POSI Exam 3

Why was the 14th amendment enacted? What does the 14th amendment do?

-14th Amendment: -no STATE shall deny any person life, liberty or property without due process of law or deny any person the equal protection of the laws -Congress: "Shall have the power to enforce by appropriate legislation."

How was the Civil Rights Act of 1964 enforced?

-14th ammendment -no discrimination of any sort

Trace the evolution of the federal government's role in education, citing important legislation enacted over time and explaining what each act did.

-1862 Morrill Act -1785 Land Ordinance Act -Land Grant colleges -UT, TX A&M -GI Bill 1944 -$ for colleges -Kept ex-soldiers out of the economy -Post-war posperity -National Defense Education Act -$ for math and science -1965 Elementary and Secondary Education Act -Fed $ "impacted areas" -Why 65?? -federal $ made it easier to affect racial policies in schools -No child left behind act 2001 -Linked federal funding to performance of schools -Standardized tests -Non-performing schools could lose money or close. -Pro: accountability, some school choice -Con: teach to test, manipulation results

How many justices sit on the Supreme Court?

-9 are appointed by president for life

What is a means test? Is it politically significant that Social Security retirement policy does not have one?

-An official investigation into someone's financial circumstances to determine whether they are eligible for a welfare payment or other public funds. -Social Security expidentures could be reduced over the long term by applying a means test to retired workers and their dependants and beneficiaries otherwise eligible for benefits under the current program. Means testing would reduce or eliminate benefit payments to participants whose current income or assets exceed specified thresholds. -Dicensentives from saving and incentives for consumption -Potential for fraud and abuse of funds. -Erosion of public support for social security all together

Be able to discuss the membership on the US Supreme Court, how someone becomes a Supreme Court Justice, how the Supreme Court can hear cases, what type of jurisdiction it has, and how decisions are enforced.

-Appointed by president for life

Why do both liberals and conservatives like the Social Security program?

-Both parties are basically looking for the same thing in SS program just performed in different ways -left: program protected at all costs; provides safety net -right: program not financially stable; changes must be made for effifiency through privatization and/or allowing individuals to manage their own savings

What is the significance of the baby boom generation in terms of Social Security retirement policy?

-fixed since 1938, but has expanded since 1994 and now covers more people -likely to remain expensive -global business competition

The Bill of Rights protects defendants against unreasonable search and seizure and self incrimination. How have these rights been interpreted by case law (cite cases)?

-gideon v wainwright -escobedo v. illinois -miranda v. arizona

What is the relationship between crime and guns? How is that influenced by the Second Amendment?

-gun control reduces violent crime -right to bear arms

Of the drug policy options of interdiction, law enforcement, treatment, and prevention, which is utilized the most?

-interdiction and law enforcement

When deciding a case, judges and justices must strike a balance between what two values?

-there is community security, which focuses on making people as a community safe. This is balanced against the value of individual autonomy, where a person alone controls his or her life.

Why do some groups turn to the courts to make policy rather than lobbying the legislatures?

-things get done faster

What is legal precedent (stare decisis) with respect to the Supreme Court?

-things have been set in motion and do not need alterating fot the purpose that the system has worked out

Why is plea bargaining frequently employed by prosecutors?

-to threaten defendants with serious charges and stiff penalties to force a guilty plea

Is the Supreme Court's word final in its judgments on particular cases?

-no

Court Cases and terms to know (NOT AN EXHAUSTIVE LIST):

-Brown v. Board of Education 1954 -Barron v. Baltimore 1833 -Gitlow v. New York 1926 -Applied parts of the national Bill of Rts. to the states through the 14th amendment -14th Amendment: -no STATE shall deny any person life, liberty or property without due process of law or deny any person the equal protection of the laws -Congress: "Shall have the power to enforce by appropriate legislation." -Engel v. Vitale, 1962 -New York Board of Regents wrote -generic prayer for all schoolchildren to recite -San Antonio ISD v. Rodriguez, 1973 -Edgewood v. Kirby (Texas) -Test case -De jure and De facto segregation -HMO, PPO -litigiousness -longevity -Number of Texas counties, approximate number of Texas school districts -Civil disobedience -Warren Court (1953-1969) -John Roberts

How is Social Security a contributory program?

-Contributory programs include Social Security and Medicare, which are funded by taxes and are reconsidered annually for cost-of-living adjustments.

What is the COLA (Cost of Living Allowance) and how does it impact Social Security retirement benefits?

-Currently, Social Security annual COLAs (cost-of-living adjustments) are based on the consumer price index (CPI), which estimates the cost of all consumer items each year. -Over the years, the COLAs have improved the economic well-being of Social Security recipients relative to American workers. Second, the CPI has been shown to overestimate rises in the real cost of living. Overestimates in the CPI result in more generous COLAs each year. -In theory, Congress could limit benefits in several ways, for example, by raising the eligibility age for full retirement to 68 or 70, by limiting COLAs to the true increases in the cost of living for retirees, or by reducing benefits for high-income retirees.

