Poli - exam 2 (chapters 6, 8, 9, 10, 14) Flashcards
Native American Reservations - semi-soverign
Native American reservations are areas of land where Native American tribes have their own governments and laws. They exist within the United States, preserving tribal cultures and traditions.
These reservations are significant because they reflect the historical relationship between Native American tribes and the U.S. government, showcasing tribal sovereignty within the United States.
Use of Boarding Schools for Native American Children (& percent attended by 1926)
In the past, the U.S. government sent Native American children to boarding schools to assimilate them into mainstream American culture. By 1926, about 83% of Native American children attended these schools, leading to cultural losses.
It reveals a historical attempt to erase Native American cultures and languages, highlighting the importance of cultural preservation and recognizing the mistreatment of Native communities.
Cesar Chavez and Dolores Huerta
Cesar Chavez and Dolores Huerta co-founded the United Farm Workers (UFW) union in the 1960s, advocating for better pay and working conditions for farmworkers, many of whom were Latino.
It led to improved labor rights for agricultural workers, emphasizing the importance of social justice and the struggle for equal rights.
Legal Classifications for Equal Protection
1) Suspect Classification (Strict Scrutiny): This is like the highest level of checking if a law is fair. It’s used when a law treats people differently based on things like their race or religion. The government has to have a really good reason for this, and the law has to be super precise.
2) Quasi-Suspect Class (Intermediate Standard of Review): When a law treats people differently based on things like their gender or if they are born to married parents, it’s not as strict as suspect classification. But the government still has to show a good reason for doing it.
3) Non-Suspect Class (Minimum Rationality Test): For all other cases, like laws that don’t involve race, religion, gender, or family, the government just has to show that they had a reasonable purpose for the law. It doesn’t have to be as strict as the other two.
Dred Scott v. Sanford
Dred Scott was an enslaved man who sought freedom in the mid-1800s. The Supreme Court ruled against him, stating that enslaved people, even in free states, were still considered property.
This case demonstrated the injustices and tensions related to slavery in the years leading up to the Civil War.
Juneteenth
Juneteenth, on June 19, 1865, marked the day when the news of the Emancipation Proclamation, which declared enslaved people free, reached Texas.
Juneteenth is significant as a celebration of the end of slavery and a reminder that even after a law is passed, it can take time for people to find out and for things to change.
Plessy v. Ferguson and Brown v. Board of Education
The Plessy v. Ferguson legal case, in 1896, upheld “separate but equal” laws.
The Brown v. Board of Education case, in 1954, declared that “separate but equal” was unfair, especially in schools.
These cases are significant because they highlight the fight against racial segregation and the importance of equality in education.
De Jure vs. De Facto Discrimination
De jure discrimination involves discrimination that’s part of the law itself, while de facto discrimination is not in the law but happens in practice.
Understanding these types of discrimination is significant because it helps us recognize where discrimination comes from and how to address it.
Chinese Exclusion Act and 1965 Immigration and Nationality Act
The Chinese Exclusion Act, in 1882, prohibited Chinese immigration to the U.S.
The 1965 Immigration and Nationality Act ended discriminatory nationality-based immigration policies.
These acts are significant because they reflect changes in U.S. immigration policy and the fight against nationality-based discrimination.
Presidential Powers in the Constitution
1) Chief Administrator
In the Constitution, the president is given the role of the chief administrator. This means the president is like the “boss” of the executive branch of the government.
This power is significant because it allows the president to oversee and manage government agencies, ensuring that they work together to carry out the laws and policies of the United States.
2) Commander in Chief
The Constitution also designates the president as the commander in chief of the U.S. armed forces. This means the president has control over the military.
This power is significant because it gives the president the authority to make critical decisions regarding the use of military force and national security.
3) Chief Foreign Policy Officer
The president is also the chief foreign policy officer, responsible for managing the nation’s relationships with other countries.
This power is significant because it allows the president to shape the country’s foreign policy, make treaties, and represent the United States on the global stage.
Electoral College
The Electoral College is the system used to elect the U.S. President. It is made up of 538 electors who represent each state. A candidate needs 270 electoral votes to win the presidency.
This system is significant because it gives smaller states a say in the election process, but it has led to situations where a candidate can win the presidency without winning the popular vote.
Possible Options to Replace the Electoral College:
A national popular vote or a proportional allocation of electors.
Solicitor General
The Solicitor General is a high-ranking legal officer who represents the United States in cases before the Supreme Court. They play a key role in advocating the government’s position.
It helps ensure that the government’s perspective is presented effectively in legal matters, especially before the nation’s highest court.
Justice Department Use of Amicus Briefs
The Justice Department, through the Solicitor General, often files amicus curiae (friend of the court) briefs in legal cases. These briefs provide additional information or arguments to the court.
It allows the government to provide its insights and expertise on legal issues, influencing court decisions.
State of the Union
The State of the Union is an annual address given by the President to Congress, outlining the administration’s agenda and the state of the country.
