Political Science Exam 2

Civil Rights

the protections and privileges given to individuals by law, ensuring equal treatment and protection from discrimination based on characteristics like race, gender, or disability

Discrimination

treating individuals or groups unfairly based on characteristics such as race, gender, or ethnicity

Reasonable Discrimination

situations where distinctions between groups are made based on factors that serve a legitimate governmental interest and are not arbitrary

Unreasonable Discrimination

distinctions between groups are made without justifiable reasons, violating the principles of equality and fairness

Strict Scrutiny Test

applied to laws that affect race or ethnicity. Laws that are assumed unconstitutional unless there is an overwhelming justification for them.

Intermediate Scrutiny Test

applied to laws that affect gender. Laws that are assumed unconstitutional unless they serve a clearly compelling public policy purpose

Reasonable-Basis Test

applies to laws affecting other categories, such as age and income. Laws that are assumed constitutional unless there is no sound rationale for them

Suspect

categories such as race and ethnicity that are presumed unconstitutional under the strict scrutiny test unless justified by a compelling reason

The significance of the 13th, 14th, and 15th amendments

Were the foundational in securing civil rights

The 13th Amendment

Abolished slavery

The 14th Amendment

Granted equal protection and due process under the law, prohibiting states from denying any person equal protection of the laws

The 15th Amendment

Granted voting rights regardless of race

Plessy vs. Ferguson

Established in 1896. Established the “the separate but equal,” which allowed racial segregation as long as facilities were considered equal

Indian Citizenship Act of 1924

granted U.S. citizenship to all Native Americans born in the United States

Brown v. Board of Education

1954, declared that racial segregation in public schools was unconstitutional, overturning Plessy v. Ferguson

Civil Rights Act of 1964

prohibited discrimination based on race, color, religion, sex, or national origin in employment and public accommodations

Voting Rights Act of 1965

aimed to eliminate racial discrimination in voting, particularly in southern states, and authorized federal oversight of elections

Fair Housing Act of 1968

prohibited discrimination in the sale, rental, and financing of housing based on race, religion, national origin, and later, gender

Americans with Disabilities Act of 1990 (ADA)

Prohibits discrimination based on disability and ensures accessibility to public servers, accommodations, and employment opportunities

De Facto segregation

refers to racial segregation that occurs by social practice and custom

De Jure segregation

is segregation imposed by law

Remediation

refers to efforts to address and correct past discrimination, often through affirmative action or policies designed to benefit historically disadvantaged groups

Controversies of Gender and Civil Rights

issues include equal pay, reproductive rights, and protections against gender-based violence and discrimination

Profiling

law enforcement or other authorities targeting individuals based on their race, ethnicity, gender, or other characteristics rather than on individual behavior or evidence

Sexual orientation

a protected category under civil rights laws, address discrimination based on one’s sexual preference or identity, such as in employment and marriage equality

Issues related to policing/law Enforcement

Concerns in policing include racial profiling, use of excessive force, and unequal treatment under the law, particularly toward minority communities

immigration intersects with civil rights

concerns regarding the treatment and legal protections of immigrants, including undocumented individuals and refugees

What is the constitutional basis of congress

found in Article 1 of the U.S. Constitution, which establishes the legislative branch as "The First Branch" and gives it significant powers

What powers are given to Congress in Article 1 of the Constitution

Congress holds both expressed powers (specifically written in the Constitution) and implied powers (derived from the Necessary and Proper Clause), as well as the power of the purse (control over government spending) and the ability to architect the other branches of government

Bicameralism

refers to the two-chamber structure of Congress, consisting of the House of Representatives and the Senate, designed to provide careful consideration of legislation, balance power, and represent both the people and the states

What is the role of the House of Representatives in bicameralism

known as the "People’s Chamber" because it represents the people directly, with members elected based on population size and serving shorter terms

What is the role of the Senate in bicameralism

acts as a counter to popular tendencies, representing states equally (two senators per state) and balancing the more populous House. It also serves longer terms for more stability

What are the two forms of Representation in Congress

Descriptive representation and substantive representation

Descriptive representation

refers to the demographic characteristics of representatives matching their constituents

substantive representation

refers to the actions representatives take to represent the interests of their constituents.

What is the Delegate model of representation

a legislator acts as a direct voice for their constituents' wishes, voting according to their preferences

What is the Trustee model of representation

uses their judgment and expertise to make decisions, even if those decisions may not align directly with the majority's preferences

What is the Dual Nature of Congress?

it functions both as a body of representation (addressing the concerns of constituents) and a body of legislation (creating laws through deliberation and committee work)

What is “Home Style” in Congress?

refers to the way members of Congress connect with their constituents through personal interaction, building trust, and attending to local issues, which is crucial for re-election.

