Government Final 2013

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  1. Watergate
    • (1972-1974)
    • Early in the morning of June 17, 1972, several burglars were arrested inside the office of the Democratic National Committee (DNC), located in the Watergate building in Washington, D.C.
    • This was no ordinary robbery - The prowlers were connected to President Richard Nixon’s reelection campaign, and they had been caught while attempting to wiretap phones and steal secret documents.
    • While historians are not sure whether Nixon knew about the Watergate espionage operation before it happened, he took steps to cover it up afterwards, raising “hush money” for the burglars, trying to stop the Federal Bureau of Investigation (FBI) from investigating the crime, destroying evidence and firing uncooperative staff members.
    • In August 1974, after his role in the Watergate conspiracy had finally come to light, the president resigned.
    • His successor, Gerald Ford, immediately pardoned Nixon for all the crimes he “committed or may have committed” while in office.
    • Although Nixon was never prosecuted, the Watergate scandal changed American politics forever, leading many Americans to question their leadership and think more critically about the presidency.
  2. Richard Nixon
    • 37th President
    • Resigned in 1974, after his role in the Watergate conspiracy had finally come to light. (1st President ever to do so)
    • Considered a moderate President
    • Started programs to tackle social problems
    • Attacked free enterprise
    • Did a lot with Foreign Affairs: Withdrew troops from Vietnam, Opened the door w/ China, Signed treaties with Russia
  3. 22nd Amendment
    President can only be elected 2 terms, a total of 4 years
  4. 25th Amendment
    • If P resigns or is killed/dies, VP becomes P
    • If there is a VP vacancy, P nominates new VP, and w/ majority Congress vote, becomes new VP
    • If P declares he cannot fulfill duties, VP will fill in as acting P
    • If VP declares P cannot fulfill duties, VP becomes acting P until - P denies inability or P doesn't deny and Congress decides
  5. Andrew Johnson and Bill Clinton
    • Only two P's impeached
    • Johnson: 1 vote short of conviction
    • Clinton: Whitewater scandal (A real estate controversy)
    • Questions surrounding the Clintons' involvement in the Whitewater deal grew during President Clinton's first term in office and an investigation into the legality of the Whitewater transactions was launched.
    • The investigation found that Clinton had pressured David Hale into making a loan that benefited both Bill Clinton and Madison Guaranty.
    • Investigation went on to include the Lewinsky sex scandal and several other controversies involving the Clintons. All three inquiries into the Whitewater land deal yielded insufficient evidence to charge the Clintons with criminal conduct.
  6. Impeachment and Conviction Processes
    • Stage 1. Resolution: A resolution, known as an inquiry of impeachment, is referred to the Judiciary Committee. Or, among other alternatives, a member may introduce a bill of impeachment, to be referred to the committee.
    • Stage 2. Committee vote: After considering evidence, the Judiciary Committee votes on a resolution of inquiry stating whether there is enough evidence for impeachment.
    • Stage 3. House vote: In this case, the full House would vote whether to approve a Judiciary Committee decision to proceed to a full-blown impeachment hearing.
    • Stage 4. Hearing: The Judiciary Committee holds hearings into the accusations, possibly broadening the inquiry into other subjects
    • Stage 5. Report: The committee votes on one or more bills of impeachment and issues a report to the House, setting forth articles of impeachment
    • Stage 6. House vote: The House votes on the bill of impeachment. A simple majority decides whether to bring the case before the Senate. The House can overturn a Judiciary Committee vote in which the majority
    • recommended against impeachment
    • Stage 7. Senate trial: In a trial conducted on the Senate floor, the House Judiciary Committee brings the case against the President, who is defended by his own lawyers. The Senate acts as the jury, and the Chief Justice of the Supreme Court presides over the trial.
    • Stage 8. Senate vote: The Senate votes on each article of impeachment. If a two-thirds majority supports impeachment, the President is removed from office.
  7. Presidential Succession Act of 1947
    • Passed after World War II
    • Placed the Speaker of the House and the President Pro Tempore of the Senate behind the Vice President. The line of succession then extended to the executive department heads in the order in which their agencies were created.
  8. Balancing the Ticket
    Presidential candidates are often advised to pick a running-mate who "balances the ticket" i.e., one whose qualities make up for the candidate's perceived weaknesses.

    • There are several means by which the ticket may be balanced:
    • 1) Someone who is from a different region than the candidate may be chosen as a running mate to provide geographic balance to the ticket;
    • 2) A running mate from a competing faction may be chosen so as to unify the party;
    • 3) Running mates may be chosen to provide ideological, age, or demographic balance.
  9. Role of Vice President
    • Most Important Roles:
    • 1) 2nd to P, should anything happen to P;
    • 2) Tie Breaker is tie arises in Senate;
    • 3) Balances the ticket (brings unique characteristics to the ticket)
  10. Article II's "Elastic Clause"
    "The executive power of the United States shall be vested in a President."
  11. FDR
    • Listened to Keynesian Economics (Recession > Deficit > Bump Up Economy)
    • First to address nation through radio
    • First to send Priorities to Congress
    • Creates what would become the Office of Management and Budget (OMB)
  12. Cabinet
    • The Cabinet includes the Vice President and the heads of 15 executive departments (the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing, and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General)
    • P's 1st duty is to name Cabinet members (approval by Senate required)
    • Not a major source of advice like it used to be (Some P's listen to advice, some don't)
  13. White House Staff
  14. Office of Management and Budget
    • OMB
    • Created by FDR
  15. Patronage
  16. Going Public
    • Going public represents a new style of presidential leadership in which the president sells his programs directly to the American public.
    • Example: FDR presented his proposed New Deal over the radio to the American people
  17. Honeymoon Period
    90-100 days of positive press after President is elected
  18. Executive Order
    • An executive order is a directive by the President of the United States that has the power of a federal law.
    • Presidents might issue executive orders to create committees or organizations like the Peace Corps. In general, though, Presidents use executive orders to direct and manage how the federal government operates.
  19. Executive Agreement
    An agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement for ratification by two-thirds of the U.S. Senate.
  20. 1) What are the enumerated powers of the president?
    2) What are the most important powers?
    3) When do these tend to grow?
    4) Historical Examples?
    • 1) Power to appoint of 75000 people, excluding military;
    • Power to convene Congress (tell them they cannot leave until job is done - ex: budget);
    • Power to deliver State of the Union Address;
    • Negotiate treaties (w/ consent of Senate);
    • Make executive agreements/orders;
    • Receive ambassadors (P does not accept ambassador=Country does not exist);
    • No line-item veto;
    • Commander-in-Chief;
    • Power to pardon