Why is it difficult to evaluate education policy? What are the ways we measure education? What are problems with each method?

-Difficult because -Measurement of Education Policies -Expenditures -Teacher qualifications -Curriculum Rigor -Graduation rates -Employment rates -Standardized tests -All imperfect and have flaws

Historically health insurance in the US has been associated with employment. How did this happen and why is it important?

-Due to the 1951 Income Tax deductions for employers -For most Americans Employer plans

Explain education finance in the state of TX. Why is it so difficult for a democratically elected state legislature to deal with this issue?

-Financing the public schools has been a state/local mix -Prior to 1960s, very little federal aid -now fed. is ~10% -local districts assuming greater burden -Local governments' financing: -property taxes on real estate -by law only local source of $ -Vary greatly in property tax wealth. -Different districts-- different tax bases -Some rich, some poor. -Difficult for individual legislators to make decision -Politics of single member districts

What is the "3-legged stool" of retirement? How are changes in private sector retirement programs from defined benefit to defined contribution plans expected to influence the public sector Social Security program?

-For many years, an older metaphor was used to make this point. Social Security benefits were said to be one leg of a three-legged stool consisting of Social Security, private pensions and savings and investment. The metaphor was intended to convey the idea that all three approaches were needed to provide stable income security in retirement. -Reinhard A. Hohaus, who was an actuary for the Metropolitan Life Insurance Company, was the actual creator of this metaphor. -Stated "The first in order of time is individual insurance . . . the second, a variety of employee benefit plans of which Group insurance is an outstanding American contribution; and the third, social security"

How many Justices sit on the Supreme Court right now? Why is this a political issue?

-Has currently 8 justices and one vacancy due to passing of justice Antonin Scalilia -

Rising costs affect every aspect of health care policy. What are some of the reasons health care costs continue to rise?

-Increased Health Care Cost, Increased longevity -Costs greater than contributions -General Price Increase -Inflation -Population Changes -better medical care=more elderly -50% healthcare costs incurred in last months of life, Costs for Health Care in final years of living are VERY EXPENSIVE -Population Changes -# of elderly will double between now & 2030 -33 million to 66 million -Technology: Use is expensive -3rd party payers -Traditional insurance favored for hospitalization -Insured customers pay more to cover non-payers -Few care about costs if 3rd party pays -Increase in litigation, or a litigious society

Define civil liberties. What is the role of the Supreme Court regarding civil liberties?

-Legal and constitutional protections of individuals from the government -Makes judicial policy, but has no enforcement mechanism

How does Medicaid differ from Medicare? (Beneficiaries, financing, federal/state responsibilities- everything!)

-Medicaid is Federal state program of medical insurance for the POOR -Financing comes from general tax revenues -Fed sets overall standards, such as required services, & pays 1/2 or more of the expense -200% poverty level -STATES pay remainder, set eligibility standards, benefit levels -More comprehensive than Medicare, paying for Meds, Dental, Some nursing home care -Taking increasingly larger % of STATE budgets -Medicare is federal administrated medical insurance for the aged

What is Medicare and how does it work?

-Medicare provides prepaid hospital insurance and low-cost voluntary medical insurance for the aged, directly under federal administration. -Medicare requires patients to pay small initial charges or "deductibles"

Were there political advantages for Congress members who increased and expanded Social Security retirement benefits? Are there political disadvantages to those that advocate cuts?

-Most seniors, and their lobbyists in Washington, adamantly oppose any Social Security reforms that might reduce benefits.

How has the private sector (insurance industry) dealt with the issue of rapidly rising health care costs? What about the government?

-Over the years, various incremental modifications were made in both private and government insurance programs, including the growth of health management organizations (HMOs) designed to control costs. Other modest changes included a patient's bill of rights, portability of health insurance, and prescription drug coverage under Medicare. -Government has been unsuccessful in limiting cost -Private Sector -HMOs (Health maintenance organizations) have been extremely successful -The patient may have to pay a deductible for a percentage of the total bill—a "co-pay." -Must use Physicians -HMO member Doctors have incentive to keep cost down

What kind of reforms/policy alternatives are offered to address some of the problems in US healthcare policy?

-Policy Alternatives Pre ACA (Affordable Care Act): -Single payer plan (Universal Coverage) -Expanded government coverage -H.S.A. (Health Savings Account) -Tax incentives small business

How does the education finance battle in Texas illustrate the differing opinions about the respective roles of the legislature and courts in making public policy?

