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POS 1041 Final Exam

FSU POS 1041 Weissert Final Exam Study Guide

The presidency is covered in which section of the Constitution Article 2
Did the Founders foresee a strong presidency? How do we know? The founding fathers didn’t foresee a strong presidency because they didn’t design the president to be especially powerful because they just achieved independence from a king
What is the vesting clause in the Constitution? It states that executive power shall be vested in the president.
What constitutional provision provides the inherent powers of presidents? The vesting clause allows special powers to be granted to the president especially in times of crisis.
What are examples of presidents’ expressed powers? delegated powers? inherent powers? Expressed-Commander in Chief, Pardons and Reprieves, Appointments Delegated- Take care that laws are faithfully executed. Inherent-Powers not specifically stated
Describe the impeachment process (what does the House do; what does the Senate do? With what vote?) The president has to be accused of a high crime such as bribery or treason. Then the House takes a vote to impeach the president. If a majority is achieved, then the Senate much achieve a 2/3 vote to remove the president from office.
Which two presidents were impeached by the House? Were they removed by the Senate? Andrew Johnson and Bill Clinton were impeached by the House but they weren’t removed by the Senate
Recess appointments are in the constitution. Why were they recently an issue before the Supreme Court? After the death of Justice Scalia, Obama wanted to appoint a new Justice when the senate wasn’t in session but Republicans sent one member to convene the Senate every day so technically the Senate was considered in session
What expressed power was recently used by President Obama to deal with perceived unfairness in sentencing for drug-related crimes? Obama pardoned many convicted offenders of drug related crimes.
Which power is especially important in times of crisis? Inherent Powers are the most important powers during a crisis because it gives the president the ability to create laws that may go against the constitution. (G. W. Bush- The Patriot Act)
What are executive orders? How have they been used recently? What president greatly stepped up their use? Executive Orders are orders declared by the president. They have been commonly used during times of war or crisis. FDR greatly increased the number of executive orders given by the president.
Can President-Elect Trump revoke executive orders of President Obama when he is in that office? Yes
What are the checks on the presidency? Congress can overturn a veto with a 2/3 vote, The Process of Impeachment, Presidential Appointments have to be approved by the Senate.
What is divided government? Unitary government? Divided Government is when one or both Houses of Congress and the President are controlled by different political parties. United Government is when both Houses of Congress and the President are controlled by the same party.
Have recent presidents (Bush and Obama) strengthened or reduced the presidency.? Both Bush and Obama have strengthened the presidency
The Senate must ratify treaties signed by the president. By what vote? 2/3
The Senate must approve federal judges and ambassadors. By what vote? Simple Majority (51/49)
What is the package veto? By what vote can the Congress override the presidential veto? A package veto allows the president to veto the entire bill, rather than just vetoing a portion of the bill. Congress can override the president’s veto with a 2/3 vote.
What is a pocket veto? A pocket veto allows the president to take the bill hold on to it until it can’t be voted on anymore.
What are the trends in the use of the presidential (package) veto? Presidents have tended to use the veto less and less since the Reagan administration
What requirements of the president in the constitution were of concern to a group known as the “birthers?” The area of being a natural born citizen to be President of the United States. They believe that the President should be born in the U.S, rather than being born on U.S territory or being naturalized as a citizen of the country.
Who is in line for presidential succession after the vice president? Who is next in presidential succession? After the Vice President, it goes to the speaker of the House and after them it goes to the Senate President Pro Tempore
What is the bully pulpit? A position of public office where the politician can do the most to promote a certain agenda. (The President in the White House)
What do we mean by domestic presidency? The international presidency? Which of these allows the president most autonomy? Domestic Presidency is a president primarily focused on improving issues on the Homefront, while an international presidency is more focused on improving foreign relations.
The vice president is also the Senate President. When does he get to vote? When there’s a tie
Unlike other countries, the U.S. President serves what two functions? They serve as the head of the government and the head of the state
Presidents have unilateral power—in other words they can act on their own—in what areas? Passing laws and appointments must be approved by congress.
