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AP Gov Test
Question | Answer |
---|---|
unitary system | all power is invested in central gov't |
federalism | system of gov't in which power is divided by a written constitution between a central gov't and regional gov't (2 or more gov'ts have authority over same people) |
cooperative federalism | situations in which national and state gov't work together to complete projects |
fiscal federalism | situations in which national and state gov't work together to complete projects |
categorical grant | funds provided for a specific/ clearly defined purpose |
block grant | funds granted to states for broadly defined purpose; contribute to growing number of state/ local gov't employees |
devolution | movement to transfer responsibilities of governing from federal gov't to state/ local gov't |
elitism | theory that small # of wealthy individuals dominate key policy areas |
pluralism | theory that many interest groups compete for power |
hyperpluralism | theory that gov't policy is weakened and contradictory because there are so many competing interest groups |
house rules committee | sets guidelines for floor debate; gives each bill a rule that places the bill on calendar, limits time for debate, and determines type of amendments |
cloture | 3/5 vote required to end a filibuster |
logrolling | tactic of mutual aid and vote trading among legislators |
delegate role v. trustee role | delegate- members vote based on constituents trustee- members vote based on personal policy |
closed primary | primary in which voters are required to identify a party preference before election and not allowed to split tickets |
soft money | contributions to political party for party building activities used to circumvent limits on hard money |
527 group | tax exempt organization created to influence political process; not regulated by FEC as they do not coordinate their views with a candidate |
executive agreement | pact between POTUS and head of foreign state that don't have to be approved by senate but are not part of US law |
executive privilege | POTUS power to refuse to disclose confidential info |
executive order | directive issued by president that have force of law |
solitcitor general | responsible for handling all appeals on behalf of US to SC |
civil liberties | legal/ constitutional rights that protect individuals from gov't (freedom of speech) |
civil rights | policies designed to protect against gov't (civil rights laws) |
selective incorporation | case by case process by which liberties listed in BOR are applied to states using due process clause of 14th amendment |
what clause allows for selective incorporation | due process |
establishment clause | first amendment- prohibits congress from establishing an official religion |
free exercise clause | provision of first amendment that guarantees each person the right to believe what he/ she wants however a religion cannot make an act legal that would otherwise be illegal |
clear/ present danger test | judicial interpretation of first amendment that gov't can't ban speech unless it poses an imminent danger |
writ of habeas corpus | court order directing that a prisoner be brought before a court and that the court officers show cause why the prisoner should not be released |
bill of attainder | legislative act that provides for the punishment of a person without a court trial |
ex post facto law | law applied to an act committed before the law was enacted |
exclusionary rule | SC guideline that prohibits evidence obtained by illegal searches or seizures from being admitted in court |
strict scrutiny | SC rule that classification by race/ ethnic background is inherently suspect and must be justified by "compelling public interest" |
MARBURY V. MADISON | *established principal of judicial review in 1803 |
MCCULLOCH V. MARYLAND | *confirmed right of congress to utilize implied powers in 1819 *states cannot interfere or tax the legitimate actions of federal gov't |
GIBBONS V. ODGEN | *strengthened power of federal gov't to regulate interstate commerce in 1824 |
2 establishment clause cases | 1. engel v. vitale 2. lemon v. kurtzman |
ENGEL V. VITALE | *struck down state sponsored prayer in public schools in 1962 *ruled that prayer violated establishment clause |
LEMON V. KURTZMAN | *struck down state funding for private religious schools in 1971 *state aid to church related schools must pass 3 tests: 1. aid must be secular 2. gov't must not advance/ inhibit religion 3. gov't must not foster an "entanglement" btw gov't/ reilgion |
2 free exercise clause cases | 1. reynolds v. united states 2. oregon v. smith |
REYNOLDS V. US | *banned polygamy in 1879 *distinguished between free exercise clause religious beliefs and those that may be restricted *religious practices can't make an illegal act legal |
OREGON V. SMITH | *banned use of illegal drugs in religious ceremonies in 1990 |
