POS1041 FSU

According to Chief Justice John Roberts, the court

Is an umpire, calling the balls and strikes

According to the constitution, how are "inferior" courts established?

In such inferior courts as the Congress may from time to time ordain and establish. Article 3 describes the establishment of inferior courts.

Alexander Hamilton thought the court was the least dangerous branch. What argument can you make in support of this?

They are pretty much the "cleaning-up" branch for the executive and legislative branch.

Are their limitations on the first amendment right to free speech?

Yes, you cannot lie intentionally or deliberately (very hard to prove). There is also prior restraint where the government can prohibit publication of news if it presents a clear and present danger or imminent lawless action)

Civil rights cases are decided by which standard of review?

Highest standard (strict standard)

Clearly the Court can overturn federal law. Can it also overturn state law? What is an example?

Yes, they can overturn state law. Immigration, Gun Control, Medical Marijuana, Diversity in Education.

The court is more likely to consider a case if

The lower courts have come to differing conclusions

Define civil liberties. What part of the constitution assures civil liberties? What is the one exception (i.e. this is in another part of the constitution)?

Protection from abusive government power (individual freedom); Bill of rights

What is the one exception (i.e. this is in another part of the constitution)?

Freedom of speech; assemble and petition government. Freedom of press and religion doesn't apply to courts.

Did the most recent affirmative action case before the Supreme Court, Parents Involved in Community Schools v. Seattle School Districts No. 1 (2007), extend the judicial definition of civil rights or limit it?

Extend- Schools put children in schools according to race for diversity purposes.

Does the court have to take every case appealed to it? What federal law allowed them to be selective?

No; Judiciary Act of 1925 gave the Supreme Court greater control over their caseload.

Does the Supreme Court always overturn existing law? What is an example where the court upheld a federal law

Not always -Affordable Care Act- Upheld

Does the Supreme Court always support existing law? What is an example where the court overturned a federal law?

No. Voting Rights - knocked down key provision; Defense of Marriage Act - knocked down; Campaign Finance - knocked down

Do most federal bureaucrats work in Washington D.C.?

No

Do people generally only use one media source?

No, people typically use multiple sources for news.

Former Congressman Jason Altmire in his presentation to the class discussed the parts of being a Member of Congress that he did NOT like. What were they? What did he say that he misses most?

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The Founding Fathers were concerned about the independence of the court and put which of the following in the constitution to assure it (pick the best answer):

Lifetime appointments and salaries that cannot be reduced

Have the courts always supported African American rights? What is a primary example when they did not.

No, in Plessy vs. Ferguson.

He was a Democrat but voted AGAINST the Affordable Care Act. For what reason?

Because of his professional background in health care (Googled this one)

The history of civil rights in this country can best be described how?

As constantly changing; was once very strict but has undergone radical changes and still continues to do so.

How are interest groups involved in electioneering? How are they involved in lobbying?

Electioneering- They can support certain candidates and not oppose others, can withhold endorsement or give money to opponent. They can give money to PAC's or operate independent PACs that can give money to candidates with no limit.

Lobbying- Provides voice to people, represents minorities, fosters representation, provides a vehicle for public engagement.

How did he say he decided how to vote on bills?

...

How does Dr. Lawrence Deyton Director of the Center for Tobacco Products in the FDA (in your class video) illustrate the characteristics of civil servants? How does his work illustrate the implementation role of the bureaucracy?

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How does political sorting applying to where get our news?

Different political groups watch different news stations. (More democrats watch CNN and more republicans watch FOX)

How does the 14th amendment protect discrimination concerning race, gender, and other aspects?

It prohibits states from denying ANY person within its jurisdiction the equal protection of the laws.

How does the court decide which cases to consider?

• Issue of broad significance

• Disagreement among lower courts

• Lower court found federal law unconstitutional

• State court has decided a major federal question

How does the media affect our thinking about issues?

It tells readers what to think about (agenda setting) It also educates us and acts as a watchdog/fact checker

How many cases does the court each year (on average)? In the 2012-2013 session, how many cases did they take? How many petitions for consideration did they consider?

