JUST 225 Exam 2 Parsons

Article 1- House of Representatives

-# determined by population of state

-elected by the people

-25 years old and citizen for 7 years

-2 year terms

-meant to represent people more directly

Article 1- Senate

- 2 per state

- elected by state legislatures (until 17th amendment)

-30 years old and citizen for 9 years

-6 year terms

-elite check on the public- represents elite interests

Election districts and system

435, past the post, single member districts

-winner takes all

Duverger's Law

anywhere with past-the-post system will result in 2 parties

-mechanical: political parties incentivized to include multiple interests in "big tent"

-psychological: "wasted vote" for any other than 2 parties

Proportional Representation Voting

-Seats won proportional to vote share, not winner takes all

-more voice/place for third parties

-open list: rank in party

-closed list: first from group

Negatives of Proportional Representation Voting

-less representative of specific bases

-too many parties-hard to get things done

--coalition building

-undue influence of small groups because of need for coalitions

-more party-centric

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power

-packing: grouping together an ideologically similar base

-cracking: dividing an ideological group

Rucho v. Common Cause (2019)

partisan gerrymandering "incompatible" with democratic principles but out of federal jurisdiction

Citizens United v FEC (2010)

Corporations have first amendment rights and can run political ads

Speechnow.org v FEC (2010)

SuperPACs may raise unlimited sums of money to campaign for/against candidates (not directly to/coordinated w/ a campaign)

Article 2: Executive Branch

-1 person executive

-natural born citizen

-35 years old

-resident of US for 14 years

-4 terms with unlimited reelection

--amendment 22 limits to 2 terms

-electoral college

--determined by number of senators and reps in state

Regular Presidential Veto

override with 2/3rds majority in each chamber

Pocket veto

-not signing/vetoing bill within 10 days of receiving while congress is adjourned

-no override possible

Executive orders

-Pew and the American Presidency Project

-Clarify, expand, and explain process of implementation of a law

-connected to piece of legislation

--challenged when not

-canceled out by other exec orders

Federalism

-Dual v cooperative

-allows for competition and innovation

Constitutional Amendments

Proposed by:

-2/3 vote in both houses-approved by legislature of 3/4 of states

-national convention called by congress at request of 2/3 of state legislatures

-can be ratified either way- proposal doesn't matter

Judiciary Branch

-original and appellate jurisdictions

-supreme court original jurisdiction

--cases involving ambassadors/public official cases, public official cases with a state as a party

-Opinions: concurring and dissenting

Marbury v. Madison

Establishes judicial review

Citizen Duty

-voting

-jury duty

-obey laws and regulations

-men serve in the military when at war

-report crime he/she witnesses

Engaged Citizenship

-active in voluntary organizations

-active in politics

-form opinion independently

-supports people worse off than themselves

Voting Formula

-need to lower costs in order to get people to vote

-Benefits-costs=likelihood to vote

Why people vote

-age (older people more)

-gender (women more likely)

-Income (wealthier more likely)

-Education (more education more likely)

-race and ethnicity (minorities less except for Black women)

Social Capital

Collective value of social networks

Putnam Bowling Alone (2000)

social capital builds mutual trust and is vital for democratic health

-decline in social capital leads to decline in trust and participation

Decline of Civil Society (Putnam)

-movement of women into labor force

-greater mobility

-demographic changes

--marriage and suburban sprawl

Scheinin (2005) Defining Indigenous

-distinctive from dominant society and self-identify

-connected to their lands

-assert they are "first in time"

Indigenous vs minority status

-minority=number of people

-indigenous about culture and history

American Indian vs Native American

-"American Indian" shows up in official documents

-"American Indian" is the legal definition

Colonialism

subjugation by physical and psychological force of one culture by another through military conquest of territory and stereotyping the relation between the two cultures

Relocation (1828-1887)

-trail of tears

-east to west

-gold rush

-US military strategy: slaughter bison relied on by Native Americans

-Beginning of residential school system

Allotment and Assimilation Period (1887-1934)

-General Allotment Act

--ends a lot of tribal sovereignty, divides up to individual level, sells excess plots

--150 mil acres of tribal land in 1856-down to 100 by end

--legal identity-1924: congress extends citizenship to all Native Americans as well as voting rights

Reorganization of Tribes (1934-53)

better treatment and policy

Termination and Relocation (1953-68)

-increased relationships between tribes and federal gov

-109 tribes relation with the gov terminated

Fed jurisdiction of major crimes on tribal territory except for 6 states

--idea states are better at responding

--reality-crimes go uninvestigated

-incentivized leaving of tribes for cities

--financial incentives

Self determination (1968 to present)

Colonial Legacy: Temporal dislocation

-Native Americans lost/frozen in time

-tendency to think of Native Americans as historical artifacts

Colonial Legacy: Genocide

-systematic elimination of a group

-cultural genocide-still occurring

--residential schools

Colonial Legacy: Internalization

-process of consolidating and embedding one's beliefs, attitudes, and values

-beliefs of self start matching beliefs of the oppressor

Legacy of US residential Schools

-"historic trauma" or Intergenerational PTSD

--22% of native youth w/PTSD

--HS grad rate of 67%; 2x national drop out rate

--suicide 2nd leading cause of death for native youth

-2019-20 (Children's Bureau)-native children 1% of population and 2% of foster population

