The movement for equal rights for women has had to confront the traditional view between men and women
1) Protectionism: the belief that women should be spared from life’s cruelties, served as the basis for many laws that discriminated against women
a) in 1973 the SC upheld an Illinois statute prohibiting women from practicing law
b) in 1908 the SC upheld an Oregon law limiting the number of hours that women can work
c) in 1991 the SC struck down a company’s fetal protection policy in strong terms, stating that women should not be forced to choose between having a child or a job
2) in most states women were denied the right to vote until the movement for women’s suffrage culminated in the adoption of the 19th amendment in 1920
3) The prohibition of sex based discrimination has advanced through legislation
a) EPA, 1963 REQUIRED EQUAL PAY FOR MEN AND WOMEN DOIING SIMILAR WORK but did not account for stratification of work by gender
b) Title VII of CRA of 1964 covered discrimination on the basis of sex
c) Congress passed additional legislation prohibiting discrimination in federally aided education programs. Title IX of education amendment of 1972, which prohibited sex discrimination in education (and fostered many sports programs for girls)
4) Since 1970 the SC has consistently struck down laws that discriminate on bases of sex
a) The court determined Craig V. boren(1976) that gender distinction could be justified only if they served some important government purpose
b) the intention of gender related court decisions is to end sexual stereotyping while acknowledging relevant difference between men and women
c) in the US V. Virginia (1996) the court ruled that qualified women must be allowed admissions to the Virginia military institutions (a state supported military college in Virginia) it developed a test called skeptical scrutiny that requires parties who seek to defend gender based action to demonstrated all “exceedingly persuasive justification” for that action
5) the ERA was designed to ensure that no one could be denied ER under law on account of sex
a) after ERA passed the proposal stage in 1972, its proponents failed to obtain ratification by 1982 deadline
b) the ERA met with staunch opposition from some states and from Women who wanted to maintain their traditional roles
c) Some argue ERA is unnecessary because many goals are realized by actions of SC
d) Others have argues however that because the court could reverse those decisions an ERA is still necessary
AFFIRMATIVE ACTION PROGRAMS were designed to eliminate effects of past discrimination against women and members of other minority groups
1) Programs include recruitment preferential treatment, quotas for women, minorities and people with disabilities in education employment and awarding government contracts
2) in reverse discrimination cases, plaintiffs have argued that affirmative action programs designed to protect minorities discriminate against white Americans
a) Regents of university of California VS. Bakke: the SC agreed with Alan Bakke. He had been discriminated against, but it reaffirmed the use of AAP while outlawing racial quotas set aside.
b) Johnson v. Transportation agency: Santa Clara County (1987). The SC upheld the use of affirmative AP but with significant dissension form several justices
c) the SC tried to strike balance between traditional employment practices and affirmative AP
D) The SC decided that AAP do not overrule traditional seniority rules unless actual discrimination can be demonstrated
3) the legitimacy of some form of AA came into question in the 1990s
a) Aderand constructors V. Rena: the Court declared that programs that award benefits on the basis of race would be subject to strict scrutiny and must be “narrowly improved to meet a compelling government interest”
b) the court sent the case back to the trial court for education under strict scrutiny test, the matter is still in litigation
c) Legislation in several states seek to curtail or eliminate racial preferences in education admissions and financial aid. This is likely to have a substantial impact on the number of minority students pursuing higher education
1) HOPWOOD V. TEXAS: SC ruled that race of ethnicity cannot be the determining factor admissions to their university of Texas law
2) GRATZ V. BOLLINGER: SC upheld the admission procedure of the university of Michigan graduate school which used the race as a factor and shot down the Uni. Of Mich. Undergrad. Adm. Procedure.of applying a point scale giving more points to a racial minority
d) California voter affirmed proposed state constitutionally amendment would ban use of race, color, gender, ethnicity or national origin in public employment , education or contracting.