65-70 ; took 77 read 7,500 petitions

How many circuit courts of appeal are there? Is there one in Tallahassee?

13 circuit courts of appeal. Yes.

How many federal district courts are there? Is there one in Tallahassee?

94; yes

How many Supreme Court justices do we have? Was this in the constitution? If not, you determines how many justices there are.

We have one chief justice and 8 associates. So currently 9. The power to determine the number of justices was given in the constitution to Congress. Constitution doesn't stipulate the size.

How many Supreme Court justices have been from Florida?

0

If the Democrats and the Republicans are opposing teams (metaphorically speaking), interest groups would play what roles?

they help recruit the best players but they don't play the game; the fans

Independent regulatory agencies are key to keeping our food safe, our markets functioning and our monetary system strong. What are some examples of these agencies?

Food and Drug Administration

Federal Trade Commission

Federal Reserve

Federal Communications Commission

Consumer Product Safety Commission

Securities and Exchange Commissions

Is the federal bureaucracy getting bigger (in terms of numbers of employees)?

No - flat growth

Justice Antonin Scalia is what is known as an "originalist." What does this mean?

I am one of a small number of judges, small number of anybody — judges, professors, lawyers — who are known as originalists. Our manner of interpreting the Constitution is to begin with the text, and to give that text the meaning that it bore when it was adopted by the people

Justice Stephen Bryer is a proponent of the living constitution. What does this mean?

We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look to the history of the time of framing and to the intervening history of interpretation. But the ultimate question must be, what do the words of the text mean in our time. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.

Lobbyists can be either experts in a subject area or can have political ties (such as former Congressmen/Senators).

...

Lobbyists can work in two different types of offices. What are these?

Staff lobbyist (works for association) or Multi-Client Lobbying (lobby in multiple firms for different people)

Many cases in the future regarding student speech will probably have to do with what?

Web based speech

The number of Supreme Court justices is determined:

In the constitution

Political science research has documented that provision of campaign funding gives interest groups what?

Power over candidate and power over policy

The rights of students has been considered in three major Supreme Court cases. What was the dispensation of the first three? How about the 2007 case Morse v. Frederick (commonly known as Bong Hits 4 Jesus)?

Tinker Vs. Des Monies-Found for students rights to wear black armbands as expression of free speech.

Bethel School District- Court said it was appropriate for the school to prohibit vulgar or offensive language.

Morse v. Frederick 2007.....Supreme Court held that First Amendment does not prevent educators from suppressing speech rights of students. Issue in this case was the view of the court that the sign was promoting illegal drug use. The court said the school had the right to deter drug use by students. Vote was 5-4.

Robert Bork was appointed but did not get Senate approval. Why do we remember him?

famous because it was the first time forces organized strongly against him to fight his nomination by Reagan. He was opposed because of his originalist views. Was viewed as an extremist—concerned roll back civil rights decisions and women's rights decisions. Borked now means actions with the aim of preventing a person's appointment to public office.

The Solicitor General of the United States is important because

He represents the government before the Supreme Court

The Supreme Court is the court of highest authority in the federal judiciary. What two types of lower courts complete the basic structure of the federal court system?

Trial courts and appellate courts

The Supreme Court makes decisions based on the U.S. Constitution. Can they also rule based on state constitutions? Can they determine the constitutionality of state laws?

Yes but cannot be based primarily on their state constitution. It has to be a question of constitutionality and federal statue. It has to have some sort of federal nature.

The Supreme Court's recent finding that a key part of the Voting Rights Act was unconstitutional is an example of:

Judicial Review

To serve as a supreme court justice, a person must

Be nominated by the president and approved by a majority of the Senate

What advice was the Lobbyist for a Day in your assignment given about lobbying?

To start with own members and get support from larger groups. Find a sponsor with interests similar to yours and maybe one with a bill already in place.

What amendment has been dubbed "the dissenters amendment?"

1st amendment

What are concurring opinions? What are dissenting opinions?

