II. Federalism (Chapter 5) A. What makes a federal system, like that of the United States, different from a confederate and unitary national government? Unitary national government: a country with supreme central government that either is the oDon't forget about the age old question of hy 103
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nly government or does not share sovereign authority with lower governments B. What is judicial review? Why has it been important for the development of federalism over time? Judicial Review: Authority of courts to decide whether an act of government is constitutional or unconstitutional.The power of judicial review refers to the authority of courts to decide whether acts of government are constitutional or unconstitutional.When the U.S. Supreme Court declares a government action or law unconstitutional, all lower courts and government officials in the country (both federal and state) are understood to have a duty to abide by that ruling. C. Make sure to understand how the Article VI Supremacy Clause and Tenth Amendment help to define American federalism. Supremacy Clause All federal laws are the laws of the land. Tenth amendment The federal government is limited to two powers (which are below) which are delegated to it by the U.S constitution. a. The U.S. Constitution “delegates” powers to the federal government in two ways: through enumerated powers Specific legislative powers explicitly granted to Congress. and implied powers not specifically granted, but implied by letter, and spirit of constitution Where in the Constitution are most of Congress’ enumerated powers listed? Most enumerated powers and implied powers are listed in Article I, Section 8 of the constitution. What is the Necessary and Proper Clause? A clause that grants congress authority to make all laws which can be necessary for carrying to execution, all other powers granted by constitution. This clause grants congress many implied powers. What are “amendmentenforcing provisions”? Provisions of 6 amendments that grant congress authority to enforce the rights guaranteed by those amendments.How are they sources of implied powers? Power not explicitly granted to congress, moreso implied by the letter, and spirit of the text of the constitution. b. What are “reserved powers”? Areas of public policy over which only state government have authority D. What is meant by “the police power”? (HINT: It is not about police officers.) Authority of government to make laws and regulations in order to promote the health, safety, welfare, and morals of the people. In the United States, it is understood that the police power is reserved to the states governments. What does it have to do with the constitutional law of American federalism? The federal government only has the authority delegated to it by the constitution Are there any constitutional limits on the police power of the state governments? No, the states may to whatever they choose to promote the health, safety, welfare, and morals or the people E. What advantages of forming unions (like the European Union or the U.S. union) are pointed to by prounionists? The problem with disunion is that it makes it more difficult for governments to resolve conflicts peacefully. When governments are united they relate to each other through political & legal processes. Unions also make it easier to create beneficial economic arrangements, immigration policies, & environmental pollution controls What disadvantages do antiunionists (e.g., secessionists) point to? Opponents of unions emphasize the loss of autonomy & self determination F. Make sure to understand the five kinds of arguments (discussed in the textbook) made in favor of greater national government power and the four kinds of arguments made in favor of less national government power. GREATER national government ( less state government ) 1. Preserving the union ○Follows a strong national government and weak subordinate states 2. Creating uniformity○ If a business was seeking to expand beyond a single state, it’ll benefit if regulatory standards are the same state to state 3. Providing national public goods ○ Able to create incentives to lead “would be free riders” to contribute to the provision of public goods 4. Protecting minority rights ○ Civil rights of african americans 5. Preventing “races to the bottom” ○ “Race to the bottom”: competition between states leads them to enact socially suboptimal regulations in order to attract business investment LESS national government ( greater state government ) 1.Protecting liberty ○ If power were to be centralized in the national government, the government would become highly oppressive 2.Accommodating diverse values and interests ○Police power: promotes the “welfare” or “morals” of the people i. Reserved to the states 3.Policy experimentation (“laboratories of democracy”) ○Scientific knowledge 4.Fostering democratic citizenship ○ Increases the number of opportunities for citizens to participate in democratic government and thereby develop the traits essential for democratic citizenship G. Generally speaking, has the power and authority of the national government increased or decreased over time? increased H. What impact (if any) did each of the following have on the development of federalism?: a. The Supreme Court’s doctrine that the regulation of economic production is a power reserved exclusively to the states. b. 16th , 17th , 18th , and 19th Amendments 16th Amendment is an amendment that gives Congress the power to collect taxes.17th direct election of senators 18th amendment stopped the sale and drinking of alcohol in the United States. This amendment took effect in 1919 and failed. 