Poli Sci Exam 3
why the anti-federalists wanted a bill of rights
Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.
Prop 187
Anti-illegal immigration (1994)
most executive agreements are legal as long as they don't do what?
As long as important matters still come through the Senate in the form of treaties
development of the Vice President's role
At first the Vice President's role was to take the place of the President if he were to die but now the Vice President is the President of the Senate
Whole Woman's Health v. Hellerstedt
The Court ruled 5-3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion.
plea bargain
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
Grutter v. Bollinger
Allowed the use of race as a general factor in law school admissions at University of Michigan
Edward Snowden
American computer specialist who worked for NSA contractors and said that he was an employee of the CIA and NSA before leaking details of several top-secret United States and British government mass surveillance programs to the press.
LULAC
The League of United Latin American Citizens was a middle-class Mexican American civil rights organization founded in Texas in 1929. It focused on ending segregation in housing, public facilities and schools.
How the Court decides
briefs, oral arguments, conference, opinions (three types); judicial activism vs. judicial restraint -Majority Opinions -Minority opinion -Concurring opinion
trustee
a representative who feels at liberty to act in the way they believe is the best for their constituents. "Trust me"
delegate
a representative who feels compelled to act on specifically stated wishes of their constituents. Do what the people want.
omnibus budget bills
a single document that is accepted by a single vote by legislature but packages together several measures into one or combines diverse subjects
signing statement
a statement a president issues with the intent to influence the way a specific bill the president signs should be enforced
Rule of Four
a supreme court custom in which a case will be heard when four justices decide to do so
surge-and-decline theory
a theory proposing that the surge of stimulation occurring during presidential elections subsides during midterm elections, accounting for the differences we observe in turnouts and results. The hype is gone.
ACA and court decisions affecting it, role the court played with each ACA case (think baseball!)
influenced by Burwell v. Hobby Lobby. This case was about how Hobby Lobby objected to a provision of the Patient Protection and Affordable Care ACT requiring no-charge access to the morning after pill and birth control because the founder claimed it was against his beliefs, the court ruled that Hobby Lobby and other closely held businesses did not have to provide these resources if doing so would violate the religious beliefs of the business owners
whistleblowers
insiders who report illegal or unethical behavior
US Term Limits v. Thornton
made it to where there are currently no term limits for either senators or representatives
local orientation
members of congress have a local orientation, they are always thinking about how to keep the people back home happy since that's how they are elected, this changes their behavior
Peter Principle
people are promoted to a level of incompetence. Bureaucracies end up being run by people that can't really run them
comparable wealth
policies that attempt to remedy the gender pay gap by adjusting pay so that those in female-dominated jobs are not paid less for equivalent work
Neustadt
political scientist who says that a president's power to persuade is key because constitutional powers alone don't provide modern president with the authority to meet rising public expectations
Civil Rights Act of 1968
popularly known as the Fair Housing Act-prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin and sex.
implied powers
powers not specifically detailed in the US Constitution but inferred as necessary to achieve the objectives of the national government
executive privilege
president (in the name of national security) has the ability to hide things from the american public. Almost all presidents do this. It is recognized by the supreme court as a real power. Ex: Trump hid the JFK files
descriptive representation
the extent to which a body of representatives represents the descriptive characteristics of their constituencies, such as class, race, ethnicity, and gender
Cherokee Nation v. GA
the GA legislature declared the Cherokee tribal council illegal and asserted its own jursidiction over Indian affairs and Indian lands; the Cherokees appealed this to the Supreme Court , but Jackson who wanted to open Indian lands to white settlement refused to recognize the Court's decisions
NAACP
the National Association for the Advancement of Colored People (NAACP) was one of the earliest and most influential civil rights organization in the United States. During its early years, the NAACP focused on legal strategies designed to confront the critical civil rights issues of the day.
impeachment
the act of charging a government official with serious wrongdoing, which in some cases may lead to the removal of that official from office
pork barrel spending (riders)
the allocation of federal funds to local projects at the will of a congressperson, also sometimes called earmarking. Pork barrel spending occurs when members of Congress spend government money on specific projects intended to benefit their home districts.
markup
the amending and voting process in a congressional committee
how the decision making role of the courts differs from the President and Congress
the court is uninfluenced by congress, and interprets the law not based on personal political bias but whether or not the legislation is constitutional
Questions answered by Hamilton in the Federalist Papers
why federal judges serve for life why judges are not elected why do we need a supreme court why does the supreme court have the structure it has- too important of job for one person, want it to be collegiate members of the Supreme Court Why judges appointed to live- recruiting tool
how cases are picked
writ of certiorari
briefs
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
dual court system
the division of the courts into two seperate systems, one federal and one state, with each of the fifty states having its own courts
"The nine most terrifying words in the English language"
"I'm from the government, and I'm here to help."
Hamilton quote about the importance of the courts exercising their duty
"The Judiciary Department" would "always be the least dangerous" because "with no influence over either the sword or the purse," it had "neither force nor will, but merely judgement."
