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137 Cards in this Set
- Front
- Back
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civil rights
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equality of rights for all persons regardless of sex, race, religion.....
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constitutional basis for civil rights, major laws, and court cases
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equal protection clause of 14th amendment (1868)
"All persons born or naturalized are citizens of the United States and of the State wherein they reside." "No state shall...deny to any person within its jurisdiction the equal protection of the law." |
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types of segregation and tactics: African Americans
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Slavery (1619-1860s)
Dred Scott V Sandford Jim Crow Laws Grandfather clause Plessy v Ferguson De Jure & De Facto |
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Dred Scott v Stanford
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1857- Chief Justice ruled that blacks not citizens and had "none of the rights and privileges" of citizenship
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Jim Crow Laws
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poll taxes and literacy tests for blacks
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Grandfather clause
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Whites primary
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Plessy v Ferguson
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1896- separate but equal doctrine for african americans
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De Jure
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(segregation that existed because of local laws that mandated the segregation)
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De Facto
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(segregation that existed because of the voluntary associations and neighborhoods)
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Civil Rights Act of 1964
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public accommodations and employment
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1964 24th amendment
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poll taxes
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voters right act of 1965
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literacy tests
preclearance criteria overturn Supreme Court in 2013 |
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Civil Right Act of 1968
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housing
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Suspect classification
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strict scrutiny
compelling state interest |
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types of segregation and tactics: Latinos
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segregated schools
underfunded education places had "no mexicans allowed" signs citizenship of puerto ricans voting rights immigration |
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Hernandez v Texas
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1954- suspect classification extended to ethnicity
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types of segregation and tactics: Asian Americans
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immigration exclusions
employment & land ownership restrictions violence-WWII internment camps |
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types of segregation and tactics: Indians
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1st policy- Indian removal
2nd policy- assimilation (1880s) 3rd policy- tribal restoration (1930s) |
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types of segregation and tactics: women
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sexual harrassment & hostile environment
public awareness & lobbying employment, credit, education |
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Womens Suffrage movement
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1848 Womens rights convention
protests 19th amendment 1920 |
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Franklin Kameny
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gay rights, fired from federal government
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Age Discrimination Act of 1990
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over 40 will not be discriminated against
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americans with disabilities act of 1990
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public building/services accessibility
employers make accomadations |
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Affirmative Action
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positive steps to ensure that qualified racial minorities and women are hired
Reverse discrimination college admissions employment quotas |
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Role of parties in congress
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1.shape legislators preferences
2. leadership plans strategy 3. parties assign their members to committees 4. parties weaker in us congress than other democracies (b/c not a parliamentary system and primary elections) |
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Powers of majority party
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1. all committee chairs
2. agenda control 3. more tools for strategy 4. minority party status most onerous in house |
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party leadership in house
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speaker of house, minority leader, majority leader
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party leadership in house roles
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1. scheduling and rules
2. party spokesperson 3. strategy |
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constitutional leadership of senate
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vice president, president pro tempore
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president pro tempore
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most senior member of majority
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committees in congress
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legislation, kill 90% of proposed legislation
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standing committees
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1. power in dc - prestige committees
2. reelection - constituency match 3. good government - personal interests |
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Select committees
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house - intelligence
senate - intelligence, indian affairs, ethics, aging |
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joint committees
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expertise - economics... taxation
housekeeping - printing... library |
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chairs selected by
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modified seniority system
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conference committees
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drafts and compromises bills that both houses can accept
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Legislative Process
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multistage process: committees, floor action, reconciliation of House & Senate versions, presidential decision
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party line vote
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50% of one party votes in one direction while 50% of other party votes in opposite direction
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filibister
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delay a vote on a proposal
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cloture
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motion to bring debate to a quick end
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types of representaion
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descriptive, policy, service
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descriptive representaion
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elected representatives should represent constituencies and political descriptive characteristics
geographical area of birth, occupation, ethnicity, or gender |
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policy representaion
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instructed delegate, trustee role
expressed opinions may be biased, shared values |
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service representation
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ex: town hall meeting to help senior citizens protect themselves from identity theft
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GAO
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general accountability office- oversight of executive branch
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Constitutional powers/roles of president
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national security powers
legislative powers administrative powers judicial powers |
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president national security powers
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commander in chief
negotiate treaties - ratified by 2/3 vote in senate nominate ambassadors - confirmed by 1/2 vote in senate receive ambassadors - us recognition of foreign governments |
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president legislative powers
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recommend legislation
veto legislation state of the union address |
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president administrative powers