    2) Commander-in Chief, Power to Convene Congress, and Power to Negotiate Treaties

    • 3) Commander-in Chief: When there is a national threat and response is needed.
    • Power to Convene Congress: When there is something that needs immediate attention and Congress is just twiddling their thumbs.
    • Negotiate Treaties: When a war has been dragging on and needs to end or when a war is to be avoided.

    4) Example: Budget Crisis January 2013 (Convene)
  21. 1) When do we consider a president to be effective?
    2) Was George Bush effective?
    3) Is Barack Obama effective?
    • 1)
    • Effectiveness as a Public Communicator
    • Organizational Capacity: His ability to forge a team and get the most out of it
    • Political Skill
    • Vision: The capacity to inspire
    • Cognitive Style: The way individuals think, perceive and remember information
    • Emotional Intelligence: Fundamentally free of distracting emotional perturbations

    2) Bush was not an effective public communicator, had little political skills, had little vision aside from oil, did not have a strong cognitive style, and did not have strong emotional intelligence. He did, however, have great organizational capacity. With all that said, I think it is clear Bush was NOT an effective President.

    3) Obama is a great public communicator, has good organizational capacity, has good political skills, has great vision, has a strong cognitive style, and is emotionally intelligent. I think Obama is an effective President. He has gotten a lot done for this country despite propaganda claiming otherwise.
  22. 1) How do modern Presidents since FDR differ from the 19th century?

    2) How does the Obama presidency differ from previous presidencies?
    1) Early President's were quiet and didn't challenge much.
  23. 1) What is the proper relationship between the president and Congress?

    2) Would the Founders have agreed with the current balance of power between the two branches?
    • 1) The proper relationship between the President and Congress is one where they both give and take. The President monitors Congress and can override their attempted actions and Congress monitors the President and can override his attempted actions.
    • 2) The current relationship is close to what the Founders have written in the Constitution, so I think the Founders would not be to upset with how both carry out.
  24. Spoils System
    Federal jobs became a way for the P to thank those who helped him
  25. Civil Service Reform Act (Pendleton Act) of 1883
    • Tests for jobs
    • Created to get rid of Spoils System
    • Cabinet = Only exception
    • Example: A mailman must pass an ABC's test
  26. Hatch Act of 1939
    Made it illegal for civil service to:

    • >Campaign for anyone
    • >Run for office
    • >Donate to any campaign
  27. Federal Employee Political Activities Act of 1993
    Amended the Hatch Act

    • Hatch Act:
    • Made it illegal for civil service to:
    • >Campaign for anyone
    • >Run for office
    • >Donate to any campaign
  28. Cabinet-level Departments
    • 15 Departments:
    • 1) Secretary of Agriculture,
    • 2) Secretary of Commerce,
    • 3) Secretary of Defense,
    • 4) Secretary of Education,
    • 5) Secretary of Energy,
    • 6) Secretary of Health and Human Services,
    • 7) Secretary of Homeland Security,
    • 8) Secretary of Housing and Urban
    • Development,
    • 9) Secretary of Interior,
    • 10) Secretary of Labor,
    • 11) Secretary of State, 
    • 12) Secretary of Transportation,
    • 13) Secretary of Treasury, 
    • 14) Secretary of Veterans Affairs,
    • 15) Attorney General
  29. Independent Regulatory Commissions
    Agencies that exist outside of the federal executive departments

    • Examples:
    • >Environmental Protection Agency (EPA)
    • >Federal Trade Commission (FTC)
    • >Federal Communications Commission (FCC)
    • >Federal Reserve System
  30. Independent Executive Agencies
    • The government not accounted for by cabinet departments, independent regulatory commissions, and government corporations.
    • Its administrators are typically appointed by the president and serve at the president's pleasure.

    • Examples:
    • >NASA
  31. Government Corporations
    Legal entities created by a government to exercise some of the powers of the government.

    • Examples:
    • >US Post Office
    • >Amtrak
    • >AIG
  32. 16th Amendment
    • The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.
    • For a government to grow, $ is needed
  33. Administrative Discretion
    • The interpretation of broad laws
    • "What does this law mean?"
    • The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties.
  34. Rule Making
    • Writing of rules and regulations that flesh out the law
    • Result of extensive hearings
  35. Administrative Adjudication
    The process by which an Administrative Agency issues an order, such order being affirmative, negative, injunctive, or declaratory in form.
  36. Regulation
  37. Congressional Review
    Regulations can be nullified by joint resolution of Congress and presidential signature within 60 days of implementation.
  38. Legislative Veto (INS vs. Chadha)
    • A provision that allows a congressional resolution (passed by a majority of congress, but not signed by the President) to nullify a rulemaking or other action taken by an executive agency.  
    • At one time, legislative veto provisions were relatively common, and went along with many congressional delegations of power to administrative agencies (e.g. congress would give the INS power to regulate immigration, but retain the power to overrule any of their decisions by legislative veto).  
    • The legislative veto was declared unconstitutional by the Supreme Court in INS v. Chadha (1983).
  39. Iron Triangle
    Image Upload
  40. Federal Register
    • The official journal of the federal government of the United States that contains most routine publications and public notices of government agencies.
    • There is a requirement that before a rule can be implemented, there needs to be at least 30 days notice
  41. Who controls the Bureaucracy:the President, Congress, the Courts, or all three?
    • Cases could be made for each branch of government, but I think the real answer is all three.
    • The President controls the bureaucracy through his enumerated powers (declaring war, appointing people, etc.).
    • Congress controls the bureaucracy through there powers (setting limits, regulating, etc.).
    • The Courts control the bureaucracy through its ability to decide what is or is not constitutional and applying the law.
  42. How does the iron triangle of policy-making work?
    Image Upload
  43. Is regulatory capture a serious problem?
    • I think it can be if it gets to the point where public safety is at risk.
    • The process by which regulatory agencies eventually come to be dominated by the very industries they were charged with regulating.
    • Regulatory capture happens when a regulatory agency, formed to act in the public's interest, eventually acts in ways that benefit the industry it is supposed to be regulating, rather than the public.
  44. What does the bureaucracy do, and how does it operate?
    • >Promote the public good: National Institutes of Health, Environmental Protection Agency, Federal Bureau of Investigation
    • >Protect the nation: Armed forces, Coast Guard, Central Intelligence Agency
    • >Sustain a strong economy: Federal Reserve Bank, Export-Import Bank, Securities and Exchange Commission
  45. When does the bureaucracy tend to grow?
    Examples from historical periods?
    • Times of crisis: Financial crisis or a crisis in general
    • >Example: 9/11, new agencies formed to protect USA

