exam 5

(1) List the five areas for the basis of bureaucratic power. • The President • Congress • The media • Special Interest groups • The General Public (2) Explain the seven elements that are involved when trying to fire a federal employee. 1. Written notice at least 30 days in advance of a hearing to determine incompetence or misconduct. 2. A statement of cause, indicating specific dates, places, and actions cited as incompetent or improper 3. The right to hearing and decision by an impartial official, with the burden of proof falling on the agency that wishes to fire the employee 4. The right to have an attorney and to present witnesses in the employee’s favor at th e hearing 5. The right to appeal any adverse action to the Merit System Protection Board. 6. The right to appeal any adverse action by the board to the U.S. Court of Appeals. 7. The right to remain on the job and be paid until all appeals are exhausted. (3) Name and explain the five major bureaucratic units in America's political system. • Executive Office: created in 1939 to serve as the managerial arm of the presidency. It includes such agencies as the National Security Council, Office of Management and Budget, the Council of Economic Advisors, and the Domestic Council. • Government Corporation: A bureaucratic unit that offers some service for which the benefiting individual or institution must pay directly. Example: Amtrak, U.S. Postal Service, the Export-Import Bank, and Federal Deposit Insurance Corporation. • Independent Agency: A type of bureaucratic unit organizationally located outside of an executive department and generally headed by a single individual. Example: Central Intelligence Agency, Veterans Administration, Peace Corps, and Environmental Protection Agency. • Independent Regulatory Commision: A type of bureaucratic unit organizationally located outside of the executive department, headed by a group of individuals called a commission, and charged with regulating a specific industry or economic priority. Example: Federal Elections Commission, Equal Employment Opportunity Commission, and the Interstate Commerce Commission. • Cabinet: Political institutions comprised mainly of executive department heads who collectively serve as a source of advice for the president. Example: Secretary of State, Treasury, Defense and Agriculture. (4) List the five big bureaucratic agencies in the American political system. 1. Department of Navy 2. Department of Army 3. Department of Air Force 4. Department of Veterans Administration 5. U.S. Postal Service (5) Identify the four major elements which can make one a good bureaucratic politician. 1. Cultivating a good base of support for one’s requests among the public at large and among people served by the agency.

2. Developing interest, enthusiasm, and support for one’s program among top political figures and congressional leaders. 3. Winning favorable coverage of agency activities in the media and among special interests 4. Following strategies that exploit opportunities. (6) Identify the two different definitions of " Bureaucracy " discussed in chapter 21. Bureaucracy: Departments, agencies, bureaus, and offices that perform the functions of government. Bureaucracy: Large private or public organizations that are hierarchical in structure, and that provide each employee with clearly defined responsibilities, base actions, and decisions on impersonal rules; they also hire and promote employees based on skills and training. (7) Name and explain the six civil rights amendments of the U.S. Constitution. 1. Thirteenth: Abolished slavery 2. Fourteenth: Gave Blacks citizenship, due process clause, equal protection of the law, and the privileges and immunities clause 3. Fifteenth: Gave black males the right to vote 4. Nineteenth: Gave women the right to vote 5. Twenty-fourth: Struck down the poll tax 6. Twenty-sixth: Gave those 18 years old and older the right to vote (8) Explain the five Titles of the Civil Rights Act of 1957. Title I-Established the commission of civil rights. Title II-Authorized the president to appoint, with the advice and consent of the Senate, one additional assistant attorney general in the Justice Department. Title III-Extended the jurisdiction of the district courts to include the protection for the right to vote. Also gave the president power to employ troops when necessary. Title IV- Provided further means to secure the right to vote. Title V- Provided punishment for those who violated the Civil Rights Act (1957). (9) Explain the followings below in full detail: (a) Civil Rights Act of 1964; Title I: Outlawed arbitrary discrimination in voting. Title II: Outlawed racial discrimination in public accommodations. Title IV: Allowed the Justice Department to sue school districts who would not comply with the investigation. Title VI: Banned racial discrimination in federally funded programs. Title VII: Prohibited discrimination in hiring on the basis of gender or race. Title IX: Prohibited discrimination in higher education. (b) Civil Rights Act of 1968; Prohibited discrimination in the sale or rental of housing. The act struck down: A. Restrictive covenants B. Redlining C. Blockbusting This act has also been extended to cover the handicapped and families with children.

