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Ap government final exam review

Terms in this set (366)

Government
Institutions and processes through which public policy is made for a society
Public goods
Goods, such as schools, that everyone must share; they are open to the public
Politics
Process by which we select our governmental leaders and what policies these leaders pursue. It produces authoritative decisions about public issues. Who gets what when and how.
Political participation
All activities used by citizens to influence the selection of political leaders or the polivies they pursue; ways in which people get involved in politics. Ex. Voting, protest
Single issue group
Groups that have narrow interests, tend to dislike compromise and draw membership from people new to poitics
Policymaking system
Process by which policy comes into being and eolves over time. People's interests, problems, and concerns create political issues for government. Issues shape policy which impacts people, generating more interests, problems, and concerns
Linksge institutions
Political channels through which peoples concerns become poitical issues on the policy agenda
-elections, political parties, interest groups, media
Policymaking institutions
Branches of government charged with taking action on political issues. Us constitution established three of them: congress, the president, and the courts.
Policy agenda
Issues that attract serious attention of public officials and other people actually involved in politics at any time. Most serious problems will most likely end up here.
Political issue
Issue that arises when people disagree about a problem and how to fix it
Public policy
Choice government makes in response to a political issue. Its a course of action taken with regard to some problem.
Democracy
System of selecting policymakers and of organizing government so policy represents and responds to the public's preferences
Majority rule
Fundamental principle of traditional democratic theory. In democracy, choosing among alternatives requires the majaoritys desires to be respected.
Minority rights
Principle of raditional democratic theory. It guarantee rights to those who dont belong to majorities
Representation
Basic principle oftrditional democratic theory. Its the relationship between few leaders and many followers.
Policy gridlock
Occurs when no coalition is strong enough to form a majority and establish polcy-- nothing gets done.
Political culture
Overall set of values shared in a society. It holds american democracy together
Governmental institutions
Executive, legislative, judicial, media, and bureacracy. Each institutions we have has processes: executive orders, amendments, court decisions, shaping public opinion, etc. government decides through public policy who gets what when and how
Origins of democracy
Aristotle, point of politics, constitutions or polity( arrangements of magistracies in a state), pluralism contributes to formation of a society, man is social, community (needed to know yourself), hapiness( goal of society), polity( best solution for government between democracy ehere everyone has influence)
Practical challenges to democracy
Order v. Liberty, majority representEd and minority is not, increased technical expertise, decreased particiption, devestated access
Tyranny
When a group has absolute control
Despotism
Whem someone has power and uses it in an egregious way
American democracy
Equality, freedom, soverngntry( by people, power resides with them), progress, individualism (choice), pride (patriotism)
Types of public policy
1. Congressional statue- law passed by congress
2. President action- decisiom by prez
3. Court decision- opinion by the court.
4. Budgetary choices- legislature enactment of taxes and expenditures
5. Regulation- agency adoption or regulation
Pluralist theory
Theory of a contemporary democracy. Politics is mainly a competition among groups, each pressing for its own preferred policies. Groups with shared interest influence public policy.
Elite class theory
Theory of a contemporary democracy. Societies are divided among class lines, upper class (elite) will rule.
Hyperpluralism
Theory of a contemporary democracy. Groups are so strong that the government is weakened' it is an extreme form of pluralism
traditional democracy theory
rests on the number of key principles that specify how government decisions are made in a demoocraacy: equality in voting, effecttive participaation (ccitizzens must have eqqual opportunity to expresss preferencess), englighttened understanding (mmarkeyplacce of ideas), citizens control of ageendaa (citiizens should have collective right to ccontrol the poolicy agenda), inclusion (government must include and extennd rights to all)
public policy
choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.
Seymour Lipset's Summary of Democracy
Liberty (Americans rather battle than submit to the oppression of communist rule), egalitarianism (equal opportunity, everyone has chance to be rich), individualism ( people can/ should get aahead on their own), lassiez faire, populism (emphasis on the people)
culture War
3 ways in which this is true: loss of traditional values, unfavorable comparison with citizens of other countries (patriootism), division of society into opposed groups w/ moral differences.
2 fundamental questions about government
1. how should we govern? 2. what should the government do?
what does the national government provide
national defense, public services, preserve order, socializes the young, collect taxes
constitution
nation's basic law, creates political instiutions, assigns or divides powers in government, and provides some guarantees. it sets broad rules of game of politics and supercedes ordinary law.
US Constitution
document written in 1787 that sets forth the institutional structure of the US government and tasks these institutions perform.
THe Constitution made after the AOC
Hamiliton and Madison wrote it. The Federalists wanted to move away from populist tendencies of thhe revolution and articles-more towards structure. Major tensions: large states v. small states, north states v. south states, and federalists v. anti federalists
declaration of independence
document approved by the representative of American colonies in 1776, it stated the Americaan grievances against King George and declared their independence. It blamed the king b.c the colonists thought that parliament lacked the power.
natural rights
rights are inherent in humans, not dependent on the government, "life, liberty, and property"
-LOCKE.
consent of the governed
government derives authority by sanction of the people, the people must agree
limited government
certain restrictions that should be placed on government to protect the natural rights of citizens
Articles of Confederation
1st Constitution of US, adopted by Congress in 1777 and enacted by 1781. It established a national legislature. Continental COngress: most authority rested with the states. It created a Confederation among the 13 states. There was no president, or national court and it limited congressional power. Congress possessed few powers, they had to request money from the states- if they didnt recieve it then they sold land, issued securities for less than they were worth, and disbanded the army. Congress couldnt regulate commerce either.
factions
Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper #10.
Natural Rights Theorists
John Locke believed in the natural rights. He held that before governments arise, people exist in a state of nature where the laws of nature govern them. These laws are determined by people's innate moral sense. Government, he argued, must be built on the consent of the governed. Thomas Jefferson said that men are created equally and are "endowed by theeir ccreator with certain unalienable rights"
New Jersey PLan
Each state should be equally represented in Congress
Virginia Plan
Each state has representation in Congress based on the states share of AMerican population
Connecticut Compromise
2 houses in Congress (bicameral legislature)- Senate (2 members from each state NJ), House of Reps (representatiom based on population PA)
Shay's Rebellion
series of attacks on courthouses by a small vand of farmers led by revolutionary war Captain Daniel Shays to stop foreclosure proceedings.
writ of habeas corpus
court order requiring jailers to explain to the judge why they are holding a prisoner in custody
separation of powers
in the constitution, requires each of the 3 branches (executive, legislative, and judicial) to be relatively independent of the others so one cannot control the others
-shared power
checks and balances
limit government's power by requiring that power be balanced.
republic
form of government in which people select representatives to govern them and to make laws. It derives power, directly and indirectly, from the people. Those chosen to govern are accountable to those with whom they govern.
Anti Federalists
farmers and laborers. They wanted strong states, weak national government, direct elections, shorter terrms, and rule by the common man.
Federalists
Large landowners, merchants, and professionals. They believed in weak states, strong national government, indirect elections, longer terms, and government by the elite.
Federalist Paperss
collection of 85 articles written by Hamilton, Jay, and Madison.
Bill of Rights
first 10 amendments to the Constitution. It was drafted in response to the Anti federalists concerns- defines basic liberties, freedom of religion, speech, press, and guarantees defendants rights. New Hampshire made it official (9th state to agree).
