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83 Cards in this Set
- Front
- Back
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How is civil rights defined?
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- CR refers to the rights of all Americans to equal treatment under the law, a provided for by the 114th amend.
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What did the 13th, 14th and 15th amendment do?
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- They ban slavery in the US, grant citizenship to all people born in the US, and ensures all citizens the right to vote
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What were black codes?
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-After these amends were passed southern states (the Democratic Party) instituted “black codes” which denied legal rights to the freed slaves
What is the difference between the 1st civil rights act in 1866 and the 2nd civil rights act in 1875? -1. Cr act 1866 gave African Americans (AA) full equality before the law and gave the Nat. Govt enforcement power. African Americans were U.S citizens. 2. CR acts 1875 everyone is entitles to full and equal enjoyment of public accommodations, theaters and other places of public amusement. What was the compromise of 1877 about? -1877 a compromise where the union troops left the south and the South agreed to accept national supremacy. |
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What did the Civil Rights cases of 1883 rule?
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- The CR cases (1883) are a series of SC rulings nullified the early CR acts. Congress could prohibit states from discrimination, but could not prohibit discrimination by private citizens.
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What did Plessy v. Ferguson (1896) do?
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- Plessy v. Ferguson (1896) the separate but equal doctrine: Legalized Segregation in the South. Allowed for Jim Crow Laws or De Jure segregations in the South (segregation by law)
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What is De jure segregation?
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Racial separation that is required by law is known as de jure segregation.
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What is the difference between Poll taxes, Grandfather clause, Literacy Test?
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Poll Taxes: pay $ to vote Literacy test, Property qualification, Grandfather Clause – if your grandfather couldn’t vote you couldn’t vote either
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What did Missouri ex rel. Gain v. Canada (1938) rule?
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Missouri ex rel. Gains v. Canada (1938) ruled if there is only a single school, students of all races are eligible for admission.
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What did Sweatt v. Painter (1950) rule?
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Sweatt v. Painter (1950), ruled that an all AA law school could not be the equivalent of an all white law school precisely because the former excluded those with whom the AA graduates would have to contend with throughout their professional lives.
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What is the difference between Brown v. Board of Education of Topeka and Brown II?
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(1954) – overruled the separate but equal doctrine. Segregation itself leads to a feeling of inferiority.
Brown II (1955) – the desegregation of the public schools must begin with “all deliberate speed” |
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Why were the civil rights acts of the sixties needed?
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The CR acts were needed to stop individuals or groups. The private sector from discrimination. The CR Act of 1964 forbade discrimination. On the basis of race, color. Religion gender and national origin.
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In the Civil Rights Act of 1964 what is the difference between Title II, Title VI, and Title
VII? |
It overturned the Jim Crow laws (segregation in public accommodations) (title II)
Fed. Govt could withhold funds from the states id it discrimination. (Title VI) It Banned discrimination, in employment (Title VII) this created the Equal Employment Opportunity Commission (EEOC) |
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How has Title VII of the 1964 act been extended?
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Title VII (of the 64 Civil Rights Act) was extended to prohibit gender discrimination, sexual harassment and hostile-environment harassment.
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What did Title IX of the Educational Amendments do?
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In 1972 congress passed the Educational Amendments. Title IX, prohibits discrimination against women in federally-funded education, including athletics programs.
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What did the Equal Pay Act of 1963 do?
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The Equal Pay Act of 1963: if jobs are of comparable value, then female jobs must be paid at least the same as male jobs.
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What did the Lily Ledbetter Fair Pay Act of 2009 do?
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Lilly Ledbetter fair pay Act of 2009- makes it easier for employees to challenge pay discrimination in court.
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What is the difference between apportionment and reapportionment?
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Apportionment is assigning the number of seats in the house of rep. and state legislators, or how many state and legislative, districts will have.
Every 10 years a census is taken. After the census a reapportionment is conducted: the process of adjusting the number of house seats among the states to reflect population shifts. |
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What is redistricting?
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After reapportionment the district lines within a state has to be redrawn. Called “redistricting” State legislative bodies are in charge of redrawing district lines.
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What are multimember districts?
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MMD: the same voters elect more than one representative to serve multiple districts (at large elections)
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What was the problem with unequal district size?
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People from district 2 have just as much political clout as district 1 although they have fewer people.
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What did Colgrove v. Green, (1946) rule?
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Colgrove v. Green (1946) Apportionment was a political issue so this was an issue for congress and the states and not the courts.
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What did Baker v. Carr (1961) rule?
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Baker v. Carr (1961) overturned this decision and ruled that apportionment was an issue that the courts had jurisdiction over.
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What did Wesberry v. Sanders (1964) rule?