5 free speech cases | 1. schenck v. united states 2. new york times v. sullivan 3. roth v. united states 4. tinker v. des moines 5. texas v. johnson |
SCHENCK V. US | *ruled "clear and present danger" in 1919 |
NYT V. SULLIVAN | *ruled that public officials cannot win a suit for defamation against statement is made with "actual malice" in 1964 |
ROTH V. US | *ruled that obscenity is not a constitutionally protected free speech in 1951 *created "prevailing community standards rule" regarding consideration of work as a whole |
TINKER V DES MOINES | *ruled that students did not shed constitutional rights at school in 1969 |
TEXAS V JOHNSON | *ruled that flag burning is a form of symbolic speech protected by the 1st amendment in 1969 |
2 14th amendment selective incorporation cases | 1. barron v. baltimore 2. gitlow v. new york |
BARRON V. BALTIMORE | *ruled that bor CANNOT be applied to the states in 1833 |
GITLOW V. NY | *established precedent for doctrine of selective incorporation and extended bor to states in 1925 |
4 14th amendment due process cases | 1. weeks v. united states 2. mapp v. ohio 3. gideon v. wainwright 4. miranda v. arizona |
WEEKS V. US | *established exclusionary rule in federal cases (illegal searches/ seizures) in 1914 |
MAPP V. OHIO | *extended exclusionary rule to states in 1961 *illustrated selective incorporation |
GIDEON V. WAINWRIGHT | *ruled that 6th amendment right-to counsel provision applies to those accused of major crimes under state law in 1963 |
MIRANDA V. ARIZONA | *ruled that police must inform criminal suspects of constitutional rights before questioning suspects after arrest in 1966 |
5 14th amendment equal protection cases | 1. dred scott v. sandford 2. plessy v ferguson 3. brown v. board of education 4. uc v. bakke 5. grutter v. bollinger |
DRED SCOTT V. SANDFORD | *ruled that AA were not citizens in 1857 *overturned by 14th amendment |
PLESSY V. FERGUSON | *upheld jim crow segregation by approving "separate but equal" in 1896 |
BROWN V. BOARD OF EDUCATION | *reversed "separate but equal" in 1954 |
UC V. BAKKE | *ordered medical school at UC davis to admit bakke in 1978 *ruled that quota system denied bakke equal protection *ruled that race could be used as one factor among others |
GRUTTER V. BOLLINGER | *upheld affirmative action of university of michigan law school in 2003 *upheld bakke ruling that quotas were illegal |
2 right to privacy cases | 1. griswold v. connecticut 2. roe v. wade |
GRISWOLD V. CONNECTICUT | *ruled that a CT law criminalizing use of contraceptives violated marital privacy in 1965 *precedent to roe v. wade |
ROE V. WADE | *ruled that decision to obtain abortion is protected by right to privacy implied in BOR in 1973 |
2 apportionment cases | 1. baker v. carr 2. wesberry v. sanders |
BAKER V. CARR | *ruled that judicial branch can rule on matters of legislative apportionment in 1962 *used principle "one person one vote" *ordered legislative districts to be as equal as possible |
WESBERRY V. SANDERS | *established principle of "one person one vote" in congressional districts in 1963 *triggered widespread redistricting that gave suburbs greater representation |
KOREMATSU V. US | *upheld constitutionality of relocation of japanese as wartime necessity in 1944 *viewed as violation of civil liberties |
US V. NIXON | *ruled that there is no constitutional ground of unqualified executive privilege in 1974 |
BUCKLEY V. VALEO | *upheld federal limits on campaign contributions in 1976 *struck down portion of FECA limiting amount of money individuals can contribute to their own campaign *ruled that spending money on one's own campaign is free speech *complicated congress |
US V. LOPEZ | *gun free schools act exceeded congressional authority to regulate interstate commerce in 1995 |
CR ACT OF 1964 | *created equal employment opportunity commission to monitor/ enforce protections against job discrimination *upheld on grounds that segregation affected interstate commerce |
CLEAN AIR ACT 1970 (3) | *increased power of federal gov't *established air quality standards and required states to fund *allowed private citizens to bring lawsuits against violators |
WAR POWERS RESOLUTION 1973 | *POTUS notify congress within 48 hours of deploying troops |
BUDGET/ IMPOUNDMENT CONTROL ACT 1974 | *gave congress powers lost to executive branch *created CBO *established budget process that involved overall levels of revenues/ expenditures |
FECA 1974 | *provided full public financing for major party candidates *tightened reporting restrictions |
AMERICANS W DISABILITIES 1990 | *increased power of federal gov't *requires employers/ public facilities to make "reasonable accommodations" *prohibits discrimination *extends CR 1964 to those with disabilities |
WELFORM REFORM 1996 | *increased power of states |
NO CHILD LEFT BEHIND 2001 | *required states to set standards/ measurable goals *requires states develop assessments *represents expansion of federal gov't in education |