Showing posts with label NORAH =D. Show all posts
Showing posts with label NORAH =D. Show all posts
Tuesday, December 16, 2008
Tuesday, December 2, 2008
Ch. 14
The role of the courts in American government
1) American courts shape policies that form the heart of American democracy
a) Because judges tend to accept the ruling of other courts in similar cases, judges in effect make policies with their decisions
b) The Supreme Court for example makes fundamental decisions vital to the preservations of freedom, order, and equality
2) Courts can undo the work of representative institutions (congress)
3) This thwarts democratic theory which argues that the majority should rule
The conferral of power on federal courts
1) The constitution established “one supreme court” but left it to congress to structure the federal judiciary
a) Congress adopted the judiciary act of 1789. It provided a system of federal courts that would coexist with the courts of each state by be independent from them
b) Congress created two general types of lower courts
I) constitutional exercise the judicial powers found in article III. Their judges are given constitutional protection of lifetime terms there are 94 district courts and 13 courts of appeals
II) Congress set up legislative courts for special purposes. They are sometimes called article I courts. They help congress carry out legislative powers. Examples are the court of claims, court of international trade, tax courts, and court of military appeals. Courts do not carry out article II and therefore the judges are not protected for life.
c) in the first decade under the constitution the supreme court was not especially powerful
I) the first Supreme Court judge (John Jay) resigned for lack of power
II) Several states men refused appointments
2) Judicial review led to the ascending of supreme courts
a) The courts power boosted under the 4th Supreme Court judge john marshal when he authored his opinion on Marbury vs Madison
I) established the power of judicial review, the power to declare congress. It was declared invalid because they conflicted with the constitution
II)
b)
c) The Supreme Court also exercises judicial review over state laws and executive actions. The courts hold actions of coordinate branches of the federal government.
3) Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. With this, he sought to minimize the people's fear of judicial review and also pointed out that there is the power to impeach and constitutionally amend
Organization of the court system
1) The state courts
a) Each state (and the District of Columbia) has its own court system and no two are alike
b) State courts coexist with federal court systems and indiciduals fall under the jurisdiction of both. Under the doctrine of dual sovereignty, state and federal courts can prosecute the same person for the same bad behavior under the state and federal law.
c) State courts handle and receive the vast majority of legal disputes
2) The federal courts: they are like pyramids. The Supreme Court is at the apex, the us courts of appeals occupy the middle, and the 94 district courts on the base
How courts work
1) Court fundamentals:
a) Crime is a violation of the public order as defined in the criminal code. The code is legislation that regulates conduct and specifies sanctions for violation
I) government (state and local) maintains order by prosecuting persons for violating the criminal code (criminal cases)
II) Most criminal cases are prosecuted in state courts. Some criminal cases (possession of cocaine) are prosecuted in federal courts
b) Civil cases stem from disputed claims to something value, they involve private disputes (accidents, contracts, divorce) government can be a party to such disputes
c) Few cases ever go to trial most are settled out of court, some are abandoned
d) When a judge decides a case, it is said to be adjudicated
I) to support their decision, they may give their opinion
II) if circumstances are novel, judges may publish their opinions (set precedent and add to the body of common law)
2) The US district courts (original jurisdiction only)
a) There are 94 district courts, each state have at least one (will not hear case on appeal, 1st time cases only)
b) Heard by single judge depending on the case there may or may not be a jury
c) District courts cover criminal cases, civil case which national government is a party, civil case between citizens of different states provided amount disputed exceeds $50,000
3) if a person is unhappy with the court decision they may have the option to have it appealed. Cases litigated beyond the federal district courts usually go to one of the regional appeals court known as US court of appeals
a) 13 courts, 12 cover cases from geographic areas called circuits
b) Judges on these courts sit on panels of three. They aim at correcting errors in lower courts and making policy through opinions they write.
