Unit 4 Study Guide (Branches of Government, Civil Liberties and Civil Rights)

Gerrymandering

Redrawing a congressional district to intentionally benefit one political party.

Cracking and packing come together to form gerrymandering

Cracking

the practice of drawing electoral districts that divide the population of a community or constituency across several districts. In doing so, the influence of the community or constituency may be reduced, preventing the group from forming a voting block within any single district sufficient to elect the group's preferred candidates

Packing

the practice of drawing electoral districts to consolidate the population of a community or constituency into a small number of districts. By concentrating the population of a group within a small number of districts, its influence can be minimized in other districts

Majority Minority Districts

districts where a majority of the people are a minority group

allowed under Reno v. Shaw

When is Gerrymandering unconstitutional?

when it is malapportionment or if it is to dilute a minority vote (hard to prove)

Reapportionment

the process of dividing seats for the House among the 50 states following the decennial census

What kind of legislature do we have?

bicameral (two-house) legislature

The differences between the House and the Senate

House:

Members chosen from local districts

Two-year term

Originally elected by voters

Impeaches/Indicts federal officers

435 members

Originates bills for raising revenues

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Senate:

Members chosen from an entire state

Six-year term

Originally (until 1913, with 17th Amendment) elected by state legislatures

May convict federal officers of impeachable offenses

100 members

Consent to presidential appointments and treaties

Speaker of the House

the presiding officer and most powerful member of the house.

Duties include assigning bills to committee, controlling floor debate, and appointing party members to committee

elected by a majority vote in the House

Majority Leader of the House

elected by a majority of the House majority party to foster cohesion among party members and to act as a spokesperson for the party. The majority leader influences the scheduling of debate and generally acts as chief supporter of the speaker.

Minority Leader of the House

elected by a majority of the House minority party. Their duties are the same as the Majority leader. They speak on behalf of the president if the minority party controls the White House.

Majority/Minority Whip of the House

assistants to the majority and minority leaders. They assist the party leaders by ensuring that members show up for floor debate and cast their votes on important issues. Whips conduct polls among party members about the member’s views on major pieces of legislation, inform the leaders about whose vote is doubtful and whose is certain, and may exert pressure on members to support the leaders’ position

Vice President of the United States

president of the Senate, only votes to break a tie on a Senate bill.

President Pro Tempore of the Senate

official chair of the Senate, presides over the Senate in the absence of the vice president, primarily awarded to the most senior senator of the majority party

Majority/Minority Leader of the Senate

real leadership power in the Senate rests in their hands. They have the right to be recognized first in debate, control the scheduling of debate, and influence the assignments of Senate members

Majority/Minority Whip of the Senate

Member of majority/minority party in the Senate that “whips” members of their party into line on partisan issues

What are the roles of Committees in Congress?

a way to specialize or divide the legislative labor because no member can be adequately informed on every issue

What does the Ways and Means Committee do?

collects taxes

What does the House Rules Committee do?

acts as a “traffic stop” for House bills

Pork/Pork Barrel

the use of government funds for projects designed to please voters or legislators and win votes

How might “pork” aid the district of a member of Congress?

pork brings physical benefits (like infrastructure and jobs) to the district of a member of Congress

Appropriations

A provision of funds for federal agencies to make payments out of the Treasury for specified purposes

Giving federal money to various federal agencies (and how much is given to each)

Which Presidents have been impeached?

Andrew Johnson in 1868, William Jefferson (Bill) Clinton in 1998, and Donald J. Trump in 2019 and 2021

Logrolling

When one member of Congress supports another member’s bill, in exchange for the same courtesy to be extended their way at that time or in the future.

often looked at through a bipartisan lens, with Republicans supporting Democratic bills and vice versa.

Unified Government

the House, Senate, and President are all of the same party

Divided Government

at least one of House, Senate, and President are of different party than the others

Apportionment

the determination of the proportional number of members each US state sends to the House of Representatives, based on population figures

Trustee

A lawmaker who listens to their constituents, weighs their beliefs, and ultimately uses their own judgment as they vote.