A concurring opinion is filed when a member of the Supreme Court Justice has something else to say that was not stated in the majority opinion. A dissenting opinion, on the other hand, is filed when any of the Justices disagrees with the conclusion that the majority came to.

What are examples of citizen groups? Examples of single-issue groups?

Citizen Groups- AARP, Children's Defense Fund, League of Women Voters. (Only 10%)

Singe Issue Groups- National Rifle Association, Mothers Against Drunk Driving

What are examples of inside lobbying strategies? What are examples of outside or grass-roots lobbying strategies?

Inside- Meet with members, staff, or executive branch. Testify before committees. Help write legislation. Bring lawsuits. Work together with other groups (coalitions) usually for short-term focused goals.

Outside- Uses members of interest groups. Mobilize public opinion (MADD). Monitor government activity.

What are examples of the issues the Court have taken this term?

• Affirmative Action

• Campaign Finance

• Presidential Power

• Freedom of Speech and Religion

What are the advantages and disadvantages of interest groups?

Advantages- Provides voice to people, represents minorities, fosters representation, and provides a vehicle for public engagement.

Disadvantages- Usually upper class, promotes conflict, emphasizes minority interest, and not transparent.

What are the three levels of federal courts?

District, Circuit Court of Appeals, Supreme

What are the three reasons that people join groups? What are examples of each?

Moral (purposive) incentives such as gratification or truly believe in the cause.

Solidary- (social advantages) find it rewarding, make friends, networking.

Material- Rewards with monetary value (selective benefits)

What are the two characteristics of civil servants?

Civil servants are selected based on merit/expertise, are protected from political firing, are unbiased and work with both parties, work throughout the country and are street-level bureaucrats.

What are the two kinds of private/economic groups? What are examples of business groups? What are the examples of professional groups?

Business Groups and Professional Groups;

Business groups include the Chamber of commerce, National Alliance of Business, and National Association of Pizzeria Operators. (62 percent of interest groups fall into this category) Professional groups include the American Medical Association, Airline Pilots Association, American Nurses Association.

What are the two types of federal employees?

• Political appointees (director/high-level officials)

• Bureaucrats (civil servants)

What article of the constitution deals with the federal judiciary? How does it compare in length and detail to the articles dealing with Congress and the President?

Article 3 of the constitution invests judicial power in the United States to the Supreme Court. This is the shortest article with only 3 sections. The Founding Father's valued court's independence in the constitution so there is a life time appointments and salaries that cannot be reduced.

What branch of government does the federal bureaucracy fall under? Is the bureaucracy outlined in the constitution?

Executive branch. It never directly references a federal bureaucracy.

What contemporary issues relate to "cruel and unusual punishment?"

Overcrowding in prison, sentencing minors to life without parole

What did Cicero mean by the quote, "During war, the laws are silent?"

He meant that during times of war that laws may be broken at times to protect the country

What does the Administrative Procedures Act do? Why is it important to our democracy?

The Administrative Procedure Act, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review agency decisions.(Checks and balances ensures democracy).

What does this phrase refer to—"It is emphatically the province and duty of the judicial department to say what the law is."

It refers to judicial review. Marbury vs. Madison.

What do we mean by disbursed costs and concentrated benefits in terms of why interest groups win?

Interest groups win in part because seek disbursed costs and concentrated benefits.

• They seek small changes, paid for by the rest of us.

• As opposed to disbursed benefits and concentrated costs for example.

What do we mean when we say that the bureaucracy serves to masters?

President—take care laws are faithfully executed

Congress—appropriates money for agencies/ conducts oversight

What elements make an interest group powerful?

Economic ties, number/distribution of members, financial resources of group/members, cohesiveness of membership, prestige, leadership, indispensability, focus, money.

What functions do interest groups provide for their members?

Represent interests before policymakers, provide collective action function for members, provide education on research and current events, offer benefits such as trips and discounts.

What is affirmative action? Is it is still in place in the United States?