Greenstein and the "hidden hand presidency"
"The hidden hand presidency" wrote that Eisenhower preferred to work behind the scenes to make policy
9th amendment
"rights retained by the people," common-law and natural law rights
Indian Removal Act
(1830) a congressional act that authorized the removal of Native Americans who lived east of the Mississippi River
lifetime tenure
when you serve until you die
limits on Supreme Court
-Least powerful of 3 branches -Only ability is to convince people they are right
two kinds of presidential powers that can't be limited
-ability to fire people who work for him -pardons
how to treat everyone equally
-legal tests (rational basis, intermediate scrutiny, strict scrutiny)
proposed reforms of the Electoral College
1. District Plan 2. Proportional Plan 3. Direct Popular Election 4. National Bonus Plan
Legislative Process
1. First, a Representative sponsors a bill. 2. The bill is then assigned to a committee for study. 3. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. 4. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. 5. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. 6. If the Senate makes changes, the bill must return to the House for concurrence. 7. The resulting bill returns to the House and Senate for final approval. 8. The President then has 10 days to veto the final bill or sign it into law.
two achievements U.S. courts pride themselves on
1. They protect the sanctity of the US Constitution from breaches by the other branches of government 2. They protect individual rights against societal and government oppression
the president's two main roles
1. head of state 2. head of government
opinions (three types)
1. majority opinion 2. concurring opinion 3. dissenting opinion
selection of a Cabinet
15 members
Dawes Act
1887 law that distributed reservation land to individual Native American owners
history of the ERA
1923 proposed, 1972 passed by congress, Not ratified by states fell 3 short, because women's protection from draft would be denied
Buck v. Bell
1927 supreme court decision that upheld a state eugenics law. The law had allowed for sterilization of the "unfit" (medical procedure to prevent the mentally retarded from having children)
Korematsu v. US
1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 2 each survivor
Griswold v. CT
1965 First time the Court recognized right to marital privacy. Connecticut law prohibiting access to birth control information and use of contraceptives overturned.
Miranda v. AZ
1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
American Indian Religious Freedom Act
1978 U.S. law to guarantee freedom of religious practice for Native Americans
protection against self-incrimination
5th amendment
one certainty about the overall look of the federal court system
9 justices, includes many administrators, lawyers, and assistants
Members of the Supreme Court
9; John G. Roberts Clarence Thomas Ruth Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan Neil Gorsuch Brett Kavanaugh
viability
?Ability of the fetus to survive outside the womb
how many bills become laws (related to this, what is the most important lesson about the legislative process?)
?After passed in Congress and goes to President, 10% or 4% become laws, Have to go through House of Senate,
courts of original jurisdiction and appellate courts
?COJ- where crime happens/ appellate- court of appeals
negative significance of City of Boerne v. Flores for LGBT rights
?Congress had the right to enact strong "remedial and preventive measures" to correct "widespread and persisting racial discrimination" in the United States
Checks on the Supreme Court
?Constitutional Amendment, Congress can make new laws, non-implementation (Court does not have the power to implement their decisions)
the difference between the two jobs and the different levels of success presidents usually have with the two jobs
?Domestic Policy •FDR: tired a lot of different things after the Great Depression, got a lot passed by congress •LBJ: had majority in congress, survived assassination, passed a lot of civil rights stuff and took on the war on poverty •Reagan: dealt with inflation, also survived an assassination, he had the majority in house •George W Bush: was able to get 2 major tax cuts passed, homeland security, drug benefits, was dealing with bad economy and 911
Current House Leaders (names of the positions and who holds them) and their powers
?Speaker of the house- 2nd most important figure in Washington (Paul Ryan) •Appoint 9/13 members of rules committee, assigns bills to committees Majority Whip- gets everyone in the house in line (Steve Scalise) •Get all members of party aligned and vote the way they should Minority Leader- lead of the minority power (Nancy Pelosi) •Spokesperson of party
the right to privacy (based on amendments)
?The right to a private personal life free from the intrusion of government.
expanded power of the party leadership
?Theodore Roosevelt -Roosevelt worked closely with Congress, sending it messages defining his legislative powers. He also took the lead in developing the international power of the United States.
10th amendment -what do they mean that this amendment focuses on power rather than rights?
?any power that is not given to the federal government is given to the people or the states
application of the modern filibuster
?any use of procedural rules to block or delay legislative action. The term usually refers to extended debate of a bill carried on by one or more senators.
evolved powers
?chief of party, voice of the people, protector of the peace, manager of prosperity, world leader
first 100 days
?first hundred days in the first term of a President of the United States. It may refer to: First 100 days of Franklin D. Roosevelt's presidency.
growth of the presidency
?saw growth in executive branch
doctrines of state action and separate but equal
?state action- if state makes law, private businesses don't have to follow
2014 Supreme Court decision on recess appointments
?the Court unanimously ruled that the President of the United States cannot use his or her authority under the Recess Appointment Clause of the United States Constitution to appoint public officials unless the United States Senate is in recess and not able to transact Senate business
disenfranchisement (and ways it was done)
?the removal of the rights of citizenship through economic, political, or legal means
8th amendment -most controversial part of the amendment?
?ways the death penalty has been limited by Supreme Court decisions
Shelley v. Kraemer
A 1948 Supreme Court decision that outlawed restrictive covenants on the occupancy of housing developments by African Americans, Asian Americans, and other minorities. Because the Court decision did not actually prohibit racial discrimination in housing, unfair practices against minority groups continued until passage of the Fair Housing Act in 1968.
