POSC 100 final

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1
Civil Rights
the rights of citizens to political and social freedom and equality.
2
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination


3
Plessy v. Ferguson
(1896) The Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendemnt) provide that blacks received accommodations equal to those of whites.


4
Brown v. Board of Education
1954 case that overturned Separate but Equal standard of discrimination in education.


5
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin


6
Voting Rights Act of 1965
prohibits racial discrimination in voting
7
Affirmative Action (hard vs. soft)
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

soft: avoids explicit distinctions along racial lines

hard: calls for preferencing members of disadvantaged groups in order to increase representation and correct for past discrimination
8
UC Regents v. Bakke
Took away the quota system of accepting minorities, but schools can take race into account.


9
Gratz v. Bollinger (undergraduate)
Struck down use of "bonus points" for race in undergrad admissions at University of Michigan.


10
Grutter v. Bollinger (law school)
Allowed the use of race as a general factor in law school admissions at University of Michigan


11
The "problem" of the presidency
Leadership;
How can the president fulfill his many responsibilities and meet high expectations when he has limited powers, few resources and operates in a context of high constraints?
12
Vetos
Line item: can veto specific parts of the bill while letting the rest pass

Pocket: not signing the bill before the end of the legislative session.
13
War Powers Act
Act that grants emergency executive powers to president to run war effort


14
Executive Order
a rule or order issued by the president to an executive branch of the government and having the force of law.


15
Deffered Action for Childhood Arrivals (DACA)
grants a two-year period of deferred action from deportation and eligibility for a work permit to undocumented immigrants who arrived as children


16
Executive privilege
The power to keep executive communications confidential, especially if they relate to national security.


17
Congressional-executive agreements
A formal agreement between the U.S. president and the leaders of other nations that requires approval by both houses of Congress


18
Sole executive agreements
an international agreement that is not a treaty and that is negotiated and approved by the president acting alone


19
The Joint Comprehensive Plan of Action/Iran Nuclear Deal
- 2015
- Iranian nuclear deal w/ US
- Sanctions = lifted
20
Paris Climate Accords
An agreement within the United Nations to deal with greenhouse gas emissions mitigation, adaptation, and finance starting in the year 2020


21
Pardons and commutations
A pardon is a government decision to allow a person who has been convicted of a crime to be free and absolved of that conviction, as if they were never convicted

Commutations- executive lowering of the penalty
22
Appointment power of the president
President appoints ambassadors, federal judges and officers of the United States


23
Nuclear option
congressional maneuvers that could be used in the U.S. Senate that would require only a majority vote for approval rather than a super-majority


24
McConnell Rule
Supreme Court nominees are not allowed hearings in an election year
25
Signing statements
occasional written comments attached to a bill signed by the president


26
National Emergencies Act of 1976
requires presidents to tell Congress when they plan to declare a national emergency.


27
Unitary executive
the President of the United States possesses the power to control the entire federal executive branch.
28
Office of Management and Budget
An office that prepares the president's budget and also advises presidents on proposals from departments and agencies and helps review their proposed regulations.


29
Impeachment
Charges against a president approved by a majority of the House of Representatives


30
"Honeymoon" period
the time following an election when a president's popularity is high and congressional relations are likely to be productive


31
Rally around the flag effect
Surge of public support for the president in times of international crisis.


32
Presidential strategies
going through congress:

going around congress:

going over congress:

going under congress:
33
The "problem" of congress
Coordination;

How to fulfill your Constitutional responsibility to make national policy, oversee the executive and represent your constituents when the structure of the institution fragments power and creates the motivation to focus on local constituents – not national concerns.
34
Executive oversight
the president can review, monitor, and supervise federal agencies, programs, and policy implementation


35
Constituent service and casework
A form of retail politics in which members of Congress help people deal with the government on an individual level.


