NEWPurdue POL 101 Fall 2018 Midterm Exam

Mapp. V. Ohio

Mapp. V. Ohio (1961), improperly obtained evidence cannot be admitted in any trial. Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme 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, as ...

How is the US with Maternity and Paternity Leave?

Maternity leave in the United States is regulated by US labor law. There is a right to a temporary and unpaid period of absence from employment granted to expectant or new mothers during the months immediately before and after childbirth.[1] These policies are generally aimed at supporting the mother's full recovery from childbirth and facilitating a stronger mother-child bond.[2] The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for most mothers of newborn or newly adopted children. UNPAID!!!!!!!!

What is "Filling the Tree"?

The Majority Leader blocking the minority party from offering amendments.

What must happen for a foreign government to be recognized?

The President may recognize governments at their will.

Which of the following is not a part of the Iron Triangle?

The Public. The iron triangle is a unique relationship between bureaucracy, congressmen, and lobbyists that results in the mutual benefit of all three of them. We examine how an iron triangle works and then consider some problems that might arise from an iron triangle.

What was not a reason that Reconstruction is considered to be a failure?

The Southern States were reintegrated into the Union too slowly after the Civil War.

Commerce Clause Which section of the constitution is arguably the most explicit endorsement of federalism?

The Tenth Amendment

Presidents international agreement powers.

The Treaty Clause is part of Article II, Section 2, Clause 2, of the United States Constitution, that empowers the President of the United States to propose and chiefly negotiate agreements between the United States and other countries, which, upon receiving the advice and consent of a two-thirds supermajority vote of the United States Senate, become binding with the force of federal law.

What is true about the nature of the US Constitution with regard to local governments?

The US Constitution does not mention or deal with local governments.

Asymmetric and symmetric federalism?

The US States are treated equally by the federal government (symmetric federal system). This is not the case for every federation. India, Russia, and Canada treat their subnational units differently. Basic Nature of Federalism in the US::::::::::::::::::::::::::::::::::::::::::: The local, state, and federal governments each have their own powers. Constitutional protections that reserve power to the people and the states. Federal constitution determines that each state must have a "republican form of government".

What statement is true about the Voting Rights Act and Substantive Representation?

The VRA was more effective in more competitive districts.

How supportive are federal courts towards the types of campaign finance law? Which one of the three, public financing, contribution limits, or disclosure, is the most supported? Why?

uhhhhhhhhhhhh !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! FREE SPEECH ????????????????? Nationalization ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Defined by shifting power to the national from the state governments. Examples: New Deal, Medicare, Medicaid, No Child Left Behind (Repealed and Replaced with Every Child Succeeds Act), Common Core. Sometimes, this can cause issues (Hurricane Katrina). Other times, it is necessary to stop things like race to the bottom.

What statement is true about Nash Equilibrium?

There can be more than one Nash Equilibrium. GAME THEORY, STRATEGIC INTERACTION Was not founded by Nash!! Can even find game theory in ancient writings. Does not always end up this way. Merely points to what the best option may be. PRISONERS DILEMMA Dominant Strategy Nash Equilibrium Can have multiple- think of road driving.

What is true about the Supreme Court's rulings on free speech zones?

They are generally unconstitutional.

What must happen for an individual to be protected by Miranda?

They must unambiguously invoke the right to Miranda protections.

What is true about agencies that have more presidential appointments?

They tend to perform worse than those with career civil servants.

The Real ID Act is an example of which of the following?

Unfunded Mandate

What is the difference between a unitary and federal state?

Unitary vs Federal Systems ???????????????????????????????????????????? In a unitary system, the central government has all the power. In a federal system, some powers are given to the central government and other powers are given to the lower levels of government (provinces or states).

Imagine you represent a large state at the Constitutional Convention of 1787. Which plan are you most likely to support?

Virginia

What do we mean by the term "logrolling"?

Vote Trading

What is the tradeoff between transaction costs and conformity costs?

When one goes up, the other goes down.

Importance of signing statements

A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in United States Code Congressional and Administrative News (USCCAN). The statements begin with wording such as "This bill, which I have signed today" and continue with a brief description of the bill and often several paragraphs of political commentary.[1][2] During the administration of President George W. Bush, there was a controversy over the President's use of signing statements, which critics charged was unusually extensive and modified the meaning of statutes. The practice predates the Bush administration, however, and was also used by the succeeding Obama administration.[3] In July 2006, a task force of the American Bar Association stated that the use of signing statements to modify the meaning of duly enacted laws serves to "undermine the rule of law and our constitutional system of separation of powers".[4]!!!!!!!!!!!!!!!!!!!!WOW

What issue area arguably lead to the defeat of the ERA?

Abortion

The United States Senate was originally chosen by whom until the 17th Amendment?

State Legislatures

Why the electoral college was put down, wand know what it is (how does it work).

.................Executive Branch ▶ Plural executive impractical. ▶ Attempted to limit the scope of their command authority. ▶ "Take care that the laws be faithfully executed". ▶ Legislative veto. ▶ Two thirds of congress could overturn the veto. ▶ Only Congress could declare war. ▶ Senate approve appointments by the president. ...............Electoral College ▶ Combine congressional, state, and popular participation. ▶ Done because not all states had universal suffrage. ▶ States select electors. ▶ Hamilton: A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [tasks]. ▶ Meet on a day set by law. ▶ Originally cast two votes.

What is the most common way redistricting is done by states for the US House of Representatives?

State Legislatures

Which statement best describes the relationship of power between the state and federal governments over time?

State governments have lost significant power to the federal government.

Where did Madison believe most tyranny would come from, thus not needing the Bill of Rights?

State governments.

Who does the Constitution give authority to for deciding rules on electing members to Congress?

States

What are some of the checks and balances in the constitution.

............Checks and Balances ▶ President can veto Congress. ▶ Congress can overturn the President. ▶ Senate confirms presidential appointments. ▶ Congress can impeach and remove president and judges. ▶ President nominates judges of the courts with the Senate providing "advice and consent". ▶ Judicial review can overturn the actions of both ............. Other issues. ▶ Foreign policy. ▶ Slavery and the Three Fifths Compromise. ▶ Interstate commerce and assuming state war debt.

Commerce clause, necessary and proper clause,

??????????????????????????The Tenth Amendment ...................Some New Powers ▶ Commerce Clause. ▶ Necessary and Proper Clause. ▶ Taxation clause stretched to the max! The necessary and proper clause allows Congress to make laws that it believes are necessary to carrying out Congress' enumerated powers. ... The commerce clause allows Congress the exclusive right to regulate interstate commerce and commerce between the U.S. and other countries.

What do we mean that the Senate is a continuous body?

1/3 of senators rotate ever 2 years for 6 year terms a legislative body, such as the U.S. Senate, that achieves stability by staggering the terms of its members to prevent more than a minority of seats from changing in a single election.

What election ushered in the first anti slavery majorities in Congress?

1860

What is a citizen legislature? What makes it different from a professional legislature?

A citizen legislature is a legislative chamber made up primarily of citizens who have a full-time occupation besides being a legislator. ... Many other states in the US, by contrast, have a professional legislature. James Madison wrote in Federalist No. 62 that "It is not possible that an assembly of men called for the most part from pursuits of a private nature, continued in appointment for a short time, and led by no permanent motive to devote intervals of public occupation to a study of the laws, the affairs, and the comprehensive interests of their country, should, if left wholly to themselves, escape a variety of important errors in the exercise of their legislative trust."[6] Legislatures in the U.S. considered to be citizen legislatures include Idaho,[2] New Mexico, North Carolina, Oregon,[3] Utah,[4] and Wyoming.[ See ELAZAR'S CULTURAL CLASSIFICATION BY STATE slide SEE 5 TYPES OF LEGISLATURES MAP SLIDE ::::::::Gubernatorial Powers Differ Greatly :::::::::::::::::::::::::::::::::::::::::::::::: Plural Executive Model. Line Item Veto. the power of a president, governor, or other elected executive to reject individual provisions of a bill. Appointment Powers. Budget Making Power. http://knowledgecenter.csg.org/kc/system/files/4.4%202016.pdf

What is an unfunded mandate?

An unfunded mandate is a statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements. Public individuals or organizations can also be required to fulfill public mandates. QQQQQQQQQQQQQQQQQQQQ The Real ID Act is an example of ?????????????????????????? Example- The Real ID Act Arkansas, Arizona, Colorado, Georgia, Hawaii, Idaho, Illinois, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Virginia, and Washington have joined Maine and Utah in passing legislation opposing Real ID. Those who do not have appropriate IDs are barred from boarding airplanes, entering nuclear facilities, and performing any other actions that require "official" federal identification. The Judiciary and Federalism ::::::::::::::::::::::::::::::::::: Federal Courts are policymaking entities. Decisions are binding on states and local governments. Expenditure requirements are unconstitutional. States try to get around these decisions at times.

Burrowing In refers to:

Appointees trying to become career bureaucrats.

What is the primary reason Independent Regulatory Commissions are established?

Avoid taking responsibility for making unpopular decisions.

What internal control issues are associated with the bureaucracy?