Timline of AMerican REvolution
1750: england establishes colonies
1764: sugar act
1765: stamp act
1766: Stamp act repealed--declaratory act
1770: boston massacre
1773: boston tea party
1774: continental congress, PA
1776: win @ saratoga, the french help now
1777-78: winter at valley fforge
1781: britissh lose in yorktown
1781-1787: articles of confederation
1787: constitution ratified
winning independence
Colonists seemed like little match for Britain but they won in 1783. People lost their lives in the revolution but it was an essentially conserative movement that didn't dreastically change life.
2 models of reform during the constitutional convention
change the government, adjust structure of articles, separation of powers, build national government (FEDERALIST). Support civic virtue, rep government religiious tones, local practices (ANTI FEDERALIST)
powers in constitution
Congress: taxes, regulates commerce, prints money, regulates value
States: no longer can impair a contract: if it promises something it must follow through
OTher:NEw government assumes the debt of the old one, repub government, states must respect civil court judges in other states
Philadelphia Convention
An unofficial band of reformers called for this meeting, not all states were present. They began to wwrite the US constitution. Topicss of discussion: Human Nature- people were self interest and goveernment should keep peoples self interests, Political Conflict: distribution of wealth, religion, views of governing, attachment to leaders, Objects of Government: security, individdual rights to get and hold power, Nature of Government: power should be balanced
Sources of American Thought
1. Protestant Theology: America is unique, important, people act out of self interest
2. ENglish liberalism: Natural rights are key (locke)
3. whig theory of history: celebration of tradition, civic virtue
4. Scottish political economy: competition
5. continental republicanism: factions are good (montesquie?)
6. French Enlightenment: idea of progress in history, rational approach to politics
Liberal V. Whig
Liberal: social control theory, self interest, popular sovereigntry, republican form of government
Whig: connservation, emphasis on natural comm, deference to tradition, man is social, limited government, separation of powers, need civic virtue
spirit of 1776 and spirit of 1787
1776: Articles- emphasis on participation, liberal, democractic, reps of individual self interest
1787: Constituion- emphasis on reps. conservaative, republican, representation for the common good
slavery
legal in every state except Massechusetts. The delegates agreed to let Congress and future generations deal with the issue of slavery. They made it so slaves counted as 3/5 of a person.
Madisonian Model
-limit majority control, president nominates judges, if the majority seized power of the House they couldn't do anything without the senate or the president, separation of powers, checks and balances, federal system- power is divided between national and state government, republic, encouraged moderation and slow change
Formal Amendment Process
Phase 1: PROPOSAL: propsed by a 2/3rds vote in the House OR by a national convention called by Congress
Phase 2: RATIFICATION: legis. of 3/4 of states can vote OR by special state conventions
(EACH PROPOSAL CAN USE EITHER OF THE RATIFICATION METHODS)
Informal Amendment Process
-Judicial interpretation- judges decide how to interpret the Constitution
- changing political practice
-technology
-increasing demands on policymakers
Federalism
way of organizing a nation so that 2 or more levels of the government have formal authority over the same area and people
-system of shared power between the units of government
--we are subject to the formal authority of both the state and national government
unitary governments
way of organizing a nation so that all the power resides in the central government
confederation
government in which the national government is weak and the state government is strong
10th amendment
constitutional amendment that states "powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"
shared powers
national government: coins money, regulates commerce, provides an army and navy, establish courts, establish post offices
shared powers: tax, borrow money, establish courts, make/enforce laws, charter banks and corporations
state government: establish local govs, ratify amendment to federal constitution, conduct election, publc health and safety measure,exert power not given to the national government
full faith and credit
each state must recognize official documents and civil judgement rendered by courts of other states (business documents too)
extradiction
legal proess whereby an alleged criminal is surrendered by the officials of one state to officials of the state in which the crime was committed
privileges and immunities
citizens of each state must recieve privileges and immunities of any other state in which they are in-prohibits states from discriminating against citizens of other states (some exceptions)
today's intergovernmental relations
-shift from dual federalism--cooperative
-rise of fiscal federalism, elaborate assortment of federal grants-in aid to the states and localities
dual federalism
system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies
cooperative federalism
system of government in which powers and policy assignments are shared between states and the national government. They must also share costs, shared administration and federal guidelines
fiscal federalism
pattern of spending, taxing, and providing grants in the federal system. Subnational governments can influence the national government through local elections for national officials but the national has a powerful source over states-- money!
-grants in aid, federal funds appropriated by congress for distribution to states and local governments, are the main instrument the national government uses for both aiding and influencing states and localities
categorical grants
federal grants can be used only for specific purposes, or "categories", of state and local spending. They come with attached strings.
-CROSSOVER SANCTIONS: using federal money in one program to influence state and local policy in another
-CROSSCUTTING REQUIREMENTS: when a condition on 1 federal grant is extended to all activities supported by federal funds, regardless of their source
2 types of categorical grants
-project: given for specific purposes and awarded on basis of merit
:formula:according to a formula specified in legislation
block grants
federal grants given more or less automatically to states or communities to support broad programs in areas, such as, social service
federalism advantages
-more levels of government, the more opportunity there are for participation in politics
-additional levels of government- increase access to government
-business interests, however, have traditionally found state governments to be more responsivee to their demands
federalism disadvantages
-states differ in resources they can devote to services
-diversity in policy can also discourage states from providing services that would otherwise be available
-local interests can threaten national majority support of certain policies
supremacy clause
article VI of the constitution which makes the constitution, national laws and treaties supreme over state laws when the national goverment is acting within its constitutional limits
public opinion
-distribution of population's beliefs about politics and policy issues
-measuring puublic opinions involves interviewing procedures and careful wording of questions
-further complicated by the fact that people are often not well informed about the issues
immigrant society
-US has always been a nation of immigrants
-all americans except native americans are either descended from immigrantss or are immigrants
-3 waves of immigration: english/irish, italians/jews, hispanics
-immigrants bring with them their aspirrations as well as their own political beliefs
American Melting Pot
-melting pot: mixing of cultures, ideas, and people that have changed the american nation
-policyymakers have begun to speak of a new minority majority
--emergence of minority majority is one of several major demographic changes
minority majority
emergence of a non-white majority, as compared with white, generally anglo saxon majortiy
simpson mazzoli act
employers must document the citizenship of their employees, must prove they are US citizens or legal immiggrantts in orer to work
-hard for authorities to establish that employers have knowlingly accepted false documents--inadequate
political culture
overall set of values widely shared within a society
reapportionment
process of reallocating seats in the house every 10 years on the basis of the results of the census
political socialization
according to richard dawson "process through which an individual acquires his/her particular political orientations- his/her knowledge feellings, evaluations regarding his/her political world"
-elderly have undergone the moost
-governments aim their socialiization efforts largely at the young
agents of political socialization
1. The Family:central, monopoly on child's time and emotional committment,
2. Mass media: "the new parent"
3. governments often use schools to promote national loyalty and support for its basic values
how polls aare cconducted
-developed by George gallup who invented polling for his mother in law
-polls rely on a sample
-in public opinion polling sample is 1000-1500 people which can acccurately represent the "universe" of pootential voters
-science of polling involves estimation; sample can represent the population with only a certain degree of confidence
sampple
relatively small proportion of people who are chosen in a survey so as to be representative of the whole
random sampling
everyone should have an equal probability of being selected for a sample
sampling error
level of confidence in findings of a public opinion poll
random digit dialing
pollsters place calls randomly while doing a survey- cant call cell phone because people must pay for it, only landlines.
