American Government Unit 3 Study Guide
American Government Unit 3 Study Guide Pols 1101
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POLS 1101: Introduction to American Government – Unit 3 Study Guide 10: Congress Key Concepts: ▯ Article I of the Constitution ▯ details the legislative branch (Congress); Has the senate and house of representative Make laws for the congress to write, discuss and vote 100 senators and 435 HOR Both elect leaders and one is the majority and the other minority ▯ placed at beginning of Constitution to emphasize its supremacy as the people’s branch of gov’t; ▯ establishes the qualifications for serving and means by which members are to be elected ▯ Qualifications ▯ HOR– ▯ 25 years old ▯ citizen of US for 7 years ▯ resident of state they wish to represent; ▯ Senate– ▯ 30 years old, ▯ citizen of US for 9 years, ▯ resident of state they wish to represent. ▯ Exclusive Powers: ▯ House ▯ Voted on every 2 years ▯ originate revenue bills by introducing tax legislation, ▯ initiate impeachment cases; ▯ Senate ▯ Voted every 6 years ▯ checks the impeachment cases ▯ approve major presidential appointments ▯ ratify treaties ▯ Be able to describe some of the historical changes made in Congress since its inception in 1789: ▯ They increased their size in 1929 ▯ formative era (1780s–1820s), ▯ the Continental Congress declared the thirteen colonies free and independent states, ▯ no chief executive or president before 1789, so Congress governed the United States. ▯ Articles of Confederation before ratification ▯ the partisan era (1830s–20th century)The reforms in the House in the early 1970s and the growth of partisanship in the 1980s are systematically related. Both were the result of important electoral changes, specifically the realignment of democratic constituencies in the South that led to increased homogeneity. The reforms of the 1970s were proposed by liberal Democrats frustrated by the inability to pass legislation favored by a majority of the rank and file. The reforms created incentives for party leaders to push legislation that reflected the interests of a majority of House Democrats. ▯ the committee era (1910s–1960s) ▯ the contemporary era (1970s–today)The post1945 world experienced the establishment and defense of democratic states. Constitution, separation of powers, congressional and presidential elections. ▯ Describe the process of gerrymandering and its effects on democracy and representation: ▯ Gerrymandering is when politicians deliberately draw congressional district lines for electoral advantage. ▯ Partisan: state legislators draw district lines to guarantee that a political party will win seats in Congress. ▯ Incumbents: current officeholders . ▯ Racial: When state legislators draw district lines in a way that will increase the likelihood of a racial or ethnic minority candidate winning the seat. ▯ ways to fix gerrymandering: ▯ Setup a politically independent commission of appointed experts or judges to draw boundaries. ▯ Use a mathematical formula ▯ Hire a gerrymander to set up boundary lines to equally represent the population. ▯ Discuss Congressional demographics and the types of representation that occur in Congress ▯ The size of the national legislature has increased since the late 1780s. ▯ Most of Congress is made up of “Old White Guys”. ▯ Women hold 19% of the seat in the national legislation. ▯ 40% of representatives have law degrees. ▯ 60% of senators have law degrees. ▯ The powers of Congress ▯ Enumerated Powers: Article 1 Section 8 of Constitution 1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States. ` 2. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;3. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States 4.To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;5. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;6. To establish Post Offices and post Roads; 7. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; 8. To constitute Tribunals inferior to the supreme Court;9. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;10. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;11. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;12. To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;13. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;14. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;2. To borrow Money on the credit of the United States;15. To Exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock Yards and other needful Buildings16. the necessary and proper clause To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. ▯ Implied Powers: 1. to punish those who do not pay their taxes 2. to use tax revenue to support programs such as education and public housing 3. to outlaw discrimination in public places such as movie theaters, restaurants, hotels, and similar places 4. to set a minimum wage 5. to protect those with disabilities 6. to draft Americans into the armed forces 7. to limit and regulate immigration ▯ Be able to explain some of the “checks” on Congressional power and how they are “balanced” between the other branches ▯ Be able to discuss the role of political parties in Congress and how they affect the legislative agenda ▯ Political parties provide Congress with organizational structure and discipline. ▯ Majority