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1
Q

Explain the equal protection clause.

A

Part of the Fourteenth Amendment to the United States Constitution, provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws. “The Fourteenth Amendment Equal Protection Clause applies only to state governments, but the requirement of equal protection has been read to apply to the federal government as a component of Fifth Amendment due process. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. The equal protection clause is not intended to provide “equality” among individuals or classes but only “equal application” of the laws

2
Q

What did the case Plessy vs Ferguson entail and what precedents did it set?

A

Plessy, an African man sat in a whites only railroad car and refused to move which led in his arrest. During this time it was a violation of the strict segregation imposed by the Jim Crow laws. Plessy’s lawyers argued that racial segregation laws violated the equal protection law of the fourteenth amendment. The courts ruled that it was not a violation as states had a desperate but equal services and facilities for minorities.

3
Q

What did the case Brown vs Board of Education entail and what precedents did it set?

A

Thurgood Marshall condemned the ruling of Plessy vs Ferguson in which he tried to overturn the doctrine of separate but equal. After he won the case it became clear that an important part of government endorsed a new concept of equality for forbidding racial segregation.

4
Q

Who was Earl Warren and what did he argue?

A

Earl Warren was the court’s chief justice who felt strongly that racial segregation violated the equal protection clause. He convinced his colleagues to condemn racial segregation and overturn the separate but equal doctrine of Plessy versus Ferguson.

5
Q

Explain the difference between civil liberties and civil rights.

A

Civil liberties are freedoms that protect the individual from government to a certain extent. Civil liberties set limits for government so that it cannot abuse its power and interfere with the lives of its citizens. Civil liberties are individual freedoms and legal protections guaranteed by the bill of rights that cannot be denied or hindered by government. Civil rights on the other hand are Public policies and legal protections concerning equal status and treatment in American society to advance the goals of equal opportunity, fare and open Political participation and equal treatment under the law without regard to race, gender, disability status and other demographic characteristics.

6
Q

Explain the difference between strict scrutiny and rational base testing.

A

Strict scrutiny refers to cases where courts require the government to show a compelling justification for any laws, policies, or practices that result in racial discrimination or the denial of fundamental rights. Rational basis tests:The govenment need only show that the challenged classification is rationally related to serving a legitimate state interest. Refer to: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm

7
Q

Describe how Congress is organized.

A

The House is led by the Speaker of the House. Underneath the Speaker are the House Majority and Minority leaders, and their assistants (known as “Whips”).

The work flow of the House is directed by the Speaker and Majority leaders. They funnel bills to the committees where all of the work gets done.

There are 19 standing committees in the House. In addition there are temporary committees that spring up occasionally to handle special work; but the majority of the heavy lifting is done by the 19 standing committees.

The Senate is structured similarly, but with one difference, the Senate is presided over by the Vice president of the US. When he is not there, the President Pro Tem of the Senate presides. There is a senate Majority and Minority Leader, as well as the Whips. But there are only 16 standing committees in the Senate.

8
Q

Explain how seats in the House of Representatives are apportioned among the states.

A

The seats in the United States House of Representatives are redistributed amongst the 50 states following each constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its share of the aggregate population of the 50 states

9
Q

Explain why it is hard for congress to legislate successfully.

A

The book indicates that hardcore partisanship create deep gridlock in which without a willingness to find common ground among parties little gets done in the legislature. Congress is Designed to be deliberately slow. Money, lobbying, riders on amendment process and sign on statements all contribute to creating a difficult/slow legislation process.

10
Q

What reforms might improve the performance of Congress and its members?

A

This is Personal Opinion, read about Congress and its Members and come up with a way to improve!

11
Q

State some important differences between the House of Representatives and the Senate.

A
House of Representatives: 
-435 members(apportionment based on state population)
-Two year terms
-Less flexible rules
-Limited debate
-Policy specialists with an emphasis on taxes and revenues
-Less media coverage
-Centralized power(with committee members)
-More partisan
-High turnover rate
Senate: 
-100 members(two from each state)
-six-year terms
-More flexible rules
-Virtually unlimited debate
-Policy generalists with an emphasis on foreign policy
-More media coverage
-Equal distribution of power
-Somewhat less partisan
-Water turnover rate
12
Q

Describe two functions of political parties within Congress.

