POLS 2305 Chapter 4 - 6

representation

making governing decisions on behalf of their constituents as well as the nation as a whole

prior restraint

_ New York Times vs. United States (1971)
- government censorship or punishment before the information is communicated or published
- blocking the press from releasing information to the public or punishing journalists who intend to release information to the public
- the government must prove that censorship is justified
- founders considered prior restraint dangerous
- in most cases, the Supreme Court rules in favor of the press and government attempts at prior restraint as unconstitutional

libel

published material that falsely damages a person's reputation (defamation of character)
- public officials must prove malicious intent in libel cases

slander

verbal defamation of character; comments must be heard by someone other than the defamed individual

right to peaceably assemble

- Snyder v. Phelps (2011) 8-1 decision
- physically gathering in a group to protest or associate with others for economic, political, or religious purposes
- restrictions also based on the government's ability to prove a gathering threatens public safety

right to petition the government

contacting government officials to voice policy concerns

due process of law

procedures government authorities must follow before a person can lawfully be charged and punished for a crime
- covered under the 4th, 5th, 6th, and 8th amendments

fourth amendment

protection against unreasonable searches and seizures
- Mapp v. Ohio (exclusionary rule)
- good faith exception

fifth amendment

protection against self-incrimination
- Miranda Rights v. Arizona (1966)

sixth amendment

right to legal counsel, impartial jury, and witnesses required to testify under oath
- Gideon v. Wainwright (1963)

eighth amendment

prohibits cruel and unusual punishment
- SCOTUS usually defers to states to define
- discriminatory sentences, cases involving juvenile and mentally handicapped defendants
- Furman v. Georgia (1972)

right to privacy

implied right; protection based on a combination of liberties granted under the Bill of Rights
- Griswold vs. Connecticut (1965): SCOTUS ruling (7-2) established individuals right to privacy
- challenged a state law that infringed on a individual's decisions on reproductions
- SCOTUS ruled that Americans have the right to a "zone of privacy" based on the freedoms provided in the 1st, 3rd, 4th, 5th, and 9th amendments
- this right to privacy applies to the states because of the 14th amendment

(right to privacy) issues and cases following Griswold

Roe v. Wade (1973): 7-2 decision
Bowers v. Hardwick (1986): 5-4 decision
Lawrence v. Texas (2003): 6-3 decision
- Burwell v. Hobby Lobby (2014): 5-4 decision

civil rights

rights we have as citizens that are protected by the government through equal protection under the law that grant us the freedom to participate in the political process, life as part of the national community, and pursue betterment opportunities
- 13th, 14th, 15th, 19th, and 26th amendments
- procedural view of equality: equal treatment and opportunities

suspect classification

traits, such as race or ethnicity, for which any discriminatory law must be justified by a compelling government interest and proof there are no other means to meet those interests; laws involving groups of historically subjected to discrimination
- these laws are subject to Strict Scrutiny

intermediate standard of review

the law important to achieving the government's interests
- ex. discriminatory tests involving gender

minimum rationality test

allow discriminatory law if it is legitimately related to the government's interests
- ex. laws based on income level, age, etc.

Strict Scrutiny

the most rigorous judicial test
- ex. Loving vs. Virginia

racism

institutionalized power inequalities in society based on the perception of racial differences

Black codes

laws passed in the South following the Civil War (Reconstruction Era) and prior to the ratification of the 14th and 15th amendments that were designed to restrict the citizenship of former slaves

Jim Crow laws

laws passed by the Southern states designed to circumvent the 13th, 14th, and 15th amendments and deny rights on bases other than race
- poll taxes
- grandfather clauses
- literacy tests
- segregation

Civil Rights Act of 1964

federal law that banned segregation, allowed the president to deny federal aid to state and local programs that were discriminatorily implemented; prohibited discriminatory hiring and employment practices by private sector businesses; also created the EEOC

Voting Rights Act of 1965

made it illegal for states to create voting districts designed to weaken minority groups' vote, outlawed discriminatory voting practices (ex. literacy tests), allowed federal agents to register voters

24th amendment

outlawed poll taxes, ratified in 1964

Civil Rights Act of 1968

banned housing discrimination

affirmative action

designed to overcome the effects of past discrimination and help traditionally disadvantaged groups; education admissions and employment
- LBJ's E.O. 11246, mandated policy at all levels of government

