exam 4
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Dallas County Community College *
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Political Science
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Dec 6, 2023
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(1) Explain the three major levels of the federal court system as outlined in Table 17-1.
District courts, circuit courts, and the Supreme court of the United States, the final level of appeal in the federal system. 1.Supreme Court
—
nine Justices 1. Appellate Jurisdiction (one court) a. Lower federal courts b. Highest state courts 2. Original Jurisdiction a. Two or more states b. The U.S. and a state c. Foreign ambassadors and other diplomats B. U.S. Courts of Appeals
—
13 circuit courts and over 100 circuit judges 1. Hear appeals from lower courts 2. Have no original jurisdiction C. Federal District Courts
—
94 courts and about 600 or more judges 1. Original Jurisdiction a. Cases involving federal crimes b. Civil suits under federal law (2) Explain the seven major effort of the U.S. Supreme Court through-out its political history.
1.
Define the life-or-death issue of capital punishment. 2.
Define the rights of criminal defendants, prevent unlawful services, limit the questioning of suspects, and prevent physical or mental intimidation of subjects. 3.
Ensure equality of representation and require legislative districts to be equal in population. 4.
Define the limits of free speech and free press, and decide about obscenity, censorship and pornography. 5.
Determine the personal liberties of women and decide about abortion. 6.
Ensure separation of church and state and decide about prayer in public schools. 7.
Eliminate racial segregation and decide about affirmative action. (3) How does a bill become law in the U.S.Congress?
a. A Bill is introduced in the House/Senate (placed in the hopper). b. First reading is given by the House/Senate clerk only by title and is assigned a number.
c. Speaker of the House/Vice President of the Senate assigns the Bill to a committee. d. The committee considers the Bill and places it on the calendar and then files the bill. e. Second reading is conducted by the House/Senate clerk. The Bill is read in its entirety. f. Congress, friends, and foes debate the bill for a limited time. If the Bill passes the House/Senate, it goes to the third reading in title only. The vote is then taken in the entire House/Senate and, if it passes, the Speaker of the House signs the Bill. In the Senate, the Vice President signs the Bill. g. President line item vetoes the bill. h. President signs the Bill. i. President vetoes the Bill. j. President pocket vetoes the Bill. k. The Bill becomes law without the President’s signature.
(4) Name and explain both the formal and informal roles of the president of the United States.
After both the House and Senate have approved a bill in identical form, it is sent to the president. If the president approves of the legislation, he signs it, and it becomes law Informal: The power to go public, power of persuasion, make executive agreements, issue executive orders, issue signing statements, create & use bureaucracy, personality and leadership, and make legislative proposals. (5) Trace the history of the U.S. Supreme Court in America's political culture in full detailed as outlined in Box 17-1.
These gives an overview of the Supreme Court throughout history and major events in politics. Marshall Court (1801-1835) Marbury v. Madison (1803) judicial review Federal Judiciary Act (1789) unconstitutional McCulloch v. Maryland (1819) implied powers necessary and proper clause supremacy clause, Article VI
Gibbons v. Ogden (1824) interstate commerce Taney Court (1836-1864) Dred Scott v. Sanford (1857)
Enlargement of Judicial Power (1865-1890) 1.power for the states 2.the 10th amendment 3.Slaughter House cases of 1873 4.privileges or immunities clause Judicial Self-Confidence Court (1890-1937) 1.Plessy case (1896) 2.anti-communist court 3.court threatened by FDR New Deal Court (1937-1953) 1.New Deal interpretations 2.beginning of protection of civil rights 3.Sweatt v. Painter (1950) Warren Court (1953-1969) 1.Browns cases 2.voting rights protected 3.Cooper v. Aaron (1957) 4.strong civil right action Burger Court (1969-1986) 1.Roe v. Wade (1973) 2.Bakke case (1978) Rehnquist Court (1986-2006) 1.Webster v. Reproductive Health Service (1989) 2.Planned Parenthood of Pennsylvania v. Casey (1992)
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John G. Roberts, Jr. (2006-present)
(6) Identify historian Arthur Schlesinger, Jr.'s alternative views concerning the U.S. presidency, in full detail.