A
  • First parties serve as an orientation function, both parties conduct extensive orientation sessions. This familiarized new members of congress with the procedures, norms, and customs of the chamber. They also serve to break new representatives into the social fabric of the capital.
  • Second parties in the legislature set the agenda for the coming session and establish priorities. Parties allow members to express their concern to the leadership, where they are prioritize into an agenda for the session. This process narrows a list and focuses on members efforts on priority items. No longer are there 200 different members of the same party independently fighting for a goal but rather 200 legislatures working in a unified, synchronize effort toward a common goal.
  • Third parties give their members in important time-saving tool, or voting queues, when it comes to committee service and floor voting. Here party leaders take positions on issues and suggest to other members of their party that they do the same.

Finally parties organize the committee appointment process. As legislators are given a wide range of topics, some committees are more desirable then others. By regularly following leadership this helps a member be appointed a choice assignment. Party leaders handle the difficult and sometimes contentious chore of committee appointments.

13
Q

Describe the committee system in Congress.

A

First, allows members of congress to divide their work among smaller groups. Second, from the huge number of bills introduced in each congress, committees distribute those few that are to receive further consideration. Third, they hold public hearings and help public learn about key issues. Long: Congress developed the committee system to facilitate its consideration of the various items of business that arise. Each house of Congress has a number of standing committee. Standing committees are permanent structures that perform detailed work of a legislature such as drafting a bill for consideration. First members of each committee become experts in that policy area so that they can better Determine the importance and implications of proposals. Second by dividing the legislature’s work between dozens of committees, or minilegislatures, avast number of measures can be considered simultaneously. Third this system enhances the representation process by allowing legislators to sit on committees that deal with issues of interest to their constituents. Fourth committees have taken a safety valve function by becoming the forum for public debate and controversy. They can absorb conflict or resolve the strains of the democratic system and can also promote conflict and increase tensions by blocking action on specific measures. Finally committees offer citizens many points of access into the legislative process. As few measures are considered without the committee level and given that committee votes Are often won or lost by a few votes, swinging a couple of legislators votes can change the fate of the piece of legislation and thus can be manageable for an average citizen.
Beside the standing committee are a few other committees. subcommittee: held under standing committee and follows the same rationale in which members specialize and thus break down a broad policy into more manageable parts. Select committee: established by both chambers to deal with a particular issue or problem. They are temporary and serve primarily In an investigative role that cannot approve legislation or move it forward. Conference committee: When each chamber passes similar but not identical legislation a conference committee is assembled to work out the differences and reach a compromise. For legislation to become law both branches of the legislature must first pass exactly the same bill. In a way these conference committees actually write legislation; so important are these committees they are titled the third house of Congress. Joint committees: Composed of members selected from each chamber in which they investigate, research, and oversight of agencies closely related to Congress. Standing joint committees: Permanent joint committees.

14
Q

Indicate why the practice of racial gerrymandering is so controversial.

A

Gerrymandering may be used to help or hinder a particular demographic, such as a political, ethnic, racial, linguistic, or class. gerrymandering underrepresented minority groups by packing them into a single district. This can be controversial, as it may lead to those groups’ remaining marginalized in the government as they become confined to a single district. Candidates outside that district no longer need to represent them to win election. Here groups are then stereotyped and viewed as being of the same in thought, needs, and voting pattern.

15
Q

Summarize the specific steps in the lawmaking process.

A

Step one introduction of the bill: a bill can originate from administrative agencies or interest groups But to begin the actual process of legislation in member of Congress must always introduce a bill in one chamber of that body. This person becomes the bill’s sponsor. Any member of the national legislature can introduce a bill with the exception of tax bills which can only be Introduced by the House.
Step two referral: After the bill is introduced it is referred to the committee, from there it is usually sent to the appropriate subcommittee
Step three committee consideration: Most measures remain at the subcommittee level where hearings are held and the language is sometimes modified and if the bill is approved at this level, it is reported back to the full committee.
Step four rules for floor action: Any Bill approved by full committee is sent to the floor for full chamber consideration. However in the house, a Required stop at the rules committee where procedural issues such as Length of time the bill will be debated and types of amendments are set.
Step five floor consideration: This is where every member in the chamber has an opportunity to express his or her support or lack of for the bill.
Step six conference committee: For a Bill to become a law an identical version must be approved in both houses. measures passed in one house but not the other house is called one house bills.
Step seven presidential action: a bill becomes law when the president signs it. if 10 days passed without the president having signed the bill the bill becomes law. Also the President can veto the bill sending it back to Congress.

16
Q

What is the oversight function of Congress?

A

Oversight is the responsibility of Congress to keep a close eye on the federal bureaucracy implementation of federal law. Congress helps create better accountability and an otherwise distant part of the federal government by Keeping an eye on the bureaucracy.

17
Q

What are the roles and Powers of the president?

