POLS Final

Different Kinds/ Purposes of Gerrymandering

1. Racial: The drawing of districts to create opportunity for minority voters to elect a candidate of their choice. "Negative racial gerrymandering" refers to a process in which district lines are drawn to prevent racial minorities from electing their preferred candidates. 2. Partisan: refers to redistricting that favors one political party When the party in control of the redistricting process draws the district lines to maximize the power of their own party. 3. Incumbency: "You help me, I help you" Bipartisan gerrymandering refers to redistricting that favors the incumbents in both the Democratic and Republican Parties Incumbent gerrymandering is the redrawing of boundaries in a bipartisan manner, in order to beneit incumbents on both sides of the aisle.

Problems with Gerrymandering

1. Unfair Representation 2. Lack of Competition 3. More Extreme Partisanship

Grand Jury Indictment

A criminal case formally begins with an indictment or information, which is a formal accusation that a person committed a crime. A grand jury indictment is a way to file criminal charges against someone. Grand jury indictments are most often used for felonies, which are the more serious crimes, such as bank robberies or sales of illegal drugs. Grand jury indictments are not usually necessary to prosecute less serious crimes, called misdemeanors, and are not necessary for all felonies. For these crimes, the U.S. attorney issues an information, which takes the place of an indictment. An example of a federal misdemeanor is speeding on a highway in a national park. An information may also be used when a defendant waives indictment by a grand jury.

Filibuster Rule

A filibuster in the United States Senate is a obstructive tactic used in the United States Senate to prevent a measure from being brought to a vote. The most common form of filibuster occurs when a senator attempts to delay or block a vote on a bill by extending debate on the measure. The idea behind the filibuster was simple: As long as a senator kept talking on the floor, a bill could not move forward.

Proposition 20

Adds the task of re-drawing California's U.S. congressional district boundaries to the commission created by Proposition 11

Proposition 11

Authorized the creation of the California Citizens Redistricting Commission. Independent Commission

How opinions are assigned?

Chief Justice gets to assign opinion to him/herself or to another judge if in the majority. If Chief Justice is not in the majority, judge with the highest seniority gets to assign opinion. (opinion - decision in the case and legal argument)

Cracking vs. Packing

Cracking: Spreading like-minded voters apart across multiple districts to dilute their voting power in each. This denies the group representation in multiple districts. Packing: Concentrating like-minded voters together in one district to reduce their voting power in other districts. This gives the group representation in a single district while denying them representation across districts.

Detention vs. Arrest

DETENTION: In a detention, the police only need reasonable suspicion to stop an individual, and a reasonable person would feel as though they could leave in a short amount of time. The U.S. Supreme Court has held that 20 minutes or so is a reasonable timeframe for detaining someone. Investigatory stops (or "detentions") must be no longer than necessary and officers must investigate with the least intrusive means that are reasonably available. ARREST: To arrest an individual, law enforcement officers need probable cause. An arrest is characterized by the idea that a reasonable officer to believe that there is a high probability or substantial chance that the individual has been involved in, or will be involved in, criminal activity. An officer's "brief and cursory" holding and questioning someone is a detention. An example is a cop stopping someone who is behaving suspiciously in order to ask a few questions. The suspect isn't free to leave, but he also isn't under arrest, at least until the officer develops probable cause. Another common example is an officer pulling over a driver for some kind of traffic or equipment violation. An arrest, on the other hand, involves the police taking someone into custody through a more significant restraint on movement. The quintessential example involves the use of handcuffs and an advisement that the suspect is under arrest.

Superdelegates (712)

Democrats have Superdelegates which are people in democratic party who get to vote. People such as Democratic National Committee members, Democrats in Congress, Democratic Governors, distinguished party leaders, such as former presidents

Magic Number for Presidential Nomination Process

Democrats: 2382 Republican: 1237

Primary Definition

Election before general election. Election that decides who run in the general election.

Iowa, New Hampshire

First two states to nominate delegates both for the Democratic and Republican parties to run in the general election. Now, the caucus in Iowa is the all-important kickoff to election season, followed closely by the first primary in New Hampshire. And New Hampshire is arguably equally important, as it either affirms the frontrunner decided in Iowa or tempers the results of the first event with a different outcome. Iowa never intended to set the pace of every presidential election season.