party controls the referral of legislation to congressional committees. Party leaders also control the legislative process in order to accomplish policy goals. By controlling the committee assignment process, the majority party guarantees that each committee panel will protect the party’s interests in legislative hearings and markups. The majority party also controls the selection of committee chairs, further protecting the party’s interests as legislation is shepherded through committees. ▯ Be able to identify the party leadership and the purpose and functions of their roles in Congress ▯ Vice President: serves as the president of the chamber. Practically speaking, the vice president rarely presides over the Senate, only voting in the event of a tie ▯ Speaker of the House: elected by a majority party caucus. In addition to being chief spokesman for the majority party, the Speaker runs the proceedings of House debate and voting, appoints committee members, refers bills to committees for research and development, and has an influential voice in all stages of a bill's consideration. ▯ Administrative dutiespresiding over sessions, serving as the chamber spokesperson, and overseeing House offices) and legislative ▯ legislative duties influencing committee membership, managing the referral of bills to committee, and scheduling the legislative calendar ▯ second in line—after the vice president ▯ Majority leader is the leader of the majority party in a legislative body, especially the party member who directs the activities of the majority party on the floor of either the Senate or the House of Representatives. ▯ the lead speaker for the majority party during floor debates, ▯ develops the calendar, ▯ assists the president or speaker with program development and policy formation and policy decisions. ▯ Minority leader is the party member who directs the activities of the minority party on the floor of a legislative body, as of the U.S. Congress. ▯ Developing the minority position, ▯ negotiating with the majority party, ▯ directing minority caucus activities on the chamber floor, ▯ leading debate for the minority ▯ Majority Whip ▯ assist the floor leader ▯ ensure member attendance ▯ count votes ▯ generally communicate the majority position ▯ Minority Whips ▯ assist the minority leader on the floor ▯ count votes ▯ ensure attendance of minority party members ▯ President Pro Tempore: Preside over the Senate in the president's absence, Exercise the powers and duties of the president in his or her absence, assume other duties as assigned by the president ▯ Be able to explain the purpose of committees and why they are important to Congress Congress created these committees to permit division of labor so that legislation could be processed more efficiently. ▯ Know factors that can influence presidential approval ratings. ▯ Taxation ▯ military ▯ Economy stock market, gas prices, inflation, unemployment ▯ Rallying events war, terrorism ▯ How a Bill becomes a Law. ▯ Senate: bill drafted, introduced, numbered by clerk, referred to committee and subcommittee, committee hearing (tabled), sub committee and full committee markup, report to full chamber of senate, calendared, floor reading debate amendments (filibuster), full vote, conference committee, vote, presidents signs, bill becomes law ▯ House : bill drafted, introduced, numbered by clerk, referred to committee and subcommittee, committee hearing (tabled), sub committee and full committee markup, report to full chamber of house, calendared, referred to rules committee, floor reading debate amendments, full vote, conference committee, vote, presidents signs, bill = law Vocabulary: ▯ Divided Government is the situation occurring when one party controls the white house and another party controls the House, the Senate, or both. ▯ 17 Amendment Establishes direct election by popular vote instead of vote by state ▯ Vesting Clause provisions in Article I, Section 1; Article II, Section 1, Clause 1; and Article III, Section 1 of the United States Constitution that vest the United States' legislative power in the Congress, the executive power in the President, anpower in the federal judiciary ▯ Bicameral Two branches of government ▯ Advice and Consent Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a twothirds vote. ▯ Senatorial Courtesy the practice in the U.S. Senate of confirming only those presidential appointees approved by both senators from the state of the appointee, or by the senior senator of the president's party ▯ Redistricting divide or organize (an area) into new political or school districts ▯ Reapportionment When the seats in the HOR get redistributed because of change in population ▯ Issue Network are an alliance of various interest groups and individuals who unite in order to promote a single issue in government policy ▯ Trustee a person who holds trust or responsibility for the benefit of citizens; vote influenced by personal opinion ▯ Delegate an elected representative sent to a committee to represent citizens; vote regardless of what their views might be ▯ Oversight the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system. ▯ Impeachment A formal accusation of wrongdoing against a public official. According to the United States Constitution, the House of Representatives