• When they serve an important social or educational objective. (14) Explain the " Lemon Test ", in full detail. The lemon test which was created by the Court to assess the legality of states laws that seem to advance a religion has been employed by the U.S. Supreme Court when it comes to religion and freedom of expression. (15) Name and explain the 10 civil liberties amendments of the U.S. Constitution. They are collectively known as the Bill of Rights. Amendment 1: Freedom of speech, press, petition, assembly, religion Amendment 2: Right to bear arms Amendment 3: No quartering of troops Amendment 4: No searches and seizures without a warrant Amendment 5: Due process of law, no self-incrimination, right to a fair trial Amendment 6: Right to have a lawyer in criminal cases Amendment 7: Right to have a jury trial in certain civil cases Amendment 8: No cruel and unusual punishment, no excessive bails and fines Amendment 9: Enumerated powers, the protection of liberties not spelled out in the other amendments Amendment 10: Reserved powers given to the states (16) List those four documents which are the backbone of America's civilization. 1. The bible 2. Federalist Papers #10 and #51 3. The Declaration of Independence 4. The U.S. Constitution (17) Identify the following cases below: (a) Miranda v. Arizona (1966 ); The Supreme Court ruled that one’s rights had to be read immediately after his or her arrest. (b) Engel v. Vitale (1962); The Supreme Court declared unconstitutional a nondenominational prayer written by the New York Board of Regents for use in state public schools. (c) Schenck v. United States (1919); 1. First Amendment 2. Convicted under the Espionage Act (1917) 3. Ruling: Schenck lost case 4. Significance: Established the clear and present danger doctrine 5. Type case: Civil liberties (d) Plessy v. Ferguson (1896); a. thirteenth and fourteenth amendments b. Plessy sat in the wrong section of the train. C. Plessy lost the case. D. ruling: the Supreme Court agreed with Judge Ferguson. E. Significance: Established the separate but equal doctrine and gave Jim Crowism more power in the U.S. (e) Sweatt v. Painter (1950); a. Fourteenth Amendment B. Horman Sweatt wanted to attend the University of Texas law school. C. Painter felt that Sweatt should not attend the institution because he was black. D. Ruling: Supreme Court ruled in favor of Sweatt. E. Significance: This case helped to start integration in higher education.

(f) Brown v. Board of Education (1954); a. fourteenth amendment b. Linda Brown wanted to attend a white school. C. NAACP and Linda Brown appealed to the Supreme Court d. Supreme Court ruled in favor of Linda Brown. E. Significance: Reversed the decision in Plessy v. Ferguson. This case struck down the separate but equal doctrine (g) Abrams v. United States (1919); 1. First Amendment freedom of speech 2. Convicted under the Sedition Act (1918) 3. Ruling: Abrams lost case 4. Significance: Sedition Act upheld 5. Type case: Civil liberties (h) Loving v. Virginia (1967); The courts struck down a law banning interracial marriages. (18) Name and explain the four Reconstruction Periods. Reconstruction One was the period right after the Civil War. Reconstruction Two was the Harlem Renaissance. Reconstruction Three was the New Deal era; and as stated earlier, Reconstruction Four is the Civil Rights Movement. In each one of these periods there was a great metamorphosis in Black America, politically, economically, socially, and religiously. Also, during each of these periods, there was a change in race relations. (19) Summarize Box 20-3, concerning Cesar Chavez and his fight for Mexican Americans in two paragraphs. Cesar Chavez, a prominent figure in the Hispanic Civil Rights Movement, fought for economic equality since the 1950s. Born in the fields, he joined 300,000 Mexican Americans who migrated to southern California. In 1952, he met an organizer for the Community Services Organization and became a full-time organizer. Chavez encouraged migrant workers and their communities to fight for their rights, leading to the AFL-CIO's strike against grape and wine producers in Delano, California. He continued to enforce statutes and called for boycotts of table grapes and lettuce, using nonviolent tactics. Chavez passed away in 1993, and his funeral was attended by over 44,000 people. He received the Presidential Medal of Freedom posthumously in 1994. (20) What is " Dejure Segregation ", and what is " Defacto Segregation "? Dejure Segregation: segregation based on the law Defacto Segregation: segregation based on residential patterns (21) What is the " Sedition Act (1917) ", and what is the " Clear and Present Danger Test "? Clear and Present Danger Test : A standard used by the courts to determine whether speech may be restricted. An individual’s speech can be restricted by the courts if it creates a clear and present dang er threat to society. Sedition Act (1918): Made it a crime to speak or write against Congress or the president with the intent to defame or bring either in contempt. (22) What are civil liberties and how do they differ from civil rights? Civil liberties are those rights which protect us from an overbearing government. While civil rights are those rights which guarantee social equality for all citizens, the government sometimes will have to step in and protect its citizenry from one another. (23) Identify the case Barron v. Baltimore (1833). Originally, the Bill of Rights was limited to the national government, as the Supreme Court ruled in Barron v. Baltimore (1833). However, the Court accepted the selective incorporation theory, which emphasized that the Bill of Commented [AM1]: I looked over the three chapters and only saw the Sedition Act of 1918, I'm unsure if it was a typo or if I'm missing something.