GPOSC Final Exam Study Guide (Ch. 7-13)
GPOSC Final Exam Study Guide (Ch. 7-13) GPOSC 225
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GPOSC Ch7 Political Parties Opening Tea party Caucus movement highlights the enduring con ict in American politics over the proper role government in society Goal is to reduce the size of federal government and its regulations More extreme views and less willing to compromise than Republicans Why parties Based on two major themes con ict and rules Parties and Party Systems Political parties are organizations that run candidates for political office and coordinate the actions of officials elected under the party bannen American political parties are decentralized they constitute a loose network of organizations groups and individuals who share a party label but are under no obligation to work together Organizations of political parties are comprised of three separate and largely independent pieces Party organizations 9 a specific political party s leaders and workers at the national state and local levels Party in government the group of officeholders who belong to a specific political party and were elected as candidates of that party Party in the electorate 9 the group of citizens who identify with a specific political party Party system 9 a period in which the names of the major political parties their supporters and the issues dividing them have remained relatively stable The Evolution of American Political Parties Party System Major Parties Dominant Party in Boldface Key Issues First 17891828 Federalist and the DemocraticRepublicans Location of the capital financial issues strength of central governmentP Second 18291856 Democrats and Whigs Tariffs slavery Third 18571896 Democrats and Republicans Slavery Reconstruction industrialization Fourth 18971932 Democrats and Republicans Industrialization immigration Fifth 19331968 Democrats and Republicans Size and scope of the federal government Sixth 1969present Democrats and Republicans Size and scope of the federal government civil rights social issues foreign policy This table shows that there have been six political parties in America Party principle9 the idea that a political party exists as an organization distinct from its elected officials or party leaders Spoils system 9 the practice of rewarding party supporters with benefits like federal government positions Political machine 9 an unofficial patronage system within a political party that seeks to gain political power and government contracts jobs and other benefits for party leaders workers and supporters Realignments Realignment a change in the size or composition of the party coalitions or in the nature of the issues that divide the parties Typically occur within an election cycle or two but they can also occur gradually over the course of a decade or longer Each party system is separated from the next through this quot Modern American Political Parties Political parties are a central feature of American politics Examine the different aspects party organization the party in government and the party in the electorate The Party Organization The principle body in each party organization is the national committee 9 an American political party s principal organization comprising party representatives from each state Job is to run the party s daytoday operations recruit candidates and supporters raise money for future campaigns and work to build a consensus on major issues Also include groups designed to build support for particular individuals or politicians 0 Political action committee PAC 9 interest group that can raise money to contribute to campaigns or to spend of ads in supports of candidates The amount a PAC can receive and spend is strictly limited 0 527 organizations a taxexempt group formed primarily to in uence election through voter mobilization effort and to issue ads that do not directly endorse or oppose a candidate They are not subjected to limits on spending Back to the opening statements about the Tea party which seems to act more as an interest group than a political party 0 Party Brand Names Brand names 9 use of party names to evoke certain positions or issues 0 Limits of the Party Organization Critical thing to understand is that the Democratic and Republican parties are not hierarchies The party organizations state and national are not able to force others to share its positions on issue or to even comply with requests The Party in Government Consists of elected officials holding national state and local offices who have taken office as candidates of a particular party Public face of the party Get to serve as members of Congress or as executive officials and actually propose debate vote on and sign the legislation that determines what government does Can also recruit candidates write platforms and pay for campaign ads 0 Caucuses and Conferences In the House and Senate the Democratic and Republican parties are organized around working groups called a caucus congressional the organization of Democrats within the House and Senate that meets to discuss and debate the party s positions on various issues in order to reach a consensus and to assign leadership positions or a conference 9 the organization of Republicans within the House and Senate that meets to discuss and debate the party s positions on various issues in order to reach a consensus and to assign leadership positions 0 Policy Position Modern Congress is polarized in both the House and the Senate Republicans and Democrats hold different views on government policy The Party in the Electorate Consists of citizens who identify with a particular political party Party identification party ID9 a citizen s loyalty to a specific political party 0 Party Identification Party identification is different from formal membership in a political party Joining a party does not give a citizen any direct in uence over what that party does Real participation in party operations is open to citizens who become activists by working for a party organization or one of its candidates 0 Party Coalitions Data on party ID enable scholars to determine the party coalitions 9 the groups that identify with a political party usually described in demographic term such as African American Democrats or evangelical Republicans The Role of Political Parties in American Politics Political parties play an important dual role in American politics from helping to organize elections to building consensus across branches of government Contesting Elections Virtually everyone elected to a state or national political office is either a Republican or a Democrat Very few Independents or minorparty candidates including those with the Tea Party 0 Recruiting and Nominating Candidates National party leaders now play a central role in finding and recruiting candidates often promising those candidates help in assembling a staff organizing a campaign and raising money Candidates for these offices are selected in a primary 9 a ballot vote in which citizens selects a party s nominee for the general election or a caucus 9 a local meeting in which party members select a party s nominee for the general election Nominating convention 9 a meeting held by each party every four years at which states delegates select the party s presidential and vice presidential nominees and approve the party Party platform 9 a set of objectives outlining the party s issue positions and priorities Candidates are not required to support their party s platform Cooperation in Government Agenda setting parties meeting to devise strategies for legislative action only when its members can all agree Coordination important for enacting new laws Can also occur between caucuses or conferences Accountability One of the most important functions Unified government 9 a situation in which one party holds a majority of seats in the House and Senate and the president is a member of that same party Party in power 9 under unified government the party that controls the House the Senate and the presidency Under divided government the president s party Divided government 9 situation in which the House the Senate and the presidency are not controlled by the same party Minor Parties Effects on the Election Outcomes Minor parties do not play a decisive role but they some times make a difference in who becomes elected since they take votes away from the major parties 2012 presidential election Nader took votes away from Gore and Bush won the presidency Structural and Issue Differences For most minor parties the party does not exist in government because only a few candidates win spots in office Examples the Green Party Libertarian Party and the Reform Party The issues of minor parties also differ from those of major parties GPOSC Chapter 7 Political Parties Study Guide 0 How have American political parties and party systems evolved over time ANSWER Political parties are a central feature of American politics Party system refers to a period of party stability there have been six party systems in American history These party systems have been separated by realignments which occur when some defining factors of the party system are changed or specified and when rifts in the group develop because of these changes 0 Key terms Party organizations party in government party in electorate party system party principle spoils system