Federal Courts
1. Describe the federal court system (i.e., all the in-class notes under that section).
The supreme court
Only one supreme court – created by the constitution
Appellate courts – rule on matters of law
Bench trials
Circuit court of Appeals
13 circuit courts – created by congress
Appellate courts – rule on matters of law
Bench trials
Contains 3 judges – need 2/3 judges
District Courts
94 district courts – created by congress (every state has at least 1)
Trial courts – try the facts of a case.
Jury trials
Cases start at district courts and then move up through circuit courts all the way to supreme depending on if a case is lost or not.
2. Describe the organization and membership of the Supreme Court. - Only one supreme court – created by the constitution - Appellate courts – rule on matters of law - Bench trials
3. Identify and describe the multiple steps in the appointment-confirmation process
1. President nominates a candidate based on competence and ideology.
2. Senate Judiciary Committee interviews candidate. (intimidating)
3. Senate Judiciary Committee votes for (or against) recommendation
4. Full senate votes (51/100) to confirm candidate
5. President appoints candidate to the bench.
4. Describe the petition stage (standing, ripeness, mootness, rule of four, writ of certiorari)
- A petition for a writ of certiorari (“cert”) (document for asking the court to review a lower court ruling)
- 4 of 9 justices must agree to grant “cert” to petitioner
-rules of access (threshold requirements) -petitioner must prove -Subject- the case involves a federal/constitutional issue - Standing- petitioner suffered the injury or wrong - Ripeness- the controversy is real and current - Mootness- the court can solve the controversy, if case is not moot.
5. Describe the merit stage (legal brief and oral argument)
- Legal briefs submitted -Brief- short summary of the facts, issues, and argument in a case - Petitioner and respondent submit separate briefs - Non-litigants may also submit amicus curiae
- Oral arguments - Petitioner and respondent want to discuss; - Precedents- standards/principles set in past cases that helps guide judges decisions in future, similar cases. -court usually adhere to: Stare decisis- the practice of judges obeying precedents when setting legal disputes.
??6. Describe the decision /opinion stage (precedents, stare decisis, the four types of opinions)
??7. Explain the importance of courts adhering to legal precedents.
Civil Liberties
8. Explain reasonable suspicion - Which is a set of facts or circumstances that raises questions of possible criminal conduct
9. Explain probable cause - A set of facts or circumstances that would lead a reasonable person to believe a crime has been committed.
10. Describe the original purpose of the Bill of Rights - To protect citizens from an abusive government.
11. Describe the importance of the 14th Amendment to the Bill of Rights (see quiz 3 article). -no state shall deprive a person of life, liberty, property. Essentially forcing states police officers to respect the bill of rights just as a federal officer must. Before this the state officers did not have to respect the bill of rights and illegally obtain evidence.
12. Explain the constitutional issue/ruling in Mapp v. Ohio - Mapp’s house was searched by state police officers without a warrant and illegal evidence was obtained through the search and she was convicted for that. She brought this to the Supreme Court under the idea that the chargers and evidence should be inadmissible because it was attained without a warrant. The thing is that the 4th amendment didn’t apply to state officers yet. The ruling was that the 4th amendment should apply to state officers as it does to federal officers. “No state shall deprive a person of life, liberty, or property”
13. Explain the constitutional issue/ruling in Weeks v.Unites States (see the Mapp case) - ruled that federal officers had to obtain evidence legally and respect the 4th amendment. But didn’t say anything about state officers. And state officers could therefor obtain evidence illegally and give it to the fed’s and the feds could use it.
14. Explain the constitutional issue/ruling in New Jersey v. T.L.O - TLO was searched in school without probable cause and wanted the evidence tossed out because it was obtained on reasonable suspicion not with probable cause. However the court ruled that schools administrators and teachers can search student’s purses, lockers, book bags, and other things with only reasonable suspicion. On top of that the court said schools should operate under the principle of loco parentis (in place of parent). And respect “legitimate expectations of privacy”
15. Explain the constitutional issue/ruling in Bethel School District v. Fraser - A student made sexual gestures while giving a speech at an assembly and was suspended for it. He argued that this was violating his 1st amendment freedom of speech. The Supreme Court said that it should be up to school board to decide was is appropriate behavior in the classroom and in assembly’s.
16. Explain the constitutional issue/ruling in Tinker v. Des Moines (see Bethel case) - “students do not shed their constitution rights to from of speech or expression at the schoolhouse gate”. Schools cannot prohibit students from expressing their political views.
