MEENAN PRESENTS THE AP GOVERNMENT

Transcription

1 MEENAN PRESENTS THE AP GOVERNMENT STUDY GUIDE

2 TABLE OF CONTENTS Unit 1: Constitutional Underpinnings...3 Constitution Federalism Unit 2: Civil Liberties & Civil Rights Civil Liberties...29 Civil Rights Unit 3: Political Beliefs & Behavior..47 Public Opinion Political Participation.53 Unit 4: Political Parties, Interest Groups, & Mass Media...60 Political Parties Elections & Campaigns Interest Groups Media...85 Unit 5: Government Institutions...89 Congress...90 Presidency Bureaucracy.115 Judiciary Unit 6: Public Policy..132 Domestic Policy Foreign & Military Policy

3 UNIT 1: CONSTITUTIONAL UNDERPINNINGS MAIN TOPICS THE CONSTITUTION FEDERALISM 3

4 THE CONSTITUTION 4

5 TYPES OF GOVERNMENT TYPE AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION MONARCHY TOTALITARIANISM OLIGARCHY DEMOCRACY DIRECT DEMOCRACY REPRESENTATIVE DEMOCRACY (REPUBLIC/ INDIRECT DEMOCRACY) Power is vested in hereditary Kings and queens who govern in the interest of all. Power resides in a leader who rules according to self-interest. The right to participate in government is conditioned on the possession of wealth, social status, military position, or achievement. The rule of the many. Members of the society (polity) meet and make decisions with majority rule. Members of the society vote for representatives who make decisions on the behalf. -Government: is the institution through which policy is made and enforced. -Public Policy : Anything the government decides to do. PHILOSOPHICAL ORIGINS OF AMERICAN GOVERNMENT PHILOSOPHER THOMAS HOBBES ( ) JOHN LOCKE ( ) JEAN-JACQUES ROUSSEAU ( ) MONTESQUIEU ( ) Humanity was naturally at war. We need government (Monarchy) necessary to restrain huanity s beastial tendencies. Life without government was a state of nature. Natural law is the law of God. Under natural law people were born free and equal. Law is acknowledged through human sense and reason. He also argued for rights (Life, Liberty, Property) and obligated people to rebel against kings that did not respect the right of the governed. (Social Contract Theory) The social contract: it is the agreement of free and equal people to abandon certain natural rights in order to find freedom in a single body politic committed to the general good. Argued for the separation of powers in the government. -The philosopher most likely to be on the AP test is John Locke. His words greatly influenced Thomas Jefferson as he wrote the Declaration of Independence. 5

6 ROOTS OF A NEW NATION PHASE AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION ENGLISH COLONIES FORM ENGLAND ENHANCES THE CONTROL ON THE COLONIES (Starting in 1760 s) THE COLONISTS FIRST STEPS TOWARDS INDEPENDENCE In the early 17th century, colonists came to the New World for economic opportunity and to escape religious persecution. Most colonists agreed the king ruled by divine right. The monarch gave colonists much more freedom (such as self-government, religious practices, economic organization) than subjects at home (because they were across the ocean and there were no things like planes, phones, or internet). Things were ok for like 140 years. England increases taxes ( sugar act, stamp act ) and restricts settlement ( proclamation of 1783 ). They increased taxes to pay for the Seven Years War (French and Indian War was a segment that took place in North America). They restricted settlements to prevent having to pay for future conflicts with Indian tribes and European rivals. England and the colonies would go back and forth for years regarding this new control. England would back down on some things and crack down on others. King George III pushed for the Intolerable Acts (shutting down Boston Harbor until the tea was paid for from the Boston Tea Party) and reinforcing the Quartering Act (forced colonists to give food and shelter to redcoats). STAMP ACT CONGRESS: Representatives met in 1765 to draft a document listing how their rights were violated (They thought they deserved representation in parliament). SONS OF LIBERTY/ DAUGHTERS OF LIBERTY: Some boycotts were successful in English citizens applying pressure to parliament. COMMITTEES OF CORRESPONDENCE: Kept each other aware of developments with Britain (Do we really appreciate cell phones?) FIRST CONTINENTAL CONGRESS: 56 delegates came together so they could iron out their differences with Britain. They drafted a Declaration of Rights and Resolves (which included the right to petition and assembly, trial by peers, freedom from a standing army, and a selection of representative councils to levy taxes). BATTLES OF LEXINGTON & CONCORD: The redcoats are coming, the redcoats are coming to get our weapons. This was in 1775 and was the start of the Revolutionary War. SECOND CONTINENTAL CONGRESS: Olive Branch Petition (last chance britain). It also put George Washington in charge of army (just in case they needed an army). DECLARATION OF INDEPENDENCE: bye-bye british control 6

7 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION DECLARATION OF INDEPENDENCE SECTIONS S FIRST PARAGRAPH SECOND PARAGRAPH God gives people the right to break away from a government. All men are created equal. Life, liberty, and the pursuit of happiness. It is ok to abolish a government 27 PARAGRAPHS 27 reason they hate King George. LAST COUPLE PARAGRAPHS The United States of America declare that the colonies are free and independent states. -Thomas Jefferson was the primary author along with the rest of the committee of five which includes Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman. SUMMARY OF AMERICA S GOVERNMENTS GOVERNMENT YEARS SECOND CONTINENTAL CONGRESS ARTICLES OF CONFEDERATION THE CONSTITUTION Today Unofficial government. It handled the creation the declaration of independence, and the handling of the revolutionary war until an official government was created. This government came into effect with about 2 years left of the Revolutionary war. It was an official document written out much like today s Constitution. It did not last because it was viewed as weak. Was written at the Constitutional Convention in Is called a living document (because it can be changed) so it has been around for over 200 years. -Some books make a big deal that the Second Continental Congress was our truly first government because it raised an army (funded by donations by the states). Other books point out that the Articles of Confederation is the first government. So... know them both and be able to tell what they are looking for. If it is an FRQ I would write about how both have been viewed as the first government. 7

8 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION THE ARTICLES OF CONFEDERATION: GOVERNMENT SET-UP MAIN TOPIC SOVEREIGNTY PASSING LAWS AMENDMENTS SELECTION/PAYMENT OF DELEGATES The nation was considered a firm league of friendship. Each State had ultimate authority within its territory. It took 9 out of 13 states to agree to pass a law. To amend the articles took all 13 States in agreement. Each State could pay and send up to 7 representatives or delegates but they only had one vote per State. THE ARTICLES OF CONFEDERATION: STRENGTHS & WEAKNESSES PROS/CONS MAIN TOPIC STRENGTHS WEAKNESSES MAKE PEACE POST OFFICE NEGOTIATE WITH INDIAN TRIBES TAX ISSUE MONEY ISSUES NO EXECUTIVE NO JUDICIAL DID NOT RESPECT NATIONAL DECISIONS SHAYS REBELLION Ended the Revolutionary War (Treaty of Paris). Got mail delivered (that was like the only form of communication) Acted as one nation for foreign disputes National government could not tax and only asked for money. (States said no often) National government did coin money (not strong). So States would make their own money. States also would make agreements with other nations (This is usually viewed as a national power). There was no branch to enforce laws passed by Congress. States would fight about borders. Who wins? State would ignore the Treaty of Paris by allowing citizens to postpone paying debts to Britain and not giving land back to loyal supporters of Britain. The national government tried to raise funds to pay for a militia to put down a rebellion in Massachusetts but failed. A militia paid by private citizens stepped up. 8

9 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION CONSTITUTIONAL CONVENTION: FRAMERS CHARACTERISTICS GENERAL TOPIC PURPOSE OF CONVENTION They were supposed to revise the Articles of Confederation, but they just made up a new government instead. 12/13 STATES ATTENDED Rhode Island did not show up. PRESIDING OFFICER FATHER OF THE CONSTITUTION OLDEST MEMBER POLITICAL EXPERIENCE & BACKGROUND OF THE DELEGATES George Washington was unanimously voted the presiding officer. He was a beloved war hero. Everyone wanted him to become the nation s president. All of the framers (55 delegates) are called the founding fathers. But James Madison is referred to as the Father of the Constitution. His buddy Thomas Jefferson, who was serving as ambassador in France, sent him a lot of European books on government. Benjamin Franklin: 81 years old with experience drafting the Declaration of Independence, the Articles of Confederation, and the Treaty of Paris. (Although the framers agreed not to talk about the document until it was finished they always kept people with Franklin because he was drinker with a big mouth) Most were in their 20 s or 30 s ¾ had served in the Continental Congress Several helped draft their state constitutions 8 Signed the Declaration of Independence 21 fought in the Revolutionary War 17 owned slaves (George Washington, George Mason, & John Rutledge) 31 went to college 34 Lawyers 7 Governors CONSTITUTIONAL CONVENTION: COMPROMISES (SHORT VERSION) COMPROMISE THE GREAT COMPROMISE (Connecticut Plan) THE 3/5 S COMPROMISE Bicameral (2-house) Legislature: The House of Representatives (directly elected) would be based on population. The Senate (chosen by state legislatures) would be equal for each state. 5 slaves would count as 3 people when determining the population of a state for congressional representation. -They also agreed that Congress could stop the importation of slaves for 20 years after the Constitution was ratified. Also to have an extradition clause that addressed how states would handle runaway slaves. Also agreed to having a single president. 9

10 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION CONSTITUTIONAL CONVENTION: COMPROMISES (DETAILED VERSION) THE PROBLEM ONE SIDE WANTED THE OTHER WANTED THE COMPROMISE THE REPRESENTATION OF THE STATES IN CONGRESS Virginia Plan: Powerful central government with 3 branches. Two-house legislature with one house elected directly by the people, the other chose from persons nominated by the state legislatures. A legislature with the power to select the executive and judiciary. New Jersey Plan: Strengthening the Articles, not replacing them. Creating a one-house legislature with one vote for each state and with representatives chosen by state legislatures. Giving Congress the power to raise revenue from duties and imports and from postal service fees. Creating a Supreme Court with members appointed for life by the executive officers. THE GREAT COMPROMISE (CONNECTICUT PLAN): Bicameral Legislature: (2 house legislature) 1) House of Representatives had members based on population (also directly elected by the people). 2) The Senate would have members equal for each state. Dividing power between the nation and state governments, national power would be supreme. 3 branches of government COUNTING SLAVES WHEN DETERMINING REPRESENTATION IN CONGRESS People in the South wanted to count slaves as people when determining how many seats their state got in the House of Representatives People in the North were like slaves can t vote so they should not be used in determining the number of seats the state gets in the House of Representatives. THE 3/5 S COMPROMISE: Five slaves would count as 3 people when determining population of a state for congressional representation. (This gave the South 47% of the House of Representatives) -They also agreed that Congress could stop the importation of slaves for 20 years after the Constitution was ratified. Also to have an extradition clause that addressed how states would handle runaway slaves. Also compromised on having a single president. 10

11 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION BASIC PRINCIPLES OF THE CONSTITUTION BASIC PRINCIPLE SEPARATION OF POWERS CHECKS AND BALANCES FEDERALISM POPULAR SOVEREIGNTY LIMITED GOVERNMENT JUDICIAL REVIEW Power is separated between 3 branches: -Legislative Branch: creates laws -Executive Branch: enforce (executes) laws -Judicial Branch: interprets laws Each branch can check the power of the other branches (Example: President can veto a bill passed by Congress) The division of government between the national government and the state governments. Authority comes from the people. The government can only do some things. The constitution even tells the government things it can not do. The Supreme Court can declare government acts unconstitutional (this is also an example of checks and balances). -All books stress the importance of the top three. The others only appear in some books. KNOW THE TOP THREE! -Judicial Review is not written in the Constitution but the Supreme Court said it is in the structure in Marbury v Madison CHECKS & BALANCES (DETAILED EXAMPLES OF THIS PRINCIPLE) LEGISLATIVE BRANCH EXECUTIVE BRANCH JUDICIAL BRANCH CHECKS THE EXECUTIVE BY: -impeaching president -refusing to confirm nominees -refusing to approve treaties -override presidential veto by a 2/3s vote of both houses CHECKS THE JUDICIAL BY: -change number & jurisdiction of federal courts -impeach federal judges -propose amendments CHECKS THE LEGISLATIVE BY: -veto legislation -call congress into special session -implement (or fail to) laws passed by Congress CHECKS THE JUDICIAL BY: -appoint federal judges -refuse to implement decisions CHECKS THE LEGISLATIVE BY: -rule federal laws are unconstitutional -rule state laws are unconstitutional CHECKS THE EXECUTIVE BY: -declare executive actions are unconstitutional -chief justice presides over impeachment trial Learn these now. There will tons of questions on the AP test concerning checks and balances. Plus you have to know all this information for our unit that covers government institutions. 11

12 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION ARTICLES WITHIN THE CONSTITUTION ARTICLE MAIN TOPIC IMPORTANT ITEMS PREAMBLE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII Purpose of Government The Legislative Branch The Executive Branch The Judicial Branch Relations among States Amendment Process National Supremacy Ratification Process -establishing justice -insuring domestic tranquility -providing for the common defense -promoting the general welfare -securing the blessings of liberty -enumerated powers -necessary and proper clause ( implied powers ) -presidential qualifications -presidential roles (jobs) -created the Supreme Court -empowered Congress to create inferior courts -full faith and credit clause -extradition -privileges & immunities clause -two ways to propose -two ways to ratify -supremacy clause (national supremacy) -although states do have power ( reserved powers ) Nine (out of 13) state conventions approving Constitution needed -The AP test expects you to know which Article you can find specific items. 12

13 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION RIGHTS FOUND IN THE ORIGINAL CONSTITUTION MAIN TOPIC NO SUSPENDING HABEAS CORPUS NO EX POST FACTO LAWS NO BILL OF ATTAINDERS NO RELIGIOUS QUALIFICATIONS ENTITLEMENT OF PRIVILEGES & IMMUNITIES RIGHT TO JURY TRIAL Habeas Corpus is when a person under arrest is brought before a judge (chance to show unlawful detention). The Constitution says it can only be suspended during wartime. A law that gives a consequences for actions already committed. A law that declares a person or group guilty and gives them consequences (no trial or anything). There is no religious qualification in order to run for office. States cannot discriminate against people from other states. For federal crimes, people have the right to a jury trial. -People were upset that there was not originally a bill of rights, but the rights listed above were stated throughout the original constitution. METHODS FOR AMENDING THE CONSTITUTION PROPOSE/ RATIFY WAY PROPOSE RATIFY ⅔ Vote of both houses of Congress. ⅔ Vote of national convention on request of ⅔ of state legislatures. Passage by ¾ of state legislatures. Passage by ¾ of of special state conventions. It has been used for 27 amendments. It has never been used. It has been used 26 times. It has been used 1 time. -Note that this amendment process reflects federalism (national government and state government both have power. -The only amendment ratified by special state conventions was the 21st amendment which repealed prohibition. 13

