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27. W HY IS THE NECESSARY AND PROPER CALLED THE " ELASTIC CLAUSE "? 28. W HAT WAS THE PRECEDENT SET IN THE S UPREME C OURT CASE M C C.

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Presentation on theme: "27. W HY IS THE NECESSARY AND PROPER CALLED THE " ELASTIC CLAUSE "? 28. W HAT WAS THE PRECEDENT SET IN THE S UPREME C OURT CASE M C C."— Presentation transcript:

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10 27. W HY IS THE NECESSARY AND PROPER CALLED THE " ELASTIC CLAUSE "? 28. W HAT WAS THE PRECEDENT SET IN THE S UPREME C OURT CASE M C C OLLOUGH V. M ARYLAND ? 29. G IBBONS V. O GDEN, INTERPRETED THE C OMMERCE CLAUSE OF THE U.S. INTERPRETING THE WORD COMMERCE BROADLY TO INCLUDE VIRTUALLY EVERY FORM OF COMMERCIAL ACTIVITY. G AVE NATION MORE POWER 30. W HY IS COOPERATIVE FEDERALISM REFERRED TO MARBLE CAKE FEDERALISM ( SEE PREV. PICTURE ). HOME, EXAMPLE OF HOW THE U.S. HAS BECOME MORE COOPERATIVE. 32. F ISCAL F EDERALISM - I T IS THE NAME GIVEN TO A SYSTEM OF FINANCIAL TRANSFERS BETWEEN THE FEDERAL AND STATE AND LOCAL GOVERNMENTS TO PURSUE POLICY INITIATIVES.

11 33. C ARROT & S TICK METAPHOR - T HE " CARROT AND STICK " APPROACH ( ALSO " CARROT OR STICK APPROACH ") IS AN IDIOM THAT REFERS TO A POLICY OF OFFERING A COMBINATION OF REWARDS AND PUNISHMENT TO INDUCE BEHAVIOR. I T IS NAMED IN REFERENCE TO A CART DRIVER DANGLING A CARROT IN FRONT OF A MULE AND HOLDING A STICK BEHIND IT. T HE MULE WOULD MOVE TOWARDS THE CARROT BECAUSE IT WANTS THE REWARD OF FOOD, WHILE ALSO MOVING AWAY FROM THE STICK BEHIND IT, SINCE IT DOES NOT WANT THE PUNISHMENT OF PAIN, THUS DRAWING THE CART. 34.G RANT IN AID ( ADD TO REVIEW ) - MONEY PAID BY ONE LEVEL OF GOVERNMENT TO ANOTHER LEVEL TO BE SPENT FOR A GIVEN PURPOSE. C ATEGORICAL G RANTS - TARGET SPECIFIC PURPOSES, AND RESTRICTION ON THEIR USE TYPICALLY LEAVE THE RECIPIENT GOVERNMENT RELATIVELY LITTLE FORMAL DISCRETION. F ORMULA G RANTS - A C ATEGORICAL G RANT THAT IS DISTRIBUTED ACCORDING TO SPECIFIC SETS OF RULES OR FORMULAS THAT DEFINE WHO IS ELIGIBLE FOR THE GRANT AND HOW MUCH THE ELIGIBLE PERSON MAY RECEIVE. P ROJECT G RANTS - T HE MAJORITY OF GRANTS ; AWARDED ON THE BASIS OF COMPETITIVE APPLICATIONS SUBMITTED BY PROSPECTIVE RECIPIENTS TO PERFORM A SPECIFIC TASK OR FUNCTION. B LOCK G RANTS - O PPOSITE OF C ATEGORICAL G RANTS, G RANTS - IN - AID AWARDED FOR GENERAL, BROAD PURPOSES.

12 35. U NFUNDED M ANDATE - IMPOSING REQUIREMENTS WITHOUT PROVIDING THE FINANCIAL SUPPORT NEEDED TO SATISFY THEM. H OW DOES N O C HILD L EFT B EHIND EXEMPLIFY THE MEANING OF AN UNFUNDED MANDATE ? B ECAUSE STATES ARE REQUIRED TO FULFILL EXTENSIVE ACCOUNTABILITY REQUIREMENTS TO RECEIVE NCLB FUNDING, THEY HAVE ARGUED, UNSUCCESSFULLY, THAT NCLB IS AN " UNFUNDED MANDATE." F OR EXAMPLE, THE STATE OF C ONNECTICUT SUED THE FEDERAL GOVERNMENT IN 2005 FOR ALLEGEDLY REQUIRING THE STATE TO SPEND MILLIONS OF STATE DOLLARS ON ADDITIONAL NCLB TESTING. A FEDERAL JUDGE DISMISSED C ONNECTICUT ' S LAWSUIT ON JURISDICTIONAL GROUNDS, EFFECTIVELY ENDING THE STATE ' S CHALLENGE. H OWEVER, NCLB DOES NOT MANDATE THAT STATES PARTICIPATE IN THE PROGRAM. A LL REQUIREMENTS ARE A CONDITION OF FUNDS. W HILE A STATE MAY STRUGGLE FINANCIALLY WITHOUT FEDERAL EDUCATION FUNDING, IT COULD CHOOSE TO OPT OUT OF NCLB AND THE REQUIREMENTS IT INCLUDES. A S A RESULT, IT IS INACCURATE TO REFER TO NCLB AS AN " UNFUNDED MANDATE." T HE LAW ' S REQUIREMENTS ONLY APPLY TO THOSE STATES THAT VOLUNTARILY ELECT TO PARTICIPATE.

