist with in the U.S.
According to Justice Taney in Dred Scott, was Scott a citizen? Why or why not?
no, prohibited that neither Dred Scott nor any other black man could be considered a citizen
How do the plans being considered in this case differ from the one scrutinized in the Grutter case?
not focused on race alone, "all factors that may contribute to student diversity"
In the "Starr" report investigating criminal wrongdoing by President Clinton, what were the four possible grounds for impeachment outlined in the report?
perjury, obstruction of justice, witness tampering, abuse of powers
Complete this sentence: "Impeachment is strictly a _________ ________ for wrongdoing by a President.
political remedy
"prerogative" theory
power to act according to discretion for the public good, without the prescription of the law and sometimes even against it.
inherent powers/ U.S. v. Curtiss-Wright export corporation
powers to care for the common defense "ought to exist without limitation." case involved congressional joint resolution that authorized Roosevelt to forbid American arms sales to Bolivia.
stewardship theory
presidential functions as a steward or trustee of the people. Enables the chief executive to do whatever may be necessary for public good unless specifically forbidden by Constitution or fed law
Cloture/filibuster
procedure for ending a debate and taking a vote. prolonged speech that obstructs progress in a legislative assembly.
Cooper-Church Amendment
prohibited use of funds for American combat forces in Laos, Thailand, and Cambodia
What is a restrictive covenant? Did the Supreme Court declare these covenants unconstitutional in Shelley v. Kraemer? Explain.
property owners wanted to prevent blacks from buying property in there neighborhoods, constitutional, but unenforceable
For what purposes does Congress use investigations?
protecting itself, informing public, overseeing executive branch, and passage of legislation
What specific topic did Brown v. Board II address that wasn't considered when the case initially appeared before the Supreme Court? With what principle did the Court resolve this issue?
question of how to implement school desegregation. wanted to lower the courts to oversee implementation of Brown decision to make sure black children were admitted into public schools.
What kind of discrimination did the 1875 Civil Rights Act target? What did SCOTUS say about this law in the Civil Rights Cases? (hint - what is the difference between public (government) discrimination and private discrimination?)
racial discrimination (private), made public discrimination illegal and prohibited discrimination action by private individuals
* Plessy v.Ferguson/ separate but equal
rendered state imposed racial segregation court used separate but equal to reconcile system of state-enforced segregation with demands of equal protection under 14th Amendment
What does "Section 5" of the VRA require states covered by the act to do? On what grounds was this challenged in Shelby County v. Holder?
requires states and localities covered by law to obtain permission from fed gov before making any changes in voting or election procedures. Challenged preclearance requirement in shelby
"Jim Crow" laws
requiring racial segregation in number of areas
"Black Codes"
restricted black from carrying arms or using courts, segregated in all public facilities
What is a "grandfather clause"?
said you could only vote if your grandfather voted. This eliminated blacks from voting because they were not allowed to vote
According to the SC, why doesn't the segregation ordinance violate the 13th Amendment?
slavery implies involuntary servitude
Complete Justice Roberts' statement: "The way to stop discrimination on the basis of race is to _________________________________." (good quiz/exam q)
stop discriminating on the basis of race
* U.S. v. Nixon
supreme court decision that ended conflict between executive privilege and judicial determination
What is the "fallacy" of Plessy's appeal, according to Justice Brown?
the enforced separation of 2 races stamps the colored race with badge of inferiority
Why doesn't the President's constitutional authority under the "take care" clause and/or his role as Commander in Chief justify the seizure?
the seizure order cannot be sustained because of the several constitutional provisions that grant executive power to president. The order cannot properly be sustained as an exercise of the Present's military power
On what grounds did the steel company argue that the President had violated the constitution? How did the Truman Administration respond to these accusations?
there are 2 statutes which authorize the president but the gov admits that these conditions were not met and that president's orders were not rooted in either statutes. Gov refers to seizure provisions of one of these statutes of the defense production act.
* Parents involved in community schools v. Seattle school district
this case determined that race cannot be the sole factor in enrolling students for making a diverse campus. other factors need to be considered
constitutional or "whig" theory of presidential power
this view of presidential authority said that the president was limited to the exercise of those powers expressly granted in the constitution
Why did Congress reject an amendment to the Taft-Hartley Act that would have allowed for governmental seizures of certain industries during strikes?
thought that technique of seizure would interfere with the process of collective bargaining
How does the War Powers Resolution (attempt to) limit the President's war-making power?
troops must be withdrawn within 60 days unless Congress declares war; president needs Congress permission
On what two grounds does the President argue that there is "absolute" executive privilege? Why does the SC disagree? (This is an objective/straightforward q and would be a good exam/quiz q)
two ground of which is common to all governments and one of which is peculiar to our system of separation ow powers. 1st ground: valid need for protection of communications between high gov officials and their manifold duties; importance of confidentiality is too pain to require further discussion. 2nd ground: asserted by pres counsel in support of claim of absolute privilege rest on doctrine of separation of powers. argued that independence from executive within own sphere insulates pres from judicial subpoena and protects confidential presidential communications
How were literacy tests used to disenfranchise African Americans?
used as a means to eliminate blacks from voting
What is strict scrutiny?
used to determine constitutionality of certain laws
What is the "underlying legal question" in these cases?
whether public schools that had not operated legally segregated schools or been unitary may choose to classify students by race and rely on classification
