Judicial Federalism and Bureaucracy Overview

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Questions and Answers

What is the primary purpose of the Supreme Court of the United States?

  • To create new laws
  • To conduct criminal trials
  • To be the final court of appeal (correct)
  • To enforce state laws

Which of the following models of judicial interpretation views the Constitution as a living document?

  • Textualism
  • Intentionalism
  • Living Document (correct)
  • Originalism

What is a key aspect of the process for the Supreme Court to hear a case?

  • Filing of a writ of certiorari (correct)
  • Public trial hearings
  • Direct constitutional amendments
  • A unanimous vote from all justices

What is NOT a component of civil liberties as outlined by the Bill of Rights?

<p>Voting rights (D)</p> Signup and view all the answers

Which term describes a situation where bureaucratic agencies benefit specific interest groups, often at the public's expense?

<p>Bureaucratic Capture (A)</p> Signup and view all the answers

What aspect of political parties is mainly responsible for recruiting candidates for elections?

<p>Hill committees (A)</p> Signup and view all the answers

Which of the following is a distinguishing feature of Political Action Committees (PACs)?

<p>They can make independent expenditures (D)</p> Signup and view all the answers

In which Supreme Court case was it established that independent expenditures by corporations can not be limited?

<p>Citizens United v. FEC (C)</p> Signup and view all the answers

What does the Fairness Doctrine relate to?

<p>Regulation of media content to ensure diverse viewpoints (D)</p> Signup and view all the answers

Which amendment ensures the right to vote shall not be denied based on race?

<p>15th Amendment (B)</p> Signup and view all the answers

What is a characteristic of partisan gerrymandering?

<p>Creating districts that favor a particular political party (D)</p> Signup and view all the answers

What is one consequence of the Voting Rights Act of 1965?

<p>Prevention of discriminatory voting practices (D)</p> Signup and view all the answers

What impact does social desirability bias have on survey results?

<p>Skews results due to respondents answering in a socially acceptable manner (D)</p> Signup and view all the answers

What is a typical feature of closed primary elections?

<p>Restricted to members of a particular political party (A)</p> Signup and view all the answers

What is the purpose of early voting?

<p>To allow individuals to vote before election day, increasing access (B)</p> Signup and view all the answers

Which type of sampling is considered a non-random method?

<p>Quota sampling (C)</p> Signup and view all the answers

Flashcards

Yellow Journalism

A style of journalism that emphasizes sensationalism and exaggeration to attract readers.

Fairness Doctrine

A former FCC policy requiring broadcasters to present differing viewpoints on important issues.

Culture of Objectivity

The expectation that news reporting should be unbiased and neutral.

Telecommunications Act of 1996

Legislation that resulted in media consolidation (ownership of multiple media outlets).

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Ideological Bias

Bias in news reporting based on a political or social viewpoint.

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Gatekeeping Bias

Bias in news reporting based on which stories are selected and which are ignored.

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Coverage Bias

Bias in news reporting based on the way a story is presented.

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Disinformation

False information spread deliberately to deceive.

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Australian Ballot

A secret ballot that hides voter choices.

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Split-ticket Voting

Voting for candidates from different political parties.

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Primary Elections

Elections where voters choose candidates for a political party.

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Closed Primary

Primary where only registered party members can vote.

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15th Amendment

Guarantees voting rights regardless of race.

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19th Amendment

Guarantees voting rights regardless of sex.

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Judicial Federalism

The relationship between federal and state courts in the US legal system.

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SCOTUS

Supreme Court of the United States, the highest court.

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Judicial Review

SCOTUS power to determine if laws are constitutional

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Stare Decisis

Following precedent in legal decisions

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Writ of Certiorari

SCOTUS order to review a lower court ruling

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Rule of Four

SCOTUS needing 4 justices to agree to hear a case

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Petition for Certiorari

Formal request for SCOTUS to review a case.

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Civil Liberties

Fundamental rights protected from government intrusion, like freedom of speech

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Civil Rights

Rights related to equality and fairness, ensuring equal treatment under law.

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Incorporation

Application of Bill of Rights protections to states through the Fourteenth Amendment.