What promises made by President-elect Trump might he be able to enact with unilateral power? Unilateral Powers Repeal Obama Executive Order Renegotiate nuclear deal with Iran Renounce Paris agreement on greenhouse gases Restart Keystone pipeline Bring trade issues against China
What promises will Trump have to work through Congress? Has to work with Congress Repeal Obamacare Cut taxes Eliminate Common Core Enact a child care program Impose tariffs on companies off-shoring jobs Build a wall on the boarder of Mexico
What is the Bully Pulpit? How might we expect that President-elect Trump to use the bully pulpit? Trump will use the bully pulpit to try and pass immediate legislation during his first few months in office.
How does the electoral college work? The electoral college gives each state at least 3 votes for each representative in congress. The candidate with the most votes receives all the electoral votes of that state. When a candidate receives 270 votes, they’re elected president.
Why was the electoral college put in place? To give small states a larger voice on the national scale and to balance the political population preference evenly across the country. (Most democrats live in California, but California isn’t the only state in the country)
How is the number of electors in each state determined? 1 for the minimum number of representatives in the house and 2 more for each member of the senate. Then more votes are added based on the state’s population.
On December 19th, Florida’s electors will cast their ballots in Tallahassee to be sent to Washington. How were these electors chosen? They were longstanding members of the political party and they were chosen by members of the state legislature.
How did the electoral college operate in the first few presidential elections? What changed in 1804 with the 12th Amendment? People voted for the president and then the runner up became the vice president. This changed after the Adams/Jefferson election resulted in a tie. Now people vote for both the president and the vice president together.
How many total electoral votes are there? Where does this number come from? How many electoral votes does a successful candidate need? There are a total of 538 electoral votes. This number comes from the total number of members from Congress plus 3 electoral votes given to Washington D.C 270 needed to win
Hillary Clinton received more popular votes than Donald Trump but lost in the electoral college. When was the last time this happened in the U.S.? The 2000 election of George W. Bush and Ale Gore.
Who determines how the electors in a state are selected? The members of the state legislature
What happens if the electoral college votes are tied? The vote goes to the House.
How do 48 states allocate the electors? 48 of the states have a winner take all system when allocating electoral votes
Two states use the congressional district method. What is this? These states divide their electoral votes among the state’s congressional districts so the candidate only receives the votes of the districts they win.
What are the arguments against the electoral college? A candidate can win the presidency without receiving the most total votes
What are the arguments for the electoral college? It gives smaller states an equal vote in choosing the president.
What is the National Popular Vote? The national popular vote is the total number of votes a candidate receives across the country
What would have to occur to change to a popular vote? A constitutional amendment would have to be passed through congress.
What article of the constitution deals with the federal judiciary? How does it compare in length and detail to the articles dealing with Congress and the President? Article 3 of the Constitution deals with the supreme court. It’s much shorter than the articles dealing with the presidency and the congress
What is “rule of law?” This says that law is always the same across the country and doesn’t change as the court changes throughout the years.
What is the phrase on the top of the U.S. Supreme Court building that describes the purpose of the court? “Equal Justice Under Law”
Looking back over Court decisions, are there examples where the Supreme Court has made the ‘wrong’ decision? What can we draw from these examples? When does the Supreme Court convene? There are examples where the court made the wrong decision. The court makes decisions with the time period in which they’re deciding. The supreme court convenes on the first Monday of October and stays in session until late June or Early July.
What is noteworthy about the makeup of the 2016 Supreme Court? It has been reduced to 8 members after the death of Justice Antonin Scalia in February.
How many Supreme Court justices have been from Florida? None
What is the process of selecting and putting in place Supreme Court justices? The President nominates someone and then they’re vetted and questioned by the Senate. After the vetting process is over, the Senate votes on the presidents nomination.
