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SAM HOUSTON STATE UNIVERSITY / Engineering / POLS 2305 / What is the definition of the lemon test?

What is the definition of the lemon test?

What is the definition of the lemon test?

Description

School: Sam Houston State University
Department: Engineering
Course: American Government
Professor: Heather evans
Term: Fall 2018
Tags:
Cost: 50
Name: American Government Midterm 2 Review
Description: These Notes cover chapters 5-10 that will be on the test on Thursday.
Uploaded: 10/31/2018
7 Pages 155 Views 3 Unlocks
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POLS 2305.03 Midterm 1 Review 


What is the definition of the lemon test?



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). 


What is the definition of dual citizenship?



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.


What is the content of the nineteenth amendment?



- 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

- Senate

- 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

 

 Military:  

- Article II gives the president the title of commander in chief  - Presidents have effectively used this title as the power to make  war  

 Judicial:  

- may grant pardons and amnesty Diplomatic

- Negotiate treaties

- May receive foreign ambassadors

 Executive:  

- 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

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