Advertisement Upgrade to remove ads

Executive Order 9066-

President Franklin Roosevelt ordered the detainment of individuals with foreign enemy ancestry—including Japanese, Italian, and German residents—in the name of national security.

Rational Basis Test-

The lowest standard of review; the Court presumes that the gov't's action is valid. The gov't need only prove that its action is reasonably related to a legitimate gov't interest, and the individual bringing suit against the gov't must demonstrate that the gov't action is irrational or arbitrarily applied.

Intermediate Scrutiny-

The middle standard of review; requires that the action advances important gov'tal interests, and that the means used are substantially related to these gov't interests. Court sees both gov't interests and individual interests as somewhat equally weighted.

Strict Scrutiny-

The final and highest standard of review; when the gov't discriminates against individuals based on their race, religion, or national origin or infringes on any individual's fundamental freedom, three questions are asked. First, does the case involve a fundamental freedom or suspect classification? Second, does the action serve a compelling gov't interest? And third, is the action taken by the gov't narrowly tailored to achieve the compelling interest? Tests whether the gov't has used the least restrictive means for achieving its interest.

Suspect Classification-

refers to a group that has previously suffered systematic discrimination or disadvantage (based on race, religion, or national origin). Cases involving discrimination against an individual in this classification require the highest level of scrutiny by the Supreme Court.

AIM- American Indian Movement-

formed in 1968; used a number of radical tactics to bring awareness to the living conditions on reservations & to demand equal treatment under the law; staged sit-ins & occupied symbolic pieces of property; takeover of Alcatraz Island- 1969, seizure of a Mayflower replica during the 350th anniversary of the Plymouth Rock landing- 1970, & the occupation of Mount Rushmore- 1971; seized the town of Wounded Knee, South Dakota, in 1973- a 71-day standoff with federal marshals ensued, 2 members died in the violence.

Mexican American Legal Defense-

founded in 1968 to secure Mexican American rights in the courts.

Americans with Disabilities Act-

1990; the act defines a disability as "a physical or mental impairment that substantially limits one or more of the major life activities." It protects the disabled from discrimination in employment, public entities (such as schools), public accommodations, public transportation, and telecommunications service provision.

GLAAD-

organized in 1985 to protest coverage of the AIDS epidemic by the New York Post; focused its efforts on media coverage in order to shape portrayal of the gay and lesbian communities and to ensure that people are not discriminated against based on their sexual orientation.

De Jure Segregation-

segregation grounded in the law; No Government discrimination in laws.

De Facto Segregation-

segregation that has no legal basis but is practiced nonetheless; When private discrimination happens but can't be proven.

Who started Affirmative Action programs?

President Lyndon B. Johnson

How did today's Republican Political Party start?

Abraham Lincoln is the founder; grew out of the conflicts regarding the expansion of slavery into the new Western territories when passage of the Kansas-Nebraska Act of 1854 repealed earlier compromises that had excluded slavery from the territories.

What was the immediate effect of the Emancipation Proclamation?

freeing all slaves in states in active rebellion against the Union; encouraged slaves to escape their Southern masters and join the Union forces fighting the Confederacy.

What was the effect of Rosa Parks and the Montgomery Bus Boycott?

The city of Montgomery changed its policy—providing a clear victory for the NAACP and the black community in the movement to end discrimination.

Who was Martin Luther King, Jr. and what did he do in the Civil Rights Movement?

minister of a church in Montgomery, Alabama. In Montgomery, when people would ride the bus, black people had to sit in back and let white people sit in front. One of the first things King did was to organize a protest against the bus company. He began to organize other non-violent protests. went around the South and other parts of the United States giving speeches about civil rights and leading protests against unfair laws. In 1963, he led a march in Washington D.C. with over 200,000 people. It was here that he gave his famous "I have a dream" speech.

What are the major provisions of the Civil Rights Act of 1964?

guaranteed equal treatment in schools, workplaces, and public facilities, banning any form of discrimination based on race, color, religion, or national origin; incorporated provisions that empowered the national gov't to oversee state efforts at compliance and to bypass state courts in cases of racial discrimination.