-Property poor districts challenged this system in 1968 in FEDERAL COURT. Edgewood ISD filed suit claiming inequality -The Federal Court Western District of Texas found system unconstitutional discrimination on basis of wealth. -Violated Equal Protection clause--14th amendment.

How does longevity affect Social Security policy? Go into detail.

-Raise the retirement age to 68 by 2050 and 69 by 2075; reduce annual cost-of-living increases; increase the amount of wage income subject to Social Security taxes; cut benefits to high income recipients.

What legislative act created Social Security? Who was president at that time? What did he say about the program?

-Social Security Act of 1935 -The federal government undertook to establish the basic framework for welfare policies at the federal, state, and local levels and, more important, to set forth a strategy for dealing with poverty. -He contended that it would eventually abolish the need for any public assistance program because individuals would be compelled to protect themselves against poverty. -ROOSEVELT

What are "vouchers" (school choice)? What are some arguments for and against the implementation of vouchers in public education?

-State gives student # of dollars it take to educate him; student uses those dollars anywhere -TX--$8,908 per student 2012 -For: -Can go to private/public school. (Or some variation) -Proponents say this allows poor students to escape bad schools. -Against: -Schools cant compare to market -Students can't come up with difference -Injects government $ into schools private schools -Religious issues: -Supreme Court let stand-- Milwaukee, Cleveland not establishment religion -Zelman v. Simmons-Harris, 2002

How are the states involved in healthcare?

-States are authorized by the Act to create health insurance exchanges to provide coverage for individuals and small businesses by pulling them into larger groups to purchase insurance from private companies. -States can refuse to participate, which might complicate the administration of a key provision of the Act. -BUT the federal government is authorized to step in where the states fail to create these exchanges.

What is AARP? How does it influence the Social Security policy debate?

-The American Association of Retired Persons -Senior citizens are the most politically powerful age group in the population. They constitute 28 percent of the voting-age population, but more important, because of their high turnout rates, they constitute nearly one-third of the voters on election day. Moreover, seniors are well represented in Washington; the American Association of Retired Persons (AARP) is the nation's single largest organized interest group. Most seniors, and their lobbyists in Washington, adamantly oppose any Social Security reforms that might reduce benefits.

What happens to surplus funds in Social Security?

-The Social Security Administration collects payroll taxes and uses the money collected to pay Old-Age, Survivors, and Disability Insurance benefits by way of trust funds. When the program runs a surplus, the excess funds increase the value of the Trust Fund. -Excess funds are used by the government for non-Social Security purposes, creating the obligations to the Social Security Administration and thus program recipients.

How is the Brown v Board 1954 decision an example of the Supreme Court depending on other institutions for enforcement? Why wasn't it enforced with all deliberate speed?

-The Supreme Court, by virtue of the American system of federalism and separation of powers, has little direct force at its disposal. -Thus, in deciding Brown v. Topeka, the Supreme Court struck down the laws of 21 states and the District of Columbia in a single opinion. Such a far-reaching decision was bound to meet with difficulties in implementation. In an opinion delivered the following year, the Supreme Court declined to order immediate nationwide desegregation but instead turned over the responsibility for desegregation to state and local authorities under the supervision of federal district courts. The way was open for extensive litigation, obstruction, and delay by states that chose to resist.

Be able to discuss the issue of prayer in school. What are some major court cases dealing with the issue? What is currently allowed?

-civil rights act of 1964 - engel v. vitale -1st ammendment

Who is Jonathan Gruber, and why were his statements controversial?

-claims "stupidity" is one reason health care was passed -arguably the best ammo critics have right now to paint the law as ambiguous, sloppy, and passed under false pretenses -also designed the gold standard in modeling software to game out the effect of different health insurance reforms in 2006 BEFORE Obamacare

Why is Obamacare so controversial? What kind of policy principles does this illustrate?

-The question was, is healthcare or are jobs more important? -Also the estimated cost of the plan is controversial as well Provisions: -Kept private insurance -Mandate: Individuals MUST have health insurance -Subsidies (less than 400% FPL) -Eliminated denial for pre-existing conditions -Extended dependent coverage -Health Insurance Exchanges: state, federal -Expansion of Medicaid (some states opted out) -Medicare payment changes (bundled) -Companies with at least 50 full-time employees must provide qualifying health benefits to workers or face financial penalties -Health insurance plans must cover contraceptives -(Burwell V Hobby Lobby 2014 overturned for closely held corporations) -21 tax hikes -Health insurance tax on "Cadillac" plans -Medical device manufacturers -Medicare payroll tax for those making over $200,000 -Implementation -Gradually -Good parts first, painful parts later -Waivers -Current Controversy/Case: -King v. Burwell 2015 -Plaintiffs contend people who buy coverage on the federal healthcare exchange are not entitled to subsidies because the law states that financial aid is available for those who enroll through exchanges "established by the State" -Only 14 states have their own exchanges

What is the rule of 4 with regard to the Supreme Court?

