Untitled Flashcards Set

Legend

Content - 11 pt, normal

subtopic - 11pt, bold

Topic - 14pt, bold

Subject - 16pt, bold

Terms

Naturalization - The process of becoming a U.S citizen. 

Constituents - Constituents are the people in a district represented by Congress

Bill - Bills are potential laws

Incumbent - The person currently holding office. Ex: Joe Biden is the current president. 

Speaker of the House - Leader of the majority party who recognizes who gets to speak and organize committees. They have a lot of authority. 

Majority and minority leaders - They guide discussion from their side of the aisle and are the first one to speak. They are the spokesperson for their party and appear on news and media. 

Whip - A party disciplinarian who disciplines weak and flaky party members and brings the party into line.

The house judiciary committee - Determines the laws and punishments as well as impeachment charges. 

Standing Committee - A standing committee is a permanent one that focuses on major problems.

Joint Committee - A joint committee has members from the House and Senate and both address long term issues.

Select Committee - A select/special committee is a temporary committee that focuses on a current issue. For example, 9/11 or Covid. 

Conference Committee - A conference committee is when people from the house and senate discuss conflicts within their bills and work to resolve the issue. 

Liaison - Works for president but works together with other groups or organizations. 

Cloture - This is when at least 60 senators vote to end a filibuster, then senators are only allowed to speak for up to one hour on the bill. 

Unanimous consent - This is the approval of all senators.

Hold - This is a measure used to stall a bill. 

Riders - Nongermane or irrelevant amendments that are added to bills for a certain party or individual's favor. This typically causes the legislation to get sidetracked or ruined. 

Medicare - Healthcare from the government, as well as social security.

Medicaid - You have to meet certain requirements in order to receive it.

Deficit spending - This refers to the government taking out loans to pay for something if the budget is too low in order to pay for it. 

Mandatory spending - Mandatory spending is what the government has to fund every year no matter what. For example, social security, Medicare, Medicaid, unemployment, insurance, etc. 

Discretionary spending - This is the spending of the remaining funds leftover from mandatory spending. Congressional members compete for 38% of the remaining money in order to fund projects. 

Judicial minimalism - This means when the court hears fewer cases and takes their time with each case. 

Certiorari, the concept of rehearing a case. 

Rule of 4: 4 of the 9 justices have to agree to accept a case. Only 4 of the members out of the 9 justices have to agree in order to accept a case.

Majority opinion: This is a reflection of the court's ruling and rationale which is written by the chief justice or the assigned someone. 

Concurring opinion: Agreement with the court decision but for different reasons

DIssenting opinion: Judges who vote against decision explain views of the law 

Amicus Curiae - Friend of the court

 Editorials - These were opinionated articles that explain the publications view. They had opposing editorials which were opposing viewpoints from the publication to create balance. Died in 1987, fairness doctrine gone.

10th amendment

Power is reserved to state

11th amendment

1795

The judicial power of the US shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the US by citizens of another state, or citizens or subjects of any foreign states.

A person cannot sue a state without a state's permission.

To combat frivolous lawsuits.

12th amendment 

1804

Made so that the president and vice president run on the same ticket. 

Reconstruction amendments

13th amendment

1865

Abolishment of slavery and involuntary servitude except as a punishment.

14th amendment

Most important amendment - 1868

Guarantees citizenship to all people born or naturalized in the U.S 

States cannot infringe on the freedom of citizens. 

15th amendment

Voting Rights for African American men. (Not women because it's not progressive Era yet.)

Unit 2: branches of government

Federal legislative branch 

The USA’s bicameral congress (great compromise) is made up of the house of representatives and the senate with 535 elected members with 30,000 support staff.

Lower house is House of Representatives

Upper house is Senate

Meant to reflect the people and elite views of the government. 

Congress is the most democratic and policy making of the 3 branches. 

Congress

Senators are protected from public opinion due to their 6 year terms. They have more responsibility than the house and are seen as having a more diverse constituency. 

The house is supposed to be in tune with the public. House members are elected all at the same time. 

Laws have to pass both houses of Congress which is a check and balance. 

Unique powers of the house

The House can originate tax bills and they can bring charges of impeachment, break ties for the president in the Electoral College, and the Rules committee controls the agenda. There is limited debate time and the Speaker is in charge. There is a primary focus on revenue and spending. 

Unique powers of the Senate

The senate provides advice and consent on treaties and presidential appointments. The president gets to pick who they want to be on SCOTUS, but then the Senate provides advice and consent for the person and whether or not they can be on the court. 

The senate also handles impeachment trials and they have the power to ratify treaties with ⅔ vote.

Committees are not as powerful and there are looser debate rules and a focus on foreign policy. The majority leader is most powerful. 

Constitutionally, Vice president has power on senate 

Constituents

Constituents are the people in a district represented by Congress. The Reapportionment Act of 1929 requires that states go back and update districts based on the census. Gerrymandering is when the congressional districts are drawn to favor a group. 

All states grow every 10 years. If another state grows quicker, they get more seats.

Senate

Only ⅓ of the senate is up to election every 2 years.The senators' oldness allows them to temper new ideas from the House. Re-election rate for senators is 90%. 

Bills

Bills are potential laws. 

Bills can originate in either house, except for revenue and tax bills which only spawn in the House. 

To pass, a bill must make it through both houses and be signed by the President. 

Caucuses

A group of like minded people who gather to elect leaders, appoint agendas, and organize around interests. They are not officially part of the law making process, but work to unite each party. Coalitions are groups of people that consistently vote the same way. 

Warmup 9/26/24

What is the purpose of a Caucus?

They are a group of people with the same interests who work to elect leaders, appoint agendas, and organize around interests. They work to unite each political party despite not being officially a part of the law making process.

What is an incumbent?

The person currently holding office. Ex: Joe Biden is the current president. 

How does a bill become a law

First the bill is drafted. (A bill is the potential law, and an act and law are the same thing)

Then the bill is introduced in either the House or the Senate (except tax bills, which have to start in the House)

The bill then goes to committee and subcommittee. 

The bill is marked up which then goes back to the floor (where they speak) for full chamber vote. 

To pass a house vote, you just need to have 50% of the vote for it to go to the senate. 

If it passes, then it goes to the president where it will be decided whether or not it should be vetoed or passed. 

The enumerated powers of congress in Article 1, section 8

The power of the purse is the power to raise revenue or tax. This is congress’ biggest power.

 Where all money is kept is called the treasury. No money can be drawn from the treasury except with the approval of congress. 

The House and Senate both have a budget committee, and congress can also coin money. 

Foreign and Military affairs

Congress has the power to mandate drafts, raise armies, enact conscription, and declare a war. They can also determine the military budget which can determine where bases are as well as open bases, close bases, and also decide military pay. 

Congress does not have the power to send troops or receive ambassadors. 

The president is who gets to send troops. 

Term: Naturalization - The process of becoming a U.S citizen. 

Congress can also create Federal Courts and their Jurisdiction. (Not SCOTUS)

War powers act of 1973

This law requires the president to tell congress that they're gonna deploy troops within 48 hours of doing so. Congress has up to 60 days to approve deployment of troops, which allows the commander in chief to act quickly in order to defend America while still having power checked by Congress.

Makeup of Congress

Article 1 of the Constitution mentions who is in charge and who has authority in Congress. There are 435 people in the House.

The constitution mentions the role of the speaker in the house, The President of the Senate, or Vice President, and the President Pro Tempore (Who is the leader of the senate when the Vice President is unavailable.)

At the beginning of each congressional term, the four party caucuses meet together to determine who gets leadership positions. 

The four party caucuses include The democrats and Republicans within the House and also within the Senate, resulting in four different parties. 

Leadership in the House

The public vote for leadership takes place when congress begins and works like a party-line vote which means that you must conform to a specific way that is consistent with the other candidates and overall rule. Leaders oversee agendas, form committees, etc. 

Speaker of the House - Leader of the majority party who recognizes who gets to speak and organize committees. They have a lot of authority.

Majority and minority leaders - They guide discussion from their side of the aisle and are the first one to speak. They are the spokesperson for their party and appear on news and media. 

Whips

Below leaders are whips who are the party disciplinarian. They are meant to tally the votes for legislation and determine when it is the best time to vote. The whips are meant to discipline the weak and flaky party members and bring the party into line. Both majority and minority parties have Whips.

Senate Leadership

If the VP is not there, the President Pro Tempore is given to seniors/eldest members of the majority party. PPT also takes over if the vice president dies. They are just there ceremonially. 

The senate majority leader is who has the most power and who gets to speak during the debate as well as organize committees. Senators are more often to walk across “the aisle.” The whips for the senate exist in order to stop this. 

Committees 

Committees exist in order for smaller groups to be able to resolve quicker than the whole government. 

They also give lawmakers the ability to specialize in or use their field of expertise. 

The permanent committees include finance, defense, judiciary, and foreign relations. 

