Cheese (cheat sheet) PDF

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One more cheat sheet. "Cheese" was the secret word for that one exam....

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CHEESE +2 Info ab HoR & Senate Eminent domain the right of a government or its agent to expropriate private property for public use, with payment of compensation. Jim Crow laws were state and local laws that enforced racial segregation in the Southern United States. Jerry Brown, 39th Governor of California. US Constitution, Art II, Sec 1: 35+ yrs, natural born citizen, resident of at least 14 yrs. Anti-fed favored citizen legislatures. Federalists favored professional character. For the first 100 yrs most state legislatures were more of the ’citizen’ type – but have ’professionalized’ over time w career politicians. Idea of term limits is to retain ’citizen’ character of legislature. SC: does not keep w/ democratic ideals of the US; Founders viewed the federal courts as the final ”bulwark” against mass threats to principle and property. Judicial Review – SC final say, final authority explaining the Constitution. Fed court power over state decisions is probably essential in maintaining national unity, bc 50 def state interpretations of the meaning of the Constitution or of the laws&treaties of Congress would create unimaginable confusion. At the national level, why should an appointed court’s interpretation of the Constitution prevail over the views of an elected Congress and an elected Pres? Members of Congress/presidents swear to uphold the Constitution, and we can assume that they do not pass laws they believe to be unconstitutional. Bc both houses of Congress and the president must approve laws bf they become effective. Why fed courts allowed such decision? Answer is; the Founders distrusted popular majorities & the elected officials subject to their influence. They believed fov should be prevented from attacking principle & property, whether to do so was the will of the majority or not. So the Founders deliberately insulted the courts from popular majorities; by appointing judges for life terms, they sought to ensure their independence. This way, tthe writers of the Constitution believed, would judges be sufficiently protected from the masses to permit them to judge courageously and responsibly, by the conservative impact of legal training and professional legal attitudes and associations. Ex. order: order issued by Pres to an exec branch – force of law. Ex. priv: Pres’ right to keep confidential communications from other branches of gov. New Deal (Franklin D. Roosevelt): sought relief from the great Depression. Relief, recovery, reform & preventing revolution. 1934: 4 million public jobs at $15/week. Civilian Conservation Corps: transported young men from cities to forest to do conservation work. 1937 Social Sec is created. Programs incl support for farmers, unemployed, youth & elderly. Wanted to ficx wages&hours following the GD. Turned it into a cooperate federalism (not dual). It put Americans to work following the economical collapse. WPA (Works Progress Adm) 85 mil construction jobs. Dual (resp. power separated bw fed gov&state gov). G-in-aid: am. $ given to a local gov, institution or particular

scholar. Block: funds r allocated by way of a formula & based on need. $ given for a fairly broad purpose, few strings attached. Categ. Strict control, specific purpose. New fed: efforts to return power&resp. to states&communities (Nixon). State of Union ad: yearly address (Jan) by Pres to Congress, giving the admins view of the state of the nation and plans for legislation. Pardon: ex. branch; Pres,vice,cabiner. Make/approve official treaties: Legislative! Senate. Ex Agreem: int agr. By exe. Branch w/o ratification by Senate. Not warranting formal treaty, usually reg routine adm matters. If vice-Pres cant serve; Speaker of the House. Imp: charge by HoR that a gov official has commited ’Treason, Bribery, crimes’. Begin imp. Proceedings: Legislative (Senate) 2/3 vote req. 2 Pres impeached: Andrew Johnson, Clinton. DT, Mike Pence, Paul Ryan (speaker of the House). ’Pol patronage’ some1 rewarded for supporting a politician (exchange $ for pol supp). Whistle blower person who informa on a person/org engaged in an illicit activity. Adv/dis fed: allows for gr8er citizen participation – storm city hall easier than Washington DC, dispersing power, prot tyranny, ensures ’tailored’ rep, unites 50 commonwealths under 1 nat gov, while maintaining distinct legislatures, admins, cultures. Decentralizing power puts policy making power in hands of both state & local gov; diversity of needs can be met! NEG: ensures regional inequalities. Disparities nat resources, industry, emp opport. Lack of nat standard/uniformity in rules, programs, licensing: env issues – recyc. Prof lic: doc, lay. Pers lic: marriage, drivers. More bureaucracy (agencies, paperwork, higher costs). States dont nec share identical public policy (+/-). Nec&Proper clause (elastic clause) A section of the US Const that enables Congress to make the laws required for the exercise of its other powers established by the Constitution. Hold hearings or launch investigations both House and Senate. SC justices (judicial br) ”elected” for life. Filibuster jävlas med majoritets partiet ”process used by minority party to stall legislation by the use of endless debate” happens in the SENATE bc they have unlimited debates, House has time limits; cloture vote ends it. Declare war – the legislative branch. Case which est. The Supreme Court’s power of judicial review Marbury v. Madison 1803. Enumerated pwr Cong used to enforce compl w/ civil r. Legislation Interstate commerce clause (lock&load?). CA courts SC (1 chief/6 assoc), Court of Appeals (6 districts), Trial C (58). SC: 14th Amd provided basis to incorp 4th amd to all states Mapp v. Ohio. Pork barrel politics throw $ into things you like just to get YOUR vote. Masses place the most trust The judicial branch (Supreme Court). Pocket veto an indirect veto of a legisl bill by Pres/gov by retaining bill unsigned until its too late for it to be dealt w. Standing committee (where all the power is) permanent spec. com. 20 house, 17 senate. Select com: set up in both House/Senate temporarily, can investigate and make legislation. Joint com: temporary com. That can’t make laws, but can conduct studies/invest. Majority leader House: plan order of businedd on the floor & direct daily bus of the house (sets the agenda & oversees committee chairmen). Minority leader: leader of the minority party in the House, presents interests by consulting w the Speaker & majority leader over the scheduling of bills&rules for floor action. Whip party whips are assistants to the Maj and Min leaders. Communicates the party position to the membership and keeps the leaders informed of members’ views. Party members who coordinate legislative strategy; build support for key issues; count votes (also pressure the undecided). Signing statements a refusal to enforce certain sections of a law. Pres cabinet vice + heads of 15 executive departments – secretaries of agriculture, commerce, defense, edu, energy, health&human services, homeland security, housing&urban development, interior, labor, state, transportation, treasury, veteran affairs + Attorney General (head of dep of Justice, top law enforcement

