PSCI 2306 3Wk1 Final Review
Redistricting in Texas
Occurs every 10 years and sees districts being redrawn to reflect population trends
Due Process Protections
* 5th amendment - prohibits the national government from acting in an unfair manner * 14th amendment - prohibits state and local governments from acting in an unfair manner
Jurisdiction of Federal Courts
*Cases involving federal law *Cases involving treaties U.S. has ratified *Cases involving interpretation of the U.S. Constitution
Function of Congress
-Writes the laws -Confirms presidential appointments -Approves treaties -Grants money -Declares war
14th Amendment
1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts
Organization of Texas Legislature
31 Senators, 150 Representatives
Citizens United v. FEC
A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Buckley v. Valeo
A case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.
Writ of Certiorari
A formal writ used to bring a case before the Supreme Court.
Issue network (iron triangle)
A relationship between interest groups, agencies, and congressional committees in a certain policy area
Right to Protest
A right that pressure groups possess, so long as the demonstration is peaceful. Pressure groups may use placards whilst protesting. E.g, the Stop the War Coalition holds demonstrations on many war-related issues, like Trident.
Definition of Federalism
A system of government that allocates power between national and regional/state/local governments
Decision making by members of Congress
A variety of factors go into the decision making by members. Members of Congress have to keep their constituents in mind, as well as media, party leadership, donors, etc.
2nd Amendment controversies
Increased mass shootings lead to the question of where the 2nd amendment should be limited. Very polarizing and fueled by interest groups
Ways in which Bureaucratic Power is limited
Accountability, budgets, elections
Management of Bureaucracy
Appoints leaders of different departments and agencies that manage the bureaucracy
Process of Ratification
Article 7 U.S. Constitution sets forth the requirements that 9 of 13 states must approve the Constitution
Pardons and Judicial Power
Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
How the bureaucracy implements laws
Because the Bureaucracy is an extension of the Executive, it is up to the Executive Branch to insure the laws are implemented
Structure of Congress
Bicameral: House of Representatives (435 Representatives) and Senate (100 Senators)
How a bill becomes a law
Bill is introduced in either house; sent to committee to be approved, rewritten, or killed; sent to the floor for debate and vote; sent to the other chamber for the same process; both houses pass the revised bill; sent to president for approval; president signs, (or, if vetoed, must have 2/3 vote of both houses to override); bill becomes a law
Different parts of the Federal Bureaucracy
Cabinet departments, independent executive agencies, independent regulatory agencies, government corporations, presidential commissions
Limitations on Presidential Power
Can be impeached, has to work with Congress, can have vetoes overwritten, limits the usage of troops, can have nominees denied, can have their budget denied
Growth of Bureaucracy
Change of Societal dynamics Industrial growth creates bureaucratic expansion..... Political pressures (rise of interest groups)
Role and responsibilities of the President
Chief of State (Attends ceremonies, represents the head of the US, gives speeches) Chief Executive (Head of executive departments and agencies, enforces national policy, appoints justices/judges and cabinet heads, carries out laws) Chief Diplomat (directs foreign policy, negotiates treaties) Chief Legislator (Suggests new laws they want passed, approves/vetoes bills passed by Congress) Chief of Economy (Plans national economic policy, proposes budget for federal government) Commander-in-Chief (Directs/Controls the nation's armed forces, uses military to keep order) Chief of Political Party (Leader of their political party, helps with campaigning and fundraising)
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Military Power of the President
Commander in chief, commit troops, expanded powers in time of crisis
Relationship between Bureaucracy and Congress
Congress monitors the Bureaucracy to insure agencies act properly and they have the ability to override the authority of the Bureaucracy when necessary
Duties and Responsibilities of the Texas Legislature
Consider proposed laws and resolutions, consider proposed constitutional amendments for submission to voters, apportion all funds for the operation of state government
Historical context and development of Texas Constitution and Features