What is the Electoral Connection?

refers to the relationship between members of Congress and their constituents, focusing on actions that will help ensure their re-election.

What are Earmarks in Congress?

provisions inserted into legislation that direct funds to specific projects or programs, often benefiting a member’s constituency.

What is “Hill Style”?

refers to the more formal, institutional behaviors in Congress, such as participation in committee work, crafting legislation, and making deals.

What is Logrolling in Congress?

practice of members of Congress trading votes—supporting each other’s legislation to gain mutual benefits.

What is the importance of Congressional Elections?

elections occur every two years, determining the makeup of the House and the Senate. Elections involve reapportionment, redistricting, and gerrymandering.

What is Reapportionment?

the process of redistributing the 435 seats in the House of Representatives based on changes in population as measured by the census.

What is Redistricting?

the process of redrawing congressional district boundaries to reflect population changes, typically handled by state legislatures.

What is Gerrymandering?

the manipulation of electoral district boundaries to favor a particular political party or group.

How does Incumbency impact elections?

refers to the advantage of sitting members of Congress in re-election campaigns, often due to name recognition, fundraising, and access to resources.

What are Midterm Elections?

held every two years, in between presidential elections, where all House seats and one-third of Senate seats are up for election.

What are the differences between the House and the Senate?

Key differences include the size (House has 435 members, Senate has 100), terms (House members serve two years, Senators serve six), and qualifications (House members must be at least 25, Senators at least 30).

How do Parties influence Congress?

affect the legislative process by controlling the agenda, leadership roles, and voting strategies, with the majority party leading legislative efforts and the minority party acting as the opposition.

What is the role of Leadership in Congress?

helps organize legislative priorities and strategy. In the House, key positions include the Speaker and Majority/Minority Leaders. In the Senate, positions include the Majority Leader and Minority Leader.

What is the purpose of the Committee System in Congress?

allows for detailed consideration of legislation, oversight of the executive branch, and conducting investigations. Committees can be standing or conference.

What is the Legislative Process?

introduction, committee review, floor decision, sending the bill to the other chamber, conference committees for reconciliation, and finally, sending the bill to the President for approval or veto.

What is the Executive Branch of the U.S. government?

responsible for enforcing laws and is headed by the President. It also includes the Bureaucracy, which helps implement government policies and programs.

What is the Constitutional Framework for the Executive Branch?

established in Article 2 of the U.S. Constitution, which outlines the powers, responsibilities, and limits of the President

What are Executive Orders?

directives issued by the President to manage the operations of the federal government. They carry the force of law but do not require Congressional approval.

What are Executive Agreements?

international agreements made by the President without the need for Senate approval. They are typically used for diplomatic purposes.

What is Executive Privilege?

allows the President to withhold certain information from Congress, the judiciary, or the public, particularly in matters related to national security or confidential executive branch discussions.

What is the War Powers Resolution?

(1973) limits the President’s ability to send U.S. troops into combat without Congressional approval, requiring a report to Congress within 48 hours of military action.

What is Article 2 of the U.S. Constitution about?

establishes the Executive Branch, outlines the powers and duties of the President, and provides the framework for presidential election processes.

What is the significance of the 12th Amendment?

(1804) modified the process for electing the President and Vice President, establishing separate ballots for each office in the Electoral College.

What is the purpose of the 22nd Amendment?

(1951) limits Presidents to two terms in office, or a maximum of 10 years if they take over as President mid-term.

What is the significance of the 25th Amendment?

(1967) outlines the process for presidential succession, including procedures for filling a vacancy in the office of the Vice President and the steps if the President is incapacitated.

What are Expressed Powers of the President?

specifically granted to the President by the Constitution, including executive, military, diplomatic, legislative, and judicial powers.

What are Delegated Powers?

powers granted to the President by Congress to carry out specific duties or responsibilities. These powers are not explicitly mentioned in the Constitution but are authorized by legislative acts.

What are Inherent Powers?

powers that the President holds as part of the executive office, which are not explicitly stated in the Constitution but are essential for the functioning of the government

How does the President interact with the Legislative Branch?

through the veto power, signing bills into law, issuing executive orders, and proposing a legislative agenda

How does the President interact with the Judicial Branch?

nominating federal judges, including Supreme Court justices, and granting pardons and commutations.

What is the Presidential Election Process?

candidate must win the nomination of their party and then win the majority of electoral votes in the general election

What is the Electoral College?

a group of representatives from each state who formally elect the President and Vice President of the U.S. A total of 270 electoral votes are needed to win the presidency.

