How can we help?

You can also find more resources in our Help Center.

265 terms

CNC1

STUDY
PLAY
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
Court-packing-
President Franklin Delano Roosevelt's controversial plan to appoint Supreme Court justices who were sympathetic to his views, by offering retirement benefits to the sitting justices.
Judiciary Act of 1789-
statute created a three-tiered federal court structure; before reaching the Supreme Court, cases must travel through a federal district court, then through a court of appeals.
Original Jurisdiction -
the power to hear a case for the first time. The Supreme Court has both original and appellate jurisdiction.
Appellate Jurisdiction -
the power to review cases originally heard in a lower court. The Supreme Court has both original and appellate jurisdiction.
Judicial Review -
the power to interpret the constitutionality of federal and state laws as well as other gov't actions.
Writ of Mandamus -
an order issued by the Supreme Court requiring a gov't agent to carry out a legal duty.
Case-
controversy involving two adversarial parties
Standing -
The legal right to bring a suit before a court; an individual must show that he or she has been harmed in a real way, not merely that he or she might be harmed in the future.
Moot -
a case is considered moot when the issue at stake has already been resolved or is no longer relevant.
Ripeness-
law has to have been implemented or a discriminatory action has to have occurred before the Supreme Court can make a ruling.
Writ of Certiorari -
a request from a high court to a lower court for records of a case to be sent for review.
Rule of Four -
the Supreme Court's longstanding tradition of agreeing to hear a case if at least four justices favor its review.
Solicitor General -
A high-ranking Justice Department official who submits requests for writs of certiorari to the Supreme Court on behalf of the federal gov't; he or she also usually argues cases for the gov't in front the Court.
Amicus Curiae -
a type of brief filed by a "friend of the court" or someone who is not directly involved in the case at hand. Interest groups often file this type of brief to provide information to the Court to assist in its decision-making process.
Oral Arguments-
the attorneys for both sides have 30 minutes to argue their cases before the justices, includes interruptions from the justices.
Majority Opinion -
A court opinion that reflects the reasoning of the majority of justices.
Concurring Opinion -
an opinion that agrees with the conclusion, but not the reasoning of the majority opinion of the Court.
Dissenting Opinion -
an opinion that disagrees with the conclusion of the majority opinion of the Court.
'Advice & Consent' of the Senate-
a legal expression in the United States Constitution that allows the Senate to constrain the President's powers of appointment and treaty-making
Good Behavior-
federal judges have a lifelong appointment to the bench, barring impeachment.
Department of Justice-
responsible for evaluating the professional qualifications of potential Supreme Court Justice nominees
Senatorial Courtesy-
A tradition in which a Senator, if he or she is of the president's party, gets input into nominees for federal judgeships in his or her state.
Judiciary Committee-
Considers Supreme Court Justice nominees;
Judicial Restraint -
a judicial philosophy that calls for judges to respect the roles of the other branches of federal and state gov't, to refrain from invalidating federal and state law whenever possible, and to respect stare decisis (the principle of deferring to precedent). Those who adhere to judicial restraint often limit their interpretation of the Constitution to the literal text or the original intent of the Founders.
'borked'-
To receive such treatment as the severe treatment this nominee received from the Senate, the media, and interest groups when nominated for Supreme Court Justice.
Precedent-
prior court ruling that must govern a court's decision in a particular case.
Equal Protection Clause -
Provision in the 14th Amendment to the Constitution that guarantees all people "equal protection under the law."
Cross-burning-
not protected by first amendment if carried out with the intent to intimidate.
Original Intent-
A judicial philosophy that states that judges should seek to interpret the law and the constitution in line with the intent of the founders.
Judicial Activism -
a judicial philosophy that calls for judges to protect the jurisdiction and interests of the Court in a gov't of separated powers and to invalidate federal and state law when necessary. Those who adhere to judicial activism often interpret the Constitution within a contemporary political context.
Political Ideology-
one's views on the appropriate size and scope of gov't
Judicial Philosophy -
one's views on the role that judges should play in interpreting the Constitution and the law
Summarize Article III.
Details the judicial branch; guidelines outlining the structure of the federal court system, the parameters governing judicial terms and compensation, the jurisdiction of the federal courts, and specific treatment of the crime of treason; only created Supreme Court
What are the main duties of Supreme Court Justices?
resolve legal disputes according to federal law, including the Constitution.
Explain the organizational structure of the Federal Courts.