PATRIOT ACT 2001 | *expands terrorism to include domestic terrorism *authorized searches of home/ business w/o owner knowledge *increase ability of law enforcement to search telephone, email, medical records |
describe incumbent advantage for HOR | representatives are more likely to be reelected than incumbent senators |
describe electoral college | winner takes all system in which candidate who receives a majority of votes in a state wins all electoral votes |
what happens if no candidate receives a majority of electoral votes | selection process moves to HOR where each state has one vote |
what type of states does the electoral college benefit | small |
what party are AA | democrat |
CLINTON V. CITY OF NY | *ruled line item veto as unconstitutional violation of separation of powers in 1998 |
describe party control over nomination process | weakened by primaries |
describe the democrat system of primaries | proportional based on % of votes a candidate receives |
what does madison argue in the federalist papers | *factions are undesirable *republican form of gov't would work not only in a small geographically compact territory and would curb factions |
what voided dred scott and how | 14th amendment by making african americans citizens |
due process clause | forbids a state from acting in an arbitrary way |
equal protection clause | forbids a state from discriminating against persons |
name the 5 critical elections | 1. 1800- federalist- democrat republican w/ TJ 2. 1828- democrats emerge w/ andrew jackson 3. 1860-republicans emerge w/ lincoln 4. 1896- republicans reemerge w/ mckinley 5. 1932- democrats reemerge w/ FDR |
describe AOC | *weak central gov't *unicameral congress *couldn't regulate interstate trade *couldn't tax |
17th amendment | senators are elected by voters in each state |
how were senators selected in the original constitution | by state legislatures |
how can state legislatures ratify constitutional amendments | 3/4 vote |
3rd amendment | can't quarter soldiers |
4th amendment | unreasonable searches/ seizures |
5th amendment | 1. right to jury 2. self-incrimination 3. double jeopardy 4. due process |
6th amendment | speedy public trial |
7th amendment | trial by jury |
8th amendment | no excessive fines/ punishment |
9th amendment | protects rights not enumerated in constitution |
elastic clause | congress can pass all laws necessary and proper |
10th amendment | federal gov't possesses only the powers given to it by states |
13th amendment | abolishes slavery |
14th amendment (3) | 1. equality clause 2. due process clause 3. privileges and immunities |
15th amendment | prohibits denial of right to vote on basis of RACE |
16th amendment | permits congress to levy an income tax |
19th amendment | prohibits denial of right to vote on basis of SEX |
22nd amendment | limits # of times a person can be elected POTUS |
25th amendment | deals w/ succession of POTUS and procedure for filling vacancy |
26th amendment | allows those 18+ to vote |
views of JOHN LOCKE (4) | 1. "natural rights" (life/ liberty/ property) 2. consent of governed 3. rulers most protect natural rights 4. if rulers fail, people must replace |
views of MONTESQUIEU (2) | 1. 3 branches w/ separation of powers 2. one branch couldn't gain complete control |
views of ROUSSEAU (2) | 1. sovereign power lies with general will of community 2. rulers who don't carry out constituent will should be removed |
describe AOC congress | unicameral with each state having one vote |
describe AOC branches of gov't | no executive/ judicial |
describe amending AOC | unaniminous |
shay's rebellion | 1786 rebellion of MA farmers who couldn't pay their debts that convinced that AOC was too weak |
which 1 state didn't send a delegation | RI |
delegate views on HUMAN NATURE (2) | 1. people are self centered/ selfish 2. only love money/ power |
delegate views on POLITICAL CONFLICT (3) | 1. unequal distribution of property creates factions 2. society is divided into propertyless majority and wealthy few 3. neither faction can be trusted |
delegate views on PURPOSE OF GOV'T (2) | 1. preservation of property is main purpose of gov't 2. feared "excessive democracy" from shay's rebellion/ RI debtors |
delegate views on NATURE OF GOV'T (2) | 1. gov't should be limited and divided into 3 branches 2. checks/ balances |
what was the philadelphia convention for | coming together to write a new document |
virginia plan | *bicameral legislature *representation based on population |
new jersey plan | *unicameral legislature *equal representation regardless of population |
connecticut plan | *bicameral legislature *senate- NJ plan *HOR- VG plan |
3/5 compromise | slaves will be counted as 3/5 of a person for representation in congress/ taxation |
describe what each article of the constitution pertains to | 1- CONGRESS 2- POTUS 3- JUDICIAL |
describe impeachment process | HOR may impeach by majority vote while senate can remove by 2/3 vote |
