AMERICAN GOVERNMENT POLS 1101
Popular in American Government
Popular in Political Science
verified elite notetaker
This 126 page Class Notes was uploaded by Estelle Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 1101 at University of Georgia taught by Haynes in Summer 2015. Since its upload, it has received 37 views. For similar materials see American Government in Political Science at University of Georgia.
Reviews for AMERICAN GOVERNMENT
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/12/15
Study Guide for Chapter 14 The Judiciary Answers will come from lecture and your textbook Gatesways Geer et al 1What is the English legal tradition the adversary process for the resolution of legal disputes Confrontational legal process in which each party presents its version of events for producing the fairest possible decisionquot What is a trial byjurymethod of placing the determination of issues of fact in a trial into the hands of fellow citizens What is a question of fact versus a question of lavW questions of fact a question of whether a particular thing is actually happening question of law does it violate the constitutionamendmentslawsetc What is an appeal legal proceeding whereby the decision of a lower court can be chllengedreviewed by a higher court What is the difference between a criminal case and a civil suit criminal govt prosecutions for a person breaking the law civil suit lawsuits by a person organization or govt against another person organization or govt What is criminal law based upon prohibitions on behavior written into laws passed by fed state or local legislature What if there is something not covered underthe criminal code they must rely on precedents if nothing is written period then there is no case What is common lavW judgemade law englandUS that results from gaps in statutory law What are precedents practicing of reaching decisions based on the previous decisions of other judges Which article of the Constitution establishes the judicial branch Article III What is the authority of the federal court can create lower courts at its discretion What is quotstandingquot requirement that a party bringing a lawsuit has suffered a harm that the law arguably protects The Constitution only created the Supreme Court and set out a few rules and requirements for the federal courts so where did the rest of the system come from the First CongressJudiciary Act of 1789 established 13 district courts and 3 circuit courts What did the Judiciary Act of 1789 do specifically How are the federal courts organized From top to bottom Supreme CourtCourt of AppealsDistrictTrial Courts What is jurisdiction in the context of the federal courts lawful authority of a court to hear a case in fed court original and appellate What is the difference between original jurisdiction and appellate jurisdiction original hearing a case directly from a petitioning party as in a trial appellate hearing a case from a lower court Who nominates federal justices president Can they be removed for partisan reasons NO How long do they serve life unless impeached The Constitution grants the federal courts the authority to hear cases of law and equity These cases can involve what areas There are three primary ones 1Common Law 2Statutory Interpretation 3constitutional interpretation What is the greatest power of the federal judiciary Judicial Review Is it found explicitly written out plainly in the Constitution No What does this power allowthe courts to do Review acts as Constitutional or Unconstitutional What very important case produced this power Marbury v Madison Why do we not find judicial review in Great Britain39s legal system pg 499 1parliament is supreme anyway 2 GB does not have a written constitution sooo what would they declare as unconstitutional How did the power of the national government expand under the first Supreme Court with John Marshall as Chief Justice affirmed power of judicial review and set a broad interpretation oto the scope of natl power in the cases McCulloch v Maryland Gibbons v Ogden Cohens v Virginia Make sure to detail the two ways that McCulloch v Maryland expanded national power 1 granted natl govt the right to create a bank necessary amp proper clause 2 limiting state power by denying states authority to tax activities of natl govt Why was the supremacy clause important Federal Law gt State Law During the next historical phase of the federal courts there was a movement to limit national power 1830s1930s What cases and actions demonstrated that the Supreme Court began to limit national power in the areas of slavery civil rights and regulation of the economy Dred Scott v Sandford1857 was the turning point recognized as an infringement of 14th amendment Laissez Fairebrief saying Govt get out of the economy Sugar Trust Case 1895 state regulation necessary to squash monopolies PG 502 Athird historical phase returned to strengthening national power 1930s to present What changes led to the expansion of national power 1929Grat Depression People rely on the Natl Govt Where did we see increased protections for citizens FDR amp Congress pressured the Judiciary into setting up Social programs like TVA so there would be jobs for more people What was the role of the Warren Court Liberal Supreme Ct that made turning point decisions on equal protection criminal procedure and the right to privacy What is incorporation doctrine process by which Supreme Court made some provisions of the Bill of Rights binding on the states How are federal judges appointed president Senate confirmsreflect the political ideologies of the president District Court make sure you mention senatorial courtesy Courts of Appeals Supreme Court Why is the Senate so important in this process pgs 505507 What do the federal district courts do conduct civil and criminal trials How many are there and why are they important Many of the cases heard in federal district court involve civil procedure What is civil procedure focuses on civil cases What are the steps in the process discovery depositions etc DiscoveryDepositionAmicus Curiae Brief What is an amicus curiae brief friend of the court briefs filed by outside parties interested in the outcome of a case Why are they important they can be very influential Who is the Solicitor General official in the Justice Department What does she do represents the president in federal court What is criminal procedure focuses on criminal cases What types of criminal law are involved in the federal courts drug weapon interstate commerce of fed govt immigrants What is a grand jury special jury charged with determining whether people should be put on trial A plea bargain agreement by a criminal defendant to plead guilty in return for a reduced sentence A bench trial judge decides guilt or innocence 1 What is public opinion a Aggregate of individual attitudes or beliefs about certain issues or of cials How can it be measured Polls most reliable at Other sources Supreme Court looks at laws passed by state legislatures to gauge public opinion on what constituted cruel and unusual punishment attendance at rallies and protests tone of letters sent to elected of cials or newspapers amount of money given to particular causes or candidates content of newspaper editorials and information gleaned from day to day conversations with average Americans What is a straw poll Ballot polls by 193911 century newspapers to predict the outcome of elections very inaccurate What is a random sample Method of selection that gives everyone who might be selected to participate in a poll an equal chance to be included What is scienti c polling and why is it important Method of polling that provides a fairly precise reading of public opinion by using random sampling a Made it possible to assess the public opinions with some degree of ease and accuracy Permits greater equality in assessing public opinion b c these polls had the ability to tap the opinions of all Americans c Scienti c polls democratized the measurement of public opinion What is the difference between a sample and a population Population group the poll is to represent a Sample subset of a population from which information is collected and analyzed to learn more about the population as a whole i Normally ab 1000 people Why do you want a representative sample term means that everyone in that population has an equal chance of being asked to participate in the poll a if a random thousand people are asked to be part of the survey they should be representative of the population generally in wealth ethnicity or educational attainment b key to a representative sample is the randomness each ball in lottery has equal chance of being chosen What is a tracking poll and what can it tell you Seek to gauge the change of opinion in the same sample size over a period of time Common during the closing months of presidential elections What is an exit poll and how is it most often used Survey a sample of voters immediately after exiting the voting booth to predict outcome of the election before the ballots are of cially counted Goal learn reasoning about why vote was cast more importantly to predict outcome of election before ballots are formally counted What is a push poll and how are they used ST Conducted by interest groups or candidates who try to affect the opinions of respondents by priming them with biased information a McCain claimed Bush ran a push poll against him interviewers called ppl in SC and asked if they knew that McCain was a cheat and a liar b These polls seek to shift public opinion not measure it What is sampling error and how can you best avoid it Measure of the accuracy of a public opinion poll reported as a percentage 21 To capture this uncertainty all poll numbers come with a confidence interval statistical range with a given probability that takes random error into account b Read page 185 many times Why is the question wording of a survey important What the public thinks about abortion depends a great deal on the way the question is asked Were respondents asked to focus on the rights of women or the rights of the unborn i Applied to other controversial issues like attitudes toward sexuality or race ii Respondents sometimes try to give the answer they think the questioner wants to hear What are nonattitudes Sources of error in public opinion polls in which individuals feel obliged to give an opinion on something when in reality they are unaware of the issue or have no opinion on it a Do not want to seem uninformed b Responses create error in the survey What is a response rate Proportion of the public who respond to inquiries from pollsters to do surveys What is polling fatigue Increasing numbers of Americans can screen their calls 15 What factors drive public opinion Explain each Include those discussed in lecture as well as those discussed in your text book P187 a Social and Political Environment i Socialization 7 impact and in uence of one s social environment on the views and attitudes one carries in life a primary source of political attitudes Generational Effects Major events can change an entire generation s thinking about politics 1 Great depression a People changed allegiance from republicans in power who were blamed democrat became majority party for first time in generations ST terrorist attacks i def personal opinions related to the era in which one lives ii can be life altering events or the era in which one is young and first active as a citizen iii millennial generation is distinctive More trusting of gov t and less religious than prev 0 Self Interest and Rationality Self interest concern for ones own advantage and well being As income rises chances of someone being republican increases b c they pursue taX policies that protect individual wealth i Rationality acting in a way that is consistent with one s self intersest Homeowners become more focused on issues tied to property taxes than individuals who rent Parents get interested in education policy Nearing retirement age citizens become protective of social securitymedicare d Elites Def group of people who may lead public opinion such as journalists politicians and policy makers i Read page 190 16 Why are elites important in terms of shaping public opinion Elites can in uence citizens if two conditions are met Must be exposed to message i Must be open to it 21 Elite theog Idea that public opinion is shaped by discourse among elites and is a topto bottom process 17 What is party identification and how can it in uence public opinion Attachment or allegiance to a political party partisanship a Perceptual lens shapes way partisans view the political world and process information Result a republican would be slower to turn against the Iraq War initiated by a Republican president than a Democrat Conversely a Republican will be less sympathetic to Obama s reform of health care than would a Democrat b Knowing party identification can help political scientists predict with considerable accuracy the attitudes on a range of issues Republicans less likely to support gov t spending to help poorelderly They re not opposed to helping ppl but want to do so thru private charities and individual initiative i Republicans are less supportive of an activist fed Gov t while democrats are more open to giving gov t an active role in the lives of citizens 18 What is political ideology a Set of consistent political beliefs What the primary ideologies in America Liberals and conservatives p 193 probably should know who thinks what What are levels of conceptualization Measure of how ideologically coherent individuals are in their political evaluations How many people are ideological thinkers Study Guide Chapter 1 What is politics The process through which individuals and groups reach an agreement on a course of ommon or collective actioneven as they disagree on the intended goals of that action8 2 Why are bargaining and compromise important to politics a Needed invariably to make political decisions b Bargaining could show that two parties agree c 3 a 1 a c Compromise is mostly used to reach a final agreement both sides give some What are preferences lndividuals choices reflecting economic situation religious values ethnic identity or other value interests 4 What are institutions a In a democracy an organization that manages potential conflicts between political rivals helps them to find mutually acceptable solutions and makes and enforces the society s collective agreements Among the prominent federal political institutions in the United States are Congress the Presidency and the Supreme Court 5 at is a constitution a A document outlining the formal rules and institutions of government and the limits placed on its powers b US had a highly formal legal document but some such as Britain have less formal or even unwritten constitutions 6 What is a government Why are they important a The institutions and procedures through which people are ruled b May assume various forms such as 39 quot 39 quot or a dictatorship 7 What is authority How is it different from power a Authority the right to make and implement a decision b Power an officeholder s actual influence with other officeholders and as a O onsequence over the government s actions Power includes the skill required to use authority with other officeholders Why have institutional reform and how does it generally occur To make institutions perform more efficiently Enable institutions to accomplish new collective goals What is a collective action problem The efforts of a group to reach and implement agreements Comparing preferences and finding some course of action that sufficient numbers of participants agree is preferable to proposed alternatives or doing nothing 10 Why are collective action problems difficult to overcome Think of a specific example a Comparing preferences b Assuring people that the proposed plan is betterthan doing nothing 5795959009 c Implementing and enforcing the collective choice 11 What is coordination a Members of the group must decide individually what they want what they are prepared to contribute to the collective enterprise and how to coordinate their efforts with those of others 12 What is the prisoner s dilemma a When individuals decide that even though they support some collective undertaking they are personally better off pursuing an activity that rewards them individually despite undermining the collective effort 13 What is freeriding a A situation in which individuals can receive the benefits from a collective activity whether or not they helped to pay for it leaving them with no incentive to contribute b Arises when citizens believe that their small contribution doesn t really affect anything 14 What is the Tragedy of the Commons How are these problems PD FR and TotC related and why would we study them in American Government a A situation in which group members over exploit a common resource causing its destruction b All three are ways to get around a collective agreement They all consist of using the high population involved 15 What are the costs of collective action The visible ones What about the notsovisible ones a Obvious Each person s monetary contribution to an enterprise b Not so obvious Costs to enforce an agreement 16 Define transaction and conformity costs and explain how they are related a Transaction Costs The costs of doing political business reflected in the time and effort required to compare preferences and negotiate compromises in making collective decisions i Ex costs to get a band to come to a pa b Conformity Costs The difference between what a person ideally would prefer and what the group with which that person makes collective decisions actually does Individuals pay conformity costs whenever collective decisions produce policy outcomes that do not best serve their interests i Not necessarily a monetary cost 17 Why are majority rule and delegation important concepts These 2 things are an attempt to manipulate and lessen the transaction and conformity costs during collective action a Majority Rule the principle that decisions should reflect the preferences of more than half of those voting Decision making by majority rule is one of the fundamental procedures of democracy Delegation The act of one person or body authorizing another person or body to perform an action on its behalf c The two actions provide support for democracy Majority Rule ensures that one individual or dictator will not be able to make all political decisions on his own Delegation entails a way to maneuver certain collective action problems such as the Prisoner s dilemma 18 What is separation of powers a The distribution of government powers among several political institutions In the United States at the national level power is divided between three branches Congress President and the Supreme Court 19 What is the principleagent relationship Why is it important a Principals possess decision making authority may delegate their power to agents who then exercise this power on behalf of the principals 20 What is agency loss a The discrepancy between what a principal would ideally like its agents to do and what they actually do b May arise by incompetence or the principal s failure to communicate goals clearly 21 What is a representative government What is direct democracy a Representative Government A political system in which citizens select government officials who acting as their agents deliberate and commit the citizenry to a course of collective action b Direct Democracy A system of government in which citizens make policy decisions by voting on legislation themselves rather than by delegating that authority to their representatives 22 What is a republic a A form of democracy in which power is vested in elected representatives 23 How do a parliamentary system government and a presidential system government compare a Parliamentary System the chief executive is chosen by the majority party or by a coalition of parties in the legislature b Presidential System the chief executive is chosen by the citizens votes through the electoral college 24 What is a coalition a An alliance of unlike minded individuals or groups to achieve some common purpose such as lobbying legislating or campaigning for the election of public officials 25 Why do politicians act strategically a When they subordinate their sincere preferences for what is best for the constituents in order to achieve results that stand for a better chance of success 26 What are private versus public goods Why would you use the term collective good instead of public good a Private goods benefits and services over which the owner has full control of their use b Public goods goods that are collectively produced and freely available for anyone s consumption c Collective good is less restrictive term than public good 27 What are externalities a Public bads generated as a byproduct of private activi ty I Ex Air pollution is an externality because it s a public bad produced by a private activity driving a car 28 How does the institutional design of our federal government mitigate popular passionsquot a Escalating transaction costs so the new government could solve the nation s problems but not usurp power The transaction costs are very high in our country and it is very hard to get something changed This ensures that a dictator can t just change the gov tit must be the collective effort of all the citizens Study Guide Chapter 2 1 Why were the colonies located in the New World wellsituated to break with the monarchy a Distance limited Britain s ability to govern the colonies 2 What is home rule What was the nature of colonial home rule What exactly did it cover a Home Rule power given by a state to a locality to enact legislation and manage its own affairs locally Home Rule also applies to Britain s administration of the American Colonies b Colonial Home Rule colonists had been practicing home rule for more than a century before independence People elected their own leaders and held them accountable for local policies and taxes c Taught Americans that a popularly elected legislature could dominate other governmental institutions d Colonies handled their domestic affairs and Britain controlled their foreign affairs 3 What events led to the dismantling of colonial home rule a French and Indian War Seven Years War drained Britain s treasury and military resources b Britain therefore had to raise taxes on colonies violating home rule 4 What was the colonial response to the dismantling of home rule a Americans took the tax increase personally b Created phrase No Taxation without Representationquot c Boston Tea Party 5 What was the Stamp Act a Imposed a tax on all printed materials including legal documents licenses insurance papers and land titles along with consumer goods like newspapers and playing cards 6 What was Franklin s Plan of the Union a Called for an American Army to provide for the colonies defense a popularly elected national legislature with the power to levy taxes and an executive appointed by the British king What were the Continental Congresses and what did each do 1st and 2nd a Each colony sent its leading professionals merchants and planners such as George Washington John Adams and Thomas Jefferson First Continental Congress 1774 adopted the Declaration of American Rights reassuring Home Rule and the endorsement of an agreement to ban all trade with Britain until it took away despised taxes and regulations It also created local elective committees in every county and town c Second Continental Congress 1775 i Acted like a national government ii Instructed conventions to reform themselves as state governments based on republican 57 principles iii Most states adopted bicameral legislatures and created a governorship iv Established a national currency 8 What is the Declaration of Independence and why was it important Who wrote it a The document drafted by Thomas Jefferson and adopted by the Second Continental Congress on July 4 1776 declaring the independence of the thirteen colonies from Great Britain 9 What was Common Sense How is it related to the Declaration of Independence and the movement for independence a Common Sense a pamphlet by Thomas Paine argued that only in the creation of an independent republic would the people find contentment b Brought Independence issue to center stagequot 120000 copies sold 10 What was our first written constitution and what was the nature of the government it set up a The Articles of Confederation i Confederation type of government the A of C created National government derives limited authority from the states rather than directly from the citizens The states select officials of the National Government and also hold the authority to override that government s decisions 1 Each State received one vote 2 Major laws required approval from 9 of 13 states 11 What were the weaknesses ofthis first constitution a The states were unwilling to give the national government enough authority to conduct the war b No powerto tax c Suspicion of government prevented national officeholders from creating the administrative structures needed for the government s wartime responsibilities 12 How did the shortcomings of government impact the Revolutionary War a Congress needed complete sovereignty to have the resources and credibility necessary to conduct the war b Suspicion of government remained evident throughout the war 13 What were some collective action problems that were visible during the war a 14 After the war ended what types of domestic issues emerged Why were these important a Economy After the war the US was in severe debt both domestically and foreign No state would contribute its share of the revenue so long as it suspected one or more of the other states might not meet its obligations b Trade All matters of commerce had been reserved to the states leaving Congress without the authority to negotiate trade relations to help to lower national debt c Discontent V th the economic depression that followed the war many people lost their land and other assets leading to Shays Rebellion The following series of rebellions and uprisings showed the significant need for a stronger National Government 15 Describe the events that led to the drafting of the Constitution a Faulty Economy National government wasn t able to tax citizens so there was no way to get out of debt b Trade further prevented US from eliminating debt because national government could not create foreign trade relations for the states c Discontent Famine and Depression brought on a string of rebellions and revolts that brought unnecessary violence to the government 16 Contrast the Virginia Plan with the New Jersey Plan a Virginia Plan Created by James Madison i Two chamber legislature with representative based on state population ii Lower chamber of legislature elected by citizenry and the upper chamber the president and courts elected by the lower chamber iii Legislature can make any law and veto any state legislation b New Jersey Plan created by V lliam Patterson i Single house chamber with equal representation for each state regardless of population ii Legislature has same power as under articles with added authority to levy taxes and regulate commerce and can exercise supremacy clause over state legislation iii Plural executive can be removed by legislature Courts are appointed by executive iv Supreme Court hears appeals in limited number of cases 17 What was the Great Compromise Why is it called that a The agreement between large and small states at the Constitutional Convention 1787 that decided the selection and composition of Congress The compromise stipulated that the lower chamber House of Representatives be chosen by direct popular vote and that the upper chamber Senate be selected by the state legislatures Representation in the House would be proportional to a state s population in the Senate each state would have two members b Eliminated the biggest weaknesses in the existing form of government 18 What are states rights and what role did they plan in the Federal Convention of 1787 a States Rights safeguards against a too powerful national government that were favored by one group of delegates to the Constitutional Convention States rights advocates supported retaining those features of the Articles of Confederation that guarded state prerogatives such as state participation in the selection of national officeholders and equal representation for each state regardless of population b Perpetuated the composition and selection of Congress as it functioned under the Articles of Confederation and continued to give each state one vote 19 What is the necessary and proper clause and why is it important a The last clause of Article 1 Section 8 of the Constitution This clause grants Congress the authority to make all laws that are necessary and proper and to execute those laws 20 What are checks and balances a A constitutional mechanism giving each branch some oversight and control over the other branches Examples are the Presidential veto Senate approval of Presidential appointments and judicial review of presidential and congressional actions 21 Who is Montesquieu a French Philosopher who argued that the concentration of power could be effectively limited by locating the several functions of the government legislative executive and judicial in separate and independent institutions 22 Why are the Age of Reason and the Enlightenment relevant to the Constitutional Convention and its product a The framers of the constitution are children of the Age of Reason 23 What is the veto a The formal power of the President to reject bills passed by both houses of Congress A veto can be overridden by a twothirds vote in each house 24 What is the Electoral College a A body of electors in each state chosen by voters who formally elect the president and vice president of the United States Each state s number of electoral votes equals its representation in Congress the District of Columbia has 3 votes An absolute majority of the total electoral vote is required to elect a president and vice president 25 What is the supremacy clause a A clause in Article VI of the Constitution declaring that national laws are the supreme law of the land and therefore take precedence over any laws adopted by states or localities 26 What is judicial revievW a The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid 27 What is a logroll a The result of legislative vote trading For example legislators representing urban districts may vote for an agricultural bill provided that legislators from rural districts vote for a mass transit bill 28 What efforts went into designing the judicial branch a Little effort went into its design b Gave Supremacy Clause and Judicial Review c Marbury vs Madison the Court laid claim to strike down any legislation 29 Why were states rights an issue for many of the delegates at the constitutional convention a Argued over who should appoint Supreme Court Justices and whether or not state courts should handle cases until they reach the Federal Courts b Feared that the Supremacy Clause for example was the building block for creating an overpowering Federal Government 30 Why did some advocate that states needed to surrender some of their autonomy to a central agencygovernment a To undertake joint activities successfully states had to surrender some of their autonomy to the national government to prevent any state from free riding or otherwise violating their collective agreements 31 How did the issue of slavery manifest itself in the Constitution a Slaves counted as 35 a person in population purposes for state seats in government b Southern States created two Slavery Protection Clauses i Unrestricted right to continue importing slaves ii Required Northern states to return runaway slaves to their masters Southern States were so persistent on permission of Slavery that other Northern States feared that the South would not ratify constitution unless their clauses were legalized 32 Why were women left out of the Constitution a The delegates to the convention were less concerned with individual rights and more concerned with making the government more effective and establishing proper relations among the institutions they were creating b The Constitution reads as though it was meant to be free of gender bias through usage of words like persons and citizens rather than men or women c Women s political rights had not yet become an issue 33 How is the Constitution amended Make sure to knowthe different routes that can be taken a An amendment may be proposed either by a twothirds vote of both houses of Congress or by an application from twothirds of the states b Enactment occurs when threefourths of the states acting either through their state legislatures or in special conventions accept the amendment 34 What were the roadblocks to the Constitution s ratification a Delegates to the state conventions concentrated on the concerns of their states and communities b The potential costs of the Constitution c Many didn t want their state legislatures to be subordinated to a more distant government 35 What did the Federalists argue The AntiFederalists a Federalists i Led by Alexander Hamilton and James Madison ii Pro Ratification iii Claimed that the Constitution provided a true Federal system iv Concerned with the Rhetoric of Nationalism b Antifederalists i Only local democracy could approach true democracy ii The US was too big to be ruled by a single set of laws iii Citizens needed a safeguard against tyranny iv Needed Bill of Rights 36 What were the Federalist Papers and why were they so critical to ratification ofthe Constitution a Written by Alexander Hamilton John Jay and James Madison b Intended to influence the delegates to the New York Convention and try to help in ratification 37 Why are Federalist 10 and 51 so critical to our understanding of the Constitution a Address problem of self governance b Federalist 10responds to the Antifederalist claim that a large republic cannot survive i Creates a republic in which a majority of citizens will be unable to tyrannize the minority ii Faction a number of citizens whether amounting to a majority or minority of the whole who are united and actuated by some common passion or interest adverse to the rights of other citizens or to the permanent and aggregate interests of the community iii Identifies two ways to eliminate factions Authoritarianism and Conformism iv Pg 85 v Democracy does not allow minorities to dominate vi Direct democracy would allow for majority usurpation of minority rights vii Attempts to control the effects of minority and majority factions Madison c Federalist 51 If Men were Angels no government would be necessary i Deals with the delegation problem of keeping the citizenry s agents officeholders honest ii The solution was to pit politicians against one another through the mutual vetoes embedded in Separation of Powers and Checks and Balances iii Separation of powers Checks amp Balances 38 What is the Bill of Rights and why was it critical to the ratification ofthe Constitution a Created a sense of compromise between the Federalists and Antifederalists as Madison conceded the need to form a Bill of Rights b List often inalienable rights at the beginning of the constitution Chapter 3 Study Guide 1 What is federalism a A system of government in which power is divided between a central government and several regional governments In the United States the division is between the National and State Governments 2 How are the three systems of government different unitary federation and confederation Pg 99 a Unitary System of government in which a single government unit holds the power to govern the nation which is in contrast to a federal system in which power is shared among many governing units b Confederation Lower level governments provide primary authority c FederationSystem of government that mixes the main components of Unitary and Confederation forms of government Such elements are that the lower level governments possess primary authority and in which the national government monopolizes constitutional authority 3 What are the three conditions required of a federal system a The same people and territory are included in both levels of government b The nation s constitution protects units at each level of government from encroachment by the other units c Each unit is in a position to exert some leverage over the other 4 What is the difference between dual and shared federalism a Dual Federalism A system of government in which the federal government and the state governments each have mutually exclusive spheres of action Neat divisions b Shared Federalism A system in which the national and state governments share in providing citizens with a set of goods Overlapping arrangement 5 What are some examples of exclusive powers of the national government Exclusive powers of the state government a National Powers Coin money Regulate domestic and foreign commerce Tax imports and exports Make treaties and war Make all laws necessary and properquot to fulfill responsibilities Regulate postal system WWWWIWI b State Powers Run elections Regulate interstate commerce Establish republican forms of state and local governments WWW Protect public health safety and morals All powers not delegated to the national government or denied to the states by the Constitution 6 What are some powers denied to the national government The state governments Make sure you know at least two examples for each one a Denied National Powers Tax State Exports Change State Boundaries lmpose religious tests Pass laws in conflict with the Bill of Rights Denied State Powers Tax imports and exports Coin money Enter into