19th Amendment gave women the right to vote. I. In 1937, in upholding New Deal programs, the Supreme Court offered a revolutionary new interpretation of the Constitution, which had the effect of granting the federal government extensive authority to regulate the economy and enact the modern welfare state. Make sure to know and understand …. a. what is “the substantial effects doctrine”? Substantial effects doctrine states that the federal government may regulate any economic activity that has a substantial effect on interstate commerce how it replaced the older way of interpreting the Commerce Clause? Created a massive increase in the federal government's authority to regulate the economy why this matters for the federal government’s authority to regulate the economy; The federal government can now regulate wages, the rights of workers to unionize, & the safety of working conditions b. how the Court interpreted the spending clause—which says Congress has power to tax and spend “to promote the general welfare”—in such a way as to allow for Social Security and other welfare state programs; and They limited powers c. how liberals, conservatives, and libertarians agree and disagree over the legacy and value of the New Deal with respect to the development of the federal government’s power and authority. Some conservatives think parts of the new deal might have been necessary but that it put the federal government on a longterm path to growing out of control. Libertarians think that the new deal was unnecessary, ineffective, improper, & harmful. Liberals have thought the Court during FDR’s first term was on the wrong side of history. J. Federal government spending spiked to very high levels during World War II. After plummeting immediately after the war, it went back up (although not to World War IIlevels). What two factors does the textbook point to as reasons for the continued high levels of federal government spending after World War II? 1. The world war immediately morphed into the cold war which led both republicans and democrats to support an active federal government role in assuring military, technology, and economic supremacy over the Soviet Union 2. LBJ’s “great society” initiatives ie. promoting war on poverty, improving education & medical care. Etc. K. What is meant by “cooperative federalism”? Form of federalism, sometimes called Marble Cake Federalism, in which federal and state governments cooperate and their roles and functions are intermingled. Why is it referred to as “marble cake federalism”? – Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs How does it differ from “dual federalism” (AKA layer “layer cake federalism”)?rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government. a. What are “categorical grants”? A categorical grant is a type of federal grantinaid that provides relatively strict and specific guidelines on how the state or local government receiving the money must spend it. How do they differ from the other major kind of grantinaid (i.e., “block grants”)? By accepting these funds, states allowed the federal government to define and oversee implementation of many aspects of public policy that had previously been carriedout with little or no federal government involvement. This includes policies aimed at urban development, education, and preserving the environment. b. What does it mean to say that the increased use of categorical grants during LBJ’s administration led American federalism to move further from dual federalism and more toward cooperative federalism? Cooperative federalism This increased intermingling of federal and state functions—with the federal government using categorical grants to induce states to implement national policy priorities in areas that had previously been handled solely by the states—gave American federalism a distinctive new form. This new form is often called “cooperative federalism ,” which replaced the older form of federalism that is called “dual federalism .” L. Generally speaking, what did civil liberties and civil rights have to do with an increase in the federal government’s influence over state government’s during the 1950 and 1960s? The second major development in this period affecting the relationship between the federal government and the states had to do with topics we will discuss in greater detail in future chapters: civil liberties and civil rights . Both major Supreme Court decisions and major congressional legislation during this period led toward a much