Section 1

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Explain how public opinion affects politics and policy making. Should it?

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Cards (127)

Section 1

(50 cards)

Explain how public opinion affects politics and policy making. Should it?

Front

Bills passed by a majority of elected representatives do not necessarily reflect the opinion of a majority of citizens.

Back

Discuss the political and economic weaknesses in the Articles of Confederation. Explain how trade wars and events like Shay's rebellion expose some of these weaknesses.

Front

First, they did not give the national government the power to tax. As a result, the congress had to plead for money from the states to pay for the war and carry on the affairs of the new nation. A government that cannot reliably raise revenue cannot expect to govern effectively. Second, the Articles made no provision for an independent leadership position to direct the government (the president was merely the presiding officer of the congress). The omission was deliberate—the colonists feared the reestablishment of a monarchy—but it left the nation without a leader. Third, the Articles did not allow the national government to regulate interstate and foreign commerce. Fourth, the Articles could not be amended without the unanimous agreement of the congress and the assent of all the state legislatures; thus, each state had the power to veto any changes to the confederation.

Back

Discuss and explain the 'Necessary and Proper Clause' (or 'Elastic Clause') in Article I of the Constitution. Discuss how it allows "implied powers"?

Front

The last clause in Section 8, known as the necessary and proper clause (or the elastic clause), gives Congress the means to execute the enumerated powers. This clause is the basis of Congress's implied powers—those powers that Congress needs to execute its enumerated powers. Implied powers clearly expand the enumerated powers conferred on Congress by the Constitution.

Back

Discuss the role George Washington played in resolving the Federalist/Anti-Federalist movement.

Front

Many states agreed to ratify the Constitution only after George Washington suggested adding a list of guarantees through the amendment process. Collectively, the ten amendments are known as the Bill of Rights. They restrain the national government from tampering with fundamental rights and civil liberties, and emphasize the limited character of the national government's power.

Back

Explain the Formal Amendment Process.

Front

The amendment process has two stages, proposal and ratification. Amendments can be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a national convention, summoned by Congress at the request of two-thirds of the state legislatures. A proposed amendment can be ratified by a vote of the legislatures of three-fourths of the states or by a vote of constitutional conventions held in three-fourths of the states. Congress chooses the method of ratification. Congress may, in proposing an amendment, set a time limit for its ratification (7 years).

Back

Define 'Direct Democracy'. Give some examples.

Front

Small, simple societies can have a direct or participatory democracy, in which all members of the group, rather than representatives they elect to govern on their behalf, meet to make decisions, observing political equality and majority rule. For example, in Birmingham, Alabama; Dayton, Ohio; Portland, Oregon; and St. Paul, Minnesota, each area of the city is governed by a neighborhood council. The neighborhood councils have authority over zoning and land use questions, and they usually control some funds for the development of projects within their boundaries. All adult residents of a neighborhood may participate in the neighborhood council meetings, and the larger city government respects their decisions.

Back

Discuss the time periods and differences between Dual Federalism and Cooperative Federalism.

Front

First, the national government rules by enumerated powers only. Second, the national government has a limited set of constitutional purposes. Third, each government unit—nation and state—is sovereign within its sphere. And, fourth, the relationship between nation and states is best characterized by tension rather than cooperation. Under dual federalism, the functions and responsibilities of the national and state governments are theoretically different and practically separate from each other. Cooperative Federalism acknowledges the increasing overlap between state and national functions and rejects the idea of separate spheres, or layers, for the states and the national government. Cooperative federalism has three elements. First, national and state agencies typically undertake government functions jointly rather than exclusively. Second, the nation and states routinely share power. And third, power is not concentrated at any government level or in any agency; the fragmentation of responsibilities gives people and groups access to many venues of influence.

Back

Identify and describe the major purposes of government. Which are most controversial and why?

Front

Throughout history, government has served two major purposes: maintaining order (preserving life and protecting property) and providing public goods. More recently, some governments have pursued a third purpose, promoting equality, which is more controversial. Of the three objectives, providing for public goods usually is less controversial than maintaining order or promoting equality. After all, government spending for highways, schools, and parks carries benefits for nearly every citizen. Moreover, services merely cost money. The cost of maintaining order and promoting equality is greater than money; it usually means a trade-off in basic values.

Back

Explain how the 'Supremacy Clause,' 'Enumerated Powers,' 'Reserved Powers,' and the 'Full Faith and Credit Clause' establish Federalism.

Front

Supremacy clause is the clause in Article VI of the Constitution that asserts that national laws take precedence over state and local laws when they conflict. Enumerated Powers implies that certain powers are delegated to Congress and the rest of the power lays with the states. The powers that are not specifically written down and delegated to Congress are called Reserved Powers. Full Faith and Credit clause addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

Back

Discuss specifically, what 3 powers are being separated in the principle of 'separation of powers.'

Front

The legislature makes laws. The executive enforces laws. The judicial interprets laws.

Back

Explain how the US Constitution was ratified.

Front

Nearly four months after the Constitutional Convention opened, the delegates convened for the last time, on September 17, 1787, to sign the final version of their handiwork. Before it could take effect, the Constitution had to be ratified by a minimum of nine state conventions. The support of key states was crucial. In Pennsylvania, however, the legislature was slow to convene a ratifying convention. Pro-Constitution forces became so frustrated at this dawdling that they broke into a local boardinghouse and hauled two errant legislators through the streets to the statehouse so the assembly could schedule the convention. Then broke out the debates between the Federalists and Anti-Federalists. They decided to all ratify the Constitution when the Bill of Rights was written.

Back

Explain the fundamental values of American democracy. How are these values depicted in the 2 dilemmas of government?

Front

The fundamental values of American democracy are liberty, equality, and justice. The two major dilemmas facing American government early in the twenty-first century stem from the oldest and the newest objectives of government: maintaining order (justice) and promoting equality. The government cannot pursue either without giving freedom (liberty).

Back

Explain how equality of opportunity, equality of outcome, and political equality differ. Provide examples.

Front

Political Equality: Through occupation or wealth, some citizens are more able than others to influence political decisions. For example, wealthy citizens can exert influence by advertising in the mass media or by contacting friends in high places. Lacking great wealth and political connections, most citizens do not have such influence. Equality of opportunity means that each person has the same chance to succeed in life. The U.S. Constitution prohibits titles of nobility and does not make owning property a requirement for holding public office. Public schools and libraries are open to all. Equality of Outcome: It is not enough that governments provide people with equal opportunities; they must also design policies that redistribute wealth and status so that economic and social equality are actually achieved. Equality of outcome has led to federal laws that require comparable funding for men's and women's college sports.

Back

Explain the differences between capitalism and socialism.

Front

Capitalism supports free enterprise—private businesses operating without government regulation. Under socialism, the scope of government extends to ownership or control of the basic industries that produce goods and services.

Back

Describe the relationship between the right to vote, popular sovereignty, and Republicanism (or a republic).

Front

Republicanism is a form of government in which power resides in the people and is exercised by their elected representatives. The states didn't like this because they wanted to keep their popular sovereignty. This discussion was settled by the fact that the states could vote on what they wanted.

Back

Discuss what persuaded the Anti-Federalists to drop their opposition to the US Constitution.

Front

The Anti-federalists wanted additional separation of powers and additional checks and balances, which they maintained would eliminate the threat of tyranny entirely. The Federalists believed that such protections would make decisive national action virtually impossible. But to ensure ratification, they agreed to a compromise.

Back

Discuss how anarchism, liberalism, and totalitarianism each view the role of government.

Front

Anarchism stands opposite totalitarianism on the political continuum. Anarchists oppose all government in any form. As a political philosophy, anarchism values absolute freedom. Anarchism as a philosophy views government as an unnecessary evil. Liberalism evolved from the root word liberal in the sense of "freely," like a liberal serving of butter. Liberals see a positive role for government in helping the disadvantaged. Over time, liberal has come to mean something closer to generous, in the sense that liberals (but not libertarians) support government spending on social programs. Totalitarianism is the belief that government should have unlimited power. A totalitarian government controls all sectors of society: business, labor, education, religion, sports, and the arts. A true totalitarian favors a network of laws, rules, and regulations that guides every aspect of individual behavior. The object is to produce a perfect society serving some master plan for "the common good."

Back

Explain the Virginia Plan and the New Jersey Plan as well as key differences. Explain how those differences were resolved in the Great Compromise.