A

According to the U.S. Constitution, the President is the head of the executive branch of the government. The President is commander of chief, has the power to make treaties with other countries and to appoint public officials, such as ambassadors. The President is to give a State of the Union address to Congress. The President’s duties have expanded to include: Chief of State, Chief Executive, Chief Diplomat, Chief Legislator, Chief of Party, and Chief Guardian of the Economy.
Commander-in-Chief: The President can authorize the use of U.S. troops but cannot declare war without the approval of Congress. He also cannot pay for a war without the approval of Congress.
Chief of State: The President is the head of the government. He represents the nation and serves as its most visible leader.
Chief Executive: The President nominates jurists for the federal bench and Supreme Court. Since the Supreme Court justices interpret the Constitution, the President’s appointees can change the nation.
Chief Diplomat: The President can negotiate treaties, but they must be ratified by two-thirds of the Senate. With the help of his advisers, the President sets the foreign policy for the nation.
Chief Legislator: The President can sign the legislation brought to him by Congress, or he can veto that legislation. Congress has the power to override a veto with a two-thirds vote. The President is responsible for the execution and enforcement of the laws created by Congress. The President can pardon someone charged with a federal crime, except in cases of impeachment.
Chief of Party: The President is the leader of his political party.
Chief Guardian of the Economy: One purpose of the government, according to the Constitution, is to “promote the general welfare.” That is interpreted today to mean that the President should make sure conditions are such that the economy prospers.

18
Q

How do Presidents govern and make policy?

A

As presidents can’t make laws, executives can find alternative ways to creat policies. Presidents can direct their agencies to direct policies, use executive order to direct legislature that does not require congress approval, utilize executive agreement in foreign policy, use the state of he union to reshape the publics opinion, they can use sign in statements to write bills into law that states how the bill shall be interpreted, they can secure funding for new or existing programs as presidents can propose what should be considered in the budget, and lastly the president has veto power which can help shape legislation.

19
Q

How might the presidency be reformed?

A

Critical thinking question. Your own opinion!

20
Q

Explain Watergate.

A

It was a political scandal that occurred in the United States in the 1970s as a result of the June 17, 1972 break-in at the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration’s attempted cover-up of its involvement. The scandal eventually led to the resignation of Richard Nixon, the President of the United States, on August 9, 1974 — the only resignation of a U.S. President. The scandal also resulted in the indictment, trial, conviction, and incarceration of forty-three persons, dozens of whom were Nixon’s top administration officials

21
Q

Explain Iran-Contra.

A

Aides of Ronald Reagan channeled republican donated funds to rebel contras fighting the leftist government in Nicaragua even though congress passed a measure to forbid it. The lesson was that while presidents view their position as commander in chief as supreme congress still had crucial powers over “the purse”(Prada of course). The United States bought black market weapons and sold them for more to Iran. They in turn use profits to give to contras. Iran too sells weapons at a higher price to contras. United States channeled money/drugs back into the United States. The president abused his power as he sold illegal weapons to Iran for hostages and sale of weapons and money to Nicaragua.

22
Q

Describe four president’s contributions to the evolution of power in the executive branch.

A

George Washington: set the precedence of a powerful but constrained executive. Essentially he set the rules and the power of the presidency. Abraham Lincoln: Took charge during the Civil War and established to future presidents that the executive branch should have weighty powers during times of crisis. War time powers. Theodore Roosevelt: Used the bully pulpit, White House(ethos), to shape public opinion and pushed his progressive movement reforms through Congress. He pushed for the stewardship model where presidential powers extend to everything except that which is prohibited by the Constitution. Franklin D Roosevelt: As he took office during the Great Depression and pushed for his new deal programs, he created federal agencies and institution which transformed the national government, placing the president at the center of American government.

23
Q

Describe three presidential resources.

A

Public appeal, power of agencies to essentially push legislature that do not require congressional approval, executive powers.

24
Q

What is the difference between the honeymoon period and the lame-duck period of a presidency?

A

Generally when a newly elected president takes office the opposing party will not be politically critical of him or her courtesy that has developed over our history. A lame duck is an elected official who is approaching the end of his or her tenure, especially one whose successor has already been elected.

25
Q

What is bureaucracy?

A

Refers to an organization with a hierarchical structure and specific responsibilities that operates on management principles intended to enhance efficiency and effectiveness. Action or in action by these agencies determines whether and how policies are implemented and how these policies will affect the lives of Americans.

26
Q

What are the sources of legal authority in the United States?

A

The constitution, case law(laws found in courts, judge made laws), precedence, statutory law, Administrative law.

27
Q

How is the American legal system organized?