greater federal government role in protecting (1) the rights of individuals from state government abuse and (2) historically oppressed groups— especially African Americans—from various forms of discrimination by state governments and private businesses. M. Libertarians and conservatives were strong critics of many aspects of LBJ’s Great Society programs. Why did they think the federal government’s activities during this period was better described as “coercive federalism” than “cooperative federalism”? conservatives and libertarians to be more like “coercive federalism”—that is, a situation in which the federal government dictated policy to the states instead of working as a coequal partner alongside them. Of particular concern was the fact that many federal regulatory requirements did not provide the funds necessary for the states to meet the requirements. State government officials, as well as conservatives and libertarians, began to complain about these socalled “unfunded mandates.” What did this critique have to do with “unfunded mandates”? State government officials, as well as conservatives and libertarians, began to complain about these socalled (unfunded mandates Federal regulatory or spending requirements placed on states, that states need to pay for with their own funds) Additionally, many conservatives, especially in the South, opposed the federal government’s newfound commitment to securing civil liberties and civil rights against state government infringement in the 1950s and 1960s. N. The textbook points to two ways that President Ronald Reagan sought to “curb the size and influence” of the federal government. According to the textbook, which of these efforts was somewhat successful and which was unsuccessful? Reagan did reduce the spending on federal gov’t grantsinaid to state and local gov’ts, however his tax cuts did not lead to reduced spending like he’d hoped. The tax cuts reduced revenue to the Fed. gov’t, but spending increased (increase in military spending to defeat the Soviet Union in the cold war). a. Why, after three decades of decline, did the national debt double during the 1980s? Because of Reagan’s endorsements, increasing military spending, and it was easy for the fed, gov’t to borrow money to pay for spending programs, even when those programs weren’t being paid for by tax receipts. O. Working with Republicans in Congress, what did President Bill Clinton do to “welfare” (also known as AFDC) in order to devolve greater authority for that program back to the states? Clinton worked with Republicans to convert categorical grants related to welfare, job training, and transportation into block grants. Of these conversions, the most important was that of AFCD (i.e., “welfare”). Clinton with congressional Republicans, consistent with a promise from the Contract with America, converted the AFCD categorical grant program into a new block grant program called Temporary Assistance for Needy Families (TANF). Was it he or the Democrats in Congress who opposed doing the same with Medicaid? President Client opposedP. What modification to the “Substantial Effects Doctrine” did the U.S. Supreme Court offer in U.S. v. Lopez (1995)? IN A LANDMARK CASE IN 1995 CALLED U.S. V. LOPEZ , THE COURT ESTABLISHED A LIMIT ON THE SUBSTANTIAL EFFECTS DOCTRINE. During this period, the Court also, for the first time since 1936, declared limits on Congress’ authority to regulate society under the Commerce Clause . As we have seen, ever since 1937, the Court has operated from what we now call the “substantial effects doctrine,” which says Congress, under the authority of the Commerce Clause, may regulate activities that (in Congress’ judgment) have a substantial effect on interstate commerce. Did this mean the Supreme Court returned to the pre1937 interpretation of the Commerce Clause? No Q. Between 1968 and 2000, a great deal of effort was put into reducing the size and influence of the federal government by President Nixon, President Reagan, Congressional Republicans, and President Bill Clinton. According to the textbook, were these efforts generally successful or unsuccessful (as measured by the number of nonmilitary personnel employed by the federal government, the number of pages in the Code of Federal Regulations, and the amount of money given by the federal government to state governments)? Although the total number of persons employed by the federal government is about 20% lower today than in 1980, that is entirely due to reductions in military personnel that began in the early 1990s when the Cold War came to an end. The amount of regulatory activity by federal agencies has continued to increase since the mid1960s. The size and influence of the federal government has continued to grow is based on the amount of money it sends to the states in the form of grantsinaid.R. Make sure to understand what is meant by the claim that, at least since the beginning of the 21st century, there neither party is committed to “principled federalism.” A preference for a particular allocation of authority between the national and state governments