Front

By proposing a powerful national legislature that could override state laws, the Virginia Plan clearly advocated a new form of government. It was to have a mixed structure, with more authority over the states and new authority over the people. Virginia plan advocated two legislative houses of which membership would be based on population. New Jersey plan advocated one legislative house, membership in which would be equal for all states. The New Jersey Plan included the following proposals: That a single-chamber legislature have the power to raise revenue and regulate commerce. That the states have equal representation in the legislature and choose its members. That a multiperson executive be elected by the legislature, with powers similar to those proposed under the Virginia Plan but without the right to veto legislation. That a supreme tribunal be created, with a limited jurisdiction. (There was no provision for a system of national courts.) That the acts of the legislature be binding on the states—that is, that they be regarded as "the supreme law of the respective states," with the option of force to compel obedience. The Virginia Plan included the following proposals: That the powers of the government be divided among three separate branches: a legislative branch, for making laws; an executive branch, for enforcing laws; and a judicial branch, for interpreting laws. That the legislature consist of two houses. The first would be chosen by the people, the second by the members of the first house from among candidates nominated by the state legislatures. That each state's representation in the legislature be in proportion to the taxes it paid to the national government or in proportion to its free population. That an executive, consisting of an unspecified number of people, be selected by the legislature and serve for a single term. That the national judiciary include one or more supreme courts and other, lower courts, with judges appointed for life by the legislature. That the executive and a number of national judges serve as a council of revision, to approve or veto (disapprove) legislative acts. Their veto could be overridden by a vote of both houses of the legislature. That the scope of powers of all three branches be far greater than that assigned the national government by the Articles of Confederation and that the legislature be empowered to override state laws. The Great Compromise: Representation in the House of Representatives would be apportioned according to the population of each state. Initially, there would be fifty-six members. Revenue-raising acts would originate in the House. Most important, the states would be represented equally in the Senate, with two senators each. Senators would be selected by their state legislatures, not directly by the people.

Back

Article I

Front

It grants substantial but limited legislative power to Congress. It defines the bicameral (two-chamber) character of Congress and describes the internal operating procedures of the House of Representatives and the Senate. Section 8 of Article I articulates the principle of enumerated powers, which means that Congress can exercise only the powers that the Constitution assigns to it. The last clause in Section 8, known as the necessary and proper clause (or the elastic clause), gives Congress the means to execute the enumerated powers. This clause is the basis of Congress's implied powers—those powers that Congress needs to execute its enumerated powers.

Back

Supremacy Clause

Front

Article VI; specifically subordinates state law to national law and charges every government official with disregarding state laws that are inconsistent with the Constitution, national laws, or treaties.

Back

How long did it take for the Bill of Rights to be ratified?

Front

The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.

Back

Discuss what kinds of events and forces have played a role in expanding the power of the Federal Government relative to the States.

Front

The Constitution's inherent ambiguities about federalism, some of which we have discussed already, generate constraints but also opportunities for politicians, citizens, and interest groups to push ideas that they care about. Second, because of this flexibility, both elected and appointed officials across levels of government often make policy decisions based on pragmatic considerations without regard to theories of what American federalism should look like. In sum, politics and policy goals rather than pure theoretical or ideological commitments about federalism tend to dominate decision making. Third, there is a growing recognition among public officials and citizens that public problems cut across governmental boundaries. The greatest change has come about in times of crisis and national emergencies, such as the Civil War; the world wars; the Great Depression; the aftermath of September 11, 2001; and the recession beginning in 2008.

Back

Define and describe the time period and characteristics of Coercive Federalism.

Front

A view holding that the national government may impose its policy preferences on the states through regulations in the form of mandates and restraints

Back

Define Majoritarian democracy (Majoritarianism) and describe its basic concepts.

Front

The mass public—not interest groups—controls government actions. The citizenry must therefore have some understanding of government and be willing to participate in the electoral process. Political parties like republicans and democrats are extremely different. Voters are either on one side or the other.

Back

Interstate Commerce Clause

Front

Article I, Section 8 gives Congress the power to regulate interstate commerce.

Back

Explain Thomas Jefferson's ideas on unalienable rights and the Social Contract Theory as found in the Declaration of Independence. Explain how Thomas Jefferson was influenced by John Locke.

Front

Locke argued that people have God-given, or natural, rights that are inalienable—that is, they cannot be taken away by any government. According to Locke, all legitimate political authority exists to preserve these natural rights and is based on the consent of those who are governed. The idea of consent is derived from social contract theory, which states that the people agree to establish rulers for certain purposes, but they have the right to resist or remove rulers who violate those purposes. The major premise of the Declaration of Independence is that the people have a right to revolt if they determine that their government is denying them their legitimate rights.

Back

Article III

Front

The Constitution established the Supreme Court as the highest court in the land. Unless they are impeached, federal judges serve for life. They are appointed to indefinite terms "during good behavior," and their salaries cannot be reduced while they hold office. Congress exercises a potential check on the judicial branch through its power to create (and eliminate) lower federal courts. Congress can also restrict the power of the federal courts to decide cases. And the president appoints, with the advice and consent of the Senate, the justices of the Supreme Court and the judges of the lower federal courts.

Back

Explain how Elite Theory differs from the Majoritarian and Pluralist models.

Front

According to elite theory, important government decisions are made by an identifiable and stable minority that shares certain characteristics, particularly vast wealth and business connections. (The government is run by rich people. This differs from the Majoritarian model because elite theorists feel that few people should run the government instead all of the citizens like Majoritarianism. The pluralist theory think interest groups should rule; this leads to protecting minorities.

Back

Discuss how the failure of the Articles of Confederation led to the US Constitution.

Front

Order, the original purpose of government, was breaking down under the Articles of Confederation. In 1786, Virginia invited the states to attend a convention at Annapolis, Maryland, to explore revisions aimed at improving commercial regulation. The meeting was both a failure and a success. Only five states sent delegates, but they seized the opportunity to call for another meeting—with a far broader mission—in Philadelphia the next year. Within the first week, Edmund Randolph of Virginia had presented a long list of changes, suggested by fellow Virginian James Madison, that would replace the weak confederation of states with a powerful national government rather than revise it within its original framework. The delegates unanimously agreed to debate Randolph's proposal, called the Virginia Plan. Almost immediately, then, they rejected the idea of amending the Articles of Confederation, working instead to create an entirely new constitution.

Back

Explain the main arguments between the Federalists and Anti-Federalists during the ratification of the US Constitution.

Front

The proponents of the new charter, who wanted a strong national government, called themselves Federalists. The opponents of the Constitution were quickly dubbed Anti-federalists.

Back

Explain how the Federal Government uses grants-in-aid, mandates, and preemption to force the policy choices of state and local government.

Front

A grant-in-aid is money paid by one level of government to another level of government to be spent for a given purpose. Most grants-in-aid come with standards or requirements prescribed by Congress. Many are awarded on a matching basis; that is, a recipient government must make some contribution of its own, which the national government then matches. Preemption is the power of Congress to enact laws by which the national government assumes complete or partial responsibility for a state government function. A mandate is a requirement that a state undertake an activity or provide a service, in keeping with minimum national standards.

Back

Article V

Front

Article V specifies the methods for amending (changing) the Constitution and guarantees equal state representation in the Senate.

Back

Which economic policy would libertarians support and why?

Front

Laissez faire, a French phrase that means "let (people) do (as they please)." (They oppose any government intervention in the economy) Libertarians grudgingly recognize the necessity of government but believe that it should be as limited as possible and should not promote either order or equality.

Back

Article VII

Front

Article VII describes the ratification process, stipulating that approval by conventions in nine states would be necessary for the Constitution to take effect.

Back

Explain how the decision in the Supreme Court case McCullough v. Maryland illustrated the powers associated with the 'Necessary and Proper' Clause (or Elastic Clause).

Front

The Court was asked to decide whether Congress had the power to establish a national bank and, if so, whether states had the power to tax that bank. In a unanimous opinion that Marshall authored, the Court conceded that Congress had only the powers conferred on it by the Constitution, which nowhere mentioned banks. However, Article I granted Congress the authority to enact all laws "necessary and proper" to the execution of Congress's enumerated powers. Arguing that "the power to tax involves the power to destroy," Marshall insisted that a state could not tax the national government because the bank represents the interests of the whole nation; a state may not tax those it does not represent. Therefore, a state tax that interferes with the power of Congress to make law is void.Footnote Marshall was embracing cooperative federalism, which sees a direct relationship between the people and the national government, with no need for the states to act as intermediaries.