bandwaggaon effect
voters who support a candidate merely because they see others doing so.
exit poll
public opinon surveys used by major media pollsters to predict electoral winners
how can people be so ill informed about politics?
some blame schools for a failure to teach "cultural literacy." People often lack basic contextual knowledge necessary to understand and use information they recieve from the news media or form listening to political candidates.
gender gap
the regular pattern by which women are more likely to support democrat candidates
decline in trust of government
-healthy dose of public cynicism helps to keep politicals on their toes. However, some say that a democracy is based on the consent of the governed and lack of public trrust in government is reflection of their belief that the system is not serving them well. This has drained public support for policies that address problems of poverty and racial inequality.
political ideology
coherent set of bliefs about politics, public policy, and public purpose. It helps give meaning to political events, personalities, and policies.
political participation
all the activities used by citizens to influence the selection of political leaders or the policies they pursue
-can be overt or subtle
-ex. writing a letter, voting,protest
conventional participation
-widely accepted modes of influencing government-voting, trying to persuade others
unconventional participation
activities that are often dramatic, protesting, civil disobedience, even violence
demography
science of population changes, way of looking at the american public
census
valuble tool for understanding demographic changes. The COnstitution requires that one be taken every 10 years
-census bureau conduct these
ideologues
people could connect their opinions and beliefs with broad policy positions taken by parties or candidates
group benefits
people thought of politics mainly in terms of the groups they liked or disliked
nature of the times
handle on politics was limited to whether the times seemed good or bad to them, might vaguely link the party in power with country's fortune orr misfortune
no issue content
simply voting ruotinely for a party or they judged the candidates solely by their personalities
2 kinds of media
1. print-magazines, newspapers
2. broadcast media: displaced print media, radio, tv
Media as a linkage institution
-connects public to government
-communicates to government about public opinion
-key to political participation
-government officials used to be trusted
-media tends to show candidates in negative light
impact of internet
facilitates more communication, allows all to communicate more readily, journalists can now post additional information online, readers and viewers can challenge and add to media stories by posting their own materials
media events
events purposely staged for the media that nonetheless look spontaneous; staged by individuals, groups, and government officials
investigative journalism
use of in depth reporting to unearth scandals, scams, and schemes @ times putting reporters in adversal relationships with political leaders
FCC
federal communications commission; created by congress to regulate use of airwaves
--independent regulatory body
-prevents near monopolies control over a broadcast market by limiting number of stations owned by one company
narrowcasting
media programming on cable tv or internet that is focused on one topic, aimed at particular audiennce EX. MTVV, ESPN, CSPAN
chains
newspapers published by massive media conglomerates that account for over 4/5 of the nations daily newspaper cirrculation.They often control broadcast media as well.
beats
specific locations from which news frequently emanates congress or the white house
trial balloons
intentional news leak for the purpose of assessing the political reaction
sound bites
short video clips of about 10 secs, typically all that is shown of a political speech
policy agenda
issues that attract the serious attention of public officials and other people actively involved in politics at a time.
-interest groups, political parties, politicians, public relation firms, bureaucratic agencies, the prez, etcc. are all pushing for their priorities to take precedence
poliicy entrepreneurs
people who invest their political "capital" in an issue
media bias
reporting is not systematically biased toward a particular ideology or party, most reporters believe in journalistic objectivity. Media outlets have a direct financial stake in attracting views and subscribers and dont want to lose their audience
high tech politicals
politics in which the behavior of citizens and policymakers and the political agenda itself are increasingly shaped by technology.
party competition
batttle of the parties for control of public offices
-ups and downs of 2 major parties are 1 of the most important elements in american politics
political party
team of men and women seeking to control the governing apparatus by gaining office in a duly constituted election
3 headed political "giants"
1. Party in the electorate: largest component of an american political party. American parties dont require dues or membership cards to distinguish members from nonmembers
2.Party as an organization: has national office, full time staff, rules, and by laws and budgets, people who keep the party running between elections and make its rules
3. party in government: elected officials who call themselves members of the party
rational choice theory
-created by anthony downs,relationship among citizens, parties, and policy
1. voters want to maximize chance that policies they favor will be adopted by government
2. parties want to win office- parties must therefore select policies that are widely favored
tasks parties should/do perform
-pick candidates: almost no one above the local level gets elected w/o a party's endorsement (nomination)
-run campaign
-give cues to voters
-articulate policies
-coordinate polcymaking system
party image
voters preception of what republicans and democrats stand for
party identification
citizen's self proclaimed preference for one party or the other
ticket splitting
voting with one party for one office and with another party for other offices.
-norm in american voting behavior
-no state is ever completely safe ffor a given party b/c of ticket splitting
party machines
type of political party organization that relies heavily on material inducements such as patronage to win votes and to govern
patronage
one of the key inducements used by party machines
-a patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone
closed primaries
elections to select party nominees in which only people who have registered in advance w/ the party can vote for that party's candidates
-encourages party loyalty
open primaries
elections to select party nominees in which voters can decide on election day whether they want to participate in the democrat or republican contests
blanket primaries
elections to select party nominees in which voters are presented with a list of candidates from alll the parties. voters can thenn select some democrats aand some republicans if they llike
national convention
meeting of party delegates every 4 years to choose a presidential ticket and write the party's platform
national committee
one of the institutions that keeps the party operating between conventions
-composed of representatives from states and terrritories
national chairperson
responsible for the day to day activities of the party
-handpicked by the presidential nominee
coalition
group of individuals with a common interest on which every political party depends
party eras
hitorical periods of time in which a majority of voters cling to the party in power, which tends to win a majority of the elections
critical election
an electoral "earthquake" where new issues emerge, new coalitions replace old ones and the majority party is often displaced by the minority party. These periods are sometimes marked by a national crisis
party realignment
displacement of the majority party by the minority party, usually during a critical election period
1796- 1824: The 1st Party System
-Hamilton did as much as anyone to inaugarate our party system
-Federlists- 1st american political party,shortest lived too --faded after Adams was defeated--democratic republican (jefferonians) led by Jefferson, Madison, Monroe. Derived its coalition from agrarian interests--As federalists disappeared, old jeffersonian coalition was torn apart by factionalism, it tried to be all things to all people
1828-1856: Jackson and Democratcs V. Whigs
-Jackson forged Democratic Party: to broaden political opportunity
-Van Buren made it b/c the governing party needed a loyal opposition to represent parts of society that it could not--opposition provided by
-The Whigs: two distinct wings- n. industrialists and s. planters, they were brought together more by the democratic policies they opposed than the issues on which they agreed
1860-1928: 2 Republican Eras
REpubs rose as the antislavery party
-civil war- one of those political earthquakes that realigned the parties, repubs thrived for 60 years
party dealignment
gradual disengagement of people and politicans from the parties as seen in part by shrinking party identification- this results in weakened parties
3rd parties
electoral contenders other than the 2 major parties
3 types: 1. parties that promote certain causes, controversial single issue or extreme ideological problem
2. splinter parties: splinter parties: offshoots of major party
3. extension of popular individual presidential aspirations
impact of 3rd parties
-new/different ideas
-voice for the fringe
-safety valve for political discontent
offer enhanced participation
--space to critical voices
consequences of a 2 party system
-moderation of political conflict- both parties will take the more centrist position to appeal to voters
-political ambiguity- parties dont want to apppear too controversial
responsible party model
-parties should offer clear choices to voters who can then use those choices as cues to their own preferences of candidates. Once in office, parties would carry out their campaign promises.
