AP GOV’T REVIEW
• 1. PURPOSE OF GOVERNMENT IS TO MAINTAIN ORDER, PROVIDE FOR THE PUBLIC
GOOD & PROMOTING EQUALITY
• 2. DIRECT (PARTICIPATORY) DEMOCRACY CITIZENS RULE THEMSELVES RATHER THAN
ELECTING REPRESENTATIVES TO GOVERN ON THEIR BEHALF. SMALL NE TOWN. INDIRECT
(REPRESENTATIVE) DEMOCRACY CITIZENS ELECT PUBLIC OFFICIALS TO GOVERN ON
THEIR BEHALF. I.E. UNITED STATES CONGRESS
• 3. GOVERNMENT DEPENDS UPON THE CONSENT OF THE GOVERNED
• PLURALIST – GOV’T BY THE PEOPLE COMPETING THROUGH INTEREST GROUPS I.E. NAACP
COULD NOT GET CONGRESS TO OUTLAW SEGREGATED SCHOOLS SO TURNED TO
FEDERAL COURT SYSTEM TO DO WHAT CONGRESS COULD/WOULD NOT.
• ELITE THEORY – SMALL WEALTHY MINORITY MAKE THE MOST IMPORTANT GOV’T
DECISIONS. I.E. A FEW INDIVIDUALS WIELD POWER IN AMERICA BC THEY CONTROL ITS
KEY FINANCIAL, COMMUNICATIONS, INDUSTRIAL, AND GOV’T INSTITUTIONS.
• HYPERPLURALISM – SEVERAL GROUPS HAVE BECOME SO STRONG THAT THE GOV’T
CAN’T CONTROL THEM. EXTREME FORM OF PLURALISM. I.E. ABORTION AND GAY
MARRIAGE. MANY STATES ARE PASSING THEM W/ INFLUENCE FROM KEY GROUPS
• 5. FAMILY TENDS TO BE IMPORTANT AGENT OF EARLY SOCIALIZATION. SCHOOL HAS EQUAL INFLUENCE,
ELEMENTARY – PATRIOTIC RITUALS SECONDARY – GOOD CITIZENSHIP, COMMUNITY/PEERS – NOT AS
MUCH BUT COULD IF THE COMMUNITY IS HOMOGENEOUS
• 6. AGENDA SETTING - BEFORE A POLICY CAN BE CREATED, A PROBLEM MUST EXIST THAT IS CALLED TO
THE ATTENTION OF THE GOVERNMENT.
• POLICY FORMULATION MEANS COMING UP WITH AN APPROACH TO SOLVING A PROBLEM. CONGRESS,
THE EXECUTIVE BRANCH, THE COURTS, AND INTEREST GROUPS MAY BE INVOLVED. CONTRADICTORY
PROPOSALS ARE OFTEN MADE. THE PRESIDENT MAY HAVE ONE APPROACH TO IMMIGRATION REFORM,
AND THE OPPOSITION-PARTY MEMBERS OF CONGRESS MAY HAVE ANOTHER. POLICY FORMULATION
HAS A TANGIBLE OUTCOME: A BILL GOES BEFORE CONGRESS OR A REGULATORY AGENCY DRAFTS
PROPOSED RULES.
• THE IMPLEMENTATION OR CARRYING OUT OF POLICY IS MOST OFTEN ACCOMPLISHED BY INSTITUTIONS
OTHER THAN THOSE THAT FORMULATED AND ADOPTED IT. A STATUTE USUALLY PROVIDES JUST A BROAD
OUTLINE OF A POLICY. FOR EXAMPLE, CONGRESS MAY MANDATE IMPROVED WATER QUALITY
STANDARDS, BUT THE ENVIRONMENTAL PROTECTION AGENCY (EPA) PROVIDES THE DETAILS ON THOSE
STANDARDS AND THE PROCEDURES FOR MEASURING COMPLIANCE THROUGH REGULATIONS.
• EVALUATION MEANS DETERMINING HOW WELL A POLICY IS WORKING, AND IT IS NOT AN EASY TASK. PEOPLE INSIDE
AND OUTSIDE OF GOVERNMENT TYPICALLY USE COST-BENEFIT ANALYSISTO TRY TO FIND THE ANSWER. IN OTHER WORDS,
IF THE GOVERNMENT IS SPENDING X BILLIONS OF DOLLARS ON THIS POLICY, ARE THE BENEFITS DERIVED FROM IT WORTH
THE EXPENDITURE?
• 7. HOBBES – LIFE WAS NASTY BRUTISH AND SHORT. COMPLETE OBEDIENCE TO
GOV’T’S STRICT LAWS A SMALL PRICE TO PAY FOR THE SECURITY OF LIVING IN A
CIVIL SOCIETY.
• LOCKE – SOCIAL CONTRACT THEORY. GOV’T IS THERE TO PROTECT THE GOD
GIVEN RIGHTS FOR PEOPLE. IF THE GOV’T TAKES AWAY THESE RIGHTS PEOPLE
HAVE THE RIGHT TO RESIST OR REMOVE RULERS WHO VIOLATE THESE PURPOSES.
• 8. @ HOME
• 9. POWERS OF CENTRAL GOV’T – COULD COORDINATE ACTIONS OF THE
SOVEREIGN STATES. GAVE ONE VOTE IN CONGRESS TO EACH STATE 9 OF 13
VOTES NEEDED TO PASS LEGISLATION. POWERLESS ESSENTIALLY
• 10. NATIONAL GOV’T DID NOT HAVE THE POWER TO TAX
• HAD NO INDEPENDENT LEADERSHIP POSITION TO DIRECT THE GOVERNMENT
• DID NOT ALLOW THE NATIONAL GOV’T TO REGULATE INTERSTATE AND FOREIGN
COMMERCE
• COULD NOT AMEND THE ARTICLES WITHOUT AGREEMENT OF ALL 13 STATE
LEGISLATURES, EACH STATE ESSENTIALLY HAD THE VETO POWER.
• 11. SHOWED ECONOMIC PROBLEMS THE US HAD. WANTED TO RESTRICT FOREIGN
IMPORTS BUT BLOCKED BY STATES EXPORTING. MANY PEOPLE FACED FORECLOSURE
INCLUDING FARMERS. ONCE THEY REBELLED NO ARMY TO PUT THEM DOWN AND ONCE
CONGRESS APPROVED $530 K FOR A NATIONAL ARMY VIRGINIA VETOED IT.
• 12. WHAT DID MADISON SAY ABOUT FACTIONS IN FEDERALIST NO. 10
• 13. CONNECTICUT COMPROMISE – “GREAT COMPROMISE” SMALL VS. LARGE STATES
AND REPRESENTATION IN CONGRESS
• 14. SLAVES COUNTED AS 3/5 REPRESENTATION IN THE HOR, GAVE SLAVE STATES
LARGER REPRESENTATION IN CONGRESS. HAD THEY BEEN ALLOWED TO COUNT SLAVES
AS 1 PERSON THEY WOULD HAVE HAD 50% OF THE SEATS IN THE HOUSE. HAD THEY
NOT COUNTED AT ALL THEY WOULD HAVE HAD 41% SEATS IN THE HOUSE. WITH 3/5
SLAVES STATES HELD 47% SEATS IN THE HOUSE.
• 3/5 CLAUSE GAVE SLAVE STATES GREATER INFLUENCE IN SELECTING THE PRESIDENT BC
OF THE ELECTORAL COLLEGE IS BASED ON NUMBER OF PEOPLE. ALSO UNDERTAXED
STATES WITH SLAVE POPULATIONS.
• 15. WHAT IS SOVEREIGNTY?
• LIMITED GOVERNMENT?
• LEGALIZED FORCE IS RESTRICTED THROUGH DELEGATED AND ENUMERATED
POWERS. I.E. - U.S. CONSTITUTION, AND BILL OF RIGHTS, DESIGNED TO LIMIT
GOVERNMENT’S ROLE IN INDIVIDUAL LIBERTY AND PROTECT PRIVATE PROPERTY
• SEPARATION OF POWERS?
• CHECKS & BALANCES?
• JUDICIAL REVIEW?
• POWER OF FEDERAL COURTS TO DECLARE LAWS OF CONGRESS AND ACTS OF
THE EXECUTIVE BRANCH VOID AND UNENFORCEABLE IF THEY ARE JUDGED TO BE
IN CONFLICT WITH THE CONSTITUTION.
• FEDERALISM?
• 16. WRIT OF HABEAS CORPUS – AN ORDER TO PRODUCE AN ARRESTED PERSON
BEFORE A JUDGE. (MAY NOT BE SUSPENDED EXCEPT DURING INVASION OR
REBELLION)
• BILL OF ATTAINDER – LAW THAT DECLARES A PERSON, WITHOUT A TRIAL, TO BE
GUILTY OF A CRIME. MAY NOT BE PASSED BY CONGRESS OR THE STATES.
• EX POST FACTO LAW – LAW THAT MAKES AN ACT CRIMINAL ALTHOUGH THE ACT
WAS LEGAL WHEN IT WAS COMMITTED. MAY NOT BE PASSED BY CONGRESS OR
THE STATES.
• 17. FULL FAITH AND CREDIT CLAUSE – STATES MUST GIVE FAITH OR ENFORCE THE LEGAL
ACTS OF EVERY OTHER STATE
• SUPREMACY CLAUSE – THE CONSTITUTION, LAWS PASSED BY CONGRESS, AND TREATIES
OF THE UNITED STATES SHALL BE THE SUPREME LAW OF THE LAND. I.E. NATIONAL LAW IS
SUPREME OVER STATE LAW IF THEY OPPOSE EACH OTHER.
• 18. WHY DID MANY STATES WANT THE US CONSTITUTION TO INCLUDE A BILL OF
RIGHTS?
• 19. HOW DID THESE CASES SHAPE THE EVOLUTION OF BOR
• BARRON V. BALTIMORE – CITY HAD TAKEN AWAY HIS PRIVATE PROP, LIMITING HIS 5TH
AMENDMENT. SUPREME COURT RULED WITH APPELLATE COURT THAT IT DID NOT APPLY
TO THE STATE GOV’T. THEY HAD DRAFTED THEIR OWN CONSTITUTIONS FOR THEIR OWN
STATES. U.S. CONSTITUTION APPLIED TO FEDERAL GOVERNMENT
• GITLOW V. NY – SPREAD ANTI – GOVERNMENT MATERIAL. VIOLATED A LAW AGAINST
SPREADING ANTI-GOVERNMENT MATERIAL IN NY. DECIDED HE WAS ARRESTED
CORRECTLY BECAUSE HE BROKE THE LAW, NY DID VIOLATE HIS 1ST AMENDMENT TO
FREE SPEECH AS LONG AS THEY ARE IN THE LEGAL BOUNDS OF WHAT THEY ARE SAYING
, HE WAS NOT.
•
•
•
•
•
20. & 21. RIGHT NOW IN CLASS (EACH PERSON SUM UP THEIR AMENDMENT QUICKLY)
22. WHAT IS FEDERALISM?
23. WHY DID THE FOUNDERS FEEL THAT DIVIDING THE POWER WAS NECESSARY?
24. DUAL FEDERALISM V. COOPERATIVE FEDERALISM .
25. DECENTRALIZATION – THE PROCESS OF REDISTRIBUTING OR DISPERSING
FUNCTIONS, POWERS, PEOPLE OR THINGS AWAY FROM A CENTRAL LOCATION OR
AUTHORITY
• HOW DOES FEDERALISM DISPLAY DECENTRALIZATION?
• 26. ENUMERATED – POWERS GIVEN TO CONGRESS AS STATED IN THE CONSTITUTION
• IMPLIED – POWERS GIVEN SO THAT IT MAY EXERCISE ITS ENUMERATED POWERS. ELASTIC
CLAUSE
• INHERENT – POWERS GIVEN BC YOU ARE A GOV’T, TYPICALLY INFERRED
CONSTITUTION
• RESERVED – POWERS RESERVED FOR THE STATE
• CONCURRENT – POWERS SHARED BY NATIONAL AND STATE GOV’TS
FROM THE
• 27. WHY IS THE NECESSARY AND PROPER CALLED THE "ELASTIC CLAUSE"?