-The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari.

How is Social Security a "pipeline" or a "generational contract" rather than "insurance"?

-There are so many provisions since 1938 that is aiding in making SS a better program, ie how you spend your days working up until retirement

List and describe some potential reforms to Social Security. What are the advantages and disadvantages of each?

-There is no lack of reform proposals for Social Security. The problem is that no particular proposal enjoys widespread popular support. In theory, Congress could limit benefits in several ways, for example, by raising the eligibility age for full retirement to 68 or 70, by limiting COLAs to the true increases in the cost of living for retirees, or by reducing benefits for high-income retirees. -Or, Congress could increase Social Security revenues by raising the payroll tax rate, or by eliminating the cap on earnings that are taxed. But politically, such reforms are very controversial. -Various proposals to "privatize" all or part of Social Security represent yet another approach to reform. One idea was to allow the Social Security trust fund to invest in the private stock market with the expectation that stock values will increase over time. -A related idea is to allow American workers to deposit part of their Social Security payroll tax into individual retirement accounts to buy securities of their own choosing. Of course, such a plan would expose workers to the risk of bad investment decisions. -"Privatizing" social security does not seem to be popular with the American government.

Do most people in the United States have health insurance?

-Yes, even unemployed and poor are put on a federal state program called Medicaid. -Over 85% of Americans were covered by government or private sectors -Only 15% as of 2008 are uninsured

Explain SS payroll taxes for both workers and employers and the "cap" on their application.

-a 6.2 percent Social Security tax; -a 1.45 percent Medicare tax (the "regular" Medicare tax) -beginning in 2013, a 0.9 percent Medicare surtax when the employee earns over $200,000. -your obligation to withhold and to pay the Social Security tax for an employee ends once you've paid that employee total wages of $113,700.

What exactly is a school district? What kind of taxes does it utilize and why?

-a district whose public schools are administered together -the common types of taxes that many states impose are personal income tax, corporate income tax, sales tax, and real property tax

After a Supreme Court case decision, sometimes institutions respond differently. What are various ways institutions (and political culture) react to Supreme Court decisions?

-affirmative action as a result of past disrimination -strict scrutiny -affirmative action in hugher education -racial preferences

How has the federal role in law enforcement changed over time?

-any violent offense motivated by racial, religious, or ethnic anomosity is a hate crime subject to federal investigation and prosecution -organizing and communicating with others about the intent to commit a crime is a FEDERAL crime

What logic was used to incorporate the Bill of Rights to the states?

-application was in the case of Gitlow v. New York in 1925, applying the free speech provisions of the First Amendment against the state of New York. However, the first use of the Bill of Rights against a state occurred in the case of Chicago, Burlington and Quincy Railroad Co. v. City of Chicago, 1897, applying the Takings Clause of the Fifth Amendment against the city of Chicago.

What is the "broken windows" strategy in law enforcement?

-more arrests for petty offenses in order to not only improve the quality of life in the city but to lead to the capture of suspects wanted for more serious crimes

Be able to discuss the issue of Affirmative Action. What is it? Why is it controversial?

-opportunities versus results with inequalities -remedy for past discrimination -strict scutiny -higher education

What is the difference between equality of opportunity and equality of results?

-opportunity: to develop one's talents(individually), be rewarded for work and achievement -results: equal sharing of income, jobs, and materials regardless of one's condition in life

To what extent did elite and mass opinion conflict on the development of civil rights and affirmative action policy?

-opposition to civil rights will come from the uneducated white man as a result of fear -support of civil rights will grow from the community of the educated white man

List and describe the major events in the Black Civil Rights Movement.

-plessy v. ferguson(seperation of races) -brown v. board of ed.(seperation of races) -swan v. charlotte(seperation of races)

What other groups have capitalized on the success and strategies of the Black Civil Rights Movement?

-the courts -rep/dem parties

What is the Bill Of Rights? Who wrote it? What is its purpose in the Constitution? How did it come about? What does each amendment say/guarantee/do?

-the first 10 ammendments in the constitution -James Madison -in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power

What was the catalyst for the federal Religious Freedom Restoration Act? How did RFRA acts in the states evolve? What was such legislation a response to?

-the right to refuse service to gay people -dont ask dont tell -sexual harrassment -14th ammendment -clinton

How many counties are in the state of Texas?

254

Know all the court cases discussed in class. It is most important to know how the case was decided (the holding of the case). What did the Supreme Court rule in each case?

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Know court cases. What issues did they deal with? How did they rule? How will the cases likely influence decisions in the future?

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