how did the framers INSULATE THE SENATE | *staggered terms of service *originally chosen by state legislatures |
how many states were needed to ratify the constitution | 9 |
anti-federalists | *small farmers, shopkeepers, laborers *favored strong state gov't and weak national *BOR |
federalists | *large landowners, wealthy merchants, professionals *weaker state gov't and strong national gov't |
how are amendments PROPOSED | 1. 2/3 vote in both houses 2. national convention called by 2/3 state legislatures |
how are amendments RATIFIED | 1. 3/4 state legislatures 2. 3/4 state conventions |
JUDICIARY ACT 1789 | *began process of creating court system |
why do POTUS use executive agreements | circumvent treaty making process |
confederacy | decentralized system of gov't in which a weak central gov't has limited power over states |
what are 3 key expressed powers | 1. power to regulate interstate/ foreign commerce 2. power to tax/ spend 3. war power |
where is the elastic clause | article 1 section 8 clause 18 |
inherent powers | derive from the fact that the US is a sovereign nation (make treaties, wage war, acquire territory) |
reserved powers | held solely by states |
concurrent powers | exercised by national/ state gov't (tax, borrow money, establish courts) |
background of MCCULLOCH V. MARYLAND | federal gov't created a bank in MD and MD legislature passed a law imposing a substantial tax on operation of baltimore branch and the cashier refused to pay the tax |
nullification | theory that a state can nullify or refuse to recognize an act of congress (refuted by civil war) |
background of GIBBONS V. OGDEN | NY granted odgen an exclusive license to run a ferry in NY while gibbons obtained a license from federal gov't to operate a competing service and the court ruled that since congress regulates all interstate commerce, gibbons had the right to operate |
dual federalism (2) | * system of gov't in which national/ state gov'ts remain supreme within their own sphere * "layer cake federalism" and was prevalent until new deal |
cooperative federalism (2) | *system of gov't in which national and state gov'ts work together to complete projects (interstate) *"marble cake" because of blurred distinction |
what is an example of devolution | welfare reform act of 1996 |
what are 3 advantages of federalism | 1. promotes diverse policies 2. provides multiple power centers and makes it difficult for any group to dominate gov't 3. keeps the gov't close to people |
what are 3 disadvantages of federalism | 1. promotes inequality because states differ in resources 2. enables local interests to thwart majority support 3. creates confusion between different gov't levels |
what are the 4 core values | 1. liberty/ freedom 2. equality 3. individualism 4. democracy |
what are the 3 agents of socialization | 1. family 2. education 3. social groups |
what is the most important agent of socialization | family |
what % of americans vote along ideological lines | 20% |
straw polling | noting level of audience applause/ asking random people on street to express opinion |
literary digest fiasco | *mailed out postcards for election poll *overwhelmingly supported alf landon *produced flawed results because it relied on a faulty sample * |
what are the 4 most important aspects of a good poll | 1. representative 2. random sampling 3. large sample 4. carefully designed questions |
bandwagon effect | when polling causes people to support candidates for issues that seem popular |
what are 2 trends regarding voting rights | 1. federal laws/ constitutional amendments have eliminated restrictions on the right to vote 2. federal laws/ constitutional amendments have reduced power of individual states over right to vote |
who originally had suffrage | white male property owners |
how did jacksonians change voting rights | eliminated property ownership and tax payments as qualifications |
23rd amendment | added voters of DC to electorate |
24th amendment | eliminated any tax as qualification for voting |
gender gap | women favor democrats and men favor republicans starting in 1980s |
what religions are more likely/ less likely to vote | jews/ catholics are more likely to vote than protestants |
which religions support which parties | protestants support republicans while jews/ catholics support democrats |
describe black voting when effects of income/ education are eliminated | vote at higher rates than white citizens |
cross pressures | voters belong to more than one group (anything that produces cross pressures reduces turnout) |
what are 3 factors that decrease voter turnout | 1. registration 2. frequent elections 3. weekday, nonholiday voting |
motor votor act (national voter registration act of 1993) | made voter registration easier by allowing people to register to vote while applying for or renewing a driver's license |
what is the most common form of political activity | voting in presidential elections |
party in electorate | citizens who identify themselves as democrats or republicans |
