U.S. Govt Final Part 2
What is an executive agreement?
An agreement between the president and another country that has the force of a treaty but does not require the Senate's "advise and consent" EX: American involvement in Vietnam
What is a congressional caucus?
An association of members of Congress based on party, interest, or social characteristics such as gender or race
What is prior restraint?
An effort by a government agency to block the publication of material it deems libelous or harmful in some other way: censorship. In the U.S, the courts forbid prior restraint except under the most extraordinary circumstances
What is casework?
An effort by members of Congress to gain the support and trust of constituents by providing personal services. One important type of casework consists of helping constituents obtain favorable treatment from the federal bureaucracy.
What do opponents of a bill usually prefer?
An open rule
What is slander?
An oral statement made in reckless disregard of the truth. Like libel, but oral
What did U.S vs. Wong Kim say? (1898)
Anyone born in the U.S was entitled to full citizenship
What event ended massive resistance?
Arkansas Governor Orval Faubus mobilized the Arkansas National Guard to block black students from attending a Little Rock High school. A 3 week standoff between him and Eisenhower led to him deploying U.S troops and placing the city under martial law. Faubus responded by closing all of the high schools, and the Supreme Court ended it by re opening the schools again. This event also confirmed national supremacy
Where are the powers of Congress stated?
Article 1, Section 8
How does the 1st Amendment treat the freedoms of assembly and petition?
As equal to freedoms of religion and political speech
Once given the floor, how long can a senator speak for?
As long as he wishes unless a super majority votes end the debate.
What does the equal protection clause create a foundation for?
Asserting equal civil rights for all persons. It has become the basis for the expansion of civil rights to many groups in American society
What was the big issue the 14th Amendment was having?
Barron vs. Baltimore and the Court's unwillingness to nationalize civil liberties- that is to interpret civil liberties as not only restricting jurisdictions of federal governments but also the states
What must legislators do in addition to representing others?
Be representative of others. This allows women members and representatives drawn from minority groups to serve and draw support from those with whom they share an identity
Why do incumbents engage in pork barrel activities?
Because it furthers their electoral objectives. They succeed to the degree that they are able to join with fellow legislators in exchanging support for one another's projects.
Why did many Asian Americans and Latino organizations oppose the Immigration Reform and Control Act of 1986?
Because it imposes sanctions on employers who hire undocumented workers. They feared these sanctions would lead employers to discriminate against Latinos and Asian Americans
Why did attitudes about women's rights begin to change after the Civil War?
Because of practical problems of maintaining property, inheritance, and settlement in new states and territories
Why is who has civil rights a contention?
Because those who have civil rights are asked to extend those rights to those who do not
What happened in 1808?
The Constitution banned the importation of slaves, but permitted the practice of slavery to continue
What happened in Gomillion vs Lightfoot(1961)?
The Court ruled that state and local governments could not draw the boundaries of election districts as to discriminate against blacks
What happened in Missouri vs. Jenkins?
The Court signaled to the lower courts that they should "disengage from desegregation efforts"
What happened in Patsone vs Pennslyvania?
The Court struck down limits on non citizens' abilities to develop natural resources
What happened after 1939?
The Court was loath to nationalize civil liberties beyond the 1st Amendment. The Court took an extreme turn back towards Barron vs. Baltimore
What had happened by 1918?
All of the western states and territories plus Michigan and New York had granted women full suffrage
Many forms of speech are protected
Almost absolutely
Which 2 groups helped to stem discrimination against Mexican Americans after WW2?
American GI Forum and League of United Latin American Citizens
What happened in the Miranda case?
The Court's ruling required that arrested persons be informed of the rights to remain silent and have counsel present during interrogation
What has helped the legal strategy?
The Mexican American Legal Defense and Education Fund
The House and Senate play different
roles in the legislative process. They are organized in very different ways, reflecting not only their differences in size but also their differences in electoral rhythm, constituencies, and roles.
How many votes does each legislator have on any issue coming before the body?
1
How many House members are there per state?
1 per 630,000 residents
What are delegates?
A representative who votes according to the preferences of his or her constituency
What are the two tracks of Latino political strategy in recent years?
1. A traditional ethnic-group path of voter registration and voting along ethnic lines, because Hispanic voter registration typically lags far behind the rates at which whites and blacks are registered to vote. 2. A legal strategy using the various civil rights laws designed to ensure fair access to the political system
In the course of American history, what principles have emerged to answer who enjoys civil rights and how much?
1. Civil rights ought to be universal 2. Civil rights should be equal, everyone enjoys an equal civil right
What is median voter theorem?
1. If the alternatives under consideration can be represented as points on a line 2. If individuals have a most preferred point 3. if their preferences decrease steadily for points farther away, then the most preferred point of the median voter can defeat any other point in a majority contest
In what 3 ways was segregation not completely solved by Brown vs Board of Education?
1. Most states refused to cooperate until sued and many schemes were created to delay obedience (such as paying the tuition of white students to attend newly created "private" schools 2. Even as southern school boards began to cooperate by eliminating their legally enforced de jury segregation, de facto segregation remained in the North and South such as racially segregated housing 3. Discrimination in employment, public accommodations, juries, voting, and other areas of social and economic activity was not directly touched by the case
What are the 3 factors related to the American electoral system that affect who gets elected and what she does once in office?
1. The first set of issues concerns who decides to run for office and which candidates have an edge over others. 2. The second issue is the advantage incumbents have in winning re election. 3. The way congressional district lines are drawn can greatly affect the outcome of an election
What were the 2 aspects in which the Brown decision altered the constitutional framework?
1. The states would no longer have the power to use race as a criterion of discrimination in law 2. The national government would from then on have the constitutional basis for extending its power to intervene with strict regulatory policies against the discriminatory actions of state or local governments, school boards, employers, and many others in the private sector
What is a trustee?
A representative who votes based on what he or she thinks is best for his or her constituency
What are the 3 factors affecting representation style?
1. Who runs? self selection 2. Incumbency advantage 3. District lines
How many members does the Senate have?
100
When were the major periods of incorporation?
1930's to 1960's
When was the second wave of incorporation?
1961 to 1969, during regulated federalism
What can override a presidential veto?
2/3 vote in both the House and Senate
What do caucuses seek to do?
Advance the interests of the groups they represent by promoting legislation, encouraging Congress to hold hearings, and pressing administrative agencies for favorable treatment
How old must you be to serve in the House?
25
How old must you be to serve in the Senate?
30
How old must you be to run for president?
35
How many districts does Texas have for the House?
36
How many members does the House have?
435
How many states were free states?
5 of the 13
What is a money bill?
A bill concerned solely with taxation or government spending. They were required to originate in the House
In the House, who controls virtually all of the time allotted by the Rules Committee for debate on a given bill?
A bill's sponsor and its leading opponent
What does a proposal made to the committee by the chair ultimately secure the support of?
A committee majority. In this setting the question is over whose vote is necessary and sufficient for a motion to pass.
What is the whip system?
A communications network in each house of Congress. Whips poll the membership to learn their intentions on specific legislative issues and assist the majority and minority leaders in various tasks
If the differences can't be worked out by passing the revised version back to the other chamber and having it accept any changes,
A conference committee composed of the senior members of the committees or subcommittees that initiated the bills may be required to iron out the differences
What did the Supreme Court rule in Dred Scott vs. Stanford?
A former slave was not a citizen under Missouri law, could not bring suit in court, and was merely his master's personal property. The Court also said that slavery could not be excluded from the territories
What is a conference committee?
A joint committee created to work out a compromise for House and Senate versions of a piece of legislation.
What is grand jury?
A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence
What type of rights did the Bill of Rights create?
A large number of legal rights
What is a bicameral legislature?
A legislative assembly composed of 2 chambers, or houses
What is logrolling?
