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I. Chapter XII Who controls the House? - majority 218/435 members Congressional Elections - Who wins elections?

? o incumbents already holding office single most important factor o exceptions: 1980s: Republicans win 35 seats 1994: 54 seat swing Republicans win control o 1st time since 1954 2010 63 seat swing Republicans win control o Why? advertisement more visible to constituents o people represented by an elected member of government frequent trips home, better technology credit claiming service to constituents through o casework doing things that specifically help constituents o pork barrel federal projects, grants, etc. made available in a congressional district/state federal tax $ position taking portray selves as hard-working individuals occasionally take a partisan stand on issue weak opponents inexperienced in politics, unorganized & underfunded campaign spending challenges need to raise large sums of money to challenge the incumbent franking privilege PACs give most money to them - Defeating Incumbents o scandal/corruption o redistricting o major political tidal waves - The Role of Party Identification

o most members represent the majority party in their district, & most who identify with a party reliably vote for its candidates Open Seats o seat for an elected office that does not have an incumbent o greatest competition o most turnover open seats 2012 AZ Senate (Jon Kyles vacancy) Jeff Flake vs. Richard Carmona Stability & Change o incumbents provide stability in Congress more efficient & experienced o change in Congress occurs less frequently through elections Term Limits o laws that limit the amount of terms that a member of government can serve o common at state & local levels Arizona: governor 2 terms, re-eligible every 4 years legislature 4 consecutive terms o uncommon at federal level no term limit for Congress 22nd Amendment POTUS 2 terms

American Bicameralism - Legislative Congress make the laws - Executive President executing the laws - Judicial Supreme Court judge the laws o Lockian division of power - bicameralism o Congress House of Representatives Senate House of Representatives 435 2 year terms revenue bills House Rules Committee limited debates

Senate 100 6 year terms advice & consent more influential on foreign affairs unlimited debates (filibusters)

Filibuster - opponents of a bill or legislation try to talk it to death o Senates tradition of unlimited debates - 60% (super majority) to stop a filibuster House of Representatives (very fast) o majority party dominates o hierarchical & organized

party loyalty party-line voting voting for a bill the party wants one to vote for - House Leadership o Speaker of the House called for in Constitution elected by member of the House of Representatives majority party wins presides over/rules/leads the House assigns members to committees determines what legislation will be voted on appoints party leaders 2nd in line to be President John Boehner (R) o Majority Leader ally of the speaker bills & committee assignments chosen by party Eric Cantor (R) o Minority Leader typically was the previous speaker (when their party was in majority) Nancy Pelosi (D) o Majority Whip get Speaker & majority leader votes they need from party members Kevin McCarty (R) o Minority Whip get the minority leader the votes needed from party members Steny Hoyer (R) - House Rules Committee o purpose review bills before going to full House for vote o appointed by speaker o single most important committee o majority party dominates sets the rules day for voting or passage rules for amending the bill time for debate Senate (slow) o less disciplined & centralized o individual senators are more powerful than individual House members o formally led by VP (tiebreakers) o actually led by majority leader chosen by party members assisted by whip

o majority leader must work with minority leader - Majority Whips/Leader o work together to schedule floor action & get votes Majority Leader Harry Reid Majority Whip Dick Durbin - Minority Whips/Leader o works with minority leader o more power than the House minority leader Minority Leader Mitch McConnell Minority Whip John Cornyn - President Pro Tempore o highest-ranking Senator (typically longest serving) elected by Senate rd o 3 in line to presidency Committee System - purpose: o simplify work done by Congress o committees discuss ideas of the bill & decide if the ill should be worked on o representatives & senators are assigned to many different committees - Standing Committees o separate subject matter committees that handle bills in different policy areas house 20 senate -16 - Important o House Ways & Means Committee taxation o House Rules Committee - Joint Committee o membership is drawn from both the House & Senate less number than standing 2 sections/branches - Conference committees o resolve differences in House & Senate bills o bills passed by each house must be identical - special (select) committees created to investigate a specific purpose o specific to each house Getting on a Committee - members want committee assignments that will help them get re-elected, gain influence & make policy - new members express this committee preference to the party leaders - those who have supported their partys leadership are favored in the selection process - committee chair the leader of a committee o most important influencer of congressional agenda o dominant role in: scheduling hearings