17. Explain the constitutional issue and ruling in Miranda v. Arizona - Ernesto Miranda was arrested and forced to confess guilt to his the alleged charge of kidnapping and rape. The court ruled in his favor. And ruled that when police officer conduct a custodial interrogation they must warn someone of their constitutional rights before beginning interrogation. Hence “Miranda Rights”. So someone about to undergo a custodial interrogation must be told that they “have a right to remain silent, anything you do or say can and will be held against you in the court of law. You have to right to the presence of an attorney. If you cannot afford one, one will be appointed to you if you so desire” etc.
18. Explain constitutional issue and ruling in Gideon v. Wainwright - Gideon was charged with a petty thief crime and asked for an appointed attorney by the state because he could not afford one and the judge said no, because Florida law only mandated that for capitol crimes. The Supreme Court ruled in favor of Gideon. “Lawyers in criminal cases are necessities, not luxuries”. So now its federal law that anyone can be appointed an attorney if they cannot afford one.
19. Explain the constitutional issue and ruling in Betts v. Brady (see Gideon case) - The right to an attorney and right to fair treatment did not carry over into states. So Betts was not appointed an attorney. However the Gideon ruling came after this and overruled it.
Comprehensive Part
Study Guide 1
20. Define the following terms:
Public good: Something that individuals of a group cannot attain by themselves (non-excludable, non-exhaustible, national defense, knowledge, prosperity)
Collective Action: Members of a group may have little incentive to contribute to the production of a public good, choosing instead to free ride
Politics: decisions about leadership, public goods, and ultimately the goals of government—hence power.
Power: Ability of individual ‘A’ to get individual ‘B’ to do what ‘A’ wants
21. Describe the principle of separation of powers. - the constitutions delegation of authority for the primary governing functions among three branches of government so that no one group of gov’t officials controls all the governing functions.
22. Describe the principle checks and balances. - The mechanisms by which each branch of gov’t can monitor and limit the functions of other branches.
23. Describe the Connecticut (Great) Compromise. - at the constitutional convention, the compromise between the Virginia plan and new jersey plan that created the bicameral legislature with one chambers representation based on population and the other chamber having two members for each state.
??24. Identify and explain the four reserved powers (or police powers) of state governments. -Safety -Health -Tax- -
25. Describe vertical federalism
A division of powers and responsibilities between two levels of government ex: consider exclusive federal and state powers.
26. Describe horizontal federalism
Lower levels of government (or states) can pass laws that reflect their own values/beliefs ex: tax laws, gun laws, alcohol laws to on Sundays “certain time” , marijuana, gay marriage
27. Explain dual federalism (“layer-cake” federalism)
Powers / responsibilities between the national & state governments are strictly divided
28. Explain cooperative federalism (“marble-cake” federalism)
National government increasing its role in economic and social policy areas
29. Describe a categorical grant
Federal money given to states for a specific purpose (school lunches, bridges, highways etc)
30. Explain new federalism (or “devolution”)
National government narrowing the use of its “tax and spend” power
31. Describe a block grant Federal money given to states for a general purpose (education, welfare, crime control) 2 Study Guide 2
32. Describe the four steps to how public opinion polls are conducted today. Be sure to identify the most important step of the four.
Word of mouth, Surveys, Door to door, Face to face (most important—voters get a better feel about the running candidate and higher rating voting turn out)
33. Describe the economic approach to explaining political knowledge and public opinion. Describe the cost-benefit theory.
Explains that people are rational actors. As utility maximizes, people act when benefits exceed costs. Ex: Cost –Time, energy, money. Benefit--- picking up knowledge, engaged, incentives What are the costs of acquiring political information?
There are substantial costs to acquiring political information
What are heuristics (or cognitive shortcuts); what role do they play in political decisions
To lower cost, people make choices using Heuristics Ex: party cues, cues from trusted groups or individuals, past experiences
34. Describe the psychological approach to explaining political knowledge and public opinion.
What does the online model suggest about the basis of people’s opinions (i.e., how people process information and make decisions)? ---Opinions depend on a running tally of positive and negative emotions in a given political object
What does the memory-based model suggest about the basis of people’s opinions (i.e., how people process information and make decisions)?
---Opinions depend on accesitive info (what people can recall at a given moment.
What does framing suggest about the basis of people’s opinions (i.e., how people process information and make decisions)?
-----Opinions depend on the wording or context of a political message.
35. Identify and explain the overall findings in knowledge-opinion research.
*Begins at home at a very early age in childhood, we learn a lot about race, gender, political ideology and beliefs at an early age.
What has research found when it comes to people’s factual political knowledge?
Most people lack factual political knowledge and information.
What has research found about the information on which people base their opinions?
Most people make decisions with low political information.