that one consistently adheres to. For example, a principled commitment to "states' rights" would lead one to favor state authority even when one expects most states to enact policies one strongly disapproves of. S. According to the textbook since the beginning of the 21st century, what two concerns seem to have contributed to an enduring increase in the federal government’s size and power? The rising cost of health care The threat of terrorism T. According to the textbook, looking ahead to the future of federalism, why are population aging and the rising costs of healthcare increasingly putting pressure toward greater federal government spending? Unless something is changed, the national debt will continue to grow? How are Republicans and Democrats currently differing in their approaches to this challenge? The aging population and rising cost of healthcare are projected to contribute to growth in federal government spending on social insurance programs especially Medicare, Medicaid, and Social Security. National debt will continue to grow Republicans in general are often said to be proponents of state rights, and a smaller and less powerful federal government, except when it comes to national security. Democrats would like to see an expansion of government. Chapter 12: Congress ∙ What is an incumbent? o Current Office holder ∙ What are some of the advantages to being an incumbent in Congress? What are some of the pitfalls of incumbency? o Advantages: Promotes his or her reelection prospects by catering to the constituency: the people residing in the incumbent’s state or district. Raising campaign funds. Redistricting; have final electoral advantage o Pitfalls Disruptive Issues Personal Misconduct Turnout Variation: The midterm Election Problem Primary Election Challengers – widening ideological gap between the parties has made primary elections a riskier time for incumbents with moderate views General Election Challengers: A problem for Senators o Which group raises and spends more money on average, incumbents or challengers? Incumbents ∙ Be sure to be able to define and understand the following terms: reapportionment, redistricting, and gerrymandering. o Reapportionment: the reallocation of House seats among states after each census as a result of population changes. o Redistricting: the process of altering election districts in order to make them as nearly equal in population as possible. Takes place every ten years, after each population census o Gerrymandering: the process by which the party in power draws election district boundaries in a way that advantages its candidates. ∙ When should turnout be higher, in a midterm or presidential election year? o Presidential ∙ According to the book, has party unity in Congress gone up or down since 1970? o Gone up ∙ What are the different leadership positions in Congress (for example: House Majority Leader)? o House Leaders and Senate Leaders o What are the roles played by party leaders? House Leaders: person presiding over by a Speaker, elected by the vote of its members. ∙ Developing the parties positions on issues and in persuading party members in the House to support them. ∙ Formal powers: right to speak first during House debate on legislation and power to recognize members (grant them permission to speak from the floor).∙ Chooses the chairperson and the majorityparty members of the powerful House Rules Committee (controls the scheduling of bills). ∙ Assigns Bills to Committees and assigns members to conference commitees Senate Leaders: ∙ Formulates the majority party’s legislative agenda and encourages party members to support it ∙ Chairs the party’s policy committee and acts as the party’s voice in the chamber ∙ What is the role of standing committees? o Permanent congressional committee that is responsible for a particular area of public policy. Can draft and rewrite proposed legislation and can recommend to the full chamber the passage or defeat of the bills it handles. ∙ What is the difference between a standing committee, a joint committee, a select committee, and a conference committee? Be sure to know at least one example of each. o Standing Committee: Permenant congressional committees with responsibility for a particular area of public policy. Ex. Senate Foreign Relations Committee o Joint Committee: composed of members of both houses, which perform advisory functions Ex. Joint Committee on the Library; oversees the Library of Congress o Select Committee: created for a specific time period and purpose Ex. CIA o Conference Committee: temporary committees that are form to bargain over the differences in the House and Senate versions of a bill. The committee’s members are usually appointed from the House and Senate standing committees that originally worked on the bill. Ex. Appointed leads from each party side to discuss differences between house and senate ∙ Which party has more seats on a committee, the majority or minority? o Majority ∙ What is the difference between a bill and a law? o Bill: a proposed legislative act. A proposed law with congress. o Law: a voted bill that