The Supreme Court considers some 10,000 petitions (or writs of certiorari) a year. How do they decide which ones to hear? About how many cases to they consider in a typical year? They decide which ones to hear based on their relevance to society and if the issue is applicable to all areas of the country. They hear about 100 cases per year.
What kinds of cases are they looking for? What is the most important thing they are looking for according to Chief Justice Roberts? The court decides to take cases that are an issue of broad significance, disagreement among lower courts, lower courts found federal law unconstitutional, state court has decided a major federal question
How many judges must agree for a case to be placed on the docket? Four of the nine justices must vote for a case to be considered
Why is Clarence Gideon (in the case Gideon v. Wainwright) an exception to the Court’s typical process in selecting cases? His request was hand written and used regular language.
Who is considered the best chief justice in U.S. history and why? John Marshal because he established the significance of the court and was the first to declare congressional legislation as unconstitutional.
Once the Court decides the hear a case, what then happens? Oral arguments from both sides are heard by the court. Then the justices read the amicus briefs and hold a conference where they announce their opinion. Then the vote is announced.
Does the U.S. Supreme Court have the authority to overturn federal law? State law? On what basis do they do this? The Judiciary Act of 1789 gave the court the ability to strike down state laws that violated the constitution. The judicial review also gives the court to declare any government action as unconstitutional.
The court announces its decisions with both the majority and a minority opinion. There are also concurring or dissenting opinions where the judges join the majority (or minority) but want to express their own views. Why are these decisions important? The court has to justify its actions because they aren’t voted into office on a regular basis.
The court is the less transparent branch of government. Does this make the rationale for their decisions especially important? YES
The court reports the votes for their decisions. Why are these important? Do highly visible cases tend to be unanimous or split 5-4? Why is this important? The court reports votes for their decisions for historical record so courts in future can see how the decision was made. Highly visible cases tend to be split 5-4 because of how controversial the issues are.
What are amicus curiae briefs? Why are they important to the court’s decisions? Amicus briefs are statements prepared by lawyers on both sides that explain to the court why they believe their side should win. They are important to the court’s decision because it helps the justices narrow down their views.
According to the constitution, how are “inferior” courts established? They are established by congress.
What two components in the constitution help insure the Supreme Court’s independence? Congress can’t reduce the salary of the justices and they can remove them from office unless it’s for a good reason.
Why was the 1803 case, Marbury v. Madison, important to the operation of the court? This established the Judicial Review
What is judicial review? Is it in the constitution? The judicial review allows the supreme court to declare a government action as unconstitutional. It's not in the Constitution
What does this phrase refer to— “It is emphatically the province and duty of the judicial department to say what the law is.” Rule of Law
Does the Supreme Court always support existing law? What is an example where the court overturned a federal law? No. Dred Scott v. Stanford
Does the Supreme Court always overturn existing law? What is an example where the court upheld a federal law? No. Gideon v. Wainwright
Clearly the Court can overturn federal law. Can it also overturn state law? What is an example? Yes. Griswold v. Connecticut
Most decisions of the court are decided by what vote? (i.e. 9-0, 5-4, 6-3) Most cases are unanimous 9-0
Does the court have to take every case appealed to it? What federal law allowed them to be selective? No, the Judiciary Act of 1925 gave the court the ability to choose the number of cases the hear per year.
What is the most common vote in the modern Supreme Court? It votes unanimously most of the time.
How many Supreme Court justices do we have? Was this in the constitution? If not, who determines how many justices there are. We are currently supposed to have 9 justices. This isn’t in constitution. The number of justices are determined by congress.
When people speak of “judicial activism” they mean what? They are reactive decision makers and they are forced to rely on the other branches of government to uphold their decisions.
Justice Antonin Scalia was what is known as an “originalist.” What does this mean? He viewed the constitution literally as the founding fathers meant for it to interpreted.
Justice Stephen Bryer is a proponent of the living constitution. What does this mean? He views the constitution as a living document that changes throughout the times.