A legislative practice wherein reciprocal agreements are made between legislators, usually in voting for or against a bill. In contrast to bargaining, logrolling unites parties that have nothing in common but their desire to exchange support.
What is a party caucus or party conference?
A normally closed meeting of a political or legislative group to select candidates or leaders, plan strategy, or make decisions regarding legislative matters
What is a standing committee?
A permanent legislative committee that considers legislation within its designated subject area; the basic unit of deliberation in the House and Senate
What is one of the most important factors determining who runs for office?
A person's ambition
What did Congress begin as?
A relatively unspecified assembly with each legislator participating equally in every step of the legislative process in all realms of policy. It eventually began employing a system if specialists-the committee system
When was search and seizure (4th Amendment) applicable to the states?
Mapp vs Ohio
What are most of the civil rights we enjoy today?
A result of legislation, litigation, and administration that took place after the country was founded. They were not specifically stated in the Constitution and were left to Congress and the states to determine
What is a party vote?
A roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party. Party votes are less common today than they were in the 19th century.
What is a cloture?
A rule allowing a supermajority of the members of a legislative body to set a time limit on debate over a given bill.
What was the Lemon Test?
A rule articulated in Lemon vs. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to excessive entanglement in religion, and neither promotes nor inhibits the practice of religion
What does the congressional committee system consist of?
A set of standing committees, each with its own jurisdiction, membership, and authority to act.
What did the 14th Amendment provide for?
A single national definition of citizenship, meaning that civil liberties should not vary much from state to state
What type of rights does the Constitution set forth?
A small number of Civil Rights
Why are U.S representatives from small states much more likely to run for statewide office than members of Congress from large states?
A state level representative or senator who is considering a run for U.S Congress is more likely to asses her prospects favorably if the state district largely coincides with the congressional district. A representative in a small state is more likely to have his congressional district cover a large portion of the state
For a bill to be taken up by the full committee, what must it usually first clear?
A subcommittee EX: For a bill on wheat to be taken up by the full Agriculture Committee, it first has to clear the subcommittee on General Farm Commodities
What happened in Lau vs. Nichols?
A suit filed on behalf of Chinese students in SF that school districts have to provide education for students whose English is limited. It established a duty to provide instruction that students could understand
What is a filibuster?
A tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. Once given the floor, senators have unlimited time to speak, and it requires a cloture vote of 3/5 of the Senate to end a filibuster. On a number of occasions senators have used this tactic to prevent action on legislation they opposed.
What does the franking privilege provide incumbents with?
A valuable resource for publicizing their activities and making themselves visible to voters.
What does patronage refer to?
A variety of direct services and benefits that members provide for their districts
What is a pocket veto?
A veto that is effected when Congress adjourns during the time a president has to approve a bill and the president takes no action on it
What do the senators from each party elect?
A whip
What does the what of civil rights cover?
A wide range of fundamental rights
What is libel?
A written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is malicious, scandalous, and defamatory
What are the standing committees of the House divided into?
About 100 even more specialized subcommittees. These subcommittees serve their full committees in precisely the same manner as the full committees serve the parent chamber. Thus, in their narrow jurisdictions, they have gatekeeping, proposal, inter chamber bargaining, and oversight powers
Those who argue that the government can provide assistance to religious institutions so long as it shows no favoritism take a
Accomodationist position
When a bill comes out of conference what happens?
Before it can be sent to the president for signing, the House-Senate conference report must be approved on the floor of each chamber. It must be voted up or down; no amendments are in order. A bill's opponents use the report as one last opportunity to defeat a piece of legislation.
Which case dealt with double jeopardy?
Benton vs. Maryland
How does the whip system work?
Between 12 and 20 assistant and regional whips are selected by geographic zones to operate at the direction of the majority or minority leader and the whip. They take polls of all members to learn their intentions on specific bills. This information enables the leaders to know if they have enough support to allow a vote and whether the vote is so close that they need to put pressure on a few sing votes. Leaders also use the whip system to convey their wishes and plans to the members, but only in very close votes do they exert pressure on a member. In those instances, the Speaker or a lieutenant will go to a few party members who have indicated they will switch if their votes are essential.
Which group suffered the greatest restrictions of civil rights at the time of the Constitution?
Blacks
What are "whips"?
Both parties of Congress elect them. They line up party members on important votes and relay voting intentions to the party leaders.
What was the Equal Rights Amendment?
Building on these victories in the women's movement, women's rights activists proposed this, which said "equality of rights under the law shall not be denied or abridged by the U.S or any state on account of sex"
What happened in the 1896 case of Plessy vs. Ferguson?
Came up with "separate but equal" rule when accessing public accommodations
What is the term for constituency service?
Casework
What is well over a quarter of a representative's time of his or her staff members devoted to?
Casework
What are general qualities of the House?
Centralized, more rules, specialists
What type of rule do a bill's supporters generally prefer?
Closed
What do civil rights regulate?
Collective action by establishing important decision rules for the government's conduct
What do civil liberties limit?
Collective action by restricting the government's jurisdiction
Which states was Wyoming followed by?
Colorado in 1893 and Utah in 1895
What other issues did blacks run into?
Congress failed to enforce the 15th Amendment,and they had little hope of changing state law
What is a major problem with illegal immigration?
Congress has the power to deny public benefits to this group, but doing so would go against long-standing traditions in American culture. Some states have enacted their own laws aimed at identifying and deporting illegal immigrants within their borders
What do staff agencies make up?
Congressional Research Service, which performs research for legislators who wish to know the facts and competing arguments relevant to policy proposals or other legislative business. It also makes up the Government Accountability Office through which Congress can investigate the financial and administrative affairs of any government agency or program; and the Congressional Budget Office, which assesses the economic implications and likely costs of proposed federal programs.
What serves as a solution to Congress's collective action problems?
Congressional staffers, party leadership, and committees
What does a candidate's ability to raise money depend on?
Connections to other politicians, interest groups, and the national party organization.
What 3 things determine the kinds of legislation that Congress ultimately produces?
Constituency, interest groups, and party discipline
What is the most important everyday resource available to parties?
Control over access to the floor. With thousands of bills awaiting passage and most members clamoring for access to influence a bill r publicize themselves, floor time is precious
What established the exclusionary rule?
Mapp vs. Ohio
Who is the current speaker of the House?
John Boehner, Republican from Ohio
What are general qualities of the Senate?
De-centralized, few rules, generalists
What is procedural?
Dealing with how the government is supposed to act
What are the 2 styles of representation?
Delegate and trustee
What are most legislators a mix of?
Delegates and trustees
Which party controls the House for Texas?
Democrats
What did Barron vs. Baltimore revolve around?
Deprivation of property thought to be protected by the 5th Amendment
What happened to gender discrimination after the failure of the ERA?
Despite the failure of the ERA, the conservative Burger Court helped to establish gender discrimination as a major and highly visible civil rights issue.
What does the committee chair do?
Determines the committee's agenda and then coordinates the committee's staff, investiagtory resources, and subcommittee structure
How do legislators vote for outcomes?
Directly, but rather for instruments or policies whose effects produce outcomes
What was founded to press the Disabilities Movement's legal claims?
Disability Rights Education and Defense Fund
What are majority minority districts?
Districts that are created, usually by blacks and hispanics, with racial or ethnic minorities in the majority
What did Barron vs. Baltimore confirm?
Dual citizenship
What is a question that rises due to the 1st Amendment?
Due to the fact that it is the only amendment that explicitly places limits on the national government, do the remaining amendments place limits on state governments or only national governments
When was the first wave of selective incorporation?
During cooperative federalism
What is dual citizenship?
Each American was a citizen of the U.S and a separate citizen of the states
What has been the focus over some of the most important battles over civil rights?
Education
Which women leaders were present at the Seneca Falls Convention?
