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POLS 2302 Test #3
Terms in this set (94)
Amendment that created a 2 term limit on presidents.
line of succession:
speaker of the house
president pro tempore of the senate
secretary of state
secretary of treasury
all cabinet departments in order of creation date
U.S. v. Nixon
Holds that executive privilege does not extend to criminal cases.
a. Watergate issue and investigation; finds recordings of president Nixon, so lawyer says hand over the tapes.
b. Nixon said no because Executive Privilege
c. Court ruled that executive privilege does not exist because criminal case.
d. Executive Privilege did not apply.
the communication between the president and his or her advisers is confidential.
Youngstown Sheet and Tube Company v. Sawyer
Truman discovered steel workers were planning a strike during the Korean war.
He ordered Sec. of Commerce to nationalize steel mines and have the government run them.
Truman couldn't because of the Supreme Court ruling that the president wasn't allowed to take possession of private property/business, 1952.
Hirabayashi v. U.S.
Executive order that mandated all people of Japanese descent have a curfew.
Court ruled that this was constitutional because strict scrutiny test regarding National Security.
Korematsu v. U.S.
California was right to intern Japanese-Americans in camps during crisis of World War II.
Executive order that mandated all people of Japanese descent be placed in internment camps.
Court said this was constitutional.
National Federation of Independent Businesses v. Sebelius
Can the government fine you for not having health insurance?
The court said yes because the fine is counted as a tax.
A tax is not forcing you to do anything.
Article I; Section 8, Congress power to lay and collect taxes.
U.S. (San Antonio) v. Rodriguez
Supreme Court of the United States (SCOTUS)
a. claimed that property taxes is a violation to 14th amendment.
b. court said that Rodriguez needed to go to the state court for this case.
Edgewood v. Kirby
Required changes in school finance to increase funding for students in poorer school districts.
Created the Robin Hood Act.
Texas Supreme Court
a. Texas constitution says everyone deserves fair education so this was the argument against how the way schools are funded is unfair.
b. Texas constitution argument and Texas supreme court said it is a violation to Texas Constitution.
c. State Legislature try to fix problem with the Robin Hood Act
d. Take money from wealthy and give to poor to even it all out.
Robin Hood Act
School districts that are deemed wealthy give money to a poorer school district.
No Child Left Behind (National)
A U.S. law enacted in 2001 that was intended to increase accountability in education by requiring states to qualify for federal educational funding by administering standardized tests to measure school achievement.
Emphasizes standardized testing
Came from George Bush
Affordable Care Act
law passed in 2010 to expand access to insurance, address cost reduction and affordability, improve the quality of healthcare, and introduce the Patient's Bill of Rights.
Stay on parents insurance until 26 years of age.
Prohibited pre-existing conditions
Fine for no coverage (no longer part of this act)
The National Federation of Independent Businesses v. Sebelius case connects to the fine/tax on those who don't want health insurance.
Texas schools are funded through...
Market value (x) Tax rate = property tax
Issue with Texas school funding by property taxes is that...
racial and minority issues; better education is for the "upper class".
the economic crisis beginning with the stock market crash in 1929 and continuing through the 1930's.
In the United states, began in the 1930's during the great depression.
A government that undertakes responsibility for the welfare of its citizens through programs in public health and public housing and pensions and unemployment compensation etc.
When the government started to get involved in welfare because of the Great Depression.
Social Security Act of 1935
Provided old-age pension (retirement), and a program of unemployment insurance (temporary aid to help people who lose jobs to find a new job), and federal welfare program (aid for very poor). Most famous and important legacy of New Deal. Has resulted (along with Medicare) with drastic reduction in poverty among elderly in the US
Money is involved; funded by taxes and are reconsidered annually for cost-of-living adjustments.
1. Social Security (retirement)
2. Medicare (govt. health insurance for 65 years and older); it doesn't pay for everything so need a supplemental to pay for the rest.
No money involved; free
1. Medicaid (govt. health insurance for the poor); have to qualify by passing a means test.
2. Food Stamps
Social policy consists of guidelines, principles, legislation and activities that affect the living conditions conducive to human welfare, such as a person's quality of life.
Social policy is policy usually within a governmental or political setting, such as the welfare state and study of social services.
Social Security's benefits include retirement income, disability income, Medicare and Medicaid, and death and survivor-ship benefits.
