Poli - exam 2 (chapters 6, 8, 9, 10, 14) Flashcards

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1
Q

Native American Reservations - semi-soverign

A

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.

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2
Q

Use of Boarding Schools for Native American Children (& percent attended by 1926)

A

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.

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3
Q

Cesar Chavez and Dolores Huerta

A

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.

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4
Q

Legal Classifications for Equal Protection

A

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.

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5
Q

Dred Scott v. Sanford

A

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.

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6
Q

Juneteenth

A

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.

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7
Q

Plessy v. Ferguson and Brown v. Board of Education

A

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.

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8
Q

De Jure vs. De Facto Discrimination

A

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.

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9
Q

Chinese Exclusion Act and 1965 Immigration and Nationality Act

A

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.

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10
Q

Presidential Powers in the Constitution

A

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.

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11
Q

Electoral College

A

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.

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12
Q

Solicitor General

A

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.

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13
Q

Justice Department Use of Amicus Briefs

A

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.

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14
Q

State of the Union

A

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.

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15
Q

Executive Order Defined

A

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.

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16
Q

Presidents’ Use of Executive Authority

A

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.

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17
Q

Vice President - Constitutional Powers & Other Powers

A

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.

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18
Q

Factors Influencing the President’s Power to Persuade (Neustadt)

A

According to Neustadt, three factors influence a President’s power to persuade:
1) professional reputation,
2) public prestige,
3) legislative skills.

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19
Q

Going Public

A

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.

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20
Q

Impeachment/Removal Process

A

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.

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21
Q

Pardon Power

A

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.

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22
Q

Tax Cuts and Jobs Act

A

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.

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23
Q

Inflation Reduction Act

A

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.

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24
Q

The Primary Roles of the Bureaucracy

A

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.

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25
Q

Bureaucratic Discretion in Rule-Making and Enforcement

A

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.

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26
Q

4 Characteristics of the Bureaucracy

A

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.

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27
Q

Cabinet Departments

A

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.

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28
Q

Largest Agency in the EOP

A

Office of Management and Budget (OMB).

Significance: OMB plays a crucial role in overseeing the federal budget, ensuring government resources are used efficiently.

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29
Q

Neutral Competence

A

Neutral competence means that bureaucrats are appointed and promoted based on their expertise and merit rather than political considerations.

30
Q

Spoils System

A

The spoils system, also known as patronage, is the practice of awarding government jobs to political supporters and allies.
It can lead to unqualified individuals in government positions and create a lack of efficiency.

30
Q

Patronage

A

Patronage involves rewarding political supporters with government jobs or benefits.
It can affect the fairness and efficiency of government appointments and services.

30
Q

Largest Independent Agency

A

The Social Security Administration (SSA).
Significance: It manages crucial programs like Social Security and disability benefits for millions of Americans.

31
Q

Influence of Politics in Independent Agencies vs. Cabinet Departments

A

Independent agencies often have a higher degree of insulation from political pressures compared to Cabinet departments, which are more directly influenced by politics.

32
Q

Independent Agencies – Staggered Terms (Why They Do This)

A

Staggered terms are used for certain federal positions to ensure that the government doesn’t undergo a complete turnover with each new administration. For example, Federal Reserve Board members have staggered terms.

This provides stability and continuity in government, preventing sudden, sweeping changes with every election.

33
Q

Pendleton Act

A

The Pendleton Act, also known as the Civil Service Act of 1883, established the modern civil service system in the United States, moving away from the spoils system.
It introduced a merit-based system for government employment.

34
Q

Aspects of the Civil Service from the Pendleton Act

A

The Pendleton Act introduced four key aspects to the civil service: competitive examinations, the principle of “merit and fitness,” the creation of the Civil Service Commission, and the prohibition of political assessments.

They ensure that civil service jobs are awarded based on qualifications and performance rather than political favoritism.

35
Q

Ways the President Can Shape the Bureaucracy

A

1) Appointments: The President can appoint individuals to key positions within the bureaucracy, such as heads of departments and agencies.

2) Budget Recommendations: The President can influence the bureaucracy through budget recommendations, suggesting how much funding should be allocated to different agencies and programs.