Standing Committees

A standing committee is a permanent committee that is focused on one issue. There will always be a committee wherever there is a long-lasting problem. (Infrastructure, transportation, etc.)

The chairperson/chairman is the leader of a respective committee and committees are divided in a way where the controlling party has the majority because 

Advice and Consent in the Senate

One of the unique powers of the senate as well as ratify treaties.

The president can appoint judges for any federal court. The advice and consent committee must recommend for the judges vote to go to the senate floor.

The house judiciary committee determines the laws and punishments as well as impeachment charges. 

Warmup 9/30/24

Define Congress - US bicameral system with 535 elected members with the lower house being the House of Representatives and upper house being the Senate. Senators have 6 year terms and are protected from public opinion. 

Laws have to pass both the upper house and lower house which is a check and balance. 

What unique powers does the house have?

They have the ability to bring impeachment charges, originate tax bills, and break electoral ties for the president.

What unique powers does the senate have?

They have the ability to give advice and consent to the presidential appointments as well as treaties. 

Incumbent - person currently in office. Ex: Biden 

Naturalization is the process of becoming a US citizen. 

Majority and minority leaders during the public vote for leadership when congress begins a party-line vote to elect a leader. The speaker of the house is the leader of the majority party and they have a lot of authority.

The minority leaders guide their discussion from the side aisle and are the first to speak. They are also the spokesperson for their party. 

Warmup 10/01/24

How does Congress determine leadership?

The four party caucasus meet together to determine who gets leadership

Congress makes a party-line vote with a majority and minority party, with the Speaker of the House being the leader of the majority party. They have a lot of authority. The majority and minority leaders guide discussion 

House Committees

The House ways and means committee handles taxes. This Committee is exclusive to the house. The senate Appropriations Committee also deals with the budget

Other Committees 

Democrats have a Steering and Policy committee which is used to assign people to committees. Republicans also have a committee similar to the same purpose. Ultimately, each house votes on the house's committee membership. 

Committees also are constitutionally original. This is a change that developed over time as new issues have emerged.

Types of Committees

A standing committee is a permanent one that focuses on major problems.

A joint committee has members from the House and Senate and both address long term issues.

A select/special committee is a temporary committee that focuses on a current issue. For example, 9/11 or Covid. 

A conference committee is when people from the house and senate discuss conflicts within their bills and work to resolve the issue. 

Congressional oversight 

This is when congress gets to oversee congressional agencies. If there is ever an issue or scandal, there are directors who are called to testify and make sure the agency is operating how it is supposed to. This isn’t always a bad thing, it can just concern funding or just be a general check in. 

Committee Rules for the House

Members are not allowed to speak for more than an hour. Members can also offer relevant amendments which are directly related to the bill. These must be approved by the committee who is overseeing the bill. 

House Rules Committee

They have the ability to manipulate the guidelines for debate and can also dispose of a bill. Nothing reaches the floor without House Rules Committee approval. This typically demonstrates the wishes of leadership. 

The committee also decides when the vote will be held, schedules when votes will be cast, and also appoints people to the committee. 

Committee of the Whole

This is more of a chill committee where you are not exactly required to show up. This is a state of operation where House rules are relaxed and this committee allows for longer debate among fewer people in order to quickly resolve something. Members can also vote as a group. However, at least 100 members should be present and when the bill is set, that’s when they take it to the House floor. 

Warmup 10/02/24

What is the Committee of the Whole?

This is a committee in which it only needs 100 representatives of Congress to meet but you are not exactly required to show up. At Least 100 members should be present when the bill is set. This allows for longer debate time among fewer people in order to quickly resolve something. Members can also vote as a group. 

What is the House Judiciary Committee?

A committee that determines laws and punishments, as well as impeachment charges. 

What is the House Ways and Means Committee?

A committee dedicated to handling taxes. It is exclusive to the House. 

What is the German Amendment? 

Germane amendment is something that is directly related to a bill. 

Discharge Petition

A discharge petition is a petition that is signed by at least 218 members of the house in order to bring out a “reluctant” bill which prevents the minority from killing it and allowing the majority to vote. 

Senate terms

In the senate, there is no limit to how long you can speak. A filibuster is a tool used when a senator wants a bill to be delayed or killed. It is when you just talk and talk. 

Cloture - This is when at least 60 senators vote to end a filibuster, then senators are only allowed to speak for up to one hour on the bill. 

Unanimous consent - This is the approval of all senators.

Hold - This is a measure used to stall a bill. 

Cloture is related to filibuster in which a cloture is a vote by at least 60 senators in order to stop a senator from filibustering. Filibustering in itself is when a senator keeps talking in order to kill or delay a bill. 

Bills

Bills are what become laws and they have sponsors. If you are a sponsor you are either the one who wrote it or introduced it. Most bills are written by interest groups or white house liaisons. 

Liaison - Works for president but works together with other groups or organizations. 

Riders

These are irrelevant (non-germane) amendments to bills that are often added for a certain individual or party's gain. This typically causes the legislation to be sidetracked or ruined according to some representatives. 

Omnibus bills

This is a bill that is often considered a christmas tree bill due to the fact it addresses multiple aspects of the law/has many attachments and riders on it. It usually has many attachments/gifts for a representative. 

Pork-Barrel spending

This is when a legislator adds a last-minute add on in order to avoid debate on a bill. These funds are marked in order to benefit a certain legislator's district. 

Complications within voting

Legislators like to be petty and vote in order to benefit someone else, hurt somebody, or because they are scared or careless. This can cause gridlock

Gridlock - When there is no motion. 

Logrolling - When a lot of bills are stacked on each other and then passed. This leads to trading votes. 

Budget

The Office of Management and Budget is a sort of a committee that has the ability to override to make budget changes as long as they have the consent of both houses with little debate. This can be used once a year.

The head of OMB determines the president's goals, needs of the nation, all current federal programs, debts, etc.  

Mandatory and Discretionary spending

Mandatory spending is what the government has to fund every year no matter what. For example, social security, Medicare, Medicaid, unemployment, insurance, etc. 

Medicare - Healthcare from the government, as well as social security.

Medicaid - You have to meet certain requirements in order to receive it. 

Out of the 4.4 trillion in the 2019 budget for the government, 2.7 went to these programs in order to fund them.

Deficit spending - This refers to the government taking out loans to pay for something if the budget is too low in order to pay for it. 

Discretionary spending

This is the spending of the remaining funds leftover from mandatory spending. Congressional members compete for 38% of the remaining money in order to fund projects. 

Conservatives cut funding and reform existing government programs in order to free up money. 

Liberals tax the rich in order to cover costs. 

Warmup 10/07/24

What is an example of Mandatory spending?

An example of mandatory spending would be social security or medicaid, which the government has to fund every year no matter what.

An example of discretionary spending would be conservatives cutting funding in existing government programs in order to free up money as well as education. This is when the government has to use their judgment or choose to fund it. 

Logrolling is when a legislator stacks on more bills to a pre-existing bill. 

Voting models

This is how the people in Congress vote. 

A delegate voting model is representative. This is when you vote for and represent your constituent. 

A trustee voting model is when the congressperson believes they were elected to make judgment calls regardless of why they got elected.

A politico voting model is a blend of the two models prior. They take the opinion of the constituent into consideration, but still make their own judgment.

Gerrymandering

This is when state legislatures draw the boundaries for congressional districts. This is when you illogically draw the boundaries, dividing up house districts to favor parties and guarantee safe seats/advantages. 

Safe seats - Districts where a party wins 55% of the vote. 

Baker v. carr

Tennessee had not redrawn its districts in a long time. 

Constitutional principle - 14th amendment equal protection clause

Decision - issues of reapportionment were justiciable. In this case,  the supreme court says they do have the right to draw the boundary lines. 

Why does it matter? Because it established the one person, one vote doctrine which states required to apportion their representatives in a way that equally represented all the people so no votes counted more than any other vote. 

Shaw v. Reno 

This was a court case about racial gerrymandering. 

Scene - NC did not have any black representatives. In 1990, NC drew districts in order to have black representatives. However, the supreme court said no to racial gerrymandering. 

This case is also about the equal protection clause. The clause was violated because by putting one race over another and focusing the boundary lines in order to favor the one group, it erases equality. 

The constitution is forced to adapt a colorblind interpretation. 

The decision was that racial gerrymandering is not acceptable to do, due to the possibility that nothing is stopping a majority racial group from doing the same in order to favor themselves. This enforces the colorblind interpretation. 

Divided Govt and Lame Duck President

Divided government is when one government party/division is greater than the other. Either the House or Senate is a majority of the other party. 

Lame duck president - When a president is on the way out and doesn’t really have any commandment or any intimidation factor. 

2.4 (This refers to the Heimler History series video number.)

When presidents take office, they have a policy agenda in which they have a set of issues that are significant to the people who are involved in policy making. Their agenda is what they aim to accomplish as president.