14 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION RATIFICATION OF THE CONSTITUTION: WHEN IS IT IN EFFECT MAIN TOPIC ACCORDING TO THE CONSTITUTIONAL CONVENTION ACCORDING TO THE ARTICLES OF CONFEDERATION Article VII stated that the Constitution would be the Supreme Law of the Land when 9 states ratified it at State Conventions. The articles stated that all 13 states had to approve changes to the government. Some scholars argue that the Constitution was an illegal document until all States agreed to ratify it in RATIFICATION OF THE CONSTITUTION: BY THE NUMBERS STATE DATE FOR AGAINST Delaware December Pennsylvania December New Jersey December Georgia January Connecticut January Massachusetts February Maryland April South Carolina May New Hampshire June Virginia June New York July North Carolina November Rhode Island May Nine State did ratify the constitution but was it enough? New York and Virginia had yet to ratify and they homed 40% of the nation. -Two groups or parties formed: The federalists (supporters) debated the anti-federalists (opponents). -Rhode Island ratified the Constitution one year after George Washington became the first president of the United States. -The last states only ratified when the federalists promised to add a bill of rights (federalist papers also influenced some). 14

15 CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION FEDERALISTS VERSUS ANTI-FEDERALISTS GROUP OPINION ON THE RATIFICATION OF THE CONSTITUTION KEY MEMBERS FEDERALISTS ANTI-FEDERALISTS They supported it because they saw a need for a strong central government. They opposed it because they thought the government would be too strong and the people would not have enough power. -James Madison -Alexander Hamilton -John Jay -Patrick Henry -George Mason -The federalists will end up winning the ratification battle. But the Anti-federalists were a key component in the new government amending the constitution to include the bill of rights. -These two groups will evolve into our nation s first political parties which would disagree about how much power the national government should posses. THE FEDERALIST PAPERS ESSAY SUMMARY FEDERALIST #10 FEDERALIST #51 Factions (interested groups in the government) would be limited in this new government because it is a republic ( representative democracy ) and not a direct democracy. Tyranny of the majority is controlled due to: -Separation of Powers (3 separate branches) -Checks and Balances (presidential veto, judges for life) -Bicameral legislature (House and Senate) -Federalism (Division of National and State Governments) Factions are limited in a republic. Tyranny will be stopped because power is divided. -The federalist papers (a collection of 85 essays written by James Madison, Alexander Hamilton, and John Jay) is always on the test. You must know what these two essays are about!!! -These papers convinced many people to favor the new constitution being ratified. 15

16 BILL OF RIGHTS AMENDMENT AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION AMENDMENT I AMENDMENT II AMENDMENT III AMENDMENT IV AMENDMENT V AMENDMENT VI AMENDMENT VII AMENDMENT VIII AMENDMENT IX AMENDMENT X -Freedom of Speech -Freedom of Religion -Freedom of press -Freedom to Assembly -Freedom to protest (or petition) -Right to bear arms -No quartering of troops -No unreasonable searches or seizures -Indictment -Double jeopardy -Protection against self incrimination -Due process (from national government) -Speedy public trial with jury of peers -Cross examination -Right to defense counsel -Lawsuits and juries -No cruel and unusual punishments -No excessive fines -Listing rights here doesn t deny others -Delegated and reserved powers Anti-federalists only agreed to ratify the new constitution with the promise that this new government would add a bill of rights to protect citizens liberty. 16

17 FEDERALISM 17

18 SYSTEMS OF GOVERNMENT AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM SYSTEM EXAMPLES UNITARY FEDERAL CONFEDERATION Local and regional governments derive authority from the national government. -Power is shared between the national government and the State governments. -National government and states derives authority from the people. The national government derives authority from states. ( League of friendship comes together primarily for foreign issues) -United Kingdom -France -Italy -Japan -United States (under Constitution) -Canada -Australia -Germany -United States (under Articles of Confederation) -Southern United States (during civil war) -Alternative definitions of federalism: The division between a central government and regional governments. Basically central and national are the exact same things. Also regional and state governments are the exact same things. -Federal almost always means the division of national and state. But in society (and occasionally on test) Federal Government is often a term for the national government. Be careful about that. POWERS IN A FEDERAL SYSTEM POWER ENUMERATED CONCURRENT RESERVED (AKA: Police Powers) Specific powers granted to Congress under Article I, section 8, of the Constitution;; these powers include taxation, coinage of money, and authority to provide for a national defense. Authority possessed by both state and national governments that may be exercised concurrently. Powers reserved to that states by the 10th amendment that lie at the state s right to legislate for the public health and welfare of its citizens. Most scholars agree that the 10th amendment has not been that far reaching. The supremacy clause has had more of an impact in terms of national & state tensions. But the test wants you to know both. 18

19 CONSTITUTIONAL UNDERPINNINGS FEDERALISM FEDERALISM IN THE UNITED STATES POWER HOLDER TYPE OF POWERS EXAMPLE OF POWERS NATIONAL GOVERNMENT BOTH NATIONAL & STATE GOVERNMENTS STATE GOVERNMENT NATIONAL (ENUMERATED) POWERS CONCURRENT POWERS STATE (RESERVED) POWERS -coin money -regulate interstate & foreign trade -raise & maintain armed forces -declare war -govern US territories & admit states -conduct foreign relations -levy & collect taxes -borrow money -establish courts -define crimes & set punishments -claim private property for public use -make and enforce laws -charter banks and corporations -regulate trade and business within the State -establish public schools -pass license requirements for professionals -regulate alcoholic beverages -conduct elections -establish local governments -ratify amendments to the Constitution -take measures for public health, safety, and morals -exert powers the Constitution does not delegate to the national government or prohibit the states from using -Now people have disagreed about what some of these powers actually mean. For FRS s on the AP test, just don t pick controversial issues unless prompted to do so. Keep it simple and get the points. -The National Government powers are broken into 3 categories:: 1) Delegated or Expressed Powers : Powers that are written in Constitution. 2) Implied Powers : Powers that are reasonably inferred as stated in the Elastic Clause (AKA: Necessary and Proper Clause ) 3) Inherent Powers : Powers do not rely on specific clauses (usually involved in foreign affairs and grow out of the very existence of a government. 19

20 CONSTITUTIONAL UNDERPINNINGS FEDERALISM CONSTITUTIONAL INTERPRETATIONS GROUP WOULD LATER FORM WHICH POLITICAL PARTY BELIEF ON HOW CONSTITUTION SHOULD BE INTERPRETED LEADERS LOOSE CONSTITUTIONALISTS Federalists Loose or broadly Hamilton & Adams STRICT CONSTITUTIONALISTS Democratic Republicans Literally or strictly Jefferson & later Madison - George Washington who would warn against political factions as he exited his presidency usually agreed with the federalist. CONSTITUTIONAL PROVISION THAT GUIDE FEDERALISM MAIN IDEA PROVISION NATIONAL POWERS ALLOWED NATIONAL POWERS DENIED STATE POWERS DENIED STATES MUST HELP STATE SUPREMACY CLAUSE MORE LIBERTY STATES RIGHTS Article I, Section 8 Article I, Section 9 Article I, Section 10 Article IV Article VI 9th Amendment 10th Amendment Enumerate powers of Congress, including the necessary and proper clause No regulating slave trade before 1808, states to be treated uniformly Treaties and impairing contracts Full Faith and Credit Clause;; privileges and immunities;; extradition Supremacy of the national government People have more rights than listed in the Constitution Powers not delegated to the federal government are reserved by the states 20

21 CONSTITUTIONAL UNDERPINNINGS FEDERALISM GOV ACTION ON FEDERALISM: BEGINNING-RECONSTRUCTION TYPE OF FEDERALISM HISTORICAL FIGURE INVOLVED ITEM Thomas Jefferson against John Adams Kentucky & Virginia Resolutions Jefferson thought the alien and sedition act violated liberty. The resolutions declared the states right to nullification (declare null and void) any federal law if a state thought the law violated the Constitution. (This has never been found constitutional) FEDERALISM (WHAT DOES IT LOOK LIKE?) Justice John Marshall McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Supreme Court ruled that Congress could create a national bank because of the Necessary and Proper Clause gives them implied powers so they can carry out expressed powers. Congress and New York were both licensing ships to use the Hudson River. The Supreme Court ruled that Congress had the power to regulate commerce and commercial activity. DUAL FEDERALISM : Belief it is best to have separate and equally powerful national and state governments (AKA: Layer Cake) Justice Roger B. Taney Republican (anti-slavery) Congress resisted against State powers Dred Scott v. Sanford (1857) Plessy v. Ferguson (1896) 16th Amendment (1913) 17th Amendment (1913) Missouri Compromise was unconstitutional because Congress lacked authority to ban slavery in territories. Even after the Civil War amendments (13-15) gave more rights to African Americans The Supreme Court ruled separate but equal was constitutional. (and up to the states to deal with) After Supreme Court stuck down the incomes tax act of 1894, Congress proposed the 16th amendment allowing income taxes. Took power away from State legislatures by now having citizens from each state vote for their senators. -You can see before, throughout and after the Civil War. Congress was anti-slavery. The Supreme Court was more pro slavery. There was a conflict for power. We also had a states rights versus national government conflict. Many levels of government are hard to get under control by the same faction or political party or group. -Selective Exclusiveness : a doctrine asserting that when the commodity requires a national uniform rule, only Congress may regulate. 21

22 CONSTITUTIONAL UNDERPINNINGS FEDERALISM GOV ACTION ON FEDERALISM: NEW DEAL-GEORGE W. BUSH TYPE OF FEDERALISM HISTORICAL FIGURE INVOLVED ITEM COOPERATIVE FEDERALISM Intertwined relationship among national, state, and local governments (AKA: Marble Cake) Franklin D. Roosevelt (FDR) Lyndon B. Johnson (LBJ) New Deal Great Society & War on Poverty Grants-in-aid programs to often defined federal/state relationships and made the national government a major player in domestic policy. Categorical Grant: Congress appropriates funds for specific purposes (often States must match some of the money). Southern States were blamed for perpetuating discrimination. So national funds were held unless states would act like the national government wanted. The spending in 1960 s on urban renewal, education, and poverty programs had not been seen since the New Deal. NEW FEDERALISM Returning administrative powers to the state governments Ronald Reagan George Bush Ronald Reagan Bill Clinton Newt Gingrich Reagan Revolution Devolution Revolution Reagan cut taxes which altered the relationship between the federal and state governments. There was a consolidation of may categorical grants into fewer block grants. Block grants: broad grants to states for specific activities with few strings attached. -Unfunded Mandates Reform Act: prevented congress for passing costly mandates without a debate on how to fund them and address concerns for state governments. (They were taking 30% of state budgets) -Block grants for welfare (replaced AFDC Aid to Families with Dependent Children with TANF Temporary Assistance for Needy Families) that gave more control to local government. FEDERALISM under Bush Administration George W. Bush No Child Left Behind & his overall program -Preemption: concept that it is ok for National government to override state or local action because of Supremacy Clause. (Usually democrats do this but this time it was a republican) -Bush could not follow through on campaign promises because of tax cuts, debt, wars in Iraq & Afghanistan, terrorist attacks, and Hurricanes Katrina and Rita. 22

23 CONSTITUTIONAL UNDERPINNINGS FEDERALISM MAJOR EVENTS IN FEDERALISM (SHORT VERSION) TIME PERIOD GENERAL TREND OF POWER ERA OF FEDERALISM CIVIL WAR National government establishes power. DUAL FEDERALISM CIVIL WAR AMENDMENTS POST RECONSTRUCTION NEW DEAL CIVIL RIGHTS National government gains power. State governments gain power. National government gains power. National government gains power. DUAL FEDERALISM DUAL FEDERALISM COOPERATIVE FEDERALISM COOPERATIVE FEDERALISM DEVOLUTION ERA State governments gain power. NEW FEDERALISM RELATIONS AMONG THE STATES REQUIREMENT OF STATES FULL FAITH AND CREDIT CLAUSE PRIVILEGES & IMMUNITIES CLAUSE EXTRADITION CLAUSE INTERSTATE COMPACTS CONSTITUTIONAL ARTICLE ARTICLE IV ARTICLE IV ARTICLE IV ARTICLE I Section 10, Clause 3 Judicial decrees and contracts made in one state will be binding and enforceable in another. (Sorry deadbeat dads, you can t just move and expect to keep your $$) Citizens of each state are afforded the same rights as citizens of all other states. States cannot give their residents priority. (except college tuition rates, urg) States must extradite or return criminals. (convicted or those who are to stand trial) Contracts between states that carry the force of law. (Driver license compact) -The Constitution also says that any disputes between two states will go directly to the Supreme Court (original jurisdiction). -The Constitution gives the State complete power when creating local governments within the state's borders. 23

24 STATE GOVERNMENTS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM STATE CONSTITUTIONS GOVERNORS STATE LEGISLATURES STATE COURTS ELECTIONS & POLITICAL PARTIES The state constitutions were written before the Constitutional Convention in State constitutions are easier to amend. -They are the elected chief executive. Like President of the State budget powers, signing legislation, and appointing officials. -LINE ITEM VETO : Veto a portion of a spending bill (signs rest) -CLEMENCY POWERS FOR BREAKING STATE LAW : Pardon : Forgive someone entirely for a crime. Commute : Reducing the length of a prison sentence Reprieve : Postpone a prison sentence. Parole : Release a prisoner before sentence is complete with conditions that must be met as part of the release. Initially established as the most powerful. One-person, one-vote ruling of Supreme Court has them accurately representing citizens. Separate court system to handle state law. Inclusion: state courts are obligated to enforce federal law. Some judge are appointed but many are elected. Nonpartisan elections : State/local officials often downplay all party ties. Diverse candidates have had more success in recent years. DIRECT INITIATIVE: People sign a petition and the measure goes on the ballot for residents to determine if it will become State law. INDIRECT INITIATIVE: People sign a petition, State legislatures has a chance to pass it, or the measure goes on the ballot for residents to determine if it will become State law. DIRECT DEMOCRACY MANDATORY REFERENDUM: Due to State Constitution or law the State Legislature must put certain measures on the ballot for residents to determine if it will become State law. OPTIONAL REFERENDUM: State Legislatures can decide to put a measure on the ballot for the residents to determine if it will become State law. POPULAR (DIRECT) REFERENDUM: Voters can sign a petition to take the deciding power on a measure away from the State legislature and put it on the ballot. RECALL ELECTION: Voters can petition for an election to remove an office holder before the next scheduled election. State Constitutions grant certain types of powers for each state. So not all states have all the same form of local governments and direct democracies. Only 23 States have direct democracies. Only 18 states have recall elections. You really have to look it up per State. 24

