the power of the courts to declare laws unconstitutional. judicial review

128
The power of the courts to declare laws unconstitutional. Judicial Review

Upload: caroline-george

Post on 25-Dec-2015

218 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: The power of the courts to declare laws unconstitutional. Judicial Review

The power of the courts to declare laws unconstitutional.

Judicial Review

Page 2: The power of the courts to declare laws unconstitutional. Judicial Review

Those who favor a weaker national government. (And

stronger state governments).

Anti-federalists

Page 3: The power of the courts to declare laws unconstitutional. Judicial Review

A group with a distinct political interest.

Factions

Page 4: The power of the courts to declare laws unconstitutional. Judicial Review

Power given to the state governments alone.

e.g. -- the power to issue licenses, regulate commerce wholly within the state, etc.

Reserve Powers

Page 5: The power of the courts to declare laws unconstitutional. Judicial Review

Those who favor a stronger national government.

Federalists

Page 6: The power of the courts to declare laws unconstitutional. Judicial Review

Constitutional authority is shared by three different branches of government.

Separation of Powers

Page 7: The power of the courts to declare laws unconstitutional. Judicial Review

A weak constitution that governed America during the

Revolutionary War.

"league of friendship"

ratified in 1781.

Articles of Confederation

Page 8: The power of the courts to declare laws unconstitutional. Judicial Review

Proposal at the Constitutional Convention to have equal state

representation

New Jersey Plan

Page 9: The power of the courts to declare laws unconstitutional. Judicial Review

Government authority shared by national and state government

with the goal of protecting personal liberty.

Federalism

Page 10: The power of the courts to declare laws unconstitutional. Judicial Review

Compromise between the Virginia Plan and the New Jersey Plan:

**A popularly elected House of Representatives based on state

population.

**A state-selected Senate, with two members for each state.

Great Compromise

Page 11: The power of the courts to declare laws unconstitutional. Judicial Review

A meeting in Philadelphia in 1787 that produced a new

constitution.

Constitutional Convention

Page 12: The power of the courts to declare laws unconstitutional. Judicial Review

Powers shared by the national and state government.

e.g.-- Collecting taxes, building roads, having courts, etc.

Concurrent Powers

Page 13: The power of the courts to declare laws unconstitutional. Judicial Review

Powers given to the national government alone.

e.g.-- the authority to print money, declare war, make

treaties, etc.Enumerated, Delegated or Expressed Powers (formal

powers)

Page 14: The power of the courts to declare laws unconstitutional. Judicial Review

A proposal at the convention that would create three separate

branches with a legislative branch with at least one house

of the legislature elected directly by the people.

The Virginia Plan

Page 15: The power of the courts to declare laws unconstitutional. Judicial Review

Authority shared (and checked) by three branches of

government.

Checks and Balances

Page 16: The power of the courts to declare laws unconstitutional. Judicial Review

A 1786-1787 rebellion in which ex-Revolutionary War soldiers

attempted to prevent foreclosures of farms as a result of high interest rates and taxes.

Shay’ Rebellion

Page 17: The power of the courts to declare laws unconstitutional. Judicial Review

First 10 amendments to the Constitution.

Bill of Rights

Page 18: The power of the courts to declare laws unconstitutional. Judicial Review

A law that declares a person, without a trial, to be guilty.

Bill of Attainder

Page 19: The power of the courts to declare laws unconstitutional. Judicial Review

A law that makes and act criminal although the act was legal when it was committed.

Ex Post Facto Law

Page 20: The power of the courts to declare laws unconstitutional. Judicial Review

An order to produce an arrested person before a judge.

Habeas Corpus

Page 21: The power of the courts to declare laws unconstitutional. Judicial Review

Could not levy taxes or regulate commerce

Sovereignty, independence retained by states

One vote in Congress for each state

Nine of thirteen votes in Congress required for any measure

Delegates to Congress picked, paid for by state legislatures

Little money coined by Congress.