-parties should meet these conditions: 1. must present distinct programs for governing the nation 2.each party's candidates must be committed to its programs and have internal cohesion and discipline to carry out its program 3. minority party must implement its programs and minority party must state what it would do if in power 4. majority party must accept responsibility for performance of the government.
-american parties are too decentralized to take a single national position and enforce it.
rise of divided government
-ticket splitting
-overall decline in party identification: decline in identification in a party
-party neutrality- neutral
-party dealignment- disengagement from parties
nomination
official endorsement of a candidate for office by a political party
-success recquires momentum, money, media
campaign strategy
master game plan candidates lay out to guide their electoral campaign
caucus
-meeting of all state party leaders for selecting delegates to national party convention
small, neighborhood caucuses--county--congressional district--state convention where delegates are finally chosen for the national convention
presidential primaries
elections in which voters in a state vote for candidate or delegates pledged to them
-promoted by reformers to let the people vote for the candidate of their choice and bind delegates to vote for that candidate at the national convention
McGovern Fraser Commisssion
formed at 1968 democratic convention in resposne to demands for reform by minority groups and others who sought better representation--became more open to minority/ women's groups, delegates select openly allowed more participation
superdelegates
democrat party became so concerned about the alck of a role for party leaders at their conventions that starting in 1984 they set aside 15% of their delegate slots of public officeholders and party officials --superdelegates- they restore an element of "peer review"
frontloading
rrecent tendency of states to hold primaries early in the calendar in order to capitalize on media attention
critiicisms of campaigns
-disproportionate attention goes to early caucuses and primaries
-prominent politicians find it difficult to take time out of their schedules
-money plays huge role
-participation is low and unrepresentative
-system gives too much power to media
national primary
proposal by critics of the caucuses and presidential primaries which would replace these electoral methods with a nationwide primary held early in the election year.
regional primary
proposal to replace these electoral methods with a series of primaries held in each geographic region
party platform
political party's statement of its goals and policies for the next 4 years
-drafted prior to the party convention by a committee whose members are chosen in rough proportion to each candidates strength
-formal statement of party beliefs
candidates must to what to organize a campaign
-get campaign manager, fundraiser, campaign media consultants, campaign staff, plan logistics, get research staff/pollsters, make website
federal election campaign act
created federal election commission- bipartisan agency that administers and enforces campaign finance laws
-created presidential election campaign fund- money from income tax, distributed to candidates
-matching funds- contributions of up to 250 are matched by the president elect campaign fund, if you pick federal funding--limited to that amount and recquires full disclosure
mccain feingold act
1. banned soft money contributions
2. increased amount that individuals could give to candidates
3. barred groups from running "issue ads" within 60 days of a general election if they refer to a federal candidate and are not funded through a PAC
527 groups
independent groups that seek to influence the political process but arent subject to contribution restrictions b/c they dont directly seek the election of particlar candidates.
-naem comes from section 527 of federal tax code
factors that weaken impact of campaigns on voters
- most people pay relatively little attention campaigns
-selective perception- people pay most attention to things they already agree with
party identification
-inumbents- name recognition, track record
nomination process
-debate between candidates--fundraising--building a support base-- candidates want to build name recognition
pros and cons of campaigns
pros- get to know candidates well, allows time for candidates to improve, weeds out candidates
cons: all engery is on campaigning, not current issues, over exposure of candidates
elections
institutionalize political activity, provide regular access to political power
primary elections
voters select party nominees
general elections
contested between the nominees of the parties
elections that address a specific policy
voters engage in making or ratifying legislature
preidential elections
1. candidates from both parties enter race for party nominations- 2 years before
2. start campaigning- political ads
3. nomination elections- primaries, caucuses
4. national convention:write party platform, roll call votes of delegates
5. campaigning for general election- aug -nov- candidates debate and fundraise
6. general elections- nv 6th
7. electoral college- vote- dec- state electors meet to submit elector ballots to vp
8. presidential inauguration- jan 20th
legitimate elections
- impartial officials, limited candidates, clear voting procedures, non violence, understanding that winner= authority, people free from coercion.
how electoral college works
-each state parties select electors, they use as reward for a faithful service to the party. each state has a winner take all system.
-electors meet in their states in dec and mail votes to the vp. vote is counted when new congressional session opens in jan.
-if no candidate wins--house of rep chooses from top 3 electoral winners.
electoral college
unique american institution created by the constitution, providing for the selection for the president by electors chosen by state parties.
-winner take all rule gives clout to big states
pros and cons of electoral college
pros- more qualified electors, gives importance to small states, written in constitution
-cons- win popular vote, not electoral, indirect voting, over represents people in rural states,, fails to reflect populations will
policy voting
electoral choices that are made on the basis of the voters' policy preferences and on the bassis of where the candidates stand on policy issues
-voters must know their own policy positions
-voters must know where candidadtes stand on policy issues
-voters must see differences between candidates
-voters must cast a vote for the candidate whose policy positions coincide with their own
civic duty
belief that in order to support a democratic government, a citizen should always vote
voter registration
system adopted by the states that recquires voters to register in advance of election day. some states permit election day registration
-made easier by motor voter act- recquires states to permit people to register to vote at the same time they apply for their drivers liscence
political efficacy
belief that one's political participation really matters- ones vote can actually make a difference
referendum
state level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment
initiative petition
process permitted in some states whereby voters may put proposed changes in the state constitution to a vote if sufficient signatures are obtained on petitions calling for such a referendum. they are often portrayed as lawmaking from the ground up with the people taking charge of the political agenda
mandate theory of elections
-idea that winning candidate has a mandate from the people to carry out his/her platforms or politics
-politicians like this theory b/c it gives them permission/power to do whatever.
-political scientists- hate it b/c they know that people rarely vote a certain way for the same reasons
-focus instead on: voter's party ID, voters evaluation of the candidates, match between voters policy positions and those of the candidates and parties- "policy voting"
interest groups
organization of people with shared policy goals entering the policy process at several points to try to achieve those goals. they pursue goals in many arenas.
equality interest groups
2 sets of interest groups minorities, and women, have made equal rights their main policy goal. EX. NAACP
Economic interest groups
those interests concerned with wages, prices and profits. Deals with labor, unions, right to work laws, and business
environmental interest groups
promoted pollution control policies, wilderness protection, population control and oppose oil drilling and nuclear power plants.
iron triangles
-subgovernments or issue networks--create a very closed system
-involves legislative committees, interest groups, and bureaucratic agencies
-legislative committees give interest groups access to policy and interest groups give legis. committees information.
