Final Study Questions Flashcards
Questions missing from study guide. 33, 35, 24, 31.
Explain the equal protection clause.
Part of the Fourteenth Amendment to the United States Constitution, provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws. “The Fourteenth Amendment Equal Protection Clause applies only to state governments, but the requirement of equal protection has been read to apply to the federal government as a component of Fifth Amendment due process. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. The equal protection clause is not intended to provide “equality” among individuals or classes but only “equal application” of the laws
What did the case Plessy vs Ferguson entail and what precedents did it set?
Plessy, an African man sat in a whites only railroad car and refused to move which led in his arrest. During this time it was a violation of the strict segregation imposed by the Jim Crow laws. Plessy’s lawyers argued that racial segregation laws violated the equal protection law of the fourteenth amendment. The courts ruled that it was not a violation as states had a desperate but equal services and facilities for minorities.
What did the case Brown vs Board of Education entail and what precedents did it set?
Thurgood Marshall condemned the ruling of Plessy vs Ferguson in which he tried to overturn the doctrine of separate but equal. After he won the case it became clear that an important part of government endorsed a new concept of equality for forbidding racial segregation.
Who was Earl Warren and what did he argue?
Earl Warren was the court’s chief justice who felt strongly that racial segregation violated the equal protection clause. He convinced his colleagues to condemn racial segregation and overturn the separate but equal doctrine of Plessy versus Ferguson.
Explain the difference between civil liberties and civil rights.
Civil liberties are freedoms that protect the individual from government to a certain extent. Civil liberties set limits for government so that it cannot abuse its power and interfere with the lives of its citizens. Civil liberties are individual freedoms and legal protections guaranteed by the bill of rights that cannot be denied or hindered by government. Civil rights on the other hand are Public policies and legal protections concerning equal status and treatment in American society to advance the goals of equal opportunity, fare and open Political participation and equal treatment under the law without regard to race, gender, disability status and other demographic characteristics.
Explain the difference between strict scrutiny and rational base testing.
Strict scrutiny refers to cases where courts require the government to show a compelling justification for any laws, policies, or practices that result in racial discrimination or the denial of fundamental rights. Rational basis tests:The govenment need only show that the challenged classification is rationally related to serving a legitimate state interest. Refer to: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm
Describe how Congress is organized.
The House is led by the Speaker of the House. Underneath the Speaker are the House Majority and Minority leaders, and their assistants (known as “Whips”).
The work flow of the House is directed by the Speaker and Majority leaders. They funnel bills to the committees where all of the work gets done.
There are 19 standing committees in the House. In addition there are temporary committees that spring up occasionally to handle special work; but the majority of the heavy lifting is done by the 19 standing committees.
The Senate is structured similarly, but with one difference, the Senate is presided over by the Vice president of the US. When he is not there, the President Pro Tem of the Senate presides. There is a senate Majority and Minority Leader, as well as the Whips. But there are only 16 standing committees in the Senate.
Explain how seats in the House of Representatives are apportioned among the states.
The seats in the United States House of Representatives are redistributed amongst the 50 states following each constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its share of the aggregate population of the 50 states
Explain why it is hard for congress to legislate successfully.
The book indicates that hardcore partisanship create deep gridlock in which without a willingness to find common ground among parties little gets done in the legislature. Congress is Designed to be deliberately slow. Money, lobbying, riders on amendment process and sign on statements all contribute to creating a difficult/slow legislation process.
What reforms might improve the performance of Congress and its members?
This is Personal Opinion, read about Congress and its Members and come up with a way to improve!
State some important differences between the House of Representatives and the Senate.
House of Representatives: -435 members(apportionment based on state population) -Two year terms -Less flexible rules -Limited debate -Policy specialists with an emphasis on taxes and revenues -Less media coverage -Centralized power(with committee members) -More partisan -High turnover rate Senate: -100 members(two from each state) -six-year terms -More flexible rules -Virtually unlimited debate -Policy generalists with an emphasis on foreign policy -More media coverage -Equal distribution of power -Somewhat less partisan -Water turnover rate
Describe two functions of political parties within Congress.
- First parties serve as an orientation function, both parties conduct extensive orientation sessions. This familiarized new members of congress with the procedures, norms, and customs of the chamber. They also serve to break new representatives into the social fabric of the capital.