officer & lawyer for the gov) Jefferson Beauregard. Kitchen cab: a group of unofficial advisers to the head of a gov. Third house conference committee (works out differences the House and Senate may have on a bill, both must agree on a version before a bill can be sent to Pres), temp joint committee? They decide on whether legislation lives or dies, for Congress to even vote on a bill or not. War Powers Resolution 1973 Act that was passed to limit the power of the president to deploy military forces w/o the consent of Congress i.e. Vietnam war. Bureaucracy a system of gov w/ most imp decisions r made by state officials rather than elected representatives. ’amicus curiae brief’ some1 who doesnt encessarily belong to a party, who assists a court by offering info, expertise, or insight that has a bearing on the issues in the case, is typically presented in the form of a brief. Court decides whether or not to consider an amicus brief. Judicial review SC has final say – (Art III), final authority on exp the Constitution; in conflict b/w courts and exec/states/congress. Judicial activism lean toward interpretation – spirit of the law. Judicial rulings that r based on modern, relevant interpretation of existing law or, when applicable, the Constitution. Judicial restraint strict constructionists – letter of the law. Justices should avoid personal philosophy /ideology in decision-making. Justices should not set policy via case law (except that they do). Case law – law as established by the outcome of former cases. Theory of judicial interpretation the encourages judges to limit the exercise of their own power. Asserts that judges should hesitate to strike down laws unless they are obv unconstitutional, though what counts as obv unconst. Is itself a matter of some debate. Strict construction literal interpretation of a statute or document by a court. Congress override a veto by 2/3 vote of both houses (each Chamber). Rule of 4 refusing to hear cases is a higher court’s option – but minority 4/9 can make the choice. Senate’s ’nuclear option’ procedure allowing the Senate to override a rule – specifically the 60-vote rule to close debate – by a majority of 51 votes, rather than two-thirds normally req to amend the rules. Incumbent current holder of a political office/post. Expressed pwr 27 exp pwrs of Congress listen in Art I Sec 8 of the Constitution grant the legislative branch a huge amount of authority over American national policy, foreign & domestic. (pwr to tax, borrow $, regulate commerce¤cy, declare war, raise armies&maintain the navy) – these powers give Congress the authority to set policy on the most basic matters of war & peace. Implied pwrs ”underförstått att Cong. Har rätt att fatta beslut som inte är bokstavligt skrivna. Art I sec 8 Clause 18 ”Necessary & Proper Clause”. Congressional oversight Congress looking over Exec branch, incl some U.S. fed agencies. Includes review, monitoring, supervision of fed agencies, programs, activities & policy implementation. Congress exercises this power largely through its congressional committee system. Both house&senate. Can launch investigations, order a subpoena, hold public hearings, inform the public, & assist constituents. Common law tidigare dom som lag. Unwritten laws based on precedents established by the courts. Cloture vote limit debate by the Senate. 16 members’ signs on a petition will bring cloture to a vote, then 60 votes are needed to end debate (filibuster). What crime did Miranda commit? Ki dnappi ng&r apeofan18y owoman.’Miranda’ r andav .Ar i z ona,cr i mi nals uspec t smus tbei nf or medoft hei rr i ghtagai ns ts el f warning law Mi i ncr i mi nat i onandt hei rr i ghtt oc onsul twi t hanat t or neybef or ebei ngques t i onedbypol i c e.Thi s war ni ngi sk nownasaMi r andawar ni ng.