can vote to impeach an official, but the Senate actually tries the case. ▯ Standing committee a permanent committee of the House or Senate that review and reports legislation to the full chamber / meets regularly ▯ Select committee a temporary committee organized around a specific purpose. Also called a special committee or an ad hoc committee, a special committee is usually investigative in nature and lacks the authority to review legislation. ▯ Joint committee A committee composed of members from both the House and the Senate with jurisdiction over specific issues of mutual interest. ▯ Conference committee A temporary committee composed of members from both the House and the Senate responsible for working out the differences between chamber versions of a bill. ▯ Filibuster an action such as a prolonged speech that obstructs progress in a legislative assembly while not technically contravening the required procedures. A tactic used to delay or prevent a bill by extending the debate on it. ▯ Cloture in a legislative assembly a procedure for ending a debate and taking a vote. It requires 60 votes to invoke cloture and end a filibuster. ▯ Veto Override The process by which each chamber of Congress votes on a bill vetoed by the President. To pass a bill over the president's objections requires a twothirds vote in each Chamber. Chapter 11: The Presidency Key Concepts: ▯ Article 2 of the United States Constitution is the section that makes the executive branch of the government. ▯ the responsibility and authority for the administration throughout the day of the state. ▯ How does the president influence the legislative process? ▯ Can veto any legislation the Congress passes. Because a twothirds majority vote in each house is required to override a veto and pass a bill over the President's objections, ▯ constitutional requirements to serve as the president. ▯ Must be a naturalborn citizen of at least the age of 35 ▯ resided in the U.S. for 14 consecutive years. ▯ Length of term is 4 years and can have no more than 2 terms. ▯ Can be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors ▯ Review the enumerated and implied powers of the President. ▯ Enumerated: ▯ Commanderinchief of the military ▯ Appoints heads of executive departments ▯ Can pardon those convicted of federal crimes ▯ Can make treaties with foreign countries ▯ Appoints ambassadors ▯ Annual State of the Union delivery ▯ Can call special sessions with Congress ▯ Meet with heads of departments ▯ Commissions all military officers ▯ Ensures that all laws Congress passes are "faithfully executed ▯ Implied: ▯ enter into treaties with foreign nations ▯ exercise executive privilege ▯ issue executive orders ▯ organize federal bureaucracy ▯ serve as head of state ▯ Be able to discuss how the President’s power has changed over time. What did the Founders envision? How is that different from the reality of today? ▯ Went from 3 to 15 executive departments since Washington. ▯ Staff employed by executive branch went from 50 to 3000 employees between 17891800. Today it is nearly 2.8 million employees. ▯ Expansion of presidential power is result of: ▯ Growth in policies and programs that must be administered by the executive branch, ▯ Development of political parties and mass media, which have strengthened the direct connection between the president and the American people, ▯ Globalization and advancements in industry and technology that have centrally located the United States in the world, ▯ Claims of implied constitutional powers by individual presidents, ▯ delegation of greater authority by Congress. ▯ President has more power than wanted originally nd ▯ How did the 22 amendment change the presidency? ▯ 22 nd amendments ( passed by Congress in 1947 and ratified by the states by 1951)Made it so president couldn’t serve more than 8 years or 2 terms ▯ Be familiar with the President’s cabinets ▯ All heads of department chosen by president and confirmed by ▯ Vice president ▯ Attorney general ▯ 15 Departments with secretaries of: ▯ Agriculture ▯ Commerce, ▯ Defense ▯ Education, ▯ Energy ▯ health and Human Services, ▯ Homeland Security, ▯ Housing and Urban Development, ▯ Interior, ▯ Labor, ▯ State, ▯ Transportation, ▯ Treasury, ▯ Veterans Affairs, ▯ Be able to explain some ways to “check” the president’s power. ▯ Congress can overturn a presidential veto; the right of congress to reject presidential nominations to posts in the Cabinet and Supreme Court ▯ Executive Office of the President (EOP) To provide the President with the support that he or she needs to govern effectively, ▯ created in 1939 by President Franklin D. Roosevelt. ▯ Vice president ▯ act as presiding officer of the Senate. ▯ serves as ceremonial assistant to the President ▯ Advisor to the president ▯ Executive order a rule or order issued by the president to an executive branch of the government and having the force of law. ▯ controversial because they allow the president to make major decisions, including law, without the consent of Congress. Vocabulary: ▯ Federal Bureaucracy: consists of the roughly 500 departments, agencies, administrations, authorities, and commissions that carry out responsibilities assigned to them through Congressional legislation ▯ Pardons: The granting of a release from the punishment or