    • Time of money increase: Increase in $ means more $ to do things
    • >Example: Start up of Social Security, Medicare, etc.

    • Time of need by constituencies: People need rights
    • >Example: EEOC formed to protect workers against discrimination
  46. What were Max Weber's criteria for a modern bureaucracy?

    Does the US bureaucracy approximate his model?
    • >Hierarchical chain of command
    •   (Ex: Boss tells you to do something, you tell
    •    someone below you to do it)

    • >Division of labor and specialization
    •   (Every depart. function varies widely)

    • >Clear lines of authority
    •   (You know who you answer to)

    • >Impersonal rules and merit-based decision
    •   making
    •   (Rules are separated from personal opinion)

    I would say that the United States government fits the criteria pretty well. I definitely do not think that rules are separated from personal opinion, but the other three criteria seem to be met well.
  47. Why is the bureaucracy sometimes called, "The Fourth Branch of Government"?
    Each official branch of government influences each other and the bureaucracy fits with that pattern. The bureaucracy has influence within each other branch just as the others do.
  48. John Marshall
    • Perhaps the least appreciated figure in American history.
    • A strong nationalist and held a Hamiltonian view of the Constitution.
    • His decisions constantly favored manufacturing and business interests, advanced economic development, and established the supremacy of national legislation over state laws.
    • Asserted the precedence of federal power over state authority
  49. Marbury vs Madison, 1803
    • Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but  these last-minute appointments were never fully finalized.
    • The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court.
    • The justices held, through Marshall's forceful argument, that on the last issue the Constitution was "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the constitution is void."
    • In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid.
    • This case establishes the Supreme Court's power of judicial review.
  50. Three-tiered court system
    • District Courts:
    • The trial courts of the federal court system.
    • Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil lawsuits and criminal matters.

    • Circuit Courts of Appeals:
    • Cases appealed from district courts go to the appeals, or circuit, courts.
    • An appeal must be based on a claim that the district court judge committed a legal error.
    • A court of appeals also may review the factual findings of the district court or agency, but typically will overturn a decision on factual grounds only if the findings were clearly erroneous.

    • Supreme Court:
    • Hears appeals from the federal appeals courts, which must be based on an assertion that the appeals court's interpretation of the law or Constitution was wrong.
    • The Court usually accepts cases only where two or more circuit courts of appeals have disagreed or where an unusually important point of law is in dispute.
    • Hears appeals from state supreme courts where it is alleged that the state decision violated the federal Constitution.
    • Hears disputes between states.
  51. Elena Kagan
    • Supreme Court Justice
    • Judicial Activist (Left): Believe in protecting people from the State
    • President Obama nominated her as an Associate Justice of the Supreme Court on May 10, 2010
    • Took her seat on August 7, 2010
  52. Ruth Bader Ginsburg
    • Supreme Court Justice
    • Judicial Activist (Left): Believe in protecting people from the State
    • President Clinton nominated her as an Associate Justice of the Supreme Court
    • Took her seat August 10, 1993.
  53. Stephen Breyer
    • Supreme Court Justice
    • Judicial Activist (Left): Believe in protecting people from the State
    • President Clinton nominated him as an Associate Justice of the Supreme Court
    • Took his seat August 3, 1994
  54. Sonia Sotomayor
    • Supreme Court Justice
    • Judicial Activist (Left): Believe in protecting people from the State
    • 1st Obama nominee
    • President Barack Obama nominated her as an Associate Justice of the Supreme Court on May 26, 2009
    • Assumed this role August 8, 2009
  55. Anthony Kennedy
    • Supreme Court Justice
    • Judicial Restraint (Right): Believes in powers reserved to state
    • President Reagan nominated him as an Associate Justice of the Supreme Court
    • Took his seat February 18, 1988.
  56. Samuel Alito
    • Supreme Court Justice
    • Judicial Restraint (Right): Believes in powers reserved to state
    • President George W. Bush nominated him as an Associate Justice of the Supreme Court
    • Took his seat January 31, 2006.
  57. John Roberts
    • Chief Supreme Court Justice
    • Judicial Restraint (Right): Believes in powers reserved to state
    • President George W. Bush nominated him as Chief Justice of the United States
    • Took his seat September 29, 2005
  58. Antonin Scalia
    • Supreme Court Justice
    • Judicial Restraint (Right): Believes in powers reserved to state
    • Believes in following the original intent of the founding fathers
    • President Reagan nominated him as an Associate Justice of the Supreme Court
    • Took his seat September 26, 1986.
  59. Clarence Thomas
    • Supreme Court Justice
    • Judicial Restraint (Right): Believes in powers reserved to state
    • Black conservative
    • President Bush nominated him as an Associate Justice of the Supreme Court
    • Took his seat October 23, 1991
  60. Amicus Curaie Briefs
    • Amicus Curaie = Friend of the courts
    • High number = Courts more likely to issue Writ of Certiorari (A decision by the Supreme Court to hear an appeal from a lower court.)
  61. 1) Writ of certiorari
    2) vs petition for writ of certiorari
    1) A decision by the Supreme Court to hear an appeal from a lower court.

