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final exam study guide poli sci 1100
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This 10 page Study Guide was uploaded by Nicole Campbell on Monday February 8, 2016. The Study Guide belongs to poli sci 1100 at University of Missouri - Columbia taught by Norberg in Winter 2016. Since its upload, it has received 34 views. For similar materials see American Government in Political Science at University of Missouri - Columbia.
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Date Created: 02/08/16
Chapter 10: Congress Congressional Structure: Apportionment: the allocation of House seats (135) after a 10 year census Baker V. Carr (1962): held that the question belonged to the state legislatures and that the federal courts should avoid this - Inequalities in voters’ influence resulted from different size districts that violated the equal protection clause of 14 amendment (one person, one vote) Wesberry V. Sanders (1964): constitution is a representative of the states - Each person’s vote is equal as everyone else Gerrymandering: drawing district lines for political advantage - Packing: all opponents voters in as few districts as possible in order to prevent waste of a majority vote - Cracking: disperse opponents in as many districts as possible Congressional Elections: House members: every 2 years, 435 seats Senate: every 6 years, 1/3 up for election every 2 years, 100 seats Incumbency Advantage: been in office for a few years, rather than just once - Franking: free mail service afforded members of congress - Fundraising: raising money for campaign Four models: - Trustee: legislators who feel obligated to use their own best judgement in decision making - Delegate: legislators who feel obligated to present the views of their home constituents - Politico: politician; jack of all trades - Partisan: a strong supporter of a pary, cause or person Leadership, Committees and Bicameralism: Bicameralism: two legistaures - House: originiate tax bills, bring impeachment charges, limited by rulles committee - Senate: advise and consent to ratify treaties, confirm appointments, try impeachment charges, unlimited, except by unanimous consent or vote to close debate Types of Committees: - Standing Committee: Permanent committee of the House or Senate that deals with matters within a specified subject area - Conference Committee: Meetings between represatives of both house and senate Legislative process: - Introduction to legislation o Come up with an idea - Refferal to committee o Ignore it, hearing process, refer to subcommittee (more sepcialized than regular committee) - Full committee report - Rules committee (only in the house) o Floor time and amendments o Favorable by the full membership - Floor debate - Floor vote o Goes to each house - Conference committee (only if necessary) o House and senate discuss the differences over the provisions of a bill - Floor vote - Presidential action o Sign it o Do nothing o 10 days pass: automatically becomes a law (pocket or standard) Congressional Oversight: look over executive branch - Oversight - Investigation of the government - Impeachment o Articles of impeachment (house), trial (senate) - Senate confirmation of nominees from president - Congress: makes laws, and control budget Budget process: st th - Fiscal year: October 1 – September 30 - Two step process: o Authorization: defines the amount of money the government program can spend o Appropriation: bill that provides money for programs authorized by congress - Steps: o Executive agencies send requests to president o Presidnet reviews and approves o President submits budget to congress o Congress reviews and passes budge resolutions o Budget committees use budget resolutions to write appropriation bills o Appropriation bills are voted on o President acts on bill Chapter 11: Views of Presidency Founders are skeptical Taft: chief justice, republican, restrictive - Roosevelt chose Taft and regretted it Teddy Roosevelt: - “steward of the people” aka help the people - Expansionist view: best judgement not what congress suggest Presidential Roles: Chief Executive: supervise executive branch of government, executive budget, appoint and remove executive officials Commander in Chief: appoint military officers Head of State: grant reprieves and pardons, represent the nation, and appoint federal court and Supreme Court judges Chief Diplomat: make treaties, make executive agreements Chief Legislator: veto legislation passed by congress by override of a two- thirds vote in both houses Presidential Powers: Specified Powers-Numerated Powers (article 2): - commander in chief - appoint cabinet, ambassadors, judges - make treaties o formal agreement with 2/3 vote - grant pardons of anyone who convicted a federal crime for any reason - state of the union - call special congressional sessions - faithfully execute the laws - veto o standard veto: 2/3 vote can override original veto o pocket veto: cant override; 10 days o line- item veto: ability to reject some portions of a bill without rejecting all of it - executive privilege - access to media Access to media: advance their programs and priorities (dominates news more than any other single person) Executive Organization Executive Orders: formal regulations governing executive branch operations issued by the president Recess Appointment: congress was part time and senate was out of session for extended periods of time National Security Council: “inner cabinet” that advises the president and coordinates foreign, defense, and intelligence activities White House Staff: president closest aids and advisors - sound advice on everything from national security to congressional affairs - monitoring the operations of executive departments and agencies and evaluating the performance of key executive officials - setting the president’s schedule - protect their boss and steering the president away from scandal, political blunders, and errors of judgement Vice President Presidents determine the role that they will play: - if no jobs appointed to them, it can be the “most insignificant office job that man can contrive or his imagination conceives” Constitutionally they: preside over the Senate and vote in case of a tie in that body - so tiresome that they only participate on rare ceremonial occasions - they must support the president and administration policies Attack role: allows VP to help cement political support for the president among highly partisan ideologies Useful in campaign fundraising Chapter 13 American Legal System English common law traditions and emphasis on precedent Brown v. Board of Education: declared segregation of the races in public schools to be unconstitutional - Brown was refused admittance to a white elementary school and her family was one of the plaintiff’s in the case Plessy v. Ferguson: Primary Source of Law Constitutional Law: highest law we can have; stated in the constitution Statutory law: laws made by act of congress/ legislature, as opposed to the constitution Administrative laws: body of law that regulates the operation and procedures of government agencies Case Law: law based on judicial