What are the tactics most minority groups use to gain civil rights?

staging public demonstrations, appealing to the courts to secure equal protection under the law, pressuring lawmakers to bring about public reform, and using the media to raise public awareness and shape perceptions.

Is Gov't supposed to protect freedom, maintain order or promote equality? Is there conflict between these goals?

Protecting freedom, then promoting equality, then maintaining order. Yes, sometimes there will be conflict between the three, which is why a "priority system" is needed.

Article I-

details the legislative branch

Necessary and Proper Clause-

an enlargement of the powers expressly granted to Congress; gives Congress a share in the responsibilities lodged in other departments, by virtue of its right to enact legislation necessary to carry into execution all powers vested in the National Gov't. Conversely, where necessary for the efficient execution of its own powers, Congress may delegate some measure of legislative power to other departments.

Implied Powers-

Powers not explicitly stated in the Constitution but which are suggested or implied by the "general welfare," "necessary & proper," and commerce clauses in the Constitution.

Bicameral-

Term describing a legislative branch that is divided into two houses, such as the United States Congress which consists of the House of Representatives and the Senate.

Reapportionment-

the process by which seats in the House of Representatives are redistributed to each state to account for nationwide population shifts detected in the decennial census.

Incumbents-

those who currently hold political office.

Partisan-

acting in allegiance to a specific political party, cause, or ideology.

Gerrymandering-

The redrawing of a political district to favor a particular candidate or kind of candidate.

Bill-

a proposed law under consideration by a legislature.

Committee/Subcommittee-

a group of members of Congress assigned to consider proposed legislation in a given jurisdiction and make recommendations to the full chamber

Seniority-

priority, precence, or status obtained as the result of a person's length of service, as in a profession, trade, company, or union.

Hearings -

a session of a legislative committee in which testimony is taken from witnesses

Mark-Up -

a United States Congressional committee session at which a bill is put into final form before it is reported out; editing and revising questionable provisions of the bill

Rules Committee -

a committee of a House of Representatives that determines the rules and procedure for expediting the business of the house and has the power to control the date and nature of debate of a proposed bill; sets the parameters for debate on the House floor, including time limits and allowable amendment activity

Filibuster -

Tactic employed by an individual or group of individuals in the U.S. Senate aimed at blocking legislation by gaining control of the floor (simply by standing and making a speech) and refusing to relinquish control until the rest of the Senate gives up and agrees to move on to other business.

Cloture -

A procedure for ending a debate and taking a vote.

Pocket Veto -

an indirect veto of a legislative bill by an executive through retention of the bill unsigned until after adjournment of the legislature

Veto Override -

a two-thirds vote in both the House and Senate may override a Presidential veto of legislation.

Majority Party/Minority Party -

the political party which holds a majority/minority in the legislature.

Speaker of the House -

Individual selected by the House to preside over the proceedings of the House in formal session; almost always a member of the majority party.

Whip -

members of Congress tasked with enforcing party discipline and ensuring the presence of other members of the party when votes are taken on the floor of each chamber.

Unified Gov't-

the situation occurring when the same party controls the Senate, the House of Representatives, and the White House.

Divided Gov't-

the situation occurring when one party controls the White House and another party controls the House, the Senate, or both.

President pro Tempore-

The senator who constitutionally serves in the vice president's absence (usually the most senior senator of the majority party)

Caucus -

a local meeting of party members in which the party's nominee is selected.

Logrolling-

exchanging political favors, such as votes, to achieve mutually beneficial legislative outcomes.

Norm of Reciprocity-

refers to the willingness of members of Congress to trade votes, thus facilitating legislative logrolling

Norm of Deference-

refers to the willingness of members to defer to their colleagues with more expertise on the issue at hand.

Earmarks-

the congressional direction of money to be spent on specific projects or programs benefiting targeted communities. Members of Congress use earmarks to fund projects for their constituents at home.

Oversight-

handled primarily through hearings; members of committees constantly monitor how a bill is implemented

How many people serve in the U.S. House of Representatives?

Decided by population; 435

How many people serve in the U.S. Senate?