treaties lmpair obligation of contracts Enter compacts with other states without congressional consent 7 Where do states and the national government share power a Shared Powers Tax Borrow money Charter banks and corporations Take property Enforce laws and administer a judiciary What is the argument against nationalization a The Governmentquot should provide more services and solve more problems than the Founders anticipatedmainly brought on by modern policy changes and political consensuses Examples are that issues like pollution unemployment even the Internet do not honor state boundaries like the state governments do 9 How did the United States become a nation of nationalized public policy instead of a nation of segmented communities a Constitution granted the federal government ultimate power to determine the extent of its authority over the states 10 How have policy areas been transferred to the federal government What problems did this solve 11 Give an example of the coordination problem faced by the states a Drivers Licenses Congress eventually passed the Commercial Motor Vehicle Act which standardized state driver s licenses for interstate truckers and created a bureau within the Department of Transportation 12 An example of reneging and shirking a Air Pollution there is no mechanism to arrange and enforce agreements therefore everyone continues to pollute assuming that doing otherwise will not by itself clean up the atmosphere 939 b Reneging going back on a promise or contract c Shirking avoid or neglect 13 An example of cutthroat competition a Cutthroat Competition Competition among states that involves adopting policies that each state would prefer to avoid Example States engage in cutthroat competition when they underbid one another on tax breaks to attract businesses relocating their facilities 14 What does the Constitution say about federalism how does it promote it a Gives national government at least as much responsibility for overseeing the integrity of the states as it does the states for overseeing the integrity of the national government b Federal government must adhere to republican principles c Congress may create new states but it cannot destroy an established state without its consent d Framers used dual federalism In the three major sections ofthe document they specified the boundaries between two levels of government 15 How did the Senate aid the cause of states rights until the 17th Amendment was enacted 16 How is the Supremacy clause related to federalism The Tenth Amendment a Supremacy Clause A clause in Article VI of the Constitution declaring that national laws are the supreme law of the land and therefore take precedence over any laws adopted by states or localities b Tenth Amendment The amendment that offers the most explicit endorsement of federalism to be found in the Constitution The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the peoplequot 17 Which of these two has had more of an impact on the relationship between the national government and the state governments 18 Why were McCulloch v Maryland and Gibbons v Ogden relevant to the relationship between the federal and state governments a McCulloch v Maryland 1819 Congress created a national bank that proved unpopular with many state politicians To end this federal meddling into what it viewed as a state matter Maryland levied a heavy tax on all nonstatechartered banks James McCulloch of the National Bank in Baltimore refused to pay the tax and the court case arose Brought together the supremacy the elastic clauses and moved them to the forefront of constitutional interpretation b Gibbons v Ogden 1824 A dispute between New York and New Jersey and each states efforts to give a favored steam company a monopoly over shipping on the Hudson River Neither state could control such a concession but only Congress possessed the authority to regulate interstate commerce 19 What other Supreme Court cases have had important implications for federalism a Gitlowv NewYork 1925 States could not take away the free speech rights of their citizens b Near v Minnesota 1931 Applied the First Amendment s protections of a free press to the states c Roe v Wade 1973 States could not impose strict limits on abortions like the Texas Law struck down here d The cases showthe federal judiciary has often been as aggressive as Congress in expanding national authority over the States 20 What are grantsinaid and how do they influence the relationship between the federal and state governments a Grantsinaid Funds given by Congress to state or local governments for a specific purpose b The number of these programs has dramatically risen after the New Dealquot c Typically amount to more than just inducements for states to provide services that they otherwise might not be disposed to offer or could not afford d Can have a large impact on how much control the federal government exercises over the scope of state programs and even overthe ideological direction in which policy is likely to move 22 What types of grants are there and how are they different a Block Grant i A broad grant of money given by the federal government to a state government The grant specifies the general area such as education or health services in which the funds may be spent but leaves it to the state to determine the specific allocations b Matching Grant i A grant of money given by the federal government to a state government for which the federal government provides matching funds usually between one and two dollars for every dollar the state spends in some area 23 What are unfunded mandates and why are they controversial a Unfunded mandates are orders from the government requiring a specific location or community to spend a variable amount of money towards a certain issue meant to better the environment i Examples are environmental such as the order to spend money to improve air and water quality around the San Francisco Bay b Many believe that it is unconstitutional for the government to mandate a certain action sometimes requiring large amounts of money without providing any federal funding 24 What are crosscutting requirements a Statutes that apply certain rules and guidelines to a broad array of federally subsidized programs b V dely used to enforce civil rights laws c Example the failure of any state to follow federal guidelines that prohibit discriminatory employment practices can result in prosecution of state officials as well as loss of grants 25 What are crossover sanctions a Conditions that a state to remain eligible forfull federal funding for one program must adhere to the guidelines of an unrelated program b Example Congress s stipulation tying federal highway funds to state adoption of a minimum drinking age of twenty one 26 What are direct orders a Requirements that can be enforced by legal and civil penalties i Example Clean Water Act San Diego resisted a multibillion dollar investment in a new sewage treatment facility Because they refused the EPA brought the case to Federal Court to impose financial penalties on the city ised after the civil war but didn t really get the right to vote until the Voting Rights Act of 1965 and the women were given the right to vote in 1920 in the 19th amendment 26th amendment 1971 lowered the voting age of citizens to eighteen years in response to the Vietnam War Chapter 6 Study Guide Explain howthe constitutional structure of Congress emerged during the Federal Convention The structure of Congress formed out of the Great Compromise Balancing the demands of the small and large states the framers set up a bicameral legislative branch The House of Representatives was based on population and a Senate with two members from each state Short tenure was decided for the House 2 yrs to make the members as close to the people as possible The Senate would be much more insulated from shifts of the public s mood 6 yrs What are the powers of Congress How does each chamber differ in terms of its powers To make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers and all other Powers vested by the Constitution Congress can also coin money declare war raise and finance an army and navy and call upon state militia Senate ratifies treaties and confirms Presidential appointments of ambassadors Supreme Court Justices and top executive branch officials House bills that raise revenue and spending bills originate in the House and can only be amended by the Senate impeach officials and elect president in the event of an Electoral College deadlock How does the electoral system separate elections for President and Congress and voting in Congressional districts by plurality vote affect the politics of Congress Congressional nominations are made through primary elections instead of party appointed nominees The voter is choosing an individual rather than a party meaning the politics of Congress extends into gerrymandering campaign promises and other exercises to gain power for individuals What are Congressional districts and when and why do they change Congressional districts are the territorial lines that divide a state into Congressional voting districts Each state draws its own divisional lines but the Federal government apportions the amount of seats by population The number of seats a state is given can change after each census due to the fluctuation of population within a state Why are Congressional politics more candidatecentered than partycentered and what are the implications of this fact Congressional politics are more candidatecentered due to the fact that voters vote directly for the individual instead of the party This causes implications such as gerrymandering PACS and other political entrepreneurial activities because members must continually strive for reelection Does incumbency guarantee reelection to the House or Senate Why or why not lncumbency does not guarantee reelection however Congress has voted themselves numerous resource advantages travel staff communications in order to make reelection much easier 65 percent are reelected in the House while the Senate has a reelection rate that is just a bit lower How do national politics affect congressional races Members of Congress are often associated strongly with their party on a national level The President s party will often lose seats in Congress at midterm elections due to the performance of the President and the economy Congressional Candidates are much better off if their party s presidential candidate wins the election What does it mean when we say that members of Congress have more incentives to be individually responsive rather than collectively responsible And what are the negative outcomes of this When as an individual a Congressman can organize and manage their own campaigns individually Also Political Action Committees PACs are more willing to help raise and distribute money for the individual candidates once their campaign was proven to be promising When running as more of a party member ratherthan an individual a candidate can emphasize national issues and a common program of action This was a more Republican way of behavior in the 1990s What are the characteristics of those who serve in Congress Members of Congress in no way demographically represent the American public All members have graduated college 41 hold a law degree while almost all the rest of the members have a background in business Most have served in a lower elected office Women and racial minorities continue to be underrepresented in Congress What problems does Congress have to overcome in order to be an effective Lawmaking body The problems Congress must overcome include how to acquire information how to coordinate action how to resolve conflict and how to get members to work together These challenges spurred two types of problems in modern Congress problems besetting the House and Senate as organizations and problems created by competition of individuals and collective needs of members What role do Parties play in the House and the Senate Decisions in both the House and Senate are made by majority vote Majorities enact the bill but also set the rules establish procedure and choose leaders Therefore political parties are beneficial in Congress because it is in the best interest of an individual to join one such coalition Success depends on the readymade alliances found in majority parties What types of committees have evolved in Congress 5 Standing committees continue to exist through every Congress unless disbanded Specialselect committees deal with specific problems and then disappear Joint committees permanent committees composed of members of both chambers Leadership rotates between the two chambers Ad hoc committees bills that are particularly sensitive C 39 resolve quot between the House and Senate versions of a bill How are committee assignments made Committee assignments are made by party committees under the firm control of senior party leaders and are ratified by the party membership Why are committees powerful Committees have the power to control legislation through Congress by implementing rules or restrictions They are able to influence all three branches of the government especially the one for which they are working under Their significant influence directly correlates with their power in modern day US government How does a bill become a lavW Bill is drafted Senate introduced to Senate and referred to committees Committee hearings markup and report Senate floor debates and then President either signs or vetoes House introduced to House and referred to committees Hearings mark up reported out Rules Committee House Floor for debate Shipped to President for approval What is the President s role with regard to a bill A President must approve a bill with his signature veto the bill send it back to Congress or ignore the bill which means after 10 days the bill becomes law Congressional override of a veto needs 23 vote from both the House and Senate which is very tough to do pocket veto What do we mean when we say there is a bias against action in Congress It is much easier to kill a bill in Congress than to pass one Proponents of the piece of legislation must win a sustained sequence of victories in order to gain success Sub committees committees in Rules in conference on the floors of both chambers and in the White House just to succeed as a law Terms What are They and Why are They Important Ad hoc committee The committee is appointed by Speaker of House to handle sensitive bills An example is the Congressional pay raise legislation Select Committee A temporary legislative committee created for a specific purpose and dissolved after its tasks are completed Conference committee Atemporaryjoint committee of the House and Senate appointed to reconcile the differences between the two chambers on a particular piece of legislation Standing committee A permanent legislation committee specializing in a particular legislative area Standing committees have stable memberships and stable jurisdictions Joint committee Permanent Congressional Committees made up of members of both the House and the Senate Joint committees do not have any legislative authority they monitor specific activities and compile reports Casework The activity undertaken by members of Congress and their staffs to solve constituents problems with government agencies Closed rule An order from the House Rules Committee limiting floor debate on a particular bill and disallowing or limiting amendment Open rule A provision governing debate of a pending bill and permitting any germane amendment to be offered on the floor of the House Wesberry v Sanders 1964 The Supreme Court ruled that districts must have equal populations Thornburg v Gingles 1986 The Court ruled that district lines may not dilute minority representation but neither may they be drawn with race as the predominant consideration Filibuster Atactic used in the Senate to halt action on a bill It involves making long speeches until the majority retreats Senators once holding the floor have unlimited time to speak unless a cloture vote is passed by three fifths or sixty of the members of the Senate Cloture A parliamentary procedure used to close debate Cloture is used in the Senate to cut off filibusters Under the current Senate rules three fifths of Senators or sixty must vote for cloture to halt a filibuster Entitlement A benefit that every eligible person has a legal right to receive and that cannot be taken away without a change in legislation or due process in court Gerrymandering Drawing legislative districts in such a way as to give one political party a disproportionately large share of seats for the share of votes its candidate wins Logrolling The result of legislative vote trading For example legislators representing an urban district may vote for an agricultural bill provided that legislators from rural districts vote for a mass transit bill Minority leader The formal leader of the party controlling a minority of the seats in the House or the Senate Majority leader The formal leader of the party controlling a majority of the seats in the House or the Senate In the Senate the Majority Leader is the head of the Majority party In the House the majority ranks second in the party hierarchy behind the Speaker of the House Speaker of the House The presiding officer of the House of Representatives The Speaker is elected at the beginning of each congressional session on a party line vote As head of the Majority party the Speaker has substantial control over the legislative agenda of the House Multiple Referral The act of sending a proposed piece of legislation to more than one committee in the same chamber Pocket Veto A method by which the President vetoes a bill passed by both houses of Congress by failing to act on it within ten days of Congress adjournment This only happens if Congress adjourns and cuts the period of 10 days short If they don t adjourn then the bill becomes a law Override The ability of Congress to override of a Presidential veto This action requires a 23majority vote from both chambers the House of Representatives and Senate Political action committee PAC A federally registered fundraising group that pools money from individuals to give to political candidates and parties Pork Barrel Legislation Legislation that provides members of Congress with federal projects and programs for their individual districts President Pro Tempore In the absence of the Vice President the formal presiding officer of the Senate the honor is usually conferred on the senior member of the majority party but the post is sometimes rotated among Senators of the Majority Party Proportional Representation An electoral system in which legislative seats are awarded to candidates or parties in proportion to the percentage of votes received Rule A provision of a bill by the House of Representatives by specifying howthe bill is to be debated and amended Guideline on how a bill is debated and amended Restricted rule A rule that governs consideration of a bill that specifies and limits the kind of amendments that may be made on the floor of the House of Representatives A rule that governs a bill it determines the limitations and kinds of amendments that happen on the floor of the House of Representatives Rider An amendment to a bill that is not relevant or pertinent to the legislation These are not allowed as a part of the Amendment making process Seniority rule The Congressional practice of appointing as committee or subcommittee chairs the members of the majority with the most years of committee service Ticket Splitting The act of voting for candidates from different political parties for different offices for example voting for a Republican for President and a Democrat for Senator The Coattail Effect The tendency for a popular political party leader to attract votes for other candidates of the same party in an election Unanimous Consent Agreements A unanimous resolution in the Senate restricting debate and limiting amendments to bills on the floor Whip A member of a legislative party who acts as the communicator between party leadership and the rank and file The whip polls members on their voting intentions prepares bill summaries and assists the leadership in various other tasks Chapter 7 Study Guide What are the powers given to the president under the Constitution The President leads the Executive Branch of the government and is one of only two nationally elected officers of the Federal government The other being the Vice President of the United States Among other powers and responsibilities Article II of the Constitution charges the President to faithfully execute Federal law makes the President Commander in Chief of US Armed Forces allows the President to nominate executive and judicial officers with the advice and consent of the Senate and allows the President to grant pardons and reprieves What were some of the concerns of the Framers when they were crafting the Executive They were trying to avoid any President acting like Napoleon and use the temporary advantages conferred by a national crisis to permanently alter the constitutional order Solved this by giving the quot enough for quot quot a national responses during emergencies but insufficient authority to alter the constitution Article II withholds certain executive powers such as broad and easily used emergency powers that executives in other Presidential systems have taken advantage of What is the President s role in legislation His role is to either sign or veto legislation passed by either sectors of the branch In reality he has a strong role in influencing legislative agenda The white house puts together and submits the federal budget to Congress which contains the President s desires for the coming year In addition the White House submits legislation through friendly members of Congress Why do we call the President the Chief Diplomat As Chief Diplomat the President s job is to conduct foreign policy by directing the actions of American Ambassadors and signing treaties and trade agreements with leaders of foreign nations What is his role as Commander in Chief He is commander in chief of the nation s armed forces The framers were skeptical about putting the nation s entire armed forces at the hands of one individual so they added a check only Congress can declare War We have seen this though as a hollow check throughout history as the President has sent troops to foreign countries without Congress s approval What is the Era of Cabinet Government The era of Cabinet Government is seen in the 19th century When the President had a question about a policy needed clarification or advice on whetherto sign or veto a bill he consulted his cabinet They performed much ofthe work now carried out by a president s staff What was the president s relationship with his political party during the 19th century For the 19th century the President s affiliation and service to his party was his main concern Presidential elections were the focal point forthe national party s efforts Presidents were engines that pulled the party s trains Presidents mattered most during elections and at national party conventions candidates were valued for popular appeal and willingness to distribute patronage for the party rather than their policy pronouncements What changes led to the modern presidency The national government grew enormously in the 20th century Throughout the 20th century but in response to the Great Depression and 2 world wars Presidents assumed administrative authority and duties unimaginable in decades before They took on responsibilities of how specifically to administer and implement policies and such Why is the budget the president s most important clerical task It used to be used by Congress until 1921 when the Budget and Accounting Act was passed which turned the responsibility of determining and forming the budgets over to the President This strengthened the President s role in policy making This budget is submitted to Congress the first Monday in February and represents months of negotiating requests from the agencies to bring them together with the White House s policy goals and limits for spending Sometimes Congress let it sail through and other times it becomes a test of Political will as Congress rewrites a Congressional Budgetquot What is the institutional presidency The institutional presidency was born in the actions of the Brownlow committee which called forthe President to receive more help because he was like a modern day CEO of a huge company Thus the Executive Office of the President EOP was born out of the Brownlow Committee s actions It consisted of five new agencies two of which exist today 0 1 The Bureau of Budget Modern Day Office of Management and Budget OMB which Roosevelt moved from the Treasury Department by executive order 0 2 The White House Office that is the President s personal staff Why did the president s staff resources increase in size he Staff resources were forced to increase because the American population increased This increase meant that the President needed more authority and more staffs of people working under him What is the difference between an insider and outside president An lnsider President does most of their work through Congress and gains their favor rather than going to the Public for their approval Also an Insider is one who has worked on the Hill before such as Barack Obama goes to con An Outsider President is one who is more focused on getting the public s approval in his actions and legislature he plans to form Also it can be someone who does not have any previous experience working on Capitol Hill For instance someone like George Bush who served as the governor of Texas prior to running for the Presidency What does going public mean President s go public when they engage in intensive public relations to promote their policies to the voters and thereby induce cooperation from other elected officeholders in Washington Terms Article II Article II of the Constitution charges the President to faithfully execute Federal law makes the President Commander in Chief of US Armed Forces allows the President to nominate executive and judicial officers with the advice and consent of the Senate and allows the President to grant pardons and reprieves Take Carequot clause The Provision in Article II section 3 of the Constitution that instructs the President to take Care that the Laws be faithfully executedquot Executive order A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out Executive agreement An agreement between the President and one or more other countries An executive agreement is similar to a treaty but unlike a treaty it does not require the approval of the Senate State of the Union A Presidential message to Congress under constitutional order that he shall from time to time give to the Congress Information of the State of the Union and recommend to their Consideration such Measures as he shall judge necessary and expedientquot Ve o The formal power of the President to reject bills passed by both houses of Congress A veto can be overridden by a two thirds vote in each house Line Item Veto A procedure available in 1997 forthe first time permitting a President to cancel amounts of new discretionary appropriations such as budget authority as well as new items of direct spending entitlements and certain limited tax benefits unless Congress disapproves by law within a specified period of time It was declared unconstitutional in 1998 This power is still held by Governors such as in Georgia but the President does not hold this power The authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending The legislature may override a veto usually with a twothirds majority of each chamber Cabinet The formal group of Presidential advisors who head the major departments and agencies of the Federal government Cabinet members are chosen by the President and approved by the Senate Delegation pg 227 The act of one person or body authorizing another person or body to perform an action on its behalf For example Congress often delegates authority to the President or administrative agencies to decide the details of policy Gag Rule An executive order prohibiting Federal employees from communicating directly with Congress Central Clearance A Presidential order requiring that all executive agency proposals reports and recommendations to Congress mostly in the form of Annual Reports and testimony at authorization and appropriation hearings be certified by the Office of Management and Budget as consistent with the President s policy Office of Management and Budget OMB Previously known as the Bureau of the Budget OMB is the most important agency in the Executive office of the President The budget bureau created in 1921 to act as a central clearing house for all budget requests was renamed and given increased responsibilities in 1970 OMB advises the President on fiscal and economic policies creates the annual federal budget and monitors agency performance among other duties Federal Register pg 382 A government publication listing all of the proposed federal regulations In essence the Federal Registeris a way for the government to think aloud to the people and also serves as official journal of record for the approved acts of the US Government Published daily Enrolled Bills A bill that has been passed by both the Senate and the House and has been sent to the President for approval Brownlow Committee The Brownlow Committee was also known as the President s Committee on Administrative Management in 1937 The Brownlow Committee made the connection between the new version of the Presidency to the large company CEO and called for a creation of an organization dedicated to helping the President Congress denied the proposal until 1939 when it accepted a reduced form of the bill White House Office WHO An agency in the Executive Office of the President EOP that serves as the President s personal staff system Although the entire EOP does the President s business the White House Staff consists of the President s personal advisors who oversee the political and policy interests of the administration Study Guide for the Courts Chapter 9 1 What is judicial review and why is it important a The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid b It is important because it is a crucial aspect in the separation of powers inside of the American 3 Branch government It provides the judicial branch with a way to check the other two branches power and ensure that the powers of the other two branches remain in check 2 What are the three eras of the Court a Nation vs State 1790Civil War i The judicial branch s most significant cases strove on the unresolved jurisdiction disputes between the nation and state John Marshall s leadership influenced the rulings by favoring the national authority more than the states authority Marshall believed that National authority had been directly approved by conventions of citizens so therefore it should be the supreme rule 1 McCulloch V Maryland National Supremacy 2 Dred Scott v SandfordStates Rights b Regulating the National Economy Civil War 1930s i V th most of the human rights resolved after the war the rapid industrialization that followed became the main issue of the courts They became centered around regulating monopolies to regulate railroads and other similar activities 1 Fourteenth Amendment was created to protect the rights of the newly freed slaves The Federal government grew to protect the state laws when public interest was at risk Examples of this came through the different rulings concerning limiting the work hours for men and women As the period evolved and times like the economic depression set in the courts began to decide cases more conservatively typically against regulation c Civil Rights and Liberties i The courts became more interested in the relationship between the individual and the government Events happening around the world such as the overpowering regimes that had evolved during WWII caused Americans to stress the importance of retaining an equal relationship between the individual and government 3 How are the federal courts structured Constitutional Courts Category of Federal courts vested with the general judicial authority outlined in article III of the Constitution The most important are the 1 Supreme Court the 13 Courts of Appeals and the 94 district courts Their authority derives from that of the Supreme Court and they are to conform to its decisions a District Courts1 judge for each ofthe 94 courts i The trial courts of original jurisdiction in the federal judicial system The 94 district courts are the third tier of the federal judicial system ii Most cases in the federal courts start here b Courts of Appeals3 judges for each ofthe 13 courts i The second tier of courts in the federal judicial system One court of appeals serves each of 12 regions or circuits plus one for the District of Columbia 13 total courts of appeals c Supreme Court9 judges for the 1 court i The Supreme Court is the court of final appeal Under its appellate jurisdiction the Court may hear cases appealed from the lower federal courts or directly from the highest state courts when an important constitutional question is in dispute 4 What are the limits ofthe administrative control that the Supreme Court exerts over the lower courts a The Supreme Court may hear cases appealed from the lower federal courts or directly from the highest state courts when an important constitutional question is in dispute The Supreme Court is also given jurisdiction in all cases affecting ambassadors other public ministers and consuls and those in which the state shall be a party b Only Congress can remove a Federal Judge and then it can only do so for serious offenses The Supreme Courts cannot distribute the caseload to the lower courts meaning that the distribution of cases depends on geographical jurisdictions created by Congress 5 What are the important differences between the Supreme Court s original and appellate jurisdictions a Original 39urisdiction The jurisdiction of courts that hears a case first usually in a trial b Appellate 39urisdiction The power vested in an appellate court to review andor revise the decision of a lower court The original jurisdiction of a court is the power to hear a case for the first time as opposed to appellate jurisdiction when a court has the power to review a lower court39s decision A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction or a lower appellate court has heard the matter The Supreme Court has both jurisdictions Cases can come straight to the Supreme Court if they qualify or through the appellate process 6 What is the difference between substantive and procedural doctrine a Substantive Doctrine Principle that guides judges on which party in a case should prevail akin to policy making b Procedural Doctrine Principles of law that govern how the lower courts do their work 7 Why is the Court s absence ofjudicial enforcement important a It has allowed Congress and the President at times to ignore Supreme Court Rulings such as when Andrew Jackson still forced the Cherokee lndians off of their land It allows either one or both houses of Congress to pass a resolution to reject an agency s action 8 How are justices selected for the federal courts a They shall be nominated by the president and also hold the advice and consentquot of the Senate District nominations are typically deferred to the senator of the state that is to be represented Ultimately the President nominates and the Senate either accepts or rejects 11 How are cases selected for review Litigants must file a writ of certiorari requesting that the Court order a lower court to send the records of the trial in question This has cut the number of cases the Court hears in half despite a sixfold increase in the number of requests The Supreme Court s rule of four provides that when four justices support hearing a case the certiorari petition is granted 12 How are Supreme Court cases decided After the justices express their views on a case and vote tentatively on the outcome in a private conference the chiefjustice if voting with the majority assigns one for the majority the task of drafting an opinion The task is not insignificant the author of an opinion voices the majority position and in doing so strongly influences the shape of thatjudicial policy 13 How do judges make policy Judges make policy through judicial doctrine The two forms are procedural and substantive Procedural doctrine governs the specific ways in which the lower courts do their work Substantive doctrine more akin to policy making guides judges on which party in a case should prevail Sometimes the two doctrines clash such as when the Court decides to change current policy 14 What is the Supreme Court s place in terms of separation of powers The Supreme Court s place is to review the actions and legislation of the executive and Congressional branches They are to determine whether their actions or legislation are constitutional They are able to check unconstitutional legislation that is passed by the two other branches Terms Writ of mandamus We command A courtissued writ commanding a public official to carry out a specific act of duty Judicial review The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid Marbury v Madison McCulloch v Maryland McCulloch V Maryland National Supremacy The case was over the appointment of party members to run the national banks that had been created by the Federalist party Therefore several banks in Maryland that had been run by Democratic Republicans decided they had the right to tax the newly formed national bank Marshall s