Back

Full Faith and Credit Clause

Front

Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.

Back

Define Pluralist democracy (Pluralism) and describe it's basic concepts.

Front

Pluralism does not demand much knowledge from citizens in general. It requires specialized knowledge only from groups of citizens, in particular their leaders. In contrast to majoritarian democracy, pluralist democracy seeks to limit majority action so that interest groups can be heard. It relies on strong interest groups and a decentralized government structure—mechanisms that interfere with majority rule, thereby protecting minority interests. We could even say that pluralism allows minorities to rule. Democracy exists when many (plural) organizations operate separately from the government, press their interests on the government, and even challenge the government.

Back

Identify and discuss the 4 elements that form the foundation of the American political tradition in the Preamble of the US Constitution.

Front

It creates a people: "We the people of the United States" was a dramatic departure from a loose confederation of states. It explains the reason for the Constitution: "in order to form a more perfect Union" was an indirect way of saying that the first effort, the Articles of Confederation, had been inadequate. It articulates goals: "[to] establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity"—in other words, the government exists to promote order and freedom. It fashions a government: "do ordain and establish this Constitution for the United States of America."

Back

Explain how checks and balances work.

Front

Checks and balances is a means of giving each branch of government some scrutiny of and control over the other branches. The aim is to prevent the exclusive exercise of certain powers by any one of the three branches.

Back

Privileges and Immunities Clause

Front

Amendment 14, Section 1; No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.

Back

Define sovereignty and explain how it is threatened in our globalized world.

Front

Sovereignty means that each national government has the right to govern its people as it wishes, without interference from other nations. Consider the international community's concern with former Libyan dictator Moammar Gadhafi's military repression of political protests in 2011. His actions prompted the North Atlantic Treaty Organization (NATO) to establish a no-fly zone over Libya, shooting down Libyan planes and destroying Gadhafi's armor units. Ignoring Gadhafi's claims that NATO blatantly violated Libya's sovereignty, the International Criminal Court issued warrants for the arrest of Gadhafi, his son, and his intelligence chief for crimes against humanity. After a few weeks, Gadhafi was captured and killed, and the rebels took over the government. (We're basically able to know every single thing that's going on in every country and feel like we can take control.

Back

Article II

Front

Article II grants executive power to a president. The article establishes the president's term of office, the procedure for electing the president by means of electors, the qualifications for becoming president, and the president's duties and powers. The last include acting as commander in chief of the military; making treaties (which must be ratified by a two-thirds vote in the Senate); and appointing government officers, diplomats, and judges.

Back

Article IV

Front

Article IV requires that the judicial acts and criminal warrants of each state be honored in all other states, and it forbids discrimination against citizens of one state by another state. Article IV also allows the addition of new states and stipulates that the national government will protect the states against foreign invasion and domestic violence.

Back

How do the terms libertarianism, liberalism, and liberals differ? In what ways are these terms similar?

Front

Libertarianism: A political ideology that is opposed to all government action except as necessary to protect life and property. Liberalism: The belief that states should leave individuals free to follow their individual pursuits. Liberals: Those who are willing to use government to promote equality but not order. While both liberalism and libertarianism leave citizens free to pursue their private goals, libertarianism treats freedom as a pure goal; it's liberalism on steroids.

Back

Explain how Majoritarianism and Pluralism disagree on the role of public opinion.

Front

According to the classic majoritarian model, the government should do what a majority of the public wants. In contrast, pluralists argue that the public as a whole seldom demonstrates clear, consistent opinions on the day-to-day issues of government. At the same time, pluralists recognize that subgroups within the public do express opinions on specific matters—often and vigorously. The pluralist model requires that government institutions allow the free expression of opinions by these "minority publics." The majoritarian model assumes that a majority of the people holds clear, consistent opinions on government policy. The plural-ist model assumes that the public is often uninformed and ambivalent about specific issues, and opinion polls frequently support that claim.

Back

Identify and describe the 4 basic principles of the US Constitution and in which Articles/sections and Amendments they are located. (Republicanism, Separation of Powers, Federalism, Checks and Balances)

Front

Republicanism is a form of government in which power resides in the people and is exercised by their elected representatives (Preamble and Article I). Separation of powers is the assignment of lawmaking, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches, respectively (Articles I, II, III). Federalism is the division of power between a central government and regional governments. Citizens are thus subject to two different bodies of law. On the one side is unitary government, in which all power is vested in a central authority. On the other side stands confederation, a loose union of powerful states. In a confederation, the states surrender some power to a central government but retain the rest (10th Amendment). Checks and balances is a means of giving each branch of government some scrutiny of and control over the other branches. The aim is to prevent the exclusive exercise of certain powers by any one of the three branches (Articles I, II, III).

Back

Define and describe 'Indirect Democracy' or Representative Democracy.

Front

Representative democracy is a system in which citizens participate in government by electing public officials to make decisions on their behalf. Elected officials are expected to represent the voters' views and interests. The elected representatives might not make the decisions the people would have made had they gathered for the same purpose. To account for this possibility in representative government, procedural theory provides a fourth decision-making principle: responsiveness. Elected representatives should respond to public opinion—what the majority of people wants. Responsiveness means following the general contours of public opinion in formulating complex pieces of legislation.

Back

Article VI

Front

An important component of Article VI is the supremacy clause, which asserts that when the Constitution, national laws, and treaties conflict with state or local laws, the first three take precedence over the last two. Article VI requires that all national and state officials, elected or appointed, take an oath to support the Constitution. The article also mandates that religious affiliation or belief cannot be a prerequisite for holding government office.

Back

Identify and describe the core arguments in the Federalist Papers #10 and #51.

Front

#10: James Madison argued that the proposed constitution was designed "to break and control the violence of faction." What Madison called factions are today called interest groups or even political parties. The purpose of Federalist No. 10 was to demonstrate that the proposed government was not likely to be dominated by any faction. #51: He argued that the separation of powers and checks and balances would control efforts at tyranny from any source. If power is distributed equally among the three branches, he argued, each branch will have the capacity to counteract the others.

Back

Explain the different types of local governments.

Front

Most states have at least two tiers of local government: counties and municipalities. In some states, counties are divided into townships. There are several different types of jurisdictions at the municipal level, including the city, town, borough, and village.

Back

Section 2

(50 cards)

Explain why America has a 2 party system.

Front

In the typical U.S. election, two or more candidates contest each office, and the winner is the single candidate who collects the most votes, whether those votes constitute a majority or not. That rule tends to put only two candidates in the ring in the first place, resulting in the inherent instability of three-party systems. After more than one hundred years of political socialization, the two parties today have such a head start in structuring the vote that they discourage challenges from new parties. Third parties still try to crack the two-party system from time to time, but most have had little success. In truth, the two parties in power also write laws that make it hard for minor parties to get on the ballot, such as requiring petitions with thousands of signatures.

Back

Explain how the Supreme Court's 2010 decision in the Citizens United case led to increased spending in federal election campaigns.

Front

The Citizens United ruling, released in January 2010, tossed out the corporate and union ban on making independent expenditures and financing electioneering communications. It gave corporations and unions the green light to spend unlimited sums on ads and other political tools, calling for the election or defeat of individual candidates.

Back

Explain the steps to be elected to Congress (the Senate & House of Representatives).

Front

Every two years, voters elect all of the members of the House and one-third of the Senate. Although the Constitution lays out certain rules about how members of Congress should be elected, the states determine the details of elections, such as who can vote, how the votes will be counted, and the appearance of the ballots. There are three types of congressional elections: primary elections, general elections, and special elections.

Back

Explain how the electoral college facilitates a federal election of the president.

Front

The presidential election is a federal election. A candidate is not chosen president by national popular vote but by a majority of the states' electoral votes. In every state but Maine and Nebraska, the candidate who wins a plurality of its popular vote—whether by 20 votes or 20,000 votes—wins all of the state's electoral votes. The Constitution specifies that a candidate needs a majority of electoral votes, or 270 today, to win the presidency. If no candidate receives a majority, the election is thrown into the House of Representatives. The House votes by state, with each state casting one vote.