Weaknesses of the Articles of Confederation

Page 22: The power of the courts to declare laws unconstitutional. Judicial Review

Name That Amendment

Page 23: The power of the courts to declare laws unconstitutional. Judicial Review

All Males (races) can vote

15th

Page 24: The power of the courts to declare laws unconstitutional. Judicial Review

All Women can vote19

Page 25: The power of the courts to declare laws unconstitutional. Judicial Review

All 18 year olds can vote

26

Page 26: The power of the courts to declare laws unconstitutional. Judicial Review

Prohibits a Poll Tax

24

Page 27: The power of the courts to declare laws unconstitutional. Judicial Review

State can not deny you due process or equal protection of

the law

14th

Page 28: The power of the courts to declare laws unconstitutional. Judicial Review

Washington DC receive three electoral votes

23

Page 29: The power of the courts to declare laws unconstitutional. Judicial Review

Procedure enabling voters to reject a measure passed by

legislature. About 1/2 the states permit this procedure.

Referendum

Page 30: The power of the courts to declare laws unconstitutional. Judicial Review

The effort to transfer responsibility for many public

programs and services from the federal government to the

states.

Devolution

Page 31: The power of the courts to declare laws unconstitutional. Judicial Review

Money from the national government that states can

spend within broad guidelines determined by Washington. (a

part of devolution)

Block Grants

Page 32: The power of the courts to declare laws unconstitutional. Judicial Review

Section of the Constitution allowing Congress to pass all laws "necessary

and proper" to its duties, and which has permitted Congress to exercise powers not specifically given to it (enumerated)

by the Constitution.

Elastic Clause or Necessary & Proper Clause

Page 33: The power of the courts to declare laws unconstitutional. Judicial Review

Doctrine holding that the national government is supreme

in its sphere, that states are supreme in theirs, and the two

spheres should be kept separate. (Layered Cake)

Dual Federalism

Page 34: The power of the courts to declare laws unconstitutional. Judicial Review

Process that permits voters to put legislative measures directly on the ballot, by getting enough

signature on a petition.

Initiative

Page 35: The power of the courts to declare laws unconstitutional. Judicial Review

Terms set by the national government that states must

meet whether or not they accept federal grants. Most concern civil

rights and environmental protection.

Mandates

Page 36: The power of the courts to declare laws unconstitutional. Judicial Review

Federal grants for specific purposes, such as building and airport. Often require local matching funds.

Categorical Grants

Page 37: The power of the courts to declare laws unconstitutional. Judicial Review

A citizen's capacity to understand and influence

political events.

Political Efficacy

Page 38: The power of the courts to declare laws unconstitutional. Judicial Review

First amendment ban on laws "respecting an establishment of

religion.”

Establishment Clause

Page 39: The power of the courts to declare laws unconstitutional. Judicial Review

First Amendment requirement that law cannot prevent free

exercise of religion.

Free Exercise Clause

Page 40: The power of the courts to declare laws unconstitutional. Judicial Review

(many things that might be safely said in peacetime may be

punished in wartime.) For example, fire in a theater.

Clear-and-Present Danger Test

Page 41: The power of the courts to declare laws unconstitutional. Judicial Review

It involves a state trying to tax the Bank of the United States. Using the

Elastic clause this case expanded federal power.

McCulloch V. Maryland

Page 42: The power of the courts to declare laws unconstitutional. Judicial Review

When the Rule of Four asks for a case from the lower court to be sent up for

reviewWrit of Certiorari

Page 43: The power of the courts to declare laws unconstitutional. Judicial Review

Latin for “to stand by things decided” When the court uphold precedent.

Stare Decisis

Page 44: The power of the courts to declare laws unconstitutional. Judicial Review

A friend of the court brief that interest group will submit to the court to try to

influence their opinion.Amicus Curiae

Page 45: The power of the courts to declare laws unconstitutional. Judicial Review

 Reviews cases decided against the United States and determines whether the government will seek review in the

Supreme Court.Solicitor General

Page 46: The power of the courts to declare laws unconstitutional. Judicial Review

Court cases that apply Bill of Rights to states.

Selective Incorporation

Page 47: The power of the courts to declare laws unconstitutional. Judicial Review

The clause in the 14th amendment that deals with

criminal rights.

Due Process Clause

Page 48: The power of the courts to declare laws unconstitutional. Judicial Review

The clause in the 14th amendment that deals with civil

rights.