ruling in the case decided that state governments did not have the right to tax any national property The states believed that the Federal government had overused their power but Marshall believed that the Necessary and Proper clause gave the Federal government the right to do so Congress created a national bank that proved unpopular with many state politicians To end this federal meddling into what it viewed as a state matter Maryland levied a heavy tax on all nonstatechartered banks James McCulloch of the National Bank in Baltimore refused to pay the tax and the court case arose Brought together the supremacyelastic clauses and moved them to the forefront of constitutional interpretation John Marshall Supreme Court Justice during the nation vs states era before the civil war He heavily favored national supremacy as he believed that the national law was created through the beliefs of the citizens themselves Dred Scott v Sandford States Rights Justice Taney took over after Marshall s death and he favored states rights much more The case argued that African Americans were not US citizens under the Constitution Taney decided that outlawing slavery north of the Mason Dixon line infringed on citizens territorial rights to selfgovernment and private property It was later established that such issues were too important to be settled by the courts and in the future Courts were to review state laws that ran counter to national issues Roosevelt s court packing plan An attempt to remodel the federal judiciary Its purpose was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional Supreme Court Justice for every sitting justice over the age of 70 The legislation passed the House of Representatives but failed in Senate by a single vote If it had passed Roosevelt could have added six newjustices to the bench District courts The trial courts of original jurisdiction in the federal judicial system The 94 district courts are the third tier of the federal judicial system below the Supreme Court and the Courts of Appeals Courts of appeals The second tier of courts in the federal judicial system One court of appeals serves each of 12 regions or circuits plus one for the District of Columbia and federal court of appeals 13 total Writ of certiorari An order that is given by a superior court to an appellate court and that directs the lower court to send up a case the superior court has chosen to review This is the central means by which the Supreme Court determines what cases it will hear Supreme Courts Often the center of highly controversial issues Reviews cases from the US courts of appeals and state supreme courts as well as other courts of last resort administrative courts for example Acts as the final interpreter ofthe Constitution Ensures uniformity in the interpretation of national laws and the Constitution Resolves conflicts among the states Maintains the supremacy of national law in the federal system 8 justices and one chiefjustice Relatively few support staff Clerks plus 400 staff members Administrative control Direction or exercise of authority over subordinate or other organizations in respect to administration and support Original jurisdiction The jurisdiction of courts that hears a case first usually in a trial Courts determine the facts of a case under their original jurisdiction Appellate jurisdiction The power vested in an appellate court to review andor revise the decision of a lower coun Amicus curiae Friend ofthe Court A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome Solicitor general The official responsible for representing the US government before the Supreme Court The solicitor general is a ranking member of the US department of Justice Attorney general The head of the Justice Department As the nation s chief legal officer the attorney general ofthe United States represents the federal government s interest in law courts throughout the nation The attorney general is also the chief law enforcement officer Stare decisis Let the decision stand In court rulings a reliance on precedence or previous rulings in formulating decisions in new cases Dissenting opinion The written opinion of one or more Supreme Court Justices who disagree with the ruling ofthe Court s majority The opinion outlines the rationale for their disagreement Concurring opinion A written opinion by a Supreme court justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision Senatorial courtesy An informal practice in which senators are given veto power over federal judiciary appointments in their homestates When the president nominates a supreme court justice and the senate vetoes that nomination Senate confirmation A legal expression in the United States Constitution that allows the Senate to constrain the President39s powers of appointment and treatymaking Substantive doctrine Principle that guides judges on which party in a case should prevail akin to policymaking Procedural doctrine Principle of law that governs how the lower courts do their work Standing The right to bring legal action Federal district courts Same as district courts Federal Court of Appeals Same as court of appeals Study Guide Chapter 11 Questions What is suffrage and how did it expand over the course of US history Make sure to know the important groups affected and the approximate time in which it took place particularly amendments or laws associated with these expansions Suffrage is the right to vote and has expanded over the course of US history Starting with just allowing some white males to vote then it changed to white men and the enfranchised freed black men not really allowed to vote until later and then finally women were given suffrage rights The freed black men were enfra nch Who votes and why The most educated citizens have a higher voter turnout than the least educated citizens In president elections the older citizens have a much higher voter turnout than the younger citizens AfricanAmericans and Hispanics are less likely to vote Turnout is higher where legal barriers to registration are lower Voting rates for men and women are about the same What factors both individual and institutional are likely to increase turnout Decrease turnout Age and education are the two most influential factors in affecting voter turnout Also minorities are less likely to vote The institutional contextFor Ex variations in registration laws affects turnout equally The literacy tests poll taxes and such used to discourage blacks and poor whites from voting Wealthy welleducated older whites are targeted because they are already organized and likely to vote A decline in mobilization by parties candidates and groups such as labor unions has lead to a decrease in voter turnout How do Voters decide how they are going to vote Past performance of the incumbent or majority partying office The issues the news and media portray attract the people that would be concerned with these issues to vote Look at future policy options the candidates represent Voters make predictions based on personal characteristics also The most influential factor is the party label People bias towards the majority party or party they endorse What is the Motor Voter Law Why is it important Pg 523 Enacted over Republican opposition the law requires states to allow citizens to register to vote when applying for or renewing their drivers licenses to register by mail or to receive mail registration forms and assistance in filling them out at state welfare offices This is important because it favored the Democrats but actually voter turnout has not favored democrats What is Performance Voting Pg 526 Performance voting is basing votes for a candidate or party on how successfully the candidate or party performed while in office What is Issue Voting Pg 526 ssue Voting is voting for candidates based on their positions on specific issues as opposed to their party of personal characteristics What is Party Identification and why is it important Pg 526 Party identification is an individual s enduring affective or instrumental attachment to one of the political parties It is important because it is the most accurate single predictor of voting behavior What are the Basic Components of a Campaign The basic necessities are a candidate a message and a way to inform voters about both Campaign Money What is a Focus Group Pg 530 A Focus Groups is a method of gauging public opinion by observing a small number of people brought together to discuss specific issues usually under the guidance of a moderator When might a potential candidate decide NOT to run for office Acquiring and maintaining a public image appropriate to the office sought is a particular challenge for presidential candidates who are subject to intense scrutiny by both their opponents and the news media over many months of campaigning What is Negative Campaigning Pg 534 Negative Campaigning is the act of attacking an opposing candidate s platform past political performance or personal characteristics What is Campaign Finance Reform FECA 19711974 and Buckley v Valeo Bipartisan Campaign Finance Reform Act Pg 698 Most campaign money comes from private sources thus since money is distributed unequally the democratic equality is questioned FECA provided partial public funding for presidential campaigns and required full public reporting of and strict limits on all contributions and expenditures in federal elections Court upheld reporting requirements and contribution limits but rejected spending limits grounds of 1st amendment In 1979 congress amended FECA allowing unrestricted contributions and spending for state and local partybuilding and getout thevote activities BCRA was passed in 2002 which prohibits parties from raising or spending soft party money for federal candidates If candidates accept public funds they are subject to limitations Buckley v Valeo 1976 What do Candidates spend money on Coordinated or independent campaign spending Coordinated spending includes polling producing ads and conducting research on the opposition Individual campaign spending is not limited and includes campaign activities mainly advertising that are not supposed to be coordinated in any way with the candidate s campaign It is harder for a challenger to raise money than an incumbent thus open seats no incumbent are more competitive races ln presidential elections what is the strategy for allocating campaign money The money is not allocated as much because each major party is guaranteed a wellfunded campaign It is more important to get the voters to agree with the message being presented Presidential elections invest heavily in television advertising 1 spend time on swing states 2 ignore lock states What is public financing of elections and why is it controversial It would require the taxing the citizens to provide money towards candidates so the citizens are essentially paying for the campaigns It would supposedly eliminate the private donations which have no limitations and then contributors are favored over constituents lf campaigns were just publicly funded then they could be regulated This is controversial because as opponents say publicly financed campaigns are welfare for politiciansquot No one wants it regulated because then there are limitations The 1st amendment is the barrier to a more egalitarian finance system Terms Access Pg 548 The ability of privileged outsiders such as interest group representatives to obtain a hearing from elected officials or bureaucrats Candidate Pg 528 A person who is running for elected office Coordinated Spending Pg 540 Spending by the Democratic and Republican committees on behalf of individual congressional candidates Focus Group Pg 530 A method of gauging public opinion by observing a small number of people brought together to discuss specific issues usually under the guidance of a moderator Independent Spending Pg 540 Campaign spending by a person or organization for or against a political candidate that is not controlled by or coordinated with any candidate s campaign lssue Voting Pg 526 Voting for candidates based on their positions on specific issues as opposed to their party or personal characteristics Message Pg 530 In a political campaign the central thematic statement of why voters ought to prefer one candidate over others Mobilization Pg 521 Also known as getting out the votequot Mobilization occurs when activists working for parties candidates or interest groups ask members of the electorate to vote Negative Campaigning Pg 534 The act of attacking an opposing candidate s platform past political performance or personal characteristics Open Seat Pg 541 A seat in a state or district being contested by candidates none of whom currently holds the office Congressional seats become open when the incumbent dies or does not run for reelection Party Identification Pg 526 An individual s attachment to one of the political parties It is the most accurate single predictor of voting behavior Party Label Pg 526 A label carrying the party s brand namequot incorporating the policy positions and past performance voters attribute to it Performance Voting Pg 526 Basing votes for a candidate or party on how successfully the candidate or party has performed while in office SingleIssue Voters Pg 524 People who base their votes on candidates or parties positions on one particular issue of public policy regardless the candidates or parties positions on other issues Soft money Pg 539 Money used by political parties for voter registration public education and voter mobilization Until 2002 when Congress passed legislation outlawing soft money the government had imposed no limits on contributions or expenditures for such purposes Study Guide Chapter 12 What was the nature of attitudes toward political parties PostRevolutionary America Parties were considered dangerous to good government and public order The Constitution contains no mention of political parties This attitude reflected historical experience and widely held eighteenth century beliefs Society was viewed ideally as harmonious and factions caused conflict Are parties included in the Constitution Parties are not included in the Constitution because the Framers and the general public feared and opposed them What are some incentives for building political parties Why are they important Pg 560 Organization helps in any situation where a collective decision is made by voting It is a necessity in making laws and electing leaders Party unity helps greatly in building legislative and electoral alliances Such alliances require parties to mobilize their voters so they get proper support on Election Day Parties also help in eliminating free riding by attracting more voters Parties also give candidates a way to distinguish themselves by using their party s label What are the three parts that form the overarching party 1 The Party in Government 2 The Party Organization 3 The Party in the Electorate What are the basic features of the American Party System And the 3 Questions that follow The Two Party System is a political system in which only two major parties compete for all of the elective offices Third Party candidates usually have few if any chances of winning elective office When any election is based on popular vote a two party system usually arises because people tend to vote strategically for one of the two main parties Because of this Party leaders are pressured to form broad coalitions to attract the voters that are ready to give up on their first choice Parties also try to ally with the party about to concede the election Federalism fragments the political system When coalitions amongst local parties exist politicians are able to work together to elect national leaders and do as they pleased on issues closer to their home Political power eventually went those with the skills needed to build networks of party workers manage local leaders and mobilize voters on Election Day Personal wealth education and status still helped a candidate but they were not essential like they were before Many people began to latch onto a party to achieve personal advancement Because managing a party became a full time job and party managers had to attract resources and reward party worker This made Patronage become more important Patronage is the practice of awarding jobs grants licenses or other special favors in exchange for political support Why do third parties not like a system that gives only the top vote getter the office They favor proportional representation by which a party receives legislative seats in proportion to its share of votes Many European democracies use this representation It helps preserve smaller parties because votes for their candidates are not wasted Third parties see our current representation as unfair because they will never become influential in the government when being representing this way What is a party system how many have we had and how is each distinct from the other A Party System is defined by the special characteristics from its era39s society economy and technology as well as the goals and tactics of political leaders Scholars have identified five distinct party systems with possibly a sixth currently 0 The First Party System illustrates the logic that lead to the creation of national parties They nominated Presidential Candidates through caucuses which were members that had assembled with their allies to make party decisions 0 The Second Party System is when Martin Van Buren and Andrew Jackson led the formation of the Democratic Party When Jackson became President the US had the first National Party Convention which was seen as a more democratic alternative to caucuses Voting rates slowly began to increase 0 The Third Party System is when the Republican Party was formed Parties began to work for votes more by using things like party machines and patronage The system was followed by the Progressive Era Reforms concerning civil service primary elections and the Australian ballot were made 0 The Fourth System is when the Republicans became dominant Their power increased continuously until the Great Depression o The Fifth System illustrates the diversity of American party coalitions This is shown by the New Deal coalition which brought together many different Democrats It helped deal with the Depression while expanding the Federal Government s responsibility for and authority over the economic and social warfare of Americans Social Security was adopted as well as unemployment insurance systems The Democrats could not handle the different situations that took place during the era and the Republicans used this to advantage The party coalitions have changed enough since the end of the Fifth 1950s to suggest a sixth system is now in place but there is no consensus Why was the Progressive Era important to parties Reformers sought to destroy the party machines by depriving party leaders of the capacity to reward followers The changes they made were introduced in the Progressive era decades just before the turn of the 20th century between the 3rd and 4th party systems The most important reforms were civil service the Australian ballot and primary elections The civil service system that was adopted turned government jobs into professional careers It was a merit based system in that promotion was based on performance The Australian ballot is the one we still use that was adopted to enforce voting with a secret ballot It left know way for a party to know if there workers were voting for them so parties began to exchange favors for votes less often Primary Elections were also created to nominate a party s candidate What is the Australian ballot and why was it important The Australian ballot is a document prepared and distributed by the government that lists the candidates from all parties The ballot is then filled out in private It was adopted in 1888 and made it much harder for parties to exchange favors for votes because nowthey couldn t tell if voters had voted for them What are Primary Elections A Primary Election is held before the general election in which voters decide which of a party39s candidates will be the party39s nominee for the general election What does it mean when a voter splits their ticket A voter splits their ticket when they vote for candidates of different parties for different offices What was the New Deal Coalition and what impact did it have for parties in the United States then and subsequently The New Deal Coalition was an electoral alliance that was the basis of Democratic dominance from the 1930s to the early 1970s The alliance consisted of Catholics Jews racial minorities urban residents organized labor and white southerners The Coalition agreed to do one thing elect Democrats They supported Roosevelt39s New Deal policies during the economic depression How do the Parties nominate their Candidates The state parties comply in one of two ways They hold a primary election the outcome would determine 90 of the state39s delegation Or they could hold local party caucuses open to all party members Most states adopted the first option Delegates are awarded proportionately to candidates according to the share of votes they received in the primary What is Divided Government Pg 594 Divided Government is a term used to describe government when one political party controls the Executive Branch and the other political party controls one or both houses of the legislature How are the Democratic and Republican Parties different Republicans favor smaller cheaperfederal government advocate lowertaxes less regulation of business and lower spending on social welfare They are forthe free market Democrats are inclined to regulate business on behalf of its supporters and the environment They are more supportive of government programs designed to improve domestic welfare as well as spending less on national defense What is the President s role in his party s activities and the organization itself The President serves a coordinating role He chooses the national party39s chair and the national committee39s main task is to win or reelect the party39s Presidential nomination His fundraiser activities create millions of dollars from donations and raise this money for the party Chapter 13 Study Guide Interest Groups 1 What is Lobbying What do Lobbyists do Pgs 609 610 a Lobbying is a process of activities through which individuals interest groups and other institutions seek to influence public policy by persuading government officials to support their groups position b Obviously Lobbyists practice lobbying They work to influence public policy in favor of their clients interests 2 What is an Interest Group Pg 610 a Interest Groups are organized groups of people seeking to influence public policy They have become a continuing source of problems for Democracy but are essential components of modern democratic politics 3 Why should Groups Lobby Pgs 610 611 a Groups should lobby for several reasons The main reason people or groups practice lobbying is when they want to influence government decisions that affect their lives and welfare They see the advantages of banding together with others in attaining a persuasive political vorce b The government welcomes lobbying because it is a way for officials and candidates to gain public support The groups also give Government Officials a way to figure out how people will react to political movements and initiatives in advance c Elected Officials looking to gain re election often try to accommodate as many of the influential lobbying groups as a way to gain votes money organizational structures and skills 4 What were the origins of Interest Groups in America Pgs 612 617 a The Colonial Era i Interest Groups during this era consisted of merchants manufacturers and ethnic and religious minorities Groups during this period are responsible for developing most of the persuasion techniques that are used today They made their views heard by submitting petitions to the government and hired agents to handle the delicate work involved in extracting concessions from ministers and lesser bureaucrats They also examined the voting records of legislators to identify prospective supporters organized letter writing campaigns reminded legislators that a groups s supporters were among their constituents and they formed logrolling coalitions with other interests ii The way they approached and handled Parliament has come to be known as insider lobbying The era is also responsible for the creating of Public Interest Lobby which is a group that promotes some conception of the public interest rather than the narrowly defined economic or other special interests of its members Public Interest Lobby was created mainly by John V lkes V lkes strove to expand suffrage by using his Bill of Rights Society iii Organizations appeared in the colonies also An example of this is the Sons of Liberty group which was responsible for the Boston Tea Party Other groups eventually evolved such as merchants societies chambers of commerce religious sects organizations pushing radical causes groups 39 39 in local 39 ethnic 39 quot insurance societies clubs with social and intellectual aspirations workers organizations and military and professional organizations iv As a result of the rise of Interest Groups they played a significant role in the secrecy that went on at the Constitutional Convention b The Early Republic i During the era the number of interest groups continued to increase as well as their influence in government actions and policy making They became more aimed at activities of the state and local governments ii There were many groups that arose that attempted to achieve their political goals without involving the government Examples of these were the American Anti Slavery Society 1883 the National Trades Union 1834 and the American Temperance Union 1836 Such groups aimed to create a ten hour workday as well as for prohibition of alcohol sales iii There was a sentiment during the era that these types of groups could potentially damage the states of public order and good government However they also felt that these groups were essential to politics at the time After the Civil War lobbying changed in that it was often done by journalists and social critics and overused their right to try to influence government decisions This was partly caused by the rise of industrial corporations and trusts iv Political corruption enabled Interest Groups to play a large part in reorganizing governments on all levels and also to rewrite the rules of electoral and party politics The changes that they brought included laws concerning child labor wage limits on the workday regulation of railroads and large businesses women s suffrage and the income tax These changes were adopted at the end of the 19th century and beginning of the 20th This era became known as the Progressive Era v These groups with the help of the oncoming Industrial Revolution eventually became permanent institutions 5 What is lnsider Lobbying Pgs 613 a lnsider Lobbying is direct appeals to lawmakers for policy support by narrowly focused interests lnsider Lobbying arose during the Colonial Era and was the way in which Interest Groups approached and handled Parliament 6 What is Public Interest Lobbying Pg 613 a Public Interest Lobbying consists of groups that promote some conception ofthe public interest rather than the narrowly defined economic or other special interests of its members 7 What is Pluralism of Pluralist Defense of Interest Groups Pg 617 a V th students beginning to be educated about Interest Groups because of their significance in the government their role in democracy began to be defended People like David Truman believed that the increasing presence of such groups was a minimal of 39 39 39 inthe US b If a group felt its policies were threatened they would grow to defend themselves Because offensive policies required defense more and more policies were formed out of compromises and trade offs V th compromise established Interest Groups obviously then began to promote less demanding ideals c Because US was government was a three branch system Interest Groups had many points of access into government which developed many of the groups more favorable policies This then created a group of elected officials whose purposes were to build broad based coalitions and defend popular values Pluralist policies created a policy balance that reflected the distribution of interests in society as well as the intensity with which they were pursued d Pluralism made Interest Groups now be regarded as important participants in the democratic politics of modern society They helped influence policy making so that they better fulfilled the wants of citizens e Pluralism did not create a good median between social and economic interests An example is how the interests of large corporations were overrepresented and those of the lower class were not represented well at all f Organizational resources are distributed unevenly amongst varying political interests Because of this political outcome became biased in favor of the more represented groups 8 How are Interest Groups related to Collective Action Problems Pg 618 621 a Ideas such as those of Mancur Olson stated that Pluralists falsely assumed that people would continue to spontaneously form Interest Groups to promote and defend shared interests This being said to succeed organizers have to overcome collective action problems This problem was that most political interest groups pursue collective goods which are supposed to be enjoyed by all group members whether or not they helped provide them However self interest leads to universal free riding which ruins the organization unless some way is found to avoid the difficulty The penalty of free riding here is that many widely shared interests will be poorly represented b Over the past 30 years the number of interest groups has increased quickly and significantly This increase was caused by the number of people who were willing to contribute to groups that held causes without caring iftheir contribution will make a difference c Large corporations get around this collective action problem by offering selective incentives These incentives could be denied to individuals that did not join and contribute 9 What is a Selective Incentive Pg 621 a Selective Incentives are private goods or benefits that induce rational actors to participate in a collective effort to provide a collective good They were used as a way to dodge collective action problems 10 What is a Moral Incentive Pg 620 a Moral Incentives are the personal satisfactions of active self expression trump the economists concept of rationality for the many concerned citizens that send checks to groups that pursue environmental protection political reform a ban on abortion animal rights and many other social causes 11 What are the different ways in which Interest Groups can support themselves Pg 621 626 a Most of the self designated public Interest Groups were initially funded by patrons like philanthropic foundations corporations wealthy individuals or the government itself Many groups depend on continuity in subsidies from a third party source for many parts of their budget b Interest Groups also at times are financed solely from membership dues and small donations Examples of these groups are Ralph Nader s different organizations and various environmental groups like the Sierra Club National Audubon Society and the V lderness Society These groups utilize modern technology by maintaining a mass membership and donor base by using direct mail and Internet appeals c Because these groups depend on moral or purposive incentives their memberships and budgets change with circumstances They then tend to grow when opponents run the government and shrink when sympathetic politicians are in power d Purposive Incentives persuade people to invest in collective goods despite the temptation to free ride on the efforts of others 12 What are Social Movements Pg 624 a Social Movements are combinations of random and different people sharing general values and a desire for social change They played an important role in the increase in number of Interest Groups in America 13 Why do we have so many Interest Groups Pgs 624 626 a Starting with the Civil Rights Movement organizations aiming for social change have been needed Organizers of Social Movements use previous successful organizations to mold each newly formed group The middle class has played an important role in the increase of Interest Groups because they have a surplus of money and time to invest in causes that excite their moral imaginations enough to discourage free riding b Also it has become easier to maintain these groups through the technological advances that have enabled groups to have computerized mass mailing lists toll free 800 numbers fax machines and the Internet c Successful groups encourage competitors or imitators in some cases to rise Businesses for example feel the need to defend themselves by forming an opposing group when they feel that their interests are being either challenged or threatened d Most importantly the Federal Government has come to support such groups because they see these groups as a way to stimulate business interests Therefore the Government has become more active in encouraging nonprofit and public organizations which obviously encourages people to form more Interest Groups The Government has even begun to create their own Interest Groups such as the US Chamber of Commerce the Business Roundtable the American Farm Bureau Federation and the National Organization for Women NOW i As a means of showing support the Federal Government by altering the tax code It is generous in classifying groups or organizations as nonprofit which most of the time means that they are exempted from taxes Also donors may deduct contributions to some group The Government also subsidizes the mass mailing lists forthese nonprofit groups by giving them special postage rates iI Some groups however are restricted politically in that they may educate their members but cannot lobby for a specific party in electoral politics e Sometimes when Philanthropic Foundations fund a group the foundation creates its own tax policy For instance rich people and families put heir assets into foundations as a legal way to avoid income and inheritance taxes Also some administrations subsidize certain political organizations by hiring them to conduct studies or carry out specific projects Ultimately Interest Groups have increased in number because the encouragement that is provided by modern Public Policy 14 How has the Interest Group System changed over the course of the last several decades through for example Fragmentation and Specialization Pgs 626 628 a V th the continuing number or Interest Groups being formed new groups are forced to take previously existing issues and make their platforms more specific This increase in specialization in turn forces the older ideas and goals to become fragmented or different than they previously had been Groups have combined with other groups that better their causes and goals to be achieved politically An example of this is how Commodity Groups representing those who produce things like wheat cotton and corn have become affiliated with nutritional and food safety groups because of the increasing presence of Obesity amongst Americans Ultimately now there are too many similar groups in existence for a group not to be based on more specialized ideals b Federally funded medical research has also caused an increase in specialized groups For example Cancer Research is now not only funded by the American Cancer Society but also by groups that specialize in the different forms of Cancer c To attract supporters that their group s causes are worth their donations They must do so by distinguishing themselves from other similar groups which comes only by focusing or specializing on a more specific field d A group is in the greatest danger when similar groups appeal to their supporters This creates a sense of competition amongst competing groups which makes forming alliances and coalitions difficult To succeed politically groups often are forced to form these alliances However this can be dangerous in that if the group in submerged in a coalition it loses its special identity An example of these coalitions is the National Association of Business Political Action Committees NABPAC which represents 132 business PACs that represent other corporations and trade associations 15 What are lnsider Tactics Pg 633 a lnsider Tactics is Interest Group activity that includes normal lobbying on Capitol Hill working closely with members of Congress and contributing money to incumbents campaigns It is the opposite of Outsider Tactics obviously 16 What are some of the things that Interest Groups do on a regular basis Pg 628 a The first goal obviously is to survive Group leaders must attempt endlessly to retain patrons in order to pay the billsquot i For instance groups that depend on small donations and membership dues are forced to focus on the issues that generate contributions ii The larger companies and trade associations must meet with their executives or board of directors and educate these people on the political goals being striven for as these people are the ones that fund their group Because of the need to educate the Executives and Board of Directors Group Leaders are forced to spend most of their time doing so ratherthan explaining their patrons interests to Government Officials Also a lot of times Leaders spend more time on determining a unified goal or desire amongst patrons than they spend actually pursuing the goals b Also Group Officials must manage the