Exam 2 Study Guide F23 - Answers
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POLS 1101: American Government (Fall 2023)
Study Guide for Exam 2
(Chapters 7, 10, 11, 12, 13)
Ch. 7: Voting, Elections, and Political Participation
Section 2: Elections in Georgia and the United States: Key Features and Concepts
Authority to Establish and Administer Election Laws
o
To which level of government (local, state, national) does the U.S. Constitution give primary
responsibility for regulating and administering elections for federal office?
○
State.
o
Are election laws mostly the same from state to state or do they tend to vary markedly across
states? Why?
○
They vary across states. States decide how to run their own elections.
o
In Georgia, are elections administered by a single centralized agency, or are they
administered by each county in the state?
○
Elections are administered by each of the 159 counties in the state.
Types of Elections in Georgia
o
What is a primary election? What is a general election?
○
Primary elections – held to determine political parties’ nominees.
■
Aimed at selecting party nominees, there is a separate ballot for each party.
○
General elections – where parties’ nominees run against each other to determine who
serves in office.
o
When (in even-numbered years or odd-numbered years) do elections occur for the following
offices?
Georgia Senate –
Every even numbered years (2 year terms).
Georgia House of Representatives –
Every even numbered years (2 year terms).
U.S. House of Representatives –
Every even numbered years (2 year terms).
U.S. President
– 4 years.
Major Georgia executive branch offices, such as Governor and Lieutenant Governor
midterm election years – even numbered years that are not presidential election years
Atlanta Mayor -
every 4 years during odd-numbered years (next one is 2025).
Atlanta City Council -
every 4 years during odd-numbered years (next one is 2025).
Types of Ballot Items
o
What is a referendum and how is it different from a citizen ballot initiative? Does Georgia
have both kinds of ballot items? If not, which does it have?
○
Referendum – (legislative referral) a proposed law placed on a ballot by a legislative
authority.
○
Citizen ballot initiatives – are like referenda, except instead of being placed on ballots
by a legislative authority, they are placed on ballots by citizens who gather a required
number of signatures on petitions.
○
GA only has referendum; does not have a citizen ballot initiatve.
o
What, according to your textbook, does Article X of the Georgia Constitution require for an
amendment to the Georgia Constitution to be ratified (i.e., does it need to be a general or
primary election, even or odd year, referendum or other)?
○
A proposed constitutional amendment can be ratified only after being placed on a
ballot as a referendum item in a general election in an even-numbered year. Most
states allow for referenda, and nearly all are like GA requiring referenda for
constitutional amendments.
Convenience Voting in Georgia and Other States
o
What is convenience voting?
○
Convenience voting – flexible opportunities to vote besides traditional in-person
voting at the polls on Election Day.
■
Early in-person voting and absentee voting are types of convenience voting.
o
What are the two primary forms of convenience voting?
○
Absentee voting – voters receive ballots via mail/electronically and send them back
through the mail.
○
Early in-person voting – (advance in-person voting) GA allows voters to voters to
vote in-person at special polling locations up to three weeks before Election Day.
o
How does Georgia compare to other states in the extent to which it provides voters with
convenience voting options (below average, average, or above average)?
○
Georgia has a no excuse absentee voting – everyone is eligible to vote absentee – you
do not need an excuse. Voters have the option of mailing their ballot back to their
county government using USPS or delivering it back in person.
○
Several states have adopted all-mail voting – all voters automatically receive ballots
through the mail instead of needing to request them. A voter can then return the ballot
through the mail or by personally delivering it to a designated physical location.
○
If voters want to vote in person, they need to take steps to have their mailed ballot
cancelled. GA does not have all-mail voting.
o
What is no-excuse absentee voting? Does Georgia have this?
○
Georgia has a no excuse absentee voting – everyone is eligible to vote absentee – you
do not need an excuse. Voters have the option of mailing their ballot back to their
county government using USPS or delivering it back in person.
o
How many weeks prior to Election Day does the early voting period last in Georgia? Do any
states have longer early voting periods than this?
○
3 weeks. Monday – Friday, at least 2 Saturdays and some counties, on Sundays.
○
40 states and Washington DC allow for early voting.
Section 3: Voter Turnout by the Numbers
Trends and Patterns in Voting Turnout
o
Is voter turnout generally higher or lower in Presidential election years or in midterm election
years? Is it generally higher in federal elections or in local elections?
○
Voter turnout tends to be much higher in presidential election years than in midterm
election years.
○
Voter turnout tends to be lower in local elections.
Differences in Voting Rates Between States and Groups
o
Over the past decade, have African American citizens tended to vote at higher, lower, or
approximately the same rate as white Americans (i.e., non-Hispanic whites)?
○
Relatively high and essentially the same between the two groups.
o
At the same time, have Hispanic (Latino / Latina) citizens tended to vote at higher, lower, or
approximately the same rate as African Americans?
○
Hispanic citizens tend to vote at lower rates as compared to African American.s
o
Do men and women currently vote at approximately the same rate, or does one sex tend to
vote at a significantly higher rate than the other (and if so, which one)?
○
Before 1980, men voted at higher rates than women. Since then, women have voted at
a higher rate than men.
o
Do wealthier Americans and poorer Americans tend to vote at approximately the same rate,
or does one economic group tend to vote at a significantly higher rate than the other (and if
so, which one)?
○
People with higher income levels vote at higher rates than those with lower income
levels.
o
Do younger Americans and older Americans tend to vote at approximately the same rate, or
does one age group tend to vote at a significantly higher rate than the other (and if so, which
one)?
○
Older Americans tend to vote at a higher rate than younger Americans.
o
Do highly educated Americans and less-educated Americans tend to vote at approximately
the same rate, or does one education-level group tend to vote at a significantly higher rate
than the other (and if so, which one)?
○
Americans who never attended college vote at much lower rates than those who
attended or graduated from college.
Section 4: Does Nonvoting Matter?
Arguments Against Increasing Voter Turnout
o
What is epistocracy?
○
Epistocracy – To restrict voting to the highly informed as an alternative to democracy.
Rule by the knowledgeable.
o
Currently, Americans with lower levels of political knowledge tend to vote at lower rates
than Americans with higher levels of political knowledge. According to Jason Brennan, is
this lower rate of turnout by Americans with lower knowledge a problem to be solved or is it
something desirable that should be encouraged? Why?
○
Brennan contends that our current discrepancies in turnout based on education are not
a problem insofar as political knowledge is correlated with formal education. He
contends that when persons with low levels of political knowledge abstain from
voting. In fact, he thinks they have a moral duty to abstain and can properly be
prohibited from doing so.
Arguments for Seeking to Increase Voter Turnout and/or Reduce Discrepancies Between Groups
o
What does it mean to say, “if you are not at the table, you are on the menu”? What
implication does this have for the argument that it would be good to increase voter turnout
among those who currently vote at disproportionately low rates?
○
If you are not somehow a part of the process of making laws and public policy, you
are at serious risk of being on the losing end of that process. You can be “at the table”
either directly, by getting elected to office, or indirectly, by influencing elected
officials.