Constitution of Coahuila y Tejas (1827) - Unicameral legislature that met annually from January through April and could be called into a special session, executive was a Governor and Vice Governor that were elected to 4 year terms via popular vote, established Catholicism as the state religion, common law The Republic of Texas Constitution (1836) - Largely modeled after the US Constitution, establishes bicameral legislature with a House and Senate (1 and 3 year terms respectively), executive elected via popular vote, recognized slavery, universal male suffrage, bill of rights, excluded citizenship to African Americans and Native Americans The State Constitution of 1845 (1845) - Similar to the 1836 Constitution, Legislature met every other year, Governor served 2 year terms with powers similar to the US President, AG and SecState were appointed by Governor and confirmed by State Senate, created a Public School System and established the Permanent School Fund The Confederate Constitution (1861) - Basically the same as the 1845 Constitution but was stricter with regards to slavery and clamping down on rights of slaves, emancipation of slaves was deemed illegal The Post-Civil War Constitution (1866) - Largely the same as the 1845 Constitution, Governor's term was lengthened to 4 years, line item veto on appropriations bills was granted to the Governor, District Judges directly elected by the people The Reconstruction Constitution (1869) - Written following the rejection of the 1866 Constitution by Radical Republicans, established the US Constitution as the Supreme Law of the Land, Texas Senators would serve six year terms, legislative sessions would occur every year, AG and SecState were appointed by the Governor and all other officials were elected via popular vote, compulsory schooling, rights for African Americans Our Current Constitution (1876) - Limited the power of each branch of Texas Government, legislative sessions reduced to 140 days every other year, salaries were reduced and a mandated balanced-budget was implemented, governor's power was spread out to the Lt. Governor, AG, Comptroller, Treasurer, and Land Commissioner. Currently in use, and is almost 87000 words long and has been amended 507 times
Limits on free speech
Indecency, obscene, defamation, fighting words, hate speech, speech that incites legal action
Powers of the Supreme Court
Include the power to declare a law unconstitutional (judicial review)
Influence of the Supreme Court
Decisions made by the court have made large impacts on American Society in areas such as Civil Rights, Money in Politics, Abortion, etc.
Delegate v. Trustee
Delegate - Elected Representative who votes based on their constituent's opinion Trustee - Elected representative who votes based on own feelings
Historical Development of the Constitution
Developed at the Constitutional Convention of 1787 to replace the Articles of Confederation. Has had 27 amendments added throughout the history of America.
Different kinds of Federalism and their advantages
Dual (Layer Cake) - National Governments and State Governments operate within their own sphere of power (Keeps different powers in check and allows each level to operate within their own lane) Cooperative (Marble Cake) - Various levels of government work together to deliver public services (Greater cooperation allows for more collaborative efforts that can impact the lives of citizens more effectively) Coercive - Substantial growth in power of the Federal Government by overriding state powers and imposing policies on the states (National standards are enforced) New Federalism - Anything not stated in the Constitution is reserved to the states (Extreme levels of Federal Power are prevented)
Evolution of Presidential Power
Early Presidency (Jackson), Dominance by Congress (Lincoln, Roosevelt), Emergence of a Stronger Presidency (FDR, LBJ)
Influence of Executive and Legislative on the Supreme Court
Executive can nominate SCOTUS Justices to be confirmed/denied by Congress. Further, the Executive can chose to ignore SCOTUS rulings
Federal vs. State Government
Federal - Prints money, regulates interstate (between states) and international trade, makes treaties and conducts foreign policy, declares war, provides an army and navy, establishes post offices, makes laws necessary and proper to carry out these powers State - Issued licenses, regulated intrastate (within the state) businesses, facilitated elections, establishes local governments, ratifies amendments to the constitution, takes measures for public health and safety, may exert powers the Constitution does not delegate to the National Government or prohibit the states from using
Federalism Today
Federalism is constantly changing and we have a mix of all types of Federalism currently
Bill of Rights
First 10 amendments to the Constitution
Executive Orders
Formal orders issued by the president to direct action by the federal bureaucracy.
Freedom of Speech Protections
Freedom of Speech is tricky, as there are lots of limitations such as shouting "FIRE!" in a crowded theater, making threats, etc.