Back

Explain what distinguishes conventional participation from unconventional political participation.

Front

Conventional participation is a relatively routine behavior that uses the established institutions of representative government, especially campaigning for candidates and voting in elections. Unconventional participation is a relatively uncommon behavior that challenges or defies established institutions or the dominant culture (and thus is personally stressful to participants and their opponents).

Back

Explain "battleground states" in presidential elections and discuss why they are important.

Front

Both sides also understood that a presidential election was not truly a national election to be fought across the nation but a federal election whose outcome would be decided in certain "battleground" or "swing" states. A US state where the two major political parties have similar levels of support among voters, viewed as important in determining the overall result of a presidential election.

Back

Explain why the Founders created a bicameral Congress (bicameralism).

Front

During the drafting of the Constitution, small states wanted all the states to have equal representation, and more populous states wanted representation based on population. The Great Compromise broke the deadlock: small states would receive equal representation in the Senate, but the number of each state's representatives in the House would be based on population and the House would have the sole right to originate revenue-related legislation.

Back

Explain these 5 functions of interest groups: Representation, participation, education, agenda building, program monitoring.

Front

Interest groups represent people before their government. Interest groups are vehicles for political participation. They provide a means by which like-minded citizens can pool their resources and channel their energies into collective political action. Interest groups not only facilitate participation; they stimulate it as well. By asking people to write to their member of Congress or take other action, lobbies get people more involved in the political process than they otherwise would be. Interest groups help educate their members, the public at large, and government officials. To gain the attention of the policymakers they are trying to educate, interest groups need to provide them with information that is not easily obtained from other sources. Interest groups bring new issues into the political limelight through a process called agenda building. Lobbies follow government programs that are important to their constituents, keeping abreast of developments in Washington and the communities where the policies are implemented. When a program is not operating as it should, concerned interest groups push administrators to change it in ways that promote the groups' goals. They draw attention to agency officials' transgressions and even file suit to stop actions they consider unlawful.

Back

Explain what is meant by the "standard socioeconomic model" (SES) for explaining political participation.

Front

This relationship between socioeconomic status and conventional political involvement is called the standard socioeconomic model of participation. People with more education, higher incomes, and white-collar or professional occupations tend to be more aware of the effect of politics on their lives, to know what can be done to influence government actions, and to have the necessary resources (time and money) to take action. So they are more likely to participate in politics than are people of lower socioeconomic status.

Back

Define political socialization. What are the key principles? Who are the key agents in this process?

Front

A complex process through which individuals become aware of politics, learn political facts, and form political values. The primacy principle: What is learned first is learned best. The structuring principle: What is learned first structures later learning. Because most people learn first from their family, the family tends to be an important agent of early socialization. According to some researchers, schools have an influence on political learning that is equal to or greater than that of parents. Community and peers.

Back

Identify the major eras in the development of US political parties. Discuss key events in each phase.

Front

The critical election of 1860 established the Democratic and Republican parties as the dominant parties in our two-party system. Antislavery forces recommended the formation of a new party, the Republican Party, to oppose the extension of slavery into the Kansas and Nebraska territories. This party, founded in 1854, continues as today's Republican Party.

Back

Identify and describe the formal powers explicitly granted to the President in Article II of the Constitution.

Front

Serve as administrative head of the nation. Act as commander in chief of the military. Veto legislation. Appoint various officials. Make treaties.

Back

Identify and describe the powers of the Vice President.

Front

The most important duty of the vice president is to take over the presidency in the event of presidential death, disability, impeachment, or resignation. Vice presidents have traditionally carried out political chores—campaigning, fundraising, and "stroking" the party faithful.

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Identify where the 'Enumerated' and 'Implied' Powers of Congress are located. What are 'Enumerated' and 'Implied' Powers?

Front

Article 1, Section 8. Enumerated powers: The powers explicitly granted to Congress by the Constitution. Implied powers: Those powers that Congress needs to execute its enumerated powers.

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Identify and describe what media format most Americans currently us to get the news.

Front

According to one recent report, 66 percent of Americans name network or cable television as their primary source for news. People under 30 mostly get it from the internet.

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Define and discuss divided government. Explain how 'Gridlock' is related to Divided Government. Discuss the political implications of Divided Government and Gridlock.

Front

Divided Government: The situation in which one party controls the White House and the other controls at least one house of Congress. The working hypothesis about divided government and gridlock is that when opposing parties control the institutional levers of power in the American system of separated powers, gridlock will naturally follow as both parties see a chance to enact their preferences and hence they press their advantage. Nothing gets done because the President and Congress can't reach a consensus.

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Identify and describe the major differences between Democratic and Republican Party platforms with respect t freedom, order, and equality.

Front

The Republicans mentioned "free" or "freedom" more than three times as often (73 to 19), while the Democrats referred to "equal" or "equality" or "inequality" more than four times as much (23 to 4). Republicans talked more about order than Democrats, mentioning "crime" or "criminals" more often (33 to 26) and swamping the Democrats with talk about "marriage" (21 to 4) and "abortion" (20 to 4).

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Discuss what Article II, Sections 2 and 3 say about the bureaucracy.

Front

A bureaucracy is a system of government in which most of the important decisions are made by state officials rather than by elected representatives. It basically says that the President can have a lot power in very extreme circumstances.

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Who are in the President's Cabinet and the Executive Office of the President?

Front

The president's cabinet is composed of the heads of the departments of the executive branch and a small number of other key officials. In theory, the members of the cabinet constitute an advisory body that meets with the president to debate major policy decisions. The president often chooses cabinet members because of their reputations or to give his cabinet some racial, ethnic, geographic, gender, or religious balance, not because they are personally close to the president or easy for him to work with. For the Executive Office of the President, presidents typically have a chief of staff, who may be a first among equals or, in some administrations, the unquestioned leader of the staff. Presidents also have a national security adviser to provide daily briefings on foreign and military affairs and longer-range analyses of issues confronting the administration. Similarly, the president has the Council of Economic Advisers and the National Economic Council to report on the state of the economy and advise the president on the best way to promote economic growth. Senior domestic policy advisers help determine the administration's basic approach to areas such as health, education, and social services. Below these top aides are the large staffs that serve them and the president. These staffs are organized around certain specialties.

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Identify which Article in the US Constitution established the Legislative Branch.

Front

Article 1

Back

Explain why Committees are important for Elected Officials and the Legislative Process.

Front

Committees help to organize the most important work of Congress — considering, shaping, and passing laws to govern the nation. After each congressional election, political parties assign newly elected Representatives and Senators to standing committees. They consider a member's own wishes in making the assignments, but they also assess the needs of the committees, in terms of region of the country, personalities, and party connections. Usually, members seek appointment on committees that will allow them to serve their districts or state the most directly.

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Identify and describe 3 basic campaign strategies candidates can use to win elections.

Front

A party-centered strategy, which relies heavily on voters' partisan identification as well as on the party's organization to provide the resources necessary to wage the campaign; An issue-oriented strategy, which seeks support from groups that feel strongly about various policies; A candidate-oriented strategy, which depends on the candidate's perceived personal qualities, such as experience, leadership ability, integrity, independence, and trustworthiness.

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Identify and discuss the main outcomes of private ownership of the media.

Front

Most Americans would regard government ownership of the media as an unacceptable threat to freedom that would interfere with the marketplace of ideas and result in one-way communication: from government to citizens. When the government controls the news flow, the people may have little chance to learn what the government is doing or to pressure it to behave differently. Private ownership of media gives the people more freedom of what to broadcast.

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Describe how voter turnout in the United States compares to other countries.

Front

Congress proposed and the states ratified the Twenty-sixth Amendment, which expanded the electorate by lowering the voting age from twenty-one to eighteen. Because people younger than twenty-one are much less likely to vote, their eligibility actually reduced the overall national turnout rate (the percentage of those eligible to vote who actually vote). Voter turnout has declined in most established democracies since the 1980s, but not as much as in the United States. Furthermore, nearly every other democratic country places the burden of registration on the government rather than on the individual voter. Besides burdensome registration procedures, another factor usually cited to explain low turnout in American elections is the lack of political parties that mobilize the vote of particular social groups, especially lower-income and less educated people.

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Given the high level of education in the United States, explain whether or not the actual voting turnout aligns to what the standard socioeconomic model would predict.