-interest groups lobby bureaucratic agencies and bureaucratic agencies give interest groups programs and offer contracts
-bureaucratic agencies give constituent benefits to legis. committees and legis. committees give bureaucratic agencies promotions.
potential group
all people who might be interest group members b/c share some common interest; almost always larger than ACTUAL GROUP- part of potential group consisting of members who actually join.
free rider problem
problem faced by unions and other groups when people dont join b/c they can benefit from the groups activities w/o officially joining. the bigger the group- the more serious the problem.
olson's law of large groups
larger the group, the further it will fall short of providing an optimal amount of collective good. The larger the potential group the less likely they are to contribute- overcome this by providing slective goods to actual members
collective good
something of value (money) that cannot be witheld from a group member
incumbents
someone who has already been elected and is running for re election. Advantages: name recognition, record to defend, experiences
-benefit the most from money coming from PACs.
hard and soft money
hard money is for specific candidates. and soft money is for a political party, more issue based.
single issue group
groups that have a narrow issue, tend to dislike compromise and often draw membership from people new to politics
electioneering
-how interest groups try to shape policy
-direct group involvement in the electoral process including, funding campaigns, providing testimony, and getting members to work for candidates and some form of PACs.
- also recruit members to run as candidates for office and issue official group endorsements
PACs
political action committees; created by 1974 campaign finance reforms. A corporation, union, or some other interest group can create a PAC and register with Federal Election Commission, which monitors the PAC's expenditures-- Purpose: raising, spending money to elect/ defeat a candidate
Litigation
-how interest groups try to shape policy
-going to court in the hope of getting specific ruling, its more specific and direct
-if legislation is too vague or is defeated groups turn to litigation
-use amiscus curiae briefs & class action lawsuits
amiscus curiae briefs
legal briefs submitted by a friend of a court for purpose of raising additional points of view and presenting information not contained in the briefs of formal parties
try to influence court decisions
class action lawsuits
lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
Lobbying
-how interest groups shape policy
-communication by someone other than a citizen, directed to a government ddecision maker with the hope of influencing his decision.
-2 types: regular paid employees and those available for hire
how lobbyists try to help members of congress
-important source of information
-help politicians with political strategy for getting legislation through
-help formulate campaign strategy and get the groups members behind a politicians reelection campaign
-source of ideas and innovations
going public
-how interest groups try to shape policy
-interest groups carefully cultivate their public image and use public opinion to their advantage when they can
public interest lobbies
organizations that seek a collective good and the achievement of which will not selectively and materially benefit the membership or activities of the organization
pluralism and group theory
-pluralist theory- emphasizing that politics are mainly a competition among groups, each one pressing for its own preferred policies
-pluralists offer a group theory of politics: groups link people and government, groups compete, no one group is to be too dominant, groups play by the rules of the game, groups weak in 1 resource can use another
-lobbying is fine
elite and denial of pluralism
-elite theory: society is divided into haves and have nots; upperclass elite will rule
-government is run by a few big interests: view shared by the majority of the public in recent years
-elitist view on interest groups: groups are extremely unequal in power, power is held by the biggest corporations, corporate elites prevail on big decisions
-lobbying is a problem-- benefitss the few at the expense of many
hyperpluralism and interest group liberalism
-groups are so strong that government is weakend, extreme form of pluralism
-interest group liberalism: government's excessive deference to groups promoted by networks of subgovernments- network of groups within the american political system that exercise a great deal of control over specific policy areas
-position on group politics: trying to please every group results in contradictory and confusing policy
Congress
-House: rep based on population, 435 reps.
-Senate: each state has 2 senators, 100 senators
-535 congressmen, members of legislative branch- create the law, every 2 years the members of congress in house and a 1/3 of the senate are up for re election
constitutional requirements in congress
-house: 2 year term, must be 25 years old, US citizen for at least 7 years
-Senate: 6 year term, 30 years old, US citizen for 9 years, MORE CLOUT.
constitutional responsibilities
-house: bills pertaining to revenue starts here, taxes, pass articles of impeachment
-Senate: can propose amendments, confirms president nominations or appointments, impeachment trials
congressional leadership
-House: Speaker of the House- from majority party-- majority leader and minority leader--majority whip and minority whip
-Senate: Vice President--President Pro Tempore--Senate Majority Leader--Minority Leader--Majority and Minority Whips
House leadership
-Speaker: presides over the House, appoints select and conference committees, appoints Rules commmittee, assigns the bills to committees, and is 2nd in line for the presidency
-Major and minor leaders: picked by parties to strategize legislation, serve as floor leaders
-Majority and minority whips: assistant floor leaders, inform party leaders on progress, keeps track of important votes.
Senate Leadership
-Vice President: presides over senate, breaks a tie
-President Pro Tempore:ceremoniaal position, presides over senate when the vvice president cant attend, 3rd in line for president, longest serving majority party senator
-Senate Majority Leader: true leader of the senate, recognized 1st in all debates, leads the majority party
-Minority leader: same as the House
-Party whips (assistant majority and minority leader)- same as the house
congressional committees
launching pad for legislation
-point- to control the congressional agenda and guide legislation
-4 types
standing committee
separate committees that handle bills in different subject areas
joint committee
committees on different subjects but with members from both chambers
i.e, appropriations, budget, etc.
conference committee
committee that meets when the house and the senate pass different versions of the same bill to reach a compromise
-members are appointed by congressional leaders
select committees
committees in which members are appointed to work for a specific task (i.e, watergate investigation)
-appointed by speaker of house
party decentralization
decline of power of political parties is also occuring in congress
-party leadership is decentralized-party leaders cant make members of their party vote a certain way
committees
much of the work done in congress is done here. this is where bills are researched, changed, and initially voted on before going to the floor.
committee chairs
often more important than the standard congressional leadership
-before 1970s, selected based on senority- still general rule but with exceptions
-power has diminished (3 terms only)
committee assignments
senators and representatives want to get the best committees possible to help with reelection, gain influence in congress, and get the opportunity to make legislation they think is important
-all committees are bi partisan
-the cchair comes from the majority party
-congressman can state preferences but its up to chair and the speaker of the house )but in the senate, its only up to the chair)
congressional caucuses
group of members of congress sharing some interest or characteristic (interest groups in Congress)
-currently over 300
public bills
bills that apply to the entire nation
private billls
bills that apply to a specific area or group of people
joint resolution
bills that carry the force of law and is used in the amendment of the constitution
omnibus bill
collection of bills related (or unrelated) to policies in one bill
bill
proposed legislation
how bill is passed
1. after bill is placed in the hopper, it is read and referred by the speaker who can "mess" with the bill by: MULTIPLE REFERRALS: sending bill to multiple committees, SIMULTANEOUS REFERRALS: several committees get the bill at the same time, SEQUENTIAL REFERRAL: sending the bill to one committee then another then annother
-committees: where bills are really worked on
2. committee action: pass bill as is, amend bill- muust go through "mark up" if this happens, or kill bill, or rewrite the bill, or recommend the bill unfavorably, or PIGEONHOLE it- bill sits in pile and committee never gets it, altough you can use a discharge petition to get it out.