A

The Constitution established only one federal court in the Judicial Branch, the Supreme Court. It left to Congress’ discretion the creation of other federal courts under its authority (the constitutional courts) and Article I. The three most widely used courts in the federal judiciary are: US District Courts: The US and its territories are divided into 94 federal judicial districts, each with its own district court. These are the courts where cases are tried. US Court of Appeals Circuit Courts: The District Courts are divided among 12 geographical regions, Circuits. Each circuit has its own Court of Appeals. There is also a thirteenth Circuit, the Federal Circuit which has nationwide jurisdiction over special subject matter, such as cases Court of Federal Claims. If a person looses a case in the district court that person can appeal the case to the appropriate Court of Appeals Circuit Court. Supreme Court of the United States: The Supreme Court is the highest of the federal courts. Cases from the Circuit Courts and those involving federal question jurisdiction from the state supreme courts can be appealed to the Supreme.

28
Q

How do courts make public-policy?

A

Judges cannot make policy however they can use their power of judicial review to block actions by other branches of government and interpretation to shape public policy. To see their declarations of law translated into actual public policy changes must typically rely on public obedience and on enforcement by the executive branch of government. Court decisions also represent an important source of policy change such as brown vs board of education.

29
Q

Identify the events and factors that influenced the development of the grassroots Civil Rights Movement.

A

A number of significant events in the 1950s and 1960s mobilized African-Americans to mount organized, nonviolent protests despite death threats, sniper bullets, and police brutality directed at them. These events included the Montgomery bus boycott in response to the arrest of Rosa Parks, and the murders of civil rights workers. The violent response by Southern whites to African-Americans nonviolent demonstrations helped to dramatize the need for civil rights protections By changing public opinion and spurring the federal government to take action.

30
Q

Describe Three Types of Law.

A

Criminal law: describes a group of actions a person might do, which are prohibited by society as a whole. It exists to make sure that people do not fall below a minimum standard of behavior
Civil law: describes the way in which people relate to one another, largely in economic terms. It exists to protect peoples’ property and personal rights against other people, in ways that sometimes do not concern society as a whole but do concern the individuals in question. So this area of law embraces breaches of contracts and business relationships, compensation for personal injury or damage to property caused by other people, and disputes about ownership of certain things.
Constitutional law: deals with some of the fundamental relationships within our society. This includes relationships among the states, the states and the federal government, the three branches (executive, legislative, judicial) of the federal government, and the rights of the individual in relation to both federal and state government.

31
Q

Explain the role of third parties in our system.

A

Third parties arise when a group of people believe that the major two parties have become unresponsive to their needs. Many independent candidacies and third parties fulfill the important role of bringing an issue to the public eye that has been neglected by the major players. However, before the issue can be resolved, it usually has to be “adopted” by one of the major parties. Over time, third parties and their ideas tend to be reabsorbed into whichever major party is willing to listen to their issues.

32
Q

Describe the different types of primaries.

A

Direct primary election: Primary election in which rank-and-file members, average citizens, vote to select their candidates.
Closed primary system: Only registered members of the party are allowed to vote in the primary. Open primary system: A primary election process in which voters are allowed to cast ballots without declaring which party they are voting for.
Binding primaries: Where voters in primary elections choose delicates who have pledged their support to a particular presidential candidate. The delegates then vote for this candidate at the nominating convention.
Invisible primary: Candidates who are able to grab media attention and money before the primary in caucus season which gives them an advantage.

33
Q

Explain the basic philosophical difference between conservative and liberal.

A

Liberal versus conservative: Liberal: is a person who generally supports governmental action to promote equality, favors governmental intervention in the economy, and supports environmental issues. Conservative: People who believe in limiting government spending, preserving traditional patterns of relationships, and that big government is a threat to personal liberties.

34
Q

What is the difference between a majority opinion, concurring opinion and dissenting opinion?

A

Majority opinion: appellate court opinion that explains the reasons for the case outcome as determined by a majority of voters.
Concurring opinion: appellate court opinion written by judges who agree with the outcome favored by the majority.
Dissenting opinion: appellate court opinion explaining the views of one or more judges who disagree with the outcome of the case as decided by the majority of judges

35
Q

What is a Writ of Certiorari?

A

a traditional legal order that commands a lower court to send a case forward. Also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court. Certiorari is a Latin word meaning “to be informed of, or to be made certain in regard to.

36
Q

What is the difference between the rational base test and the strict scrutiny test?

A

In the rational basis test cases the government can justify different treatment by merely providing a rational reason for using a particular policy or practice advances legitimate governmental goals. Strict scrutiny places the burden on the government to demonstrate the necessity of a specific law in order to outweigh an individuals desire to engage in religious practice. Compelling government interest test