• 28. WHAT WAS THE PRECEDENT SET IN THE SUPREME COURT CASE
MCCOLLOUGH V. MARYLAND?
• 29. GIBBONS V. OGDEN, INTERPRETED THE COMMERCE CLAUSE OF THE U.S.
INTERPRETING THE WORD COMMERCE BROADLY TO INCLUDE VIRTUALLY EVERY
FORM OF COMMERCIAL ACTIVITY. GAVE NATION MORE POWER
• 30. WHY IS COOPERATIVE FEDERALISM REFERRED TO MARBLE CAKE FEDERALISM
(SEE PREV. PICTURE).
• 31. EXAMPLE OF HOW THE U.S. HAS BECOME MORE COOPERATIVE?
• 32. FISCAL FEDERALISM - IT IS THE NAME GIVEN TO A SYSTEM OF FINANCIAL
TRANSFERS BETWEEN THE FEDERAL AND STATE AND LOCAL GOVERNMENTS TO
PURSUE POLICY INITIATIVES.
• 33. CARROT & STICK METAPHOR - THE "CARROT AND STICK" APPROACH (ALSO "CARROT OR
STICK APPROACH") IS AN IDIOM THAT REFERS TO A POLICY OF OFFERING A COMBINATION OF
REWARDS AND PUNISHMENT TO INDUCE BEHAVIOR. IT IS NAMED IN REFERENCE TO A CART
DRIVER DANGLING A CARROT IN FRONT OF A MULE AND HOLDING A STICK BEHIND IT. THE
MULE WOULD MOVE TOWARDS THE CARROT BECAUSE IT WANTS THE REWARD OF FOOD, WHILE
ALSO MOVING AWAY FROM THE STICK BEHIND IT, SINCE IT DOES NOT WANT THE PUNISHMENT
OF PAIN, THUS DRAWING THE CART.
• 34.GRANT IN AID(ADD TO REVIEW) - MONEY PAID BY ONE LEVEL OF GOVERNMENT TO
ANOTHER LEVEL TO BE SPENT FOR A GIVEN PURPOSE.
• CATEGORICAL GRANTS - TARGET SPECIFIC PURPOSES, AND RESTRICTION ON THEIR USE
TYPICALLY LEAVE THE RECIPIENT GOVERNMENT RELATIVELY LITTLE FORMAL DISCRETION.
• FORMULA GRANTS - A CATEGORICAL GRANT THAT IS DISTRIBUTED ACCORDING TO SPECIFIC
SETS OF RULES OR FORMULAS THAT DEFINE WHO IS ELIGIBLE FOR THE GRANT AND HOW MUCH
THE ELIGIBLE PERSON MAY RECEIVE.
• PROJECT GRANTS - THE MAJORITY OF GRANTS; AWARDED ON THE BASIS OF COMPETITIVE
APPLICATIONS SUBMITTED BY PROSPECTIVE RECIPIENTS TO PERFORM A SPECIFIC TASK OR
FUNCTION.
• BLOCK GRANTS - OPPOSITE OF CATEGORICAL GRANTS, GRANTS-IN-AID AWARDED FOR
GENERAL, BROAD PURPOSES.
• 35. UNFUNDED MANDATE - IMPOSING REQUIREMENTS WITHOUT PROVIDING THE
FINANCIAL SUPPORT NEEDED TO SATISFY THEM. HOW DOES NO CHILD LEFT BEHIND
EXEMPLIFY THE MEANING OF AN UNFUNDED MANDATE?
• BECAUSE STATES ARE REQUIRED TO FULFILL EXTENSIVE ACCOUNTABILITY REQUIREMENTS
TO RECEIVE NCLB FUNDING, THEY HAVE ARGUED, UNSUCCESSFULLY, THAT NCLB IS
AN "UNFUNDED MANDATE." FOR EXAMPLE, THE STATE OF CONNECTICUT SUED THE
FEDERAL GOVERNMENT IN 2005 FOR ALLEGEDLY REQUIRING THE STATE TO SPEND
MILLIONS OF STATE DOLLARS ON ADDITIONAL NCLB TESTING. A FEDERAL JUDGE
DISMISSED CONNECTICUT'S LAWSUIT ON JURISDICTIONAL GROUNDS, EFFECTIVELY
ENDING THE STATE'S CHALLENGE.
• HOWEVER, NCLB DOES NOT MANDATE THAT STATES PARTICIPATE IN THE PROGRAM.
ALL REQUIREMENTS ARE A CONDITION OF FUNDS. WHILE A STATE MAY STRUGGLE
FINANCIALLY WITHOUT FEDERAL EDUCATION FUNDING, IT COULD CHOOSE TO OPT OUT
OF NCLB AND THE REQUIREMENTS IT INCLUDES. AS A RESULT, IT IS INACCURATE TO
REFER TO NCLB AS AN "UNFUNDED MANDATE." THE LAW'S REQUIREMENTS ONLY APPLY
TO THOSE STATES THAT VOLUNTARILY ELECT TO PARTICIPATE.
•
STATES THAT VOLUNTARILY ELECT TO PARTICIPATE.
• 36. DEVOLUTION - IDEA THAT AIMED TO PASS ON TO THE STATES MANY FEDERAL
FUNCTIONS. REAGAN, BUSH, CLINTON ALL TRIED TO PUSH THIS THROUGH CONGRESS.
•
THE TRANSFER OR DELEGATION OF POWER TO A LOWER LEVEL, ESPECIALLY BY CENTRAL
GOVERNMENT TO LOCAL OR REGIONAL ADMINISTRATION.
• 37. 4 FUNCTIONS OF POLITICAL PARTIES
• NOMINATING CANDIDATES
• STRUCTURING THE VOTING CHOICE - REDUCING THE NUMBER OF CANDIDATES
BALLOT TO THOSE WHO HAVE A REALISTIC CHANCE OF WINNING.
ON THE
• PROPOSING ALTERNATIVE GOVERNMENT PROGRAMS - GENERAL POLICIES THE
CANDIDATES WILL CHOOSE IF THEY ARE ELECTED
• COORDINATING
THE ACTIONS OF GOVERNMENT OFFICIALS - HELP BRIDGE THE GAP
BETWEEN THE PRESIDENT AND THE LEADERS OF THE HOUSE AND SENATE ON POLICY
MATTERS.
• 38. PARTISANSHIP - DIVIDED
GOV'T
• 39. ROLE OF THIRD PARTIES TO EXPRESS SOME VOTERS' DISCONTENT
WITH CHOICES
OFFERED BY THE MAJOR PARTIES AND TO WORK FOR THEIR OWN OBJECTIVES WITHIN
THE ELECTORAL SYSTEM.
• 40. HOW DOES THE AMERICAN POLITICAL SYSTEM LIMIT THRID PARTIES?
• 41. HOW ARE THEY SPOILERS IN ELECTIONS. I.E. DEMOCRATS AGAINST LINCOLN.
• 42. DO @ HOME
• 43. PURPOSE OF PRIMARY ELECTIONS IS TO SELECT THE CANDIDATES
FOR OFFICE IN A SUBSEQUENT ELECTION.
• 44. WHAT IS A POLITICAL MACHINE?
•
PROS?
•
CONS?
• 45. DO AT HOME AFTER REVIEWING CHART LATER ON IN REVIEW.
WHO WILL RUN
• 46. TWO KINDS OF PARTY REALIGNMENT
• 1 - A MAJOR PARTY IS SO BADLY DEFEATED THAT IS DISAPPEARS AND A NEW
PARTY EMERGES TO TAKE ITS PLACE. HAPPENED TO BOTH THE FEDERALISTS AND
THE WHIGS.
• 2 - TWO EXISTING PARTIES CONTINUE BUT VOTERS SHIFT THEIR SUPPORT FROM
ONE TO THE OTHER. 1896 & 1932
• 47. DEALIGNMENT- WHERE A MAJORITY OF VOTERS DESERT THEIR PREVIOUS
PARTY ALIGNMENTS. WHY DO MANY FEEL THE US IS IN A CURRENT STATE OF
DEALIGNMENT?
• 48. DO CHART @ HOME.
• 49. POLITICAL EFFICACY - AMOUNT OF IMPACT CITIZENS FEEL THEY HAVE ON
GOV'T. HOW DOES IT AFFECT VOTER INTENSITY?
• 50. INTERNAL IS ONE'S ABILITY TO UNDERSTAND AND INFLUENCE POLITICAL EVENTS.
EXTERNAL IS THE BELIEF THAT GOVERNMENT WILL RESPOND TO IT'S CITIZENS.
• 51. WHICH DEMOGRAPHIC
VOTES MORE, WHICH DEMOGRAPHIC VOTES LESS?
• 52. ADVERTISING
AND TRAVEL COSTS. THE MORE MARKETS YOU CAN GET IN, THE
GREATER THE CHANCE YOU HAVE OF SUCCEEDING BUT THE GREATER COST AS WELL.
• 53. ELECTIONEERING - TAKING PART ACTIVELY AND ENERGETICALLY IN THE ACTIVITIES
OF AN ELECTION CAMPAIGN.
• 54. WHY DO PAC'S BEGIN, WHAT DO PAC'S DO?
• 55. WHAT DO YOU THINK??
• 56. SOFT $ - $ RAISED AND SPENT BY PARTIES FOR ACTIVITIES (DRIVES,
MAILINGS) BUT NOT ON THE CANDIDATE.
REGISTRATIONS,
• MCCAIN FEINGOLD ACT KNOWN AS BIPARTISAN CAMPAIGN FINANCE REFORM ACT
(BCRA 2002) ESSENTIALLY LIMITED SOFT MONEY DONATIONS BUT RAISED THE
AMOUNT OF HARD MONEY YOU COULD GIVE CAMPAIGNS.
• 57. AMOUNT OF HARD MONEY THAT COULD BE GIVEN TO A CANDIDATE (WAS $1,000
IN 1976)
• 58. BIPARTISAN FEDERAL AGENCY THAT OVERSEES
ELECTION CAMPAIGNS.
THE FINANCING OF NATIONAL
• 59. WHAT IS AN INCUMBENT?
• WHY DOES THE HOR HAVE A GREATER REELECTION
RATE THAN THE SENATE? SENATE
USUALLY SEES A BIG SWING IN THE NATIONS MOOD DURING REELECTION. NAME
RECOGNITION DUE TO EVERY 2 YEAR ELECTIONS IN HOR ALSO A BIG PLUS.
• 60. FRANKING?
• PORK-BARREL LEGISLATION?
• JUNKETS - TRIP TAKEN BY A POLITICIAN SEEN AS IMPORTANT AND FOR BUSINESS
HAS MORE TO DO WITH TRAVEL AND LEISURE.
• CREDIT-CLAIMING - PERSONAL/DISTRICT
LEGISLATION
SERVICE. SIMILAR TO PORK BARREL
BUT
• 61. HOR QUALIFICATIONS - 25 YO. CITIZEN 7 YEARS. RESIDENT OF THE STATE
REPRESENTING
• 62. HOW IS DETERMINED HOW MANY SEATS A STATE GETS IN THE HOUSE?
• 63. OUR LEGISLATURE, DISTRICT OF ONE SEAT SENDS WINNER (FIRST PAST THE POST) TO
A BODY OF MULTIPLE PEOPLE.
• 64. MARGINAL DISTRICTS - INCUMBENTS WIN A SEAT TO THE HOR BY LESS 55% VOTE
CLOSE RACE
• SAFE DISTRICTS - INCUMBENTS WIN BY 55% OR MORE VOTES.
• 65. SET UP TWO SENATORS FROM EACH STATE, ELECTED BY THE PEOPLE, FOR SIX
YEARS.
• 66. 30 YO, CITIZEN FOR 9 YEARS. RESIDENT OF STATE REPRESENTING
• 67. WHY WERE THE FRAMERS HESITANT FOR A POPULAR VOTE?
• 68. HOW DOES THE ELECTORAL COLLEGE WORK?
• WINNER-TAKE-ALL?