Presidential power has been increasing and they have been more powerful than ever before. This started increasing during the 20th century. 

Requirements and roles as president

In congress, you do not have to be born in the U.S to be a congressperson. However, you have to be a U.S citizen. You had to live here for at least 14 years, and you need to be 35 years old. The president is the commander in chief. They are chosen by the Electoral college. 

Chief legislator

The president is able to recommend bills, and the president can use the powers of persuasion to convince those who are on the fence and unable to decide. 

The president is also able to veto, which allows them to return it to the house it started in with why it was vetoed. The president threatening the veto is a powerful tactic to get a point across/send a message. 

Votes can also be overridden by ⅔ vote of each house of congress. 

Warmup 10/07/24

Original jurisdiction -The supreme court's ability to hear cases first.

Fed 10 - Federal 10 is about factions written by madison.

Fed 51 - Separation of powers by madison Federal 51 and Federal 10 are Madison

Fed 70 - Written by Hamilton and talks about the Executive branch/president (Single energetic executive: one person to be able to make decisions and respond quickly to America's needs.)

Fed 78 - It talks about the judicial branch and how it is set up. Federal 78 is written by Hamilton and talks about the idea of judicial review and how the court system will work. Judges must serve for life. 

Quiz topics

Fed 70 - Written by hamilton

Single energetic executives when one person is to be able to make decisions and quickly respond to America.

Fed 78 - Judicial branch hamilton 

Executive Orders - President enforcing law, informal 

Bully Pulpit - A bully pulpit is when the president uses his powers to influence. 

Chief DIplomat - Responsible for negotiating with foreign nations and appointing ambassadors. 

Chief - foreign 

Signing statement - When the president writes what they hope for the bill to accomplish

US District Courts

Term: Trial court which means original jurisdiction over federal cases. The plaintiff is the person who initiates the case and the defendant is the party answering the claim. Plaintiff v. Defendant 

In criminal trials when the government is the Plaintiff is known as prosecution. 

Plaintiffs are civil cases and prosecution is government cases.

US District continued

Federal crimes heard in the U.S district courts include mail fraud, tax evasion, and counterfeiting. 

Typically, most violent crimes happen in state courts. 

US attorneys

Each of the 94 districts has a US attorney which all work under the Attorney General. The Top US attorney is called the Attorney General. Immigration, drug trafficking, and fraud are the main things that are heard. 

Cases in which constitutional issues are involved are settled by a judge, and not by a jury. 

A judge serves life terms due to the fact they have learned enough about the law in their life in order to comprehend the constitution so it only makes sense that they serve life terms instead of judges being re-elected every couple years. 

US circuit court of appeals

The court of appeals does not determine facts. Instead, they shape the law.

USCCA primarily hears cases on the concept of certiorari.

Term: Certiorari, the concept of rehearing a case. 

Supreme Court Continued

There are 9 judges. There is one chief justice and then 8 others. The 9 members hear either cases from the circuit court or the state courts. If they take a case iit is probably going to get overturned by the 70% of cases that end up overturned. 

Example: Marbury v. Madison established judicial review. 

Chief Justice - The top judge who gets to break ties and decide if a case should be heard. They make formal decisions. 

2.9

Court rulings establish precedent, a ruling that establishes legal principle. 

Terms:

Stare Decisis - This means to let the case stand 

Binding Precedent - Lower courts are to accept the higher court decisions.

Persuasive precedent - Using another court's precedent to form a decision.

Warmup 10/21/24

7 articles of the constitution 

Article I is the legislative branch

Article II is the executive branch

Article III is the judicial branch

Article IV is full faith and credit clause

Article V is amendment clause

Article VI is supremacy clause

Article VII is ratification.

10 Amendments

- Freedom of speech, religion, press, assembly, petition. - 1

- Military amendment and right to bear arms. - 2 

- Soldiers can’t barge into houses - 3 

- Protection from searches - 4 

- Right against self-incrimination - 5

- Speedy and public trial - 6 

- Case lawsuit must be more than 20 dollars - 7

- No cruel and unusual punishment - 8

- Right of citizens to be protected - 9

- Power to state - 10

The first amendment is freedom of speech, religion and press.

The second amendment is a military amendment. 

The third amendment is soldiers can’t barge into houses unless there is war.

The fourth amendment protects you from unwarranted searches or seizures.

The fifth amendment is right against self-incrimination and imminent domain and no double jeopardy. 

The sixth amendment is speedy and public trial

The seventh amendment is court cases have to exceed 20 dollars.

The eighth amendment is no cruel and unusual punishment.

The ninth amendment protects citizens rights.

The tenth amendment is power to state. 

Judges and voting

On the supreme court, some out of the 9 justices are more predictable than others. Swing vote judges are unpredictable. 

Judicial minimalism - This means when the court hears fewer cases and takes their time with each case. 

Corporations and the state

In the late 19th century, court decisions were mostly in regards to health, safety, and civil rights laws. 

The court decided against the treatment of laborers in many instances.

Important AP theme: Historically, the courts have decided with companies, corporations, and the government in consideration. 

Constructionist

Strict and liberal constructionist

Strict - Interprets the constitution in its original form and context no matter what

Liberal - Interprets the constitution depending on the context of the current norms, standards, and social conditions of society

After World War 2

Eisenhower appointed the Warren Court. This overturned many state policies which were far from a strict interpretation of the law. The Warren court is very aggressive. This expanded the power of the federal government and overrode several state policies.  

THE ONLY WAY TO OVERRIDE THE SCOTUS DECISION IS WITH AN AMENDMENT (why are we yelling)

How can congress override or counteract the decisions of the supreme court?

With an amendment. 

Terms

Rule of 4: 4 of the 9 justices have to agree to accept a case. Only 4 of the members out of the 9 justices have to agree in order to accept a case.

Majority opinion: This is a reflection of the court's ruling and rationale which is written by the chief justice or the assigned someone. 

Concurring opinion: Agreement with the court decision but for different reasons

DIssenting opinion: Judges who vote against decision explain views of the law 

Warmup 10/22/24

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Majority opinion - The opinion reaching majority vote written by the chief justice

Concurring opinion - This is when the court agrees but for different reasons

Dissenting opinion - This is when judges vote against and don’t agree

Quiz topics

Rule of 4

Judicial activism - This is the behavior of judges striking down laws and reversing decisions using their position. 

Judicial Minimalism - Judicial minimalism is when courts take less cases and take their time with each case.

Loose v. Strict constructionist - 

Strict constructionists have a very legalist interpretation of the constitution and always interpret it in its original form no matter what. Loose constructionists view the constitution in the context of current day social conditions, giving it some expansion joints and flexibility. 

SCOTUS decisions favor who? - The party that receives a majority vote. 

How do you override a SCOTUS decision - The only way to override a scotus decision is with an amendment. 

The only way to override a scotus decision is with an amendment. Did you know that the only way to override a SCOTUS decision is with an amendment? Also the bureaucracy is a distribution of powers across the government typically from highest to lowest position in the government which allows for the operation of compliance monitoring and congressional oversight, as well as the proper function of executive orders. What is congressional oversight? It is when congress is able to oversee congressional agencies. This allows for a director to be sent out to testify in order to make sure stuff remains within alignment. Compliance monitoring is when a government agent is sent out to make sure that firms and companies are staying within compliance of rules and guidelines. 

Are you also aware about the difference between loose and strict constructionists? A strict constructionist has a very legalist interpretation of the constitution and interprets it in its original form no matter what. Loose, or more commonly known as liberal constructionist, interprets the constitution in the context of the current norms, standards, and social conditions of current day society. 

I hope you also know about the Whistleblower Protection Act, which allows for a federal worker to disclose improper government behavior without being incarcerated for it. 

The iron triangle is when a congressional committee, agency, and interest group work together in order to create policy. This is known as the iron triangle. DIscretionary authority is when an agency is given the power to interpret legislation and create laws. 

Guys, I hope you know that the spoils system is only a worsened version of patronage in which government officials misuse their power in order to elect their friends/people they’re in good relation to just to give them a good job without ensuring they have the prior experience necessary in the field. 

What the hell is Judicial activism? This is when the court is actively striking down laws and reversing decisions using their position. 

Judicial minimalism is when the court takes fewer cases than necessary and takes their time with each case. 

What the fuck is a judicial restraint? Well, it’s when a court or judge doesn’t hear a case due to their own personal philosophy. It’s very similar to Stare decisis. Basically, this is in order to honor previous cases or court rulings and their decisions.  Judicial restraint is when a judge or court doesn’t engage in a case in order to honor previous court rulings and their laws. This is very similar to stare decisis. 

Bureaucracy - The bureaucracy is a system that evenly distributes government powers and executive functions across a series of groups and agencies (typically from highest to lowest position in the government) in order to allow for compliance monitoring and congressional oversight. 

Compliance monitoring - Compliance monitoring is when an agent is sent out by the government to make sure that firms and companies are staying within compliance of rules and regulations. 