How does Chief Justice Roberts answer questions of how the court deals with issues such as technology that the Founding Fathers could not have predicted? He says that technology from the past doesn’t ever change, it’s just modernized.
Alexander Hamilton thought the court was the least dangerous branch. What argument can you make in support of this? At the time when the constitution was drafted, the founding fathers didn’t pay much attention to the court because they were familiar with how the courts function. Plus, the original constitution didn’t give the court much power anyway.
What are the three levels of federal courts? The Supreme Court The U.S Court of Appeals The U.S District Courts
How many federal district courts are there? Is there one in Tallahassee? There are 94 federal district courts including one in Tallahassee.
How many circuit courts of appeal are there? Is there one in Tallahassee? There are 11 Circuit Courts of Appeals but there isn’t one in Tallahassee.
The Supreme Court makes decisions based on the U.S. Constitution. Can they also rule based on state constitutions? Can they determine the constitutionality of state laws? YES. The Court can determine whether or not a state law is constitutional.
What is the conclusion of the majority decision in Roe v. Wade in 1973? The court ruled that a woman can have an unobstructed abortion during the first trimester of pregnancy. During the second trimester, the decision must be approved by a doctor. During the third trimester, an abortion must be approved by the government.
What constitutional ‘right’ was inferred in this decision? Is it specified in the U.S. constitution? Is it in many state constitutions, including Florida’s? The right to privacy isn’t in the constitution but it is in many state constitutions.
What is the argument of the dissenting opinion (by Justice Rehnquist) in Roe v. Wade? He said that abortion was around when the 14th amendment was adopted and they didn’t mention it.
What is the argument of the majority opinion (by Justice Blackmun) in Roe v. Wade. He said abortion was around at the country’s founding and has been used throughout history.
How does Roe v. Wade inform us on how the court makes decisions? It shows that the court makes decisions based on the values of that particular time period.
Why was the 9th amendment important in the Roe v. Wade decision? It demonstrates that just because the right to privacy isn’t explicitly stated in the constitution doesn’t mean that it isn’t available.
What was important about the 1992 Planned Parenthood v. Casey decision? It upheld the prohibition of abortion bans but ruled that states could legally regulate laws
What is the most recent Supreme Court decision on abortion and what did it find? The Court struck down a Texas law regarding woman’s health in 2016, saying it would have led to the shutdown of half of the state’s abortion providers, it places undue burden on women.
What are the key characteristics in the definition of bureaucracy? Set of structures and procedures used by government or other organizations to administer policies and programs: • Hierarchy • Division of Labor • Fixed routines • Rules applying to all • Technical Qualifications
Are only federal agencies bureaucracies? If not, what other examples are there. NO. There are street level bureaucrats such as police officers and school teacher rest.
What branch of government is responsible for assuring the bureaucracy carries out laws? Is the bureaucracy outlined in the constitution? The executive branch is in charge of bureaucracy. Bureaucracy isn’t outlined in the constitution.
What is the Hatch Act? How does it lead to ‘different’ treatment of federal employees? The Hatch Act limits political activity among federal employees so they can’t be fired and replaced after every administration.
What are the two types of federal employees? Civilian and Military Employees
When we think of federal agencies, we think of cabinet agencies. What are examples of these agencies? Department of Labor, Agriculture, and Veteran’s Affairs.
What are examples of independent agencies reporting to the President? NASA, EPA, and the CIA
Independent regulatory commissions are key to keeping our food safe, our markets functioning and our monetary system strong. What are some examples of these agencies? The Federal Trade Commission and the Securities and Exchange Commission.
What are examples of government corporations? What are the problems that these corporations face? Postal Service and AMTRAK.
Who appoints political appointees? Do they get Senate approval? Political Appointees are made by the President and many of them need to be approved by the Senate.
How many political appointees will President Trump be naming when he assumes office? Approximately 7,000
What are the two characteristics of civil servants? Unbiased and Willing to work with both parties
What is the most important policy function of the bureaucracy? To make the government function
What do we mean when we say that the bureaucracy serves two masters? Bureaucracy serves both Congress and the President
What is the president’s role with the bureaucracy? What part of the constitution does this come from? Article 2 allows the president to appoint senior advisors that do what the president tells them to do.