Searches

Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Front-Loading

Frontloading is a decision to move a primary date to the beginning ("front") of the presidential nomination season. State party leaders have moved their primary dates to the front so that their partisans may have more influence in the selection process. Over time, more and more primaries have been moved to the front ("loaded"), creating nomination seasons with more and more delegates awarded in multi-state ("Super Tuesday") primaries. A consequence of frontloading is a front-loaded nomination season.

Miranda Warning

Have to be met before miradarized: - Custody (Arrest) - Interrogation (Questions) Questions trigger Miranda warning

Cloture

In place to stop a fillibuster U.S. Senate needs 60 votes to stop (Cloture) a filibuster

Staggered Elections

In staggered elections, not all places in an elected body are up for election at the same time. For example, United States Senators have a six-year term, but they are not all elected at the same time. Rather, elections are held every two years for one-third of Senate seats.

Oral Argument

Notes: Justices "pepper" bombard attorney with questions (30 minutes)

Primary vs. Caucas

Notes: Primary: Show up and vote Caucus: Meet up with party members to argue for candidate Online: In presidential campaigns, a caucus is a system of local gatherings where voters decide which candidate to support and select delegates for nominating conventions. A primary is a statewide voting process in which voters cast secret ballots for their preferred candidates. More Online: The electoral process to nominate a candidate for a presidential election is usually called "the primaries," but there are two different systems that states use: caucus and primary. Unlike a primary, where residents simply cast their ballots, a caucus is a local gathering where voters openly decide which candidate to support. The caucus format favors candidates who have a dedicated and organized following because a small band of devoted volunteers can exert an outsized influence in the open setting of a caucus.

Conference

Notes: Usually at the end of the week and justices meet up and discuss the case and how they will vote.

Roe v. Wade

Notes: (1973) (7-2) established that in roughly the first six months of pregnancy, Women have the right to abort the baby. States can't make it illegal. After Roe v. Wade, Abortions can't be illegal within the first six onths Online: (1973) ruled unconstitutional a state law that banned abortions except to save the life of the mother. The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester.

Judicial Review

Notes: The courts are allowed to invalidate the law if they find it unconstitutional. Judicial review is a process under which executive and (in some countries) legislative actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority; an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.

Rule of Four

Notes: You need 4 judges to approve Petition for a Writ of Cert: To file an appeal you need a Petition of cert, Granted through 4 of the 9 (8 now) judges (Supreme court). Once granted --> go to Cert pool A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certioari comes from Law Latin and means "to be more fully informed."

Different Kinds of Primaries/ Define

OPEN CLOSED SEMI-CLOSED TOP-TWO Open: Definition: allows any registered voter to cast his/ her ballot in either party's primary Class Notes: Doesn't matter what party, can vote for any candidate Closed: Definition: mandates that voters registered with a party vote in that party's primary Class Notes: If registered Democrat, given special ballot so that you only vote for democrat candidates. Semi-Closed: Definition: Registered party members can only vote for their party in a semi-closed primary. However, unlike a closed primary, independents are allowed to choose to vote in any party's primary. Class Notes: If independent, can vote for any party. Top-Two: Definition: In a top-two primary (sometimes referred to as a jungle primary), all candidates are listed on the same ballot. The top two vote-getters, regardless of their party affiliations, advance to the general election. Class Notes: Whoever wins the top two (votes) will be sent to represent in the general election regardless of party

Independent Commissions

People who draw the district lines The Independent commission has 14 members: 5 Republicans, 5 Democrats, and 4 Independents. 3/5 Republicans, 3/5 Democrats, 3/4 Independents have to agree to change a redistricting line/ a new plan.