Congressional oversight - Congressional oversight is when congress oversees congressional agencies. This allows for a director to come and testify to make sure things are in alignment and ensure the bureaucracy is working. 

Discretionary authority

• Discretionary authority is when an agency is given the power to interpret legislation and create rules. 

Whistleblower protection act - This law protects a federal worker upon disclosing improper behavior of the government. 

Iron triangle - This is when an agency, congressional committee, and interest group work together to create policy. 

Spoils system - This is when an elected government official uses their power to elect their friends/people they are in positive relation to simply because they are their friends. This spreads throughout the bureaucracy and is a worsened version of patronage. 

Judicial activism - This is when judges strike down laws or reverse decisions actively using their position

Judicial Restraint - This is when the leaders make the law

Judicial minimalism - idc

Checks on Judicial Branch 

Appointments, advice and consent, and codifying

Senatorial Courtesy

This is when the president asks senators from each state who should be considered for federal judge spots

Bureaucracy

This is a hierarchical structure of executive branch employees. This is the unofficial fourth branch of the government. This allows for a better distribution of government/departments and assures that the executive agenda and congressional mandates are followed. 

Departments and Agencies

When the president gets elected, they must appoint cabinet heads. The cabinet is 15 departments and the cabinet heads are called secretary 

Compliance monitoring is when the government makes sure firms and companies are staying compliant to industry regulations and standards. 

Iron Triangle -  This when an agency, congressional committee, and interest groups work to create policy. 

PAC, or political action committee - 

Warmup 10/24/24

Compliance monitoring is when the government/regulatory agencies (a part of the bureaucracy) makes sure firms and companies are following guidelines and staying in compliance with the rules. 

Congressional Oversight is when congress oversees the congressional agencies. This is to make sure that if an issue ever occurs, there is a director who can come and testify in order to realign things and ensure the bureaucracy is doing its job. 

Issue networks

Staffers are people who work for congresspeople. This is when Committee staffers, IG members, leaders of think tanks, academics, etc. to collaborate and influence policy/laws.

Expands the power of the president and multiple actors and agencies interact to produce and implement policy. 

Patronage - This refers to the concept of rewarding party members with jobs in government. Ex: Bias to one party/group in favor of others.

Spoils system - This is referred to as a worsened version of patronage in which jobs are given to people simply because they have a positive relation to someone in the government. This then spread throughout the bureaucracy. 

Pendleton Civil Service Act - This was a law passed in order to limit/prevent patronage. This occurred after James Garfield's assasination, creating the merit system which included written exams for the applicants. This also created the Civil Service Commission to monitor this, and make sure no donations were made. 

The Civil Service Commission is compliance monitoring. 

Delegated Discretionary Authority - This is when agencies are given the power to interpret legislation and create rules. 

Power

The executive branch (Access point is agencies) has been given more power in 3 ways by Congress

1. Agencies are created in order to pay subsidies to groups.

2. Systems that give federal dollars to states such as grant programs are created.

3. Departments are given authority to charge for violations.

Subsidies - Cash grants to groups (Power of the purse)

Does the bureaucracy violate the separation of powers?

The bureaucracy is a part of the executive branch in order to make sure compliance monitoring is occurring. 

Congressional oversight addresses agency action inaction and relationships. They meet with the corresponding senate committees. 

Power of the purse continued

This allows congress to control an agency. Money cannot be spent by agencies until an authorization of a spending measure is passed. These appropriations are annually created to be a part of the budget. This is a part of the power of the purse. (Appropriations means budget money.)

Acts to know

The Freedom of Information Act is when an American Citizen has the right to access records and information. 

The Sunshine Act is a requirement of agencies to hold their meetings in publicly accessible places.

The Whistleblower Protection Act protects a federal worker who may disclose evidence of improper government behavior/action. 

Unit 3: Civil Liberties and Civil Rights

Civil liberties are freedoms protected from random and arbitrary governmental interference and actions. Your civil liberties are guaranteed by the constitution and bill of rights. 

Selective Incorporation Doctrine

The bill of rights did not provide protection from the states until the 14th amendment was passed in 1865. Every citizen of the U.S is given equal protection under law. The Bill of Rights did not originally apply to states. This doctrine selectively incorporates amendments and gradually makes the Bill of Rights apply to the state government. Basically, it prevents states from passing laws that violate citizen rights. 

Selective Incorporation is made possible by the 14th amendment.

Civil liberties are limited when they interfere with public interest, like the welfare or wellbeing of somebody or the public. You have to maintain public order. You have the ability to do things depending on the context. Time, place, and manner applies here. Public interest has to be maintained while protecting your liberties. 

Amendment 1, part 1

Clauses of the first amendment: Freedom of speech, religion, press, etc.

Thomas Jefferson was an anti-federalist. He came out with a phrase that said “There should be a wall of separation between church and state.” When he was writing this, there were people who said that America should incorporate religion into America and politics. 

The wall of Separation is attributed to Thomas Jefferson.

The federal government cannot and should not sponsor any religion according to the founding fathers. 

Establishment Clause

There are clauses within clauses. The Establishment Clause of the First Amendment prevents the federal government from establishing a national religion. This is an example of Separation of Church and State. The government cannot sanction or prove/recognize any certain religion. 

Free Exercise Clause

This clause prevents the government from stopping the free exercise of an individual's religious practices unless it violates public interest. Again, you can do whatever you want on private property with a permit. 

Engel v. Vitale

Major constitutional principle is the Establishment Clause.

This case was taken before the court in 1962. This was a violation of the Establishment Clause. This was also a New York state law, this wasn’t federal–the 14th amendment ties into this saying that federal laws have to apply to the state. “No state shall make or enforce any law which abridges the privileges or immunities of a citizen of the United States.”

The ruling was 6 to 1, claiming that yes, it did indeed violate the Establishment clause of the first amendment.

Why does this case matter? It was a demonstration of how the court ruled in favor of individual liberties. It set a precedent for many cases to come regarding schools and religious activities. 

The Lemon Test

This is a way to provide a metric to determine and measure if the Establishment Clause has been violated and to what extent. 

Lemon v. Kurtzman was the reason behind this. This would have given money to teachers of secular subjects in parochial schools. This would have created “excessive entanglement.” How was the lemon test conducted?

1. The policy must have a secular purpose that neither endorses or disapproves of a religion.

2. It must have an effect that neither advances nor prohibits religions.

3. It must avoid creating a relationship between religion and government that entangles either within the internal affairs of the other. 

Quiz topics:

Selective incorporation - This doctrine makes the bill of rights gradually apply to state governments and prevents states from passing laws that violate citizens 

Engel v. Vitale - Establishment Clause

Lemon test - A way to determine if the establishment clause has been violated. 

14th Amendment - US born citizens are protected under law

Wisconsin v. Yoder - Free Exercise Clause

Time/Place/Manner - There’s a time and place for expressing yourself. There’s a test that’s used to see if free speech is being violated. 

Where does an American citizen derive their civil liberties from?

Their civil liberties are guaranteed by the constitution and bill of rights

Explain the establishment clause. 

The establishment clause is a clause within a clause, a part of the First amendment which states that the government cannot promote the establishment of one religion throughout america. This means the government cannot prove/recognize any religion as the national religion. 

Thomas Jefferson suggested there should be a wall of separation between the church and the state. 

Wisconsin v. Yoder

Constitutional principle: Free Exercise Clause. 

Yoder argued that Wisconsin’s compulsory education law violated their first amendment rights to the free exercise of their religion in 1972.

Decision: The court ruled in favor of Yoder. They argued that the state's interest should not violate the religious interests of the Amish family. This set a precedent for future cases regarding school and religion.

Religion in Public example

People are allowed extracurricular activities outside of the school day that involve religious activity as long as it does not use tax dollars. 

Freedom of Speech

Federal and State governments have to have a compelling governmental interest to curb free speech. 

Examples of Issues

Burning of war draft cards is not allowed by the government. This violated the congressional right to raise an army. 

A jacket that says “Fuck the draft” got a man arrested for disturbing the peace. It was overturned and the case set the precedent that one man's vulgarity is another man's lyric. It depends on the time, place, and manner, as well as the context of where clothing like that is worn. 

Time, place, and manner test

This test is similar to the lemon test if the establishment clause. This Is what you use to see if free speech is allowed or not. 

1. The restriction cannot suppress content of expression. 

2. The restriction has to be as narrow and direct as possible. 

3. The restriction must serve a significant government interest. 

4. There must be adequate alternative ways of expression

Ex: You can’t go into a movie theater and yell fire. You can’t go into an airport and yell bomb. 

The Lemon Test has 3 parts.

It is about the Establishment Clause.

They can’t create a relationship between church and state. They cannot advance or take away from religion. It must be secular. No entanglement between government/relationship 

The Lemon Test = 3 parts. 

The. Lemon. Test. because it is three. 