25 CONSTITUTIONAL UNDERPINNINGS FEDERALISM LOCAL GOVERNMENTS ITEM DILLON S RULE CHARTERS A court ruling that stated local governments do not have any inherent sovereignty. Thus, states can create, regulate, and destroy local governments. A document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality. Cities, towns, and village need charters because they emerge as people locate in a particular place (unlike counties and school districts which are arbitrarily made by the state). There are 87,000 local governments in the United States that fall within four main categories: -Counties: (also called parishes and boroughs) They have very broad responsibilities, created by the State for welfare & environmental programs, courts, registration of land, births, and deaths. TYPES OF LOCAL GOVERNMENTS -Towns: Everyone in community is invited to an annual meeting to elect officers, adopt ordinances, and pass a budget. -Municipalities: Villages, towns, and cities are established municipalities and authorized by the State as people congregate and form communities. -Special Districts: are the most numerous. They are created particular policy or service area. School districts is the most common form of special district. Others include library service, sewage, water, and parks. Town meeting: form of local government in which all eligible voters are invited to attend a meeting at which budgets and ordinances are proposed and voted on. -Mayor: An elected chief executive of a city. -City council: The legislature in a city government. -Manager: A professional executive hired by a city council or county board to manage daily operations and th recommend policy changes. EXECUTIVES & LEGISLATURES -District-based election: Election in which candidates run for an office that represents only the voters of a specific district within the jurisdiction. -at-large election: Election in which candidates for office must compete throughout the jurisdiction as a whole. -commission: Form of local government in which several officials are elected to top positions that have both legislative and executive responsibilities. -public corporation (authority): Government organization established to provide a particular service or run a particular facility that is independent of other city or state agencies and is to be operated like a business. 25

26 CONSTITUTIONAL UNDERPINNINGS FEDERALISM STATE BUDGET SEGMENT OF BUDGET % OF BUDGET SALES TAX 23% Regressive: tax not based on earnings. FEDERAL AID 20% Grant money from the national government. INCOME TAX 19% Progressive Tax: tax based on earnings. INSURANCE TRUST 17% Retirement funds for employees (current/old). USER FEES 14% Example: licenses for hunting & fishing. OTHER 3% N/A PROPERTY TAX 1% Varies based on the value of the home. This data came from census bureau and is an average for the year LOCAL BUDGET SEGMENT OF BUDGET % OF BUDGET STATE AID 31% Money given from the State government. PROPERTY TAX 26% Varies based on the value of the home. USER FEES 21% Example: licenses for hunting & fishing. OTHER 8% N/A SALES TAX 6% Regressive: tax not based on earnings. INSURANCE TRUST 3% Retirement funds for employees (current/old). FEDERAL AID 3% Grant money from the national government. INCOME TAX 2% Progressive Tax: tax based on earnings. This data came from census bureau and is an average for the year

27 CONSTITUTIONAL UNDERPINNINGS FEDERALISM GRANTS-IN-AID PROGRAMS ITEM EFFECT ON FEDERALISM CATEGORICAL GRANT BLOCK GRANT MANDATE (AKA: UNFUNDED MANDATE) Federal grants for specific purposes. (There are strings attached that usually include the state matching funds) Broad grants for general purposes. Terms set by the national government that states must whether or not they accept federal grants. This type of grant forces states to spend at least a portion of their budget on issues determined by the national government. If they do not match funds they lose on that free money. This type of grant gives the state more freedom in spending money as they see fit. This forces states to spend money on national desires regardless of their personal preferences. (Example: If the federal law forces states to pay for wheelchair access in public buildings. That states have no choice. They have to spend the money on this issue) - Grant-in-aid programs refer to money that the national government gives to the states in the forms of grants. - Conditions of aid : terms set by the national government that states must meet if they are to receive certain federal funds. -States prefer block grants because it gives them more freedom. 27

28 UNIT 2: CIVIL LIBERTIES & CIVIL RIGHTS MAIN TOPICS CIVIL LIBERTIES CIVIL RIGHTS 28

29 CIVIL LIBERTIES 29

30 LIBERTIES VERSUS RIGHTS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES CIVIL LIBERTIES CIVIL RIGHTS Personal guarantees and freedoms that the federal government cannot abridge, either by law or judicial interpretation. Freedom from a host of discriminatory actions and lace the burden of protecting individuals on the government. Civil Liberties issues often fall to the judiciary, who must balance the competing interests of the government and the people. OUTLINE OF THE BILL OF RIGHTS (FIRST 10 AMENDMENTS) AMENDMENT 1-8 Amendments Specific freedoms (we will cover soon) 9th Amendment 10th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people Powers not delegated to the national government are reserved to the states or to the people. -The Bill of Rights were added to the Constitution to please the anti-federalists so they would agree to ratify the Constitution.. The anti-federalists feared the strong central government would not protect individual liberty. (Should be called Bill of Liberties) -The Bill of Rights originally protected citizens from the National Government ( NOT State governments). (On AP test every time) DUE PROCESS ITEM 5th Amendment (Due Process Clause) 14th Amendment (Due Process Clause) Procedural Due Process Substantive Due Process Ratified in 1791, provides that the NATIONAL GOVERNMENT cannot arbitrarily deny life, liberty, or property. Ratified in 1868, provides that STATE GOVERNMENTS cannot arbitrarily deny life, liberty, or property. The methods of the government must be fair and just. The policy of the government must be fair and just. 14th Amendment s Due Process clause allows for Courts to protect liberty from state governments (thru selective incorporation ). 30

31 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES SELECTIVE INCORPORATION TERMS TERM INCORPORATION DOCTRINE SELECTIVE INCORPORATION (Process of Incorporation) An interpretation of the Constitution that holds that the due process clause of the 14th Amendment requires state and local government also guarantee those rights. A judicial doctrine whereby most of the protections in the Bill of Rights are made applicable to the states due the Fourteenth Amendment s Due Process Clause. Fundamental Freedoms: Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny. SELECTIVE INCORPORATION CASES AMENDMENT LIBERTY DATE CASE INCORPORATED Speech 1925 Gitlow v. New York I Press 1931 Near v. Minnesota Assembly 1937 DeJonge v. Oregon Religion 1940 Cantwell v. Connecticut II Bear Arms 2008 D.C. v. Heller III No quartering of soldiers - NOT INCORPORATED IV No unreasonable searches or seizures 1949 Wolf v. Colorado Exclusionary Rule 1961 Mapp v. Ohio Just compensation 1897 Chicago, B&Q RR Co. V. Chicago V Self-incrimination 1964 Malloy v. Hogan Double jeopardy 1969 Benton v. Maryland (overturned by Palko v. Connecticut) Grand jury indictment - NOT INCORPORATED Public trial 1963 Gideon v. Wainwright Right to counsel 1968 Duncan v. Louisiana Confrontation of witnesses 1967 Klopfer v. North Carolina VI Impartial trial 1965 Pointer v. Texas Speedy trial 1948 In re Oliver Compulsory trial 1967 Washington v. Texas Criminal trial 1966 Parker v. Gladden VII Civil jury trial - NOT INCORPORATED No cruel and unusual punishment 1962 Robinson v. California VIII No excessive fines or bail - NOT INCORPORATED 31

32 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES THE FIRST AMENDMENT: RELIGION IMPORTANT ITEM EXAMPLES OF LIMITATIONS ESTABLISHMENT CLAUSE FREE EXERCISE CLAUSE It prohibits the government from establishing a national religion. (Wall of Separation) It prohibits the U.S from interfering with a citizen s right to practice his or her religion. -Christianity is sometimes found (money) - Lemon Test determines if a policy is constitutional. -Funding to religious schools is often seen as ok it all schools get the money for nondenominational purposes. -It is ok to sacrifice animals but not people. -Poisonous snakes have been denied in ceremonies -Islamic services have been banned in some prisons. THE FIRST AMENDMENT: SPEECH & PRESS PROTECTED/ UNPROTECTED PROTECTED SPEECH & PUBLICATIONS UNPROTECTED SPEECH & PUBLICATIONS SEGMENT PRIOR RESTRAINT SYMBOLIC SPEECH HATE SPEECH LIBEL SLANDER FIGHTING WORDS COMMERCIAL SPEECH OBSCENITY CLEAR AND PRESENT DANGER S/ EXAMPLES/ LIMITATIONS Allowed only in matters of national security. The court generally denies allowing the government to prohibit speech and publication from being expressed. -Symbols, signs, and other methods of speech. - Like Wearing an armband to protest a war or burning the U.S. flag. -The KKK could legally meet and discuss their feelings on the importance of ending all immigration. But they cannot discuss plans to go around murdering people. -Some universities have created free speech zone (certain places at certain times). Supreme Court has yet to rule on that one. A false written statement that defames the character of a person. (Much harder for to prove actual malice for public figures) Untrue spoken words that defame the character of a person. Speech is not protected that inflicts injury or incites an immediate breach of peace. False advertising is not protected. No national standard defines what it is but it isn t protected. The Court often lets a local judge or jury define obscenity by applying local community standards. The Court checks for obscenity by the Miller Test. -You cannot yell fire in a movie theater if there isn t one. (People get trampled to death. Government must balance freedom of expression and the need to protect a free society by Clear and present danger test) Students still do not shed their rights at the schoolhouse gates, but neither are they entitled to lewd or offensive speech. Court protects some students speech but denies other. If there is a political message it is usually ok. If you are disrupting class to be funny...then no. 32

33 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES THE FIRST AMENDMENT: ASSEMBLY & PETITION ITEM THE SUPREME COURT S JOB MAIN ISSUE To become the arbiter between the freedom of the people to express dissent and government's authority to limit controversy in the name of national security. If the words or actions taken at any even cross the line of constitutionality, the people there may be subject to governmental regulation and even criminal arrest, incarceration, or civil fines. -The freedoms of assembly and petition are related directly to the freedoms of speech and of the press. -The five freedoms of the first amendment (religion, speech, press, assembly, and petition) are seen as mandatory to live in a free society and to have a true democracy in which the people are choosing leaders to represent them based on which ideas they agree with the most. THE SECOND AMENDMENT ITEM WORDING OF THE 2ND AMENDMENT NATIONAL FIREARMS ACT OF 1934 U.S. v Miller BRADY BILL BAN ON ASSAULT WEAPONS D.C. v. Heller "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This was passed as a response to the organized crime that developed during Prohibition. In 1939, The Court decided the 2nd amendment was intended to protect a citizen s right to own ordinary militia weapons and not sawed-off shotguns. This imposed a federal mandatory five-day waiting period on the purchase of handguns. (Her husband was left disabled after he was shot on an attempt to assassinate Ronald Reagan) Bill Clinton signed in It outlawed assault weapons purchases for 10 years. In 2008 (nearly 70 years after Miller), the Court ruled that the Second Amendment protects individual s right to own a firearm for personal use. The gun control argument is far from over. It appears that the Supreme Court allows some gun control to exist but not all. Feel free to go to college and write thesis papers over this controversial topic. 33

34 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES RIGHTS OF CRIMINAL DEFENDANTS: IN ARTICLE I OF CONSTITUTION ITEM WRITS OF HABEAS CORPUS EX POST FACTO LAW BILL OF ATTAINDER Court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the government s case. Laws that apply to actions committed before the laws were passed. Legislative acts that inflict punishment on individuals without judicial action. RIGHTS OF CRIMINAL DEFENDANTS: THE DUE PROCESS AMENDMENTS AMENDMENT RIGHT/ LIBERTY 4TH AMENDMENT 5TH AMENDMENT 6TH AMENDMENT 8TH AMENDMENT Search and Seizure Exclusionary Rule Self Incrimination Double Jeopardy Right to Counsel Jury Trials Cruel & Unusual Punishment -Warrants will be used to search 1)the person arrested;; 2)things in plain view of the accused person;; and 3)places or things that the arrested person could touch or reach or are otherwise in the arrestee s immediate control. (Warrant says what will be searched and what they are searching for) -Cops do not need a warrant if they have probable cause (like if they see you breaking the law) -Private companies and schools have an easier time forcing mandatory drug testing. It bars the use of illegally seized evidence at trial (Both 4th and 5th amendments protects people from this) A person has the right not to incriminate him/herself. Examples: pleading the 5th (refusing to answer) or criminals being read their miranda rights. It protects individuals from being tried twice for the same crime in the same jurisdiction. Attorneys are provided to the poor in all federal criminal cases. -A person accused of a crime shall enjoy the right to a speedy & public trial by an impartial jury. -Also the right to confront a witness. -The U.S is the only western nation to have the death penalty legal in 34 states. (Must not be unusual) -We can t torture inmates (like stretching out limbs). Procedural Due Process: in that we want to make sure the government follows fair procedures when taking away life, liberty or property. 34

35 THE RIGHT TO PRIVACY ISSUE AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES DETAILS AND COURT DECISIONS BIRTH CONTROL ABORTION HOMOSEXUALITY THE RIGHT TO DIE In 1965, the Supreme Court ruled in Griswold v. Connecticut, that there are penumbras or unstated liberties on the fringes or in the shadow of more explicitly stated rights (1st, 3rd, 4th, 9th, and 14th amendments). Connecticut was the last state banning the sale of contraceptives (since 1879). -In 1973, the Supreme Court decided in Roe v. Wade, that the decision to carry a pregnancy to term was a woman s fundamental right: 1st Trimester: A woman can get an abortion with no regulation from the state. 2nd Trimester: States can only regulate abortions to protect the health of the mother. 3rd Trimester: Abortions only allowed to save life or health of the mother. -Abortion was one vote from being overturned in In 2007, the Supreme Court ruled in Gonzales v. Carhart the Partial Birth Abortion Ban Act was constitutional. -In 2003, Lawrence v. Texas ruled that a Texas law that criminalized private sexual behavior (anti-sodomy laws). -Some states start allowing domestic partnerships in the 1990 s. -This was the first time the Supreme Court ruled homosexualtiy was a fundamental privacy right. -In 2015, The Supreme Court ruled in Obergefell v. Hodges, that States could not ban same sex marriage. -In 1997, the Court ruled that terminally ill persons do not have a constitutional right to physician assisted suicide. -In 2006, the Supreme Court decided in Gonzales v. Oregon, that the State of Oregon can have a law allowing physician assisted suicide. -In 2008, voters in Washington approved an initiative allowing physician assisted suicide in their state. -Substantive Due Process: The substance (or essence) of the law should not violate some basic right. If it does it can be found unconstitutional by the Supreme Court (Some texts cite that this is even if the right is NOT directly stated in the Constitution). -The Right to Privacy is not a term found in the Constitution. The founders intended to have some areas of life to be off limits to government. Of course the founders had no idea what issues would be dividing our nation in the year two thousand whatever. 35