- Second parties in the legislature set the agenda for the coming session and establish priorities. Parties allow members to express their concern to the leadership, where they are prioritize into an agenda for the session. This process narrows a list and focuses on members efforts on priority items. No longer are there 200 different members of the same party independently fighting for a goal but rather 200 legislatures working in a unified, synchronize effort toward a common goal.
- Third parties give their members in important time-saving tool, or voting queues, when it comes to committee service and floor voting. Here party leaders take positions on issues and suggest to other members of their party that they do the same.
Finally parties organize the committee appointment process. As legislators are given a wide range of topics, some committees are more desirable then others. By regularly following leadership this helps a member be appointed a choice assignment. Party leaders handle the difficult and sometimes contentious chore of committee appointments.
Describe the committee system in Congress.
First, allows members of congress to divide their work among smaller groups. Second, from the huge number of bills introduced in each congress, committees distribute those few that are to receive further consideration. Third, they hold public hearings and help public learn about key issues. Long: Congress developed the committee system to facilitate its consideration of the various items of business that arise. Each house of Congress has a number of standing committee. Standing committees are permanent structures that perform detailed work of a legislature such as drafting a bill for consideration. First members of each committee become experts in that policy area so that they can better Determine the importance and implications of proposals. Second by dividing the legislature’s work between dozens of committees, or minilegislatures, avast number of measures can be considered simultaneously. Third this system enhances the representation process by allowing legislators to sit on committees that deal with issues of interest to their constituents. Fourth committees have taken a safety valve function by becoming the forum for public debate and controversy. They can absorb conflict or resolve the strains of the democratic system and can also promote conflict and increase tensions by blocking action on specific measures. Finally committees offer citizens many points of access into the legislative process. As few measures are considered without the committee level and given that committee votes Are often won or lost by a few votes, swinging a couple of legislators votes can change the fate of the piece of legislation and thus can be manageable for an average citizen.
Beside the standing committee are a few other committees. subcommittee: held under standing committee and follows the same rationale in which members specialize and thus break down a broad policy into more manageable parts. Select committee: established by both chambers to deal with a particular issue or problem. They are temporary and serve primarily In an investigative role that cannot approve legislation or move it forward. Conference committee: When each chamber passes similar but not identical legislation a conference committee is assembled to work out the differences and reach a compromise. For legislation to become law both branches of the legislature must first pass exactly the same bill. In a way these conference committees actually write legislation; so important are these committees they are titled the third house of Congress. Joint committees: Composed of members selected from each chamber in which they investigate, research, and oversight of agencies closely related to Congress. Standing joint committees: Permanent joint committees.
Indicate why the practice of racial gerrymandering is so controversial.
Gerrymandering may be used to help or hinder a particular demographic, such as a political, ethnic, racial, linguistic, or class. gerrymandering underrepresented minority groups by packing them into a single district. This can be controversial, as it may lead to those groups’ remaining marginalized in the government as they become confined to a single district. Candidates outside that district no longer need to represent them to win election. Here groups are then stereotyped and viewed as being of the same in thought, needs, and voting pattern.
Summarize the specific steps in the lawmaking process.
Step one introduction of the bill: a bill can originate from administrative agencies or interest groups But to begin the actual process of legislation in member of Congress must always introduce a bill in one chamber of that body. This person becomes the bill’s sponsor. Any member of the national legislature can introduce a bill with the exception of tax bills which can only be Introduced by the House.
Step two referral: After the bill is introduced it is referred to the committee, from there it is usually sent to the appropriate subcommittee
Step three committee consideration: Most measures remain at the subcommittee level where hearings are held and the language is sometimes modified and if the bill is approved at this level, it is reported back to the full committee.
Step four rules for floor action: Any Bill approved by full committee is sent to the floor for full chamber consideration. However in the house, a Required stop at the rules committee where procedural issues such as Length of time the bill will be debated and types of amendments are set.
Step five floor consideration: This is where every member in the chamber has an opportunity to express his or her support or lack of for the bill.
Step six conference committee: For a Bill to become a law an identical version must be approved in both houses. measures passed in one house but not the other house is called one house bills.
Step seven presidential action: a bill becomes law when the president signs it. if 10 days passed without the president having signed the bill the bill becomes law. Also the President can veto the bill sending it back to Congress.