political machine and realignment 1 Which were the first wellknown parties in the US Federalist and DemocraticRepublicans E b Democrats and Republicans c Whigs and Federalists d Democratics and Whigs e Whigs and Republicans 2 The idea that a party is not just a group but an organization that exists apart from its candidate is called a party system b spoils system c conditional party government d party identification e party principle 3 The third party system 18571896 was broken up by which issue the creation of a national bank 9 b the size and regulatory power of government c the admission of California to the Union d the adoption of the greenback e the New Deal 0 Describe the main characteristics ofAmerican parties as organizations in the government and in the electorate ANSWER Modern day party comprises three parts is a loosely defined group of individuals and organizations focused on supporting political candidates who share the same policy goals consists of elected officials who are members of a particular party consists of citizens who identify with a particular party 0 Key terms 4 The Democratic and Republican party organizations National committee political action committee 527 organization brand names caucus conference party identification and party coalitions theyare issues a are not able b are not unable c are able d are unable e are sometimes able hierarchical to force state and local parties to share their positions on 5 A group of elected officials of the same party who organize to debate and strategize is called a a b cabal conditional party government primary political action committee caucus 01 conference 6 The modern Congress is a over the past 60 years Polarized increased the distance between the parties has b Polarized stayed the same c Not polarized decreased d Not polarized stayed the same e Not polarized increased 0 Explain the important functions that parties perform in the political system Two major roles 1 they contest elections by recruiting and nominating candidates and supporting candidate campaigns 2 they facilitate cooperation and accountability among members of the same party 0 Key terms Primary caucus nominating convention party platform unified government party in power divided government 7 Which is not one of the ways that political party organizations support candidates a by controlling who runs in House and Senate races b by contributing money to campaign activities c by offering advice on how to deal with the press d by organizing getoutthevote activities e by offering advice on which issues to emphasize 8 Why do most candidates support their party platforms A because candidates are required to support the platforms 10 because all candidates vote on the platforms that are written because candidates get kicked out of the party for not doing so because both major parties platforms are essentially the same because most candidates and their constituents generally agree with the platform When the president House and Senate are controlled by the same party a party in government responsible party government c unified government divided government e conditional party government Consider the role of minor parties in a system dominated by two major parties Two big issues facing minor parties are 1 their platforms do not appeal to a large portion of Americans and 2 the electoral system makes it hard for minor parties to win elections In American politics minor parties a are very prominent at the state and local levels are prominent only in congressional elections c win few offices at any level of government win a significant number of offices at all levels e are more in uential today than in the past 11 The issue positions of minor parties are usually a b c d e Answers A E B B E A A E C C very different from those of the major parties and most Americans very similar to those of major parties and most Americans developed with input from a national network based on the preferences of the party s members in government not the reason people vote for minor party candidates GPOSC OUTLINE CH 8 Elections Opening 0 Every two years 435 House members elected and 33 Senators and every four years a president is elected How do American Elections Work 0 Representative democracy the people vote for individuals who will make choices on their behalf 0 The behavior of candidates and voters is that they are tied directly to what election do selecting representatives giving citizens the ability to in uence the direction of government policy and providing citizens with the opportunity to reward and punish officeholders seeking reelection 0 Most visible function of nation elections is the selection of officeholders members of the House and Senate and the president and vice president Can be incumbents 9 challengers a politician running for reelection to the office he or she currently holds 0 Elections also involve a choice between candidates policy platforms the set of policies and programs they promise to carry out if elected 0 Elections also create a way to hold incumbents accountable Two Stages of Elections House and Senate candidates face twostep procedure 1 if the prospective candidate wants to run on behalf of a political party she must win the party s nomination in a primary election If independent then she must gather signatures on a petition to secure a spot on the ballot Open primaries 9 a primary election in which any registered voter can participate in the contest regardless of party affiliation Closed primaries 9 a primary election in which only registered members of a particular political party can vote 2 the general election process held on the first Tuesday after the first Monday in November Election Day General election 9 the election in which voters cast ballots for House members senators and a president and vice president Constituencies Who Chooses Representatives Senate candidates compete throughout the state House candidates compete in congressional districts Members of House and Senate are elected from specific geographic areas therefore they represent different kinds of people Constituents differ in terms of age race income level occupation and political leaning party affiliation and ideology Determining Who Wins Plurality voting 9 the candidate who gets the most votes wins Most House and Senate contests use this Majority voting 9 meaning that a candidate needs more than 50 percent of the vote to win Some states use this If no candidate wins the majority then runoff election 9 takes place between the top two finishers Election rules can affect results Presidential Elections Many rules governing elections such as eligibility are the same for both presidential and congressional elections However the requirements for candidates are stricter Presidential nominees are determined by statelevel primaries 9 ballot vote in which citizens select a party s nominee for the general election and caucuses 9 local meeting in which party members select a party s nominee for general election A fivemonth period that begins in January Candidates goal is to win as many delegates as possible All Democratic some Republican primaries and caucuses use proportional allocation 9 practice of determining the number of convention delegates allotted to each candidate based on the percentage of the popular vote cast for each candidate Republican primaries and caucuses also use winnertakeall 9 practice of assigning all of a given state s delegates to the candidate who receives the most popular votes Candidates who do well early on attract financial contributions campaign workers endorsements and additional media coverage National convention the main task is to select the party s presidential nominee Also select a vice presidential nominee president picks delegates approve also vote on party platforms Final purpose of a convention is to attract public attention to the party and its nominee During the voting process you don t directly vote for a presidential candidate rather you select that person s slate of pledged supporters from your state to serve as electors who will then vote to elect the president This number of electors equals the state s number of House members which varies by state population plus the number of senators two per states All together this makes the electoral college 9 the body that votes to select the president and vice president based on the popular vote Winnertakeall method that is use by some states puts pressure on two kinds of states highly populated states with lots of electoral votes and swing states The candidate who wins majority of the nation s electoral votes 270 wins the presidency but if no candidate wins majority of the electoral votes the member of the House choose the winner The candidate can win the electoral college vote without winning the majority of votes cast by citizens Electoral Campaigns 0 Election cycle 9 the twoyear period between general elections Setting the Stage Open seat 9 an elected position for which there is no incumbent Before the Campaign Permanent campaign 9 the actions officeholders take throughout the election cycle to build support for their reelection Candidates for all offices devote time before the campaign to raise campaign funds for two reasons 1 it ensures that if the incumbent faces a strong opponent he will have enough money to run an aggressive campaign 2 successful fund