Equal Protection Clause

Page 49: The power of the courts to declare laws unconstitutional. Judicial Review

The Court held that criminal suspects must be informed of their right to

consult with an attorney and of their right to remain silent prior to

questioning by police, because of the due process clause in the 14th

Amendment Miranda v. Arizona

Page 50: The power of the courts to declare laws unconstitutional. Judicial Review

Supreme Court decided that reapportionment issues (attempts to change the way voting districts are

delineated) present questions appropriate for judicial resolution,

thus enabling federal courts to intervene in and to decide

reapportionment cases.Baker v. Carr

Page 51: The power of the courts to declare laws unconstitutional. Judicial Review

Decided that evidence obtained in violation of the Fourth

Amendment protection against "unreasonable searches and seizures"

may not be used in criminal prosecutions in state courts, as well as federal courts Related to the Due Process clause of the

14th Amendment 1961

Mapp v. Ohio

Page 52: The power of the courts to declare laws unconstitutional. Judicial Review

Supreme Court unanimously ruled that state courts are required by the 6th and 14th Amendments (both due process and equal protection) of the

Constitution to provide lawyers in criminal cases for defendants unable

to afford their own attorneys Gideon v. Wainwright

Page 53: The power of the courts to declare laws unconstitutional. Judicial Review

Improperly gathered evidence may not be introduced in a

criminal trial.

Exclusionary Rule

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

An act that conveys a political message.

Symbolic Speech

Page 55: The power of the courts to declare laws unconstitutional. Judicial Review

Censorship of a publication.

Prior Restraint

Page 56: The power of the courts to declare laws unconstitutional. Judicial Review

Supreme Court says the First Amendment applies to states

1925.

Gitlow v. New York

Page 57: The power of the courts to declare laws unconstitutional. Judicial Review

Established Judicial Review.

Marbury v. Madison

Page 58: The power of the courts to declare laws unconstitutional. Judicial Review

A Supreme Court decision upholding state-enforced racial

segregation 1896.

Plessy v. Ferguson

Page 59: The power of the courts to declare laws unconstitutional. Judicial Review

A Supreme Court decision that overturned Plessy v. Ferguson.

Brown v. Board of Education of Topeka, Kansas

Page 60: The power of the courts to declare laws unconstitutional. Judicial Review

Landmark case in which the Court first found a "right to privacy" in the Constitution.

Griswold v. Connecticut

Page 61: The power of the courts to declare laws unconstitutional. Judicial Review

A ruling that declared all state laws prohibiting abortion

unconstitutional 1973.

Roe v. Wade

Page 62: The power of the courts to declare laws unconstitutional. Judicial Review

Designing remedies for overcoming racism and sexism by taking race and gender into

account.

Affirmative Action

Page 63: The power of the courts to declare laws unconstitutional. Judicial Review

Main points: employment and public accommodations

Broad in scope, strong enforcement mechanisms

Effects: dramatic rise in African American voting & mood of Congress

shifted to pro-civil rights.

1964 Civil Rights Act

Page 64: The power of the courts to declare laws unconstitutional. Judicial Review

How people think or feel about particular things. - Not easy to measure.

Public Opinion

Page 65: The power of the courts to declare laws unconstitutional. Judicial Review

A survey of public opinion.

Poll

Page 66: The power of the courts to declare laws unconstitutional. Judicial Review

Method of selecting from a population in which each person has an equal probability of being

selected.

Random Sample

Page 67: The power of the courts to declare laws unconstitutional. Judicial Review

The difference between the result of random samples taken

at the same time.

Sampling Error

Page 68: The power of the courts to declare laws unconstitutional. Judicial Review

Polls based on interviews conducted on Election Day with

randomly selected voters.

Exit Polls

Page 69: The power of the courts to declare laws unconstitutional. Judicial Review

the process by which personal and other background traits influence one’s views about

politics and government.

Political Socialization

Page 70: The power of the courts to declare laws unconstitutional. Judicial Review

This reflects attitudinal differences between men and women about the

size of government, gun control, social programs, and gay rights

Gender Gap

Page 71: The power of the courts to declare laws unconstitutional. Judicial Review

A more or less consistent set of beliefs about what policies

government ought to pursue.