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○
If you do not convey your views to elected officials through voting, your views will
likely be ignored.
The Impacts of Voting and Nonvoting
o
According to the textbook, is there evidence to suggest that governments tend to
systematically serve the interests of those who vote and deserve those who do not vote? Or
does the government seem indifferent to who votes?
○
These are elected officials who actually do check to see if the ones who reach out to
them are registered active voters. They usually only pay attention if you are an active
registered voter.
Section 5: Factors Influencing Voter Turnout Rates
The Political Science of Voting
o
Be sure to know and understand the rational choice model of voting.
Rational choice mode of voting – an influential political scientific that predicts
citizens will vote if the benefits of doing so exceed the costs.
The prediction of this model is that an individual will vote if the expected
benefits from voting exceed the costs.
How does it create the “paradox of voting”?
Paradox of voting – despite the fact that the probability of casting a
decisive vote is nearly zero, people still incur costs to cast a vote.
When expressed as a formula, what does the D-Term variable represent? What does the
C-Term variable represent? Why are these thought to be the two most important
variables influencing voter turnout?
D-Term – represents all the direct benefits from voting that are
independent from whether one’s vote is the decisive factor in the election.
C-term – the cost incurred by voting
What is the resource model of voting and how does it relate to the rational choice
model?
it is a model that emphasizes how inequalities in resources can lead to
inequalities in the cost of voting
How Election Laws Can Influence Voter Turnout
o
According to the textbook, on what basis have over five million American citizens over the
age of 18 been disenfranchised?
○
Felony disenfranchisement/ felony convictions.
o
What is meant by “compulsory voting”? What impact has it been shown to have on voter
turnout?
○
Compulsory voting – system in which citizens pay a fine or receive some other
punishment if they abstain from voting.
○
Voter turnout will likely be high.
o
What impact has same-day registration had on voter turnout? How does the rational choice
model of voting explain this?
○
Same day voter registration - voters can register to vote at polling places on Election
Day and then vote at the same time.
■
Voter turnout increased from average 5% to 7%.
○
GA requires registration prior to Election Day. And then you can vote in person or
absentee.
■
Lower turnout rate.
o
What impact on voting rates did Section 203 of the federal Voting Rights Act have among
Latino citizens who speak Spanish as a first language?
○
For citizens who do not speak English well, voting can be prohibitively costly if
official documents and ballots are printed only in English. Section 203 of the federal
Voting Rights Act requires localities to provide material in a non-English language if
more than 10,000 or over 5% of the total voting age citizens are members of a single
language minority group, have depressed literacy rates, and do not speak English.
○
Increased Latino representation in government by increasing turnout amount Latino
citizens who speak Spanish as a first language.
o
What are some potential strategies provided by the textbook for reducing the costs of voting
related to election timing and location?
○
(1) Reliance on convenience voting – GA allows for both early voting and no-excuse
absentee voting
.
○
(2) Move all state and local elections to even-numbered years so that the elections
coincide with federal elections.
○
(3) Election Day should be a national holiday so that as many citizens as possible can
vote without needing to take time off work.
Section 6: Political Action Outside the Conventional Political Process
The American Tradition of Civil Disobedience
o
What is civil disobedience? Be sure to know examples of civil disobedience.
○
Civil disobedience – intentional breaking of the law to make a political point. Does
not include directly harm individuals. Assassination, bombing a building are not acts
of civil disobedience. Can involve damage to property.
■
Trespassing on government or corporate property.
■
Minor crimes against public disorder, such as disturbing peace, disorderly
conduct, unlawful assembly, or obstruction of vehicular traffic.
■
Refusal to pay taxes or perform military service.
■
Interference with public officials’ performance of official duties.
○
Examples: Boston Tea Party, Henry Thoreau refusing to pay taxes to protest
American involvement in the Mexican War and institution of slavery, college students
protesting the Vietnam War on campus and refusing to leave, antinuclear activists
trespassed on the grounds of power plants and government research facilities,
members of Operation Rescue violating court orders forbidding them interfering with
operations of abortion clinics, Ghandi promoting nonviolent resistance by the masses
to win India’s independence from British, Martin Luther King Jr.
■
People broke the law on the grounds that they were obeying a “higher law”,
whether it was the law of God or their own moral codes.
Demonstrations, Marches, and Mass Protests
o
According to the textbook, demonstrations, marches, and protests are often used not only to
make a point about a public policy issue, but also for something else? What else are they
used for?
○
To gain public recognition for a group that has been ignored. It is likely to capture the
attention of the mass media, especially TV, and thereby have some effect on public
opinion.
Strikes and Boycotts
o
What are strikes and boycotts? What is the main difference between a strike and a boycott?
○
Strike – collective decision by a large number of people to refuse to work in order to
dramatize a situation or force those who are adversely affected to make concessions.
■
Labor unions, forcing corporations to acknowledge and tolerate unions, occur
when labor leaders/management are unable to settle on the wages and benefits
to be provided under a collective bargaining agreement.
○
Boycott – collective refusal to purchase a particular good/service.
■
Consumer groups are unhappy with the safety or quality of certain products
sometimes ask consumers to boycott particular companies.
■
Groups displeased with the amount of sex/violence on TV have been known
to call for boycotts of companies that advertise during objectionable
programs.
■
Rosa Parks
Riots
o
Martin Luther King, Jr. said, “A riot is the language of the unheard.” According to the
textbook, did King mean by this that a riot indicates the democratic political system is
operating well? Or did he mean it’s a sign that the system is operating poorly?
○
Rioting is a collective act that makes active demands on the political system. Is an
indicator that the democratic system is not working. It means that the system is
operating poorly.
Ch. 10: Political Parties
Section 1: Introduction
Be able to associate the following concepts / labels with the correct corresponding major political
party: color blue, color red, Grand Old Party (GOP), elephant, donkey, conservative, liberal,
right, left.
o
Democrats – Ideologically to the left and liberal; blue, donkey
o
Republicans – Ideologically to the right and conservative; red; elephant; Grand Old Party
(GOP)
Section 2: Political Party Basics
Major / Minor Parties versus Majority / Minority Parties
o
Be sure to know the differences between each of the following terms:
Major party and minor party
Major party – its members frequently win elections, and it typically wins
either a majority/sizable minority of seats in a legislature.
o
Ex: Democratic Party and Republican Party
Minor party – its members rarely if ever win elections and the party never
wins more than a tiny fraction of seats in a legislature.
o
Ex: Green Party and Socialist Party (on the left)
o
Ex: Libertarian party and Constitution Party (on the right)
o
Referred to as third parties because those who support them hope
they will become a third major party
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Minority party and majority party
Majority party – political party that controls over half the seats in a
legislative body at any given time.
Minority party – political party with less than half the seats in a legislative
body at any given time.
Either of the two major parties can be a majority party or minority patry.
Political Parties Compared and Contrasted with Interest Groups
o
What are the main differences between political parties and interest groups as discussed in
the textbook? What do they have in common?
Political party
Interest groups
Organizations that seek to influence
government by getting members
elected to office and by coordinating
the actions of elected officials in
government.