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"take care that the laws be faithfully executed"
nominate executive branch officials |
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president judicial powers
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nominate federal judges - senate confirms w/ majority vote
grant pardons for federal offenses |
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modern roles/powers of president
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crisis management
symbolic leadership agenda setting recruitment coalition building implementation oversight |
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president crisis management
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highest priority
foreign affairs economy - recession/inflation domestic - disaster relief |
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president symbolic leadership
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president as head of state (vs head of govt)
presidential visits |
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president agenda setting
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presidential speeches
greater media coverage greater public focus legislative proposals budget priorities |
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president recruitment
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cabinet
executive office of president (EOP) - white house staff, OMB - office of management and budget, council of economic advice, national security council 3,000 appointments |
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The president's inner circle (closest to president to furthest)
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president-white house staff-executive office of president-the cabinet
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president legislative and political coalition building
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power to persuade
work w/ congressional leaders office of legislative affairs head of political party |
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president program implementation
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6th priority
new programs actions by others |
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president oversight of government programs
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7th priority
existing programs supervision of others information |
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positive presidential legislative powers
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recommend legislation
budget proposals build coalitions in congress build public support success rate |
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president success rate
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averages 50%
party control of congress matters more successful earlier in term more successful on foreign policy than domestic policy |
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negative presidential legislative powers
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regular veto
pocket veto |
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regular veto
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10 days to sign, ignore, return to congress
veto override - 2/3 vote in both house and senate |
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pocket veto
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congress adjourns during 10 day period
unsigned bills automatically vetoed |
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president & foreign policy
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commander in chief
chief diplomat - recognition, treaties: senate 2/3 vote, executive agreements |
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executive orders
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enforce:
legislation treaties administrative practices |
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executive privilege
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resist certain subpoenas and other interventions by the legislative and judicial branches of government
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signing statements
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written statement when signing bill into law
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presidential popularity trends
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less popular over time
weak economy hurts long wars hurt rally around the flag scandals |
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structure for presidential succession
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25th amendment-
vacancy in vice presidency: pres. nominates new vp, house & senate confirm w/ majority vote presidential disability: pres. written request to speaker of house & pres pro tempore of senate, vp & majority of cabinet, vp becomes acting president |
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impeachment
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treason, bribery, or other high crimes and misdemeanors
house impeaches, simple majority senate holds trial, 2/3 vote |
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structure of executive branch
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president & VP
executive office of pres (EOP) 15 executive departments: many specialized bureaus, heads form presidents cabinet (secretary of...) 70-ish independent agencies and regulatory boards government corporations |
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role of pres cabinet
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heads of departments
divided loyalties of secretaries Inner cabinet: state, treasury, justice, defense |
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bureaucrats: civil service
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replaced most patronage in 1880s
job placement based on experience protected against capricious firing |
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bureaucrats: federal employees political activities act of 1993
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may:
run for nonpartisan office contribute money & campaign for those seeking partisan elective office may not: engage in political activity on duty or with those involved in agency run for partisan office |
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what bureaucracies do
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administration
rulemaking: quasi legislative function, bureaucratic discretion adjudication: quasi judicial function, decisions reviewed in court |
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Federal Register
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where proposed and final regulations are published
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Iron triangle
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Bureaucracy-> low regulation, special favors-> interest group-> electoral support-> congress-> funding & political support-> Bureaucracy
Bureaucracy-> policy choices & execution-> Congress-> friendly legislation & oversight-> Interest groups-> congressional support via lobby-> Bureaucracy impenetrable, autonomous policy for clientele group's interest |
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issue networks
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increased complexity of issues
more interest groups, consultants, academics changing group of actors more modern interpret of bureaucracy, interest groups and congressional relations |
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characteristics of bureaucracies
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subject to presidential, judicial, and legislative reviews
funding process and levels clientele groups org/structure norms |
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constitutional format of supreme court
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no one interpretation of constitution or laws
interpretation of law is not neutral makes public policy limited description in const. changing role for chief justice changing control over docket |
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docket
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the official schedule of proceedings in lawsuits pending in a court of law
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Supreme Court Eras: 1789-Civil War
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legitimize the national govt
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Supreme court eras: 1865-1930s
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promote economic freedom/growth
corporations same rights as persons strikes down most economic regulation |
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supreme court eras: 1930s-1970s
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more concern with political liberties
allow more restrictions on economic freedom |
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supreme court eras: 1980s-today
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new conservatism or new federalism
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structure of federal court systems
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level 1: federal district courts
2: appellate courts 3: supreme court |
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how a federal court judge is selected
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nominated by president - 89% from own party, fbi & aba screenings, senatorial courtesy for district judges
confirmed by majority vote in senate 50 judge appointed each year |
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structure of state court systems
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level 1: state trial courts
2: appellate courts 3: state supreme court |
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appellate courts
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3 judges, no juries
interpret procedures not evidence 2/3 uphold original decision 1/3 returned to lower court |