describe the party throughout national, state, local levels | independent and not centrally controlled |
party in gov't | party's candidates/ officeholders |
5 functions of political parties | 1. recruiting/ nominating candidates 2. running campaigns 3. articulating positions on issues 4. critiquing policies of party in power 5. linkage institution |
3 roles of political party as linkage institution | 1. providing information to voters about candidates running for office 2. mobilizing voters to elect party candidates 3. raising funds to support party candidates |
describe socialism in america | america has never had a strong socialist party dedicated to creating an entirely new political system |
ideological view of most americans | moderate |
single member districts | only one candidate is elected to each office on the ballot |
difference between plurality/ majority | plurality- receives most votes majority-receives more than 1/2 the votes |
federalist political party | *led by hamilton *supported strong federal gov't/ national bank *defeated in 1800 |
democratic republican political party | *led by jefferson/ madison *supported limited federal gov't *opposed national bank |
ORIGINAL democrat party | *voting rights for all white males *opposed national bank *used spoils system *led by andrew jackson |
whigs | *supported high tariffs *national bank *led by henry clay/ daniel webster |
solid south | democrat south after the civil war |
1896 democrats | advocated free silver/ regulations on railroads |
1896 republicans | advocated gold standard and industrialization |
new deal coalition | *urban dwellers *labor unions *catholics/ jews *southerners *african americans |
parts of new deal coalition that were in republican party | urban dwellers/ african americans |
southern strategy | *richard nixon *designed to break democrat dominance in south |
when did divided gov't begin | nixon |
3 consequences of divided gov't | 1. heightened partisanship 2. slowed confirmation/ legislative process (gridlock) 3. increase public frustration |
party dealignment | disengagement of people from political parties |
3 types of 3rd parties | 1. dominated by charismatic leaders 2. organized around a single issue 3. organized around ideology |
"spoiler role" of minor parties | can affect outcome of election by stealing votes |
3 ways interest groups link citizens to gov't | 1. express members' preferences to gov't 2. convey gov't policy info to members 3. raise/ spend money to influence gov't |
2 differences between interest groups/ political parties | 1. political parties have positions on a wide range of issues while interest groups focus only on specific issues 2. political parties are public organizations that are accountable to voters while interest groups are private organizations |
8 types of interest groups | 1. business groups 2. labor groups 3. agricultural groups 4. professional associations 5. environmental groups 6. public interest groups 7. equality interests 8. single issue groups |
largest labor union | AFL-CIO |
what do public interest groups support | consumer rights |
lobbying CONGRESS | provide information on technical issues |
lobbying POTUS | particularly attentive to establishing access to regulatory agencies |
lobbying COURTS | *fail to achieve goals in congress--- take them to courts *present amicus curiae (friend of court) briefs in support of one side |
maximum PAC contribution | $5,000 per candidate per election |
where do PACS play a significant role | supporting incumbent members of HOR |
SIZE of interest groups | *small=better *free riders benefit from interest groups without joining *bigger size= bigger free rider problem |
3 factors that contribute to success of interest groups | 1. size 2. intensity 3. financial resources |
hyperpluralist view on policy | many groups competing to influence policy leads to contradicting and confusing policy |
2 roles of mass media as linkage institution | 1. connects people to gov't by interviewing, polling, and covering protests 2. connects gov't officials to public by interviewing political leaders and reporting on gov't committees and programs |
3 major networks and trend | CBS, NBC, ABC--- declining as more people turn to cable stations |
leading source for political news | internet |
3 ways campaigns are less centered on issues and more centered on candidates | 1. sound bites 2. day to day campaign activity focus 3. horse race journalism (where candidates stand in polls not on issues) |
british legislative system | bicameral |
interests represented by house v. senate | house- interests of people senate- interests of state |
3 responsibilities of HOR | 1. initiate revenue bills 2. bring charge of impeachment 3. choose president when electoral college is deadlocked |
4 responsibilities of senate | 1. ratify treaties 2. judge/ try impeachment cases 3. confirm judicial appointments 4. confirm executive appointments |
