Politics and American Culture Exam #2, Dr. Smith PAC Final Exam, PAC Smith Final Exam Study Set, PAC Final- Smith, PAC EXAM 2 DR. SMITH, Dr.Smith - PAC Exam 2 Study Guide

What are 5 weaknesses of the Judicial Branch?

1. Appointed by President and Senate

2. 1 Supreme court and lower federal courts

3. 1 chief justice and associate justices

4. Tenure = good behavior

5. No power of purse or sword

What are 3 strengths of the Judicial Branch?

1. Salaries are not decreased

2. No age limit/citizenship requirements/residency guidelines

3. Decides cases on majority vote

What is "Judicial power"?

The ability to interpret and apply the law to specific facts and cases.

What do "textual" cases cover?

Constitution, laws, and treaties.

What do "personal" cases cover?

Ambassadors/Public Ministers/Consuls, states, and citizens.

What is the original jurisdiction of the court?

Supreme Court is the first to hear the controversy. (i.e. State v. State, State v. US, State v. Foreign state/citizen/subject)

What is appellate jurisdiction?

Supreme Court reviews a lower court's decision (state or federal). (i.e. State A v. Citizen of State B, State v. Foreign State)

What 3 ideas did Federalist 78 discuss?

1. The judicial branch is weak

2. "Good behavior" ensures judiciary's independence

3. 1+2 safe guards limits in the Constitution via judicial review

What is a (writ of) Mandamus?

An order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Did Marbury have a right to the commission he demanded?

Yes

Do the laws of Marbury's country afford him a remedy following from the right?

Yes

If the laws afford Marbury a remedy, is it a mandamus issuing from this court?

No

What is the textual argument from Marbury v. Madison?

The Judiciary Act of 1789 unconstitutionally expands scope of original jurisdiction. (Art. III.2)

What is the structural argument from Marbury v. Madison?

The Court exercises the power of judicial review because the Constitution is the fundamental law of the land.

Why does the court have the power of judicial review? (3 reasons)

1. The Constitution is written

2. Oath to uphold Constitution (Art. VI)

3. Declared fundamental law (Art. VI)

What are two dangers of Judicial Review?

1. Judicial Review = Judicial Activism

2. Judicial Review depends on method of interpretation

What are two methods of Constitutional interpretation and who is associated with each?

1. Originalism, Edwin Meese

2. Non-Originalism, William Brennan

What does Meese assume about the Constitution?

Its history and meaning is accessible, relevant, and definite.

What is the purpose of the constitution according to Meese?

Establishes limited government via prescriptive and informative principles.

How should the Constitution be interpreted according to Meese?

Meaning of words + intention of writer

What is Originalism?

The idea that judges should seek and apply the founders' Constitutional understanding as they decide cases in order to uphold limited government

What does Brennan assume about the Constitution?

It has 3 defining characteristics: public nature, obligatory character, consequentialist aspect

What is consequentialism?

Consequences of one's conduct are the ultimate basis for any judgment about the rightness or wrongness of that conduct.

What is the purpose of the Constitution according to Brennan?

To embody the dignity and rights of all persons under authority.

How should the Constitution be interpreted according to Brennan?

Consciousness of community + values of Constitution + ambiguity in application to modern times

Results of Brennan's argument. (3 ideas)

1. Protect human dignity

2. Modify relationship between individual and state

3. Continual change to meaning of Constitution

What is Non-Originalism?

The idea that judges should seek and apply an evolving constitutional understanding as they decide cases in order to uphold a general notion of human dignity

What was the issue in Kelo v. City of New London (2005)

Do local governments have the power to seize private property for economic development purposes according to the 5th Amendment's Takings Clause? (Yes)

What is the textual argument given by Justice Stevens?

Public use means public purpose. (the city will not give the property to a private individual, the city will not make the property available for general use)

What is the pragmatic argument Justice Stevens gives?

The city's development plan serves a public purpose. (purpose = legitimate, means = rational)

What is the dissent given by Justice Thomas?

