Final notes week 3
Final notes week 3 PSCI 1040
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This 5 page Class Notes was uploaded by UNT_Scientist on Saturday April 30, 2016. The Class Notes belongs to PSCI 1040 at University of North Texas taught by Gloria Cox in Winter 2016. Since its upload, it has received 24 views. For similar materials see Goverment in Political Science at University of North Texas.
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Date Created: 04/30/16
Franklin Roosevelt; architect of the modern presidency The Great Depression demanded government action World war 2 required building up government in many ways FDR himself served 2 years and was a charming man who brought the presidency into people's homes with his fireside chats o The radio was then the means of communication o Conducting foreign relations Important Supreme Court case in 1936 president has broad powers to conduct foreign affairs. In fact, the president is the “sole organ of foreign policy o Making war The Constitution gives congress the power to declare war. Most wars are not declared, though. The president's power as Commander in Chief creates a conflict that presidents have usually won Example o Vietnam. Permission was based on Congressional resolution in 1964. The Vietnam war cost the United States more than 58,000 American lives and more than $165 billions 2 vote no in the house and 1 no vote in the senate o Iraq, Afghanistan Estimate in 2002 was that these wars would cost US taxpayers about $200 billion and a guy who came up with this figure was fired by the Bush administration “A truer measure of the wars’ total cost pegs them between $4 trillion and $6 trillion. This fuller accounting includes “long-term decal care, disability compensation for service members, veterans and families, military replenishment and social and economic cost” Harvard economist Linda bilmes calculated in 2013” o Public changing view of the presidency He is our only nationally elected leader We want him to be a powerful figure, especially on the world stage US power makes the US president powerful Presidents possess skills and personality-expertise in dealing with issues and the public o 7.4 The presidential establishment The people that surround the president The Vice President The cabinet The First Lady The executive office if the president White House staff Texas governorship o The governor ship is typically held by white males although we have had two women governors Governor Richards and governor Ferguson o Governors serve for four years since 1974 and can be elected to multiple terms o Governors receive a salary, a residence, a travel and operating budget, a limo use of state-owned aircraft, and offices, and professional staff o powers of the Governor Signing or vetoing legislation commander in chief of states military forces Can convene special legislative session and sets agendas Reporting annually on state of the state Recommending a budget Grant reprieves and commutations and pardons, if recommended by the board of pardons and paroles Appointing many public officials including regents at all public universities in Texas Judiciary Chp 9 o Start off the class with the question: What does your family value? o Important vocabulary Ethics Our personal values Mores Are the informal standards of a community Laws The formal statements of the community standards. They often lag behind changes in ethics and mores o 9.0 The scope of judicial powers Courts deal only with real cases or controversies, not hypotheticals A person must have standing to bring a case There must be a question that judges can answer The judges period cannot answer questions about politics, medical, or religious o different types of law Common v statutory Common law o Unwritten law o Comes down from Great Britain Statutory law o Written law that has been enacted by congress and state legislators Civil v criminal Civil o How we relate to one another (civilian to civilian) Criminal o The law between you and the government Codes Tax code Military code Administrative law code 9.1 Roots of the federal judiciary: article 3 o Section 1 The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office Never establishes how many people can and cannot be on the court “Good behavior” for life. They are hardly any scandal dealing with the Supreme Court justices No Supreme Court justice has ever been impeached o Section 2 The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;-- between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. o Section 3 Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. o Federal cases Cases arising under federal law or from the constitution Cases in which a federal official or agency is a party Cases between states or between citizens or different states Cases from state courts that the Supreme Court agrees to hear o Concept of jurisdiction Jurisdiction Means the right of the court to hear a case Original jurisdiction Refers to the first court to hear case Appellate jurisdiction refers to a court hearing a case on appeal Some courts having both original and appellate jurisdiction. The Supreme Court of the United States has both 9.2 the federal court system o As authorized by article 3 congress enacted the Judiciary Act of 1789 to create the structure of the federal courts o There are three levels of federal courts District courts There are 94 district rout o At least 1 in each state o Texas California and New York have 4 Theses are main trial courts of the federal system District court judges rely on precedent to make their rulings Theses are trial courts that hold original jurisdiction Federal Court of appeal Us courts of appeal are the intermediate level They have appellate jurisdiction for the federal district courts so they review cases from District courts They have only appellate jurisdiction there are 11 circuits each with a court of appeal Another is for the District of Columbia Finally there is one for patents and trade issues making a total of thirteen The US Supreme Court (9.4) Roberts o Supreme Court Chief Justice Ginsburg o Female first o Performing in a Shakespearean play this summer Breyer Thomas o Most conservative Alto o Most conservative Kennedy Sotomayor o Female Kagan o Female 9 justices The number of justices is established by legislation We have had only 17 chief justices in our history Most important concept is precedent (stare decisis) Precedent is established by the Supreme Court and all other courts are bound by it The use of precedent gives stability consistency and predictability to the federal courts The Supreme Court decides which cases it will hear They have a rule of four which means four justices must agree to hear a case When they vote to hear a case they approve a writ of certiorari which tells the lower court to send up the records of the case Overall the purpose : to resolve substantial legal issues, including o Inconsistency among lower courts This is what happened with same sex marriage o Lower courts departing from accepted rulings and standards o Settling key question of federal law o Reviewing lower court rulings that conflict with precedent
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