Elizabeth Cady Stanton, Lucretia Mott, Mary Ann McClintock, and the abolitionist leader Frederick Douglass.
What is an example of the relationship between procedural and substantive?
Even though the government has substantive power to declare certain acts to be crimes and to arrest people who violate its criminal laws, it may not do so except by fairly meticulous observance of procedures designed to protect the accused
How often does a census take place?
Every 10 years
What was frustrating about exclusionary rule?
Evidence that had been obtained against defendants that were guilty could not be used and many times they were able to go free because of it
What does the 8th Amendment do?
Excessive bail, fines and cruel and unusual punishment is prohibited
Out of the 8,000 bills submitted in the House, how many are actually acted on by a committee?
Fewer than 1,000
What do individual members of Congress do?
Form caucuses and conferences, choose leadership, and empower party leaders to influence the agenda and manage legislation
What is it extraordinarily difficult for a large, representative assembly to do?
Formulate, enact, and implement laws
What do staffers bear the responsibility for?
Formulating and drafting proposals, organizing hearings, dealing with administrative agencies, and negotiating with lobbyists.
What is another incumbency advantage?
Fund raising
What was sexual harassment a form of?
Gender discrimination
When was defense counsel (right to an attorney) (6th Amendment) applicable to the states?
Gideon vs. Wainwright
What does prior restraint prohibit?
Government agencies from trying to prevent publication of material by the press except under extraordinary circumstances
Who led the charge for massive resistance?
Governor Harry Byrd from Virginia
What happened in Griswold vs. Conneticut?
Griswold was arrested for providing information, instruction, and medical advice about contraception to married couples. She was found guilty and fined 100 bucks. The Supreme Court reversed the lower court's decisions and declared the Conneticut law unconstitutional because it violated a right to privacy
When it was adopted, what was the Bill of Rights seen as?
Guarantee of a private sphere of personal liberty free of governmental restrictions. It is a series of thou shall nots, restraints addressed to government limiting its jurisdiction
When was assembly applicable to the states
Hague vs. CIO 1939
When was religion applicable to the states?
Hamilton vs. Regents of UC
What do the tasks of staff members include?
Handling constituency requests, dealing with legislative details, and the activities of administrative agencies
What happened in Bowers vs Hardwick?
Hardwick was arrested for engaging in gay sex, which was against Georgia law. Hardwick filed a lawsuit against Georgia challenging the constitutionality of the law and won the case in the federal court of appeals.Georgia appealed to Supreme Court and won.
What was Hamilton's argument against the Bill of Rights?
He didn't think the government could abuse powers not given to it in the first place since it only had the delegated powers in the Constitution. He was also concerned that a bill of rights would weaken the new government before it had an opportunity to organize itself
What must a president do to veto a bill?
He returns it within 10 days to the house of Congress in which it originated, along with no objections to it.
Even though each legislator has just 1 vote on each issue in the full chamber,
He, can acquire extra influence in areas important to her constituents by serving on the right committees
What kind of institution are legislatures?
Highly egalitarian
What is an important factor limiting judicial discretion
History in the form of a precedent
What is incumbency?
Holding the political office for which one is running
For much of the 20th century, which chamber exhibited more intense partisanship and ideological division than the Senate?
House
Which chamber does the number of representatives depend on population?
House
Which chamber was considered closest to the people?
House
What do civil rights define?
How people are treated in employment, education, and other aspects of American society
What is another way of thinking of rights?
How the government must treat you
How does the impeachment process work?
If a majority of the House votes to impeach, the impeachment trial is held in the Senate, which acts like a trial jury by voting (by simple majority) whether to convict and forcibly remove the person from office. (this vote requires 2/3 majority)
What was John Marshall's argument?
If an agency of the national government had deprived Barron of his property, there would have been little doubt about Barron winning his case. But if the constitution of Maryland contained no such provision protecting citizens of Maryland from such action, then Barron had no legal leg to stand on against the state of Maryland
What are other examples of gerry mandering?
Illinois 4th and 7th (Chicago), Maryland 2nd and 3rd (Baltimore), North Carolina 12th (Winston Salem and Charolotte), Ohio 9th (Toledo and Cleveland), and Pennsylvania 7th (Philly)
What was Proposition 187?
In 1994, California voted in favor if it. It denied illegal immigrants all services except emergency medical care. Most of it was ruled unconstitutional
How is redrawing congressional districts a very political process?
In most states, districts are shaped to create an advantage for the majority party in the state legislature, which controls the redistricting process. In this complex process, those charged with drawing districts use sophisticated computer technologies to come up with the most favorable district boundaries.
What was the issue in Barron vs. Baltimore?
In paving its streets, the city of Baltimore had exposed of so much sand and gravel in the water near Barron's house that the value of his property was destroyed
When did Chinese immigrants begin arriving in the U.S?
In the 1850's during the California Gold Rush
How does party discipline affect congressional decisions?
In the House and Senate, party leaders have a good deal of influence over the behavior of their party members. They have the power for party votes and other power is contained in their organization and leadership in which today's leaders still have the power for committee assignments, access to the floor, the whip system, logrolling, and the presidency
How do regular citizens feel about the growing immigration population (300 K per yr)?
Many groups of voters now support drawing a sharper line between immigrants and citizens.
How is floor time controlled in both chambers?
In the Senate, the leadership allows ranking committee members to influence the allocation of floor time-who will speak for how long. In the House, the Speaker allocates large blocks of floor time.
In party voting, what must leaders contend with?
Individual ambition and the costs of delegation and monitoring compliance
What do representatives generally seek assignments that allow them to do?
Influence the decisions of special importance to their districts
Hate speech falls
Inside protections of the 1st Amendment
What does most rational analysis take behavior to be?
Instrumental and experimental
What are usually eager to contribute to PACs in order to gain favor with powerful members of Congress?
Interest groups. The leaders use the funds to support the various campaigns of their party's candidates and thereby create a sense of obligation and loyalty among those they help
Guarantee of a grand jury to criminally accused
Is not a right guaranteed at both federal and state levels
What did the 14th Amendment do?
It asserted the idea of civil rights much more broadly for all citizens of the U.S
What is incorporation?
It can be seen as an expansion of power and authority of the federal government and an erosion of the autonomy of individual states
What can committee assignments do?
It can create debts among members if leaders help them get on favorable committees
What can redistricting do?
It can create open seats and may pit incumbents of the same party against each other, ensuring that one of them will lose. It can also give an advantage to one party by clustering voters with some ideological or sociological characteristics in a single district or by separating those voters into two or more districts
What would happen to congress without its powers?
It could do very little to represent effectively the views and interests of its constituents
What does the House Rules Committee do?
It decides the order in which bills come up for a vote and determines the rules that govern the length of debate and opportunity for amendments.
What did the 14th Amendment do?
It defined citizenship.It said all people born in U.S are citizens of the country and the states they reside It sought to nationalize the Bill of Rights by nationalizing the definition of citizenship. It also said that no state shall make or enforce any law that will abridge the privileges and immunities of citizens of the U.S, nor shall any state deprive any person life, liberty, or property without due process of law
What does the Rules Committee do?
It determines the specific rules under which legislation will be considered by the full House. Together with the speaker, it influences when debate will be scheduled, for how long, what amendments will be in order, and the order in which they will be considered
Even if a member of Congress, the White House, or a federal agency has spent months developing and drafting a piece of legislation,
It does not become a bill until a senator or representative officially submits it to the clerk of the House or Senate and it is referred to the appropriate committee for deliberation
What happened to the ERA?
It easily passed in Congress but fell 3 states short of the amount needed to ratify the amendment in state legislatures
What was the effect of the Milken decision?