BUDGET MAXIMIZATION Bureaucrats seek to maximize the discretionary aspects of the budget. The difference between the total budget and the minimum cost of producing the expected output. BUREAUCRATIC EVOLUTION New bureaus arise as the result of the aggressive action and agitation by a small group of zealots. Organizations experiencing rapid growth, like new ones, provide excellent opportunities for promotion, thereby attracting climbers; conversely, such bureaus also experience a decline in conservers EVOLUTION CONT. As the proportion of climbers entering an organization rises, a higher proportion of their efforts is devoted to internal politics and rivalry. When organizational growth slows or subsides, opportunities for promotion also diminish, thereby leading climbers to jump to other bureaus; hence, the proportion of climbers is reduced. CHANGE IN ADMINISTRATIONS When there is a change in Presidents, some high-ranking bureaucratic officials who were appointed, attempt to have there jobs converted into career positions called Burrowing In. Very Small Number Actually Do This! PROBLEM WITH INTERNAL CONTROL Exaggerate data that reflect favorably upon them. biased toward policies that advance their interests and against those that fail to do so. Vary the degree to which additional responsibilities and risks are sought out. Vary compliance with directives depending upon whether they advance personal interests, for instance, "feet dragging" on orders opposing their interests. VVVVVVVVVVVVVVVVVV answers next:)):):):):):):):)) HOW TO DEAL WITH IT Issuing orders that require minimal review. Creating information necessary to discover what subordinates are doing. Selecting only a small portion of all activity for review. Using anti-distortion devices to obtain compliance, like personal and irregular visits. MORE WAYS Separate monitoring agencies for inspecting and reporting on performance. Use of personal staff external to the hierarchy; unfortunately, staff normally favors expanding functions they are entrusted with, thereby creating their own biases and control problems. Nepotism AGENCY CONTROL Fire Alarm System Procedural Controls Judicial Review of Government Agencies Removing and Punishing Agencies Monitoring

What event began shifting the African American vote from Republican to Democratic?

Barry Goldwaters Nomination (1964)

Power differences in the chambers

Basics of the House of Representatives 435 voting members of the House of Reps. 6 Non voting members from Washington D.C. and the territories. Elected every two years. Apportioned every ten years through the census. Used to be one member per 33,000. Now well over 700,000. Powers House of Reps. has not given to the Senate. Impeach officials by a majority vote. Start legislation that raises revenues. Elect the President in case of a tie. Speaker of the House Constitutional office- though the constitution does not say what the Speaker does. Elected by a majority of the chamber through roll call vote on the first day of session. Serves as the spokesperson and the agenda setter of the majority party in the House of Representatives. Usually does not take part in debates on the floor or vote...but they can if they should desire to do so. Formal Powers of the Speaker Presides over the chamber- rarely does so. Decides who gets to speak. Decides points of order. Selects members of conference and special committees. Administrative functions. Internal to the Party- GOP Side GOP Speakers chair the steering committee, which appoints members to committees (has 4 out of 36 votes). Also nominates members and the chair of the Rules Committee directly. These decisions must be approved by the full conference. Make nominations directly for the Republican Conference's consideration for membership (including chairs) on the Rules Committee and the House Administration Committee and one on the Budget Committee. Serves on the NRCC and has an obligation to forward the interest of the Conference. Taken from The Speaker of the House: House Officer, Party Leader, and Representative Heitshusen (2011) Internal to the Party- Democratic Side. Chairs the Steering and Policy Committee; appoint two co-chairs, two vice-chairs, and up to 15 of its Members. Nominates the Democratic membership on the Committees on Rules and House Administration, and recommend to the Caucus a nominee for chair of these committees. If a nominee was rejected, the Speaker could make another nomination until the position was filled. Speaker of that party also serves as a member of the Democratic Congressional Campaign Committee (DCCC) and nominates the DCCC chair. Taken from The Speaker of the House: House Officer, Party Leader, and Representative Heitshusen (2011) Party Leaders in the House of Reps. Majority leader serves under the Speaker, but could be granted significant powers (such as Tom Delay). Legislative calendar set by the Majority Leader. Minority leader is the voice of the minority party. Whips get people to vote the way of the party. House Democratic Steering and Policy Committee Chaired by the Party Leader. Made up of party leaders, freshman members, ranking members, appointed members, and regional representatives. Nominates party committee assignments and ranking membership to the entire caucus. Also helps coordinate policy within the Democratic Party. Republican Side Have a Steering Committee and a Policy Committee. Do the same thing, but they are split into two committees. Steering committee headed by the party leader, policy committee headed by Luke Messer (R-IN). Rules Committee Legislation is debated under separate rules in the House of Reps, and there is no unlimited debate. Divided 11-4 along party lines. The Rules Committee acts as the gate keeper for all legislation. Legislation is reported to the Rules Committee before going to the floor. All legislation must be equipped with a rule by the committee before consideration on the full floor of the House. This can be an "open", "restricted", or "closed" rule, either allowing all, a certain restricted number, or not allowing amendments. Budget, Appropriation, Ways and Means Budget Committee presents the framework that is adopted by the House. Appropriations Committee: controls the pursestrings. Ways and Means deal with taxes and cannot serve on other committees. Other Committees Number of individuals serving on each committee made by the majority leader in consultation with the minority leader. Standing committee jurisdictions determined by the House Rules. Serve on two standing committees The ratio largely reflects the size of the parties in the overall chamber, except for the Ethics Committee. Approved by the full House of Representatives. Committee Chairmanships Republicans maintain term limits on committee chairs. Traditionally given to the most senior members. Control the agenda and debate within the committees. Select the subcommittee chairs, 2/3 of the staff, and report to the Speaker of the House. Debate Tightly controlled by the rules and the party leaders. Members usually only get 2-3 minutes to speak per bill. Floor is largely controlled between the Committee Chair and the ranking member. One bill at a time, votes for final approval at the end of the day usually. Conducted by an electronic vote. Protections for members. Discharge Petition- Majority of members sign a petition to get a bill out of committee and onto the floor. Motion to Recommit. The motion to recommit provides one final opportunity for the House to debate and amend a measure, typically after the engrossment and third reading of the bill, before the Speaker orders the vote on final passage.

Buckley v. Valeo

Buckley v. Valeo, 424 U.S. 1 (1976), is a U.S. constitutional law Supreme Court case on campaign finance. A majority of judges held that limits on election spending in the Federal Election Campaign Act of 1971 §608 are unconstitutional.

The 1800s were characterized by what power structure in the Presidency?

Cabinet government.

Executive powers and the constitution

Chief Executive "The Executive Power shall be vested in a President of the United States of America.".........that's it! Article II then moves on to discuss the election process. Appoint offices of the government by and with the "Advice and Consent of the Senate". He may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, Take care that the Laws be faithfully executed. Budgeting Presidents budget presented on the first Monday of February. We have not operated on a formal budget since 2008 in the traditional sense. Instead, we are operating on Continuing Resolutions. President cannot impound funds (Train v. City of New York [1975]). n this case, President Richard Nixon was of the view that the administration was not obligated to disburse all funds allocated by Congress to states seeking federal monetary assistance under the Federal Water Pollution Control Act Amendments of 1972 and ordered the impoundment of substantial amounts of environmental protection funds for a program he vetoed, and which had been overridden by Congress.[2] Russell E. Train Nor can they use a line item veto (Clinton v. City of New York [1998]). Clinton v. City of New York, 524 U.S. 417 (1998), is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens. Centralized Administration In early 1900s, members of the Administration were barred from speaking to Congress with the "gag rule". A gag rule is a rule that limits or forbids the raising, consideration, or discussion of a particular topic by members of a legislative or decision-making body. Central clearance and the OMB (Office of Management and Budget). Reagan instituted that all new rules and regulations get a cost benefit analysis from the OMB. As a Legislator President can call formally call Congress into session. State of the Union "from time to time." "the president proposes, Congress disposes"- Roosevelt

What is cloture?

Cloture Motion- Rule XXII of the Senate Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, 16 is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question: Cloture Motion- Rule XXII of the Senate Continued ''Is it the sense of the Senate that the debate shall be brought to a close?'' And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn—except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting—then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.

When a state or local government takes on a policy that it feels the federal government is not properly advocating for or enforcing, this is called:

Compensatory Federalism

What was a major change between the Articles of Confederation and the US Constitution?

Congress could collect taxes.

What is the most common type of bureaucrat?

Conservers

How do you define bureaucracy?

DEFINE BUREAUCRACY Chain of Command and Hierarchy Division of Labor Specification of Labor Impersonality in Executing Tasks Adaptation of Structure to Goals Predictability of Behavior a system of government in which most of the important decisions are made by state officials rather than by elected representatives.

What is the most significant difference between the Democratic Caucus and Republican Conference?

Decisions of the Republican Conference are non binding.

Which of the following is the largest government department?

Defense

Vague language to make President make difficult decisions.

Delegation of Power to the President Congress cannot do everything. Congress provides regulatory authority to the president. Vague language of legislation to give president discretion to avoid political fallout.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Endangered Species Act and the ACA for example.

Under what circumstance was the death penalty declared unconstitutional?

Discriminatory practices of sentencing, not of the death penalty itself.

How did Madison argue against the idea that a "large Republic" could not survive?

Diverse interests within a representative government will stop majority tyranny.

What is the Dred Scott decision?

Dred Scott decision in 1857.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Dred Scott was taken to a free state. Hoped to sue for his rightful freedom. Ruled "that whose ancestors were imported into [the U.S.], and sold as slaves, whether enslaved or free, could not be an American citizen and therefore had no standing to sue in federal court" and had "no rights which a white man was bound to respect". Ruled the Missouri Compromise unconstitutional. Only the second time a law was declared as such by the Supreme Court.

What are the types of federalism and how do they differ?