legal consequences of a crime; a pardon can be granted by the president before or after a conviction. ▯ Amnesty: A pardon extended by the government to a group or class of persons, usually for a political offense; the act of a sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted ▯ Executive Power Clause the portion of Article II, §1 of the Constitution that grants the president the authority to carry out all laws passed by Congress. The vague language of this clause has been used by presidents to significantly expand the powers of the office. ▯ Commander in Chief: The role of the president as supreme commander of the military forces of the United States and of the National Guard units when they are called into federal service. ▯ Head of State: the highestranking position in a sovereign state and is vested with powers to act as the chief public representative of that state. ▯ Presidential Pardon: the right of the leader of a country to forgive someone for a crime, or to excuse someone from a punishment (for federal crimes) ▯ Presidential Appointment: appointment by the President to certain federal positions ▯ Advice and Consent: The power vested in the U.S. Senate by the Constitution (Article II, Section 2) to give its advice and consent to the president on treaties and presidential appointments. ▯ Executive Order: A rule or regulation issued by the president that has the effect of law. Executive orders can implement and give administrative effect to provisions in the Constitution, to treaties, and to statutes. ▯ Ratification: the official way to confirm something, usually by vote. It is the formal validation of a proposed law. ▯ Veto: A constitutional right to reject a decision or proposal made by a law making body ▯ Executive Privilege: The power to keep executive communications confidential, especially if they relate to national security. ▯ Bully Pulpit: The president's use of his prestige and visibility to guide or enthuse the American public. ▯ State of the Union: The president's annual statement to Congress and the nation. ▯ Honeymoon Period: Period at the beginning of a new president's term during which the president enjoys generally positive relations with the press and Congress, usually lasting about six months. ▯ Vice President: an executive officer ranking immediately below a president ▯ Cabinet: An advisory group selected by the president to aid in making decisions. The cabinet currently numbers thirteen department secretaries and the attorney general. Depending on the president, the cabinet may be highly influential or relatively insignificant in its advisory role. ▯ Impeachment: As authorized by Articles I and II of the Constitution, an action by the House of Representatives and the Senate to remove the president, vice president, or civil officers of the United States from office for committing "Treason, Bribery, or other high Crimes and Misdemeanors.” ▯ Pocket Veto: A special veto power exercised by the chief executive after a legislative body has adjourned. when the President vetoes it and Congress does not override the veto when left unsigned for 10 days and Congress is adjourned. Chapter 12: The Bureaucracy Key Concepts: ▯ bureaucracy a system of government in which most of the important decisions are made by state officials rather than by elected representatives. ▯ ROLE: The federal bureaucracy performs three primary tasks in government: ▯ Implementation When Congress passes a law, it sets down guidelines to carry out the new policies. ▯ administration, ▯ Spoils system A political system in which the winning party in an election compensates its supporters with government jobs and services. ▯ replaced by the Pendleton Actwhich is an act that assures that people in federal office are hired based on merit. ▯ replaced by the progressives because Andrew Jackson allowed bureaucracies to become partisan and inefficient. ▯ 4 different types of bureaucratic agencies ▯ The Cabinet Depts: The 15 Cabinet departments are each headed by a Secretary who sits on the President's Cabinet responsible for directing the department's policy and for overseeing its operation. Cabinet secretaries are usually torn between their responsibilities as presidential advisers and heads of their departments. ▯ Exception: Justice Department, which is headed by the Attorney General, who is also a member of the President's Cabinet. ▯ Gov Corps: Government corporations do not belong to any department — they stand on their own. ▯ Ex: the United States Postal Service and Amtrak. They are different from other agencies in that they are businesses created by Congress, and they charge fees for their services. ▯ Independent Agencies: Independent agencies closely resemble Cabinet departments, but they are smaller and less complex. Generally, they have narrower areas of responsibility than do Cabinet departments. Most of these agencies are not free from presidential control and are independent only in the sense that they are not part of a department. They are appointed by the President but generally report to Congress. ▯ exception : Environmental protection agency (EPA) reports directly to the President. ▯ Regulatory Agencies: These agencies regulate important parts of the economy, making rules for large industries and businesses that affect the