Indian Gaming Regulatory Act
A U.S. federal law (1988) providing a legal basis for the operation and regulation of games to protect tribal revenue, encourage tribal economic development and protect the tribal economics from negative influences.
Plessy vs. Ferguson
A case in which the Supreme Court ruled that segregated, "separate but equal" public accommodations for blacks and whites did not violate the 14th amendment. This ruling made segregation legal. The conclusion was that segregation was constitutional as long as it was separate but equal.
Circuit Courts of Appeal
A case may be appealed to successively higher state or federal appellate courts until it reaches the United States Supreme Court. There are twelve federal courts of appeal, each covering a group of states called a "circuit."
Free exercise of religion clause
A clause in the First Amendment that prohibits government from taking actions to prevent people from adopting any type of religious beliefs or following religious practices that do not violate general, religiously neutral laws.
neutrality proclamation
A formal announcement issued by President George Washington on April 22, 1793, declaring the United States a neutral nation in the conflict between Great Britain and France.
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
civil service
A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.
spoils system
A system of public employment based on rewarding party loyalists and friends.
merit system
A system of public employment in which selection and promotion depend on demonstrated performance rather than political patronage.
double jeopardy
Being tried twice for the same crime
Engels v. Vitale
Board of Regents for the state of New York established a voluntary school prayer at the beginning of each day. Engel filed a petition with the court and said it was a violation of the established clause of the 1st amendment. SUPC agreed and said that regardless of the fact that it was nondenominational and voluntary, it was still an establishment of religion by the state of New York.It prohibited state-sponsored recitation of prayer in public schools by virtue of the establishment clause
Georgia and success in Birmingham-reasons
Bull Connor refused to leave the government, told MLK to bring protest to Birmingham and they would give him what he want, MLK got arrested and wrote letter from Birmingham jail about civil rights movement
BIA
Bureau of Indian Affairs. Established in 1836 to regulate the relationship between the U.S. and Native American tribes.
the budget (the process, CBO, continuing resolutions, sources of revenue, categories of spending)
CBO- congressional budget officer- looks at president's budget/biggest process for congress/ broken up into 12 bills/ continuing resolutions- passing resolution when congress hasn't completed budget on time/ Sources of revenue- gov. Sources of revenue (income tax 50%,social security taxes 33-34%, smaller taxes is the rest.)/ spending- non discretionary- 65% (ss, medicare, medicaid)- discretionary-35% (agriculture, military)
Cesar Chaves and UFW (United Farm Workers of America)
Cesar Chavez and the union sought recognition of the importance and dignity of all farm workers. It was the beginning of La Causa a cause that was supported by organized labor, religious groups, minorities, and students.
Fischer v. University of Texas
Civil Rights case: (2013) Similar to the Bakke case the court looked at affirmative action enrollment programs. The high court sent the case back to lower courts. The university will have to show that in its quest to promote diversity, the use of race was both necessary and, effectively, a last resort. (14th Amendment/ Equal Protection)
how does this differ from civil liberties?
Civil liberties limits on the things government can do to you, can be found in the Bill of Rights (1st 10 amendments) + 14th
Supreme Court
Consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes
Mapp v. Ohio
Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts
Bowers v. Hardwick
Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy. Bowers says he can banned homosexual sex.
Skowronek and political time
Presidential power is determined by the political circumstances, the president's power then ebbs and flows with time
DREAM Act
Development, Relief, and Education for Alien Minors
Curtis Act
Dissolved the Indian Territory and abolished tribal governments
courts' primary function
Make decisions, settle disputes
Indigenous civil rights -Elk v. Wilkins
Elk v. Wilkins, 112 U.S. 94, was a United States Supreme Court case respecting the citizenship status of Indians.
Kelo v. City of New London
Eminent domain case: Local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public.
Weeks v. US
Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court
paradox of Congress
Fenno's paradox is the belief that people generally disapprove of the United States Congress as a whole, but support the Congressmen from their own Congressional district.
Edith Wilson
First Lady who many historians believe ran the nation and acted as the President while her husband recovered from a stroke.
Betty Ford
First lady in 1974 and became an avid advocate of women's rights, proclaiming that she was pro-choice when it came to abortion and lobbying for the ratification of the Equal Rights Amendment (ERA).
FOIA
Freedom of Information Act, requires disclosure of all governmental information unless exempt under Act.
presidential transition
GSA, transition team, selection of a Cabinet, Clinton's E.G.G. strategy, selection of heads of other agencies, OMB
Samuel Kernell
Going Public (1986); constant campaign because of shift in presidential behavior to garner public approval to push legislation.
takings clause
Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.
the differences between House and Senate
House- 415 members proportional representation Senate- 100 members, equal representation, ability to filibuster (able to block legislation)
the 14th Amendment and its major clauses
If you are born or naturalized in the U.S. then you are a citizen of the U.S.
right to counsel
Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.
how persuasion is complicated by going public
It puts pressure on other groups to cooperate
failure in Albany
It was the desegregation movement involving the NAACP and SNCC. Activists in Albany, Georgia launch a massive attempt w/ boycotts and sit-ins. The police, however, protect the protesters and treat activists with civility. B/c there's no violent white reaction there, the protests fail to gain attention.
judicial activism vs. judicial restraint
Judicial restraint limits the powers of judges to strike down a law. As opposed to the progressiveness of judicial activism, judicial restraint opines that the courts should uphold all acts and laws of Congress and legislatures unless they oppose the United States Constitution.