Dual Federalism. holds that the Union and the state are equal; under this view of federalism, the Union government only has the powers expressly granted to it, while the states retain all other powers. Giving limited list of powers primary foreign policy and national defense to the national government. Other powers to states. Cooperative (marble cake) Federalism....................... :) Marble Cake Federalism, also known as cooperative federalism, is a form of federalism where there is mixing of powers, resources, and programs between and among the national, state, and local governments. ... Layer cake federalism is a term used by some political scientists to illustrate dual federalism. ............. Cooperative Federalism: When national, state, and local governments work together to make the government easier. Marble Cake Federalism: Where powers are mixed and given out to the different levels of government. Uncooperative Federalism. The first depicts states as rivals and challengers to the federal government, roles they play by virtue of being autonomous policymakers outside the federal system. ... It has thus neglected the possibilities associated with what we call "uncooperative federalism."............... Sometimes states engaged in uncooperative federalism simply refuse to participate in federal programs, or they do so begrudgingly. Compensatory Federalism. Frank Thompson uses the phrase compensatory federalism to describe increased activity by state governments to make up for a diminished federal role. For compensatory federalism to work, it is essential for states to take leadership roles in key policy areas. New Federalism. Says anything not stated in the constitution is a reserved power for the states. New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states. ... As a policy theme, New Federalism typically involves the federal government providing block grants to the states to resolve a social issue.

What action lead to the eventual implementation of Brown vs. Board of Education in the South?

Dwight Eisenhower sending federal troops to escort African American students to their new schools.

How was representation assigned under the Articles of Confederation?

Each state had one vote, but states could send between two to seven delegates.

What did the government look like under the Articles of Confederation?

Each state had one vote, but states could send between two to seven delegates. QQQQQQQQQQQQQQQQQQQQQ Congress could NOT collect taxes.

How much does it cost to run?

Elections $1.7 Million to win a US House of Reps seat. $10.5 Million for a US Senate seat. Split outcomes between president and congressional vote decreasing.

What is eminent domain

Eminent Domain :::::::::::::::::::::::::::::::::::!!!!!!!!!!!!!!!!!!!!!!!!!!!! the right of a government or its agent to expropriate private property for public use, with payment of compensation. Sixth Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Can have a lawyer during the plea bargain phase. Let the states generally pick the pool and what sort of majority is needed. Jurors can be removed, but not on the basis of race and sex.

Employment Division vs. Smith (Basics of each court case, check the book and lecture).

Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious Campaign Finance Campaigns need money to survive. Not much public financing in the US. Is money speech? Campaign Finance Continued Expenditure Limits Tax and expenditure limits (TELs) restrict the growth of government revenues or spending by either capping them at fixed dollar amount or limiting their growth rate to match increases in population, inflation, personal income, or some combination of those factors. Public Financing Contribution Limits Disclosure Law Religion "Wall of Separation" not technically in the Constitution. It is implied from readings of Jefferson and Madison. Establishment of religion clause and the free exercise clause.......................... The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free-exercise clauses of state constitutions which protected religious "[o]pinion, expression of opinion, and practice were all expressly protected" by the Free Exercise Clause.[1] The Clause protects not just religious beliefs but actions made on behalf of those beliefs. More importantly, the wording of state constitutions suggest that "free exercise envisions religiously compelled exemptions from at least some generally applicable laws."[2] The Free Exercise Clause not only protects religious belief and expression; it also seems to allow for violation of laws, as long as that violation is made for religious reasons. In the terms of economic theory, the Free Exercise Clause promotes a free religious market by precluding taxation of religious activities by minority sects.[3] ....................... Constitutional scholars and even Supreme Court opinions have contended that the two religion clauses are in conflict. E.g., Thomas v. Review Board, 450 U.S. 707 (1981). As mentioned previously, the Free Exercise Clause implies special accommodation of religious ideas and actions, even to the point of exemptions to generally applicable laws. Such a special benefit seems to violate the neutrality between "religion and non-religion" mandated by the Establishment Clause. McConnell explains: ....................... If there is a constitutional requirement for accommodation of religious conduct, it will most likely be found in the Free Exercise Clause. Some say, though, that it is a violation of the Establishment Clause for the government to give any special benefit or recognition of religion. In that case, we have a First Amendment in conflict with itself—the Establishment Clause forbidding what the Free Exercise Clause requires.[4].............. The statute must have a secular legislative purpose. (Also known as the Purpose Prong). The principal or primary effect of the statute must not advance nor inhibit religion. (Also known as the Effect Prong) The statute must not result in an "excessive government entanglement" with religion. (Also known as the Entanglement Prong) Character and purpose of institution benefited. Nature of aid the state provides. Resulting relationship between government and religious authority. A law that is not neutral is "invalid unless it is justified by a compelling interest and is narrowly tailored to advance that interest." See Employment Division vs. Smith and Scalia's Ruling. Second Amendment The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Individual vs. collective rights theory. Group rights, also known as collective rights, are rights held by a group qua group rather than by its members severally;[1] in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves.[2] Group rights have historically been used both to infringe upon and to facilitate individual rights, and the concept remains controversial.[3] District of Columbia v. Heller, striking down a D.C. gun law, moved the interpretation to individual rights. District of Columbia v. Heller, 554 U.S. 570 (2008),[1] is a landmark case in which the Supreme Court of the United States held that the Second Amendment protects an individual's right to possess a firearm, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home, and that Washington, D.C.'s handgun ban and requirement that lawfully-owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Katz v. United States- Searchers beyond just physical space require a warrant. Mapp. V. Ohio (1961), improperly obtained evidence cannot be admitted in any trial. Relation to the "knock and announce" rule (Hudson v. Michigan). If it might be found anyway through proper means, then it could be introduced. Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Miranda v. Arizona: Policy custody is inherently threatening: confessions only can be used if they were told of the right to remain silent. Defendants must be warned that what they say can be used against them, they can end the interrogation, and have a lawyer present for any statements.

How long do recess appointments last for?

End of the Senate's next session.

How does the federal government coheres states to do what they otherwise wouldn't do?

Federal Government and Coercion ::::::::::::::::::::::::::::::::::::::::::::: Federal Government can make states do what they would not otherwise do. Usually involves threatening to cut, or give, money in the forms of block or matching grants. Sometimes, though rarely, this has been declared unconstitutional (as in almost never). SEE GOVERNING SLIDE 145

How often do Presidents veto legislation?

Fewer than ten per year.

The veto

Fewer than ten per year. ▶ Founding Fathers designed a system in the US which creates many veto points. The Veto Carries the weight of 2/3 of both Houses. Rarely overturned by Congress. https://www.senate.gov/reference/Legislation/Vetoes/vetoCounts.htm Signing statements can sometimes change the underlying meaning of the bill.

According to Calculus of Consent, simple majority rule will almost always do what?

Impose external costs on individuals.

Filibuster

Filibuster Used to be quite rare. For some time, the Senate did not even realize the option to filibuster existed. Increasingly used with time. Technically used for the minority party to have a say in policy. It is being chipped away slowly as the Senate becomes increasingly deadlocked. Cloture Motion- Rule XXII of the Senate Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, 16 is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question: Cloture Motion- Rule XXII of the Senate Continued ''Is it the sense of the Senate that the debate shall be brought to a close?'' And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn—except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting—then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.

Are LBGT rights becoming a consensus issue?

Gay Rights United States v. Windsor. United States v. Windsor, 570 U.S. 744 (2013), is a landmark civil rights case[1][2][3] in which the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. In the majority opinion, Justice Anthony Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity."[4] Religious beliefs and the First Amendment. Change of public opinion....nearly becoming a consensus issue for support. Hate crime protection expanded in 2009 to LBGT community by Congress. Consensus decision-making is a group decision-making process in which group members develop, and agree to support a decision in the best interest of the whole. Consensus may be defined professionally as an acceptable resolution, one that can be supported, even if not the "favourite" of each individual.

Why might congress give more powers to the bureaucracy

HISTORY OF BUREAUCRATIC DEVELOPMENT Early civil service under Washington. Spoils System. Reform after Grover Cleveland. Expansion from WWII. ATTRIBUTES OF THE BUREAUCRACY Slow Red Tape Inefficient Impersonal REASONS WHY POWER SHIFTED Not enough time for members to do everything. Laws are usually vague. Think about election motivation. Do bureaucrats make mistakes? BUREAUCRATIC BEHAVIOR Awareness of Incentives Five Idealized Types

What is an institution? What does it do?

HOW DO PEOPLE INTERACT WITH EACH OTHER? Framers designed a system based on certain assumptions about individual and collective action. Issues with collective action, "group benefits that individuals cannot achieve on their own." Institutional arrangements designed to help solve issues of collective action. QQQQQQQQQQQQQQQQQQQQQTthey CAN CHANGE ?????????????? ▪ Institutional arrangements designed to help solve issues of collective action. ▪ Shared concepts used by humans in repetitive situations organized by rules ,norms, and strategies- Ostrom ▪ Rules that govern social interactions, constraining behavior of and the options open to actors- Carey WHAT DO THEY DO? ▪ Political institutions establish guidelines for deliberation, the aggregation of preferences into collective decisions, and the implementation of those decision- Carey ▪ ***Institutions of government (Congress, unelected judiciary, staggered terms, limited authority, separation of powers). ▪ Can create deadlock! What Does Government Do? COERCION IN EVERY DAY LIFE Taxes. Speed Limits. Healthcare Mandate.