    • 2) A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. 
    • It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to  why the Court should grant the writ.
  62. Stare Decisis
    • "Let the decision stand"
    • Essentially the doctrine of precedent.
    • Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued.
    • Generally, courts will adhere to the previous ruling, though this is not universally true.
  63. Judicial Review
    • The power of courts of law to review the actions of the executive and legislative branches
    • Allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution.
  64. Vetting
    • A thorough and diligent review of a prospective person or project prior to a hiring or investment decision.
    • Most often refers to an individual or group, such as how a board of directors will "vet out" a prospective CEO or other top management position.
  65. Rule of 4
    • A custom of the United States Supreme Court that dictates that, if four justices decide that a case is worthy of being heard, the Court will agree to hear it.
    • This rule is designed to ensure that the court's majority cannot control which cases are heard, as without it, the minority justices might find themselves unable to try cases of interest.
  66. Clerks of Supreme Court
    • The officer of the Supreme Court of the United States responsible for overseeing filings with the Court and maintaining its records.
    • Sends petitions to chief first
  67. Chisholm v. GA, 1793
    • In 1777, the Executive Council of Georgia authorized the purchase of needed supplies from a South Carolina businessman.
    • After receiving the supplies, Georgia did not deliver payments as promised.
    • After the merchant's death, the executor of his estate, Alexander Chisholm, took the case to court in an attempt to collect from the state.
    • Georgia maintained that it was a sovereign state not subject to the authority of the federal courts.
    • The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artificial person" of the State of Georgia.
    • The Constitution made clear that controversies between individual states and citizens of other states were under the jurisdiction of federal courts.
    • State conduct was subject to judicial review.
  68. How powerful is the judicial branch relative to Congress and the Executive Branch?
    • The Judicial Branch is referred to as “The least dangerous branch”
    • It has no power over military or funds
    • It's only purpose is to decide cases
    • In comparison with the other two branches, the Judicial Branch is nowhere near as powerful.
  69. What does the Constitution say about the Courts?
    The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

    The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

    • The Constitution specifies in Section II, what kind of cases the Supreme Court will see.
    • Cases can include: Cases involving two or more states; the U.S. and a state; foreign diplomats; a state and the citizen of another state

    The Constitution gives it the power to check, if necessary, the actions of the President and Congress.

    The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all  the Constitution.
  70. How are judicial nominees selected?
    • Judicial nominations for all Article III courts that are sent to the Senate for consideration by the President are referred to the Senate Judiciary Committee. 
    • During a hearing, judicial nominees engage in a question and answer session with members of the Judiciary Committee. 
    • After the hearing, Committee members may send written follow-up questions to the nominee. 
    • After the completion of any follow-up questions, a nomination can then be listed for Committee consideration during an Executive Business Meeting. 
    • If a majority of the Senate votes in favor of a nomination, the
    • President is notified of the Senate's action, and the nomination is confirmed.
  71. What are the procedures of the Supreme Court?
    • A Term of the Supreme Court begins, by statute, on the first Monday in October.
    • Usually Court sessions continue until late June or early July.
    • The Term is divided between "sittings," when the Justices hear cases and deliver opinions, and intervening "recesses," when they consider the business before the Court and write opinions.
    • Sittings and recesses alternate at approximately two-week intervals.
    • With rare exceptions, each side is allowed 30 minutes argument and up to 24 cases may be argued at one sitting.
    • Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard.
    • For each case, the Court has before it a record of prior proceedings and printed briefs containing the arguments of each side.
    • During the intervening recess period, the Justices study the argued and forthcoming
    • cases and work on their opinions.
    • Each week the Justices must also evaluate more than 130 petitions seeking review of judgments of state and federal courts to determine which cases are to be granted full review with oral arguments by attorneys.
  72. 1) What types of opinions are there?

    2) Why are the writing, circulation, and signing of the opinions important?
    Majority Opinion: The official verdict in the case that represents the vote of the majority of justices (majority = at least 5 justices) (the more the stronger)

    Dissenting Opinion: An opinion written by a justice who disagrees with the majority

    Concurring Opinion: An opinion that agrees with the decision but may disagree with the some of the reasoning behind the Court opinion (Justice votes with the majority but for a different reason)

    Plurality: A concurring opinion joined by more justices than the official Court opinion

    Per curiam: The opinion is given by the full court, unsigned by the Justices

    • They are important because the Supreme Court is the final authority for interpreting federal laws and the US Constitution.
    • All courts in the US must adhere to the decisions as handed down by the Court.
    • In the common law system the lower courts must apply the same rule of law as the higher court has handed down.
    • In the case of interpretation of the constitution, the legislature must make a constitutional amendment to "overturn" the supreme court's interpretation.
    • In the case of common law or interpretation of statutes, the legislature can "overturn" the Supreme Court ruling by creating a new statute.
  73. When is a case likely to be heard by the Supreme Court?
    • Solicitor General asks for a review (70-80 percent of time, he’ll get it)
    • Conflict among Circuit Courts of Appeal
    • Important Civil Rights or Civil Liberties Question
    • High number of amicus curiae briefs
    • Ideological or policy preference of a justice
  74. What is the current composition of the court?
    (Who are the justices, and what is each of their philosophies?)
    Image Upload

    • Judicial Activist (Left): Believe in protecting people from the State
    • Judicial Restraint (Right): Believes in powers reserved to state
  75. Does judicial activism or restraint prevail in the current Supreme Court?
    • Judicial Restraint prevails in the current Supreme Court by one justice.
    • There is a high number (6) of justices that are of the Catholic Religion, making the values more traditional.
  76. Federalists
    • Wanted to get rid of: Articles of Confederation and ratify Constitution
    • Consisted of: Business elite who desired monetary stability
    • —Key Names: Alexander Hamilton, John Jay, James Madison
  77. Anti-federalists
    • Wanted to keep: The Articles of Confederation
    • Consisted of: —Small farmers and pioneers
    • Were: —Distrustful of central government
    • Represented: —Common man
    • Key Names: —Patrick Henry
  78. Democratic-Republicans
    • 1804
    • Thomas Jefferson won presidency as a member of this party
  79. Democrats