3. Next step for the House is the Rules Committee: either OPEN RULE: amended during floor debate CLOSED RULE: no amendmendment & goes to the floor or its passed or killed or NO RULE: bill is dead
4. Floor debate: gives all members of the houes a chance to debate the bill, tthere must be a quorum (majority). bill gets its second reading, then floor is open for debate, debate iss concluded and bill is read for 3rd time
5. House Votes: not controversial: voice vote, controversial: write down
6. Bill passes--goes to senate (same if bill passes in house, it goes to the senate)
7. Senate- bill is referred to committee so members can study it
8. committee action: senate has same options as house
9. Floor debate: bill passes w/ majority--goes to senate floor (no rules committee in the house); similiar to ddebate in the house--2nd and 3rrd readings
-options: passed in exact same form--president, senate makes change--house--house approves--then the president, if house doesnt approve the changes--dead!, senate makes huge changes--conference committees
10. conference committee- compromise bill is set to floor of house/senate floor (both approve, the president recieves it!)
11. the president!
pocket veto
the president can do nothing and if congress isnt in session, then the bill dies
differences between house and senate
-amendments dont have to be related to the bill
-in senate, no time limit so senators can FILIBUSTER
Filibuster
talk a bill to death. Once given permission to speak, you can talk about anything as long as someone is talking, no business can take place.
-used to get a compromise
-filibuster can be ended by invoking CLOSTURE: takes 60 votes, so it is very difficult to end the filibuster
congressional elections and redistricting
-incumbent advantage
-role of party identification: people who identify themselves with a party are very likely to vote for that party
-parties want districts that are safe as possible- state legislatures often use technology to draw boundaries for house districts so that one party is favored
-redistricting makes elections less competitive
gerrymandering
attempt to give one party an advantage in redistricting
-redistricting is done once every 10 years to accommodate population shifts reported in the census.
the President
-chief legislator: major shaper of congressional agenda
-mandated by constitution to give state of union address, and has veto power
-party leadership: party's figurehead, he helps manage party conflict but needs congress to do anything- they help him push agenda through, mobilize his party and create consensus
-strong public opinion can create a mandate
mandate
idea that if someone is elected, they have the power to push through any policy on their policy agenda
legislative skills
how the president manipulates congress to get what they want: bargaining, making perosnal appeals, consulting with congress, setting priorities, exploiting public opinion, offering help
impeachment
political equivalent of an indictment in criminal law, prescribed by the constitution
-house may impeach by a majority vote for "treason, bribery, or other high crimes and misdemeanors" (need 2/3 vote)
25th amendment
permits the vice president to become the acting president if both the vice president and the president's cabinet determine that the president is disabled. also outlines how a recuperated president can reclaim the job.
federal bureaucracy
president appoints 500 high level positions: cabinet, agency heads, non civil service posts
-spends more than 2.5 trillion anually
-takes care of regulatory policy
vice president
takes the presidents place if the president dies, is injured, etc.
-asssigns task of presiding over senate and voting in the case of a tie among senators
-gives advice to the president & helps shape policy and agenda
-president picks him based on clout, experiences, opposite of the president, someone popular, and region
cabinet departments
-type of group agency in the bureaucracy
group of presidential advisors not mentioned in the constitution although every president has one
-14 secretaries and 1 attorney general
-Secretary of state: Clinton, Sec. of Defense: Panetta, Sec. of Treasury: Geithner, Sec. of Justice: Holder Jr.
executive office
EEOB houses a collection of offices and organizations loosely grouped into Executive office; congress has created some of these offices by legislation and president has organized the rest.
3: national security council, council of economic advisers, office of management and budget
national security council
coordinates presidents foreign and military policy advisers. Formal members: president, vice president, secretary of state, defense and managed by the president's national secretary assistant
council of economic advisers
3 member body appointed by president to advise president on economic policy
office of management and budget
gew out of bureau of budget, consists of political appointees and 100s of skilled professionals
-performs managerial and budgetary functions
-president uses it to review legislative proposals from cabinet and other executive agencies so that they can determine whether they want an agency to propose these initiatives to congress
white house staff
consists of key aids, congresional liason people, a press secretary, national security assistant, and a few other administrative and political assistants. 600 people work on staff
-hierarchical: chief of staff at top, whose job it is to see that everyone else is doing his or her job and that the presidents time and interests are protected
-wheel and spokes- many aids have equal states and are balanced against one another
white house aids
central in the policymaking process, work in the executive office.
they fashion options, negotiate agreements, write presidential statements, etc.
chief legislator
constitution gives the president veto power. once congress passes a bill the president may: sign it, veto it, let it become law after 10 working days by not doing anything
-congress can pass a vetoed law if 2/3 of each house vote, to override the president
line item veto
a type of veto that allows the president to veto a particular portion of a bill
presidential coattails
occurs when voters cast their ballots for congressional candidates of the presidents party because tehy support the president.
public support
-more public support: more help from congress, indicators of public support:
1. public approval: sets limits of what congress will do for the president. it provides a cover for members of congress to cast votes to which their constituents might otherwise object
2. mandates- gives legitimacy and credibility to new presidents proposals
chief diplomat
constitution gives some national security powers to president- president gives and terminates diplomatic relations with other countries
-president also has sole power to negotiate treaties with other nations although the constitution recquires senate to approve them by a 2/3rd vote
-executive agreements
executive agreements
president negotiates this with heads of foreign governments, do not require senate ratification and most are routine and deal with noncontroversial subjects
war powers resolutioon
law passed in reaction to american fighting in vietnam and cambodia that requires president to consult with congress whenever possible prior to using military force and withdraw forces after 60 days unless congress declares war on grants extention
legislative veto
ability of congress to override a presidental decision
two presidencies
1. domestic policy 2. national security policy
-president has more success in leading congress on matters of national seccurity than those on domestic policy
power of the president
1. chief legislator: veto legislation (congress can override it)
2. head of political party- offer coattails
3. chief diplomat: make treaties (senate must approve)
4. chief of state: represents us
5. commander in chief: in charge of military (congress declares war)
6. chief executive: enforce laws, appoint officers (congress approved)
7. chief jurist: appoint court (senate approved)
8. chief economist: develops national budget (congress passes budget)
informal limits on the president
public opinion, media, partisan politics, investigative role of congress, interest groups put out media campaigns
-different from formal- formal in constitution
president in constitution
9 year term, electoral college selects the president, president must be a natural born citizen, must be 35 and live in united states for 14 years (resident), gets paid, takes oath of affirmation, grants pardons, commander in chief of the army and navy, makes treaties, appoints officers, must give state of union address every year
bureaucracy
hierarchical authority structure, uses task specialization, develops extensive rules, operates on the merit principle, behaves with impersonality so that all clients are treated impartially
pendleton civil service act
a disappointed office seeker, charles guiteau, helped end patronage in federal appointments. he shot and killed president garfield who wouldnt give him a job--The vice president became president and created this act. The act created a federal civil service so hiring and promotion would be based on merit.
civil service
system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service
merit principle
idea that hiring shoud be based on entrance exams and promotion ratings to produce administration by people with talent and skill
hatch act
federal law that prohibits civil service employees from actively participating in partisan polictics while on duty
office of personnel management
office in charge of hiring for most federal agencies, director is appointed by the president and confirmed by the senate. IT has elaborate rules about hiring, promotion, working conditions, and firing
senior executiive service
an elite cadre of about 9000 federal government managers, established by civil service reform act of 1978 who are mostly career officials but include some politicsl appointees who dont require senate confirmation
independent regulatory commissions
type of group agency in the bureaucracy.