day to day operations of their offices like the hiring and firing of employees assigning work and keeping their staff content c Ultimately Interest Group Leaders have a principal agent relationship because of all of the potential problems that could occur They basically spend most of their time dealing with the maintenance of the organization 17 What are Outsider Tactics Pg 633 a Outsider Tactics are lnterests Group activities designed to influence elected officials by threatening to impose political costs on them if they do not respond Tactics include marches demonstrations campaign contributions to opponents and electoral mobilization 18 What is Access and why is it important Pg 631 a Access is the ability of privileged outsiders such as Interest Group representatives to obtain a hearing from elected officials or bureaucrats b Access is important because it is required in lobbying by informing Politicians grant access to people that can help them achieve their goals These people then come to represent the politically important interests of their constituents the supporters that help finance their campaigns and men and women that have provided valuable information or assistance in the past Basically by granting access to outsiders Politicians are able to better learn of the political interests of their constituents and ensure that those same people continue to support their campaign 19 Why do Interest Groups use Litigation Pgs 636 637 Interest Groups that have been slighted by lawmakers or regulators may seek another trial by challenging the hostile laws or regulations Using Litigation attracts groups that can rest claims on constitutional rights and also do not have the clout required to significantly influence the views of elected Politicians b A lot of times Interest Group Leaders are lawyers However few practice litigation law Therefore using the courts requires winning legislative battles in the first place For example environmental groups like the Environmental Defense Fund have been able to use the courts effectively Their success is shown through the passing of the National Environmental Policy Act 1969 which is designed to make it easier for private citizens to go to court to enforce environmental regulations c When not directly involved some Interest Groups try to influence certain Judicial decisions by using Amicus Curiae or friend of the court Amicus Curiae briefs present evidence and arguments that are meant to influence a Judge s decision They are successful in that they exist almost in a hidden way as they appear to merely be providing the Judge with relevant information and social facts pertaining to the case being debated i An example of the presence of Amicus Curiae is found in Webster v Reproductive Health Services of 1989 which was a case about abortion rights Seventy five Amicus briefs were submitted coming from over a hundred different organizations 20 How do Interest Groups get involved in Election Campaigns Pgs 633 636 a Groups that are dissatisfied with the present policy can try to replace the current Official with one more likely to support their organization They do so by finding challengers fit to defeat the leader in office and also finance this new candidate This tactic is primarily used by Partisan and Ideological Organizations b More commonly groups use the voting records of elected officials on their key issues to identify friends and enemies Then campaign contributors and voters are more sympathetic to their candidate whom the group views as the one to reward c Interest Groups are most influential in Election Campaigns through association with different Political Action Committees Candidates who are not independently wealthy are forced to rely on private individuals and PACs to fund their campaign Interest Groups use the Candidate s monetary dependence as leverage and use it to influence the candidate s platforms 21 What is a Political Action Committee PAC Pgs 637 641 a A Political Action Committee is federally registered fund raising group that pools money from individuals to give to political candidates and parties To be considered a PAC the organization must raise money from at least fifty people and contribute to at least five candidates The maximum contribution to one candidate is 5000 per campaign In contrast Individuals are only allowed to contribute 2300 to a candidate each campaign Study Guide for Gateways Chapter 6 Public Opinion What is public opinion aggregate of individual attitudes or beliefs about certain individuals or officials How can it be measured polling What is a straw poll ballot polls in 19th century newspapers that predict the outcome of future elections What is a random sample every American has an equal chance in the poll What is scientific polling and why is it important method of polling that provides a fairly precise reading of public opinion by using random sampling it is important because it is relatively easy and accurate There is also greater equality in assessing the public opinion because it records the opinion of any and all Americans What is the difference between a sample and a population sample subset of population regarding information is collected amp analyzed to learn more about the population more or less using 1000 people population is characterized by the whole group and is represented by the sample Why do you want a representative sample because it is not biased and everybody has an equal chance to be represented What is a tracking poll and what can it tell you a tracking poll is a poll that seeks to gauge a change in the public s preferences and elected officials and it can tell you that voters have shifted their preferences What is an exit poll and how is it most often used an exit poll is a poll taken upon leaving the voting booth it is used as an instrument to predict the future outcome of an election What is a push poll and how are they used a push poll is a subjective poll that sort of talk the voter into a specific issue What is sampling error and how can you best avoid it sample error is the measure of accuracy of a public opinion poll and reported as a percentage usually 4 for every 600 people It can best be avoided by asking a question as objectively as possible Why is the question wording of a survey important because it may influence a voter in a path differently than they would have genuinely chosen What are nonattitudes sources of error in public opinion polls in which individuals feel obliged to give an opinion on something when in reality they know nothing about the event What is a response rate What is polling fatigue proportion of the public who respond to inquiries from pollsters to do surveys What factors drive public opinion Explain each lnclude those discussed in lecture as well as those discussed in your text book Social amp political environment generational effects self interest amp rationality amp elites Social amp political environments include one s background where you grew up religious upbringing etc or by socialization or arguably by genes Generational effects are events that occur in a generation that shape those people like the Great Depression Selfinterest refers to concern for one s own advantages and wellbeing whereas rationality is acting in a way that is consistent with one s selfinterest Finally elites are a group of people who may lead public opinion such as journalists politicians and policymakers Why are elites important in terms of shaping public opinion elites tend to have more access to the people that are in politics and have possibly more of a say in what the government does What is party identification and how can it influence public opinion party identification is the attachment or allegiance to a party It can influence public opinion because partisanship is nearly everything when one votes for president and other elected offices people vote solely on the party and may choose to be less informed about the other side What is political ideology What the primary ideologies in America What are levels of conceptualization How many people are ideological thinkers political ideology is a set of consistent political beliefs there are liberals and conservatives conservatives seem to more often identify with republicans where as liberals tend to lean more democratic levels of conceptualization measure how ideologically coherent individuals are in their political evaluations 12 How have the trends in ideology changed over time Are we more conservative or more liberal liberalism is on the rise Is the American public well informed If not does this mean they cannot support this democracy we are so much more informed than we used to be because of technology TV internet etc Why are salient issues important because salient issues are more likely to get people to vote and research their own interests ls public opinion relatively stable over time What might explain the times when it appears it is not it is more stable thank suggested by the shifting answers people give the question just a few months apart When it appears unstable there is an error in the polling meaning perhaps an added bias or not being knowledgeable in the subject Do people always have complete information on the topics they are asked to respond to No What is low information rationality Why is it important Low information rationality is idea that people do not need to have lots of information to make a good decision Is the public polarized What is polarization Who is more polarized our office holders or our public publicVery much so Polarization is the condition in which differences between partiespublic are so stark that disagreement breaks out fueling attacks and controversy officeholders are most polarized like Congress What is the potential effect of polarization compromise and consensus become nearly impossible ls total depolarization a good thing Not really because the public lacks a choice and there is less interest in the government and who is running it There are often group differences in public opinion Please explain the differences to be found between those of Differing socioeconomic status SES refers to occupation income education and wealth lt poses a problem when the workingclass relies on the government to fund public education and be protected in older age by Social Security The upperclass believes more in private market earnings There is a class bias Age younger people tend to be more liberal because they need government assistance with education with loans and scholarships they are more interested in legalizing marijuana and they are not set in a career and need a financial helping hand Older people tend to be more conservative Religion protestants are more conservative than catholics orjews just because of the interpretation of the doctrine Democratic Governance American Government People and Choices o Choices are at the heart of American politics as are the people who are allowed to participate to make them 0 People choose who make the choices that are implemented in the country c Politics arises from the need to choose among alternatives when differences make it impossible for all people to get what they want 0 Conflict emerges Why a Conflicting interests n Conflicting values o Sometimes the hardest to overcome a Conflicting ideas about how to allocate limited resources Recent conflict Health Care Politics The Management of Conflict Politics is how people attempt to manage such conflict through a political process What happens when politics fail 0 Violence mob rule More formally politics is the process through which individuals and groups reach agreement on a course of common or collective action even as some continue to disagree on the goals that action is intended to achieve Successful Politics o Almost always requires bargaining and compromise o Bargaining Prolonged exchange of proposals and counter proposals 0 Compromise Settlement in which each side concedes some of its preferences in order to secure others o Preferences are the givens individuals and groups know what they want that must be reconciled Participation Lies at the Heart of American Success in Politics The more people involved in the political process and as issues become more complex and divisive unstructured negotiation generally fails Effective political institutions 0 Set of rules and procedures for negotiations sets constraints on power gates and access to power gateways these can be altered and have been Citizen participation 0 The more a person participates and wants to participate 0 Why does participation create stability It helps government acknowledge the problems within the general public Transaction Costs o Transaction Costs 0 For example the time effort and resources required to compare preferences and make collective decisions These increase when the number of participants rise When preferences are similar transaction costs are low but when the number of participants rise preferences start to differ and transaction costs rise 0 May be used intentionally Manipulation of rules allow for lower transaction costs Require a majority or supermajority to pass legislation Require a majority to win an election Note Congressional elections require only a plurality a Congressional candidates must have the most votes out of all the candidates rather than the majority Presidential elections require a majority of the electoral coHege Treaties require a supermajority of the Senate to be ratified 23 Overturning a presidential veto require 23 vote of both chambers O O Ratifying constitutional amendment requires a supermajority of states 0 Framers and the high transaction costs for making constitutional changes They wanted high transaction costs 0 Why would one want to increase transaction costs What does it generate To create a stronger agreement of consensus Conformity Costs o Conformity costs 0 The difference between what any one party prefers and what the collective body requires 0 The happier one is with an agreement the lower the conformity cost when transaction costs are high conformity costs are low and vice versa 0 The extent to which a collective decision obligates participants to do something they prefer not to Paying one s taxes Serving in Iraq paying increased tuition o Governments continually weigh how much of a sacrifice its citizens are prepared to bear Citizens generally prefer low conformity costs 0 Costs of Collective Action o The Spectrum 0 Dictatorship at one end with minimal transaction costs versus government by consensus with exorbitant transaction costs o Benito Mussolini versus the Articles of Confederation Overcoming Problems of SelfGovernance o What constitutional arrangements best solve the problems and costs associated with collective action 0 Depends on what is being decided 0 Constitution requires greater participation in some cases but also limits participation in others o Worried about government intruding too far into your private life 0 Build in high transaction costs and require consensus to make collective decisions Bill of Rights Guarantees limits on government Gates to protect citizens from government encroachment regulation of government intrusion o Need a quick response such as defense against foreign threat 0 Create institutions that minimize transaction costs 0 President as Commander in Chief 0 Patriot Act eliminated many of the gates that gave citizens protection from encroachment of their liberties phone tapping searches at airports O 0 Representative Government o Modern democracies blend delegation with majority rule into what is known as representative government 0 Citizens limit their decisions to the selection of government officials who acting as their agents deliberate and commit the citizenry to collective enterpises Majority Rule Vs Republics o A Republic is a form of government designed to allow some degree of popular control and avoid tyranny 0 Voters elect their representatives 0 Representatives are constrained Constitutional guarantees for minorities rule of law Institutions and rules requiring exceptionally large majorities for some kinds of decisions Elections allow for people to vote officials out if they do not like them The Constitution 1112012 50700 PM ANSWER TO A QUESTION ON THE TEST 0 WHO IS DR HAYNES S FAVORITE POLITICAL PUNDIT 0 DAVID GERGEN Origins of a New Nation o Colonists came to the New World because 0 Escape from religious persecution 0 Escape from class or economic strataservitude o Character of its new colonists was to determine the political culture of America o Colonists were also very independent 0 Separated by an ocean from colonial government 0 Relatively distant relationship with government for 140 years 0 Colonists had home rule over small things Trade and Taxation o Britain retained strict importexport controls on the Colonies 0 Almost 13 of GB s economy was from the New World o Policies were difficult and costly to enforce and the colonists often ignored them o Colonists accepted trade regulation and no involvement in international affairs they retained the right to levy their own taxes This agreement was put to the test by the French and Indian War fought from 1755 to 1760 Fallout from the War o British and French had rival claims to lands between the Allegheny Mountains and the Mississippi River o End of war the British agreed that there would be no more expansion into Native American territory westward o Colonists ignored the proclamation They did not have the resources to defend the colonists And they had to pay existing debts related to the war This led to a number of Acts that taxed the colonists A Decade of Taxation o Parliament s Actions 0 Sugar Act of 1764 0 Stamp Act of 1765 Mutiny Act of 1765 o Townshend Act of 1767 o Coercive Acts of 1774 o Colonists Actions o 1765 Sons of Liberty 0 1 hit hi l 7 7a a le ea c Protest in 1770 Boston Massacre Boston Tea Party 1St Continental Congress 1774 A few months laterShot heard around the world 2nd Continental Congress 1775 Met to try to come up with a peaceful resolution 0 O O O O Colonies Respond o 2nd Continental Congress 1775 o Convened to respond to the violence that erupted and the presence of 16000 British troops in Boston 0 Stayed in session to act as the sitting government while violence persisted o Formal Declaration of Independence 1776 o 12 of 13 colonies NY abstained and later approved voted for independence The Articles of Confederation o The Articles were the first constitution of the US o In force from 1781 to 1788 when the present Constitution of the US became effective war ended 1783 o A confederation is a lose association of states o Written by committee of the 2nd Continental Congress Ratification took some time because of disagreements between states particularly over control of western lands and other state disputes Articles when ratified created a loose confederation of independent states that gave limited powers to a central government Under the Articles Single house of congress Each state had one vote Congress had power to 0 Set up postal department 0 Estimate the cost of the government and request from the states 0 Develop an armed forces 0 Control the development of the western territories With consent of 913 states 0 Could coin borrow and appropriate money 0 Declare war and enter into treaties and alliances with foreign nations No independent executive No veto of legislation Judicial proceedings in each state were to be honored by all other states No Judicial branch Only judicial authority giving to Congress was to arbitrate disputes between states Congress was denied power to tax Govt to be financed from donations from the states based on each state s land value Any amendment required all 13 states to pass A Weak National Government During the first 6 yrs under the Articles Congress asked the states for 12 million but received only 3 million not even enough to pay the interest on Revolutionary War depts GA and NC contributed nothing 17811786 By 1786 govt was so desperate they sold their ships Shay s Rebellion Forbidden interference with states commerce policy thus could not shape a national economy States imposed trade barriers against each other Some printed their own money 0 The State Pound Several laid claim to western lands PA and VA argued and fought with each other over land dispute Vermont threatened to annex itself to Canada Five Major Failures of Articles No power to tax No authority to regulate commerce No executive to administer the government No judicial system to resolve disputes among the states No strong central government Dissatisfaction with the Articles Most believed that the Articles needed to be repaired or replaced Proponents for both solutions 1786 VA 1St revise Articles Meeting Annapolis Maryland 0 Biggest reason was because of the failing economy 0 Focus on National gov and commerce Few participants Shays Rebellion followed 0 MA soldiers had lost their pensions from the Rev War They sold their papers for very little MA writes constitution which favors wealthy Farmers were angered and marched to MA capital MA calls the fed gov for protection Gov says they need to ask for donations Donations were very small and fed govt could not do anything So a wealthy private citizen had to raise a militia for MA 0 Straw that broke the camel s back Drafting a New Constitution Philadelphia 1781 o 55 Delegates o Experienced in war Conversant in political philosophy and science Age of Reason Concepts of science and behavior Some were poor some were wealthy Ranged in age 2080 Very intelligent men 0 O O O O O o Most 0 Wanted to resolve commercial conflicts among themselves Wanted to amend the Articles 0 0 Few 0 Some like Madison wanted to completely scrap the Articles o Madison Vices of the Political System of the UStates o Prequel to the VA plan The Virginia Plan o Introduced by Edmund Randolph o Shifted the focus from revision to change 0 Echoing Madison s Vices of April 1787 he itemized five reason why the Articles must be radically altered No safety against foreign attacks No harmony to the states Incapable of producing certain blessings to the states Cannot defend itself against encroachments Not superior to state constitutions o The centerpiece of his govt idea was a bicameral legislature Members of the lower chamber apportioned among the states by population and directly elected Lower chamber would elect members of the upper chamber from lists generated by the state legislatures o Elected George Washington to be president of the convention o Madison nominated himself to be secretary o Took VERY GOOD notes o National government could 0 Make whatever laws it deemed appropriate 0 Veto any state laws it regarded as unfit o If state failed its legal obligation 0 National government use military force against it o This was a tactical error 0 Why It inflamed the opposition o Many legislature too powerful o Madison s Check 0 The Council of Revision Executive and judges Chosen by legislature Simple majority of Congress to veto o Opposition grew toward the VA plan 0 Small State 0 States rights groups The New Jersey Plan o Two groups an alternative proposed by New Jersey delegate William Paterson o Quick creation o Had faults o It failed to propose the organization of an independent executive chosen by congress and Judiciary Supreme Tribunal appointed by executive serve with good behavior suggests life terms 0 Same structure to congress but it did give Congress the power to tax by imposing duties on all foreign goods and to regulate commerce o Alexander Hamilton created the British Plan The Great Compromise Fashioning the National Legislature o Stalemate people could not vote on either plan o Committee to resolve conflict o Solomonlike resolution o Upper Chamber Senate 0 composed of two delegates sent from each state legislature 0 Serve a sixyear term o Madison s populationbased elective legislature became the House of Representatives o Unanimous agreement rule of the states in order to change was Articles was gone New proposal and ratification of Amendments to the Constitution required a super majority o Replaced supermajority to pass legislation under Articles with a rule allowing a majority of the membership to pass legislation under the new Constitution o Article 1 Section 8 extended the authority of the national legislature o Roger Sherman originally brought up compromise but he was not listened to and after much argument the Great Compromise came UP o Commerce Clause 0 Congress has all control of interstate commerce o Necessary and Proper Clause 0 Nicknamed the elastic clause 0 In order to carry out the enumerated powers congress may do anything necessary and proper The Great Compromise Madison and Checks and Balances o Result Madison interested o In genuine separation of powers between branches 0 Each side exercising checks and balances over the others o Significant in Madison s formulation of the executive and judiciary as independent institutions Designing the Executive o Preferences ranged from o Hamilton s executive elected for lifequot 0 The existing model of state governors Very limited powers c There was a lot of debate even though everyone thought Washington should lead o Some believed in 3 executives some believed in 1 o Much debate how would the executive be selected 0 Convoluted concept of the electoral college evolved o Electoral college tries to mix State Congressional and popular participation in the election process 0 The people elected the electoral congress to vote for the two people they believed would be the best president only one may be from their homestate 1St place is pres 2nd is vp If there is no majority congressmen will each have 1 vote An Independent Executive o Madison and Hamilton largely succeeded in fashioning an independent executive by 0 Giving the president the ability to veto legislation 0 Requiring a supermajority of each house to override a presidential veto 0 But the Framers also checked the executive s power in numerous ways Although they believed one person should represent the nation internationally they gave the senate the ability to ratify treaties Designing the Judiciary o Comparatively little time designing the new federal judiciary o They did debate over two questions 0 Who would appoint Supreme Court Justices The president with senate approval 0 And should a network of lower federal courts be created or should state courts handle all cases until they reach the federal court o What were the pragmatic results of their debate 0 Appointment and confirmation proceedings 0 Lower federal courts to be determined by Congress The constitution only talks about the Supreme Court Congress created the appellate and district courts The Unresolved Issue Judicial Review o The Supreme Court has final say over whether a law is constitutional o The concept ofjudicial review 0 Never quite resolved Many thought this was implied Hamilton Some believed the court would be too powerful The power of the Supreme Court was never realized until Marbury v Madison we ll talk about this later 0 O O The Fight for Ratification o Only required 913 states to ratify the constitution o Ratification took place through state conventions rather than allowing the state legislatures to ratify The Federalist and Antifederalist Debate o Antifederalists argued only local democracy could approach true democracy 0 A country large and diverse could not be ruled by a single set of laws 0 Strong national govt tyrannysome faction taking over o Madison made a strategic move 0 Introduce the amendments that would protect individual rights 0 Introduced 17 amendments reduced to 10 to the first Congress o Reason the Bill of Rights was included almost immediately after ratification Madison s Response Federalist No 10 o Minority and Majority factions o Controlled in different ways Chapter 1 Gateways to American Democracy Liberty and order 0 Founders those involved in establishing the US 0 Socialcontracttheory government derives power from the people being governed 0 Democracy power is vested in the people 0 Directdemocracy political power is executed directly by the citizens o Representativedemocracy citizens elect public officials to make decisions and formulate laws on their behalf 0 Republic power is derived from citizens but public officials make policy and govern according to the law I Framers called it this Selfgovernment goal ofa democracy 0 People have control of the institutions of government Majorityrule idea that a numerical majority ofa group should hold the power to make decisions binding the whole people Mobrule gov t by a mob or mass of people with no formal authority Ruleoflaw legal system with known rules that enforced equally against all people Politicalvalues 0 Liberty cherishes freedom from an arbitrary power that restricts individual choice 0 Order rule of law is followed and does not permit actions that infringe on the wellbeing of others Minorityrights idea that the majority should not be able to take away fundamental rights of the minority Constitutionalsystem system of gov t where people set up basic rules to govern them 0 American constitutional system protects liberty and order 0 Sets up gates constraints on power 0 Gateways access to power Constitution as a gatekeeper o Framers those involved in writing the Constitution 0 JohnLocke 0 Natural unalienable rights right to life liberty and property Factions Madison defined these as groups who places their own interests above the aggregate interests of society 0 The most enduring faction was the unequaldistributionofproperty Selfinterest concern for one s own advantage and wellbeing Civicinterest concern for the wellbeing of society and the nation as a whole Separationofpowers authority is divided into branches 0 Vertical division o 3 Branches 1 Legislative Congress a Makes the laws 2 Executive President and government departments a Executes the laws 3 Judicial Supreme and federal courts a Interpret the law 39 is 39 39 quot divided btwn State and Nat l gov t 0 Horizontal division American Political Culture 0 Capitalism economic system in which businesses and industries are privately owned and operated 0 Individuals acting on their own or with others are free to create business 0 Favored in the US 0 Socialism the owns major industries 0 Egalitarian human equality that disdains inherited titles and nobilitywealth 0 Politics process by which people make decisions about who gets what when and how Politicalideology set of consistent political beliefs 0 Types 0 LEFT I Liberals believe in gov t to shape peoples lives increase equality 0 Private efforts are insufficient 0 Support diverse lifestyles o Oppose gov t action that seeks to shape personal choices 0 RIGHT I Conservatives Distrust gov t 0 Believe private efforts work 0 Support traditional lifestyles o Gov t should play a role in shaping personal choices I Moderates middle of the ideological spectrum 0 Most of Americans I Libertarians want no gov t interference in economic or social issues I Populists oppose concentrated wealth and have traditional values 0 Political culture beliefs common to a group of people 0 Individualism individuals are responsible for their own wellbeing not the gov t Public Policy Intentional actions of gov t to achieve a goal 1 Problemidentification a problem is recognized as warranting gov t action 2 Policyagenda problem gets attention of policy makers 3 Formulation stakeholders people who seek to influence legislation proposition of solutions 4 Enactment Congress passes a law that authorizes gov t response 5 Implement executive branch develops rules that will put policy into action 6 Evaluation policy is evaluated for effectiveness and efficiency a If change is needed it is placed back on the policy agenda Equality and Responsiveness Equality all people deserve equal treatment and access to decision making processes Responsiveness gov t should implement laws and policies that reflect the wishes and the public Publicgoods gov t good that benefit everyone and no one can be excluded 0 Ex clean air Privategoods gov t good benefits families and individual that receive them Trustee officials should do what they think is best even if the public disagrees Delegate does what the public wants without independent judgment Chapter 2 The Constitution Constitution document that sets forth basic rules about how society should be governed Colonists came to the new world 0 Religious freedom 0 Escape from economic strata servitude Parliament s actions 0 SugarAct 1764 list of items that could only be shipped to Great Britain 0 Stamp Act 1764 tax on all paper I Later repealed o MutinyAct 1765 o TownshendActs 1767 placed taxes on various goods 0 CoerciveActs 1774 Colonists actions 0 Sons of Liberty 0 Stamp Act Congress 0 Boston Massacre 0 Boston Tea Party 0 First and 2nd continental Congress 2quotd Continental Congress 0 Drafted the Declaration o Functioned as the gov t during the Revolutionary War 0 Introduced the Articles of the Confederation Articles of the Confederation 1st Constitution Proposed 0 Strong gov t 0 Control of western lands 0 Equal representation of the states 0 Power to levy taxes Created a loose confederation of independent states that gave little power to the federal gov t Single house Congress Each state has one vote Couldn t control disorder 0 Shay sRebeIion revolt by Massachusetts farmers against heavy debts 5 deficiencies with the Articles 1 Power to tax 2 No power to regulate commerce 3 No executive to administer gov39t 4 No judicial to resolve disputes 5 N0 STRONG CENTRAL GOV T The Constitution Philadelphia 1787 Constitutional convention meeting by 12 states in order to revise the Articles Made a new Constitution instead 55 delegates Delegates influenced by 0 JohnLocke popular sovereignty o Montesquieu o DavidHume competition among interests The Virginia Plan Made by Madison 0 Presented to the convention by Randolph Proposed a strong national gov t Legislative branch bicameral o A lower chamber elected by the people 0 An upper chamber elected by the lower chamber 0 Each chamber would use proportional representation based on population Larger states receive more representatives 0 National executive and judiciary chosen by legislative 0 Council of Revision made of executive and judiciaries would have final approval over legislative acts 0 Opposed by I States rights delegates I Less populous states New ersey Plan 0 William Patterson of NJ 0 Aimed to strengthen the articles 0 Legislative got powers of the Articles plus the power to regulate commerce and limited power to tax 0 National executive chosen by legislature unicameral o Judiciary chosen by executive 0 Each state receives equal representation Connecticut GreatCompromise 0 Roger Sherman 0 Legislative o 2 chambers bicameral I Senate 2 reps from each state that serve a 6yr term 0 17 h amendment direct election of Senators by the people I House of Representatives based on population 0 35 Compromise counted slaves as 35 of person for representation purposes Constitutional Amendments Amendment formal changing of the Constitution 0 4 ways for amendment 1 Proposal by Congress ratification by state legislatures I Used all but one time 2 Proposal by Congress ratified by state conventions I Used once 21st amendment abolished the 18 h amendment 3 Proposal by state conventions ratified by state legislature I Never used 4 Proposal by states conventions ratified by states conventions I Never used 0 President has no power in amendment process Structure of Government under the Constitution 0 Federalist51 discusses needs for checks and balances in the Constitution 0 Written by Madison 0 Dampens the chance of tyranny by I Checks and balances separation of powers and competing interests Checksandbalances authorizes each branch of government to share powers with another where one does not become too powerful 0 Executive checks legislative presidential veto block legislation passed by Congress 0 Legislative checks executive override presidential veto with a 23 vote in each house 0 Executive assigns supreme court judges and pardons 0 House can impeach formally bring charges against the President and other officials Judicialreview authority of the Supreme courts to declare laws passed by Congress and acts of the executive branch to be unconstitutional 0 Established by Marburyvs Madison The Scope of Legislative Authority 0 Clauses in Article I Section 8 o Necessary and Proper Elastic gives Congress power to pass all laws necessary and proper to the enumerated powers I Impliedpowers o GeneraWelfare gives Congress the power to tax in order to provide for general welfare 0 Enumeratedpowers powers of Congress listed in Article I Section 8 o Regulating commerce 0 Declaring war 0 Coining money 0 McCulloch vs Maryland Congress has the right to create a bank under the necessary and proper clause Chapter 3 Federalism Federalism sovereignty is divided btwn Nat l and state gov ts Confederal Unitary and Federal Systems 0 Confederal power rests with the states 0 Unitary all power rests with Nat l government 0 Federal powers split between state and Nat l Grants of Power in the Constitution 0 Enumerated powers Congress o Necessary and Proper clause I Implied powers 0 TenthAmendment States 0 Reserve powers powers given to the states by the Constitution I Ex Licensing education 0 Concurrentpowers powers shared by the state and national gov ts 0 Ex taxes police o Supremacyclause ArticIeVI makes federal law supreme over state law Types of Federalism o Duofederalism holds that state and federal gov t have separate functions 0 quotspheresofsovereignty39 o Layered cake 0 Sharedfederalism federal and state gov t act jointly to supply services to the citizenry o More accurate type of federalism in America today 0 Concurrentpowers