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Wesberry v. sander (1964) ruled that unequal districts (including multi member) districts violated the “one person, one vote” principal stipulated in the Const. Each District should have approx, the same number of people. Applied to FEDERAL congressional seats.
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What did Reynold v. Sims (1964) rule?
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Reynolds vs. Sims (1964) applied the “one person, one vote” rule to the STATES.
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What is gerrymandering?
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Gerrymandering is drawing district lines to favor a particular group (i.e., political party, ethnic group, etc,)
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What are majority-minority districts?
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Majority-Minority districts were drawn. These are districts in which majorities are Black/AA, and or Latino/Hispanic. Suppose to maximize the number of representatives from these groups.
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What is political gerrymandering?
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Political Gerrymandering – drawing district lines to favor a particular political party.
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What is the primary responsibility of Congress?
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Article 1 of constitution vest law making authority in the congress
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How has this responsibility been delegated to other branches of the government?
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Overtime congress has delegated lawmaking power to other branches: The pres (via executive orders/executive agreements) and bureaucracy (via rulemaking)
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How long is a Congress?
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Each congress lasts for a term of 2 years, each term is divided into 2 sessions. We are in the 1st session of the 111th congress 2nd session begins in January.
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How long can a bill survive in congress?
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All Bills that were submitted in a congress and not acted upon are automatically killed once the congress ends (a bill has 2 years at most to pass) Hence, new bills have to be submitted
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What is a filibuster?
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Called filibustering (talking a bill to death)
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What is cloture?
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Debate may end by invoking cloture. 16 senators must sign a petition requesting cloture, and then 3/5 of the entire membership must vote for cloture.
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How many votes does it take to end a filibuster?
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3/5 of the entire membership must vote for cloture.
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What are the terms in years that a representative serves and a senator serves?
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Terms of members: House elected every 2 years, senators every 6 years
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What is the power of the purse?
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The house has the power of the purse since all taxing and spending bills must originate there
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What is the power of advice and consent?
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The senate has the power of advice and consent on president appointments and treaties
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What are the qualifications to become a House member and a Senator?
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House must be a citizen of the US for at least 7 years/senators 9 years, both must be a legal resident of the state from which he or she is to be elected. House must be at least 25 years of age/senate at least 30.
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What is the most powerful position in the House? And what powers are inherent in this
Position. |
Speaker of the house (most important position in the house) only office mandated by the constitution filled by a vote taken at the beginning of each congressional term.
a) Controls what bills get assigned to which committees b) Presides over the sessions of the house c) Determines committee assignments d) Schedules bills for action |
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In the House what does the Majority and Minority leaders do?
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Majority leader acts as spokesperson for the party and helps plan the party’s legislative program.
Minority leader has similar responsibilities and maintains cohesion within the party. |
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What is whip?
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Whips = vote counters. Try to sway members aligned with party’s interests.
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Who is president of the Senate?
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The constitution makes the vice president of the US the president of the senate.
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Who heads the Senate on a day to day basis?
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The president pro tempore elected by the whole, usually the member of the majority party with the longest continuous term of service in the senate
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What is the most powerful position in the Senate?
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The majority leader is the most powerful individual and chief spokesperson of the majority party
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What is an earmark?
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Earmarks are funds provided by the congress for projects, programs, or grants to a state (ie pork)
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What is a discard petition?
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Discard petition-forces a bill our of a committee (by a majority vote)
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In the House what are the 3 most important committees?
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a) standing committees (permanent) deal with legislation concerning a particular areas
b) In the house the 3 most important committees: Ways and means (taxing) appropriations (spending) and Rules. c) Rules committee decides when a bill will be debated and the rules for debate (controlled by the speaker) |
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In the Senate what are the 3 most important committees?
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In the senate the 3 most important committees are Finance, Appropriations, Foreign Relations and Armed Services.
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What does the rule committee do?
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Rules committee decides when a bill will be debated and the rules for debate (controlled by the speaker)
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What is the difference between a closed, open and modified rule?
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Open Rule: permits any germane amendment
Closed Rule: prohibits all amendments Modified Rule: These vary but it restricts the types of amendments and/or who can propose them (ie only common members where the bill originated from) |
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What are the qualifications to become president?
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Art. II Sec 1: natural born citizen, at least 35 years old, a resident of the U.S for at least 14 years In 1951 22nd amendment limited pres. To 2-4 year terms
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What are the terms of a president?
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Maximum of 2-4 year terms
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What is the presidential succession order?
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1. VP
2. Speaker of the house 3. Speaker pro tempore of the Senate 4. Cabinet Secretaries (in order of their creation) |
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What is the president’s appointment power?