It exempted most northern states and cities from busing because school segregation in northern cities is generally de facto, resulting from segregated housing and thousands of acts of private discrimination against blacks and other minorities
What does the president pro tempore do?
It exercises mainly ceremonial leadership, and it is a position designated in the Constitution
What did the 15th Amendment do?
It extended the right to vote to blacks
What does the Senate Rules Committee do?
It focuses more on administrative matters-managing Senate buildings, the Government Printing Office, the Senate library, and other services- but also on substantive matters including corrupt practices, presidential succession, and the regulation of federal elections.
What are the effects of differences in the term lengths for House and Senate members?
It generates differences in the length of terms and the requirements for holding office specified by the Constitution generate differences in how the members of each body develop their constituencies and exercise their powers of office. The result is that members of the House more effectively and more frequently serve as the agents of well organized local interests with specific legislative agendas such as used car dealers seeking relief from regulation, labor unions seeking more favorable legislation, or farmers looking for higher subsidies. The small size and frequency with which they must seek re election make House members more attuned than senators to the legislative needs of local groups. This is what the framers intend when they drafted the Constitution. Senators, on the other hand, serve larger and more heterogeneous constituencies. As a result, they are somewhat better than members of the House to serve as agents of groups and interests organized on a statewide or national basis. Moreover, with longer terms in office, senators have the luxury of considering new ideas or seeking to bring together new coalitions of interests, rather than simply serving existing ones. This was also an intent of the framers-that the Senate should provide balance to a more responsive House with its narrower and homogeneous constituencies.
What does helping constituents and gaining support in the district go beyond?
It goes beyond the particular committees in which a member serves
Once adopted by the House and Senate, what happens to the bill?
It goes to the president who may choose to sign the bill into law or veto it
What was the Swann decision of 1971?
It held that state imposed desegregation could be brought about by busing children across school districts even where relatively long distances were involved. It also involved the pairing or grouping of schools and reorganizing of school attendance zones. It was the most important judicial extension of civil rights in education after the landmark 1954 case
What does the whip system help with?
It helps leaders limit the practice of pressuring members to a few times per session. It helps maintain party unity in both houses of Congress, but it is particularly critical in the House because of the large number of legislators whose positions and votes must always be accounted for
What was the effect of the Dred Scott decision?
It inflamed sectional divisions, infuriated antislavery groups in the North, and helped to provoke the Civil War.
What was the first campaign of the National Organization for Women?
It involved picketing the Equal Employment Opportunity Commission for its refusal to ban sex segregated employment advertisements
What is the franking privilege?
It is another incumbency advantage. Members of Congress may send mail to their constituents free of charge to keep them informed of governmental business and public affairs. Under current law, members receive an average of about $100,000 in free postage for mailings to their constituents.
What is the advantage of committee membership?
It is cumulative: Continuous service on a committee not only enhances a legislator's policy credentials and expertise but also positions her for committee leadership posts.
How is the House different from the Senate?
It is more centralized and more organized and is better equipped to play a routine role in the governmental process. The difference between the 2 stems from the different rules governing the 2 bodies. These rules give House leaders more control over the legislative process and provide for House members to specialize in certain areas. House members specialize, their specialized activities take place mainly in committees and deliberations by the full House to take place mainly in response to committee proposals
What is a unique quality of Congress?
It is one of the few national representative bodies that actually possesses powers of governance. In other countries, this is usually not the case as the executive usually controls the legislative branch, but in the U.S, Congress has a great deal of power relative to the president
What happens to a bill that passes in committee and clears the Rules Committee?
It is then scheduled for debate by the full House
How is the scope of civil rights?
It is vast, stretching well beyond voting
What did the 1965 Immigration and Nationality Services Act do?
It lifted discriminatory quotas and helped improve immigration rapidly
What was an effect of intermediate scrutiny?
It made it easier for plaintiffs to win suits on the basis of gender discrimination
What are examples of the social implications that the incumbency advantage has?
It makes it harder for women to gain office because the majority of incumbents are men. Female candidates who run for open seats are just as likely to win as male candidates, but they have to wait for that seat to open up
What was the reason behind supporting Proposition 187?
It might discourage illegal immigration and pressure illegal immigrants already in the country to leave
How did Congress determine which states needed to obtain pre clearance?
It originally used a formula based on the turnout of minorities relative to the turnout of whites. The Court ruled that the states no longer fit with the facts, as the ratio of minority turnout to white turnout in Alabama was similar to that of Massachusetts.
What did the 1973 Rehabilitation Act do?
It outlawed discrimination against individuals on the basis of disabilities and planted seeds for the Disabilities movement demanding rights
What did the Civil Rights Act of 19674 do?
It outlawed discrimination against racial, ethnic, and religious minorities and against women. It allowed federal agencies to withhold federal grants, contracts, and loans to states and municipalities found to discriminate or obstruct the implementation of the law.
What did Title VII of the Civil Rights Act of 1964 do?
It outlawed job discrimination by all private and public employers, including government agencies. It makes it unlawful to discriminate in employment on the basis of color, religion, sex, or national origin
What happened in Mendez vs. Westminster?
It overturned Orange County policy of school segregation aimed at Mexican Americans. It was an important precedent for Brown vs. Board of Education
What happened in Chicago B&Q RR vs. Chicago?
It overturned the Slaughter House cases by stating that the due process clause under the 14th Amendment did in fact prohibit states from taking private property for public use without compensation. It made the eminent domain clause applicable to the states
What did the 1970 amendments to the Voting Rights Act of 1965 do?
It permanently outlawed literacy tests as a prerequisite to register to vote and mandated bilingual ballots or oral assistance for those who speak other languages: Chinese, Spanish, etc.
What does the incumbency advantage do many times?
It prevents many challengers from even running, not only because of the advantages and the tools that incumbents have, but also because challengers fear that the incumbent has simply brought too many benefits to the district or is too well liked or well known.
What did the 13th Amendment do?
It prohibited slavery and involuntary servitude in the U.S
What did the 17th Amendment do?
It provided for direct popular election of senators
What did the Naturalization Act of 1790 do?
It provided rules for granting citizenship to immigrants. Today, any person born in the U.S is a citizen. Legal immigrants can become citizens through a process of "naturalization"
What happens if a legislator develops no means with which to monitor what happens after a bill becomes a law?
It risks seeing public policies implemented in ways other than those it intended when the law was passed.
How did the Supreme Court say that legal and illegal immigrants are treated?
It ruled that illegal immigrants are eligible for education and medical care but can be denied other social benefits. It ruled that legal immigrants are to be treated much the same as citizens
What did the Ledbetter vs. Goodyear Tires do?
It said that a complaint of gender discrimination must be brought within 180 days of the time the discrimination was alleged to have occured. It was overturned two years later in 2009 to give them more time
What did the 3rd Amendment do?
It says the government cannot force citizens to house soldiers in times of peace
What happened in Milken vs. Bradley?
It severely restricted the Swann case when the Supreme Court determined that only cities of deliberate and de jure segregation would have to desegregate their schools
Why was the Civil Rights Act of 1875 declared unconstitutional?
It sought to protect blacks from discrimination by private businesses. According to the Court, the 14th Amendment was intended to protect individuals from discrimination only in the case of actions by public officials of state and local governments.
What did the National Women's Suffrage Association do?
It was formed in 1869 in New York and immediately began an effort to amend the U.S Constitution to allow women to vote. By 1917, it had 2 million members
What was the 1972 Education Act?
It was the most significant federal legislation to guarantee women equal access to education. Title IX of this act forbids gender discrimination in education. It caused most universities to be fully co ed by the 1970's
How did Bill of Rights fare at Constitutional Convention?
It was turned down
How does America's early conception of civil rights compare to its conception today?