I) their opinion gives judges influence beyond the immediate case
a) Precedent
b) Stare decisis which means “let the decision stand”. Its decision making according to a precedent rather than some other rule
2) Judicial policy making occurs:
a) When judges interpret prior judicial decisions (known as common law or judge made laws)
b) When judges interpret legislations (known as statutory constitution)
c) Judges interpret constitution (judicial review)
c) the 13 circuits of courts of appeals do not have to consult with each other about application of law. They are made in variance in their interpretation. Such conflicts are corrected by review at the
The role of the courts in American government
1) American courts shape policies that form the heart of American democracy
a) Because judges tend to accept the ruling of other courts in similar cases, judges in effect make policies with their decisions
b) The Supreme Court for example makes fundamental decisions vital to the preservations of freedom, order, and equality
2) Courts can undo the work of representative institutions (congress)
3) This thwarts democratic theory which argues that the majority should rule
The conferral of power on federal courts
1) The constitution established “one supreme court” but left it to congress to structure the federal judiciary
a) Congress adopted the judiciary act of 1789. It provided a system of federal courts that would coexist with the courts of each state by be independent from them
b) Congress created two general types of lower courts
I) constitutional exercise the judicial powers found in article III. Their judges are given constitutional protection of lifetime terms there are 94 district courts and 13 courts of appeals
II) Congress set up legislative courts for special purposes. They are sometimes called article I courts. They help congress carry out legislative powers. Examples are the court of claims, court of international trade, tax courts, and court of military appeals. Courts do not carry out article II and therefore the judges are not protected for life.
c) in the first decade under the constitution the supreme court was not especially powerful
I) the first Supreme Court judge (John Jay) resigned for lack of power
II) Several states men refused appointments
2) Judicial review led to the ascending of supreme courts
a) The courts power boosted under the 4th Supreme Court judge john marshal when he authored his opinion on Marbury vs Madison
I) established the power of judicial review, the power to declare congress. It was declared invalid because they conflicted with the constitution
II)
b)
c) The Supreme Court also exercises judicial review over state laws and executive actions. The courts hold actions of coordinate branches of the federal government.
3) Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. With this, he sought to minimize the people's fear of judicial review and also pointed out that there is the power to impeach and constitutionally amend
Organization of the court system
1) The state courts
a) Each state (and the District of Columbia) has its own court system and no two are alike
b) State courts coexist with federal court systems and indiciduals fall under the jurisdiction of both. Under the doctrine of dual sovereignty, state and federal courts can prosecute the same person for the same bad behavior under the state and federal law.
c) State courts handle and receive the vast majority of legal disputes
2) The federal courts: they are like pyramids. The Supreme Court is at the apex, the us courts of appeals occupy the middle, and the 94 district courts on the base
How courts work
1) Court fundamentals:
a) Crime is a violation of the public order as defined in the criminal code. The code is legislation that regulates conduct and specifies sanctions for violation
I) government (state and local) maintains order by prosecuting persons for violating the criminal code (criminal cases)
II) Most criminal cases are prosecuted in state courts. Some criminal cases (possession of cocaine) are prosecuted in federal courts
b) Civil cases stem from disputed claims to something value, they involve private disputes (accidents, contracts, divorce) government can be a party to such disputes
c) Few cases ever go to trial most are settled out of court, some are abandoned
d) When a judge decides a case, it is said to be adjudicated
I) to support their decision, they may give their opinion
II) if circumstances are novel, judges may publish their opinions (set precedent and add to the body of common law)
2) The US district courts (original jurisdiction only)
a) There are 94 district courts, each state have at least one (will not hear case on appeal, 1st time cases only)
b) Heard by single judge depending on the case there may or may not be a jury
c) District courts cover criminal cases, civil case which national government is a party, civil case between citizens of different states provided amount disputed exceeds $50,000
3) if a person is unhappy with the court decision they may have the option to have it appealed. Cases litigated beyond the federal district courts usually go to one of the regional appeals court known as US court of appeals
a) 13 courts, 12 cover cases from geographic areas called circuits
b) Judges on these courts sit on panels of three. They aim at correcting errors in lower courts and making policy through opinions they write.