3) Rulemaking: The President can shape the bureaucracy by directing agencies to establish specific rules and regulations, which can have a significant impact on government policy.

36
Q

Iron Triangle vs. Issue Network

A

Iron Triangle: In an iron triangle, government agencies, congressional committees, and interest groups work closely together to shape policies and protect their interests.

Issue Network: An issue network is a more open and flexible system where a broader array of actors, including think tanks and advocacy groups, participate in the policy-making process.

37
Q

Police Patrol vs. Fire Alarm Oversight

A

Police patrol oversight involves active, continuous monitoring and investigation of bureaucratic behavior.

Fire alarm oversight relies on citizens or interest groups to alert authorities to potential problems or abuses in the bureaucracy.

38
Q

5 government programs/specific areas that account for the vast majority of government spending

A

1) Social Security: Critical program that provides financial support to retired and disabled individuals and their families.

2) Medicare: The government’s healthcare program for seniors, covering medical expenses such as hospital stays and doctor visits.

3) Medicaid: Offers healthcare coverage to low-income individuals and families, including children, pregnant women, and those with disabilities.

4) Defense: The Department of Defense is responsible for national security, including the armed forces, military operations, and defense-related expenses.

5) Interest on the National Debt: The government must pay interest on the national debt, which accumulates from borrowing money to cover budget deficits and fund various programs.

39
Q

Discretionary Spending (what it is, and what makes up the largest chunk of spending?)

A

What is it: Discretionary spending is the portion of the federal budget that the government can adjust each year through the appropriations process. It includes spending on defense, education, and many other government programs.

Largest Chunk: The largest chunk of discretionary spending is typically allocated to the Department of Defense, covering national security needs.

40
Q

Mandatory Spending & why it’s hard to reduce

A

What is it: Mandatory spending is spending that is automatically allocated by law and not subject to annual appropriations. Key programs in this category include Social Security, Medicare, and Medicaid.

Hard to reduce because these programs are governed by entitlement laws, making it difficult to make significant changes without impacting individuals who rely on them. Additionally, the aging population and rising healthcare costs contribute to the challenges of controlling mandatory spending.

41
Q

Government Corporations – examples and purpose

A

Examples of government corporations include the United States Postal Service (USPS) and Amtrak, the national passenger railroad service.

Purpose: Government corporations are created to provide specific services to the public in a more business-like manner while still being government-owned. They aim to meet the needs of the public in areas such as mail delivery and transportation.

42
Q

15th Amendment

A

Ratified in 1870, it prohibits the denial of voting rights on the basis of race, color, or previous condition of servitude.

It aimed to grant voting rights to African American men and address racial discrimination in voting, though challenges persisted.

43
Q

19th Amendment

A

Ratified in 1920, it granted women the right to vote in the United States.

It expanded suffrage to include women, marking a milestone in the fight for gender equality.

44
Q

26th Amendment

A

Ratified in 1971, it lowered the voting age from 21 to 18, giving 18-year-olds the right to vote.

It recognized that young adults who could be drafted to fight in the Vietnam War should also have the right to vote in elections.

45
Q

Voter Turnout in the U.S. - Midterm vs. Presidential vs. State vs. Local Elections

A

Presidential elections typically see higher turnout than midterm elections, while state and local elections may have even lower turnout.

46
Q

Voter turnout: 2018/2020 Elections in the U.S.

A

In the 2018 midterm elections, voter turnout was higher than typical midterms, reaching around 50%.

In the 2020 presidential election, voter turnout was historically high, with over 66% of eligible voters participating. (Because voters felt so strongly about Trump – either really wanting him to continue as President, or really NOT wanting him to continue as President).

47
Q

Voter Turnout in the U.S. vs. Other Nations

A

Voter turnout in the U.S. is often lower compared to some other democratic nations.

This is due to various factors, including voter registration laws, voting procedures, and the frequency of elections.

48
Q

Demographics with the Highest Turnout Levels

A

Older individuals, often over the age of 65, have consistently high turnout. Also, voters with higher income and higher education (at least a college degree) have higher turnouts for voting.

Race/ethnicity also affects turnout: White voters have the highest turn out, followed by Black. Latino and Asian American voters have lower turnout levels, influenced by various factors including language barriers, legal status, and voter registration issues.

