Voting Rights and Models

Unit 4 Key Terms

The judicial Branch

·        Article III

o   Establishes the judicial branch of the federal government. Created the Supreme Court. Allows Congress to establish lower courts. Defines power of courts, implementing and interpreting laws.

·        Federalist 78

o   Roles of Judicial branch

§  Interpret Laws

§  Lifetime Appointments

§  Weakest branch -> can only make judgements

·        Marbury v Madison (1803)

o   Supreme Court case that established the power of judicial review. Allowed the Supreme Court to check the power of Congress and Prez

·        Judicial Review

o   Is the power of the courts to decide whether a law or government action follows the constitution. If a law is unconstitutional the courts can strike it down

Structure of the Federal Judiciary + Legitimacy o f the Judicial Branch

·        Hierarchy of the Federal Court System

o   District Courts: trial courts, most federal cases happen

o   Court of Appeals: review decisions from District Courts, depending of geographics

o   Supreme Court: final authority to interpret the Constitution, review cases

·        Precedent

o   Past court case that serves as a base on deciding similar cases in the future

·        Stare Decisis

o   The doctrine that courts go to before making a decision

·        Writ of Certiorari

o   Document that asks higher courts to review decisions from lower courts

·        Rule of Four

o   Requires 4 justices to vote in favor of hearing a case

·        Opinions

o   Majority

§  Agreed upon more than half of the judges

o   Concurring

§  Agrees with majority but for different reasons

o   Dissenting

§  Judge disagrees with the majority decision and expresses it

·        Strict v. Liberal Constructionist

o   Strict interprets constitution to literal text and intent while liberal interprets constitution broadly with more flexibility

·        Judicial Activism and Judicial Restraint

o   Judicial Activism allows judges to make rulings based on their own policy views, judicial restraint limits the power of the judges to strike down laws

·        Executive and Legislative Checks on the Judiciary

o   Executive Checks ->nominating judges, issuing executive orders

o   Legislative Checks -> limit courts jurisdiction, amend constitution, impeach + try justices

·        “Nuclear Option”

o   Parliamentary procedure that allows the senate to override a standing rule by a majority

The Bill of Rights

·       Civil Rights + Civil Liberties

o   Civil rights are legal protections that guarantee equal treatment under the law while civil liberties are protected personal freedoms

·       Bill of Rights

o   Rights guaranteed under the bill of rights

§  Religion

§  Speech

§  Press

§  Bear Arms

§  Trial by Jury

Bill of Rights

1st Amendment : Freedom of speech, religion, press, assembly, and petition

2nd Amendment: right to bear arms

3rd Amendment: no quartering of soldiers

4th Amendment: protectioj against unreasonable searches and seizures

5th Amendment: rights in criminal cases; due process, no self incrimination, no double jeopardy, just compensation for property taken (eminent domain)

6th Amendment: right to a fair and speedy trial, an attorney, and to confront witnesses in criminal cases

7th Amendment: right to a jury trial in civil cases (money or property)

8th Amendment: protection against cruel and unusual punishment and excessive bail or fines

9th Amendment: people have other rights beyond those lilsted in the Constitution

10th Amendment: Powers not given to the federal government belong to the states or the people

1st  Amendment Religion ion

·       Establishment Clause

o   Prevents the gov from establishing a national relig

·       Free Exercise Clause

o   Protect the rights of citizens to practice their own religion without the involvement of the gov

1st Amendment Speech

·        Clear and Present Danger

o   Threat to safety or public interest is serious and immediate

·        Brandenburg v. Ohio

o   Ohio’s Criminal Syndicalism Statue violated Brandenburg’s right to free speech

·        Prior Restraint

o   Gov action to prevent speech or other materials published that could be harmful prior to a speech happening

·        Symbolic Speech

o   A form of communication that uses nonverbal actions to convey a message

·        Obscene Speech

o   Not protected by the 1st amendment offensive words or pictures in public

·        Time, Place and Manner

o   Restrictions are regulations that limit when, where, or how people can express themselves

2nd Amendment Right to Bear Arms

·        National Firearms Act

o   Federal law that regulates the manufacture, sale and transfer of specific firearms

·       Gun Control Act

o   Federal law that regulates the ownership and industry of firearms in the US

·       Brady Act

o   Law that requires background checks for purchases of firearms

·       District of Columbia v Heller

o   Established the right to possess firearms for self defense in the home

Balancing Individual Freedom with Public Order and Safety

·        Law enforcement suspecting someone is carrying a weapon and searching them… carrying them is a 2nd amendment right while searching them violates the 4th amendment right against unreasonable searches

·        If law suspects illegal gun possession but the 2nd amendment protects a person’s right to own a gun and the 4th protects them from unwarranted searches

·        8th amendment -> applied through the 14th amendment and states cannot impose cruel or unusual punishments

Selective Incorporation

·        Selective Incorporation

o   Legal process that applies  the Bill of rights to state govs on a case by case basis instead of federal courts

·        Due Process Clause

o   Guarantees that the federal and state governments cannot take away a person’s life, liberty, or property without following certain procedures

·        14th Amendment

o   Guarantees citizenship + equal protection under the law for all people born o naturalized in the US