Political Ideology

Page 72: The power of the courts to declare laws unconstitutional. Judicial Review

Requirement that voters be able to read; formerly used in the

South to disenfranchise African Americans.

Literacy Test

Page 73: The power of the courts to declare laws unconstitutional. Judicial Review

Requirement that for an individual to automatically qualify to vote, his or her

grandparents had to have voted (excluded former slaves and

their descendants).

Grandfather Clause

Page 74: The power of the courts to declare laws unconstitutional. Judicial Review

630,000 new voters in two months

Accounted for almost 40% of applications in 2001-2002

Scant evidence of impact on turnout or election outcomes.

Motor Voter Act of 1993

Page 75: The power of the courts to declare laws unconstitutional. Judicial Review

Requires the President to notify Congress within 48 hours of committing Troop & Congress can request the withdrawal after 60 daysWar Power Resolution (Act) 1973

Page 76: The power of the courts to declare laws unconstitutional. Judicial Review

WHAT EVASIVE STRATEGIES DID SOUTHERN STATES USE TO PREVENT AFRICAN AMERICANS FROM VOTING?

Literacy test Poll tax White primaries Grandfather clauses Intimidation of African American voters.

Page 77: The power of the courts to declare laws unconstitutional. Judicial Review

They seek to elect candidates to public office.

Political Parties

Page 78: The power of the courts to declare laws unconstitutional. Judicial Review

When a shift occurs in the popular coalition supporting one

or both parties.

Critical or Realignment Period

Page 79: The power of the courts to declare laws unconstitutional. Judicial Review

A meeting of party delegates held every four years.

National Convention

Page 80: The power of the courts to declare laws unconstitutional. Judicial Review

An electoral system in which the winner is that person who gets the most votes, even if they do not receive a majority; used in almost all American elections.

Plurality System

Page 81: The power of the courts to declare laws unconstitutional. Judicial Review

Voting for candidates of different parties for various offices in the

same election.

Split Ticket Voting

Page 82: The power of the courts to declare laws unconstitutional. Judicial Review

Voting for candidates who are all of the same party.

Straight Ticket

Page 83: The power of the courts to declare laws unconstitutional. Judicial Review

An electoral system with two dominant parties that compete

in national elections.

Two-Party System

Page 84: The power of the courts to declare laws unconstitutional. Judicial Review

A group legally able to solicit campaign contributions from

individuals within an organization and, under certain restrictions, to funnel these to

candidates for office

PAC’s

Page 85: The power of the courts to declare laws unconstitutional. Judicial Review

An election intended to select a party's candidates for elective

office

Primary Election

Page 86: The power of the courts to declare laws unconstitutional. Judicial Review

A meeting of voters to help choose a candidate for office.

Caucus

Page 87: The power of the courts to declare laws unconstitutional. Judicial Review

An election used to fill an elective office.

General Election

Page 88: The power of the courts to declare laws unconstitutional. Judicial Review

A primary election in which voters must first declare to which party they belong.

Closed Primary

Page 89: The power of the courts to declare laws unconstitutional. Judicial Review

A primary in which voters can vote for the candidates of either

the Democratic or the Republican party

Blanket Primary

Page 90: The power of the courts to declare laws unconstitutional. Judicial Review

Organizations that, under an IRS code, raise and spend money to

advance political causes.

527’s

Page 91: The power of the courts to declare laws unconstitutional. Judicial Review

The person currently in office

Incumbent

Page 92: The power of the courts to declare laws unconstitutional. Judicial Review

The result of having districts of very unequal size.

Malapportionment

Page 93: The power of the courts to declare laws unconstitutional. Judicial Review

Drawing a district in some bizarre or unusual manner in order to create an electoral

advantage

Gerrymandering

Page 94: The power of the courts to declare laws unconstitutional. Judicial Review

Public money can be used only for these types of campaign

Presidential

Page 95: The power of the courts to declare laws unconstitutional. Judicial Review

What groups are loyal to the Democrats?