36
Federal budget
Mandatory spending: mandated by existing laws. This type of spending includes funding for entitlement programs like Medicare and Social Security

discretionary spending: money formally approved by Congress and the President during the appropriations process each year. Generally, Congress allocates over half of the discretionary budget towards national defense and the rest to fund the administration of other agencies and programs
37
Pork Barrel legislation
legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return


38
Hastert rule
Republicans will not allow the House to vote on a bill unless it has the support of a majority of the Republican caucus


39
Filibuster
A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate


40
Cloture
A procedure for terminating debate, especially filibusters, in the Senate.


41
Incumbent
An officeholder who is seeking reelection.


42
Standing committee
A permanent committee established in a legislature, usually focusing on a policy area


43
Select committees
committee appointed to perform a special function that is beyond the authority or capacity of a standing committee
44
Conference committee
composed of senior members of the standing committees of each house that originally considered the legislation
45
Individual rationality produces collective irrationality in Congress
If everyone was rational, they would never vote on anything. Therefore, in order to win their vote they need an irrational compromise to get a majority vote.
46
Status quo bias in congress
The current system of government is stacked to favor the status quo, prevent policy changes, because proponents of legislation have to win a sequence of victories.


47
Gerrymandering
the drawing of legislative district boundaries to benefit a party, group, or incumbent


48
Majority minority districts
In the context of determining representative districts, the process by which a majority of the population is from the minority.


49
The "problem" of the judiciary
Legitimacy;

How can you retain your legitimacy – which is your primary resource – when you make and shape policy undemocratically on important areas in a democratic society?

50
Original jurisdiction
the authority to hear cases for the first time


51
Writ of certiorari
This is a request that the Supreme Court order a lower court to send up the record of the case for review.
52
Amicus curiae
referencing a person or group who is not a party to an action, but has a strong interest in the matter.
53
Stare decisis
Let the decision stand; decisions are based on precedents from previous cases


54
Judicial Review
The power of the courts to declare laws unconstitutional


55
Statutory interpretation
the process by which courts interpret and apply legislation


56
Marbury v. Madison
Established judicial review


57
Judicial activism
An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)


58
Judicial restraint
a theory of judicial interpretation that encourages judges to limit the exercise of their own power


59
Federalist #78 ("least dangerous" branch)
The Court is the "least dangerous branch"- Controls neither purse nor sword; reactive government not active. they can't go out of their way to do anything since they only do something when its brought to them
60
Chevron USA Inc v. Natural Resources Defence Council Inc (Chevron deference)
set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers.
61
Dobbs v. Jackson Women's Health Organizatoin
overturned roe v wade


62
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy


63
Casey v. Planned Parenthood
Discarded three trimesters of row and focused on the viability of the fetus as the determining point where a state's interest in unborn life


64
Essay 1:
In Federalist #78, Alexander Hamilton claimed that the Judiciary is "the least dangerous" of the branches. Was he correct on making this statement? Why? In your answer be sure to discuss the supreme courts decision in Marbury v. Madison and all of the powers the judiciary does and does not have. Discuss how the concepts of Judicial Activism and Judicial restraint may expand or contract the power of the courts
Unlike the legislative branch, which can pass bills and the executive branch, which can implement them, the Judiciary is limited to interpreting the laws and Constitution and applying them to specific cases.

judicial review, as established by the Supreme Court in the landmark case of Marbury v. Madison. In this case, the Court ruled that it has the power to declare laws and actions of the other branches unconstitutional

Despite these limitations on its power, the Judiciary is still an important and influential branch of government. It plays a crucial role in interpreting the laws and Constitution and ensuring that they are applied consistently and fairly
65
Essay 2:
Every president eventually discovers that the institution of the presidency is weaker than they originally thought and that specific strategies must be employed to get anything done. Discuss why the institution of the presidency is weak and what strategies presidents might employ in an attempt to accomplish their goals. Specifically, write an essay that details at least four of the presidents limited powers, three of the resources the president can draw on in accomplishing his or her goals and two constraints imposed on other branches.
4 limited powers:
- needs congress approval to declare war
- needs congress approval to pass laws
- cannot overturn supreme court decision
- cannot grant pardons for state crimes, only federal

3 resourcess to accomplish goals:
- has access to advisers and staff
- can influence members of legislature to support their own agenda
- executive orders

2 constraints:
- veto legislature by congress
- make appointments such as supreme court
66
EC: What was professor's last book name
Politics of the Pill
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