Composition of Congress
House - 233 Democrats, 198 Republicans, 1 Libertarian, 3 Vacancies Senate - 53 Republicans, 45 Democrats, 2 Independents (caucus with Democrats)
Differences between House and Senate
House Senate 435 100 Based on population 2 per state 25 yrs old 30 yrs old EC tie-pres. EC tie- V.P. 2 Year term 6 Year term Less media coverage More media coverage Less prestige More prestige Power to Impeach Holds the Trial
Purpose of the Declaration of Independence
Justify or explain reason for revolt against the UK
Limitations of bureaucracy
Lack of flexibility in a turbulent environment (gets hard to have change) People vary in terms of rationality Humans are unpredictable & irrational leaders
Features of Legislative Sessions
Lasts 140 days of every odd-numbered year
Four Factors influencing decisions of Supreme Court
Legal, Personal, Ideological, Political
Checks or Limits on Presidential Power
Legislative -Impeachment, veto overrides, limitation of usage of troops, confirm/deny nominees, budget oversight, picks new VP if VP leaves office Judicial - Judicial Review
Amicus Curiae Brief
Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
Majority and Minority Party Powers in Congress
Majority Party works to push their agenda, Minority Party works to implement as many of their ideals as possible
Reform of Bureaucracy
Merit System and the Hatch Act
Committee System in Texas Legislature
Mirror the Committee Systems found in the US House and Senate
Diplomatic Power of the President
Negotiate treated, executive agreements, recognize other countries
Unreasonable Searches and Seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.
Historical Context and Evolution of Federalism
Offered up as a solution to the Articles of Confederation, largely has developed to strengthen the Federal Government throughout the years, though some powers have gone back to states
How parties and committees influence the legislative process
Parties have different ideologies and whichever party is in control has the ability to push legislation that is more in-line with their ideals through
Issues in Sovereignty and Shared Powers
Power balance between the Federal Level and the State Level and the scope each level has
Growth of Presidential Power
Power increases during crises (Civil War, Great Depression) via Executive Order; FDR started submitting budgets and bill proposals to Congress.
Implied Powers
Powers not specifically mentioned in the constitution
Major issues or debates in the writing of the Constitution
Powers of the Presidency, representation in Congress, how Presidential Elections would work, the slave trade, bill of rights, strength of the Federal Government
Gerrymandering
Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
Major Historical Periods of Bureaucratic Growth
Progressive Era, New Deal, Great Society
Amendment process in Texas
Proposal by two-thirds vote of the full membership of both houses of the Legislature. Passage by simple majority of voters qualified to vote in elections for statewide office
Obstacles to reforming Bureaucracy
Red tape, obligatory spending, different visions
Definition of Republican and Democratic Government
Republican Government - Laws are made by Representatives chosen by the People Democratic Government - Laws are made directly by the voters
Protections for those who have been accused of committing crimes
Right to a speedy and public trial by a trial of their peers. Innocent until proven guilty
Composition of Texas Legislature
Senate - 19 Republicans, 12 Democrats House - 83 Republicans, 67 Democrats
Powers of the Presidency
Serve as commander in chief of the armed forces. Commission officers of the armed forces. Grant reprieves and pardons for federal offenses (except impeachment) Convene Congress in special sessions. Receive ambassadors.
Definition of Bureaucracy
Set of structures and procedures used by government or other organizations to administer policies and programs
Role of Speaker of House and Lt. Governor
Speaker of the House - Member of the Majority Party, serves as the presiding officer of the House, conducts meetings, appoints committees, enforces Rules Lt. Governor - Elected by the people, serves as the President of the Texas Senate, establishes the rules of the Senate, establishes all special and standing committees, appoints all chairpersons and members, assigns all Senate legislation to the committee of their choice, has jurisdiction of Senate Rules
Types of Congressional Committees
Standing, Select, Joint, Conference
Expansion of Presidential Power
Started growing during the early 20th Century, rapidly grew with FDR and LBJ
Compensation of Texas Legislature
State Legislators make $600 per month ($7200 per year) plus a per diem of $190 per for every day the Legislature is in session
Strengths and Weaknesses of Federalism
Strengths - Fosters state loyalties, practices pragmatism, creates laboratories of democracy, leads to political stability, encourage pluralism, ensures the separation of powers and prevents tyranny Weaknesses - Prevents the creation of a national policy, leads to a lack of accountability, ignorance of the general populace
Sherbert Test
Test developed to maintain whether or not the state can regulate a religious practice or bias it
Function and purpose of Bureaucracy
The Bureaucracy is in place to implement and administer government policies and regulate
Major Features and Sections of the US Constitution