• 69. PROS/CONS OF ELECTORAL COLLEGE?
• 70. PRIMARY SIMPLY CAST YOUR BALLOT. CAUCUS IS A MEETING WHERE PEOPLE
MEET LOCALLY AND OPENLY DECIDE WHO THEY WILL SUPPORT.
PRIMARY
• 71. CLOSED - MUST REGISTER THEIR CAUCUS
PARTY AFFILIATION TO VOTE
ON THAT
Voting is conducted at local
An election is held/secret
VOTING METHOD
PARTY'S POTENTIAL NOMINEES
. Omeetings
PEN - ANY
OF PARTY
party
and isVOTER
done , REGARDLESS
ballot.
by ,raising
hands
or breaking
REGISTRATION OR AFFILIATION
COULD
CHOOSE
EITHER PARTY'S BALLOT
up into groups.
• 72. GET IT DONE EARLIER IN THE YEAR TO GAIN ATTENTION FROM THE MEDIA
Only members registered with Depends upon the state.
WHO CAN VOTE
AND THE CANDIDATES "NEWthe
HAMPSHIRE
political partyENVY
can "
Some states allow only
participate (if closed system)
• 73. NATIONAL CONVENTION IS WHERE PARTIES
FOR PRESIDENT AND VICE PRESIDENT
registered party members to
NOMINATE
THEIR
CANDIDATE
vote; some
allow
party
registrations on the same day;
some are completely open to
all residents of the state.
• 74. PROS AND CONS OF BEING AN INCUMBENT PRESIDENTIAL CANDIDATE.
Alaska, Colorado, Hawaii,
other states.
STATES
• 75. PROS AND
CONS OF BEING
A CHALLENGER IN A All
PRESIDENTIAL
ELECTION.
Kansas, Maine, Minnesota,
Nevada, North Dakota,
• 76. POPULATION OF THE STATE
Wyoming, Iowa
• 77. REAPPORTIONMENT - REDISTRIBUTION OF REPRESENTATIVES AMONG THE STATES. BASED
ON POPULATION CHANGE IN THE HOR AFTER EACH CENSUS. 2010 UTAH INCREASED
• 78. ADD PACKING/CRACKING DEFINITIONS.
• PACKING – REDISTRICTING THAT PACKS ALL SEATS INTO ONE AREA/YOUR PARTY LOSES SEATS
IN THAT AREA, BUT YOU DOMINATE THE SURROUNDING AREA
• CRACKING- SPREADING VOTERS OF ONE TYPE OVER MANY DISTRICTS WHERE THEY WILL
COMPRISE MINORITIES THAT ARE UNABLE TO INFLUENCE ELECTIONS
• WHY IS GERRYMANDERING SO CONTROVERSIAL, REGULATIONS @ HOME (2)
• 1- MUST HAVE EQUAL POPULATION IN THE DISTRICTS
• 2 – SECTION 2 OF VOTING RIGHTS ACT OF ‘65 STATES THAT DISTRICT LINES MUST NOT DILUTE
THE VOTING POWER OF RACIAL OR ETHNIC MINORITY GROUPS
• 79. GERRYMANDERING SUPREME CT CASES , SHAW V. RENO, VIETH V. JUBELIRER DO @
HOME
• 80. HIERARCHY OF LEADERSHIP IN HOR
• 81. WHY ARE COMMITTEES AN IMPORTANT ELEMENT IN THE HOR?
• 82. STANDING COMMITTEES – PERMANENT BODIES WITH SPECIFIC
RESPONSIBILITIES SPELLED OUT IN THE SENATE’S OFFICIAL RULES
• JOINT COMMITTEE – MADE UP OF BOTH MEMBERS OF BOTH CHAMBERS OF
LEGISLATURE.
• CONFERENCE COMMITTEE – RESOLVES DIFFERENCES BETWEEN THE TWO
CHAMBERS. GENERALLY TO RESOLVE DISAGREEMENTS ON A PARTICULAR BILL
• SELECT OR SPECIAL COMMITTEE – A SMALL NUMBER OF MEMBERS APPOINTED TO
DEAL WITH PARTICULAR AREAS OR ISSUES
• 83. IRON TRIANGLE - CLOSE RELATIONSHIP BETWEEN AN AGENCY, A
CONGRESSIONAL COMMITTEE AND AN INTEREST GROUP. I.E DEPT OF VA,
HOUSE COMMITTEE ON VA AND VETERAN ORGANIZATIONS
• 84. PROS AND CONS OF IRON TRIANGLES
• 85. DIFFERENCES THAT DISTINGUISH SENATE FROM THE HOUSE
• 86. HIERARCHY OF LEADERSHIP IN THE SENATE, WHO HAS THE REAL POWER?
• 87. TRY ALL IMPEACHMENTS, MAKE TREATIES, DECLARE WAR
• 88. FILIBUSTER? WHY DO THEY ONLY HAPPEN IN THE SENATE? HOW CAN A
FILIBUSTER BE BROKEN?
• 89. DO @ HOME
• 90. DO @ HOME
• 91. 3 OPTIONS PRESIDENT CAN TAKE AFTER CONGRESS HAS PASSED A BILL.
• PASS AND MAKE A LAW
• POCKET VETO - IGNORE IT FOR 10 DAYS AND BECOMES LAW ANYWAYS
• VETO
• 92. HOW CAN THE SUPREME COURT AFFECT A LAW?
• 93. NO PERSON EXCEPT A NATURAL BORN CITIZEN, OR A CITIZEN OF THE UNITED
STATES, AT THE TIME OF THE ADOPTION OF THIS CONSTITUTION, SHALL BE ELIGIBLE
TO THE OFFICE OF PRESIDENT; NEITHER SHALL ANY PERSON BE ELIGIBLE TO THAT
OFFICE WHO SHALL NOT HAVE ATTAINED TO THE AGE OF THIRTY-FIVE YEARS, AND
BEEN FOURTEEN YEARS A RESIDENT WITHIN THE UNITED STATES.
• 94. PRESIDENTIAL SUCCESSION AMENDMENT ALSO PRESIDENTIAL DISABILITY
• 95. PURPOSE OF 25TH AMENDMENT??? PRESIDENTIAL SUCCESSION, NIXON IS A
GOOD ONE
• 96. ONE EXAMPLE
• 97. 2 TERM , 10 YEAR LIMIT FOR PRESIDENT
• 98. DO @ HOME
• 99. VP IS PRESIDENT OF THE SENATE AND PRESIDES OVER IT, CASTS A VOTE WHEN
THERE IS A TIE
• ASSUMES ROLE OF PRESIDENT IN MATTERS OF DEATH, IMPEACHMENT, OR
INCAPACITATION OF THE PRESIDENT
• 100. COATTAILS - THE ALLEGED TENDENCY OF CANDIDATES TO WIN MORE VOTES
IN AN ELECTION BECAUSE OF THE PRESENCE OF A BETTER KNOWN CANDIDATE SUCH
AS THE PRESIDENT.
• 101. WHEN JIMMY CARTER TOLD CONGRESS HE WOULD VETO BILLS
CONTAINING UNNECESSARY “PORK BARREL” PUBLIC WORKS PROJECTS, HE WAS
ATTEMPTING TO ACT IN THE NATIONAL INTEREST, YET HE ANTAGONIZED MEMBERS
OF CONGRESS (EVEN MEMBERS OF HIS OWN PARTY), WHO DELAYED WORKING
ON MUCH OF HIS LEGISLATIVE PROGRAM IN RETALIATION UNTIL CARTER GAVE IN
AND APPROVED THEIR PET PROJECTS
• 102. PARDON - CAN PARDON/FORGIVE INDIVIDUALS WHO HAVE COMMITTED
"OFFENSES AGAINST THE UNITED STATES, EXCEPT IN CASES OF IMPEACHMENT."
• REPRIEVE - A CANCELLATION OF POSTPONEMENT OF PUNISHMENT
• MOST FAMOUS PARDON IN US POLITICAL HISTORY?
• A MONTH AFTER BECOMING PRESIDENT FORD GRANTED PRIVATE CITIZEN
RICHARD NIXON AN UNCONDITIONAL PARDON FOR ALL CRIMES THAT HE MAY
HAVE COMMITTED.
• 103. OMB – FEDERAL AGENCY THAT COMPILES AND REVIEWS BUDGET FIGURES
ON THE PRESIDENT’S BEHALF
• NSC – A GOVERNMENTAL BODY SPECIFICALLY DESIGNED TO ASSIST THE
PRESIDENT IN INTEGRATING ALL SPHERES OF NATIONAL SECURITY POLICY
• CEA – A GROUP OF ECONOMIC ADVISER APPOINTED BY THE PRESIDENT TO HELP
FORMULATE ECONOMIC POLICY
• 104. CHIEF OF STAFF, UNQUESTIONED LEADER OF THE STAFF. RUN THE WHOLE
OPERATION FOR THE PRESIDENT. ADMINISTER WHAT HAPPENS IN THE WHITE
HOUSE
• 105. WHY IS THE BEGINNING OF A TERM CONSIDERED A HONEYMOON PHASE?
• 106. WHAT FACTORS CAUSE TO A PRESIDENT TO HAVE POSITIVE PUBLIC OPINION POLL
FIGURES?
• MEDIA, GOOD ECONOMY AT THE TIME, WAR
• 107. JOHNSON & VIETNAM, BUSH AND IRAQ YEARS AFTER 9/11, NIXON AND
WATERGATE
• 108. WHY IS POLLING AN IMPORTANT PART OF THE US POLITICAL SYSTEM?
• CAPTURE THE OPINION OF MILLIONS OF PEOPLE
• 109. EXIT POLLS - INTERVIEWS WITH RANDOMLY SELECTED VOTERS CONDUCTED AT
POLLING PLACES ON ELECTION DAY IN A REPRESENTATIVE SAMPLE OF VOTING
DISTRICTS.
• PROS - GET OPINIONS , USUALLY VERY ACCURATE
• CONS - SOMETIME SAMPLING ERRORS, VERY HARD FOR POLLSTERS TO PREDICT THE
WINNER IN A CLOSE ELECTION. LARGE SAMPLE SIZE FOR EVERY 500,000 POLLSTERS
NEED TO MAKE ABOUT 15,000 TELEPHONE CALLS
• 110. ACTS AS A SPOKESPERSON FOR THE PRESIDENT, MEETS WITH THE PRESS.
HE/SHE IS RESPONSIBLE FOR COMMUNICATING THE PRESIDENT’S REACTIONS TO
WORLD EVENTS, AS WELL AS PROVIDING INFORMATION ABOUT ACTIONS OF THE
WHITE HOUSE AND THE PRESIDENT’S ADMINISTRATION.
• 111. WHY DO PRESIDENT'S NEED TO WORRY ABOUT THEIR PUBLIC IMAGE?
• 112. THE PRESIDENT'S PROPOSAL TO THE U.S. CONGRESS WHICH RECOMMENDS
FUNDING LEVELS FOR THE NEXT FISCAL YEAR, BEGINNING OCTOBER 1.
• 113. OMB (OFFICE OF MANAGEMENT AND BUDGET) MOST OWERFUL
DOMESTIC AGENCY IN THE BUREAUCRACY, DIRECTOR ATTENDS MEETING WITH THE
PRESIDENT'S CABINET. OMB INITIATES THE BUDGET PROCESS EACH SPRING AND
REQUESTS FROM EVERY GOV'T AGENCY ON HOW MUCH MONEY THEY WILL NEED
FOR THE NEXT FISCAL YEAR. ESSENTIALLY PREPARE AND SUBMIT THE BUDGET FOR
THE PRESIDENT.
• 114. TAXES, SPECIFICALLY INCOME AND PAYROLL TAXES.
• 115. A BUDGET SURPLUS MIGHT BE USED TO PAY OFF DEBT, SAVE FOR THE FUTURE,
OR TO MAKE A DESIRED PURCHASE THAT HAS BEEN DELAYED. A CITY
GOVERNMENT THAT HAD A SURPLUS MIGHT USE THE MONEY TO MAKE
IMPROVEMENTS TO A RUN-DOWN PARK, FOR EXAMPLE.