Jim Crow laws
Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights -legalized segregation
Lloyd Gaines
Lloyd Gaines, an American, was denied admission to the law school at the all-white University of Missouri. Gaines was fully qualified for admission - except for his race. The State did not have a separate law school for African Americans. The Court held that the separate-but-equal doctrine left Missouri with only two choices: It could either admit Gaines to the States law school or establish a separate-but-equal school for him. The State gave in admitted Gaines.
Missouri ex rel. Gaines vs. Canada-circumstances of the case, what the Court found
Lloyd Gaines, an American, was denied admission to the law school at the all-white University of Missouri. Gaines was fully qualified for admission - except for his race. The State did not have a separate law school for African Americans. The Court held that the separate-but-equal doctrine left Missouri with only two choices: It could either admit Gaines to the States law school or establish a separate-but-equal school for him. The State gave in admitted Gaines.
Mendez v. Westminster
Made it illegal to segregate Mexican American children in California schools
most visible/least powerful member of the Cabinet
Most powerful: Vice President Least Powerful: ?Secretary of Homeland Security
Worcester v. GA
Native Americans were entitled to federal protection from the action of state government
executive memoranda
New version of executive orders, presidents write statements about how they would like to see things done
3rd Amendment
No quartering of soldiers
the process a case goes through in the Supreme Court
Oral argument (30 per side), brief by each side, adjourns and meet once a week -Goes through lower courts, must make request of court, last court, requires agreement of 4 justices
The Presidency: original design and changes made by the 12th Amendment
Original Design was that the president be a single person, elected for a single term of seven years by the legislature, empowered to veto legislation, and subject to impeachment and removal by the legislature. He was elected by the electoral college. Each elector cast two ballots, and the person who receives a majority won the election. The second-place finisher became vice-president. Should no candidate receives a majority of the votes cast, the House of Representatives would select the president, with each state casting a single vote, while the senate chose the vice president
Executive Order 9066
President Franklin D. Roosevelt signed Executive Order 9066 that authorized the Army to evacuate any persons they considered a threat to national security. As a result, over 120,000 Japanese people were forced to relocate to one of ten different internment camps around the United States.
Actions of Polk
President Polk set the stage for the broad growth of presidential authority by purposely raising anxieties through his envoy in Mexico while the US and Mexico were arguing over Texas' southern border. He then responded to these raised tensions by sending US troops to the Rio Grande, and Mexico followed suite and the Mexican-American War began soon afterward
eminent domain
Power of a government to take private property for public use.
Great Compromise
Proposed a bicameral congress with members apportioned differently in each house. The upper house, the Senate, was to have two members from every state. The House of Representatives membership would be proportional to the population in each state.
courts' primary objective
Protect people and civil liberties
Wars declared by Congress
Revolutionary, Mexico, Spain, WWI, WWII
2nd Amendment
Right to bear arms
Montgomery Bus Boycott
Rosa Parks refused to give her seat to a white man. She was arrested and this resulted in the boycott of Montgomery buses for a year. The majority of the company's passengers were black so they lost 65% of their revenue.
DC v. Heller
Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes
what type of executive order is the most likely to be found illegal?
Something congress specifically previously stated that the president can't do Ex. truman trying to take gov control of steel mills during korean war
jurisdiction of state and federal courts
State- hear more day to day cases, 90% of all cases Federal- hear cases that involve federal question, involving constitution, federal laws, etc.
Obergefell v. Hodges
States obligated to recognize same-sex marriage from other states.
Arizona v. US
Struck down a state law that required local law enforcement officers to verify citizenship of all detained persons and authorized warrantless arrests based on probable cause.
Brown vs. Board of Education
Supreme Court overruled Plessy v. Ferguson (AKA overturned separate but equal), declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated "with all deliberate speed." Important because it abolished "separate but equal."
Establishment clause of 1st Amendent
The 1st amendment clause that says that "congress shall make no law respecting an establishment of religion" this law means that a wall of separation exists between church and state
civil rights of those with disabilities
The ADA is a civil rights law that prohibits discrimination based on disability. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.
amendments in the Bill of Rights and protections they offer
The Bill of Rights includes the first ten amendments. 1st - Protect Freedom of Religion, Speech, Petition, Press, and Assembly 2nd - You have the right to own guns 3rd - the government cannot force people to keep troops in their private homes 4th - Protection against Unreasonable Search and Seizure 5th - The Right to Remain Silent/Double Jeopardy, right to due process 6th - The right to a Speedy and public Trial by jury, representation by an attorney for an accused person 7th - The right to a trial by Jury in civil cases over $20.00 8th - Prohibits excessive fines and excessive bail/and cruel unusual punishment 9th - Rights not included in Constitution go to the people 10th - Powers not given to federal government go to people and States
Trail of Tears
The Cherokee Indians were forced to leave their lands. They traveled from North Carolina and Georgia through Tennessee, Kentucky, Illinois, Missouri, and Arkansas-more than 800 miles (1,287 km)-to the Indian Territory. More than 4, 00 Cherokees died of cold, disease, and lack of food during the 116-day journey.