hiring staff appointing subcommittees managing committee bills when they are brought before the full house How Congress is Organized to Make Policy - most chairs selected according to seniority system o members who have served on the committee the longest & are in the majority o in good standing with the speaker Making a Bill - Step I Get an Idea o make a bill - Step II Member of Congress supports the idea - Step II bill introduced on the floor of 1 of the Houses in Congress o e.g. House of Representatives first - Step IV speaker assigns the bill appropriate committee - Step V committee work o subcommittee, hearings, etc. o vote on the issue o most of the time bad idea bill dies - Step VI House Rules Committee o set: date for when bill is voted on time for debates rules for amendments - Step VII Full House o floor action debate vote yes (51% vote) simple majority no the bill dies - Step VIII Repeat Steps II VII in the Senate - Step IX Conference Committee o members of House & Senate make the bill identical - Step X Back to Both Houses to be Voted on Again o 51% - Step XI To the President o 4 Things that Can Happen Sign the Bill into Law Veto the Bill Congress (both houses) 2/3rds vote override Pocket Veto President gets the bill, doesnt do anything for 10 days o Congress adjourns bill fades away, expires The-Nameless-Other-Side-of-the-Pocket-Veto-that-Sometimes-Happens

President gets bill, doesnt do anything for 10 days o Congress stays in session bill becomes a law - many interest groups, PACs, superPACs influence during the whole process - hyperpluralism o too much influence bad bills? o too great of an influence contradictory laws? How Congress is Organized to Make Policy - Caucuses The Informal Organization of Congress o caucus a group of members of Congress sharing some interest or characteristic around 300 o pressure for committee meetings & hearings, & vote on bills o can be more effective than lobbyists o organized by: political ideologies race common interest - Congressional Staff o personal staff work for the Congress member, mainly providing constituent service, but help with legislation too o committee staff organize hearings, research & write legislation, target of lobbyists o staff agencies CRS, GAO, & CBO provide specific information to Congress CRS Congressional Research Staff GAO General Accounting Office CBO Congressional Budget Office The Congressional Process o Presidents & Congress Partners & Protagonists President tries to persuade Congress that what he wants is what they want President works with the leader of his party in Congress many resources to influence Congress to succeed, the President must win at least 10x Party Constituency & Ideology - Party Influence o party leaders cannot force party members to vote a particular way but many do not vote along party lines - Constituency vs. Ideology o primary determinant of members vote on most issues is ideology o on most issues that are not salient legislator may ignore constituency opinion o on controversial issues, members are wise to heed constituent opinion The Committee at Work: Legislative Oversight - Legislative Oversight o monitoring of the bureaucracy & its administration of policy through committee hearings o oversight usually takes place after a catastrophe more popular in the last few years Iron Triangles

- interest group, congressional committee (subcommittee), & govern regulatory agency Legislation - bill a proposed law; an idea - anybody can draft a bill, members of Senate can introduce them - more rules in House than Senate - party leaders play a vital role in steering bills through both houses, but less in Senate II. Chapter XIII The Presidency Who They Are - 35 + natural born US citizen that has resided in the US for 14 y - white male Protestants - political preferences o best state government o worst secretary of state How They Got There - elections the normal road to the White House o once elected, the president serves a term of 4 years o in 1951, 22nd amendment limited the number of terms to 2 o most elected to office - Succession o VP success if President leaves office due to death, resignation, or removal o under 25th Amendment, VP is acting president if VP & Presidents cabinet determine that the President is disabled - Impeachment o who any member of the judicial or executive branch o Legislative Branch does the impeaching an accusation requiring a majority vote in the House treason, bribery, other high Crimes & misdemeanors o treason going against ones country o bribery doing things for $ o other crimes felonies o if presidents impeached, the Chief Justice of the Supreme Court will preside over the Senate o 2 presidents Bill Clinton, & Andrew Johnson neither has been convicted - Houses Role o any member of house creates a bill of impeachment list out accusations o sent to committee o eventually voted in by whole house o simple majority required - Senates Role o house members serve as prosecution o Senate serves as jury o super majority (67%) required to convict