49
Q

Methods to Increase Voter Turnout

A

1) Registration at the DMV (Motor Voter): In some states, when people go to get their driver’s license at the Department of Motor Vehicles (DMV), they can also register to vote. This makes it easier for more people to become voters.

2) Mail-in Ballots: Some states let you vote by mail instead of going to a polling place in person. This can make it more convenient for people who can’t get to the polls on Election Day.

3) Same Day Registration: In a few places, you can register to vote and vote on the same day. This helps people who might have missed the registration deadline.

4) Online Registration: You can register to vote online in many states. It’s a way to make the registration process easier and more accessible.

5) Early Voting: Some states allow you to vote in the days leading up to Election Day. It’s like having extra days to vote, so people can choose a time that works for them.

50
Q

Retrospective Voting and Prospective Voting

A

Retrospective voting is when people vote based on a candidate’s past performance and the current state of the country. Prospective voting, on the other hand, is when voters choose candidates based on their promises and future plans.

51
Q

Single Largest Predictor of Vote Choice

A

The single largest predictor of a person’s vote choice is often their political party affiliation (i.e., people vote for their party’s candidate – Democrat or Republican).

52
Q

Midterm Loss for President’s Party

A

Midterm elections happen in the middle of a President’s term, and sometimes they result in the president’s party losing seats in Congress. This usually is due to the voters not being happy with the President’s performance, and it makes it harder for the President to get things accomplished with Congress.

53
Q

Political efficacy

A

Political efficacy measures a person’s belief in their ability to make a difference in government through political participation.

If you have high political efficacy, you believe that when you vote, join discussions, or get involved in politics, your actions can really help shape your government.

But some folks might feel low political efficacy, thinking that no matter what they do, the government won’t listen to them.

54
Q

Open vs. Closed Primary vs. Caucus

A

Primaries and caucuses are methods for selecting party candidates.

An open primary allows voters to choose any party’s ballot, while a closed primary requires voters to choose their registered party’s ballot.

A caucus involves local meetings where voters express their candidate preferences.

55
Q

Impact of Presidential Debates on Election Outcomes

A

Presidential debates are critical events in election campaigns, as they provide candidates a platform to present their views to a broad audience. They can influence public opinion and potentially sway election outcomes.

Examples: In the 1960 debate, many say that John F. Kennedy’s performance on TV helped him win the election. In 1980, Ronald Reagan’s strong debate showing boosted his popularity and contributed to his victory. Additionally, the 2012 debates between Barack Obama and Mitt Romney caused some voters to change their support based on the debates.

56
Q

National Party Convention

A

National party conventions are gatherings where political parties formally nominate their presidential candidates. They also adopt party platforms and serve as opportunities for party unity and engagement.

57
Q

Types of Law - Criminal and Civil Law

A

There are two main types of law - criminal and civil. Criminal law is about rules and punishments for crimes, like stealing. Civil law, on the other hand, is about disputes between people or companies, such as disagreements over contracts or property.

Understanding the difference between criminal and civil law is significant because it helps us know when someone might go to jail or just pay money. It’s a key part of how the courts decide cases.

58
Q

Types of Law - Constitutional, Statutory, Administrative, and Executive Orders

A

Constitutional law is about the rules written in the country’s main rule book, the Constitution.

Statutory law comes from laws passed by the government.

Administrative law deals with rules made by government agencies.

And then there are executive orders, which are like special rules made by the president.

59
Q

Judicial review

A

The power of courts to review and decide if laws follow the rules in the Constitution.

60
Q

Original jurisdiction vs. appellate jurisdiction

A

Original jurisdiction is when a court first hears a case.

Appellate jurisdiction is when a higher court reviews a case after it’s been decided.

61
Q

Federal courts: 3 tiers

A

Imagine the federal courts like a big three-story building. The bottom floor is made up of the District Courts, where most federal cases begin. They’re like the entry point.

The middle floor has the Courts of Appeals, where people go if they don’t agree with what happened in the District Courts. It’s like the “let’s take a second look” floor.