36 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES CIVIL LIBERTIES AND NATIONAL SECURITY ITEM THE ALIEN AND SEDITION ACTS CIVIL WAR ACTIONS ANTI-GOVERNMENT DURING WWI INTERNMENT CAMPS COLD WAR USA PATRIOT ACT GUANTANAMO BAY Federalists party made the publication of any false scandalous writing against the government a criminal offense. Ten democratic-republican newspapers were imposed fines and jail terms, but Jefferson pardoned them when he became president. Congress let the Act expire so the Supreme Court never weighed in on if this broke the 1st amendment. -Northern and Southern states both made it illegal to publish items that did not reflect their belief in slavery. Southern postmasters refused to deliver northern abolitionist newspapers. -Lincoln suspended the free press (unconstitutional) -Over 30 States had passed laws to punish sedition speech (they were after socialists and communists. -Espionage Act (1917) passed the U.S. Congress to target nearly 2,000 people who were urging the resistance of the draft or distributing anti-war materials. During World War II, the government relocated and incarcerated over 100,000 Japanese Americans to internment camps. The Supreme Court found this action constitutional. Congress did say sorry in the 1990 s. During the Red Scare there were acts (like the Alien Registration Act) passed that made it illegal to overthrow the government. They were used to silence communists, socialists, and pacifists. Joseph McCarthy would accuse people of being communists sympathizers with no proof. -United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT). This law covers intelligence gathering and sharing by executive agencies. It widened authority on tapping suspects phones. This act allowed the government to detain illegal immigrants for longer periods, and monitor communications. -This controversial bill has been recently altered by new legislation. Some say it weakened national security. Others say it did not protect liberty enough. Goldilocks thinks it is just right. -There is a U.S. military detention camp in Guantanamo Bay, Cuba which exists to hold terror suspects. Administration officials believe that it is located outside the United States so this loosens constitutional restrictions. -In Rasul v. Bush (2004), the Court ruled that they can not suspend habeas corpus in there. -In Hamdi v Rumsfeld (2004), the United State cannot detain a U.S. citizen without a minimal hearing to determine the suspect s charge. -In Hamdan v. Rumsfeld (2006), the United States must follow the Geneva Convention and cannot rely strictly on military commissions in prosecuting terror suspects. -You can see that during times of war the Court typically sided with government restrictions on liberties that protect national security. -You can also see that deciding between liberty and national security is a very divisive issue of which it appears America is constantly struggling to find the right balance. 36

37 CIVIL RIGHTS 37

38 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS SLAVERY, CIVIL WAR, & CITIZENSHIP ITEM MISSOURI COMPROMISE (1820) Dred Scott v. Sandford (1857) CIVIL WAR ( ) EMANCIPATION PROCLAMATION 13TH AMENDMENT (1865) 14TH AMENDMENT (1868) 15TH AMENDMENT (1870) This prohibited slavery north of 36 degrees latitude. It also brought in Maine (free state) and Missouri (slave state) to the United States. The Supreme Court declared it was unconstitutional when the Missouri Compromise prohibited slavery in the North. It also decided that slaves were not citizens and could not bring suits in federal courts. Slavery was a key issue for the civil war. Northern Republicans did not want slavery in the nation. North had more people and resources and would ultimately win the war. Lincoln issued that on January 1st, 1863 all slaves in the Confederacy would be freed (Only ended slavery in South but the South was at war with the United States so they didn t really listen) It abolished slavery and involuntary servitude. -Guaranteed citizenship to all freed slaves. (Anyone born in the United States is a citizen) - Due Process Clause : No State can deprive any person of life, liberty or property without due process of the law. - Equal Protection Clause : No State can deny to any person within its jurisdiction the equal protection of the laws. The right to vote cannot be taken away due to a person's race, color, or condition of previous servitude. -Following the 13th amendment, southern states passed Black Codes to take away rights from newly freed slaves (such as prevention from voting, sitting on juries, appearing in public, arrest unemployed blacks, fineing for vagrancy and firing them to employers to satisfy fines). Congress was outraged and passed the Civil Rights Act of 1866 to stop (some of) the black codes. Andrew Johnson vetoed the legislation and for the first time ever Congress overrode a presidential veto. The Black Codes would lead the way for the Jim Crow laws. 38

39 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS DISENFRANCHISEMENT AND SEGREGATION IN THE SOUTH ITEM CIVIL RIGHTS ACT OF (1875) END OF RECONSTRUCTION (1877) JIM CROW LAWS THE CIVIL RIGHTS CASES (1883) DISENFRANCHISING AFRICAN AMERICANS (ALL NON-WHITES) Plessy v. Ferguson (1896) It was designed to grant access to public accommodations such as theaters, restaurants and transportation. Also prohibited the exclusion of African Americans from jury service. (AKA: Enforcement Act or Force Act ) Federal occupation of the South was from National interest in the legal condition of African Americans waned so federal troops were pulled in National troops were no longer there to guard polling places and prevent whites from excluding black voters. Laws enacted by southern states which required segregation in public schools, railroads, restaurants, and theaters ( Whites only signs). Some laws even barred interracial marriage. The Supreme Court ruled (on five separate court cases) that Congress could prohibit only state or governmental action and not private acts of discrimination. This made the Civil Rights Act of 1875 was now considered unconstitutional. - Poll Taxes: You have to pay to vote (many African Americans were sharecroppers and had little money) - Property Qualifications: Must own property in order to vote. - Literacy Tests: Local voter registration officials administered difficult reading-comprehension tests - Grandfather clause: If your grandfather voted before reconstruction you could be exempt from poll taxes & literacy exams. The Supreme Court found that separate but equal accommodations did not violate the equal protection clause of the 14th Amendment. The National government decided to end reconstruction and let the South have State government control in Unfortunately for African Americans the South and Supreme Court were not interested in giving them with the full rights of citizens despite what the 13th, 14th and 15th amendments did guaranteed. 39

40 THE CIVIL RIGHTS MOVEMENT ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS NAACP (NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE) BROWN V. BOARD OF EDUCATION (1954) EISENHOWER SEND IN FEDERAL TROOPS BUS BOYCOTT 24TH AMENDMENT (1962) MARCH ON WASHINGTON CIVIL RIGHTS ACT OF 1964 VOTING RIGHTS OF 1965 Swann v. Charlotte-Mecklenburg School District (1971) Oswald Garrison Villard & W.E.B. Du Bois met in 1909 to discuss the issues faced by African Americans. This group soon formed the NAACP. The Supreme Court ruled that Plessy s separate-but-equal doctrine was unconstitutional. (Although a decade later less than 1% of black children attended integrated schools) In 1957, Eisenhower sent in troops to Little Rock, Arkansas to enforce a school desegregation order. In 1955, Rosa parks refused to give up her seat on a bus to make room for a white man. Martin Luther King took over the bus boycott that started on the first day of Park s trial. In 1956, a federal court ruled that segregated buses violated the equal protection clause of the 14th amendment. Outlaws the poll tax in any federal, primary, or general election. (Although it did not say anything about taxes in State or local elections the Supreme Court ruled those unconstitutional in 1966) 200,000 people gathered in the national s capital (Martin Luther King organized it) to demand the government end discrimination in all states. -Banned discrimination in public accommodations -Outlawed discrimination in hiring based on race, color, religion, sex, or national origin. -Cut off federal funding for discriminating organizations, including schools. -Empowered the U.S. Department of Justice to initiate suits against noncompliant programs. Aimed to overcome barriers that existed at the State and local levels stopping African Americans from voting. -Supreme Court ruled to eliminate all state-imposed segregation. - De jure discrimination: racial segregation as a result of law/ policy. - De facto discrimination: racial segregation as results from practice (like housing patterns) (not any government action) -The civil rights movement was successful for different reasons. There were groups like Martin Luther King s Southern Christian Leadership Conference that organized boycotts and protest marches. The media for focusing the nation s attention on how blacks were being treated in the south. But the NAACP was monumental for pressuring presidents, lobbying in Congress, and taking cases to the Supreme Court. -These legal decisions and laws helped not only African American but other diverse groups (like Hispanics and Asians). 40

41 WOMEN S SUFFRAGE ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS SENECA FALLS CONVENTION (1848) NAWSA (NATIONAL AMERICAN WOMAN SUFFRAGE ASSOCIATION) 19TH AMENDMENT A women s rights convention in which 300 men and women met and passed resolutions calling for the abolition of legal economic, and social discrimination against women. ( Elizabeth Cady Stanton and Lucretia Mott formed this because they were banned from participating in a abolition convention in London focused on ending slavery) It was revitalized in 1890 when the national and american organizations merged and decided to focus on obtaining the right to vote (suffrage). Susan B. Anthony headed this new group. (The suffrage movement : the drive for voting right for women ) Ratified in 1920, guaranteed women the right to vote. (This was 50 years after African American men) -I think it is interesting how different factions gave different reasons for extending suffrage for women. Some claimed mothers would know best for society. Others said why would uneducated black people get the right to vote before women. Some added white women need this power so white can dominate. Some said hey people should be equal. -After the 19th Amendment some women joined numerous groups like the National Consumers League or the Women s Christian Temperance Union to work towards individual group goals. The widespread organized activity on the behalf of women would not reemerge until the 1960 s. THE WOMEN S RIGHTS MOVEMENT ITEM CIVIL RIGHTS ACT OF 1964 NOW (NATIONAL ORGANIZATION FOR WOMEN) ERA (EQUAL RIGHTS AMENDMENT) EQUAL PAY ACT OF 1963 TITLE IX Outlawed discrimination in hiring based on race, color, religion, sex, or national origin. ( Southern Democrats added sex to the list so it would kill the bill, but it passed anyway) TITLE VII : of act has helped in sexual harassment & discrimination cases and Formed in 1966 after the Equal Employment Opportunity Commission failed to enforce the law as it applied to sex discrimination. (Goals: equality by the Passage of Equal Rights Amendment or judicial decision). Congress proposed it in ¾ of state did not ratify. (They were three states short in Opponents linked it to Roe v. Wade feminists and said it was anti-family. Congress extended ratification deadline by 3 years but no more states voted for it. It was renamed to the Women s Equality Amendment in 2007). Requires employers to pay women and men equal pay for equal work. (As of 2013, women still make about 78 cents for every dollar a man makes). Educational Amendments of 1972 law that bars education institutions receiving federal funds from discriminating against female students. (It is a portion of an amendment of national law) 41

42 HISPANIC AMERICANS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS LULAC (LEAGUE OF UNITED LATIN AMERICAN CITIZENS) Hernandez v. Texas (1954) UNITED FARM WORKERS UNION MALDEF (MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND) IMMIGRATION ISSUES DAY WITHOUT IMMIGRANTS Still today's largest Latino/a group in the United States was formed in Original members families owned land in the Southwest when it was still under Mexico s control. The Supreme Court ruled that Mexican Americans were entitled to a jury that included other Mexican Americans. Cesar Chavez and Dolores Huerta organized the largest farm workers union in the nation and led them to strike and boycott against California growers. MALDEF alongside the Puerto Rican Legal Defense and Education Fund focuses on funding schools with low-income minority students, bilingual education programs, hiring and workers rights, challenging election rules and apportionment plans that undercount latino/a voting powers. They also focused on getting the Voting Rights Act of 1965 passed, The United States only allows so many immigrants to enter the United States. Many people want the United States to let their friends and families to legally enter freely. This is met with resistance from Congress support for border patrol and additional fences. In 2006, legal and illegal immigrants took that day off in an economic boycott. More than 1 million marchers took to the streets in at least 40 states to draw attention to the plight of immigrants. 42

43 AMERICAN INDIANS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS DAWES ACT OF 1887 CITIZENSHIP NARF (NATIVE AMERICAN RIGHTS FUND) CASINOS CAMPAIGN CONTRIBUTION INDN (INDIGENOUS DEMOCRATIC NETWORK) -Population depletion was a huge factor. Estimates as high as million indians went down to less than 2 million by (Today there are approximately 2.8 million) -For years, Congress and the courts manipulated Indian law to promote the westward expansion of the United States. Indian lands were confiscated, they per placed on reservations, and their political rights were denied. The government switched policies to promote assimilation over separation. Each Indian family was given land within the reservation (Indian land was reduced from 140 million acres to 47 million). Their children was sent to boarding schools off the reservation where their native language and rituals were banned. In 1924, American indians became U.S. citizens with the right to vote. It was founded in It was the result of 1960 s activists that were mobilizing after being trained by the American Indian Law Center. Their lawsuits focus on hunting, fishing, and land rights. Today, Indians have a number of casinos across the nation. This has led to billions of dollars for Indian tribes. Indians new wealth has lead to them growing in power in terms of campaign contributions. (Example: The Agua Caliente Band of Cahuilla Indians 7.5 million in one year) Indians claim these large expenditures are legal because as sovereign nations they are immune from federal and state campaign finance disclosure laws. Created in 2005, to elect Indians and Democrats at the state and national level. 43

44 ASIAN & PACIFIC ISLANDERS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS CHINESE EXCLUSION ACT 1882 Yick Wo v. Hopkins 1886 SEGREGATION Korematsu v. U.S ORGANIZED FOR CIVIL RIGHTS The first law to restrict the immigration of any identifiable nationality. Ruled that a San Francisco ban on cleaners operating in wooden buildings (⅔ owned by Chinese, and it was one of the few industries that Chinese were not barred from). In 1922, the Supreme Court ruled that Asian and Pacific Americans were not white and therefore not entitled to full citizenship rights. States created more laws that separated races. The Supreme Court upheld FDR s executive order 9066 which rounded up Japanese Americans (⅔ U.S. citizens) and moved them to internment camps. (Congress apologized and gave reparations in 1988 as a result of to Japanese Americans lobbying) s & 1970 s groups formed to fight for civil rights. -Filipino farms works joined with Mexican in the United Farm Workers Union. -In 1973, movement for Free Philippines which later became The Congress Education Project opposed the Vietnam War. -In 1977, the U.S. government decided to use the nomenclature Asian and Pacific Islanders. This identity has been challenged by some sub-groups (like Hawaiians requesting to be categorized with Native Americans). Originally Asian and Pacific Islanders were far more likely to identify as japanese, Chinese, Korean, or Filipino. -Today groups are targeting diverse political venues (like obtaining positions at the national, state, and local level of governments). 44

45 CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS LESBIAN, GAY, BISEXUAL & TRANSGENDERED (LGBT) ITEM DISCRIMINATION DON T ASK DON T TELL DOMA (DEFENSE OF MARRIAGE ACT) Lawrence v. Texas 2003 SAME-SEX MARRIAGE BACKLASH Obergefell v. Hodges In the 1950 s, some states and local communities closed gay bars and prevented liquor sales to gays. -In 1973, psychiatrists removed homosexuality as a mental disorder from their chief diagnostic manual. In 1996, Military policy in which you could not ask a person their sexual orientation. But if you revealed you were gay you could be discharged. It was ended in A 1996 law, that keeps the power to define marriage at the state level and barred federal recognition of same-sex marriage for purposes of social security, federal income tax filings, and other points of law. This ruling ended anti-sodomy laws. It was the first time the Court declared homesexualilty was a fundamental privacy right. -There is a national backlash after Massachusetts allows same-sex marriage in George W. Bush renewed his call for a constitutional amendment to ban same sex marriage in Same sex marriage bans were on the ballot in several states in Gay people still face issues adopting in some states. The Supreme Court ruled that States could not ban same-sex marriage. (37 States had same sex marriage before ruling, most added it in States still had bans.) 45