The Preamble - One Paragraph Introduction that states the goals of the Constitution The Articles - 1 - The Legislative Branch (10 Sections, creates Congress, divides into House and Senate, sets election rules) 2 - The Executive Branch (Sets up Presidency and Vice-Presidency, establishes rules for elections, powers of the Presidency, how to Impeach) 3 - The Judicial Branch (Sets up Supreme Court, lays out duties and powers for SCOTUS and Federal Courts, defines Treason) 4 - The States (Creates rules for state-to-state relations, rights/guarantees to states, admission of states into the Union) 5 - Making Amendments (How to add amendments to the Constitution) 6 - Supremacy Clause (Constitution is the highest law of the land) 7 - Ratification (Constitution becomes effective when 9/13 states approve it) The Amendments - 1 - Freedom of Religion, Speech, Press, Assembly, Petition, etc. 2 - Right to bear arms 3 - Right to not have to quarter Soldiers and free from wartime property seizures 4 - Right to be free from unreasonable search and seizure 5 - Right to grand jury indictment, no double jeopardy, freedom from self-incrimination, due process of law 6 - Right to be informed of charges, right to be present when witnesses speak in court, right to call defense witnesses, right to a lawyer 7 - Right to jury trial in civil cases 8 - Freedom from excessive bail and cruel and unusual punishment 9 - Guarantee of rights not listed in the Constitution 10 - Powers not in the Constitution are reserved to the People and the States 11 - People living in one state cannot sue another state 12 - Presidential Election Changes 13 - Slavery outlawed 14 - Right to be free from discrimination in states, right to have due process of law, right to have equal protection under the law 15 - African Americans have the right to vote 16 - Individual Income Tax 17 - Direct election of US Senators 18 - Prohibition 19 - Women's Suffrage 20 - Lame-Duck Period shortened for federal officials 21 - Repeal of Prohibition 22 - Term limits for the Presidency 23 - People who live in DC can vote for President 24 - Abolition of Poll Taxes 25 - Order of Succession 26 - People can vote at the age of 18 27 - Limits the power of Congress to raise their salaries
Supreme Court Nomination Process
The President Nominates; Senate Confirms. The President nominates a Supreme Court Justice when there is an open judicial position in the Court. The nomination is sent to the Senate Judiciary Committee, which then collects information about the nominee including FBI background checks and reviews the nominees record and qualifications. The judiciary committee then holds a hearing for the nominee in which they are testified in favor and against. The Senate Judiciary Committee then votes on the nomination and then can make a recommendation to the Senate (sometimes they decline to send the nomination to the Senate at all). The Senate then debates the nomination and needs a cloture vote (⅔ of Senate or 60 Senators) to end Debate. The Senate then votes on the nomination as soon as debate ends, the confirmation needs only the majority vote of senators present.
Relationship between the President and the Party
The President is the leader of their party
Legislative Power and the Presidency
The President signs/vetoes legislation, can enact policy via Executive Order
History and evolution of bureaucracies
The bureaucracy was small in the US up until the late nineteenth century and early twentieth century where Progressive Era Presidents developed agencies and departments. Has continued to expand through to today
Executive Privilege
The power to keep executive communications confidential, especially if they relate to national security.
Selective Incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Oral Arguments
The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices. Good theater (for law nerds).
Definition of Civil Liberties
The state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech.
Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Delegated Powers of the President
These powers, also called "enumerated Powers", are the powers that are clearly spelled out in the Constitution. These are powers of the federal government. Examples include: the powers to declare war and to raise taxes; regulate immigration & naturalization; regulate interstate commerce; set standards for weights & measures; establish & enforce copyright laws; create lower courts; establish foreign policy; establish a postal system. There are many others.
Distinguishing features of State Governments
They have the power to - Issue licenses, regulate intrastate (within the state) businesses, facilitate elections, establish local governments, ratify amendments to the constitution, take measures for public health and safety, may exert powers the Constitution does not delegate to the National Government or prohibit the states from using, collect taxes, build roads, borrow money, establish courts, make and enforce laws, charter banks and corporations, spend money for the general welfare, take private property for public purposes with just compensation
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Devolution and Privatization
Two terms that describe the shrinking of the Federal Government. Started with the Reagan Revolution and continued in various facets to this day
Types of Opinions
Unanimous, Majority, Concurring, Dissenting
Presidential Performance and Character
While some people argue that the two are intertwined in the success a President may hold in their administration, others will argue that the two are separate entities that hold little influence on each other
Redistricting Process
When a state legislature or independent commission draws new House district lines (if gain/loss of seats after reapportionment process based on census every ten years)
Federalist #78
Written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions
How to get a case to the Supreme Court
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