removal from office & disqualified from ever holding a federal office again

4 Main Powers - National Security Powers o Commander in Chief civilian control of the military o can make treaties with foreign nations checks & balances Senate approves with 2/3rd vote o nominate ambassadors checks & balances Senate approves with 2/3rd vote o receive ambassadors diplomatic recognition of other governments - Legislative Powers o report to Congress on State of the Union usually a speech o recommend legislation to Congress e.g. Obamacare o convene Congress on ordinary occasions o veto legislations 2/3rd Congress vote can override - Administrative Powers o take care that the laws be faithfully executive o nominate lesser officials (Cabinet, FBI,CIA) 2/3rd of Congress o request written opinion of administrative officials o fill administrative vacancies during Congressional recess - Judicial Powers o grant reprieves & pardons for FEDERAL offenses 2/3rd Senate confirmation th - 20 Century dramatic growth in power o Woodrow Wilson wanted more power Running the Government The Chief Executive - The VP o waits for things to happen & things to do o power has grown over time, as recent presidents have given VPs important jobs o job make President win - The Cabinet o presidential advisors o NOT MENTIONED IN THE CONSTITUTION o 14 cabinet secretaries, & attorney general confirmed by Senate - The Executive Office o policymaking & advisory bodies National Security Council (NSC) created in 1947, coordinate foreign & military issues o 5 members

President, VP, Secretary of State, Secretary of Defense, led by National Security Advisor Coucnil of Economic Advisors 3 members economic issues very prominent in Obama administration Office of Management & Budget managerial & budgetary functions include legislative review & budgetary assessment proposals Budget o President OMB o Congress CBO o same function indifferent branches

The First Lady not official position most involved in social issues o Most Politically Involved Eleanor Roosevelt Hillary Clinton health care o Non-Politial Nancy Reagon war on drugs Barbara Bush reading Laura Bush reading Michelle Obama healthy eating

Presidential Leadership of Congress The Politics of Shared Powers - Chief Legislator o veto o pocket veto o line item veto ability to veto part of a bill unconstitutional - Party Leadership o The Bonds of the Party psychological bond between legislature & President - Leading the Party o support/punishment withholding favors o presidential coattail voters cast vote for congressional canddiates because of Presidents party because support president o presidential election year party gains o midterm election year party loses - Legislative Skills o Bargaining giving up something important in order to gain something more important o using the honeymoon period

President can increase chances of being successful if he passes his policy in beginning of the first term o president sets the agenda - War Powers o Shared War Powers in Constitution Congress declare war President tropps & equipment o 1964 Gulf of Tankin Resolution seemed to have been attacked Congress doesnt declare war gives President power to use force in Vietnam prevent President from gaining superpowers president thinks he still has superpowers o 1973 War Powers Resolution intended to limit presidents use of military ask for permission before & after; withdraw in 60 days unless Congress says otherwise President sees as unconstitutional Executive Orders - order of President directly to members of executive branch - goal help members of executive carry out duties - constitutional? o not explicitly stated in Constitution vague grant of executive power Article II. Section I. Clause I take care that laws are faithfully executed helps perform duty - Supreme Court o 1952 Steel Industry struck down Trumans nationalizing of steel industry in executive order believe should not create new law some presidents now emphasize in line with pre-existing laws - Controversial o president is accused of abusing power supposed to enforce, not make laws o thencedy to do controversial thigns Truman integration of military commander in chief Eisenhower desegregation of schools Brown vs. Board of Education FDR 1066 remove all people from military zone justify internment of Japanese-Americans - Crisis Manger o national disasters, national security, etc.

o rule of president help/hurt image o president can act much faster than Congress to resolve a crisis The President & the Press - adversaries due to different goals - press secretary only person to interact with the press III. Chapter XIV The Congress, the President, & the Budget: The Politics of Taxing & Spending budget o a policy document allocating burdens (taxes) & expenditures o money you have money you need to spend revenue o money raised by some activity expenditures o spending $ deficit debt o spend more $ than you have

4 Major Taxes - Income Tax o $ earned by activity over a period of time o tax on income o private citizens, businesses, & corporations - Social Insurance Taxes o payroll tax/FICA o funds Social Security & Medicare o social insurance programs - Capital Gains Tax o tax on investments between 10% 20% - Excise Tax o tax on a specific good or item e.g. cigarettes, alcohol, gas Income Tax - 16th Amendment allowed Congress to levy taxes o nonuniform tax - individual income taxes single largest source of government revenue - progressive o higher rates more money - Article I. Section VIII o uniform tax Borrowing - Treasury Department sells bonds (loans to the government that will be paid back with interest) o how the government borrows money