powers held by nat l and state gov ts o Nationalism shifting powers from the states to the national gov t 0 New Deal FDR Great Society LBJ No Child Left Behind Bush 0 Devolution shifting powers from the national gov t to the states 0 Federalists supported the Constitution 0 Antifederalists did not support the Constitution 0 Only a local gov t could approach true democracy 0 Nat l gov ttyranny 0 Only accepted the Constitution after Madison promised to add the Bill of Rights States Responses to Collective Action Problems Collectiveaction pursuit of a goal by a group of people Ju L 1 C tall 50 states a Ex drivers license laws 2 FreeRiding using the resource without contributing to the cost a Ex people build a bridge with their time and money and other people use it that didn t contribute resources 3 CutthroatCompetition a Ex labor standards Political Logic of Nationalization o Difficult to lobby all 50 states when a single federal law can implement chance in all 50 states 0 More efficient 0 National gov t could be more receptive Federal Grants to the States 0 Revenuesharing money from the gov t that can be spent however the states want to o Grantinaid money coming from the federal gov t for a specific project 0 Categoricalgrants I Blockgrants money that can be spent in broad rather an specific areas Methods to Prescribe State Policy 1 Crosscutting a Apply certain laws to federally subsidized state programs Study Guide Interest Groups How do we define interest groups group of citizens who share a common interestpolitical opinion religious opinion ideological belief social goal or economic characteristic amp try to influence public policy to benefit themselves What is the difference between a proactive and a reactive group proactive when an enterprising individual see an opening or opportunity in creating a group for social political or economic purposes reactive group formed in response to a perceived threat from another group or to fight a govt policy those who join believe will adversely affect them or in response to an unexpected external event Why is the Constitution so important to the 39 39 and quot 39 39 of interest groups 1st amendment grants the right to petition speech assembly religion and speech interest groups are composed of those things What is lobbying act of trying to persuade elected officials to adopt a specific policy change or maintain status quo What is a grassroots movement group that forms in response to an economic or political event but does not focus on only one issue We talked about private and public in class Your book does not organize them into two major categories but instead talks about three types economic these are the material incentive groups like business laborunion and agricultural ones we discussed in class as well as corporations and trade and professional associations ideological and foreign policy The others might fall under our public type if they are not motivated by material gain and if the benefit is to be shared Make sure you knowthe differences among these groups what are their goals How do they differ What is the difference between a single issue group and a citizen s group single issue groups that form to present one view on a highly salient issue that is intensely important to their members like gun control amp abortion citizen s group formed to draw attention purely to public issues that affect all citizens equally What is polarization and why is it important to ideological groups Polarization is the condition in which differences between partiespublic are so stark that disagreement breaks out fueling attacks and controversy important to ideological groups because it can cause debate and disagreement within the group ideological groups or more depolarized What do foreign policy groups do create support forfavorable US policies toward one or several foreign countries What do interest groups in general do Discuss what it means to lobby to inform etc collect info regarding policy changes and convey info to the public and the officials lobbyalready defined informget the word out watchdog effectkeeping a watch and holding the govt accountable engaging in campaigning activities 501 c3 s amp PAC s What are some lobbying strategies employed by these groups building trust and longtime interactions keep policy narrowly tailored some go straight to the press watchdog and grassroots How do interest groups engage in campaign activities What is a PAC What is a 501C3 organization What can they do PACgroups formed to raise and contribute funds to support electoral candidates subject to campaign finance laws 501C3 taxexempt groups that are prohibited from lobbying or campaigning for a party or candidate Study Guide for Gateways Chapter 6 Public Opinion 9 J P Equot 9 N 9 5 00 N N What is public opinion Aggregate of individual attitudes and beliefs about certain issues or officials Foundation of any democracy How can it be measured Polls What is a straw poll Ballot polls by 19 h century newspapers to predict the outcome of elections very inaccurate People were unaware who exactly was surveyed What is a random sample Method of selection that gives everyone who might be selected to participate in a poll an equal chance to be included What is scientific polling and why is it important Method of polling that provides a fairly precise reading of public opinion by using random sampling Allowed for greater equality in gaining an accurate public opinion What is the difference between a sample and a population Sample is a subset of a population from which information is collected and analyzed to learn more about the population as a whole 1000 people is norm Population is the group the poll is to represent Why do you want a representative sample Because you want an unbiased polling sample to gather accurate information about the population as a whole All members of pop Have an equal chance of being selected What is a tracking poll and what can it tell you Polls that seek to gauge the change of opinion of the same sample size over a period of time common during the closing months of presidential elections What is an exit poll and how is it most often used Polls that survey a sample of voters immediately after exiting the voting booth to predict the outcome of the election before the ballots are officially counted What is a push poll and how are they used Polls that are designed to manipulate the opinions of those being polled conducted by interest groups or candidates who prime sample with biased information What is sampling error and how can you best avoid it Measure of the accuracy of a public opinion poll Why is the question wording of a survey important It can collect in inaccurate public opinion What are nonattitudes Sources of error in public opinion polls in which individuals feel obliged to give an opinion on something when they are unaware of the issue or have no opinion of it What is a response rate What is polling fatigue Proportion of the public who respond to inquiries from pollsters to do surveys Polling fatigue is when public continually decreases in participating in surveys to generate public opinion What factors drive public opinion Explain each Include those discussed in lecture as well as those discussed in your text book Socialization generational effects elites Education Personal Experiences Self Interests reference groups and media Why are elites important in terms of shaping public opinion They propound messages with different intensities and consistencies that can alter or drive public opinion What is party identification and how can it influence public opinion Attachment or allegiance to a political party partisanship Shapes the way partisans view the political world and process information What is political ideology What the primary ideologies in America What are levels of conceptualization How many people are ideological thinkers Set of consistent political beliefs Liberals and Conservatives Measure of how ideologically coherent individuals are in their political evaluations 12 How have the trends in ideology changed over time Are we more conservative or more liberal Back and forth with liberals on the rise of late Is the American public well informed If not does this mean they cannot support this democracy No No Why are salient issues important Attracts individuals over those issues to become more involved in politics s public opinion relatively stable over time What might explain the times when it appears it is not Yes wording of question or polling errors Do people always have complete information on the topics they are asked to respond to No Chapter 11 Congress Overview Center stage in national policy making Electoral politics important to members The majority party dominates the action The rules and organizational structures the House and Senate are important It is always easier to stop things from happening than to make things happen Compromises 0 House 0 Seats allocated by population 0 Members elected by the people 0 2 yr term I Annual elections wanted by delegates and a 3 yr term suggested by Madison 0 Senate 0 2 members chosen by state legislature o More insulated from public mood o Longer term Qualifica tion Differences 0 Age 0 Senate 30 yrs I More quotmaturequot of the two 0 House 25 yrs 0 Citizenship 0 Senate 9 yrs 0 House 7 yrs 0 Both required to live in state they represent 0 Senate is derived from the Latin senatus old man 0 Constituency group of citizens officially designated to elect a legislative representative Qualifications for Holding Office 0 Founders rejected 0 Propertyholding qualifications 0 Religious qualifications 0 Term limits Powers of Congress 0 Article I Section 8 lists the enumerated powers NecessaryandProperCause 0 Most extensive grant of power in the Constitution Imposing taxes regulating interstate and foreign commerce commerce clause Declaring war raising and financing an army calling state militias Appropriates allocate a set of amt of federal dollars for a specific program or agency Authorizes grant the power to create a federal program or agency and spend federal funds to support that program or agency Impeachment House brings formal charges against the president 0 Senate conducts trial The Senate 0 quotAdviseandConsentquot the Senate ratifies and confirms presidential appts ambassadors I Supreme courts and top executive branch positions I Founders said that senate was an advisory council to the President Marburyvs Madison established the Supreme Courts power ofjudicial review 0 Judicial review authority of courts to declare laws passed by congress and acts of the executive branch unconstitutional JudiciaryAct established lower federal judiciary district courts and circuit courts of appeal Oversight power of Congress to monitor how the executive branch implements laws Unifiedgov t when the same party controls executive and legislative branches Dividedgov t when different parties control executive and legislative branches Achieving Balance 0 Bill raising revenues originate in the House and Senate has the unrestricted right to amend them 0 President 0 Authority to recommend new laws 0 Call Congress into special session 0 Veto The Electoral System 0 Members of Congress and President selected separately 0 Members of Congress are chosen by a plurality SMD plurality voting Proportional System 0 Party gets seats in legislature share of votes it wins on election day 0 Voters choose among parties not individuals PluralitySystem CongressionalDistricts 0 Census constitutionally mandated count of the population every ten years o Firstcensus in 1790 o 1 seat 33000 inhabitants 0 Total of 105 seats 0 Total membership was capped at 435 in 1911 o Worried that further growth would stop progress 0 Decennialcensus Redistricting and the Law 0 Redistricting state legislatures redraw the boundaries of congressional districts to make them equal in population size 0 Wesberry vs Sanders 1964 House districts must have equal populations 0 Thornburg vs Gingles 1986 district lines may not dilute minority representation but they cannot be drawn with race as the predominant consideration 0 Gerrymandering drawing districts for partisan advantage 0 Davis vsBandemer only unconstitutional if it was lltoo unfair to either party 0 2 principle tactics o Cracking spreading likeminded voters apart across multiple districts to dilute their voting power in each This denies the group representation in multiple districts Packing concentrating likeminded voters together in one district to reduce their 0 voting power in other districts This gives the group representation in a single district while denying them representation across districts House of Representatives 0 Partycaucus group of party members in legislature 0 Choose party leadership 0 SpeakeroftheHouse Constitutional and political leader of the House 0 Elected every 2 years 0 Approves all committee assignments o Refers bills to committee 0 Brings bills to house floor 0 Refuse to allow minority party ability to delay legislation 0 Housemajorityleader leader of the majority party in the house 0 Has 9 majority whips counts votes within the majority or minority party 0 Houseminorityleader 0 Less power Senate 0 Vice president must be the president of the Senate o In his absence there may be a president pro tempore constitutional temporary leader of the Senate 0 Senate parliamentarian official in charge of interpreting the rules of the Senate 0 Senate majority leader 0 Position not written into the Constitution Party System 0 Decisions in Congress are made by majority vote 0 Party coalitions are assembled and maintained by party leaders Committee System 0 First committees were very cumbersome 0 Committee of the Whole I Entire body would act as a committee with more flexible rules Standing Committees 0 Exist from one Congress to the next unless disbanded Special and Select Committess o Are formed to deal with a specific issues then disappear Joint Committees 0 Gather info and oversee executive but do not report legislation Advocacy Caucus 0 Members of Senate and House that share common background and interest and want to make the same decisions for their constituents Ad Hoc 0 Speaker occasionally appoints members to handle bills that are particularly sensitive Conference Committees 0 Are appointed to resolve differences between the House and the Senate versions of a bill Making Laws 1 Introducing Legislation 0 Only members may submit legislation to the House or Senate 0 Cosponsors 0 Through funds 0 Displaying it The parties and President use legislative proposals to o Stake out political positions 0 Make statements N W 004 UI Assignment to a Committee Rule guidelines issued by House Rules Committee on how many amendments can be introduced The next most common thing to happen is NOTHING Most bills die of neglect If there needs to be further action the whole committee will take it or assign it to a subcommittee Hearings Invites people to testify about the bill A way to monitor the administration of the Bill Reporting a Bill Markup where bills are written by the committee to send to the entire chamber for a vote Shows major provisions purposes and changes from existing law Omnibusbill one large bill that contains several small ones Scheduling Debate When a bill is reported it can either be placed in the Senate or House calendar House 0 Money bills9 Union calendar 0 Other public bills House calendar RulesCommittee decides when and how long the rule will be debated and under what procedures The Senate does not have Rules Committee 0 UCA s Unanimous Consent Agreements I Limit time for debate 0 I Determine which amendments are allowable I Provide waivers of Senate rules In absence of a UCA anything goes 0 No limit on a how long a Senator can talk or how many amendments they offer 0 Filibuster small groups or individuals that use extended speech delay or block passage ofa bill in Senate 0 Cloture vote that can stop a filibuster and bring debate on a bill to an end I Requires 35ths of the Senate 60 votes 0 Debate time in Houseis equally partitioned I Controlled by floor manager for each side 0 If amendments are allowed I Germaine must be pertinent to the bill I Riders extraneous matters are not allowed F The Vote Fate of legislation depends on a series of votes Complexprocess StrategicProcess ROIcall vote that a House or Senate member casts when hisher name is called PartyIinevotes voting in Congress according to party position so that a majority of one party votes against the majority of another 1 The Conference If different versions of bill are passed it is looked over by the Conference Committee If both chambers agree on the bill President If differences cannot be reconciled Bill dies 0 This is the usual outcome If a bill gets this far it usually has enough support to make it through 9 To the President President can 0 Sign the bill into law 0 Ignore the bill I Pocket veto automatic veto that occurs when Congress goes out of session within ten days of submitting a bill to the president I When Congress remains in session and ten days passes the bill becomes law 0 Veto the bill I Usually tells Congress the purpose for the veto I Or issues a public statement 0 Congressional Override needs 23rds vote in each chamber 0 Rarely occurs Bias Against Action 0 Easier to kill a bill than pass it 0 Dead bills can be revived and reintroduced Evaluating Congress 0 Most powerful and independent legislature in the world 0 After 911 and biological threats Congress bashing went out of style Chapter 12 The Presidency Requirements 0 Must be 35 yrs 0 Must be a natural born citizen naturalized citizens do not count 0 Must have been a resident in the US for at least 14 yrs Constitutional Amendments that Pertain o Twelfth electors must cast separate votes for president and vice president 0 Twentieth term begins on Jan 20 h o TwentySecond limits to two terms 0 Lame duck termlimited official in hisher last term in office 0 Twentyfifth replacement of president by vice president when the president isn t able Process of becoming President 0 Nomination by one of the two major parties 0 Majority of Electoral College votes 0 If no candidate receives a majority of the electoral votes the House will elect the president by voting state by state for a candidate Roles of the President 0 Powers stated in Article II Section 2 0 Head of State 0 Commander in Chief 0 War time powers ultimate decision maker in military matters 0 War Powers Resolution I Limited the ability of the president sending troops without consent of Congress by 0 Inform Congress within 48 hrs of committing troops abroad 0 The military action must end within 60 days unless Congress grants an extension 0 Veto legislation 0 Chief of gov t o Imperialpresidency power of the president to speak for the nation on the world stage and set up policy agenda at home 0 Powers of appointment and removal 0 Supreme Court Justices 0 Power to grant reprieves and pardons o Clemency power of the president to pardon a federal criminal o Pardon full forgiveness of a crime 0 Commutation decision to shorten a federal prison sentence StateoftheUnionAddress speech given by the president to Congress every January on the condition of the country 0 Statutory powers that Congress have given the president 0 Declaringa nat l emergency 0 Balances o Veto override by Congress 0 Senate confirmation of appts 0 Removal by impeachment Special Uses of PresidentialPower o Emergencypowers o Executiveordersa rule or regulation issued by the president that has the effect of law 0 FederalRegister official public record of all executive orders 0 Ex creating an executive branch agency 0 Proclamation issued to declare a change in federal policy 0 Militaryorders instructions to a branch of the armed forces 0 Executiveprivilege power of president to confidentially communicate with advisers o Withhold information from the courts or refuse to appear 0 US vs Nixon limited the range of executive privelege Tenure o 4 year term 0 Or 10 years if they complete the term of an incumbent Gerald Ford could have done this 0 PresidentialSuccessionActestablishes the line of succession to the powers and duties of the office of President in the event that neither the President nor VP is able to carry out the duties 0 Twentyfifthamendment deals with succession issues Executive Organization 0 The Cabinet 0 15 members total 0 Department of Homeland Security most recent addition 0 The Kitchen Cabinet Informal group of close advisors 0 Presidential Use of Cabinets is not required by the Constitution Executive Offices of the President 0 Executive office of the President organization that houses all staff who work directly for the president 0 Office of Management and Budget OMB budget office 0 National Security Council NSC personal set of advisers on international security 0 Council of EconomicAdvisers CEA advisers on the economy The Vice President 0 Presides over Senate 0 Takes place of president after succession Chapter 14 Theludiciary The Constitution 0 Hamilton called it the least dangerous branch 0 Antifederalists feared it because 0 Life tenure 0 Supreme law of the land 0 Compromise left Congress to organize the federal judiciary 0 Supreme court was specified in the Constitution 0 Nathaniel Gorham suggested the current method of choosing judiciaries appointment by the President and approval by Senate Article I o Judiciary review authority by courts to declare laws passed by Congress and acts of the executive branch to be unconstitutional o Judiciary review is not explicitly stated in the Constitution 0 Marbury v Madison Supreme Court case that established the Supreme Court s power ofjudicial review 0 Martin VHunters Lessee denied Virginia s claim that its state judiciary was not subject to rule of the federal judiciary 0 Section I gave power to Congress to est courts as it saw fit 0 Section II specifies the judicial power of the Supreme Court and discusses the Court s original and appellate jurisdiction 0 Section III defines treason and mandates that at least two witnesses appear in such cases 0 Framers gave judges tenure for life 0 Did not want judges subject to political whims o Hamilton s Federalist 78 argued that the independence ofjudges was needed to secure the rights of individuals I Judicial independence ability ofjudges to reach decisions without fear of political retribution o Originalurisdiction Supreme court has power to hear all cases assigned to it in the Constitution 0 Cannot be restricted o Appellateurisdiction ability to hear cases brought by lower courts 0 This can be altered by Congress Checks on the Judiciary 0 Congress has the right to alter the Supreme Court s appellate jurisdiction 0 Congress can propose Constitutional amendments that can reverse judicial decisions 0 Congress can impeach and remove federal judges 0 President with advise and consent from Senate appoints Supreme Court judges Constitutional Amendments Overturning Court Cases I Case I Decision I 39 Chisolm v Georgia Allowed citizens to sue other states in federal court 11m sovereign immunity for states Dred Scott v Sandford Denied citizenship to African Americans 14 h Made all people born in the US citizens of the US Minor v Happersett Denied voting rights to women 19quot Women s suffrage Pollock v Farmers Loan Trust Limited Congress authority to tax income 16quot Allows Congress to tax income from any source Oregon v Mitchell Prompted Congress to set voting age to 18 yrs 26quot Sets voting age at 18 for all elections The ludiciary Act of 1789 0 Est the 3 tier system structure of the federal court system 0 District courts 0 At least one in each state 0 Staffed by a federal judge trial court and court of record 0 Circuit Court 0 Avenue for appeals 0 Set size of Court The Marshall Court 0 Marbury v Madison Marshall claimed that Supreme Court had this power from implied language of the Supremacy clause The American Legal System Trial courts where the cases begin Appellate courts review findings of law made by other courts Jurisdiction authority vested in a certain court to hear and decide issues of a particular case Criminal law codes of behavior related to the protection of property and individual safety Civil law Codes of behavior related to business and contractual relationships between groups and individuals English Legal Traditions o Adversary process confrontational legal process where each party presents its version of events Trial by jury Appeals decision of a lower court can be challenged and reviewed by a higher court Criminal cases gov t prosecutes an individual for breaking the law Civil cases lawsuits made by a person organization or government against another one of these institutions Common law makes up for gaps in statutory law Precedent practice of reaching decisions based on previous decisions Standing requirement that a party bringing a lawsuit has suffered harm that the law protects Federal Court System Constitutional courts courts specifically created by the Constitution or Congress to fulfill its article I powers Legislative courts courts est by Congress for specialized purposes 0 Court of Military Appeals District courts 0 94 district courts 0 Do not cross state lines 0 Each state has at least one Involve suits in which citizens are from different states and the amt of money is more than 75000 District Courts Bottom of the federal court hierarchy Each federal district has a US attorney 0 Nominated by the president and approved by the senate o District s chief law enforcement officer 0 Have discretion to pursue criminal or civil investigations or to press charges The Courts of Appeals Intermediate The losing party in a case heard by the federal district courts can appeal to the appropriate appeals court 11 numbered circuit courts 12 h DC court of appeals that hears cases by federal regulatory commissions and agencies cases 13 h US that hears patents and financial cases against the federal gov t Have no original jurisdiction Try to correct errors that may have occurred in lower courts Hear no new testimony o Briefs are submitted Stare decisis decisions made in the Supreme court are nationally binding The Supreme Court Top of the ranks Reviews cases from state supreme courts and courts of appeals Acts as the final interpreter of the Constitution Resolves conflicts amongst states Consists of 8 Justices and 1 chiefjustice Support staff of clerks and 400 staff members Selection of Federal Court judges o Judges nominated by president and approved by senate 0 Senate Judiciary Committee 0 Senatorial courtesypresidents when selecting district court judges defer to the senator in whose state the vacancy occurs Supreme Court Today 0 Americans know little about the Supreme court 0 Lack of interest 0 Courts decorum 0 Does not televise proceedings 0 Writ ofhabeas corpus right of individuals who have been arrested and jailed to go before a judge to see if their sentencing is legal 0 Writ of Certiorari a request for the court to order up the records from a lower court to review the case 0 Court controls its caseload through the certiorari process 0 All petitions for certiorari must meet two criteria 0 The case must come either from a US court of appeals a special threejudge district court or a state court of last resort 0 Case must involve a federal question This means that the case must present questions of interpretation of federal constitutional law or involve a federal statute action or treaty 0 Rule offour cert is granted when at least 4 judges want to hear the case Selection of cases 0 Characteristics of the cases the Court accepts 0 The federal government is the party asking for review I Solicitor General Official in the Justice dept that represents the president in federal court The case involves conflict among circuit courts The case presents a civil rights or civil liberties question The case involves ideological andor policy preferences of the justices 0000 The case has significant social or political interest as evidenced by the presence of interest group I Amicus Curiae briefs briefs filed by outside parties who have an interest in the outcome of a case Hearing the Cases 0 Oral arguments 0 Conference and vote 0 Writing opinions C Civil Liberties Chapter5 11232010 CIVIL RIGHTS amp CIVIL LIBERTIES 0 Civil Rights 0 Those protections by government power 0 Things government must secure on behalf of its citizens 0 Equal opportunity 0 Civil Liberties o The constitution s protections fr government power 0 Rights that cannot be taken away 39 Speech Religion Privacy CONSTITUTION 0 The constitution as it emerged in 1787 did not seriously address civil liberties 0 Framers first thought a bill of rights was not necessary 0 Others thought listing the rights might imply that the federal government had the authority to restrict freedoms not expressly protected BILL OF RIGHTS o Framers understood that civil liberties policy would at times check majority preferences 0 First Amendment 0 Congress shall make no law Respecting an establishment of religion Prohibiting the free exercise thereof Abridging the freedom of speech Or of the press Of the right of the people to peaceably assemble And to petition the government for redress of grievances BILL OF RIGHTS CHECKS M A O R ITY R U L E 0 The clear and absolute language of the Bill of Rights offers little latitude to politicians who might want to change its constitutionally protected liberties 0 Some not as clear cut 39 Establishment clause of First Amendment 39 Does it prevent prayer in public schools 39 Eighth Amendment 39 What does cruel and unusual punishment mean NATIONALIZATION OF CIVIL LIBERTIES 0 Over the past century or so determination of national policy in the field of civil liberties has s 39 te 0 Once exclusivejurisdiction of states and communities 39 Barronv Baltimore 1833 39 Public state blockage of a private wharf 39 Barron sued arguing the 5th amendment no person shall be deprived eofe1 property without due process of law applied at 39 Courtsaidit doesn t 0 Basically rendered the Bill of Rights meaningless for most citizens uarrels were with their states and not the fe eral government INCORPORATION 0 Incorporation is the process of bringing state laws and practices under Bill of Rights protections by applying the 14th Amendment to the states 0 The Fourteenth Amendment was intended initially to protect former slaves by explicitly declaring the rights of citizenship were not subject to state controls 11232010 INCORPORATION VIA THE 14TH A M E N D M E NT 0 Through the process of selective incorporation the piecemeal application of the various provisions of the Bill of Rights to state law and practices civil liberties have gradually nationalized 0 Selective incorporation was a process largely worked out through the courts 0 Trends in civil liberties tend to reflect the shifting ideological composition of the court INCORPORATION VIA THE 14TH A M E N D M E NT 0 First in 1897 with the 5th Amendment 0 Taking property without compensation 0 In the 1930s and 1940s the First Amendment freedoms were taken up by the court 0 In the 1960s 0 Fourth Search and Seizure 0 Fifth Double Jeopardy Self lncrimination 0 Sixth Right to a speedy trial confrontation of witnesses FREEDOM OF SPEECH 0 Amendment 1 Congress shall make no law abridging the freedom of speech 0 Freedom of speech is essential to representative government and the exercise of individual autonomy FREE EXPRESSION AN D NATIONAL S ECU RITY 0 Near the end of WWI many states had enacted sedition laws that forbade advocacy of violence or other unlawful means to change the government 0 Schenck v United States 1 91 9 attempt to define the degree to which federal legislation must protect free speech 0 Justice Oliver Wendell Holmes created the clear and present danger test 0 Now have imminent lawless action test Interest Groups organizations that try to achieve their goals with government assistance lobbyingefforts ofinterest groups to in uence government decision making may involve direct or indirect action directgetting in contact with a official indirectsway public opinion on test ifyou are an interest group you are more likely to give money to people who already agree with you or are your friends people organize and lobby to promote interests enhance their influence but not all groups are equally successful Founders feared the harmful effects of interest groups they didn t limit the interest groups because ofthe 1st amendment they created rules and institutions to make it dif cult for a single group to dominate or constantly prevail Americans complain about interest groups wary that constitutional checks do not prevent the manipulation of government decision making eXbanking crisis because of deregulation why interest groups form constitutional rights facilitate group formation the US is racially ethnically and religiously diverse gives rise to varying interests and con icting views in response to social changes economic pressures technological developments and government action Historical periods of interest groups rapid industrialization after the Civil War 1900 and 1920 1960s and 70s 1990s Why peoplejoin interest groups Gain in uence benefits psychological social economicdominate interest groups Interest Groups Chapter 13 Logic of Lobbying 0 Logic of lobbying is transparent people who want to influence the decisions of government understand the advantages of handing together and asking powerful friends to help them out governments see the positives of lobbying 0 help them gain support 0 provides information both political and technical modern politics breeds professional lobbyists 0 Madison s Federalist No 10 may not like them but they must be tolerated 0 Solution to the dilemma social and institutional pluralism The flaw in the pluralist heaven is that the heavenly chorus sings with a strong upper class accentquot EE Schattschneider 1152010 C B EMILV39S LIST r39o39iwir xs w Pluralist Defense of Interest Groups 0 David Truman s The GovernmentalProcess 1951 defense of the legitimate role of interest groups consequence of economic development 0 Moreoverthe American political system was particularly conducive to pluralist politics 0 decentralized 0 39 quot Iquot 39 39 39Lufulmb ad quot quot quotquot 0 Idealized conception of system 0 Reality system is biased 0 money information access to authority skill bargaining powerare distributed unevenly Collective Action Problems 0 Incentives for collective action and the barriers to organization vary across different types of groups Mancur Olson The Logic of Collective Action 1965 o someone has to organize the group and find the resources o problems such as free riding must also be overcome AMERICAN CIVIL LIBERTIES UNION 1152010 Getting Members The Problem with Collective Action 0 Some kinds of groups solve the problem more easily than others 0 small groups are easier to orpnize than large ones 0 interestswth people wi I muchat stake are easierto orpnize than th little at stake 0 Group size and stakes often are inversely related compounding the bias 0 may explain why lobbies representing narrow economic interests predominate In py The Problem of Collective Action 0 Why arethere so many public interest lobbies 0 rationality overcome by the willingness to contribute to groups espousing causesthey care about 0 moralincentives 0 the pemonal satisfaction of selfrexpression 0 Other large organizations circumventthe collective action problem by offering selective incentives 0 benefitsthat can be denied to individuals who do not join and contribute GREENWACE pyre Contemporary Interest Groups 0 Interest group universe is expandin g 0 many sponsored by institutions such as corporations and 39 tc labor unions e 0 government entities d local statean colleges o tribes 0 Patrons and universities Many prominent public interest groups are financed mainly by membership dues and small contributions 0 Membemhips and budgets fluctuate with economic circumstances NARAL oquot m on Whyha vantt t EWW 39 39 proliferated 0 Social ferment of civil rights and Vietnam eras spawned many organizations that lobbied for change 0 Increases in affluence and education of middle class provided growing cliente e 0 Technological advances made coalescing as a group more possible Wile my havgntt FgT W 39 39 proliferated 0 Inspiration of rival groups and imitators 0 Encourage 0 stimulate US a ment of the federal government d the orpnimtion of business interests erce h rnber ofCornrn o Bu siness Rou ndtable 0 encouraged the prolifemtion of orgnizations in the nonprofit and public sectors America National 0 Emergeto n Farm Bureau Federation Organization for Women defend govern ment programs Study Guide for Chapter 12 The Presidency Answers should come from lecture and your textbook Gatesways Geer et al 1What are the qualifications for the presidency natural born citizen 35 yrs of age resident of US 14 yrs 2 Where do we find these qualification requirements in the Constitution Article II Section 3 Before 1947 if the president or vice president could not fulfill the term who filled in Congress designates a successor by lawWhat did Congress do to change the existing lam President and VP could be elected together and the succession line is explained in the next Question What was the order of succession after 1947 speaker of house pres pro tempore cabinet secretaries cabinet departments etc 4 We had a replacement forthe president but there was no replacement rule forthe vice president until the 25th Amendment What did it stipulate require President nominate a replacement VP with a majority approval of House and Senate 5 Who was the first Vice President determinedchosen using the rules in the 25th Amendment 1967 NixonFord following the resignation of VP Spiro Agnew What else did