Arthur Schlesinger, Jr. also argues that presidential power has increased at a faster rate than the other two branches of government. Some of his points were: 1.
Change the current four-year-term of the president to a one six-year-term. Under this plan, a president could not run again for re-election. In other words, a president’s maximum number of years in office would be reduced from eight years to six. 2.
Replace the one-man president form with a six-man directorate with a rotating chairman, each member to serve for a year. 3.
Give the president a Council of State, a body that he would be bound by the law to consult with, especially on very crucial matters. 4.
Adopt a version of the British Parliamentary system. In other words, a president would be compelled at regular intervals to explain and defend his policies to key members of the political opposition. If Congress, by a two-thirds or three-
fourths vote, issues a vote of “no confidence,” a new national election would have to be called within six weeks. (7) According to many political scientists and your text, list the seven great presidents.
•
Abraham Lincoln •
George Washington •
Franklin D. Roosevelt •
Woodrow Wilson •
Thomas Jefferson •
Andrew Jackson •
Theodore Roosevelt (8) Explain the 25th Amendment of the U.S. Constitution as explained in Chapter 15 over the U.S. presidency.
An amendment to the U.S. Constitution adopted in 1967 establishes procedures for filling vacancies in the two top executive offices and that makes provisions for situations involving presidential disabilities. This amendment was used by Richard Nixon
’s vice president, Spiro Agnew, who resigned in 1973 because of his alleged receipt of construction contract kickbacks during his tenure as governor of Maryland. When Richard Nixon resigned on August 9, 1974, Vice President Gerald Ford became president, an
d he nominated Nelson Rockefeller. For the first time in America’s political history, both the president and vice president were individuals who were not elected. The vice president shall take control of the presidency if anything should happen to the president. (9) According to your text, list the nine major functions of the U.S. Congress.
1.
To make laws 2.
To provide the setting for debating issues 3.
To oversee the federal bureaucracy
4.
To develop the national budget 5.
To give advice and consent to the president of the U.S. 6.
Representation 7.
Consensus building 8.
Policy clarification 9.
Investigation (10) Name and explain the three major ways that Congress represents its constituents.
Three ways members of the U.S. Congress represent their constituents. The first is Tellegate. Tellegate is when the voters tell the congressperson how to vote on many issues. This is usually done by the wealthy. Secondly, Serve-ship is when the voters allow the congressperson to vote on his or her own conscience. Thirdly, Telle-serve is a combination of the theory of tellegate and serve-ship. (11) Which four factors caused the downfall of the old Congress?
1.
The merge of the civil rights movement 2.
The election of President Kennedy 3.
The landslide victory of L.B. Johnson 4.
The Warren courts (12) List the eight major reasons why incumbent members of Congress usually get re-elected.
1.
Name recognition 2.
Free mailing 3.
Media access 4.
Campaign money 5.
Campaign experience 6.
Large staff to help with casework 7.
Their taking credit for federal monies that get allocated to their regions 8.
Greater access to government research information (13) Summarize Box 13-1, thoughts on conservatism in no less than two paragraphs.
Candidates are frequently portrayed in the media as conservatives with strong moral principles. However, when a candidate identifies as a liberal, it implies that they are immoral, leading to the perception that conservatives are representatives of morality while liberals are immoral. This is untrue because the term "conservative" does not always imply "Christian." Many Republicans who identify as conservatives base their views on biblical doctrine, but they frequently stray from the Bible when it comes to issues of race. Their voting behaviors, which frequently support legislation that helps minorities or less privileged classes, make this clear. Conservatives, in my opinion, are frequently racist and only turn to the Bible when it suits them. (14) List the six major criticisms that many have made concerning the U.S. Congress.
1.
They are inefficient 2.
They are unrepresentative 3.
