legislative branch Flashcards
- there were no black representatives despite 20% of the population being black so they had to reapportion district lines
Nc drew a district that was majority black and submitted it to justice apartment for review, then added another and it looked wack because they drew on racial lines (racial gerrymandering)
Voting rights act of 1965 made it so if a state changed its district lines it needed to be reviewed by federal govt
Case was argued on equal protection clause of 14th amendment,
shaw’s group argued that the equal protection clause was violated because districts were drawn with only race in mind
Reno’s group argued that the equal protection clause was NOT violated because districts were drawn with the intention of helping black residents who faced historic discrimination
Colorblind interpretation- constitution is blind
Decision: while districts may have been drawn with noble intentions, districts drawn only based on race were unconstitutional for setting a dangerous precedent
Why it matters: set precedent for for future cases involving racial gerrymandering and the case ruling stands to this day
shaw v reno (1990, north carolina)
Supreme court had already decided that questions of redistricting were not justiciable- court had no business ruling on things (political, not justice question) but this changes
14th amendment/equal protection clause threatened (no state shall make/enforce any law that denies a person equal protection of the law under its jurisdiction)
Argument that refusing to redraw the district lines and reapportion representatives was not equally protected with the changes in the populations so therefore it became justiciable
Decision: issues of reapportionment were justiciable and supreme court did have authority to rule on questions of legislative apportionment
Why it matters: established foundation for one person, one vote doctrine (no vote is worth more than another) , altered nature of political representation for us
baker v carr (1962, tn)
Based on census every 10 years, district lines are redrawn to reflect most current population numbers
Redistricting must be done in a way that every person’s vote was equally powerful (baker v carr)
Partisan Gerrymandering- districts lines are drawn to favor one party over another
Shaw v reno → racial gerrymandering → redrawing district lines solely on race is dangerous and can disenfranchise minority voters and is unconstitutional
issues of redistricting/gerrymandering
hybrid , acts like a delegate if it’s clear the constituents feel strongly about an issue but if not, acts like a trustee
Votes on party lines
politico model
Representative feels they are entrusted with people’s faith and can vote to their own conscience, even voting against the will of the people if they believe it’s the right thing to do
trustee model
must vote by will of the people, there to represent their beliefs and desires
Especially seen in hor since they need to answer to the people especially when reelection comes up
delegate model
opposing parties holding majority in both houses or president is on party and congress is the opposite - significantly slows things down
divisive govt
resulting from increasingly opposing ideas, political fighting
gridlock
liberals v conservatives represent two different political parties
ideological divisions
money from borrowing or raising taxes
deficit spending
debated widely, biggest category is human resources, paying federal employees who run the govt
discretionary spending
money they must allocate by law ex. Medicare and medicaid
mandatory spending
deficit, discretionary, and mandatory spending
factors considered when passing federal budgets
i vote for yours if you vote for mine
logrolling
funds earmarked for a particular representative’s district
porkbarrel spending
provisions to the bill that have nothing to do with the subject of the bill
(usually benefit a certain representative’s district/state)
non germane riders
Can be sponsored from either member of hor or senate
Often changes as it’s debated
Once a bill is assigned to a committee, it can be further debated and changed
Once it comes out of the committee, it goes to the floor for a vote
how a bill becomes passed
Unlimited debate and filibusters- taking a long time
Cloture rule- move to end a filibuster by means of a 3/5ths vote (60 senators)
Unanimous consent: call to all senators to restrict certain privileges for the sake of getting work done faster
senate regulations for getting work done
-discharge petition
- commitee of the whole
- house rules commitee
- conference commitee
- select commitee
- joint commitee
- standing commitee
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how work is done in HOR
remains from session to session, deals with issues that are always present !!!!!!!!1ex. Appropriations committee (senate) - largest and most powerful, debates and make decisions on where federal money is going to be spent. and !!!ways and means committee (hor) which covers various taxation bills
standing commitee
senate and hor together. There is a joint committee on library and one on printing, persist over time but occasionally formed presently
joint commitee
opposite of standing committee, temporarily formed for a specific purpose *missouri compromise was made in select committee which disbanded after compromise was accomplished
select commitee