Voting Rights Act of 1965 (how has it been changed by Shelby County v. Holder?)
The Voting Rights Act was passed in 1965 to ensure state and local governments do not pass laws or policies that deny American citizens the equal right to vote based on race. ... Shelby County appealed the ruling to the Supreme Court, and the Supreme Court agreed to take the case in November 2012
zone of privacy
The Warren Court asserted a constitutional right to privacy in Griswold v. Connecticut (1965), which overturned a state law prohibiting the use of contraceptives.
Lawrence v. Texas
The case of Lawrence v. Texas started in September of 1998 when two men—Tyron Garner and John Lawrence were arrested in Houston, Texas. The men were arrested because law enforcement agents found that they engaged in consensual sex with each other. Supreme Court's Ruling: In Lawrence v. Texas, the United States Supreme Court ruled that the "Homosexual Conduct Law" was indeed a violation of the 14th Amendment because it did not preach equality.
bully pulpit
a public office or position of authority that provides its occupant with an outstanding opportunity to speak out on any issue.
What committee does the House have that the Senate doesn't really have?
The houses main committee is the rules committee which the senate does not have -Appropriations- general oversight of budget -Ways and Means- oldest committee, deals with tax policy -House rules- only house has it, explains how bill will be debated, sets agenda
public administration
The implementation of public policy by government employees.
Education for All Act
The legislation strengthens foreign assistance toward the millions of children and youth out of school, and improves the quality of education for those already enrolled
district courts
The lowest level US federal court, operating within a federal judicial district within a state, where matters under federal jurisdiction are tried.
Barron v. Baltimore and Gitlow vs. New York
The most important difference between these two cases, was that in the first case the court ruled that if a state or a city violates a right protected by the federal Bill of Rights, then there is no penalty and nothing happens because it only applies to the national government, but in the second case it is the opposite.
Richard Neustadt
The power of the president is the power to persuade; three branches struggling for power; power of anticipated reactions if people fear consequences of going against president.
"Bully Pulpit"
The president's use of his prestige and visibility to guide or enthuse the American public.
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).
rally around the flag effect
The tendency for the public to back presidents in the event of foreign crises.
Chisholm v. Georgia -why is it important, why was it soon made irrelevant?
This case was the court's first case of significance and it said that federal court cases brought by a citizen of one state against a citizen of another state. But it was quickly appealed by the 11th amendment. This was important because it was an early hint that Congress had the power to change the jurisdiction of the courts as it saw fit and stood ready to use it.
privatization (definition, examples)
To change from government or public ownership or control to private ownership or control.
de jure segregation v. de facto segregation
Two forms of segregation: segregation by law and segregation in practice, as through residential patterns. In the mid-1960s, the Civil Rights Movement evolved from the first of these to the second as laws were being passed for black rights.
Lawrence v. TX
Unconstitutional to prohibit same sex conduct
Asian American civil rights -Chinese Exclusion Act
United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers.
three models of bureaucracy
Weberian Model; Acquisitive Model; Monopolistic Model
Griswold v. Connecticut
a case that struck down a state law forbidding even married individuals to use any form of contraception. Christmas vacation says NO to condoms.
times habeas corpus has been suspended (with permission of the Court), cases involved
a court order demanding that an individual in custody be brought into court and shown the cause for detention Ex: happened during civil war by Abe
conference
a formal meeting for discussion
cabinet
a group of advisors to the president, consisting of the most senior appointed officers of the executive branch who head the fifteen executive departments
Louisiana Purchase (how did Jefferson justify this unconstitutional act?)
a land deal between the United States and France, in which the U.S. acquired approximately 827,000 square miles of land west of the Mississippi River for $15 million.
Loving vs. Virginia
a landmark civil rights decision of the United States Supreme Court, which invalidated laws prohibiting interracial marriage.
bureaucracy definition
a large, complex administrative structure that handles the everyday business of an organization
criminal law
a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions
search warrants
a legal document authorizing a police officer or other official to enter and search premises.
symbolic speech
a legal term in the US used to describe actions that purposefully convey a particular message or statement to those viewing it
undeclared wars
a military conflict between two or more nations without either side issuing a formal declaration of war
civil law
a non-criminal law defining private rights and remedies
line-item veto
a power created through law in 1996 and overturned by the Supreme Court in 1998 that allowed the president to veto specific aspects of bills passed by congress while signing into law what remained
recess appointments
a presidential appointment made without senate confirmation while the senate is in recess
Parkinson's Law
all of the money they get will be spent and all the time allotted will be used. This is because they do not feel the need to do something ahead of schedule or under budget. They do this purposefully so they won't face a budget cut the next year.