Front

People with higher education are more likely to vote but the United States has a low voter turnout. This goes against what the model would predict.

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Identify several strategies and tactics used by interest groups to influence the policy making process.

Front

Direct lobbying relies on personal contact with policymakers. This interaction occurs when a lobbyist meets with a member of Congress, an agency official, or a staff member. In their meetings, lobbyists usually convey their arguments by providing data about a specific issue. Lobbyists must maintain contact with congressional and agency staffers, constantly providing them with pertinent data. In their meetings with policymakers and through other tactics, lobbyists are trying to frame the issue at hand in terms most beneficial to their point of view. Testifying at committee hearings is a tactic that allows the interest group to put its views on record and make them widely known. Although testifying is one of the most visible parts of lobbying, it is generally considered window dressing as it does little by itself to persuade members of Congress. Another direct but somewhat different approach is legal advocacy. Using this tactic, a group tries to achieve its policy goals through litigation. Claiming some violation of law, a group will file a lawsuit and ask that a judge make a ruling that will benefit the organization. Grassroots lobbying involves an interest group's rank-and-file members and may include people outside the organization who sympathize with its goals. Grassroots tactics, such as letter-writing campaigns and protests, are often used in conjunction with direct lobbying by Washington representatives. Letters, e-mails, faxes, and telephone calls from a group's members to their representatives in Congress or to agency administrators add to a lobbyist's credibility in talks with these officials. Policymakers are more concerned about what a lobbyist says when they know that constituents are really watching their decisions. The most common grassroots tactic is letter writing. If people in government seem unresponsive to conventional lobbying tactics, a group might resort to some form of political protest. A protest or demonstration, such as picketing or marching, is designed to attract media attention to an issue. Protesters hope that television and newspaper coverage will help change public opinion and make policymakers more receptive to their group's demands. Interest groups generally feel that public backing adds strength to their lobbying efforts. To this end, interest groups launch information campaigns, which are organized efforts to gain public backing by bringing their views to the public's attention. Sponsoring research is another way interest groups press their cases. When a group believes that evidence has not been fully developed in a certain area, it may commission research on the subject. A final aspect of lobbying strategy is coalition building, in which several organizations band together for the purpose of lobbying. Such joint efforts conserve or make more effective use of the resources of groups with similar views.

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Describe political action committees.

Front

PACs pool campaign contributions from group members and donate the money to candidates for political office. Under federal law, a PAC can give as much as $5,000 to a candidate for Congress for each separate election. Lobbyists believe that campaign contributions help significantly when they are trying to gain an audience with a member of Congress. Members of Congress and their staffers generally are eager to meet with representatives of their constituencies, but their time is limited. However, a member of Congress or staffer would find it difficult to turn down a lobbyist's request for a meeting if the PAC of the lobbyist's organization had made a significant campaign contribution in the previous election. Lobbyists also regard contributions as a form of insurance in case of issues that might arise unexpectedly.

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Describe how Congress (both chambers together) and the Senate acts as a check and a balance against the power of the President.

Front

Congress can check him if a 2/3 majority votes to override his veto. The President decides what money is needed for each government department. He prepares a budget and shows it to Congress. But Congress holds the purse strings and can vote "yes" or "no" on the money spent. When a President makes a treaty with another country, it doesn't really start until 2/3 of the Senate approve it.

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In your opinion, explain how political participation can both help and undermine order.

Front

Some types of participation (pledging allegiance, voting) promote order and so are encouraged by those who value order; other types promote disorder and so are discouraged. The political system itself is threatened more by unconventional participation. People can become more knowledgeable when participating in politics and can either become upset and try to fix things through violence or through voting.

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Describe who is likely to join an interest group and discuss what benefits they will receive as a result of their membership.

Front

A legislator who has not already taken a firm position on a bill might be swayed by the knowledge that voters back home are kept informed by interest groups of his or her votes on key issues. When a lobbying group wins benefits, those benefits are not restricted to the members of the organization. Many organizations offer membership benefits that have nothing to do with politics or lobbying. People who care are passionate about a problem join interest groups.

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Identify the leaders in the House of Representatives and the US Senate. Discuss their powers.

Front

In the House, the majority party's leader is the Speaker of the House. The majority party in the House also has a majority leader, who helps the Speaker guide the party's policy program through the legislative process, and a majority whip, who keeps track of the vote count and rallies support for legislation on the floor. The minority party is led by a minority leader who is assisted by the minority whip. The real power in the Senate resides in the majority leader. He or she does schedule legislation, in consultation with the minority leader. Party leaders play a critical role in getting bills through Congress. The most significant function that leaders play is steering the bargaining and negotiating over the content of legislation. When an issue divides their party, their house, the two houses, or their house and the White House, the leaders try to work out a compromise. Republicans and Democrats elect party leaders in both chambers who are charged with overseeing institutional procedures, managing legislation, fundraising, and communicating with the press.

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Define and explain historical examples of Executive Orders and Executive Privilege.

Front

Executive privilege allows specific information to be withheld not only from the public, but also Congress and the court system. An example is by President Nixon in the Watergate scandal. United States presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself (basically like a law). The most famous executive order was by President Abraham Lincoln when he issued the Emancipation Proclamation.

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Differentiate between redistricting, reapportionment, gerrymandering, and racial gerrymandering.

Front

Redistricting: The process of redrawing political boundaries to reflect changes in population. Reapportionment: Redistribution of representatives among the states, based on population change. Gerrymandering: Redrawing a congressional district to intentionally benefit one political party. Racial Gerrymandering: The drawing of a legislative district to maximize the chance that a minority candidate will win election.

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Identify and describe the major constitutional amendments that expanded the rights of suffrage in the United States.

Front

The Fifteenth Amendment, adopted shortly after the Civil War, prohibited the states from denying the right to vote "on account of race, color, or previous condition of servitude." Congress finally passed the Nineteenth Amendment, which prohibits states from denying the right to vote "on account of sex." The last major expansion of suffrage in the United States took place in 1971, when the Twenty-sixth Amendment lowered the voting age to eighteen. But compared with other countries, the United States looks pretty democratic. Women are still not universally enfranchised.

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Identify and describe the different kinds of interest groups in our political system.

Front

Economic groups, business groups, labor groups.

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Discuss whether the media advances freedom, order, or equality?

Front

The media in the United States have played an important role in advancing equality. Although the media are willing to encourage government action to promote equality at the cost of some personal freedom, journalists resist government attempts to infringe on freedom of the press to promote order. The media's ability to report whatever they wish and whenever they wish certainly erodes efforts to maintain order.

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Explain how a political party differs from an interest group.

Front

A political party is an organization that sponsors candidates for political office under the organization's name. True political parties select individuals to run for public office through a formal nomination process, which designates them as the parties' official candidates. This activity distinguishes the Democratic and Republican parties from interest groups. Interest groups often support candidates, but they do not nominate them to run as their avowed representatives. In short, the sponsoring of candidates, designated as representatives of the organization, is what defines an organization as a party.

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Discuss the functions of media in politics and government.

Front

Reporting the news, interpreting the news, setting the agenda for government action, and socializing citizens about politics.

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Identify and discuss the major functions of political parties.

Front

Four of the most important party functions are nominating candidates for election to public office, structuring the voting choice in elections, proposing alternative government programs, and coordinating the actions of government officials.

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Identify factors that influence voter choices.

Front

Issues, candidates' attributes, and party identification all figure in the voting decision.

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Discuss whether there is a liberal or conservative media bias.

Front

On the one hand, news reporters are often criticized for tilting their stories in a liberal direction, promoting social equality and undercutting social order. On the other hand, wealthy and conservative media owners are suspected of preserving inequalities and reinforcing the existing order by serving a relentless round of entertainment that numbs the public's capacity for critical analysis. Available evidence seems to confirm the charge of liberal leanings among reporters in the major news media. Content analysis of the tone of ABC, CBS, and NBC network coverage of presidential campaigns from 1988 to 2004 concluded that Democratic candidates received more "good press" than Republicans in every election but 1988, when the Republican candidate, George H. W. Bush, benefited from better press. However, one news medium—talk radio—is dominated by conservative views. Editors, in their function as gatekeepers, tend to tone down reporters' liberal leanings by editing their stories or not placing them well in the medium. When a powerful incumbent runs for reelection, journalists may feel a special responsibility to counteract his or her advantage by putting the opposite partisan spin on the news. Thus, whether the media coverage of campaigns is seen as pro-Democratic (and therefore liberal) or pro-Republican (and therefore conservative) can depend on which party is in office at the time.