Designed to actively promote equality or diversity. Often in terms of a quota system or giving preference to minority groups who suffered previous discrimination. It has been banned and reconsidered. Banned by CA in 1996.

What is an amicus brief? Why are these briefs important to the court's deliberation?

Positions of interest groups; An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise miss.

What is contestability of rights? What is the most common example in civil liberties?

-When two important or cherished values clash ; -Security vs. individual rights

What is de jure discrimination? De facto discrimination?

De jure- Relating to action of circumstances that occur by law; discrimination recognized by law.

De facto- Action or circumstances that occur outside the law. Discrimination by practice rather than by the law.

What is framing?

Framing is showing people something else to change their opinion about what they are going to see next.

What is habeas corpus and why is it considered a civil liberty?

Means "you have the body" Considered a civil liberty because it is the right that a prisoner must be brought before the court to determine whether there is lawful authority to hold that person (and their body)

What is judicial review? Is it in the constitution?

Power of courts to declare the acts of governmental officials unconstitutional. No.

What is noteworthy about the makeup of the 2013 Supreme Court?

3 women, 1 hispanic, 1 african american, No Protestants, Average age is 67, All Ivy League Law Schools, Pay $212,100 chief justice; $203,000 associates

What is noteworthy about the U.S. Supreme Court building?

Did not have a building for the first 100 years

What is pluralism and why did James Madison think it would solve the "faction" problem? Why does it not work like Madison expected?

Pluralism—a system of government in which multiple competing and responsive groups vie for power.(Utilitarian concept, utopian society)

Problem is that groups are not equal—pit the drug industry against citizens who want cheaper drugs

What is priming?

Priming is drawing attention to some aspect of the candidate that stimulates thoughts in viewer.

What is "rule of law?"

Means that the Governments and Individuals are bound by law. The constitution provides the means to interpret that law. Federal courts are the arbiters of what the interpretation is and over time that interpretation changes as the country changes.

What is the byproduct theory of information transmission?

The idea that many people "stumble upon" news when they were actually looking for something else

What is the definition of civil liberties? What constitutional provision is associated with civil liberties?

Protection from abusive government power (individual freedom) Comes from bill of rights.

What is the difference between equal opportunity and equal outcome?

Equal opportunity is giving everyone a chance while equal outcome is assuring certain groups succeed; the idea that previously disadvantaged members of society need to have help to catch up. 87 percent support equal opportunity. 36 percent support equal outcome.

What is the limit on the first amendment right?

Cannot present a clear and present danger.

What is the most common vote in the modern Supreme Court?

5-4 votes, but unanimous is best

What is the most important policy function of the bureaucracy?

• Writes regulations that implement the laws passed by the Congress

• This discretion to write regulations comprises the "power" of the bureaucracy

What is the phrase on the top of the U.S. Supreme Court building that describes the purpose of the court?

"Equal Justice Under Law" - expresses the ultimate responsibility of the Supreme Court.

What is the primary function of lobbyists?

To provide political information to policymakers

What is the process of being placed on the U.S. Supreme Court?

President submits name to senate, public hearings held, Judiciary Committee vote, senate vote - simple majority vote.

What is the revolving door?

Over 40 percent of representatives leaving the House or Senate became a lobbyist after leaving (1998-2005)

What kinds of student expression have schools tried to limit?

Freedom of speech and religion. protest

What seemed to work well for her? What did she learn that her teachers didn't tell her?

...

What three constitutional amendments addressed African American rights?

13th- formal emancipation

14th- due process and equal protection

15th- right to vote

What two components in the constitution help insure the Supreme Court's independence?

Founding Fathers valued court's independence in constitution

- Lifetime appointments

- Salaries cannot be reduced

When does the Supreme Court convene?

Meets on the 1st monday in October

When Supreme Court justices agree to hear a case, they issue what?

Writ of certiorari (4 judges agree)

When we think of federal agencies, we think of cabinet agencies. What are examples of these agencies?

Department of State

Department of Treasury

Justice Department

Department of Health and Human Services

Department of Education

Department of Energy

Where do most people get their news today?

Internet/digitally