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Bureaucratic Capture

Interests influencing a bureaucracy, potentially leading to biased policies.

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Iron Triangle

Interlocked relationships among an interest group, a congressional committee, and a bureaucratic agency

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Divided Government

Different political parties controlling different branches of government

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Political Parties

Groups seeking to win elections, influence policy, and organize governance.

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Duverger's Law

Tendency for single-member districts and plurality voting to favor two-party systems.

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Interest Groups

Organizations advocating for specific interests, lobbying for policy change.

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PACs

Political Action Committees—groups that raise and spend money to influence elections.

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Study Notes

Judicial Federalism

  • Federal courts vs. state courts
  • Structure of the court system
  • Judiciary Act of 1789
  • SCOTUS (Supreme Court of the US) purposes: final appeals court, judicial review (defining laws), stare decisis (precedent), writs of certiorari (orders lower courts to send up cases), rule of four
  • SCOTUS process: petition for review, conference vote, decision, briefs filed, oral arguments (public), conference meeting (private), majority vote decision, majority opinion, dissenting and concurring opinions
  • Methods for appointing justices
  • Political limits on the court
  • Models of judicial decision-making (textualism, intentionalism, living document, originalism)
  • Civil rights vs. civil liberties
    • Civil liberties: Bill of Rights, due process, habeas corpus, Bill of Attainder, ex post facto laws, impairment of contracts
    • Civil rights: Reconstruction Amendments (13th, 14th, 15th)

Bureaucracy

  • Bureaucracy, bureaucratic capture, iron triangle, revolving door
  • Mandatory vs. discretionary federal spending (defense, social security, Medicare, Medicaid, etc.)

Political Parties

  • Political parties (national, Hill, state, local)
  • Functions of political parties (recruiting candidates, campaigning, governing, opposing)
  • Political party organization (recruiting candidates, campaigning, governing, opposing)
  • No mention of parties in the US Constitution
  • Duverger's Law (single-member district vs. multi-member district; plurality voting)

Interest Groups

  • Economic interests (corporations, businesses, labor)
  • Citizen's groups (public interest groups, single-issue groups, ideological groups, demographic groups)
  • Government interests
  • Similarities and differences to political parties
  • Interest group strategies (lobbying, donating, going public, litigation, protesting)
    • PACs (Political Action Committees) and Super PACs
  • Citizen's United v. FEC (2010)
  • Hard money vs. soft money (campaign contributions)

Mass Media

  • Mass media (forms, roles)
  • Framing and priming
  • Partisan vs. independent press
  • Yellow journalism, muckraking
  • Fairness doctrine
  • Culture of objectivity
  • Telecommunications Act of 1996 (media consolidation)
  • Types of bias (ideological, gatekeeping, coverage)
  • Disinformation and fake news

Voting

  • Australian ballot vs. party ballots
  • Split ticket voting
  • Primary elections (closed, open, top two)
  • Caucuses
  • Amendments concerning voting
    • 15th: right to vote regardless of race
    • 19th: right to vote regardless of sex
  • Voting restrictions (grandfather clauses, literacy tests, poll taxes, white primaries, voter intimidation)
  • Voting Rights Act of 1965 (preclearance, coverage formula, backlash)
  • Shelby County v. Holder (2013)
  • Voting reforms increasing access (early voting, same-day registration, vote by mail, automatic registration, youth preregistration, online registration)
  • Gerrymandering
  • Districts drawn, state legislatures (or independent commissions)
  • Reapportionment
  • Apportionment Act of 1842
  • Partisan and racial gerrymandering (cracking, packing, hijacking, kidnapping)

Public Opinion & Survey Methods

  • Public opinion sampling (population vs. sample, inference)
  • Non-random sampling (quota sampling)
  • Random/probability sampling
  • Issues with surveys/polls (social desirability bias, sampling bias, pros/cons of telephone vs. internet surveys)

Survey Design

  • Single-sided question vs. two-sided question
  • Close-ended vs. open-ended questions
  • Double-barreled questions; ambiguous questions; leading questions
  • Response rates, margin of error, polling averages

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Related Documents

Judicial Federalism: Federal vs. State Courts PDF

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