Time, Place and Manner test four parts because there are four words.

Time, place and manner is about free speech. Must be narrowly tailored. Must have alternative ways of expression. It can’t suppress free speech. It must be of government interest. 

Selective Incorporation. This made the bill of rights gradually apply to the state government. Prevented the states from passing laws that violated civil rights.  14th amendment 

The time, place and manner test is a way to measure if free speech is being violated. There are four parts: Must not suppress free speech. Must be of government interest. Must have adequate ways of 

Tinker v. Des Moines: Symbolic Speech Case

Constitutional principle: Substantial Disruption test was a decision making test for how school administrators could constitutionally limit student speech. 

Decision: No disruption took place, students were protected by the first amendment. 

Warmup 11/04/24

Amendment 12 - Electors shall meet in their respective state and make sure the VP and president run on the same ticket/party. Ex: Trump and Vance and Harris Walz are on separate tickets/parties.

Amendment 13 - Freedom of slaves and abolishes slavery. 

Amendment 14 - Three parts: naturalization, due process, equal protection clause. This talks about the protection of natural rights for US born citizens. 

Amendment 15 - Voting rights for all men, no matter race. Women do not vote yet. 

Marks the beginning of the progressive era.

Amendment 16 - This grants congress the power to lay and collect taxes on incomes, whatever sources derived, without appointment among the several states, and without any regard to the census or enumeration. This allows the government extra money hehe.

16th amendment INCOME TAXES

“If you make money, Uncle Sam has the right to it.”

17TH AMENDMENT - Direct election of senators. This allows the people to choose the senators. If a senator dies, it's up to the state to appoint a temporary senator. 

18th amendment - Prohibition. Alcohol was banned. This is the only amendment that was overturned. 

The 19th amendment is women's voting rights. 19 amendment for 1920. 

The right of voting shall not be denied on the account of sex/gender. Women can vote. Congress shall have the power to enforce this article by appropriate legislation. 

The 20th amendment marks the beginning of the modern era in 1933.

20th amendment: Inauguration. The 20th of January marks the day that the president is Sworn in. 

The 21st amendment gets rid of the prohibition. 

“LMFAO we finna get lit tn” - People in 1933 

22nd amendment - president can serve two terms. 

23rd amendment - Washington DC gets electoral votes. This is in 1961

24th amendment-  outlawed poll taxes for voting. 

25th amendment - This deals with presidential succession. The Vice President shall become president if the Normal President gets something bad to happen to him. This permits the president to temporarily transfer power. 

26th amendment lowers the voting age to eighteen. 

27th Amendment in 1992

This deals with congressional salary. They can’t vote to raise their pay the first week they get elected. It won’t take effect until the next election cycle. 

Warmup 11/07/24

Which court case said free speech can be limited in times of war?

Schenck V. US

What were the pentagon papers

A document of the history of US involvement in vietnam.

Explain the concept of a prior restraint? 

When the government can review the contents of a text before allowing it to be published

All amendments - 16 - 27

16 - Income tax 

17 - Direct popular voting for senators by the people

18- prohibition

19- women's suffrage right to vote

21th amendment- alcohol is legal again

22 amendment - president only 2 terms

23 - DC gets 3 electoral votes

24 - the right to vote cannot be denied for failure to pay taxes

25 - establishes succession to the presidency

Suffrage amendments’

15 - Black men can vote

19 - Womens rights to vote 

24 - TAxes the right to vote cannot be denied for failure to pay taxes

26 - Allows citizens 18 and older to vote 

23 - Allows for 3 electoral votes in dc 

Tinker v. Des Moine - First amendment free speech 

Schenck v. US - Clear and present danger 

NYT v. US - Principal is prior restraint. 

Prior restraint - Prior restraint is when the government prevents expression or publication of something by reviewing it before it is published. 

Libel/slander

A libel is slanderous text in a printed medium. Slander is slanderous speech.

Clear Present Danger

McDonald v. Chicago - Second amendment. Happened due to the equal protection clause. 

The founding fathers debated for a long time if they needed a gun amendment. 

The amendment states that a well regulated militia (people who unofficially have guns and do military stuff) and the right of the people to keep and bear arms shall not be infringed.

Typically, republican government officials are more pro-gun. Democrats are more in favor of gun control. 

Gun control advocates interpret the second amendment in which guns should be regulated and owners should be trained. 

Pro gun advocates say that citizens need to own guns in order to form a militia if it's necessary as it is the right of the people. 

Over time, Acts have been acted that required registration, taxes of weapons, banned sale of guns to felons, those with mental illness, and those dishonorably charged. Later in the 20th century, background checks and waiting periods began for purchase of guns. However, that law expired in 1998. 

How do guns involve selective incorporation?

DC v. Heller

Heller, a security guard, wanted to take his gun home with him in order to feel safe. In The district of Columbia, it was illegal to have a handgun. Amicus Curiae briefs were filed (friend of the court) and many congressmen took positions. 

There was a 5-4 decision that ended with a SCOTUS ruling that an individual's right to own a gun was unrelated to militia service. This is unique because the district of Columbia was not a state, not impacting state laws, but rather setting a standard. 

McDonald v. Chicago

Facts of the case- The guy McDonald lives in Chicago and wanted a handgun to protect his property.

Constitutional principle - Second amendment. Right to bear arms and well regulated militia. 

Arguments - Chicago's restrictive gun laws restricted their right to bear arms. 

Decision - The court ruled in favor of McDonald and concluded that Chicago’s gun laws were a violation of second amendment rights. 

Logic of this case-

Any states that had gun laws had to realign their ruling with McDonald. 

The fourteenth amendment makes selective incorporation possible. SCOTUs applied the 2nd amendment to the states through due process clauses.

8th amendment

Cruel and unusual is not allowed. Cannot be fined too much. 

Is the death penalty protected? The 5th amendment no person shall be deprived of life. Different courts in different eras have ruled in different ways. There was a 1976e decision so that the death penalty cannot be mandatory by law. It must take place during the 2nd phase of trial after a guilty verdict. 

Guantanamo Bay

After 9/11, the US established a prison camp in Cuba for suspected terrorists. Not one US soil, are they allowed US rights? The US government under George Bush redefined torture to be pain equivalent to organ fialure, serious physical injury, or death. Waterboarding and other tactics were allowed. There was debate ensued over the justification of the tactics. This was eventually overturned by Obama. 

Gauntauma bay was eventually shut down. 

After any shooting, the amount of legislation over gun laws will almost always increase. Additionally, states redefine and increase accessibility to guns. This is usually dependent on the party in power. 

4th amendment - Search and seizure

This is in the constitution because the British had broad search warrants and writs of assistance. This is interpreted as unfair by the colonists. They wanted to make it as clear as possible what the federal government could and could not do. The 4th amendment requires search warrants in order to go through a house. There must be a probable cause. Crime that is in plain view does not need a warrant. Limitless searches are allowed in airports and border crossings. 

Metadata

This is linked to the 4th amendment post 9/11. After the PATRIOT act got passed, the federal government said that phone companies should give over data when asked. Metadata is everything but the actual content. It only says who was talking to and for how long. 

In 2015, they made the USA Freedom act that the executive has to issue a warrant to examine metadata

Due process ensures legitimate government in a democracy. The 14th amendment strengthens the 5th. The 14th was published to give rights to African americans. Due process clause of the 14th states that no state can deprive any person of life or liberty or property without due process of law.). 

In the 5th amendment, the just compensation clause says that if the government takes citizens property the government must compensate. 

Substantive versus Procedural due process

Dew process 

Due process is the rights you have from start to finish when accused of a crime.

Procedural due process addresses the way the law is carried out. This means a lawyer can challenge the opps if a police officer does not read you your rights if you are arrested. 

SUbstantive due process addresses the essence of the law. For example, was the law someone broke constitutional? Violate life liberty and property?

4th amendment

It protects search and seizures. It implies a right to privacy. It provides the exclusionary rule. Anything the government takes in violation of this amendment cannot be used in court. (Evidence that did not happen under approval of this amendment.)

The exclusionary rule was enforced after Mapp v. Ohio. A woman had a magazine of nude, naked, wet, dreamy, creamy individuals and that was illegal in Ohio so she went to jail. Set free because it violated the 4th amendment. 

Miranda v. Arizona

Mirando did not know that he had the right to remain silent while being arrested. He was charged with kidnap and rape. He was interrogated for 2 hours and eventually signed a confession. He sued. 

Gideon v. Wainwright

1963

Facts: In 1961, Clarence Earl Gideon broke into a pool hall and stole stuff. He was poor and he had already done this so he was able to be appointed a lawyer. He did not have a right to a lawyer in Florida so he had to represent himself as his lawyer. 

Principal: 6th amendment. In all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense.

The 14th amendment equal protection clause makes this case possible. 

The court ruled in Gideon's favor and argued that the sixth amendment provisions for a lawyer does apply to the states via the fourteenth amendment's equal protection clause. 

