Political Science Final Part 1

Front 1

The First Party System 1800-1824

Back 1

Federalists v. Democratic Republicans (Jeffersonioan) "the Era of good Feelings. Parties were loosely organized.

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Federalists

Back 2

Alexander Hamilton and John Adams, wanted strong national govt. to develop and maintain strong national economy. Supported by commercial interests in the north urban areas.

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Democratic Republicans

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Found most support from farmers in the north and south

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Alien and Sedition Acts.

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Passed to repress those against federalist policies. Against the Jeffersonian party. The DR's used it to rally opposition and won when Jefferson was elected in 1800, the DR's were dominant in the two decades to follow.

Front 5

The (Jacksonian) Democrats vs. The Whigs 1828-1856

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The first real political parties emerged during the late 1820's by this time state were removing barriers for voting. Bothe parties had similar organizational and electoral techniques.

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Jacksonian Democrats

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Democrat way of life, headed by Jackson, stood for small govt., decrease in federal patronage, and increase in individual freedom.

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Whigs

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lead by Henry Clay and Daniel Webster. Liked Industrial development.

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The GOP (Grand ol' Party)

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Issue of slavery divide the parties. Focused on issues of abolition, labor, immigration. True representaives of Jefferson ideals. Took members of Jacks Democrats and Whigs.

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GOP First election

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Nominated their first candidate; Freemont in 1856, he didnt win but he had a sizeable vote. The issue of slavery helped the GOP grow in size In 1860 the nominated Lincoln as their candidate and was the the 1st and only third party candidate to win.

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1860-1896: The Civil War System

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Republicans and Democrats no true majority in balance for two reasons: 1. Electoral equality, Dems controlled prsidency for 8 years, Senate for 6 and HofR for 14 years. After Lincoln is elected Republicans are dominant for the elections between 1876 to 1892. 2. Each party had IDENTIFIERS: Dems became the party of the the southern white male and catholics. Repubs became party of the North big business, middle class white collar workers, and new black voters

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1896-1932 The Era of GOP Dominance

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The industrial revolution transformed america economically, socially and culturally. Corporate companies ruled over the industrial works. The last decade of 19th century had rapid economic and social change (realignment) and there was a development of protest movements and minor party influences.

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The Wizard of Oz

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An attack on the time used symbolism. Scarecrow=farmer Tinman=overworked industrial worker Lion=radical populist. Silver slipper on gold road lets change to gold and silver for inflation.

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The Populist (Peoples) Party

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Farmers, union members, and small wage industrial cities or the common man. "Wealth belongs to the people who create it." Opposed to large financial, banking interests, system of holding companies. Pop. William Jennings Bryant who campaigned for free coinage of silver to help debtors. Favored silver and gold to create inflation and help farmers continue.

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Progressive Movement

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Led by Theodore Roosevelt, surprised the republicans and corporate world by being an improvement-minded president. Called for an end to the spoils system, called for reforms that lessened the power of party machines.

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Two Forces that took down the GOP

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Urban Democrats and Stock Market Crash

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FDR's Coalition

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The South formed a major geographical component. but started to erode and eventually led to the loss of the "Solid Democratic South" in 1948.

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Sectional (geographical) Differences

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First era of political parties: New England=Federalists-urban. South and West=Democratic Repulicans-agriculture

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Positives of Political Parties

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Organize political life, coordinate actions of thousands, identify social problems, publicize them, and advance possible solutions. Help synthesize societal demands into public policy.

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Negatives of Political Parties

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Dont promote public good-they just want to get elected. Get payed! can control their members in a dictatorship way. recruit celebrities rather than people that are qualafied. they attempt to confuse public to get out of bad situations. can block eachother from fixing problems.

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Realignment

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A new party system ahs taken the place of the old bc of a shift in the types of groups that support the Parties. Occur when old party cannot accomodate or solve problems that develop with rapid social, economic, and cultural changes.

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Protest Party

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Evolve from protest movement, issues or government policies. Ex: Populist

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Splinter Party

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Segment of party leavs established party. Ex: Bull Moose Pary headed by Teddy Roosevelt.

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Idealogical Party

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Established around political philosophy/ideas. Ex: Libertarians RON PAUL MOTHA FUCKA

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Single Issue Party

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Single Issue Ex. abortion or abolitionist

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Piggybacking

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role of third parties in US. when a minor party draws in one or both of the major parties with a third party issue.

Front 26

Party Identifiers

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Individuals who identify themselves as a member of one paryy or the other. DAD

Front 27

Texas 1902 Poll Tax

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$1.75 which was a lot of money at that time, had big disproportioned effect

Front 28

Critical Elections: 1896

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William McKinley was elected by the GOP. Northern and Midwestern democrats abandoned their party to vote for him, big efforts to suppress populists

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Critical Elections:1932

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FDR was elected for the first time, nominated 4 times total, introduced the New Deal. Dems loved it, started the era of democratic dominace, entered into WWII in 3 theatres of war. Dems had the majority in state legislators which was a big deal.