o one of the safest investments federal debt all $ borrowed over the years

Tax & Public Policy - tax loopholes tax breaks or benefits for a few people - tax expenditures revenue losses that result from special exemptions, exclusions, or deductions on federal tax exclusions, or deductions on federal tax law health care cost charitable deductions mortgage interest children contributions to 401K o subtract value off gross income - tax reduction general call to lower taxes - tax reforms rewriting the taxes to change the rates & who pays them o Tax Reform Act of 1986 extensive tax reform Entitlement Program - entitlement programs o government benefits that certain qualified individuals are entitled to law, regardless of need o policies for which expenditures are uncontrollable because Congress has, in effect, obligated itself to pay X level of benefits to Y number of recipients - biggest part of federal funding Social Security - History o created in 1935 Social Security Act FDR New Deal first withholdings & payments 1937 o sold as a bank account - How it Works o Payroll Tax (Social Security Withholding) employer: 6.2% employee: 6.2% o individuals pay into this table for their whole lives receive benefits at 67, until death - The Future of Social Security (were screwed ^_^) o people are living longer life expectancy from 65 80 o not enough workers Baby Boom Generation (1945-1960) is huge smaller recent generations o trust fund Congress takes excess $

Social Security Solutions o raise retirement age from 67 70/75 AARP o decreasing benefits/month AARP o privatize social security bank account & slow market to invest in stock market o increase taxes most people disagree o get rid of it

Medicare - 1965 Social Security Act o Medicare hospitalization & health insurance for old people payroll tax o recipients receive monthly premiums for care o in worse shape, financially, than Social Security less $ to fund medicine expensive o entitlement program Federal Expenditures - incrementalism o the idea that last years budget is the best predictor of this years budget o base-line budgeting - uncontrollable expenditures o spending, determined by the # of recipients, not a fixed $ figure o mainly entitlement programs - Social Security & Medicare most expensive o $1.1 trillion/year Subsidy - government pays one to do something The Budgetary Process - Congress & the Budget o Congress Budget & Impoundment Control Act of 1974 established: fixed budget calendar budget committee in House CBO advises Congress on the probable consequences of its decisions, forecasts revenues, & is authorized & appropriated authorization bill establishes a discretionary government program appropriations bill

funds program within limits established by authorization bill Success of 1974 Reforms o Congress misses most of its deadlines o continuing resolutions bills passed by Congress to keep the government going until it passes a budget

IV. Chapter XV The Bureaucracy th The 4 Branch of Government - bureaucracy o administrative state & bureaucratic government Introduction - classical concept of bureaucracy (Max Weber) o heretical authority structure that uses task specialization, operates on the merit principle, behaves with impersonality - NOT in the Constitution - bureaucracy throught mankind was too advanced o educated solve all problems - as the government regulates more, less liberty & freedom Constitution Karl Marx, Hagel/Europe in the 1850s limited unlimited small government government can come in & do whatever it needs to do to prevent/stop bad things from happening natural rights Congress makes LAWS President enforce LAWS Supreme Court clarify LAWS bring about PERFECTION bureaucracy REGULATIONS

What Bureaucrats Do: - their expertise & information help Congress & the President make decisions - perform vital services - expertise allows them a lot of freedom o little Congressional oversight Largest Offices - Department of Defense (DOD) o of all federal employees o 1.4 million in uniform - US Post Service o 28% of federal employees - Department of Veteran Affairs o related to DOD o 253,000 employees The Bureaucrats - civil service from patronage protection

Spoils System o to the victor go the spoils patronage job given for reasons other than merit - popular from 1830s 1880s o James A Garfield assassinated by deranged officer Civil Service Reform - system of hiring & promotion based on merit & nonpartisanship - created by the Pendleton Civil Service Act (1883) o civil service exam test one takes to get a federal job - merit principle o entrance exams & promotional ratings to find people with skills & talent - hatch act o prohibits government employees from actively participating in politics How They Got There - Civil Service: From Patronage to Protection o Office of Personnel Management (OPM) federal office in charge of most of the governments hirings o General Schedule Rating a schedule for federal employees ranging from GS 1 GS 18 o Senior Executive Service an elite cadre of about 9000 federal government managers established by the Civil Service Reform Act of 1978; mostly career officials - The Other Route to Federal Jobs: Recruiting from the Plum Book o lists the very top jobs available for the Presidential appointment o President works to find capable people to fill the positions o some plum jobs (ambassadorships) are patronage o most important trait transience superiors moved in & out of their positions therefore these jobs remain o plum job ideal job; top jobs 4 Major Bureaucratic Agencies o cabinet o independent regulatory agencies regulations; FEC o Government Corporation o Independent Executive Agency - The Cabinet Departments (14) o 13 headed by a Secretary Department of Justice Attorney General o each has own budget staff important tasks in the government State Department foreign policy Department of the Treasury money, finance, NOT taxes national debt, bonds

