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137 Cards in this Set
- Front
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powers of congress |
Articles I Section 8 and Article II Section 2 |
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Article I, Section 8 |
Impose taxes coin and borrow money regulate interstate foreign commerce pend money for the common defense and general welfare residual powers: elastic clause foreign affairs |
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Article II, Section 2 |
advice and consent: senate ratifies treaties and confirms presidential appointments of ambassadors approves presidential appointments to the supreme court, all officers of the US, or high ranking executive rank officials |
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how a bill becomes a law |
introduced by members policy agendas and windows of opportunity (look at steps) |
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one type of law that has to be introduced in the house first |
any raising of revenues or spending of government money |
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House |
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speaker |
John Bainer unilateral powers, controls what comes to the floor for consideration, length of time for debate, which amendments to allow. |
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whip |
vote counter. ensures that the party members do what they are supposed to knows the parties positions on everything have their vote count set before they bring an issue to the floor, not a guaranteed majority they won't bring it to the floor |
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Conference/Caucus |
all members of that political party who are working together |
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steering |
organization committees |
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policy |
study committees coming up with suggestions |
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NRCC/DCCC |
focused on helping their members get re-elected |
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president of senate=vice pres |
pro tem most senior member of majority party in senate. takes place of the vice president when he's not there |
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committees |
basic formal structure of congress
much of the detailed legislative work in congress occurs here. each focused on a particular area of policy allows for specialization and expertise in committees self-selection for members bills are sent to multiple committees or no committee at all. informal negotiations, formal executive-legislative summits, who decides? |
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standing committees |
exist permanently |
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special/select committees |
formed for a specific purpose |
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joint committees |
members of house and senate, no legislative authority |
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conference committees |
members of house and senate for resolving differences over a bill |
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house debate on the floor |
debate time divided equally between proponents and opponents germane amendments no riders committee of the whole (quorum = only 100 members) |
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senate debate on the floor |
unanimous consent agreements needed to limit debate amendments need not be germane unrestrained debate a forum for expressing social interests |
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party cartel theory |
members want to attain majority party status. to get the benefits of the majority: agenda control, access to committee leadership, they must build a good "party brand" and promote the party message. parties are perceived as owning particular issues and they try to frame debates to favor their party image |
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polarization (look at slides) |
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conditional party government theory |
amount of power rank and file give to party leadership depends on 3 factors: 1. ideological homogeneity in the party caucus 2. increasing distance between the caucuses 3. tightness of electoral competition |
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"hastert rule" |
only brings things to house floor that can pass with a majority of the majority |
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senate: minority rights |
legislation must have unanimous consent to be considered. rule for debate negotiated bw min and man leaders |
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senate obstruction |
holds, filibusters |
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holds |
a threat to filibuster by an individual. reasons for holds range from informational purposes, effort to force negotiation or action, or retailation |
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filibusters |
block action on the floor. longest filibuster Strom Thurmond (D-SC) 1957 Civil Rights bill 24 hours 18 mins |
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cloture votes |
60 votes in senate to end a debate, 30 hour debate time, and all amendments must be germane to the bill |
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presidency |
Article II: Commander in Chief take care to execute the laws send messages to congress on state of union veto legislation negotiate treaties subject to 2/3 approval of the senate make appointments subject to senate approval |
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crisis leadership |
lincoln, woodrow wilson, FDR, Reagan |
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Rhetorical skills that move public |
ex. |
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Expansive policy agenda |
thoedore roosevelt square deal woodrwo wilson new freedom fdr new deal obj great society |
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Stephen Skowronek |
personal skill is not determinative, an impact of pres depends on his political time |
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political time |
association with or opposition to the established governing regime level of political authority as perceived by the people and important political actors (congress, media elite etc.) |
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typology of political time |
reconstructive articulative preemptive disjunctive |
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reconstructive presidents |
serve in a time when the established regime has been discredited (FDR) have the authority to establish a new political order with new rules and relationships Jefferson, Jackson, LIncoln, FDR, Reagan We live in the age of Reagan (still?) |
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Articulative presidents |
share party affiliation with the established regime and continue with its program. they further articulate the goals of the established regime have difficulty establishing their own power, must deal with factions in the coalition. includes presidents who directly follow reconstructive leaders and those who are seen as trying to reinvigorate a regime teddy roosevelt, lyndon Johnson, George HW |
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preemptive presidents |
from the opposite party as the established regime elected because of public dissatisfaction with the regime seek to change the prevailing sturcute but lack the right circumstances to be reconstructive presidents Wilson, Nixon, Clinton |