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Critical Elections: 1968

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Nixon was elected, ended the coalition fo New Deal Dems, changes that began started suggested the formation of the sixth party system.

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Critical Elections:1994

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The republicans won and have maintained dominance in HofR and have brought up the question of a new era of GOP dominance.

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The Federal Court System

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The branch of govt. that is most removed from political influence

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Plantiff and Defendant

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Plantiff-party bringing suit. Defendant- party whom complaint is made against

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original jurisdiction

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Power of a court to hear a case for the first time

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Appellate Jurisdiction

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Power of a court to review decision and change outcomes of decisions of lower courts

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Civil Jurisdiction

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power of a court to hear NON-Criminal matters, Legal rights and obligations that citizens have with one another, big $$

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Criminal Jurisdiction

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power of courts to hear a case regarding crime; criminal code: offenses against society as a whole. Enforces criminal fines, imprisonment or execution.

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Judiciary Act of 1789

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first congress set it up, inferior courts were established-set up the basic structure of the federal judiciary-district courts-appellate courts-and the supreme courts.

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Federal District court circuits

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13 circuits (groups of states) Texas is the 5th

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US Supreme court Justices

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9 Justices - 1 chief justice and 8 associate justices, 3 are women, they are appointed by the president.

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Chief Justice of the Supreme Court

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John G. Roberts

Front 42

Writ of Certiori

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announces that the Supreme Court will hear a case on appeal from alower court, this requires a vote of at least four from the nine justices. Rule of Four

Front 43

Briefs

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Written legal arguments submitted by the opposing sides that the Supreme Court considers before reaching a decision

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Oral Arguments

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after the briefs the supreme court listens to these from both sides in a plenary session, both sides get thirty to sixty minutes to make their argument. may get interrupted by questions of the justices.

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Bench Memorandum

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Highlights the matters about which the justices may want to question counsel at the oral arguement.

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Levels of Seniority at the conference room

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1 chief justice and the senior associate justice, 2 the three most senior members, and 3 the 4 most junior members. no outside members are allowed to attend.

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Principle of stare decisis

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let the decision stand, the judges should stick to precendents (prior decisions) including the opinions of the court, to make their decisions-this helps maintain the relationship between Americans and the Constitution.

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Majority opinion

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Opinion of the court, supports the decision of the court, backgrounds, findings and reasoning of the court

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Concurring opinion

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opinion of a justice/justices who support the decision of the court but have a diffent legal reasoning for doing so.

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Dissenting opinion

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explains the reasoning of the minority, they often become the foundation for future court majorities (ALL OPINIONS FO THROUGH A SEREIS OF REVIEWS)

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Supreme Court reaches a decision, now what?

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gives it back to the lower court for implementation, which gives the lower courts a lot of legal responsibility bc the are responsible for a remedy (compensation for the creme-$$, change behavior)

Front 52

Role of Chief Justice

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one vote, ceremonial position, limited formal power. Most important power: decides who will write the majority opinion. important bc this influences the explanation of the courts ruling.

Front 53

Role of Solicitor General

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person set aside to represent the US int eh Supreme Court, he represents the presidential admin. views. involvement shows that the president and attorney general habe strong opinions on the subject. Can submit AMICUS CURIAE BRIEFS (friends of the court-someone who isn't involved) can be seen as the 10th justice

Front 54

Law Clerks

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young, influential aids hired by each justice that do alot of day to day work in the Supreme Court

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Judicial Review

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Supreme Court has the power to declare a law null and void because it is unconstitutional- seen in Marburry v. Madison

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Constitutional Interpretation: Plain meaning of the Text.

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Law is whatever the written law says. Most applaling to the common sense, it seems to say that judges should be awasre of their decision making, and not go beyond the printed word.

Front 57

Constitution

Back 57

Very short and left many issues undicided and phrases unexplained, the phrases are very broad=confusion, and the words used do not not always habe a clear legal definetion, vocab changes over time.

Front 58

Theory of original intent

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idea that the court should be fuided by the original intention of the framers and the words found inth constitution. Framers didnt think of the issues alive today, historical records may not be available.

Front 59

Living Constitution

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societies evolve and law can evolve with them. PRO: it fibes the political system flexibility whin adaptiong the laws to situations unheard of to the framers. CONS: if the rule constantly changes then there is no rule at all.

Front 60

Principle of Stare Decisis

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Stick to what has been ruled before in court.

Front 61

The Predictability of court decision

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suggests that poliical factors do play a role. Justice usually vote in the way people who nominatied them anticipated. Lawyers who make their way to the Supreme court already have reputations so future voting patterns can be predicted.

Front 62

Voting blocs

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more liberal justices are likely to read the constitution broadly, extensibe intepretations of individual rights, more sympathetic towards criminal suspects and govt programs designed to ensure equality

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Judicial restraints

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courts should rle narrowly and avoid overturning a prior court deciosion

Front 64

Double Jeopardy

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Being tried twice fr the same crime - cant happen according to the 5th amendment