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Identify the ways in which the government regulates the media.

Front

By law, the Federal Communications Commission's vague mandate is to "serve the public interest, convenience, and necessity." The FCC sets social, economic, and technical goals for the communications industry and deals with philosophical issues of regulation versus deregulation.Footnote Today, the FCC's charge includes regulating interstate and international communications by radio, television, telephone, telegraph, cable, and satellite. Recently, the FCC has begun to regulate the Internet. Since Congress has not passed any laws that outline the role of the FCC with respect to the Internet, the FCC does not have jurisdiction to regulate content, although Internet service providers (ISPs) are subject to standing antimonopoly laws. In 2011, House Republicans voted to block the FCC rules. They claim that the FCC overstepped its authority since Congress has not authorized it to regulate the Internet and that providers should be allowed to charge more to people who use their services more. The Senate, however, voted to allow the regulations.

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List the advantages and disadvantages of interest groups.

Front

People dislike interest groups in general because they do not offer equal representation to all; some sectors of society are better represented than others. Apparently we distrust interest groups as a whole, but we like those that represent our views. Stated more bluntly, we hate lobbies—except those that speak on our behalf.

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Explain the 'Power to Persuade'. Explain how it affects presidential job performance.

Front

Ability in bargaining, dealing with adversaries, and choosing priorities, according to Neustadt, separates above-average presidents from mediocre ones. A president must make wise choices about which policies to push and which to put aside until he can find more support. The president must decide when to accept compromise and when to stand on principle. A president's political skills can be important in affecting outcomes in Congress. When a president pushes hard for a bill that Congress eventually defeats or weakens, the president's reputation is hurt. The public perceives him as ineffective or as showing poor judgment, and Congress becomes even less likely to cooperate with him in the future.

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Define and discuss party identification. Describe how it has changed over time.

Front

It signifies a voter's sense of psychological attachment to a party. Identification is a state of mind. The proportion of Republicans and Democrats combined has exceeded that of independents in every year. The proportion of Democrats has consistently exceeded that of Republicans but has shrunk over time. The proportion of independents has nearly doubled over the period.

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Identify and discuss the duties of the US Senate and the US House of Representatives and the differences between these 2 chambers

Front

In the United States, "advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, United States Attorneys, and ambassadors. They share many powers, among them the powers to declare war, raise an army and navy, borrow and coin money, regulate interstate commerce, create federal courts, establish rules for the naturalization of immigrants, and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." the House alone has the right to originate revenue bills, a right that apparently was coveted at the Constitutional Convention. In practice, this power is of limited consequence because both the House and Senate must approve all bills. The House of Representatives has the power of impeachment: the power formally to charge the president, vice president, and other "civil officers" of the national government with serious crimes. The Senate is empowered to act as a court to try impeachments, with the chief justice of the Supreme Court presiding. A two-thirds majority vote of the senators present is necessary for conviction. The Constitution gives the Senate the power to approve major presidential appointments and treaties with foreign nations. The president is empowered to make treaties but must submit them to the Senate for approval by a two-thirds majority. Difference: House of Representatives: 435 voting members, 6 non-voting members: 5 delegates, 1 resident commissioner. Term is 2 years. All 435 seats are up for reelection every two years. Rules Committee to govern floor debate. Congress: 100 seats. Term is 6 years. Here there is a continuous body idea. Only 1/3 of the senate seats are elected every two years. So only 34 or 33 senators are up for election at one time. Floor debate based on consensus.

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Explain how the media influences citizens' political knowledge and ideology.

Front

Numerous studies have found that those who rely on television for their news score lower on tests of knowledge about public affairs than those who rely on print media. Among media researchers, this finding has led to the television hypothesis—the belief that television is to blame for the low level of citizens' knowledge about public affairs. It may even discourage respect for different opinions since it tends to emphasize drama and conflict between political opponents. It can also lead people to be less trusting of government. When the news is presented with lots of expert commentary—which tends to involve jargon and complex explanations—those who are more affluent and educated learn more from news coverage than those Americans who are less well off. But when the news is presented in a more contextual fashion—which tends to focus on the historical and factual background of an issue—socioeconomic differences in political knowledge diminish. Contextual information "gives meaning to what otherwise might seem like disconnected events and helps people understand why issues and problems deserve their attention."Footnote Contextual information reduces knowledge gaps among users of both print and television news. Attention to soft news outlets has been shown to improve people's levels of political knowledge and even help them identify which politicians best match their own political preferences. But it can also lead people to be more cynical about politicians and the political process. In addition, it seems that candidate appearances on these shows tend to be beneficial to attitudes and engagement while commentary about politicians (which often involves sarcasm and satire) is more likely to be detrimental.

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List the current steps in nominating and electing a president.

Front

Candidate announces plan to run for office. Candidate campaigns to win delegate support. Caucuses and primary elections take place in the states. Nominee for president is announced at national party conventions. Citizens cast their votes (general election). The electoral college casts its votes. The president is inaugurated.

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Describe the function of committees.

Front

Standing committees are permanent committees that specialize in a particular area. Most of the day-today work of drafting legislation takes place in the sixteen standing Senate committees and twenty-one standing House committees. Standing committees are often broken down further into subcommittees. Subcommittees exist for the same reason parent committees exist: members acquire expertise by continually working within the policy area. Typically, members of the subcommittee are the dominant force in shaping the content of a bill. A joint committee is composed of members of both chambers. Like standing committees, the four joint committees are concerned with particular policy areas. Their role is usually that of fact finding and publicizing problems and issues that fall within their jurisdiction. A select committee is a temporary committee created for a specific purpose. Congress establishes select committees to deal with special circumstances or with issues that either overlap or fall outside the areas of expertise of standing committees. A conference committee is also a temporary committee, created to work out differences between the House and Senate versions of a specific piece of legislation.

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List the basic steps to make new laws. (Or what is the Legislative Process?) Discuss the role of conflict, compromise, and deliberation in this process.

Front

After a bill is introduced in either house, it is assigned to the committee with jurisdiction over that policy area. When a committee considers a piece of legislation assigned to it, the bill is usually referred to a subcommittee. The subcommittee may hold hearings, and legislative staffers may do research on the bill. The original bill usually is modified or revised; if passed in some form, it is sent to the full committee. A bill approved by the full committee is sent to the entire membership of the chamber, where it may be debated, amended, and either passed or defeated. Bills coming out of House committees go to the Rules Committee before going before the full House membership. The Rules Committee attaches a rule to the bill that governs the coming floor debate, typically specifying the length of the debate and types of amendments House members can offer. The Senate does not have a comparable committee, although restrictions on the length of floor debate can be reached through unanimous consent agreements. Even if both houses of Congress pass a bill on the same subject, the Senate and House versions are often different from each other. In that case, a conference committee, composed of legislators from both houses, works out the differences and develops a compromise version. This version goes back to both houses for another floor vote. If both chambers approve the bill, it goes to the president for his signature or veto. When the president signs a bill, it becomes law. If the president vetoes (disapproves) the bill, he sends it back to Congress with his reasons for rejecting it. The bill then becomes law only if Congress overrides the president's veto by a two-thirds vote in each house. If the president neither signs nor vetoes the bill within ten days (Sundays excepted) of receiving it, the bill becomes law. But if Congress adjourns within the ten days, the president can let the bill die through a pocket veto, by not signing it. The increasing partisan conflict between Democrats and Republicans often results in a compromise bill devised solely by the majority party. If the White House does not like a bill, it tries to work out a compromise with legislators to have it amended.

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Section 3

(27 cards)

Explain how civil liberties differ from civil rights as they relate to the role of the government. Describe 'positive' and 'negative' rights?

Front

Civil liberties, sometimes referred to as "negative rights," are freedoms that are guaranteed to the individual. The guarantees take the form of restraints on government. Civil liberties declare what the government cannot do. n contrast, civil rights, sometimes called "positive rights," declare what the government must do or provide. Civil rights are powers and privileges that are guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals. Today, civil rights also embrace laws that further certain values (race equality).