raising deters opposition Candidates also build their campaign organization The General Election Campaign By this time several important steps have occurred candidates have announced their intent to run and have built their campaign organizations primary campaigns and elections have taken place and both parities have chosen their presidential nominees and congressional candidates Interest groups candidates and party committees have raised funds the will use to donate in the campaign Fundamental strategies 1 To build name recognition 2 Mobilization referred to as GOTV get out the vote or ground game 9 campaign s efforts to make sure their supporters vote on Election Day Issue positions help to mobilize supporters and attract volunteers activists interestgroup endorsements and contributions Candidate debate each other by help of attack ads9 campaign ads that criticize the opponent Campaign Finance Federal Election Commission 9 government agency that enforces and regulates election laws made up of six presidential appointees no more than three can be members of the same party Hard money 9 donations that are used to help elect or defeat a specific candidate Soft money 9 contributions that can be used for voter mobilization or to promote a policy proposal or point of view as long as these efforts are not tied to supporting or opposing another candidate How do Voters Decide The Decision to Vote Paradox of voting9 question of why citizens vote even though their individual votes stand little chance of changing the election outcome How do People Vote Voting cues9 pieces of information about a candidate that are readily available are easy to interpret and lead a citizen to decide to vote for a particular candidate Cues 1 Incumbency 9 vote for incumbent candidates Partisanship 9 vote for candidate who matches party affiliation Personal Vote 9 Vote for incumbent that has helped you with government assistance or community benefit Personal characteristics 9 vote for candidate that matches your characteristics or common values ideologies or policy preferences Retrospective evaluations 9 vote for candidate that behaves as you would want For against the party in power 9 vote based on a comparison of the candidate s party with an assessment of the party in power Normal elections 9 typical in congressional election in which the reelection rate is high and the in uences on House and Senate contests are largely local Coattails 9 idea that a popular president can generate additional support for candidates affiliated with his party Weak or nonexistent in American elections Split tickets 9 ballot on which a voter selects candidates from more than one political party Straight ticket 9 ballot on which a voter selects candidates from only one political party GPOSC Ch 8 Elections Study Guide 0 Present the major rules and procedures of American elections ANSWER Two steps 1 primary elections select each party s nominee and 2 general elections determine who wins the office Rules that differ from other elections are the Electoral College 0 Key terms Incumbent open primary closed primary general election plurality voting majority voting runoff election primary caucus proportional allocation winnertakeall and electoral college 1 Runoff elections occur only in states that use 9 majority voting b primary elections c plurality voting d absentee ballots e proportional allocation 2 The winnertakeall method of allocating most states electoral votes results in candidates focusing on states and states a lowpopulation safe b highpopulation safe c lowpopulation swing d e highpopulation swing safe swing 0 Describe the features and strategies of campaigns for federal o ice Preparation for the next election begins the day after the last election ends Focus is on fundraising and determining which races are likely to be competitive Incumbents work throughout the election cycle to maintain their good standing among the voters and to secure reelection During the campaign candidates work through advertisements to increase their name recognition and mobilize their supporters 0 Key terms Election cycle open seat permanent campaign GOTV attack ads Federal Election Commission hard money and soft money 3 An open seat election is one in which 9 d 9 there is no challenger in the race there is no incumbent in the race an incumbent loses his seat due to redistricting an incumbent faces a challenger in his own primary an incumbent faces a challenger in the general election 4 What effect does fundraising have for incumbents a It ensures the potential for an aggressive campaign but has no effect on opposition b It ensures the potential for an aggressive campaign and it deters opposition c It ensures the potential for an aggressive campaign and it encourages opposition d It has no effect on the potential for an aggressive campaign nor does it deter opposition e It has no effect on the potential for an aggressive campaign nor does it deter opposition CCTV and ground gamequot refer to a candidate s attempts to a boost name recognition b mobilize supporters c increase fundraising d deter opposition e win endorsements What is soft money a money that can be given directly to a candidate b money that is given by members of the opposing party c money that can be spent to mobilize voters for a specific candidate d money that candidates spend to boost the party s reputation e money that is not tied to a specific candidate Research shows that modern campaign ads are likely to a b change voters minds feature speeches by the candidate have beneficial effects such as informing voters run several minutes in length increase turnout Explain the key factors that in uence voters choices Politics is everywhere but voters don t pay much attention to politics Turnout rates are modest and people know relatively little about candidates and their positions While there are some voters that are highly interested in politics and vote after collecting all information most voters rely on voting cues for their vote choice Key terms Paradox of voting voting cues normal election coattails split ticket and straight ticket The paradox of voting is this Why does anyone vote given that a voting is costly and the chances of affecting the outcome are small b voting is costly and approval for government is high C voting is easy and the chances of affecting the outcomes are large d e voting is easy but informing yourself about the candidates takes time approval for government is low but turnout rates are high 9 Voters who rely on voting cues to determine their vote choice are likely to cast a reasonable vote regardless of their information level unlikely to cast a reasonable vote regardless of their information level likely to cast a reasonable vote and more so if they are informed unlikely to cast a reasonable vote and less so if they are informed neither more nor less likely to cast a reasonable vote than voters who ignore cues 10 Weak coattails and split tickets serve as indicators that a b c d e Answers A D most voters don t know anything about the candidates most elections are determined by local issues most elections are determined by national issues most voters use political parties as their dominant voting cues most voters use incumbency as their dominant voting cue GPOSC Outline Chapter 9 Interest Groups The Interest Group Universe 0 Interest Groups 9 organizations that seek to in uence government policy by helping to elect candidates who support the organization s policy goals and by lobbying elected officials and bureaucrats Lobbying 9 efforts to in uence public policy through contract with public officials on behalf of an interest group Involves persuasion through reports protests informal meetings or other techniques that convince elected officials and bureaucrats to help enact a law or craft a regulation Members of interest groups can be individual citizens local governments businesses foundations and nonprofits or churches Three critical differences in interest groups and political parties 1 Political parties focus on running candidates for office and coordinating the activities of elected officials interest groups don t have an official position on electoral ballots so many interest groups do not get involved in elections 2 Major political parties hold certain legal advantages over even the largest interest groups when it comes to in uencing policy 3 The elected members of political parties have a direct in uence over government activity and interest groups only have indirect in uence they must either persuade elected officials to support their point of view of help elect a candidate who shares their goals Organizational Structures Two main models of interest groups 1 Centralized groups 9 most large and wellknown organizations these groups have a headquarters usually in Washington DC Examples NRA and the American Association of Retired Persons AARP Controls all of the group s resources and can deploy them efficiently but it can be difficult to find out what there members want Confederation 9 interest groups made up of several independent local organizations that provide much of their funding and hold most power Examples National Independent Automobile Dealers Association Can easily learn what their group members want because they maintain chapters in state and local levels They experience con ict between different local chapters