GOVT 2305.004 - American National Government Lecture Notes (Exam 2)

What is judicial review?

The power of federal courts to decide the constitutionality of laws.

What landmark case established the principle of judicial review?

Marbury vs. Madison in 1803.

What type of jurisdiction do District Courts have?

Original jurisdiction for federal crimes, civil suits, supervision of bankruptcy proceedings, and review of some administrative agency actions.

How many District Courts are there in the United States?

There are 91 District Courts.

What is the primary function of Appeals Courts?

To review final decisions of district courts and decisions by federal regulatory agencies.

How many circuits are there in the U.S. Appeals Courts?

There are 12 circuits plus a specialized circuit, making a total of 13.

What is the composition of the Supreme Court?

9 justices: 8 associates and 1 Chief Justice.

What type of cases does the Supreme Court predominantly hear?

Cases that involve a substantial federal question.

What does 'standing to sue' mean in the context of federal courts?

Litigants must have a legitimate interest in the case to bring it to court.

What is a writ of certiorari?

A formal document calling a case up from a lower court for review by the Supreme Court.

What is meant by 'stare decisis'?

The legal principle of adhering to precedent in judicial decisions.

What is the difference between judicial restraint and judicial activism?

Judicial restraint advocates for adherence to precedent and minimal policy role, while judicial activism supports a more interventionist role by judges.

What clause guarantees equal protection under the law?

The Equal Protection Clause of the Fourteenth Amendment.

What did the Civil Rights Act of 1964 address?

Discrimination based on race, color, religion, sex, or national origin.

What is the significance of the Voting Rights Act of 1965?

It aimed to eliminate barriers to voting for African Americans and other minority groups.

What is the difference between de jure and de facto segregation?

De jure segregation is legally sanctioned, while de facto segregation occurs through individual choices and social conditions.

What historical event ended Reconstruction in the U.S.?

The Compromise of 1877.

What are affirmative action programs?

Policies designed to increase opportunities for historically marginalized groups, often in education and employment.

What is a political platform?

A formal set of principles and policy goals adopted by a political party.

What is Duverger's Law?

An electoral law stating that single-member district systems tend to favor a two-party system.

What is a caucus?

A meeting of party members to discuss and decide on candidates and policies.

What is the difference between closed and open primary systems?

In closed primaries, only registered party members can vote, while in open primaries, any registered voter can participate.

What is the difference between Criminal and Civil Cases?

Criminal cases involve prosecution by the government for crimes against society, while civil cases involve disputes between individuals or entities where compensation or remedies are sought.

What is a Justiciable Dispute?

A Justiciable Dispute is a conflict that is capable of being resolved by the courts; it must be appropriate for judicial resolution.

What is and is not a Justiciable Dispute?

A justiciable dispute is a conflict that involves legal rights and can be adjudicated in court; non-justiciable disputes may involve political questions or other matters not suitable for court resolution.

What are Amicus Curiae briefs?

Amicus Curiae briefs are documents submitted by non-parties to a case, offering insights or information to aid the court in its decision.

What is Original Jurisdiction?

Original Jurisdiction refers to the authority of a court to hear a case for the first time, as opposed to appellate jurisdiction.

What is Appellate Jurisdiction?

Appellate Jurisdiction is the power of a higher court to review decisions made by lower courts.

How are Judges and Justices nominated?

Judges and Justices are typically nominated by the President and confirmed by the Senate, following a specific selection process.

What is the difference between District Courts and the Supreme Court?

District Courts are trial courts that hear cases at the federal level, while the Supreme Court is the highest court, primarily hearing appeals.

What is the Court of Appeals?

The Court of Appeals reviews decisions made by District Courts, functioning as an intermediate appellate court.

What is Senatorial Courtesy?

Senatorial Courtesy is a political custom whereby senators from the President's party are given the opportunity to approve or veto judicial nominations within their state.

Why is Senatorial Courtesy important?

It helps to maintain senatorial prerogative over judicial appointments and fosters collegiality in the Senate.

What considerations does the Senate take when hearing a Supreme Court nominee?

The Senate considers qualifications, judicial philosophy, past rulings, and public opinion regarding the nominee.

Why is the Supreme Court important?

The Supreme Court interprets the Constitution, sets precedents, and resolves significant legal and constitutional issues affecting American law.

What are civil liberties?

Civil liberties are individual rights and freedoms that are protected from government interference, such as freedom of speech and privacy.

Does the First Amendment address only freedom of expression?

No, the First Amendment addresses various freedoms, including religion, assembly, press, and petition.

What is the Free Exercise Clause?

The Free Exercise Clause protects individuals' rights to practice their religion without government interference.

What is the Exclusionary Rule?

The Exclusionary Rule prevents evidence obtained through unconstitutional means from being used in court.

What is Abolitionism?

Abolitionism is the movement to end slavery and promote the emancipation of enslaved people.

What is Affirmative Action?

Affirmative Action refers to policies designed to enhance opportunities for historically marginalized groups in education and employment.

What is the difference between de jure and de facto?

De jure means 'by law,' while de facto means 'in practice,' indicating a difference between legal provisions and their actual implementation.

What is the Equal Protection Clause?

The Equal Protection Clause of the Fourteenth Amendment mandates that individuals in similar situations be treated equally by the law.

What was Reconstruction?

Reconstruction was the period following the Civil War, focused on rebuilding the United States and integrating formerly enslaved people into society.

What is Redlining?

