Gov Test 4

US system of determining president

• population and equal representation
• House seats + Senate seats

3; 23

• popular vote
• Nebraska and Maine

26

pledge to vote for a person and change vote or don't vote; not always on purpose

• head of state
• -military authority (when/where to use military force)
• -judicial authority (granting pardons/reprieves)
• -diplomatic (sending/receiving diplomats)

• executive (appointing officials, seeing laws implemented)
• military (military force/personnel used domestically)
• legislative (recommend legislation)
• veto
• executive (nominate people to offices)

• traditional
• pocket: a president doesn't sign a bill in 10 days and congress goes out of session

ability to strike out PARTS of a law

specifies when the P elect and VP elect will begin/end terms (Jan 20)

no person can be elected to president more than 2 terms

max years prest - 10

order of succession if P and VP die

• President
• Vice President
• Speaker of the house
• President pro temp of Senate
• Cabinet offices (Secretary of State and then departments in order of establishment)

the one cabinet person not at a meeting with everyone else just in case everyone dies

beurocracy; hierarchy arranged organization with subunits with specialized functions

• confirmed by congress
• need funding (look to congress)

secretary

department of justice - attorney general heads

• white house staff
• chief of state

• Congressional commitees making sure beaurocracy doing job
• police patrol over sight
• fire alarm oversight

constant monitoring (people know when it'll happen so they modify behavior)

random, unplanned monitoring

beurocratic and congressional committee are in arragemet with agency they are regulating

• looks like iron triangle (same three groups)
• agency has all the power so beaurocracy isn't really monitoring

• Andrew Hamilton
• defends judicial construction

• unelected
• there as long as they want
• (people don't put them in office and can't get them out)

• it is weak
• to be good it must be kept away from politics
• "armed with neither the purse (Senate) or the sword (President)"

first black on court (liberal)

second black; replaced Marshall (conservative)

first female

2nd female and jewish

3rd woman and hispanic

textual (look at what Constitution and previous cases say)

original intent (what was MEANT by Constitution - look at federalist papers, memoires, etc.)

normative (use own beliefs)

• holding (typical)
• opinion of court
• majority of opinion

written by people in the majority; anyone who agrees with end result but not reason for

written by minority; people again official opinion of court

laws protecting certain groups of people with certain protective characteristics

laws that let you live how you want

not WHO but WHAT

ended slavery

all rights of people born in US goes for everyone (gave all rights - except voting)

right to vote (1870)

1892; established seperate but equal

• five cases
• brown's was about how far his daughter had to walk to school
• "seperate is inherently unequal"

1920; women voting rights

• ex. flag burning
• protected

• protected
• not protected from EFFECTS of behavior

obscene speech NOT protected

• would average person looking at the work as a whole find it obscene?
• does it describe/depict in an offensive way sexual acts or excretory function?
• slap test (does it lack serious literary/artistic/political/scientific value?)