Ap Gov Ultra Part 2

Setup of Federal Courts

District courts are the lowest in the federal court system. They are trial courts and the entry point for most legal proceedings in the federal court system. Districts in this case are groups of states, and each state has at least one district court. Circuit Courts of Appeals are the middle rank; they review decisions from lower courts (District courts) trying to pass the case to the Supreme Court. They can affirm (yea sounds right), vacate (erase; never happened; void), reverse (undo ruling but it still goes on record), or remand (send back) lower courts' rulings The Supreme Court, or SCOTUS, sets its own agenda and is the highest legal court in all the land. It has nine judges, or justices, and only hears out about 1-5% of the requests submitted to it. Its original jurisdiction is limited to cases affecting ambassadors and other public ministers/consuls and those including a state as a side/party of the case

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases, especially in appellate courts

Precedent

court decision that stands as an example to be followed in future, similar cases

Majority Opinion

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

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Organisation and Structure of White House Staff

a) everyone (Cabinet, EOP, W< House staff, independent agencies) reports to President individually b) Departments and agencies report to the W. House staff which reports to the President c) Ad Hoc. Need-to-know basis. Do your own thing, really.

Iron Triangle

The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests.

Judicial Activism

uses underlying concepts in the Constitution to make bold new policies as influenced by current conditions and values

Judicial Restraint

interpretation that reflects what the words of the Constitution literally say; judges are interpreters, not policy makers

Judicial branch relies on...

... the respect of the people and the other branches to have any effect. Thus, more controversial decisions are more likely to lose them that respect and decrease their influence and power

The Bureaucracy can...

... act as a rule-making authority.

Cabinet Departments

the 15 largest and most influential agencies of the federal bureaucracy
budgets determined by division of discretionary spending each has its own budget, staff, and policy area

Independant Regulatory Agencies

each responsible for some sector of the economy
make rules and judge disputes to protect public interest
headed by COMMISSIONS of 5-10 people
sometimes called the 4th branch of govt

Government Coorporations

Business-like (charge for services like private companies)
USPS

Independent Executive Agencies

agencies that don't fit anywhere else
NASA

Writing and enforcing regulations

control/change practices in private sector

power grant with direction

rules and guidelines

enforcing compliance

checking in with businesses

issuing fines to offenders who don't comply

rewarding those who do via incentives

Patronage

making appointments to office in return for political support

Civil Service

hiring government employees on the basis of merit and non-partisanship via entrance exams, promotion ratings, and qualifications to sort out the right people for the job

Implementing laws and policies

translating objectives of a policy into an operating, ongoing program

creating and assigning an agenda to the policytranslating policy into rules, enforcement policy, regulations

coordinating resources to achieve goals

can fail due to poor design, lack of manpower, funding, or clarity, and fragmentation of duty

Checks on the Bureaucracy

Congress: influence appointments of heads, oversight hearings, control over their budget, rewrite legislation to make clearer President: appointment of heads with similar ideology, executive orders, propose budget, reorganize (DHS from DoD), Bully Pulpit (public pressure agencies into doing what Pres wants), Veto

Why Congress gives bureaucratic discretion

lack of expertiselack of time (time consuming, more efficient)avoid blame for poor policy

Why the President may struggle to Control the Bureaucracy

political support from interest groupsthem and advisors lacking info/expertise that agencies/heads havemore loyalty to their departments than to their President (if they remain in admin during change of Pres)competition w/ Congress for influence over bureaucrac

Federalist 51

SEPARATION/CHECKS
"you must first enable the government to control the governed; and in the next place oblige it to control itself." argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single groupeach branch should have individual and equal power so that they can't meddle with each otherpower is divided among the branches, but then also between state and federal governmentsgoes even FURTHER by giving out specific powers to check and balance other branches

Federalist 78

JUDICIARY
says that judicial branch is the least dangerous branch, discusses the power of judicial review, and argues judiciary power comes from its solitude from other branches and the lifelong terms of its judges