(in the US) a federal insurance program that provides benefits to retired people and those who are unemployed or disabled.
A federal program of health insurance for persons 65 years of age and older.
A federal and state assistance program that pays for health care services for people who cannot afford them.
Providing automatic increases to compensate for inflation.
adjustment of tax brackets to offset the effects of inflation.
periodic process of adjusting social benefits or wages to account for increases in the cost of living.
non cash goods and services provided to needy individuals and families by the federal government.
The most common in-kind benefits include food giveaways, food stamps, subsidized housing, and farm aid. The most common in-kind benefits include food giveaways, food stamps, subsidized housing, and legal aid. The government institutes welfare programs to improve transportation routes.
Foreign Aid: food, goods, etc given for something in return.
Foreign Sanctions: impose fines until something is stopped.
Powers of the President
Very short part of the Constitution.
To become a President you have to be...
1. 35 years old
2. Natural born citizen (John McCain was not a natural born citizen)
3. 14 year resident
2. Political Background
A group of people named by each state legislature to select the president and vice president. This is in the constitution, so if want to get rid of it, need an amendment.
How we elect or president.
Whoever wins the most votes in that state wins the states electoral college vote.
Can win a collective amount worldwide which means can have a higher percentage world wide but lose because they did not win the state electoral college vote.
The President's Military Powers
President is the commander-in-chief;
Can send out troops; however, every 60 days the President gets checked by Congress.
Congress only has the power to declare war (Article I).
The President's Executive Powers
The President's Judicial Powers
President can pardon people of crimes. Can he pardon himself? Not sure but pardons cannot apply to cases involving impeachment.
The President's Legislative (law making) Powers
Veto, State of the Union Address, and Executive order.
a constitutional right to reject a decision or proposal made by a law-making body.
State of the Union Address
A yearly report by the president to Congress describing the nation's condition and recommending programs and policies.
a rule or order issued by the president to an executive branch of the government and having the force of law.
President cannot get funding. Example: Trump cannot funding of the wall without "National Emergency" and ONLY CONGRESS (specifically the house) can appropriate money.
The President's Diplomatic Powers
Head of State and Government (different from other areas in the world where the queen is the head of state and a general is the head of Government).
Head of State
The chief public representative of a country, such as a president or monarch, who may also be the head of government.
Head of Government
The executive role that deals with the everyday tasks of running the state, such as formulating and executing policy.
heads of the major departments (secretary of...)
within the federal government. There are 15 departments total.
White House Staff
advisers and analysts to the president; Not confirmed by the senate.
Mike Pence (social conservative)
Comes from battleground and compliments Trump.
National Security Council
Gives advice on national security to the President.
2. Vice President
3. Secretary of State
4. Secretary of Defense
5. Attorney General
First Spouse (lady)
Has no real power or policy power; pick one non-controversial policy to implement.
a system of government in which most of the important decisions are made by state officials rather than by elected representatives.
complex organizational structure with:
1. Defined Hierarchy
2. Specialized Roles
Bureaucracy can do this.
Rule-making; taking a law and enforcing it.
To become a Bureaucrat...
Used to have to go through the Spoils System: Nepotism/someone becomes President and elected others that they knew.
Now it is the Merit System: have to be qualified; take a test, etc.
People/Groups in the Bureaucracy
2. Independent Agencies (FBI, CIA, Dept. Justice (non-political)
3. Independent Regulatory Commissions (FCC-Network TV is Monitored)
agencies in the executive branch of the federal government formed by Congress to help enforce laws and regulations not covered by the executive departments.
3. Department of Justice
Independent Regulatory Commission
A government agency with responsibility for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules.
Example: FCC- Network TV is Monitored
a system of employment based on qualifications, test scores, and ability, rather than party loyalty.
Goals in Bureaucracy
1. Provide Public Welfare- Department of Health and Human Services
2. Security (National)- FBI, CIA, DOJ
3. Maintaining Strong Economy
Department of Health and Human Services
Works for the well-being and health of all Americans
One way to reform Bureaucracy; eliminate the program or agency. Completely get rid of it.
One way to reform Bureaucracy; Transferring responsibility for policies from the federal government to state and local governments. Allowing state governments to control and agency/program.