The role of the President to host ceremonies and present awards falls under what part of the job?

Head of State

What is the DREAM Act?

Hispanic Rights Immigration and the DREAM Act. Increased attention to our southern boarder with Mexico. Growing in importance as a voting block. The DREAM Act (acronym for Development, Relief, and Education for Alien Minors Act) is an American legislative proposal for a multi-phase process for qualifying alien minors in the United States that would first grant conditional residency and, upon meeting further qualifications, permanent residency. NEVER PASSED

According to the NCSL, Indiana has what legislative professionalism score?

Hybrid

Individual vs. collective rights theory and the second amendment

In 1939 the U.S. Supreme Court considered the matter in United States v. Miller. 307 U.S. 174. The Court adopted a collective rights approach in this case, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun "has some reasonable relationship to the preservation or efficiency of a well regulated milita . . . ." The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military. This precedent stood for nearly 70 years when in 2008 the U.S. Supreme Court revisited the issue in the case of District of Columbia v. Heller (07-290). The plaintiff in Heller challenged the constitutionality of the Washington D.C. handgun ban, a statute that had stood for 32 years. Many considered the statute the most stringent in the nation. In a 5-4 decision, the Court, meticulously detailing the history and tradition of the Second Amendment at the time of the Constitutional Convention, proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms and struck down the D.C. handgun ban as violative of that right. The majority carved out Miller as an exception to the general rule that Americans may possess firearms, claiming that law-abiding citizens cannot use sawed-off shotguns for any law-abiding purpose. Similarly, the Court in its dicta found regulations of similar weaponry that cannot be used for law-abiding purposes as laws that would not implicate the Second Amendment. Further, the Court suggested that the United States Constitution would not disallow regulations prohibiting criminals and the mentally ill from firearm possession.

Why was the constitutional convention called? Who called it?

In September 1786, at the Annapolis Convention, delegates from five states called for a Constitutional Convention in order to discuss possible improvements to the Articles of Confederation. On paper, Congress-the central authority-had the power to govern foreign affairs, conduct war, and regulate currency, but in practice these powers were sharply limited because Congress was given no authority to enforce its requests to the states for money or troops. By 1786, it was apparent that the Union would soon break up if the Articles of Confederation were not amended or replaced. Five states met in Annapolis, Maryland, to discuss the issue, and all the states were invited to send delegates to a new constitutional convention to be held in Philadelphia. ▶ May 25 to September 17, 1787, in Philadelphia, Pennsylvania to simply revise the Articles of Confederation. ▶ All states but Rhode Island in attendance. "Rhode Island ... still perseveres in that impolitic, unjust, and one might add without much impropriety scandalous conduct, which seems to have marked all her public councils of late." George Washington. ▶ Elected George Washington to preside. ...............Makeup ▶ Jefferson, John Adams, John Hancock, Patrick Henry, and Sam Adams not in attendance. ▶ 55 delegates attended in total of the 70 that were supposed to be sent. ▶ 17 were slave holders and eight signed the declaration of independence. ▶ Oldest- Ben Franklin at 81. ▶ Youngest- Johnathan Dayton at 26. ...............New Constitution ▶ Locke and popular sovereignty "For no government can have a right to obedience from a people who have not freely consented to it; which they can never be supposed to do, till either they are put in a full state of liberty to choose their government and governors, or at least till they have such standing laws, to which they have by themselves or their representatives given their free consent; and also till they are allowed their due property, which is so to be proprietors of what they have, that nobody can take away any part of it without their own consent, without which, men under any government are not in the state of freemen, but are direct slaves under the force of war." ▶ Montesquieu "When the [law making] and [law enforcement] powers are united in the same person... there can be no liberty" ▶ David Hume "For no government can have a right to obedience from a people who have not freely consented to it; which they can never be supposed to do, till either they are put in a full state of liberty to choose their government and governors, or at least till they have such standing laws, to which they have by themselves or their representatives given their free consent; and also till they are allowed their due property, which is so to be proprietors of what they have, that nobody can take away any part of it without their own consent, without which, men under any government are not in the state of freemen, but are direct slaves under the force of war."

What do we mean by divided government? How common is it?

In the United States,divided government describes a situation in which one party controls the executive branch while another party controls one or both houses of the legislative branch. increasingly more common in recent decades

What is the primary aspect of a Confederate Government?

Independent states delegate power to a central government.

What side of the Second Amendment debate did the Supreme Court support in the District of Columbia v. Heller decision?

Individual Rights.

Where is the "wall of separation" of church and state mentioned in the US Constitution?

It is implied, not expressly stated.

Which of the following powers is not explicitly granted in the US constitution?

Judicial Review

What statement most accurately depicts the War Powers Act?

No real effect at stopping armed conflict. 1973 is a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress.

War Powers Resolution of 1973

No real effect at stopping armed conflict. --------------------- :) 1973 is a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. War Powers Resolution of 1973 Intended to check the powers of the President after Vietnam. President can only send troops through "statutory authorization," or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." President has to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days without Congressional authorization. Congress has yet to cut funding to our missions.

What did Yakee and Yakee demonstrate about the relationship between businesses and bureaucracies?

Nonbusiness commenters had little influence over formal rules.

What does the constitution say about DC and its lawmaking powers? What about funding the army and titles of nobility? Gold and the states?

Oddities you may not know of! :::::::::::::::::::::::::::::::::::::::::::: The Congress shall have Power To ...raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. The Congress shall have Power To ...exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States.... No State shall...coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts....

What department is the primary way Presidents use to control the Bureaucracy?

Office of Management and Budget

Committee and chair selection

Powers of Congress The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; .................Continued To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and Post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; ....................Still Continued..... To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; WHEN DOES IT STOP? To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Republican Conference vs. Democratic Caucus. Senator Wesley L. Jones of Washington passed in the Conference without objection: "To make clear and beyond question the long-settled policy of Republicans that our Conferences are not caucuses or of binding effect upon those participating therein but are meetings solely for the purpose of exchanging views to promote harmony and united action so far as possible, "Be It Resolved: That no Senator attending this Conference or any Conference held hereafter shall be deemed to be bound in any way by any action taken by such Conference, but he shall be entirely free to act upon any matter considered by the Conference as his judgment may dictate, and it shall not be necessary for any Senator to give notice of his intention to take action different from any recommended by the Conference." http://www.republican.senate.gov/public/_cache/files/65589e31-c184-4c95-9947-770f1b3998c1/A669DDFC6A0CAF777199282DC623467F.conference-rules-2015.pdf Rules of the Chamber Both the House and Senate have their own rules. These rules are exceptionally different. House is majority control, Senate gives more authority to each individual and the minority party (this is waning).

According to the Supreme Court, how is obscene speech typically restricted?

Primarily through community standards and what the "average person" may deem obscene.

Is privacy in the constitution?

Privacy The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Without certain implied rights, others may be insecure. Roe v. Wade. Legal Definition of Roe v. Wade. 410 U.S. 113 (1973), established a woman's right to have an abortion without undue restrictive interference from the government. The Court held that a woman's right to decide for herself to bring or not bring a pregnancy to term is guaranteed under the Fourteenth Amendment. Informational Privacy. nformation privacy is the privacy of personal information and usually relates to personal data stored on computer systems. The need to maintain information privacy is applicable to collected personal information, such as medical records, financial data, criminal records, political records, business related information or website data. Information privacy is also known as data privacy.

Discharge petition

Protections for members. Discharge Petition- Majority of members sign a petition to get a bill out of committee and onto the floor. Motion to Recommit.

Function of the Executive Office of the President

Public Opinion State of the Union. Going public- promote their policies to the public. 24 Hour News Cycle. Election consequences. Institutional Presidency Originally the President did not get much help..... Staff grew significantly while Franklin Roosevelt was President. Brownlow Committee reviewed the office of the President in 1937. Created the Executive Office of the President of the United States. Headed by the Chief of Staff. What are these offices? Council of Economic Advisers Council on Environmental Quality Office of Management and Budget* Office of National Drug Control Policy Office of Science and Technology Policy Executive Residence National Security Council Office of Administration ​Office of the Vice President Office of the United States Trade Representative White House Office President's Intelligence Advisory Board Role of the United States Senate on Personnel Approximately 1200-1400 positions appointed by the President require approval by the Senate. Includes cabinet, all courts, deputy administrators, the under secretaries, commissioned officers, independent agencies, special committees etc. Does not include certain positions like the Chief of Staff and White House Press Secretary.

President and the power to declare war and Congress

QQQQQQQQQQQQQQQ The President may recognize governments at their will. SEE War Powers Resolution of 1973 ??????????????????????????????? Commander in Chief Only Congress can declare war. This does not mean, however, that this ends the President's ability to send the US Military into combat (examples, Vietnam, Iraq, Afghanistan). Technically, we can be an a full armed conflict without formal declaration of war.