3.9 required

The right to privacy is not enumerated or mentioned in the constitution but it is referenced by several amendments. 

Griswold v. Connecticut involved a law in Connecticut that stopped married couples from receiving birth control literature or information and this case overturned it. This set the precedent that Connecticut had the right to handle things dealing with birth control. Roe v. Wade talked about if Texas or other states could rule on the right to Abortion. The court ruled that the right to abort a baby was between a woman and her doctor privately. This was based on the substantive due process guarantees of the 14th amendment. 

This was overturned by Dobbs v. Jackson WHO (womens health organization)

Civil Rights

Civil rights are protections guaranteed by the constitution that protect from discrimination prejudice discrimination. 

Civil rights are protected and guaranteed by the due process equal protection clauses. 

Prior to the civil war, these were ignored. 

NAACP 

The National Association for the Advancement of Colored People formed in 1909 to seek to protect the rights of African Americans. This helped to overturn the grandfather clause and residential segregation. 

Litigation - Suing over and over despite losing in order to make sure civil rights are given.

Constitution

The NAACP began to get stuff done in the south by winning several cases and abolishing “white primaries” which allowed southerners to suppress the republican party and establish a democratic stronghold. They also began to sue schools to desegregate schools. 

Southern Christian Leadership Conference, Urban League, and Martin Luther King Jr helped the movement gain momentum. The 1960s were a pivotal decade, with the March on Washington, the leader of the NAACP assassinated in 1963, boycotts, and JFK assassinated.  

Letter from the Birmingham Jail

This was written after Martin Luther King's arrest, writing about 4 main topics. 

Collection of the facts to determine whether injustices are alive. 

Negotiation and litigation.

Self purification

Direct Action

This nailed the problems of society and exposed deep injustices and argued for non-violent resistance. He advocated for the civil rights movement to be ratified and have people actually care about its goals and tactics. 

Civil rights movement - Just for African Americans. Civil rights is just anything.

Quiz Topics

Metadata - Data surrounding data but not the actual content. Like a phone call–But only when it happened and to whom it was between. 

Procedural v. Substantive due process -

Due process is the procedure in which the government must tell you what they’re going to do if you are to be affected by a government decision. 

Procedural due process requires a police officer to tell you your rights when you’re being detained or arrested. Substantive due process focuses on the essence of the law. For example, was the arrest or the process of the arrest a violation of a constitutional right? Violation of life, liberty, or property? If it does, does it have a sufficient reason to do so?

Gideon v. Wainwright - Gideon V. Wainwright is a court case that involves the constitutional principle of the 6th amendment, in which an individual may enjoy the right to assistance of the counsel for their defense. The man accused did not have the right to a lawyer provided by florida so he had to represent himself. This case's logistics are largely determined by the 14th amendments due process clause. 

GIdeon v. Wainwright involves the 6th amendment, stating that an individual may enjoy the right to assistance of counsel for his defense in a court of law. This case's logistics are also largely determined by the 14th amendments due process clause. 

Exclusionary Rule -  The exclusionary rule is a metric that states the government cannot use any evidence to testify in court that was unlawfully obtained without a search warrant. This protects the 4th amendment. 

The exclusionary rule is a rule that states the government cannot use any evidence in court that was obtained unlawfully or without a warrant. 

The 3 parts of Letter from Birmingham Jail - 

Martin Luther King's letter nailed injustices of society by exposing the deep-running problems of society and advocating for non-violent resistance and for the civil rights movement to be ratified with people caring about its goals and tactics. 

Right to privacy - This is a part of the 4th amendment that implies a right to privacy due to protecting from unwarranted searches and seizures. The 4th amendment also provides the exclusionary rule, preventing the government from using evidence that was obtained without a warrant or unlawfully. 

Civil Liberties v. Civil rights -

Civil liberties are the rights guaranteed to citizens by the constitution, protecting one's life, liberty, and property by due process. Civil rights, however, protect one from discrimination and provide an individual to the right to equality. 

Civil liberties are the rights guaranteed to citizens by the constitution. Civil rights protect one from discrimination and provide an individual to the right of equality. 

Litigation - Process of suing over and over in order to make change of legislature or allow for negotiation. 

NAACP - National Association for the Advancement of Colored People 

US v. Lopez - Commerce Clause

Engel v. Vitale - Establishment Clause

Baker v. Carr - Equal protection clause 

Shaw v. Reno - racial redistricting/14th amendment 

NYT v. US - First Amendment

Know court cases and amendments 

Women’s rights movement

Obtaining the right to vote was key for the women's rights movement. This movement was characterized and driven by the industrialization of the 1800s in which more women were sent to work. Laws were passed to restrict hours so women could work to “keep them healthy enough to have kids.” This is during the progressive era. 

Woodrow Wilson was repeatedly harassed by suffragettes and eventually the 19th amendment passed in 1920. In the first few decades since 1920, men voted more than women, but that has now changed. 

1964 Civil rights Act

The Equal Pay act required jobs to pay women the same amount as men. The Civil Rights Act of 1964 prohibits the discrimination on the basis of race, color, religion, sex, or national origin in the workforce. 

National Organization for WOmen

This was founded in 1966 and provided a place for women of similar interest to join together and collaborate to encourage women to apply for male dominated jobs. 

Strict scrutiny

This forces courts to make sure legislation is narrowly tailored to avoid violation of laws. 

Title IX (9)

This guarantees that men and women have equal educational opportunities. 

Strict scrutiny is not as closely followed as it needs to be. The Equal Rights Amendment did not pass. This states that Equality of RIghts under the law shall not be dined on the account of sex. Passed both houses of Congress, but failed. 

LGBT in the military

For a long time, it was illegal to be homosexual in the military. The Don’t Ask Don’t Tell policy which states the military could not ask members their orientation, as long as soldiers did not come out they are allowed in. This was overturned in 2010.

Defense of marriage act

In 1996, this act declared that states did not have to honor marriage certificates of other states. This bill also denied benefits to same sex couples. 30 states had laws banning same sex marriage. 

Obergefell v. Hodges

Banning gay marriage violated the constitution and 14th amendment. 

Mapp v. Ohio exclusionary rule on the test

What is the significance of the Civil Rights Act?

Most important law that banned discrimination based on the account of sex, race, national origin, etc. in the workplace. 

What was title IX (9) intended to help with?

To create equal education opportunities for women.

Radical Republicans

Those loyal to Lincoln and in office towards the end of the Civil War that passed the Reconstruction amendments. Those who got really upset when Lincoln died.

15th amendment

This guaranteed voting rights to African Americans. However, many former slave owners tried to restrict this.

They made literacy tests and poll taxes, in which the tests were impossible reading skill tests and poll taxes which were high fees for black people to vote. 

Grandfather clause, where the metric was if your grandfather could vote, so could you. They also made white primaries where only white men could vote. THese were loopholes that were acceptable because they did not prohibit voting based on race, color, or previous condition of servitude. 

Plessy v. Ferguson

The NAACP had sued to overturn the establishment that stated separate but equal facilities were constitution in 1896. 

They found footing after proving psychological disadvantages for black students. 

De Jure segregation: Laws that require segregation

De facto: Matter of fact segregation 

Brown v. Board of Education

Facts: Racial segregation in schools. Justified by the separate but equal principle created by Plessy v. Ferguson. This case overturned separate but equal doctrine.

Brown and other advocates claimed that it was a violation of the equal protection clause of the 14th amendment. 

Argument that segregation messes with black kids psychology. 

The court ruled that schools must integrate with “all deliberate speed.” It was kind of a legal workaround that still gave schools the grounds to not integrate. 

Key Provisions of Civil Rights Act of 1964

This required application of voter registration. (Every person, regardless of race, had to have the same resources that allowed them to vote.)

This banned discrimination of public accommodations. 

It empowered attorney generals to take actions against non-compliant groups.

This outlawed discrimination in hiring. 

Voting Rights Act of 1965

This allowed the federal government to oversee elections in southern states to make sure laws were being followed. This ended the literacy test and other obstacles. 

Enrollment Balancing

Swann v. Mecklenburg allowed for the bussing of students to white schools to ensure that the ratio of black and white students met legal standards. 

In response to this, White flight began the intentional moving out of cities to ensure majority white schools. 

Affirmative Action

This ensured diversity institutionally. 

Selective incorporation - This doctrine makes the bill of rights gradually apply to state governments and prevents states from passing laws that violate citizens 

Engel v. Vitale - Establishment Clause

Lemon test - A way to determine if the establishment clause has been violated. 

14th Amendment - US born citizens are protected under law

Wisconsin v. Yoder - Free Exercise Clause

The Lemon Test has 3 parts.

It is about the Establishment Clause.

They can’t create a relationship between church and state. They cannot advance or take away from religion. It must be secular. No entanglement between government/relationship 

The Lemon Test = 3 parts. 

The. Lemon. Test. because it is three. 