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Explain these 2 powers of the Supreme Court: Original Jurisdiction and Appellate Jurisdiction

Front

A few arrive under the Court's original jurisdiction, conferred by Article III, Section 2, of the Constitution, which gives the Court the power to hear and decide "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." Cases falling under the Court's original jurisdiction are tried and decided in the Court itself; the cases begin and end there. Most cases enter the Supreme Court from the U.S. courts of appeals or the state courts of last resort. This is the Court's appellate jurisdiction. These cases have been tried, decided, and reexamined as far as the law permits in other federal or state courts. Litigants in state cases who invoke the Court's appellate jurisdiction must satisfy two conditions. First, the case must have reached the end of the line in the state court system. Litigants cannot jump at will from a state to the national arena of justice. Second, the case must raise a federal question, that is, an issue covered by the Constitution, federal laws, or national treaties. But even cases that meet both of these conditions do not guarantee review by the Court.

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Explain the USA Patriot Act and how it impacts civil liberties.

Front

This landmark law greatly expanded the ability of law enforcement and intelligence agencies to tap phones, monitor Internet traffic, and conduct other forms of surveillance in pursuit of terrorists. Now, under the USA-PATRIOT Act, the government need only certify without substantiation that its search protects against terrorism, which turns judicial oversight into a rubber stamp. With the bar lowered, more warrantless searches are likely to follow.

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Explain the power of Judicial Review. Where did it come from? How might Judicial Review give the SCOTUS power over the other branches?

Front

judicial review—the power to declare congressional acts invalid if they violate the Constitution. The case began in 1801 when an obscure Federalist, William Marbury, was designated a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but the appointments were never completed. The newly arrived Jefferson administration had little interest in delivering the required documents. To secure their jobs, Marbury and the other disgruntled appointees invoked an act of Congress to obtain the papers. The act authorized the Supreme Court to issue orders against government officials. Marbury and the others sought such an order in the Supreme Court against the new secretary of state, James Madison, who held the crucial documents. Marshall observed that the act of Congress that Marbury invoked to sue in the Supreme Court conflicted with Article III of the U.S. Constitution, which did not authorize such suits. The decision in Marbury v. Madison established the Supreme Court's power of judicial review. Should a congressional act (or, by implication, a presidential act) conflict with the Constitution, the Supreme Court (SCOTUS) claimed the power to declare the act void. Although Congress and the president may sometimes wrestle with the constitutionality of their actions, judicial review gave the Supreme Court the final word on the meaning of the Constitution.

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Describe the main ideas and significance of the Civil Rights Act of 1964.

Front

Congress enacted the Civil Rights Act of 1964, which included a vital provision barring segregation in most public accommodations. Among its many provisions, the act Entitled all persons to "the full and equal enjoyment" of goods, services, and privileges in places of public accommodation, without discrimination on the grounds of race, color, religion, or national origin, established the right to equality in employment opportunities Strengthened voting rights legislation, created the Equal Employment Opportunity Commission (EEOC) and charged it with hearing and investigating complaints of job discrimination, provided that funds could be withheld from federally assisted programs administered in a discriminatory manner.

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Discuss why and how administrative discretion is used by the bureaucracy.

Front

The latitude that Congress gives agencies to make policy in the spirit of their legislative mandate is called administrative discretion. Congress grants the agency the authority to make certain policy decisions. Congress recognized long ago that it has neither the time nor the technical expertise to make all policy decisions. Thus, agencies are seen as a better means of managing uncertainty.

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Explain how the President and Congress control the bureaucracy.

Front

They appoint administrators sympathetic to their policy goals who work to adapt the president's philosophy to both pending issues and new initiatives. Presidential aides review agency policymaking to ensure that it is in line with their preferences, often setting up a process requiring agencies to submit draft regulations to a White House office like the Office of Management and Budget. In varying degrees agencies have the authority to set policy under the laws passed by Congress authorizing an agency to administer a program. Congress always has the prerogative to override regulations that it doesn't like or that it feels distort its intent.

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Describe the Supreme Court's nomination process. Or how is a new Supreme Court Justice seated onto the SCOTUS? Discuss the 'checks and balances' exercised by the President and Senate.

Front

The appointment power assumes that the president is free to identify candidates and appoint judges who favor his policies. The president nominates a candidate, who must be confirmed by the Senate. For district and appeals court vacancies, the nomination "must be acceptable to the home state senator from the president's party". This practice, called senatorial courtesy, forces presidents to share the nomination power with members of the Senate. The Senate will not confirm a nominee who is opposed by the senior senator from the nominee's state if that senator is a member of the president's party.

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Define and describe the 'right to privacy'. Explain how it was created out of the Bill of Rights.

Front

The meaning of the Ninth Amendment is elusive, but some persons have interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments.

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Explain these different types of bureaucracies and give examples of each: Cabinet departments, independent agency, regulatory commission, government corporation.

Front

Cabinet departments: The secretaries (heads) of the departments, along with a few other key officials, form the president's cabinet. The current cabinet departments are State, Treasury, Defense, Interior, Agriculture, Justice, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Independent agency: Within the executive branch are many independent agencies that are not part of any cabinet department. They stand alone and are controlled to varying degrees by the president. Some, among them the Central Intelligence Agency (CIA), are directly under the president's control. Others, such as the Federal Communications Commission, are structured as regulatory commissions. Regulatory Commission: Each commission is run by a small number of commissioners (usually an odd number, to prevent tie votes) appointed to fixed terms by the president. Some commissions were formed to guard against unfair business practices. Others were formed to protect the public from unsafe products. Government Corporation: These executive branch agencies perform services that theoretically could be provided by the private sector, but Congress has decided that the public is better served when these organizations have some link with the government. For example, the national government maintains the postal service as a government corporation because it feels that Americans need low-cost, door-to-door service for all kinds of mail, not just for profitable routes or special services. In some instances, the private sector does not have enough financial incentive to provide an essential service. This is the case with the financially troubled Amtrak passenger train line.

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Explain the importance of precedent or stare decisis in judicial decisions.

Front

For example, a lawsuit turning on the meaning of the Constitution produces a ruling, which then serves as a precedent for subsequent cases; that is, the decision becomes a basis for deciding similar cases in the future in the same way. Making decisions according to precedent is central to the operation of our legal system, providing continuity and predictability. The bias in favor of existing decisions is captured by the Latin expression stare decisis, which means "let the decision stand."

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Describe these different bureaucratic forms: Civil Service, Deregulation, Competition/Outsourcing/Privatization, Performance Standards.

Front

Through deregulation, the government reduces its role and lets the natural market forces of supply and demand take over. Underlying this idea is the belief that competition will make government more dynamic and more responsive to changing environments and will weaken the ability of labor unions to raise wages beyond those of nonunion employees. Over time government welfare programs have increasingly emphasized social services—giving people training and non-cash support—rather than income maintenance (cash support). Social services are labor intensive, and state and local governments have found it efficient to outsource programs to nongovernmental organizations. With performance standards, each agency is held accountable for reaching quantifiable goals each year or budget cycle. Under such a system, congressional and White House overseers examine each agency to see if it meets its objectives, and they reward or punish agencies accordingly. A major initiative to hold agencies accountable for their performance is the Government Performance and Results Act. Passed by Congress, it requires each agency to identify specific goals, adopt a performance plan, and develop quantitative indicators of agency progress in meeting its goals. The law requires that agencies publish reports with performance data on each measure established.

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Explain the following roles the President has and how they may have evolved historically: National Leader (Values and Policy), World Leader (Diplomacy and Crisis Management), Legislative Role ("Chief Lobbyist"), and Political Party Leader.

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Although not every president's leadership is acclaimed, each president enters office with a general vision of how government should approach policy issues. During his term, a president spends much of his time trying to get Congress to enact legislation that reflects his general philosophy and specific policy preferences. Each administration tries to further what it sees as the country's best interests in its relations with allies, adversaries, and the developing countries of the world. From the end of World War II until the late 1980s, presidents were preoccupied with containing communist expansion around the globe. Then is national security, the direct protection of the United States and its citizens from external threats (because of 911 and Osama Bin Laden). Second is fostering a peaceful international environment. A third objective is the protection of U.S. economic interests. The new presidential job description places much more emphasis on managing economic relations with the rest of the world. The president's role in legislative leadership is largely a twentieth-century phenomenon. He gets things done for his political party.

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Differentiate between Judicial Activism and Judicial Restraint.

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Judicial activism: A judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions. Judicial restraint: A judicial philosophy by which judges tend to defer to decisions of the elected branches of government.