US Supreme Court (9 justices at the moment) ->> US Courts Of Appeals (13- 12 district & 1 federal) ->> US District Courts (trial courts) ( 94 district courts, plus bankruptcy courts & Court of International Trade & Court of Federal Claims) ->> Military Courts, Court of Veterans Appeals, US Tax Court
What are similarities in State Court structures?
most states have a three-tiered structure that mirrors the federal court system and includes trial courts, intermediate appellate courts that hear appeals to decisions made in trial courts, and a high court that hears appeals to decisions made in the appellate courts (in some cases the high court has original jurisdiction to hear cases first)
Is the Supreme Court the 'weakest' or 'least dangerous' of the Three Branches? Why or why not?
No- power to interpret federal laws, power to strike down federal laws or actions that it deemed unconstitutional, ability to review and reject as unconstitutional any act of Congress, the executive branch, or the states.
How do constitutional Amendments 'check' the power of the Supreme Court?
Supreme Court does not have the power to formally amend the Constitution. Congress and the states retain the power to alter the text of the Constitution.
How many federal and state laws have been declared unconstitutional by the Supreme Court?
160 provisions of national law and about 1,400 state acts.
Who enforced Supreme Court rulings?
other arms of the federal gov't to uphold and implement its decisions.
What are the four criteria for a case to go the Supreme Court?
Case, standing, not moot, ripeness
What is process for deciding Supreme Court cases?
law clerk evaluates petition & memos added by other clerks, memos reviewed by Justices, each justice decides which cases should be added to the list of cases to be discussed, list sent to Chief Justice, discuss list formed & sent to all Justices, Rule of Four, Writ of certiorari, briefs & amicus curiae reviewed, oral arguments, discussed by Justices, vote, opinions issued
How many federal judges are there?
9
What factors to Presidents consider when selecting a Supreme Court nominee?
legal experience, intellectual fortitude, gender, religious affiliation, ethnic background, age, ideology, judicial philosophy, likelihood of confirmation, feedback from Senators & Dept of Justice
Explain the five steps to fill a Supreme Court vacancy.
nominated by the president, considered by the Senate Judiciary Committee, hearings & testimony, vote by committee, vote by full Senate
How long are Supreme Court Justices appointed?
For life as long as "good behavior"
Who are the Supreme Court Justices today?
John G. Roberts - Chief Justice, Elena Kagan, Samuel A. Alito, Jr., Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor
What are important influences on the behavior of Supreme Court Justices?
personal experience, judicial philosophy, political ideology, political context
What did the Anti-Federalists say about the Supreme Court?
feared the independence provided to federal judges by the Constitution.
Energy Policy Act-
2005 addresses energy production in the United States, including energy efficiency, renewable energy, oil and gas, coal.
Nuclear Regulatory Commission-
formulates policies, develops regulations governing nuclear reactor and nuclear material safety, issues orders to licensees, and adjudicates legal matters; began operations on January 19, 1975
Public Opinion -
the population's collective attitudes and beliefs about politics and gov't.
Political Values -
the basic principles that people hold about gov't.
Political Ideology-
one's views on the appropriate size and scope of gov't
Liberal-
political views that favor a large role for the gov't in promoting greater equality of conditions in society, believe the gov't should create extensive social welfare programs to help meet the needs of citizens, tend to be members of the Democratic Party
Conservative-
political views that favor traditional ideas about individual responsibility, family life, and business freedom, believe the role of the gov't, and especially federal gov't social programs, should be limited, tend to be in the Republican Party.
Moderate-
in politics, people who fall in the middle range of the liberal - conservative split.
Political Socialization-
The process by which political culture is passed on to the young.
Socioeconomic Status -
the combination of education, occupation, and income that can be used to gauge one's position in society.
Gender Gap -
the statistical difference in party identification between men and women, with men being more likely to identify with the Republican Party and women being more likely to identify with the Democratic Party.
Literary Digest-
published poll October 1936 for presidential election between Franklin Delano Roosevelt and Alfred Mossman Landon, one of the largest polls ever conducted, incorrectly predicted that Landon would win the 1936 presidential election,
Gallup Poll-
first poll showed that Democrats were more supportive of Roosevelt's relief and recovery than Republicans; went public with his predictions that Roosevelt would win re-election handily.
Exit Poll-
polls taken during an election as voters leave the polling place; used to determine likely election results quickly.
Honeymoon Period:
First several months of new presidential administration where the president generally faces very little criticism
Rally-around-the-Flag Effect:
The increased popular support given to the president during a time of crisis
How did the Federal Gov't respond to Three-Mile Island?
established new regulatory standards that made it prohibitively expensive to build new nuclear power plants, which effectively stalled the development of nuclear energy in the U.S
What does Public Opinion affect?
vote choices, inclination to contact an elected official, attend a political demonstration, join an interest group, gov't policy
Consistent political attitude
his or her political opinions are founded on a coherent set of principles about the purpose and scope of government
inconsistent political attitudes
hold a mixture of liberal, moderate, and conservative opinions.
percentage of liberal
22%
percentage of moderate
23%
percentage of conservative
29%
percentage of undecided
27%
Explain the key agents of early political socialization.