Department of Defense military, war Department of Justice legal issues involving the US - The Independent Regulatory Agency o responsible for some sector of the economy, making rules & judging Federal Communications commission (FCC) Federal Trade Commission (FTC) Securities & Exchange Commission (SEC) stock o most of the time __Commission o exceptions exist e.g. FDA (Food & Drug Administration) o headed by a commission of 5 10 people o rulemaking is on important function watched by interest groups & citizens alike o concern over capture of agencies agencies act on the behalf of the industry they are supposed to regulate, not public interest - The Government Corporation o like a private service, but owned & controller by the government o typically charge post office & Amtrak - Independent Executive Agencies o dont fit into others General Service Administration (GSA) NASA What Implementation Means - translating the goals & objects of a policy into an operating, ongoing program - includes o creating * assigning an agency the policy o translating policy into rules, regulations & forms o coordinating resources to achieve these goals Why the Best-Laid Plans Sometimes Flunks the Implementation Test - Program Design - Lack of Clarity o Congressional Laws ambiguous & imprecise o laws conflict with each other - Lack of Resources o agencies may be big, but may not have stuff to carry out policy goals o many different types of resources needed o no authority to act - Administrative Routine o Standard Operating Procedure (SOP) bring uniformity to complex organizations Bureaucracies as Implementers - Administrators Dispositions

o authority to select among various responses o street-level bureaucrats have the most discretion interact with normal people Fragmentation o responisbiltyf for a policy is sometimes dispersed among several units in the bureaucracy o some policies are spread across several agencies e.g. Department of Homeland Security Voting Rights Act of 1965 o disenfranchisement lacking the ability to vote poll taxes, grandfather caluse, understanding clauees o kept African Americans o suffrage legal right to vote o registered 1000s of African Aemricans to vote in the S Department of Justice o how to properly implement a law Voting Rights Act o clear, concise goal o implementation is clear o those carrying out the law could enforce the law Bureaucracies as Regualtors o regulation use of governmental authority to control or change some practice in the private sector A Full Day of Regulation o federal agencies check, verify, & inspect many of the prodcuts & services we take for granted o federal & state agencies provide many services All Regulations Contain these elements o a grnat of power & set of directions from Congress o a set instructions form the regulatory agency o some means of enforcement Towards Deregulation o deregulation lifting of restrictions on business, industry & professional activity o regulatory problems: regulation raises prices for consumers hurts US competitive position abroad doesnt always work well Bureaucracy & Democracy o presidents try to control the Bureaucracy appointing the right people issue executive orders carry force of policies & are used ot implement policies alter an agencys budget reorganize an agency

Creation of Department of Homeland in 2002 o Congress Tries to Control the Bureaucracy influence appointments of the right people confirms President appointments alter an agencys budget hold oversight hearings rewrite legislation/make it more detailed V. Chapter 16 Judicial Courts The Nature of the Judicial System - 2 Types of Laws o Criminal law Government charges an individual for violating 1/more specific laws Prosecutor government Criminal defendant o Civil Law The court resolves a dispute between 2 parties & defines the relationship 2 individuals (private citizens) - 2 Types of Courts o Federal courts & State Courts Federalism provides for multiple levels of government, and, therefore, judicial court levels o Most cases are tried & resolved in state, not federal courts E.g. Burglary & divorce - Levels (National): o Supreme Court Mainly appellate, but also original jurisdiction o 12 Courts of Appeals Appellate jurisdiction o 96 District Courts Original jurisdiction Jurisdiction o Original jurisdiction The court will hear the case first Determines the facts Determines guilt & innocence Trial o Appellate Jurisdiction Review the legal issues in cases brought from lower courts Lower courts original jurisdiction Looks for MISTAKES Types of Courts - District Courts (96 federal courts) o Original jurisdiction