Amendments: Due Process and the Right to Accused

·        Procedural and Substantive Due Process

o   Procedural Due Process is the insurance that people are treating fair + give the opportunity to be hear before government acts; Substantive  Due Process is whether the govs actions were justified

·        Exclusionary Rule (Mapp v. Ohio 1961)

o   Legal rule that prevents the gov from using evidence obtained in violation of a  defendant’s  constitutional rights

·        Miranda Rule (Miranda v. Arizona 1966)

o   Miranda Rule is a constitutional requirement that police inform suspects of their rights before questioning them

Amendments: Due Process and the Right to Privacy

·        Rights to Privacy – an individual’s constitutional right to keep their personal information, communications, and activities confidential from gov intrusion

o   Griswold v. Connecticut

§  Estelle Griswold and C. Lee Buxton ran a Planned Parenthood in New Haven, Connecticut law made it illegal to use contraceptives (penalized too). Supreme Court Ruled that married couples have the right to use contraceptives, striking down the law.

·        Impact: Case established a right to privacy that extends to intimate relations and paved the way for the Roe v. Wade Case

o   Roe v. Wade

§  Norma McCorvey filed a lawsuit against Henry Wade as women should have the fundamental right to choose to have an abortion without gov interference; court ruled that the Constitution protects the right to privacy, including abortions.

·        Impact… it was normalized but the overturned

·        Hyde Amendment

o   Prevents federal funds from being used to pay for elective abortions

·        9th Amendment

o   Gov cannot take away rights of the American people that are ot specifically listed in the U.S. Constitution

Voting

• State governments determine election procedures and who can vote.
• National government enforces constitutional amendments regarding voting rights and civil rights legislation.
• Franchise is the right to vote.
• Voting models include rational choice (voting based on candidate's promises), retrospective (voting based on past performance), and prospective (voting based on predictions of future performance).
• Party line voting is when voters choose candidates of a single political party.
• Voter turnout is affected by structural barriers (laws and regulations), voter ID laws, registration requirements, and access to ballots.
• Factors like political efficacy (belief in the impact of one's vote) matter when considering voter turnout.
• Demographics (age, sex, race, education, religion) impact voting patterns.
• Types of elections include presidential, midterm, and local elections.

Voting Models

• Rational Choice: voting based on candidate's promises and motivations for public office.
• Retrospective: voters evaluating a candidate's past performance in office.
• Prospective: voters predicting a candidate's future actions and decisions.
• Party-line: voters selecting candidates from a single political party.

Voter Turnout

• Structural barriers, such as voter ID laws and registration requirements, affect voter turnout.
• Political efficacy (belief in the effect of one's vote) also affects turnout.
• Factors including age, sex, and race impact participation.

Amendments

• The 14th Amendment granted citizenship to formerly enslaved people.
• The 14th Amendment includes due process and equal protection clauses.

Voting Models

• Rational Choice: voters make choices based on perceived personal benefit from elected officials.
• Retrospective: Voters base their decisions on the performance of a candidate in the past.
• Prospective: Voters base their decisions on the future promises or policies of a candidate.
• Party Line: voters select candidates from only one political party.

Congressional Powers

• Congress creates laws and manages the federal budget.
• Federalist 51, by James Madison, emphasizes the importance of separation of powers and checks and balances in government.
• Article I outlines the structure of Congress (bicameral).
• Differences between the House and Senate involve representation, term lengths, and debate limits.

Congressional Committees

• Standing committees are permanent bodies in Congress.
• Joint committees involve members of both chambers.
• Select committees are temporary investigative bodies.
• Conference committees reconcile differences between House and Senate versions of legislation.

Specific Powers of Congress

• House of Representatives initiates revenue bills, has sole power of impeachment, and elects the president if the Electoral College fails to produce a majority.
• Senate confirms presidential appointments, ratifies treaties, and tries impeachment cases

Roles of President and Vice President

• President – commander in chief, chief diplomat, chief executive, chief manager of the economy, and chief legislator.
• Vice President – presides over the Senate, and becomes president if the current president dies or resigns or if unable to perform the duties of the office.

Federal Spending

• Mandatory spending includes social security and Medicare.
• Discretionary spending includes programs like prisons and climate change.

Congressional Behavior

• Delegate model: Representing the constituents' wishes.
• Trustee model: Leaders make independent decisions based on their judgments.
• Politico model balancing constituent interests and party affiliation.

Checks on the Executive Branch

• Legislative Branch (overriding vetoes, approving appointments, controlling the budget).
• Judicial Branch (judicial review).
• The role of the president's cabinet in advising the president.

President Communication

• Bully Pulpit: the president's use of their position to influence public opinion and promote policies.
• State of the Union: a yearly address where the president discusses current issues and plans.
• Role of Social Media.

Senate Confirmation Process

• The Senate confirms presidential appointments, including Supreme Court justices.
• The process involves nomination by the president, committee review, and a vote by the full Senate.

War Powers Resolution

• This US law limits the president's power to commit troops to military conflicts without Congressional authorization.

Gerrymandering

• The intentional manipulation of electoral district boundaries to favor one party over another.

Congressional Oversight

• Congress monitors the executive branch to ensure policies are carried out as intended.