Tomorrow morning at 6:30 in Rm 302, I will bring donuts/pastries, fruit, juice and chocolate milk. Please post in comment mode if you are able to bring any food for your brain. Also, post any Qs here till 10 pm and I will do my best to answer them.While you "Cram for the Exam" here is some more reading on Super PACs:
Fantasy Baseball for the Rich
54 comments:
Mr. Wolak,
Can you go over how the 14th amendment has been selectively incorporated?
Through the Due Process Clause of the 14th Amendment, the Supremes have "selectively incorporated" the Bill of Rights to the States. The last being in the case of McDonald vs. Chicago (2009):
"Justice Alito,specified that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in (DC vs.) Heller. Alito stated that the Court's decision in the Slaughterhouse Cases -- rejecting the use of the Privileges or Immunities Clause for the purpose of incorporation -- was long since decided and the appropriate avenue for incorporating rights was through the Due Process Clause."
The Bill of Rights was originally written to apply only to the actions of the federal government. The Fourteenth Amendment was the first to contain prohibitions on the actions of states.
"Soon after its ratification, the Supreme Court held in the Slaughterhouse Cases (1873) that the Fourteenth Amendment should be understood to apply only to the plight of former slaves and assuring their equal treatment under law. As time went on, however, the amendment was read more broadly and the doctrine of incorporation emerged."
First case selectively incorporated: Freedom of Speech in Gitlow v. New York (1925).
Katie B. Question, can you elaborate on:
-Influence of new media on public opinion
-New Media Ownership Concentration
-Rule and Procedure of House and Senate
-Supreme Court Justices Background
Answer:
New Media (or as I say, YOUDIA) has an influence on public opinion, because more and more people, especially young people get their view shared though social media.
"Television is still the dominant news source, but new media's reach is growing. What is known is that: New media has had a significant impact on elections and what began in the 2008 presidential campaign established new standards for how campaigns would be run. Since then, campaigns also have their outreach methods by developing targeted messages for specific audiences that can be reached via different social media platforms. Both parties have specific digital media strategies designed for voter outreach. Additionally, their websites are socially connected, engaging voters before, during, and after elections. Email and text messages are also regularly sent to supporters encouraging them to donate and get involved."
Barack and Michelle Obama hug following the 2012 re-election was the most tweeted picture ever, bringing in much money, until Ellen's Oscar selfie....
While New Media is called the YOUDIA, multi-media ownership is similar to the old media cross conglomeration. Mark Zuckerberg owns Facebook as well as Instagram, etc. like ABC owns ESPN, Disney and other media outlets.
House Rules committee very important -- House has closed rule, meaning amendments are made in closed session committee mark-up sessions. All revenue bills start in the House. House Ways & Means Committee most powerful standing committee.
Senate, with open rule, can add amendments on the floor, and block legislation by filibuster until cloture (3/5 majority vote is reached).
No formal requirements for SC justice (nominated by Prez. confirmed by Senate) but here is an interesting article about the Supremes educational background:
http://content.time.com/time/nation/article/0,8599,1988877,00.html
Rule of Propinquity=The closer you are to power the more power you have. WH office vs. Cabinet
As you should have remembered from a first semester article,
http://www.politico.com/magazine/story/2013/11/locked-in-the-cabinet-99374.html#.U3FUl8so_oY
Posted 11/29.
Mr Wolak,
I am kinda confused about bureaucracies and the reason why we are bound to follow their rules even though they are not directly part of the government. Can you please go over how this works?
Thank you!
Going off of akshaya's question, can you explain congressional oversight over the bureaucracy as well?
bureaucratic agencies ARE part of the EXECUTIVE Branch -- enforce the law, Article I of constitution. Lawmaking body, Congress makes law, but the agencies figure out how to implement (enforce) the policy.
Congressional Oversight -- call hearings (sometimes subpoenas executive branch) to answer on how policy was implanted or enforced...ie: Hurricane Katrina, FEMA called in to face tough Congressional oversight hearings.
From Cram For the Exam: Pork Barreling an Old School term = Federal Earmarking. Negatives -- wasteful government spending ie: "bridge to nowhere." Positives -- brings federal money (ie:jobs) to their districts, "Grease the Skids."