Delegate

a representative who votes the way his or her constituents would want, regardless of personal opinions

Politico

an elected representative who acts as a trustee or as a delegate, depending on the issue

Incumbent

a government official who currently holds office. They have the incumbency

Redistricting

the process of redrawing district lines, based on the census taken each decade

Caucus

informal, but often organized, groups of representatives that specialize in a certain issue or area

Bill

a proposed law; a bill does not become law until passed by legislature (Senate and House) and usually the President

Standing Committee

Committee to which proposed bills are referred; continues from one Congress to the next

Joint Committee

Standing committee that includes members from both houses of Congress set up to conduct investigations or special studies.

Conference Committee

special committee that resolves differences in legislation between House and Senate; usually includes committee chairs/ chamber leadership

THINK IRON

Select (or Special) Committee

temporary committees formed to address a specific issue. These committees can be very partisan.

example: Special Committee to investigate the Jan. 6th attack

Discharge Petition

A petition signed by the majority (218) of the House of Representatives that gives them the authority to force a bill out of a House Committee if it is being stalled within the Committee.

Chairman (of a Congressional Committee)

leads a committee by setting the agenda for committee meetings, hearings, and markups, and chooses which bills or issues the committee will focus on. A committee chair can effectively kill a bill by not scheduling hearings on it.

Ranking Member

the most senior member of a congressional or state legislative committee from the minority party

switches places with the chairman of a committee when the House/Senate flips parties

Filibuster

Delaying or preventing a vote on a bill, amendment, etc by making a long speech in the Senate

Cloture

Mechanism requiring the vote of 60 senators to cut off debate

Sixty senators signing a motion for cloture is the only way to end a filibuster

Veto

constitutional power of the president to send a bill back to congress with reason for rejecting it. A two-thirds vote in each house can override a veto

Pocket Veto

A veto taking place when congress adjourns within 10 days of having submitted a bill to the president, who simply lets it die by neither signing nor vetoing it.

Markup (of a Bill)

Markup is the process by which a U.S. congressional committee or state legislative session debates, amends, and rewrites proposed legislation

Senatorial Courtesy

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state

War Powers Resolution

passed in 1973 over Nixon’s veto, limits the president in the deployment of troops overseas to a 60 day period in peacetime (which can be extended for an extra 30 days to permit withdrawal) unless Congress explicitly gives its approval for a longer period

22nd Amendment

2 term limit on the POTUS

25th Amendment

VP becomes President if the POTUS dies or resigns

Differentiate between White House staff and the Cabinet

the Cabinet is subject to Congressional approval and is made up of experts in the field

White House staff are more partisan, and usually younger

Roles of the President

Commander in Chief, Make treaties, Appoint ambassadors, give the State of the Union address, convene special sessions of Congress, and take care that the laws be executed

Roles of the Vice President

succeed to the presidency and preside over the senate

nowadays, they also serve as principal advisors to the president

Reasons for typically choosing a Vice President / running mate

geography, ideological balance, doubling down, complimentary choice, diversity, doing the heavy lifting, running alone, hail mary

Impeachment of the President of the United States

the House of Representatives must pass, by simple majority, articles of impeachment

then, the Senate tries the case of impeachment (⅔ majority required)

Role of the House

has the sole power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie

Role of the Senate

has the sole power to confirm those of the President’s appointments that require consent, try impeachment cases, and to provide advice and consent to ratify treaties

Role of the Judiciary

decides the constitutionality of federal laws and resolves other disputes about federal laws

Executive Order

A rule or regulation issued by the president that has the effect of law

Executive Agreement

an international agreement made by the president, without senatorial ratification, with the head of a foreign state.

Executive Privilege

The right of the executive officials to refuse to appear before, or to withhold information from, a legislative committee

The State of the Union Address

annual speech delivered by the president in late January or early February to report on the current condition of the United States and provide policy proposals for the upcoming legislative year.

What does the bureaucracy do?

They carry out laws, do routine administrative work, issue rules and regulations that impact the public

What types of organizations make up the federal bureaucracy?

