AMER POL EXAM 2 CRAM

How are cases decided?

- Stare decisis : principle of deferring to legal precedent (only supreme not bound by precedent) - Judicial restraint : the courts job to narrowly decided cases and interpret the constitution precisely - Judicial activism : court should be able to look beyond constitution and just get socially desirable outcomes

Judiciary Path

1. Something happens, someones sues 2. Case goes to court 3. Case is appealed 4. Go to Supreme Court if necessary 5. At the Supreme Court

What is the bureaucracy and who oversees it?

15 different executive departments headed by a cabinet secretary president oversees it thru appointing, congress oversees it, judiciary oversees it

Affirmative Action in Supreme Court

Brown v. Board of Ed (1954) : Separate is inherently unequal Regents of the Univ of Cali v. Bakke (1978) : racial quotas in admissions are unconstitutional, but race can be considered Grutter v. Bollinger (2003) : upheld use of race in admissions, but with a 25 year limit SFFA v. Harvard (2023) : no race in admissions, only in context of challenges someone overcame

CMS

Centers for Medicare/ Medicaid Services - in charge of providing health insurance through publicly funded programs - regulates diagnostic lab testing

The Vice President

Duties are poorly defined. but, they are the prez of the Senate although they only vote in deadlock also appeal to more demographics to improve presidents appeal serving as a liaison with congress

Collective vs. Dyadic

Dyadic representation : the representativeness of an individual legislator Collective representation : the representativeness of the legislative body as a whole

FDA

Food and Drug Administration 1906: The Pure Food and Drug Act - focused on preventing the interstate transport of adulterated food and drug 1938: Federal Food, Drug, and Cosmetic Act - gave the FDA authority to review drugs for safety before they went to market 1962: the Kefauver-Harris Amendment - added the requirement for drugs to not be just safe, but effective Problems with the FDA include the fact that drugs can take a long time to get approved and there are loopholes that allow them to charge MADDDD for drugs

SEC

Securities and Exchange Commission - Requires companies to publish reports so investors can make informed decisions - charged Theranos with fraud

Delegate vs. Trustee models of representation

The Delegate : the agent merely "stands in" or "speaks for" the principal The Trustee : the agent has special expertise that he or she uses to advance the best interests of the principal

Theories of Representation

There is descriptive, substantive, and symbolic representation. the idea that people experience things differently based on identity is the basis for descriptive rep, and that people can better rep others with their identity.

The Warren Court

chief justice Earl Warren that overturned Plessy v. Ferguson in Brown v. Board of Education (1954) - known for liberal decisions on social issues including civil rights and desegregation (brown, loving v. virginia) criminal procedure (miranda v. arizona) free speech (tinker v. des moines)

Presidential Expressed powers

commander in chief of military grant reprieves and pardons the face of nation in diplomatic endeavors executive power (appointing)/ executive priviledge (secrecy) legislative power (vetoing, state of union, budget agreements)

Presidential Implied powers

implied by the necessary and proper clause, and includes power over government agencies and interpreting the constitution