13 STATES THAT VOLUNTARILY ELECT TO PARTICIPATE. 36. D EVOLUTION - IDEA THAT AIMED TO PASS ON TO THE STATES MANY FEDERAL FUNCTIONS. R EAGAN, B USH, C LINTON ALL TRIED TO PUSH THIS THROUGH C ONGRESS FUNCTIONS OF POLITICAL PARTIES N OMINATING C ANDIDATES S TRUCTURING THE V OTING C HOICE - REDUCING THE NUMBER OF CANDIDATES ON THE BALLOT TO THOSE WHO HAVE A REALISTIC CHANCE OF WINNING. P ROPOSING A LTERNATIVE G OVERNMENT P ROGRAMS - GENERAL POLICIES THE CANDIDATES WILL CHOOSE IF THEY ARE ELECTED C OORDINATING THE A CTIONS OF G OVERNMENT O FFICIALS - H ELP BRIDGE THE GAP BETWEEN THE PRESIDENT AND THE LEADERS OF THE HOUSE AND SENATE ON POLICY MATTERS.

14 38. PARTISANSHIP - DIVIDED GOV ' T 39. R OLE OF THIRD PARTIES TO EXPRESS SOME VOTERS ' DISCONTENT WITH CHOICES OFFERED BY THE MAJOR PARTIES AND TO WORK FOR THEIR OWN OBJECTIVES WITHIN THE ELECTORAL SYSTEM. 40. H OW DOES THE A MERICAN POLITICAL SYSTEM LIMIT THRID PARTIES ? 41. H OW ARE THEY SPOILERS IN ELECTIONS. I.E. DEMOCRATS AGAINST L INCOLN. 42. D HOME 43. P URPOSE OF P RIMARY ELECTIONS IS TO SELECT THE CANDIDATES WHO WILL RUN FOR OFFICE IN A SUBSEQUENT ELECTION. 44. W HAT IS A POLITICAL MACHINE ? PROS ? CONS ? 45. D O AT HOME AFTER REVIEWING CHART LATER ON IN REVIEW.

15 46. T WO KINDS OF PARTY REALIGNMENT 1 - A MAJOR PARTY IS SO BADLY DEFEATED THAT IS DISAPPEARS AND A NEW PARTY EMERGES TO TAKE ITS PLACE. H APPENED TO BOTH THE F EDERALISTS AND THE W HIGS. 2 - T WO EXISTING PARTIES CONTINUE BUT VOTERS SHIFT THEIR SUPPORT FROM ONE TO THE OTHER & D EALIGNMENT - WHERE A MAJORITY OF VOTERS DESERT THEIR PREVIOUS PARTY ALIGNMENTS. W HY DO MANY FEEL THE US IS IN A CURRENT STATE OF DEALIGNMENT ? 48. D O C HOME. 49. P OLITICAL E FFICACY - A MOUNT OF IMPACT CITIZENS FEEL THEY HAVE ON GOV ' T. H OW DOES IT AFFECT VOTER INTENSITY ?

16 50. I NTERNAL IS ONE ' S ABILITY TO UNDERSTAND AND INFLUENCE POLITICAL EVENTS. E XTERNAL IS THE BELIEF THAT GOVERNMENT WILL RESPOND TO IT ' S CITIZENS. 51. W HICH DEMOGRAPHIC VOTE MORE, WHICH DEMOGRAPHIC VOTE LESS ? 52. A DVERTISING AND TRAVEL COSTS. T HE MORE MARKETS YOU CAN GET IN, THE GREATER THE CHANCE YOU HAVE OF SUCCEEDING BUT THE GREATER COST AS WELL. 53. ELECTIONEERING - TAKING PART ACTIVELY AND ENERGETICALLY IN THE ACTIVITIES OF AN ELECTION CAMPAIGN. 54. W HY DO PAC' S BEGIN, WHAT DO PAC' S DO ? 55. W HAT DO YOU THINK ?? 56. S OFT $ - $ RAISED AND SPENT BY PARTIES FOR ACTIVITIES ( DRIVES, REGISTRATIONS, MAILINGS ) BUT NOT ON THE CANDIDATE. M C C AIN F EINGOLD A CT KNOWN AS B IPARTISAN C AMPAIGN F INANCE R EFORM A CT (BCRA 2002) ESSENTIALLY LIMITED SOFT MONEY DONATIONS BUT RAISED THE AMOUNT OF HARD MONEY YOU COULD GIVE CAMPAIGNS.