• 116. WHEN THE GOVERNMENT SPENDS MORE THAN IT MAKES OR TAKES IN FROM
TAXES. NATIONAL DEBT GROWS.
• 117. 62% OF THE FEDERAL BUDGET GOES TO ENTITLEMENTS. MAJOR
ENTITLEMENTS (SOCIAL SECURITY, MEDICARE, MEDICAID, CHILDREN'S HEALTH
INSURANCE PROGRAM, OBAMACARE ). FIXED EXPENSES ARE EXPENSES THAT
HAVE TO BE PAID LIKE SALARIES. ENTITLEMENTS ARE ESSENTIALLY SALARIES THAT
HAVE TO BE PAID OUT.
• 118. DO @ HOME
• 119. BUDGET & ACCOUNTING ACT OF 1921
• 120. PROS – SPECIALIZATION YIELDS EFFICIENCY, RULES LEAD TO CONSTANT
DECISIONS
• CONS – WORKERS LOSE TOUCH WITH CONSTITUENTS, FIXED PROCEDURES BECOME
ENDS UNTO THEMSELVES
• 121. CIVILIAN WORKFORCE WORKING FOR THE GOVERNMENT.
• 122. REGULATORY AGENCY, INDEPENDENT GOVERNMENTAL COMMISSION ESTABLISHED BY
LEGISLATIVE ACT IN ORDER TO SET STANDARDS IN A SPECIFIC FIELD OF ACTIVITY, OR
OPERATIONS, IN THE PRIVATE SECTOR OF THE ECONOMY AND TO THEN ENFORCE THOSE
STANDARDS.
• QUASI-LEGISLATIVE - BECAUSE WHILE THE MUNICIPAL OFFICERS OF SOME AGENCIES HAVE
BROAD EXECUTIVE POWERS, THEIR LEGISLATIVE, OR LAW-MAKING, POWERS ARE LIMITED TO
WHAT IS GRANTED BY EITHER STATE LAW OR LOCAL CHARTER OR ORDINANCE. IN OTHER
WORDS, THEY HAVE NO INHERENT RIGHT TO LEGISLATE. SAME GOES FOR EXECUTIVE AND
JUDICIAL.
• QUASI-JUDICIAL AGENCIES MAKE UP FOR THAT LACK OF POWER BY GIVING SOME AGENCIES
THE RIGHT TO TAKE ACTION.
• 123. EXEC. AGENCY IS PART OF A GOVT DEPARTMENT TO CARRY OUT SOME PART OF THE
EXECUTIVE FUNCTIONS. I.E. OFFICE OF MANAGEMENT AND BUDGET, NSC
• REGULATORY AGENCY - ESTABLISHED BY A SEPARATE STATUTE OF THE U.S. CONGRESS AND
DEFINES WHAT GOALS THE AGENCY MUST WORK TOWARDS AND WHAT AREAS, IF ANY, THEY
HAVE RULEMAKING POWER. I.E. EPA, CONSUMER PRODUCT SAFETY COMMISSION
• 124. THE “THE SPOILS SYSTEM”/OR POLITICAL PATRONAGE. PRESIDENT GARFIELD WAS
SHOT BY A MAN WHO FELT HE DESERVED A JOB FOR HIS EFFORTS IN HELPING GET
GARFIELD ELECTED TO OFFICE.
• 125. THE HATCH ACT PASSED BY CONGRESS IN 1939 MADE IT ILLEGAL FOR FEDERAL
CIVIL SERVICE EMPLOYEES TO TAKE AN ACTIVE PART IN POLITICAL MANAGEMENT OR
POLITICAL CAMPAIGNS BY SERVING AS PARTY OFFICERS, SOLICITING CAMPAIGN
FUNDS, RUNNING FOR PARTISAN OFFICE, WORKING IN A PARTISAN CAMPAIGN,
ENDORSING PARTISAN CANDIDATES, TAKING VOTERS TO THE POLLS, COUNTING
BALLOTS, CIRCULATING, NOMINATING PETITIONS OR BEING DELEGATES TO A
http://appass.com/calculators/usgov?curve=2002
CONVENTION.
• 126. OFFICE OF PERSONNEL MANAGEMENT (OPM) - FORMERLY THE CIVIL SERVICE
COMMISSION, CREATED TO REDUCE THE PRACTICE OF FILLING GOVERNMENT POSITIONS
WITH THE PRESIDENT'S POLITICAL ALLIES OR CRONIES.
• MERIT SYSTEMS PROTECTION BOARD - ESSENTIALLY OVERSEES THE OPM AND MAKES
SURE TH HATCH ACT IS ENFORCED.
• 127. ENTITY - EXISTS IN ITSELF. BECAUSE PEOPLE GENERALLY CANNOT BE SELFGOVERNING. EVERYONE HAS DIFFERENT IDEAS OF HOW THINGS SHOULD BE
• 128. DEPT OF STATE – RESPONSIBLE FOR INTERNATIONAL RELATIONS OF THE
UNITED STATES, EQUIVALENT OT THE FOREIGN MINISTRIES OF OTHER COUTNRIES
• DEPT OF DEFENSE – CHARGED WITH COORDINATING AND SUPERVISING ALL
AGENCIES AND FUNCTIONS OF THE GOVERNMENT CONCERNED DIRECTLY WITH
NATIONAL SECURITY AND THE UNITED STATES ARMED FORCED
• DEPT. OF TREASURY – ESTABLISHED TO MANAGE GOVERNMENT REVENUE
• DEPT. OF JUSTICE – RESPONSIBLE FOR THE ENFORCEMENT OF THE LAW AND
ADMINISTRATION OF JUSTICE
• DEPT OF HOMELAND SEC. – CREATED AFTER 9/11, PRIMARY RESPONSIBILITY TO
PROTECT THE U.S. AND U.S. TERRITORY
• 129. WHO MUST CONFIRM ANY LEADER OF THE CABINET DEPARTMENT?
• 130. THE EXECUTIVE BRANCH OF THE GOVERNMENT IS DIVIDED INTO 15 CABINET
DEPARTMENTS THAT SET POLICIES AND OVERSEE PROGRAMS AFFECTING EVERY
AMERICAN. THESE AGENCIES' MYRIAD RESPONSIBILITIES REQUIRE THOUSANDS OF
SKILLED PROFESSIONALS WORKING IN OFFICES NATIONWIDE.
• 131. DO @ HOME
• 132. GOV'T CORPORATION - A GOVT AGENCY THAT PERFORMS SERVICES THAT
MIGHT BE PROVIDED BY THE PRIVATE SECTOR I.E. POSTAL SERVICE
• 133. USPS – MAIL , FDIC – INSURING MONEY DEPOSITED IN BANKS, NASA –
SPACE EXPLORATION AND TRAVEL, TVA - UTILITIES
• 134. THE ADMINISTRATIVE PROCEDURE ACT (1947) SETS UP A PROCESS FOR THE UNITED
STATES FEDERAL COURTS TO DIRECTLY REVIEW AGENCY DECISIONS. IT IS ONE OF THE MOST
IMPORTANT PIECES OF UNITED STATES ADMINISTRATIVE LAW.
• THE FREEDOM OF INFORMATION ACT (1966) - THE ACT DEFINES AGENCY RECORDS SUBJECT
TO DISCLOSURE, OUTLINES MANDATORY DISCLOSURE PROCEDURES AND GRANTS NINE
EXEMPTIONS TO THE STATUTE
• THE NATIONAL ENVIRONMENTAL POLICY ACT (1969) - NEPA'S MOST SIGNIFICANT EFFECT
WAS TO SET UP PROCEDURAL REQUIREMENTS FOR ALL FEDERAL GOVERNMENT AGENCIES TO
PREPARE ENVIRONMENTAL ASSESSMENTS (EAS) AND ENVIRONMENTAL IMPACT STATEMENTS
• THE PRIVACY ACT OF 1974 - THE PRIVACY ACT REQUIRES THAT AGENCIES GIVE THE PUBLIC
NOTICE OF THEIR SYSTEMS OF RECORDS BY PUBLICATION IN THE FEDERAL REGISTER. THE
PRIVACY ACT PROHIBITS THE DISCLOSURE OF INFORMATION FROM A SYSTEM OF RECORDS
ABSENT THE WRITTEN CONSENT OF THE SUBJECT INDIVIDUAL, UNLESS THE DISCLOSURE IS
PURSUANT TO ONE OF TWELVE STATUTORY EXCEPTIONS.
• THE OPEN MEETING LAW (1976) - AN ACT TO REQUIRE CERTAIN MEETINGS OF CERTAIN
PUBLIC BODIES TO BE OPEN TO THE PUBLIC; TO REQUIRE NOTICE AND THE KEEPING OF MINUTES
OF MEETINGS; TO PROVIDE FOR ENFORCEMENT; TO PROVIDE FOR INVALIDATION OF
GOVERNMENTAL DECISIONS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE PENALTIES; AND TO
REPEAL CERTAIN ACTS AND PARTS OF ACTS.
• 135. THE PRESIDENT POWER TO APPOINT VARIOUS SORTS OF OFFICIALS. IN 1789 CONGRESS GAVE THE
PRESIDENT POWER TO REMOVE OFFICIALS WITHOUT CONGRESSIONAL ASSENT, BUT THE QUESTION OF
WHO (IF ANYONE) WOULD ACTUALLY CONTROL THE BUREAUCRACY HAS BEEN HOTLY CONTESTED
THROUGHOUT AMERICAN HISTORY
• 136. CONGRESSIONAL INVESTIGATIONS ARE THE MOST VISIBLE AND DRAMATIC FORM OF OVERSIGHT.
• 137. THE SUPREME COURT HAS INTERCEDED TO RESTRICT POLITICAL PATRONAGE ON CONSTITUTIONAL
GROUNDS.
• 138. ISSUE NETWORKS - NETWORK OF PEOPLE IN D.C. BASED INTEREST GROUPS, CONGRESSIONAL
STAFFS, IN UNIVERSITIES AND THINK TANKS, AND MASS MEDIA WHO ADVOCATE PUBLIC POLICIES.
• IRON TRIANGLE - CLOSE RELATIONSHIP BETWEEN AN AGENCY, A CONGRESSIONAL COMMITTEE, AND AN
INTEREST GROUP.
• WHY WOULD AN ISSUE NETWORK BE MORE PREVALENT?
• 139. SENATORIAL COURTESY - GIVES HEAVY WEIGHT TO THE PREFERENCES OF THE SENATORS FROM THE
STATE WHERE A FEDERAL DISTRICT JUDGE IS TO SERVE. ORDINARILY, THE SENATE WILL NOT CONFIRM A
DISTRICT COURT JUDGE IF THE SENIOR SENATOR FROM THE STATE WHERE THE DISTRICT IS LOCATED
OBJECTS.
• HOW DOES THIS REPRESENT CHECKS AND BALANCES AND WHY DO PRESIDENTS OFTEN FOLLOW THIS
UNWRITTEN RULE?
• 140. A NORMAL (PETIT) JURY HEARS EVIDENCE OF A CASE AFTER THE ARREST
AND ARRAIGNMENT OF THE ACCUSED.
• A GRAND JURY HEARS EVIDENCE BEFORE THE CASE IS FILED AND MAY ISSUE
INDICTMENTS BASED ON THE EVIDENCE PRESENTED BY THE PROSECUTOR ALONE
• 141. DO @ HOME
• 142. A CONSTITUTIONAL COURT IS ONE EXERCISING THE JUDICIAL POWERS
FOUND IN ARTICLE III OF THE CONSTITUTION, AND THEREFORE ITS JUDGES ARE
GIVEN CONSTITUTIONAL PROTECTION: THEY MAY NOT BE FIRED NOR MAY THEIR
SALARIES BE REDUCED WHILE THEY ARE IN OFFICE
• A LEGISLATIVE COURT IS ONE SET UP BE CONGRESS FOR SOME SPECIALIZED
PURPOSE AND STAFFED WITH PEOPLE WHO HAVE FIXED TERMS OF OFFICE AND
CAN BE REMOVED OR HAVE THEIR SALARIES REDUCED.