Mass associations 9 interest groups that have a large number of duespaying individual members example Sierra Club Peak associations 9 interest groups whose members are businesses or other organizations rather than individuals example BIPAC Membership Benefits and Incentives Solidary benefits9 satisfaction derived from the experience of working with likeminded people even if the groups efforts do not achieve the desired impact Purposive benefits 9 satisfaction derived from the experience of working toward a desired policy goal even if the goal is not achieved Coercion 9 a method of eliminating nonparticipation or free riding by potential group members by requiring participation Selective incentives 9 benefits that can motivate participation because they are only offered to those who participate example AAA members can call AAA at any time for emergency car repair Resources SL3 Include people money and expertise People or membership crucial resource Money another very important resource because wellfunded interest groups have an advantage in the lobbying process Expertise some know a lot about their members preferences some have information they can use to negotiate and some can involve knowledge on political factors Two categories 1 Expert on the group s main policy areas Includes scientists engineers other skilled with advanced degrees 2 People with useful government connections and knowledge of procedures Primarily comprised of people who worked inside government Revolving door 9 the movement of individuals from government positions to jobs with interest groups or lobbying firms Business of Lobbying Interest group lobbying is highly regulated Corporations lobby because they have a stake in what government does they want the company to get a government contract and they want a new regulation for their business sector Individuals lobby to limit what citizens can do or relax restrictions on citizens behavior or to change corporate behavior 0 Trade associations 9 an interest group composed of companies in the same business or industry that lobbies for policies that benefit members Interest Group Strategies 0 Two lobbying tactics 1 Inside strategies 9 the tactics employed within Washington DC by interest groups seeking to achieve policy goals 2 Outside strategies 9 the tactics employed outside Washington DC by interest groups seeking to achieve policy goals Inside Strategies Require a group to establish an office in Washington DC or hire a lobbying firm to act on its behalf Direct lobbying 9 attempts by interest group staff to in uence policy by speaking with elected officials or bureaucrats Outside Strategies Actions that interest groups take across the country not just in Washington DC Grassroots lobbying 9 a lobbying strategy that relies on participation by group members such as protest or a letterwriting campaign 0 Astroturf lobbying 9 any lobbying method initiated by an interest group that is designed to look like the spontaneous independent participation of many individuals 501c3 organizations 9 a tax code classification that applies to most interest groups this designation makes donations to the group tax deductible but limits the groups political activities 0 Political action committee 9 interest group or division that can raise money to contribute to campaigns or to spend on ads in support of candidates the amounts it can spend receive are strictly limited 527 organization 9 a taxexempt group formed primarily to in uence elections through voter mobilization efforts ad to issue ads that do not directly endorse or oppose a candidate not subject to spending limitations How Much Power Do Interest Groups Have 0 Studies show that interest groups have very little in uence 0 There is no correlation between the amount of money spent on lobbying and a group s success at achieving its policy goals What Determines When Interest Groups Succeed More likely to succeed when their request attracts public attention The level of con ict can make it difficult for an interest group to get what it wants Lobbying is subject to two kinds of con ict 1 Disagreements between interest groups 2 Differences between what a particular interest group wants and preferences on the general public How Groups Succeed They are still in uential in developing legislative proposals and in mobilizing public opinion Successful when they seek modest policy changes GPOSC Study Guide Ch 9 Interest Groups 0 De ne interest groups and describe the characteristics of di ferent types of groups ANSWER Interest groups seek to in uence government policy by helping elect candidates who support their views and by lobbying elected officials and bureaucrats Interest groups are everywhere even though they are viewed with disdain and most have lobbyist working on their behalf 0 Key terms Interest group lobbying centralized groups confederations mass associations peak associations solidary benefits purposive benefits coercion selective incentives revolving door and trade association 1 In contrast to political parties interest groups a run candidates fro office and coordinate activities b coordinate the activities of elected officials c guarantee that certain candidates appear on electoral ballots d directly in uence government activity e indirectly in uence government activity 2 Why is the number of lobbyists increasing The federal government is growing in size and in uence Lobbying is not closely regulated Citizens are now more supportive of special interests Politicians can concurrently serve their terms and work as lobbyists Interest groups have more money to spend 3 In contrast to a confederation a centralized interest group Maintains a number of independent chapters Often has local chapters competing over resources Deploys the group s resources more efficiently Is able to find out what their members want Has no weaknesses groups is called a b interest group capture the revolving door an iron triangle escalator politics the spoils system 5 Purposive benefits come from The practice of moving from government positions to working for interest solidary benefits come from 6 a Working with likeminded people working to achieve a desired policy goal b Receiving material goods working with likeminded people c Receiving material goods working to achieve a desired policy goal d Working to achieve a desired policy goal receiving material goods e Working to achieve a desired policy goal working with likeminded people Explore the ways interest groups try to in uence government policies ANSWER Two tactics 1 Attempt to in uence politics by taking action in Washington 2 They can take action elsewhere The decision to pursue an inside or outside strategy comes down to the interest group s resources and which they think most effective Key terms Inside strategies outside strategies direct lobbying grassroots lobbying astroturf lobbying 501c3 organization PAC and 527 organization Asking government officials to change policy in line with the group s goals is a Revolving door lobbying b Astroturf lobbying c Direct lobbying d Indirect lobbying e Outside lobbying 7 Interest groups generally draft legislation they generally provide testimony before committees a Do do b Do not do c Do do not d Do not do not 8 Directly involving interest group members in lobbying efforts is called a Astroturf lobbying b Grassroots lobbying c Democratic lobbying d Lobbying through referendum e Inside lobbying 9 For indirect lobbying to be effective a Only a few pieces of mail are necessary b Mail is necessary from all over the country c All messages have to have exactly the same appeal d Letters have to come from constituents e Letters have to come from prominent officials 0 Evaluate interest group in uence No evidence to support claims that interest groups are defining agenda they actually hold very little in uence Groups are most in uential when the issues attract little public attention and when the issue doe not have organized opposition 10 Interest groups are more likely to succeed when their request attracts public attention and when it has con ict a little little b much little c little high d much high e much zero Answers GPOSC Chapter 10 Outline Congress Congress s Place in our Constitutional System First branch Enumerated powers regulating commerce coining money raising and supporting armies creating the courts establishing post offices and roads declaring war and levying taxes Bicameralism system of having two chambers within one legislative body like the House and the Senate Senate six year terms and 100 seats House two year term and 435 seats Pork barrel 9 legislative appropriations that benefit specific constituents created with the aim of helping local representatives win reelection Congress and the People Representation and the Constituency Two basic relationships between constituents and their members of Congress 1 Descriptive representation rooted in the politicians side of the relationship does the member of Congress looklike his or her constituents in demographic terms Helps create trust because they share the same descriptions and therefore beliefs 2 Substantive representation when a member of Congress represents constituents interests and policy concerns Two longstanding models of this representation 1 Trustee 9 a member of Congress who represents constituents interests while also taking into account national