Democrats/Republicans
Associations that seek to influence
government to benefit members of
the association or advance a cause
they share a belief in.
Seek to get their own members elected
to office and then, once they are
elected, coordinating how legislative
business is conducted within
government.
Do not focus on getting their own
members elected to office, but
instead work from the outside to
influence elections and government
officials.
Commit to policy positions and
principles that pertain to all issue areas
– party platforms
Have a narrower set of goals; Tend to
focus on small number of issues.
Formed to resolve practical problems
confronted by ambitious politicians
seeking to win office and govern
effectively.
o
What is meant by “party platform”? What does it typically include?
Party platform – a document expressing a political party’s principles, goals, and
policy positions on domestic and foreign affairs.
Six Democratic Functions of Political Parties
o
(1) Candidate Nomination – Parties help to choose and groom possible candidates for
elections and provide them with resources needed to help them successfully run for
office. Accomplished through party conventions, primaries, and caucuses.
o
(2) Electoral Mobilization – Parties get people motivated and excited to get to the polls to
vote. They help to facilitate active participation in the political process and give people a
reason to show up on election day.
o
(3) Issue Structuring – If there is not a limited set of issues on an agenda to focus on,
every possible issues can be raised, and no constructive debate can proceed. Parties help
get around that problem by deciding what issues are important and what are not and
thereby focusing attention on a digestible set of problems.
o
(4) Societal Representation and Social Integration – Parties bid for various social groups’
votes, allowing them to represent different sections of society. Parties provide effective
representation for all groups in a diverse society. This empowers citizens to engage in the
democratic process and gives them a vested interest in the continuance of democratic
governance.
o
(5) Interest Aggregation – A party brings multiple interests and stakeholders together
under a single organizational framework. Allows all interests to gain representation and
thereby prevents any group from dominating the system.
o
(6) Forming and Sustaining Majority Governing Coalitions – Operate by the principle of
majority rule. To become law, proposed legislation requires at least a majority of
members to vote in its favor. Legislation is so complex, it would be nearly impossible to
form legislative majorities in a large legislative chamber without organization and
discipline created by political parties.
Section 3: Electoral Rules and Why the United States
has a Two-Party System
Two-Party vs. Multiparty Systems
o
Does the U.S. have a two-party system or multiparty system?
Two-party system – has only two major parties that routinely win legislative seats.
US does not have a multi-party system because of election rules.
Single-Member District / Winner-Take-All Elections versus Proportional Representations (PR)
Systems
o
What is a Winner-Take-All election system? How does it differ from a Proportional
Representation election system? Which system is used in America?
Single-member district / winner-take-all – candidates compete for votes within a
district and the candidate who gets the most votes represents the entire district.
US House of Representatives elections go by this.
If party candidates do not win elections, the party gets no power in
government.
Parties must focus on nominating candidates and supporting their
campaigns.
Appeals to broad range of voters.
Proportional representation (PR) – number of legislative seats a party receives is a
function of the share of votes it receives in an election.
Instead of voting for a candidate to represent one’s district, every voter in
the state would cast a vote for a party. Then each party would be allotted a
quantity of seats in Congress proportionate to the number of votes cast in
the state.
The parties pick the individuals who fill the seats. The voters decide the
party’s share in government, and the parties pick the party members who
serve in government.
Dominant system in most industrial democracies.
Party can get members elected to office without getting the most votes in
any election.
Why the United States Has a Two-Party System
o
Duverger’s Law offers a social scientific explanation for why some countries have two-party
systems and others have multiparty systems. What is that explanation?
Duverger’s Law – single-member district/winner-take-all elections tend to favor
two party systems while PR tends to favor multiparty systems.
Under the single-member district/winner-take-all system, you vote for a
single candidate among a slate of options, and the candidate who wins the
most votes will represent the entire district.
If you don’t vote for the Democrat, you are helping the Republican to win.
If you vote for a preferred Socialist, the Socialist will be no more likely to
win, but your least favorite Republican candidate will be more likely to
win. Thus, you have a strong incentive to vote for your second-favorite
Democratic candidate.
o
Explains why minor parties get weaker support from voters than
they would.
In PR system, parties can gain power in government even if they cannot
win in any head-to-head election.
Section 4: How Political Parties Formed
The Republican Party developed due to tensions between the North and the South in America.
What event led to the solidification of the Republican and Democratic parties in America?
o
Civil War. The mass approach to party design and organization used by both parties led to
their solidification when they first rose.
Section 5: Critical Elections and Realignment
What is meant by “party realignment”? What is the most important example of this in recent
history according to the textbook?
o
Party realignment – a shifting of party allegiances within the electorate.
o
The most important party realignment occurred when African Americans changed
loyalties from the Republican Party to the Democratic Party in the mid-1960s. After the
Civil War, the Republican Party’s efforts to end slavery and establish legal rights for
newly freed slaves earned them the support of African Americans in both the South and
Northeast. FDR’s outreach to the African American community started a process that led
to a complete realignment of the two parties.
The 1932 presidential election is widely considered to be a critical election. What reason does
the textbook give for this?
o
It represents a sudden, clear, and long-term shift in voter allegiances. After the election,
the political parties were identified as being divided by differences in the members’
socio-economic status. Thos who favor stability of the current political and economic
system tend to vote Republican, whereas those who would most benefit from changing
the system favor Democrats. Based on this alignment, the Democratic Party won the next
5 consecutive presidential elections and was able to build a political machine that
dominated Congress into the 1990s.
o
FDR.
Today, which parts of the country are strongly associated with the Democratic Party and which
are associated with the Republican Party?
o
Democrats dominate urban politics and those parts of the South (Black Belt), where
majority of residents are African Americans.
o
Republicans dominate in rural areas and the Deep South.
Section 6: The Party-In-The-Electorate
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What does the term “party-in-the-electorate” mean?
o
Party-in-the-electorate – those members of the voting public who consider themselves to
be part of a political party and/or who consistently prefer the candidates of one party over
the other.
Basic level: voter – called party identifiers because they represent themselves in
public as being members of a party, and may attend some party events or
functions.
Provide financial support for candidates for their party during election
season.
Make up majority of the voting public.
A lot of people say they are “independents,” but the textbook points out that this is somewhat
misleading. Why is this misleading? (Hint: it has something to do with the concept of party
“leaners”.)
o
The overwhelmingly majority admit to leaning in the direction of one party or the other,
suggesting they behave as if they identify with a party during elections even if they prefer
toa void picking a side publicly.
o
Appear neutral publicly.
What is meant by “mega-identity”? Be sure to know and understand the discussion in the
textbook around this term, specifically why party identification is best thought of as a social
identity that overlaps with many other aspects of social identity.
o
Mega-identity – Form of partisan identity one through which multiple social identities
reinforce and magnify each other.
Contributed to an increased party polarization – increasing differences between
two major parties based on both ideology and social group identities.
Also increased feelings of animosity between partisans – negative partisanship or
affective polarization.
Section 7: The Party Organization
What does the term party organization mean? Why is it important (according to the textbook)?
o
Party organization – the formal structure of political party and the active members
responsible for coordinating party behavior and supporting party candidates.