17 57. A MOUNT OF HARD MONEY THAT COULD BE GIVEN TO A CANDIDATE ( WAS $1,000 IN 1976) 58. B IPARTISAN FEDERAL AGENCY THAT OVERSEES THE FINANCING OF NATIONAL ELECTION CAMPAIGNS. 59. W HAT IS AN INCUMBENT ? W HY DOES THE HOR HAVE A GREATER REELECTION RATE THAN THE SENATE ? S ENATE USUALLY SEES A BIG SWING IN THE NATIONS MOOD DURING REELECTION. N AME RECOGNITION DUE TO EVERY 2 YEAR ELECTIONS IN HOR ALSO A BIG PLUS. 60. F RANKING ? P ORK - BARREL LEGISLATION ? J UNKETS - T RIP TAKEN BY A POLITICIAN SEEN AS IMPORTANT AND FOR BUSINESS BUT HAS MORE TO DO WITH TRAVEL AND LEISURE. C REDIT - CLAIMING - PERSONAL / DISTRICT SERVICE. SIMILAR TO PORK BARREL LEGISLATION

18 61. HOR QUALIFICATIONS - 25 YO. C ITIZEN 7 YEARS. R ESIDENT OF THE STATE REPRESENTING 62. H OW IS DETERMINED HOW MANY SEATS A STATE GETS IN TEH HOUSE ? 63. O UR LEGISLATURE, DISTRICT OF ONE SEAT SENDS WINNER ( FIRST PAST THE POST ) TO A BODY OF MULTIPLE PEOPLE. 64. M ARGINAL DISTRICTS - I NCUMBENTS W IN A SEAT TO THE HOR BY LESS 55% VOTE C LOSE RACE S AFE D ISTRICTS - INCUMBENTS WIN BY 55% OR MORE VOTES. 65. S ET UP TWO S ENATORS FROM EACH S TATE, ELECTED BY THE PEOPLE, FOR SIX YEARS YO, C ITIZEN FOR 9 YEARS. R ESIDENT OF STATE REPRESENTING 67. W HY WERE THE FRAMERS HESITANT FOR A POPULAR VOTE ? 68. D HOME 69. D HOME

19 70. P RIMARY SIMPOLY CAST YOUR BALLOT. C AUCUS IS A MEETING WHERE PEOPLE MEET LOCALLY AND OPENLY DECIDE WHO THEY WILL SUPPORT. 71. C LOSED - M UST REGISTER THEIR PARTY AFFILIATION TO VOTE ON THAT PARTY ' S POTENTIAL NOMINEES. O PEN - ANY VOTER, REGARDLESS OF PARTY REGISTRATION OR AFFILIATION, COULD CHOOSE EITHER PARTY ' S BALLOT 72. G ET IT DONE EARLIER IN THE YEAR TO GAIN ATTENTION FROM THE MEDIA AND THE CANDIDATES "N EW H AMPSHIRE ENVY " 73. N ATIONAL CONVENTION IS WHERE PARTIES NOMINATE THEIR CANDIDATE FOR P RESIDENT AND V ICE P RESIDENT 74. P ROS AND CONS OF BEING AN INCUMBENT P RESIDENTIAL CANDIDATE. 75. P ROS AND CONS OF BEING A CHALLENGER IN A PRESIDENTIAL ELECTION. 76. P OPULATION OF THE STATE

20 77. R EAPPORTIONMENT - REDISTRIBUTION OF REPRESENTATIVES AMONG THE STATES. B ASED ON POPULATION CHANGE IN THE HOR AFTER EACH C ENSUS U TAH INCREASED 78. A DD P ACKING /C RACKING DEFINITIONS. W HY IS GERRYMANDERING SO CONTROVERSIAL, HOME 79. G ERRYMANDERING S UPREME C T C ASES, S HAW V. R ENO, V IETH V. J UBELIRER D HOME 80. H IERARCHY OF LEADERSHIP IN HOR 81. W HY ARE COMMITTEES AN IMPORTANT ELEMENT IN THE HOR? 82. HOME, ADD RULES COMMITTEE

21 83. I RON T RIANGLE - C LOSE RELATIONSHIP BETWEEN AN AGENCY, A CONGRESSIONAL COMMITTEE AND AN INTEREST GROUP. I.E D EPT OF VA, H OUSE COMMITTEE ON VA AND VETERAN ORGANIZATIONS 84. P ROS AND CONS OF I RON T RIANGLES 85. D IFFERENCES THAT DISTINGUISH SENATE FROM THE HOUSE 86. H IERARCHY OF LEADERSHIP IN THE SENATE, WHO HAS THE REAL POWER ? 87. T RY ALL IMPEACHMENTS, MAKE TREATIES, D ECLARE WAR 88. F ILIBUSTER ? W HY DO THEY ONLY HAPPEN IN THE S ENATE ? H OW CAN A FILIBUSTER BE BROKEN ? 89. D HOME 90. D HOME

22 91. O PTIONS P RESIDENT CAN TAKE AFTER C ONGRESS HAS PASSED A BILL. P ASS AND MAKE A LAW L INE I TEM VETO, SEND BACK WITH CORRECTIONS OR SUGGESTIONS P OCKET V ETO V ETO 5 TH - I GNORE IT FOR 10 DAYS AND BECOMES LAW ANYWAYS 92. H OW CAN THE S UPREME C OURT AFFECT A LAW ? 93. N O PERSON EXCEPT A NATURAL BORN CITIZEN, OR A CITIZEN OF THE U NITED S TATES, AT THE TIME OF THE ADOPTION OF THIS C ONSTITUTION, SHALL BE ELIGIBLE TO THE OFFICE OF P RESIDENT ; NEITHER SHALL ANY PERSON BE ELIGIBLE TO THAT OFFICE WHO SHALL NOT HAVE ATTAINED TO THE AGE OF THIRTY - FIVE YEARS, AND BEEN FOURTEEN YEARS A RESIDENT WITHIN THE U NITED S TATES.