interests of the public. Because regulatory commissions are "watchdogs" that by their very nature need to operate independently, they are not part of a department, and the President does not directly control most of them. Each commission has from 5 to 11 members appointed by the President, but the President cannot remove them for the length of their terms in office. ▯ Be able to discuss the history of the bureaucracy and how it has changed since its inception ▯ In short, the history of the federal bureaucracy is one of the government continuously attempting to address the demands of an evolving American society. ▯ As the responsibilities of the bureaucracy have increased, so has its power and size. ▯ But the bureaucracy still relies on the president and Congress for its size and funding, and thus remains limited in what it can do. ▯ Be able to discuss the Iron Triangle, including which entities comprise it. ▯ Be able to identify who is in charge of the bureaucracy and what effect each of the branches of government has on it. The executive branch controls most of the bureaucracy. The legislative branch, Congress, controls the Library of Congress, the Congressional Research, and the government Accountability Office. Congress oversights the bureaucracy. The judicial branch gets involved when issues of law and constitutionality arise, when regulations are violated or agencies overstep boundaries. ▯ What perception of the bureaucracy does the public hold? The public holds a negative perception on the federal bureaucracy Vocabulary: ▯ Bureaucracy – a set of structures and procedures used by government (or other large organizations) to administer policies and programs. ▯ Independent Executive Agencies A federal agency who specializes in one area that is not part of a cabinet department but reports directly to the president. Example: CIA, NASA, EPA ▯ Independent Regulatory Commissions also part of the executive branch, but, like agencies, they are responsible to Congress. Beginning in 1887, Congress established these commissions to make rules on issues involving commerce, economics, communications, and elections. These commissions include the Federal Reserve System, the Federal Trade Commission, the Federal Communications Commission, and the Federal Election Commission. During the 1960s and early 1970s, most new regulatory programs were placed within the cabinet departments and made directly responsible to the president instead of Congress. More recently, the DoddFrank Act of 2010 established the Consumer Financial Protection Bureau within the Federal Reserve System; this independent bureau is tasked with promoting fairness and transparency regarding common financial products such as mortgages and credit cards. ▯ Government Corporations a company that is owned by the government and operates with the same independence of a private business, except that the owner is the government. ▯ Merit System the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections. It is the opposite of the spoils system. ▯ Patronage System – “Spoils system”, describes an informal practice in which a political party would award government positions to its supporters in exchange for their continued support. ▯ Hatch Act – an American statute which controls political activity of government employees. ▯ Devolution – the delegation of power by the federal government to state and local governments. ▯ Civil servants A public official who is a member of the civil service. ▯ Iron Triangle – a term describing the coordination among congressional committees, bureaucratic agencies, and interest groups. ▯ Privatization – a shift in responsibility for service provision from the public sector to the private sector. Chapter 13: The Judiciary Key Concepts: ▯ Review Article III of the Constitution. Article III is the only place in the constitution that establishes the Supreme Court. It is also the shortest article devoted to governmental institutions. It outlines the parameters and specifics of the Supreme Court. It is divided into 3 sections. The Judiciary Act of 1789 established a Supreme Court with one chief justice and five associate justices. The act further defined the jurisdiction of the Supreme Court to include appellate jurisdiction in larger civil cases and cases in which state courts ruled on federal statutes. Congress required the justices of the Supreme Court to preside with the local federal judges on the U.S. circuit courts that met in judicial districts throughout the nation, thus insuring that members of the highest court would participate in the principal trial courts of the federal judiciary and be familiar with the procedures of the state courts. The size of the Supreme Court grew to accommodate the establishment of new circuits as the nation expanded. In 1807 a seventh justice was added to the court, and in 1837 an eighth and ninth justice joined the Supreme Court. The size of the Court reached its highest point in 1863 with the creation of a Tenth Circuit on the west coast and the appointment of a tenth justice. In 1866, Congress reduced the size of the Court to seven justices and provided that no vacant seats be filled until that number was reached. The number of sitting justices fell to eight before an act of 1869 provided for nine justices, one for