Bears most of the responsibility for building and maintaining the party “brand”.
Key role in helping select, and elect, candidates for public office.
The local and state level party organizations are much less visible than the national level. Why is
this?
o
Many Americans are more interested in topics discussed at the national level than at the
state or local level. National organization usually coordinates the grandest spectacles in
the life of a political party: the national convention. Most voters are never aware of the
numerous county-level meetings or coordinating activities.
They take on the most responsibility for party activities and are easily the most
active participants in the part formation and electoral process. They are also
largely invisible to voters. People are aware of the national party organizations
because they are more interested in national level topics than state or local and
because national organizations coordinate the grandest spectacle of a political
party: the national convention.
Ch. 11:
Congress
Section 2:
Congress’ Bicameral Structure
Comparing the House and Senate
o
What are the 5 ways the House and Senate differ?
House
Senate
Size:
435 voting representatives.
100 Senators.
Seats per State:
The number of
representatives for each state
is based on the relative
population size of the state.
GA has 14.
Has 2 senators regardless of
population size.
Term Lengths:
Serve 2-year terms. No
constitutional limit on the
number of times members
may be reelected.
Serve 6-year terms. No
constitutional limit on the
number of times members
may be reelected.
Citizenship and Age
Requirements:
Must be a US citizen of at
least 7 years standing and at
least 25 years old.
Must have 9 years standing
as citizens and be at least 30
years old.
Constitutional Powers:
Equal authority. For a new
bill, both must concur, and
either may introduce
legislation. Revenue bills can
only be introduced in House.
Plays a role in certifying
winners of presidential
contests. Play a different role
in impeachment. Equal in
their formal authorities.
Equal authority. For a new
bill, both must concur, and
either may introduce
legislation. Given special
authority over the
ratification of treaties and
the confirmation of federal
judges and certain high-level
executive appointments.
Play a different role in
impeachment. Equal in their
formal authorities.
Why the Founders Chose Bicameralism
o
What is the idea of a “mixed regime”? How is it reflected in bicameral structure of Congress?
○
Mixed regime – a good political system should mix democratic and aristocratic
elements to avoid the disadvantages of either a pure democracy or pure aristocracy
while gaining the advantages of both.
○
The House of Reps was designed to be more democratic than the Senate while the
Senate was designed to be more aristocratic than the House.
o
How did the Great Compromise contribute toward the establishment of congressional
bicameralism?
○
The small state preference for equal state representation applied to the Senate and the
large state preference for representation proportionate to state population size applied
in the House.
Advantages and Disadvantages of Bicameralism
o
What are the advantages of bicameral legislatures?
○
Greater diversity of constituents to be represented.
○
Having both chambers come together reduces the likelihood of passing
flawed/reckless legislation.
o
What are some disadvantages of bicameral legislatures?
○
Slower to act on things because they require the coordination and concurrence of two
chambers to pass laws.
○
The diversity of bicameral legislatures can lead to disproportionate representation aka
malapportionment. More difficult for citizens to hold representatives accountable.
Section 3: House and Senate Organization
The Committee System
o
What are the 5 basic types of committees?
○
Standing committee
○
Permanent select
○
Temporary select
○
Joint
○
Conference
o
Which committees are the core committees in both the House and Senate?
○
Appropriations, armed services, budget, judiciary, veterans’ affairs.
o
What is the difference between a standing committee, a joint committee, a select committee,
and a conference committee?
○
Standing committee – responsibility for a particular area of public policy.
○
Joint committee – composed of members of both houses and that perform advisory
functions.
○
Select committee (temp) – a type of congressional select (“special”) committee
created for a specific time period and purpose.
○
Select committee (permanent) – a type of congressional select committee that has
permanent status. It is similar to a standing committee, with the main difference being
it covers issues that cut across the jurisdiction of multiple standing committees.
○
Conference committee – formed temporarily to work out differences in House and
Senate versions of a bill.
o
How is the party balance on a committee determined? Which party has more seats on a
committee: the majority or the minority party?
○
It’s a direct result of the party balance of its legislative chamber.
○
The majority.
Parties and Party Leadership
o
What do the party conferences in Congress do?
○
Select leaders and determine which party has the majority of its chamber.
○
Discuss important issues and strategies.
o
What are the different leadership positions in Congress? (For example, House Majority
Leader, Speaker of the House, etc.). Be able to describe what each position does.
○
Speaker of the house – always a member of the majority party; has certain formal
powers that enhances their ability to influence legislative activity in the House.
○
House majority leaders – second most influential leader of the majority party in the
House of Reps.
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○
House Minority Leaders – make strategy decisions, and attempt to keep order within
the minority party. Leads in developing the party’s legislative strategies.
○
House whips – whip up votes and otherwise enforce party discipline.
○
President of the Senate – the elected VP of the US; only votes in case of a tie.
○
Senate majority leader – chief spokesperson for the majority party.
○
Majority and minority leaders – often occupy the floor together in an attempt to keep
things moving along.
○
Senate minority leader – top leader of the minority party in the senate.
o
Be able to rank the following positions based on how much real power they have (according
to the textbook): the Senate’s president pro tempore, the Senate Majority Leader, the Speaker
of the House
○
Speaker of the house, senate majority leader, senate’s president pro tempore.
Section 4. Legislative Process: Old and New
The Traditional (or Classic) Legislative Process
o
What are the six stages before a bill can become a law?
○
(1) Bill drafting and introduction
○
(2) Committee work
○
(3) Floor debate
○
(4) Conference committee reconciliation
○
(5) President decision
○
(6) Veto override vote
o
In which chamber must bills that raise revenue begin?
○
The House
o
What do committees do with bills that are sent to them?
○
1.
Committees will begin to markup the bill.
○
2. With/without amendments, the committee or subcommittee will vote.
○
3. If the committee decides not to advance the bill at that time, it is tabled.
○
4. Tabling a bill means the bill is dead, but there is still an option to bring it back up
for a vote again.
○
5. The committee decides to advance the bill, it is printed and goes to the floor of the
chamber, either the House or the Senate.
o
What is a traditional filibuster? Which chamber allows for a filibuster of legislation? What is
a cloture vote? How many votes are needed to end a filibuster?
○
Filibuster – a procedural tactic in the US Senate
whereby a minority of Senators
prevents a bill from coming to a vote by holding the floor and talking until the
majority gives in and the bill is withdrawn from consideration.
○
Cloture – a legislative maneuver that, if a 3/5 majority votes for it, (60 votes), limits
Senate debate to thirty hours and has the effect of defeating a filibuster.
o
How can a bill become law even if the President vetoes the legislation?
○
Congress can override it by a 2/3 vote in both chambers.
The Contemporary Legislative Process
o
What is an omnibus spending bill?
○
Omnibus spending – type of bill that combines smaller ordinary appropriations
(spending) bills into one larger single bill that can be passed at one.
o
The balance of power between congressional committees and political parties has shifted
heavily toward which since the 1980s?
○
Political parties.
o
What is a modern filibuster? How is it different from a traditional filibuster?