size/ apportionment of HOR in constitution | not set by constitution-- only directs to reapportion after census |
reapportionment act of 1929 | set permanent size of house at 435 members |
1842 HOR districting law (2) | 1. all seats filled by single member districts 2. assigned each state legislature responsibility of drawing lines of districts |
3 consequences of gerrymandering | 1. protects incumbents and discourages challengers 2. strengthens majority party while weakening opposition 3. increases or decreases minority representation |
4 SC restrictions on congressional redistricting | 1. districts must be equally populated 2. districts must be compact (lines must be contiguous or connected) 3. can't dilute minority voting fact 4. race can't be ONLY factor |
5 reasons why incumbents win | 1. money 2. visibility 3. constituent service 4. franking privilege 5. gerrymandering |
incumbent MONEY | outspend challengers |
incumbent CONSTITUENT SERVICE | 1. perform casework (helping individual constituents by cutting through bureaucratic red tape) 2. pork- legislation that allows representatives to bring money and jobs to districts |
3 consequences of incumbency advantage | 1. congress maintains large # of experienced leaders 2. discourages radical change while encouraging close relationships with interest groups 3. no incentive to reform campaign finance laws |
6 advantages of majority party in congress | 1. committee chairs 2. speaker of house 3. assigns bills to committees 4. majority on each committee 5. controls house rules committee 6. sets legislative agenda |
formality of HOR | more formal with more rules |
speaker of house succession | 2nd in line |
whips | maintain close contact with members and try to ensure party unity on important votes |
VP in senate | *president of senate *may only vote to break a tie |
president pro tempore | *presides over senate in absence of VP *held by member of majority party with longest service in senate |
standing committees | *permanent *all bills are referred to them *divided into subcommittees |
select committees | *special panels formed for specific purpose/ limited time *formed to conduct important matter |
joint committees | *include members of both houses *similar to select committees |
conference committees | *temporary bodies *formed to resolve differences between house/ senate version of bill *members appointed by party leadership and drawn from committees that originally considered a bill |
rules committee responsibilities (3) | 1. gives each bill a rule that places it on the calendar 2. limits time for debate 3. determines type of amendments allowed |
closed rule | sets strict time limits on debates and forbids amendments from floor |
open rule | sets less strict time limits on debate and permits amendments from floor |
ways/ means committee (3) | *in HOR *jurisdiction on taxing, tariffs, revenue *can't serve on any other committees |
seniority system | means for choosing committee chairs (majority party member with most continuous service) |
describe legislative process | *lengthy *deliberate *fragmented *characterized by negotiation/ compromise |
describe the creation of bills (3) | 1. anyone can write one 2. most bills are not written by members of congress 3. most bills originate in executive branch |
GRATZ V. BOLLINGER | *struck down university of michigan policy that awarded applicants from minority groups 20/100 points needed to guarantee admission |
background of UC V. BAKKE | medical school of uc davis created a special plan with 16/100 spots set aside for disadvantaged or minority applicants who didn't need to meet same standards |
bakke's argument | applied for admission and was rejected even though the minority applicants all had lower test scores |
2 SC decisions in bakke | *quota system denied bakke equal protection *constitution/ 1964 CR act allowed race to be used as one factor AMONG OTHERS in admission |
critics of affirmative action | "reverse discrimination" |
how did affirmative action begin | 1965- LBJ issued executive order requiring all those doing business w federal gov't to take affirmative action |
REED V. REED 1971 | *idaho law that automatically preferred father over mother as executor as son's estate violated equal protection *any law that classifies people on basis of gender must not rest on ground of difference and must serve gov't objective |
EQUAL PAY ACT 1963 | required employers to pay women/ men equal |
EQUAL RIGHTS AMENDMENT | passed in 1972 and provided that law shall not be denied or abridged on basis of sex but came 3 states short of ratification |
seneca falls convention | adopted resolutions calling for abolition of discrimination against women |
SHAW V. RENO | SC ruled that oddly shaped minority majority districts would be held to strict scrutiny under equal protection |
VOTING RIGHTS ACT OF 1965 | *outlawed literacy tests *provided for federal oversight of voter registration |