Types of bureaucrats and their functions

QQQQQQQQQQQQQQQQ MOST COMMON: Conservers What department is the primary way Presidents use to control the Bureaucracy? Office of Management and Budget ????????????????????????????? TYPES Climbers Conservers Advocates Zealots Statesmen Purely self-interested officials are motivated almost entirely by goals that benefit themselves rather than their bureaus or society as a whole. These come in two sub-types: Climbers (they consider power, income, and prestige all-important in their value structures). Conservers consider convenience and security all-important Zealots are loyal to relatively narrow policies or concepts, such as the development of nuclear submarines. Advocates are loyal to a broader set of functions or to a broader organization than zealots. Statesmen are loyal to society as a whole. -------------------------------------- Climbers: In search of promotions, he seeks to aggrandize his current office/income and find new opportunities above it (or outside the bureau). Conservers: Motivated by job security and convenience, they strongly oppose any losses in their existing power, income, and prestige but do not actively pursue more of these "goods". Advocates: As partisans, advocates promote everything they can within their jurisdiction. They have the tendency toward two-faced attitudes: each advocate is highly partisan externally, but an impartial arbiter internally. Zealots are poor general administrators because of the narrowness of their interests. They antagonize other officials by their refusal to be impartial. They are almost never assigned to high-level administrative or command positions. Statesmen: "Natural" statesmen are doomed to be misfits in office. Most are forced by the exigencies of their positions to behave like some other type (usually advocates).

How does the Supreme Court argue about the constitutionality of Affirmative Action?

QQQQQQQQQQQQQQQQ What decision ruled that Michigan's Affirmative Action ban was constitutional? Schuette v. Coalition to Defend Affirmative Action ???????????????????????????????? Affirmative Action Diversity is an integral part of a university's mission and success. Largely upheld by the US Supreme Court (Fisher v. Texas). Gratz v. Bollinger- U of M point system "ensures that the diversity contributions of applicants cannot be individually assessed." States can remove it from their policies. (Schuette v. Coalition to Defend Affirmative Action, 572 U.S. ___ [2014]) Women's Rights Right to vote was ratified August 18, 1920, after the first woman was elected to Congress in 1917. Equal pay issues. Pregnancy Discrimination Act (1978) and the Medical Leave Act (1993). Still no paid parental leave.\ Programs of private and public institutions favoring minorities and women in hiring and contracting, and in admissions to colleges and universities, in an attempt to compensate for past discrimination or to create more diversity

Why was Britain so angry with us at first?

QQQQQQQQQQQQQQQQQ The refusal of six colonies to send delegates to the Albany Convention to provide more resources for defense. ??????????????????????????

What is filling the tree?

QQQQQQQQQQQQQQQQQQ The Majority Leader blocking the minority party from offering amendments. ????????????????????????

How well are minorities represented in Congress?

QQQQQQQQQQQQQQQQQQ What is "Filling the Tree"? The Majority Leader blocking the minority party from offering amendments. ??????????????????????????? Demographics of the US 2010 U.S Census Self-identified race Percent of population White alone 72.4% Black or African American 12.6% Asian 4.8% Native American and Alaska Natives 0.9% Native Hawaiians and Other Pacific Islanders 0.2% Two or more races 2.9% Some other race 6.2% Total 100.0% Hispanic and Latino Americans (of any race): 16.3%[12] .............................................................. Representation in Congress- African Americans::::::::::::::::::::::::::::::::::::::::::: 9.6% of Congress is African American, 49 in the House and 3 in the Senate. Forty-seven of the African American House Members, including 2 Delegates, are Democrats, and 2 are Republicans. Two Senators are Democrats and one is Republican. Hispanic/Latino Representation::::::::::::::::::::::::::::::::::::::::::::::::::::::: There are 45 Hispanic or Latino Members in the 115th Congress, 8.3% of the total membership. Forty serve in the House and 5 in the Senate. 29 are Democrats (including 1 Delegate) and 11 are Republicans (including the Resident Commissioner). Asian Representation 3.3% of the total membership of Congress. Fifteen of them (14 Democrats, 1 Republican) serve in the House, and 3 (all Democrats) serve in the Senate. Define Civil Rights Civil Rights and Liberties are oftentimes placed side by side. Liberties: "Constitution's protections from government power, meaning the government may not take these freedoms." Rights: "Represent those protections by government or that government secures on behalf of its citizens." Civil Rights of African Americans Slavery plagued the United States for centuries, even when at one point a majority opposed it. Thus, the minority could veto the majority in essence. Constitution reserves certain powers to the states. States control elections and voting eligibility. History Soon after the expiration of the constitutional ban on regulating slavery, Congress banned further importation of slaves. South was not really against this move. Attempted balance in the Senate between slave and free states. This was thrown into the air in 1819 when Missouri asked to be admitted as a slave state. Missouri Compromise of 1820 Admitted Maine as a free state, maintaining Senate balance. No states north of Missouri's southern border could be admitted as a slave state. SEE SLIDE 87 THE MISSOURI COMPROMISE AND THE STATE OF THE UNION

How does the Supreme Court treat obscenity?

QQQQQQQQQQQQQQQQQQQ According to the Supreme Court, how is obscene speech typically restricted? Primarily through community standards and what the "average person" may deem obscene. ?????????????????????????????? SHORT History Lesson (Again) Originally the Constitution did not include the Bill of Rights and Madison was against including one. Had to be added with the first Congress. Barron v. Baltimore....originally only applied to the Federal Government. Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. Fourteenth Amendment obviously applied to the state governments. About our Rights The Constitution is an exceptionally vague document. Strict Construction vs. Living Document. strict con·struc·tion nounLAW a literal interpretation of a statute or document by a court. Supreme Court has ultimate say on interpreting where the constitution applies. Freedom of Speech Congress shall make no law ..... abridging the freedom of speech. Violent speech not protected. "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." https://www.oyez.org/cases/2014/13-983 Obscenity Passed down to the states and local governments. Exceptionally hard to define. How do we deal with the internet?

Differences in powers Republican and Democrats within the party

QQQQQQQQQQQQQQQQQQQ What is the most significant difference between the Democratic Caucus and Republican Conference? Decisions of the Republican Conference are non binding. ???????????????????????????????? Amendments Usually do not need to be germane. (relevant to a subject under consideration.) Senators can offer as many amendments as they desire. Filling the tree by the Majority Leader to block the minority party. Oddities....... Notwithstanding any other provision of the rules, when the Senate is in session, no committee of the Senate or any subcommittee thereof may meet, without special leave, after the conclusion of the first two hours after the meeting of the Senate commenced and in no case after two o'clock postmeridian unless consent therefor has been obtained from the majority leader and the minority leader (or in the event of the absence of either of such leaders, from his designee). The prohibition contained in the preceding sentence shall not apply to the Committee on Appropriations or the Committee on the Budget. The majority leader or his designee shall announce to the Senate whenever consent has been given under this subparagraph and shall state the time and place of such meeting. The right to make such announcement of consent shall have the same priority as the filing of a cloture motion. .................... Continued When the yeas and nays are ordered, the names of Senators shall be called alphabetically; and each Senator shall, without debate, declare his assent or dissent to the question, unless excused by the Senate; and no Senator shall be permitted to vote after the decision shall have been announced by the Presiding Officer, but may for sufficient reasons, with unanimous consent, change or withdraw his vote. No motion to suspend this rule shall be in order, nor shall the Presiding Officer entertain any request to suspend it by unanimous consent. GOP Side Majority leader is not the chair of the Conference. Separate Policy Committee. A Committees- Half Nominated by Leader, other by Committee on Committees (appointed by Conference Chair). Must be approved by the Conference (formal and written). Other Committees- Nominated by the Leader. All committee members appointed through seniority formula. Non binding decisions.!!!!!!!!!!!!!!!!!!!! Rules formally written down. Dem Side Steering and Outreach Committee headed and appointed by the Democratic Leader, with approval by the Caucus.(((((((((((((((((((( in some US states) a meeting at which local members of a political party register their preference among candidates running for office or select delegates to attend a convention. "Hawaii holds its nominating caucuses next Tuesday" 2. a conference of members of a legislative body who belong to a particular party or faction. Like the Republicans, they have a separate Policy Committee. Cannot serve on the Policy Committee and Steering and Outreach Committee at the same time. All committee appointments made by the Steering and Outreach Committee. Senators' preferences, state demographics, length of time since the state was last represented on the committee, perceived willingness to support the party, policy views, and personal and occupational backgrounds. Personal intervention, by the requesting Senator or another Senator, is sometimes helpful. Two Democrats from the same state cannot serve on same committee usually.

Head of state vs head of government

QQQQQQQQQQQQQQQQQQQQ The role of the President to host ceremonies and present awards falls under what part of the job? Head of State ??????????????????????????????? The President as the Head of State Many countries have a separate head of state and government (UK). Head of State Continued Able to receive Ambassadors and other Foreign Ministers. Technically can decide which nations to have formal ties with (examples, Israel, Taiwan, Cuba). Senate approval is required for treaties with a 2/3 vote. Can POSSIBLY leave treaties without Congressional approval (Goldwater v. Carter [1979]). Executive Agreements. Head of State vs Head of Government Head of state and Head of Government, in a Parliamentary form of government, are two different people performing two very different duties. The Head of State has more ceremonial duties, while the Head of Government is responsible for running the government of a country with the approval of his or her cabinet. Head of State In a monarchy, federation, republic, commonwealth or any other form of state, the Head of State serves as an individual who is the chief public representative. The Head of the State is considered the first citizen, or the leader of the nation. His or her role is ceremonial; for example, In the U.K and Japan, the head of the state is a Monarch. In Germany, the President is elected as the Head of the state. The main role or duty of the Head of the State, involves attending political functions, exercising political powers, and legitimizing the state. These functions include greeting foreign dignitaries, and calling sessions of parliament. The Head of State also has the power to call for early elections. In some countries the Head of State can call for a President's rule in emergency situations. He or she is responsible for signing off on all laws passed, in parliamentary form of government. The Head of the State is the Chief of the Armed Forces. In Presidential form of government like in the USA and in South Korea, the President is the Head of the State and serves the country as the chief executive. He is the commander-in-chief of the armed forces. The Head of State supervises various facets of bureaucracy, but does not have the responsibility of the chief legislator. Head of the Government In a parliamentary form of government, the Prime Minister or Premier is the Head of the Government. He is the leader of the ruling party and is the chief of the executive branch. He presides over a cabinet. In the Presidential form of government and absolute monarchies, the Head of the Government and the Head of the State are the same individual. The duties and responsibilities of the Head of the State include implementing laws, supervising bureaucracy, and making all-important decisions with the approval of the cabinet. He/she is also the head of the legislature. In the presidential form of government, the President is not a member of the legislature, thus he is not the head. Summary In a monarchy, federation, republic, commonwealth or any other form of state, the Head of the State is an individual who is the chief public representative. In a Parliamentary form of government, the Prime Minister or Premier is the Head of the Government. He is the leader of the ruling party and is chief of the executive branch. The main roles or duties of the Head of the State include exercising political functions and political powers, and legitimizing the state. Head's of State are largely ceremonial; the duties and responsibilities of the head of the State include, implementing laws, supervising bureaucracy, and making all-important decisions with the approval of the cabinet. In the Presidential form of government, the President, who is the head of the State, as well as the Head of the Government is not the chief legislator. In parliamentary forms of government the PM ,who is the head of the government, is a member of the legislature, thus being the chief of the legislative branch .