-responsible for some sector of the economy, making, and enforcing rules designed to protect the public interest, judge disputes over the rules; governed by a small commission appointed by the president and confirmed by the senate; hard to fire these people
types of independent regulatory commissions
-Federal Reserve Board- governs banks and regulates money
-National Labor relations board- regulates labor management
-FCC: licenses and regulates media
-FTC: regulates business practices
government corrporaations
agency in bureaucracy
government organizations that, like a business corpooration, provides service that could be provided by the private sector and typically charges for its services EX. US Poostal Service
independent executive agencies
agency in bureaucracy not accounted for by the cabinet departments, independent regulatory commissions, and government corporations
-its administrators are typically appointed by the president and serve at the president's pleasure
ex. NASA
policy implementation
stage of policymaking between the establishment of a policy and consequences of the policy for the people whom it affects
-involves: creation of a new agency or assignment of a new responsibility to an old agency, translation of policy goals into operational rules and development of guidelines for the program, coordination of resources and personnel to achieve the intended goals
why implementation sometimes fails
-program design
-lack of clarity
-lack of resources
-administrative routine: follow standard operating procedures: used to bring uniformity to complex organizations
-administrators depositions: administrative discretion and street level bureaucrats
-fragmentation
adminiistrative discretion
authority of administrative actors to select among various responses to a given problem
street level bureaucrats
bureaucrats who are in constant contact with the public, lots of administrative discretion
regulation
use of government authority to control or change some practice in the private sector
-pervades the daily lives of people and institutions
what does all regulation contain?
-grant of power and set of directions from congress
-set of rules and guidelines by the regulatory agency itself
--some means of enforcing compliance with congressional goals and agency regulations
deregulation
liifting of government restrictions on buisness, industry, and professional activities
-claims that regulation: raises prices, hurts Americas competitive position abroad, doesnt always work well
command and control policy
typical system of regulation whereby the government tells business how to reach certain goals, checks that these commands are followed and punishes offenders.
incentive system
more effective than command and control policy; market like strategies are used to manage public policy.
how president tries to control the bureaucracy
-appoint the right people to head agencies
-issue orders: executive orders: regulations from president
-alter agency budget
--reorganize the agency
how congress tries to control the bureaucracy
-influence appointment of agency heads
-alter agency budget
-hold hearings
-rewrite the legislation or make it more detailed
issue networks
override iron triangles
-alliances of various interest groups and individuals who unite to prove a single issue
The Fed
main instrument for making monetary policy in the US, regulates lending practices of banks and thus money suppply, responsible for setting interest rates, purchases and sells government bonds
all the courts in the united states
- 1 supreme court, 12 federal courts of appeal, court of appeals for federal circuit, 91 federal district courts, state and local courts
federal courts
Us supreme court--us court of appeals-- us district courts--special courts
criminal law case
government charges individual with violating a specific law, that may be harmful to an individual or to a society as a whole
-warrants punishment
civil law case
a case that involves a dispute between two parties and defines the relationships between them I.E, divorce case
participants in judicial system
-litigants: plaintiffs charge defendant
-jury: group of 12 citizens, determine case outcome
--groups: interest groups seek out litigants whose cases are strong
-attorneys: translate policies and enforce them
-Press: close observer
-Public:strong opinions about how process works
standing to sue
requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
class action law suit
lawsuits permitting a small number of people to sue on the behalf of other people simillarly situated
justifiable disputes
recquirement that to be heard, a case must be capable of being settled as a matter of law rather than on otther grounds as is commonly the case in legislative bodies.
legislative courts
congress created these for specialized purposes
-staffed by judges who have fixed terms of office and who lack the protections against removal or salary reductions that judges on constitutional courts enoy
-these judges cant use judicial review
original jurisdiction
jurisdiction of the courts that hear a case first, usually in trial. Courts that determine the facts about a case.
apellaate jurisdiction
jurisdiction of the courts that hear cases brought to them on appeal from the lower courts. They dont review the factual record, only legal issues involved.
discretionary jurisdiction
jurisdiction of the courts to control its agenda and the cases it hears
district courts
91 district federal courts
original jurisdiction
only federal courts in which trials are held and in which juries may impaneled
hear no appeals
2-28 judges
courts of appeal
reviews all final decisions of district courts
-have authority to review and enforce orders of federal ergulatory agenccies
-us has 12 judicial circuits- servees at least 2 states
us court of appeals for the federal circuit
congress established this court, hear appeals in specialized cases
-focus on correcting errors of procedure and law that occurred in the original proceedings of legal cases
-no trials or testimony
supreme court
court ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law
-original, appellate, and discretionary jurisdiction
-9 justices
senatorial courtesy
unwritten tradition whereby nominations for state level federal judicial posts arent confirmed if they are opposed by a senator of president's party from the state in which the nominee will serve
-applies to the courts of appeals when there is opposition from the nominees state senator
solicitor general
-sometimes called the 10th justice
-attorney for the us if the us is involved
-advises the court on cases he thinks they should accept
--presidential appointee
-in charge of appellate court litigation of the federal goovernment
opinion
statement of legal reasoning behind a judicial decision
-dissenting (disagreeing), majority (opinion of the majority of the justices) or concurring (agreeing)
stare decisis
"let the decision stand"; using same reasoning as in previous court cases
precedent
how similar cases have been decided in the past; draw from other decisions to make new reasons
original intent
view that the constitution should be interepreted according to original intents of the framers
judicial implementation
how and whether court decisions are translated into actual policy, thereby affecting behavior of others. The courts rely on other units of government to enforce their decisions.
1. interpreting population: lawyers, judges, must correctly understand and reflect the intent of original decision in their actions
2. implementing population: police, hospitals, people who implement program
3. consumer population: Us, must know rights
judicial review
power of the courts to determine whether acts of congress and by implication the executive are in acordance with the US constitution
-established in the case, Marbury V. Madison
judicial restraints
philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
judicial activism
philosophy in which judges make bold policy decisions, even charting new constitutional ground
-courts can correct pressing needs, especially those unmet by the majoritarian political process
political questions
used by the federal courts to avoid deciding on some cases, principally those involving conflicts between the president and congress
statutory construction
judicial interpretation of an act of congress
why SCOTUS takes a case
-case is about constitutional issue
-settle disagreement between us courts of appeal
-b/c it is an issue they are interested in
-b/c solicitor general recommends it
how does a case gets to supreme court?
1. appeal- can come from federal court of appeal or supreme state court
2. requests for review- SCOTUS recieves about 8000 requests- only few put on docket
3. rule of 4: 4/9 justices must agree to case
4. writ of certioari
5. oral arguments: each side gets 30 minutes and can be interrupted by justice
6. conference: justices discuss thoughts, chief justice calls vote
7. writing opinions
8. implementation- court needs to work with public opinion, provides legitimacy to get necessary enforcement, cout decions arent self inforced, require all 3 branches
writ of certioari
documents from lower courts are obtained
constrained court V. dynamic court
constrained: judicial restraint, strict interpretation V.