Federalist 70

EXECUTIVE
having one head of executive ensures unity and effciency of govt; multiple would mean a divided govt with different opinions fighting itself and getting little to nothing donedurations, support, unity \= executive energy (activity; eagerness)

Constitution Article I

Establishes the Legislative BranchCreates the bicameral legislature: The Senate and the HouseEstablishes representation in the Senate and the HouseEstablishes how congressional elections will occur (determined by states but can be altered by Congress)Establishes the enumerated powers of Congress such as the power to declare war and coin money, regulate commerce, tax and spend, etc

Constitution Article II

Establishes the Executive BranchEstablishes the Office of the Presidency (term length NOT NUMBER OF TERMS, qualifications) and the election processEstablishes the terms for the removal of the president from officeEstablishes the enumerated powers of the presidency such as the power to grant pardons and the power to make treaties (with Congressional approval)

Constitution Article III

Establishes the Judicial BranchEstablishes the main function of the Judicial Branch which is to interpret and review lawsEstablishes the Jurisdiction of the CourtsAlso establishes a definition as to what qualifies as treason, its conviction, and its punishment

Amendment 12

President and Vice President run together

Amendment 20

Sets inauguration of new President to Jan 20 and beginning of new congressional sessions as Jan 3 to reduce lame duck period

Amendment 22

2-22
Limits a President to two terms (of four years) or 10 years

Amendment 25

Establishes procedures for succession to the presidency

Baker v Carr

ONE MAN, ONE VOTE\**** established
arguments based a lot on whether or not the court should be allowed to hear the case out (JUSTICIABLE)
The one saying "yes, you dolt!" used the
14TH AMENDMENT/EQUAL PROTECTION CLAUSE
"the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others" bg: Tenn hadn't for a long time redrawn districts, so fewer rural voters counted just as much as many urban voters
*lack of equal representation

Shaw v Reno

All about that PRECEDENT that is set that racial gerrymandering is unconstitutional for future, similar cases
also based on 14TH AMENDMENT'S EQUAL PROTECTION CLAUSE
Shaw argued that race shouldn't be a factor when redistricting while Reno said racial gerrymandering was helping and protecting minorities bg: NC must redraw districts because of a lack of black representatives - it was misrepresenting the actual population

Marbury v Madison

the ruling put in the hands of the Supreme Court the POWER of JUDICIAL REVIEW
based around the JURISDICTION CLAUSE; ARTICLE III
Main questions of the case: Does Marbury have a legal right to his commission? YesSo is this writ of mandamus the way to get that commission? YesOkay, so does the Supreme Court have the power to issue the writ for him?
NO because according TO THE CONSTITUTION, this case wasn't even in the Supreme Court's original jurisdiction and THUS the law saying that it is actually is UNCONSTITUTIONAL and ought to be ignored... bg: Marbury was supposed to be a midnight judge (a judge appointed by Adams to put federalists in judicial roles) but ends up suing Adams with a writ of mandamus (a writ basically telling a politician to do their friggin job) because he never got his commission (statement allowing him to actually start doing the job he was supposed to do)
He could do this and take his case to the Supreme Court thanks to the Judiciary Act of 1789, which gave the SC original jurisdiction over these kinds of cases

Structure of House of Representatives

435 Members, stricter floor debates, based on population of the state, two year terms

Structure of the Senate

100 members, equal representation of states, more relaxed/unlimited debate time, 6 year term (elections staggered every 2 years)

Powers only Senate has

Confirming formal Presidential nominations, ratifying treaties
(exceptions: House must approve VP appointments and foreign agreements involving trade)

Powers only the House has

Initiating revenue bills, (beginning the process of) impeachment, electing the president IF and only IF there is a tie in the Electoral College

Revenue Bill

a proposed law for raising money

Rules Committee

sets the terms (rules, time limit, etc.) of a bill debate on the House floor

Impeachment Articles/Articles of Impeachment

a documented statement which specifies the charges to be tried in an impeachment trial as a basis for removing an officeholder approved by a majority vote in the HOUSE officials can be charged for "Treason, Bribery, or other high Crimes and Misdemeanors (crimes against democracy and self-government)"

Filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate by the minority party

Cloture

A procedure for terminating debate, especially filibusters, in the Senate
ended with a vote of 60 senators wanting to end it

Presidential appointments approvals

The majority of the senate must approve presidential appointments

pork-barrel legislation

a type of earmark on omnibus legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return

Partisan Voting Model

Representative votes based on the values and influence of their political party

Delegate Voting Model

Representative votes to reflect the wants and needs, the will, of their constituents for example, may consult with the people they represent before voting

Trustee Voting Model

Representatives believe they're in trusted by their constituency to use their best judgment and personal beliefs regardless to vote on bills

Politico Voting Model

based on being a "true politician" and trying to please everyone
combination of three other models
\***applications

Amendment 10

reserved powers for the states - any that weren't taken already by the national government

Amendment 14

all citizens are guaranteed equal protection under the law, all citizens being everyone born in the US or gone through the naturalization process

Mandatory Spending

spending on certain programs that is mandated, or required, by existing law Medicare, Social Security

Discretionary Spending

federal spending on programs that are controlled through the regular budget process, on which Congress is free to make choices Department and other agencies funding funding, transportation, education, housing, and social service (various) programssubject to the appropriations process

Checks on the Legislative

Executive: Vetoing bills, adjourning Congress (rare occasions)
Judicial: Declaring legislation unconstitutional

Enumerated (Expressed) Powers

written and specifically given to the federal government in the Constitution

Delegated Powers

subset of enumerated powers; granted to agencies/executive to facilitate duties

Implied Powers

based on open interpretation
\***necessary and proper clause

Concurrent Powers

shared by federal and state governments

Reserved Powers

powers reserved for only the state to use

Checks on the Executive

Legislative: can reject appointments and treaties, withhold funding for presidential initiatives or agencies, impeach, override a veto with a super-majority
Judicial: can declare executive actions unconstitutional

Checks on the Judicial

Legislative: can propose amendments to override rulings, impeach, reject appointments
Executive: appoints judges

Formal Presidential Powers

Veto Pocket Veto
Commander-in-Chief
Executive Orders

INformal Presidential Powers

Executive Agreements
Signing statements
Interpreting laws passed by Congress

Signing statement

a statement made by the President after they sign a bill into law with their commentary on it; what they deem unconstitutional, how they interpret it and will administer it, generally their objections and provisions about what they just signed

Executive Agreements

international agreements entered into or created by the president that do not require the advice and consent of the U.S. Senate.

Commander in Chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service by this, the President wages war and controls/deploys troops, authorizes covert operations, has military advisors report to him, and provides for/protects the domestic order (calls on the national guard in affected areas)they are responsible for the safety and security of the people

Other Formal Powers

State of Union Address
Calling up Special Sessions of Congress
Executive Privilege
Take Care Clause
Presidential Appointments (need Senate approval; dept and independent regulatory agency heads, justices/federal judiciaries, ambassadors, U.S marshals and attorneys)

Executive Privilege

The power to keep executive communications confidential, especially if they relate to national security.

Take Care Clause

The constitutional basis for inherent powers, which states that the president "shall take Care that the Laws be faithfully executed."

Other Informal Powers

Executive Appointments (not approved by Congress; W. House Staff, EOP generally)
Proposing the Federal Budget
Bully Pulpit
Crisis Manager

Crisis Manager

role of the President in which he addresses sudden needs in response to disasters.

Executive Office of the President (EOP)

Office of Management and Budget (OMB), Council of Economic Advisors, National Security Council
The policy advisors and experts who directly report to and serve at the pleasure of the President

Presidential Communications

the president can use Social Media and technology to reach the public at their leisure (Bully Pulpit)
The State of the Union address, which talks about international affairs each year, is always televised during the prime time
In these ways, a President can build support and put pressure on Congress for their agenda

How can ideology of the Court change decisions/precedent over time?