Hate Crimes Prevention Act
an American Act of Congress, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647)
Eleanor Roosevelt
an active role in championing civil rights, becoming in some ways a bridge between her husband and the civil rights movement.
parliamentarian
an advisor typically a trained lawyer who has studied the long and complex rules of the chamber, congress typically follows their advice but not obligated to
prior restraint and cases which limit it
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship in the united states, the courts forbid prior restraint except under the most extraordinary circumstances
representation
an elected leaders' looking out for his or her constituents while carrying out the duties of the office
King Caucus
an informal meeting held in the nineteenth century, sometimes called a congressional caucus, made up of legislators in the Congress who met to decide on presidential nominees for their respective parties
glass ceiling
an invisible limit on women's climb up the occupational ladder
writ of certiorari
an order of the supreme court calling up the records of the lower court so a case may be reviewed
"All politics is local"
attributed to former speaker of the House Tip O'Neill (DMA), essentially means that the most important motivations directing voters are rooted in local concerns
Indian Self-Determination and Education Assistance Act
authorized the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes
types of bureaucratic organizations
cabinet departments, independent agencies, regulatory agencies, government corporations
Sweatt vs. Painter
case that said "separate but equal" formula generally unacceptable in professional schools.
McLaurin vs. Oklahoma
case which ruled that Oklahoma State university violated the constitution by keeping its one negro student in the back of the class and the cafeteria
Johnson vs. Texas
claimed that the man's expression of burning the flag is protected and legal according to the United States Constitution. Johnson won the case because of the rights and liberties granted by the 1st Amendment to the United States Constitution.
adversarial system of justice
come from the common law tradition: in a case, it is one party versus the other, and it is up to an impartial person or group, such as the judge or jury, to determine which party prevails
committees (what they do/why Congress relies on committees)
committees is where most things go down in congress, they specialize in certain areas of policy. It benefits legislatives. Without committees people would have to know everything
omnibus bills
complex, highly detailed legislative proposals covering one or more subjects or programs
Marbury v. Madison, judicial review, how the decision has a "dual nature"
decided by John Marshall (supreme court justice), Marshall created judicial review because of this case. Marshall did agree with either one of them.
symbolic speech (also known as speech plus)
describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Ex: flag burning or the KKK's burning crosses
African-American civil rights: the post-Civil War amendments
did not have any because they weren't considered citizens
Actions of Lincoln
didn't agree with the actions taken by Polk but then used Presidential war powers and the concepts of military necessity and national security to undermine confederate effort to seek independence for the southern states. He blurred the boundaries between acceptable dissent and unacceptable disloyalty by suspending the privilege of the writ of habeas corpus. He also used a unilateral proclamation to issue the Emancipation Proclamation.
majority-minority districts
districts within states where African Americans become the majority and gain electoral power to send representatives to Congress
5th Amendment -right to a grand jury (limits on this, why it doesn't apply to states)
double jeopardy, protection against self-incrimination, Miranda v. AZ, due process clause (of 5th and 14th amendment's), takings clause, eminent domain, Kelo v. City of New London
rise of the primary system
elections in which candidates vied for the support of state delegations to the party's nominating convention, the majority of the delegates now are chosen through primary elections
civil servants (bureaucrats)
employees of bureaucratic agencies within the government
Lau v. Nichols
equal vs. equitable treatment for LEP students. Supreme Court ruled that schools were to provide LEP students with support to learn English and content
McCulloch vs. Maryland
establish superiority between state and federal government; had to do with banks. Decided by John Marshall, said Federal is superior to State, therefore it created the standard that the Supreme Court has final say over state court. Second most important case.
Clinton's E.G.G. strategy
ethnicity, gender ,geography
redistricting
every 10 years the boundaries of legislative districts are redrawn as needed to maintain similar numbers of voters in each while maintaining a total number of 435 districts
Hispanic civil rights -Jones Act
federal law that regulates maritime commerce in the United States. The Jones Act requires goods shipped between U.S. ports to be transported on ships that are built, owned and operated by United States citizens or permanent residents. It is also known as The Merchant Marine Act of 1920
pork-barrel politics
federal spending intended to benefit a particular district or set of constituents
Ways and Means Committee
focuses on taxes, first committee
McDonald v. Chicago
found that the right of an individual to "keep and bear arms"
Budget and Accounting Act of 1921
gave the president authority to prepare an annual budget and submit it to Congress for approval
inefficiency of bureaucracies
government agencies inside the federal executive branch, at city and country level, major complaint is that it is inefficient because they are large and rule heavy, they were purposely inefficient
Free exercise clause of 1st Amendment
government cannot prohibit free exercise of religion
affirmative action (esp. in higher education -Bakke case, Grutter case, Fisher v. Texas)
government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities
due process clause (of 5th and 14th amendments)
guarantees that persons cant be deprived of life, liberty or property by the federal government without due process of law
Appropriations Committee
has control of the general oversight of budget, most important things congress does is make budget
veto power
has the power to veto a bill, but the veto can be overridden
FDR's court-packing plan
he tried to get a bill passed through congress that would have reorganized the judiciary and enabled him to appoint up to six additional judges to high court
tabling
if the committee decides not to advance a bill they table, which typically means the bill is dead;however, there is still the option to bring ti to vote again
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
high public and political profile of the First Lady
in the future the president's spouse will have the opportunity to use that unelected position to advance policies that might well be less controversial and more appealing than those pushed by the president
Lady Bird Johnson
in the mid- and late 1960s endorsed an effort to beautify public spaces and highways in the United States.