Dynamic: judicial activism, loose interpretation
cruel and unusual punishment
court sentences prohibited by the 8th amendment. Altho the court has ruled that mandatory death sentences for certain offenses are unconstitutional, has not held that the death penalty itself constitutes as cruel and unusual punishment
gregg v. georgia
murdered 2 hitchhikers and was awaiting execution in prison when his attorney argued that the death penalty was cruel & unusual. Court decided and upheld the constitutionality of the death penalty, stating, it is an extreme sanction, suitable to the most extreme of crimes. The court did not, therefore, believe in the death sentence being cruel and unusual.
mccleskey v. kemp
COurt decision that upheld the constitutionality of the death penalty against charges that it violated the 14th amendment b/c minority defendants were more likely to receive the death penalty than were white defendants
Right to privacy
right to private personal life, free from intrusion of gov
roe v. wade
-court decision holding that a state ban on all aboritons was unconstitutional. The decision forbade state control over abortions during the 1st trimester pregnancy, permitted states to limit abortions to protect the mother's health in the 2nd trimester & permitted states to protect the fetus during the 3rd
planned parenthood v. casey
-court loosened its standard for evaluating restrictions of abortion from one of strict scrutiny of any restraints on a fundamental right to one of undue burden that permits considerably more regulation
civil rights act of 1964
1. made racial discrimination illegal in public places of accomodations
2. forbade discrimination in employment
3. created EEOC to monitor and enforce protections against discrimination
4. provided for w/holding fed grants from state/local govs that prac discirm.
5. strengthened voting rights legis.
6. authorized US JUSTICE department to initiate lawsuits to desegregate pub schools & facilities
women, constitution, and public policy
important legis for women: civil rights act, eeoc, title 9 of education act of 1972 (equal $ for women programs)
-CASES: REED v REED: court upheld claim of gender discrimination for the first time
-CRAIG V. BoREN : court established "medium scrutiny" standard for gender discrimination
equal rights amendment
-failed to pass by 3 states- adaptions to women's role in society change as traditional fam roles change
civil liberties
-legal constitutional protections against gov
-formally written in the bill of rights
incorporation doctrine
-court has nationalized the bill of rights by making most of its provision applicable to the states through the 14th amendment.
-incorporated states as well as nat'l govs.
due process clause
-part of the 14th amendment
-cant be deprived of life, liberty, or property by the US Or State gov w/o due process of law
establishment clause
congress shall make no law respecting an establishment of religion
free exercise clause
1st amendment provision that prohibits gov from interfering w/ the prac. of religion
prior restraint
-gov action that prevents material from being published, censorship
- common in limiting press in some nations but is unconstitutional in the US.
freedom of expression
-prior restraint
-free press and fair trials- shield laws- protect reporters from going to jail if they dont want to reveal their sources
-obscenity
-libel and slander- libel- publication of false or malicious statements that damage someone's reputation
-symbolic speech- nonverbal communications
commercial speech
communication in the form of advertising
-restricted more than many other types of speech but has been recieving increased protection from the Court
federal trade commission
Regulates what kind of goods may be advertised on radio and tv and regulates the content of such advertising
basically deals w/ advertisements
Federal Communications Commission
regulates content, nature, and existence of radio and tv broadcasting
14th amendment
-state cant make or enforce any law that would infringe on the citizns rights, cant deprive anyone of life, liberty, or property w/o due process of law, nor deny any person w/in its jurisdiction the equal protection of laws
bill of rights
-10 amendments to the constitution
-define basic liberties
1. freedom of religion, speech, assembly, petition
2. right to bear arms
3. right to refuse to quarter soldiers
4. right against illegal search& seizure
5. right to jury, no double jeopardy
6. right to a fair and speedy trial
7. right to trial. y jury
8. bails shouldnt be required, no cruel & unusual punishment
9. rights retained by the people
10. rights reserved to the state
freedom of assembly
-right to assemble- literal right to gather, protest
-right to associate- right to claim a particular party or group
-court case: NAACP V. Alabama
hate speech
-any speech that exercises hostility towards individs belonging to a group
-CASES:
1. NAt'l Socialist Party V. Skokie, IL- gov cant prohibit expression before it happens, no prior restraint
2. R.A.V V. St. Paul Minnesota- hate crime law is too broad & limited 1st amendment (to free speech)
defendants' rights
-before making an arrest, police need probably cause- 14th amendment forbits unreasonable searches and seizures
-constitution requires that no crt. may issue a search warrant unless probable cause exists to believe that a crime has occurred or is about to occur.
-EXCLUSIONARY RULE
-5th amend- forbids self incrimination
-6th- protects right to counsel
-8th- prohibits cruel & unusual punishment
exclusionary rule
evidence cant be introduced into a trial if it was not constitutionally obtained (no warrant or probable cause). Rule prohibits the use of evidence obtained through unreasonable search and seizure
-mapp v. ohio
civil rights
-gov protection of minority groups, policies designed to protect people against arbitrary or discriminatory treatment by gov officials or individs
3 types of inequality in america
-race discrimination
-gender discrimination
-discrimination based on age, disability, sexual orientation, etc.
2 coneptions of equality
-equal opportunity- everyone should have the same chance. what individs make of that equal chance depends on their abilities & efforts
-equal results- (equal rewards) everyone should earn the same salary or have the same amount of prioperty
classifications of equal protections
-1. race- inherently suspect- is the classification necessary to accomplish a compelling gov purpose and the least restrictive way to reach a goal?- any law that differentiates between races- violates equality
2. gender- intermediate standard- does the classification bear a substantial relationship to an important goal?
3. other (age)- reasonableness- does the classification have a rational relationship to a legitimate governmental goal?
Where is equality mentioned in the constitution?
-in 14th amendment and jefferson describes all men as being equal, despite the prevelance of slavery in the colonies he did not mention more. the idea was to leave the issue up to future generations
13th amendment
slavery is unconstitutional
15th amendment
right to vote for minorities
de jure segregation
separation of people on the basis of race as recquired by law
:
de facto segregation
segregation not by law but by fact or circumstance
how did southern states deny african americans the right to vote?
1. literacy tests- hard, rarely given to whites
2. grandfather clause- exempted persons whose gpas were eligible to vote in 1860, didnt count free slaves but counted illiterate whites
3. poll taxes- taxes levied o the right to vote that often fell due @ time of year when poor sharecroppers had least amount of $
4. white primaries: permitted pol parties to excluse blacks from primary elections
voting rights act of 1965
law to end barriers to african american voting
-prevented discriminatory gerrymandering
shaw v. reno
voting districts can not be based solely on race
protectionism
laws that protect women from hard tasks
comparable worth
issue raised when women who hold traditionally female jobs are paid less than men for working at jobs recquiring comparable skill.
how are women treated differently in the military?
1. only men must register for the draft when they turn 18
2. statuses and regulations also prohibit women from serving in combat
affirmative action
policy designed to give special attention to minority groups to compensate for past discrimination
equal opportunity--equal results
SUPPORT: UC DAVIS V. BAKKE, AFL-CIO V. WEBER, GRUTTER V. BOLLINGER, JOHNSON V. TRANSPORTATION AGENCY, SANTA CLARA COUNTY
OPPOSE: ADARAND CONSTRUCTORS V. PENA, GRATZ V BOLLINGER
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