Cabinet departments, Independent executive agencies, independent regulatory agencies, and government corporations

The Hatch Act of 1939

The Hatch Act limits the political activities of federal employees, to ensure that federal programs are administered in a nonpartisan fashion—including the use of federal property for campaign events.

The Pendleton Act of 1883

The Pendleton Civil Service Reform Act provided for selection of some government employees by competitive exams rather than ties to politicians, and made it illegal to fire or demote some government officials for political reasons.

merit system

the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections. Opposite of the spoils system.

What is the Iron Triangle

a concept of how committees in the House and Senate, federal departments and agencies, and think tanks and interest groups all work together to develop and conserve their own power, and expand their political influence

How does each branch check the others?

Executive: Vetoes Bills, Appoints Judges, and has Pardon Power

Judicial: Declare laws and presidential acts unconstitutional

Legislative: Impeachment power, override vetoes (with 2/3 vote), and approves federal judges

Why did the founders give these checks?

to prevent a monarchy

writ of certiorari

formal request by an appellant to have the Supreme Court review a decision of a lower court

stare decisis

The doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled

Rule of Four

4 of the 9 Supreme Court justices must vote to grant a Writ of Certiorari

Precedents

prior cases whose principles are used by judges as the bases for their decisions in present cases

amicus curiae brief

a short legal document submitted by a person or group who is not a party to the litigation to raise additional POVs and present information to influence the court’s decision

amicus curiae → “friend of the court”

judicial activism

judicial ruling that is suspected to be based off of personal opinion rather than the law

broad construction

a loose or flexible interpretation of the Constitution which can affect court decisions

judicial restraint

theory of constitutional interpretation which discourages judges from going beyond the text of the Constitution when interpreting its meaning

“original intent”

the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers

unanimous opinion

a written opinion in which all 9 justices agree

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

concurring opinion

A signed opinion that agrees with the majority's view of the case but is written to express a particular judge's reasoning.

dissenting opinion

A signed opinion in which one or more justices disagree with the majority view of the case.

The process for appointing a Supreme Court justice

The President nominates justices and then the Senate confirms them with a simple majority

the questioning process can often be very invasive

Supreme Court’s current liberal block of justices

Sonia Sotomayor, Elena Kegan, Ketanji Brown Jackson

Supreme Court’s current conservative block of justices

Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, John Roberts, Samuel Alito

Civil Liberties

basic rights and freedoms that are guaranteed — either explicitly identified in the Bill of Rights (especially the 1st Amendment) and the Constitution, or interpreted or inferred through the years by legislatures or the courts

Civil Rights

the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment, education, housing, and access to public facilities. A civil rights violation occurs in designated situations where an individual is discriminated against on the basis of a protected characteristic

14th Amendment

(1868) one of the Reconstruction amendments; no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

15th Amendment

(1870) one of the Reconstruction amendments; the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

19th Amendment

(1920) granted women the right to vote

Civil Rights Act of 1964

prohibits discrimination on the basis of race, color, religion, sex or national origin

Voting Rights Act of 1965

prohibits racial discrimination in voting

Plessy v. Ferguson

(1896) racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality

“separate but equal”

Brown v. Board of Education

(1954) U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality

overturned Plessy, saying “separate is inherently unequal”

Tinker v. Des Moines

(1969) for school officials to justify censoring speech, they must show that the conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school”

Roe v. Wade

(1973) women in the United States had a fundamental right to choose whether to have abortions without excessive government restriction

based on inferred “zone of privacy”

overturned by Dobbs v. Jackson

Citizens United v. Federal Elections Commission

(2010) Supreme Court case that said money is a form of speech and opened the door for PACs and Super PACs

argued that the limitations put upon corporations to run political advertisements and communications were not materially different from government censorship of speech toward individuals

Obergefell v. Hodges

(2015) ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the 14th Amendment

“Don’t Ask, Don’t Tell”

1994-2011 policy that prohibited military personnel from discriminating against or harassing closeted non-heterosexuals while barring openly non-heterosexuals from military service