What event in the 1960 election solidified the African American vote shift from Republican to Democratic?

QQQQQQQQQQQQQQQQQQQQ What event began shifting the African American vote from Republican to Democratic? Barry Goldwaters Nomination (1964) ????????????????????????????? 1960 Election Kennedy vs Richard Nixon. Lyndon B. Johnson selected to be running mate from Texas. Kennedy successful in securing release of Martin Luther King Jr from a Georgia prison, arrested for taking part in a sit in. http://www.thekingcenter.org/archive/document/letter-richard-nixon-mlk-1 http://www.pbs.org/wgbh/roadshow/stories/articles/2011/5/23/mlks-take-richard-nixon 1964 Civil Rights Act Started by John F. Kennedy by committing the party to civil rights in 1963. Kennedy is assassinated, Lyndon B. Johnson sees the final legislation through opposition by Southern Democrats. Authorized the national government to end segregation in public education and public accommodations. Vote Totals, Civil Rights Act of 1964 The original House version: Democratic Party: 152-96 (61-39%) Republican Party: 138-34 (80-20%) Cloture in the Senate: Democratic Party: 44-23 (66-34%) Republican Party: 27-6 (82-18%) The Senate version: Democratic Party: 46-21 (69-31%) Republican Party: 27-6 (82-18%) The Senate version, voted on by the House: Democratic Party: 153-91 (63-37%) Republican Party: 136-35 (80-20%) Shift in the Republican Party Election of Barry Goldwater as the Republican Nominee. Strongly opposed the New Deal. Opposed the Civil Rights Act and desegregation as well. Strong critic of Eisenhower, called him far too liberal. Lost heavily to Lyndon B. Johnson in 1964. Voting Rights Act Department of Justice (DOJ) to suspend voting tests (such as literacy tests and poll taxes etc.). Changes to election procedures had to be approved by the DOJ in affected areas. As noted by the article for this week, these districts saw an increase in substantive representation. Shelby County v. Holder, 570 U.S. 2 (2013) struck down most of its enforceable sections.

Miranda v. Arizona

QQQQQQQQQQQQQQQQQQQQ What must happen for an individual to be protected by Miranda? They must unambiguously invoke the right to Miranda protections. ?????????????????????????????

What is the tenth amendment?

QQQQQQQQQQQQQQQQQQQQQ Commerce Clause ??? section of the constitution THAT is arguably the most explicit endorsement of federalism? ?????????????????????????????? The Tenth Amendment, or Amendment X of the United States Constitution is the section of the Bill of Rights that basically says that any power that is not given to the federal government is given to the people or the states.

Nuclear Option

QQQQQQQQQQQQQQQQQQQQQ What occurs when the nuclear option is taken in the Senate? The presiding officer's decision that the 60 vote threshold is needed to end debate is overturned by a majority vote. ????????????????????????????????? Nuclear Option- Rule XX A question of order may be raised at any stage of the proceedings, except when the Senate is voting or ascertaining the presence of a quorum, and, unless submitted to the Senate, shall be decided by the Presiding Officer without debate, subject to an appeal to the Senate. When an appeal is taken, any subsequent question of order which may arise before the decision of such appeal shall be decided by the Presiding Officer without debate; and every appeal therefrom shall be decided at once, and without debate; and any appeal may be laid on the table without prejudice to the pending proposition, and thereupon shall be held as affirming the decision of the Presiding Officer. 2. The Presiding Officer may submit any question of order for the decision of the Senate. The nuclear option is a parliamentary procedure that allows the United States Senate to override a rule - specifically the 60-vote rule to close debate - by a simple majority of 51 votes, rather than the two-thirds supermajority normally required to amend the rules.

What are the four types of representation? How does the VRA help out substantive representation?

QQQQQQQQQQQQQQQQQQQQQ What statement is true about the Voting Rights Act and Substantive Representation? The VRA was more effective in more competitive districts. ??????????????????????????????? Four Types of Representation :::::::::::::::::::::::::::::::::::::::: Formal Representation: The rules and procedures how representatives are chosen. Right to vote, legally able to get elected to political office. How many are actually able to participate? Descriptive Representation ::::::::::::::::::::::::::::::::::::::::::::: Descriptive similarity between representatives and constituents. Not enough to simply give legal ability to be represented. Does not directly translate to remedies to our problems. Substantive Representation :::::::::::::::::::::::::::::::::::::::::::: Are interests actually represented in government? How responsive is government to citizens needs and concerns? Must be advocacy in the political arena. Symbolic Representation :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Words and symbols that represent groups. Produces emotional responses from those being represented of being included.

Imagine that a US Senator returns to their state and decides to wear a t shirt from a local sports team. What kind of representation is this?

Symbolic

Powers of the Speaker of the House vs Senate Majority Leader

QQQQQQQQQQQQQQQQQQQQQ What unwritten power gives the US Senate Majority Leader their influence? Right to speak at anytime they choose ????????????????????????????? Leadership of the Senate Vice President does not hold power in the Senate. Only presides for tie breaking votes or other ceremonies. Constitution calls for a President Pro Tempore to be elected. President Pro Tempore used to be elected regularly. Now, goes to the most senior member of the majority party. President Pro Tempore, however, rarely presides and is not the de facto leader of the chamber. Actual Leadership The Majority Leader is the true power in the Senate. Is recognized first, and at any time, for all motions. This is through precedent, not formal rules. Rules of the Senate 44 Standing Rules These are not the only rules! Most of the rules of the Senate are unwritten. Committees May serve on 2 A Committees, 1 B Committee, and as many C Committees as they desire. Seniority matters quite a bit on making appointments. Date elected, years serving as member of the House of Reps, Cabinet Member, or Governor, then population of the state they serve. A Committee List "A" COMMITTEES - Agriculture, Nutrition, and Forestry - Appropriations* - Armed Services* - Banking, Housing, and Urban Affairs - Commerce, Science, and Transportation - Energy and Natural Resources - Environment and Public Works - Finance* - Foreign Relations* - Health, Education, Labor, and Pensions - Homeland Security and Governmental Affairs - Judiciary - Select Committee on Intelligence B Committee List "B" COMMITTEES - Budget - Rules and Administration - Small Business and Entrepreneurship - Veterans' Affairs - Special Committee on Aging - Joint Economic Committee Appointment GOP- Half appointed by Leader, other by Committee on Committees (appointed by Conference Chair). Must be approved by the Conference (formal and written). Dems- Steering and Outreach Committee. Require approval from full chamber. Unanimous Consent Much of the work conducted in the Senate is performed by unanimous consent. Joint agreement of the Majority Leader and Minority Leader needed for many administrative decisions. Usually used to bring a bill up for debate on the floor. Example https://www.youtube.com/watch?v=T2akhiC8hIk Debate Debate in the Senate is unlimited on all motions. No time limits are placed on members. Members can then speak for as long as they desire to stop a vote from occurring. Two track system in place since the 1970s so this does not end all business before the Senate. Debate continues until cloture motion is filed..... (in a legislative assembly) a procedure for ending a debate and taking a vote.

Was reconstruction a failure or success? Why?