passes congresss, senate, and with president signature, or if the president veto’s, congress can override the veto and mae a bill a law without presidents’ signature. o Be sure to know the steps before a bill can become a law.o What happens if the president vetoes legislation? If the president rejects the bill through use of the veto, the bill is sent back to Congress with the president’s reasons for not signing it.Congress can override a veto by a twothirds vote of each chamber; the bill then becomes law without the president’s signature. A bill also becomes law if Congress is in session and the president fails to sign or veto the bill within 10 days (Sundays excepted). However if Congress has concluded its term and the president fails to sign in a bill within ten days the bill does not become law. ∙ What is a filibuster? Which chamber allows for a filibuster of legislation? How many votes are needed to end a filibuster? o Filibuster: a procedural tactic in the U.S. Senate whereby a minority of Senators prevents a bill from coming to a vote by holding the floor and talking until the majority gives in and the bill is withdrawn from consideration o Senate o threefifths ∙ What are the three major functions of Congress discussed in the textbook? Be sure to be able to describe each of them. o The first and most major function of Congress is to enact legislation. The role it plays in developing legislation depends on the type of policy involved. Because of its divided chambers and committee structure, as well as the concern of its members with state and district interests, Congress, through its party leaders and caucuses, only occasionally takes the lead on broad national issues. Congress instead typically looks to the president for this leadership. Nevertheless, presidential initiatives are passed by Congress only if they meet its members’ expectations and usually only after a lengthy process of compromise and negotiation. Congress is more adept at handling legislation that deals with problems of narrow interest. Legislation of this sort is decided mainly in congressional committees, where interested legislators, bureaucrats, and groups concentrate their efforts on issues of mutual concern. o A second function of Congress is the representation of various interests. Members of Congress are highly sensitive to the state or district on which they depend for reelection. They do respond to overriding national interests, but for most of them local concerns generally come first. National or local representation often operates through party representation, particularly on issues that divide the Democratic andRepublican parties and their constituent groups, which is increasingly the case. o Congress’s third function is oversight—the supervision and investigation of the way the bureaucracy is implementing legislatively mandated programs. Although oversight is a difficult process, it is an important means of legislative control over the actions of the executive branch. ∙ What is logrolling? o The practice of trading one’s votes with another member’s so that both get what they want. ∙ What are the differences (discussed in the textbook) between Congress and other legislatures around the world? o The U.S. Congress is fragmented in other ways as well: it has elected leaders with limited formal powers, a network of relatively independent and powerful committees, and members who are free to follow or ignore other members of their party. It is not uncommon for a fourth or more of a party’s legislators to vote against their party’s position on legislatures issues. In contrast, European legislatures have a centralized power structure. Top leaders here substantial authority, the committees are weak, and the parties are unified. European legislators are expected to support their party unless granted permission to vote otherwise on a particular bill. Chapter 13: The Presidency ∙ What are the different roles of the president? Be sure to know the differences between them. o Head of State: symbolic representative of the country in the eyes of the world o Chief Executive: responsible for running the massive federal bureaucracy o Crisis Manager: act quickly and effectively when events around the world dictate American response o CommanderinChief: leader of armed forces o Chief Diplomat and Chief Foreign Policy Maker o Chief Legislator: set legislative agenda; o Party Leader: symbolic leader of his political party ∙ Which part of the Constitution establishes the twoterm limit for presidents? o 22nd Amendment ∙ Who is the only president who served for more than two terms? o Franklin D. Roosevelt (4 terms) ∙ What is the process to remove a president from office? o Impeachment ∙ Which presidents have been successfully impeached?o Andrew Johnson o Bill Clinton ∙ Were those presidents removed from office? o NO ∙ Where in the Constitution are the powers of the president located? o Article II ∙ What are the powers of the president? o Power to Veto Legislation/ Powers to Limit Congress o Presidential War Powers o Powers of Appointment and Removal o Power to Grant Pardons