American Politics Unit 2

Federalist 84 (Hamilton)

Said a Bill of Rights wasn’t necessary because the Constitution already limited government

Selective incorporation

The 14th Amendment’s Due Process Clause applies most of the Bill of Rights to the states

Habeas Corpus

Right to be brought before a judge

No Bill of Attainder

Congress can’t punish without a trial 

9th Amendment

The listed rights aren’t the only rights people have

Barron v. Baltimore (1833)

Bill of Rights didn’t apply to the states (until later through selective incorporation)

Griswold v. Connecticut (1965)

Established a right to privacy through “penumbras” (implied rights) of other amendments

Bradenburg v. Ohio (1969)

Protected inflammatory speech unless it incites imminent lawless action

Wisconsin v. Yoder (1972)

Freedom of religion — Amish families didn’t have to send kids to high school

Trustee model

Representatives act on national interests

• Senators

Delegate model

Representatives act on district wishes

• Representatives

• Sociological & agency representation

Rules Committee

Part of the House, sets debate limits

Pocket veto

When the President ignores a bill for 10 days and Congress adjourns during that time, so the bill does not become law

Filibuster

A tactic used in the Senate to delay or block a vote on a bill by continuing debate indefinitely. It can only be ended by a cloture vote (60 senators)

How bills die in the House

Never scheduled, recommitted to committee

How bills die in the Senate

Not scheduled or filibuster

President’s powers

Expressed, implied, delegated, inherent

The modern presidency

Expanded executive branch & president becomes dominant legislative actor

Weber’s model of the federal bureaucracy

Hierarchy, specialization, rules, impartiality, merit-based hiring

Regulations

Written by agencies, based on existing ambiguity in law, open to public comment, can be influenced by interest group, has force of law once finalied 

Congressional control of the federal bureaucracy

1. Power of the purse

2. Hearings & investigations

3. Mandatory reports

4. Informal legislative veto

5. Inspectors General

6. Government Accountability Office 

7. Sunset laws

Presidential control of the federal bureaucracy

1. Appoints agency heads

2. Office of Management & Budgeting

3. Executive orders

4. Can create new agencies

Pendleton Act (1883)

• Ended spoils system: hired by merit

• After assassination of P. Garfield

Iron Triangle

Congress, interest groups, and agencies exchange favors

Federal Court system

District Courts, Court of Appeals, Supreme Court

State Court system

State Court of Trials, State Court of Appeals, State Supreme Court

Marbury v. Madison (1803)

Marbury sued Madison for not delivering his appointment

• Ruling: Madison’s refusal was illegal, but the law giving the Court power to force delivery (Judiciary Act of 1789) was unconstitutional 

• Established Judicial Review: Court can strike down laws or actions as unconstitutional 

Judiciary Act of 1801

Passed by Federalist majority (Adams)

Judiciary Act of 1802

Repealed the Judiciary Act of 1801

How cases get to the Supreme Court

1. Petition for Writ of Certiorari

2. Clerks review petitions & summarize for Justices

3. Rule of Four: 4 Justices must want to hear the case

Cases within the Supreme Court

1. Both sides submit written briefs

2. Amicus briefs from outside groups

3. Oral arguments

4. Conference

5. Opinions written

Justice Breyer

“Living Constitution”

1. Text

2. History

3. Tradition

4. Purpose

5. Consequence

6. Precedent

Justice Scalia

Textualism: no “living Constitution”

• Avoid considering purpose or consequences: too subjective

Stare decisis

“Let the decision stand.” Courts follow precedents—past judicial rulings—when deciding similar cases, to ensure consistency and stability in the law