Baker v. Carr (1962)
charles Baker sued Tennessee for not redrawing its state legislative districts because his county’s population had grown but not gained representation
Violated 14th amendment (equal protection of the law)
Ruled in 6-2 decision that the government can force states to redistrict every 10 years
Led to the development of the “one person, one vote” doctrine
Gave federal courts the right to weigh in on redistricting
Shaw v. Reno (1993)
white voters living in North Carolina’s 12th district sued the state for gerrymandering to isolate African Americans into the 12th district
Ruled in 5-4 decision that the state was using racial bias in its redistricting
Violated equal protection clause
Any racial gerrymandering required a compelling state interest
Voting Rights Act of 1965
encouraged states to increase minority representation in Congress
Initially made little change
1982 amended to make states create majority-minority districts (concentrating minority populations into districts)
Made it easier for minority candidates to get elected
Many states redistricted after the 1990 census, resulting in an increase of minority representation
Power of the purse
gives Congress power to influence others by preventing access to funds or adding conditions
Can be used positively to fund programs or negatively to harm an agency
House of Ways and Means Committee
oversees spending laws and taxing
Senate can approve presidential nominations to court and ambassadors to other countries
Must also ratify all treaties the president signs
Delegate Model
(representational view): consider themselves delegates who mirror the views of their districts
Trustee Model
(attitudinal view): some consider themselves trustees who should think about constituents’ views but use their judgement when making decisions
Rules Committee
determines how long a bill will be debated and whether open or closed rules for amending bills are allowed
Open rules allow amendments
Closed rules forbid amendments
Republicans (majority) in 1994 promised open rules for most bills
Considered most powerful committee in House
Can kill a bill by postponing vote or make it easy for an opponent to add killer (poison-pill) amendments
Can bring bills up for immediate vote
Pork barrels
“pet project” riders created to get money to a home state
Earmark
provisions in legislation that allot money to a project (appropriation and authorization bills)
Not allowed by House
Conference committee
committee each house’s version of a bill is sent to which come from the committees of each house that wrote the bill
Attempts to negotiate compromise bill
Compromise bill returns to both houses for voting
Failure to pass a compromise bill will kill it
Sent to White House if passed for presidential approval
markup sessions
After investigations committees amend and rewrite parts of bills in meetings
Pigeonholed
a bill stuck in a committee
Discharge petition
the way to force a bill out of committee for a floor vote
Standing committees
permanent, specialized
Ex. House Ways and Means, Senate Judiciary, Senate Armed Services
17 in the Senate, 20 in the House
Joint committees
made up of members of both houses
Normally used for investigations or communicating with the public
Select committees
temporary committees created in each house for a special reason
Usually carry out investigations to write special bills
Ex. House Watergate Committee, Senate Select Committee on Unfair Practices
Conference committee
temporary committees made up of members from committees of both houses who wrote a bill
Try to create compromise bills, then submit to both houses
Disbanded once a compromise bill is negotiated
President pro tempore
the temporary president when the VP is absent
Mostly honorary position
Usually given to oldest member of the majority party
logroll
President jawbones (tries to influence) and colleague
Northwest Ordinance (1787, 1789)
created by the Articles of Confederation, provided guidelines for settling new territories and creating new states, reaffirmed in the Constitution in 1789
Gulf of Tonkin Resolution (1964)
gave president broad powers to bring unlimited troops for unlimited time to Vietnam
War Powers Act (1973)
passed in an attempt to make president get congressional approval before making war, limiting president to 10,000 troops or 60 days and 30 additional days to withdraw
Bully pulpit
lets the president speak with the American people and helps them to pressure Congress
Literalist doctrine
president only has the powers listed in Article II of the Constitution and should not use power that is not granted; not followed by any president 1920s
Stewardship doctrine
gives the president the ability to use power in multiple ways and arenas; free to use any power not denied to them by the Constitution; increases power of president
Unitary executive theory
gives executive branch nearly unlimited power to develop any policy that is necessary
petit juries
decision known as verdict
Guilty verdict only returned if all 12 jurors vote to convict
Split jury = “hung jury”, results in a mistrial
appellate jurisdiction
Acts in appellate jurisdiction, can only decide issues of law and not facts of a case
original jurisdiction
Federal District Courts: have original jurisdiction
writ of certiorari
If 4 justices agree to review lower court’s decisions, court issues a writ of certiorari - document used to request lower court transcripts of case
Amicus curiae briefs
effort to sway the justices, can be very influential
solicitor general
can argue on the government’s behalf
Quasi judicial agencies
rule enforcement, punish violators
Quasi-legislative agencies
independent agencies who fill in gaps and write rules
Independent agencies
generally normal bureaucracies with presidential oversight
Regulatory agencies/independent regulatory commissions
more independence, act as watchdogs over federal government; Congress and president are not supposed to interfere
Board of Commissioners
Runs regulatory agencies.
Alliance/issue network
a close working relationship formed when issues affect many groups by pro/con coalitions of interest groups, Congress members, and bureaucrats
Iron triangle
informal alliance made of three groups: particular industry + lobbyists, congressional committee dealing with that industry, and the agency that is affected
Civil service system
office of Personnel Management is bureaucracy’s employment agency, administers civil service examination, publishes job opening lists, and hires based on merit