It serves as an opportunity for the President to communicate their priorities to the nation and Congress, shaping the legislative agenda.
Executive Order Defined
An executive order is a directive issued by the President that has the force of law. It is used to manage and implement government policies and programs.
They allow the President to take action without needing approval from Congress, often used in matters of policy or crisis.
Presidents’ Use of Executive Authority
Presidents use executive authority to carry out their duties and goals, making decisions and issuing executive orders to implement policies.
It enables the President to act decisively, especially when facing challenges or pursuing their policy agenda.
Vice President - Constitutional Powers & Other Powers
1) Constitutional Powers:
The Vice President’s constitutional powers are primarily limited to presiding over the Senate and casting tie-breaking votes, but they have no real legislative power.
2) Other Powers:
The Vice President often plays an advisory and support role to the President, participating in the administration and representing the U.S. at various events.
Factors Influencing the President’s Power to Persuade (Neustadt)
According to Neustadt, three factors influence a President’s power to persuade:
1) professional reputation,
2) public prestige,
3) legislative skills.
Going Public
Going public refers to a strategy used by Presidents to directly address the American people, often through speeches and media, to build public support for their policies and influence Congress.
It can help Presidents rally public opinion to pressure Congress into taking action on their agenda.
Impeachment/Removal Process
Impeachment is the process by which Congress can charge and put the President on trial for “high crimes and misdemeanors.” Removal from office requires a Senate trial and a two-thirds majority vote.
It provides a constitutional mechanism for holding the President accountable for actions that may violate their duties.
Pardon Power
The President has the power to grant pardons and clemency to individuals convicted of federal crimes. This authority allows the President to show mercy and grant forgiveness.
It gives the President the ability to correct perceived injustices in the criminal justice system and demonstrate compassion.
Tax Cuts and Jobs Act
The Tax Cuts and Jobs Act is a major tax reform law passed in 2017. It lowered tax rates, increased the standard deduction, and made significant changes to the tax code. It was signed into law by President Donald Trump.
Inflation Reduction Act
In 2022, President Biden signed this law which aims to limit inflation by reducing the budget deficit, lowering prescription medicine prices, and investing in energy production and promoting clean energy.
The Primary Roles of the Bureaucracy
1) Administrator
The bureaucracy serves as the “doers” of government. They manage and execute government programs and services.
It ensures that government programs and services are delivered efficiently and effectively to the people.
2) Rule Maker
Bureaucrats often make rules and regulations that help implement laws. For instance, they establish safety standards for food, which ensures that what we eat is safe. This role clarifies how laws are applied in real life, and it helps protect the public by setting standards for various industries.
3) Judge
Bureaucrats also act as judges in certain cases. They settle disputes and make decisions, like when people appeal decisions about their benefits, and the bureaucracy makes the final call.
This role provides a fair and impartial way to resolve conflicts and make sure that everyone is treated justly.
Bureaucratic Discretion in Rule-Making and Enforcement
Bureaucrats have some freedom to make decisions within the boundaries set by laws and regulations. They can adapt rules to fit specific situations or enforce them more or less strictly.
It shows how the bureaucracy can respond to the unique needs and circumstances of different cases while still following the law.
4 Characteristics of the Bureaucracy
1) Hierarchy:
Bureaucracies have a hierarchical structure, like a pyramid, with a clear chain of command. Decisions flow from top to bottom, ensuring organization and control.
2) Specialization:
Bureaucrats have specific jobs and expertise in their areas. For example, some are experts in health, others in transportation. This specialization ensures that the government functions effectively.
3) Rules:
Bureaucracies rely on rules and procedures to ensure consistent and fair decision-making. These rules help prevent favoritism and maintain accountability.
4) Merit:
Bureaucrats are typically hired and promoted based on their qualifications and performance. Merit-based hiring ensures that skilled individuals are in key roles. It promotes competence and prevents favoritism in the bureaucracy.
Cabinet Departments
1) Full list: Department of…
State
Treasury
Defense
Justice
Interior
Agriculture
Commerce
Labor
Health and Human Services
Housing and Urban Development
Transportation
Energy
Education
Veterans Affairs
Homeland Security
2) Largest # of employees:
Defense has the largest number of employees in the Cabinet. It’s responsible for national defense and military matters.
It reflects the immense scale of the U.S. military and the importance of national security.
3) Largest spending:
The Department of Health and Human Services (HHS) has the largest budget and spending among the Cabinet departments. It focuses on public health, welfare, and social services.
This significant funding demonstrates the government’s commitment to public health and social well-being.
4) Most recent Department added:
Department of Homeland Security (DHS), created after the 9/11 attacks. It’s responsible for domestic security, including immigration, border security, and disaster response.
The creation of DHS is significant because it shows how government structures adapt to address evolving security challenges in the modern world.
Largest Agency in the EOP
Office of Management and Budget (OMB).
Significance: OMB plays a crucial role in overseeing the federal budget, ensuring government resources are used efficiently.