23 94. P RESIDENTIAL S UCCESSION AMENDMENT ALSO P RESIDENTIAL DISABILITY 95. D HOME, N IXON IS A GOOD ONE 96. D HOME TERM, 10 YEAR LIMIT FOR P RESIDENT 98. D HOME 99. VP IS P RESIDENT OF THE S ENATE AND PRESIDES OVER IT, CASTS A VOTE WHEN THERE IS A TIE A SSUMES ROLE OF PRESIDENT IN MATTERS OF DEATH, IMPEACHMENT, OR INCAPACITATION OF THE PRESIDENT 100. C OATTAILS - THE ALLEGED TENDENCY OF CANDIDATES TO WIN MORE VOTES IN AN ELECTION BECAUSE OF THE PRESENCE OF A BETTER KNOWN CANDIDATE SUCH AS THE P RESIDENT.

24 101. D HOME 102. P ARDON - C AN PARDON / FORGIVE INDIVIDUALS WHO HAAVE COMMITTED " OFFENSES AGAINST THE U NITED S TATES, EXCEPT IN C ASES OF I MPEACHMENT." R EPRIEVE - A CANCELLATION OF POSTPONEMENT OF PUNISHMENT M OST F AMOUS PARDON IN US POLITICAL HISTORY ? A MONTH AFTER BECOMING P RESIDENT F ORD GRANTED PRIVATE CITIZEN R ICHARD N IXON AN UNCONDITIONAL PARDON FOR ALL CRIMES THAT HE MAY HAVE COMMITTED D HOME, C HAPTER 12 J ANDA 104. C HIEF OF STAFF, UNQUESTIONED LEADER OF THE STAFF. R UN THE WHOLE OPERATION FOR THE P RESIDENT. A DMINISTER WHAT HAPPENS IN THE W HITE H OUSE

25 105. W HY IS THE BEGINNING OF A TERM CONSIDERED A HONEYMOON PHASE ? 106. W HAT FACTORS CAUSE TO A PRESIDENT TO HAVE POSITIVE PUBLIC OPINION POLL FIGURES ? M EDIA, GOOD ECONOMY AT THE TIME, WAR 107. D HOME P W HY IS POLLING AN IMPORTANT PART OF THE US POLITICAL SYSTEM ? CAPTURE THE OPINION OF MILLIONS OF PEOPLE 109. E XIT P OLLS - INTERVIEWS WITH RANDOMLY SELECTED VOTERS CONDUCTED AT POLLING PLACES ON E LECTION D AY IN A REPRESENTATIVE SAMPLE OF VOTING DISTRICTS. PROS - GET OPINIONS, USUALLY VERY ACCURATE CONS - S OMETIME SAMPLING ERRORS, VERY HARD FOR POLLSTERS TO PREDICT THE WINNER IN A CLOSE ELECTION. L ARGE SAMPLE SIZE FOR EVERY 500,000 POLLSTERS NEED TO MAKE ABOUT 15,000 TELEPHONE CALLS

26 110. A CTS AS A SPOKESPERSON FOR THE P RESIDENT, MEETS WITH THE PRESS. H E /S HE IS RESPONSIBLE FOR COMMUNICATING THE PRESIDENT ’ S REACTIONS TO WORLD EVENTS, AS WELL AS PROVIDING INFORMATION ABOUT ACTIONS OF THE W HITE H OUSE AND THE PRESIDENT ’ S ADMINISTRATION W HY DO PRESIDENT ' S NEED TO WORRY ABOUT THEIR PUBLIC IMAGE ? 112. T HE P RESIDENT ' S PROPOSAL TO THE U.S. C ONGRESS WHICH RECOMMENDS FUNDING LEVELS FOR THE NEXT FISCAL YEAR, BEGINNING O CTOBER OMB (O FFICE OF M ANAGEMENT AND B UDGET ) M OST OWERFUL DOMESTIC AGENCY IN THE BUREAUCRACY, DIRECTOR ATTENDS MEETING WITH THE PRESIDENT ' S CABINET. OMB INITIATES THE BUDGET PROCESS EACH SPRING AND REQUESTS FROM EVERY GOV ' T AGENCY ON HOW MUCH MONEY THEY WILL NEED FOR THE NEXT FISCAL YEAR. E SSENTIALLY PREPARE AND SUBMIT THE BUDGET FOR THE P RESIDENT.

27 114. T AXES, SPECIFICALLY INCOME AND PAYROLL TAXES A BUDGET SURPLUS MIGHT BE USED TO PAY OFF DEBT, SAVE FOR THE FUTURE, OR TO MAKE A DESIRED PURCHASE THAT HAS BEEN DELAYED. A CITY GOVERNMENT THAT HAD A SURPLUS MIGHT USE THE MONEY TO MAKE IMPROVEMENTS TO A RUN - DOWN PARK, FOR EXAMPLE W HEN THE GOVERNMENT SPENDS MORE THAN IT MAKES OR TAKES IN FROM TAXES. N ATIONAL DEBT GROWS % OF THE FEDERAL BUDGET GOES TO ENTITLEMENTS. M AJOR ENTITLEMENTS (S OCIAL S ECURITY, M EDICARE, M EDICAID, C HILDREN ' S H EALTH I NSURANCE P ROGRAM, O BAMACARE ). F IXED EXPENSES ARE EXPENSES THAT HAVE TO BE PAID LIKE SALARIES. E NTITLEMENTS ARE ESSENTIALLY SALARIES THAT HAVE TO BE PAID OUT D HOME 119. B UDGET & A CCOUNTING A CT OF 1921