what was the constitutional basis for brown v. board of education | equal protection of 14th |
background of PLESSY V. FERGUSON | dispute over legality of LA law requiring equal but separate accommodation on railroad coaches |
DRED SCOTT V. SANDFORD background (3) | *black people were not citizens *national legislation couldn't limit slavery *repealed northwest ordinance/ missouri compromise |
reasonable classification | *can make reasonable classifications between persons/ groups *examples include denying vote to those under 18/ imposing high tax on sale of cigarettes |
incrementalism | small but regular increases in agency budgets |
deadline/ amount of appropriation bills | 13 by october 1st |
4 provisions of 1974 budget act | 1. reform budgetary process and regain power lost to executive branch 2. fixed budget calendar 3. established budget committee in each house 4. created CBO |
discretionary programs | spending is not required by law |
what happens if interest rates rise (on payments of national debt) | payments rise |
what % of expenditures are payments on debt | 5-9% |
what is the largest portion of uncontrollable spending | entitlement programs |
custom duties | *taxes levied on goods brought into US from abroad *prior to income tax were most important source of revenue |
estate tax | imposed on assets of someone who dies |
gift tax | levy imposed on gift from living person to another |
excise tax | tax on manufacture sale or consumption of good/ service |
what % of revenue are social insurance taxes | 36% |
what type of tax are social insurance | regressive because they are at a fixed rate without regard to income |
tax rate for SS/ medicare | SS- 6.2% medicare- 1.45% |
what % of revenue are individual insurance taxes | 46% |
budget deficit | expenditures exceed revenues in fiscal year |
what are 5 reasons why the SC doesn't stray too far from public opinion | 1. appointment/ confirmation process 2. congress can amend the constitution 3. congress can change SC's appellate jurisdiction 4. congress can change # of justices on court 5. justices can be impeached |
what are 4 ways the SC is sheltered from public opinion | 1. justices are appointed to serve life terms 2. salaries of justices can't be reduced 3. certiorari process allows SC to set its own agenda 4. public has limited access to SC |
judicial restraint | *SC should use precedent/ framers' original intent to decide cases *SC should defer to elected institutions |
MARTIN V. HUNTER LESSEE | extended power of judicial review to overrule state courts |
what do briefs include | relevant facts, legal principles, and precedents that support arguments |
3 jobs of solicitor general | 1. 4th ranking member of DOJ 2. responsible for handling all appeals on behalf of US gov't to SC 3. influences court's decisions on which cases to hear |
writ of certiorari | order by SC directing a lower court to send up the record in a given case for review |
SC original jurisdiction (3) | 1. two or more states 2. US and state gov't 3.US and foreign ambassadors/ diplomats |
first step of SC confirmation process | names of nominees are sent of FBI for background check and are sent to american bar association for professional rating |
senate judiciary committee | holds public hearings on SC nominees |
3 SC nomination criteria | 1. competence 2. ideology/ policy preferences 3. race/gender |
jurisdiction of court of appeals | review all district court decisions and rule on decisions of federal regulatory agencies |
how many district courts are there | 94 |
how many justices did the judiciary act of 1789 set | 6 |
when was the # of justices expanded to 9 | 1869 |
constitution and SC | *SC is only court mentioned in constitution *gives congress power to create all other courts |
exclusive jurisdiction | cases can only be heard in certain courts |
concurrent jurisdiction | cases can be heard in either a federal or state court |
plaintiff v. defendant | plaintiff brings charge |
issue network | wide range of people who debate major public policies (policy experts, media pundits, congressional staff, interest groups) |
5 ways congress controls the bureaucracy | 1. exercise budgetary control 2. hold hearings 3. reorganize agencies 4. setting new guidelines for an agency 5. spreading out agency responsibilities |
divided supervision | both president/ congress exercise authority over bureaucracy |
economic powers of POTUS over bureaucracy | 1. may use OMB to cut or add to an agency's budget |
MUNN V. ILLINOIS (1877) | upheld right of gov't to regulate business |
reasons why bureaucratic implementation fails (4) | 1. conflicting goals 2. faulty program design 3. lack of financial resources 4. fragmentation of responsibility |
examples of independent executive agencies | *NASA *national science foundation *EPA *gov't services administration |
gov't corporation | provide service that could be provided by public sector |