Presidential Nomination Process

Process (Jan-June) The Candidates: About a year before the elections candidates from the two main political parties the Democrats and the Republicans begin their campaign trails. They set up their team and start "going on tour" around the country to rally for support and to fundraise for their campaigns. The Debates: At the start of the campaigns the candidates from both parties participate in televised debates. During the debates each candidate will have to answer tough questions about their policies as well as defend their stance on issues and policies against other candidates. The Primaries and Caucuses: Beginning in February the main voting events Primaries and Caucuses will lead to a selection of delegates who will represent the people at the upcoming conventions. The main focus will be on the results from Iowa New Hampshire Nevada and South Carolina which can usually determine who the final presidential nominee for each party will be. The Running Mates: Around July presidential nominee hopefuls will start announcing their choice of "running mate"—the individual who will become vice president if the nominee is elected president. The National Conventions: At the National Conventions state delegates from the primaries and caucuses selected to represent the people will now "endorse" their favorite candidates and the final presidential nominee from each party will be officially announced at the end of the conventions. Reform: means the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc.

Reasonable Suspicion (detention) vs. Probably Cause (Arrest)

Reasonable suspicion: means that there were objectively reasonable circumstances to suspect that the detained individual was involved in, or was about to be involved in a crime. "Probable cause does not require the same type of specific evidence of each element of the offense as would be needed to support a conviction." Probable Cause: sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime

EC: Bar Exam Story

Someone behind Professor Den Otter threw up all over her exam

EC: Individual Mandate

Supported by Health Insurance Agency. Requirement by law that forces people who don't have health insurance to buy health insurance or pay a penalty tax (assuming you don't get it through your work or medicare)

Affordable Care Act (Obamacare)

The Affordable Care Act or Obamacare is a reform on the healthcare system. It provides more Americans with Affordable Quality Health Insurance and attempts to curb the growth in healthcare spending in the U.S. Obamacare focuses on: - Improving healthcare nationwide - Providing better and more effective healthcare to Americans - Offering more affordable choices to those without insurance or those who dislike their current plans - Reforming the way that insurers and providers offer their services - Putting regulations into place to keep insurers and providers honest - Reducing the amount of spending generated through an inflated healthcare system - Providing incentives, like tax breaks to small businesses, so that they cover their employees Under this law, millions of uninsured people now have access to healthcare options that they may not have had in the past. Additionally, the law provides for the protection of patient rights. It also ensures that insurers and healthcare providers provide accessible healthcare to those who may have been refused prior to the implementation of the law.

U.S. Supreme Court

The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" (majority vote) of the Senate. Once appointed, Justices effectively have life tenure, serving "during good behavior," which terminates only upon death, resignation, retirement, or conviction on impeachment. The Court meets in Washington, D.C. in the United States Supreme Court building.

Nuclear Option

The nuclear or constitutional option is a parliamentary procedure that allows the U.S. Senate to override a rule or precedent by a simple majority of 51 votes, instead of by a supermajority of 60 votes but neither Party wants to do it because it decreases the power of the filibuster which may be an important tool for future legislation decisions.

Warrants

Warrant refers to a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the written protection from damages if the act is performed. Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Super Tuesday

a day on which several US states hold primary elections. the biggest day of primary season Many states form alliances to hold their primaries on the same day to boost their influence , most famous alliance is Super Tuesday Which states are voting on Super Tuesday? Alabama, Arkansas, Georgia, Massachusetts, Minnesota, Oklahoma, Tennessee, Texas, Vermont and Virginia will hold contests for both Republicans and Democrats. Republicans in Alaska will hold caucuses. Democrats in Colorado will hold their caucuses as well. Finally, Democrats in American Samoa are also holding their nominating contest.

Gerrymandering Definition

manipulate the boundaries of (an electoral constituency) so as to favor one party or class. Redistricting/ Redrawing district lines to achieve a political agenda/ objective/ purpose Online: Two principal tactics are used in gerrymandering: "cracking" (i.e. diluting the voting power of the opposing party's supporters across many districts) and "packing" (concentrating the opposing party's voting power in one district to reduce their voting power in other districts). In addition to its use achieving desired electoral results for a particular party, gerrymandering may be used to help or hinder a particular demographic, such as a political, ethnic, racial, linguistic, religious, or class group, such as in U.S. federal voting district boundaries that produce a majority of constituents representative of African-American or other racial minorities, known as "majority-minority districts". Gerrymandering can also be used to protect incumbents.