collective and moral concerns that sometimes cause the member to vote against the majority preference 2 Delegate 9 a member of Congress who loyally represents constituents direct interests 3 Politico a member of Congress who acts as a delegate on issues that constituents care about and as a trustee on morecomplex issues Legislators tend to re ect the central tendencies of their districts Casework assistance provided by members of Congress to their constituents in solving problems with the federal bureaucracy or addressing other specific concerns The Electoral Connection Reelection comes first Electoral connection idea that congressional behavior is centrally motivated by members desire for reelection Advertising credit claiming and position taking Redistricting Redistricting9 redrawing the geographical boundaries of legislative districts This happens every 10 years Gerrymandering9 attempting to use the process of redrawing district boundaries to benefit a political party protect incumbents or change the proportion of minority voters in a district Apportionment 9 process of assigning the 435 seats in the House to the states based on increases or decreases in the state population Congress s Image Problem Public approval of Congress in generally very low Due to political corruption and periodic scandals Politicians blame the media Gridlock9 an inability to enact legislation because of partisan con ict within Congress or between Congress and the president The Incumbency Advantage and its Sources Incumbency advantage 9 the relative infrequency with which members of Congress are defeated in their attempts for reelection Due to diversity of congressional district and states home style 9 way of relating to the district Also due to raising money Also due to working their districtsquot The Structure of Congress Congress is set up policy motivations of members the partisan basis for congressional institutions and the informational advantages of the committee system Informal Structure Universalism 9 a norm stating that when benefits are divided they should be awarded to as many districts and states as possible Reciprocity 9 if you scratch my back I ll scratch yoursquot Logrolling 9 members of Congress support bills that they otherwise might not vote for in exchange for other members votes on bill that are very important to them Earmarks9 federally funded local projects attached to bills passed through Congress Seniority 9 informal congressional norm of choosing the member who has served the longest on a particular committee to be the committee chair Formal Structure Speaker of the House9 the elected leader of the House of Representatives Top party leader in the House aided by the majority leader the majority whip and the caucus chair Majority leader 9 the elected head of the party holding the majority of seats in the House or Senate aids the speaker Whip system 9 overseen by the majority whip an organization of House leaders who work to disseminate information and promote party unity in voting on legislation Minority leader9 the elected head of the party holding the minority of seats in the House or Senate President pro tempore9 a largely symbolic position usually held by the most senior member of the majority party in the Senate Roll call vote 9 a recorded vote on legislation members may vote yes or no abstain or present Party votes9 a vote in which the majority of one party opposes the position of the majority of the other party Party unity 9 the extent to which members of Congress in the same party vote together on party votes Standing committee9 committees that are permanent part of the House or Senate structure holding more importance and authority than other committees Select committees9 created to address a specific issues for one or two terms loint committees9 contain members of both the House and the Senate but have limited authority Conference committees9 temporary and created to negotiate differences between the House and the Senate versions of a piece of legislation How a Bill Becomes a Law The Conventional Process 1 2 3 Member of Congress introduces the bill Subcommittee and committee craft the bill Floor action of the bill takes place in the first chamber House or Senate Committee and oor action takes place in the second chamber Conference committee works out any differences between the two versions if same version then steps 5 and 6 unnecessary The oor of each chamber passes the final conference committee version President either sign or vetoes If the bill is vetoed both chambers can attempt to override the veto with a two thirds vote in both chambers Markup 9 the final wording of the bill is determined Cloture 9 procedure in which the Senate can limit the amount of time spent debating a bill if 60 senators agree Filibuster9 tactic used by senators to block a bill by continuing to hold the oor and speak under the Senate rule of unlimited debate until bill s supporters back down Pocket veto 9 The automatic death of a bill passed by the House and Senate when the president fails to sign the bill in the last 10 days of a legislative session Deviations from the Conventional Process 1 In some Congresses up to 20 of MAJOR bills bypass the committee system Done by a discharge petition in which a majority of the members force a bill out of its assigned committee Or by a special rule in the House About onethird of major bills are adjusted postcommittee and before the legislation reaches the oor by supporters of the bill to increase the chances of passage Summit meetings between the president and congressional leaders may bypass or jumpstart the normal legislative process Omnibus legislation 9 massive bills that run hundreds of pages long and cover many different subject and programs Key Differences between House and Senate Processes Three central differences 1 2 The continuity of the membership and the impact that has on the rules Senate is a continuing body with twothirds of its members returning every session without facing reelection There has been greater stability in the rules of the Senate than the House They way in which bills get to the oor Oversight 3 The structure of the oor process including debate and amendments Much simpler and less structured in the Senate than in the House due to these size the House has 435 members and the Senate has 100 members Senate is a more individualistic body with unlimited debate and a very open amendment process The House is a more complex institution 0 Once a bill becomes a law Congress plays another crucial role by OVERSEEING the implementation of the law to make sure the bureaucracy interprets the law as Congress intended o Bas pro 1 ic motivation for oversight is to ensure that the laws are implemented perly done in several ways Power of the purse 9 if Congress thinks an agency is not properly implementing their programs they can cease funding Congress can hold hearings and investigations The Senate exercises specific control over other executive functions through its constitutional responsibilities to provide advice and consent on presidential appointment and approval of treaties GPOSC Study Guide Chapter 10 Congress 0 Describe how the Founders envisioned Congress s role ANSWER The Constitution gave Congress vast enumerated powers making it the first branchquot of government The twochambered structure represents a number of compromises among the Founders including differences in constituency size election mechanisms and length of terms Congress has long dominated daytoday politics 0 Key terms Bicameralism and pork barrel 1 What did the Seventeenth Amendment do a Repealed prohibition b Granted women s suffrage c Gave senators sixyear terms d Allowed for direct election of senators e Lowered the voting age to 18 2 Why do senators have longer terms than members of the House of Representatives a to reduce the number of candidates in each election b to make sure senators are tied to public sentiment c to provide opportunities for porkbarrel legislation d e to make elections easier to administer to make sure that senators are somewhat insulated from the people 0 Explain how members of Congress represent their constituents and how elections hold members accountable Even though there are low ratings for Congress most voters like their members of Congress Members work to respond to constituents and act in the nation s best interest Incumbents are reelected at high rates because they can relate to their constituents well generally succeed in raising money for their political campaigns and perform lots of constituency service 0 Key terms Descriptive representation substantive representation trustee delegate politico casework electoral connection redistricting apportionment gerrymandering gridlock and incumbency advantage 3 What is the most common representation style in Congress 9 d Trustee Politico Delegate Consulate Adviser 4 Members of Congress generally hold multiple goals Which goal comes first Getting reelected Passing good policy Serving their political party Blocking the opposing party Serving special interests 5 What is apportionment 6 On average incumbents spend Determining presidential primary winners Determining whether the state legislature or courts will redraw district lines Determining which states gainlose seats in the Senate Determining which states gainlose seats in the House Determining