opinions including decisions that interpret statutes Criminal Law: state and capital punishment Federal Court System Article 3: Supreme Court Judiciary Act of 1789: inferior court systems established Court systems have three levels: - Trial Courts/ District Courts (one judge): at least one in every state; hear criminal cases prosecuted by the Department of Justice as well as civil cases - Appellate Courts (presided over by panel of judges): where cases begun in lower courts are argued and decided on appeal- moves up to a higher level court, don’t hear evidence based on testimony o second most powerful court - Supreme Courts (9 justices): final interpreter of all matters involving the Constitution and federal laws/ treaties o Only accept appeal from a lower court if there is a substantial federal question presented in the case or when there are special and important reasons o Original jurisdiction: particular courts power to serve as the place where a given case is initially argued and decided o Writ of certiorari: to make more certain; 4/9 justices, most cases rejected Courts and Policy Judicial Activism: making of new law through judicial interpretations of the Constitution Judicial Restraint: encourages judges to limit exercise on their own power Judicial Decision making Marbury vs. Madison (1803) - Established judicial review as the most important judicial check on congressional power - Federalists vs Anti- federalists - Marbury appointed justice of peace by Adams o Writ of mandamus o Jefferson refused the commission - Chief justice John Marshal o Judicial Review: power of the courts to declare laws of Congress, laws of states, and actions of the president unconstitutional and invalid; not mentioned in constituion - Questions asked o Did Marbury have right to commission in first place- yes o If he does, does he have right to pursue a legal remedy- yes o Does SC have right to issue the remedies to Jefferson and Madison- no Modernism: living document Chapter 15 Sources of Civil Rights Equal Protection Clause (Bill of Rights): States must treat everyone equally; can’t discriminate unreasonably Strict Scrutiny: race-based actions by government must be found necessary to remedy past proven discrimination, or to further clearly identified, legitimate and compelling government interest - preferred position rights of a group: compelling state interest - suspect classification: group of people who have experience with discrimination Ordinary Scrutiny (Rational Basis): non-race or gender laws - legitimate government objective: prohibiting business from selling in certain locations th 14 Amendment: granted citizenship to all those naturalized in the United States Civil Rights and African Americans Civil Rights Act of 1964: After MLK delivered his speech, JFK sent Congress a strong civil rights bill that was passed after his death - it is unlawful to discriminate against or segregate persons on the grounds of race, color, religion, or national origin in any public accommodation - federal department and agency is to take action to end discrimination in all programs/ activities receiving federal financial assistance in any form - unlawful for any employer or labor union to discriminate against any individual in any fashion in employment (resulted in the Equal employment Opportunity Act) Civil Rights Act of 1968: passed a fair housing law as tribute to the slain civil rights leader (MLK) - prohibited discrimination in the sale or rental of a dwelling to any person on the basis of race, color, religion, or national origin Participation Rates: - Voting rates: - Political office: Civil Rights and Women Role of WW1: voting rights Feminist movement (National Organization for Women): changed laws that treated them as “property” of their husbands - Equal Rights Amendment: passed by Congress in 1972 but never ratified by 3/4 of the states, that would have explicitly guaranteed equal rights for women Woman’s Role in Politics: has risen since the ERA - Congress: - Executive: - Judiciary: Gender Discrimination: - Equal Employment Opportunity Commission: federal agency charged with eliminating discrimination in employment, has established guidelines baring stereotyped classifications of ‘men’ and ‘women’ jobs o Struck down state laws that differentiate between men and women in hours, pay, and retirement age Chapter 14 Sources of Civil Liberties Article 1, Section 9: - Habeas Corupus: legal action by means of which detainees can seek relief from unlawful imprisonment - Bill of Attainder: laws that are directed at a certain group of people - Ex-post facto: changes the legal consequences of actions that were committed, or relationships that existed before enactment of the law Amendments 1: freedom of religion, speech, press, assembly, petition 2: protects the right to keep and bear arms 3: restrictions on the quartering of soldiers in private homes 4: prohibits unreasonable search and seizures 5: criminally accused 6: court procedures 7: civil case juries 8: cruel and unusual punishment Application incorporation Incorporation: application of almost all of the Bill or Rights to the states and all of their subdivisions through the 14 amendment Due process clause: incorporated to states by 14 amendment - Procedural due process: requires government officials to follow fair procedures before depriving a person of life, liberty, or property - Substantive due process: principle that allows federal courts to protect certain rights deemed fundamental from government interference th th under authority of the 5 and 14 amendments 1925-2010: incorporation of federal Bill or Rights First amendment Liberties Freedom of Expression: protection of words, symbolic speech - Prior Restraint: to restrict publication of a magazine, newspaper, or books on the grounds of libel, obscenity or other legal violations prior to actual publication of the work - Libel: written falsehoods - Slander: spoken falsehoods - Obscenity: unprotected but hard to define Freedom of Press: protection of written, published words; preferred-position Freedom of Religion: - Establishment Clause: federal government cannot establish official religion; separation of church and state Rights of the Accused 4 amendment: Searches and Seizures - Exclusionary rule: violation of 4 amendment, any evidence has to be excluded in trial - Mapp v Ohio: violation of privacy 8 amendment: cruel and unusual punishment: - Burning alive, unclear about death penalty - Bifurcated process: o Guilty vs. Innocent o Is death penalty worth it, if found guilty Miranda v. Arizona (1966): Criminals confessing when they did not know their rights Miranda rights: list rights before being arrested - Expectations to Miranda: confessions (public safety, requesting rights) Rights of Privacy (1 , 3 , 4 , 5 , 9h th thamendments) Abortion: - Roe v. Wade (1973): pro- choice vs pro- life - Must inform women of risks and alternative; women must wait 24 hours after requesting to actually get one Personal Privacy: - Prisoner Detention: detain if suspicious - USA Patriot Act (2001): after 9/11: terrorist acts - NSA spying: going in computers; hacker
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