Redlining is the discriminatory practice of denying services, typically financial, to residents of certain areas based on race or ethnicity.

What is a suffragette?

A suffragette refers to a woman who advocated for women's right to vote, particularly in the early 20th century.

What is the difference between civil liberties and civil rights?

Civil liberties are protections against government actions, while civil rights involve the right to be free from discrimination based on characteristics like race or sex.

Did the Civil Rights Act of 1964 and the Voting Rights Act of 1965 only address African Americans?

No, these acts aimed to eliminate discrimination for various groups, including women and other minorities.

What is the difference between de jure segregation and de facto segregation?

De jure segregation is separation enforced by law, while de facto segregation occurs through social practices and economic inequalities.

What event ended Reconstruction?

The Compromise of 1877, which resulted in the withdrawal of federal troops from the South, effectively ended Reconstruction.

What is a caucus?

A caucus is a meeting of members of a political party to discuss policy or select candidates.

What is a closed primary system?

A closed primary system is a type of primary election where only registered party members can vote to select their party’s candidate.

What is an open primary system?

An open primary system allows any registered voter to participate in any party's primary election, regardless of their party affiliation.

What is a coalition?

A coalition is a temporary alliance formed between different political parties or groups to achieve a common goal.

What is a Congressional campaign committee?

A Congressional campaign committee is an organization dedicated to supporting the election of party candidates in congressional races.

What is a direct primary?

A direct primary allows voters to directly select candidates for an upcoming general election.

What is Duverger’s Law?

Duverger’s Law states that single-member district electoral systems tend to favor a two-party system.

What does Duverger’s Law explain about the American political system?

It explains why the U.S. predominantly features two major political parties, limiting the success of smaller parties.

What is a median voter?

The median voter is the individual whose preferences are in the middle of the ideological spectrum, often seen as the key to electoral success.

What is a political platform?

A political platform is a formal set of principles and goals supported by a political party or candidate.

What is a plurality vote?

A plurality vote occurs when a candidate receives more votes than any other candidate, but not necessarily a majority.

What does it mean when a political system is a “winner takes all” system?

In a 'winner takes all' system, the candidate who receives the most votes in an election wins the entire electoral prize, such as a seat or position.

Who were the “Rockefeller Republicans?”

Rockefeller Republicans were moderate Republicans who were associated with the policies and values of former New York Governor Nelson Rockefeller, especially during the mid-20th century.

What is the “Solid South?”

The Solid South refers to the electoral support of Southern states for the Democratic Party, particularly in the late 19th and early 20th centuries.

What is the effect of money in Politics?

Money in politics often leads to increased influence of wealthy individuals and groups, potentially undermining democratic principles and equality in representation.

What is Classical pluralism?

Classical pluralism is a theory that political power is distributed among a variety of distinct groups, each having influence over policy decisions.

What are the Issues and Solutions to Free-riding?

Issues with free-riding occur when individuals benefit from resources or services without contributing; solutions include incentives and collective action efforts.

What is a collective action problem?

A collective action problem arises when individuals' self-interest leads to a failure to achieve a common good, often resulting in suboptimal outcomes.

What is the difference between actual and potential groups?

Actual groups consist of individuals who actively participate in an organization, while potential groups are those who could join but do not currently participate.

What is a Single Issue group?

A Single Issue group focuses on advocating for a specific cause or policy area, sometimes at the expense of broader issues.

What is Lobbying?

Lobbying is the act of attempting to influence the decisions of government officials, often by special interest groups.

What is a contract lobbyist?

A contract lobbyist is a professional hired by an organization or interest group to advocate on their behalf to lawmakers.

What is Indirect (or grassroots) lobbying?

Indirect or grassroots lobbying focuses on mobilizing the public to contact lawmakers and influence policies.

What is Direct lobbying?

Direct lobbying involves direct interaction with policymakers to persuade them on specific legislation or issues.

How can Lobbyists be useful to Politicians?

Lobbyists provide information, expertise, and resources to help politicians make informed decisions and navigate complex issues.

What is Litigating?

Litigating is the process of taking legal action or resolving disputes in court.

What are the Types of Interest Groups?

Types of interest groups include economic interest groups, public interest groups, single-issue groups, and governmental groups.

What is the Lobbying Disclosure Act?

The Lobbying Disclosure Act regulates the activities of lobbyists and requires them to register and disclose their lobbying activities.

What is the Administrative Procedure Act?

The Administrative Procedure Act governs how federal administrative agencies propose and establish regulations.

What is Voter mobilization?

Voter mobilization refers to efforts aimed at encouraging people to register and participate in elections.

How do we mobilize voters?

Voter mobilization can be achieved through outreach campaigns, grassroots organizing, and providing information about the voting process.

What is a Peak Association?

A Peak Association is an organization that represents a coalition of different interest groups or industries, often focusing on common goals.

What is a Selection strategy?

A Selection strategy is a method used by groups to recruit members or participants based on specific criteria to maximize effectiveness.

What is a Selective incentive?

A Selective incentive is a benefit offered to encourage participation in a group or organization, often provided only to members.

What is a Super PAC?

A Super PAC is a political action committee that can raise unlimited funds from individuals and corporations for independent political expenditures.

What is a 501c3 organization?

A 501c3 organization is a nonprofit organization that is exempt from federal income tax and is typically focused on charitable, educational, or religious purposes.

What is a 501c4 organization?

A 501c4 organization is a social welfare organization that can engage in advocacy and lobbying and is also exempt from federal income tax.