QQQQQQQQQQQQQQQQQQQQQ What was NOT a reason that Reconstruction is considered to be a failure? The Southern States were reintegrated into the Union too slowly after the Civil War. ???????????????????????????????? Election of Abraham Lincoln Not in the ballot in any southern state. South broke away, starting with South Carolina. Established the Confederate States of America. Reconstruction 1865 to 1870, slaves were formally emancipated (Thirteenth Amendment), granted citizenship (Fourteenth Amendment), and guaran- teed the right to vote (Fifteenth Amendment). Freeing slaves and granting citizenship were two different things. Very few Northern states gave African Americans the right to vote. Reconstruction Continued Lincoln was assassinated, and Jackson was a Democrat who wanted quick readmission for the Southern States. Republicans had veto proof majorities in Congress. Passed the Reconstruction Acts which placed all southern states but Tennessee into five military control zones. Each state had to approve the fourteenth amendment have new constitutions approved by Congress. Failure of Reconstruction Democrats seized control of the southern state legislatures. Republicans lost congressional majority in 1874 due to recession. Democrats did not want to continue military presence in the South. 1876 presidential election, Hayes v Tilden, effectively brought an end to reconstruction. The results of the election remain among the most disputed ever, although it is not disputed that Tilden outpolled Hayes in the popular vote. ... An informal deal was struck to resolve the dispute: the Compromise of 1877, which awarded all 20 electoral votes to Hayes.:) Old state constitutions in the south replaced with Jim Crow laws enacted with relative speed. Plessy v Furgeson in 1896 with "separate but equal." Role of the Great Depression ::::::::::::::::::::::::::::::::::::::::::::: Great Depression hit under President Herbert Hoover. Roosevelt under the New Deal provided economic relief to African Americans. Nondiscrimination language to a score of public laws creating federal programs. 1941 executive order banning discrimination in federal agencies and established the Committee on Fair Employment Practices. A Shift in National Politics, Civil Rights Act of 1957 and Brown v. Board of Education of Topeka. Brown v. Board of Education of Topeka d Drafted by Eisenhower's Attorney General Herbert Brownell. Check the New York Times for this http://www.nytimes.com/1996/05/02/us/herbert-brownell-92-eisenhower-attorney-general-dies.html?mcubz=3 Prohibitions against intimidating, coercing or otherwise interfering with the rights of persons to vote for the President and members of Congress. Federal judges were permitted to hear cases related to the act with or without juries. Commission on Civil Rights and the office of Assistant Attorney General for Civil Right. Vote Totals, Civil Rights Act of 1957 Passed the House of Reps 285 to 126 (Republicans 167-19 for, Democrats 118-107 for). Passed the Senate 72 to 18 (Republicans 43-0 for, Democrats 29-18 for). Signed by Eisenhower on September 9, 1957. Problems with the Civil Rights Act of 1957. Provisions were relatively weak. African American voting had increased by only 3%. Was very difficult to enforce due to alterations by Congress.

Judicial review and the constitution.

QQQQQQQQQQQQQQQQQQQQQ not explicitly granted in the US constitution? ?????????????????????? ...............The Judicial Branch ▶ Spent little time thinking about it. ▶ A bit surprising considering the Supremacy Clause. ▶ Establishes a supreme court with lower courts established by law. ▶ Judicial review not in there!!! Supremacy Clause - Legal Definition. n. The clause in United States Constitution's Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the "supreme law of the land."

What was the issue with Rhode Island and the constitutional convention.

QQQQQQQQQQQQQQQQQQQQQ refused to take part in the constitutional convention? ?????????????????? Amending the Constitution::::::::::::::::::::::::: Presented by a two thirds vote of both houses of Congress. Constitutional Convention called by Congress with petition of two thirds of the states. Approval by three fourths of the state legislatures or special constitutional conventions called by the states. Confirmation::::::::::::::::::::::::::: Taken away from the state legislatures- required nine of thirteen states. New constitution was not accepted by all. Anti federalists exceptionally worried that explicit checks on government power were not in the constitution. Some thought they were unnecessary. Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut quickly ratified the new constitution. Massachusetts compromise- the Bill of Rights. June 21, 1788, it was ratified by New Hampshire as the ninth state. Not all states ratified it by the time of the first presidential election (North Carolina and Rhode Island). Federal government threatened Rhode Island to severe commercial relations with the state. They approved the constitution on May 29, 1790. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Rhode Island, distrustful of a powerful federal government, was the only one of the 13 original states to refuse to send delegates to the Constitutional Convention

External s decision making costs

QQQQQQQQQQQQQQQQQQQQQAccording to Calculus of Consent, simple majority rule will almost always do what? Impose external costs on individuals. ??????????????????????????? An external cost or negative externality is a cost that a transaction or activity imposes on a party that is not part of the transaction or activity. In other words, it is a cost imposed on a party that cannot control whether or not the transaction or activity occurs Logic Behind This Idea Consider External Costs vs Decision Making Costs Decision-making costs—costs (for instance, time) of reaching agreement; these costs are generally smaller in a smaller body of decision makers. Externalities—external costs on non-consenting parties resulting from decisions made by the few in government. However, externalities give rise to private entrepreneurial behavior

What did Madison say about factions.

QQQQQQQQQQQQQQQQQQQQQHow did Madison argue against the idea that a "large Republic" could not survive? Diverse interests within a representative government will stop majority tyranny. ????????????????????? Logic of the Constitution ::::::::::::::::::::::::::::::::: Can a republic so large it cannot operate? Madison said no! Moderation of Representatives views to their constituencies. Could the many factions even build a majority to tyrannize the minority? Look at bicameralism and the House of Reps and Senate. Majority Tyranny? While majorities should rule, if left unchecked they will tyrannize the minority. If anything, minorities, in the form of narrow societal interests exercise greater influence than majorities because special interests control the public agenda

What is the relationship of local government and the US constitution.

QQQQQQQQQQQQQQQQQQQQQQQQ The US Constitution does not mention or deal with local governments. US Constitution and Local Governments ::::::::::::::::::::::::: The US Constitution describes the relationship between the federal government and the states. Dillons rule- Local governments are a creature of the states, not the federal government. State governments can change the nature of local governments at their will. States Vary Wildly on How Local Governments Operate (Indiana Example). ::::::::::::::::::::::::::::::::::::::::: Counties Townships Cities/Towns Other (School Districts etc). http://law.justia.com/codes/indiana/2012/title36/article1/chapter3

Death penalty and its relation to the Eighth Amendment

QQQQQQQQQQQQQQQQQQQQQUnder what circumstance was the death penalty declared unconstitutional? Discriminatory practices of sentencing, not of the death penalty itself. ?????????????????????????????? Eight Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Furman v. Georgia- Georgia law had large racial disparities in sentencing. Furman v. Georgia, 408 U.S. 238 (1972), was a criminal case in which the United States Supreme Court struck down all death penalty schemes in the United States in a 5-4 decision, with each member of the majority writing a separate opinion. Juvenile not convicted of murder should have right to parole. No execution of individuals with "mental retardation". Execution of juveniles (under 18) is unconstitutional.

Virginia Plan vs. New Jersey Plan

QQQQQQQQQQQQQQQQQQQQQVIRGINIA: a large state at the Constitutional Convention of 1787. ????????????????????????????? ................Virginia Plan ▶ Drafted by James Madison. ▶ Favored the larger states. ▶ Two chambers with proportional representation. ▶ Congress had national supremacy. ▶ Three year terms for lower house, seven year terms for upper house. ▶ Upper house chosen by the lower house from a list of nominees from the state legislatures. ▶ Executive and judiciary chosen by the national legislature. ▶ Council of revision could veto laws from the national legislature. ...........New Jersey Plan ▶ Favored by the smaller states. ▶ Equal representation for each state. ▶ Most of the same powers as under the articles, except added power to tax. ▶ Simple majority to enact legislation. ▶ Pluralized executive. ▶ Limited Supreme Court. .........................The Great Compromise ▶ Popularly elected House of Representatives based on population with 2 year terms. ▶ Senate with a rotating 6 year term elected by the state legislatures. ▶ House alone could initiate bills dealing with taxation. ▶ Majority vote in each chamber, not by state.

What is the tradeoff between conformity and transaction costs? Which did we trade off by going from the Articles of Confederation to the Constitution?

QQQQQQQQQQQQQQQQQQQQQWhen one goes up, the other goes down. ??????????????????????????????????????????????????????????? TRANSACTION COST ▪ Gathering Information ▪ Bargaining ▪ Legal Contacts ▪ Monitoring Agreement CONFORMITY COSTS ▪ Inversely related to transition costs. ▪ Obligates people to do things they may otherwise not do ***Our system transaction costs, not conformity costs.

How has the presidency changed with time?

Question Time! What does the president do? How powerful are they? Can they make things happen on their own? History of the Presidency Early presidents really were not that strong. Mostly there to manage a small but growing bureaucracy. 1800s saw the rise of Cabinet Government with Congress deferring policy to the various secretaries. Congress received most of the attention during this time except during election years. The Modern Presidency Grown substantially after the First World War. Idea of the "Imperial Presidency" in the 1960s and 1970s. Is the presidency though still no more than the "Clerk in Chief"?

What type of government did the Founding Fathers envision?

Republic

What state refused to take part in the constitutional convention?

Rhode Island

What unwritten power gives the US Senate Majority Leader their influence?

Right to speak at anytime they choose

Which committee is the ultimate gatekeeper in the House of Representatives?

Rules

What powers does the Vice President have in Congress? What about the President Pro Tempore.

SEE OTHER ^^^^^^^^^^^

What decision ruled that Michigan's Affirmative Action ban was constitutional?

Schuette v. Coalition to Defend Affirmative Action

In theory, what is a big culture difference between the House and the Senate?

Senate is meant to be more collaborative and less partisan.

Age lump phenomenon

THE AGE-LUMP PHENOMENON. Squeeze on members regarding promotion. Increasing age and frustration leads a high proportion of the bureau to become conservers. Climbers leave because of the squeeze on promotions, and generally speaking. Difficult to attract climbers to the bureau because they see the road upward as already clogged. A crisis of continuity occurs when the age lump arrives at retirement age, and all the top echelon positions are vacated, resulting in troubles involving control over policies and resources. FULL-TIME PERMANENT AGE DISTRIBUTIONS SEPTEMBER 2013 Age Count Percent < 20 139 0.1% 20-24 17,477 0.95% 25-29 111,124 6.07% 30-34 189,630 10.35% 35-39 185,663 10.14% 40-44 222,702 12.16% 45-49 280,102 15.29% 50-54 326,728 17.84% 55-59 270,061 14.74% 60-64 158,132 8.63% 65 or more 69,965 3.82% Total 1,831,723 100.00% Average Age 47.3

How was the Republican Party formed? Why?