when/why a building for the Supreme Court was built
it created that the government had a way to correctly interpret the constitution
the Bill of Rights
it established the basis of civil liberties for Americans
Establishment Clause
it not only forbids the creation of a "Church of the United States" or "Church of Ohio" it also forbids the government from favoring one set of religious beliefs over others or favoring religion (of any variety) over non-religion. Thus, the government cannot promote, say, Islamic beliefs over Sikh beliefs or belief in God over atheism or agnosticism
Stanton and Anthony
led the campaign for equal voting, legal, and property rights -women's rights
logrolling
legislator supports a proposal favored by another in return for support in his or hers, favor trade between members of congress, I'll support your bill if your support mine
the docket
list of cases pending on a court's calendar
filibusters
no limit on how long you can debate topic
President as a domestic policy maker
not given as much leeway, congress and the president have to work together, presidents get more done in domestic policy if their party is in charge of congress
GSA
overseas logistical process of transition
transition team
oversees transition of president
legislative process
parliamentarian, markup, tabling, cloture (People make tacos cold (P M T C)
executive orders
president made law, has the power by the constitution to implement the law, executive orders can be overridden by congress because it is not a power given to the president in the constitution
OMB
president's own budget department
7th Amendment-what does this amendment limit judges from doing?
prevents federal judges from overturning jury verdicts in certain ways.
libel
printed information about a person or organization that is not true and harms the reputation of the person or organization aka a LIE-BEL
multiple referrals
process occurring when party leaders give more than one committee responsibility for considering a bill
Title VII of the Civil Rights Act
prohibits discrimination in employment and created the Equal Employment Opportunity Commission
14th amendment equal protection clause
provision of the 14th amendment guaranteeing citizens "the equal protection of the laws", this clause has served as the basis for the civil rights of African Americans, women, and other groups
Hamilton's comments about the key role of courts and why they are the least dangerous branch
questioned the size of court, want competent people that can properly interpret the law
probably clause
reasonable cause for issuing a search warrant or making an arrest; more than suspicion
Dred Scott v. Sanford
ruled (7-2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States. When a slave, had been taken to Illinois, a free state, and then Wisconsin territory, where the Missouri Compromise of 1820 prohibited slavery.
US vs. Belmont
said that executive agreements were constitutional
4th amendment -difference between search and seizure
search = invasion of privacy seizure = the deprivation of liberty, or the enjoyment in exercising dominion or control over a thing, be it property or person
Voting Rights Act of 1965
signed into law by President Lyndon Johnson (1908-73) on August 6, 1965, aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote under the 15th Amendment (1870) to the Constitution of the United States.
US vs. Curtiss-Wright
sold weapons to countries at war with each other, banned it (us manufacturers)
6th Amendment
speedy trial, plea bargain, right to counsel, Gideon v. Wainwright
James Monroe
stated the idea of signing statements, did this so they can get their ideas on record and state what they think is wrong/ Monroe Doctine
right to privacy
the fourth amendment to the constitution guarantees the right to be free from unreasonable searches and seizures, and is often argued as protecting our right to privacy.
incumbency effect/advantage
the historical difficulty of unseating an incumbent in the House or Senate
selective incorporation and the 14th Amendment
the incorporation doctrine is a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
Solicitor General
the lawyer to represents the federal government and argues some cases before the Supreme court
coveture
the legal status of a married woman, considered to be under her husband's protection and authority.
Gerrymandering
the manipulation of legislative district boundaries as a way of favoring a particular candidate
Marbury vs. Madison
the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution, used Writ of Mandamus
common law system
the pattern of law developed by judges through case decisions largely based on precedent
bicameralism
the political process that results from dividing a legislature into two separate assemblies
judicial review
the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional •Marbury vs. Madison was first case to use judicial review
enumerated powers
the powers given explicitly to the federal government by the constitution to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs
inherent powers
the powers neither enumerated or implied but assumed to exist as a direct result of the country's existence
President as a foreign policy maker
the president has more power/influence in in foreign then domestic, congress has willingly let the president be in charge, having 1 decision maker, its one of the president's main jobs. He is in charge of national security, he tries to watch out for nuclear weapons and is in charge of the arms policy. Also promotes US economic interest and is in charge of crisis management. Does not need the support of congress to get things done in foreign policy
executive privilege
the president's right to withhold information from Congress, the judiciary, or the public
Stare decisis
the principle by which courts rely on past decisions and their precedents when making decisions in new cases
Precedent
the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system
cloture
the procedure to end a filibuster; ending a debate and taking a vote
apportionment
the process by which seats in the HoR are distributed among the fifty states
establishment clause
the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion
free exercise clause
the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices
collective representation
the relationship between congress and the United States as a whole, and whether institution itself represents the American people
oversight
the right to review and monitor other bodies such as the executive branch
how do they define civil rights
the rights to be free from unequal treatment
freedom of expression
the rights, guaranteed by the First Amendment to the United States Constitution, to engage in freedom of speech, freedom of association, freedom of the press, and freedom of religion.
eugenics
the science of improving a human population by controlled breeding to increase the occurrence of desirable heritable characteristics
role of law clerks at the Court
they review cases, prepare the justices for oral argument, research and draft judicial opinions
"Going Public"
when the President uses public opinion to persuade the Congress to follow his programs.
