POLS 2305.03 Midterm 1 Review
Chapter 4 & 5: Civil Liberties and Civil Rights
Bill of Rights—various amendments and rulings guarantee the rights of the criminally accused, including due process.
Civil Liberty— are protections of citizens from improper governmental action; they limit collective action by restricting the government’s jurisdiction.
Civil Rights— regulate collective action by establishing decision rules for government’s conduct.
are the legal or moral claims that citizens are entitled to make on the government.
Selective incorporation—the application of the liberties in the Bill of Rights, one by one, to the states.
Lemon Test—refers to the process of determining as to when a law has the effect of establishing religion. The Lemon test was formulated by Chief Justice Warren Burger in Lemon v. Kurtzman, 411 U.S. 192 (U.S. 1973).
We also discuss several other topics like What is the definition of separation anxiety disorder?
Holt v. Hobbs (2015)—an Arkansas prisoner allowed to grow a beard based on religious beliefs
EEOC v. Abercrombie and Fitch (2015)—cannot discriminate in hiring against a woman wearing a head scarf We also discuss several other topics like What is the meaning of invisible sites?
Dual citizenship—that each American is a citizen of the federal government and, separately, a citizen of one of the states.
Nineteenth Amendment— (1919-1920) grants women the right to vote in federal elections.
What is the Bill of Rights?
- Remember that to get the Constitution ratified, Federalists had pledged to amend the Constitution by adding a Bill of Rights. Adopted by late 1791, the 10 amendments that now make up the Bill of Rights include both Substantive and Procedural restraints on governmental power.
- Substantive restraints—limitations on what the government can do.
E.g. the Third Amendment prohibits the government
from quartering soldiers in people’s homes.
- Procedural restraints—limitations on how government can do certain things. Don't forget about the age old question of When does a participant become a defiant subject?
E.g. government may imprison a person for committing a crime but not until the person is provided with a wide
variety of procedural protections (trial by jury, no
double jeopardy, speedy trial, etc.)
The establishment of civil rights and civil liberties reflects which of the five principles of politics?
- Collective Action
What is “Selective incorporation”?
- The application of the liberties in the Bill of Rights, one by one, to the states.
- In McDonald v. Chicago (2010), the Court ruled that the right to defend oneself is fundamental to the Nation’s scheme of ordered liberty --finally incorporated
Which are the standards of the “Lemon Test?”
- It has a secular purpose
- Its effect is neither to advance nor inhibit religion
- It does not create excessive entanglement
Brown v. Board of Education 1952-1954
- Ending discrimination required more than the Brown decision - The civil rights movement built slowly but surely after Brown, culminating in the March on Washington in 1963 Don't forget about the age old question of What are the top natural resources of brazil?
- This required overcoming a collective action problem
Chapter 6: Congress- The First Branch Part I
Trustee—legislators vote based on what they think is best for their constituencies.
Delegate—legislators vote according to the preferences of their constituencies
Senate—The founding fathers envisioned the Senate as a potential “conservatizing” force to counter a potentially radical House of Representatives.
The upper house of the United States Congress. Are elected for six-year terms.
Incumbent—holding a political office for which one is running, which is a huge advantage in congressional elections. Don't forget about the age old question of Why are non-renewable resources significant in international security?
Incumbency Advantage— (holding a political office for which one is running) is a huge advantage in congressional elections. Some of the advantages includes casework, patronage, early money, name recognition.
Name Recognition/Franking Privilege—The privilege of sending mail without payment of postage. Don't forget about the age old question of Which feeling of a person does internalized norm involve?
This privilege is exercised in pursuance of personal or official designations.
The members of Congress have the right to send mail to their constituents at the governments expense.
Reapportionment—Allocation of seats in the House to each state after each census.
Redistricting—Redrawing of district boundaries by state legislatures. “one person, one vote”
Supreme Court rules in 1962 that state legislative chambers must be apportioned with equal populations in each district.
Gerrymandering—as voters can be aggregated within certain districts so as to give an advantage to one political party.
A district altered by dominant legislature party for its own electoral benefit
Can be constitutionally challenged if proven that one group of voters would be consistently deprived of its influence at the polls as a result.
Is the apportionment of voters in districts in such a way as to give unfair advantage to a political party.
Party Leader/Whip—Is what they call the leadership. Members empower party leaders to influence the agenda and manage legislation.
Members organize themselves into party coalitions in the House and Senate called the caucus (Democrats) or a conference (Republicans)
Whip—position underneath party leaders that have the responsibility of influencing other to go out and vote and deals with the partyline.
Closed Rule—prohibits the introduction of amendments.
Presidential Veto—the president may veto legislation, and Congress may only override the veto with a two-thirds vote in each chamber.
Presidents generally use the threat of a veto to shape legislation and try to avoid the embarrassment of having a veto overridden.