I) their opinion gives judges influence beyond the immediate case
a) Precedent
b) Stare decisis which means “let the decision stand”. Its decision making according to a precedent rather than some other rule
2) Judicial policy making occurs:
a) When judges interpret prior judicial decisions (known as common law or judge made laws)
b) When judges interpret legislations (known as statutory constitution)
c) Judges interpret constitution (judicial review)
c) the 13 circuits of courts of appeals do not have to consult with each other about application of law. They are made in variance in their interpretation. Such conflicts are corrected by review at the
Wednesday, November 19, 2008
11-19
The president as a national leader
1) Presidents carry into office a broad political vision that reflects their ideology and priorities
A) Lyndon Johnson for example saw government as a true force for promoting justice equality. Once in office, he tried to give life to that philosophy with great society programs
B) Ronald Reagan came into office seeing government as part of the problem rather than solution. He tried to promote freedom by pursuing policy that would reduce the role of government in American life.
2) The presidents central role in our political system guarantees that he can always command attention for his agenda through congress. However, this doesn't guarantee success in Congress.
3) Thus the president is the “chief lobbyist” as well as an agenda settler. Presidents spend considerable time working to get legislation passed in the form they want it in
A) He might:
I) use the media to draw attention to his legislative program
II) Remind his legislators of his high public approval
III) Make use of a partisan majority if his party controls the congress
IV) The president has a legislative liaison staff to help him with lobbying legislators
B) The white house will also work directly with interest groups to try to get them to activate members and to get their Washington DC representative to lobby congress directly
4) Part of the president’s job is to lead his party
A) Because parties are relatively weak in the US this is an informal duty (not specified in the constitution) with no prescribed tasks
B) the president has become “fundraiser in chief” for his party, largely because it is in his best interest to have more members of his party in congress
The president as a world leader
1) For nearly forty years the president’s priorities as world leader was to contain communism
2) American presidents are now entering a new era in which there is more emphasis n managing economic relations with the rest of the world
A) Trade relations are particularly important yet incredibly complex
B) The case of designing china as normal trading partner reveals the difficulty president face in balancing specific domestic interests the national interest as a whole and, international interests
3) Periodically the president faces a grave situation in which conflict is imminent or a small conflict threatens to explode into a larger war
A) How a president handles such crisis can be critical to the success of the presidency. He must exercise good judgment
B) It is different to go beyond rather general advice in trying to design an ideal procedure for handling crisis. Almost by definition each crisis is a unique event
Presidential character
1) A president’s actions in office reflects something more than his political views. They also reflect the inner forces that give rise to his basic character.
2) Personality characteristics clearly have an important effect on the president success or failure in office. However, character is only one of a hundred of factors that go into making a successful president.
1) Presidents carry into office a broad political vision that reflects their ideology and priorities
A) Lyndon Johnson for example saw government as a true force for promoting justice equality. Once in office, he tried to give life to that philosophy with great society programs
B) Ronald Reagan came into office seeing government as part of the problem rather than solution. He tried to promote freedom by pursuing policy that would reduce the role of government in American life.
2) The presidents central role in our political system guarantees that he can always command attention for his agenda through congress. However, this doesn't guarantee success in Congress.
3) Thus the president is the “chief lobbyist” as well as an agenda settler. Presidents spend considerable time working to get legislation passed in the form they want it in
A) He might:
I) use the media to draw attention to his legislative program
II) Remind his legislators of his high public approval
III) Make use of a partisan majority if his party controls the congress
IV) The president has a legislative liaison staff to help him with lobbying legislators
B) The white house will also work directly with interest groups to try to get them to activate members and to get their Washington DC representative to lobby congress directly
4) Part of the president’s job is to lead his party
A) Because parties are relatively weak in the US this is an informal duty (not specified in the constitution) with no prescribed tasks
B) the president has become “fundraiser in chief” for his party, largely because it is in his best interest to have more members of his party in congress
The president as a world leader
1) For nearly forty years the president’s priorities as world leader was to contain communism
2) American presidents are now entering a new era in which there is more emphasis n managing economic relations with the rest of the world
A) Trade relations are particularly important yet incredibly complex
B) The case of designing china as normal trading partner reveals the difficulty president face in balancing specific domestic interests the national interest as a whole and, international interests
3) Periodically the president faces a grave situation in which conflict is imminent or a small conflict threatens to explode into a larger war
A) How a president handles such crisis can be critical to the success of the presidency. He must exercise good judgment
B) It is different to go beyond rather general advice in trying to design an ideal procedure for handling crisis. Almost by definition each crisis is a unique event
Presidential character
1) A president’s actions in office reflects something more than his political views. They also reflect the inner forces that give rise to his basic character.