Its early conception was much narrower than it is today EX: The national government left many things up to the states such as voting. States put restrictions on who could own property. Women could not own property and were denied the right to vote, and their access to education was limited. Members of minority groups also faced many forms of legally sanctioned discrimination, preventing them from voting, owning property, or securing employment
What was Jefferson's view of the Bill of Rights?
Its omission was a major imperfection in the Constitution
What 2 things helped improve the literacy of Asian Americans?
Lau vs. Nichols and the 1970 amendments to the Voting Rights Act of 1965
What is the idea of agency representation similar to the relationship between?
Lawyer and client
What was the earliest independent Mexican American political organization?
League of United Latin American Citizens
What have waves of immigration led to in the U.S?
Legislation restricting who can come to the U.S
What is a congressional caucus formally known as?
Legislative service organizations
Why do legislators usually want to meet their constituents requests and represent them well?
Legislators are ambitious and desire to get reelected, which means they need support from their constituents. They also seek support from beyond their geographic area if they are seeking a higher office somewhere
What barred many Asian Americans from the full participation in American life?
Limited English proficiency
Who leads the House for Texas?
Lloyd Doggett
Which case dealt with self incrimination and forced confession?
Maaloy vs. Esconbedo
Where does the real power in the Senate lie?
Majority and minority leaders
What does conference agreement require?
Majority support from each of the 2 delegations
What was Madison's view of the Bill of Rights?
May still have thought a bill of rights was not needed privately but he supported it because he recognized the urgency of obtaining Anti Federalist support for the Constitution
Who is the current majority leader in Congress?
McConnell, Republican Senator from Kentucky
How does constituency affect congressional decisions?
Members of Congress spend a lot of time worrying about what their constituents think because these representatives realize that their choices may be scrutinized in a future election and used as ammunition by an opposing candidate. Because of this, members of Congress try to anticipate their constituents policy views
What happened in 1898?
Mexican Americans were given voting rights, but in many places such as Texas they were prevented from voting by means such as the white primary or poll tax
What are the distinctive aspects of the House?
Minimum 25 years of age, U.S citizen for 7 years, 2 year terms, constituency tends to be local
What are the distinctive aspects of the Senate?
Minimum 30 years of age, U.S citizen for at least 9 years, 6 year terms, staggered elections, constituency is both local and national
When was right to be notified of rights applicable to the states?
Miranda vs. Arizona
Which state was the first to elect a women to the U.S Congress?
Montana in 1916
Who do politicians aim to please in elections?
Most politicians are eager to please those who can supply resources for the next campaign such as campaign donors, PACs, important endorsers, party officials, and volunteer activists. Most politicians also have a good sense of what categories of voters supported them in their previous victory, and they aim to gain support from them again. They also take actions that are in line with their agenda.
What is instrumental behavior?
Motivated by and directed toward some purpose or objective
Who is the current minority leader in Congress?
Nancy Pelosi, Democratic Represenative from California
What was the constitutional revolution in civil liberties a movement towards?
Nationalization
When was prior restraint invalidated?
Near v. Minnesota
When was press applicable to the states?
Near vs. Minnesota 1931
What are the current topics of argument for minority rights?
New administrative procedures such as laws requiring that people show a government issued photo ID, and legislative district maps drawn every ten years
How is civil rights treated under the Constitution today ?
No American may be excluded from participation or representation in collective decision making or treated adversely by decision makers on account of such factors as race, gender, or ethnic background
During dual federalism, was the Bill of Rights ever applicable to the states?
No, except property
How have challenges to the death penalty (8th Amendment) been?
Not successful
When did the Bill of Rights become a vital instrument for civil liberties?
Not until after the civil war
Where does the mantle of leadership fall in the committee level?
On the committee chair
Why are the outcomes for November elections usually determined many months earlier?
Once money has been committed to declared candidates, it is harder for new candidates to break into a race.
What is a potential difficulty with Title VII?
One must show that deliberate discrimination was the cause of the failure to get a job or training opportunity
Who can serve in Congress?
Only citizens
Who can be president of the U.S?
Only natural born citizens
What do political parties structure?
Organization
What are political parties?
Organizations that foster cooperation, coalitions, and compromise. They are the vehicles of collective action. In short, they are the fundamental building blocks from which policy coalitions are fashioned to pass legislation and monitor its implementation, thereby providing a track record on which members build electoral support.
What does the 9th Amendment basically say?
Other rights aside from those listed may exist and just because they are not listed does not mean they can be violated
Fighting words falls
Outside protections of the 1st Amendment
What is the gathering called by the Republicans?
Party caucus
What is the gathering called by the Democrats?
Party conference
What has taken control over debate?
Party leadership in the House
What is experimental behavior?
People do things because they like doing them, and it makes them fell free of guilt inside
What can the general status of civil liberties never be considered?
Permanent
What is each standing committee given?
Permanent status by the official rules, with a fixed membership, officers, rules, a staff, offices, and above all, a jurisdiction that is recognized by all other committees and usually, leadership as well.
Of all forms of speech, the consistently most protected is
Political
In recent years, what have congressional leaders established?
Political Action Committees
What are the basic building blocks of congressional organization?
Political parties, the committee system, congressional staff, the caucuses, and the parliamentary rules of the House and Senate. Each of these factors plays a key role in the organization of Congress and in the process through which Congress formulates and enacts laws
What is one of the most important forms of patronage?
Pork barrel legislation
What are the powers of Congress?
Power to levy taxes and spend, raise an army and navy, declare war, regulate commerce, coin money, make all laws "necessary and proper", and special powers of advise and consent (Senate only)
What did the Bill of Rights not apply to?
Procedures of state governments. This meant it could not stop slavery because it could not stop state laws defining people as private property
In recent years, with partisanship in both chambers on the rise, what has been used as potent tools for the minority to frustrate the majority?
Prolonging debate, using procedural delays, and generally dragging one's feet
What restriction on the right to vote was next to go?
Property ownership. States began to shed this requirement during the 19th century especially as the economy became more industrial and less agricultural, with large numbers of people moving to cities to work
What are other ways of blocking Senate action?
Proposing amendments to a pending bill and placing holds or stalling devices on bills to delay debate
What did the 4th Amendment do?
Protection of citizens against searches and seizures deemed unreasonable. Warrants to search may only be upon probable cause
What are liberties?
Protections of citizens from improper government action
What did the 5th Amendment do?
Provides for due process of law where the government is seeking to deprive life, liberty, or property, provides for Grand Jury proceedings for certain serious offenses, prohibits the government from trying a person again after that person has been acquitted, has eminent domain clause, and prohibits government from forcing a defendant to testify against himself
What is substantive?
Putting limits on what the government shall and shall not have the power to do such as establishing a state religion
Which 2 forms of sexual harassment does the Supreme Court recognize?
Quid pro type and hostile environment type
What have immigration restrictions included?
Quotas, visas, and other controls on how long people can reside in the U.S and what privileges they enjoy while here.
What has happened since the passage of the 1982 amendments to the Voting Rights Act?
Race has become a major and controversial consideration in drawing voting districts. These amendments, which encouraged the creation of districts in which members of racial minorities have decisive majorities, have greatly increased the number of minority representatives in Congress.
What is de jure segregation?
Racial segregation that is a direct result of law or official policy
What is de facto segregation?
Racial segregation that is not a direct result of law or government policy but is instead, a reflection of residential patterns, income distributions, or other social factors
What are the 3 goals of Congressmen?
Re-election, public policy, and influence policy makers
Which restrictions on the right to vote were the first to go?
Religious restrictions
Through pork barrel legislation,
Represenatives seek to capture federal projects and federal funds for their districts (or states in the case of senators)
What are the 3 functions of Congress?
Representation, legislation, and counterbalance the other branches
Who are the 2 Texas Senators?
Republicans Ted Cruz and John Cornyn
What does the 2nd Amendment say?