    • >Middle Class
    • >Liberal
    • >Pro-Life
    • >Anti Capital Punishment
    • >Anti Immigration
    • >50/50 Guns
    • >Decrease Military Spending
    • >Supports Gays
  80. Whigs
    • When: 1832
    • Who: —Henry Clay

    • When: 1856
    • What it did: Split the North and South Southern = pro-slavery
    • Northern = anti-slavery
  81. Republicans

    • >Rich
    • >Conservative
    • >White Christians
    • >Pro Life
    • >Pro War
    • >Pro Capital Punishment
    • >Pro Guns
    • >Increase Military Spending
    • >Anti Gay
  82. Andrew Jackson
    • 7th President
    • 1st President from the West
    • Became a democratic symbol
    • Founder of the Democratic Party, the country's most venerable political organization
    • Expanded executive powers and transformed the President's role from chief administrator to popular tribune.
  83. Thomas Jefferson
    • 3rd President
    • Author of the Declaration of Independence
    • He drafted legislation that abolished primogeniture, the law that made the eldest son the sole inheritor of his father's property.
    • He also promoted religious freedom, helping to establish the country's separation between church and state, and he advocated free public education
    • The rights that Jefferson insisted upon—among them were freedom of speech, assembly, and practice of religion—have become fundamental to and synonymous with American life ever since.
    • In the election of 1796, Jefferson was the favorite of Democratic-Republican opponents
  84. Henry Clay
    • The Whigs most prominent leader.
    • He pushed for independence for several Latin American republics, advocated for a national bank and, perhaps most significantly, argued strongly and successfully for a negotiated settlement between slave-owning states and the rest of the country over its western policy.
  85. Alexander Hamilton
    • Federalist
    • He believed that the Articles -- considered America's first, informal constitution -- separated rather than unified the nation.
    • He was convinced that establishing a strong central government was the key to achieving America's independence.
  86. How have the parties evolved over time? Since the founding?
    • Democrats at Founding: Traditional values, White Conservatives, Pro-Slavery
    • Republicans at Founding: Anti-Slavery,

    • Democrats Today:
    • Republicans Today:Traditional Values, White Conservatives
  87. What has been the impact of the following events on the two major political parties:
    1) The New Deal
    2) LBJ's Great Society
    3) The Vietnam War and counterculture
    4) Civil Rights Movement
    5) Removal of Christian culture from schools/public fora
    1) The Democratic Party became the majority. The Republicans split (conservatives - its horrid, liberal rep. - we can modify it)

    2) Switched many white Christians to the Republican Party because of the Civil Rights Act.

    3)When the government promised a change, and did not come through, Americans became frustrated, and I'm assuming many Republicans switched to Democratic because they did not feel the war was necessary.

    4) Blacks switched to the Democratic side and racist whites switched to the Republican side because Democrats were fighting for Civil Rights.

    5) Those who believed in the Christian religion above all else went Republican because Republicans support traditional values and want religion in schools.
  88. What functions do parties perform?
    • —Mobilize support and gather power
    • —Force for stability
    • —Provide unity: People who are like-minded hang together
    • Provide linkage: Different areas are linked together
    • Provide accountability: Dem vote Dem, Rep vote Rep
    • —Serve an electioneering function
    • —Serve as voting and issue cue
    • —Formulate and propose policy
  89. 1) Why are third parties largely irrelevant?

    2) Do they perform any important functions?
    • —1)
    • Single-member districts
    • —Winner-take-all
    • —The party has to fight for spot on ballot while other parties (Dem/Rep) get auto spot
    • —Organization entrenched in state and national legislatures – congressional caucuses
    • —News media ignores minor parties

    • 2)
    • Bring to light issues that other parties can use in their platforms
  90. Why have parties been in decline since the 1950s?

    Does the recent election believe this notion or demonstrate a new trend?
    The trust in the government has gone down tremendously. Each party has become extreme in its beliefs and less and less people want to vote for or associate themselves with extreme people and ideas.

    The recent election, I think, did follow this notion because Mitt Romney was an extreme Republican candidate and did not have a chance. Obama is not an extreme candidate (or at least compared to Romney) so it was obvious he was going to win.
  91. Primary
    Elections where voters go to the polls
  92. Open Primary
    • Election where anyone can vote regardless of party
    • (Election for candidate for a party)
  93. Closed Primary
    Election where only party members can vote (Election for candidate for a party)
  94. Caucus
    • Meeting where party members decide whom to support
    • Produces extreme candidates
  95. Delegate
    Delegates are individuals chosen to represent their states at their party conventions prior to a presidential election.
  96. Winner-Take-All
    • Candidate who receives most votes, takes all electoral votes
    • Maine & Nebraska only exceptions
  97. Proportional
    Proportional primaries give second-tier candidates a chance to earn a few delegates even if they can't win the popular vote.
  98. National Convention
    • Held in summer
    • Party not in power first, then party in power
    • Speeches from important people, factions
    • Each state delegation votes
    • Candidate officially announced and accepts nomination; others rally round
    • Platform crafted and announced
  99. Platform
    • Policies to stand behind and idea to focus on
    • Example: Universal Healthcare
  100. General Election
    • An election in which all or most members of a given political body are up for election.
    • A term used in opposition to primary election.
    • In the United States, primary elections serve to narrow down a field of candidates, and general elections actually elect candidates to offices.
    • The general election is usually held on Election Day, the Tuesday after the first Monday in November of even-numbered years.
  101. Elector
    • The electors of the Electoral College are real people.
    • How they are selected is determined by both state law and the rules of the political parties.
    • According to the U.S. Office of the Federal Register,"Generally, the political parties nominate electors at their State party conventions or by a vote of the party's central committee in each State.
    • Electors are often selected to recognize their service and dedication to their political party.
    • They may be State elected officials, party leaders, or persons who have a personal or political affiliation with the Presidential candidate.
    • Then the voters in each State choose the electors on the day of the general election.
    • The electors' names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State."
  102. Matching Funds
    Primary candidates qualify by raising $5,000 in 20 states in increments of $250 or less, then the government matches contributions of $250 or less dollar-per-dollar
  103. Hard Money
    • Money given directly to candidates
    • Highly regulated
  104. Hard Money Limits
    Image Upload