1. African Americans most loyal2. Jews slipping somewhat

3. Hispanics somewhat mixed4. Catholics, southerners,

unionists departing the coalition lately

Page 96: The power of the courts to declare laws unconstitutional. Judicial Review

Loyal Groups to the Republican party

1. Party of business and professional people

2. Very loyal, defecting only in 1964

3. Usually wins vote of poor because of retired, elderly voters

Page 97: The power of the courts to declare laws unconstitutional. Judicial Review

The government agency charged with regulating the electronic media

FCC

Page 98: The power of the courts to declare laws unconstitutional. Judicial Review

A principle that formerly obliged broadcasters to present both sides of

an issueFairness Doctrine

Page 99: The power of the courts to declare laws unconstitutional. Judicial Review

An obligation for broadcasters to give all candidates equal access to the

media

Equal Time Rule

Page 100: The power of the courts to declare laws unconstitutional. Judicial Review

information sent out to the media in order to observe the reaction of an

audience. Trail Balloon

Page 101: The power of the courts to declare laws unconstitutional. Judicial Review

How can Congress Check the President on Foreign Policy

Approve treatiesApprove ambassadors

Declare War

Page 102: The power of the courts to declare laws unconstitutional. Judicial Review

List the Foreign Policy Powers of the President

Commander in Chief of the military (commit troops)

Negotiate TreatiesNominate Ambassadors

Page 103: The power of the courts to declare laws unconstitutional. Judicial Review

How can the President go around the formal checks when

it comes to foreign policy?

Executive Agreements

Page 104: The power of the courts to declare laws unconstitutional. Judicial Review

An order from the House Rules Committee that sets a time limit on debate and forbids a particular bill from being amended on the floor.

Closed Rule

Page 105: The power of the courts to declare laws unconstitutional. Judicial Review

A rule used by the Senate, providing to end or limit debate.

Cloture

Page 106: The power of the courts to declare laws unconstitutional. Judicial Review

A joint committee appointed to resolve differences in House and Senate versions of the same bill.

Conference Committee

Page 107: The power of the courts to declare laws unconstitutional. Judicial Review

A device by which any member of the House, after a committee has had a bill for thirty days, may petition to have it

brought to the floor.

Discharge Petition

Page 108: The power of the courts to declare laws unconstitutional. Judicial Review

An attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking

action on the bill.

Filibuster

Page 109: The power of the courts to declare laws unconstitutional. Judicial Review

A vote in which a majority of Democratic legislators oppose a

majority of Republican legislators.

Party Polarization

Page 110: The power of the courts to declare laws unconstitutional. Judicial Review

Legislation that gives tangible benefits to constituents in several districts or states in the hopes of winning their

votes in return

Pork barrel legislation

Page 111: The power of the courts to declare laws unconstitutional. Judicial Review

Permanently established legislative committees that consider and are responsible for legislation within a

certain subject area.

Standing Committee

Page 112: The power of the courts to declare laws unconstitutional. Judicial Review

What are some incumbency advantages?

Media coverage is higher for incumbents.

Incumbents have greater name recognition due to franking, travel to

the district, news coverage.Members secure policies and

programs for voters.

Page 113: The power of the courts to declare laws unconstitutional. Judicial Review

The group that decides what business comes up for a vote & what the limitations on debate should be

House Rules Committee

Page 114: The power of the courts to declare laws unconstitutional. Judicial Review

Unrelated amendments added to a bill.

Rider

Page 115: The power of the courts to declare laws unconstitutional. Judicial Review

The system under which committee chairs are awarded to members who

have the longest continuous service on the committee

Seniority

Page 116: The power of the courts to declare laws unconstitutional. Judicial Review

The ability of members of Congress to mail letters to their constituents free

of charge

Franking Privilege

Page 117: The power of the courts to declare laws unconstitutional. Judicial Review

Structures of authority organized around expertise and

specialization.

Bureaucracy

Page 118: The power of the courts to declare laws unconstitutional. Judicial Review

A theory that no one interest group consistently holds political

power.

Pluralist Theory

Page 119: The power of the courts to declare laws unconstitutional. Judicial Review

• An independent expenditure, in elections in the United States, is a political campaign communication that expressly advocates the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with or at the request or suggestion of a candidate, candidate's authorized ...= 527’s

• Citizens United (court case) opened up that Corporations can give unlimited amounts of money to groups.