28 120. D HOME 121. C IVILIAN WORKFORCE WORKING FOR THE GOVERNMENT R EGULATORY AGENCY, INDEPENDENT GOVERNMENTAL COMMISSION ESTABLISHED BY LEGISLATIVE ACT IN ORDER TO SET STANDARDS IN A SPECIFIC FIELD OF ACTIVITY, OR OPERATIONS, IN THE PRIVATE SECTOR OF THE ECONOMY AND TO THEN ENFORCE THOSE STANDARDS. Q UASI -L EGISLATIVE - B ECAUSE WHILE THE MUNICIPAL OFFICERS OF SOME AGENCIES HAVE BROAD EXECUTIVE POWERS, THEIR LEGISLATIVE, OR LAW - MAKING, POWERS ARE LIMITED TO WHAT IS GRANTED BY EITHER STATE LAW OR LOCAL CHARTER OR ORDINANCE. I N OTHER WORDS, THEY HAVE NO INHERENT RIGHT TO LEGISLATE. S AME GOES FOR EXECUTIVE AND JUDICIAL. Q UASI - JUDICIAL AGENCIES MAKE UP FOR THAT LACK OF POWER BY GIVING SOME AGENCIES THE RIGHT TO TAKE ACTION E XEC. AGENCY IS PART OF A GOVT DEPARTMENT TO CARRY OUT SOME PART OF THE EXECUTIVE FUNCTIONS. I. E. O FFICE OF M ANAGEMENT AND B UDGET, NSC R EGULATORY AGENCY - ESTABLISHED BY A SEPARATE STATUTE OF THE U.S. C ONGRESS AND DEFINES WHAT GOALS THE AGENCY MUST WORK TOWARDS AND WHAT AREAS, IF ANY, THEY HAVE RULEMAKING POWER. I. E. EPA, C ONSUMER P RODUCT S AFETY C OMMISSION

29 124. T HE “T HE SPOILS SYSTEM ”/ OR POLITICAL PATRONAGE. P RESIDENT G ARFIELD WAS SHOT BY A MAN WHO FELT HE DESERVED A JOB FOR HIS EFFORTS IN HELPING GET G ARFIELD ELECTED TO OFFICE T HE H ATCH A CT PASSED BY C ONGRESS IN 1939 MADE IT ILLEGAL FOR FEDERAL CIVIL SERVICE EMPLOYEES TO TAKE AN ACTIVE PART IN POLITICAL MANAGEMENT OR POLITICAL CAMPAIGNS BY SERVING AS PARTY OFFICERS, SOLICITING CAMPAIGN FUNDS, RUNNING FOR PARTISAN OFFICE, WORKING IN A PARTISAN CAMPAIGN, ENDORSING PARTISAN CANDIDATES, TAKING VOTERS TO THE POLLS, COUNTING BALLOTS, CIRCULATING, NOMINATING PETITIONS OR BEING DELEGATES TO A CONVENTION O FFICE OF P ERSONNEL M ANAGEMENT (OPM) - FORMERLY THE CIVIL SERVICE COMMISSION, CREATED TO REDUCE THE PRACTICE OF FILLING GOVERNMENT POSITIONS WITH THE PRESIDENT ' S POLITICAL ALLIES OR CRONIES. M ERIT S YSTEMS P ROTECTION B OARD - ESSENTIALLY OVERSEES THE OPM AND MAKES SURE TH H ATCH A CT IS ENFORCED ENTITY - EXISTS IN ITSELF. B ECAUSE PEOPLE GENERALLY CANNOT BE SELF - GOVERNING. E VERYONE HAS DIFFERENT IDEAS OF HOW THINGS SHOULD BE

30 128. D HOME 129. W HO MUST CONFIRM ANY LEADER OF THE CABINET DEPARTMENT ? 130. T HE EXECUTIVE BRANCH OF THE GOVERNMENT IS DIVIDED INTO 15 CABINET DEPARTMENTS THAT SET POLICIES AND OVERSEE PROGRAMS AFFECTING EVERY A MERICAN. T HESE AGENCIES ' MYRIAD RESPONSIBILITIES REQUIRE THOUSANDS OF SKILLED PROFESSIONALS WORKING IN OFFICES NATIONWIDE D HOME 132. G OV ' T C ORPORATION - A GOVT AGENCY THAT PERFORMS SERVICES THAT MIGHT BE PROVIDED BY THE PRIVATE SECTOR I. E. POSTAL SERVICE 133. D HOME