• 143. 1. CASES INVOLVING AMBASSADORS 2. DISPUTES BETWEEN THE STATES
144. 4500 +, LESS THAN 200, RULE OF 4
145. ALREADY BEEN TAKEN CARE OF BY A LOWER COURT DECISION…SENT BACK
146. LET THE DECISION STAND…PRECEDENT
147. BEFORE ORAL ARGUMENTS, THE PARTIES TO A CASE FILE LEGAL BRIEFS OUTLINING THEIR
ARGUMENTS. 30 MINUTES.
• 148. MAJORITY OPINION - THE MAJORITY OPINION IS AN EXPLANATION OF THE REASONING
BEHIND THE MAJORITY DECISION OF A SUPREME COURT.
• CONCURRING OPINION - AN OPINION THAT AGREES WITH THE COURT'S DISPOSITION OF THE
CASE BUT IS WRITTEN TO EXPRESS A PARTICULAR JUDGE'S REASONING
• DISSENTING OPINION - AN OPINION THAT DISAGREES WITH THE COURT'S DISPOSITION OF THE
•
•
•
•
CASE
• PER CURIUM OPINION - PHRASE USED TO DISTINGUISH AN OPINION OF THE WHOLE COURT
FROM AN OPINION WRITTEN BY ANY ONE JUDGE.
• SOMETIMES PER CURIUM SIGNIFIES AN OPINION WRITTEN BY THE CHIEF JUSTICE OR PRESIDING
JUDGE; IT CAN ALSO REFER TO A BRIEF ORAL ANNOUNCEMENT OF THE DISPOSITION OF A CASE
BY THE COURT THAT IS UNACCOMPANIED BY A WRITTEN OPINION
• 149. THEY WRITE DISSENTING OPINIONS WHEN THEY DISAGREE WITH THE SUPREME
COURT RULING. NOT EVERY SUPREME COURT RULING IS UNANIMOUS. SOME ARE BY 5
TO 4, OR 6-3, OR 7 TO 2 OR 8 TO 1 MAJORITIES. SOME CASES ARE BY OTHER
MAJORITIES IF NOT ALL NINE JUSTICES VOTE ON THE CASE. THE MINORITY JUSTICES, THAT
IS THE DISSENTING JUSTICES, WRITE THEIR OWN OPINION TO STATE WHY THE THINK THE
MAJORITY IS WRONG AND WHAT THEY WOULD HAVE RULED AND WHY.
• 150. DECISIONS RELATING TO FEDERALISM
• 151. HE IS REMEMBERED PRINCIPALLY FOR THE DRED SCOTT DECISION (1857)
• 152. MARBURY V. MADISON – JUDICIAL REVIEW
• MCCULLOCH V. MARYLAND – SUPREMACY OF THE FEDERAL GOVERNMENT
• GIBBONS V. OGDEN - CONGRESS NOT STATES RULE COMMERCE
• SCOTT V. SANFORD - "THE ONLY RIGHTS AND PRIVILEGES AFRICAN AMERICANS WERE
MEANT TO HAVE WERE THOSE GRANTED BY THEIR 'OWNERS' OR BY THE GOVERNMENT.
THEREFORE, DRED SCOTT COULD NOT BE A CITIZEN." - CHEIF JUSTICE ROGER B. TANEY.
• 153. SYNONYMOUS WITH THE CONCEPT OF JUDICIAL ACTIVISM, WHICH IS?
• 154. BROWN V. BOARD – RACIAL DISCRIMINATION IN PUBLIC SCHOOL SYSTEM
UNCONSTITUTIONAL
• GIDEON V. WAIWRIGHT – LAWYERS IN CRIMINAL COURTS ARE NECESSITIES, NOT
LUXURIES
• ENGEL V. VITALE – GOV’T DIRECTED PRAYER WAS AGAINST THE CONSTITUTION
AND A VIOLATION OF THE ESTABLISHMENT CLAUSE IN THE 1ST AMENDMENT
• MIRANDA V ARIZONA - ??
• 155. THE BURGER COURT IS BEST REMEMBERED FOR ITS RULING IN ROE V. WADE
(1973), WHICH HELD THAT THERE IS A CONSTITUTIONALLY PROTECTED RIGHT TO
HAVE AN ABORTION
• 156. ROE V. WADE – A WOMAN’S RIGHT TO AN ABORTION FELL WITHIN THE
RIGHT TO PRIVACY
• PLANNED PARENTHOOD V. CASEY – UPHELD ROE
• REGENTS OF CAL V. BAKKE -ANY RACIAL QUOTA SYSTEM SUPPORTED BY
GOVERNMENT VIOLATED THE CIVIL RIGHTS ACT OF 1964. IN THIS CASE
ADMISSIONS TO MEDICAL SCHOOL
• GRUTTER V. BOLLINGER - THE COURT REASONED THAT, BECAUSE THE LAW
SCHOOL CONDUCTS HIGHLY INDIVIDUALIZED REVIEW OF EACH APPLICANT, NO
ACCEPTANCE OR REJECTION IS BASED AUTOMATICALLY ON A VARIABLE SUCH AS
RACE AND THAT THIS PROCESS ENSURES THAT ALL FACTORS THAT MAY CONTRIBUTE
TO DIVERSITY ARE MEANINGFULLY CONSIDERED ALONGSIDE RACE
• GRATZ V. BOLLINGER - THE COURT HELD THAT THE UNIVERSITY OF MICHIGAN'S
USE OF RACIAL PREFERENCES IN UNDERGRADUATE ADMISSIONS VIOLATES BOTH
THE EQUAL PROTECTION CLAUSE AND TITLE VI.
• 157. MEANING OF BOTH JUDICIAL ACTIVISM/RESTRAINT?
• 158. JUDICIAL RESTRAINT, WHY??
• 159. POLITICAL QUESTIONS - ISSUES THAT THE SUPREME COURT WILL ALLOW THE
EXECUTIVE AND LEGISLATIVE BRANCHES TO DECIDE. STATING THE CONSTITUTION
LEFT THAT MATTER TO ANOTHER BRANCH OF GOVERNMENT TO DECIDE FOR ITSELF.
I.E. CONGRESSIONAL DISTRICT BOUNDARIES
• 160. WHAT IS THE COURT'S POWER OF JUDICIAL REVIEW?
• 161. DO @ HOME
• 162. THE CONSTITUTION DOES NOT SPECIFY QUALIFICATIONS FOR JUSTICES SUCH AS AGE,
EDUCATION, PROFESSION, OR NATIVE-BORN CITIZENSHIP. A JUSTICE DOES NOT HAVE TO BE A
LAWYER OR A LAW SCHOOL GRADUATE, BUT ALL JUSTICES HAVE BEEN TRAINED IN THE LAW.
MANY OF THE 18TH AND 19TH CENTURY JUSTICES STUDIED LAW UNDER A MENTOR BECAUSE
THERE WERE FEW LAW SCHOOLS IN THE COUNTRY.
• 163. THEY TRY TO FIND JUDGES THE BELIEVE THE SAME WAY THEY DO, BROADLY AND
SOMETIMES ON SPECIFIC ISSUES.
THE JUDICIARY COMMITTEE IS THE SENATE COMMITTEE THAT GRILLS THE NOMINEES AND
DECIDES WHETHER THEY ARE WORTHY (AND QUALIFIED) OR NOT. THEY MAKE A
RECOMMENDATION TO THE ENTIRE SENATE BASED ON THEIR "FINDINGS". MORE OFTEN THEN
NOT, IF THE PRESIDENT IS FROM ANOTHER PARTY THAN THE MAJORITY IN THE SENATE, THEY TRY
TO FIND WAYS TO DISQUALIFY THE NOMINEE, NOT BASED ON QUALIFICATIONS BUT ON
SOMETHING THEY SAID OR DID IN THE PAST. ON THE OTHER HAND, IF THE SENATE MAJORITY
PARTY IS THE SAME AS THE PRESIDENT'S THEY WILL FIND EXCUSES TO IGNORE EMBARRASSING
PAST COMMENTS.
• WILL USUALLY TRY TO FIND MIDDLE GROUND/MODERATE CANDIDATES AT THIS POINT
• 164. LITMUS TEST – A TEST TO EXAMINE THE POLITICAL IDEOLOGY OF A NOMINATED JUDGE.
WHAT IS THE PURPOSE OF THIS?
• 165. THE FINAL MEETING PRIOR TO AN APPOINTMENT, THE CHAIRMAN OF THE COMMITTEE
EXERCISE QUIT A BIT OF CONTROL. DO BACKGROUND ON THE CANDIDATE, INTERVIEW THE
CANDIDATE AND ASSOCIATES.
• CLARENCE THOMAS - PRESIDENT BUSH'S NOMINATION OF CLARENCE THOMAS (TO REPLACE
AFRICAN AMERICAN THURGOOD MARSHALL) WAS INSTANTLY CONTROVERSIAL. MANY
AFRICAN-AMERICAN AND CIVIL RIGHTS ORGANIZATIONS INCLUDING: THE NAACP, THE
NATIONAL BAR ASSOCIATION, AND THE URBAN LEAGUE, OPPOSED THE THOMAS NOMINATION.
THESE ORGANIZATIONS FEARED THAT THOMAS'S CONSERVATIVE STANCE ON ISSUES SUCH AS
AFFIRMATIVE ACTION WOULD REVERSE THE CIVIL RIGHTS GAINS THAT JUSTICE MARSHALL HAD
FOUGHT SO HARD TO ACHIEVE. WOMEN'S GROUPS INCLUDING THE NATIONAL ORGANIZATION
FOR WOMEN WERE EQUALLY CONCERNED THAT CLARENCE THOMAS, IF APPOINTED TO THE HIGH
COURT, WOULD RULE AGAINST LEGAL ABORTION. THE LEGAL COMMUNITY ALSO VOICED
APPREHENSION ABOUT THOMAS'S CLEAR LACK OF EXPERIENCE SINCE HE HAD ONLY SERVED TWO
YEARS AS A FEDERAL JUDGE.
• WHEN THE NOMINATION MOVED TO THE FLOOR OF THE SENATE, IT TOOK A SUDDEN AND
DRAMATIC TURN WHEN ANITA HILL, A LAW PROFESSOR AT THE UNIVERSITY OF OKLAHOMA,
CAME FORWARD WITH ACCUSATIONS THAT CLARENCE THOMAS HAD SEXUALLY HARASSED HER.
EVENTUALLY SENATE VOTED 52-48 TO CONFIRM CLARENCE THOMAS AS ASSOCIATE JUSTICE OF
THE SUPREME COURT.
• 166. MAY INFLUENCE WITH DONATIONS,
SMEAR CAMPAIGNS (DAMAGE THE REPUTATION OF
NOT ONLY SUPREME COURT NOMINEES BUT ALSO ANY POLITICIAN.)
• 167. WHAT IS THE CONCEPT OF UNALIENABLE RIGHTS?
• 168. THE PRIVILEGES AND IMMUNITIES CLAUSES ARE FOUND IN TWO PLACES: IN THE U.S.
CONSTITUTION IN ARTICLE IV AND THE FOURTEENTH AMENDMENT. THE PURPOSE OF THIS CLAUSE
WAS TO MAKE IT EASIER TO UNIFY THE INDEPENDENT STATES INTO ONE NATION. THIS WOULD BE
SO THAT THE CITIZENS (NOT THOSE WHO ARE NOT U.S. CITIZENS) WHO TRAVELED THROUGHOUT
THE COUNTRY WOULD RECEIVE EQUAL TREATMENT FROM THE STATES THAT THEY TRAVELED
THROUGH.
