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61 Cards in this Set

  • Front
  • Back
What influences impact Judicial voting?
• The Constitution-precedent
• Judicial Philosophy
• Their colleagues
• Their backgrounds
Warren Court - What does this refer to ? who was "Warren"? Who nominated him?
This refers to the time period between 1953-1969 when Earl Warren served as chief justice. President Dwight D. Eisenhower appointed Warren as Chief Justice.
Warren Court - In what areas were key decisions made?
Key decisions were made regarding the "Three R's" - Race, Rights and Reapportionment.
Warren Court- What were the major cases? Name at least 5.
Racial segregation: Brown v. Board of Education,
Criminal Procedure: Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright.
Establishment Clause: Abington School District v. Schempp.
WC- What happened in Brown v. Board of Education?
o U.S. Supreme Court Decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment’s guarantee of equal protection; marked the end of legal segregation in the United States.
WC - What happened in Mapp v. Ohio, 1962?
o Incorporated a portion of the Fourth Amendment by establishing that illegally obtained evidence cannot be used at trial.
WC- What happened in Gideon v. Wainwright, 1963?
In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys or lawyers.
WC - What happened in Miranda v. Arizona, 1966?
o A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.
WC- What happened in Abington School District v. Schempp, 1963?
In the case, the Court decided 8-1 in favor of the respondent, Edward Schempp, and declared school sponsored Bible reading in public schools in the United States to be unconstitutional. The case was part of a string of Supreme Court cases ruling on the place of religion in public schools, and was both condemned by some religious conservatives and celebrated by those who supported constitutional separation of church and sta
What was the Burger Court? Who was Berger? What is the court known for? Who nominated Burger?
Warren Earl Burger was Chief Justice of the United States from 1969-1986. Burger a conservative, considered a strict constructionist. US supreme court delivered a variety of transformative decisions on abortion, capital punishment, religious establishment, and school desegregation. President Richard M. Nixon nominated him.
BC - What were the major cases of this court?
They were: Swann v. Charlotte-Mecklenburg School District, 1971, Furman v. Georgia, 1972, Gregg v. Georgia, 1976, Roe v. Wade, 1973, Regents of the University of California v. Bakke, 1978.
BC- What happened in Swann v. Charlotte-Mecklenburg School District, 1971?
The Supreme Court ruled that all vestiges of the de jure discrimination must be eliminated at once. The case had to do with the busing of students to promote integration in public schools and to ensure that all students would receive equal educational opportunities regardless of their race.
BC- What happened in Furman v. Georgia, 1972?
The Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The Supreme court
used this case to end capital punishment, at least in the short run. (The case was overturned by Gregg V. Georgia in 1976).
BC- What happened in Gregg v. Georgia, 1976?
Overturning Furman v. Georgia, the case ruled that Georgia’s rewritten death penalty statute is constitutional. The Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg.
BC- What happened in Roe v. Wade, 1973?
The Supreme Court found that a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights and the Fourteenth Amendment.Roe v. Wade held that a mother may abort her pregnancy for any reason, up until the "point at which the fetus becomes ‘viable.’" The Court defined viable as being "potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks." The Court also held that abortion after viability must be available when needed to protect a woman's healt
BC- What happened in Regents of the University of California v. Bakke, 1978?
It was a landmark decision of the Supreme Court of the United States on affirmative action. It bars quota systems in college admissions but affirms the constitutionality of affirmative action programs giving equal access to minorities. The sharply divided Court concluded that the university’s rejection of Bakke as a student had been illegal because the use of strict affirmative action quotas was inappropriate. UC Davis, Bakke was a white guy, denied admission twice. Two admissions processes into the medical school, one for special circumstances and one regular. The special admissions process waived some of the usual requirements in order to integrate the medical program. 16 out of 100 spots reserved for these people - minorities.
What is the Rehnquist Court? Who appointed Rehnquist? When was it?
When Burger retired in 1986, Ronald Reagan nominated Rehnquist to fill the position. He was Chief Justice 1986-2005.
What were the big Cases of the Rehnquist Court?
They were in the areas of Affirmative action decisions, freedom of expression cases, and the death penalty.
RC - What happened in Wards Cove Packing Company v. Antonio?
Workers promoted only if they had high school diploma. Court sided with company saying having a high school diploma was relevant to the job. If the test is related to the job criteria or performance then it is okay.
RC - What happened in Gratz v. Bollinger, 2003?
The court struck down University of Michigan’s undergraduate point system, which gave minority applicants twenty automatic points simply because they were minorities.
What is the strategic presidency?
as
What was Carter's policy?
-Ran a “thematic” campaign, based on restoring “honesty” and “integrity” to government.
-Public was receptive to that message after the Watergate scandal
-Did not truly develop a vision of what he would do. The focus was more on who he was as opposed to what he would do.