31 134. T HE A DMINISTRATIVE P ROCEDURE A CT (1947) SETS UP A PROCESS FOR THE U NITED S TATES FEDERAL COURTS TO DIRECTLY REVIEW AGENCY DECISIONS. I T IS ONE OF THE MOST IMPORTANT PIECES OF U NITED S TATES ADMINISTRATIVE LAW. T HE F REEDOM OF I NFORMATION A CT (1966) - T HE A CT DEFINES AGENCY RECORDS SUBJECT TO DISCLOSURE, OUTLINES MANDATORY DISCLOSURE PROCEDURES AND GRANTS NINE EXEMPTIONS TO THE STATUTE T HE N ATIONAL E NVIRONMENTAL P OLICY A CT (1969) - NEPA' S MOST SIGNIFICANT EFFECT WAS TO SET UP PROCEDURAL REQUIREMENTS FOR ALL FEDERAL GOVERNMENT AGENCIES TO PREPARE E NVIRONMENTAL A SSESSMENTS (EA S ) AND E NVIRONMENTAL I MPACT S TATEMENTS T HE P RIVACY A CT OF T HE P RIVACY A CT REQUIRES THAT AGENCIES GIVE THE PUBLIC NOTICE OF THEIR SYSTEMS OF RECORDS BY PUBLICATION IN THE F EDERAL R EGISTER. T HE P RIVACY A CT PROHIBITS THE DISCLOSURE OF INFORMATION FROM A SYSTEM OF RECORDS ABSENT THE WRITTEN CONSENT OF THE SUBJECT INDIVIDUAL, UNLESS THE DISCLOSURE IS PURSUANT TO ONE OF TWELVE STATUTORY EXCEPTIONS. T HE O PEN M EETING L AW (1976) - A N ACT TO REQUIRE CERTAIN MEETINGS OF CERTAIN PUBLIC BODIES TO BE OPEN TO THE PUBLIC ; TO REQUIRE NOTICE AND THE KEEPING OF MINUTES OF MEETINGS ; TO PROVIDE FOR ENFORCEMENT ; TO PROVIDE FOR INVALIDATION OF GOVERNMENTAL DECISIONS UNDER CERTAIN CIRCUMSTANCES ; TO PROVIDE PENALTIES ; AND TO REPEAL CERTAIN ACTS AND PARTS OF ACTS.

32 135. THE PRESIDENT POWER TO APPOINT VARIOUS SORTS OF OFFICIALS. I N 1789 C ONGRESS GAVE THE PRESIDENT POWER TO REMOVE OFFICIALS WITHOUT CONGRESSIONAL ASSENT, BUT THE QUESTION OF WHO ( IF ANYONE ) WOULD ACTUALLY CONTROL THE BUREAUCRACY HAS BEEN HOTLY CONTESTED THROUGHOUT A MERICAN HISTORY 136. CONGRESSIONAL INVESTIGATIONS ARE THE MOST VISIBLE AND DRAMATIC FORM OF OVERSIGHT T HE S UPREME C OURT HAS INTERCEDED TO RESTRICT POLITICAL PATRONAGE ON CONSTITUTIONAL GROUNDS I SSUE NETWORKS - N ETWORK OF PEOPLE IN D.C. BASED INTEREST GROUPS, CONGRESSIONAL STAFFS, IN UNIVERSITIES AND THINK TANKS, AND MASS MEDIA WHO ADVOCATE PUBLIC POLICIES. IRON TRIANGLE - CLOSE RELATIONSHIP BETWEEN AN AGENCY, A CONGRESSIONAL COMMITTEE, AND AN INTEREST GROUP. W HY WOULD AN ISSUE NETWORK BE MORE PREVALENT ? 139. S ENATORIAL COURTESY - GIVES HEAVY WEIGHT TO THE PREFERENCES OF THE SENATORS FROM THE STATE WHERE A FEDERAL DISTRICT JUDGE IS TO SERVE. O RDINARILY, THE S ENATE WILL NOT CONFIRM A DISTRICT COURT JUDGE IF THE SENIOR SENATOR FROM THE STATE WHERE THE DISTRICT IS LOCATED OBJECTS. H OW DOES THIS REPRESENT CHECKS AND BALANCES AND WHY DO PRESIDENTS OFTEN FOLLOW THIS UNWRITTEN RULE ?

33 140. A NORMAL ( PETIT ) JURY HEARS EVIDENCE OF A CASE AFTER THE ARREST AND ARRAIGNMENT OF THE ACCUSED. A GRAND JURY HEARS EVIDENCE BEFORE THE CASE IS FILED AND MAY ISSUE INDICTMENTS BASED ON THE EVIDENCE PRESENTED BY THE PROSECUTOR ALONE 141. D HOME 142. A CONSTITUTIONAL COURT IS ONE EXERCISING THE JUDICIAL POWERS FOUND IN A RTICLE III OF THE CONSTITUTION, AND THEREFORE ITS JUDGES ARE GIVEN CONSTITUTIONAL PROTECTION : THEY MAY NOT BE FIRED NOR MAY THEIR SALARIES BE REDUCED WHILE THEY ARE IN OFFICE A LEGISLATIVE COURT IS ONE SET UP BE C ONGRESS FOR SOME SPECIALIZED PURPOSE AND STAFFED WITH PEOPLE WHO HAVE FIXED TERMS OF OFFICE AND CAN BE REMOVED OR HAVE THEIR SALARIES REDUCED C ASES INVOLVING AMBASSADORS 2. D ISPUTES BETWEEN THE STATES

