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Study Guide for First Exam POL S 4130 Spring 2012 The best way to prepare for this

exam is to review your notes and try to answer the following questions. My office hours are Tuesday from 10:30 to noon and 1:00 p.m. to 2:00 p.m., and you can email me with questions. I would recommend that you try to form study groups to discuss the questions and possible answers with your classmates before the exam. 1. The Constitution Branches of Government a. What Article deals with Judicial Power? Legislative Power? Executive Power? b. Besides separation of powers, what other framework does the Constitution deal with? c. What Courts are mentioned in Article III? d. How are other courts created? e. What Judiciary Act created the other courts f. What is appellate jurisdiction? g. What is original jurisdiction? h. What or who determines the kind of case the Supreme Court hears? What is the process called, and how does it work? 2. Decision Making models and Judicial review a. What do we mean by the legal, or case study method? b. What is the attitudinal method? How does it work? Why is ideology important in case outcomes? c. What is the SOP model? d. What do we mean by strategic interaction? e. What is originalism? f. What is judicial review, and why is it important? g. What case established the principle of judicial review? h. How does the Supreme Court act as the protector of minority rights? Why is this important? i. Why is the Marshall Court important? j. What were some of its important decisions? What did they do for the relative power of the early federal government? 3. Jurisdiction and Justiciability a. What is jurisdiction? b. What is the power of the Supreme Court over state court decisions? Why is this important? What case established this important principle? c. What constraints are there on the exercise of judicial power?

d. What is a case and controversy? e. What are standing, mootness, and ripeness? What is Justiciability? f. Can taxpayers sue the US Government because the taxpayers disapprove of government budgets and spending? Why or why not? g. What is needed to have standing? h. What is a political question? Why is this important? i. What is a polycentric problem, and how does that relate to political questions? j. Is the question of state district representation a political question? Why or why not? k. What do courts usually do with political questions? 4. Congress and Internal Affairs a. b. c. d. e. f. g. h. i. What does it mean to say Congress has power over its internal affairs? Where does this power come from? Can congress expel members? Why, and under what circumstances? Can states regulate congressional elections? If so, is there any limit to the types or time, place or manner of such regulation? Can states impose term limits on federal elective offices? Why or why not? What is the speech or debate clause? What is the protection afforded statements made in committee or subcommittee? What is the protection afforded legislative aides? What is the difference between legislative and political activities?

5. Enumerated and Implied Powers of Congress a. What are some of the important enumerated powers of Congress? b. What is the necessary and proper clause? c. What do we mean by implied powers, and what is the source of those implied powers? What are the limitations on such power? d. What does the Tenth Amendment say? e. What famous Marshall court case discussed the necessary and proper clause and the Tenth Amendment? f. What did this case do for the power of the national government and the power of congress? g. What are other sources of power besides enumerated and implied powers? h. Can Congress gain power from Constitutional amendments? If so what is an example of that additional power? i. What are the limits on congressional power? 6. The Power To Investigate a. What is the power to investigate? Why does Congress have this power? b. What, if any, are the limits to such power?

c. d. e. f.

Is the language of the congressional resolution important? What are the differences between Watkins, Barenblatt, and Gibson? What various decision making models can explain these differences? Are the differences due to different facts and law, differences in judicial ideology, strategic interaction with other branches, or some combination? Why or why not?

7. Scope of Executive power a. What does the constitution say about presidential elections? What branch of government ultimately is responsible for resolving disputed elections? b. What was the holding of Bush v. Gore? What is the criticism of David Kairys? c. What is the authority of the executive over disbursing funds? d. When can the President impound funds allocated by Congress? e. What are executive orders? Why does the president have such power? f. What is the veto power? What is the line item veto? g. What is the appointment power of the President? Where does it come from? Why is it important? h. What is the difference between policy making and policy implementation? i. What is the removal power of the president? Where does it come from? What, if any are the limitations on such power? j. How does accountability and independence relate to the appointment and removal power? k. What is the scope of the presidents powers over foreign affairs? Does it differ from the power over domestic affairs? If it is different, why is it different? What are the reasons or theories for the difference? l. What is the sole organ theory? 8. Executive Privilege a. b. c. d. What is executive privilege? What are the reasons for its assertion? What limits, if any, are there to the claim of executive privilege? What must the president assert to claim executive privilege? Can the president be sued? Why and by whom? What are the limits to suing the president? Can the presidents aides be sued? Why and under what circumstances?

9. The Power to Pardon a. b. c. d. What is a pardon? What is the Presidents power to pardon, and where does it come from? What are the reasons for the President to have such power? What are the limits on such power?

10. Separation of Powers: Delegation a. What does delegation mean? What are the problems with delegation? b. What are the reasons for delegation? c. What are some of the standards necessary for delegation? What is an intelligent principle? d. What is a legislative veto? Is such a veto constitutionally permissible? Why, or why not? 11. Separation of Powers: War, national emergencies, and elections a. What is the Sentencing Reform Act of 1984? What did it purport to do with judicial criminal sentencing procedures, discretion and terms? b. What did Fred Korematsu do to justify his detention? What did the Supreme Court rule, and why? c. What is the extent of the presidents power during wartime? Do specific wartime emergencies trigger such power? d. What is an enemy combatant? Who determines that status and on what basis? e. What did Quirin say? What are the rights of spies? f. Can enemy combatants have access to counsel? g. What does Milligan have to say about wartime emergency? How does it define an emergency? h. Can the President indefinitely hold an American citizen? i. What limits, if any, are there to this power? j. What is the role of Congress during these times? Over foreign affairs? Can Congress limit presidential power? k. What is the role of the Courts during these times? Can they limit such power? Do they have any power over foreign affairs?