What were Carter's politics?
-Without a clear direction, his aides were confused. They were “Washington amateurs” who were poor at “retail politics”.
-Carter tried to tackle 35 issues at the presidential level.
-He was a micro-manager
What was Carter's structure?
-Carter did not have a Chief-of-Staff
-Carter had a totally open White House – “spokes-of-the-wheel” management, system of “collective collegiality”.
-Carter empowered his cabinet heads
What was Carter's process?
-Carter built in great diversity (Vance/Brezezinski)
-He tried to have it both ways
-Could not decide
What was Reagan's policy?
• Had a clear vision of what he wanted to do – “bedrock principles”
• Had actively pursued that vision for almost 20 years – themes articulated in “The Speech”
• Ran a thematic AND programmatic campaign
• Was effective at communicating the vision
What were Regan's politics?
• Staff knew exactly what to pursue
• Professionals in Congressional liaison
• Negotiated with Confidence
• Heavy lobbying on 3-4 key issues
• Damage control – and recovery from setbacks and shocks (assassination attempt, Lebanon)
What was Reagan's structure?
• Troika of Meese, Baker, Deaver
• Clear lines of power
• Focus on major issues
• Delegated power for carrying out details – macro-manager!
What was Reagan's Process?
• More limited diversity
• Reagan only painted the broad strokes – incredibly distant from the details of governance
• Language was upbeat and soothing, even when reality was not
• Staff learned how to influence him
What was Regan's policy in his second term?
• Little left to say or do
• Turned to a thematic campaign… “It’s morning again in America.”
What were Regan's politics/structure in his second term?
• Reagan’s lack of focus on details begins to hurt, as Regan-Baker shift displays
What was Bush 41's policy?
• Sustain Reagan Revolution
• Thematic campaign – Willie Horton, ACLU, etc.
• Mostly his resume to offer – was the ultimate insider
• “Conservative Internationalism”
• “Disjointed incrementalism”
• Problem with promise of no new taxes
What were Bush 41's politics/structure/ process?
• Conciliatory toward Congress
• Modest goals – “Our will is bigger than our wallet.” – Tactical, not strategic.
• After Desert Storm “victory” there was little focus
• Missed a chance to convert a 90% approval rating into other victories.
• Staffed administration with friends from every phase of career – Baker, Scowcroft, Cheney, etc.
• 24 of 29 positions in White House were filled by people with prior White House experience
What was Clinton's policy?
• “It’s the economy, stupid!”
• Health care
• Thematic AND programmatic campaign/Change
• New Democrat – little foreign policy experience, but strong interests.
 Themes of globalization and humanitarianism
• Struggles for the soul of the Administration
 Budget hawks v. more traditional liberals
What were Clinton's politics?
• Initial success on the economy
• Early stumbles on gays in military
• Problems in Congressional relations, especially on health care
• Attempts to please many audiences
 Fights between Bensten & Carville, Begala and Stephanopolous.
 Unusually strong role of the first lady
• “Triangulation”
What was Clinton's structure?
• Difficult to decipher in some ways
• Youthful aids
• Cabinet screening problematic
• Lack of focus
What was Clinton's Process?
• Lack of decisiveness
• Weak Chief-of-Staff (McClarty) – Short attention span
• Strong on details – Jurusalem on a napkin
What was Bush 43's Policy?
• “compassionate Conservative” – different look of Republican Convention
• First MBA in the White House – results oriented White House
• Resolute, principle-based
• Vision formed more solidly after 9/11 – spreading democracy, fighting tyranny
What were Bush 43's politics?
• Difficult start due to effects of Florida vote
• Majority of Senate and House
• Strong reliance on Cheney
• Effective Congressional liaison – wins on education and tax cuts
• Defection of Mr. Jeffords caused problems
• 9/11 popularity helps him launch Iraq War
 Dems frightened (soft on national defense)
 Vote on Authorization for Use of Force (296-133 House, 77-23 Senate)
What was Bush 43's structure?
• Strong role of Vice President
• Tightly controlled agencies
• Strong role of Card, Rove, Hughes
What was Bush 43's process?
• Tightly held decision-making process – “I am the decider”
• Dissenting opinions not ACTIVELY solicited
• Strong interest in a “united front”
In the Executive Branch there is bureaucracy that is both theorized and real. What is the bureaucratic Paradigm?
• Minute division of labor
• Clear hierarchy in organization
• Promotion based on merit
• Decisions based on rules, “the file”
What are the realities of Bureaucracy?
• Turf-fighting and confusion over roles
• Hierarchy may not be compatible with the electronic world
• Merit promotions compete with political appointments
• Rules become “SOPS” which can become SCARY!
What was change (in the Executive Branch relating to bureaucracy) inspired from?