Congress also controls THE PURSE, to check the bureaucracy. They can hold back appropriations to check the executive agency.
FRQ tips:
No pronouns!
If FRQ verb asks to:
Identify: 1 sentence will do.
Describe: 2 sentences.
Explain: 3 sentences (three things, examples to explain concept). ...
Remember "Spare Tire Allowed... Give 2, you give 3." Also repeat the vocab!
What was the name of the act we talked about in class dealing with federal religious something
Mr. Wolak,
What is the significance of the Warren Court?
Katie,
Is it the Federal religious freedom restoration act?
Yes thanks
Federal Religious Freedom Restoration Act a good example of Congress "checking" SCOTUS informally.
(Earl) Warren Court 1953-69
The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.[1]
The court was both applauded and criticized for bringing an end to racial segregation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact.[2][3]
How important is understanding fiscal policy making?
Hey Mr. Wolak,
Can you please explain what Frontloading is?
Thank you!!
Could you elaborate on the 9th Amendment? is that a significant thing to know for the test tomorrow?
What is the difference between de facto and de jure?
Could you go over cleavages briefly please? thank you!
mr. wolak what are the differences between appellate court and district court and how do they work in conjunction with writ of cert. also, do we need to know minute details of writ of cert?
Question: What is the difference between fiscal and monetary policy?
Answer: Fiscal = budgetary choices of taxing and spending
Monetary = federal reserve decisions on interest rates and monetary supply.
More at Political Warrior 2/18/12:
Guns or Butter? classic budget debate.
President submits a proposed budget, Congress make the budget, sends it to the President to sign....but we haven't had a budget agreement for years....We have had a series of Continuing Resoulutions. Showing Congress' Power of the Purse, that's why we had a government shut down in the fall.
Frontloading is moving up Primary Elections. Done for various reasons, Illinois Frontloaded -- or moved up the Illinois Primary to advantage "Favorited Son" Barack Obama.
Early primaries build momentum -- Iowa Caucus and NH Primary have an bigger role in the nominating elections than they should, because they are Frontloaded.
9th Amendment is "Judicially Actively" used to make the decisions in Grisswold v. Conn. and Roe v. Wade, rights not enumerated in the constitution belong to the people. This becomes our constitutionally protected 'right to privacy.'
De Facto -- by fact or custom.
De Jure -- by law
Terms used when talking about Civil Rights and discrimination.
The Civil Rights Act of 1964, which that outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as "public accommodations"), outlawed Jim Crow De Jure Descrimination.
Unfortunately, De Facto discrimination still exists.
ie: Donald Sterling.
1.Under Intrest groups what does "bowling alone" mean?
2. Under Media what does "Wag the Dog" mean?
can you identify the differences between open and closed primaries
Going off Pei's question...what's the difference between a primary and a caucus?
U.S. has 12 appellate court districts, including in Chicago. hear most cases from federal districts, and use judicial review (based on constitutional law or legal procedures).
Most cases that are granted Cert (Rule of 4) come from the 12 appellate districts, but not all, some come from the State Court System.
Dual Court System (Federalism). Less cases being heard; 70 a year. Not as big of decisions (generally, except for Obamacare) as recent other Courts.
Bowling alone -- we are less community active, talking about political issues like they did back in the day in Bowling Leagues. People only talk politics with those they think will agree with them.
Wag the Dog (wont see this on test) from movie at time of Clinton scandal, that an administration will create an event to distract the public from a sticky situation for the WH.
Primaries and Caucuses both bring democratization to the people. Where party bosses made the nominees back in the day, the people now have much more say, and have made the political conventions big pep rallies with no nominating news.
Caucus (like in Iowa and Nevada) is a public declaration of your choice. Closed primary, like Illinois, you must declare your party, then get that party's nominating ballot. You can not vote in a primary for both parties.
Open primary -- a primary election in which voters are not required to declare party affiliation.