Judges generally try to follow past judgments made on similar situations, however this posses issues because of how society has changed over time. If a supreme court is very republican or democratic is can be reflected in if they use judicial restraint or judicial activism in their interpretation of previous cases.
Changes in SCOTUS ideology can have long-term effects in the SCOTUS (overturning rulings due to appointments of judges with different ideologies)

Setup of Federal Courts

District courts are the lowest in the federal court system. They are trial courts and the entry point for most legal proceedings in the federal court system. Districts in this case are groups of states, and each state has at least one district court. Circuit Courts of Appeals are the middle rank; they review decisions from lower courts (District courts) trying to pass the case to the Supreme Court. They can affirm (yea sounds right), vacate (erase; never happened; void), reverse (undo ruling but it still goes on record), or remand (send back) lower courts' rulings The Supreme Court, or SCOTUS, sets its own agenda and is the highest legal court in all the land. It has nine judges, or justices, and only hears out about 1-5% of the requests submitted to it. Its original jurisdiction is limited to cases affecting ambassadors and other public ministers/consuls and those including a state as a side/party of the case

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases, especially in appellate courts

Precedent

court decision that stands as an example to be followed in future, similar cases

Majority Opinion

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

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Organisation and Structure of White House Staff

a) everyone (Cabinet, EOP, W< House staff, independent agencies) reports to President individually b) Departments and agencies report to the W. House staff which reports to the President c) Ad Hoc. Need-to-know basis. Do your own thing, really.

Iron Triangle

The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests.

Judicial Activism

uses underlying concepts in the Constitution to make bold new policies as influenced by current conditions and values

Judicial Restraint

interpretation that reflects what the words of the Constitution literally say; judges are interpreters, not policy makers

Judicial branch relies on...

... the respect of the people and the other branches to have any effect. Thus, more controversial decisions are more likely to lose them that respect and decrease their influence and power

The Bureaucracy can...

... act as a rule-making authority.

Cabinet Departments

the 15 largest and most influential agencies of the federal bureaucracy
budgets determined by division of discretionary spending each has its own budget, staff, and policy area

Independant Regulatory Agencies

each responsible for some sector of the economy
make rules and judge disputes to protect public interest
headed by COMMISSIONS of 5-10 people
sometimes called the 4th branch of govt

Government Coorporations

Business-like (charge for services like private companies)
USPS

Independent Executive Agencies

agencies that don't fit anywhere else
NASA

Writing and enforcing regulations

control/change practices in private sector

power grant with direction

rules and guidelines

enforcing compliance

checking in with businesses

issuing fines to offenders who don't comply

rewarding those who do via incentives

Patronage

making appointments to office in return for political support

Civil Service

hiring government employees on the basis of merit and non-partisanship via entrance exams, promotion ratings, and qualifications to sort out the right people for the job

Implementing laws and policies

translating objectives of a policy into an operating, ongoing program

creating and assigning an agenda to the policytranslating policy into rules, enforcement policy, regulations

coordinating resources to achieve goals

can fail due to poor design, lack of manpower, funding, or clarity, and fragmentation of duty

Checks on the Bureaucracy

Congress: influence appointments of heads, oversight hearings, control over their budget, rewrite legislation to make clearer President: appointment of heads with similar ideology, executive orders, propose budget, reorganize (DHS from DoD), Bully Pulpit (public pressure agencies into doing what Pres wants), Veto

Why Congress gives bureaucratic discretion

lack of expertiselack of time (time consuming, more efficient)avoid blame for poor policy

Why the President may struggle to Control the Bureaucracy

political support from interest groupsthem and advisors lacking info/expertise that agencies/heads havemore loyalty to their departments than to their President (if they remain in admin during change of Pres)competition w/ Congress for influence over bureaucrac

Engel v Vitale

State-sponsored school prayer which was REQUIRED by the state for public schools in NY, which students could only opt out of with parental permission based around the ESTABLISHMENT CLAUSE of the 1ST AMENDMENT Engel said this was unconstitutional Vitale said the clause applied only to the federal govt Court decided that, due to the Equal Protection Clause of the 14th Amendment, this did apply to states Important because… precedentprevented schools from promoting religionselective incorporationtipped the balance towards LIBERTY