Finally, there’s the top floor, the Supreme Court. It’s the highest court in the land and deals with the most important cases. It’s where the ultimate decisions are made.

62
Q

Courts: How Are The Courts Distributed Across the US

A

The federal courts are spread out across the country, so it’s fair for everyone.

There are 94 District Courts, at least one in every state.

There are 13 Courts of Appeals, with each covering multiple states.

And the Supreme Court is in Washington, D.C., the capital of the nation. This way, everyone can access the federal courts without traveling too far.

63
Q

Selection of Judges - U.S. Supreme Court

A

Judges for the U.S. Supreme Court are chosen in a special way. The President of the United States picks a nominee, and the nominee has to be approved by the U.S. Senate. It’s like a big decision that involves the President and a group of Senators.

64
Q

Selection of Judges - State Supreme Courts: Virginia’s Approach

A

In Virginia, they use the “merit system,” which is also called the Missouri Plan.

This means a group of experts looks at potential judges and suggests names to the Governor. The Governor then picks from those suggestions. It’s like having a team of judges pick other judges based on their skills and experience.

65
Q

Selection of Judges - State Supreme Courts options

A

1) Partisan Elections

In some places, judges are chosen in elections, just like when people vote for their leaders. But in partisan elections, judges have to be members of a political party, like Republicans or Democrats. It’s a bit like a race where everyone wears their team’s colors.

2) Nonpartisan Elections

In nonpartisan elections, judges don’t have to belong to a political party. It’s more like a race where people don’t wear any team colors. The idea is to make sure judges are fair and not influenced by politics.

3) Appointment by Governor

Sometimes, the Governor of a state gets to pick judges. It’s like the Governor saying, “You should be a judge!” This way, judges are chosen by a single leader.

4) Appointment by Legislature

In some places, the group of people who make the laws, called the legislature, choose the judges. They decide who would be a good judge. It’s like the lawmakers giving a big thumbs-up.

5) Merit System (Missouri Plan)

The merit system, also known as the Missouri Plan, uses a team of experts to find potential judges. They recommend names to the Governor, who makes the final decision. It’s like having a group of experts say, “These folks would make great judges!” This way, judges are picked based on their skills and not politics.

66
Q

U.S. Supreme Court Case Selection Process

A

Picking cases for the U.S. Supreme Court is like making a special menu. There are thousands of cases, but the Court only selects a few. They often choose cases involving big questions about the Constitution or when lower courts disagree. It’s like they’re selecting the most important puzzles to solve.

67
Q

Judicial activism vs. restraint

A

Judges in the U.S. Supreme Court can be like two groups: the activists and the restraint folks.

Activist judges like to change laws and are more like “let’s make things happen.”

Restraint judges are cautious and prefer not to change things, like “let’s not shake things up too much.”

68
Q

Judicial Interpretation Methods - Strict Constructionist vs. Judicial Interpretivist

A

Some judges are like detectives trying to understand the exact words of the Constitution. They are strict constructionists.

Others like to use the Constitution’s words as a guide, but they also think about the world today. They’re judicial interpretivists.

It’s like reading a rule book and deciding if you stick to the words or think about what’s happening now.

69
Q

Miranda v. Arizona as an Example of Fed/State Court Systems

A

Miranda v. Arizona is like a famous story that happened in the courts.

It involved a person named Miranda who was arrested. The U.S. Supreme Court decided that people should be told their rights when they’re arrested, like the right to remain silent. It’s like a rule that everyone should follow in both federal and state courts, to make sure people’s rights are protected.

70
Q

Changes in U.S. Supreme Court Composition (under Obama, Trump, Biden)

A

Over the years, the U.S. Supreme Court has seen some changes. During the Obama years, two new justices joined the Court, Elena Kagan and Sonia Sotomayor – nominated by a Democrat president.

Then Trump (a Republican) appointed years, three more justices - Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. This tipped the balance of power in the Supreme Court, making it more conservative with more Republicans. (This led to their ability to overturn Roe vs. Wade, which never happened in 50 years)

And in the Biden years, Stephen Breyer, a Democratic-appointed justice, retired. President Biden (a Democrat) nominated Ketanji Brown Jackson (a Black woman) to replace him, trying to keep a balance on the Court.