    Corporations cannot give hard money
  105. FECAs
    • Federal Election Campaign Acts
    • of 1971, 1974, and 1976
    • Set up limits on contributions
  106. PACs
    • Political Action Committee
    • Created to funnel campaign contributions directly to candidates
    • Corporations cannot contribute directly to PACs but can sponsor a PAC for employee donations.
    • Annual donations are limited to $5,000 from individuals, whose names and contributions must be disclosed.
  107. SuperPACs
    • Can raise and spend unlimited amounts on politics, but must operate independently of candidates and cannot contribute to individual candidates.
    • Donors must be disclosed to the Federal Election Commission
  108. 527s
    • Named for a section in the tax code
    • Can accept unlimited donations and spend unlimited money, but can’t contribute to candidates or coordinate their ads with candidates
    • Can run unlimited ads, but they cannot say “vote for” or “vote against” a specific candidate
  109. Soft Money
    • Money spent independently of candidates
    • Hard to regulate
    • Most flows through “527s”
  110. McCain Feingold Bipartisan Campaign Finance Reform Act of 2002
    • The US federal law that regulates the financing of political campaigns;
    • Chief sponsors: Senators John McCain (R) and Russell Feingold (D).
    • The law became effective 6 November 2002.
    • What it did: No more unlimited contributions to political parties/No more electioneering ads run by corporations or unions within 60 days of the general election, or 30 days of primary elections
    • Result: money flows to 527s, that had no limits
  111. Citizens United vs FEC, 2009

    How will this case affect corporate and union, soft money spending
    • Citizens United sought an injunction against the Federal Election Commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act (BCRA) to its film Hillary, The Movie.
    • The Movie expressed opinions about whether Senator Hillary Rodham Clinton would make a good president.
    • The majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited.
    • The majority maintained that political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation.
    • The majority also held that the BCRA's disclosure requirements as applied to The Movie were constitutional, reasoning that disclosure is justified by a "governmental interest" in providing the "electorate with information" about election-related spending resources.
    • The Court also upheld the disclosure requirements for political advertising sponsors and it upheld the ban on direct contributions to candidates from corporations and unions.
  112. How does a candidate become the party's chosen presidential candidate?
    • At a caucus, local party members gather to nominate a candidate. A caucus is a lively event at which party leaders and activists debateissues, consider candidates, choose delegates, and discuss the partyplatform, or statement of principles.
    • A primary is more like a general election. Voters go to the polls to cast their votes for a presidential candidate (or delegates who will represent that candidate at the party convention).
    • Primary elections are the main way for voters to choose a nominee.
    • Nominee for president is announced at national party conventions. The main goal of a national party convention is to unify party members behind the party's platform and nominees.
  113. How does the electoral college work?

    Why can the popular vote differ from the electoral college vote?
    • The Electoral College process consists of the selection of the electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress.
    • The Electoral College consists of 538 electors. A majority of 270 electoral votes is required to elect the President.
    • Your state’s entitled allotment of electors equals the number of members in its Congressional delegation - one for each member in the House of Representatives plus two for your Senators.
    • The popular vote can differ from the electoral college because small states are overrepresented.
  114. How much influence does money have on election outcomes?
    • With money the candidates can:
    • >Take out ads through media
    • >Hold fundraising events
    • >Hold party's

    Without money, candidates would have a difficult time getting their names known and would have a hard time competing against other candidates who do have money to do these things. Especially when the opponent takes out negative ads towards the other.
  115. Public Opinion
    What the people think about an issue or set of issues at any given point in time (because opinions change quickly)
  116. Poll
    • The process of voting on a topic
    • Exit Poll: Poll taken as you exit voting poll

    • Requirements for a good poll:
    • >Random Sampling
    • >Use a good method of contact
    • >Use proper/unbiased wording
    • >Use Likert Scale (1-5, 3 being IDK or No Opinion)
  117. Survey
    • A general view, examination, or description of someone or something.
    • Synonymous with poll
  118. Political Socialization
    The process of obtaining our political values
  119. Gallup Organization
    • Correctly predicted outcome for FDR election
    • Did so by using the correct polling characteristics
  120. Literary Digest
    • In 1916 they sent out postcards using car ownership and telephone records, correctly predicting elections from 1920 to 1932
    • In 1936, they incorrectly predict the election because when the Depression started only the upper middle class and up were buying cars which made the poll biased.
  121. Socializing Agents
    • Parents: You think like your parents and believe the things they say
    • Peers: You may be peer pressured into believing something
    • Media: Commercials, Interviews, CNN/Fox
    • School: Pledge of Allegiance
    • Social Groups: Religion, Race, Gender, Region, Socio-economic Status
    • Events: 9/11, Watergate
  122. Random Sampling
    • Every “n” has an equal chance of being selected
    • Every person in the population has an equal chance of being selected
    • Required for a accurate poll/survey
  123. Stratified Sampling
    • A probability sampling technique in which the researcher divides the entire target population into different subgroups, or strata, and then randomly selects the final subjects proportionally from the different strata.
    • This type of sampling is used when the researcher wants to highlight specific subgroups within the population.
  124. Quota Sampling
    • a type of non-probability sample in which the researcher selects people according to some fixed quota.
    • That is, units are selected into a sample on the basis of pre-specified characteristics so that the total sample has the same distribution of characteristics assumed to exist in the population being studied.
  125. Self-Selection and Straw Polling
    • Self-selection: Those being polled actively choose to be polled and "select themselves" to be polled.
    • Straw Polling: A vote with nonbinding results. Straw polls provide dialogue among movements within large groups. (Example - Family voting on dinner options)
  126. Method of Contact
    • Best method of contact is randomly selecting people to vote.
    • Self-Selection is ineffective and causes biased results.
  127. Likert Scale
    Polling options that include a "Don't Know" or "Neutral" option
  128. Exit Polls
    • Polls that occur as voters leave polling locations.
    • Example: "Did you vote Democrat or Republican?"
  129. Margin of Error
    • How much sample could vary from an actual count of all of the “n”'s
    • The room around an estimate in which an error can occur
  130. Correlation Confusion
    • Example: Mom and Baby nearsightedness study
    • Was thought that baby was nearsighted because mom left the light on in bedroom. Turns out, mom was nearsighted, which was why the baby was too.
  131. Post Hoc Fallacy
    • Fallacy = Error in logic
    • Assume one thing caused another
  132. Fallacy of Composition
    • Fallacy = Error in logic
    • What's true for one is not true for all
  133. Why did the Literary Digest incorrectly predict the results of the 1936 election?
    In 1936, they incorrectly predict the election because when the Depression started only the upper middle class and up were buying cars which made the poll biased.
  134. What are the elements of a good survey?
    Requirements for a good poll:

    • >Random Sampling
    • >Use a good method of contact
    • >Use proper/unbiased wording
    • >Use Likert Scale (1-5, 3 being IDK or No Opinion)
  135. What is the sampling error, or the margin of error, and how did it work against the media in the 2000 election?
    Margin of Error: How much sample could vary from an actual count of all of the “n”'s

    In the 2000 election, the media did not take into account the margin of error and therefore incorrectly predicted Al Gore to win the election. The next day when tally's were counted, Bush was the winner and the media looked like fools.
  136. Can a politician use a poll to promote his own views?

    How would he construct his poll to "prove" people think like him?
    • Yes, by using biased wording
    • Example: Instead of saying, "Do you believe in abortion?" the poll question could be, "Do you believe in killing babies?"

    The politician could word the question in a biased fashion then poll selected people or groups of people.
  137. What are the agents of political socialization?

    What limitations do researchers face in discerning the effects of various agents?
    • Parents: You think like your parents and believe the things they say
    • Peers: You may be peer pressured into believing something
    • Media: Commercials, Interviews, CNN/Fox
    • School: Pledge of Allegiance
    • Social Groups: Religion, Race, Gender, Region, Socio-economic Status
    • Events: 9/11, Watergate

    It's near impossible to distinguish changes in thought that occur because of these social factors. Just asking someone could yield highly biased results as people will respond with what they think is the answer and they may not realize that the factors effect them.
  138. Yellow Journalism
    Sensationalize news to sell papers
  139. Muckrakers
    • The name applied to American journalists, novelists, and critics who in the first decade of the 20th century attempted to expose the abuses of business and the corruption in politics.
    • Had noble intentions
    • Wanted to make government pay attention
  140. FCC
    • Federal Communications Commission
    • Established by the Federal Communications Act of 1934
    • Regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.
  141. 1927 Federal Radio Act
    • Says that airways are public property and leased to networks and broadcasters to serve the public purpose
    • Enacted to bring order to the chaos of radio broadcasting
  142. 1934 Federal Communications Act
    Established Federal Communications Commission

    Federal Communications Commission - Regulates radio, tv, telegraph, satellite and foreign communications
  143. 1996 Telecommunications Act
    (deregulation and conglomerate ownership)
    • Deregulated whole segments of the media like local phone and cable
    • Created to allow competition among companies
  144. Equal Time Rule
    Political candidates can purchase time, but network has to allow equal time for each candidate
  145. Right of Rebuttal
    • States that a person who is attacked on public television or radio must be given a chance to respond to the attack on the air.
    • Struck down by Federal Appeals Court in October 2000
  146. Fairness Doctrine
    • A Federal Communications Commission (FCC) policy.
    • The FCC believed that broadcast licenses (required for both radio and terrestrial TV stations) were a form of public trust and, as such, licensees should provide balanced and fair coverage of controversial issues.
    • Reversed in 1985
  147. NYT vs Sullivan, 1964
    • This case concerns a full-page ad in the New York Times which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote.
    • The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).
    • Under this new standard, Sullivan's case collapsed.
  148. Broadcast Decency Act 2005
    Raised fines from $27,500 per show to $325,000 per incident and maximum of $3,000,000 per day
  149. How has development of the electronic media changed politics?
    • Candidates now have the option to create television ads, which are extremely expensive and can be very convincing.
    • Candidates also have a lot of information open to the public with the internet
    • Sensitive information can be shared instantly across the world if released
  150. How does the media cover politics?
    (scandal, horse race)
    • Before the Watergate Scandal, the media avoided personal info
    • Now information is written about as soon as it happens regardless of what it is.
  151. How did NYT vs Sullivan, 1964, and Watergate, affect political reporting?
    • Political reporting included and almost focused on dramatic stories and breaking news consisted of scandals involving government officials.
    • After the Watergate Scandal the unspoken agreement between politicians and media to avoid personal info reporting.
  152. When can the media affect peoples' political attitudes?
    The media can affect peoples' political attitudes when the stations cover a scandal/catastrophe/breaking news, because they can sway opinions on the topic and heighten the fear toward the situation. The news stations can report false information and cause hysteria which, depending on the info, could sway someones' political status.
  153. Is there bias in the media?
    Of course there is. You've got Fox extremely biased to the right (Rep/Con), CNN extremely biased to the left (Dem/Lib). There are not really any news stations that are not biased. ABC does a pretty good job at staying neutral but slips sometimes and reveals its liberal ideals.
  154. 1) Which depiction of the terrorist threat is more accurate: Fahrenheit 911 or Obsession?

    2) Why?

    3)Which represents a liberal view? A conservative view?
    1) I thought the terrorist threat depicted in Farenheit 911 was extremely accurate.

    2) I thought that the idea that terrorism not only lies in foreigners but in our own government and country was important to document. It gives the viewers a chance to expand their mind and understand that maybe the government is not as honest and does not protect the American people as it should.