2 for each state (100)

What are some key differences between the two chambers?

members of the House and Senators represent very different constituencies; The House has a much stronger party leadership structure; term lengths; The House is granted the sole power to originate revenue bills by introducing tax legislation; The House is given the power to initiate impeachment proceedings, but this is checked by the Senate's power to try impeachment cases. Senate has the power to approve major presidential appointments and to ratify treaties.

What are the two ways to define 'Congress'?

House of Representatives and Senate

How does a Bill become a Law in the HoR?

bill dropped in hopper; numbered & printed; sent to appropriate committee who sends it to the appropriate subcommittee; public hearings; markups; vote by subcommittee; returns to the full committee for hearings, markups, and a vote; reported to full House; Rules Committee; debate; amendment; sent to Senate.

How does a Bill become a Law in the Senate?

Bills are introduced on the floor; sent to appropriate committee who sends it to the appropriate subcommittee; public hearings; markups; vote by subcommittee; returns to the full committee for hearings, markups, and a vote; reported to full Senate; debate; amendment; vote; sent to House.

Who is the Constitutional leader of the Senate versus who is the political party leader in the Senate?

Institutional leader is Vice President. The senator who constitutionally serves in the vice president's absence is the president pro tempore (usually the most senior senator of the majority party)

How do political parties make the legislative process easier?

Parties try to build coalitions of members who share interests and values and will support legislation on the party's agenda. To ensure legislative success on critical votes, both parties have a sophisticated whip structure that canvasses members on the floor of Congress to gauge the preferences of the party rank-and-file and negotiate with possible defectors. Both parties employ these resources and strategies to set the policy agenda and manage the legislative process.

What is the rise of 'candidate-centered' elections?

members do not necessarily need the support of political parties to win reelection to office. In fact, with the rise of mass media and the development of television and the Internet as the primary modes of political communication, members of Congress can appeal to voters directly, bypassing the political parties altogether

What are the different types of Committees in Congress?

four types of committees: standing committees, conference committees, joint committees, and special committees.

What things that influence Legislators' behavior?

personal opinions and beliefs; input and interests of their party, colleagues, caucuses, constituents, interest groups, and staff; institutional norms of behavior; own personal goals.

What do Interest Groups provide to Congress?

provide information designed to help legislators sift through the facts, figures, and arguments associated with complex issues.

What are the average characteristics of members of Congress?

63 yr old caucasian protestant male with a law degree

Explain Delegate views on representation.

member chooses to follow the dictates of the constituency

Explain Trustee views on representation.

member protects the interests of their constituents, expected to use his or her best judgment in making legislative decisions.

Impeachment-

the first step in the process of removing an official from public office by force. It occurs when a legislative body votes to bring charges against the official.

Express Powers-

powers that have been specifically stated ("word for word") in the Constitution.

Implied Powers-

powers that are not explicitly spelled out in a contract or legal document but can be assumed because, without those powers, the document would not be functional.

Delegated Powers-

Powers that are given to the president by the Congress.

Executive Power Clause-

Article II, sec. 1; vests the power to execute the instructions of Congress, which has the exclusive power to make laws

Executive Orders-

declarations issued by a president that relate to the organization of the federal bureaucracy, the execution of federal legislation, and the enforcement of federal court decisions.

Executive Privilege-

the act of withholding information from congressional, judicial, or public scrutiny

Veto-

The Constitution authorizes the President to reject any bill passed by both houses of Congress if he disapproves of it for any reason.

State of the Union Address-

a legislative power of the president because he uses it to set the legislative agenda in terms of domestic, foreign, and economic policy.

Senate Confirmation Hearings-

the approval, by two-thirds of the senators present, of a presidential nominee.

Pardons-

the exoneration of both the crime and the associated penalty.

Reprieve-

the exoneration of the penalty associated with a crime, but not the crime itself.

Amnesty-

a pardon that is issued to a group of people who are not in compliance with the law.

Diplomatic Powers-

the ability to enter into treaties with foreign nations, but he must obtain the consent of two-thirds of voting senators; entitled to receive foreign dignitaries and to appoint U.S. ambassadors; responsibility to act as our symbolic head of state in representing the gov't of the United States throughout the world.

Ratification-

formal and legally binding approval.