the 25th Amendment cover calls for a temporary transfer of power from president to VP in cases of incapacity meaning if the president is sedated in surgery 6 What does the 22nd Amendment do limits the president to 2 elected terms What is the story with this Amendment It was more or less a tradition starting with GWashington stepping down after 2 terms Longstanding president FDR in 4th term could expand the Exec branch s power too much Do you think politics were involved see pg 411 of your textbook 7 What are term limits limits on of terms an elected official may serve 8 What is a lame duck end of the final term of a president 9 Which states seem to have produced larger numbers of presidents than other states pg 413 VA Ohio NY Massachusetts the better one gets along with Congress the more fluid his ideas will pass 10 Has the office of the presidency expanded over time Yes How so The nation grew in size population economic power so the exec branch grew accordingly Then america became focused on imperialism subsequent to cold war 1948 11 What are the powers of the presidency given by the Constitution commander in chief grant pardons make treaties receive foreign ministers appoint ambassadorsjudgescabinet ensure laws faithfully executed 12 What are some of the limits on the president39s powers appointees must be confirmed by Congress amp impeachment by congress 13 What are the roles that president assumes and the powers associated with each This is a big question so break it down The slides should be helpful slides are helpful and posted on elc so look it up yourself 14 What is the difference between clemency a pardon and commutation clemency mercy on crimes pardon full forgiveness of crime commutation shortening of a federal prison sentence 15 How does the impeachment process work House Judiciary Committee investigates charges and makes full recommendation whether to impeach or notwhich is the trial in the full House lf House decides to take him to trial then the Senate holds the trial w chiefjustice of SC there supermajority of senate vote 23 Who are the presidents who have been Study Guide for Chapter 11 Congress Answers will come from both lecture and your textbook Geer et al Gateways 1 What is the difference between a delegate and a trustee a Delegate does what the people want Trustee does what they believe is best for the people 2 What does it mean that we have a bicameral national legislature Why did the Framers create a bicameral legislature rather than a unicameral one a Balance between state power and power for the people Minority rights of smaller states aren t taken away 3 How are the two chambers the House and the Senate different from each other rules size dutiesetc How do their occupants differ What are the implications of these differences a House has a lot more people based on population of state Senate has 2 people from every state Senate term is 6 years House is 2 4 What is a constituency How do the constituents of the House members and the Senators differ a A constituency is defined by a group of citizens officially designated to elect a legislative representation b In the House each member represents a congressional district that has established geographic boundaries In the Senate each represents an entire state 5 Explain the process of redistricting Why is the US Census important in this process a Redistrict every 10 years based on the census Based on population 6 What is gerrymandering What is the difference between cracking and packing a Redistricting that benefits one political party over the other Cracking is splitting up minorities while packing is putting them all together 7 Discuss the powers of Congress that are found in Article I Section 8 a Taxation and appropriation what is it39s power to spend gives Congress power to tax to provide for the general warfare b War Powers provide for the common defense Have the power to declare war c Regulation of commerce commerce clause power to regulate commerce with foreign nations with Indian tribes and among the various states d Appointments and treaties 1 power ofadvice and consent power of the senate to approve or disapprove presidential appointments such as cabinet secretaries ambassadors and judges as well as international treaties e Impeachment who does this and removal from office who does this Congress s ultimate check is their ability to impeach f Do you think the Framers made this a twostage twoplayer process on purpose Why This is to make sure that the leader is being properly impeached Authorization of Courts 1 Where does Congress get this power from From the constitution ii What is judicial review and why is it important Essentially checks and balances h Oversight i Why is oversight different when there is unified government as opposed to divided government In Unified government the same party controls Congress and the White House It is the opposite for divided government ii What are hearings Why are they important Congressional committee meetings to gather information or hear testimony on a bill issue or appointment 8 How is parliamentary government different from the separation ofpowers system in the US Parliament elects a party while Congress elects aerson 9 What is the role ofpolitical parties in the House and Senate What do they do How are they organized Who are their leaders Why is the Speakership in the House so important What do whips do How is the Senate different in terms of leadership a To have two options b Present those two options c Speaker of the House is the constitutional and political leader of the House d Whips are legislators designated to count votes within the majority or the minority party 10 Why are committees so central in the House and Senate Why are they the workhorses of Congress 11 What is a committee chair and why are it an important post Who else is important on the committee a Majority party member ofa House or Senate committee who has been chosen to lead the committee and determine which issues the committee considers Define each type of committee what do they do and how important are they standing select joint and special committees Iwill ask you to define conference committees later a Select committee committee in the House or Senate that has very limited powers over a specific issue b joint committee committee that includes members ofboth the House and Senate c Special committee committee formed to address a specific issue area or controversy typically for a defined period of time d Standing committee permanent committee in the House or Senate 13 What is the markup a Process where bills are literally quotmarked up or written by the members of the committee 14 What are subcommittees and why do they exist 15 You should also be able to name at least five committees in the House and in the Senate H N a House Armed Services Budget Education and Labor Foreign Affairs Rules b Senate Armed Services Budget Foreign Relations Finance Iudiciary 16 What is an advocacy caucus and why is their role a Group ofmembers of Congress from both parties who share a common background economic interest or opinion on an issue that re ects their constituents interests 17 Please make sure to outline how a bill becomes a law You need to know the steps that a bill goes through before becoming a law And it is very important to understand the differences in the process between the House and the Senate and why they matter or what difference they can make I have noted some important specifics below a House Committee on Rules b filibuster and cloture c unanimous consent agreements d holds 18 What happens when a bill goes to the oor what is a roll call vote a People vote Vote that a house or senate member casts on a bill or amendment when his or her name is called 19 What is a partyline vote a Voting according to party position 20 What does the conference committee do How are compromises between different versions of the bill reached Are conference committees being used as often these days Why or why not a Temporary committee created after a bill passes the House and the Senate to resolve any differences in the provisions of the bills so a single bill can be sent to the President 21 What is the federal budget a Money Congress allows the country to spend 22 What is a deficit a Difference between the amount ofmoney the government spends and the amount ofmoney it receives from revenue 23 How does the budget process workin the US Make sure you understand what a concurrent budget resolution is as well as continuing resolutions and the process of reconciliation We have not talked about this in class but if anyone has any questions please post them on the discussion board and we will clarify 24 What are entitlement programs and why are they important in the budget process a Federal programs such as Social Security Medicare or Medicaid that pay out benefits to individuals based on a specified set of eligibility criteria 25 What is the Byrd rule and how is it related to reconciliation a Requires that reconciliation be used only to reduce the federal deficit 26 What can the president do when he receives a bill Make sure to know all of the options a Veto pocket veto override or pass 27 What do members of Congress actually do Study Guide Interest Groups Make sure to review all the material on the lecture slides Then be able to answer all the questions from the text that are posed below 1 How do we define interest groups A group of citizens who share a common interesta political opinion religious or ideological belief social goal or economic characteristicand try to influence public policy to benefit themselves What is the difference between a proactive and a negative group Proactive groupgroup that forms when an enterprising individual sees an opening or opportunity to create the group for social political or economic purposes Reactive group forms to protect the interests of members in response to a perceived threat from another group or to fight a government policy they believe will adversely affect them or to respond to an unexpected external event Why is the Constitution so important to the development and continued existence of interest groups The first amendment states that Congress cannot prohibit quotthe right of the people peaceably to assemble and to petition the Government for a redress of grievancesquot This right to assemble is the right of association Right of Associationright to freely associate with others and form groups protected by the first amendment What is lobbying Lobbyingact of trying to persuade elected officials to adopt a specific policy change or maintain the status quo What is a grassroots movement Grassroots movementgroup that forms in response to an economic or political event but does not focus on only one issue We talked about private and public in class Your book does not organize them into two major categories but instead talks about three types economic these are the material incentive groups like business laborunion and agricultural ones we discussed in class as well as corporations and trade and professional associations ideological and foreign policy The others might fall under our public type ifthey are not motivated by material gain and if the benefit is to be shared Make sure you know the differences among these groups what are their goals How do they differ What is the difference between a single issue group and a multiple issue group single issue groupgroups that form to present one view on a highly salient issue that is intensely important to their members such as gun control or abortion multiple issue groupmuti issuewomen39s rights raceethnicity What is polarization and why is it important to ideological groups Polarizationcondition in which differences between parties andor the public are so stark that disagreement breaks out fueling attacks and controversy Because this type of group gets its 5 H O power from the fact that it has agreement within its ranks on a highly salient issue it discourages debate and disagreement within the group and any type of compromise outside the group What do foreign policy groups do Foreign policy groupsgroups founded to create support for favorable US policies toward one or several foreign countries What do interest groups in general do Discuss what it means to lobby to inform etc Informall interest groups provide information to their members the media government officials and the general public The type of interest group dictates the kind of info it disseminates In today39s information age it is a much more difficult task to keep information confidential or limit access to it so interest groups do more than merely report on current policy developments they also provide members with an interpretation of how these developments will affect the group39s mission and goals Lobbyalmost every kind of group with every kind of economic interest or political opinion engages in one form of lobbying or another including business firms trade and professional organizations citizens groups labor unions and even universities and colleges At the federal level even state and county government officials maintain lobbying offices in Washington DC separately and as a part of larger national groups like the National Governors Association The US Conference of Mayors and the National Conference of State Legislatures Engage in Campaign Activitiesinterest groups also promote their views by engaging in campaign activities though federal law regulates their participation Groups with a tax exempt with a tax exempt status are prohibited from engaging in any activity on behalf of a candidate or party in an election campaign 501c3organizationtaxexempt groups that are prohibited from lobbying or campaigning for a party or candidate Political Action Committees PACsgroups formed to raise and contribute funds to support electoral candidates subject to campaign finance laws Issue advocacysponsoring advertisements issue ads or distributing literature on a policy issue rather than a specific candidate 4 l in r W ll H in W quot Initiating action blocking actions influencing appointments Lobbying frequently involves a multipronged strategy Groups usually try an inside lobbying strategy first in which they deal directly with legislators and their staff in asking for a specific policy benefit or in trying to stop a policy that they oppose Watchdogrole of monitoring government actions How do interest groups engage in campaign activities What is a PAC What is a 501GB organization What can they do 501c3organizationtaxexempt groups that are prohibited from lobbying or campaigning for a party or candidate Political Action Committees PACsgroups formed to raise and contribute funds to support electoral candidates subject to campaign finance laws 13 What is issue advocacy and how did they get around certain election laws H h Do you think campaign spending is a form of free speech 15 Issue advocacysponsoring advertisements issue ads or distributing literature on a policy issue rather than a specific candidate Why or why not 7 Make sure to include everything actual in uence mic from leadership and membership issues v H W to Leadership accountabilityuses interest group entrepreneurs to organize citizens into groups They take leadership roles in directing the group39s activities Benefits of being a leader salary as paid staff member the prestige associate with being a group leader and extra influence over the group39s goals and strategies lf interest group leaders do not act in good faith on behalf of their members the legitimacy of the policies they promote can be called into question Membership tability whether a group is small or large attracting and keeping members over time are essential to its survival selective benefitsbenefits offered exclusively to members of an interest group These can include Material benefits tangible benefits available only to members of a group such as discounts and monthly magazines Solidarity benefitsBenefits to members of a group that are intangible but come from interacting with people who have similar professional or personal interests Expressive benefitsbenefits to interest group members of having a specific opinion expressed in the larger social or political sphere free rider problem problem faced by interest groups when a collective benefit they provide is so widespread and diffuse that members and nonmembers alike receive it reducing the incentive for joining the group public goodsgoods or benefits provided by government from which everyone benefits and from which no one can be excluded tangible benefitsthere is no easy answer to this question so large interest groups take no chances with maintaining their members economic and political changes changes in both the economy and the political environment can affect the stability of a group39s membership Financial Stabilitytogether with keeping a membership base groups must also establish financial stability Groups of all types require money to sustain their organizations and they collect it from various sources including membership dues royalties on magazines and other publications contributions from corporations and foundations and outside contributions from nonmembers Influence in the Public Spherethe extent to which an interest group appears to influence public debate on an issue of concern to its members is another characteristic of success The legal immigration processthe legal immigration process is jointly administered by the US Department of State and US Citizenship and Immigration Services USCIS green cardpermanent resident card issued to those immigrants who are eligible Study Guide GatewaysChapter 9 Political Parties 1 What is a political party Broad coalitions ofindividuals who organize to win elections in order to enact a commonly supported set of public policies What is a political party platform Why is it important Document that lays out a party s core beliefs and policy proposals for each presidential election What are the three categories in which we divide overall party in lecture and text 1 Party in the Electorate 0o of voters who are likely to choose a party s candidates in an election 2 Party in Govt members of govt who share same party af liation and work together to accomplish the party s electoral and policy goals 3 Party as an organization Internal structure of a political party at the city county state and federal levels What do parties do How are they different from interest groups Interest groups have narrower interests than political parties How do we de ne party in the electorate see above What is party identi cation Is it likely to be transmitted from parent to child Attachment or allegiance to a political party partisanship Likely transmission from parent to child What is voter registration Enrollment required prior to voting to establish eligibility Proof of identity etc How are parties a gateway to elected of ce Volunteering for local parties provides valuable experience and can be the start to a political career Rising in the ranks through party organizations is a common political start to candidates seeking public office What are parties in government and what do they do Group of elected of cials who share same party affiliation and work together to accomplish party s electoral and policy goals What is a party caucus Group of party members in a legislature What are party organizations Why are they important a National committees Top level of national political parties coordinates national presidential campaigns Job is to get the party s presidential nominee elected every four years Choose site of national convention b National convention Held every four years Purpose is to select party s nominee for president but in recent years the nominee has been well known well before the convention Mostly ceremonial now c State central committee Top level of state political parties helps recruit and raise money for statewide candidates and drafts stare party policies d Local party organizationcounty party organization first level of political parties recruits candidates for lower level elected of ce registers voters and ensures they get to the polls on election day 12 What is an incumbent occupant of elected of ce 13 How does the election cycle process work What happens at each phase 57 a Primaries 7 what kinds are there and how do they work Elections in which voters select candidates who will run on the party label in the general election also called direct primary i Closed primary one in which voters must affiliate with a party before casting a vote semiclosed prim ary primary election in which party affiliated voters and nonaffiliated voters can choose which party s primary to vote in iii open primary voters do not have to affiliate with a party before voting Sometimes runoffs Election held after an initial primary in which voters select from the top two primary candidates guaranteeing a candidate s nomination by majority vote General elections Primaries determine who will run in the general election Election in which voters choose their elected officials 14 How is the presidential nomination process different from other primaries and general elections In presidential primaries voters vote for a candidate but what they are really doing is choosing a delegate who will support that nominee at the party s national nominating convention Number of delegates allowed to each state is determined by electoral college votes of that state and size of party support in that state Why is timing of a primary early or late in the process in presidential nominations important What is the effect offrontloading States that hold their primaries early in the process give the winning candidate early momentum and a stamp of approval Those who are leading early tend to finish in first Frontloading holding many primaries simultaneously early in the year 16 How did political parties begin in our early American history They emerged from disagreements among the framers a 57 Political factions Federalist vs Antifederalists but they were not organized political parties factions are groups that place their own interest above the interests of society Originally Federalists were those who argued for the constitution Antifederalists were against it Federalists won Federalists versus Democratic Republicans Democratic Republicans shortened to republicans started by Thomas Jefferson to oppose strong central govt advocated by federalists 0 F D quot7 03 F End of Federalists and dominance of Jefferson s Democratic Republicans Dem Republicans occupied White House for next 28 years after Jefferson elected in 1800 Federalists diminished and faded away Era of Good Feelings and then factionalization of Democratic Republicans Andrew Jackson started divide within dem republicans bc he wanted to take the party to a new level of inclusiveness Andrew Jackson and the Democratic Party Jackson led democrats emerged as a large grassroots majority party Emergence of the Whigs as opposition to Jackson Whig party formed to oppose Jackson democrats Objected to Jackson s abuse of presidential power for partisan gains Slavery as a divisive issue 7 kills Whigs whose party splits along North and South lines due to conflict over slavery Emergence of Republicans split among Democrats into North and South but survives as a party Several third parties mostly ones with abolition as their main cause banded together to form the modern Republican party Elected Abraham Lincoln six years later 1861 to presidency i Republicans first third party to become a major party and only one to do that 17 What is the patronage system Party bosses Machine politics Patronage system Political system in which govt programs and benefits are awarded based on political loyalty to a party or politician Party boss party organization leader who controlled the distribution of public funds by rewarding party supporters and punishing opponents Machine politics Party organization dominated by a party boss who controlled the distribution of publicjobs and commanded groups of voters to support his preferred candidates While the party machines dominated the 19 11 century during the Golden Age of Parties the 20 11 century brought the Progressive Movement What reforms did the progressives initiate and what impact did they have on parties Progressives believed that govt was being controlled by corrupt elites who were using power to enrich themselves rather than serve citizens a 57 0 Civil service reformmerit system 7 eliminate patronage Merit system changed employment in the federal bureaucracy in that employees were chosen based on merit not the whims of some party boss Australian secret ballot voting system in which state govts run elections and provided voters the option of choosing candidates from multiple parties Improved privacy of voting reduced unfair control of election outcomes Direct primaries direct primaries run by state as a means of nominating party candidates Replaced practice of nominating candidates in local and state party conventions made party bosses less effective Political Science Test 1 Review Chapter 1 The Logic of American Politics Politics the process through which individuals and groups reach an agreement on a course of common or collective action even if they disagree Bargaining prolonged exchange of proposals and counterproposals to reach a collective decision Compromise settlement in which each side concedes some preferences to secure others Preferences the givens individuals or groups know what they want Institutionsorganization that manages potential conflicts between political rivals helps them to find acceptable solutions and makes and enforces the collective agreements replaces violence sets rules and procedures to promote successful collective action Constitution the set of rules and procedures these institutions must follow to reach and enforce collective agreements Government consists of institutions and legally prescribed process for making and enforcing collective agreements Offices confer on their occupants specific authority and responsibilities Authority acknowledged right to make a particular decision Only presidents possess the authority to nominate federal judges Power refers to the officeholders influence with other office holders and over government s actions Collective Action efforts of a group to reach and implement agreement common goal compare preferences agree is preferable to proposed alternative Coordinationmembers of the group must decide individually what they want and what they are prepared to contribute to the collective enterprise and how to coordinate their efforts with those of others Prisoners Dilemma individual decides that even though they support some collective undertaking they are personally better off pursuing an activity that rewards them individually despite undermining the collective effort eliminate by providing huge incentives individuals would benefit with cooperating with each other but also have a powerful and irristable incentive to break the agreement Focal pointcommon purpose FreeRider Problem situation in which individuals can enjoy the benefits of collective effort with out contributing Government uses laws to induce participation taxes Tragedy of the commons individuals costless consumption ofa public good that results in its ruination pasture Regulation setting up rules limiting access to the common resource and monitoring and penalizing those who violate them Privatizing converting it from a collective good to a private good dividing private land to people Transaction costs costs of doing political business reflected in the time and effort required to compare preferences and negotiate compromises in making collective decisions rise sharply as the number of participants increases used to make some collective activities more difficult Conformity costs difference between what a person ideally would prefer and what the group with which that person makes collective decisions actually does Individuals pay conformity costs whenever collective decisions produce policy outcomes that do not best serve their interests dictator decides what national policies are low transaction high conformity costs Command authority gives its holder comprehensive control of those within the scope of its authority Veto the right of an official or institution to say no to a proposal from another official or institution 23 vote in each chamber to override the veto each legislative chamber holds veto over the legislation emanating from the other chamber Agenda control the ability to set choices for others tax bills originate in the house and the house sets the senate s agenda on this topic Majority rule decisions should reflect the preference of more than half of those voting Simple majority one half plus one Tyranny form of government in which ruling power exploits its authority and permits little popular vote Plurality the candidate with the most vote wins regardless of getting majority Supermajority majority larger than 51 to pass something such as 23 of th house and senate to override the veto Principals possess decision making authority Agents who exercise it on behalf of the principals president appoints staff members to promote interests on behalf of the administration Agency loss discrepancy between what the principal would ideally like its agents to do and what they actually do Representative government citizens vote for their government officials who act as their agents to deliberate and act on behalf of what they want Direct Democracycitizens make policy decisions by voting on legislation themselves rather than delegating that power to representatives Republic voters elect their representatives but the reps are constrained in flowing the majorities dictates by constitutional guarantees and by institutions and rules requiring exceptionally large majorities for certain decisions Parliamentary government the chief executive is chosen by majority party or by a coalition of parties in the legislature Separation of powersthe distribution of government powers among different branches president congress and supreme court Politicians professionals who specialize in discovering collective enterprises that unite citizens with different values and interests Coalition a combination of unlikeminded interests who nonetheless agree for their own distinct reasons to a common course of action Private goods things people buy and consume themselves in a marketplace that supplies these good according to the demand for them homes cars food Public goods everyone participate in supplying and can freely consume taxes for roads legal system civil liberties Collective goodsgoods that are collectively produced and are freely available to anyone Chapter 2 The constitution Home rule power given by a state to a locality to enact a legislation and manage its own affairs locally Home rule also applied to Britain s administration of the American colonies distance limited Britain s capacity to govern the colonies elected assemblies to initiate and levy taxes Stamp Act imposed tax on all printed material including legal documents licenses insurance papers and land titles Stamp Act congress colonies sent delegates to a conference to unanimously agree on a resolution condemning the tax could not agree on a course of action though Boston Tea Party dumped 342 chests of tea to protest the tax imposed on tea Britain responded by imposing Restraining and Coercive acts which closed the port of Boston to all commerce dissolved the Massachusetts assembly and put British troops in American homes First continental Congress passed resolutions condemning British taxes adopted Declaration of American Rights formed committees of observation collected taxes raised militias passed laws and selected delegates for the 2quotd continental congress Second Continental Congress created first bonds and established a national currency created a national army Bicameral legislatures 2 chambers Common sense Book written by Thomas Paine to put the independence issue at center stage Declaration of Independence Document drafted by Thomas Jefferson that declared the independence of the colonies from Britain Articles of Confederation compact among 13 states that formed the basis for the first nation government Confederation political system in which states or regional governments retain ultimate authority except for those powers they expressly delegate to a central government highly decentralized system States have the power to override the government s decision In the new government the states each had one vote Major laws required 913 state delegations while fundamental changes like direct taxation required unanimous agreement to amend the constitution Shay s Rebellion uprising of 1786 led by Daniel Shays to protest the states high taxes and aggressive debt collection policies The rebellion demonstrated a fundamental weakness of the Articles its inability to keep the peace and stimulated interest in strengthening the national government leading to the Philadelphia convention that framed the Constitution Nationalists constitutional reformers led by James Madison and Alexander Hamilton who sought to replace the Articles Opposed at the constitutional convention by states rights proponents the nationalists favored a strong national legislature elected by the citizenry rather than by the states and a national government that could veto any state law it deemed unconstitutional Popular sovereignty citizens delegation of authority to its agents in government with the ability to rescind that authority John Locke individual rights limited scope of government authority Sir Isaac Newton physical relation force fulcrum laws of politics check power with power Charles Baron de Montesquieu classification of governmental functions and forms of legislative executive and judicial branches limited government David Hume competition among contending interests Virginia Plan two chambers with representation based on state population Lower chamber elected by citizenry Upper chamber executive and courts elected by lower house Legislature can make any law and veto any state legislation Council of Revision can veto legislation but legislature can override by majority vote New Jersey Plan Single house chamber with equal representation Legislature has same power as under articles with added authority to levy taxes and regulate commerce Can exercise supremacy clause over states Plural executive can be removed by legislature courts appointed by executive Supreme court hears appeals in limited number of cases Great compromise Two chamber legislature with lower chamber house representation basd on population and upper chamber senate based on equal representation for every state Authority to levy taxes reserved to lower chamber Necessary and proper clauseLast clause of Article section 8 Grants congress the authority to make all laws that are necessary and proper and to execute those laws Commerce clause gives congress authority to regulate commerce with other nations and among state Checks and balances separation of powers between the branches Take care clause the president must take care that the laws be faithfully executed Veto negative action that allows executive to perform checking on legistlation Gateways Study Guide Chapter 3 1 What is the difference between confederal unitary and federal systems Make sure to define each and note what makes them different from each other 0 confederal system system of government in which ultimate authority rests with the regional for ex state governments Limits power on the national government 0 unitary system of government in which ultimate authority rests with the national government The national government has virtually every power 0 F 39 quot system ofg in which 395 is 39 39 quot divided between national and state governments national and state governments derive their authority from the ppl 2 What type of government do we have in the US in terms of how our sovereignty is constitutionally divided Federalism It was a new system of government the Framers established So it was an experiment in a way and other countries around the world were watching to see if federalism would work or not Discuss the differences between how the constitution allocates national powers state powers 5 reserve and shared powers concurrent o reserve powers retained by the states under the Constitution Ex licensing 0 concurrent powers powers held by both the national and state governments in a federal system These powers include taxing borrowing and spending money making and enforcing laws establishing court systems and regulating elections 4 What are some of the powers that the Constitution limits a Congressional limits Suspending writs of habeas corpus ex post facto laws 0 The Constitution prevents Congress from suspending the writ of habeas corpus the right of individuals who have been arrested and jailed to go before a judge who determines if their imprisonment is legal ex post facto laws the passage of any law that declares an individual guilty of a crime or any law that makes an act illegal after the fact is illegal b Limits on state governments the states need to have a Republican Form of Government guarantee clause 0 states are also limited by the 14th and 15th amendments 0 14th prohibits the states from denying any person due process of law and the equal protection of the laws due process clause 15th prohibits states from denying the right to vote on account of raceequal protection clause 5 How does the Supremacy Clause lay the groundwork for the relationship between the nation and the state a What is preemption doctrine by which extensive federal regulation can prevent regulation by the states Ex if Congress and states