Mixed Institutions Flashcards
Miller v. Johnson
Along with Shaw v. Reno decided race cannot be the predominant factor in drawing district lines
U.S Term Limits v. Thornton
States cannot set term limits on members of congress
Bush v. Gore
Florida’s recount in the 2000 election was ruled to be a violation of the 14th amendments equal protection clause
Shelby county v. Holder
Invalidated part of the voting rights act of 65 clearing the way for the expansion of voter id laws
Public education role of congress
Committee hearings and floor debates educate the public
Sponser
The congress member who introduces the bill
Poison pill amendments
Killer amendments
rules committee can make it easy to add these for opponents
Remember earmarks
Appear in appropriations and authorizations bills
INS v. Chadha
Declared unconstitutional
Congress wrote legislation giving president broad powers but reserved itself the right to void presidential actions by a vote of one or both houses
Discharge petition
Parliamentary mechanism to force a bill out of committee for a floor vote
Pendleton Act
Eliminated the spoils system of patronage in selection for government jobs and set up exam based merit system
Regulation of gov.
Sherman anti-trust act
Provided congress with authority to regulate and break up monopolies or trusts in the US
Is abused to brake up labor unions
Hatch act
Permitted gov. employees to vote in gov. Elections but forbade participation in partisan politics
Freedom of information act
Declassified gov. documents for public use
Air quality act
The beginning of a series of acts to regulate impacts on the environment
Espionage act, sedation act
Curtailed the civil liberties of Americans during wartime and increased fed. power in controlling public activity
Sedation act was repealed by congress in 1921
Immigration act
Limited number of immigrants let into the United States quotas for entry
Age discrimination in employment act
Banned age discrimination in jobs unless age was related to performance
Title IX Education Act
Prohibited gender discrimination in federally funded education programs
Patriot Act
Response to 9 11
Authority governments to convict terrorists
Personal Responsibility and work opportunity reconciliation act
Increase personal responsibility in welfare recipients and shifted welfare responsibilities to state governments
Gulf of Tonkin Resolution
Gave president broad powers to commit unlimited troops for unlimited time in Vietnam
Pre War Powers Resolution
Domestic policy council
Assists president in domestic policy
US trade representative
Negotiating complex trade and tariff agreements on behalf of president with White House guidance
Department of homeland security
Makes 15 cabinet departments Counters terrorism Protects boarders Analyze intelligence Detect weapons Support local agencies like police and fire departments
Principles of the judicial system
Equal justice under the law- all treated as equals
Due process of law
Adversarial system- two sides must be represented
Presumption of justice- innocent until proven guilty
Types of due process
Substantive- whether laws are unfair
Procedural- whether laws are fairly applied
Grand jury
24 to 48 jurors that use evidence from prosecutor to decide if trial should commence
Who is the prosecutor in criminal trials
Goal of prosecutor
The government at some level
Guilt beyond reasonable doubt
Petit juries
12 jurors decide in criminal cases
The verdict
Civil law cases
Only gov if gov is a plaintiff or defendant
If a judge or jury thinks the case as merit it will continue
Settlement to avoid trial
Show preponderance of evidence favors there side
Fewer jurors
Equity
Loser forced to stop doing something
Smith v. Allwright
The denying of African Americans the rights to vote in a primary election was found to be a violation of the 15th amendment
Fletcher v. Peck
First case in which the court overturned a state law unconstitutional grounds Fletcher established the courts right to apply judicial review to state laws previously judicial review had been applied only to federal law
Timing of Supreme Court cases
From October to April
Hears oral arguments 30 min each for both sides
Federal gov. Will take one side and solicitor general will argue on behalf of gov for a portion of 30 min on supporting side
Joint chiefs of staff
The five Chiefs of the military services and their chairman who are responsible for carrying out defense policy and report directly to both the secretary of defense from the department of defense and the president
Executive departments in the cabinet
Department of State Treasury Defense Justice (attorney general and solicitor general) Interior Agriculture Commerce Labor Health and human services Housing and urban development Transportation Energy Education Veterans affairs Homeland security
Organization of the departments
Secretary with president appointment and senate approval
Undersecretary (not confirmed by senate)
Senior executive service some appointees
Gov entities not within the 15 cabinets
Independent agencies
Independent regulatory commissions/ regulatory agencies (FCC, OSHA, SEC, FTC, and Federal Reserve Board)
Quasi-legislative agencies
Independent agencies who are responsible for filling in gaps in legislation and writing rules
Quasi-judicial agencies
Independent agencies responsible for rule enforcement and punishing violators
The nuclear regulatory commission
Controls how electric power companies design build and operate nuclear reactors
regulatory
The food and drug administation
Responsible for ensuring the health of the American people by inspecting food supply for contaminants and spoilage responsible for regulating sale of over-the-counter drugs and patent medicines
Regulatory agency
Federal energy regulatory commission
Is responsible for preventing price-fixing and price manipulation in electric utilities, interstate oil and gas pipelines, and natural gas suppliers
Regulatory agency
Equal employment opportunities commission
EEOC created by civil rights act Enforces anti discrimination laws Americans with disabilities act Affirmative action (first promoted then discouraged)
Boards of commissioners
Run regulatory agencies
Appointed and confirmed by senate
Alliance network or issue network
Members of Congress and bureaucrats who form a close working relationship for more complicated than a simple three-part iron triangle
When issues affect many groups
Quasi-legislative function
Regulatory agency writes and publishes the rules
