Politics Final Review

Prohibits establishment of state religion and protects freedom of press and speech and rights to assemble and petition government

Guarantees right to keep and bear arms in context of state militia

Prohibits stationing of troops in homes without consent

Protects against unreasonable searches and seizures and requires probable cause for search warrants

Establishes grand jury to bring indictments in capital or serious cases, protects against double jeopardy and self-incrimination, and guarantees due process and eminent domain

Guarantees right to speedy trial by an impartial jury in criminal cases, to be informed about charges, and to have representation by counsel

Provides for trial by jury in most civil cases

Prohibits excessive bail or fines and cruel and unusual punishments

Does not deny people any rights not specifically mentioned in Constitution

Gives to states or people powers not granted to Congress or denied to states

• The Incorporation Doctrine
• •Barron v. Baltimore (1833); Supreme
• •Court ruled that B.o.R limited only actions of U.S. government and not those of states

An interpretation of Constitution that holds that due process clause of 14th Amendment requires that state and local governments also guarantee those rights

Congress will not create or support an official state church

Congress will not interfere with practice of religion

NEUTRAL

• -depends on peaceful conduct
• -most controversial, especially in times of war
• -Supreme Court often arbiter between freedom of people to express dissent and government’s authority to limit controversy in name of national security

provides procedure for electing President and Vice President

Abolishes slavery and involuntary servitude, except as punishment for a crime

Defines citizenship, contains Privileges or Immunities Clause, Due Process Clause, Equal Protection Clause

right of citizens to vote shall not be denied or abridged by US or by any State on account of race, color, or previous condition of servitude

Establishes direct election of United States Senators by popular vote

right of citizens of US to vote shall not be denied or abridged by US or by any State on account of sex

Limits number of times that person can be elected president. A person can't be elected more than twice. Person who has served more than two years of a term to which someone else was elected can't be elected again

right of citizens to vote in any primary or other election for President or Vice, or for Senator or Representative in Congress, shall not be denied by reason of failure to pay any poll tax or other tax

In case of removal of President from office or of his death or resignation, Vice President shall become President (PRESIDENTIAL SUCCESSION)

right of citizens who are 18 years of age or older, to vote shall not be denied on account of age

• -13th Amendment, 14th Amendment, 15th Amendment
• -Civil Rights Act of 1964

• -Voting
• -Sitting on juries
• -Appearing in public places
• -If unemployed, blacks faced being arrested and charged with vagrancy
• -Freedom to choose a type of work was regulated
• -Blacks could not live in towns

• racial separation of many places, including:
• –restaurants, hotels, public transportation, theatres, restrooms, schools

• –Poll taxes
• –Whites-only primaries
• –Grandfather clauses
• –Property owning qualifications 
• –Literacy tests

To avoid the intent of the Fifteenth Amendment

• -pass federal laws and law budget, declare war, establish lower federal courts
• -Executive Branch: impeach president, reject or funding president wants
• -Judicial Branch: change number and jurisdiction of federal courts, impeach federal judges, provides amendments to override judicial decisions

• -enforce federal laws, make foreign treaties, pardon ppl convicted
• -Legislative Branch: call Congress into special session, implement laws passed by Congress
• -Judicial Branch: Appoint federal judges, refuse to implement decisions

• -interpret federal laws and US Constitution, review decisions of lower state and federal courts
• -Legislative Branch: Rule federal and state laws unconstitutional
• -Executive Branch: Declare executive branch actions unconstitutional, chief justice presides over impeachment trials

• •Initiates revenue bills
• •Draws up impeachment charges
• •Deals with tax policy
• •Chooses President if no candidate wins electoral majority

• •Consents on treaties & appointments
• •Tries impeachment cases
• •Deals with foreign policy
• •Chooses VP if no candidate wins electoral majority

• •Appointments
• •Power to meet with Congress
• •Power to Make Treaties
• •use executive agreements more than treaties but cannot violate Constitutional provisions
• •Veto Power

• HOUSE
• •More formal
• •Centralized
• •Stronger leadership
• •Rules Committee –(control over time and rules)
• •Impersonal
• •Members highly specialized

• SENATE
• •Less formal
• •Less centralized
• •Weaker leadership
• •Filibuster –(limited only by cloture vote)
• •More personal
• •Generalists