19th amendment

ratified in 1920, granted voting rights to women

26th amendment

ratified in 1971, lowered the voting age from 21 to 18

national lawmaking

writes federal laws that authorize national programs and public policies, both domestic and foreign, to address the demands of the people and national interests

constituency (constituents)

all voters within a congressional member's (House or Senator) district or state

policy representation

introducing legislation that advances the economic and social interests of the member's state or district and working to secure the passage into law

allocative representation

members' efforts to secure the funding for programs that benefit their district or state

earmarks (pork-barrel spending)

government funding for special projects or programs that benefit a specific constituency group or region; typically hidden in Omnibus legislation

Native Americans

congressional policies, land rights, social issues, gambling, representation in government

Hispanic Americans

variation in place of origin, reasons for emigrating, workers' rights, English-only movements, representation in government

Asian Americans

eligibility for citizenship, WWII, representation in government

women

voting rights, property rights, access to education, pay gap, representation in government

sexual orientation - LGBT

Bowers case, DOMA, Don' Ask, Don't Tell, marriage; representation in government

age

older Americans and employment discrimination; rights prior. to adulthood (18)

disability

physical/mental; ADA of 1990; job discrimination; public attitudes; representation in government

symbolic representation

perception that the congressional member reflects their constituents' political values and priorities
- demographic similarities, participating in community activities within their state or district

casework

members' efforts to assist constituents with the expectation it will benefit them electorally
- House: $800,000 yearly
- Senate: $2-4 million yearly

bipartisanship

when the two major political parties collaborate and cooperate with each other on public policies and governing decisions

partisanship

loyalty to one political party

hyper-partisanship

unyielding commitment to one political party at the expense of other commitments or willingness to compromise

polarization

the result of the increasing ideological divisions between political parties in addition to the increasing ideological consensus within each party

Article I

grants Congress legislative authority, establishes the House and Senate (bicameral)
- institution is designed to slow down the policymaking process, resolve policy conflicts through deliberation and compromise
- congressional authority
- enumerated powers
- implied powers; Necessary and Proper clause
- Lawmaking process
- Impeachment process

US House

eligibility criteria: two-year terms; directly elected by the people

US Senate

eligibility criteria: six-year terms, staggered elections, originally selected by the state legislatures; selection process changed with ratification of the 17th amendment (1913)

checks and balances

cooperative governance, no one branch has absolute power

congressional oversight

federal bureaucracy and the other branches

Article II

appointment process and treaties

Article III

design of the federal court system

reapportionment

reallocation of US House seats after the decennial census, depending on the state's overall population growth or decline, approx. 710,767 people in each district

redistricting

redrawing legislative districts in a state that either gained or lost seats due to changes in the state's population; process is required per the US Constitution
- US Constitution delegates the authority to determine the process to the states; procedure varies by state but most states assign the task to the state legislature

gerrymandering

illegal approach to redistricting, purposely redrawing district lines to gain an advantage for one party over the other or weaken the impact of minorities' votes
- partisan and racial gerrymandering

running for congressional office

- constitutional eligibility requirements
- desire to serve the public
- power, prestige, perks of the office: franking privileges, staff, benefits, etc.
- political assets: experiences, name recognition
- financial assets: cost of congressional campaigns

2022 House

$612, 986 (average raised); most expensive - $32.1 million

2022 Senate

$3 million (average raised); most expensive $260.7 million

2022 midterm totals

$1.9B House; $1.7B Senate

incumbents

the people currently serving in elected office

challenger

the candidate who is running against the incumbent candidate

open-seat election

an election in which the incumbent is not running for re-election

coattail effect

during presidential election years, congressional candidates who are members of the same party as a popular candidate are more likely to get elected; they ride into office on the winning presidential candidate’s coattails

midterm loss

the political party of the incumbent president typically loses seats in Congress in midterm election years; voter turnout is historically lower

majority party

the political party whose members hold the most seats in their respective chambers

minority party

the political party that does not hold a majority of seats in their respective chamber

US House

435 voting members, total population of a state determines the number of seats each state has in this chamber, more structured and partisan

US Senate

100 voting members, two for each state; Senators are more autonomous, party influence is weaker in the Senate

Speaker of the House

position established in Article I, Sec. 2

• elected to the position by either the members of the House at the beginning of each new session

• sets the legislative agenda for the House

• controls the House Rules Committee

• has influence over other members’ committee assignments

House Majority Leader

also selected by the House members

• schedules legislation for floor debate

• plans the majority party’s legislative schedule and political strategies

• helps the Speaker promote the majority party’s agenda

House Minority Leader

elected to the position by members of their party in the House at the start of each new session

• coordinates counterarguments of the majority party’s agenda; leads opposition in partisan issue debates