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federal courts
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criminal cases involving federal law (20%)
civil cases involving: citizens from 2 states, minimum $75,000 in damages (80%) |
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US Supreme court
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accepts 5% of cases
9 judges determines if law was interpreted correctly |
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how a state court judge is selected
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appointed
elected retention election |
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Supreme court decisions
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original jurisdiction
appellant decision |
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appellant decision
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screening of cases
written and oral arguments conference written decision |
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Appellant decision: screening
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litigants petition court for hearing: writs of certiorani
discussion list: role of law clerks (researches issues and assists judge), amicus curiae briefs (has nothing to do with case and offers advice), justices beliefs docket: rule of four (permits four of the nine justices to grant a writ of certiorari) |
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Appellant decision: arguments
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written beliefs
oral arguments oyez project - recordings |
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Appellant decision: conference
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closed door meeting
cases heard preliminary vote assignment to write opinion circulation of opinion compromise and coalition building |
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Appellant decision: written opinions
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majority opinion - example
dissenting opinion - 60% of time concurring opinion - 44% of time |
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powers of supreme court
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judicial review
sets down docket strikes down 1 federal law & 2 state laws a year most frequent power: interpretation of law |
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judicial review
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unconstitutional
marbury v madison - theory of govt, an action of legislature, in conflict to constitution, is void |
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counter-majoritarian action
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supreme court strikes down laws
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constraints of supreme court
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no hypothetical cases
no enforcement powers role of public opinion, 3/5th match "supreme court shall appellate jurisdiction, with such exceptions as congress shall make" - reconstruction acts |
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suspect classifications are defined as
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classifications, like religion for which discriminatory law must be justified by compelling state interest
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_____ standard of review used by supreme court to evaluate laws that make nonsuspect classification
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minimum rationality test
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standard of review used by supreme court to evaluate laws that treat indiv. differently based on GENDER
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the intermediate standard of review
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which is a substantive rather than procedural law
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Title IX
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korematsu v United states
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strict scrutiny applied to laws treating racial groups differently
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example of de facto discrimination
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income disparities between blacks and whites
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13th ammendment
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banned slavery
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busing illustrated:
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de jure discrimination was eradicated from education, de facto discrimination remained
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affirmative action programs extremely controversial because of:
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american committment to procedural over substantive approaches to eradicating racism
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hispanic americans are significant in numbers, their diversity has:
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led to fragmentation and powerlessness
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asian americans have
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achieved greater educational and economic success
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employment non discrimination act (EDNA) protects ____ in work environment
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gays/lesbians
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strategic politician
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makes decision to run based on calculations of how successful they would be
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The congressional rules for deliberation on the floor:
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stricter in house than senate
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leader of house of rep
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speaker of house
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majority of work in congress done in ____ committees
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standing
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how many senators must vote to end filibuster
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60
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impeachment is criticized because:
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too cumbersome to use in most circumstances
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executive orders
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directives to bureaucratic agencies on how laws are to be implimented
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what member of executive branch argues cases for govt before supreme court
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solicitor general
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cycle effect
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president begins term in office with high popularity, then decline through 4 year terms
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policymaking has become more centralized in white house b/c...
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white house staff has put the presidents political goals ahead of the interests of cabinet secrataries
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Hiring and advancement by merit replaced _______ in American government.
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spoils system
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Which piece of legislation limited the political involvement of civil servants in order to protect them from political pressure and keep politics out of the bureaucracy?
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Hatch act
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Which of the following terms refers to the complex procedures and regulations surrounding bureaucratic activity?
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red tape
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What is the key difference in accountability between private bureaucracies and public bureaucracies?
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private have clear goals and clearer lines of accountability than public
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Along with administrative and rulemaking powers, bureaucratic agencies often also have:
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judicial powers
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The _______ require(s) that bureaucratic meetings be open to the public.
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sunshine laws
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A civil law tradition is one that
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based on legal code created by legislature
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In Federalist No. 78, Alexander Hamilton argued for establishing an independent judiciary by referring to the judiciary as
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least dangerous branch of govt
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The American dual court system (state and federal) is an application of
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federalism
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The authority of a court to hear a case first is known as _____ jurisdiction.
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original
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In which of the following rights would a strict constructionist NOT believe?
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right to privacy
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A justice who disagrees with the way the majority of the court voted may draft a(n)
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dissenting opinion
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