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POLS 112 NOTES DAYS 10, 11, & 12!!

by: Shelby Kolb

POLS 112 NOTES DAYS 10, 11, & 12!! 112

Shelby Kolb
Cal Poly
GPA 3.6

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About this Document

Days 10, 11, and 12 detailed Pols notes including what Professor Logan discussed about Federalist #78.
Political Science 112
Kathryn Logan
Class Notes
pols, pols112, politicalscience, history, week7, day10, day11, day12, calpolyslo, Calpoly, Logan, kathrynlogan
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This 3 page Class Notes was uploaded by Shelby Kolb on Wednesday May 11, 2016. The Class Notes belongs to 112 at California Polytechnic State University San Luis Obispo taught by Kathryn Logan in Spring 2016. Since its upload, it has received 12 views.


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Date Created: 05/11/16
POLS NOTES DAY 10 ; POWER OF FISCAL POLICY  “Power of the purse”= power to raise, spend, and borrow $  Raise $ = revenues o Progressive tax – income ^ , taxes ^ (federal income tax) o Regressive tax- income ^, taxes v (social security tax) o Flat tax – mount is same for everyone (medicare tax) o Import tariffs- beneficial for consumers, affect price of goods  Largest portion of revenues from individual income taxes (47%)  Borrowing $ o Revenue > expenditure  surplus (revenues are more than expenditures) o Revenue < expenditures  budget deficit (spending more than making) o  National debt= accumulation of debt over all the years the government has existed.  When does the federal government borrow money?? o Annual Federal Budget (surplus v. deficit)  if budget deficit, borrow $$  VIDEO : Ten Trillion & Counting o Regan advocates for less government spending and raises taxes. o Bush SR. and Bush JR. want tax cuts. o Medicaid D= prescription for seniors POLS NOTES DAY 11/12 ; The Judiciary- Elites in Black Robes  9 US Supreme Court justices. Societal Functions of the Courts o Resolve conflict without violence. – prevents vigilantes(people that take the law into their own hands).  Creates a litigious society.  can lead to a mockery of justice or delayed justice. o Determine legal justice.  Justice= fairness. 2 types :  Legal justice: objective, factual, technical, insensitive to basic human emotions/moral principles. (criminal cases). Objective.  Moral justice: looks at morals , can prevail in civil cases. Subjective. o Give punishment or reward via legal means.  Structure of the Courts; Private vs. Public Sector Justice o State Courts= trial courts  courts of appeal  supreme court o Federal Courts= Independent regulatory agencies, 94 district courts, specialized courts US claims court, etc.  legislative courts, court of military appeals, etc. 12 courts of appeal, court of appeals for the federal circuit.  SUPREME COURT. o Private Sector Justice= alternate dispute resolution  Mediation: non binding. Try to resolve conflict.  Arbitration : third neutral party (arbitrator) makes decision for you. More moral justice. LEGALLY BINDING.  Parties of the Court o Plaintiff= initiates legal action. o Defendant= accused of wrong-doing. o Lawyers= bring lawsuit to court; help client. o Judges= can be replaced. o Jury  Political Functions of the Courts o Protect the political minority from the political majority o Judicial review (Marbury v. Madison). A political function. o  Judicial Requirements of Court System o Substantial controversy= standing to sue o Authority to hear case= jurisdiction  General jurisdiction: a broad array of cases  Limited jurisdiction: can only hear certain types of cases.  Original jurisdiction: trial courts  Appellate jurisdiction  Federal jurisdiction: must entail federal question or diversity of citizenship.  US Supreme Court has : federal & appellate jurisdiction. Original jurisdiction in certain cases.  Judicial Philosophy = beliefs of judge regarding role in society and role of court is preserving checks and balances. o How should/to what degree should judicial review be applied?? o Judicial activism= when a judge is willing to rule on the constitutionality of law because of certain beliefs  Constitution is a living document. (Broad interpretation)  Courts must protect minority + individual rights.  Not adhering to stare decisis o Judicial Restraint= reluctant to rule on the constitutionality of law and overturn it unless the law clearly violates language of the Constitution.  Job of judges is to apply constitution, not rewrite it.  Doctrine of original intent. Defer to other branches to fix bad laws.  Stare decisis  Fedarlist No. 78 ; by Alexander Hamilton o Judges= lifetime tenor, independence, function of Court to uphold laws, Courts need to be bound by strict rules and precedent. o Federal judges should be APPOINTED rather than elected because : threat to minority, courts would become politicized, secure qualifications for position, o Limited government ; ensure that courts are separate and independent from other branches. o Judiciary- weakest branch of government : least legislative power (interpret, not make laws). o No influence over : Power of the sword (power to make war) or power of the purse. o Judiciary should be able to defend itself from other branches… through judicial review. 


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