both seek to regulate an area of concurrent authority such as pollution control or the minimum wage the supremacy clause requires states to meet national standards if national standards are higher than state standards 9 N 99 O W 4 b How does the Tenth Amendment fit in reserves the powers not granted to the national government to the states or to the people c The doctrine of sovereign immunity doctrine holding that states cannot be sued without their permission What is the commerce clause and how was it meant to help alleviate some of the problems under the Articles of Confederation commerce clause gives Congress the power to regulate commerce with foreign nations with Indian tribes and among the various states This prevented states from refusing to trade with other states States may tax gods from other states equal to the amount that they tax goods produced in their own states but they cannot charge extra taxes to goods that are made out of state What is the full faith and credit clause and what was its function requires states to accept civil proceeding from other states ex marriage Privileges and immunities clause requires states to treat nonresidents equally to residents What does it mean when we use the term nationalization What is this process and why was it important in terms of federalism nationalization the process of becoming one nation It is important in federalism because although the powers are separated into two they have to cooperate in order for federalism to work Power leans toward to central government What is the difference between nationcentered federalism and statecentered federalism Which one of these views is promoted by states righters How is the doctrine of nullification related to this 0 nationcentered federalism view that the constitution and the federal government derive from the people not from the states Hamilton favored this view 0 statecentered federalism view that the states created the constitution and the federal government Jefferson favored this view Why was McCulloch v Maryland important It gave Congress the right to create a bank This helped congress to coin money and collect taxes and declared that the creation of a bank helped reach those goals Thus creating a bank was an implied power that fell within the scope of authority granted by the necessary and proper clause The debate over national authority to establish a national bank What about Gibbons v Ogden How did it influence nationalization supreme court decision giving broad latitude to Congress under the commerce clause Congress could regulate interstate commerce While federal power grew during this early period via these court decisions the issue of slavery and subsequent Dred Scott v Sandford decision focused attention back on the states rights arguments a Civil War and the Civil War Amendments Congress could prevent states from denying people equality but it could not prevent private businesses or individuals from doing so What is the difference between Dual 39 quot and C r 39 Cquot quot f 39 quot 3 Which better exemplifies the relationship between the national government and state governments today Study Guide for Gateways Chapter 6 Public Opi nionD 1 What is public opinion The aggregate of individual attitudes or beliefs about certain issues or officials and foundation of any democracy Law of anticipated reactions Public opinion influences govt even though it doesso indirectly and passively 2 How can it be measuredD Polls surveys of public opinions are the most rel iable indicators of what public isthinki ng Other ways laws passed in state legislatures attendance at rallies tone of letters sent to elected officialsor newspapers amount of money given to particular causes etc DWant a random sample of people to prevent biases D 3 What isa straw pollD Ballot polls by 19th century newspapersto predict the outcome of elections Often inaccurate D 4 What isa random sampleD Method of selection that gives everyone who might be selected to participate in a poll an equal chanceto be included D 5 What isscientific polling and why is it importantD Method of polling that provi desa fairly precise reading of public opinion by using random sampling George Gallup D Makes it possi ble to aethe public opi nionswith some degree of ease and accuracy Also permits greater equality in ng public opinion D 6 What isthe difference between a sample and a populationD Sample Subset of a population from whid1 information is collected and analyzed to learn more about the population asa whole Typically 1000 people D Population Groupthe poll isto represent D 7 Why do you want a representative sampleD So that the polling sample is not biased All members of the population need to have an equal chance of being included D 8 What isa tracki ng poll and what can it tell youD Pollsthat seek to gauge the change of opinion of the same sample size over a period of ti me common during the cl osi ng months of presi dential el ecti ons D Tells us how opinions are shifting D 9 What isan exit poll and how is it most often usedD Pollsthat suney a sample of voters after they eltit the voting booth to predict outcome before ballots are officially counted D 10 What isa push poll and how arethey usedD Pollsthat are designed to manipulatethe opinions of those being polled Present respondents with biased information to shift opinion D 11 What issampling error and how can you best avoid itD Measure of the accuracy of a public opinion poll reported as a percentage DAvoid by having largerandom sample sizesD 12 Why isthe question wording of a survey importantD Can infl uence the decision of the respondent if worded with a bias D 13 What are nonattitudesD Sources of error in public opinion pol ls i n whid1 indivi dualsfeel obliged to give an opinion on something when in reality they are unaware of the issue or have no opinion on it Often called doorstep opi nionsD 14 What is a response rate What is polling fatigueD Proportion of the public who respond to inquiries from pollstersto do surveysD Polling fatigue isthe decrease in voters responding to surveys D 15 What factors drive public opinion D Socialization the impact and influence of one s social environment on the vi ews and attitudes one carries in life a primary source of political attitudes Political attitudes are influenced by parents or possi bly one sgenes D Personal Experience unique to individual can influence how they feel about an issueD Generational Effects effects on one s personal opinions related to the era in which one lives Major events can d1ange one sway of thinki ng like Great Depr on or 911 Can also be affected by the era in which they were young D Self Interests concerns for one s own advantage and wellbeing Example home owners concerned with issues on property taxes because it rel atesto them personally D Others education reference groups elites and mediaD 16 Why are el ites i mportant in terms of shaping public opinionD El ites are groups of people who may lead public opinion sudw asjournalists politicians and policy makers Elites can influence opinion if a citizen is eltposed to the mge and open to it Product of consistency and intensity that mge isdelivered D 17 What isparty identification and how can it influence public opinionD Party identification is the attad1ment or allegiance to a political party The perceptual lens shapesthe way partisansvi ew the political world and process informationD 18 What is political ideology What the primary ideologiesin America What are levelsof conceptualization How many people are ideological thinkersD Political ideology isthe set of consistent political beliefs The primary ideologiesare liberals and consenatives Levelsof conceptualization is a measure of how ideologically coherent indivi dualsare in their political evaluations About 20 are ideological thinkersD 19 How have the trends i n ideology changed over timeAre we more conservative or more liberal D Declined since 1930s and early 1960s but appearsto be on the rise again D 20 lsthe American public well informed If not doesthis mean they cannot support this democracyD Few actually know the detailsinvolved in politics They can still support democracy because the public still seems to make reasonable dwoices Ex don t like presi dentsat war hold government responsible for issuesthat matter to them such asthe economy D 21 Why are salient issuesimportantD People know more about issuesthat are important to them and know a candidate svi ew on them People can learn quickly about salient issues Ex public understood need to curtail civil libertiesto ensure security D 22 Is public opinion relatively stable over time What might explain the ti mes when it appears it is notD Yeswhen it is not it s because of polls can contain errors i n the survey questions and many issues leave people conflicted but that doesn t mean they are uninformed D 23 Do people always have complete information on the topicsthey are asked to respond to D Not always D 24 What islow information rationality Why is it importantD ldeathat people do not need to have lots of information to make good decisions lt s important because many people base thei r decisions on things other than information sudw asinstincts cues people around them etc D 25 lsthe public polarized What is polarization Who is more polarized our office holders or our publicD Yes but Congress is more polarized The public isseen as being more moderate Polarization isthe condition in which differences between parties andor the public are so stark that disagreement breaks out fueling attacks and controversy 26 What isthe potential effect of polarizationD More personal attacle and greater incivi lity in politics Some say increasing polarization only indicatesthat people care more about who wins el ecti ons and interest in them has increased D 27 lstotal depolarization a good thingD No people would lack dwoice and leads to citizens feeling lecompelled to participate in elections D 28 There are often group differencesin public opinion Please explain the differences to be found Study Guide GatewaysChapter 9 Political Parties 1 What is a political party Political partybroad coalitions of individuals who organize to win elections in order to enact a commonly supported set of public policies 2 What is a political party platform Why is it important Party platformdocument that lays out a party39s core beliefs and policy proposals for each presidential election Party39s main purpose is to win elections in order to control governmental power and implement their policies 3 What are the three categories in which we divide overall party in lecture and text Party in the electorate party in government and party as an organization 4 What do parties do How are they different from interest groups 5 How do we define party in the electorate Party in the electoratepercentage of voters who are likely to choose a party39s candidates in an election 6 What is party identi cation Is it likely to be transmitted from parent to child Party identificationattachment or allegiance to a political party partisanship Yes a reason to join a party stems from family or social environments in which being a member of a party is similar to other personal characteristics 7 What is voter registration Voter registrationenrollment required prior to voting to establish eligibility 8 How are parties a gateway to elected of ce Many candidates who seek public office start out by affiliating with a party in college and rise through the ranks of party organizations Example Josh McKoon Party in governmentmembers of a government who share the same party affiliation and work together to accomplish the party39s electoral and policy goals 10 What is a party caucus Party caucusgroup of party members in a legislature Party organizationinternal structure of a political party at the city county state and federal levels a National committeestop level of national political parties coordinates national presidential campaigns b National convention National committees are responsible for running their party39s presidential nominating convention every four years c State central committeetop level of state political parties helps recruit and raise money for statewide candidates and drafts state party policies d Local party organizationcounty party organizationfirst level of political parties recruits candidates for lowerlevel elected office registers voters and ensures they get to the polls on election day 12 What is an incumbent lncumbent occupant of elected office 13 How does the election cycle process work What happens at each phase a Primaries what kinds are there and how do they work An important way that each voter can have an equal voice in nominating his or her party39s candidates for elected office 1 Closed primaryprimary election in which the voter must affiliate with a party before casting a vote 2 Semiclosed primaryprimary election in which partyaffiliated voters cast votes and nonaffiliated voters can choose which party39s primary to vote in 3 Open primaryprimary election in which voters do not have to affiliate with a party before voting ballots list of candidates who are running for elected office used by voters to make their choices b Sometimes runoffs Runoff electionselection held after an initial primary in which voters select from the top two primary candidates guaranteeing a candidate39s nomination by majority vote c General elections General electionelection in which voters choose their elected officials 14 How is the presidential nomination process different from other primaries and general elections It allows millions of voters to participate directly in choosing the party39s presidential nominee In a presidential primary voters cast a vote for a particular candidate but what they are really doing is choosing delegates who will support that nominee at the party39s national nominating convention In a presidential party caucus which serves the same nominating purpose the process is less formal and more personal in that party members meet together in town halls schools and even private homes to choose a nominee Each state is awarded a number of delegates to the convention based on the number of electoral college votes the state has but also on the size of party support in that state alum win Biggest difference bw democratic and republican nominations is winnertakeall system and proportional representation 15 Why is timing of a primary early or late in the process in presidential nominations important What is the effect of frontloading Larry Bartel39s work demonstrates that states that hold primaries early in the process exert disproportional influence by giving one or another candidate an early stamp of approval and momentum Frontloading holding many primaries simultaneously early in the year 16 How did political parties begin in our early American history a Political factions Federalist vs Antifederalisls but they were not organized political parties Factionsdefined by Madison as any group that places its own interests above the aggregate interests of society James Madison and Alexander Hamilton in the Federalist Papers predicted the rise of factions Although factions were not considered the same thing as actual political parties of the kind that had emerged in Britain the Framers also feared that both factions and parties might encourage divisions in the young democracy that could threaten its very existence Federalistsnitially those who supported the Constitution during the ratification period later the name of the political party established by supporters of Alexander Hamilton AntifederalistsThose who opposed the new proposed Constitution during the ratification period b Federalist versus Democratic Republicans Democratic Republicanspolitical party formed by Thomas Jefferson to oppose the strong central government policies of the Federalists Whig Partypolitical party formed to oppose the Jackson Democrats c End of Federalists and dominance of Jefferson s Democratic Republcians quot39 quot 39 39 g to abolish slavery Third partiesminor political parties that present a third alternative to the two dominant political parties in the American political system Era of Good Feelings and then factionalization of Democratic Repubicans Andrew Jackson and the Democratic Party Emergence of the Whigs as opposition to Jackson Slavery as a divisive issue kills Whigs whose party splits along North and South lines Emergence of Republicans split among Democrats into North and South but survives as a party i Republicans first third party to become a major party and only one to do that 17 What is the patronage system Party bosses Machine politics Fran9 1 political system in which government programs and benefits are awarded based on political loyalty to a party or politician Pd 3 Eil iii party organization dominated by a quotbossquot who controlled the distribution of public jobs and commanded groups of voters to support his preferred candidates While the party machines dominated the 19th century du the 20th a Civil service reformmerit system eliminate patronagesystem of employment in the federal bureaucracy under which employees are chosen and promoted based on merit b voting system in which state governments run elections and provide voters the option of choosing candidates from multiple parties also called the secret ballot c Direct primariesran by the state as a means of nominating party candidates Replaced the practice of nominating candidates in local and state party conventions which were typically dominated by party bosses They are the nominating process used today Limited political choice third parties form obstacles to third parties and independents challenges to party power from interest groups 20 What is the media voter theorem Why is it important Median voter theoremtheory that if voters select candidates on the basis of ideology and everyone participates equally then in a twoparty race the party closer to the middle will win Most people tend to fall in the middle of the ideological spectrum both parties move toward a compromise or middle position Moderatesideological viewpoint that falls between liberal and conservative can be associated w Democrats or Republicans and does not hold consistently strong ideas about whether government should be involved in people39s lives 21 What is a single member plurality system and what does it generally produce Singlemember plurality systemelectoral system that assigns one seat in a legislative body to represent citizens who live in a defined area a district based on which candidate wins the most votes To win that seat a candidate usually needs only a plurality of votes not a pure majority Plurality votevote in which the winner needs to win more votes than any other candidate Majority votevote in which the winner needs to win 50 1 of the votes cast 22 What role have third parties played in American politics When two parties together do not offer policy proposals that a significant number of voters want to see enacted third parties form These third parties can mount challenges so significant that the major parties are compelled to act often by incorporating the third party39s policy proposal into their platforms 23 What is a party alignment What is a party system realignment What is a dealignment What causes these shifts in voter allegiance from one party to another or away from party Party alignmentvoter identification with a political party in repeated elections Dealignmenta reluctance by voters to identify themselves with either party often accompanied by increased splitticket votingpractice of voting for candidates from different parties for different elected offices in a single election Parties may be too extreme in their beliefs or are quotpolarizedquot 24 What does our current political party landscape look like It39s shifting Responsible partiesparties that offer the electorate a clear and distinct range of policies and programs thus providing voters a means for holding the party in government accountable for policy outcomes 25 How would you describe the differences between a current day liberal versus a conservative liberalideological viewpoint that has faith in government to improve people39s lives believing that private efforts are insufficient In the social sphere liberals usually support diverse lifestyles and tend to oppose any government action that seeks to shape personal choices conservativeideological viewpoint that distrusts government believing that private efforts are more likely to improve people39s lives in the social sphere conservatives usually support traditional life styles and tend to believe government can play a valuable role in shaping personal choices Do you think we have responsible parties today Would you rather have more cooperation that a quotclearquot choice between parties Summary of Marbury v Madison 5 US 137 1 Cranch 137 2 L Ed 60 1803 Facts On his last day in office President John Adams named fortytwo justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall who later became ChiefJustice of the Supreme Court and author of this opinion but they were not delivered before the expiration of Adams s term as president Thomas Jefferson refused to honor the commissions claiming that they were invalid because they had not been delivered by the end of Adams s term William Marbury P was an intended recipient of an appointment as justice of the peace Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson s Secretary of State James Madison D to deliver the commissions The Judiciary Act of 1783 had granted the Supreme Court original jurisdiction to issue writs of mandamus to any courts appointed or persons holding office under the authority of the United Statesquot Issues Does Marbury have a right to the commission Does the law grant Marbury a remedy Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void Can Congress expand the scope of the Supreme Court s original jurisdiction beyond what is specified in Article III of the Constitution Does the Supreme Court have original jurisdiction to issue writs of mandamus Holding and Rule Marshall Yes Marbury has a right to the commission The order granting the commission takes effect when the Executive s constitutional power of appointment has been exercised and the power has been exercised when the last act required from the person possessing the power has been performed The grant of the commission to Marbury became effective when signed by President Adams Yes The law grants Marbury a remedyThe very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury One of the first duties of government is to afford that protection Study Guide for Chapter 11 Congress Answers will come from both lecture and your textbook Geer et al Gateways 2quot What is the difference between a delegate and a trustee What does it mean that we have a bicameral national legislature Why did the Framers create a bicameral legislature rather than a unicameral one How are the two chambers the House and the Senate different from each other rules size dutiesetc How do their occupants differ What are the implications of these differences What is a constituency How do the constituents of the House members and the Senators differ Explain the process of redistricting Why is the US Census important in this process What is gerrymandering What is the difference between cracking and packing Discuss the powers of Congress that are found in Article 1 Section 8 Taxation and appropriation what is it39s power to spend War Powers Regulation of commerce commerce clause Appointments and treaties 1 power ofadvice and consent Impeachment who does this and removal from office who does this Do you think the Framers made this a twostage twoplayer process on purpose Why f Authorization of Courts 1 Where does Congress get this power from ii What is judicial review and why is it important Oversight 1 Why is oversight different when there is unified government as opposed to divided government ii What are hearings Why are they important How is parliamentary government different from the separation ofpowers system in the US What is the role ofpolitical parties in the House and Senate What do they do How are they organized Who are their leaders Why is the Speakership in the House so important What do whips do How is the Senate different in terms of leadership 10 Why are committees so central in the House and Senate Why are they the workhorses of Congress 11 What is a committee chair and why are it an important post Who else is important on the committee Define each type of committee what do they do and how important are they standing select joint and special committees Iwill ask you to define conference committees later 13 What is the markup 14 What are subcommittees and why do they exist Equot 539quot 5n 4gt 51 951pr 17 9 0 H N Study Guide for Chapter 11 Congress Answers will come from both lecture and your textbook Geer et al Gateways 2quot What is the difference between a delegate and a trustee What does it mean that we have a bicameral national legislature Why did the Framers create a bicameral legislature rather than a unicameral one How are the two chambers the House and the Senate different from each other rules size dutiesetc How do their occupants differ What are the implications of these differences What is a constituency How do the constituents of the House members and the Senators differ Explain the process of redistricting Why is the US Census important in this process What is gerrymandering What is the difference between cracking and packing Discuss the powers of Congress that are found in Article 1 Section 8 Taxation and appropriation what is it39s power to spend War Powers Regulation of commerce commerce clause Appointments and treaties 1 power ofadvice and consent Impeachment who does this and removal from office who does this Do you think the Framers made this a twostage twoplayer process on purpose Why f Authorization of Courts 1 Where does Congress get this power from ii What is judicial review and why is it important Oversight 1 Why is oversight different when there is unified government as opposed to divided government ii What are hearings Why are they important How is parliamentary government different from the separation ofpowers system in the US What is the role ofpolitical parties in the House and Senate What do they do How are they organized Who are their leaders Why is the Speakership in the House so important What do whips do How is the Senate different in terms of leadership 10 Why are committees so central in the House and Senate Why are they the workhorses of Congress 11 What is a committee chair and why are it an important post Who else is important on the committee Define each type of committee what do they do and how important are they standing select joint and special committees Iwill ask you to define conference committees later 13 What is the markup 14 What are subcommittees and why do they exist Equot 539quot 5n 4gt 51 951pr 17 9 0 H N 1What is the difference between a delegate and a trustee Trustees exercise independentjudgment about what they believe is best for the people Delegates do exactly as the people wish 2 What does it mean that we have a bicameral national legislature Why did the Framers create a bicameral legislature rather than a unicameral one It means that it is divided into two chambers the House of Representatives and Senate This structure reflects the Framers fearthat the power of the legislative branch might grow to the point it could not be controlled by the other two branches Because the legislative branch is closest to the people its members represent specific population groups by region and can be removed by election Dividing the legislature allowed that the two parts would check each other 3 How are the two chambers the House and the Senate different from each other rules size dutiesetc How do their occupants differ What are the implications of these differences 4 key differences between House and Senate qualifications for office mode of election terms of office and constituencies 4 What is a constituency How do the constituents of the House members and the Senators differ A constituency is the set of people that officially elects the House or Senate member in the United States constituency is defined geographically For the House each member represents a congressional district that has established geographic boundaries within each state For the senate each US senator represents an entire state and two US senators are elected from each state 5 Explain the process of redistricting Why is the US Census important in this process Based on the state s allocation of congressional districts the state legislature redraws the districts and the only real limitation on redistricting is that the boundaries of the districts must be contiguous uninterrupted Following the census the number of congressional districts in each state would be adjusted to reflect population changes 6What is gerrymandering What is the difference between cracking and packing Gerrymandering is redistricting that blatantly benefits one political party over the other or concentrates or dilutes the voting impact of racial or ethnic groups Gerrymandering consists of two tactics Cracking Spreading likeminded voters apart across multiple districts to dilute their voting power in each This denies the group representation in multiple districts Packing Concentrating likeminded voters together in one district to reduce their voting power in other districts This gives the group representation in a single district while denying them representation across districts 7 Discuss the powers of Congress that are found in Article Section 8 Taxation and appropriation what is it39s power to spend Has the power to lay and collect taxesquot states that all the bills for raising revenue should originate in House but senate may propose or concur with Amendments as on other billsquot Congress also has the power to spend to pay the debts and to provide for the common defence and general welfarequot General welfare clause gives congress the power to tax to provide for the general welfare Appropriate allocate a set amount of federal dollars for a specific program or agency Authorize grant the power to create a federal program or agency and spend federal funds to support that program or agency War Powers Gives congress the authority to provide for the common defensequot These powers are shared with the president Congress has the sole power to declare war but this power is typically only used after the president has requested a declaration of war Also has the power to raise and support armies to provide and maintain a navy to provide calling forth the militia and to make rules and regulations regarding the armed forces and their organizations Regulation of commerce commerce clause The power to regulate commerce with foreign nations and among the several states and with the Indian tribes this was not under the articles of confederation Congress has passed laws that permit the federal government to break up monopolies protect labor unions set a minimum wage and outlaw racial discrimination by businesses and commercial enterprises Appointments and treaties power of advice and consent power of the senate to approve or disapprove presidential appointments such as cabinet secretaries ambassadors and judges as well as international treaties evaluate the qualifications of a presidential nominee and by majority vote to approve or reject the nominee Similarly the appointment of federal judges from district courts to the supreme court is subject to the approval of the senate The senate acts as a check on the presidents power to make treaties with foreign nations because treaties must be approved by twothirds vote or they fail to take effect The advice and consent role of the senate acts as a gateway for citizen influence over presidential appointments and treaties because senators are more likely to block such appointments when they believe they are unpopular with their constituents Impeachment who does this and removal from office who does this Do you think the Framers made this a twostage twoplayer process on purpose Why Congress s ultimate check on the executive and judicial branches is its power to remove officials and judges from office 2 steps a majority of the house of representatives votes to bring formal charges against the president which is impeachment the senate then conducts the trial with the chiefjustice presiding The senate votes to convict or acquit If two thirds of the senators present vote to convict the federal official orjudge is removed from office Authorization of Courts Where does Congress get this power from In article 1 giving congress the power to constitute tribunals inferiorto the supreme court article 3 reiterates congressional control by saying that congress may ordain and establishquot courts at lower levels than the supreme court What is judicial review and why is it important Judicial review created the lower federal judiciary district courts and circuit courts of appeal 94 district courts and 12 regional appellate circuits plus a court of appeals forthe federal circuit Judicial review which is the federal judiciary s power to declare laws passed by congress as unconstitutional That decision gave the courts the power to interpret the constitution and see how congressional laws conform to its explicit language and its intent Oversight Why is oversight different when there is unified government as opposed to divided government Oversight power of congress to monitor how the executive branch implements laws Congress constantly exercises this power but less no under unified government when the same party controls congress and the white house then under divided government when the party that controls congress is not the party of the president Under unified government members of congress assume that because they share the same partisan affiliation as the president his administration is more likely to implement laws according to congressional intent What are hearings Why are they important Hearings congressional committee meetings to gather information or hear testimony on a bill issue or appointment Analyze how well programs are working congress writes letters to executive branch agency heads to inquire about specific programs and they keep track 0 the responses they receive Members of congress provide a gateway for the people to constantly monitor and hold the federal government accountable for how it implements the law 8 How is parliamentary government different from the separation of powers system in the US legislatures in countries that have parliamentary system typically choose their executive from among the members of the majority party so that the executive and legislative branches always share the same policy goals 9 What is the role of political parties in the House and Senate What do they do How are they organized Who are their leaders Why is the Speakership in the House so important What do whips do How is the Senate different in terms of leadership Parties allocate members to committees to maximize the joint utility of its members taking into account howthe committees39 memberships affect the legislation adopted by the legislature The more members from one party in a committee results in the party getting what they want done Parties could become so powerful inside the House chamber because they were important outside Washington back home in local districts Because the number of senators remained small it was and still is possible to conduct legislative business in a personal manner and each senator has the chance to make an individual impression on voters over a longer period of time as they represent an entire state rather than just one district House of Representatives Meet in party caucus group of party members in a legislature of separate political parties Speaker of the house constitutional and political leader of the House article 1 section 2 Elected by a majority of House members every 2 years on the first day of the first session of congress Power to appoint all committee chairmen approve all members committee assignments refer bills to committee bring bills to the House floor that reflect the majority party s ideas and refuse to allowthe minority party the ability to delay legislation Most important responsibility maintain power in the House for the majority party and that means getting the members of the majority party reelected The speaker supports a set of policies that he or she believes are popular with voters and then tries to get those policies enacted into law House majority Leader second in command works with speaker to decide which issues the party will consider Whips legislators designated to count votes within the majority or the minority party helps to whip up support for the party s preferred policies Whip count they want to bring to the floor only those bills that will pass any defeat on the floor could weaken voter confidence in the majority party House minority Leaderleader of the minority party in the House The Senate Smaller than house due to being based on the if states in the union and does not adjust according to population growth Article 1 section 3 vice president shall be the president of the senate President pro tempore constitutional leader of the senate in absence of VP Senate parliamentarian official in charge of interpreting the rules of the senate Senate majority leader not written in constitution unlike the speaker make sure the senate functions well enough to pass legislation Official scheduler of senate business first to speak on senate floor Senate minority leader 10 Why are committees so central in the House and Senate Why