examples of gov't corporations | corporation for public broadcasting, tennessee valley authority, amtrak, postal service |
examples of independent regulatory agencies | interstate commerce commission, securities and exchange commission, national labor relations board, federal reserve board |
independent regulatory agencies | led by small commissions appointed by president and confirmed by senate (commissioners cannot be removed by president) |
treasury department authority | prints currency |
describe # of gov't employees | federal employees has remained constant while state/ local employees has increased |
pendleton act | created federal civil service where workers are selected according to merit not party loyalty |
office of personnel management | *administers civil service laws/ regulations *in charge of hiring for federal agencies |
federal bureaucracy under andrew jackson | to victor belongs the spoils |
3 key features of a bureaucracy | 1. hierarchial organization (chain of command in which authority follows from top down) 2. job specialization- each employee has defined duties/ responsibilities 3. formal rules- all employees must follow established procedures and regulations |
where do most civil service members work | department of defense |
what 3 things does the constitution not allow POTUS to do | form new cabinet departments, raise revenue, declare war |
describe president v. congress in setting policy agenda | president is more successful |
honeymoon period | period at beginning of presidency during which approval ratings are high |
reprieve | postponement of execution of a sentence |
pardon | legal forgiveness for a time (i.e. ford pardoned nixon) |
senate power to approve treaties | 2/3 vote |
congress/ president relationship in foreign affairs | congress normally defers to president |
3 facets of presidential veto | 1. congress is usually unable to override veto 2. presidents use threat of veto to persuade congress to modify a bill 3. vetoed bill is usually revised |
3 specific powers of POTUS | 1. required to give state of union address 2. bring issues to attention of congress from time to time 3. can veto congressional legislation |
POTUS and white house staff | can appoint/ fire without senate approval |
council of economic advisors | *3 person group advising POTUS on economic policy *prepares annual economic report |
national security council | *composed of military advisors and VP, secretary of state, secretary of treasury, secretary of defense, national security advisor *advise/ assist on national security/ foreign policy |
3 factors of why POTUS experiences difficulty in controlling cabinet | 1. interest groups form close ties with cabinets 2. careers of civil servants extend beyond a single administration 3. congress competes with POTUS for influence |
how must presidential appointments be confirmed | majority of senate |
senatorial courtesy | senate will not approve a presidential appointment opposed by majority party senator from state in which appointee will serve |
describe how electors for electoral college were originally selected | chosen by state legislatures |
how are electors selected today | by parties |
how many electoral votes does each state have | combined total of representatives and senators |
bipartisan campaign reform act of 2002 | *led by john mccain and russell feingold *aimed to eliminate soft money *banned soft money |
3 functions of party conventions | 1. formally name party's presidential/ vice presidential candidates 2. adopt party platform 3. unify party and generate positive publicity |
describe primary voters | party activists who are older and more affluent |
progressive reform | 1900s- promoted primary elections as a way of giving voters a greater role in nomination process |
2 main parts of war powers resolution | 1. response to POTUS action during vietnam war and ensured that congress had a greater voice in presidential decisions 2. requires POTUS to notify congress within 48 hours of deploying troops and POTUS must bring troops home within 60-90 days |
5 methods of congressional oversight by congress | 1. setting guidelines for new agencies 2. holding hearings/ conducting investigations 3. using budget control 4. reorganizing an agency 5. evaluating agency programs |
instructed delegate | cast votes that reflect preferences of majority of constituents |
trustee | use best judgment to make policy that reflects interests of people |
politico | congress act as delegates or trustees depending on issue |
filibuster | *way of delaying or preventing action on a bill by using long speeches and unlimited debate *require 60 members to stop *important bills now require 60 votes |
hold | senator can be asked to be informed before a bill is brought to floor and stops a bill from coming to floor until hold is removed |
pigeonhole | when a committee ignores a bill and kills it |
discharge petition | if majority of house wants to consider a bill, can sign a discharge petition to blast it out of committee |