Right to bear arms
What does the 7th Amendment do?
Right to trial by jury
The piecemeal application of the Bill of Rights to the states is known as
Selective incorporation
Which chamber represents much larger and more diverse constituencies?
Senate
What are the costs of seniority?
Senior individuals may be unenergetic, our of touch, even senile
What does the quid pro type involve?
Sexual extortion
What does the hostile environment type involve?
Sexual intimidation
What happens when there is a demand for new civil rights?
Society must decide whether and how rights should be extended
What does the 6th Amendment do?
Someone accused of a crime has the right to a speedy and public trial, an impartial jury, be informed of the nature and cause of the accusation, be confronted with the witnesses against him, and have right to legal counsel
What is speech plus?
Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the 1st Amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order
What are fighting words?
Speech that directly incites damaging conduct. Offesnive language in public that can lose its protection EX: a damn Fascist
What is preferred position?
Speech was protected almost absolutely. Any legislation that attempts to restrict speech is subject to more judicial scrutiny than other types of legislation
What are Congress supported by?
Staffers and agencies
What happened after the Civil War in the South?
State legislatures and local governments in the South began to enact practices that excluded blacks from elections or weakened their political power. In many states, blacks were excluded from primary elections, a practice called the White Power. Poll taxes, literacy tests, registration list purges, and other tactics were used to keep blacks from voting. Districts and municipal boundaries were drawn to place blacks in jurisdictions where they had little or no impact on the election of representatives or the approval of public expenditures
What happens every 10 years?
State legislatures must redraw congressional districts to reflect population changes
What is an example of something that was not part of massive resistance?
States delegated greater authority to get power out of the hands of anti-segregation governors
Which tactics were part of massive resistance?
States encouraged private schools to open in areas where public schools decided to integrate, state legislators ordered superintendents to terminate funding to schools with mixed-race classrooms, state legislators ordered schools to remain segregated, states closed some schools that decided to integrate
What can any member of the legislature do?
Submit a bill calling for changes in some policy area. Almost automatically, this bill is assigned to the committee of jurisdiction
What can liberties and rights be?
Substantive or procedural
What does casework include?
Talking to constituents, providing them with minor services, introducing special bills for them, and attempting to influence decisions by agencies and regulatory commissions on their behalf.
What is an example of gerrymandering?
Texas Congressional district 35 (Austin and San Antonio area)
What did the Court rule in Mapp vs. Ohio?
That evidence obtained in violation of the 14th Amendment ban on unreasonable searches and seizures would be excluded from trial
What did the early naturalization laws that date back to 1790 say?
That only white aliens were eligible for citizenship
What do current immigration laws require?
That persons who wish to reside in the U.S permanently acquire "lawful permanent resident" status (the green card) through family or employment based sponsorship.
What do supporters of term limits agree on?
That term limits are the best way to get new faces into Congress.
What did the Brown case clearly indicate?
That the Supreme Court was going to be expansive about civil liberties because in that case the Court effectively promised that it was actively going to subject the states and all actions affecting civil rights and civil liberties to strict scrutiny
What did the court argue in the Slaughter House cases?
That the framers of the 14th Amendment could not have intended to incorporate the entire Bill of Rights
Real progress toward a genuinely effective 1st Amendment only occurred after
The 1920's
What was the free exercise clause?
The 1st Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses. It also protects the right to be a non believer
What does Congress have vast authority over?
The 2 most important powers given to any government: the power of force (control over the nation's military forces) and the power over money (levy and collect taxes)
What did the Supreme Court state in Barron vs. Baltimore?
The 5th Amendment must be understood as restraining the power of the General Government, not as applicable to the states
What is double jeopardy?
The 5th Amendment right providing that a person cannot be tried twice for the same crime
What important events happened in the area of gender discrimination after the 1972 Education Act?
The Act had fairly weak enforcement provisions, but it was an effective tool for litigation. A 1992 ruling by the Court opened the door for further legal action in the area of education and led to stronger enforcement against sexual harassment, gender inequities in resources (such as lab space, research, and and athletics) and gender inequities in compensation. A 1996 case put an end to all male schools supported by public funds, including all male military schools
What is an example of a committee jurisdiction?
The Armed Services Committee has become specialists in all aspects of military affairs. Sometimes new issues arise that require no jurisdiction. Some are so multifaceted that bits and pieces of them are spread across many committee jurisdictions. This can cause turf battles between committees, which can involve the committee chairs and the political leadership of the chamber
What happened to the Chinese in 1882?
The Chinese Exclusion Act was passed, which suspended the entry of Chinese laborers. It was not repealed until 1943.
What has substantial power to block the close of debate ?
The Senate
Which chamber tended to seek more compromise?
The Senate because of their diverse constituencies, they were more inclined to seek compromise positions that offended as few voters and interest groups as possible. Members of the House, with their party's domination in homogeneous districts, were less inclined to seek compromises and more willing to stick to their partisan and ideological guns
Why does the Senate tend to be a more deliberative body than the House?
The Senate has more rules governing the lawmaking process
How is the Senate different from the House?
The Senate is the more deliberative of the legislative bodies, it is the forum in which any ideas can receive a through public hearing. The rules of the much smaller more freewheeling Senate give its leadership relatively little power and discourage specialization. Senators are less specialized, partly because of their homogeneous constituencies, and therefore involve themselves in many more areas of policy. Senate proceedings permit wider participation and more open-ended deliberation.
What do the majority and minority leaders control?
The Senate's calendar, or agenda for legislation
Which chamber has an equal number of representatives per state?
The Senate, 2 per state
What happened in Shelby County vs Holder (2013)?
The Supreme Court declared unconstitutional an important section of the Voting Rights Act. This section obligated jurisdictions in Alabama, Alaska, AZ, GA, LA, Miss, SC, and TX as well as other cities and counties to obtain approval of any change in election administration procedures from the DOJ or Federal District Court in a procedure called pre clearance.
What happened in the Slaughter House cases?
The Supreme Court determined that the federal government was under no obligation to protect the "privileges and immunities" of citizens against the states
What happened in Gitlow vs New York?
The Supreme Court held that freedom of speech was among the fundamental personal rights and liberties protected by the due process clause of the 14th Amendment
What happened in Brown vs Board of Education (1954)?
The Supreme Court ruled that in public education "separate but equal" has no place and that separate educational facilities are inherently unequal
What happened in Smith vs Allwright (1944)?
The Supreme Court struck down the White Primary in which it asserted the power of the federal government to intervene in the states' conduct of elections in order to protect the voting rights of blacks
What would speed up the desegregation of schools?
The Supreme Court would need to decide to permit federal action against de facto segregation and the various kinds of private schools and academies that have sprung up for the purpose of avoiding integration.
What is the only national representative assembly in the world that can actually be said to govern?
The U.S Congress
Why is it no surprise that many of the newer states such as Indiana and Kentucky were the first ones to give women economic rights?
The U.S adopted laws of inheritance and property from Britain, which granted men control over all property.
What is the exclusionary rule?
The ability of courts to exclude evidence obtained in violation of the 14th Amendment
What are staff agencies?
The agencies responsible for providing Congress with independent expertise, administration, and oversight capability. They enhance Congress's capacity to oversee administrative agencies and evaluate presidential programs and proposals.
What is gerrymandering?
The apportionment of voters in districts in such a way as to give unfair advantage to one political party. It can have a major effect on the outcome of congressional elections.
What is pork barrel legislation?
The appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election
What is after-the-fact authority?
The authority to follow up on the fate of a proposal once it has been approved by the full chamber. Also known as conducting oversight. A committee has this responsibility as well.
What happens if Congress adjourns during the 10 day period and the president has taken no action?
The bill is also considered to have been vetoed by means of pocket veto
Once a chamber passes a bill, what happens?