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Can appoint, with the Senates Consent, the Heads of executive departments, justices of the SC, ambassadors, and other top officials.Because of civil service the pres. Appointment power is rather limited: cabinet, subcabinet, federal judgeships, agency heads, and about 2,000 lesser jobs.
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What is the president’s power concerning treaties?
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Can make treaties, with the advice and consent of the Senate (must be approved by 2/3 vote)
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What is the president’s power concerning vetoes?
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Has the power to veto legislation.
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What is a line item veto? Does the president have this authority?
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In 1996 congress passed the Line Item Veto Act. Line item Veto is the power to Veto individual lines or items within a piece of legislation without vetoing the entire bill. Ruled unconstitutional
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What is the president’s power concerning foreign policy?
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The President is commander in Chief of the armed forces. Can decide to go to war, but cannot officially declare war.
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Who can officially declare war?
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Congress has declared war five times, but the U.S has engaged in more than 200 activities involving the armed forces.
How many times has war been “officially” declared and what was the last official war? Congress has declared war five times, but the U.S has engaged in more than 200 activities involving the armed forces. |
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Who has the authority to use nuclear weapons?
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Only the President has the power to use nuclear weapons.
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What are the provisions of the War Powers resolution?
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War power acts require the Pres to consult with Congress 48 hours after sending troops into action. If congress does not authorize a longer period, the troops must be withdrawn after 60 to 90 days.
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What is the president’s power concerning reprieves and pardons?
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Can grant reprieves and pardons, except in cases of impeachment.
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What are inherent powers?
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Inherent Powers – powers that are necessary to carry out the specific responsibilities of the pres. As set forth in the Constitution. But not specified in the Constitution.
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What are executive agreements?
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Executive agreements are pacts between the president and other heads of state that do not require Senate approval, but they have the same legal status as treaties.
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What is an executive order?
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Executive orders a rule or regulation issued by the president that has the effect of law. This is the president’s legislative authority.
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What is executive privilege?
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Executive Privilege – the right of executive officials to refuse to appear before, or to withhold information from a legislative committee.
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Who selects the vice president?
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In 1804 the 12th amendment allowed President to select VP. Prior the VP was the person who got the 2nd most electoral votes.
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What powers do the VP have in the Senate?
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VP is President of the Senate – Votes in case of a tie
Most VP’s selected to balance the ticket |
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Who was the first activist first lady?
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Eleanor Roosevelt was the 1st activist first lady
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Which first lady established the office of the first lady?
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Rosalyn Carter was the 1st lady to maintain her office in the East Wing.
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Which first lady established the office of the first lady in the west wing.
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Hillary Clinton advocated Health Care Reform; she was the only 1st lady to keep an office in the West Wing.
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What is the presidential bureaucracy and what are the three agencies associated with each
type of bureaucracy as specified in lecture: |
Cabinets:
*sec of state * sec of treasury * attorney general Executive Office of the President Council of economic Advisers Office of management and budget (OMB) National Security Council (NSC) White House Staff. Chief of Staff National Economic Council Deputy White House chief of Staff |
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What is the spoil system?
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The awarding of government jobs to political supporters and friends.
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What were Presidents Andrew Jackson and Garfield famous for?
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-President Andrew Jackson established the “spoil system”
-President James Garfield was assassinated by an office seeker who did not get a job. |
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What did the Civil Service Act (Pendleton Act) in 1883 do?
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Created a merit system and the civil service commission
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What is the merit system?
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The selection, retention, and promotion of government employees on the basis of competitive exams
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What did Elrod v. Burns (1976) rule?
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1st amendment issue ruled that a civil servant employee couldn’t be fired for political reason
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What did the Civil Service Act of 1978 do?
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abolished the civil service commission and created two new agencies
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What does The Office of Personal Management (OPM) do?
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recruits, interviews, and tests potential government workers
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What does the Merit Systems Protection Board (MSPB) do?
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evaluates charges of wrongdoing, and can order action against agencies and employees.
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What is the difference between the following agencies and what types of agencies are associated with the following (you only need to know the Agencies listed during lecture)
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:Executive departments (Cabinet departments), Independent executive agencies, Independent Regulatory agencies, Government corporations
Independent Executive Agencies- A federal agency not part of a cabinet department but reports directly to the Pres. They have single functions -Ex.CIA, NSF (national science foundation, NASA -Independent regulatory agencies- their function is to create and implement rules that regulate private activity and protect the public interest in a particular sector of the economy. -SEC (security and Exchange commission) FCC (federal communication commission) FEC (federal Election Commission) Government corporations-like private corp. In that they provide a service that could be handled by the private sector, they charge for their services |
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What are government judicial agencies?
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Tax court
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What is rulemaking and what is a rule?
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Rules become laws, Rulemaking is governed by the federal administration procedures ACT requires at a minimum that the agencies must give public more notice
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