Tensions Build Free Soil Party Compromise was falling apart. California asked to join as a free state, northerners upset with slave auctions in Washington D.C., and the south upset by the actions of the "Underground Railroad". New Compromise of 1850- The Fugitive Slave Law and territories could now decide which state to apply as. Foundation of the Republican Party::::::::::::::::::::::::::::::::::::::: Whig Party collapsed and fractured. Opposition to the Kansas-Nebraska Act of 1854. Free Soil, Free Labor, Free Men. Congregationalists and Presbyterians among them and (during the war), the Methodists, along with Scandinavian Lutherans. Supported by northern businessmen, industrialists, Whigs, and got some Dems to join by promising seats in Congress or Governorships. Expand the US banking system and railroads. Free market labor superior to slave labor.

Weaknesses and strengths of the document.

Text of the Articles- Weak Government ▶ Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. ▶ The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. Powers .... ▶ Could not levy taxes, only ask for money. This lead to the Continental Army to be short of money and resources for significant portions of time. ▶ Could not regulate interstate commerce or international trade. ▶ No executive. ▶ "To appoint one of their members to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years" ▶ Only judiciary established by the Articles dealt with cargo and piracy. ▶ No uniform currency: "The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective State. ▶ Amendments: "any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State." ▶ No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees or emolument of any kind. ▶ Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States. ▶ In determining questions in the United States in Congress assembled, each State shall have one vote. ▶ Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace. ▶ Congress was VERY Different^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Committee of States ▶ The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated 'A Committee of the States', and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction -- to appoint one of their members to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; ▶ The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said Committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled be requisite ........Debt ▶ All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged. ...........Successes ▶ Provided citizens "all the privileges and immunities of free citizens in the several states." ▶ We still won the Revolutionary War. ▶ Northwest Ordinance Act gave sovereignty to the national government and allowed for the creation of new western states rather than purely state expansion. .......... Articles of Confederation Failing ▶ Could not repay the debt. ▶ Trade issues among the states and with Europe. ▶ Boundary dispute between Virginia and Maryland about the Potomac River. ▶ Inability to put down popular discontent, particularly Shays Rebellion. Shays's Rebellion. An uprising led by a former militia officer, Daniel Shays, which broke out in western Massachusetts in 1786. Shays's followers protested the foreclosures of farms for debt and briefly succeeded in shutting down the court system.

What is cabinet government?

The 1800s were characterized by THIS power structure in the Presidency a government in which the real executive power rests with a cabinet of ministers who are individually and collectively responsible to the legislature.

What do we mean by Clerk in Chief?

The clerk, chief clerk, or secretary of a legislative chamber is the senior administrative officer responsible for ensuring that its business runs smoothly. This may encompass keeping custody of documents lain before the house, received, or produced; making records of proceedings; allocating office space; enrolling of members, and administering an oath of office. The clerk in some cases has a ceremonial role. A clerk may also advise the speaker or members on parliamentary procedure, acting in American parlance as a "parliamentarian". In the United States, while clerks are usually nonpartisan, they are often elected by the assembly members at the beginning of each term. At the federal level, and typically at state level, the lower house has a "(chief) clerk" while the upper house has a "secretary".

What is not true about institutions?

The don't change.

What is a major difference between our Congress and Parliamentary Systems?

The executive is elected by Parliament whereas the President is elected by the Electoral College.

What is the difference between Congress and a Parliament?

The executive is elected by Parliament whereas the President is elected by the Electoral College. ????????????????????????? There are two major differences between these two legislatures. First, Congress is truly bicameral whereas Parliament is not. In Congress, both the House of Representatives and the Senate must agree in order for a law to pass. The House of Lords, by contrast, cannot block bills except in very limited circumstances. In the United Kingdom, Parliament is sovereign and there exists no other institution with the power to strike down legislation in the same way as the US Supreme Court.

What occurs when the nuclear option is taken in the Senate?

The presiding officer's decision that the 60 vote threshold is needed to end debate is overturned by a majority vote.

What action(s) first strained the Colonies' relationship with Great Britain?

The refusal of six colonies to send delegates to the Albany Convention to provide more resources for defense.

The question posed by Rep Siegrist

UHHHHM IDK

What point was federal employment highest?

World War Two.

What was the Boston Tea Party?

a raid on three British ships in Boston Harbor (December 16, 1773) in which Boston colonists, disguised as Indians, threw the contents of several hundred chests of tea into the harbor as a protest against British taxes on tea and against the monopoly granted the East India Company. TAXATION W/O REPRESENTATION

Rules Committee

a special committee of a legislature, as of the U.S. House of Representatives, having the authority to establish rules or methods for expediting legislative action, and usually determining the date a bill is presented for consideration. QQQQQQQQQQQQQQQQQQ Which committee is the ultimate gatekeeper in the House of Representatives? RULES ??????????????????? Basics 100 members. 2 per state, statewide elections. Vice President is the President of the Senate. 6 year terms. 1/3 of the Senate elected every 2 years. Special Powers of the Senate Approve treaties with a 2/3 vote. Approve all presidential nominations, unless otherwise prescribed by law. Try impeachments from the House. As a Continuous Body Rules that continue from term to term. Not changed every 2 years like the House of Representatives. Reorganization of the Senate is relatively quick compared to the House of Representatives. Culture of the Senate Members have more autonomy. Supposed to.....I repeat SUPPOSED TO....get along more. More personal ties between the individual members due to the lower number of members and their longevity.

What is shirking? How is it related to the bureaucracy?

avoid or neglect (a duty or responsibility). "their sole motive is to shirk responsibility and rip off the company" synonyms: evade, dodge, avoid, get out of, sidestep, shrink from, shun, skip, miss; More be unwilling to do (something difficult). The balance in most principal-agent relationships lies on a continuum between these extremes. Mild examples of agency loss include various forms of shirking, or "slacking off." Our agents in the legislature might attend to their own business rather than to the public's, nod off in committee meetings, or accept Super Bowl tickets or golf vacations from someone who wants a special favor. Citizens warily appreciate the opportunities available to their agents in Washington to "feather their own nest." So voters are quick to respond to information, typically from opponents who covet the job, suggesting that the incumbent is not serving constituents well. Members of Congress who miss more than a few roll-call votes usually do so at their peril.

What is the Supremacy Clause and how does it relate to the states and local governments?

supremacy clause. A clause in Article VI of the U.S. Constitution that declares federal laws to have jurisdictional authority over state laws in the event there is conflict between laws established by two governing bodies. US Constitution ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 10th Amendment- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Supremacy Clause- This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Commerce Clause- [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Elastic Clause- The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

What is the fire alarm model? Why might it be used?

two kinds of oversight of executive agencies by Congress. Under the police patrol model, Congress provides resources for constant monitoring of bureaucratic behavior. Under the fire alarm model, Congress waits for complaints from constituents and groups in society about the bureaucracies and then holds them accountable. The fire alarm model is often the more efficient method of oversight. Police Patrol Oversight - centralized, active, and direct; Congress examines a sample of executive-agency activities, with the aim of detecting and remedying any violations of legislative goals and, by its surveillance, discouraging such violations. .................... Fire Alarm Oversight - less central and involves less active and direct intervention than police-patrol oversight: instead of examining a sample of administrative decisions, looking for violations of legislative goals, Congress establishes a system of rules, procedures, and informal practices that enable individual citizens and organized interest groups to examine administrative decisions (sometimes in prospect), to charge executive agencies with violating congressional goals, and to seek remedies from agencies, courts, and Congress itself.

What kind of powers did the original colonies have? How did this change over time.

• The original colonies were largely able to govern themselves (Kernell et. al.) • The British established legislatures in colonies quite early on. • The first colonial assembly met in Virginia in 1619 to promote economic stability because the colony was failing in its business ventures. This was soon followed by Bermuda in 1620 (Squire 2012). • South Carolina's took inspiration from Barbados (Kammen 1969). Boston Tea Party!!!!!!!!!!!!!

Know what the Articles of Confederation is.

▶ Congress created a committee to prepare a confederation that would be entered into by the colonies on June 11th, 1776. ▶ Articles were adopted by Congress on November 15th, 1777. ▶ Approval finalized on March 1st, 1781 by Maryland.

What did the original colonial governments look like?

▶ The governments that came in the colonies were not merely copies of the British Parliament (Squire 2012). ▶ Each established and designed around different pressures. ▶ Virginia was for business reasons; Massachusetts, Maryland, and Connecticut from public pressure. ▶ While each colony lacked a similar political culture, different political life, and different demographic, the early legislatures began to mimic each other. ▶ All developed into law making bodies at some point. Rise of Bicameral Elected Assemblies ▶ Virginia was immediate- two elected representatives per plantation and corporation along with the governor and councilors. ▶ New England had a governor, councilor, and assembly of freemen. Most important decisions made together as the General Court, even tough they were separate entities. ▶ https://malegislature.gov/ ▶ Eventually, it became impractical for all freemen to join the sessions, so communities elected representatives. ▶ Bicameralism emerged between members appointed by the crown/proprietors and elected members.