• HOUSE
• •435 members
• •2 year term

• SENATE
• •100 members
• •6 year term

name recognition, credit claiming, casework, franking privilege, access to media, ease in fund-raising, experience in running a campaign, redistricting

• •The House conducts investigation and drafts Articles of Impeachment for “treason, bribery, or high crimes and misdemeanors”
• •Senate tries case with Chief Justice
• •If two-thirds of Senate votes for Articles, president is removed from office

• –Personality of person holding office
• –Leadership abilities
• –Powers of persuasion
• –Ability to mobilize public opinion to support his actions
• –Public perception of his performance
• –timing of events

• –Established primacy of national government
• –Claimed inherent power of presidency

-argued that the inherent powers of his office allowed him to circumvent the constitution in a time of war or national crisis

• •claimed leadership and agenda-setting power for president and got it
• •shifted president’s powers into a law- and policy making role

George Washington

no

• –(Article II, Section 1) grants President “executive powers.”
• –(Article II, Section 3) directs President to “take care that laws are faithfully executed”

court cannot force compliance with its rulings nor fund programs

• -Framers gave federal judges tenure for life “with good behavior
• -Hamilton argued “independence of judges” was needed to guard Constitution and rights of individuals

• –Supreme Court in which judicial power of US is vested
• –lower courts as Congress may choose to establish
• –original jurisdiction of Supreme Court

• –Delivery of single court decision rather than opinions of individual justices
• –Established principle of Judicial Review in Marbury v. Madison
• –Decided cases that assured that Court was final arbiter of constitutionality
• –Enforced authority of SC to declare state laws unconstitutional

• •Two or more states
• •Ambassadors/diplomats
• •Maritime issues
• –Four % of the Supreme Court’s caseload

• •About 9,000 request annually to hear cases
• •Hears only 75-95 cases yearly

• •2-6 cases only are original jurisdiction cases
• –96% of Supreme Court’s caseload

• –Impeachment Trials: Presides over impeachment trials of President
• –Seniority: Chairs weekly conference where cases are discussed and voted on by the Justices

assigning opinions, once the votes are in

• •involve federal government as a party
• •presenting federal question based on claim under Constitution
• •involving civil suits in which citizens are from different states
• •Unresolved cases can be heard by Courts of Appeals and then Supreme Court

Writ of Certiorari and In forma pauperis

• -Friday Conference (weekly); secret
• •Once petition accepted, schedules oral arguments
• •2/3rds (6) of justices must be present
• •30 min argument given by one lawyer on each side
• •After oral argument Justices
• vote
• •Most senior Justice (majority) assigns task of writing majority opinion.  Majority opinion speaks for final decision of Court
• •Most senior Justice (minority) decides who will write dissenting decision

• Legal: Judicial Philosophy and Precedent
• Extra-legal: behavioral characteristics, ideology, attitudinal model, and public opinion

Judges are nominated by President and confirmed by Senate

• –held previous political office such as prosecutor/state court judge
• –political experience such as running campaign
• –prior judicial experience
• –traditionally been mostly white males
• –been lawyers

• -No constitutional qualifications
• -Ideology/Policy Preferences
• -Pursuit of Political Support
• -Religion
• -Race and gender

• •Rigorous intellect, mastery of law, ability to hone in on key issues, and provide clear answers to complex legal questions
• •Recognition of limits of judicial role

one in which voters decide which of the candidates within a party will represent party in general election

closed, open, blanket, and runoff

one in which voters decide which candidate will actually fill elective public office

538 electoral votes, majority of 270 wins the presidency

The number of electors is determined by the federal representation for each state

• •On Election Day, voters in each state
• cast their ballot for slate of electors
  •slate of electors for presidential ticket that receives most votes is appointed
• •candidate needs to win a majority of electoral votes- 270
• •December, the electors cast their ballots for president & vice president
• •Votes are counted at joint session of Congress

• –Barack Obama – 330 Votes
• –Mitt Romney – 206 Votes

• electoral edge afforded to those already in office achieved through:
• •Higher visibility, Experience, Organization, Fund-raising ability

over 90%

House races can cost over $5 million, Senate races can cost more than $10 million

$2 Billion

Most political money (except Super PACS) is regulated by federal government under Federal Elections Campaign Act of 1971, 1974, and 1976