The bill must be considered by the other chamber. If the other chamber passes a bill different from the one passed in the first chamber and the first chamber refuses to accept the changes made, then the two chambers meet in a conference committee, in which representatives from each chamber hammer out a compromise.
What is proposal power?
The capacity to bring a proposal before the full legislature. It is related to a committee's gatekeeping power.
What happened for ten years after the 1954 case?
The cat and mouse game continued between the south and the federal government, and fewer than 1% of blacks in the south attended schools with whites. This led to the Civil Rights Act of 1964
What are benefits of seniority?
The chair will be occupied by someone knowledgeable in the committee's jurisdiction, familiar with interest group and executive branch players, and politically experienced. The larger institutions will be spared divisive leadership contests that reduce the legislative process to efforts in vote grubbing.
What is impeachment?
The charging of a government official with "treason, bribery, or other high crimes and misdemeanors" and bringing him or her before Congress to determine guilt.
What is the Speaker of the House?
The chief presiding officer of the House. The Speaker is elected at the beginning of every Congress on a straight party vote. He or she is the most important party and House leader. Voting is usually along straight party lines.
What happens frequently with committee deliberation?
The committee and subcommittee may do little or nothing with a bill and simply allow it to die in a committee
What happens after a bill is referred to committee?
The committee may take no further action on it, amend the legislation in any way, or even write its own legislation before bringing the bill to the floor for a vote. Committees are then the lords of their jurisdictional domains, setting the table, so to speak, for their parent chamber.
No floor action on any bill can take place until
The committee with jurisdiction has taken all the time it needs to deliberate
What does a second manifestation of after the fact authority consist of?
The committee's primacy in legislative oversight of policy implementation by the executive bureaucracy
In the majority of cases, what are conference committees drawn from?
The committees that had original jurisdiction over the bill.
What was the Miranda rule?
The convention derived from the Supreme Court's 1966 ruling in Miranda v. Arizona that persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation
What is due process of law?
The government must respect all the legal rights to which every individual is entitled. Proceeding according to law and with adequate protection for individual rights
What are the general issues that face any legislature or decision making group possessing diverse preferences?
The problems of cooperation, coalitions, and compromises
What does the committee's effective authority to represent its chamber in conference committee proceedings constitute?
The first manifestation of after the fact power that complements its before the fact gatekeeping and proposal powers
Eminent domain involves
The government acting in the public interest, which can mean virtually anything a legislature says it means
What happened in Lawrence vs. Texas?
The court overturned Bowers vs. Hardwick by saying Texas legislatures no longer had the authority to make private sexual behavior a crime. Added to the 9th Amendment right to privacy
What is jurisdiction over civil liberties and civil rights issues primarily exercised in?
The courts
What has happened since the 1960's with regard to minorities?
The courts and not the legislatures have become the arena in which minorities, poor people, city dwellers, and many others can argue for protection of their voting rights
What is clear and present danger?
The criterion formerly used to determine whether speech is protected or unprotected based on a capacity to present a clear and present danger to society EX: Screaming bomb at an airport is not protected
What problems arise over current immigration laws?
The current law places limits on the number of green cards approved per year. Some people also illegally enter the country or stay beyond the term allowed for temporary visitors
What happened in Roe vs. Wade
The decision established a woman's right to seek an abortion and prohibited states from making abortion a criminal act. Took a dramatic step towards establishing the right to privacy
What is agency loss?
The difference between what a principal would like an agent to do and the agent's performance. A principal will suffer this from having delegated authority to a hired hand.
The bill to fund F35, which created jobs in several congressional districts demonstrates the principle of
The distributive tendency
What is constituency?
The district making up areas from which an official is elected
What is a common form of pork barreling?
The ear mark, the practice thru which members of Congress insert language into otherwise pork free bills that provides special benefits for their constituents
What is oversight?
The effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies
What is the majority leader?
The elected leader of the party holding a majority of the seats in the House of Reps or the Senate. In the House, the majority leader is subordinate in the party hierarchy to the Speaker
What is the minority leader?
The elected leader of the party holding less than a majority of the seats in the House or Senate
What has helped the Hispanic voter registration improve?
The enormous growth of the Latino population
What did the 9th Amendment say?
The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people
In the American Constitution, civil liberties issues arise under
The equal protection clause of the 14th Amendment
The bill of Rights is basically a series of amendments on what
The federal government must not do
What is the establishment clause?
The first clause of the Bill of Rights. It says Congress cannot have a state established religion. This law means that a separation exists between church and state
What is total incorporation?
The idea that all of the provisions of the Bill of Rights were applied to the states by the 14th Amendment
What does naturalization require?
The immigrant has resided in the U.S as a legal resident for at least 5 years, has demonstrated the ability to read, write, and speak english, passed a basic U.S civics and history test and is of good moral standing
What happens when incumbents do face strong challengers?
The incumbents are often defeated because strong challengers are willing to throw their hat in the ring when they believe the incumbent is weak, out of touch, too preoccupied with national affairs or plagued by scandal or declining capabilities
What happens once a bill is debated on the floor of the House and Senate,
The leaders schedule it for a vote on the floor of each chamber. By then, congressional leaders know what the vote will be; leaders do not bring legislation to the floor unless they are fairly certain it is going to pass.
What are rights?
The legal or moral claims that citizens are entitled to make on the government
What are civil rights?
The legal or moral claims that citizens are entitled to make on the government.
What are committee chairs now selected by?
The majority party members of the full legislature
What happens every 2 years at the start of a new Congress?
The members of each party gather to elect their House leaders
What has been the effect of the creation of a growing number of minority majority districts?
The minority voter proportions in other districts have become diluted, opening up the possibility that representatives will be less representative to minority policy concerns
What was strict scrutiny?
The most stringent standard of judicial review of a government's actions in which the government must show that the law serves a compelling state interest
What are political parties not part of?
The official organization of Congress
What is selective incorporation?
The one by one application of the Bill of Rights to the states by the due process clause
What is perhaps the most important advantage of incumbency?
The opportunity legislators have to serve on legislative committees because it is here that incumbents are able to establish a track record of accomplishments that compares favorably with the mere promises of electoral challengers.
What is a veto?
The president's constitutional power to turn down acts of Congress within 10 days of their passage while Congress is in session. A presidential veto may be overridden by a 2/3 vote of each house of Congress.
What is seniority?
The priority or status ranking given to an individual on the basis of length of continuous service on a congressional committee. For many years, Congress followed a rigid seniority rule for the selection of committee chairs.
What are civil liberties?
The protections of citizens from improper governmental action
What is an open rule?
The provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill
What is a closed rule?
The provision by the House Rules Committee that prohibits the introduction of amendments during debate
What is the equal protection clause?
The provision of the 14th Amendment guaranteeing citizens "the equal protection of the laws" This clause has been the basis for the civil rights of African Americans, women, and other groups. It was the last clause of the 14th Amendment.
What is the idea of a representative as an agent similar to?
The relationship between a lawyer and his client
What is patronage?
The resources available to higher officials, usually opportunities to make partisan appointments to offices and confer grants, licenses, or special favors to supporters
What is gatekeeping authority?
The right and power to decide if a change in policy will be considered. Committees get to decide whether to open the gates and allow the bill to be voted on by the full chamber.
What are legal rights that citizens have?
The right of habeas corpus
What is the most basic civil right in this country?
The right to be in the country
What is the right to privacy?
The right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions
What does the Constitution say about voting?
The right to vote is not guaranteed in the Constitution. The Constitution left the power to run elections up to the states. The states usually carried over the suffrage rules from their colonial charters.
What are political rights that citizens have?
The right to vote, the right to run for office, and the right to association
What are examples of how civil rights has extended to private spheres of life?
The right to work, the right to marry, and whether clubs and organizations can exclude people on the basis of gender or race.