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Disjunctive presidents |
share party affiliation with a declining regime and try to continue its policies seen as incompetent because of the waning authority of that political order that can't solve contemporary problems. Are the last presidents before a reconstructive president |
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James Barber |
president will be successful based on their character Predicted downfall of nixon |
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Character theories |
passive or active in energy level, positive or negative affect in their outlook on politics and pres as privilege or burden best: active-positives FDR worst: active-negatives Nixon, LBJ |
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hard to fit press into 4 categories |
GWB: Cowboy:decisive, too quick to act and not intellectually engaged OBAMA: Spock: cool under pressure or not emotionally connected and feeling people's pain |
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Neustadt: Prestige |
popularity and how he uses it to get congress and political actors to cooperate when he's popular will use peerage into policy gains bush 9/11 patriot act national surveillance, war w iraq, expanded executive authority Obama pass economic stimulus plan and heath insurance reform |
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Bully Pulpit |
presidents try to force congress and other actors to adopt their program by going directly to constituents through use of the bully pulpit |
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dangers of going public |
in new media age of cable and internet public can ignore you more easily. taking a public position hardens a stance makes it harder to bargain or back off it in negotiations |
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neustadt: professional reputation |
president as bargainer and how effective. how must partisans and opponents trust him, formidable force. can use veto as a threat but sign of weakness when forced to use obama examples |
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divided government |
when presidency and 1 or both branches of congress are controlled by opposing parties pre-WWII rare 21 of 34 post war congresses divided caused by decline in presidential coattails, split-ticket voting, realignment of the south, polarization of parties, and tight electoral competition |
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unified government |
FDR and New Deal Johnson and Great Society Carter and failed energy policy clinton failed health reform |
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divided government |
gridlock Obama and house failed budget deals Clinton balanced budget agreement and welfare reform reagan tax reform |
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great recession |
the housing bubble burst leading to foreclosures. banks invested in housing loans lost money and other bad practices led to freezing of the credit markets which also affected businesses and their ability to expand. construction and manufacturing decline and affects related sectors. government jobs lost as states cut back to balance their budgets and ran out of stimulus money |
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pres, cong, budget |
president sends an annual budget proposal to congress (look at slide) |
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entitlement reform |
the big issues mandatory v discretionary spending: mandatory spending is increasing and crowding out room for discretionary spending on defense and non-defense (education, environment, transportation etc.) |
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entitlement reform |
refers to legislative efforts to make changes in the benefits paid from government administered funds to citizens who meet a certain requirement and are therefore entitled by either right or legislation to receive that benefit. ex (look at slides) |
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bureaucracy |
refers to the agencies (civilian and military bureaucracies) bureaucrats work for the gov't but are not elected (implement policies congress and press decide upon, agents to two principles) agencies in the executive are one of three types 1. within a cabinet department 2. independent agency 3. government corporation |
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growth of the executive agencies |
increased nationalization led to the bureaucracy's growth spikes in the size are correlated with reform and new programs early 1900s and the economy/military 1930s and the new deal 1960s70s great society the role of war |
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spoils system |
in the beginning to the winner goes the spoils
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civil service |
congress established pendleton act of 1883 most bureaucrats are civil servants jobs are protected from patronage and they cannot be fired for political reason |
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SCOTUS |
constitution says little about how to run article III establishes jurisdiction checked by congress and pres little in regarding judicial checks on other branches (powers established over time, judicial review, supremacy of federal courts) |
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Marbury v Madison 1803 |
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Judiciary Act of 1789 |
created lower courts district courts are the lowest level circuit courts of appeal above them amendments expanded (94 federal district courts, 13 circuits, each circuit has a court of appeal) |
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"rule of four" writ of certiorari |
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McCulloch v Maryland 1813 |
state cannot tax the national bank |
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Gibbons v Ogden 1824 |
congress can regulate interstate commerce |
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restraint v activism |
categorize judges based on philosophical approach to law. strict constructivism & judicial restraint judicial activism leas political branch |
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judicial appointments |
more contentious and confirmations have slowed more ideological the nominee, the more contentious a way for presidents to leave a legacy |
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appointments for life |
Ted Cruz suggested retention elections after same sex marriage ruling some states have judicial elections |
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majority rule v minority rights |
minority groups historically have turned to the courts to help overturn discriminatory laws (Jim Crow in the south) courts can protect rights and liberties often courts follow public opinion |
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civil rights |
the legal or moral claims that citizens are entitled to make on the government refers to efforts by government to guarantee equal treatment and opportunity for citizens status of civil rights depend on enforcement of law and evolution of public opinion and culture |
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civil liberties |
protections of citizens from improper governmental action; what gov must not do |
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ninth amendment |