• DRED SCOTT (CIRCA 1799 – SEPTEMBER 17, 1858) WAS A SLAVE IN THE UNITED STATES WHO
UNSUCCESSFULLY SUED FOR HIS FREEDOM AND THAT OF HIS WIFE AND THEIR TWO DAUGHTERS IN
THE DRED SCOTT V. SANFORD CASE OF 1857, POPULARLY KNOWN AS THE "DRED SCOTT
DECISION." THE CASE WAS BASED ON THE FACT THAT ALTHOUGH HE AND HIS WIFE HARRIET
SCOTT WERE SLAVES, THEY HAD LIVED WITH HIS MASTER, DR. JOHN EMERSON, IN STATES AND
TERRITORIES WHERE SLAVERY WAS ILLEGAL ACCORDING TO BOTH STATE LAWS AND
THE NORTHWEST ORDINANCE OF 1787, INCLUDING ILLINOIS AND MINNESOTA (WHICH WAS
THEN PART OF THE WISCONSIN TERRITORY). THE UNITED STATES SUPREME COURT DECIDED 7–2
AGAINST SCOTT, FINDING THAT NEITHER HE NOR ANY OTHER PERSON OF AFRICAN ANCESTRY
COULD CLAIM CITIZENSHIP IN THE UNITED STATES, AND THEREFORE SCOTT COULD NOT BRING SUIT
IN FEDERAL COURT UNDER DIVERSITY OF CITIZENSHIP RULES
• 169. WHY DID THE FEDERALISTS EVENTUALLY DECIDE TO INCLUDE A NATIONAL BILL OF
RIGHTS IN ORDER TO GET THE CONSTITUTION RATIFIED?
• 170. PRIOR TO THE RATIFICATION OF THE FOURTEENTH AMENDMENT AND THE
DEVELOPMENT OF THE INCORPORATION DOCTRINE, THE SUPREME COURT IN 1833 HELD
IN BARRON V. BALTIMORE THAT THE BILL OF RIGHTS APPLIED ONLY TO THE FEDERAL, BUT
NOT ANY STATE GOVERNMENTS. EVEN YEARS AFTER THE RATIFICATION OF THE
FOURTEENTH AMENDMENT, THE SUPREME COURT IN UNITED STATES V.
CRUIKSHANK (1876) STILL HELD THAT THE FIRST AND SECOND AMENDMENT DID NOT
APPLY TO STATE GOVERNMENTS. HOWEVER, BEGINNING IN THE 1920S, A SERIES
OF UNITED STATES SUPREME COURT DECISIONS INTERPRETED THE FOURTEENTH
AMENDMENT TO "INCORPORATE" MOST PORTIONS OF THE BILL OF RIGHTS, MAKING THESE
PORTIONS, FOR THE FIRST TIME, ENFORCEABLE AGAINST THE STATE GOVERNMENTS.
• 171. GITLOW ESTABLISHED THAT THE RIGHT TO FREE SPEECH IS NOT ABSOLUTE. IN OTHER
WORDS, THERE ARE SOME SITUATIONS WHERE CERTAIN WORDS AND STATEMENTS MAY BE
PUNISHED BY THE GOVERNMENT -- INCLUDING BY ARREST AND CONVICTION.
• 172. PROCEDURAL DUE PROCESS MAKES SURE THAT ALL LEGAL AND ADMINISTRATIVE PROCEEDINGS ARE
FAIR. SUBSTANTIVE DUE PROCESS REQUIRES THE GOVERNMENT TO GIVE AN INDIVIDUAL DUE PROCESS
BEFORE TAKING AWAY THEIR FUNDAMENTAL RIGHTS.
• 173. COURT RULING THAT GOVERNMENT CANNOT BE INVOLVED WITH RELIGION, STILL INCREDIBLY
CONTROVERSIAL
• 174. FIRST AMENDMENT PROHIBITS CONGRESS FROM MAKING A LAW “RESPECTING” AN
“ESTABLISHMENT”. SUPREME COURT HAS CONSISTENTLY TRANSLATED THIS TO MEAN THAT THE
CONSTITUTION ERECTS A “WALL OF SEPARATION” BETWEEN CHURCH AND STATE.
• 175. THE LEMON TEST, BASED ON THE 1971 U.S. SUPREME COURT RULING IN LEMON V. KURTZMAN, IS
THE STANDARD OF JUDICIAL REVIEW IN CASES INVOLVING THE ESTABLISHMENT CLAUSE OF THE FIRST
AMENDMENT. THE LEMON TEST INVOLVES THREE CRITERIA FOR JUDGING WHETHER LAWS OR
GOVERNMENTAL ACTIONS ARE ALLOWABLE UNDER THE ESTABLISHMENT CLAUSE. A NEGATIVE ANSWER TO
ANY OF THE THREE QUESTIONS MEANS THE ACT IS UNCONSTITUTIONAL.
• DOES THE CHALLENGED LAW, OR OTHER GOVERNMENTAL ACTION, HAVE A BONA FIDE SECULAR (NONRELIGIOUS) OR CIVIC PURPOSE?
• DOES THE PRIMARY EFFECT OF THE LAW OR ACTION NEITHER ADVANCE NOR INHIBIT RELIGION? IN OTHER
WORDS, IS IT NEUTRAL?
• DOES THE LAW OR ACTION AVOID EXCESSIVE ENTANGLEMENT OF GOVERNMENT WITH RELIGION?
• IF THE ANSWER TO ALL THREE IS YES, THE LAW PASSES THE LEMON TEST.
• 176. MAIN REASON WHY THE PILGRIMS
FIRST CAME OVER HERE,
1ST AMENDMENT
PROTECT FREEDOM OF RELIGION
• 177. THE FIRST AMENDMENT PROHIBITS THE FEDERAL GOVERNMENT FROM MAKING A
LAW "RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE
THEREOF". THIS PROVISION WAS LATER EXPANDED TO STATE AND LOCAL GOVERNMENTS,
THROUGH THE INCORPORATION OF THE FOURTEENTH AMENDMENT.
• 178. FREE EXERCISE CLAUSE ENSURES
THAT THE GOVERNMENT CAN NEITHER PROMOTE
NOR INHIBIT RELIGIOUS BELIEFS OR PRACTICES.
• REST OF 178 DO @ HOME
• 179. PURE SPEECH IN UNITED STATES LAW IS THE COMMUNICATION
OF IDEAS THROUGH
SPOKEN OR WRITTEN WORDS OR THROUGH CONDUCT LIMITED IN FORM TO THAT
NECESSARY TO CONVEY THE IDEA.
•
SYMBOLIC SPEECH OR "SPEECH PLUS," WHICH INVOLVES CONVEYING AN IDEA OR
MESSAGE THROUGH NONVERBAL BEHAVIOR. I.E. BURNING A FLAG, WEARING ARMBAND
• WHAT IS SYMBOLIC BEHAVIOR – THE EXACT SAME AS ABOVE
• 180. THE ALIEN AND SEDITION ACTS OF 1798. THE ALIEN ACT ALLOWED THE PRESIDENT TO ARREST,
IMPRISON, AND DEPORT "DANGEROUS" IMMIGRANTS ON MERE SUSPICION OF "TREASONABLE OR SECRET
MACHINATIONS AGAINST THE GOVERNMENT." IF A DEPORTED ALIEN RETURNED, THE PRESIDENT COULD
IMPRISON HIM FOR AS LONG AS HE THOUGHT "THE PUBLIC SAFETY MAY REQUIRE." THE SEDITION ACT
MADE IT UNLAWFUL FOR ANY PERSON TO WRITE, PRINT, PUBLISH, OR SPEAK ANYTHING "FALSE,
SCANDALOUS AND MALICIOUS" ABOUT THE GOVERNMENT, EITHER CONGRESS OR THE EXECUTIVE, IF IT
WAS DONE WITH THE INTENT TO DEFAME OR TO BRING THE GOVERNMENT "INTO CONTEMPT OR DISREPUTE,"
OR TO EXCITE THE HATRED OF THE PEOPLE AGAINST THE UNITED STATES.
• 181. DO @ HOME
• 182. A PRIOR RESTRAINT IS GOVERNMENT ACTION THAT PROHIBITS SPEECH OR OTHER EXPRESSION BEFORE
IT CAN TAKE PLACE. THERE ARE TWO COMMON FORMS OF PRIOR RESTRAINTS. THE FIRST IS A STATUTE OR
REGULATION THAT REQUIRES A SPEAKER TO ACQUIRE A PERMIT OR LICENSE BEFORE SPEAKING, AND THE
SECOND IS A JUDICIAL INJUNCTION THAT PROHIBITS CERTAIN SPEECH. BOTH TYPES OF PRIOR RESTRAINT
ARE STRONGLY DISFAVORED, AND, WITH SOME EXCEPTIONS, GENERALLY UNCONSTITUTIONAL.
• IN NEAR V. MINNESOTA, THE COURT STRUCK DOWN A MINNESOTA STATE LAW THAT PERMITTED PUBLIC
OFFICIALS TO SEEK AN INJUNCTION TO STOP PUBLICATION OF ANY "MALICIOUS, SCANDALOUS AND
DEFAMATORY NEWSPAPER, MAGAZINE, OR OTHER PERIODICAL." THE STATUTE WAS USED TO SUPPRESS
PUBLICATION OF A SMALL MINNEAPOLIS NEWSPAPER, THE SATURDAY PRESS, WHICH HAD CRUDELY
MALIGNED LOCAL POLICE AND POLITICAL OFFICIALS, OFTEN IN ANTI-SEMITIC TERMS. THE LAW PROVIDED
THAT ONCE A NEWSPAPER WAS ENJOINED, FURTHER PUBLICATION WAS PUNISHABLE AS CONTEMPT OF
COURT.
• 183. OVER THE YEARS THE SUPREME COURT HAS DISAGREED ON THE LIMITS THAT CAN BE
PLACED ON THE 1ST AMENDMENT GUARANTEES OF FREEDOM OF SPEECH AND PRESS. IN 1971,
THE COURT FACED THESE ISSUES AGAIN IN A CASE BROUGHT BY THE NEW YORK TIMES. THE
NEWSPAPER HAD OBTAINED A COPY OF DOCUMENTS KNOWN AS “THE PENTAGON PAPERS”—
AN INTERNAL DEFENSE DEPARTMENT REPORT THAT DETAILED GOVERNMENT DECEPTION WITH
REGARD TO THE VIETNAM WAR. THE PENTAGON PAPERS SURFACED AT A TIME WHEN THE
AMERICAN PEOPLE WERE DEEPLY DIVIDED ON THE QUESTION OF UNITED STATES INVOLVEMENT IN
THE WAR. THE NEW YORK TIMES FOUGHT FOR THE RIGHT TO PUBLISH THE PAPERS UNDER THE
UMBRELLA OF THE 1ST AMENDMENT.
• THE PENTAGON PAPERS, OFFICIALLY KNOWN AS “HISTORY OF U.S. DECISION-MAKING
PROCESS ON VIET NAM POLICY,” WERE ILLEGALLY COPIED AND THEN LEAKED TO THE PRESS.
THE NEW YORK TIMES AND THE WASHINGTON POST HAD OBTAINED THE DOCUMENTS. ACTING
AT THE GOVERNMENT'S REQUEST, THE UNITED STATES DISTRICT COURT IN NEW YORK ISSUED A
TEMPORARY INJUNCTION—A COURT ORDER—THAT DIRECTED THE NEW YORK TIMES NOT TO
PUBLISH THE DOCUMENTS. THE GOVERNMENT CLAIMED THAT THE PUBLICATION OF THE PAPERS
WOULD ENDANGER THE SECURITY OF THE UNITED STATES. THE NEW YORK TIMES APPEALED THE
ORDER TO THE UNITED STATES SUPREME COURT, ARGUING THAT PRIOR RESTRAINT—PREVENTING
PUBLICATION—VIOLATED THE 1ST AMENDMENT. BY A 6-3 DECISION, THE COURT RULED IN FAVOR OF
THE
NEW YORK TIMES.
• 184. IN THE 1972 CASE OF BRANZBURG V. HAYES, THE SUPREME COURT HELD
THAT THE FIRST AMENDMENT DOES NOT PROTECT JOURNALISTS WHO REFUSE TO
REVEAL THEIR CONFIDENTIAL SOURCES OR NEWS GATHERING PRODUCT IN
RESPONSE TO A FEDERAL GRAND JURY SUBPOENA. THAT DECISION HAS REMAINED
VITAL FOR 35 YEARS AND HAS REVERBERATED THROUGH A NUMBER OF RECENT
HIGH-PROFILE CASES. DESPITE SOME FORM OF PROTECTION IN NEARLY EVERY STATE
COURT, REPORTERS HALED BEFORE A FEDERAL JUDGE MAY HAVE NO RECOURSE
SAVE PRISON. DEVASTATING AS BRANZBURG HAS BEEN FOR THE SO-CALLED
JOURNALIST'S PRIVILEGE, ITS NEGATIVE IMPACT HAS BEEN FAR BROADER.