• Peters and Waterman, In Search of Excellence
 Excellent companies defined themselves as SERVICE providers
 Excellent companies were fanatic on customer service
 Excellent companies do NOT have huge, complex management structures
• W. Edwards Deming
 Quality guru
 Quality requires continual process improvement
 TQM became popular, and mandatory in some governmental agencies
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What was Larry Flynt v. Jerry Falwell, 1987?
o Jerry Falwell, fundamentalist minister in Lynchburg Virginia. Jerry Falwell ad in hustler for compari after dinner alcoholic beverage. Falwell sued Flynt.the United States Supreme Court held, in a unanimous 8-0 decision (Justice Kennedy took no part in the consideration or decision of the case), that the First Amendment's free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.
What was Texas v. Johnson, 1989?
The Court overturned the conviction of a Texas man found guilty of setting fire to an American Flag.
Death penalty McClesky v. Kemp, 1987?
o The court ruled that the imposition of the death penality did not violate the equal protection cause.
o McClesky in the act of committing a robbery shot and killed a police officer. Sentenced to death. McClesky was black, police officer was white. It was appealed based on racial discrimination. They found that more African Americans were sentenced to death when they killed white people than otherwise. Death sentence was upheld.
What was Stanford v. Kentucky, 1989?
o Crime was so heinous the court recommended he be sent to an adult venue, even though he was only 17 when he committed the crime. In the Kentucky court he was sentenced to death. The Rehnquist Court upheld the death penalty. When bill of rights was drafted the age of responsibility was 14.
What was Ring v. Arizona, 2001?
o Armed robbery and a murder, jury said guilty reported findings to judge, judge took it upon himself to reexamine the case he found that not only was it murder but also that it was a particularly heinous crime, that the intent was to get rich, he decided to elevate the punishment himself to death penalty. R court says you can’t do that. Because the judge did it on his own, he would need to bring it back in front of a jury otherwise it would violate the 6th amendment.
What was Atkins v. Virgina?
o Execution of the mentally retarded is prohibited by the Eight Amendment’s cruel and unusual punishment cause.
• Can you execute a “mentally deficient” person. Court said you can not execute a mentally retarded person, you have to have an intent to do a crime – because of the diminished mental capacity of these people they can not have the same level of culpability of the rest of us, because they do not fully understand the consequences of their crime at the same level as the rest of us do.
What was Roper v. Simmons, 2005?
o Execution of minors violates the Eight Amendment’s prohibition on cruel and unusual punishment.
o Increased neurological research indicates that the human brain does not fully develop until the age of 25. Struck down the execution of minors, overturning Standford v. Kentucky. Court is evolving. Increasing questions about capitol punishment. Increasing number of restrictions on the ability to do it.
What are classical interest groups?
o Particularly large, generally have full time staff in DC, generally are pretty well endowed, specific.
• Ex. Chamber of Commerce – represents the interest of groups
• Ex. AFCILO – represents the interests of workers
What are public interest groups?
o Does not really represent anyones particular interests, but represent the general interests
o Smaller, less well endowed, lobbyists tend to be less well paid
• Ex. Environment, good government,
• Ex. The common Cause was one group.
• Ex. Green peace – they don’t necessarily benefit, in fact they endanger themselves.
What are single issue groups?
o People focus very intensely (you might even say fanatically) on a single issue.
o Can very quickly motivate people
• Ex. NRA National Riffle Association
What are PAC's Political Action Committees?
o Mostly fundraising organizations that help candidates get elected.
o Changes in campaign finance laws, can raise about 3,000 dollars from individuals. Powerful and prominent in election cycles.
• Ex. Pam PAC – got behind Clinton
What are influence peddlers?
o Send to be single individuals – they tend not to represent thousands of people or organized interests, may represent a foreign country (like Japan or Saudi Arabia) get paid very well for doing that.
o Ex: Federal Express – goal, get the package there the next day – needs, need airport open all night or alternative, have to go to military airbases, you do this by talking to the right person in Congress, you do that by having someone tell you who controls the military airports. This is political intelligence. Corporations will pay millions of dollars for this type of information
Styles of Lobbying - Congressional influence.
Lobbyists will target congress, they can use various strategies to target.
Styles of lobbying - Constituency
Rather than having professional lobbyists speak to congress, actual people come in and talk.
When Reagan trying to cut the student loan program professional lobbyists weren’t brought in, instead they bring in the local constituency. Vermont, University of Vermont is the second biggest employer in the state. They brought in the people from UVermont to talk to members of Congress and they said this is what will happen if you do this.
Styles of lobbying - national campaigns
Letter writing etc.
Styles of lobbying - media campaign
o People on TV, people getting arrested. Can bring a lot of attention and a lot of pressure. Can be a very powerful technique.