○
Unlike the traditional filibuster, in which a senator took the floor and held it for as
long as possible, the modern filibuster is actually a warping of the original intent of
the cloture rules adopted to control the filibuster.
o
What is the budget reconciliation process? What is its relationship to the modern filibuster?
○
Budget reconciliation – process through which the federal budget can be amended
through a simple majority vote. (51 votes in Senate) Only policies that directly impact
the federal budget (spend of save).
Section 5. Congressional Elections: The Decline in Competitive Districts and States
Apportionment and Redistricting in the House
o
What is reapportionment?
○
Reapportionment – redistribution of seats in the House of Representatives based on
changes in state population as revealed by the census.
o
Who is in charge of conducting reapportionment?
○
Congress.
o
What is the one-person, one-vote standard? Which institution established it?
○
One-person, one-vote standard – Rule created by the US Supreme Court in 1964 that
if state holds elections using single member districts, there must be a roughly equal
number of voters in each district.
o
What is redistricting? Which level of government (the national government or the state
governments) is in charge of it?
○
Redistricting – redrawing of congressional district lines following the census, to
accommodate population shifts and keep districts as equal as possible in population.
○
States vary in how they go about redistricting.
The Decline in Competitive Districts and States
o
According to the textbook, what percentage of 2022 House district elections are genuinely
competitive “toss up” races that could go either way?
○
8% (33 districts)
o
According to the textbook, what percentage of House elections in the year 2000 were
genuinely competitive “toss up” races that could have gone either way?
○
40%
Causes of the Decline in Competitive Congressional Elections
o
What is the “Big Sort”?
○
Big Sort – Americans who are similar in educational level, lifestyle, and political
orientation increasingly choose to live close to each other.
■
Democrats and college educations are clustered in a small number of densely
populated counties and cities, while Republicans are spread out in a large
number of sparsely populated areas.
o
What is gerrymandering?
○
Gerrymandering – manipulation of legislative district boundaries as a way of favoring
candidates from a particular party, group, or socio-economic class.
o
Has gerrymandering or the “Big Sort” had more impact on the decline of competitive
congressional elections?
○
Gerrymandering
Impact of Uncompetitive Congressional Elections on Campaigns, Voters, and Civic Health
o
What are the effects of uncompetitive elections on voters and civic health?
○
1. Voters are deprived of an opportunity to hear candidates’ positions on issues, and
this can lead to voters to become less informed about public affairs.
○
2. Provide little reason for citizens to show up to vote and indeed, turnout tends to be
lower in such districts.
○
3. Are less likely to volunteer and participate in non-political community affairs.
Section 6. Congressional Representation
Party Representation in a “Malapportioned” Senate
o
What is malapportionment?
○
Malapportionment – an unequal distribution of voting power per citizen across
geographic electoral units due to divergent ratio of voters to representatives.
o
Is the U.S. Senate one of the most or one of the least malapportioned legislative chambers in
the world?
○
One of the most malapportioned.
Representation in the Undersized (?) House
o
Is the U.S. House of Representatives one of the most or one of the least malapportioned
legislative chambers in the world?
○
One of the least malapportioned.
o
According to the textbook, how many people does each elected member of the House
represent?
○
764,000
o
Why do some political scientists think this number is far too high?
○
With less seats, they can better understand their interests and values. Would allow the
people tom ore easily monitor the performance of their representatives and hold them
accountable. The more seats a legislature has, the better it can represent the diversity
of its citizenry.
o
What does political scientist Lee Drutman propose the U.S. do about the high number of
people per representative?
○
From 435 to 700
o
Even if Drutman’s proposal was adopted, how would the ratio of representation in the House
compare with the global average?
○
4.3x greater
Descriptive Representation
o
What is descriptive representation?
○
Descriptive representation – legislature is to the extent that its demographic
composition is proportional to the demographic composition of the population served
by the legislature.
o
What are two reasons descriptive representation is beneficial?
○
Helps assure that all those who are affected by public policies have their rights,
interests, and perspectives adequately represented in the policymaking process.
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○
It can promote a widespread sense of trust in the democratic process and perceptions
that decisions are fair and legitimate.
o
In what ways is the Congress most descriptively representative? In what ways is the
Congress most descriptively Unrepresentative?
○
Education, generation, wealth, race/ethnicity, gender, religion
○
Unrepresentative – education, wealth
Representing Constituents
o
What is constituent service?
○
Constituent service – a wide array of non-legislative activities – from helping with
issues with federal agencies to providing learning opportunities for students –
undertaken by Members of Congress or congressional staff that are aimed at helping
and/or honoring students.
o
What is the practice of “pork-barrel politics”?
○
Federal spending on projects designed to benefit a particular district or set of
constituents (also known as bringing home the bacon).
The Delegate, Trustee, and Politico Models of Representation
o
What are the differences between the delegate, trustee, and politico models of representation?
○
Delegate – holds the first duty of representatives is to follow the opinions of their
constituents. The people who vote for representatives are the ones who should
exercise judgement over questions of public policy, and if representatives do not
follow their lead, the representatives deserve to be voted out of office in the next
election.
○
Trustee – an elected representative is obligated to act accordingly to their own best
judgement of what is just or what will promote the public good even if it is unpopular
and leads to their being voted out of office in the next election.
○
Politico models – members of Congress act as either trustee or delegate depending on
the issue and public context.
o
According to the textbook, what approach to representation did Representative Liz Cheney
take in 2021-2022?
○
Trustee
Ch. 12: The Executive Branch
Section 2: The Design and Evolution of the Presidency
Inventing the Presidency
o
According to Article II of the Constitution, who is eligible to run for president?
o
Natural born citizen of US, 35 years old, resident of US for 14 years.
o
According to the original Constitution, what length and number of terms could Presidents
serve? How was this changed by the 22
nd
Amendment?
o
Original: allowed to serve unlimited number of 4 year terms.
o
22
nd
amendment: changed this to allow presidents to serve no more than 2 4 year
termms.
o
What are the powers of the Presidency?
o
Commander-in-chief of armed forced, negotiate treaties with the advice and consent
of the Senate, receive representatives of foreign nations, broad power to pardon
those convicted of federal offenses, except for officials removed through the
impeachment process, present SOTU to Congress, call Congress into session when
needed, veto legislation, make recommendations for legislation and policy, call on
the heads of various departments to make reports and offer opinions, nominating
federal judges, including Supreme Court justices, as well as other federal officials,
and making appointments to fill military and diplomatic posts
o
What is a veto? What is a veto override?
o
Power to block proposed legislation from becoming a law.
o
Override – authority of congress to enact a bill into law despite a residential’s veto of
the bill.
The Evolution of Presidential Power
o
What is the Cabinet?
o
Heads of 15 major bureaucratic departments within the executive branch who help the
president in setting/executing policy.
o
What is an executive order?
o
A rule of order issued by the president that has the force of law. Deemed valid only if
they are authorized by congressional statute and/or by specific constitutional
provisions.
o
What is executive privilege?
o
The president’s right, under certain circumstances, to withhold information from
Congress, the judiciary, or the public.
o
What are signing statements?
o
A written statement made by a president at the time they sign a bill into law that seeks
to influence the way the law is interpreted and implemented by bureaucratic agency
charged with enforcing it.
o
What are executive agreements?
o
An agreement between the president and another country made without formal
consent by the Senate. Function like treaties except they can be unilaterally broken by
future presidents, which means they are viewed by other countries as less secure and
reliable commitments.
o
What does it mean to impound funds?
o
A decision by a president to not spend money that has been appropriated by Congress.