Constituency—members care about what constituents will think on Election Day
What are the minimum criteria to run for House or Senate? - House
- 25 years of age, at least 7 years of citizenship, local, 2 years length of term
- 30 years of age, at least 9 years of citizenship, local and national, 6 years (staggered) length of term
- Senate serves larger constituents.
What are the “Delegate Model” and “Trustee Model”? What is the difference?
- Delegate Model: The legislator votes according to the majority of their constituency desires.
- Trustee Model: The voter “trusts” the legislator to make good decisions (i.e., votes) but doesn’t necessarily expect the decisions to be the same as the voter would have made.
- The difference between the Delegate and the Trustees model is that the Delegate Model has the legislator vote based on what the constituents think while the Trustees Model has the legislator vote based on what they think is best for the constituents.
Congress has established three staff agencies designed to provide the legislative branch with resources and expertise independent of the executive branch. What are these three agencies?
- Congress has also created staff agencies like
1. Congressional Research Office(CRS)
2. Government Accountability Office (GAO)
3. Congressional Budget Office (CBO)
to provide nonpartisan policy advice to members
How often do state legislatures must redraw congressional districts to reflect population changes?
- Every 10 years, House districts must be reapportioned among the states and lines redrawn to reflect population changes (Census)
In recent years, the rate of reelection for representatives seeking to return to service in the U.S. House of
Representatives has been really high. According to the lecture, what is the percentage for incumbent to win the reelection?
- 90% is the reelection rate
When congress is looking to approve nominee/candidates for election they look into what?
- Political ideology & Philosophy
Members of congress primary responsibility is?
- A member’s primary responsibility is to his or her constituency, the district making up the area from which an official is elected.
Which of the following institutions serves as a solution to Congress’s collective action problems?
- Party leadership, committees, and congressional staffers Chapter 7: The Presidency as an Institution
Expressed powers—specific powers granted to the president under Article II
- Article II gives the president the title of commander in chief - Presidents have effectively used this title as the power to make war
- may grant pardons and amnesty Diplomatic
- Negotiate treaties
- May receive foreign ambassadors
- The president “shall take Care that the Laws be faithfully executed”
- The president may nominate executive and judicial officials Legislative:
- The president gives information to Congress and recommends measures
- The veto
Inherent powers—powers claimed by a president that are not expressed but are inferred from it.
War powers: the president’s power to make war
Legislative initiative—the president’s power to bring a legislative agenda before Congress Executive order—a rule or regulation issued by the president that has the effect of legislation
Delegated powers—constitutional powers that are assigned to one government agency but exercised by another agency with the express permission of the first.
Congress creates agencies by law, and these agencies use discretion in how they carry out their functions.
The president is sometimes given authority directly and sometimes indirectly through the power to appoint agency officials.
Electoral college—The electoral college was a compromise –combining features of both approaches.
also reflects the federal nature of the Constitution –Ensures that the states have a role in selecting the president
Electoral Districts— An electoral district, (election) precinct, election district, or legislative district, called a voting district by the US Census (also known as a constituency, riding, ward, division, electoral area, or electorate) is a territorial subdivision for electing members to a legislative body.
How many members are in the U.S. House of Representatives? Senate?
- House of Representatives: 435 House Members
- House of Senate: 100 Senators
- 3 electors for the District of Columbia
- = 538 electoral votes
What are the three resources/types of presidential power? - Cabinet—the secretaries, or chief administrators, of the major departments of government report to the president
- White House staff—analysts and advisers who work directly for the president
- Executive Office of the President—permanent agencies that perform defined management tasks for the president
Presidents rely on their partisans for help, but presidents cannot control their party In 2009 and 2010, President Obama had large Democratic majorities in both chambers of Congress; after that, he had to “negotiate” with congressional Republican majorities
Which part of U.S. has more seats for senate?
- Ohio has the most seats for senate
The president’s power to propose a budget every year is which of the following?
- Delegated Power
Chapter 9: Federal Courts
Legal Precedents—prior cases whose principles are used by judges as the bases for their decisions in present cases.
Trial court—the first court to hear a criminal or civil case
Judicial review— the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional.
Judicial review is not explicitly granted to the Court in the Constitution but was asserted by the Court in Marbury v. Madison (1803)
Who are the current TX senators?
- Ted Cruz and John Cornryn
Why “judicial review” is important?
- The Court did not use judicial review much right after Marbury v. Madison, but it has used it quite a bit more frequently in recent decades.
- Judicial review has been used to
Reverse state actions
Overturn federal agency actions
Challenge presidential action
Overturn federal law
Which political branch has the right to declare war? - Congress
In a court system, most criminal cases are heard in what? - Local and state courts
Congress can assign a federal court based of what? - Geographical Location/ Geography
Because the Supreme Court has so much influence over American law and politics, presidents now often make decisions about supreme Court appointments on the basis of candidate’s __________?
- Political ideology & Philosophy