each of the judicial circuits established in 1866. The size of the Court has since remained the same. ▯ Discuss the historical development of judicial power and of the judicial branch itself, including how the number of judges who sit on the court has fluctuated over time. The Supreme Court has only in the 20th century begun to be taken as a serious part of the government. Several people declined positions as judges in favor of more prestigious roles. It wasn’t until 1935 that the Supreme Court had its own place to meet. Although the Congress has the power to increase or decrease the number of justices, the number nine was set in 1869. ▯ Identify the Founder’s opinions on the role of the Court, its function, and its power. Historians have concluded that most of the Founders probably supported the idea of the judicial branch having some power to review and reject actions taken by the other two branches. ▯ Discuss the role of Marbury v. Madison and how it led to the creation of the Court’s power. Marbury v Madison introduced judicial review, expanding the power of the judicial branch.This is arguably the Supreme Court’s most notable and notorious power. However, the Constitution does not explicitly grant the Court the power of judicial review. ▯ Compare and contrast the different types of jurisdiction. Original jurisdiction is the Court’s ability to hear a case for the first time. If federal case involves 2 or more states, Supreme Court is only place to hold trial. It includes cases involving foreign ambassadors as well. Appellate jurisdiction is the Court’s ability to hear cases on appeal from a lower court, and can be adjusted by Congress. The Court only reviews the application of the law by lower federal or state courts. No testimony or evidence is presented. ▯ Distinguish the difference between the various levels of the courts in the U.S. State Trials Courts: hears cases for the first time. State Appellate Courts: Hears appeals to State Trials Court Decision. State High Court: Hears appeal to State Appellate Court decision. Reviews application of Law. U.S. District Courts U.S. Courts of Appeals U.S. Supreme Court ▯ Identify and discuss the steps in the federal appointment process. ○ Because Supreme Court justices hold their positions for life and review the constitutionality of government actions, judicial nominations can have significant longterm implications for public policy. > Presidents must first weigh the legal experience and intellectual fortitude of potential nominees. o Most recent Supreme Court justices have served as federal judges and boast impressive records of legal education and experience. > Presidents may use judicial nominations to demonstrate a commitment to diversity, as they will look at such qualities as gender, religious affiliation, and ethnic background. o Also puts forwards young nominee. > Presidents must consider the likelihood of Senate confirmation of potential nominees. o It is good to secure a 60vote margin to confirm nominees. ▯ Discuss the constitutional requirements to be a federal judge and the limits placed on how long a federal judge can serve. ▯ Discuss the Supreme Court’s procedure for selecting, hearing, and deciding cases. What influences their decision as to whether to hear a case or not? Before reaching the Supreme Court, cases must travel through one of the 94 federal district courts spread across the country, then through one of the 13 courts of appeals. Though the number of federal courts has increased over time, this fundamental three tiered structure has remained. Granted the Supreme Court the power to hear appeals to decisions that involve a federal question made in the highest courts in each of the states. Most of the cases heard by the Supreme Court fall under its appellate jurisdiction. In these cases, the Court only reviews the application of the law by lower federal or state courts (frequently decisions made in U.S. courts of appeals). 1. First, there must be an actual case or controversy involving two adversarial parties. 2. Second, the parties involved must have standing. 3. Cases that are moot do not qualify for consideration by the Court 4. Cases that are not ripe do not qualify for consideration by the Court. ▯ How many cases (or what percentage of cases) ARE actually heard by the Supreme Court? Less than 1%(About 80 a year) ▯ Explain the role of the Attorney General, Solicitor General, and Law Clerks in the judicial system and the Supreme Court Attorney General: represents a country or a state in legal proceedings and gives legal advice to the government. Solicitor General: represent the federal government of the United States before the Supreme Court of the United States. Law Clerks: provides assistance to a judge in researching issues before the court and in writing opinions. ▯ What special privileges does the Chief Justice have? The highest judicial officer in the country, and acts as a chief administrative officer for the federal courts and, as head of the Judicial Conference of the United States, appoints the director of the Administrative Office of the United States Courts. The Chief Justice also serves as a spokesperson for the judicial branch. ▯ Be able to discuss how judges make decisions. When hearing cases, Supreme Court justices consider precedent (rulings in previous cases) and the principles enshrined in the Constitution itself. But other factors influence their decisions as well, such as background and personal history ▯ How do judicial activism and judicial restraint factor in? According to the philosophy of judicial restraint, justices of the Supreme Court should base their decisions on the literal text of the Constitution, the intentions of the Framers as stated in the Constitution and other historical documents and the precedents established by the rulings of previous courts. According to judicial activism, the judiciary serves as an important check and balance in the American political system. Justices who practice judicial activism tend to view the Constitution as a document that was intended to be flexible so that it could evolve along with changing social and political conditions. Key Terms: ▯ Precedent: a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar on analogous cases ▯ Judicial Review: The doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution ▯ Original jurisdiction: The Supreme Court’s ability to be the first to review a case. ▯ Appellate jurisdiction: The Supreme Court’s ability to hear appeals. ▯ Mandatory Jurisdiction: A state has agreed to accept in certain prescribed matters ▯ Discretionary Jurisdiction: a circumstance where a court has the power to decide whether to hear a particular case brought before it ▯ Chief Justice of the Supreme Court Speaks first and last to vote;The Chief Justice is nominated by the President of the United States and confirmed to sit on the Court by the United States Senate. The U.S. Constitution states that all justices of the court "shall hold their offices during good behavior," meaning that the appointments end only when a justice dies in office, resigns, or is impeached by the United States House of Representatives and convicted at trial by the Senate ▯ Associate Justice of the Supreme Court the members of the Supreme Court of the United States other than the Chief Justice of the United States. The number of Associate Justices is determined by the United States Congress and is currently set at eight by the Judiciary Act of 1869. ▯ Standing capacity of a party to bring suit in court ▯ Mootness a matter of moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of law ▯ Writ of Certiorari a request from a high court to a lower court for records of a case to be sent for review. ▯ Rule of Four The Supreme Court’s longstanding tradition of agreeing to hear a case if at least four justices favor its review. ▯ Amicus Curie Briefs A type of brief filed by “a friend of a court” or someone who is not directly involved in the case at hand. ▯ Stare decisis the principle of deferring to precedent ▯ Majority opinion a written opinion that establishes the decision of the court, offers a legal rationale for that decision, and sets a precedent for a future related case. ▯ Concurring opinion an opinion that agrees with the conclusion, but not its reasoning, of the majority opinion of the courts, ▯ Dissenting opinion AN opinion that disagrees with the majority opinion of the courts. ▯ Judicial Restraint a judicial philosophy that calls for judges to respect the roles of other branches of government of federal and state governments, to refrain from invalidating federal and state law whenever possible, and to respect stare decisis. Those who adhere to judicial restraint often limit their interpretation of the Constitution to the literal text or the original intent of the Founders. ▯ Judicial Activisma judicial philosophy that calls for judges to protect the jurisdiction and interests of the Court in a government of separated powers and to invalidate federal and state law when necessary. Those who adhere to judicial activism often interpret the Constitution within a contemporary political context. Other things to know •focus on chp 10 and 11 ▯ senate person in California representing most people) but in general a lot of vocab (reapportionment, pocket veto, etc) ▯ what the house/senate/prez would or wouldn't be responsible and last thing I remember specifically was question that asked what was last war that congress declared war on other country ▯ Like the enumerated powers and the other powers of all branches. Know the age they have to be, ▯ how many justices there are, ▯ know the Pendleton act and that it was for the spoils system, ▯ know there's no age qualification for supreme justices and they serve for life tenure ▯ Marbury case is there and how it establishes judicial review ▯ Federal judge serve term ▯ Supreme court justices minimum age ▯ know the age and term requirements for senate/house/prez ▯ filibuster, ▯ ClotureThe cloture rule–Rule 22–is the only formal procedure that Senate rules provide for breaking a filibuster. A filibuster is an attempt to block or delay Senate action on a bill or other matter. Under cloture, the Senate may limit consideration of a pending matter to 30 additional hours of debate. ▯ ▯ •focus on chp 10 and 11 ▯ after what event was social security started after the great depression (FDR the new deal) ▯ term length of federal judge (life) HOR and Senate requirements, ▯ • ww2 was the last time congress used its ability to declare war.
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