46 AMERICANS WITH DISABILITIES ITEM AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS DISCRIMINATION ADA (AMERICANS WITH DISABILITIES ACT) AAPD (AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES) Many veterans of WWII, Korea, and Vietnam came home disabled and organized to end the discrimination they were facing. -The statute defines a disabled person as someone with a physical or mental impairment that limits one or more life activities, or who has a record of such impairment. -It extends protections from the Civil Rights Act of 1964 to all of those with physical or mental disabilities. -It guarantees access to public facilities, employment, communication services, and it requires employers to acquire or modify equipment, adjust work schedules, and make facilities accessible. The largest nonprofit organization lobbying for expanded civil rights for the disabled. It works on behalf of 56 million Americans who suffer from some form of a disability. They work alongside other groups to assure that the ADA is implemented fully. AFFIRMATIVE ACTION ITEM EARLY AFFIRMATIVE ACTION Regents of the University of California v. Bakke 1978 GRAY AREA OF LAW JFK issued executive orders to federal agencies to hire free of racial bias. LBJ issued orders to hire minority contractors and employees. This idea would exist in the federal government, states, colleges, and private companies in terms of hiring and admissions. He sued for reverse discrimination in that he was kept out of medical school even though he scored higher than some women and non-whites. The court ruled (5-4) that mandatory quotas were unconstitutional. (Court still ruled in favor of affirmative action, in some instances, following this case) The Court allows some forms of affirmative action but not others. Although the use of strict quotas and automatic points is not constitutional, the Court clearly believes that there is a place for some preferential treatment, at least until greater racial and ethnic parity is achieved. Affirmative Action :The label placed on institutional efforts to diversify by race or gender. 46

47 UNIT 3: POLITICAL BELIEFS & BEHAVIORS MAIN TOPICS PUBLIC OPINION POLITICAL PARTICIPATION 47

48 PUBLIC OPINION 48

49 POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION PUBLIC OPINION, THE SPECTRUM, & ISSUE TYPES ITEM PUBLIC OPINION IDEOLOGY THE POLITICAL SPECTRUM (LIBERAL-CONSERVATIVE SPECTRUM) VALENCE ISSUES WEDGE ISSUE SALIENCY What the public thinks about a particular issue or set of issues at any point in time. A comprehensive and mutually consistent set of ideas. -Liberal (democrats) is on the left side of the spectrum. -Conservative (republicans) is on the right side of the spectrum. -Moderate is somewhere in the middle of the spectrum. (Most Americans are moderate but often belong to one of the two major parties) Concerns or policies that are viewed in the same way by people with a variety of ideologies. (Examples: Everyone wants a strong economy and national security) Concerns or policies that sharply divide the public. (Examples: People often disagree on abortion and universal health care) If an issue is important to someone than it has high saliency. (Often found in wedge issues) POLITICAL IDEOLOGIES IDEOLOGY LIBERAL CONSERVATIVE LIBERTARIAN POPULIST PROGRESSIVE One of today's major ideologies. Originally under the influence of Thomas Jefferson who wanted a government to do very little. Under FDR s New Deal, the government took on a new responsibilities. Since the 1930 s liberal usually means allowing the government to expand beyond established constraints. One of today's major ideologies. Traditionally conservatives believe in following tradition and authority. Goldwater (1964 republican presidential nominee) argued that government should do less and thus allow its people more freedom. Less taxation and less government spending became its anthem. One of today's minor ideologies. They often oppose government intervention or regulation. It is a party but people in this ideology often belong to other parties. One of today's minor ideologies. They generally attend a Protestant church. They support things like prayer in school, high minimum wage, and welfare. One of today's minor ideologies. They split the republican party (peaked in early 1900 s). Today they believe in workers rights over corporate rights and support progressive taxes. Both parties occasionally go against their own ideology. Democrats adopt policies that are not very liberal in terms of personal liberty while Republicans adopt policies (like abortion) that require more regulation and law (not less). As a result both parties have sub-groups within them. 49

50 POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION FACTORS THAT INFLUENCE POLITICAL SOCIALIZATION FACTORS FAMILY EDUCATION RELIGION RACE & ETHNICITY LOCATION GENDER This is the single greatest influence on one s political socialization. When children start to inquire about world events or local issues it is the parents who explain it to their children and within this explanation comes the parents opinion on the issue. (10% of seniors identify with the party opposite of their parents) (60% of adults carry the same party identification as their parents) Teachers and peer groups can have a large impact. There is no evidence that obtaining high school diploma or a bachelor's degree will affect ideology. People that graduate with a masters degree or higher are more likely to vote for Democrats and hold liberal attitudes. (Average College faculty claim: 48% liberal;; 14% conservative) People who attend church (nearly weekly) are more likely to vote on election day. Fundamentalists (believe in literal interpretation of the Holy Bible), Evangelical Christians (promote Christian faith), and Protestants are located primarily in the South and midwest and they vote conservative (republican). Catholics vote liberal (democrat). Jews (smallest portion of electorate) vote liberal (democrat). -African Americans have voted for democrats since New Deal and even more since the Civil Rights Movement. -Hispanics (55-65 percent) vote for democrats. -Asians usually vote for republicans. -Whites are more likely to vote for republicans. -Northeast: liberal -West coast: liberal -West: conservative -South: conservative Women: liberal (especially single women) Men: conservative (especially white men) -40% to 50% of Americans consider themselves moderate, 30% conservative, and about 20% liberal. Only 37% consider themselves strongly partisan. How do people determine their ideology? The answer is political socialization. - Political Socialization: The process by which one develops political opinions. -Other books also include: media, region, age, occupation, & wealth. -Other books mention psychological factors: party identification, perception of candidates, & perception of issues 50

51 MEASURING PUBLIC OPINION ITEM AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION PUBLIC OPINION POLLS AKA: POLLING STRAW POLLS TRACKING POLLS EXIT POLLS FOCUS GROUPS APPROVAL RATINGS Interviews or surveys with samples of citizens that are used to estimate the feelings and beliefs of the entire population. Newspapers use to conduct simple, non-scientific tallies of selected voters to make predictions. (Since they were not scientific they were often wrong. People were like: uhhh is there something more reliable?) Researchers ask people the same or similar questions over time to track the path of public opinion. They are conducted outside of polling places on election day to predict the outcome of an election. Small groups of citizens (10 to 40 people) gather to hold conversations about issues or candidates. These are used for candidates to determine how to change their image for elections. (Example: People told Mitt Romney to wear more jeans) Researchers simply ask whether or not the respondent approves, yes or no of the president s job performance. Presidents usually hover at 50%. They can go up when the country finds itself in crisis. Truman s went up after he dropped the atomic bomb and George W. Bush s went up after 9/11 (Bush also had 29% when he was leaving office, which is really low) The most accurate way to measure public opinion is through scientific polling. The next page discusses this in detail. 51

52 POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION MEASURING PUBLIC OPINION WITH SCIENTIFIC METHODOLOGY ITEM SCIENTIFIC METHODOLOGY Construct a questionnaire with properly worded and ordered questions Select a representative sample Correctly interview the respondents Analyze the data appropriately Draw the correct conclusions Questions should be neutral and should not lead people to a certain answer. (Example of a bad question: Don t you think we should get rid of welfare so those lazy people can take care of themselves?) Define Universe : Who is in the group you wish to measure. (Example: All citizens or girls that age 13-19) Random Sampling : This method gives everyone in your defined universe the same chance of being selected. Stratified Sampling : Most national surveys and commercial polls use samples of 600 to 1,000 individuals and use stratified sampling which is a variation on random sampling. This included using information from the Census that rules out those unlikely to vote, breaking the country into 4 regions and counties and metropolitan areas that are in proportion to the total national population. They break into units and each unit gets 20 people selected. The interviewer contacts and interacts with the respondent can impact a pool. People are more honest on paper than when they are on the phone or in-person. People could skew that data to meet their own selfish goals. (Some people.they are the worst) Perhaps the end result does not show convey people s true feelings. (Which was the entire point) SHORTCOMINGS OF POLLING - Margin of error : All polls contain errors. Typically in a sample of 1,000 the margin of error is 4 percent. So if the result is 52 to 48 you can add or minus 4 to each number. So once you add the margin of error you see the race is too close to call. - Sampling error : If parts of the universe are not questioned the whole poll could be skewed. Homeless are hard to find, but they can vote. - Limited respondent options : If you answer agree or disagree you complex views may not be recorded. - Lack of information : People answering may have no knowledge/ and or opinion of the subject being surveyed. So what good is that? - Difficulty measuring intensity : Respondents opinions may not have been expressed. -Scientific polling (often referred to as polling) is the most accurate way to determine public opinion despite all its shortcomings. -The media uses polls often during an election and they start sounding like a horse race announcer. They often focus on who is winning instead of showing what the candidates are actually saying about these issues. 52

53 POLITICAL PARTICIPATION 53

54 POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION BASIC TERMINOLOGY REGARDING THE ELECTORATE ITEM ELECTORATE SUFFRAGE FRANCHISE The people who are entitled to vote in an election. The right to vote. The right to vote. DISENFRANCHISE To take away the right to vote. VOTING-AGE POPULATION VOTER TURNOUT This refers to people who are 18-years or older (since 1971). The portion of the voting-age public that votes. -Generally speaking about the eligible adult population: 40% votes regularly, 25% are occasional voters, and 35% rarely or never vote. -In 2012, 62% of the eligible electorate voted in the presidential election which was the highest since EXPANDING THE ELECTORATE AMENDMENT YEAR 15TH AMENDMENT TH AMENDMENT RD AMENDMENT TH AMENDMENT TH AMENDMENT 1971 The right to vote will not be denied on account of race, color, or previous condition of servitude. The right to vote will not be denied on account of sex. Washington D.C. residents have the right to vote in Presidential election (even though they are not in a state) The right to vote will not be denied for failure to pay a tax. The right to vote will not denied to people at least 18-year-olds due to their age. -Initially states would bar Women, African Americans, and immigrants from voting. But they also limited white men from voting by imposing religion tests, property taxes, and poll taxes. -By 1830 (Jacksonian Era) most states had removed the property requirement for being eligible to vote. (North Carolina was last in 1856) -Don t forget the 15th Amendment was ignored by many southern states when they added literacy tests, poll taxes. The Civil Rights Movement lead to national law to address these issues and even fueled some of the amendments on this chart. 54

55 POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION MODERN SUFFRAGE REQUIREMENTS & POSSIBLE LIMITATIONS CATEGORY SPECIFIC ITEM SUFFRAGE REQUIREMENT POSSIBLE VOTING LIMITATIONS Citizenship Residence Age Registration Mental Competency Convicted Felons Must be a U.S. citizen. Must be a resident from the State you are voting in. (There are absentee ballots if you are gonna be gone) Must be 18-years-old to vote. Must be registered with officials in your state to vote. (Except North Dakota) Some states deny people in mental institutions the right to vote. Some states deny convicted felons the right to vote. (Some still cannot vote for a number of years even after being released from prison) HIGH VOTER TURNOUT AND CORRUPTION ITEM PROBLEM SOLUTION -Fraudulent developed in voting in late 19th century (AKA: the late 1800 s) -Some estimates show 90% voting participation. - Vote Early & Vote Often repeat voters (like in movie: Gangs of New York) -People were bribed with money, alcohol, and threats of being fired. -Ward bosses intimidated voters to vote a certain way. -A generation of machine politics and patronage dominated from the precinct up to the national level. -Register to vote (now 30 days prior to an election is most a State can require) -The Australian Ballot -Four key components: 1) Ballot is printed and distributed at public expense 2) Ballot must show all candidates names 3) The ballot is only available at the polling place 4) The ballot is filled out in private The Australian ballot was first used in Australia in By 1892, 33 U.S. states adopted it. 55

56 MEASURING VOTER TURNOUT OPTION AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION USE REGISTERED VOTERS USE VOTING-AGE POPULATION You take the percentage from registered voters. (So if 5 people voted out of 100 registered voters then the voter turnout would be 5%) You take the percentage from the voting-age population. (So if 5 people voted out of 1000 people who are old enough then the voter turnout would be.5%) -Percentage of registered voters that voted in 2008 was 89.6% while the percentage of voting-age population that voted was 63.6%. -Voter turnout refers to the percentage of voting-age population unless otherwise stated. And it has rarely have gone above 60% in since It usually hovers closer to 50% or 55%. REASONS FOR LOW VOTER TURNOUT REASON TOO BUSY DIFFICULTY OF REGISTRATION DIFFICULTY OF ABSENTEE VOTING NUMBER OF ELECTIONS VOTER ATTITUDES WEAKENED INFLUENCE OF POLITICAL PARTIES Surveys indicate people have conflicting work or school schedules, were ill, disabled, or had a family emergency. (Researchers have also found no one likes to say that they are uninformed about candidates and issues even though it may be the case) In the United States voter registration requires individual initiative. It costs people time and effort. (Other nations place the burden on the government and not the people) Many states require a person to apply for an absentee ballot in person. The person is probably busy and on the go if they aren t even in their state for elections. The United States hold twice as many federal elections as other Western Democracies. American federalism leads to many additional elections at the state and local level. -Voter apathy: a simple lack of concern for the election -Voter efficacy: feeling your vote really counts (some people don t have it) (Some nations inspire people to vote by fining them money if they don t) The parties were once grassroots organizations that forged strong party-group links with their supporters. Today, candidate-centered campaigns has resulted in a more distant party from the people. -I feel like Netflix should be included with too busy and voter attitudes. -The United States has the lowest voter participation rates of any nation in the industrialized world: (Examples: 1960: 65% : 51.5% : 60% : 62%) 56

57 POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION EFFORTS TO IMPROVE VOTER TURNOUT IDEA EASIER REGISTRATION & CONVENIENCE VOTING MAKE AN ELECTION DAY HOLIDAY STRENGTHEN PARTIES OTHER SUGGESTIONS -Same day (as election) registration states have higher voter turnout. -Some people think 18 year olds should be automatically registered. -Oregon eliminated poll places and did all-mail balloting. This could make it easier for people to get out of work. Better keep election day on a Tuesday or people might go on long weekends. Political parties have recently been putting more time, effort, and resources into areas that have had lower turnout. It has helped somewhat. -Hold fewer elections -Use a proportional representation system for congressional elections to encourage 3rd parties -Change election day to Saturday or Sunday -Making voting mandatory -Provide a tax credit for voters -Have an election week instead of an election day -Allow people to vote over the internet -Have more polling places (some places have people waiting for hours) CONGRESS AND NATIONAL VOTING REGULATIONS ITEM NVRA (NATIONAL VOTER REGISTRATION ACT) HAVA (HELP AMERICA VOTE ACT) In 1993, Congress passed this law to help citizens register to vote at any state-run agencies, such as the bureaus of motor vehicles. Hence the motor-voter law nickname. In 2002, Congress created a national standards for voting and election management: -All States had to upgrade voting systems to electronic format -People with disabilities must have easy access to polling places -Registered voters must provide a driver's license or the last four digits of their social security number. -HAVA was passed in response to the Bush-Gore election. In Florida there was a confusing punch-card ballot in which pieces of paper called chads made counting ballots difficult. 57