34 , LESS THAN 200, RULE OF A LREADY BEEN TAKEN CARE OF BY A LOWER COURT DECISION … SENT BACK 146. L ET THE DECISION STAND … PRECEDENT 147. B EFORE ORAL ARGUMENTS, THE PARTIES TO A CASE FILE LEGAL BRIEFS OUTLINING THEIR ARGUMENTS. 30 MINUTES M AJORITY O PINION - T HE MAJORITY OPINION IS AN EXPLANATION OF THE REASONING BEHIND THE MAJORITY DECISION OF A SUPREME COURT. C ONCURRING O PINION - AN OPINION THAT AGREES WITH THE COURT ' S DISPOSITION OF THE CASE BUT IS WRITTEN TO EXPRESS A PARTICULAR JUDGE ' S REASONING D ISSENTING O PINION - AN OPINION THAT DISAGREES WITH THE COURT ' S DISPOSITION OF THE CASE P ER C URIUM O PINION - PHRASE USED TO DISTINGUISH AN OPINION OF THE WHOLE COURT FROM AN OPINION WRITTEN BY ANY ONE JUDGE. S OMETIMES PER CURIUM SIGNIFIES AN OPINION WRITTEN BY THE CHIEF JUSTICE OR PRESIDING JUDGE ; IT CAN ALSO REFER TO A BRIEF ORAL ANNOUNCEMENT OF THE DISPOSITION OF A CASE BY THE COURT THAT IS UNACCOMPANIED BY A WRITTEN OPINION

35 149. T HEY WRITE DISSENTING OPINIONS WHEN THEY DISAGREE WITH THE S UPREME C OURT RULING. N OT EVERY S UPREME C OURT RULING IS UNANIMOUS. S OME ARE BY 5 TO 4, OR 6-3, OR 7 TO 2 OR 8 TO 1 MAJORITIES. S OME CASES ARE BY OTHER MAJORITIES IF NOT ALL NINE JUSTICES VOTE ON THE CASE. T HE MINORITY JUSTICES, THAT IS THE DISSENTING JUSTICES, WRITE THEIR OWN OPINION TO STATE WHY THE THINK THE MAJORITY IS WRONG AND WHAT THEY WOULD HAVE RULED AND WHY D ECISIONS RELATING TO F EDERALISM 151. H E IS REMEMBERED PRINCIPALLY FOR THE D RED S COTT DECISION (1857) 152. D HOME 153. S YNONYMOUS WITH THE CONCEPT OF J UDICIAL A CTIVISM, WHICH IS ? 154. D HOME 155. T HE B URGER C OURT IS BEST REMEMBERED FOR ITS RULING IN R OE V. W ADE (1973), WHICH HELD THAT THERE IS A CONSTITUTIONALLY PROTECTED RIGHT TO HAVE AN ABORTION

36 156. D HOME 157. M EANING OF BOTH JUDICIAL ACTIVISM / RESTRAINT ? 158. J UDICIAL R ESTRAINT, WHY ?? 159. P OLITICAL Q UESTIONS - ISSUES THAT HE S UPREME C OURT WILL ALLOW THE EXECUTIVE AND LEGISLATIVE BRANCHES TO DECIDE. S TATING THE CONSTITUTION LEFT THAT MATTER TO ANOTHER BRANCH OF GOVERNMENT TO DECIDE FOR ITSELF. I. E. CONGRESSIONAL DISTRICT BOUNDARIES 160. W HAT IS THE COURT ' S POWER OF JUDICIAL REVIEW ? 161. D HOME

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54 206. D HOME 207. H OW WAS THE DOCTRINE OF SEPARATE BUT EQUAL DOCTRINE RELATE TO P LESSY V. F ERGUSON ? 208. VOTED 9-0. D ESPITE THE EQUALIZATION OF THE SCHOOLS BY " OBJECTIVE " FACTORS, INTANGIBLE ISSUES FOSTER AND MAINTAIN INEQUALITY. R ACIAL SEGREGATION IN PUBLIC EDUCATION HAS A DETRIMENTAL EFFECT ON MINORITY CHILDREN BECAUSE IT IS INTERPRETED AS A SIGN OF INFERIORITY. T HE LONG - HELD DOCTRINE THAT SEPARATE FACILITIES WERE PERMISSIBLE PROVIDED THEY WERE EQUAL WAS REJECTED. S EPARATE BUT EQUAL IS INHERENTLY UNEQUAL IN THE CONTEXT OF PUBLIC EDUCATION. T HE UNANIMOUS OPINION SOUNDED THE DEATH - KNELL FOR ALL FORMS OF STATE - MAINTAINED RACIAL SEPARATION.

55 209. R IGHT TO VOTE SHALL NOT BE DENIED TO ANY CITIZEN ON ACCOUNT OF RACE, COLOR, OR PREVIOUS CONDITION OF SERVITUDE. V OTING R IGHTS A CT OF T HE V OTING R IGHTS A CT OF 1965 IS A LANDMARK PIECE OF FEDERAL LEGISLATION IN THE U NITED S TATES THAT PROHIBITS DISCRIMINATION IN VOTING. I T WAS SIGNED INTO LAW BY P RESIDENT L YNDON B. J OHNSON DURING THE HEIGHT OF THE A MERICAN C IVIL R IGHTS M OVEMENT ON A UGUST 6, 1965, AND C ONGRESS LATER AMENDED THE A CT FIVE TIMES TO EXPAND ITS PROTECTIONS. D ESIGNED TO ENFORCE THE VOTING RIGHTS GUARANTEED BY THE F OURTEENTH AND F IFTEENTH A MENDMENTS TO THE U NITED S TATES C ONSTITUTION, THE A CT ALLOWED FOR A MASS ENFRANCHISEMENT OF RACIAL MINORITIES THROUGHOUT THE COUNTRY, ESPECIALLY IN THE S OUTH. A CCORDING TO THE D EPARTMENT OF J USTICE, THE A CT IS CONSIDERED TO BE THE MOST EFFECTIVE PIECE OF CIVIL RIGHTS LEGISLATION EVER ENACTED IN THE COUNTRY. T HE A CT ESTABLISHES EXTENSIVE FEDERAL OVERSIGHT OVER ELECTIONS. E CHOING THE LANGUAGE OF THE F IFTEENTH A MENDMENT, S ECTION 2 OF THE A CT GENERALLY PROHIBITS ANY STATE OR LOCAL GOVERNMENT FROM IMPOSING ANY VOTING LAW THAT RESULTS IN DISCRIMINATION AGAINST RACIAL OR LANGUAGE MINORITIES. A DDITIONALLY, THE A CT SPECIFICALLY OUTLAWS LITERACY TESTS AND SIMILAR DEVICES THAT WERE HISTORICALLY USED TO DISFRANCHISE RACIAL MINORITIES.