"the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people" addressed the federalist concern that a listing of rights would suggest that the list was exhaustive and there were no other liberties people enjoyed |
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Civil rights and race |
us has a history of racial discrimination by gov and private sector 3/5 |
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dred scott v sanford 1857 |
based on missouri compromise of 1820 country had been divided into free and slave states and mechanisms adopted to admit territories to the union as free or slave states. scott's master had taken him into several states free territory where slavery is illegal. after failing in efforts to purchase his freedom scott sued. supreme court ruled blacks whether slave or free cannot be citizens therefore have no rights of citizens under the constitution or standing in court. also declared missouri compromise unconstitutional because slaves are property and government cannot deny property rights without due process of law = no authority to prohibit slavery in the territories |
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Civil rights |
courts much slower on civil rights than civil liberties |
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selective incorperation |
did not apply to civil rights. court struck down civil rights act of 1875 is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. |
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Plessy v Gerguson 1896 |
Upheld a louisiana statute that required segregation on train cars the 14th amendment "could not have intended to abolish distinctions based on color, or to enforce... a commingling of the two races upon terms unsatisfactory to either" "separate but equal" |
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Racial segregation |
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Brown v Board of education |
linda brown was a third-grade african american in Topeka KS who was denied admission to the all-white school closer to home the court ruled "in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal" |
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Civil Rights Act of 1964 |
authorized the national government to end segregation in public education and accommodations the democratic party's strong sponsorship of the bill was a decisive issue in the 1964 presidential election LBJ won in a landlside Northern deems dominated s and h |
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voting rights act 1965 |
authorized the department of justice to suspend restrictive electoral tests in southern states with a history of low black voter turnout DOJ given authority to send federal officers into resistant communities to ensure blacks could register to vote clear changes in election laws with the DOJ |
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Shelby County v Holder 2013 |
to eliminate section 5, pre-clearance requirements for covered districts making changes to election law or districting boundaries |
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affirmative action |
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UC v Bakke 1998 |
the medical school's approach to diversifying the student body violates the equal protection rights of white applicants |
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gratz v bollinger 2003 and grutter v bollinger 2003 |
gratz: although diversity in higher education could be a "compelling interest," the Universityof Michigan’s assignment of one-fifth the total points foradmission on the basis of race is unconstitutional Grutter: theUniversity of Michigan Law School passed muster, as race is only factorconsidered for admission |
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Fisher v UT at Austin 2012 |
top 10% law, look at notes |
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strict scrutiny |
is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. |
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griswoldv connecticut 1965 |
gov cannot outlaw contraception. people have a right to marital privacy 9th amendment |
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Roe v Wade 1973 |
government cannot outlaw abortion privacy, "wherever it is found" |
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LGBTQ rights |
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don't ask don't tell 1993 |
now repealed |
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romer v Evans 1996 |
prohibits descriminatino baed on sexual orientation |
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bowers b hardwick |
upholds anti sodomy law |
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lawrence v texas 2003 |
overturns bowers v hardwick |
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same sex marriage support |
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US v Windsor |
Defense of Marriage Act federal courts in 4 states have ruled it unconstitutional to not provide benefits for gay spouses in legally recognized marriages. DOMA says marriage is between a man and a woman and envies federal benefits (Socil Security, tax, health insurance) Section 3 ruled unconstitutional |
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Hellingworth v Peryy |
9th Circuit has ruled propostition 8 the CA initiative is unconstitutional because CA citizens initiative constitutes separate treatment under equal protection clause. CA could not take away a right from its citizens 5-4 lack of standing, narrow ruling applies only to CA |
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Obergfell v Hodges |
6th circuit had ruled that same-sex marriage bans could stand in 2-1 decision. SCOTUS reversed the 6th circuit ruling and found that the 14th amendment required states to issue marriage licenses to same-sex couples and states must recognize marriages preformed in other staes |
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gender equality in the work place |
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pay gap |
2012 ratio of women to men's median weekly earnings for full time workers is 80.9% |
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causes of the pay gap |
many jobs dominated by women don't pay well female dominated jobs pay less than male-dominated jobs that require similar skill levels women are more likely to leave work force or ooh for jobs that allow flexibility to be with family but gap persists when look only at full time workers |
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causes of pay gap |
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Glass Ceilings: |
women are underrepresented at top levels of professions. ex. women are half o flaw school graduates but only 1/3 of lawyers. in law firms women are 45% of associates and 15% of equity partners |
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walmart v dukes (2011) |
supreme court would not certify as a class action for 1.5 million women so they must sue individually. walmart had a pattern of not promoting women and paying ghtme less |
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Ledbetter v Goodyear Tire and Rubber 2007 |
ledbetter had 180 days to file suit. led congress to pass lilly ledbetter fair pay act to make time frame for filing suit start over at each discriminatory pay check. |
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Free Speech |
freedom of speech is essential to representative government and the exercise of individual autonomy in general, the supreme court has gone to great length to protect speech that is expressly political nontheless, there are limits |
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dennis v us 1951 |