--greater risk of being maltreated

--more likely to be removed from homes and experience termination of paternal rights

Truth and Reconciliation Commission of Canada (2007-15)

-of 150k, 3200 never returned home (now ~6000)

-6/94 calls to action relate to missing children and burial information

Federal Indian Boarding School Initiative

-announced by Secretary Deb Haaland on 6/22/21

-goal of identifying school locations; identify location of burial sites and identify name and tribal affiliations of children

Indian Child Welfare Act

-"establish minimum federal standards for the removal of Indian children and placement of such children in homes which will effect unique values of Indian Culture"

Adoptive Couple v Baby Girl (2013)

-heightened standards does not apply when parent never had legal or physical custody

-active efforts not required when "abandoned" before birth

-adoption placement preferences are not triggered until tribal member seeks to adopt

Haaland v Brackeen

Argument that Indian Child Welfare Act is restrictive against white parents

-supreme court agreed to hear

Continued Native American Struggle

-Economic development on their own terms

--free, prior, informed consent (FPIC)

-cultural trademarks

-colonial legacies

violence against women

Intersectionality-Kimberle Crenshaw (1989)

-Oppressive systems do not act independently of one another

-sources of injustice and social inequality are multidimensional

-overlapping and intersecting between social identities and compound injustices

Native Americans' Deliberate assimilation into the patriarchy

-interaction w/patriarchal system enforces male-centric approach

--many tribes matriarchal/equal before

-colonists would not deal w/Native women leaders

Organizing a Movement

components: diagnosis, prognosis, and call to action

Insurgent Consciousness (McAdam, Wilson, Turner)

-there is injustice and change is needed

-it is the fault of the system not the individual

-change is possible

Non-violent direct action

fighting the state off their terms (violence)

Native American Resistance

-American Indian Movement (1968)

-Standing Rock (2016)

-Missing national component overall

Historic Federal Slave Law

-US Constitution: 3/5ths compromise (keep slavery a state issue)

-1821 Missouri Compromise

Dred Scott v Sanford (1857)

-court ruled that people of African descent couldn't be citizens because founder didn't intend for them to be

-Missouri Compromise was unconstitutional

Empancipation Proclamation (1863)

-issued 3rd year of the war

-"that all persons held as slaves" within rebellious states "are, and henceforth shall be free" if confederate states did not return to the Union immediately

13th Amendment (1865)

Abolition of slavery w/o compensation for slave-owners

14th Amendment (1868)

-Grants citizenship to "all persons born or naturalized in the US";

- forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of its laws."

-allowed for the "incorporation doctrine": the application of the national Bill of Rights to the states.

15 Amendment (1870)

right to vote cannot be denied on basis of race, color, or previous condition of servitude

19th Amendment (1920)

Right to vote not denied on basis of sex

institutionalized discrimination

institutions power inequalities in society based on perception of racial differences

Types of Discrimination

-De Jure: by law

-De Facto: tradition and habit

Jim Crow Era (1877-1954)

-laws designed to circumvent 13, 14, and 15 amendments

-poll taxes, literacy tests, etc

-grandfather clauses

MLK 4 Steps to a nonviolent campaign

1. determine where injustice exists

2. negotiation

3. self-purification

4. direct action

Tilly's Types of Claims by Movements

-identity claims

--"we" are united force to be reckoned with

-standing claims

--have ties and similarities with other political actors

-Program Claims

--stated support/opposition to actions by the targets of the movement

-all connected to public representation of worthiness, unity, numbers, and commitment

Mancur Olson: The Logic of Collective Action (1965)

-collective action prob

--not rational to participate in movement for public good

-free rider prob

--public/common good

-selective incentives

--material, solidarity, and expressive benefits

Plessy v. Ferguson (1896)

-court held that separation of races did not mean one was inferior to the other

-declared separate but equal constitutional

-Missouri ex rel Gaines v Canada (1938)

-rules Missouri did not provide equal protection by sending student to out-of-state law school

-beginning of NAACP Legal Defense Fund effort to challenge legality of segregation

Brown v Board of Education of Topeka (1954)

-supreme court rejected idea of separate but equal in education

-empowered civil rights movement

Shelby County v. Holder (2013)

-targets sections of 5+4(b) (coverage formula)

--within 5 years 100 US polling places closed

--day of decision- TX implements voter ID law previously blocked

Brnovich v DNC (2021)

upheld 2 AZ laws banning 3rd party ballot collection and invalidating ballots cast in the wrong district

Wisconsin Legislature, et al v Wisconsin Election Commission et al (2022)

legislature challenges new district map from governor-objected to new district for minority group

John R Lewis Voting Rights Amendment Act of 2021

-attempt to make more recent guidelines

-states w /25, localities w/3, counties w/10 instances in the past 10 years

structural racism and discrimination

policy and institutional effects on minority groups

politics of respectability

can earn respect in politics by following traditional behaviors; clothes, education, etc

Problems with politics of respectability

-sets "white standard"

-false sense of security for those that participate

Police violence 2013-17 stats

-Black people 3x more likely to be killed by police

-Big variances by metro area

Police Violence 2005-19 stats

-104 non-federal officers arrested for murder/manslaughter related to on-duty shooting

--only 35 convicted