Time, Place and Manner test four parts because there are four words.

Time, place and manner is about free speech. Must be narrowly tailored. Must have alternative ways of expression. It can’t suppress free speech. It must be of government interest. 

Selective Incorporation. This made the bill of rights gradually apply to the state government. Prevented the states from passing laws that violated civil rights.  14th amendment 

The time, place and manner test is a way to measure if free speech is being violated. There are four parts: Must not suppress free speech. Must be of government interest. Must have adequate ways of 

Tinker v. Des Moines: Symbolic Speech Case

Constitutional principle: Substantial Disruption test was a decision making test for how school administrators could constitutionally limit student speech. 

Decision: No disruption took place, students were protected by the first amendment. 

US v. Lopez - Commerce Clause

Engel v. Vitale - Establishment Clause

Baker v. Carr - Equal protection clause 

Shaw v. Reno - racial redistricting/14th amendment 

NYT v. US - First Amendment

Name as many political parties as you can that exist in the US

COnservative liberal democratic republican independent party Green party

Unit 4 

A moderate or middle party is someone who can see issues both ways.

Right wing is conservative. Conservatism is the idea of preserving traditional values. This party is more reluctant to change and keep things the way they are. This means things like pro choice, pro tradition, christianity, etc. Libertarian is when you keep going right. This means almost like they’re a no-government system where there’s as much freedom as possible. Far right wing is fascism… 

Left wing is democratic. Democracy is the idea of progressing socially and politically. This is more pro choice and pro change. This means more government. Far left however is communism. Socialism is when you go further left. But not full left. 

Unit 4 is about political ideology. 

Americans have different views on what American values should be and how the government should intervene. 

Example: Poor people need help. How do you define poor and how should the government help? People may define poor differently, and some say the government should provide help but others say they shouldn't. 

The political spectrum

Individualism

This is the belief of self 

Self centered: What benefits themself vs Enlightened interest: What will benefit the country

Equality of opportunity

Question: Does everyone have the exact same chances or does the government need to help?

All men are created equal, all people have the rights required to better themselves. 

Evident by the 14th amendment in which all people are equal. 

Ties into affirmative action

Free Enterprise

This has to do with the belief of the economic system. The root question asks what the best way to run the country is

“The less of something there is, the more expensive it comes.”

Adam smith claimed the principle of Laissez Faire which means the government should stay out of the economy and interactions between producers and consumers would regulate stuff. 

Conservatives want the government to stay out of the way, meaning most business owners tend to vote republican. Liberals believe the government should intervene to ensure safety, labor unions, and hourly workers tend to vote democrat. 

Equilibrium - When a price is set so as many consumers buy it, being the highest price, and making the most profits

“Which of the following political topics refer to the economy?” Free enterprise. 

Rule of Law

The root principle of this is that nobody is above the law. Historically this has been manipulated. 

Free press, public records, and independent law enforcement ensure the Rule of Law where nobody is above the law. 

Limited Government

The root principle of this is that the government is kept under control by checks and balances and separation of powers. The US government has as many restrictions as abilities.

This principle is most closely associated with civil liberties: Right guaranteed by the Bill of Rights 

Political Socialization

This is how you are socialized politically. Ex: What has happened to you to make you develop political beliefs. 

Political Socialization - 

This is the process in how you are socialized politically. Basically, the process in which you develop political beliefs–Like how you were raised or the political nature of your school.

Free enterprise is related to the concept and idea of the economy and the economic system. 

It’s like the idea that the government should have less control over the economy.

The invisible hand is the idea that there is this hand that moves and sets the prices of things, but isn’t a tangible or physical object. 

Or the unseen forces that drive the economy. 

Political Ideology

Ideology refers to a comprehensive, consistent set of ideas.

Valence Issues - These are policies or issues that are viewed in the same way by people of different ideologies. 

Wedge Issues - These sharply divide the political sides. 

Most Americans are centrists or moderate–somewhere in between conservative and liberal. 

Many people are more concerned about issues with saliency or major importance. 

Term Evolution

Since the 1930s with Franklin Roosevelt, he severely expanded the government which made way for the Liberal ideology in order to act flexibly and expand the government beyond previous constraints

Modern day conservatives prefer a more constrained and authoritarian government. Fiscal conservatives are the most dominant in the party. 

Party Platforms 

A platform is a political concept of a structure that holds an entire list of principals and plans it hopes to enact. Like how democrats have stuff like education on their platform, and conservatives have stuff like abortion on their platform. 

Majoritarian policy making - Basically what people care the most about. Presidents pay attention to polls in order to make decisions that they think will be favored by most people. 

However, the framers have made ways in order to represent minority views through the use of Interest groups. 

Other Ideologies

Some other ideologies other than republican and democratic are Libertarian and Populists.

Libertarians generally oppose government intervention and have reverence for less government and high regard for civil liberties. They are conservative economically, but socially they are liberal. 

Populists are protestant. They are typically southern or midwestern, favor more conservative values such as family values, workplace protections, strict moral code, and they are unsympathetic towards criminals and unpatriotic speech. 

An individual generation has a big impact on politics. Younger people typically lean left, while older people typically lean right. The time between 18 and 24 is the most impactful. However, they’re the least likely people to show up at polls

Millennials

Statistically, millennials are more liberal than previous generations. They’re supportive of government action and legalizing marijuana, anti racist, and tolerance are major issues. Less patriotic than other generations due to globalization. 

Silent Generation - 1928-1945

They are more overwhelmingly conservative and reluctant to change. They’re highly patriotic and supportive of Christian values and apprehensive towards social issues. They believe the American way of life has changed for the worse

Lifecycle effects

Throughout your life, there are a variety of physical, social, and psychological changes that people go through. Current circumstances also dictate the politics of a group. 

The great depression

Life events shape politics. The government tried to get people out of poverty during the time of 1929-1933 which made people have a favorable view of government, 

WWII

WWII brought America together against fascism and united people around a common cause. Through the cold war, this largely held until vietnam. After that, attitudes toward the government began to change. People started to not like government after vietnam. 

Baby boomers and millennials

Boomers lived during the 60s when protest was common, challenging the government became a political norm. 

Millennials were defined by 9/11, Iraq war, and the great recession, and millennials were split 50/50 in government trust. 

Types of Polls

Benchmark polls - They measure support for a candidate before he or she runs, which tracks info about the issues people care about.

Tracking polls - Ask voters how they may vote on election day

Entrance and exit polls - These are carried out at polling places for immediate analysis of an election. Way off. 

Delegated Discretionary Authority - When a committee has unofficial authority to change legislation

Judicial Restraint - When a judge uses their own preferences in a court ruling.

Constitutional clause at stake in Shaw v. Reno - Race gerrymandering 

Approval Ratings

This asks people if they approve of a president in a yes or no question format. Honeymoon Period - This is when approval is pretty high after an election when the media is positive. 

Presidents tend to average around 50%, but the 2 highest in history were the Bush’s 90% approval rate after military intervention 

Focus Groups

This is when 10-40 people gather to discuss the effectiveness of the candidate. This allows candidates to explain themselves further than a yes/no poll.

Phrasing Questions

Surveys are sometimes manipulated to skew the results using emotional charges. Wording should try to be objective, not emotionally charged. Issues like abortion and affirmative action get intense reactions from people. 

Framing and Techniques

Questions can be worded to manipulate. Polls should try to represent different populations of Americans. Representative sample is a group of people meant to represent a large group in question, known as the universe (every eligible response you could get about a president) Typically you want at least 1500 respondents.

Random sample - Every single member of the universe must have an equal chance at selection into the sample. 

Most polls are conducted by phone. Random-digit-dialing This is when a computer randomly calls numbers to prevent human bias. 

The purpose of random digit dialing is to have a computer randomly select numbers to call in order to prevent bias.

2 kinds of polls - Benchmark polls: See how well a candidate is fit before they run. This is to get data on how people feel about a candidate. 

Tracking polls - Ask how a voter may vote on the voting day. This is to get data on how many people may vote for a certain candidate. 

Polls continued

Every poll has a sampling error, or margin of error. Margin of error decreases as samples get larger. It means it gives the data of something the space to be off up to a certain percent. 

Horse Race News Coverage

This is when the media covers who's always in the lead. 

Bandwagon effect - People see who is always on the news and vote for them. 

Social Desirability Bias

This is when respondents tell poll takers what they think the poll taker wants to hear. This means you skew your answer in order to fit in. People feel judged if they participate in voting and their vote isn’t what would be popular. 

Bradley Effect - People were asked if they were going to vote for Bradley, who was a black man. Polls suggested he would win, but he lost heavily. 

When you see a poll these are questions to ask

Who paid for it?

What methodology? 

What order were the questions presented?

Whose opinion may be missing?

How do poll results compare with another?

Political SOcialization - This is the process in which you develop your political beliefs through socialization.