BRANZBURG IS ONE OF SUPREME COURT'S EARLIEST NEWS GATHERING DECISIONS
AND ARGUABLY THE MOST INFLUENTIAL.
• 185. WHAT LED THE CONSTITUTIONAL
FRAMERS TO PROTECT PEOPLE FROM UNREASONABLE
SEARCHES AND SEIZURES BY THE GOVERNMENT?
• 186. REASONABLE CAUSE FOR ISSUING A SEARCH WARRANT OR MAKING AN ARREST; MORE
THAN MERE SUSPICION
• 187. A WRIT ISSUED BY A COMPETENT OFFICER, USUALLY A JUDGE OR MAGISTRATE, WHICH
PERMITS AN OTHERWISE ILLEGAL ACT THAT WOULD VIOLATE INDIVIDUAL RIGHTS AND AFFORDS
THE PERSON EXECUTING THE WRIT PROTECTION FROM DAMAGES IF THE ACT IS PERFORMED. I.E.
SEARCH WARRANT
• 188. NEW JERSEY V. T. L. O., (1985), IS A DECISION BY THE SUPREME COURT OF THE UNITED
STATES ADDRESSING THE CONSTITUTIONALITY OF A SEARCH OF A PUBLIC HIGH SCHOOL
STUDENT FOR CONTRABAND AFTER SHE WAS CAUGHT SMOKING. A SUBSEQUENT SEARCH OF
HER PURSE REVEALED DRUG PARAPHERNALIA, MARIJUANA, AND DOCUMENTATION OF DRUG
SALES. SHE WAS CHARGED AS A JUVENILE FOR THE DRUGS AND PARAPHERNALIA FOUND IN THE
SEARCH. SHE FOUGHT THE SEARCH, CLAIMING IT VIOLATED HER FOURTH AMENDMENT RIGHT
AGAINST UNREASONABLE SEARCHES. THE U.S. SUPREME COURT, IN A 6-3 RULING, HELD THAT
THE SEARCH WAS REASONABLE UNDER THE FOURTH AMENDMENT.
• WHY DO MOST STUDENTS DISAGREE WITH THE COURT’S DECISION?
• 189. CALIFORNIA POLICE OFFICERS
SAW CHARLES ACEVEDO ENTER AN APARTMENT
KNOWN TO CONTAIN SEVERAL PACKAGES OF MARIJUANA AND LEAVE A SHORT TIME
LATER CARRYING A PAPER BAG APPROXIMATELY THE SAME SIZE AS ONE OF THE
PACKAGES. WHEN ACEVEDO PUT THE BAG IN THE TRUNK OF HIS CAR AND BEGAN TO
DRIVE AWAY, THE OFFICERS STOPPED THE CAR, SEARCHED THE BAG, AND FOUND
MARIJUANA. AT HIS TRIAL, ACEVEDO MADE A MOTION TO SUPPRESS THE MARIJUANA
AS EVIDENCE, SINCE THE POLICE HAD NOT HAD A SEARCH WARRANT. WHEN THE TRIAL
COURT DENIED HIS MOTION, ACEVEDO PLEADED GUILTY AND APPEALED THE DENIAL OF
THE MOTION. THE CALIFORNIA COURT OF APPEAL REVERSED THE TRIAL COURT, RULING
THAT THE MARIJUANA SHOULD HAVE BEEN SUPPRESSED AS EVIDENCE. THE SUPREME
COURT HAD RULED PREVIOUSLY THAT OFFICERS CAN THOROUGHLY SEARCH AN
AUTOMOBILE IF THEY HAVE PROBABLE CAUSE TO BELIEVE THERE IS EVIDENCE
SOMEWHERE IN THE VEHICLE (U.S. V. ROSS), AND ALSO THAT OFFICERS NEED A
WARRANT TO SEARCH A CLOSED CONTAINER (U.S. V. CHADWICK). THE CALIFORNIA
COURT OF APPEAL DECIDED THAT THE LATTER CASE WAS MORE RELEVANT. SINCE THE
OFFICERS ONLY HAD PROBABLE CAUSE TO BELIEVE THE BAG CONTAINED EVIDENCE NOT THE CAR GENERALLY - THEY COULD NOT OPEN THE BAG WITHOUT A SEARCH
WARRANT. THE CALIFORNIA SUPREME COURT DENIED REVIEW, BUT THE SUPREME COURT
GRANTED THE STATE'S PETITION.
• 190. EVIDENCE OBTAINED IN AN ILLEGAL SEARCH AND SEIZURE CANNOT BE USED
IN TRIAL.
• 191. CIVIL LIBERTARIANISM IS A STRAIN OF POLITICAL THOUGHT THAT
SUPPORTS CIVIL LIBERTIES, OR WHICH EMPHASIZES THE SUPREMACY OF INDIVIDUAL
RIGHTS AND PERSONAL FREEDOMS OVER AND AGAINST ANY KIND OF AUTHORITY
• DOLLREE MAPP WAS CONVICTED OF POSSESSING OBSCENE MATERIALS AFTER AN
ADMITTEDLY ILLEGAL POLICE SEARCH OF HER HOME FOR A FUGITIVE. SHE
APPEALED HER CONVICTION ON THE BASIS OF FREEDOM OF EXPRESSION
• WHY DID CIVIL LIBERTARIANS PRAISE THE COURT?
• 192. THE EXCLUSIONARY RULE REQUIRES THAT EVIDENCE ILLEGALLY SEIZED MUST
BE EXCLUDED FROM CRIMINAL TRIALS. LEON WAS THE TARGET OF POLICE
SURVEILLANCE BASED ON AN ANONYMOUS INFORMANT'S TIP. THE POLICE
APPLIED TO A JUDGE FOR A SEARCH WARRANT OF LEON'S HOME BASED ON THE
EVIDENCE FROM THEIR SURVEILLANCE. A JUDGE ISSUED THE WARRANT AND THE
POLICE RECOVERED LARGE QUANTITIES OF ILLEGAL DRUGS. LEON WAS INDICTED
FOR VIOLATING FEDERAL DRUG LAWS. A JUDGE CONCLUDED THAT THE
AFFADAVIT FOR THE SEARCH WARRANT WAS INSUFFICIENT; IT DID NOT ESTABLISH
THE PROBABLE CAUSE NECESSARY TO ISSUE THE WARRANT. THUS, THE EVIDENCE
OBTAINED UNDER THE WARRANT COULD NOT BE INTRODUCED AT LEON'S TRIAL.
• HOW DOES IT ALTER THE MAPP RULING?
• 193. THE FRAMERS OF THE BILL OF RIGHTS WERE MOSTLY BRITISH WHO ESCAPED
RELIGIOUS PERSECUTION IN GREAT BRITAIN AND CAME TO AMERICA. THEREFORE,
THEY FELT THE NEED TO HAVE LEGAL PROTECTIONS IN THE COURT SYSTEM TO
AVOID BEING VICTIMIZED BY AN OPPRESSIVE AUTHORITY. THE 6TH AMENDMENT
GUARANTEE THE RIGHT TO JURY, SPEEDY TRIAL, COUNSEL, AMONG OTHER
THINGS.
• 194. RIGHTS OF PERSONS: DOUBLE JEOPARDY, SELF-INCRIMINATION, DUE
PROCESS, JUST COMPENSATION FOR PROPERTY USED FOR PUBLIC USE.
• 195. HOW DOES THE MIRANDA V. ARIZONA SHAPE MODERN INTERPRETATION OF
THE 5TH AMENDMENT?
• 196. DO THEY HAVE TO READ SOMEONE THEIR MIRANDA RIGHTS?
• 197. RIGHT TO A SPEEDY AND PUBLIC TRIAL, BY AN IMPARTIAL JURY, BE
INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION
• 198. THE SIXTH AMENDMENT TO THE U.S. CONSTITUTION GUARANTEES A CRIMINAL DEFENDANT A SPEEDY TRIAL BY AN
"IMPARTIAL JURY." THIS MEANS THAT A CRIMINAL DEFENDANT MUST BE BROUGHT TO TRIAL FOR HIS OR HER ALLEGED CRIMES
WITHIN A REASONABLY SHORT TIME AFTER ARREST.
• BARKER V WINGO - IN JULY OF 1958, AN ELDERLY COUPLE WAS BEATEN TO DEATH BY INTRUDERS. ONE OF THE SUSPECTS,
WILLIE BARKER. THEY WERE INDICTED ON SEPTEMBER 15TH OF THAT SAME YEAR, COUNSEL WAS APPOINTED AND THE
COMMONWEALTH DECIDED TO TRY MANNING FIRST TO OBTAIN A CONVICTION BEFORE TRYING BARKER. MANNING WAS TRIED
SIX TIMES, THE FIRST FOUR OF WHICH WERE FRAUGHT WITH MISTAKES AND RESULTED IN NEW TRIALS. IN FEBRUARY OF 1963,
AFTER MANNING WAS FOUND GUILTY OF THE BOTH MURDERS, THE COMMONWEALTH MOVED TO HAVE BARKER’S TRIAL
SCHEDULED. IT WAS THEN CONTINUED TWICE MORE. AT THE COMMENCEMENT OF THE TRIAL, BARKER MOVED TO HAVE THE
CASE DISMISSED FOR LACK OF PROSECUTION O THE GROUNDS THAT HIS RIGHT TO A SPEEDY TRIAL HAD BEEN VIOLATED. THE
MOTION WAS DENIED AND HE WAS CONVICTED AND GIVEN A LIFE SENTENCE. BARKER APPEALED AND ULTIMATELY CAME TO
THE SUPREME COURT.
•
IN ITS OPINION, THE COURT USED A FOUR-FACTOR BALANCING TEST TO DETERMINE IF THE RIGHT TO A SPEEDY TRIAL HAD BEEN
DENIED:
THE LENGTH OF THE DELAY: THE COURT CONCEDES THAT FIVE YEARS A GREAT TIME FOR DELAY
• THE GOVERNMENTAL REASONS FOR DELAY: TO DETERMINE TO DELAY IN ORDER TO GET A BETTER WITNESS AGAINST THE DEFENSE
IS NOT A GOOD REASON; HOWEVER, TO DO SO BECAUSE OF WITNESS AVAILABILITY IS
• THE DEFENDANT’S RESPONSIBILITY TO ASSERT HIS RIGHTS
• PREJUDICE TO THE DEFENDANT
• IN THE CASE AT HAND, THE COURT FOUND THAT THERE HAD BEEN LITTLE PREJUDICE TO THE DEFENDANT, BECAUSE HE HAD FAILED
TO ASSERT HIS RIGHT OR OBJECT TO THE DELAYS UNTIL THEY HAD ALREADY OCCURRED. ALSO, THE COURT FELT THAT BARKER
WAS GAMBLING ON THE OUTCOME OF MANNING’S TRIAL, WHICH IS WHY HE WAITED FOR THE DELAYS. THUS, THE COURT HELD
THAT BARKER WAS NOT PREJUDICED BY THE DELAY.
• 199. CLARENCE EARL GIDEON WAS CHARGED IN FLORIDA STATE COURT WITH A
FELONY: HAVING BROKEN INTO AND ENTERED A POOLROOM WITH THE INTENT TO
COMMIT A MISDEMEANOR OFFENSE. WHEN HE APPEARED IN COURT WITHOUT A
LAWYER, GIDEON REQUESTED THAT THE COURT APPOINT ONE FOR HIM.