What is the purpose of the Electoral College?

to give states a role in selecting the President, with each state's electoral votes based on its population size

How does the Electoral College work?

Each state has a certain number of electoral votes based on its representation in Congress (House and Senate). A majority of 270 out of 538 electoral votes is needed to win the presidency.

What is the Line of Succession in the event of a President’s death or incapacity?

Vice President first, then the Speaker of the House, followed by the President Pro Tempore of the Senate, and then members of the Cabinet in order of their department’s creation (beginning with the Secretary of State).

What is Impeachment?

the process by which the House of Representatives charges a President (or other federal officials) with misconduct. If the President is impeached, the Senate holds a trial to determine whether to remove the President from office.

What are the Traits of the Presidency?

Key traits of the presidency include leadership qualities such as crisis management, morale building, agenda setting, persuasion, and strong personality to influence public opinion and govern effectively

What is the Presidential Coattails effect?

occurs when a popular President helps other candidates from the same party win elections due to their association with the President's popularity.

What is the Honeymoon Period for a President?

refers to the initial months of a President’s term when they typically enjoy high approval ratings and greater political capital to implement their agenda.

What are Mandates in the context of the presidency?

refer to the perception that the President has been given a clear public mandate by voters to carry out their policies, typically after winning the election by a large margin.

What are Midterm Elections?

held every four years, in the middle of a President’s term, where all members of the House of Representatives and one-third of the Senate are up for re-election.

What is the Coalition of the Minority?

refers to the alliance formed by opposition groups in Congress who may not hold the majority but work together to block or alter the President’s agenda.

What is the Adversarial System?

a legal system where two opposing parties (the plaintiff and defendant) present their case before an impartial judge or jury, with the goal of proving their case.

What is the difference between Criminal Law and Civil Law?

Criminal Law deals with actions that are offenses against the public, such as theft or assault, while Civil Law involves disputes between individuals or organizations, such as contracts or property issues.

What is the Standard of Proof in criminal and civil law?

In criminal law, the standard of proof is "beyond a reasonable doubt", meaning the evidence must leave no reasonable doubt about the defendant's guilt. In civil law, the standard is "preponderance of the evidence", meaning the plaintiff must prove their case is more likely true than not.

Who are the Plaintiffs and Defendants in a legal case?

The plaintiff is the party bringing the case to court, usually seeking damages or justice. The defendant is the person or entity being accused or sued in the case.

What does Standing mean in a legal case?

refers to the requirement that a party must have a direct interest in the outcome of the case to bring a lawsuit.

What is Precedent in legal terms?

the legal principle that courts should follow the rulings in previous cases with similar facts or issues. It provides consistency in the application of the law.

What does Stare Decisis mean?

is the doctrine that courts should follow established precedents when making rulings, ensuring legal stability and consistency.

What is Article 3 of the U.S. Constitution about?

establishes the Judiciary, creating the Supreme Court and inferior courts, and outlines the powers of the judiciary, including original and appellate jurisdiction

What role does the President play in the selection of federal judges?

appoints federal judges, subject to confirmation by the Senate. This process involves senatorial courtesy and Senate confirmation hearings.

What is Senatorial Courtesy?

a tradition where the President consults with the Senators of a state before nominating a federal judge from that state, typically seeking their approval.

What happens during Senate Confirmation Hearings for federal judges?

Senators question the judicial nominee to assess their qualifications, views, and suitability for the role.

What is the structure of the U.S. Federal Court System?

• U.S. District Courts (trial courts)

• Circuit Courts of Appeal (appellate courts)

• U.S. Supreme Court (highest appellate court)

What is Judicial Federalism?

refers to the coexistence of federal and state court systems, with 51 separate legal systems in the U.S. (50 states and the federal system).

What is Jurisdiction in a legal context?

refers to the authority of a court to hear a case and make legal decisions. This can be based on geography (where the case arises) or the type of case.

How do cases reach the U.S. Supreme Court?

through original jurisdiction (when the Court hears a case first) or appellate jurisdiction (when the Court reviews cases decided by lower courts).

What is the role of the Writ of Certiorari in the Supreme Court?

a request for the Supreme Court to review a lower court's decision. The Court grants review if at least four justices agree to hear the case (Rule of Four).

What is the role of law clerks, solicitor general, and the public in the Supreme Court's operations?

Law clerks assist justices by researching cases and preparing opinions. The Solicitor General represents the U.S. government in front of the Supreme Court. The public may influence decisions through amicus curiae briefs or public opinion.

What happens during Oral Arguments in the Supreme Court?

attorneys for both sides present their case before the Supreme Court, answering justices' questions to clarify legal points and arguments.