Page 120: The power of the courts to declare laws unconstitutional. Judicial Review

THE CONSTITUTION• Designed to protect property rights and 

provide control• British desire to manage F&I war debt leads 

America from being allies in 1763 to enemy in 1776 

• Articles of Confederation to weak so need something else (Shay’s proves it)

• The Compromises of 1787 and the Articles• Federalists vs. Anti-Federalists• Marbury and Article III

Page 121: The power of the courts to declare laws unconstitutional. Judicial Review

UNIT II- CIVIL RIGHTS AND CIVIL LIBERTIES

• Civil Liberties are derived from the Bill of Rights and place restrictions on what the Government can do.

• Civil Rights come from the Civil War amendments (13, 14 and 15) and provide protections for citizens.

• Doctrine of Selective Incorporation• First Amendment (5 parts: RSPAP)

Page 122: The power of the courts to declare laws unconstitutional. Judicial Review

UNIT III – THE BRANCHES• Congress: Article 1- Section 8• Congress: Rules and Qualifications• Committees:  Standing (permanent); Joint 

(both houses); Conference (bill reconciliation); Select (temporary)

• Agency oversight and review• Majority Party; Speaker; Rules committee• Pork and Log Rolling / Trustee & Delegate

Page 123: The power of the courts to declare laws unconstitutional. Judicial Review

• THE EXECUTIVE BRANCH – ARTICLE II– Requirements– Powers and limitations– Treaties vs. Executive Agreements– OMB– Agency heads and the power of appointment– Global leader and coalition builder

• Executive Privilege  (“Nixon”)• Inherent Powers (“Lincoln”)• Power of the Media (“Bully Pulpit”)• Enemy Combatant (“Bush”)

Page 124: The power of the courts to declare laws unconstitutional. Judicial Review

• THE JUDICIARY:  ARTICLE III– Three tier system– Supreme Court sets its own docket– Jurisdiction can be limited by Congress– Original vs. Appellate Jurisdiction– Key Terms: Rule of 4; Certiorari; Precedent; Stare 

Decisis;  Amicus Curie; Solicitor General; 

–Majority Opinion ; Concurring Opinion– Judicial Activism– Judicial Restraint

Page 125: The power of the courts to declare laws unconstitutional. Judicial Review

• INTEREST GROUPS– Purpose is to gain access and input– Lobbyist is a representative hired by an interest 

group to push their particular agenda– 3 Big economic interest groups are trade 

associations (ABA); Labor (UAW); Farmers– Largest today are Gun Lobby (nra) and Abortion 

Groups– Key input is on specialized knowledge and 

technical expertise– Growth of PACs and 527’s have changed political 

campaigning forever.

Page 126: The power of the courts to declare laws unconstitutional. Judicial Review

• POLICY (social welfare)– Public policy requires issue recognition; agenda to 

solve; and money– Great Depression– Social Security Act is pay as you go (age, disability, 

and unemployment insurance)– Gov’t has now expanded into food providing and 

education and E.I.C. to replace welfare–Medicare & Medicaid–Means Test / Non Means Test– Entitlement vs. Discretionary Spending

Page 127: The power of the courts to declare laws unconstitutional. Judicial Review

• Policy (economic)–Monetary Policy (Federal Reserve Bank) – raising 

and lowering the interest rate

– Fiscal Policy – taxing and spending.  President creates the budget (OMB) and congress appropriates the funding.

Page 128: The power of the courts to declare laws unconstitutional. Judicial Review

• Policy (foreign)–Washington’s Farewell Address– Presidential Doctrines (Monroe; Roosevelt; 

Truman; Nixon; Carter; Reagan; Bush– Tariffs (nationalism) vs. Globalization– Bretton-Woods Agreement (1945)• IMF; World Bank; Dollar replaces gold • Internationalism/Multilateralism

• NATO; First Strike Capability; SALT TREATIES • ANTI-BALLISTIC TREATY • STAR WARS (Reagan)• WAR POWERS ACT (“Consequence of Vietnam”)