CAMPAIGN FINANCE -- think of loopholes. Supremes have consistently ruled campaign money is politically protected speech. HARD MONEY can be limited (Bi-Partisan Campaign Finance Reform Act of 2002), but SOFT MONEY, 527s and INDEPENDENT EXPENDITURES: political campaign communication that expressly advocates the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with or at the request or suggestion of a candidate, candidate’s authorized committee or a political party...can NOT be limited.
Linkage Instituions: Media; Political Parties; Interest Groups; Campaigns and Elections.
Electoral College: Non-direct presidential election, "winner take all," 270/538 to win....small states get bigger than proportioned role....reflected Framers distrust of 'We the People.'
What are the Top 10 most important supreme court cases we should know really well for the exam tomorrow?
Could you go over cleavages briefly please? thank you!
Entitlements (SS, Medicare) majority of federal spending. Not much debate here. Discressionary spending, small % of federal budget, large % of debate.
Federal Reserve Board -- Independent Regulatory Body with Fixed terms.
Cleavages -- any groups that feels separated from the power base. The 1%, minority groups, city schools, parents that have lost children to gun violence.
Cross cutting Cleavage -- both separated from power, but their interests conflict with each other, so they keep government from acting.
(sports bra)
Reinforcing Cleavage -- separate groups with a common cause that causes the government to take notice (maybe action). Ie; inner city parents Hidea Pendleton (Chicago) and Sandy Hook suburban parents call on Washington to take some action on common sense gun restrictions (psychological tests to buy guns)
(push-up bra)
Study the linked SC list on the blog....plus Citizens United.
Who's bringing food for breakfast besides me?
What is Amiscus Curiae and how does it apply to the federal court?
Make sure you all bring pens and pencils tomorrow....and wear you college T-shirts. It's YOUR MONEY!
Brief of Amicus Curiae is one of the major ways SC gets public opinion. "Friends of the Court" documents written to convince the Supremes to decide one way or the other. Cardinal Bernadin wrote to SC in 1996 urging them not to find a right to a legal physisian assistant suicide.
Ok thank you and one more, what is the elastic clause and what are inherent powers, and how do they relate/contrast from one another? Plus I can bring in some Dunkin Donut Munchkins
A minute detail of Cert is the Cert pool, 7 of 9 justice divide cert petitions into a pool read by their law clerks. Justice Alito had his clerks read all the cases. Clerks recommend to the justices whether to hear or not.
Can you clarify the differences between the Establishment Clause and the Free Exercise Clause
Elastic (or Necessary and Proper Clause) are the implied powers of Congress. Much or most of its power has been found here, like the power to fund the National Hi-Way System. Expressed powers directly in the Constitution. Power to tax and spend, declare war, etc.
Beyond the expressed and implied powers of Congress, the legislative branch possesses a third type of powers—the so-called inherent powers of government. There are not many of these inherent powers, but some are quite important; they include the power to control the country's borders, to give or refuse diplomatic recognition to other countries, to acquire new territories for national expansion, and to defend the government from revolutions.
Establishment Clause -- Know the Three-pronged Lemon Test (Lemon v. Kurtzman). Govt can neither endorse nor inhibit any religion; must have a secular purpose and avoid an excessive entanglement between church and state.
Free Exercise -- citizens have the right to believe (but not necessarily do) whatever they want in matters of religion. (Wisconsin v. Yoder; win for the Amish; Oregon v. Smith; loss for Native Americans; Sebilus v. Hobby Lobby, stay tuned of Free
Exercise decision.
Personal prediction: Sebilus wins 5 to 4.
I am going to bed. Continue the on-line conversation, but get good sleep. Hopefully some of you will bring in food. See you in the AM.
ALRIGHT GUYS I'M TAKING OVER, KEEP THE QUESTIONS COMING
I say Hobby Lobby, 5-4....either way, sure to be another of the many 5-4 decisions by this divided Roberts Court.
We have divided government in every branch. House (GOP), Senate (thinly D -- but not filibuster proof); WH (D).
Know that divided government leads to legislative gridlock.
Oh, My! Time for me to go....Don't let Ellis filibuster here.
A fascinating discussion is worth comment. I do think that you should write more on this topic,
it might not be a taboo matter but generally people don't discuss such
issues. To the next! Cheers!!
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