• works to maintain the minority party’s role in the lawmaking process and maintain unity within their party

House whips

position exists in both parties; selected by members of their party, not the House as a whole

• regardless of party, their role is to encourage party unity and discipline; policy consensus

• most important role is vote counting; inform their respective party leaders the number of votes for, and against, a bill

Senate Majority Leader

the leader of the Senate and the majority party in the Senate

• manages the daily proceedings on the floor

• works with each Senate committee on legislation

• has priority recognition on the floor

• spokesperson for the Senate and their party

Senate Minority Leader

head of the minority party in the Senate

• works with the Senate Majority Leader on members’ committee assignments and Senate legislation

vice president

serves as president of the Senate; only role is to break ties on votes regarding legislation on appointments

standing committees

permanent committees organized around specific policy areas (ex: agriculture, education, taxation); both chambers have their own set of standing committees; current session: House-20, Senate-16

• members’ committee assignments reflect the state or districts they represent

• division of labor during the lawmaking process

• most have sub-committees tasked with specific policy topics

• House: committee assignment is decided mainly by the majority party’s leaders, particularly the Speaker

• Senate: majority and minority party leaders collaborate on Senate members’ assignments

legislative agenda

issues that members of Congress deem worthwhile for government action; prioritizing policy issues

• varies over time and influenced by partisan makeup of Congress, election cycle, current events, public demands, etc.

bill

a legislative proposal introduced by a member of Congress

• only a member of the House or Senate can introduce a bill

• proposed bills have a designation based on the chamber of origin and assigned a number (ex. H.R. 3810, S. 454)

• after a bill is introduced it is assigned to the standing committee (or committees) that have policy jurisdiction over the issue or issues addressed in the bill

select committees

temporary committees created for a specific purpose; conduct investigations, research a complex or controversial event or issue; most only last 2 years

• select committees do not produce legislation

• created to conduct congressional oversight hearings, address politically divisive issues, attract attention

joint committees

permanent committees composed of members from both chambers

• joint committees gather and report information to the other members; issue legislative recommendations but do not create legislation

• manage agencies within the legislative branch (GPO, CBO, Library of Congress, etc.)

committee chairs

head of congressional committees

• determines the order bills assigned to their respective committee are considered, schedules meetings

congressional research service (CRS)

conducts policy research and analysis for members of Congress

congressional budget office (CBO)

advises members on economic policy, reports estimations on budget proposals, potential effects to any changes in tax revenue or expenditures, and the cost of proposed or existing programs

government accountability office (GAO)

audits federal agencies’ budgets, investigates agencies’ budgets, investigates agencies’ efforts to implement policy; conducts policy evaluations; reports findings to Congress

committee hearing

if a committee determines a bill merits consideration it will hold a public hearing that features testimony from policy experts (gov’t agencies, academia, etc.)

• committee members then make changes to the bill based on the information gathered from the hearing (markup)

• after the committee agrees on any revisions that are made, it produces a summary report for all the members in their respective chamber to review before the bill goes to the floor for a vote

floor action

debate and voting on a bill in each chamber

• House: process decided by the House Rules Committee

• three rules regarding amendments: Open, Closed, or Restricted; amendments proposed must be germane

• Senate: process differs from the House, amendments do not have to be germane; omnibus legislation

filibuster

tactic used only in the Senate to prevent a bill from coming to a vote by holding the floor and talking until the majority withdraws the bill from consideration

cloture

motion to end a filibuster; requires a supermajority vote (60) to invoke

nuclear option

majority party’s change to Senate rules to prevent filibusters; allows a simple majority to pass certain types of bills or confirm presidential appointments

roll call vote

members’ publicly recorded votes in support or opposition to the passage of a bill

• once a bill passed in one chamber it is sent on to the other chamber for consideration (committee assignment, hearings, markup, floor debate)

conference committee

formed after a bill passes in both chambers

• conferees from both chambers negotiate compromises and take the revised draft back to their respective chambers

• if there is disagreement between the House and the Senate the bill returns to the Conference Committee

• if both chambers agree on the enrolled version it is sent to the president to sign into law

veto (regular veto)

presidential disapproval of the bill; returned the chamber of origin in Congress with a letter stating the president’s list of objections

pocket veto

bill automatically fails to become law when the president fails to sign a bill within 10 days and Congress has adjourned

• this type of veto is not subject to congressional override; must be re-introduced and start the process over again

president’s role in the lawmaking process

Article I, Sec. 7

• can sign the bill into law; a bill can also become law if the president does not sign it within 10 days while Congress is in session