2) Personality characteristics clearly have an important effect on the president success or failure in office. However, character is only one of a hundred of factors that go into making a successful president.
Tuesday, October 14, 2008
October 14th - 7th period
Although many people regard political parties with suspicion, parties are an essential component of democratic government.
1) Citizens: main avenues of participation in government is through voting in competitive elections.
a) A political party is an organization that sponsors candidates for public office under the organization's name.
b) Both of the candidates and the organization acknowledges the same label and the label conveys a significant meaning throughout the electorate
c) Interest groups are distinct from parties in that interest groups may support candidates but never sponsor them as their avowed representatives
2) Parties perform the important functions for the political system
a) They are on e of the several linkages institutions that connect people in a large democracy to the government. Other linking institutions are interest groups, media, and elections. Parties increase political efficacy by helping citizens to make sense of government decisions and processes and to feel that government listens to them.
b) They nominate candidates for elections to public office ensuring minimum qualifications of candidates through the peer review process
c) They structure the voting choice in elections, reducing the number of candidates on the ballot
d) They propose alternatives government programs- helping voters choose between policies and personalities
e) They coordinate the actions of government officials to help bridge separation of powers
US political parties have long and complex histories
1) Parties are not mentioned in the constitution and did not exist in any recognizable form in the pre-party period, which lasted through Washington's 1st term in office.
2) First party system the federalists (led by Hamilton) against the democratic republicans (led by Jefferson). The feds represent urban, business oriented men, favored elitism and strong central government and banks. The Dem. Republicans favored strong state government, rural interests and weak central government.
3) The second party system involved what became the Democratic Party and the Whig party after the Federalists ceased to exist by 1820 and the Democratic Republicans split factions in 1824.
a) Democratic Party originated in 1828 among Southerners and Westerners who supported Andrew Jackson. They ushered in universal manhood suffrage and gained the support of rural anti-bank, small farmers from the South and West.
b) Whigs were formed in 1834 to oppose President Jackson. They were left with the old Federalists and groups like wealthy rural southerners. It was not ideologically coherent.
4) Present party sysem, featuring democrat and republican parties since the 1850. Critical elections were elections that produced a sharp change in patterns of party loyalty among voters and lasting electoral realignment. The critical elections have marked present party systems. Elections of 1860 brought Lincoln to the white house, with exception of grover Cleveland and Woodrow Wilson. The republicans controlled the presidency from 1860to 1933; the depression era of 1932 brought FDR to the white house where democrats stayed until 1969 with the single exceptions of Eisenhower
5) The elections of Richard Nixon brought a divided government with one party holding the presidency and the others controlling congress. From 1969 through 1993, the Republicans held the presidency except for Jimmy Carter's one term. In 1969, the Democratic Party reviewed its structure and convention delegate selection procedures. The party adopted guidelines to increase the representation and participation of minorities, women, youth, and the poor. The number of super delegates, or governors, members of congress, and other party leaders were reduced.
Why does the US have a two party system?
1) There have been many minor partie3s in US history
a) Bolter parties have been formed by factions that split from one of the major parties - George Wallace's American Independent Party.
b) Farmer-labor parties, such as the Populist Party.
c) Parties of ideological protests such as the Libertarian and Socialist Parties.
d) Single-issue parties like the Prohibition Party.
e) Minor parties have not fared particularly well as vote getters, though the presence of alternative president candidates (Ralph Nader, 2000) impacted those elections.
f) Minor parties may perform their most useful function as safety evolves for the political system, allowing discontented groups to argue for their policies within the political system.
2) For several reasons, only 2 parties have alternated in power in the US for more than 125 years.
a) The electoral system involves the twin principles of single winners (winner-take-all) chosen by simple plurality vote is the most important reason. It tends the encourage competion between only two parties for political office within each electoral district. The winner in American elections is one who receives the largest number of votes in each district. The winner does not need more than 50 percent of the vote. All they need is one more than his or her competitor.
b) The importance of the presidency causes diverse groups across the nation to coalesce in the two parties within each state.
c) Only those parties dominate contemporary elections because of historical claims on citizen loyalties.