Who among citizens are the most/least influenced when receiving new information, whether it comes from the media, a party, candidate, or leader. Independents are most influenced when receiving new information whether it comes from either or. Democrats/Republics are least influenced by new information.
Study Guide 3
36. Describe the differences between interest groups and political parties
Interest Groups
-Seek control over policy by influencing elected officials
-Speak for a small portion of citizens
-Focus on few issues
-Collective action to achieve goals
Political Parties
-Seek control over policy by getting members elected
-Speak for a broad array of group of citizens
-Focus on many issues, for those group of interest group
-Collective action is to achieve goals
37. Identify and describe the functions of interest groups
Educate the public about policy issues, Provide cues to voters to help them make decisions, Mobilize citizens and get them to participate in politics.
38. Describe rational choice theory and the free rider problem
Rational choice theory- The offering of membership goodies helps solve the “free rider problems”
“free riders” are nonmembers who benefit from a group’s collective efforts, but do not contribute or participate in the effort
39. Identify and describe the four functions of political parties
A) Unify the electorate by addressing broad concerns B) Organize government to pass national laws, C) Provide loyal opposition, D) Provide important cues to voters
40. Describe the partisan differences between Democrats and Republicans.
Democrats: a) smaller role for state government b) environmental protection c) pro-choice on abortion d) gay rights
Republics: a) larger role for state government b) less economic regulation c) pro-life on abortion d) traditional moral values
41. Identify and describe the four characteristics of a new party system.
-Intense party completion and party polarization
-Unified Government – when one political party controls president, senate and house of reps
-Ticket-Splitting- citizens vote for candidates from more than one party
-Dealignment- Increase in number of self-identified independents
??42. Identify the factors (predictors) that help explain “who participates” in elections
43. Explain the relationship between socioeconomic status and voter turnout.
Higher education, more skills, and greater gratification (that helps you gather information and interpret abstract ideas)
Higher income, more resources, and greater stake in participation (you have more time and money to invest in politics)
Higher job status, more political exposure (co-workers likely to be politically engaged)
44. Identify and explain the three ideas about how voters make decisions
A) Prospective Evaluation (inference of the future) a) Voters choose party/candidate whose policy positions represent their views
B) Retrospective Evaluation (reflection of the past) a) Voters make decisions of past actions of the incumbent party. b) Relative to the individual you ask
C) Party competition on salient issues a) Voters rely on their party identification when making their decisions
45. Identify and explain the different reasons for so many nonvoters in U.S. elections.
A) Lack of efficacy (trust in government)
B) Registration of structure- registration requirements and timing
C) Rational Abstention Theory- Citizens are rational and weigh the costs of voting against the benifits
Study Guide 4
46. Explain the president’s military (or War) powers
including the major purpose and key features of the War Powers Act of 1973
-Commander and chief- as the top military officer, the president is responsible for national security.
- War Power Act- congress limited the president’s military powers - Give 48 hour notification before deploying troops - get congressing approval within 60 days of deployment - pulls troops from combat status within 30 days, if congress disapproves.
47. Explain the president’s executive powers, including the implied power, executive order.
Take Care of enforcing national laws (expressed)
Make appointments (expressed)
-Amabassors, cabinet members, federal judges. White house staff (no senate approval) - Executive Order (implied) - similar to laws but do not require bills to be passed by congress.
What role do approval ratings play in presidential decisions to veto bills, or in their decision to issue executive orders? (i.e., when are presidents more/less likely to veto bills or issue executive orders?) -presidents are more likely to take advantage of these when they have high approval ratings and an unsupportive congress.
48. Explain the president’s judicial power
-. Grant pardons and reprieves, federal crimes only (expressed) -Pardon- removes guilt and conviction -Reprieve- reduces the severity of a sentence -no check on presidential pardons or reprieves
49. Explain the president’s diplomatic powers, including the implied power, executive agreement. - Make treaties (expressed)
-pass executive agreements (implied) – similar to treaties but don’t require senate approval. Remain in force at least until president who negotiated with them leaves office.
50. Explain the president’s “legislative” powers, including the implied power, executive privilege. - Veto power (expressed) - Executive Privilege (implied)
Based on the Supreme Court decision in U.S. v. Nixon, when can (or cannot) the president use executive privilege?
When it can be used to help solve a crime.
51. Identify and explain three other sources of presidential power.
1. “Bully pulpit” – a tool that presidents use to communicate policy positions or justify decisions. (presidential address)
2. High approval rating – presidents more likely to pass executive orders or go public (make public appeals) when facing an unsupportive congress.
-these (bully pulpit uses, Executive orders) are more likely to happen when the president has a high approval rating and an unsupportive congress
3. Ability to persuade – presidential persuasiveness depends on public prestige and reputation.
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