58 VOTING BLOCS & BEHAVIOR VOTING BLOC AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION TURNOUT % G E N D E R MALES 61.5 FEMALES Slightly less likely to vote than women. -Believe in harsher punishments & are more fiscally conservative -Slightly more likely to vote than men. -More likely to vote democrat (especially if single) -Oppose harsh punishments & are less war-prone. -Support welfare systems. WHITES 66.1 More likely to vote conservatively. R A C E BLACKS 64.1 HISPANIC Since New Deal vote for democrats. -Support money for poor areas rather than on foreign policy. -Have a less favorable view of the justice system. -Side with democrats on urban, minority, & labor issues. -43 million voters (fastest growing minority population) ASIAN Tend to vote for conservatives A G E (YOUNG VOTERS) (SENIOR CITIZENS) Low voter turnout. -Might be uninformed because houses, careers, family, and running a business is all in the future for them. -High voter turnout. -Have more experience and understanding of the political process because they are likely to have much at stake: social security, medicare, taxes, & inheritance. S C H O O L NO HIGH SCHOOL DIPLOMA OBTAINED A MASTERS DEGREE 39.4 N/A -The less education you obtain the less likely you are to vote. -The more education you obtain the more likely you are to vote. 58

59 POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION VOTER BEHAVIOR BY DEMOGRAPHICS DEMOGRAPHIC VOTE LIBERAL VOTE CONSERVATIVE GENDER Women Men RACE RELIGION REGION EDUCATION OCCUPATION African Americans Hispanics Catholic Jews East Coast West Coast Obtaining a masters Wage earner Craftsman Factory line workers Whites Asians Protestants Evangelicals Mormons South West The rest of educational attainment is pretty split between the two parties. Business community Entrepreneurs Shareholders -Obviously these are just statistical majorities. There is no way to know how a person votes just because of their demographics. In some instances it is like 55 % of these people vote like this. Well 45% of them still vote for the other side. So don t go nuts with this stereotypical data. But you might need an example or two on the AP test. -Party identification is still the strongest indicator as how someone will vote. -Also in terms of the electoral college, many states in certain regions vote consistently. 59

60 UNIT 4: LINKAGE INSTITUTIONS MAIN TOPICS POLITICAL PARTIES ELECTIONS & CAMPAIGNS INTEREST GROUPS MASS MEDIA 60

61 POLITICAL PARTIES 61

62 LINKAGE INSTITUTIONS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES OF LINKAGE POLITICAL PARTIES ELECTIONS INTEREST GROUPS MASS MEDIA A group which tries to win elections so they can control the government. A process in which one person is selected for a governmental job. They should represent their constituents. -Use propaganda to influence society -Use PACs to influence elections -Hire lobbying to influence Congress Gains people s attention by selecting which stories to cover. -This entire unit covers Linkage Institutions: connect or link people with the government. POLITICAL SCIENTISTS DESCRIBE POLITICAL PARTIES PORTION OF PARTY GOVERNMENTAL PARTY ORGANIZATIONAL PARTY PARTY IN THE ELECTORATE The office holders who organize themselves and pursue policy objectives under a party label. The workers and activists who make up the party s formal organization structure. The voters who consider themselves allied or associated with the party. DEFINITIONS: -Political Party: An organized effort by office holders, candidates, activists, and voters to pursue their common interests by gaining and exercising power through the electoral process. - Political Party: is an organization of people which seeks to achieve goals common to its members through the acquisition and exercise of political power. - Political Party: A group who wins elections to gain power in the government. - Political Party: A group who wins elections so they can control the government. 62

63 TYPES OF REALIGNMENT AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES TERM DEFINITION EXAMPLE PARTY REALIGNMENT SECULAR REALIGNMENT A shifting of party coalition groupings in the electorate that remains in place for several elections. The gradual rearrangement of party coalitions, based more on demographic shifts than on shocks to the political system. -Jefferson forms anti-federalist to respond against federalists strong central government -Whig party dissolved over slavery and Republicans gained strength to win presidency of Democrats gain former republicans during the New Deal legislation aimed to end depression of 1930 s). Southern Democrats transformed into Republicans as the Democratic party shifted its platform toward liberal social causes. - Critical election : An election that signals a party realignment through voter polarization around new issues. (One or two of them generally precede a major realignment (or party realignment) -Secular realignment can take place because one generation is dying off and younger voters which replace them are different. - Dealignment: a general decline in party identification and loyalty in the electorate (similar sounding word, but different) POLITICAL PARTIES CHANGE OVER TIME PRESENT Federalists won ratification of the Constitution and the presidency for the first three terms. Federalists maintained beliefs in a loose interpretation of the Constitution to strengthen the nation. Democrats (Jacksonians) encouraged greater participation in politics and gained Southern and Western following. Democrats became the second-place party, aligned with the South and the wage earner and sent only Grover Cleveland to the White House. Democrats join with Populists to represent the Southern and Midwestern farmers, workers, and Protestant reformers. Democrats, starting with the New Deal, have pushed for affirmative action, strong protection of civil liberties, and government intervention on the economy. Anti-federalists opposed strong national government and favored states rights and civil liberties. Democratic-Republicans (Jeffersonians) (AKA: Republicans) put less emphasis on a strong Union and more on states rights. Whigs were a loose band of eastern capitalists, bankers, and merchants who wanted internal improvements and stronger national government. Republicans freed the slaves, reconstructed the Union, and aligned with industrial interests. Republicans continue to dominate after a realignment based on economic factors. Republicans have taken on a laissez-faire approach to economic regulation and a brand of conservatism that reflects limited government. -Some people notice that states rights and republicans are often in the right column so the right column must be conservative. Unfortunately, it is not that simple. Republicans in the 1860 would actually seem more liberal than the democrats of that time. By today s standards liberals would care more about expanding the role or influence of government and conservatives would want to lessen the role government plays. -Some books point out the Golden Age : from 1860-present day the Democrats and Republicans have dominated elections in the United States. 63

64 LINKAGE INSTITUTIONS POLITICAL PARTIES FUNCTIONS OF POLITICAL PARTIES FUNCTION I N E L E C T I O N S I N O F F I C E RECRUIT & LABEL CANDIDATES BUILDING COALITIONS GATHER FUNDS GET INFORMATION OUT POLICY FORMATION & PROMOTION (AKA: GOVERNING OR RUNNING THE GOVERNMENT) OPPOSE OTHER PARTY (AKA: WATCHDOG) Parties search for candidates, nominate them, and help to define their viewpoints. Parties try to build coalitions of like-minded citizens. Parties raise hundreds of millions of dollars for the campaigns. Mailings, social media platforms, and other forms of communication can build support. Political parties play a major role in running the government. Legislatures at national and state level are organized along party lines. Most political appointments in the federal executive and judicial branches are made along party lines. No party is in control of all level of government Parties are the loyal opposition, trying to force compromises. TWO PARTY SYSTEM & MINOR PARTIES TYPE OF ELECTION SYSTEM EFFECT ON PARTIES PROPORTIONAL REPRESENTATION A voting system that apportions legislative seats according to the percentage of the vote won by a particular political party. Multi-party system Minor parties are more successful in this system. This allows interests to be divided into more groupings. SINGLE-MEMBER DISTRICTS (AKA:WINNER-TAKE-ALL SYSTEM A system in which the party that receives at least one more vote than any other party wins the election. Two-party system Minor parties do not generally do well. This encourages the grouping of interests into as few parties as possible. -The United States does not have proportional representation. It has a winner-take-all system so third parties are not as successful. Some countries do utilize a proportional representation system. They have a multi-party system as opposed to the United States two party system. - Minor Party : (often called 3rd parties) a political party that plays a much smaller role than a major party in a country s politics and elections. 64

65 INFLUENCE OF MINOR PARTIES ITEM AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES S & EXAMPLES THEY SOMETIMES TURN INTO MAJOR PARTIES -Jacksonian Democrats was at first a minor party. -Lincoln's Republicans was at first a minor party. -Although no minor party has won the White House since 1860, they have sent members to Congress. 4 TYPES OF MINOR PARTIES SINGLE ISSUE PARTIES SPLINTER PARTIES (AKA: FACTIONAL OR BOLTER PARTIES) ECONOMIC PROTEST PARTIES IDEOLOGICAL PARTIES (AKA: DOCTRINAL PARTIES) Created to advance a particular policy or to solve one particular political concern. (Examples: Free Soil Party wanted to end slavery. The American Party wanted to tighten restrictions on immigration and citizenship) Break off from a larger existing party due to an ideology differing from that of party leaders. (Example: Liberal Republicans met in 1782 to oppose incumbent Ulysses S. Grant because he and the Radical Republicans were too harsh on allowing Southern States back into the Union) They are created due to concern with economic conditions. (Example: In 1892, the Populists focused on issues that farmers faced) Created to follow a prescribed ideology and have a comprehensive view of government and policy that differs greatly from that of the two major parties. (Example: The Socialist Party took on child labor, minimum wage, and foreign policy issues. The Socialist Party could also be viewed as an economic protest party) BIGGEST INFLUENCE Major parties sometimes adopt ideas from minor parties. -Minor Party : (often called 3rd parties) a political party that plays a much smaller role than a major party in a country s politics and elections. -Another historical minor party is the Progressive Party following Theodore Roosevelt didn t like Republican leadership's (after Teddy had been president for 8 years) handling of trust busting (when government breaks up corporate trusts and monopolies) and environmental conservation. Teddy Roosevelt did better than Taft but it split the republican-conservative vote allowing Woodrow Wilson (democrat) to be elected. -Modern Minor Party Presidential Candidates: Pat Buchanan ran with Reform Party in Ralph Nader, consumer advocate, ran with the Green Party in 1996 and To get a candidate's name printed on the ballot they must meet certain qualification in each State. Most states require a fee and a large amount of signatures. -Minor parties have a tougher time raising money and getting on ballots than major parties. Major parties are fearful they will split their votes and do not want them on ballots. 65

66 PARTY ORGANIZATION ITEM AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES TYPE EXAMPLE PURPOSE NATIONAL COMMITTEE Democratic National Committee (DNC) Republican National Committee (RNC) The DNC and the RNC focus on aiding presidential campaigns and conducting general party-building activities NATIONAL COMMITTEES PARTY COMMITTEES IN CONGRESS (AKA: HILL COMMITTEES) National Republican Senatorial Committee (NRSC) National Republican Congressional Committee (NRCC) Democratic Senatorial Campaign Committee (DSCC) The Hill Committees work primarily to maximise the number of seats held by their respective parties in Congress. Democratic Congressional Campaign Committee (DCCC) LEADERSHIP The party chairperson (or national chair) is the chief strategist and spokesperson. This person is not usually as famous as president or congressional leader but they run the party machinery (building up the membership, seek funding, recruiting quality candidates, conveying to voters the party philosophy). Each party elects its own chairperson by a vote of the committee. (So both the DNC and RNC has a chairperson) PARTICIPANTS WHEN THEY MEET WHAT THEY DO NATIONAL CONVENTIONS Delegates from all 50 States (& U.S. territories) Every 4 years 1)Create platform : (a list of principals and plans that they wish to enact) 2) Nominate Candidates : (give official party endorsement for president and vice president) STATE & LOCALITIES INFORMAL GROUPS Every state has a statewide party organization. The state party chairperson makes public appearances on local television and works to recruit new member and register voters. Some have salaries and offices. County-level chairperson from less populated counties operate effectively out of their home with nothing more than a basic web page and a xob of voter registration cards. State and local organizations can operate independently of the national committee. Interest groups and associations that often provide money, labor, or other forms of assistance to the parties. Think tanks (institutional collections of policy-oriented researchers and academics) also unofficially influence party positions. 66

67 LINKAGE INSTITUTIONS POLITICAL PARTIES POLITICAL PARTIES IN GOVERNMENT BRANCH OR LAYER OF GOVERNMENT CONGRESS PRESIDENCY JUDICIARY STATE GOVERNMENTS Prior to the beginning of every session, the parties in both houses of Congress gather (or caucus) separately to select party leaders and to arrange for the appointment of members of each chamber s committees. Leaders in congress often attempt to influence members to vote on party lines. Presidents need support in Congress to pass legislation. In exchange for congressional support the president often appoints many activists to office, recruiting candidates, raising money for the party treasury, and campaigning extensively for party nominees during elections seasons. Judges are creatures of the political process. Judges are often seen as liberal or conservative. Democrats like to appoint liberal judges and Republicans like to appoint conservative judges. -The political party influences the legislative, executive, and judicial branches at the state level as well. -Governors have more influence in their State than Presidents on political parties because they have more jobs to hand out. -State legislative leaders also have more power, thus party unity is usually higher in the state capitols. RECENT MAJOR PARTY SUPPORTERS CATEGORY DEMOCRATS REPUBLICANS REGION Northeast States West Coast Southern States Great Plain States Mountain States GENDER Women Men ANCESTRY RELIGION African Ancestry Hispanic Ancestry Catholic Jewish Nonreligious European Ancestry Protestants Evangelicals WEALTH Poor Wealthy URBAN/RURAL Urban Rural Suburbs These are decent trends for today s electorate. They were supported with data and studies on the 2000 and 2004 elections. 67

68 LINKAGE INSTITUTIONS POLITICAL PARTIES RECENT MAJOR PARTY PLATFORMS POLITICAL PARTY 2012 PLATFORM DEMOCRATS HEALTH CARE FOR THE POOR EQUAL RIGHTS FOR WOMEN EQUALITY AND SEXUAL ORIENTATION IMMIGRATION CLIMATE CHANGE ABORTION Strengthen Medicaid and oppose efforts to block funding Ensure full equality and support Equal Rights Amendment All americans deserve the same chance to pursue happiness regardless or sexual orientation Enact comprehensive reform that values our laws and a nation of immigrants Affirms the science of climate change and need smart policies that lead to clean energy Supports Roe v. Wade and a woman s right to make decisions regarding her pregnancy REPUBLICANS GOVERNMENT- FUNDED SUPPORT DEATH PENALTY MARRIAGE IMMIGRATION GUN CONTROL ABORTION Stand in contrast to current administration's policies that expand entitlements, create new public programs, and provide expansive government bailouts Courts should have the option of imposing the death penalty in capital murder cases Marriage would be one man and one woman and this must be upheld as the national standard Oppose any form of amnesty of those that intentionally violated the law Pass laws consistent with Supreme Court decisions which have upheld the fundamental right to keep and bear arms for self-defense We oppose using public revenues to promote or perform abortions of fund organizations which perform or advocate it Platform : a list of principles and plans a political party hopes to enact. It is the best way to determine a party s primary ideology. Political Parties write a platform at every National Convention (when they also officially nominate presidential and vice presidential candidate). 68

69 LINKAGE INSTITUTIONS POLITICAL PARTIES MAJOR POLITICAL PARTIES & THE MEDIA PARTY MASCOT TYPES OF PEOPLE NEWS OUTLETS LEANING THEIR WAY DEMOCRATS Donkey African Americans Pacifists Environmentalists Feminists Latinos Members of organized labor Washington Post The Nation New Republic CNN Air America Radio REPUBLICANS (AKA: GRAND OLD PARTY, GOP) Elephant Neo-conservatives Business interests Wall Street and financial interests Supply-side conservatives Religious conservatives Southern conservatives Mountain states conservatives (more libertarian) Washington Times National Review The Wall Street Journal Fox News Rush Limbaugh Republicans are the elephants. Democrats are the donkeys. Both mascots started out as satire to make fun of the political parties in the 1800 s. Both parties embraced their mascots today. PARTY IDENTIFICATION & DEALIGNMENT ITEM PARTY IDENTIFICATION DEALIGNMENT A citizen s personal affinity for a political party, usually expressed by a tendency to vote for the candidates for that party. A general decline in party identification and loyalty in the electorate. -Party membership is optional. People can change it whenever they want. -Some people like to call themselves independent even though they always vote for the same political party to win. -Lately about 40% of the american public have been identifying themselves as independent. The two major parties go up and down but both of them can usually claim near 30%. -Party Identification is still the most accurate indicator of how an individual will vote. 69