Executive Agreements-

do not require congressional approval; may require federal legislation or congressional funding to execute the terms of the agreement.

Head of State-

presidents generally seek to convey the fundamental values associated with the Constitution and American political life.

War Powers Resolution-

1973; attempt to limit the power of presidents to enter into military engagements without congressional approval; articulated the circumstances under which our military could be deployed without a formal declaration of war and required the advice and consent of Congress on a periodic basis.

Globalization-

the spread and integration of economics, politics, technology, and culture around the world.

What are the constitutional qualifications to become President?

natural-born citizen of at least 35 years of age who has resided in the United States for at least 14 years.

What qualifies a President for impeachment?

for and conviction of treason, bribery, or other high crimes and misdemeanors.

What are the different kinds of Presidential powers?

Expressed; implied, Delegated

Examples of Presidential expressed powers:

executive laws, appoint dept heads

Examples of Presidential implied: powers:

organize fed. Beauracracy, issue executive orders

Examples of Presidential delegated powers:

recommend department budgets.

When is Executive Privilege allowed by the Courts?

the valid need for protection of communications between high gov't officials and those who advise and assist them in the performance of their manifold duties.

What are the powers of the Vice-President?

replacing the president if necessary, acts as the president of the Senate; generally assists the president in managing the federal bureaucracy and executing public policy on a day-to-day basis

How much has the Federal Executive Branch grown?

From 3 depts to 15; from 50 employees to 2.6 million

What changed in the Federal Gov't during the New Deal?

extended the reach of the federal gov't into the realm of social and economic policy, providing unprecedented federal resources to support states during the national economic crisis of the Great Depression. Bureaucratic offices created included the Social Security Administration, the Securities and Exchange Commission (SEC), the Federal Deposit Insurance Corporation (FDIC), and the National Labor Relations Board. Distribution of public resources and management of related programs required that the executive branch grow in size.

How do Presidents depend on Political Parties?

support his agenda in Congress, as well as to help him get elected.

How do Political Parties depend on Presidents?

To implement the party platform & to lend support to candidates for other offices.

How does the President use the Media?

appeal directly to the public through press conferences and public events

How do global markets, global communications and nuclear warfare impact the Presidency?

failures in our own economic sectors have ripple effects throughout the rest of the world. Such negative events hold the potential to actually diminish the power of the president on the international stage; imposed a great burden on modern presidents, making them responsible for potential split-second decisions with profound repercussions.

What are some areas where Congress has delegated powers to the President?

foreign affairs, budgetary politics, and economic policy

What's the average number of vetoes and veto overrides per Congress?

15 vetoes, 2 overrides

What is Neustadt's theory of the 'power to persuade'?

Individual presidents are successful to the extent that they can utilize the tools of the office to persuade the public and the other branches of gov't to follow their lead. More simply put, "The power to persuade is the power to bargain."

What are the two dimensions and four presidential personalities of Barber's theory?

Active, passive, positive, negative

Active dimension

attack the duties of the office each day with the ultimate goal of accomplishing much by the administration's end.

Passive dimension

occupy the office out of a sense of duty, be receptive to input from others, and depend on others for self-affirmation.

Positive dimension

take more pleasure in job than others.

Negative dimension

take less pleasure in job than others

active positive

Thomas Jefferson, Bill Clinton

active negative

Richard Nixon

passive positive

James Madison, Ronald Reagan

passive negative

Dwight Eisenhower

Bureaucracy-

a set of structures and procedures used by gov't (or other large organizations) to administer policies and programs.

Bureaucrat-

An employee in a bureaucracy

Cabinet Departments-

jurisdictions that largely mirror the jurisdictions of congressional committees; headed by a secretary who is appointed by the president and confirmed by the Senate; organized hierarchically and contains several smaller units within it

Civil Service-

Gov't employees hired and promoted based on merit, not political connections

Clientele Agency-

an executive cabinet department that represents the interests of a particular group or minority

Devolution-

the delegation of power by the federal gov't to state and local gov'ts.

Discretion-

the power or right to decide or act according to one's own judgment; freedom of judgment or choice; choice. When an administrator has to interpret the intentions of Congress in order to put the law into action, personal ability of each bureaucrat to implement/enforce
the laws.