What has the development of gender discrimination as an important part of the civil rights struggle been coincided with?
The rise of women's politics as a discrete movement in American politics
What are civil rights?
The rules determining who may participate or be represented in collective decision making process, as well as regulating the ways in which the government can and can't treat its citizens
What is another way of defining civil rights?
The rules the government must follow with regard to the treatment of individuals when collective decisions are made
What is the jurisdiction of each standing committee defined by?
The subject matter of legislation
What happened after the 14th Amendment was passed?
The supreme court was making decisions as though the amendment never happened
What is a sophomore surge?
The tendency for a candidate to win a higher percentage of the vote when seeking their second term than they won in their initial election victory. It is a display of the incumbency advantage
What is distributive tendency?
The tendency of Congress to spread the benefits of a policy over a wide range of members' districts
What was intermediate scrutiny?
The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional. It is midway between traditional rules of evidence, which put the burden of proof on the plaintiff, and the doctrine of strict scrutiny, which requires the defendant to show not only that a particular classification is reasonable but also that there is a need or compelling interest for it.
What is agency representation?
The type of representation according to which representatives are held accountable to their constituents if they fail to represent them properly. That is, constituents have the power to hire and fire their representatives (who act as their agents).
What is the final factor that affects who wins a Congressional seat?
The way congressional districts are drawn
What do legislators generally vary in?
The weight they give to personal priorities and to the desires of their campaign contributors and past supporters. This is what divides them into delegates and trustees
Once a bill's assigned committee or committees in the House have acted affirmatively,
The whole bill or various parts of it are transmitted to the Rules Committee
What does the possibility of a presidential veto affect?
The willingness of members of Congress to push for different pieces of legislation at different times.
How have civil rights changed since the days of the Constitution?
There has been a huge expansion of civil rights to different groups of people
What is the dual process clause?
There is no such thing
What are frequent competitive elections an important means of?
They are important means by which constituents hold their representatives to account and keep them responsive to their own views and preferences
What defines civil liberties?
They are limitations or restrictions on collective action, and they define certain spheres of activity such as speech or worship where the government's authority to interfere with individual conduct is limited.
What happened once women began gaining economic rights?
They began to organize and engage in collective action to advance their political and social rights, including the right to vote
Why did anti federalists seek a Bill of Rights?
They believed the Constitution lacked anything on civil rights and they wanted assurance that the states would get the powers not delegated to the national government. Some Federalists throughout it was unnecessary, even dangerous
What are some basic rights of U.S citizens?
They can live in the country and travel to other countries with all of the privileges and protections of the U.S. Citizens who are 18 can vote.
What did opponents of the ERA believe?
They charged that it would be socially disruptive and would introduce changes such as coed restrooms that most Americans did not want.
What was the reason behind opposing Proposition 187?
They contended that denying basic services to illegal immigrants risked creating a subclass of residents in the U.S whose lack of education and poor health would threaten
How do representation and legislation work for Americans?
They go hand in hand
What do civil liberties limit?
They limit what people are allowed to do freely in society. They amount to restrictions on government, and they restrain the collective decision making of the people as expressed through the decisions of Congress
How do interest groups affect congressional decisions?
They mobilize voters and contribute campaign finance and convey information. They posses specialized knowledge, especially about how various aspects of policy will affect local constituencies
What do legislators need to do in order to vote intelligently?
They must know the connection between the instruments they vote for and the effects they desire. In short, they must have information and knowledge about how the world works
Why can't the courts act alone when dealing with civil rights?
They need the concurrence of the people and the support of the legislature and the executive to define and protect civil rights
How are civil rights different from civil liberties?
They regulate who can participate in the political process and civil society and how they can participate. They shape collective decision making but in a very different way than civil liberties do?
What do congressional party leaders do in addition to organizing Congress?
They set the legislative agenda
Which type of behavior caused people to participate in civil rights protests?
They wanted to be a part of a social movement and identify with hundreds of thousands of others who felt the same way. Many also participated because they thought it would be fun, like an adventure. Individuals were motivated by both types of behavior
How were Senators elected until the 17th Amendment?
They were appointed by state legislatures
How were the Chinese in California treated in the mid 1800's?
They were treated with hostility and led Congress to declare Chinese immigrants ineligible for citizenship. Chinese children were denied entry to public schools until parents pressed legal action
What do civil rights determine?
Things such as who can vote, who can serve in office, who can have a trial or serve on juries, and when and how we can petition the government to take action
What are the largest groups of people in America who are not allowed to participate in American elections?
Those who are underage and those who are not citizens
What is one very direct way in which incumbent members of Congress serve as the agents of their constituencies?
Through patronage
What is each Congress member's primary responsibility?
To the district, not to the congressional leadership, a party, or even Congress itself.
What is the first branch of government under Article 1 of the Constitution?
U.S Congress, it is also among the world's most representative bodies
How is the president of the Senate chosen?
Usually the member with the greatest seniority is chosen to serve in this capacity
What is a roll call vote?
Votes in which each legislator's yes or no vote is recorded
What is one of the most basic civic acts in American society and the backbone of our representative democracy?
Voting
What are economic and civil activities that are governed by civil rights?
We have a right to due compensation if the government takes our property, the right to access public schools, and public hospitals cannot turn people away at their emergency room
What percent of a representative's time is devoted to constituency service?
Well over a quarter
What is another way to think of liberties?
What the government must not do
When is this advantage powerful?
When a legislator's committee deals with issues central to the lives of his constituents
When does the party leadership's best opportunities to use committee assignments as rewards come?
When one member seeks a seat on a committee
When can a House majority override opposition?
Where it takes a supermajority of 60 votes to close debate in the Senate
Who were some of the most fervent supporters of the new minority districts?
White Republicans who used the opportunity to create more districts dominated by white Republican voters
What are examples of these 3 features of civil rights?
Who has a right and who does not? A right to what? And how much is any individual allowed to exercise that right?. With voting, the what is the vote, the who is which people are allowed to vote, and the how much concerns whether that right can be exercised equally-whether some people's votes count more than others
What are the 3 features that civil rights can be thought of?
Who, what, and how much
Saying something against the government
Will not get you prosecuted
How did the Deep South respond to court ordered desegregation?
With a delaying tactic known as massive resistance
What is the advantage of fund raising ?
With their brand name, incumbents are in a position to raise campaign funds throughout their term, often in such quantities to overwhelm prospective challengers. Members of Congress are almost always able to outspend their challengers. Over the past quarter century, despite many campaign finance regulations that were meant to level the playing field, the gap between incumbent and challenger spending has grown.
What happened at the Seneca Falls Convention (1848)?
Women and men attending issued the "Declaration of Sentiments and Resolutions", asserting that women were entitled to rights in every way equal to those of men
Which state was the first to extend women the right to vote?
Wyoming in 1869, it was still a territory then
During the first wave of selective incorporation, was the Bill of Rights ever applicable to the states?
Yes, the 1st Amendment provisions
What is an example of logrolling?
You support me on bill X, and I'll support you in a bill of your choice. Supporting a president's healthcare proposals in exchange for a number of tax breaks in the oil industry
The small size and relative homogeneity of House districts, along with more frequent elections make House members
especially responsive to the needs of local interest groups
When was the Supreme Court finally able to nationalize the Bill of Rights?
late 1800's. It was done by incorporating its civil liberties provisions in the 14th Amendment
What does the 1st Amendment say?
no state religion, freedom of speech, press, assembly, and petition all allowed
The U.S Congress is not only a
representative assembly, it is also a legislative body
What did supporters of the ERA believe ?
that such a sweeping guarantee of equal rights was a necessary tool for ending all discrimination against women and for making gender roles more equal.
What happened in 1919?
the 19th Amendment was passed, granting women the right to vote