are they the workhorses of Congress To deal with different issues that fall under the purview of the federal government Each chamber has a committee chair As the number of issues brought before Congress grows lawmakers increasingly rely on the committee system to sift through the facts and determine how issues should be resolved Congress is made up of both standing committees and select committees Generally standing committees have the power to generate legislation in their particular areas ofjurisdiction such as tax writing or appropriations Select committees such as the Senate Special Committee on Aging are primarily advisory in nature 11 Define each type of committee what do they do and how important are they standing select joint and special committees I will ask you to define conference committees later Select committee committee in the House or Senate that has very limited powers over a specific issue Joint committee committee that includes members of both the House and Senate Special committee committees formed to address a specific issue area or controversy typically for a defined period of time 12 What is the markup Process where bills are latterly marked upquot or written by the members of the committee 13 What are subcommittees and why do they exist Focus on a specific subset of the committee s issues They can consider legislation but only the full committee can report a bill to the chamber floor for consideration 14 You should also be able to name at least five committees in the House and in the Senate House agriculture budget financial services foreign affairs rules science and technology Senate finance appropriations homeland security and governmental affairs veterans affairs foreign relations 15 What is an advocacy caucus and why is their role Group of members of congress from both parties who share a common background economic interests or opinion on an issue that reflects their constituents interests 16 Please make sure to outline howa bill becomes a law You need to know the steps that a bill goes through before becoming a law And it is very important to understand the differences in the process between the House and the Senate and why they matter or what difference they can make l have noted some important specifics below House Committee on Rules filibuster and cloture unanimous consent agreements holds 17 What happens when a bill goes to the floor what is a roll call vote All the members of the chamber gather together to debate and vote on the bill In house heavily structured and most members are allowed no more than five minutes to speak on a measure leaving almost no time for actual deliberation among members In senate there are few limits on the time allowed to members to speak on the issue on the floor If the senate is operating under a unanimous consent agreement or cloture then time is limited otherwise senators can make speeches and even engage in active debate on an issue much longer than their house counterparts House and senators use their opportunities to speak to make partisans speeches on a bill orto direct their remarks to their constitutes back home Roll call votevote that a house or senate member casts on a bill or amendment when his or her name is called Registers vote electronically members cast votes up or down on legislation to table set aside legislation or to approve a motion to recommit send it back to committee with instructions to re write it The most fundamental way that a member of congress represents his or her constituents and therefore is a key gateway for citizen influence in the legislative process 18 What is a partyline vote Voting in congress according to a party position so that a majority of one party votes against a majority of the other party Engaging in message politics strategy of framing choices on legislation so as to push members into casting votes that could later be used against them in campaigns 19What does the conference committee do How are compromises between different versions of the bill reached Are conference committees being used as often these days Why or why not The last stage in the congressional legislative process is when the House and Senate meet in the conference committee The temporary committee after a bill passes the House and the Senate to resolve any differences in the provisions of the bills so a single bill can sent to the president 20What is the federal budget 22 What is a deficit Difference between the amount of money the federal government spends in outlays and the amount of money it receives from revenues 23 How does the budget process work in the US Make sure you understand what a concurrent budget resolution is as well as continuing resolutions and the process of reconciliation We have not talked about this in class but if anyone has any questions please post them on the discussion board and we will clarify Key aspect of budget the congressional budget aka budget 39 quot is to be approved by both chambers by April 15 but because it does not have the force of law it is not sent to the president for his signature Rather it serves as general instructions to congressional committees about how much money they can be allocated for federal programs in any given fiscal year The authorizing committees take this blueprint into account when they reauthorize existing programs or create new ones and the appropriations committees in the house and senate use it to allocate funds in 12 separate bills lf president and congress fail to agree than a continuing resolution is enacted that funds federal programs when the appropriations process has not been completed by the end of the fiscal year on September 30 Reconciliation a measure used to bring all bills that contain changes in the tax code or entitlement programs in line with the congressional budget and does require the president s signature Was specifically designed as umbrella legislation to bring all bills that contain changes in the tax code or entitlement programs in line with the congressional budget Bill has special procedural protection in the senate where it cannot be filibustered and can be debated for no more than 20 hours 24What are entitlement programs and why are they important in the budget process Federal programs such as social security Medicare or medicade that pay out benefits to individuals based on a specific set of eligibility criteria Bill has special procedural protection in the senate where it cannot be filibustered and can be debated for no more than 20 hours 25 What is the Byrd rule and how is it related to reconciliation States that reconciliation be used only to reduce the federal deficit Been recently interpreted to mean that all provisions of reconciliation must be directly related to the budget 26 What can the president do when he receives a bill Make sure to know all of the options Actively veto a bill Congress goes out of session within 10 days so the president can wait for congress to go out of session and simply not sign the billpocket veto If the president refuses to sign a bill but congress remains in session the bill becomes a law Override congress power to overturn a presidential veto with a 23 vote in each chamber Or pressure congress into making changes to a bill that are closer in line with his policies 27 What do members of Congress actually do Staff selection offices and constituent service Most members bring some of their campaign workers with them to Washington to work on their staffs and try to hire people from their districts or states New members of congress seek out individuals with prior capital hill experience to help orient them with expertise Chief of staff oversees entire office Schedulermakes the members appointments Press secretary handles all interactions with media Legislative director over sees member s legislative work Legislative assistants handle specific issues Legislative correspondents responsible for answering constituent mail Legislative responsibilities committee work Political Science Book Notes Test 1 Chapter 1 Gateways to American Democracy Judging the Democratic Experiment founders drew from the ideas of Thomas Hobbes and John Locke perceiving the relationship between government and the governed as a social contract Democracy and the American Constitutional System Liberty and Order democracy system of government in which the supreme power is vested in the people and exercised by them either directly or indirectly through elected representatives self government goal of democracy whereby average people have control of the institutions of government majority rule idea that a numerical majority of a group should hold the power to make decisions binding on the whole group a simple majority at rst democracy was seen as a negative thing because it was associated with mob rule in which they felt people would suffer because there would be no liberty or safety and no order so in order to prevent this there is a rule of law legal system with known rules that are enforced equally against all people so as not to trample on minority rights idea that the majority should notbe able to take certain fundamental rights away from those in the minority Believed in a constitutional system system of government in which people set up and agree on basic rules and procedures that will govern them The Constitution as Gatekeeper idea that Constitution served as gatekeeper allowing and limiting access to power at the same time to secure order and safety individuals come together to form a government and agree to live by its rules in return the government agrees to protect life liberty and property natural rights unalienable rights that government cannot take away so far these were all just theories no actual government had done this Closest was Athens Greece who had governed themselves as a direct democracy direct democracy form of democracy in which political power is exercised directly by citizens Citizens of Athens had met together to debate and vote this was possible because the number of citizens aka property owning males was small and had similar interests and concerns a direct democracy would not be practical for the US because it had to link together 13 colonies so they developed a representative democracy representative democracy form of democracy in which citizens elect public of cial to make political decisions and formulate laws on their behalf This was also called a republic this had never been tried before was kind of like an experiment There were several ideas beliefs of whether or not it would work ex Madison argued that size and diversity were assets because competing interests in a large country would balance and control one another and prevent abuse of power He called this competing interests factions and believed the most enduring source of faction was the various and unequal distribution of property Federalist 10 He felt that in a pure democracy people would look out for their self interest only as opposed to the civic interest in a republic He also believed the representatives would come from an educated natural elite vertical division of power separation of powers legislature executive and judiciary horizontal division of power federalism power divided between national government and states two major views of government J effersonian and Hamiltonian J effersonian believed in fundamental equality of all people worried that any form of government could be corrupted and feared a strong executive wanted states to have power not federal government because they believed citizens could keep better watch over a government that was closest to them assumed the US would be an agrarian nation not involved in world affairs and regarded expanding gateways of in uence as a good thing Hamiltonian preferred that elites should govern the nation believed a successful government demanded a strong executive viewed a strong national government as a way to unify the many competing interests of the 13 former colonies hoped that the US would become more industrial and a military power and regarded restrictions on the gateways to in uence as a good thing American Political Culture political parties broad coalitions of interests organized to win elections in order to enact a commonly supported set of public policies politics process by which people make decisions about who gets what when and how political ideologies liberals individuals who have faith in government to improve people s lives believing that private efforts are insuf cient In the social sphere liberals usually support diverse lifestyles and tend to oppose any government action that seeks to shape personal choices Favor government efforts that increase equality Example higher taxes for the wealthy global health care etc conservatives individuals who distrust government believing that private efforts are more likely to improve people s lives In the social sphere conservatives usually support traditional lifestyles and tend to believe government can play a valuable role in shaping personal choices Believe relying on the government too strongly gimps the willpower and necessity to do things for one self moderates individuals who are in the middle of the ideological spectrum and do not hold consistently strong views about whether government should be involved in people s lives libertarians those who generally believe that government should refrain from acting to regulate either the economy or moral values populists those who oppose concentrated wealth and adhere to traditional moral values US generally takes a more individualist approach to things actually spending less on government programs to help the less well off than many other countries do Also favor capitalism economic system in which businesses and key industries are privately owned and in which individuals acting on their own or with others are free to create businesses as opposed to socialism economic system in which the government owns all major industries however the government does have rules in place to regulate privately owned businesses so that capitalism is not abused even though the US favors individualism it s still very egalitarian belief in human equality that disdains inherited titles of nobility and even inherited wealth believing in wealth through hard work and a free enterprise economic system within limits Public Policy under a Constitutional System public policy intentional actions of government designed to achieve some goal ex tax rates subsidies etc Often works in a cycle aka one idea gains favor then something goes wrong with it and the opposing idea gains favor and etc etc process iden cation gt make it to policy agenda gt formulate gt policy enactment gt implement the program gt policy evaluation Madison envisioned the policy makers to well educated people of merit but at the same time feared a power elite who would only look out for their own interests as opposed to the civic interests However poli cal scientist Robert Dahl argued that policy making is more pluralist in which competing interests hold authority over issues most important to them the fact that no one group has a monopoly suggests that a more majoritarian policy making process is in the making in which those with a numerical majority hold the authority Responsiveness and Equality Does American Democracy Work responsiveness idea that government should implement laws and policies that re ect the wishes of the public and any changes in those wishes equality idea that all individuals are equal in their moral worth and so must be equal in treatment under the law and have equal access to the decision making process autocracy system of government in which the power to govern is concentrated in the hands of one individual ruler oligarchy system of government in which the power to govern is concentrated in the hands of a powerful few usually wealthy individuals monarchy system of government that assigns power to a single person who inherits that position and rules until death democracy aims to meet the needs of all its ci zens to do this it develops public policy using incen ves etc government often has a stake in pursuing public goods goods or bene ts provided by government from which everyone bene ts and from which no one can be excluded clean air etc Private goods extended to some individuals and denied to others ex government awards a company a contract to build a new library and gives them money private goods to build it core problems of public policy is the question of what goods whether public or private should be provided at what levels and how to pay for them for democracy to succeed need interaction between people and government should representa ves act like trustees exercise their best independent judgement or delegates do exactly as the people wish poli cal equality people should have equal amounts of in uence in the poli cal system equality of opportunity expectation that citizens may not be discriminated against on account of race gender or national background and that every citizen should have an equal chance to succeed in life equality of outcome equality is achieved if results are comparable for all citizens regardless of race gender or national background or that such groups are proportionally represented in measure of success in life The Demands of Democratic Citizenship civil society voluntary organizations that allow communities to ourish Civic interest goes up equality goes up terrorism and civil liberties protecting the safety of the public sometimes mean curtailing the civil liberties of some people ex Patriot Act allowing phones to be tapped for easily however more phones belonging to Muslims are tapped is this fair political polarization and the media parties have become increasingly polarized opposites This is partly due to the effects of the changing media allowing people to be citizen journalists and making media available 247 with info owing from the top down and from the bottom to the top social security and entitlement programs America is aging in the sense that there are more older people than younger people this is a problem because social security and medicare etc etc are expensive programs that the price for the government is only increasing for this lives us younger generations in more debt immigration and diversity immigration is increasing which will probably affect the voting patterns of the US education cost of college is in ating rapidly which leaves us to wonder what the affects of less people being able to afford education will mean for a democracy Chapter 2 The Constitution constitution document or set of documents that sets forth the basic rules and procedures for how a society shall be governed movement toward independence basically went like this the colonist Thought they had the same rights as British subjects but after the French and Indian War Britain tried to make up for some of the costs by taxing the colonists Even though the colonists had been taxed before this was the rst direct tax Britain made on the colonists for products make and sold in America Sugar Act of 1764 long list of items that could only be exported to Britain limiting competition for colonists goods Stamp Act of 1765 tax on virtually all forms of paper The colonists boycotted and rioted against the collectors so it was repealed in 1766 only to be replaced with Townshend Acts imposed taxes on various imports Led by Sam Adams the Massachusetts legislature sent a letter arguing no taxation without representation British sent soldiers to control the situation presence of soldiers increased tension led to Boston Massacre Eventually the boycotting was costing them more pro t loss than they were making from the taxes so Britain repealed all the Townshend Acts except for the one on tea Boston Tea Party which led to Coercive Acts gave royal governor the right to select the upper house of the Massachusetts legislature and denied Mass the right to try British of cials charged with capital offenses The Quartering Acts required colonists to house British soldiers in order to form a united from Ben Franklin proposed Continental Congress met in Philadelphia 1774 with delegates chosen by colonial legislatures They rejected an plan of reconciliation with England and sent a list of grievances to King George III Also decided not to import any English goods 2nd Continental Congress A met again in 1775 acted as common government of the states from 1775 178 1 Named G Washington commander of new Continental Army Declaration of Independence 1776 written by Jefferson and others Declared thirteen united states of America The Articles of Confederation continental congress needed legal authority for its actions since it technically couldn t do anything proposed Articles of Confederation in 1777 Wasn t approved until 1781 a little before victory of the American Revolution Formally established the United States states retained all powers a lot not given to Congress which were only a few anyway congress had control over foreign military and Indian affairs and could decide boundary and disputes between states coin money and establish post of ces However it could NOT regulate commerce or have any authority to operate directly over citizens of US ex could not tax citizens or products directly could only request revenues from the states problems not only lied with lack of power but also organization Needed 9 out of 13 states approval to make decisions each state had one vote and amending the articles required unanimous consent which means one state could mess up any important amendment for the whole nation established no judicial branch but Congress had could establish judicial panels to hear appeals involving disputes between states and crimes on the high seas no separate executive branch but Congress had authority to establish an executive committee along with a rotating president who could run affairs when Congress wasn t in session money problems debt lack of commerce regulation led to states taxing each other stunting economic growth Annapolis Convention 1786 Madison proposed giving national government right to tax and regulate trade Only 5 states showed up However Shay s Rebellion and it s ability to be put down showed how weak the Articles were and Annapolis Convention extended another invitation to Philadelphia in 1787to consider revising the Articles only Rhode Island declined The Constitutional Convention 55 delegates majority had legal training each state was granted one vote large vs small states Vlrgina Plan proposed by Madison strong central government two chamber legislative branch lower elected by the people and upper elected by the lower chamber each would have proportional representation proportional to the population of the state legislature would have authority to pass laws and veto laws passed by the states national executive and national judiciary chosen by the legislature and a council of revision composed of executive and judicial members would have nal approval over all legislative acts New Jersey Plan proposed by William Patterson strengthened Articles by giving Congress power to regulate commerce and directly tax imports and paper items proposed national executive chosen by the legislature unicameral and national judiciary chosen by the executive each state would have equal representation in Congress Connecticut Compromise proposed by Roger Sherman lower chamber House would be proportional to population but upper chamber Senate would represent each state equally Nation vs State enumerated powers powers of Congress listed in Article 1 Section 8 of the Constitution such as regulating commerce and coining money Congress was granted these instead of a general legislative power Congress did not receive power to veto state laws but did declare that national law would be supreme over state law They set limits on state authority no foreign relations coining money or impairing certain rights Approved a national executive president North vs South to secure the proposed Constitution compromises on slavery were necessary slave trade compromise prohibited Congress from stopping slave trade until 1808 also resulted in a ban on the taxing of exports helped southern states who export a lot 3 5ths compromise slaves were counted as 3 5ths of a person for representation in the House and tax purposes Northwest Ordinance passed not by the Constitution but by the Articles in 1787 established the means for governing lands north of Ohio River prohibited slavery in this territory but said that any fugitive slaves who ended up in this territory wouldbe returned Gates against Popular In uence popular control was limited in two ways 1 electoral college still exists today the presidential electors selected to represent the votes of their respective states who meet every four years to cast the electoral votes for president and vice president Number of electors of a state representatives 2 senators Each state chooses how the electors are chosen legislature popular vote etc 2 until 1913 state legislatures selected US senators Now however they are selected by popular vote 17th amendment The Rati cation Process delegates at the Philadelphia Convention sent the Constitution to the states for approval through special ratifying conventions to be chosen by the people needed 9 out of 13 states to ratify Government under the Constitution established 3 branches legislative makes the laws bicameral Congress with two chambers lower House upper Senate Bills to levy taxes have to originate in the House but other bills may originate in either chamber To become a law bill has to be approved in both chambers Then goes to president who can sign it becomes law or veto it where Congress can override with a 2 3rd majority in each chamber Congress authority is limited through the enumerated powers to tax pay debts provide for common defense and general welfare borrowing and coining money regulating commerce raising an army and pass all laws necessary and proper House has the authority to bring up charges of impeachment on the president and other of cials Senate tries the case needing 2 3rd vote to remove the person from of ce Senate also has sole authority to ratify treaties with a 2 3rd vote and majority vote to conform executive and judicial branch appointments executive 4 year president chosen by electoral college Citizens in each state vote for the electors If no person receives a majority of the Electoral College vote then the election goes to the House where each state gets one vote Electoral college also chooses vice president Constitution provides general executive power rather than enumerated powers with the few exceptions of speci c powers like right to veto legislation and grant pardons pardon the turkey on Thanksgiving commander in chief of the armed forces With advice and consent of Senate can make treaties and appoint ambassadors judges and other public of cials Takes care that the laws are faithfully executed judicial one Supreme Court and other inferior courts that Congress chooses to establish President appoints judges who serve life term w advice and consent of senate Marbury vs Madison established judicial review authority of courts to declare laws passed by Congress and acts of the executive branch to be unconsitutional The Amendment Process two paths 1 2 3rds vote in House and Senate followed by the approval of 3 4ths of the states which can be obtained by either state legislatures or state ratifying conventions only one has been done by a convention repealing prohibition 2 2 3rds of the states request national constitutional convention to propose amendments that would go in effect when approved by 3 4ths of the states through state legislatures or state ratifying conventions never happened before Constitution prohibits any amendments that would deny any state equal vote in Senate or that would have banned slavery prior to 1808 agreement The Partition of Power Federalist 51 James Madison discusses needs for checks and balances federalism system of government in which sovereignty is constitutionally divided between national and state governments national gov has enumerated powers everything else goes to the states states in 10th amendment separation of powers powers separated among the branches which legislation further divided into two houses because legislation is usually the dominate force in a republican government checks and balances president can propose legislation to congress and veto bills passed by Congress Congress can override that veto with 2 3rds majority in both houses president can pardon people convicted of crimes president nominates federal judges under advice of Senate Senate advises and consents high ranking executive positions House can raise impeachment issue Senate can remove impeached of cials with 2 3rd vote Congress can establish power courts and set their jurisdiction also appellate jurisdiction authority to hear cases on appeal from lower courts Congress has authority over courts but courts can say a law from Congress is unconstitutional and can also review legality of executive moves limits on powers cons tution limits state law in many ways makes federal law supreme over state law guarantees that the states provide a republican form of government sets limits on the sort of legislation states can pass cannot pass bills of attainder aka declaring people guilty of a care or prosecute people under ex post facto laws or pass laws that would allow individuals to disregard the obligation of contracts limits Congress by not allowing bills of attainder or ex post facto laws Also cannot suspend the writ of habeas corpus guarantee that incarcerated people can go before a judge to have the legality of their con nement determined except in cases of invasion or rebellion and can t grant tles of nobility The Rati ca on Debates debates over extent of national power over states scope of executive and legislative power and the lack of a bill of rights Federalists supported the constitution Madison John Jay and Hamilton wrote the Federalist Papers in order to convince citizens of New York to ratify the constitu on consolida on of federal authority claimed that sovereignty rested not in legislation but in the people people could propose any new form of government could split their grant of lawmaking authority between the national and state governments as they saw t scope of executive authority explained limits on the executive in Federalist 69 impeachment voting president out of of ce limited veto power etc scope of legislative authority explained that the necessary and proper clause wasn t a general grant of authority but could only be used to pass laws that were necessary in carrying out the previously appointed powers lack of bill of rights argued it wasn t necessary because congress only had the powers granted by the cons tution Anti federalists against the cons tution consolida on of federal authority argued that the constitutional conve on violated the Articles by proposing a new government instead of amending it Worried ultimate lawmaking authority could not be split and that if national law was supreme over state law national government would consolidate its authority over state governments scope of executive authority feared that the president would turn into a monarch because their originally was no term limit on the president and were afraid that the ability to grant pardon would allow the president to commit crimes and then cover them up by pardoning his criminal partners scope of legislative authority feared the general welfare clause gives Congress power to tax to provide for the general welfare and necessary and proper clause lack of bill of rights wanted a bill of rights in order to protect the citizens Chapter 3 Federalism why unify unifying allows smaller political entities to pool their resources to ght a common enemy nation political unit whose people share a sense of common identity also had strong loyalty to their states though which made eliminating states impossible because of this they had three options confederal system system of government in which ultimate authority rests with the regional governments aka states This already existed under the Articles so their option was to strengthen it Framers didn t want to continue this system so their next choice was unitary system ultimate authority rests with the national government State governments may exist but only if the national government says they canforms them This would be overly strong and the Framers feared it would lead to tyranny So they compromised with federalism sovereignty is constitutionally divided between national and state governments This mixes both confederal and unitary Within states areas of authority their decisions are nal and cannot be changed by the federal government and the existence of states does not depend on the national government Constitutional Framework Grants of Power enumerated powers powers expressly granted to Congress by the Constitution includes raising armies declaring war establishing rules for citizenship power to tax borrow money regulate interstate and foreign commerce AND the necessary and proper clause states get any powers not explicitly granted to the national government 10th amendment aka reserve powers police powers concurrent laws belong to both state and national government Includes taxing borrowing and spending money making and enforcing laws establishing court systems and regulating elections help care and education were once regulated by just the state but are now regulated by both Limits on Power Constitution prohibits Congress from suspending the writ of habeas corpus right of individuals who have been arrested and jailed to go before a judge who determines if their imprisonment is legal also prohibited from passing any law that declares an individual guilty of a crime bills of attainder or any law that makes an act illegal after the fact ex post facto laws Bills of ghts freedoms that cannot be abridged states can t make treaties with foreign governments and have a limit on taxes they can place on imports and exports guarantee clause guarantees that all states will have a republican form of government 14th amendment prohibits states from denying any person due process of law and the equal protection of the laws 15th amendment prohibits states from denying voting rights on account of race color or previous conditions of servitude due process clause 5th amp 14th amendment prevents federal and state govs from preventing anyone from due process Required states to follow most of the provisions in the Bill of Rights equal protection clause prevents states from denying anyone equal protection of the law Relationships between Nations and States regulated through 3 main clauses 1 supremacy clause national law is supreme over state law in the event that the state and national gov can t agree that their laws are con icting the supreme court decides also preemptive law is included in the supremacy clause meaning if the national and state govs are both putting regulations on something that they both have control over the states have to abide by national regulations if they are higher than the state regulations Two exceptions to this though 1 Congress can declare it has preempted legislation in that area meaning only congress can legislate on the topic 2 Supreme court can say that Congress regulation is so thorough that Congress must have intended to occupy the eld thus disallowing state regulations 2 10th amendment all powers not delegated to the nation government are given to the states Since it uses the word delegated and not expressly delegated it leaves implied powers to the national government 3 sovereign immunity amendment of 11th amendment states cannot be sued without their permission prohibits federal courts from hearing suits against a state by citizens of another state BUT congress can allow suits based on provisions in the Const like due process or equal protection Relationships among the States commerce clause Congress has authority to regulate commerce with foreign nations with indian tribes and among the various states requires agreements between two or more states must receive the approval of Congress full faith and credit clause requires states to accept court decisions made in other states privileges and immunities clause requires that states treat people from other states equally to its own residents Changing Nature ofAmerican Federalism nation centered federalism favored by Hamilton view that Constitution and federal government derive power from the people not the states Sought expansive federal power and a national bank state centered federalism favored by J efferson View that the states created the Constitution and the federal government these disagreements between the two led to the formation of the rst party system in the US Hamiltonians were Federalist Party and J effersonians were Democratic Republicans supports of states right Virginia and Kentucky Resolutions argued for nulli cation the right of states to nullifyrej ect nations laws that went beyond the powers granted in the Constitution Didn t get a lot of support but reappears every now and then McCulloch vs Maryland said that it was okay for the national government to create a national bank because they had the power to coin money and collect taxes and a bank aided in doing this so it was granted by the necessary and proper clause Gibbons v Odgen created broad construction of the enumerated power to regulate interstate commerce said that the Congress s ability to regulate commerce among the states gave it not the states the authority to manage the licensing of steamboats traveling between NY and NJ
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'