Civil Rights Act of 1964
this act outlawed segregation in public areas and granted the federal government power to fight black disfranchisement. The act also created the Equal Employment Opportunity Commission (EEOC) to prevent discrimination in the workplace.
executive agreements
treaties without going through formal instructions, the president makes them with other countries without congress's approval
constituency service
try to have as much contact with local voters as possible, help voters with problems so they gain local supporters Ex: going to your congressmen ,and asking for help on an issue and he will help you because he wants your support.
abortion law -differences between Roe v. Wade and Planned Parenthood v. Casey
under Roe the state could not regulate abortions in the first trimester whereas under Planned Parenthood v. Casey the state can regulate abortions at any point prior to fetal viability (when a fetus is able to live outside of the mother's womb)...
the Miller test
used for deciding whether something is obscene
Rules Committee
very important, set rules for how a bill will be debated on the floor, puts time on it, decides if an amendment is being made; committee in the House
LGBT civil rights -"don't ask, don't tell"
was the official United States policy on military service by gays, bisexuals, and lesbians, instituted by the Clinton Administration on February 28, 1994, when Department of Defense Directive 1304.26 issued on December 21, 1993, took effect, lasting until September 20, 2011
the symbolic and actual importance of the budget
we are a country and have to have a budget for spending/ symbolic- reflection of the people
signing statements
what presidents do when they want something to go into effect, in the constitution the president has the right to veto but everytime he does this he has to write a statement explaining why they vetoed
the qualifications for becoming president (both constitutional and in practice)
•35 years old •natural born citizen •14 years of residency in US •Psychological drive
War Powers Act
•AKA wars power resolution, put timelines into place on when things need to happen, congress attempted to gain foreign policy power, doesn't work very well, president can do anything with war, Vietnam was first war in media, passed Act to require agenda in attempt to restrict president's ability to control military •Law passed in 1973 which allows Congress to limit the president's use of military forces. It states that the president must tell Congress within 48 hours if he sends armed forces anywhere, and Congress must give approval for them to stay there more than 90 days
benefits and drawbacks of a dual court system
•Advantages: can deal with different things •Disadvantage: they overlap each other a lot, sometimes overrule each
original and appellate jurisdiction
•Appellate- courts of appeal, where people go when they don't get the answer they want •Original jurisdiction- trials where cases start
difference between civil liberties and civil rights
•Civil rights = the rights to be free from unequal treatment •Civil liberties = limits on the things government can do to you, can be found in the Bill of Rights (1st 10 amendments) + 14th
examples of presidential success in domestic policy
•FDR: tried a lot of different things after the Great Depression, got a lot passed by congress •LBJ: had majority in congress, survived assassination, passed a lot of civil rights stuff and took on the war on poverty •Reagan: dealt with inflation, also survived an assassination, he had the majority in house •George W Bush: was able to get 2 major tax cuts passed, homeland security, drug benefits, was dealing with bad economy and 911
mandatory vs. discretionary spending
•Mandatory -a budgeted amount of money that must be set aside for certain programs or initiatives set forth by the government •Discretionary- government spending implemented through an appropriations bill
the jobs, or expectations we have for the president as foreign policy leader
•President determines foreign policy •National security •Avoid weapons of mass destruction •Promote us economic interest •Crisis manager •Promote Democracy and Human Rights •Presidents act independently when it comes to foreign policy
Current Senate Leaders (names of the positions and who holds them) and their powers
•President of the Senate- VP of US (Pence) cast votes when there is a tie, read the results of the electoral college •President Pro tempore- oldest member in Senate (Orrin Hatch) •Majority leader- leader of the majority party, ranks matters in the house, sets agenda, spokesperson for the party and senate (Mitch McConnell)
examples of presidential indifference to Congress in foreign policy
•Presidents will sometimes ask for the approval of Congress (like with Bush and the war on Iraq and Truman with the Korean War) but in reality presidents act as they see fit; we have been at war over 200 times but only 5 have been declared (WWI, WWII, War of 1812, Spanish American War, Mexican American War) •Great White Fleet: Roosevelt oversaw a massive expansion of the Navy; he proposed that we send the ships fleet from the East Coast to the West Coast to protect them from Japan by sending them around theworld so the whole world could see our Navy; There was great resistance from Congress and he practically dared Congress to stop him but they had no power to •Cuban Missile Crisis
"the executive budget"
•This act gave the president the advantage in the budget process by creating the first-ever budget staff at the disposal of a president, at the time called the Bureau of the Budget but decades later renamed the Office of Management and Budget. With this act, Congress willingly delegated significant authority to the executive and made the president the chief budget agenda setter. •Gave the president the power to budget
informal (evolved) powers
•ability to use the media •intelligence network (access to info) •huge foreign policy •executive orders •presidential signing statements •Using media to influence politics
Corwin's presidential "hats"
•administrative hat •chief executive hat •foreign relations hat •commander in chief •legislative leader •political hat -All Children From Columbia Like Pasta (A C F C L P)
formal powers
•enforce the law •the veto •appoint foreign ambassadors •state of the union •appoint judges •Head of executive branch •Call congress into special session •Recess appointment •State of Union Address
features of modern legislation
•omnibus bills •expanded power of the party leadership •application of the modern filibuster •multiple referrals: when entire bills or portions of those bills are referred to more than one committee