Short answers:

Term limits: restrict the # of terms of office and office holder may hold and applies to many offices at both fed/state level. Fresh ideas, more modern, relevant interpretation and perspective of things. Same thing as why a term limit for Supreme Court justices could be a good idea. Keep them on the toes (Pres) and ’forced’ to think more ab what the public wants rather than just yourelf, to be re-elected. Allow for more people to apply for the job. Disadvantages are lack of experience. Trial and error may lead to growth and just when a Pres (example) have started to get their feet wet, they’re out again. Crafting legislative proposals is a skill, but not one you learn overnight. Inexp members are not always the best choice to go w when it comes to widespread, lasting effects. Makes it hard to develop loyal, meaningful relationship w colleagues (House, Senate). Not motivated to develop and grow knowledge, not valuable in a few short yrs. ”Kicking out popular and competent lawmakers simply because their time runs out ultimately results in a bad return on the investment of time spent learning and mastering the ins and outs of policymaking in Congress.” Gerrymandering: North Carolina gerrymandering & Wisconsin Partisan Gerrymandering Case The creation of bizarrely shaped electoral districts for partisan advantage. Drawing legislative district boundary lines for the purpose of obtaining voting advantage. The goal is to win the voting by stacking each district w majority of their party so they win the voting. Its basically fixing the results. Or cheating. Which is why it is controversial, and yet - currently - there is no law against gerrymandering, but the current Wisconsin’s partisan gerrymandering case could change that. Partisan gerrymandering involves manipulating the size and shape of electoral districts in order to favor one political party over the other. Gerrymandering occurs when voting districts are redrawn to benefit one party over another in elections, forcing the other side to “waste” votes. For example, someone drawing district lines might cluster opposition party voters together in one district in order to concentrate their votes so that they influence only a few seats. Or it could mean grouping those opposition voters into districts where the other party has a lock on power—making it very difficult for the opposing party to win elections there. Now, with the assistance of software, state legislators are able to control gerrymandering or who ends up in a particular district with more precision than ever before. Republicans tend to employ the practice more than the other. ”Elbridge Gerry, a founding father, the fifth vice president of the United States, and the governor of Massachusetts, who signed a bill that created the first curiously misshapen district in the state designed to elect DemocraticRepublicans over Federalists in 1812.” • Want the majority of voters to be a political/ideological match • Republicans mostly. here the party in power draws voting districts to give itself a lopsided advantage in elections.

Recall: Citizens can’t recall federally elected officials like members of the US Congress or the President, but they have the power to take back their vote through a recall election as far as removing an elected official from office by having sufficient voters sign a petition – basically by having a dir vote – if they aren’t happy with the

representative, & remove that official from offive bf that official’s term ends. Works as a check on sovereign pwr of elected officials. The 2003 California gubernatorial recall election was a special election permitted under California state law. It resulted in voters replacing incumbent Democratic Governor Gray Davis with Republican Arnold Schwarzenegger. Ballot Initiative a form of direct democracy. process gives California citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature. A simplified explanation of the initiative process follows. Write text, prop law (initiative draft); submit initiative draft to Att Gen for official title and summary. Initi. Petitions are circulated to collect enough signatures from registered voters. Signatures r turned into county election officials for verification. Init will either b qual. For Ballot/failed by the Sec of State, after verifications&deadline dates. Cali voters will approve or deny the qualified Ballot Initiative. apet i t i ons i gnedbyac er t ai nmi ni mum numberofr egi s t er edv ot er sc anbr i ngabouta publ i cv ot eonapr opos edst at ut eorc ons t i t ut i onal amendment . ”an electoral device whereby voters, through the use of a petition, may place a proposed measure on the ballot for adoption or rejection by the electorate of a state, bypassing the legislature.” Referendum: Article II, Section 9, of the California Constitution provides for the referendum process in California. Ref can qualify for the statewide ballot up to 31 days before an election (unlike initiatives which must qualify 131 days before).The Ref is a device by which the electorate must approve either a devision of the legislature or a citizen-proposed initiative before it becomes law. The initiative and the referendum go hand in hand to allow citizens to directly alter the laws or constitution of their state. Logrolling: vote trading, exchanging (votes), reciprocal voting for each other's proposed legislation. In Congress & many other legislative assemblies in which 2+ legislators agree for each to trade his vote on one bill he cares little ab in exchange for the other’s vote on a bill that’s personally much more important to him. our leadership requests a specific legislation, and our politicians agree to the request if the leadership includes his project. Farm Bill/ObamaCare. Federal mandates: issued to meet a goal of the fed gov. Direct orders to state and local governments to perform a particular activity or service to comply with federal at ec ompl ai nt saboutf eder albl ac kmai l , laws in the performance of their functions. St e. g. ,i fast at edoes n' tcompl ywi t ht heCl eanAi rAc tst andar ds ,f eder alf undsc anbe wi t hhel di not herpr ogr ams .Americans with Disabilities Act. Financial burdens, esp. with unfunded mandates, e.g., ADA has imposed large costs upon states as they make "reasonable accommodations" for the disabled....