Public "use" does not mean public "purpose" according to Founders.

What is the structure of Congress?

Two legislative chambers.

What are 5 differences between the House and Senate?

1. Sources of power

2. Qualifications for office

3. Durations in office

4. Sizes

5. Powers

Name two powers the House has that the Senate does not.

1. Source all bills of revenue

2. Power of impeachment

What are the 3 activities of Congress?

1. Create law

2. Judicial Activities

3. Executive Activities

What 4 things can the President do with a bill.

1. Sign (law)

2. Veto

3. Ignore (Law)

4. Pocket Veto

What are 2 Judicial activities?

1. Impeach + try

2. Establish inferior federal courts

What are 3 Executive activities?

1. Oversight of US federal agencies

2. Assist in Appointments (Senate)

3. Assist in treaty-making (Senate)

What are 3 reasons for the Constitutional Design of Congress?

1. Protect individual liberties

2. Voice to democratic plurality

3. Stability to government

What was the whole McCulloch v. Maryland (1819) fiasco all about?

Dispute over Constitutionality of the Second National Bank

What were the two questions brought up in McCulloch v. Maryland and what was the decision?

1. Can Congress constitutionally establish a national bank? Yes

2. Can Maryland constitutionally tax the national bank? No

What was Madison v. Burke about?

Two theories of representation

What was Madison's theory of representation?

Delegate Representation (Federalist 57)

1. Duty

2. Gratitude

3. Interest

4. Ambition

5. Constitutional Limits

What was Burke's theory of representation?

Trustee theory of representation

1. Wisdom

2. Judgement

How is the Executive branch republican? (2)

1. How the President is chosen

2. Energy (Federalist 70)

3 Qualifications to being President.

1. Natural born citizen

2. At least 35 y.o.

3. Must be resident for 14 yrs

How was the electoral college flawed in the beginning?

It was the small states v. the big states.

What 3 changes were made to the electoral college in 1800 and 1804?

1. President and Vice Pres. are on same ballot

2. Must vote for party which got them into office

3. 12 amendment (electors cast one vote for president and one for vice, must vote for one candidate from another state)

4 ways energetic executives protect against fallen human nature.

1. Unity

2. Duration

3. Adequate Provision

4. Competent Powers

What 4 essential political tasks does an energetic executive fulfill?

1. Protection

2. Steady administration of the laws

3. Justice = property

4. Secure liberty

What two things hold an energetic executive accountable?

1. Dependence on people

2. Easy blame

What was Korematsu v. US (1944) dealing with?

Expanded military power of the presidency

What two questions were raised in Korematsu v. US and how were they answered?

1. Did President Roosevelt act beyond his Constitutional powers as Commander-in-Chief by relocating Japanese-Americans? No

2. Does the military order unconstitutionally violate the rights of Japanese-American citizens? No

Precedent argument in Korematsu v. US.

Hirabayashi upheld the curfew restriction as a legitimate war-time measure.

Pragmatic argument in Korematsu v. US.

Korematsu was not excluded because of race, but because of public necessity in time of war

What are Washington's two arguments regarding the role of religion in America?

1. Religion is one of three pillars of unity

2. Religion is essential to freedom

What are the 3 pillars of freedom according to Washington?

1. Domestic: political parties

2. International: alliances

3. Cultural: faith + morality

What are JFK's 3 arguments regarding the role of religion in America?

1. Religion is not the most important political issue

2. Democratic pluralism demands absolute religious tolerance and separation of church and state

3. Personal religious views are a private matter

What are Obama's 3 arguments regarding the role of religion in America?

1. Addressing mutual suspicion between religious and secular America

2. Religion is faith the results from need, source of hope

3. Tolerance of faith across party lines

How does Obama address the Liberals as far as tolerance of religion goes?

Strict pluralism (coexistance) and to remain active

How does Obama address the Conservatives as far as tolerance of religion goes?