Discussions with family members, activities at school, participation in religious organizations, and interactions with peers;
primacy principle
what is learned first tends to leave a strong and lasting impression that remains with a person throughout life
structuring principle
early learning tends to provide the basic structure for later learning.
More liberal
democrats, more educated, lower income, Jews, Catholics, atheists, blacks, latinos, women, younger people.
More conservative
republicans, less educated, higher income, Protestants, Whites, Asians, men, older people.
What five things ensure an accurate, scientific public opinion poll?
Random sampling, large enough size, margin of error, proper question wording, question ordering,
pro's political leaders following public opinion?
knowing general public's opinions on tough issues
con's of political leaders following public opinion?
polling up & down numbers
What did the Anti-Federalists say about following public opinion?
public opinion should directly guide the decision making of elected leaders.
What affects approval ratings of the President and Congress?
economic fluctuations, political scandals, and national crises
How does the structure and processes of Congress 'check' the power of the President and public opinion?
move slowly so as to safeguard against hasty decision making.
Conventional participation:
common actions, considered culturally acceptable that communicate preferences through established institutions
Unconventional participation:
actions that are less common, take place outside of established institutions, and/or challenge cultural norms
Sit-ins:
Non-violent form of protest in which an individual or group occupies a public or private area
Freedom Rides:
During civil rights movement of 1960's, activists would ride public transportation (mainly buses) into southern states in order to protest racial segregation
Socioeconomic status:
Combination of education, occupation, and income that can be used to gauge a person's position in society
Prospective voting:
Basing voting decisions on forecasts of future political behavior of a candidate
Retrospective voting:
Basing voting decisions on a candidate's experience or past performance
Balancing the ticket:
presidential campaigns strategically select running mates who can attract voters from different geographic regions or racial groups
Consumer Confidence Index (CCI):
based on surveys that ask voters about their prospective view of the economy. A score over 100 represents confidence in the economy. A score under 100 represents relatively low confidence in the economy.
Voter turnout:
statistic representing the number of voters who cast a ballot in a given election.
Social capital:
degree of civic connectedness in a political community
Franchise:
the right to vote
Voter fatigue:
voters become exhausted or apathetic about the political process because they are asked to make decisions too frequently and on too many issues
Midterm elections:
Federal elections occurring between presidential elections
What are the forms of conventional participation?
Voting; contacting elected officials, working on election campaigns, associating with political parties or interest groups, and signing petitions.
What are the forms of unconventional participation?
participation in demonstrations, protests, strikes, boycotts, or sitins
What types of groups would use unconventional forms of political participation to have their political voices heard?
marginalized groups that have been denied access to institutionalized modes of participation and groups seeking to attract awareness to their cause.
Explain why Americans have low participation rates?
time, interest, knowledge, money
How is socioeconomic status an indicator of low political participation?
Lower socioeconomic status either cannot participate (they lack the necessary resources); they do not want to participate (they lack interest in politics); or nobody has asked them to participate (they have not been motivated)
What factors influence voter choice?
partisan loyalty, policy issues, and candidate characteristics.
How does partisan loyalty affect voter choices?
Short-cut in voting (straight party ticket)
What determines whether voters think retrospectively or prospectively?
candidate's relationship to the contested seat shapes voter evaluations
Which character traits influence voters?
trustworthiness, intellect, prior service to the country, oratory skill, ability to empathize, and overall projection of power and strength
What is the current voter turn-out rate?
58%
Why does America have a low voter turn-out rate?
growing mobility of the population, loss of social capital, technological developments, changes in population eligible to vote, increasing levels of distrust in gov't among younger generations
Why does America have a lower voter turn-out rate than other countries?
Differences in voting laws and electoral systems among countries; voter registration process; the electoral system in place (frequency of elections, the length of election ballots, and the likelihood that a voter will cast a winning ballot, voting laws)
What are the pros of mandatory voting in the U.S.?
more representative election outcome; gov't could claim greater legitimacy to make policy decisions; civic duty; greater involvement will cause people to become aware of the important public issues that directly impact their lives and will want to hold elected officials accountable for their actions on these issues.
What are the cons of mandatory voting in the U.S.?
elections should only be decided by those who care to be informed and to participate in the process; certain citizens might have legitimate reasons for refusing to vote (religion, satisfied with the system, or simply lack interest); oppressive
Negative rights
are intrinsically within us, such as freedom of religion, freedom of speech. Government can't take them away from us.
Positive Rights
government must provide these rights to us.
pyramid style
very little to do with the details of administration (Ronald Reagan)
wheel styles
much more hands on (Jimmy Carter)