5 factors of political culture - Individualism, Limited government, free enterprise, Equality of opportunity, Rule of law 

Generations

Types of polls - Benchmark: see how well a candidate is fit before they run. 

Exit and entrance polls - Immediately after voting takes place

Tracking polls - Ask voters how they may vote 

Far left - Communism

Lefter socialism

Left liberal

Middle - centrist

Right republican

Righter - Libertarian

Rightest - fascism

Populist - Protestant midwestern family

Libertarian - dont like government 

Valence issues - everyone agrees

Salience = important issues everyone argues on no matter what 

Budget

The president is able to plan a budget. Only the house can set up a budget. Both parties' budget plans exceed the amount of money the country brings in. 

Monetary Policy

This is different from fiscal policy. The US government has the federal reserve, who monitors the nation's economy–dealing with monetary policy. They look at inflation rates, and make changes based on that. 

Democrats - keynesian economics

Republicans - reaganomics - Hands off government policy 

Federal Reserve

This regulates commercial banks and sets interest rates. They do the auditing and make sure banks are doing the right thing. 

Discount Rates

In order for banks to function, the federal government must set discount rates. This is the interest rate that the federal government loans money to commercial banks. 

Reserve Requirement

The bank does not always have the money it loans. The reserve requirement is how much money they have to keep at a given time. The less a bank is required to keep, the more it will loan out. Currently the amount of money a bank needs to have is 10%. 

Bonds

They are government certificates that say you bought it to give the government money. (Example: buying a war bond is basically giving money.) They repay you with an interest rate over roughly two decades. 

Globalization and trade

Exporting more than you import is called a favorable trade balance. If you buy more than you sell, you have a trade deficit. 

Social Welfare

This means support for the disadvantaged people so they can meet their basic needs.

The War on Poverty and Great Depression played a role in expanding this. 

Social Safety Nets

Social safety nets, social welfare, entitlements are all the same thing. Social safety nets mean higher taxes. This allows for the government to give more in these programs. Entitlements means government services promised by law to the citizens. 

Social Security

This is the largest entitlement program. This is the safety net for the elderly. This is allegedly the first block of the welfare state. 

Electorate - All the Americans that go to polls

Franchise - The right to vote

Constituents - The people you represent

Civil Rights Act of 1957 - only addressed racism in voting registration

1965 Voting Rights Act - This outlawed literacy tests 

Preclearance provision - if any loophole laws are made, the federal government would destroy it. 

Voting Models

Rational-choice voting - Makes rational inferences about the candidates, analyzing issues and platform points.

Retrospective voting - This looks at the track records of the candidates as voting motivation. 

Prospective voting - Looking ahead for what a candidate may do

Party-line voting - Identify with one political party 

Other factors

Integrity, intelligence, personality are other factors involved in the election process for a candidate.

Terms

Counties, cities, and towns are divided into wards which are broken into precincts. Each precinct is roughly 500-1000 voters who are assigned to a voting place, usually a school or community center. Usually winners are known by night or the next day, but it may take a couple weeks for it to solidify.

National Voter Registration Act in 1993 

Motor Voter laws. Makes it the easiest to register at the DMV.

Gore v. Bush - Led to help america vote act. Which imposed requirements on states to update the voting standards.

Gore v. Bush - Big debate if hole-punched ballots counted. 

Voter ID laws

Some states require ID to vote. Is this fair or equitable? Democrats argue that it's meant to discriminate against lower-class people. 

First 3 political realignments 

1st - Andrew Jackson took over and extended voting rights to common man. Jacksonian democracy

2nd - Abraham Lincoln - Wigs vs. Republicans vs. Democratic republicans. Last time a 3rd party won

3rd - 

Quiz topics

• Voting models - Rational voting, retrospective voting, prosepxtive voting, rational - Evaulating every aspect of a candidiate. Retrospective  looking at a previous candidates record. Prospective - looking at what they can do the future - 

• Preclearance  - Fed government stps loophole laws.

• Pocketbook voting - voting based off concerns of the economy, most common concern.

• Election of 2000 - created the help americans vote act, 

• Linkage institutions - Media and Interest groups

• Apathy: lack of care on voting

•  Efficacy: voters feel as though they make an impact

• Party Realignment

4th political realignment

This was the biggest political switch because before Abraham Lincoln, African Americans voted republicans. FDR made a huge shift to help minorities. New Deal Coalition - help 

Big political switch because more black voters voted democrat than republican. 

5th political realignment

Since the 1960s, the democrats took on the civil rights act as a top priority and solidified their base. (Base: people they can always rely on to vote for them). This is the era of divided government becoming common where one party controls congress and one party controls the white house 

Party Dealignment

This is when voters feel displaced and leave parties and politics all together. Independents, who are not registered in one party, vote differently from election to election 

Why 3rd parties never win

It’s because they usually form as ideological parties which are not ideas that are part of the big 2. 

They could also form as splinter parties, when factions of a current party break off. 

Why do third parties even matter

Plurality - When you win an election but didn’t win the majority. 

They also never win because they almost always lack enough funding to gain exposure. Ballot access is also difficult. Ballot access requires a fee and number of signatures. Dems and Reps also have an existing network. The media also ignores 3rd parties. 

Winner-Take-All voting

This is the largest obstacle against 3rd parties. This refers to whichever presidential candidate wins the plurality and gets to take the popular vote in the state. This makes people not want to throw away their vote. 

WTA also increases the value of swing states, which means they could go either way in an election. Battleground states yes it may also be called. 

Caucus - Groups of the same party that consistently join together 

Linkage institution - A structure in society that joins people to the government, media, interest groups, etc. 

Incumbent- Person currently in office

Electing a president

Article 1 lets congress set the election date

Article 2 explains the electoral college

12th amendment says the VP will be elected alongside the president, not winner and runner-up

Primaries

Primaries are used to figure out who is going to represent a party. 

General election - occurs after primaries when the representative is picked.

Closed primary - This means you have to be a member of the party to vote for the party's primary.

Open - Doesn’t matter what group you identify with. 

Caucuses for primaries

THis is another way for primaries to occur. People meet at houses, community centers, etc. This is way less convenient where people vote for their primary. 

System for the primaries

Iowa is always first. Also the only state to do caucuses for primaries. New Hampshire is next, SC is third, Nevada is fourth. 

Super Tuesday This is when several states hold their primaries and races start to narrow. Only about 30% of eligible voters vote in primaries. 

General Election

This begins to get momentum after Labor Day when parties have picked their candidates. Presidential nominees debate 3 times and VP’s debate once. This is when endorsements from celebrities, media, and politicians pour in. 

Candidates concentrate resources on swing states, states that could go either way. 

Electors

The electors of the electoral college are the people that actually cast the ballots in the electoral college. This cannot be members of congress. Only Nebraska and Maine allow electors to be split by congressional districts. Elections are not official until electors cast votes in December, and congress counts these votes in January. 

Popular vote

The amount of votes you got. 5 times in US history has a candidate lost the popular vote but won the presidency. 

Pros and cons of the electoral college

Pros - Insures that all states matter and get to fairly elect the president. Protects the voices of the minority. 

Cons - Gives too much power to swing states and allows the presidential election to be decided by a handful of states. 

Democracy should function on the will of the people, allowing one vote per adult. 

Commerce clause - It was a clause that regulated whatever enters state borders. It allows government to get taxes. Articles of Confederation didn’t like this. Article I section 8 powers of congress. It has been used to regulate goods among states and expand powers of the federal government. It was found in US v. Lopez because someone brought a gun

3 types of committees - Standing, special, joint.

Citizens united v. FEC allows for the expansion of campaign finance

5.12

Free press - An unrestricted institution that places a check on the government.

Most early US newspapers were 4 pages, printed weekly in cities only.

The first daily newspaper was in 1833. 

Investigative reporting

This began during the progressive era, when we got the 16th and 17th amendments. This reporting style had a shift which sought to expose government corruption. These people helped begin the era of trust busting and fair treatment of workers. Muckraking - Getting dirt on people

20th century- Game changes

Around the 1920s, radio was everywhere. Radio broadcast networks sent signals to affiliates and relayed info in real time. Big 3 broadcast networks developed- ABC, CBS, NBC developed news programming. In 1980, CNN was made. This started gossip journalism.

1987- Capitalism and cash. 

Editorials - These were opinionated articles that explain the publications view. They had opposing editorials which were opposing viewpoints from the publication to create balance. Died in 1987, fairness doctrine gone.

Federal Communications Commission - This regulates electronic communications. 

Mainstream media is typically more liberal. Networks such as FOX and washington times are more conservative. 

People will always look at things that confirm their beliefs, aka confirmation bias.

3 roles of media

Horse race - NEtworks overly discuss who is leading and losing in a campaign. This scorekeeper perspective causes news to overinflate public opinion polls. 

Gatekeeping is when networks get to determine what is newsworthy regardless of provable importance.

Watchdog - An attempt to expose corruption and bring events to light.