1) Citizens: main avenues of participation in government is through voting in competitive elections.
a) A political party is an organization that sponsors candidates for public office under the organization's name.
b) Both of the candidates and the organization acknowledges the same label and the label conveys a significant meaning throughout the electorate
c) Interest groups are distinct from parties in that interest groups may support candidates but never sponsor them as their avowed representatives
2) Parties perform the important functions for the political system
a) They are on e of the several linkages institutions that connect people in a large democracy to the government. Other linking institutions are interest groups, media, and elections. Parties increase political efficacy by helping citizens to make sense of government decisions and processes and to feel that government listens to them.
b) They nominate candidates for elections to public office ensuring minimum qualifications of candidates through the peer review process
c) They structure the voting choice in elections, reducing the number of candidates on the ballot
d) They propose alternatives government programs- helping voters choose between policies and personalities
e) They coordinate the actions of government officials to help bridge separation of powers
US political parties have long and complex histories
1) Parties are not mentioned in the constitution and did not exist in any recognizable form in the pre-party period, which lasted through Washington's 1st term in office.
2) First party system the federalists (led by Hamilton) against the democratic republicans (led by Jefferson). The feds represent urban, business oriented men, favored elitism and strong central government and banks. The Dem. Republicans favored strong state government, rural interests and weak central government.
3) The second party system involved what became the Democratic Party and the Whig party after the Federalists ceased to exist by 1820 and the Democratic Republicans split factions in 1824.
a) Democratic Party originated in 1828 among Southerners and Westerners who supported Andrew Jackson. They ushered in universal manhood suffrage and gained the support of rural anti-bank, small farmers from the South and West.
b) Whigs were formed in 1834 to oppose President Jackson. They were left with the old Federalists and groups like wealthy rural southerners. It was not ideologically coherent.
4) Present party sysem, featuring democrat and republican parties since the 1850. Critical elections were elections that produced a sharp change in patterns of party loyalty among voters and lasting electoral realignment. The critical elections have marked present party systems. Elections of 1860 brought Lincoln to the white house, with exception of grover Cleveland and Woodrow Wilson. The republicans controlled the presidency from 1860to 1933; the depression era of 1932 brought FDR to the white house where democrats stayed until 1969 with the single exceptions of Eisenhower
5) The elections of Richard Nixon brought a divided government with one party holding the presidency and the others controlling congress. From 1969 through 1993, the Republicans held the presidency except for Jimmy Carter's one term. In 1969, the Democratic Party reviewed its structure and convention delegate selection procedures. The party adopted guidelines to increase the representation and participation of minorities, women, youth, and the poor. The number of super delegates, or governors, members of congress, and other party leaders were reduced.
Why does the US have a two party system?
1) There have been many minor partie3s in US history
a) Bolter parties have been formed by factions that split from one of the major parties - George Wallace's American Independent Party.
b) Farmer-labor parties, such as the Populist Party.
c) Parties of ideological protests such as the Libertarian and Socialist Parties.
d) Single-issue parties like the Prohibition Party.
e) Minor parties have not fared particularly well as vote getters, though the presence of alternative president candidates (Ralph Nader, 2000) impacted those elections.
f) Minor parties may perform their most useful function as safety evolves for the political system, allowing discontented groups to argue for their policies within the political system.
2) For several reasons, only 2 parties have alternated in power in the US for more than 125 years.
a) The electoral system involves the twin principles of single winners (winner-take-all) chosen by simple plurality vote is the most important reason. It tends the encourage competion between only two parties for political office within each electoral district. The winner in American elections is one who receives the largest number of votes in each district. The winner does not need more than 50 percent of the vote. All they need is one more than his or her competitor.
b) The importance of the presidency causes diverse groups across the nation to coalesce in the two parties within each state.
c) Only those parties dominate contemporary elections because of historical claims on citizen loyalties.
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