70 ELECTIONS & CAMPAIGNS 70

71 TYPES OF ELECTIONS TYPE OF ELECTION AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS SPECIFIC TYPE PRIMARY ELECTIONS GENERAL ELECTIONS OTHER STATE ELECTIONS PRIMARY ELECTION CLOSED PRIMARY OPEN PRIMARY RUNOFF PRIMARY GENERAL ELECTION BALLOT MEASURE INITIATIVE REFERENDUM RECALL Election in which voters decide which of the candidates within a party will represent the party in the general election. A primary election in which only a party s registered voters are eligible to vote. A primary in which party members, independents, and sometimes members of the other party are allowed to vote. (Participation of voting when not affiliated it called crossover voting ) ( Raiding is an organized attempt to influence the primary results of the other party) A second primary election between the two candidates receiving the greatest number of votes in the first primary. Election in which voters decide which candidates will actually fill elective public offices. An election option such as initiative or referendum that enable voters to enact public policy. A election that allows citizens to propose legislation and submit it to the state electorate for popular vote. An election whereby the state legislature submits proposed legislation to the state s voters for approval. An election in which voters can remove an incumbent from office by popular vote. -These elections take place at national, state, and local levels. - Electorate : the citizen eligible to vote. At fixed intervals they vote to express opinions about issues and to judge those in power. -If we did not have peaceful transition of power that would only leave us with non peaceful transitions. 71

72 LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS PRESIDENTIAL ELECTION: SUMMARY PHASE OF ELECTION WHAT TAKES PLACE WHAT THE CANDIDATES NEED NOMINATIONS NATIONAL CONVENTION GENERAL ELECTION Primaries & Caucuses are held in each State for both major parties to see which candidates the delegates will vote for their party s nomination. Both political parties hold a convention where the delegates officially nominate their party s candidate and they write the party s platform. On election day each state's popular vote determines how many electoral votes each candidates receives. At least 2,118 delegates for the democratic nomination At least 1,191 delegates for the republican nomination People in their party to come together and support them on during the general election. They need at least 270 electoral votes to become President. The next 3 charts go into greater detail regarding these three phases of presidential elections.. PRESIDENTIAL ELECTION: NOMINATIONS ITEM PRIMARIES CAUCUSES There are different kinds. People vote on ballot. There vote is their secret. Participants spend several hours learning about politics and the party. There are speeches by candidates or representatives and receive advice from party leaders. People often go to corners a room to show support (if your candidate as low support you have a chance to go to your next choice) -The political party determines how many delegates each state possesses. The primary elections and caucus votes determine which candidates the delegates support. Once a candidate receives a majority of delegates they have earned the party nomination. (At least 2,118 delegates for the democratic nomination and at least 1,191 delegates for the republican nomination) -Number of delegates per state are determined by the party (but they base it on population) -States determine the date of their own primaries (often referring to both primaries and caucuses, AKA: primary season - Frontloading : the tendency of states to choose an early date on the primary calendar. (States do this so the candidates will come to their state and so their citizens can vote before a candidate receives a majority of delegates). Frontloading gives an advantage to early leader because it gives less time for opponents to tear them down. 72

73 LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS PRESIDENTIAL ELECTION: NATIONAL CONVENTION ITEM WHO HAS THEM? WHEN ARE THEY? WHO GOES? WHAT DO THESE DELEGATES DO? Both Democrats and Republicans have their own national conventions. They take place every four years (the summer before a presidential election). Delegates selected at local and state level to represent the people from their state. -Officially nominate the presidential and vice presidential candidates (as a team). -Write the party platform. -Some delegates do not legally have to support the person their state voted for. Some legally do. Most delegates do select their state's choice. A couple go against the grain from time to time. Weird huh - Superdelegates : (only exist the democrats party) A delegate slot to the Democratic Party s national convention that is reserved for an elected party official. -National conventions are where the political party needs to come together (unify the party). Parties spend a year tearing themselves apart in the nomination process. Now they need to stand together to take on the opposition. PRESIDENTIAL ELECTION: THE GENERAL ELECTION ITEM ELECTORAL COLLEGE ELECTOR WINNING THE PRESIDENCY ELECTORAL VOTES PER STATE WINNER-TAKE-ALL (SINGLE-MEMBER DISTRICT) (PLURALITY) Representatives of each state who cast the final ballots that actually elect a president. Member of the Electoral College chose by methods determined in each state. The winner must receive 270 electoral votes of the 538 possible. (If no candidate receives at least 270 electoral votes then the House of Representatives selects the President and the Senate selects the Vice President) Each state has the same number electoral votes as the representation they have in Congress. (Example: Nevada has 4 House of Representatives + 2 Senators = 6 Electoral Votes) In 48 states, whichever candidate receives the majority of the votes (popular vote) wins all the electoral votes from that state. (Under this system it is possible to win the electoral college while losing the popular vote. Nebraska and Maine both have a proportional disbursement of electoral votes based on how the population of their states voted). -Least amount of elector votes a state can have is 3. California has the most with 55.. Washington D.C. has 3. (23rd amendment). -Some people want a popular vote to determine the presidency instead, because in 1824 John Quincy Adams, 1876 Rutherford Hayes, 1888 Benjamin Harrison, and 2000 George W. Bush won the presidency without winning the popular vote. 73

74 CONGRESSIONAL CAMPAIGNS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS MODERN CAMPAIGNS MIDTERM ELECTIONS FUNDRAISING FINDING OUT WHAT THE PUBLIC WANTS GETTING MESSAGE OUT TO VOTERS To compete for a seat in the House of Representatives and the Senate, a candidate must create a networked organization that resembles a small corporation, spend much of his or her own money, solicit hundreds of donors for contributions, and sacrifice many hours and days to the process. All House candidates and ⅓ of Senate candidates run for election every two years. Federal elections that take place halfway through a president s term are called midterm elections. -The size of a candidate's war chest, or bank account for campaigning can play a role in determining victory or loss. (Half of all House candidates raise more than $1 million dollars, which would require them fundraising $16,000 a week) (Senate candidates spend on average 12 million) -Candidates generally spend ¼ of their campaign time making personal phone calls and holding formal fundraisers (cocktail parties, picnics, and formal dinners with celebrities and officials has guest speakers). A typical campaign spend 3 percent of its revenue on polling and surveys to understand what voters think. They also use focus groups, internet blogs, radio call-in shows, and conversations with party leaders & political analysts to find out what the public wants. -The candidate gets their message out (common themes of decency, loyalty, and hard work). The three phases a campaign include: the biography, the issues, and the attack. -¾ of all voters say they get most of their information about elections by watching television. A visual is a short news segment showing the candidate in action (cost the candidate nothing to show). A spot is short expensive commercial. - Redistricting: the process of of redrawing congressional districts to reflect increases or decreases in seats allotted to the states. This effects how many seats each state gets in the House of Representatives. The census counts the population every 10 years. If a state is gain or lose seats in the House it is up to the State legislatures to draw the congressional districts for their state. Gerrymandering : the drawing of boundaries in a way to produce a particular electoral outcome without regard to the shape of the district. 74

75 LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS INCUMBENCY ADVANTAGES & DISADVANTAGES ITEM SPECIFIC ITEM ADVANTAGES DISADVANTAGES Name Recognition Money Presence Coattail Effect Role of Economy People often know their members by name. This is partly due to the franking privilege in which free mailing is available so Congress members can inform constituents about new things going on in their states and districts. Some members become household names being re-elected over and over again. Incumbents nearly always have more money than challengers. Political action committees (PAC s) donate heavily to incumbents. Officeholders can provide services to constituents, including answer questions about issues of concern to voters. Incumbent keep offices in their hometowns and in Washington D.C. Congressional candidates can often ride on the popularity of their party s presidential candidate. The single greatest predictor of an incumbent's loss is a poor economy. When times are tough the voting public will often hold incumbents and their party responsible. Incumbent : the office holder who is seeking re-election. 75

76 A CAMPAIGN S KEY PLAYERS PLAYERS AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS S CANDIDATE VOLUNTEER CAMPAIGN STAFF A person chooses to run for office for a number of reasons which include personal ambition, the desire to promote a certain ideology and pursue specific public politics, or simply because they think they can do a better job than their opponents. Volunteers are the lifeblood of every national, state, and local campaign. Voter canvas : the process by which a campaign reaches individual voters, either by door-to-door solicitation or by telephone. Closer to election day volunteers begin vital get out the vote (GOTV) efforts, falling and ing supports to remind them to vote and arranging their transportation if necessary. THE CANDIDATE S PROFESSIONAL STAFF THE CANDIDATE S HIRED GUNS Campaign Manager Finance Chair Pollster Direct Mailer Communications Director Press Secretary Internet Team Campaign Consultants Media Consultants The individual who travels with the candidate and coordinates the many different aspects of the campaign. A professional who coordinates the fund-raising efforts for the campaign. A professional who gives and analyzes public opinion surveys that guide political campaigns. A professional who supervises a political campaign's direct mail fund-raising strategies. The person who develops the overall media strategy for the candidate, blending free press coverage with paid TV, radio and mail media. The individual charged with interacting and communicating with journalists on a daily basis. The campaign staff that makes use of Web-based resources to communicate with voters, raise funds, organize volunteers, and plan campaign events. A private-sector professional who sells to a candidate the technologies, services, and strategies required to get that candidate elected. A professional who produces candidates television, radio, and print advertisements. 76

77 CAMPAIGN MEDIA MEDIA TYPE AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS S Political advertisements purchased for a candidate s campaign. PAID MEDIA FREE MEDIA NEW MEDIA Types of Ads: positive ads: Advertising on behalf of a candidate that stresses the candidate s qualifications, family, and issue positions, without reference to the opponent. negative ads: advertising on behalf of a candidate that attacks the opponent s platform of character. contrast ad: Ad that compares the records and proposals of the candidates, with a ibas toward the sponsor. spot ad: Television advertising on behalf of a candidate that is broadcast in sixty-,thirty-,or ten-second durations. inoculation ad: Advertising that attempts to counteract and anticipated attack from the opposition before the attack is launched. Coverage of a candidate s campaign by the news media. New technologies, such as the Internet, that blur the line between paid and free media sources. Candidatet want favorable coverage. Campaign teams use media consultant in an attempt to influence the media by 1) Staff members seek to isolate the candidate from the press 2) the campaign stages media events ( sound bites : brief clever quotes with appealing backdrops so they will be covered on the news) 3) Spin any circumstance they can (make their candidate look good and the other look bad) 4) Circumvent the news by going on talk shows. THE FEDERAL ELECTIONS CAMPAIGN ACT (FECA) ITEM FEDERAL ELECTIONS COMMISSION (FEC) REGULATED MONEY POLITICAL ACTION COMMITTEES PUBLIC FUND This law created an independent agency created to monitor and enforce campaign regulation. (6-member nonpartisan body) This law prevented donors from giving more than $1,000 to any federal candidate and more than $5,000 to a political committee. This law defined that Political Action Committees must: Must have at least 50 members. Must donate to at least five candidates. Must register with the FEC at least six months in advance of the election. This law created a voluntary public fund to assist viable presidential candidates. (When you file taxes you have chance to give $3 bucks. Candidates use public funds to match individual donations of $250, if they spend less than 50K own money and raise 5k in at least 20 states) -This law was created in 1971 and amended in 1974 and 1976 in response to americans distrust of money in politics and politics in general after the Watergate scandal. 77

78 CAMPAIGN FINANCE ITEMS AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS FEDERAL ELECTIONS COMMISSION HARD MONEY SOFT MONEY McCAIN-FEINGOLD LAW (AKA: BIPARTISAN CAMPAIGN REFORM ACT OF 2002) (AKA: BCRA) 527 POLITICAL COMMITTEES 501(C)(3) COMMITTEES McConnell v. FEC (2003) Citizens United v. FEC (2010) McCutcheon v. FEC (2013) The FEC is an extremely important independent agency that is responsible for regulating elections. Laws and court cases have also had great importance on this issue. Donations given directly to a candidate for campaigning. Donations given to a political party for party-building purposes (Such as get out the vote drives or issue ads) (Soft money skyrocketed after FECA) Banned soft money contributions to the national parties Increased limits on hard money donations per election cycle: $2,000 from individuals (with an adjustment for inflation) $5,000 from PACs $25,000 from the national parties Prohibited corporations, trade associations, and labor organization from paying for electioneering communications using campaign treasury money within 60 days of the general election and 30 days of a primary. Candidates must explicitly acknowledge approval of all TV ads. Non profit and unregulated interest groups that focus on specific cause or policy positions and attempt to influence voters. They cannot directly engage in advocacy for or against a candidate. Nonprofit and tax-exempt groups that can educate voters about issues and are not required to release the names of their contributors. The McCain-Feingold law was largely upheld. The Court ruled that corporations have a right to free speech and cannot be denied the that right in the final days before an election. The Court ruled that the free speech clause prevents Congress from limiting the aggregate total an individual may donate to various candidates. - Hatch Act, 1939 : federal employees and companies doing business under federal contracts were forbidden from contributing to elections. - Buckley v Valeo, 1976: The Court ruled that Congress could limit some contributions to candidates but protected other forms of ucing to parties as forms of free speech committees and 501 (c ) (3) committees are named after tax code: they show that taking money out of politics is not going to be easy. 78

79 GOVERNING ELECTIONS LEVEL OF GOVERNMENT AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS STATE NATIONAL (AKA: FEDERAL) Sets times and locations for elections. (Sets dates for non-federal elections) Chooses format of ballot and how to file for candidacy. Creates rules and procedures for voter registration. Draws congressional district lines (state legislatures). Certifies election results days after election day. Set date for federal elections: (Currently: Tuesday following the first Monday in November of even numbered years). Has judicial jurisdiction on election policy. Addresses suffrage in constitutional amendments Enforces relevant civil rights legislation. Administers and enforces campaign finance rules (FEC) 79