Section 3: The Presidential Election Process
Selecting the Candidate: The Party Process
o
What was the King caucus? What method for nominating presidential candidates was it
replaced with?
o
An informal meeting, 1800s, called congressional caucus, made up of legislators in
the congress who met to decide on presidential nominees for their respective parties.
o
Independent selection of nominees through national party conventions. Primaries -- >
caucuses.
o
What are some of the political consequences of using the presidential primary and caucus
system
(instead of the National Party Conventions) to select presidential candidates?
o
The campaign season has grown longer and more costly. The process of going straigt
to the people through primaries and caucuses has created some opportunities for party
outsiders to rise.
o
What impact do the timing of the Iowa caucuses and New Hampshire primary have on the
presidential candidate selection process?
o
Iowa caucuses and the NH primary occur first. These early contests tend to shrink the
field as candidates who perform poorly leave the race.
The General Election
o
What is the Electoral College?
o
The college consisting of 538 electors – who meet in their respective states in
December of presidential election years to cast ballots for president and VP.
o
What determines how many electors a state has?
o
The Constitution allows each state to decide how to choose its electors, but it
requires that the number of electors for each state be equal to the number of seats
each state has in Congress. The Twenty-Third Amendment to the Constitution,
ratified in 1961, established that for the Electoral College, Washington, D.C. is
treated like a state and entitled to the number of electors it would receive if it had a
population equal to the least populous state in the country (i.e., three electors). Since
there are 435 seats in the House and 100 seats in the Senate, the fifty states are
alloted 535 electors. With Washington, D.C.'s three electors, the total number of
electors in the Electoral College is 538.
o
What method does nearly every state use for selecting electors?
o
Winner-takes-all elector voters by winner of popular vote
o
What two states do NOT rely entirely on a winner take all system for allocating their
Electoral College votes?
o
Nebraska and Maine.
o
How many times has a candidate received less than plurality of the popular vote but still
become president by winning a majority of the Electoral College votes? Who were the last
two presidents to be elected that way?
o
In 5 elections, the electoral college winner did not win the popular vote. (1824, 1876,
1888, 2000, 2016)
o
2000 – george w bush
o
216 - trump
o
According to the Constitution, if no candidate wins a majority of the Electoral College votes,
which institution decides the winner
and how exactly does that institution decide
?
o
The House of Reps chooses the president by majority vote with each state getting one
vote.
o
What is a faithless elector? Are states allowed to make it illegal for electors to be faithless?
o
An elector who does not vote for the candidates for president and/or vice president for
whom the elector has pledged to vote (as a member of their party).
o
In how many elections has the House of Representatives ended up choosing the President? In
which century did that last happen?
o
2 elections. Thomas jefferson 1880
o
James adams 1824
o
What is the National Popular Vote Interstate Compact? What is at least one other reform
proposal that would affect the Electoral College?
o
States that join this interstate compact commit through legislation to award their
states’ presidential electors to the candidate who receives the most votes nationwide,
regardless of which candidate received the most votes in their state.
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o
In 2021, what happened on January 6
th
, the date that Congress met to officially count the
electoral votes?
o
Attack on the US capital – result of trump’s effort to pressure VP Mike Pence to
acknowledge legitimay of trump’s alternative electors. Senate refused to count the
electoral college ballots, it was expected that the house of reps would decide the
election and since republicans controlled 26/50 state delegations in the house, it was
expected that the house would make trump the winner.
o
Which institution would have decided the outcome of the 2020 election if the efforts to
pressure Congress and Vice President Pence to refuse to certify the election’s results had
succeeded? Which candidate (Trump or Biden) was that institution most likely to choose as
president?
o
The house of reps would have to elect the president if congress refused to count the
ballots. Trump would have won.
Summary of the Presidential Election Process
o
Be able to put the four stages of the presidential selection process in order.
o
Primaries and caucuses
o
National party conventions
o
People vote in general election
o
Electoral college convenes to cast ballots
Section 4: Organization of the Executive Branch I: The Bureaucracy
What is the bureaucracy? What is a bureaucratic agency?
o
Bureaucracy – name given to the full set of bureaucratic agencies within a government.
o
Bureaucratic agency – government unit, composed of unelected civic servants, that is
established to accomplish a specific set of goals and objectives as authorized by a
legislative body.
What are civil servants (also called bureaucrats)?
o
Individuals who fill nonelected positions in government as careers and make up the
bureaucracy.
Types of Bureaucratic Organizations:
o
Cabinet Departments
What are cabinet departments? How many cabinet departments are there currently? To
whom do Cabinet Secretaries report?
Consists of a vast network of offices and agencies, headed by secretaries
that are confirmed by the Senate and held directly accountable to the
president.
15
Which cabinet departments have been in existence since the time of George
Washington?
State and Treasury
Which cabinet department didn’t exist until the twenty-first century?
Homeland Security
Independent Executive Agencies
o
What is an independent executive agency? How do independent executive agencies differ
from cabinet departments?
o
Bureaucratic agencies independent from oversight by any cabinet department;
assigned far more focused tasks.
o
CIA, NASA, EPA
Independent Regulatory Agencies
o
What is an independent regulatory agency?
o
A type of independent executive agency that is charged with regulating an industry;
not under control by any cabinet department.
o
FCC, ICC, CFTC
Government Corporations
o
What are government corporations? What are their characteristics?
o
Corporation that fulfills an important public interest and is therefore overseen by
government authorities to a much larger degree than private businesses; does not have
stockholders, exempt from taxes.
o
USPS, AMTRAK
Bureaucratic Agencies in Action: Negotiated Rulemaking
o
What is negotiated rulemaking? Do all federal bureaucratic agencies use this method?
o
Neutral advisors convene a committee of those who have vested interests in the
proposed rules and help the committee reach a consensus on them.
o
Notice-and-comment rulemaking. This practice required that agencies attempting to
adopt rules publish their proposal in the federal register, the official publication for
aall the rules and proposed rules.
o
Do bureaucratic rules have the force of law?
o
Yes
Section 5: Organization of the Executive Branch II: The President’s Support Team
The White House Staff
o
Why is the Chief of Staff the President’s most important aide?
o
Controls the president’s calendar, access to the president, manages staff, advises in all
aspects of policy both domestic and foreign, “lightning rod”.
o
About how large is the White House Staff?
o
470 (301-500)
The Executive Office of the President (EOP)
o
About how large is the Executive Office of the President?
o
1800
o
What are the roles of the National Security Council, the Council of Economic Advisers, and
the Office of Management and Budget?
o
National security council – assists the president in handling crises in the international
arena; composed of the president, VP, secretary of defense, secretary of state, works
closely with department of defense and the cia.
o
Council of economic advisers – assists the president in evaluating economic trends
and formulating economic polucy; composed of 3 economists appointed by the
president, prepares an annual president’s economic report.
o
Office of management and budget – preapres the presidnet’s budget proposal to
congress, helps push the proposal throguh congress, analyzes the effects of all new
programs on the national debt.