• -maximum of $47,500 in gifts to all candidates combined each year per two-year cycle
• -up to $78,800 to all PACs and parties each year

national parties and congressional candidates

• -Public funds; donations from tax revenues to campaigns of qualifying candidates
• -Only presidential candidates receive public funds
• -Candidates can apply for federal matching funds for every dollar raised from individuals in amounts less that $251

Citizens United v. Federal Election Commission (2010)

They may raise and spend unlimited sums to overtly advocate for or against political candidates

• –Mitt Romney (R) $25.1 M
• –Barack Obama (D) $18.1 M

40%

too busy, illness/emergency, not interested, out of town, didn't like candidates

• •Income: higher incomes; higher tendency to vote
• •Age: older vote more often than younger
• •Gender: women, higher tendency to vote for Democrats
• •Race: whites tend to vote more than African-Americans
• •Education: No College Degree, some college, postgraduate (Dem) & college for Rep
• •Religion: Jewish vote more for Dem, Protestant for Rep
• •Location: Northeast for Dem, South for Rep
• •Marital Status: married for Rep, single for Dem
• •Ideology: Liberal for Dem, Conservative for Rep

• -Hamilton and Jefferson, as heads of Federalist and Anti-Federalist groups are often considered “fathers” of modern party system
• -South went for Democrats, North went for Republicans

Thomas Jefferson

1860

They helped new immigrants settle in, provided jobs, social services, community events, and gave food and housing to the poor

• -flow of immigrants
• -government taking over important functions
• -World War II

• -to resolve political and social conflicts
• -Mobilizing Support and Gathering Power
• -Force for Stability (moderate public opinion)
• -recruit candidates for political office
• -provide organization, money, and people to run election campaigns
• -Policy Formulation and Promotion

• –Sectionalism (Dixiecrats)
• –Economic protest: Believed government should work on behalf of common people
• –Specific issues: Green Party and Environment
• –Ideology: Socialists, Communists
• –Charismatic personalities
• –Failures of major parties

• •Electoral system
• •Dem & Rep in state legislatures protect their interests; automatic place on ballot
• •Legislatures are organized on party basis and aim to perpetuate that arrangement
• •generous public funding of campaigns
• •News media tendencies
• •Voter behavior
• •Can’t win syndrome
• •State laws

•driven by: Growing federal government, Rapidly expanding budget, Rapidly growing debt

• -more concerned about shaping people’s attitudes about where country is going than being involved in political campaigns
• -no: actual “Tea Party”, single leader, party structure, defining issue

• -1500 adults throughout U.S. including 881 who said they were supporters
• Demographics: men (59%), white (89%), age 45+ (75%), college students (37%)

Tea Party will help the Republicans

• -To give voice to public
• –To give members sense of political power through participation
• –To inform and educate public concerning their issues
• –To give focus to issues that are often ignored
• –To assess effectiveness of government programs

-lobbying or seeking to influence and persuade others to support your group's position

• someone whose task it is to influence legislation or policy-making
• -Inside lobbying refers to appeals directly to lawmakers and legislative staffs
• -Outside lobbying is attempt to influence decision makers indirectly

• -Direct Techniques: Lobbying; private
• meetings, drafting legislation, Donating $
• -Indirect Techniques: Generating Public Pressure

-to try to influence policy at formulation and implementation stages of process

• -Many court cases are either sponsored by an interest group
• -also attempt to influence judicial appoints seeking judges who might be sympathetic
• to their issues

• •Interest groups mobilize individuals at grassroots through door-to-door campaigns or petition drives
• •Automated telephone calls and Internet lobbying are popular

• (There is no one thing that makes an interest group successful)
• –If goal is to affect policy-making, access to policy makers is critical
• –Reliable information
• –Leadership Skills and Prestige
• –Power in numbers
• –Group Unity
• –Money: more success; funding critical
• –Groups defending status quo more successful

$3.30 Billion, 12,389 lobbyists

• Lobbying Disclosure Act 1995
• -registers with Clerk of House, report clients and issues and agency they lobbied, and estimate amount they're paid by each client

government-to-industry, government-to-lobbying and industry-to-government

• –Strengthens public disclosure requirements concerning lobbying activity and funding
• –Places more restrictions on gifts for members of Congress and their staffs
• –Provisions for mandatory disclosure of earmarks or expenditure bills