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57 214. S HORTLY AFTER W ARREN ’ S APPOINTMENT, IN D ECEMBER 1953, THE C OURT HEARD THE RE - ARGUMENT OF B ROWN. I N THE JUSTICES ’ OPENING CONFERENCE W ARREN PROCLAIMED, “ SEPARATE BUT EQUAL DOCTRINE RESTS ON BASIC PREMISE THAT THE N EGRO RACE IS INFERIOR H OW DID THE S OUTH RESPOND TO THE B ROWN DECISION ? 215. G OVERNMENT IMPOSED SEGREGATION I. E. SEPARATE SCHOOLS FOR BLACKS AND WHITES 216. I N 1964 C ONGRESS PASSED P UBLIC L AW (78 S TAT. 241). T HE PROVISIONS OF THIS CIVIL RIGHTS ACT FORBADE DISCRIMINATION ON THE BASIS OF SEX AS WELL AS RACE IN HIRING, PROMOTING, AND FIRING.

58 TH A MENDMENT - P OLL TAX OUTLAWED. HOW DOES IT RELATE TO THE V OTING R IGHTS A CT OF 1965 (Q. 209)? 218. T HE C IVIL R IGHTS A CT SIGNED INTO LAW IN A PRIL 1968– POPULARLY KNOWN AS THE F AIR H OUSING A CT – PROHIBITED DISCRIMINATION CONCERNING THE SALE, RENTAL AND FINANCING OF HOUSING BASED ON RACE, RELIGION, NATIONAL ORIGIN AND SEX A FFIRMATIVE ACTION POLICIES AND PROGRAMS ARE DESIGNED TO ENSURE THAT QUALIFIED INDIVIDUALS HAVE EQUAL ACCESS TO OPPORTUNITY AND ARE GIVEN A FAIR CHANCE TO CONTRIBUTE THEIR TALENTS AND ABILITIES.

59 220. T HERE ARE JUST AS MANY ARGUMENTS AGAINST AFFIRMATIVE ACTION AS IN FAVOR OF IT. S OME EXAMPLES INCLUDE : R EVERSE DISCRIMINATION SHOULDN ' T BE USED TO FIX PAST DISCRIMINATION P EOPLE SHOULD BE CHOSEN BASED ON MERIT AND NOT BY RACE OR GENDER M INORITIES AND WOMEN FROM LOWER CLASSES AREN ' T HELPED BY AFFIRMATIVE ACTION, ONLY THOSE INDIVIDUALS FROM PRIVILEGED BACKGROUNDS D IVERSITY OF OPINION ISN ' T CREATED BY DIVERSITY OF RACE OR GENDER D EVALUES THE HARD WORK OF MANY MINORITIES AND WOMEN I NCREASES RACIAL TENSION

60 221. D HOME 222. D HOME 223. T HE MOVEMENT OF HIGH - LEVEL EMPLOYEES FROM PUBLIC SECTOR JOBS TO PRIVATE SECTOR JOBS AND VICE VERSA. T HE IDEA IS THAT THERE IS A REVOLVING DOOR BETWEEN THE TWO SECTORS AS MANY LEGISLATORS AND REGULATORS BECOME CONSULTANTS FOR THE INDUSTRIES THEY ONCE REGULATED AND SOME PRIVATE INDUSTRY HEADS RECEIVE GOVERNMENT APPOINTMENTS THAT RELATE TO THEIR FORMER PRIVATE POSTS.

61 224. A PAYMENT GIVEN TO A PROFESSIONAL PERSON FOR SERVICES FOR WHICH FEES ARE NOT LEGALLY OR TRADITIONALLY REQUIRED W HAT IS THE W AR P OWERS R ESOLUTION ? 226. T HE BASIC ELEMENT OF THE GERMANENESS RULE IS THE REQUIREMENT THAT AN AMENDMENT ADDRESS THE SAME SUBJECT AS THE UNDERLYING BILL.

62 227. G ERRYMANDERING C RACKING S PREADING LIKE - MINDED VOTERS APART ACROSS MULTIPLE DISTRICTS TO DILUTE THEIR VOTING POWER IN EACH. T HIS DENIES THE GROUP REPRESENTATION IN MULTIPLE DISTRICTS. P ACKING C ONCENTRATING LIKE - MINDED VOTERS TOGETHER IN ONE DISTRICT TO REDUCE THEIR VOTING POWER IN OTHER DISTRICTS. T HIS GIVES THE GROUP REPRESENTATION IN A SINGLE DISTRICT WHILE DENYING THEM REPRESENTATION ACROSS DISTRICTS.

63 228. P AY AS YOU GO RULE ?

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