Courts that hear the case first & determine the facts o The following types of cases Federal crimes Civil suits under federal law & across state lines Supervise bankruptcy & naturalization Review some federal agencies Admiralty & maritime law cases (on the oceans) Supervision of naturalization with aliens Courts of Appeals (12 courts) o Appellate jurisdiction o No trials & jury Errors of procedure & law Supreme Court o Appellate & original o Ensures uniformity in interpreting national laws, resolves conflicts among states & maintains national supremacy in law 1 chief justice & 8 associates Controls its own agenda Most come from federal court houses Most civil cases Determined by Congressional Law o ~ 100 cases/year o Original jurisdiction no choice Does not happen very often Cases involving foreign diplomats o US ambassadors/other lesser diplomats o Cases involving a state US v. state, state v. state, state v. country, citizen v. another state, etc. Most go to district courts b/c of laws

Participants in the Judicial System - Litigants o Plaintiff charging o Defendant charged o Jury people who decide the outcome of a cases (usually 12) - Standing to sue o Plaintiffs have a very serious interest in the case o Have sustained or likely to sustain direct injury from the government - Justiciable dispute o Case can be settled as a matter of law The Politics of Judicial Selection - POTUS appoints all (Supreme, Appeals, & District) - The Lower Courts

o District (Original) Level 10-20 judges/courthouse Senatorial courtesy Unwritten tradition where a judge is not confirmed if a senator of the presidents party from the state where the nominee will serve opposes the nominee ONLY at district level (100s of appointments) o Appellate Level POTUS has more freedom o Supreme Court No Senate approval needed The Appointment Process of the Supreme Court - POTUS appoint who he/she thinks is best - Attorney General & Department of Justice aid o Find good justices - 1/5 not confirmed - Characteristics of Appointments o Trends Political ideology Political party Judicial experience Race, gender spot Age (-50) o No constitutional requirements - The Chief Justice o Unite the Court o Difficult job

Name John Roberts (CJ) Sonia Sotomayor Stephen Brayer Samuel Alito Jr. Elena Kagan Clarence Thomas Antonin Scalia Ruth Bader Ginsburg Anthony Kennedy Historical Courts & People - Warren Court

Current Justices Approver Year George W. Bush 2005 Barack Obama 2009 Bill Clinton 1994 George W. Bush 2006 Barack Obama 2010 George H. W. Bush 1991 Ronald Reagan 1986 Bill Clinton 1993 Ronald Reagan 1988

Ideology Conservative Liberal Liberal Conservative Liberal Conservative Conservative Liberal Deciding Vote

o Chief Justice Earl Warren (1953-1969) Activist court Brown v. Board of Education (1954) Miranda v. Arizona (1966) Burger Court o Chief Justice Warren Burger (1969-1986) Transformative court Personally conservative, not his court Rehnquist Court o Chief Justice Rehnquist Federalist court Reversed previous decisions Thurgood Marshall o 1st African American Appointed by Lyndon B Johnson o Succeeded by Clarence Thomas Sandra Day OConnor o 1st woman Appointed by Ronald Reagan

Accepting Cases - Rule of Four o Justices meet in room by selves o Discuss cases that appeal to them o 4 vote yes accept - Writ of Certiorari o Issues writ of certiorari to call up case An order by a high court a lower court directing the lower court to send the record in a given case for review o Certiorari To become fully informed, to prove, show, or ascertain o Calls up a case from a lower level - Oral Arguments Headed by Justices o Solicitor General POTUS appointee & 3rd ranking office in the Department of Justice In charge of appellate courts & litigation of the federal government 4 key functions Decide whether to appeal case the government lost Review & modify briefs presented in appeals Represent government before the Supreme Court Submit a brief on behalf of litigant in a case in which the government tis not directly involved in - Justices Discuss the Case

o Court vote o 5 votes determines winner 90% 9:0 10% 5:4 (controversial issues) Write Their Opinion o Opinion Statement of legal reasoning behind a judicial decision 3 types: o Majority opinion Written by 1 justice States the overall opinion of majority of court o Dissenting opinion Written by justice(s) Alternative POV Why others are wrong o Concurring opinion Written in support of majority bust stress a different legal basis

Vocab Stare decisis o let the previous decision stand Precedent o How similar cases were decided in the past Can be overruled Original intent o Idea that the Constitution should be viewed according to the intent of the framers of the Constitution Precedent in Plessy v. Ferguson o 1896-1954 Separate but equal Overturned in Brown v. Board of Education o 1954 segregation is unconstitutional What should a Court do? o Should follow the constitution Judicial restraint Do not play a large role in making new laws Judicial activism Make new laws

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