how many seats a party has in Congress times as much as challengers on campaigning a one and onehalf b three c five d ten e twenty 0 Examine how parties the committee system and sta ers enable Congress to function ASPECTS Many aspects of Congress meet the electoral needs of its members The norms of universalism and reciprocity still dominate meaning that members of Congress share resources more broadly than partisan politics would dictate 0 Key terms Logrolling earmarks seniority Speaker of the House majority leader whip system minority leader president pro tempore roll call vote party vote party unity standing committees select committees joint committees and conference committees 7 Under the norm of federal highway dollars are likely to be divided up so that many districts benefit a b Reciprocity Seniority Party unity Universalism Specialization 8 The Senate leadership is a b more powerful than as powerful as the House leadership C 9 Party leaders have the power to less powerful than force members of Congress to vote a particular way keep a member of Congress off the ballot in the next election force their members to share campaign money exclude a member from a roll call vote help their members get favorable committee assignments 10 Committee leadership division of seats on committees and allocation of committee resources are determined by a b majority party size of election margin unanimous consent seniority the president pro tempore 0 Trace the steps in the legislative process Most bills become law in a conventional manner but major legislation generally deviates considerably from this path The process is different between the House and Senate and this sometimes makes it difficult to reconcile bills differences 11 Compared to the Senate the oor process in the House is very 12 and a Unstructured majoritarian b Structured majoritarian c Unstructuredindividualistic d Structuredindividualistic e Individualisticmajoritarian Describe how Congress ensures that the bureaucracy implements policies correctly After passing bills into law Congress oversees the bureaucracy in its implementation of the law to make sure they interpreted as Congress did Congress controls this with its power of the purse and its power to establish hearings and investigations Waiting for a crisis to emerge before taking action is called a police patrol oversight b fire alarm oversight c emergency room oversight d reactionary oversight e bureaucratic oversight Answers D E GPOSC Outline Chapter 11 The Presidency Presidential Power Yesterday and Today 1 Presidents matter their actions have profound consequences for the nation in both domestic and foreign policy 2 Presidents get their power from a variety of sources from provisions of the Constitution to their management of and the actions taken by the executive branch of government 3 Presidential power has increased over time not because of changes in the Constitution but because of America s growth as a nation its emergence as a dominant actor in international politics expansion of federal government and acts of legislation that give the president new authority 4 Sharp limits to presidential power opposition from public Congress or foreign The Presidents Job Description Constitutional authority 9 powers derived from the provisions of the Constitution that outline the president s role in government Statutory authority 9 powers derived from laws enacted by congress that add to the powers given to the president in the Constitution Head of the Executive Branch Vesting Clause 9 states that executive Power shall be vested in a President of the United States of Americaquot making the president both the head of government and the head of state Head of government 9 one role of the president through which he or she has the authority over the executive branch Head of state 9 one role of the president through which he or she represents the country symbolically and politically The president is also in charge of implementing laws sometimes automatic More commonly the implementation of a law requires using judgment to translate legislative goals into programs budgets and regulation President has control of the executive branch and can issue orders to government agencies that make significant policy changes Congress can only veto if they organize write appropriate legislation get it through the House and Senate and override the presidential veto The president appoints ambassadors senior bureaucrats and members of the federal judiciary including Supreme Court Iustices Some high profile positions including cabinet secretaries require Senate confirmation Recess appointment9 selection by the president of a person to be an ambassador or the head of a department while the Senate is not in session thereby bypassing Senate approval Unless approved by subsequent Senate vote recess appointees serve only to the end of the congressional term It was expected that Congress would not be in session majority of the year in modern era Congress is almost continually in session Executive orders 9 proclamations made by the president that change government policy without congressional approval Over a 1000 executive orders between 1949 and 1999 were the subject of press coverage congressional hearings litigation scholarly articles or presidential public statements Limited by purely administration matters President has the power to call the troops to action without explicit congressional approval War Powers Resolution 9 forces presidents to gain congressional approval for largescale military actions Congress can curb the presidents warmaking progress by budget restrictions legislative prohibitions and even impeachment Treatymaking power is shared by the president and Congress presidents and staff negotiate treaties the treaties are sent to the Senate for approval with support of a twothirds majority Congress considers the treaties but cannot force the president to negotiate the treaties Two treatymaking strategies to avoid congressional vote 1 To announce that the United States will voluntarily abide by a treaty without ratifying it 2 Structure a deal as an executive agreement agreement between the executive branch and a foreign government which acts as a treaty but does not require Senate approval A ratified treaty remains in force even after the president who negotiated it leaves office but a subsequent president can simply undo the action President serves as the principle representative on the United States in foreign affairs the duties include communicating with foreign leaders nongovernmental organizations and even ordinary citizens to persuade them to act in certain ways State of the Union9 annual speech in which the president addresses Congress to report on the condition of the country and recommend policies Vetoes tend to happen under a divided government which means the president and the House and Senate are members of different parties This produces gridlock Additional presidential powers include the authority to pardon people convicted of a federal crime or commute their sentences Power of executive privilege the right of the president to keep executive branch conversations and correspondence confidential from the legislative and judicial branches Not formally set out if the Constitution Not clear what falls under privilege and what does no Dilemma because on one hand the members of Congress need to know what is happening in the executive branch on the other the hand the president and his staff need to be able to communicate freely The President as Politician Much of what presidents do requires support from legislators bureaucrats and ordinary citizens 0 Presidential approval rating 9 the percentage of Americans who think the president is doing a good job in office The President as a Party Leader The presidents connection to a party re ects their shared interests the president also needs support from members of his party in Congress to pass legislation The ability to go public presidents use of speeches to appeal directly to citizens about issues the president would like the House and Senate to act on Sometimes counteractive in that is increases con ict Presidential Succession President only serves two full terms while a vice president may serve one additional term if elected If president and vice president were to die the Speaker of the House of Representatives would become the new president The Executive Branch The Executive Office of the President EOP the executive office of the president 9 the group of policy related offices that serves as support staff to the president Main duty of the EOP is to help the president and candidates from the president s party achieve their policy goals and get reelected The emphasis on loyalty to the president has obvious drawbacks in the fact that they people appointed may not be fully educated about the jobs they are given The Vice President His job is to preside over Senate proceedings has the power to cast tiebreaking votes in the Senate Has gained increasingly more power and in uence in modern era The President s Cabinet Cabinet the group of 15 executive department heads who implement the president s agenda in their respective positions Their job is to be the president s frontline implementers of the certain agenda in their departments Are also chosen based on loyalty The American Public and the President People