ACCORDING TO FLORIDA STATE LAW, HOWEVER, AN ATTORNEY MAY ONLY BE
APPOINTED TO AN INDIGENT DEFENDANT IN CAPITAL CASES, SO THE TRIAL COURT
DID NOT APPOINT ONE. GIDEON REPRESENTED HIMSELF IN TRIAL. HE WAS FOUND
GUILTY AND SENTENCED TO FIVE YEARS IN PRISON. GIDEON FILED A HABEAS
CORPUS PETITION IN THE FLORIDA SUPREME COURT AND ARGUED THAT THE TRIAL
COURT’S DECISION VIOLATED HIS CONSTITUTIONAL RIGHT TO BE REPRESENTED BY
COUNSEL. THE FLORIDA SUPREME COURT DENIED HABEAS CORPUS RELIEF. VOTED
9 VOTES FOR GIDEON 0 AGAINST.
• WHAT IS THE IMPORTANCE OF THE CASE?
• 200. THE LEGALLY AUTHORIZED KILLING OF SOMEONE AS PUNISHMENT FOR A
CRIME.
• 201. HOW DOES FEDERALISM PLAY A ROLE IN THE USE OF CAPITAL PUNISHMENT?
• 202. CAPITAL PUNISHMENT SERVES AS A USEFUL DETERRENT TO FUTURE CAPITAL
CRIMES AND AN APPROPRIATE MEANS OF SOCIAL RETRIBUTION AGAINST ITS MOST
SERIOUS OFFENDERS. - GEORGIA LEGISLATURE
• 203. SLAVERY PROHIBITED
• 204. LEGISLATION ENACTED BY FORMER SLAVE STATES TO RESTRICT THE FREEDOM
OF BLACKS
• 205. EX-SLAVES MADE CITIZENS, DUE-PROCESS CLAUSE,
• 206. DO @ HOME
• 207. HOW WAS THE DOCTRINE OF SEPARATE BUT EQUAL DOCTRINE RELATE TO
PLESSY V. FERGUSON?
• 208. VOTED 9-0 . DESPITE THE EQUALIZATION OF THE SCHOOLS BY "OBJECTIVE"
FACTORS, INTANGIBLE ISSUES FOSTER AND MAINTAIN INEQUALITY. RACIAL
SEGREGATION IN PUBLIC EDUCATION HAS A DETRIMENTAL EFFECT ON MINORITY
CHILDREN BECAUSE IT IS INTERPRETED AS A SIGN OF INFERIORITY. THE LONG-HELD
DOCTRINE THAT SEPARATE FACILITIES WERE PERMISSIBLE PROVIDED THEY WERE
EQUAL WAS REJECTED. SEPARATE BUT EQUAL IS INHERENTLY UNEQUAL IN THE
CONTEXT OF PUBLIC EDUCATION. THE UNANIMOUS OPINION SOUNDED THE
DEATH-KNELL FOR ALL FORMS OF STATE-MAINTAINED RACIAL SEPARATION.
• 209. RIGHT TO VOTE SHALL NOT BE DENIED TO ANY CITIZEN ON ACCOUNT OF RACE, COLOR,
OR PREVIOUS CONDITION OF SERVITUDE.
• VOTING RIGHTS ACT OF 1965 -THE VOTING RIGHTS ACT OF 1965 IS A LANDMARK PIECE OF
FEDERAL LEGISLATION IN THE UNITED STATES THAT PROHIBITS DISCRIMINATION IN VOTING. IT
WAS SIGNED INTO LAW BY PRESIDENT LYNDON B. JOHNSON DURING THE HEIGHT OF THE
AMERICAN CIVIL RIGHTS MOVEMENT ON AUGUST 6, 1965, AND CONGRESS LATER AMENDED
THE ACT FIVE TIMES TO EXPAND ITS PROTECTIONS. DESIGNED TO ENFORCE THE VOTING RIGHTS
GUARANTEED BY THE FOURTEENTH AND FIFTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION, THE ACT ALLOWED FOR A MASS ENFRANCHISEMENT OF RACIAL MINORITIES
THROUGHOUT THE COUNTRY, ESPECIALLY IN THE SOUTH. ACCORDING TO THE DEPARTMENT OF
JUSTICE, THE ACT IS CONSIDERED TO BE THE MOST EFFECTIVE PIECE OF CIVIL RIGHTS
LEGISLATION EVER ENACTED IN THE COUNTRY.
• THE ACT ESTABLISHES EXTENSIVE FEDERAL OVERSIGHT OVER ELECTIONS. ECHOING THE
LANGUAGE OF THE FIFTEENTH AMENDMENT, SECTION 2 OF THE ACT GENERALLY PROHIBITS ANY
STATE OR LOCAL GOVERNMENT FROM IMPOSING ANY VOTING LAW THAT RESULTS IN
DISCRIMINATION AGAINST RACIAL OR LANGUAGE MINORITIES. ADDITIONALLY, THE ACT
SPECIFICALLY OUTLAWS LITERACY TESTS AND SIMILAR DEVICES THAT WERE HISTORICALLY USED
TO DISFRANCHISE RACIAL MINORITIES.
• 210. WHAT METHODS WERE USED BY CIVIL RIGHTS ACTIVISTS TO BRING ATTENTINO TO THEIR CAUSE?
• 211. DO @ HOME
• 212. TRUMAN ISSUED TWO EXECUTIVE ORDERS BANNING SEGREGATION IN THE ARMED FORCES AND
GUARANTEEING FAIR EMPLOYMENT PRACTICES IN THE CIVIL SERVICE. THE MILITARY TOOK TWO YEARS TO
PUSH THROUGH THE LAW AND VERY FEW AFRICAN AMERICANS BECAME OFFICERS. BUT THE NUMBER OF
FRONT LINE TROOPS WHO WERE AFRICAN AMERICAN DID INCREASE IN THE KOREAN WAR WHEN
COMPARED TO THE SECOND WORLD WAR. IN THE CIVIL SERVICE, THE FEDERAL EMPLOYMENT BOARD
WAS CREATED IN 1948 TO GIVE MINORITIES EQUAL TREATMENT IN FEDERAL EMPLOYMENT AGENCIES.
HOWEVER, IT WAS SHORT OF MONEY FROM THE FIRST AND MANY IN FEDERAL AGENCIES WERE FAR TOO
CONSERVATIVE TO GIVE IT THEIR SUPPORT. HOWEVER, THE EXECUTIVE ORDER HAD SET A PRECEDENT
ABOUT THE DESIRE TO HAVE EQUALITY.
• 213. CARTOON SHOWS PRESIDENT-ELECT EISENHOWER SMASHING THE CHAINS (LABELED "ONE-PARTY
SYSTEM") FETTERING THE ARMS OF "THE SOUTH." THE CAPTION REFERS TO THE NICKNAME EARNED BY
PRESIDENT LINCOLN AFTER HE ISSUED THE EMANCIPATION PROCLAMATION DURING THE CIVIL WAR. THE
CARTOON COMPARES THE FREEING OF THE SLAVES TO THE FACT THAT IN THE 1952 PRESIDENTIAL
ELECTION, FOR THE FIRST TIME IN MANY YEARS, FOUR SOUTHERN STATES (FLORIDA, TENNESSEE, TEXAS,
AND VIRGINIA) HAD VOTED FOR THE REPUBLICAN CANDIDATE.
• 214. SHORTLY AFTER WARREN’S APPOINTMENT, IN DECEMBER 1953, THE COURT
HEARD THE RE-ARGUMENT OF BROWN. IN THE JUSTICES’ OPENING CONFERENCE
WARREN PROCLAIMED, “SEPARATE BUT EQUAL DOCTRINE RESTS ON BASIC
PREMISE THAT THE NEGRO RACE IS INFERIOR
• HOW DID THE SOUTH RESPOND TO THE BROWN DECISION?
• 215. GOVERNMENT IMPOSED SEGREGATION I.E. SEPARATE SCHOOLS FOR BLACKS
AND WHITES
• 216. IN 1964 CONGRESS PASSED PUBLIC LAW 88-352 (78 STAT. 241). THE
PROVISIONS OF THIS CIVIL RIGHTS ACT FORBADE DISCRIMINATION ON THE BASIS
OF SEX AS WELL AS RACE IN HIRING, PROMOTING, AND FIRING.
• 217. 24TH AMENDMENT - POLL TAX OUTLAWED. HOW DOES IT RELATE TO THE
VOTING RIGHTS ACT OF 1965 (Q. 209)?
• 218. THE CIVIL RIGHTS ACT SIGNED INTO LAW IN APRIL 1968–POPULARLY
KNOWN AS THE FAIR HOUSING ACT–PROHIBITED DISCRIMINATION CONCERNING
THE SALE, RENTAL AND FINANCING OF HOUSING BASED ON RACE, RELIGION,
NATIONAL ORIGIN AND SEX.
• 219. AFFIRMATIVE ACTION POLICIES AND PROGRAMS ARE DESIGNED TO ENSURE
THAT QUALIFIED INDIVIDUALS HAVE EQUAL ACCESS TO OPPORTUNITY AND ARE
GIVEN A FAIR CHANCE TO CONTRIBUTE THEIR TALENTS AND ABILITIES.
• 220. THERE ARE JUST AS MANY ARGUMENTS AGAINST AFFIRMATIVE ACTION AS IN
FAVOR OF IT. SOME EXAMPLES INCLUDE:
• REVERSE DISCRIMINATION SHOULDN'T BE USED TO FIX PAST DISCRIMINATION
• PEOPLE SHOULD BE CHOSEN BASED ON MERIT AND NOT BY RACE OR GENDER
• MINORITIES AND WOMEN FROM LOWER CLASSES AREN'T HELPED BY AFFIRMATIVE
ACTION, ONLY THOSE INDIVIDUALS FROM PRIVILEGED BACKGROUNDS
• DIVERSITY OF OPINION ISN'T CREATED BY DIVERSITY OF RACE OR GENDER
• DEVALUES THE HARD WORK OF MANY MINORITIES AND WOMEN
• INCREASES RACIAL TENSION
• 221. DO @ HOME, OYEZ
• 222. WHAT WERE THEY, SEE PREVIOUS NOTES
• 223. THE MOVEMENT OF HIGH-LEVEL EMPLOYEES FROM PUBLIC SECTOR JOBS TO
PRIVATE SECTOR JOBS AND VICE VERSA. THE IDEA IS THAT THERE IS A REVOLVING
DOOR BETWEEN THE TWO SECTORS AS MANY LEGISLATORS AND REGULATORS
BECOME CONSULTANTS FOR THE INDUSTRIES THEY ONCE REGULATED AND SOME
PRIVATE INDUSTRY HEADS RECEIVE GOVERNMENT APPOINTMENTS THAT RELATE TO
THEIR FORMER PRIVATE POSTS.
• 224. A PAYMENT GIVEN TO A PROFESSIONAL PERSON FOR SERVICES FOR WHICH
FEES ARE NOT LEGALLY OR TRADITIONALLY REQUIRED.
• 225. WHAT IS THE WAR POWERS RESOLUTION?
• 226. THE BASIC ELEMENT OF THE GERMANENESS RULE IS THE REQUIREMENT THAT
AN AMENDMENT ADDRESS THE SAME SUBJECT AS THE UNDERLYING BILL.
• 227. PARTY POLARIZATION?
• 228. MOTOR VOTING?
• 229. PHOTO IDENTIFICATION LAWS?
• 230. CONGRESS’ ENUMERATED POWERS - DECLARING WAR • POWER OF THE
PURSE • TREATY RATIFICATION • REGULATING COMMERCE WITH OTHER NATIONS
• RAISING AND SUPPORTING ARMY/NAVY • PASSING LAWS RELATIVE TO
FOREIGN POLICY • DEFINING AND PUNISHING OFFENSES AGAINST THE LAWS OF
OTHER NATIONS • CONFIRMING CABINET OR ADMINISTRATIVE APPOINTMENTS:
DEFENSE, STATE, TRADE REPS, ETC.
• 231. PRESIDENTS EXPRESSED POWERS IN FOREIGN POLICY - RECEIVING
AMBASSADORS • APPOINTING AMBASSADORS • COMMANDER-IN-CHIEF •
MAKING TREATIES • APPOINTING CABINET OFFICERS AND ADMINISTRATIVE
AGENCY HEADS RELEVANT TO FOREIGN POLICY