    3) Fahrenheit 911 is liberal and Obsession: The Movie is conservative.
  155. How has the threat of terrorism and 9/11 affected government policies in the US?
    • 9/11 caused an influx of new policies and an increase in diligence with policies already in action.
    • Homeland Security was created 11 days after 9/11/01. It's goal started as and still is protection from terror. The department protects the US borders, manages immigration, prevents terrorism, safeguards cyberspace, and ensure resilience during disasters.
  156. Era of Isolationism vs Era of Globalism
    • Era of Isolationism:
    • >A foreign policy built on the principle of avoiding formal military and political alliances with other countries.
    • >ž1st  150 yrs of US History
    • >Pursue commercial trade ties only
    • >—Not interested in global role (2 oceans of separation, so why bother)
    • >Monroe Doctrine

    • Era of Globalism:
    • > US should be prepared to use military force around the globe to protect its political & economic interests
    • >War on Communism
    • >Truman Doctrine, Containment, Marshall Plan
  157. Monroe Doctrine and Roosevelt Corollary
    • Monroe Doctrine: A basic principle of U.S. foreign policy that dates back to a warning President James Monroe issued in 1823 that the United States would resist further European efforts to intervene in the affairs of the Western Hemisphere.
    • Aim: Protect US interest in Western Hemisphere

    Roosevelt Corollary: (1904) Declaration made by Teddy Roosevelt which authorized US intervention in the affairs of neighboring American countries in order to counter threats posed to the US security and interests.
  158. Truman Doctrine
    • —US would actively oppose communists’ attempts to overthrow or conquer non-communist nations
    • Containment (US Foreign Policy) emerged from the Truman Doctrine
  159. Containment
    A bedrock principle of U.S. foreign policy from mid 1940s to early 1990s that emphasized the need to contain any further Soviet territorial & communist ideological expansion.
  160. Domino Theory
    • Governed much of U.S. foreign policy beginning in the early 1950s
    • Held that a communist victory in one nation would quickly lead to a chain reaction of communist takeovers in neighboring states.
    • Used the domino theory to justify its support of a non-communist regime in South Vietnam against the communist government of North Vietnam, and ultimately its increasing involvement in the long-running Vietnam War (1954-75)
  161. Marshall Plan
    • US commitment to rebuild Europe
    • Strengthen the economies
    • Soviets initially invited to participate
    • $100 Billion+ appropriated for task in today’s $$$
    • US was the only country still economically strong
  162. NATO vs Warsaw Pact
    • NATO:
    • >One of many agreements of the treaty stated that "an armed attack against one or more of the European signatories of the North American signatories would be considered an attack against all of them."
    • >Western European countries and Canada

    • Warsaw Pact:
    • >The Warsaw Pact was a military treaty which bound its signatories to run to the aid of the other signatories, should any of them fall victim to foreign aggression.
    • >It was a military alliance of communist nations in Eastern Europe.
    • >The Soviets intended that the Pact would serve as a military deterrent to the NATO nations and any plans they might have on attacking the Soviet Union or any of its allies.
  163. Main Focus: Cold War
    • Americans had long been wary of Soviet communism and concerned about Russian leader Joseph Stalin’s tyrannical, blood-thirsty rule of his own country.
    • After the war ended, these grievances ripened into an overwhelming sense of mutual distrust and enmity.
    • By the time World War II ended, most American officials agreed that the best defense against the Soviet threat was a strategy called “containment.”
    • The containment strategy also provided the rationale for an unprecedented arms buildup in the United States.
    • In particular, American officials encouraged the development of atomic weapons like the ones that had ended World War II.
    • Thus began a deadly "arms race." In 1949, the Soviets tested an atom bomb of their own.
  164. Main Focus: 1991-2001
    —Strategic reassessment (Bush I) tries to figure out what US should do during the post Cold War era. (—Still trying to decide when Clinton is elected in 1992.)

    žPolicy of Enlargement: (Clinton)— Expand democracy & free markets globally

    • Use military force as required:
    • >—Somalia 1993 (Turned against US)
    • >—Haiti 1994 (Did not go well)
    • >—Bosnia & NATO peacekeeping- 1995
    • >—Serbia bombing – 1999
    • >Kosovo – NATO bombing & peacekeeping- 2000
  165. Main Focus: Post 9/11
    • Focus: Counter Terror Policy & National Security Strategy
    • —Preemptive strikes & “preventative war”
    • US invasion of Afghanistan & Iraq II
  166. Unilateralism vs Multilateralism
    Unilateralism: The tendency of the US to act alone in foreign affairs without consulting other countries.

    Multilateralism: Three or more Nations cooperate together to solve some common foreign policy problem.
  167. National Security Council:
    1) Members?
    2) Focus?
    Created in 1947

    • 1) Members Include:
    • >President
    • >Vice President
    • >Secretary of State
    • >Secretary of Defense
    • >Director of CIA
    • >Chair of Joint Chiefs of Staff
    • >Headed by: National Security Advisor
    • >President makes final decision

    2) Matters involving national security

    >Discusses and implements domestic policy, foreign policy and military policy
  168. Current Concern: Nuclear Proliferation
    • Iran: Supposedly why we invaded Iran/Claims that they had nuclear warheads/Threat if they do because the country hates us
    • North Korea: Kim Jong Un threatening to send nuclear bombs to US bases around the world
  169. Current Concern: Middle East
    • Terrorism
    • Terrorists
    • Terrorists infiltrating US
  170. Current Concern: China
    • We are $2-$3 trillion in debt with China.
    • Most of the products we use/buy in the US are from China or other overseas countries because the labor cost is cheaper.
  171. Current Concern: Homeland Security
    • Need to find a way to balance security with liberties
    • Example: Gun Rights vs Gun Control
  172. Current Concern: Patriot Act
    • Some believe the Patriot Act is to invasive and gives the government too much power.
    • Some believe the Patriot Act is crucial to the safety of Americans and is a necessity.
Card Set:
Government Final 2013
2013-04-28 21:10:42
government 2013 final

Government Final 2013
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