judge their approval of a president based on the current status of the world around them sometimes it is out of a presidents hands Assessing Presidential Power Unilateral Actions and Signing Statements Unilateral action9 any policy decision made and acted upon by the president and staff without the explicit approval or consent of Congress Signing Statement9 document issued by the president when signing a bill into law explaining his or her interpretation of the law which often differs from the interpretation of Congress in attempt to in uence how the law will be implemented Congressional Responses to Unilateral Action Members of Congress can write laws in ways that limit the president s power The problem with this is that members of Congress delegate authority to the president and executive branch for good reasons either because it is difficult for legislators to predict how a policy should be implemented or because they cannot agree among themselves on implantation GPOSC Study Guide Chapter 11 The Presidency 0 Trace the evaluation of presidential po wer over time Presidents get their powers from a variety of sources some from the Constitution and some in an informal way The president s constitutional powers have not changed but the president s power has increased over time 1 The government s response to the Great Depression was de ned by DP00quot presidential actions presidential inaction congressional action popular protest international pressure 2 Since the Great Depression presidential power has a b c increased decreased stayed the same 0 Describe the constitutional and statutory powers of the president today Formal powers come from a combination of constitutional provisions and laws that give the president additional responsibilities Primary duties are to oversee the executive branch and implement the laws passed by Congress Presidents have the authority to focus on domestic policy and foreign policy most focus only on one aspect 0 Key terms Constitutional authority presidential statutory authority presidential vesting clause head of government head of state recess appointment executive orders executive agreement State of the Union executive privilege presidential approval rating and go public 3 Presidents use recess appointments when they are trying to DP00quot ll a judicial vacancy outside the scheduled period ll a vacant seat in Congress temporarily dodge the need for Senate approval temporarily dodge the need fro House approval ll vacancies with a permanent replacement 4 A presidential proclamation that unilaterally changes government policy without congressional consent is called a b c d e S intended to constrain the power of DP00quot executive privilege fast track authority an executive agreement an executive order statutory authority ome scholars argue that the War Powers Resolution was the president Congress The Supreme court The Department of Defense The State Department For most presidents the problem with going to public is that the public is more focused on Congress the president s speeches are not very persuasive they energize their opponents they generally address unimportant issues they do not reach their target audience DP00quot Explain how the Executive Of ce of the President the vice president and the Cabinet help the president Presidential appointments to the branch serve as eyes and ears on the bureaucracy Most positions turn over with new administrations Key terms Executive Office of the President and cabinet In most presidential appointment to EOP positions presidents generally emphasize expenence expertise effectiveness public opinion oya y DP00quot Recent vice presidents have had official duties andbut been in uential in their role no have not limited have limited have not extensive have extensive have not DP00quot 0 Explain how Americans evaluate presidents 9 Presidential approval is generally based on 10 O DP00quot Presidential popularity is affected by factor that may not actually be in uenced by the president himself policy outcomes policy positions presidential actions presidential appointments an absence of scandals Presidents in their second term worry about public opinion thanas presidents in their rst term DP00quot much more somewhat more somewhat less farless to the same degree Analyze Wh y presidents have become much more powerful since the Founding The Constitution grants the president rather limited powers The growth in power is related to the reality that most of the limits are not well de ned and the presidents have been successful at taking advantage of these ambiguities 0 Key terms 11 Unilateral action presidential and signing statement Most presidents use an to control the interpretation and implementation of laws a line item veto recess appointment executive order signing statement pocket veto DPPPquot 12 Congressional challenges to presidential authority are used and are generally at constraining presidential power rarely successful rarely unsuccessful commonly successful commonly unsuccessful goom Answers TOJgtUOJgtJgt W 00gt GPOSC Outline Chapter 13 The Courts Opening The Supreme Court Justices have two roles in our political system 1 Assert their own policymaking authority 2 Defer to the decisions of others Congress the president or the people The Development of an Independent and Powerful Federal Judiciary The Founders Views of the Courts The Weakest Branch One Supreme Court created and given independence by providing federal judges with lifetime terms Central debate of whether to give the courts some revisionary powerquot over Congress similar to the president s veto Judiciary Act of 1789 9 Congress laid out the organization of the federal judiciary refined and clarified federal court jurisdiction and set the original number of justices at six Modern day nine Also created the Office of the Attorney General and established the lower federal courts District courts 9 Lower level trial courts of the federal judicial system that handle most US federal cases 13 total Also created circuit courts 9 intermediate level courts that hear appeals from district courts 3 total Appellate jurisdiction 9the authority of a court to hear appeals from lower courts and change or uphold the decision Iudicial Review and Marbury v Madison Judicial review 9 the decision of Marbury V Madison which is the Supreme Courts power to strike down a law or an executive branch action that it finds unconstitutional John Marshall Original jurisdiction 9 authority of a court to handle a cast first as in the Supreme Court s authority to initially hear disputes between two states however it is not exclusive it may assign such a case to a lower court Iudicial Review in Practice The Court has ruled on state laws in many areas including civil liberties desegregation and civil rights abortion privacy redistricting labor laws employment and discrimination and business and environmental regulations Constitutional interpretation 9 when the Supreme Court strikes down a congressional or state law the process of determining whether as piece of legislation or governmental action is supported by the Constitution Statutory interpretation 9 various methods and tests used by the courts for determining the meaning of a law and applying it to specific situations Congress may overturn the courts interpretation by writing a new law thus it also engages in statutory interpretation Judicial review is still mildly controversial because why give nine unelected justices power over elected representatives The American Legal and Judicial System Two considerations 1 Fundamentals of the legal system that apply to all courts in the US 2 The structure of the court system within our system of federalism Court Fundamentals Plaintiff 9 the person or party who brings a case to court Defendant 9 the person or party against whom a case is brought person being sued or charged Petitioner 9 if the case is appealed the person who brings the appeal Respondent 9 on the other side of the case Civil case 9 plaintiff sues to determine who is right or wrong and to gain something Criminal case 9 plaintiff is the government Verdict 9 outcome of a case Plea bargaining 9 agreement between plaintiff and defendant to settle a case before it goes to trial or the verdict is decided Civil case usually admission of guilt and agreement to monetary damages Criminal case usually admission of guilt in return for reduced charges Classaction lawsuit 9 case brought by a group of people on behalf of themselves and others in the general public who are in similar circumstances Common Law 9 law based on the precedent of previous court rulings rather than on legislation It is used in all federal courts and 49 of the 50 states Louisiana Precedent 9 a legal norm established in court cases that is then applied to future cases dealing with the same legal questions Standing 9 legitimate justification for bringing a civil case to court Jurisdiction 9 the sphere of a courts legal authority to hear and decide cases Structure of the Court and Federalism Structure of the court is similar to the rest of the political system it is divided within and across levels of government state courts and federal courts are separate District courts workhouses of the federal system they handle more than a quarter of a million filings a year Two limited jurisdiction district courts the Court of International Trade