The Cabinet
o
Do presidents rely on their cabinets for advice as much today as they did in the nineteenth
century?
o
Rely less on cabinet for advice.
The Vice President
o
Which President was the first to make a conscious effort to make vice presidents a more
central part of the President’s policy team?
o
Jimmy Carter 1970s
The First Spouse
o
How has the role of the First Spouse changed over time?
o
Before 1933, first ladies served as private political advisers to their husbands.
o
Established by eleanor roosevelt. The office of the first lady, complete with a news
reporter as her press secretary.
o
Which two first ladies are credited with doing the most to set new and higher standards for
the role of the first spouse in political advocacy?
o
Eleanor roosevelt, hillary clinton
Section 6: Presidential Power: Formal and Informal
What are the two main categories of presidential powers?
o
Formal powers of direct action
o
Informal powers of persuasion and negotiation essential to working with the legislative
branch
Formal Powers of Direct Action
o
What is the President’s power of removal?
o
President can demand the resignatio/removal of cabinet officers, high-ranking
appointees (ambassadors) and members of the presidential staff.
o
What is the President’s power of pardon? What, if any, limits does the Constitution place on
the President’s pardon power?
o
Forgiveness by the governor for a crime committed. May not issuue pardons in cases
of impeachment.
o
What are executive orders? Has the use of executive orders increased or decreased since the
presidency of Theodore Roosevelt?
o
Direct government agencies to pursue a certain course in the absence of congressional
actions.
o
Decrease in executive orders.
o
What are some famous executive orders mentioned in the chapter?
o
Lincoln ordered the suspension of the privilege of the writ of habeas corpus
o
Emancipation proclamation
o
Internet of japanese americans
o
What does the President do as Commander in Chief of the Armed Forces? Do Presidents
today typically involve or bypass Congress when engaging in military hostilities?
o
Presidents hire/fire military commanders and aggressively deploy US military force
o
Congress rarely has taken the lead on military hostilities over history.
o
What are executive agreements? Give one prominent example mentioned in the chapter.
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o
Formal agreements negotiated between two countries but not ratified by a legislature
as a treaty must be. Can be broken by future presidents.
o
Trump ended the joint comprehensive plan of action with iran (iran nuclear deal) that
president obama had committed the country to only 3 years before.
Informal Powers of Persuasion and Negotiation
o
What are some ways a president can use informal powers of persuasion and negotiation when
dealing with Congress?
o
President must relay some messages privately while offering incentives, both positive
and negative.
o
Going public
o
What does the concept of going public mean?
o
An effort by a president to deliver a major television address in the hope that public
pressure will result in legislators supporting the president on a major piece of
legislation.
Section 7: Limits on the Executive Branch I: Controlling the Bureaucracy
Congressional Bureaucratic Oversight
o
What are some ways that Congress exerts oversight over the federal bureaucracy?
o
Congress is empowered to apply oversight of the federal bureaucracy because of its
power to control the funding and approve presidential appointments.
o
What is the Government Accounting Office?
o
Agency that provides congress, its committees, and the heads of the executive
agencies with auditing, evaluation, and investigative services through regular
repoprting conducted in a relatively fact-based nonpartisan manner.
Presidential Bureaucratic Oversight
o
What are the two main ways presidents exert oversight over the federal bureaucracy?
o
OMB reports
o
Powers of appointment and removal to hire responsible, accountable leaders
Citizen Bureaucratic Oversight
o
What is FOIA (the Freedom of Information Act) and how may citizens use it to exercise
oversight over the federal bureaucracy?
o
Provides journalists and the general public the right to request records from various
federal agencies. These agencies are required by law to release that information
unless it qualifies for one of nine exemptions.
o
What did the Government in the Sunshine Act of 1976 do?
o
Requires all multi-headed federal agencies to hold their meetings in public forum on a
regular basis.
Internal Whistleblowing
o
What is a whistleblower?
o
A person who reveals information about activity within an organization that is
deemed illegal, immoral, illicit, unsafe, or fraudulent; can use a variety of internal or
external channels to communicate information or allegations.
o
Why has Congress passed whistleblower protection laws?
o
To help employees overcome their fear of reporting genuine wrongdoing when they
see it and thereby to reduce wrongdoing within agencies in the future.
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Section 8: Limits on the Executive Branch II: Presidential Accountability
What is impeachment? Who impeaches a president, and what must the vote count be?
o
The act of charging a government official with a serious wrongdoing, which in some
cases may lead to the removal of that official from office.
o
President impeached by house (majority) and trialed by senate (2/3 majority)
What is removal? Who removes a president, and what must the vote count be?
o
If 2/3 of senators vote to remove a president after the president has been impeached by
the house, then the president is removed from the office.
o
A president can be impeached by a simple majority vote in house.
How many presidents have been impeached?
o
4 – andrew johnson, nixon, clinton, trump
Who is the only president to be impeached twice?
o
Donald trump
Has any president been impeached AND removed?
o
None
Who becomes president when a president is removed from office?
o
VP next in line speaker of the house next in line after that.
Ch. 13: The U.S. Supreme Court and Federal Judiciary
Section 2: The Origin and Development of the Federal Judiciary
Designing Judicial Independence
o
Judicial independence – a condition in which judges are free from political pressure and
financial influence.
o
What are the two ways Article III of the Constitution seeks to promote judicial
independence? Are judicial removals through impeachment common, or are they rare?
o
Lifetime appointments – grants federal judges lifetime appointments. “During good
Behavior” means federal judges can serve for life unless they engage in behavior that
is bad enough to be removed from office through impeachment. Or resign.
Removal from impeachment is extremely rare. Federal judges decide cases
without fearing they will lose their jobs simply because Congress dislikes
their decisions.
o
Guaranteed salary – Judges’ salaries cannot be reduced while in office.
Congress sets judicial salaries by law. The constitution allows Congress to
stop increasing judicial salaries, but it bars Congress from lowering them.
This is intended to disallow Congress from using its power of the purse as a
negative incentive to influence judges.
o
What is the power of judicial review? What, if anything, does the Constitution have to say
about it? In what case did the Supreme Court declare itself to have that power?
o
Judicial review – the authority of courts to decide whether acts of government are
constitutional or unconstitutional.
o
The Constitution does not say explicitly whether the US Supreme Court would have
the power of judicial power.
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o
The Supreme Court declared it had the power of judicial review in a case in 1803
called Marbury v. Madison.
o
According to Alexander Hamilton, which of the three branches of government is inherently
the weakest, and what did this have to do with his case for judicial independence?
o
Judicial branch – needed strong protections for its independence so that it could
uphold the Constitution by exercising the power of judicial review. No amount of
independence in the judiciary could lead it to become dangerous to the liberty of the
people. The only real danger was that it would not be independent enough.