Downsizing-

reduce the size and cost of gov't

Executive Office of the President (EOP):

13; president's closest advisors and the people who assist the president with his day-to-day responsibilities

Gov't Corporations-

a gov't organization that performs business or commercial activities typically associated with the private sector.

Great Society-

a series of federal gov't programs, promoted by President Lyndon Johnson in the 1960s, that aimed to end poverty and racial injustice.

Hoover Commission-

formed in 1947 as a reaction to the rapid growth in the United States gov't after the Great Depression; joint effort between President Harry Truman and former President Herbert Hoover to recommend ways in which the American gov't could operate more efficiently.

Implementation-

carrying out, execution, or practice of a plan, a method, or any design for doing something

Independent Agencies-

organization set up by Congress outside of the cabinet department structure; coordinate and carry out important gov't functions, (intelligence activities conducted by the CIA and the scientific research overseen by NASA); heads of these agencies, known as administrators, are appointed by the president, but they generally report to Congress rather than to the president

Iron Triangle-

a term describing the coordination among congressional committees, bureaucratic agencies, and interest groups.

Issue network-

complex set of cooperative relationships between groups of citizens affected by a particular set of policies and the bureaucratic agency and congressional committee with jurisdiction over those policies.

Merit System-

The practice of hiring and promoting people based on skill.

New Deal reforms-

numerous employment and economic growth programs; regulate industry and workplace practices

Oversight-

Congress's power to make sure laws are being properly enforced.

Patronage-

Gov't jobs and contracts given out to political allies in exchange for support.

Reagan Revolution-

innovative program aimed to reinvigorate the American people and reduce their reliance upon Gov't.

Regulatory Commissions-

Regulatory agencies monitor and guide individual behavior on social and economic affairs.

Social Security Act-

established a system of old-age benefits for workers, benefits for victims of industrial accidents, unemployment insurance, aid for dependent mothers and children, the blind, and the physically handicapped.

Why was the latest Cabinet Department organized? What is it's name?

Department of Homeland Security; guarding the United States against terrorism; securing the nation's borders; and improving our readiness for, response to, and recovery from disasters

What are the basic characteristics of any bureaucracy?

hierarchy of authority, specialization of functions, and strict adherence to established procedures.

How many Federal Gov't Departments are in the President's Cabinet?

15

Who are the leaders in the Federal Gov't's Departments?

headed by a secretary who is appointed by the president and confirmed by the Senate

cabinet departments examples

Department of Justice, Department of Agriculture;

independent agencies examples

CIA, NASA

regulatory commissions examples

Federal Reserve System, the Federal Trade Commission

gov't corporations examples

U.S. Postal Service, Amtrak

What do the Federal Cabinet Departments do?

advise the President on any subject he may require relating to the duties of each member's respective office.

What are some of the reforms of the Progressive Era?

Pendleton Civil Service Reform Act of 1883; Sherman Antitrust Act, the Meat Inspection Act, and the Pure Food and Drug Act

Which Departments spend the most money in the federal budget?

Dept of Defense, Veterans Affairs, Health & Human Services

What factors determine how Administrators use their discretion?

personal values; the information available to you; the influence of those around you (including other bureaucrats, stakeholders, and the public); and the mission and structure of your agency.

How do the President and Congress control the bureaucracy?

Congress makes the laws being implemented and has power over funding levels for executive departments and agencies; president is responsible for appointing the heads of the departments

What do public opinion polls say about the bureaucracy?

most Americans (53 percent) said that the gov't is almost always wasteful and inefficient, while only 40 percent said that gov't often does a better job than people give it credit for.

What is one result from welfare reform?

some states took the opportunity to design innovative programs that resulted in better services, whereas other states cut spending and reduced services

What are the concerns of Privatization?

gov't contracts do not always go to the contractor providing the lowest cost, and oversight has proven to be difficult; only cost-effective if there is genuine competition among companies for contracts

Four Horsemen-

Four conservative justices found President Roosevelt's plans to be an unconstitutional exertion of federal power; their opinions were consistently at odds with the president's agenda to address the economic crisis

See More

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set