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Identify which Article in the US Constitution created a Supreme Court and delegated the power for creating the rest of the national court system to Congress.

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Article III

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Explain how women gained their civil rights, as well as current Women's Rights issues.

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Nineteenth Amendment: The amendment to the Constitution, adopted in 1920, that ensures women of the right to vote. Equal rights amendment (ERA): A failed constitutional amendment introduced by the National Women's Party in 1923, declaring that "equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex." True to the pluralist character of American democracy, the Obama administration and a Democratic Congress reversed the 2007 decision by passing the Lilly Ledbetter Fair Pay Act. The act allows the filing of complaints beyond the 180-day period. Women were harassed a lot.

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Explain the major ideas of the 14th amendment.

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It provides first that freed slaves are citizens: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. It also prohibits the states from abridging the "privileges or immunities of citizens of the United States" or depriving "any person of life, liberty, or property, without due process of law." The amendment then goes on to guarantee equality under the law, declaring that no state shall deny to any person within its jurisdiction the equal protection of the laws.

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Explain the Rule Making Process.

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After clarifying the objectives, the administrator thoroughly considers all possible solutions to the problem. He or she comprehensively analyzes alternative solutions, taking all relevant factors into account. Finally, the administrator chooses the alternative that appears to be the most effective means of achieving the desired goal and solving the problem. Policymaking tends to be characterized by incrementalism, with policies and programs changing bit by bit, step by step.

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Explain how the following groups have struggled throughout US history to achieve their civil rights under the law: Native Americans, Hispanics, Disabled Americans, Homosexual Americans.

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During the eighteenth and nineteenth centuries, the U.S. government took Indian lands, isolated Native Americans on reservations, and denied them political and social rights. The national government switched policies at the beginning of the twentieth century, promoting assimilation instead of separation. The government banned the use of native languages and religious rituals; it sent Indian children to boarding schools and gave them non-Indian names. In 1924, Indians received U.S. citizenship. Anger bred of poverty, unemployment, and frustration with an uncaring government exploded in militant action in late 1969, when several American Indians seized Alcatraz Island, an abandoned island in San Francisco Bay. The group cited an 1868 Sioux treaty that entitled them to unused federal lands; they remained on the island for a year and a half. In 1946, Congress enacted legislation establishing an Indian claims commission to compensate Native Americans for land that had been taken from them. Some of the 565 recognized tribes have successfully instituted casino gambling on their reservations. Many Mexicans became farm workers; others settled mainly in crowded, low-rent, inner-city districts in the Southwest, forming their own barrios, or neighborhoods, within the cities, where they maintained the customs and values of their homeland. World War II gave rise to another influx of Mexicans, who this time were primarily courted to work farms in California. In 1965, Cesar Chavez led a strike of the United Farm Workers union against growers in California. The strike lasted several years and eventually, in combination with a national boycott, resulted in somewhat better pay, working conditions, and housing for farm workers. The Census Bureau estimates that by 2050, one-third of all residents will be Hispanic. With such growth will come greater political power. After more than two decades of struggle, 43 million Americans with disabilities gained recognition in 1990 as a protected minority with the enactment of the Americans with Disabilities Act (ADA). The law extends the protections embodied in the Civil Rights Act of 1964 to people with physical or mental disabilities, including people with AIDS, alcoholism, and drug addiction. It guarantees them access to employment, transportation, public accommodations, and communication services. The roots of the disabled rights movement stem from the period after World War II. Thousands of disabled veterans returned to a country and a society that were insensitive to their needs. Congress moved a step closer in 2008, passing a revision to the ADA. The legislation increased protections for people with disabilities by making it easier for workers to prove discrimination. The ADA Amendments Act of 2008 gives protection to people with epilepsy, diabetes, cancer, cerebral palsy, multiple sclerosis, and other ailments. Federal court decisions had denied protection under the ADA because the disabling conditions were controlled by medication or were in remission. The bill was signed into law on September 25, 2008. Gays can now marry.

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Explain how 'due process' in the 14th amendment is applied to State laws and Civil Rights.

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First, it requires the government to adhere to appropriate procedures. Second, it forbids unreasonable government action. The Supreme Court has used the first meaning of the due process clause as a sponge, absorbing or incorporating the procedural specifics of the Bill of Rights and spreading or applying them to the states.

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Explain why the Federal Government bureaucracy has grown.

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A principal cause of government expansion is the increasing complexity of society. Another reason government has grown is that the public's attitude toward business has changed. Throughout most of the nineteenth century, there was little or no government regulation of business. Business was generally autonomous, and any government intervention in the economy that might limit that autonomy was considered inappropriate. This attitude began to change toward the end of the nineteenth century as more Americans became aware that the end product of a laissez-faire approach was not always highly competitive markets that benefited consumers. As new problem areas have emerged, government has added new agencies, further expanding the scope of its activities. General attitudes about government's responsibilities in the area of social welfare have changed too. In the 1960s, the government created Head Start, Medicare, and Medicaid, programs designed to help minorities, the elderly, and the poor. As the government made these new commitments, it also made new bureaucracies and expanded existing ones.

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Compare the structure of the federal judicial system to state governments' judicial systems.

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The Federal Court System: Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases. Magistrate Judges handle some District Court matters. Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of Appeals. A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions. State Court System: The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts. States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc. Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals. Parties have the option to ask the highest state court to hear the case. Only certain cases are eligible for review by the U.S. Supreme Court.

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List the steps in the Decision-making Process of SCOTUS.

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Once the Court grants review, attorneys submit written arguments (briefs). Oral argument, typically limited to thirty minutes for each side, is the first time the justices know what their colleagues might be thinking. The Court now releases oral argument transcripts on its website on the day of argument, and it releases recordings at the end of the week. By tradition, the justices first shake hands prior to conference and to going on the bench, a gesture of harmony. The chief justice then begins the presentation of each case with a discussion of it and his vote, which is followed by a discussion and vote from each of the other justices, in order of their seniority on the Court.

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Describe the characteristics of any bureaucracy.

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A clear hierarchy - Bureaucracies have a firm chain of command. Every worker has his or her own place in the chain, and everyone's work is overseen by someone on the next level up. Power flows down from the top of the hierarchy and diminishes as it approaches the bottom. Specialization - Everyone in a bureaucracy has a specific job to do and often becomes an expert at it. A division of labor - In a bureaucracy, nearly every task is broken down into its component parts, and different people work on different parts of the task. A set of formal rules - These so-called standard operating procedures are the clear, written instructions for each specialized job at every level of the hierarchy.

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Compare de facto and de jure segregation.

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De facto segregation: Segregation that is not the result of government influence. De jure segregation: Government-imposed segregation.

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List and discuss the primary functions of government bureaucracies.

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The federal bureaucracy performs three primary tasks in government: implementation, administration, and regulation. When Congress passes a law, it sets down guidelines to carry out the new policies. Often, policy directives are not clearly defined, and bureaucrats must interpret the meaning of the law. The bureaucracy often has some flexibility, known as administrative discretion, in actual implementation. The federal bureaucracy makes regulations (the rules by which federal and state programs operate) through an administrative process known as rule making.

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Describe these key figures and laws from the civil rights movement: Rosa Parks, Martin Luther King, Jr., Voting Rights Act of 1965, 24th Amendment.

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Parks boarded a city bus on her way home from work and took an available seat in the front of the bus; she refused to give up her seat when the driver asked her to do so. Montgomery's black community responded to Parks's arrest with a boycott of the city's bus system. Montgomery's black citizens now had a leader, a charismatic twenty-six-year-old Baptist minister named Martin Luther King, Jr. King urged the people to hold out, and they did. A year after the boycott began, a federal court ruled that segregated transportation systems violated the equal protection clause of the Constitution. In 1957, King helped organize the Southern Christian Leadership Conference to coordinate civil rights activities. He was totally committed to nonviolent action to bring racial issues into the light. To that end, he advocated civil disobedience, the willful but nonviolent breach of unjust laws. The Voting Rights Act of 1965 empowered the attorney general to send voter registration supervisors to areas in which fewer than half the eligible minority voters had been registered. This act has been credited with doubling black voter registration in the South in only five years (allowed blacks to vote). The Twenty-fourth Amendment, ratified in 1964, banned poll taxes in primary and general elections for national office.

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