Establishing Jurisdiction
o
Be able to define these terms and understand how they relate to each other: jurisdiction,
original jurisdiction, appellate jurisdiction, trial court, appellate court, mandatory appellate
jurisdiction, and discretionary appellate jurisdiction.
o
Jurisdiction – authority of a court to hear a legal case and rule on it.
Defined by geography (courts have authority only over specific geographic
areas) and type of law that is ruled upon a court.
o
Original jurisdiction – a court has authority to be the first court to hear a case.
o
Appellate jurisdiction – a court has authority to hear a case on appeal from a lower
case to change the lower court’s decision.
o
Trial courts – only have jurisdiction.
o
Appellate courts – only have appellate jurisdiction.
o
Mandatory appellate jurisdiction – when an appellate court is required to hear cases
on appeal.
o
Discretionary appellate jurisdiction – when an appellate court is allowed to choose
whether or not to hear cases on appeal.
o
What kind of court (trial court or appellate court) does Article III of the Constitution establish
the Supreme Court as (primarily)?
o
Appellate court.
o
Article III allows Congress to alter the Supreme Court’s appellate jurisdiction. Does it also
allow Congress to alter its original jurisdiction?
o
Congress is not allowed to alter the Supreme Court’s original jurisdiction. It is
allowed to alter the Court’s appellate jurisdiction.
o
For nearly a century, Congress has given the Court which of these kinds of appellate
jurisdiction: mandatory or discretionary?
o
Discretionary.
Congress' Control over the Size of the Supreme Court
o
What is “court packing”? The last major attempt at it was in the 1930s. Was that attempt
successful?
o
Court packing – expanding the size of the Supreme Court so the president and
Congress can add a sufficient number of new justices to change the Court’s decision-
making in a way that they desire.
o
FDR attempted court packing in 1930s but failed.
Section 3: The Design of the U.S. Court System
The Federal Court System
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o
Be able to identify the main traits of U.S. district courts and U.S. courts of appeals.
Specifically, be able to answer these questions about those two types of courts:
Which are trial courts and which are intermediate appellate courts?
Trial Courts: US Districts
Intermediate Appellate Courts: US Courts of Appeals
Which hear cases with rotating 3-judge panels and which do so with a single federal
judge or magistrate?
US district courts (trial courts) appoint magistrate judges which are
limited-term judges that can preside over nearly any kind of non-felony
federal trials.
US courts of appeals deal with rotation 3-judge panels preside over cases.
o
Which numbered federal judicial circuit is Georgia a part of (along with Alabama and
Florida)?
o
11
o
How many federal judicial districts (and, thus, district courts) does Georgia have?
o
3
State Courts and the Dual Court System
o
Make sure to know and understand the term, “dual court system.”
o
Dual court system – courts at both the national and state levels.
o
90% of all court cases in the U.S. occur in which kind of courts: state or federal?
o
State level.
o
What is the name of the highest appellate court (i.e., the court of last resort) within the
Georgia judicial system?
o
Supreme Court of GA.
o
Under the dual court system, state courts did NOT operate
entirely
independently from the
federal courts in all cases. What condition must be met for federal courts to be able to hear
cases from state courts on appeal?
o
Only on points that involve a federal law or question, and usually after all avenues of
appeal in the state courts have been exhausted.
Section 4: Judicial Selection and Representation
Federal judges (including Supreme Court justices) are nominated by the
president
and confirmed
by the
senate.
Supreme Court Nominations and Confirmations
o
When presidents decide who to nominate as Supreme Court justice, does the ideology of the
nominee matter, or does the president only consider their qualifications?
o
Reflects the chief executive’s own ideological position. With a confirmed nominee
serving a lifetime appointment, a president’s ideological legacy has the potential to
live on long after the end of the term.
Descriptive and Ideological Representation
o
What religious identity is currently the most prevalent on the U.S. Supreme Court?
o
Catholicism.
o
Of the nine justices on the current U.S. Supreme Court, how many did NOT graduate from
either Harvard Law School or Yale Law School?
o
One. Amy C. Barrett.
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o
Of the nine justices on the current U.S. Supreme Court, how many are women?
o
4.
o
What is the current ideological balance on the U.S. Supreme Court (i.e., how many liberals
and conservatives are there)?
o
6 conservatives and 3 liberals.
Section 5: Supreme Court Decision-Making
What is
stare decisis
?
o
Stare decisis – (stand by things decided) US court system as a whole operates with this –
today’s decisions are based largely on rulings from the past, and tomorrow’s rulings rely
on what is decided today.
o
According to the Supreme Court, who is more strictly bound by it: the Supreme Court or
lower federal courts?
Lower federal courts are more bounded. The Supreme Court has the potential
to override and appeal certain court decisions. Ex. Roe vs. Wade.
Deciding to Decide (i.e., Granting Cert)
o
When the Supreme Court decides to hear a case on appeal, it is normally called “granting
cert.” Why is it called that?
o
Granting certs – if four Justices agree to review the case, then the Court will hear the
case.
o
Writ of Certiorari – a request that the lower court send up its record of the case for a
review.
o
It is called granting certs because the case is scheduled in the Court’s docket.
o
What is the Rule of Four? What does it have to do with granting cert?
o
Rule of Four – a supreme court custom in which a case will be heard when four
justices vote to do so. A court case would be able to reach grant cert if approved by
four justices.
Deciding on the Merits
o
What is an
amicus curiae
brief?
o
Amicus curiae briefs – (friend of the court) gives their opinion, analysis and
recommendations about how the court should rule.
o
Why do justices “bargain” over the reasoning in majority opinions? How can this bargaining
process affect the Court’s final decision on a case?
o
Justices bargain over the reasoning in majority opinions to give draft opinion.
Bargaining process in which justices demand certain changes to the opinion as a
condition of keeping their vote.
o
Make sure to know the differences between these kinds of opinions: majority opinions,
concurring opinions, and dissenting opinions.
o
Majority opinions – the court’s official written justification for its decision in a case.
o
Concurring opinions – opinion written by a justice who agrees with the court’s
majority decision on the case but has different reasons for supporting it from that
offered by the majority opinion.
o
Dissenting opinions – opinion written by a justice that explains why they disagree
with the Court’s majority decision in the case.
Influences on Supreme Court Decision-Making
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o
What fraction of the Supreme Court’s decisions are unanimous (9-0)?
o
1/3.
o
Make sure to understand the difference between judicial activism and judicial restraint.
o
Judicial activism – when a justice is more likely to support the expansion of the
supreme court’s jurisdiction and powers, to embrace innovative constitutional
doctrines, to overturn precedents, and/or to rule actions by other branches
unconstitutional.
o
Judicial restraint – a justice is more likely to support a limited scope for the supreme
court’s jurisdiction and powers, to averse to innovative legal doctrines, and to be
reluctant to overturn precedent and/or rule actions by the other branches to be
unconstitutional.
o
According to the textbook, what is the most influential check on the Supreme Court provided
by the other branches?
o
The court’s dependence on the other branches for enforcement of its rulings
.
o
The Court relies on the executive to implement or enforce its decisions and on the
legislative branch to fund them
.
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