They are unethical
4.
They lack collective responsibility 5.
They delegate too much to the executive branch 6.
They are too responsive to organized interests (15) What are both the formal and unformal qualifications to become president of the United States?
The formal qualifications to become president are that one must be a natural-born citizen, have U.S. residency for 14 years, and be 35 years old. Quite naturally it is the informal qualifications which carry more weight than the formal qualifications. The informal unspoken qualifications are: •
White male •
Wealthy •
Educated •
Religious background (within the realm of Christianity) •
Usually tall (for image-making) (16) According to Edwin Corwin, list the six major reasons why the U.S. president became so powerful after World War II.
1. The acceptance of the electorate of the national government in social welfare matters. 2. The breakdown of the doctrine of dual federalism as a restraint on the national government. 3. The weakened notion of both the doctrines of separation of powers and checks and balances. 4. Congress’ inability to delegate power to the White House.
5. The enhancement of the president’s role in international affairs.
6. The enhanced role of the president as Commander-in-Chief. (17) List as least five other federal courts created by the U.S. Congress. Court of claims Court of customs and patent appeals and trademarks United states tax court Territorial district of courts The U.S. Military appeals The court of the district of Colombia (18) Explain the anatomy of a court case.
The anatomy of court case has structures it follows like: •
facts •
amendments, laws, statutes, and acts •
individuals involved in the case •
Ruling in the case •
Significance of the case •
Civil liberties, civil rights, constitutional question (19) Explain at least five cases outlined in Box 17-2 concerning liberties and rights.
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1.
United States v. Nixon (1974): There is no constitutional absolute executive privilege that would allow a president to refuse to comply with a court order to produce information needed in a criminal trial. 2.
Roe v. Wade (1973): The Supreme Court found that a woman’s right to an abortion was
protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights and the Fourteenth Amendment. 3.
Plessy v. Ferguson (1896): Plessy challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The court found that separate but equal accommodations did not violate the equal protection clause of the Fourteenth Amendment. 4.
New York Times Co. v. Sullivan (1964): Supreme Court decision ruling that simply publishing a def
amatory falsehood is not enough to justify a libel judgment. “Actual malice” must be proved to support a finding of libel against a public figure. 5.
Miranda v. Arizona (1966): The Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. (20) What is an " Amicus Curiae " ? Amicus Curiae: a friend of the court. A person, private group, installation, or government agency that is not hey, party to the case, but participates in the case (usually through submission of a brief) at the initiative. (21) Explain the structure of the U.S. Congress.
Bicameral (two houses legislature) is divided into two institutions: the house of Representatives and the Senate (22) Explain the leadership organization of the U.S. Congress.
House Speaker Majority leaders Minority leader Majority whip Minority whip Senate
Vice president President pro Tempore Majority leader Minority leader
Majority whip They both have leadership structures in both houses of the House of Rep. and Senate. (23) According to your text, list the five major tasks of a U.S. Congressperson.
1.
legislate 2.
Compromise 3.
Negotiate 4.
Reconcile differences 5.
mediate (24) What are the formal qualifications to become a member of the U.S. Congress?
The qualifications to be in the U.S. Congress are: House U.S. citizen for 7 years Resident of state and district 25 years old Senate U.S. citizen of 9 years Resident of the state 30 years old (25) List the five options the president has in determining whether or not a bill become law.
1.
President line item vetoes the bill. 2.
President signs the Bill. 3.
President vetoes the Bill. 4.
President pocket vetoes the Bill. 5.
The Bill becomes law without the Preside
nt’s signature.
(26) List the full names of the current nine U. S. Supreme Court Justices and the President who nominated them.
1. John G. Roberts, Jr. 2.
Antonin Scalia 3.
Anthony M. Kennedy 4.
Clarence Thomas 5.
Ruth Bader Ginsburg 6.
Steven G. Breyer 7.
Samuel Anthony Alito, Jr.
8. Sonia Sotomayor
9. Elena Kagan
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