eleven communist party leaders were arrested for advocating for the violent overthrow of the US national government clear and probable danger test "in each case the couts must ask whether the gravity of the "evil" discounted by its probability, justifies such invasion of free speech as is necessary to avoid the danger." Fred Vinson-Learned Hand |
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Brandenburg v Ohio 1969 |
KKK mad a speech at a klan rally and was convicted under law "crime sabotage violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform" as well as assembling "with any society group or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism" "imminent lawless action and is likely to incite or produce such action." |
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Tinker v des moins independent community school district 1969 |
black bands symbolizing peace |
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Cohen v CA 1971 |
"F*ck the draft" in state courthouse |
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Texas v Johnson 1989 |
burn the flag as symbolic political speech |
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freedom of religion |
1st amdendment "congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." |
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the lemon test |
the supreme court specified three conditions in order to avoid "establishment" lemon v kurtzman 1971 reimbursement of teachers' salaries in PA 1. must have a secular legislative purpose 2. primary effect must be one that neither advances nor inhibits religion 3. not foster an excessive gov entanglement w relgion |
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neutrality test |
part 2 and 3 of lemon conflict board of education v Grumet, drawing of school district around a specific religious group voucher program subsidies for instructional materials |
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establishment clause and public displays of religious symbols |
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lych v donnelly 1984 |
Creche in RI constitutional bc does not require complete separation and mandates accommodation and not just tolerance of all religions |
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county of allegheny v aclu 1989 |
creche v manura and christmas tree |
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mcCreary county v aclu 2005 |
10 commandments in two KY court houses as part of display on foundations of american law |
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van orden v perry 2005 |
40 year old 6 foot tall display of commandments at tx capitol among other monuments that commemorate the "people, ideals, and events that compose texan identity." |
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2nd amendment "rights" |
us v miller "well regulated militia" 1968 gun control act - interstate criminals 1976 DC ban new guns 1986 firearm owners protection act, eases ban on interstate 1993 brady handgun violence prevention act - background checks dc v heller 2008 - individual right 2nd amendment incorporated into the states |
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purpose of public education |
equalize opportunity for all regardless of income and family train workers to compete in global economy values of good citizenship, tolerance for diversity, assimilate immigrants into american life |
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early fed gov involvement in ed |
importance for functioning dem. and econ northwest ordinance of 1787 1 sec of land for school Morrill Land Grant Act of 1862- public land public college agriculture mechanical arts late 1800 public education to assimilate large waves of immigrants |
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1950s ed |
Eisenhower pass grants for study of math and science |
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1965 |
LBJ war on poverty includes elementary and secondary education act (close the achievement gap) |
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inequities in education |
student performance correlated w family background good states have high income, spend more on ed, more college degrees |
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states and education funding |
education is a state function 48% state, 44% local, 8% federal |
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san antonio ind. school district v rodriguez 1973 |
education is a province to the state, equal education is not a fundamental right under equal protection clause |
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scope of the problem |
us lags other countries in educational achievement (math n science) education system in reinforcing social inequality reinforces racial inequality |
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NCLB |
no child left behind to focus on creating standards and accountability, all students at grade level by 2014 tracking on low income, race, disabilities, limited english measure whether states are making adequate yearly progress (punishments) |
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testing |
provides into on student progress to improve instruction, create accountability problem bc states allowed to structure own tests reducing standards teaching to the test |
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obama and nclb |
Obamaadministration has given waivers to 32 states and DC because states are notgoing to meet proficiency goals by 2014.Waivers letstates adopt different achievement goals for different groups of students aslong as the lowest performers are required to make the fastest gains |
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•Waivers aregiven in exchange for demonstration of plans that focus on Obama’s educationpolicy goals: college and career readiness, encourage testing in other areas inaddition to math and reading, want a focus on improving lowest performingschools, student growth from year to year instead of AYP, and improving teacherquality (ex. tie teacher pay to test scores/ merit pay).•Encouragestates to adopt Common Core Standards in Math and English Language Artsdeveloped by National Governor’s Association.•43 states andDC have adopted.•6 states havenot adopted: AK, MN, NE, OK, TX, VA.•MN adoptedjust the English standards.•The CommonCore has become very political and a central component of the Republic PrimaryElection |
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school choice |
public v private create competition charter schools school vouchers: subsidy to low income of privet school |
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morrill land grant act 1890 |
each state to she that race was not an admission criterion or else to designate a separate land-grant institution for persons of color |
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GI bill |
low cost mortgages, low interest loans, payment o fruitions and living expenses, and one year of unemployment at least 90 days active duty end in 1956, 2.2 mill used it to attend college, 6.6 for worker training program |
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GI 1952 post korean war post 9/11 go bill 2008 |
all veterans serving since 9/11 four academic years of ed. housing allowance and 1000 a year for books |
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higher ed act of 1965 |
LBJ great society grants and low interest loans for low income |
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efforts to address costs and outcome |
slides |
