Chapter 1: Democracy in the United StatesChapter 2: US ConstitutionChapter 14: Civil LibertiesChapter 11: PresidencyThe Bureaucracy (Chapter 12)Chapter 13: Judiciary** Organization of Federal Courts****District Courts – Lowest Level of the federal court system; where most federal trails are heldAppeals Court (Circuit Courts of Appeals) – Court to which decisions by federal district courts are appealedSupreme Courts sits at the op of pyramid of judicial activityWrit of certiorari (cert)- Indication Supreme Court will review a decision made by a lower court.REQUIRES VOTE OF 4 JUSTICENumber of certs granted by Supreme Court has fallen in recent decadesSupreme Court Decision MakingBrief are submitted to the courtJustice listen to oral arguments (strictly limited)Preliminary decision is made in private conferenceOpinions are assigned and written; can involve many drafts and revisionsWritten explanation of why chosen to vote a certain way1. Majority Opinion – Written document explaining reasoning of the judges in the majority2. Dissenting Opinion – Presents the reasoning of judges who vote against the majority3. Concurring Opinion – Prepared by judges who vote with the majorityBut disagree with, or elaborate on, some aspect of the majority opinion.Stare Decisis, “let the decision stand” – In court rulings reliance on consistency with precedentsPrecedent – Previous court decision or ruling applicable to particular caseOnce the Court reaches a decision it sends (or remand) the case the lower court for implementationLowe courts then apply the law accordinglySupreme CourtComprised of 8 associate justice and the Chief JusticeChief has only one voteSome powers are ceremonial others are influential (power to assign opinions is key)Role of Solicitor GeneralSolicitor General – Gov’t official responsible for presenting before the court the position of the presidential administrationChosen for legal skillsAmicus Coria- friend of the courtRole of ClerksPerform much of the day to day workEach justice has 2 to 4 clerksInitially review certsAlso draft many opinionsSelection process for Supreme Court Justices and Federal Judges1. Nomination by President2. Confirmation by majority in SenateFor year Presidential nominees faced easy confirmationCourts are used by interest groups to place issues on the political agendaClass Action Suit- Brought on the behalf of all individuals in a particular categoryJudicial ReviewPower of the courts to declare null and void laws of Congress or state legislaturesConstitution is “supreme law of the land” but says nothing explicit about judicial reviewMarbury vs. madison – created judicial reviewTheory of Original IntentInterprets law by considering the intention of authors of the ConstitutionLiving Constitution Theory – Places the meaning of the Constitution in light of the total history of the USPlain meaning of the text theory – Interprets the law in light of what the words of the Constitution obviously seem to sayJudicial Activism- Principle of following precedent should sometimes be scarified to adapt to changing conditionsJudicial Restraint – Courts should, if at all possible, avoid overturning a prior court decision (stick with precedent)Judicial Review = BAD Undemocratic; Judges aren’t elected, should not overturn state or federal law= Good – Provides protection of minority rights & civil liberties; seldom usedStatutory Interpretation – The judicial act of applying laws of Congress, rather than the Constitution, to specific cases. Nothing specific in the Constitution, has been done, somewhat controversialConstitution AmendmentsLaws can be changedNon-enforcement of decisions – they don’t have no way to force their decisions; just good willState CourtsFirst American Courts were State CourtsConstitution created national judiciaryEvery State has it’s own judiciary: Trial courts, courts of appeal’s, court of last resortsState Supreme courts decisions may be appealed to the USCivil Courts – Regulates relation among individuals, usually involves money for damagesCriminal Code – regulates relations between individuals and societyMartin v. Hunter’s Lessee- Supreme Court ruled it had the power to review and to overturn the decisions of state courtsMcCulloch v. Maryland 0 Decision in which the Supreme Court first declared a state law unconstitutional.Final Exam Study Guide For POS1041 Into To American GovernmentChapter 1: Democracy in the United States Rational Theory Choice (RAT Choice) Utility function – value assigned to a preference, use to guide choices Preference ordering or priority – decides how we are going to choose 4 axioms: Known set of alternatives There is a pair of preference, completeness Transitivity: A>B>C therefore A>C Choose most preferred Equilibrium – when given a choice choose most optimized incentive w/no incentive to change Types of Government Democracy – governmental power is widely shared amongst citizens through free and open elections Government by the many Direct democracy – ordinary people form gov’t and make all the laws Representative democracy “republic” – form of indirect democracy in which the people choose representative• Delegate style – ordinary citizens participate and constrain actions of public officials• Trustee Style – citizens are more passive, choose representatives, but do not tell them what to do More elections than any other country• ½ million elected officers in the US• National elections: President, 100 Senators, 435 member of House of Reps• State elections: governor, state legislature• Local: sheriffs, school board• Judicial: state, county and municipal New American Democracy• Primary – preliminary election to narrow # of candidates down and determine nominees of general election• General -Final election that selects office holder• Initiative – proposals placed on ballot via citizen petition• Referendum –voters approve/reject proposal placed on ballot by legislature or city council• Recall- voters propose and vote on whether to remove an elected official from office mid-tenure• Initiative, referendum, recall all examples of Direct Democracy Permanent Campaign• Campaign literally never ends• Disappearance of line between campaigning and governing ♦ governing becomes campaign strategy♦ public officials sacrifice long-term goods for short-term electoral
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