and US Court of Federal Claims Appeals courts 9 intermediate level of federal courts that hear appeals from district courts More generally an appeals court is any court with appellate jurisdiction Also called circuit courts Today the only appeals that go to the Supreme Court and bypass the appeals court are those concerning legislative reapportionment and redistricting voting rights and Civil Rights Act 1964 issues Supreme Court the court of last resortquot function to resolve con icts between the lower courts or between state law and federal law or between laws in different states Supreme court rulings apply to the entire country unlike the rulings of the district and appeals courts However the court doesn t always have the final say because Congress can rewrite the law How Iudges are Selected National level president makes appointments and State level various methods are used State level 130 trial courts 40 appeals courts and 50 supreme courts Iudges selected in five different ways 1 Appointment by governor 2 Appointment by state legislature 3 Partisan elections 4 Non partisan elections 5 Missouri Plan 9 in which the governor makes appointments from a list compiled by a nonpartisan screening committee Federal level president appoints with advice and consentquot of Senate Senatorial courtesy 9 a norm in the nomination of district court judges in which the president consults with his party s senators from the relevant state in choosing the nominee Access to the Supreme Court The Court s Workload The court issue half as many opinions as it used to and there is no apparent reason Rules of Access Smaller number of cases being heard means consideration is even harder four paths that a case might take in order to go before the Supreme Court 1 Original jurisdiction in cases involving foreign ambassadors or countries or cases in which a state is a party 2 Other three routes are all on appeal as a matter of right through certification 9 when an appeals court asks the Court to clarify a new point of federal law rare or through writ of certiorari 9 most common way for a case to reach the Supreme Court in which at least four of the nine justices agree to hear a case that has reached them via an appeal from the loosing party in a lower court s case The Court s Criteria Cannot hear cases and controversiesquot only can hear actual controversyquot which includes concepts of collusion standing and mootness Collusion means that the litigants in the case cannot want the same outcome and cannot be testing the law without an actual dispute occurring Standing 9 the most general criterion it means that the party bringing the case must have a personal stake in the outcome Mootness9 the irrelevance of a case by the time it is received by a federal court causing the Court to decline to hear Simple guideline substantial federal questionquot simply the justices decide if the case is important enough Cert pool 9 a system initiated in 1970 s in which law clerks screen cases that come to the Supreme Court and recommend to the justices which should be heard Solicitor general gt a presidential appointee in the Justice Department who conducts all litigation on behalf of the federal government before the Supreme Court and supervises litigation in the federal appellate courts Hearing Cases Before the Supreme Court Court is in session starting with the first Monday in October through the end of June Hears cases from Monday to Wednesday from 10 to 3 Briefs Amicus curiae 9 friend of the courtquot referring to an interested group or person who shares relevant information about a case to help the Court Oral Argument Oral argument 9 spoken presentations made in person by the lawyers of each party to a judge or an appellate court outlining the legal reasons their sides should prevail Supreme Court Decision Making Legal Factors Strict construction 9 a way of interpreting the Constitution based on its language alone Living Constitution 9 a way of interpreting the Constitution that takes into account evolving national attitudes and circumstances Political Factors Judicial restraint9 the idea that the Court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws Judicial activism 9 the idea that the Court should assert it interpretation of the law even if it overrules the elected executive and legislative branches of government GPOSC Study Guide Chapter 13 Courts 0 Explain how the power of judicial review was established The Constitution offers few specifics on the organization of the judiciary most actually come from congressional action The Supreme Court s strongest power the judicial review is not even mentioned in the Constitution but was established in the Marbury v Madison decision 0 Key terms judiciary Act of 1789 district courts appellate jurisdiction judicial review original jurisdiction constitutional interpretation and statutory interpretation 1 Most of the details about the Supreme Court were established in a The judiciary Act of 1789 b Article I of the Constitution c Article II of the Constitution d The Federalist Papers e Marbury v Madison 2 Marbury v Madison is significant because it a established the Supreme Court b introduced the process of selective incorporation c changed the manner of judicial selection d established judicial review e gave Supreme Court justices lifetime appointments 3 judicial review enables the Supreme Court to a submit legislation to Congress b strike down laws passed by Congress c revise laws passed by Congress d oversee presidential appointments to the bureaucracy e approve judicial appointments to lower courts 0 Outline the structure of the court system Fundamental attributes include the distinction between civil and criminal cases and reliance on legal precedent The judicial system is divided between state and federal courts and within each level of government there are courts of original jurisdiction and appeals courts 0 Key terms Plaintiff defendant plea bargain classaction lawsuit common law precedent standing jurisdiction appeals courts and senatorial courtesy 4 A system of relies on legal decisions that are built from precedent established in previous cases a common law b civil law 9 statutory law d stare decisis S39D plea bargaining 5 When one has suffered direct and personal harm from the action addresses in a case it is called a precedent b appellant c plea bargaining d jurisdiction e standing 6 The president appoints federal judges with the advice and consentquot of the a House of Representatives b Senate c Supreme Court d Attorney General e Vice president 0 Describe how cases reach the Supreme Court The Supreme Court hears only about 1 of the cases that are brought to it The Court uses three factors to decide which cases get picked including collusion standing and mootness The justices have a great deal of discretion in deciding to hear a case but they can only hear that cases that come to them 0 Key terms Writ of certiorari mootness cert pool and solicitor general 7 When a litigant who lost in a lower court files a petition the case reaches the Supreme Court a b as a matter of right through a writ of certification through a writ of certiorari as a matter of original jurisdiction through senatorial courtesy means that the controversy is not relevant when the Court hears the case Mootness Amicus Collusion Standing Precedent 9 Most justices 10 in initially deciding which cases should be heard personally review all cases personally review a random sample of cases follow the recommendations of the chief justice use a random selection process use a cert pool Describe the Supreme Court s procedures for hearing a case When hearing a case the justices prepare by reading briefs before they hear the oral arguments After the oral arguments the justices meet to discuss and vote on the case Majority opinion explains the rationale for coming to a decision However justices can write dissenting and concurring opinions if they agree with the outcome but not the legal reasoning Key terms Oral arguments generally last Amicus curiae and oral arguments and justices wait until the end of the arguments to ask questions a b one hour do one hour do not one day will one week do e 11 Generally the chief justice or the majority opinion justices individual areas of expertise one week do not justice decides who writes the a factor in making this assignment a b most junior are not most junior are most senior are not most senior are dissenting are not 0 Analyze the factors that in uence Supreme Court decisions The Court makes decisions based on legal factors such as legal precedents and informal legal norms and political factors such as the justices own ideologies and position on the role that the Court plays in government Even though the Courts do not consult public opinion they generally stay in step with the views of the public 0 Key terms 12 Advocates of Strict construction living Constitution judicial restraint and judicial activism argue that the Court must defer to the elected branches and not strike down their laws a judicial restraint b judicial activism C judicial limitation d legal maximization e the strategic model 13 In general the Court challenges with the elected branched and often to act on political questionsquot a avoids agrees b avoids refuses c pursues agrees d pursues refuses Answers A
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