o Executive Privilege o Power to Make Foreign Policy o Domestic Power during war time. ∙ What are the different options for a president when legislation is sitting at his or her desk? o Sign the bill into law o Veto the bill, which can be overridden by a twothirds majority of both chambers of congress o Neither sign nor veto the bill, thus allowing it to become a law automatically after ten days ∙ What is a veto override? o Presidents’ veto can be overturned with 2/3 majority votes from both chambers of Congress ∙ What is a line item veto? o A veto that only rejects part of a proposed bill. Congress attempted to allow presidents to employ a lineitem veto in the 1990s, but this effort was declared unconstitutional by the Supreme Court. Thus, presidents currently do not have lineitem veto power. o Is it still used commonly today? No ∙ What is a pocket veto? o A quasiveto that results when the President does not sign a bill and then Congress adjourns fewer than ten days after the bill was presented to him or her. ∙ What is executive privilege? o a right to withhold information from Congress and the courts ∙ Is executive privilege limitless? o No ∙ What is the difference between a treaty and an executive agreement?o Treaty: an agreement between two or more nations, in which they promise to behave in specified ways. Require approval from Senate. o Executive Agreement: a nonbinding agreement between two heads of state in which the president does not need approval from Senate. ∙ Which is harder to put into effect for a president? o Executive Agreement ∙ Which branch of the government has the power to declare war? o Legislative Branch (double check) ∙ What are the three main sources of staff assistance to the president? o White house staff o Executive Office of the President o The Cabinet ∙ Who is generally considered the president’s closest advisor? o Chief of Staff ∙ What are the different functions of the president’s cabinet? o Advising the president on any subject he may require relating to the duties of each members respective office. Advisory Duties. o Lead their departments, creating policies, managing program o Succesors to president if incapacitated in any way o Secretaries of the executive departments (State, labor, Defense, Education, etc..) ∙ What is the “honeymoon period” for presidents? o The timing of a new proposal is extremely important for a president. Even a president who enjoys congressional majorities realizes that a mandate does not last for long. A president must “move it or lose it” in trying to use the mandate to push legislation through Congress in the first hundred days, sometimes referred to as the honeymoon period. o When is a president most likely to pass legislation and influence major policy changes? Chapter 14: Judiciary ∙ What did Hamilton mean when he called the judiciary the “least dangerous branch”? o because it would have “no influence over either the sword or the purse; no direction of the strength or of the wealth of a society; and can take no active resolution whatever.” In Hamilton’s view, the judicial branch “may be truly said to have neither force nor will, but merely judgment.”1 o Who controls the “sword” and the “purse”? Sword – Executive branch Purse Legislative ∙ Be sure to explain the facts behind Murbury v. Madison and why it is important to judicial review. o Marbury v. Madison, 5 U.S. 137, was a U.S. Supreme Court case that established the precedent of judicial review. This judicial review power allows the Supreme Court to invalidate or declare unconstitutional actions or laws created by levels of government. The case surrounds the question of whether or not William Marbury’s right to a commission is valid and if he is due a mandamus from the court. The decision of the court also called into question the Judiciary Act of 1789 and if the constitution was superior or not. Given the supremacy clause, the constitution was deemed the supreme law and Marbury’s commission was denied and the case was discharged. o What is judicial review? Authority of the courts to decide if an act of the government are constitutional or unconstitutional. ∙ Who is the plaintiff in a case? o A party filing a complaint alleging wrongdoing on the part of the defendant ∙ Who is the defendant? o a party to the case who is either sued or accused in court ∙ What are the different types of cases? o Civil Case begins when a plaintiff brings a lawsuit, usually seeking monetary damages for an injury that occurred as a result of the defendant’s actions o Criminal Case: a legal suit initiated by the government in prosecuting an individual for allegedly committing a crime. The losing party in a criminal case can be sentence to prison or death. ∙ What is jurisdiction? o The authority of a court to hear and decide a case. ∙ What is standing? o A requirement for a court to hear a case in which a party must have suffered , or will soon suffer an injury o Be sure to understand the “case or controversy principle” A principle of jurisdiction that there must be some conflict for a federal court to hear and decide a case. ∙ What is a