What “control” does the Congress have over the bureaucracy? All laws must be passed through congress Congress provides • Funding • Oversight • Authorization • Reorganization
What happens with a law is passed that involves the bureaucracy? It goes to administrative Law Judges
Is the public involved in the writing of rules by the bureaucracy? How does this happen? The public can influence the decisions made by bureaucrats.
Why is regulation of e-cigarettes by the FDA an example of public involvement in writing of rules? This is a controversial issue the public was very passionate about, so bureaucrats decided to listen to the public.
What are street-level bureaucrats? Civil Servants that have daily contact with the public, such as police officers and fire fighters.
What is representative bureaucracy and why is it especially important for public employees? Representative Bureaucracy deals directly with specific groups of citizens such as veterans. This is important because it ensures that people of all backgrounds are represented
What role does the bureaucracy play in implementation of federal policy? • Rules are drafted • Services are provided/funding sent to states and localities/ on profits • Writes regulations that implement the laws by congress • Congress passes a law • Designated Responsible Agency • Agency oversees what happens
Why is the media important to the study of political science? The media gives news to the public and the public votes on politicians which decide on public policy.
How is media defined? The way news is delivered to the public.
What Founding Father was a proud supporter of the media (newspapers then)? Thomas Jefferson
What news outlet do most people get their news from? TV
What news outlet is the fastest growing source of news for people? Internet
What news outlet do most 18-29 year olds get their news from? Internet and Social Media through the Internet
How does political sorting apply to choice of media for news? Republicans are more likely to watch FOX, while Democrats are more likely to watch CNN.
What is the byproduct theory of information transmission? It states that when people are looking for one piece of information they end up finding something completely different in the process.
Which citizens are most likely to be swayed by the news media concerning their political views? Moderates who aren’t very dead set in their political ideology. Mostly young people.
Do citizens rely on only one source of news? NO
What are problems of getting news from social network or the web? It can be very inaccurate and or one sided depending on where you find your information.
What are the advantages of getting news from social network or the web? It’s a quick and efficient way of obtaining accurate and very reliable information if you find the right source.
Define civil liberties. What part of the constitution assures civil liberties? What is the one exception (i.e. this is in another part of the constitution)? The first amendment to the constitution grants people their civil liberties. The one exception to this is shouting fire in a crowded theater.
What amendment has been dubbed “the dissenters amendment?” The 1st Amendment
What is the limit on the first amendment right? The Establishment Clause prevents a national church from being established.
What do we mean by symbolic speech? The KKK and Flag Burning
What are some examples where the First Amendment protects actions that are despicable to many/most people? KKK Marches and Flag Burnings
What are examples where free speech has been applied to actions? Tinker v. Des Moines allowed students to wear black armbands in protest of the Vietnam War.
The rights of students have been considered in three major Supreme Court cases. What was the dispensation of the first two? How about the 2007 case Morse v. Frederick (commonly known as Bong Hits 4 Jesus)? Tinker v. Des Moines (1969)- Upheld Students Bethel School District no. 403 v. Fraser (1986)- Against Students Morse v. Frederick (2007)- Against Students
What kinds of student expression have schools tried to limit? Freedom of Speech, especially in newspapers.
Why is the Fourth Amendment important to Civil Liberties? Why has this been especially important in recent years? The 4th Amendment protects people against unreasonable searches and seizers. This is important in protecting people against policies such as stop and frisk
What type of limitations on civil liberties were in the USA Patriot Act? • Enhanced Surveillance Procedures • Expanded scope and availability or wiretapping • Established sneak and peep searches • National Security Letters
Two recent Supreme Court cases dealt with 4th Amendment. What are the issues the court is considered? How did they rule? Does law enforcement need a search warrant to look into your cellphone and can a cellphone be used to track your location. The court ruled no for both.
