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Political Science Review2

Political Science Review2

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Published by refu222

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Published by: refu222 on Dec 16, 2009
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02/24/2010

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Political Science Review #21.
Greatest power that the US Supreme Court has is the power of  judicial review.a. What is judicial review?I. Power of the Supreme Court to annul laws as unconstitutional.ii. First use: 1803 – Marbury v Madison1. Chief Justice John Marshall declared a clause of the 1789 Judiciary Act unconstitutional.2. Strengthened power of the judicial branch (was far weakerthan the other two)b. Is this power given to the court by the Constitution?I. Noc. If not, how did the court acquire it?I. Marbury v. Madison case1. John Marshall (1801-35)d. Importance of Marbury v MadisonI. Strengthened power of the judicial branch. Before, it was farweaker than the other two.1. Became an equal partner in government.ii. Addition of powers1. Power to declare acts of Congress and by implication acts of the president, unconstitutional- if they exceed the powersgranted by the Constitution.2. Became the arbiter of the Constitutiona. Final authority on what the document meant.e. Real or hypothetical example of court using this power:I. Brown v Board of Education (1954)ii. United States v. Nixon (1974)
2.Outline of how a bill becomes lawHouse
Bill is Introduced
Assigned to Committee
Sent to Rules Committeei. Assigned to sub committeeii.Return to full Committee if Approved
Rules Committee
Floor Vote
Senate
Bill is Introduced
 
Assigned to committee
Returned to full Committee if approved
Scheduled for floor action if approved
Assigned to sub committee
Floor Vote Vetoed or Becomes Law without Signature or PocketVetoed or Return for Override if Necessary
Bills must pass both houses to be eligible for presidential action.•Although much legislation begins in the White House, thePresident cannot introduce a bill, he engages faithful colleagues inthe House or Senate to introduce the bill.
B.
subcommittees and committees do most of the work because they arespecialized committees and subcommittees; most of the changing of a bill isdone in subcommittees, and then passed back to the house or senate for finalapproval and last minute touch ups.
-The President cana.) sign the bill into lawb.) veto the bill, in which case both houses will need to secure a two-thirds vote tooverride the veto.c.) allow the bill to become law without the President’s signature simply by failing totake action within ten days. This tends to occurs when the president does notsupport the legislation but recognizes that it has enough support for a veto overrided.) exercise a pocket veto by letting the bill sit unsigned for ten days when thereare fewer than ten days left in the legislative session. Since many bills do not passuntil the end of a session, the potential for pocket veto is substantial.Legislation can be prevented from coming to the floor or vote by:
Filibuster – senators holding the floor for an unlimited amount of time till theopponent gives up
Members can end it by using cloture, 60 votes to end it.
Hold – senator wanting personal consultation before the membership voteson it
Don’t happen often because of respect
3.)
A. Gerry Mandering is when district boundary lines are drawn to ensure theelection of a particular party, group, or person.b. It happens often because
 
this can either help or hinder a group of political constituents such as political, racial, religious groups, etc.
 
c. The process originated in 1811 when Elbrich Gerry redrew Mass. linesfor benefit for the republicans over federalists.d. In the 1990’s the Justice Department supported efforts to createminority-majority districts, which are districts formed by fitting togetherpockets of minority populations to enhance the chances of electingminority candidates. The Supreme court invalidated the bizarrely shapedNC district that shaped 165 miles long based on the grounds that racecannot be the sole factor used in redrawing district boundaries.e. Congress has had cases come up of making the minority the majority inwhich it provokes them to vote and allow more diversity in Congress, sothey more open to the idea.
4.)
a. Redistricting is the practice of drawing congressional district boundaries toaccord with population changes and re reapportionment is the periodic reallocationof 435 House seats amount the states as population shifts from one region toanother.b. It’s done every ten years based on the most recent census data. They aredone because people are always moving within and between states.c. Texas took its second redistricting in 2003 thanks to the effort by staterepublicans under the leadership of former house majority leader Tom Delay. Tooffset potential congressional midterm losses for his party brought about by gains inother states, he urged republicans in his home state to redraw the map to corraldemocrats into fewer competitive seats. The republicans gained three additionalseats in the 109
th
congress.
 The process originated in 1811 when Elbrich Gerry redrew Mass.lines for benefit for the republicans over federalists
d.
reapportionment has problems mid-decade because it could work against themembers of the president’s party if voters are dissatisfied with the presidente. House of Representatives are capped at 435 in 1911 and it was becausesome states grow and some states lose population.
5.)
How was the powers changed over time of the president?
a. Early 20’s there was no need for strong president. Policy making was left tolegislation.
2 main structural changes:
1. A massive change in the American economy – the U.S. went from freemarket economy, the industrial revolution changed, it went big. It made thegovernment have to get more involved.
More federal bureaucracy

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