One way to reform Bureaucracy; Allowing the private sector to run a program. Allowing a business or stock market.
To change from government or public ownership or control to private ownership or control.
The policies and programs that affect our relationship with another country. (war, trade, humanitarian needs, immigration, etc.)
Historical Goals of Foreign Policy
Not becoming involved in global affairs (beginning of our country; WWII).
Spending money building nuclear missiles with the hope of deterring enemies from using their weapons. (Cold War-Soviet Union (Russia) ).
Military striking an enemy before they strike us. (post 9/11); Emphasis on intelligence gathering.
Issue with this:
1. Nation-state: country that has a common leader and a common geographic boundary
2. Non-state actors: no common leader and no geographic boundary.
Example of Preemption
Cold War - Soviet Union (Russia)
Example of Deterrence
WWII - beginning of our country
Example of Isolation
Makers of Foreign Policy
3. Secretary of State
4. Secretary of Defense
5. Joint Chiefs in Staff
President in Foreign Policy
commander-in-chief; most important person. Has executive agreement - same force as a treaty but does not need to be confirmed by the senate.
Congress in Foreign Policy
constitutional right to declare war.
Secretary of State in Foreign Policy
diplomacy: representing a country to another country in the hopes of a peaceful resolution to a problem.
Mike Pompeo is the current Secretary of State.
Rex Tillerson was fired by Trump
Joint Chiefs in Staff in Foreign Policy
assist the President in formulation military policy.
same force as a treaty but does not need to be confirmed by the Senate.
Foreign Policy Tools
2. NATO - North Atlantic Treaty Organization
3. United Nations
4. World Bank
5. Foreign Aid (Carrot)
6. Foreign Sanctions (Stick)
7. Military Action (Last resort)
One tool for Foreign Policy;
Sit down with the country.
One tool for Foreign Policy;
North Atlantic Treaty Organization - collective security treaty (alliance); if one NATO country is attacked, all NATO countries defend the country that was attacked. (22 NATO countries)
One tool for Foreign Policy:
Council of most counties of the world that meet to resolve global issues.
1. No army to implement decisions/resolutions.
2. United Nations Security Council: executive council of the United Nations; 5 countries United States, China, Britain, Russia, and France. Resolutions have to be approved by these countries.
United States, China, Britain, Russia, and France
A resolution proposed by the United Nations needs to be approved by these 5 countries.
the system of employing and promoting civil servants who are friends and supporters of the group in power.
an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.
A policy adopted by the Bush administration in 2001 that asserts America's right to attack any nation that has weapons of mass destruction that might be used against U.S. interests at home or abroad.
handles relations with other nations.
Plans the nations foreign policy.
A cabinet-level body charged with the execution of foreign policy.
Independent agencies governed by an appointed and confirmed commission. Examples include the Food and Drug Administration, Environmental Protection Agency, and the Securities and Exchange Commission.
Administrative units, such as the Federal Communications Commission and the Environmental Protection Agency, that have responsibility for the monitoring and regulation of ongoing economic activities.
Independent Regulatory Agencies
Agencies with quasi-judicial responsibilities that are meant to be carried out in a manner free of presidential interference.
FBI, CIA, etc.
a president's authority to release or excuse a person from the legal penalties of a crime
Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community.
The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.
powers claimed by a president that are not expressed in the Constitution but are inferred from it.
Most Favored Nation
trading status describes a condition in which a country grants other countries favorable trading treatment such as the reduction of import duties
WTO (World Trade Organization)
the only global international organization dealing with the rules of trade between nations
GATT (General Agreement on Tariffs and Trade)
international agreement first signed in 1947 aimed at lowering trade barriers.
NAFTA (North American Free Trade Agreement)
An agreement for free trade between the United States and Canada and Mexico.
UN Security Council
a body of 5 great powers (which can veto resolutions) and 10 rotating member states, which makes decisions about international peace and security including the dispatch of UN peacekeeping forces.
A 15-member panel which bears the UN's major responsibility for keeping international peace.
the central bank of the United States
Powers of the President
1. commander in chief
2,. sign a bill (to make it a law)
3. pocket veto-(bill that is brought up within the last 10 days of congressional session, and pres. ignores it)
5. power of foreign policy (diplomatic recognition-power to send and receive ambassadors
6. power of appointment
8. required to give a state of union message
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