Why is Sixth Amendment is an important civil liberty? It ensures that in criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. They must also be informed of the crimes in which they are accused as well as the right to legal counsel.
Why is Gideon v. Wainwright important? Miranda v. Arizona? They pioneered the right to legal counsel regardless of the crime and the right to legal counsel before self- incrimination.
Why is the Sixth Amendment important today? It’s important because all people should have the right to an attorney if they are accused of a crime.
Why is the Eighth Amendment an important civil liberty? Excessive Bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. • Water boarding • Lethal Injection • Death Penalty • Mentally Ill • Juveniles
What contemporary issues relate to “cruel and unusual punishment?” Water boarding, lethal injection, and the right to request your own death when you’re mentally ill.
What does “incorporation of the bill of rights” mean? The 14th Amendment applied to states.
What is selective incorporation? It says that states can’t enact laws that take away rights granted to citizens in the constitution.
What is habeas corpus and why is it considered a civil liberty? This means that you cannot be arrested and kept in custody without having to go before the court and being told of you crimes.
What is contestability of rights? What is the most common example in civil liberties? When two important values clash such as security v. individual rights
What did Cicero mean by the quote, “During war, the laws are silent?” This means that during war the government has the right to take away individual liberties at the expense of national security.
What examples are there where the U.S. government has violated civil liberties of its citizens? The Patriot Act Japanese Internment Camps
What are recent examples where civil liberties might play a role in the future? Internet Privacy and spying by the government through cameras in electronic devices
Who are the protectors of civil liberties? The people who are willing to fight for them
Why is technology important in the application of civil liberties? As technology evolves, there is more of an opportunity for people to abuse their liberties and threaten national security.
What is the definition of civil rights? How do these rights differ from civil liberties? A Civil Right is the ability to participate in the full life of a community through government power. Civil Rights are what the government protects. Civil Liberties prevent the government from abusing Civil Rights.
How does the 14th amendment protect discrimination concerning race, gender, and other aspects? It provides equal protection under law regardless of race, gender, and ethnicity.
What three constitutional amendments addressed African American rights? What are the important federal laws addressing these rights? 13th, 14th, & 15th Amendments. The Civil Rights Act of 1964 and The Voting Rights Act of 1965.
Do civil rights refer only to African American rights? NO. They apply to everyone.
Have the courts always supported African American rights? What is a primary example when they did not. NO. Plessy v. Ferguson. The Court ruled that separate but equal public facilities were constitutional.
Civil rights cases are decided by which standard of review? What defines this standard? Strict Scrutiny, which states that the court automatically assumed the rights of the plaintiff.
Have recent Supreme Court decisions supported affirmative action? NO
What is de jure discrimination? De facto discrimination? De jure discrimination is when a law is purposefully discriminatory. De facto discrimination is when a law is unintentionally discriminatory.
What is affirmative action? Is it is still in place in the United States? This is when certain people are given an advantage over others on the sole premise to promote diversity and equality.
What is the difference between equal opportunity and equal outcome? Equal Opportunity gives everyone a chance Equal Outcome assures that certain groups succeed
Why is Plessy v. Ferguson important? The Supreme Court ruled that separate but equal public facilities. Weren’t in violation of the 14th Amendment and where therefore Constitutional.
Do the strict standards of review apply to gender, disabled, elderly, LGBT? YES
What is a dependent variable? Independent variable? Be able to identify both in a research question. Dependent- Party ID (what you’re trying to explain or predict) Independent- Gender, Ethnicity, Race
What does the coefficient of the independent variable tell us? The strength of the ration ship between independent and dependent variables
What does the R square statistic tell us? The level of significance for the relationship
What is bi-variate analysis? Multi-variate analysis? Be able to identify. Bi-variate is 2 variables. Multi-variate is many variables.
What is spuriousness? What was the example in your data analysis exercise? Two variables aren't related to one another, but can mistakenly be associated with one another.
Created by: ajs16e
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