political question? Why doesn’t the judiciary answer political questions? o Doctrine of Political Questions: cases may be dismissed if the issues they present are regarded as extremely “political” in nature o Those issues are likely to draw the courts into a political battle with the executive or legislative branch or are simply more amenable to executive or legislative decision making ∙ What is stare decisis? What role does it play?o Stare Decisis: literal interpretation is “stand by decided matters” which states that under similar facts, the court should follow the precedent established by other (and higher) courts. o A precedent is an authoritative rule established by a court in an earlier case that guides future decisions in relevantly similar cases. A long standing tradition in American courts of law stipulates that they should follow precedent whenever possible, thus maintaining stability and continuity in the law. Justice Louis Brandeis once remarked, “Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right.” ∙ Which article of the Constitution establishes the constitutional basics of the federal judiciary? o Article III o What does that article say about the Supreme Court? Lower Courts? the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” o What protections are given to federal judges? The Chase affair set an important precedent: a federal judge may not be removed simply for reasons of partisanship, ideology, or personality. ∙ What is the basic hierarchy of the federal judiciary? o U.S. Supreme Court o U.S. District Courts o U.S. Court of Appeals o Specialized Federal Tribunal ∙ What is the process for nominating and confirming a federal judge? o Yet, given the numbers of federal judges to be appointed in a typical term, presidents have to rely heavily on others to locate nominees. Lower federal court appointments are heavily influenced by patronage, although ideology and, increasingly, race and gender considerations play a role in the selection process. Under the custom known as senatorial courtesy, senators from the president’s party have traditionally exercised significant influence in the selection of judges for the district courts within their states. Senatorial courtesy has been less important in the nomination of individuals to the courts of appeals and almost irrelevant in the selection of Supreme Court nominees. o What role does the Senate play? Under the Constitution, the Senate must give its “advice and consent” to presidential nominations to the federal courts. The confirmation process begins in the Senate Judiciary Committee, which conducts abackground investigation and then holds a public hearing on the nomination. During the hearing, the nominee appears before the committee to answer questions. Other individuals, often representing interest groups with a perceived stake in the appointment, testify in favor of or in opposition to confirmation. At the conclusion of the hearing, the Judiciary Committee votes on a recommendation to the full Senate. The Senate almost always follows the committee’s recommendation. o What is senatorial courtesy? An informal process in the appointment process of a federal judge where the senators from the president’s party seeks to exert significant influence on the selection of a judicial candidate in their state. Generally, if the senator is unhappy with the candidates, the Senate will reject the nomination or at least put a hold on the confirmation. ∙ How can a federal judge be removed? o The only means of removing a federal judge or Supreme Court justice is through the impeachment process provided in the Constitution. First, the House of Representatives must approve one or more articles of impeachment by at least a majority vote. Then, a trial is held in the Senate. To be removed from office, a judge must be convicted by a vote of at least twothirds of the Senate. ∙ What are the steps of a case before the Supreme Court (starting with a writ of certiorari ending with opinions)?∙ What are the differences between judicial activism and judicial restraint? o Judicial Activism: a way in which to view the philosophy of a justice in which activists are seen to be more likely to support the expansion of the Supreme Court’s Jurisdiction and powers as well we to embrace innovative constitutional doctrines. o Judicial Restraint: a way in which to view the philosophy of a justice in which they prefer a showing of restraint by the Supreme Court in letting the political branches to decide most questions and to follow precedent more strictly. ∙ What are the different constraints on the judiciary? o Constitutional Amendment: most effective means of overruling a Supreme Court or any federal court decision is for Congress to use its power of amendment. o The Appointment Power: The shared presidential–senatorial power of appointing federal judges is an important means of influencing the judiciary ∙ How do the courts enforce their decisions? o Contempt of Court: a mechanism of enforcement available to the judicial branch in which a court may issue if a party fails to comply with a court order.