Separation of church and state, and universal values

1820 Compromise

Missouri was to be admitted as a slave state while Maine was admitted as a free state

1850 Compromise

California admitted as a free state, abolition of the slave trade in D.C, more stringent Fugitive Slave Law

Fugitive Slave Law

this law required that northern states forcibly returned escaped slaves to their owners.

Dred Scott Decision

A Missouri slave sued for his freedom, claiming that his four-year stay in the northern portion of the Louisiana Territory made free land by the Missouri Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in federal court because he was property, not a citizen.

13th Amendment (1865)

Abolishes and prohibits slavery

14th Amendment (1868)

Citizenship to everyone born in the U.S.

15th Amendment (1870)

U.S. cannot prevent a person from voting because of race, color, or creed

de jure segregation

segregation by law

de facto segregation

Segregation resulting from economic or social conditions or personal choice.

Plessy v. Ferguson

"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws

Williams v. Mississippi (1898)

The Mississippi supreme court ruled that poll taxes and literacy tests, which took away blacks' right to vote (the practice is known as "disenfranchisement"), were legal.

Gettysburg Address

(1863) a speech given by Abraham Lincoln after the Battle of Gettysburg, in which he praised the bravery of Union soldiers and renewed his commitment to winning the Civil War; supported the ideals of self-government and human rights

Lycecun Address

a speech given by Abraham Lincoln about philosophical principles, no slavery, racial equality, dangers of mob law-endangerment of innocent people, lawlessness increases

NAACP

National Association for the Advancement of Colored People, a black interest group active primarily in the courts

18th Amendment

Prohibited the manufacture, sale, and distribution of alcoholic beverages

19th Amendment (1920)

Gave women the right to vote

1948

The year the armed services were desegregated

Brown v. Board of Education

1954 case that overturned Separate but Equal standard of discrimination in education. Separate is NOT equal

Heart of Atlanta Motel v. United States

Owner of the motel was racist, forced to serve black people, unanimous

MLK Birmingham Jail Letter

manifesto of civil rights movement for the United States, civil disobedience, crushing disappointment of fellow Christians

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Katzenbach v. McClung

Ollies BBQ would not service African Americans. Again, this is illegal because it affected commerce

Voting Rights Act of 1965

a policy designed to reduce the barriers to voting for those suffering discrimination.

Civil Liberties

Constitutional freedoms guaranteed to all citizens

Public Interpretation (Brennan)

Progressive Ideology, Constitution changes context based on the times, organic

Original Understanding (Meese)

Conservative Ideology, wants to limit government, historical interpretation, intent? UNDERSTANDING

Roger Williams

A dissenter who clashed with the Massachusetts Puritans over separation of church and state and was banished in 1636, after which he founded the colony of Rhode Island to the south, was a SEPARATIST

Thomas Jefferson

believed separation is critical to remain sanctity of conscious (freedom to believe whatever you want), SEPARATIST, Actions can be regulated by the government not beliefs, he believes religion is a source of factions

John Adams

Establishmentarianism, Religion (affects) Morality (affects) People (affects) Gov, Gov should support religion

George Washington

Nonpreferentialism

Puritan

State of religion during colonial era

Emerson v. Board of Education

SC rules that the federal government cannot aid religion or one religion over the other

Engel v. Vitale

banned formal prayer in schools, the goverment would not make any religion the 'official' religion.

Lemon v. Kurtzman

Three tests are described for deciding whether the government is improperly involved with religion

Lee v. Weisman (1992)

Public schools may not have clergy lead prayers at graduation ceremonies

Zelman v. Simmons-Harris

Public money can be used to send disadvantaged children to religious schools in tuition voucher programs.

Van Orden v. Perry (2005)

Ten commandments can be posted in front of capitol as it had "historical significance"

McCreary County v. ACLU

10 commandments not ok as an individual display in the capital, it represents religion

Texas v. Johnson

First Amendment/Freedom of Speech/symbolic speech - flag burning is protected speech