80 INTEREST GROUPS 80

81 TYPES OF INTEREST GROUPS TYPE OF GROUP AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS INTEREST GROUPS ECONOMIC INTEREST GROUPS SOCIAL ACTION AND EQUALITY GROUPS PUBLIC INTEREST GROUPS GOVERNMENTAL UNITS POLITICAL ACTION COMMITTEES (PACs) These organizations form to serve the economic interest of their members, such as labor groups. When a social change is desired, people may join together to help get this change made. Some organizations exist to work for their perception of the public s best interests. (Not just to benefit group members) State and local governments are becoming strong organized interests as they lobby the federal government or even charitable foundations for money for a vast array of state and local programs. (They want earmarks : monies targeted for programs within a state or congressional district to fund basic programs for roads schools, parks & waterways, or other public works projects) Federally regulated, officially registered fund-raising committee that represent interest groups in the political process. (Often made up of corporations, labor unions, and interest groups) -Interest Group: A group that tries to encourage or prevent change in public policy without being elected. (Political parties are different because they want to control the government by winning elections) -Other names interest groups go by: special interests, pressure groups, organized interests, nongovernmental organization (NGO s), political groups, lobby groups, and public interest groups. -Interest groups connect citizens to the government by increasing public awareness about issues and helping frame the public agenda. -Do the rich and powerful have greater influence? More than they deserve? INTEREST GROUP THEORIES THEORY PLURALIST THEORY DISTURBANCE THEORY TRANSACTIONS THEORY POPULATION ECOLOGY THEORY The theory that political power is distributed among a wide array of diverse and competing interest groups. The theory that interest groups form in part to counteract the efforts of other groups. The theory that public policies are the result of narrowly defined exchanges among political actors. The theory that the life of a political organization is conditional on the density and diversity of the interest group population in a given area. 81

82 LINKAGE INSTITUTIONS INTEREST GROUPS FUNCTIONS OF INTEREST GROUPS FUNCTION SPECIFIC FUNCTION LOBBYING ELECTIONEERING LOBBYING CONGRESS LOBBYING THE EXECUTIVE BRANCH LOBBYING THE COURTS GRASSROOTS LOBBYING PROTESTS AND RADICAL ACTIVISM CANDIDATE RECRUITMENT AND ENDORSEMENTS GETTING OUT THE VOTE RATING THE CANDIDATES OR OFFICE HOLDERS POLITICAL ACTION COMMITTEES (PACs) Lobbying activities include congressional testimony on behalf of a group (even writing bills), individual letters from interested constituents, and campaign contributions (straight up vote buying is illegal) Groups target the president, White House staff, and numerous levels of bureaucracy to influence policy decisions at the formation and implementation stages. -Direct sponsorship of litigation, paying so their group can sue someone using a test case. (Example: NAACP paid for lawyers to take the Brown case all the way to the Supreme Court to fight against segregation in the American schools) - Amicus curiae briefs: Write to inform justices of the group s policy preference, generally offered in the guise of legal arguments. Interest group activity that encourages people to contact their congressional representatives directly in an effort to affect policy. This is occasionally used by some interest groups. Like the Boston Tea Party. Or when marchers risk detention or jail to protest the International Monetary Fund. Some interest groups recruit, endorse, and/or provide financial or other forms of support for political candidates. Launch GOTV to increase voting expecting these voters will vote in favor of the group s policy preferences. Liberal and conservative interest groups rate members of Congress so the public can hold members accountable. Interest groups use these to raise and spend money on campaigns. -Lobbying : the process by which interest groups attempt to assert their influence on the policy-making process. Interest groups are large organization that hire people to apply pressure at all aspects involving policy. Lobbyists are experts in their fields with scientific data to back up their claims, so when they testify to congress and write legislation it is very persuasive. -Electioneering: to actively take part in the activities of an election campaign. 82

83 LINKAGE INSTITUTIONS INTEREST GROUPS SUCCESSFUL INTEREST GROUPS ITEMS S DIFFERENT MEASUREMENTS FACTORS THAT OFTEN CONTRIBUTE TO SUCCESS -The group s ability to get its issues on the public agenda. -Winning key pieces of legislation Congress. -Successful implementation of laws -Winning key lawsuits in court. -Backing successful candidates. - Leaders : Must be inspiring, persuasive, and attract new members. - Partons & Funding : Providing start up funds to pay for advertising, litigating, and lobbying. -Committed members: Leaders at top, then workers, then due paying members (that do not do much else). All groups provide some collective good: something of value like money, a tax write-off, a good feeling, or a better environment that can not be withheld from a nonmember. -Free rider problem : Potential members fail to join a group because they can get the benefit, or collective good, sought by the group without contributing the effort. REGULATING LOBBYISTS ITEM UNREGULATED PERIOD THE FEDERAL REGULATION OF LOBBYING ACT (1946) THE LOBBYING DISCLOSURE ACT OF 1995 HONEST LEADERSHIP AND OPEN GOVERNMENT ACT OF 2007 For the first 150 years of our nation s history, federal lobbying practices went unregulated. This required anyone hired to lobby any member of Congress to register and file quarterly financial reports. For years very few lobbyists actually filed any reports. Defined a lobbyist anyone who devotes at least 20 percent of a client s or employer s time to lobbying activities. Also it required: 1) register with the clerk of the House and the secretary of the Senate 2) report their clients and issues and the agency or house they lobbied 3) estimate the amount they are paid by each client (by ,890 lobbyists were registered and they spend $4 million on lobby both chambers) -ban on gifts -tougher disclosure requirements -longer time limits on moving from federal government to the private lobbying sector. 83

84 LINKAGE INSTITUTIONS INTEREST GROUPS MAJOR INTEREST GROUPS (ALSO REGISTERED AS LOBBIES) INTEREST GROUP AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP) AMERICAN BAR ASSOCIATION (ABA) AMERICAN CIVIL LIBERTIES UNION (ACLU) CHAMBER OF COMMERCE COMMON CAUSE AMERICAN-ISRAEL PUBLIC AFFAIRS COMMITTEE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS (AFL-CIO) EAGLE FORUM EARTH FIRST! HERITAGE FOUNDATION LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) MOTHERS AGAINST DRUNK DRIVING (MADD) THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP) NATIONAL RIFLE ASSOCIATION (NRA) NATIONAL RIGHT TO LIFE COMMITTEE NATIONAL ORGANIZATION FOR WOMEN (NOW) PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (PETA) PROMISE KEEPERS SIERRA CLUB citizen over 55 influences on issues like Social Security and prescription drugs represents the legal community legal experts focuses on civil rights and civil liberties represent the business community all across the nation lobbies for liberal causes and open, accountable government support for Jewish communities and Israel headed labor movement and worker rights for decades advocates for family values issues and laissez-faire economics radical environmental group & controversial violent protests lobbies in favor of reducing the federal bureaucracy (less gov) defends the civil rights of Hispanic citizens influences changes in state law concerning penalties for driving under the influence of alcohol advocates for African American civil rights focuses on the 2nd amendment rights (anti-big government) seeks to make abortion illegal supports women s right & abortion rights advocates for animal rights represents evangelical Christians and conservative views environmental group focuses on conservation issues maintaining clean air and water standards 84

85 MASS MEDIA 85

86 TYPES OF MEDIA MEDIA TYPE AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS MASS MEDIA PRINT MEDIA RADIO NEWS (BROADCAST MEDIA) TELEVISION NEWS (BROADCAST MEDIA) INTERNET (THE NEW MEDIA) -Local Newspapers (Ex: Las Vegas Sun) & National Magazines (Ex: Time Magazine) - yellow journalism : newspaper publishing (late 19th century) featured sensationalized and oversimplified news coverage. - muckraking : (early 20th century) journalism concerned with reforming government and business conduct. FDR use to inform Americans directly with fireside chats. Invention of television made it less popular. 12% of Americans reported getting their news from talk radio in By 2005 it was up to 22% of Americans. This media is currently used much more by conservatives. Most homes had televisions by the 1960 s. In 2007, 65% of Americans claimed to get their news from television whereas only 27% read newspapers. C-SPAN AND C-SPAN 2 cover Congress. Nightly and weekly news programs inform viewers on events. Saturday Night Live and the Daily Show entertain and inform viewers. In 2007, 29% of American claimed to receive news from the Internet which was up from 9% in (Examples: blogs, news websites, and social media) -Mass media: the entire array of organizations through which information is collected and disseminated to the general public. -News media: media providing the public with new information about subjects of public interest. FUNCTIONS OF THE MEDIA FUNCTION GATEKEEPER SCOREKEEPER WATCHDOG SHORT DECIDING WHAT MAKES THE NEWS REPORTING SUCCESSES & FAILURES REPORT SCANDALS & CORRUPTION LONG Producer, anchors,editors, and writers set the news agenda. They have to decide what is news worthy. There is not enough air time or space to give all the news that happened. They have to pick and choose. If the American people are aware of something the government is more likely to get involved. The media tracks political successes and failures. During campaign season they update their readers and viewers on the success of the competing candidates (AKA: Horse race journalism ). Scorekeeping does continue onward after the election is over judging and reporting on opinion polls of sitting presidents. Reporters look for corruption, scandal, or inefficiency. The media has an obligation to report american abuses and mistakes of its officials. 86

87 MEDIA INFLUENCE AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS MASS MEDIA POSSIBLE EFFECTS IGNORANT PEOPLE EXOTIC TOPICS AGENDA SETTING FRAMING INDIRECT Reporting can sway those who are uncommitted and have not strong opinion in the first place. The media is likely to have a greater impact on topics far removed from the lives and experiences of readers and viewers. News organizations can influence what we think about, even if they cannot determine what we think. The process by which a news organization defines a political issue and consequently affects opinion on the issue. (Example: A ku klux klan story could be framed as a civil rights story exercising the freedom of speech, or it could be framed as a law and order story in which they were disturbing the peace. Both stories would interpreted very differently by the audience) The media has the power to indirectly influence the way the public views politicians and government. (Example: Presidential elections are often related to the voters assessment to the economy. So if the news chose not to highlight the bad economy for a while the sitting president might do better) Media effects: The influence of news sources on public opinion. GOVERNMENT S RELATIONSHIP WITH THE MEDIA BRANCH OF GOVERNMENT PRESIDENTS (EXECUTIVE BRANCH) CONGRESS (LEGISLATIVE BRANCH) COURTS (JUDICIAL BRANCH) - Bully pulpit : a stage from which a president can persuade the public who then would persuade Congress. -Press Secretaries hold (almost daily) press conferences in which they have rehearsed answers to likely questions. -This briefing room has 60 reporters to cover the president daily and another 2,000 have White House press credentials. The president's communication team can alter or revoke press credentials or seating assignments to discipline hostile reporters. - Roll Call and The Hill are two notable papers that cover Congress. -In the late 1970 s, C-SPAN (Cable-Satellite Public Affairs Network) which is a privately funded, nonprofit public service. (C-SPAN 2 came in 1986 to cover Senate at same time). Cameras are generally not allowed in federal court, which is why we see drawings of people on the stand on the news. There are reporters covering these stories and they do go into court to view the proceedings. They are often seen reporting from outside the courthouse. 87

88 FREEDOM OF PRESS ITEM AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS MASS MEDIA PRIOR RESTRAINT ANONYMOUS SOURCES LIBEL & SLANDER REGULATING AIRWAVES CORPORATE VS. PUBLIC MEDIA In New York Times v. United States (1971) the Supreme Court assured that the haty cry of national security does not justify censorship in advance and that the government does not have to power of prior restraint. In Branzburg v. Hayes (1972) the Supreme Court ruled that knowledge a reporter collects is everyman s evidence and cannot be legally withheld. Some States have created shield laws to protect journalists from this, but federally there is not law. If a publication or broadcast lies about an individual and defames them. That individual has the right to sue the publican or reporter. The Federal Communications Commission (FCC) regulates electronic media. It currently commissions licenses to stations, assures equal time to political candidates, balanced coverage of controversial issues, facilitates non commercial public broadcasts, prevented rigged game shows, and assured decency on radio and television. -In the late 1960 s Congress passed the Corporation for Public Broadcasting Act which created the Corporation for Public Broadcasting (CPB) to develop noncommerical television and radio. It subsidizes a TV Network, Public Broadcasting Service (PBS) and a radio network, National Public Radio (NPR). -In 1996, Telecommunications Act deregulated ownership and allowed large corporations to purchase more media outlets. The first amendment allows for the freedom of the press. Anyone can print anything, but the government can punish the publishing of improper, mischievous, or illegal material. MEDIA BIAS BIAS IN FAVOR OF LIBERALS Network Evening News PBS Newshour CNN MSNBC BIAS IN FAVOR OR CONSERVATIVES Fox News Majority of talk radio shows There is a lot of data about negative reporting on candidate coverage. There is definitely biases in the media. In the 2008 presidential election only 9% of the stories examined issues positions and candidate qualifications. 88

89 UNIT 5: GOVERNMENT INSTITUTIONS MAIN TOPICS CONGRESS THE PRESIDENCY THE BUREAUCRACY THE JUDICIAL 89

90 CONGRESS 90

91 CONGRESSIONAL POWERS AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS EXPRESSED (ENUMERATED) POWERS IMPLIED POWERS NON-LEGISLATIVE POWERS Description: Powers that are actually written out in Article I of the Constitution. Powers that congress is implied to have to help them carry out expressed powers. Powers that are found in the Constitution which give Congress powers that do not relate to making laws. Reasoning: Stated in Constitution Supreme Court declared in McCullough v Maryland that the necessary and proper clause (Elastic Clause) gave Congress the right to have implied powers if they helped carry out expressed powers. Stated in Constitution Examples: Tax Spend Coin Money Borrow Money Set Bankruptcy Laws Regulate Interstate Commerce Regulate International Trade Declare War Raise & Support Armed Forces Make Naturalization Laws Establish a Postal System Protect against copyright infringement Fix weights & measures acquire, manage, and sell federal lands Create tax laws & punish evaders Use tax revenues to fund welfare, public schools, health and housing programs Establish the Federal Reserve System of banks Regulate & limit immigration Draft Americans into military Establish a minimum wage To ban discrimination To pass laws protecting the disabled. To regulate banking To prohibit mail fraud & obstruction of the mails) To bar shipping of certain items through mail Investigative information to become informed (House & Senate) Propose Amendments (⅔ House and Senate) If no one wins 270 of electoral votes, pick the President (House) and Vice President (Senate) Impeachment (bring charges) (House) & convict (Senate) Confirm appointments & treaties (Senate) -Most implied powers are justified (according to Supreme Court) as needed to carry out the expressed Commerce Power of Congress. 91

92 GOVERNMENT INSTITUTIONS CONGRESS KEY DIFFERENCES BETWEEN THE HOUSE AND SENATE HOUSE OF REPRESENTATIVES SENATE Total Members State Representation Membership Qualifications Terms (Unlimited) Based on population (census determines apportionment ) Must be at least 25 Citizen for 7 years Resident of the State 2 Years Equality (2 per State) Must be at least 30 Citizen for 9 years Resident of the State 6 Years (Continuous Body: ⅓ up for reelection every two years) Elected Always directly elected. Originally selected by State Legislature 17th Amendment (1913) changed it to direct elections. Exclusive Power Firing Public Officials Differences in Operation Changes in the Institution Initiate revenue bills Impeachment (indict or charge someone with a crime) More centralized Stronger leadership More rules ( Rules Committee: determines amendments & debate limits on floor for each bill) More impersonal Power distributed less evenly Members are highly specialized Emphasizes tax and revenue policy Power centralized in the Speaker s inner circle of advisers House procedures becoming more efficient Turnover is relatively high (although those seeking reelection almost always win) Consent on presidential appointments Approve treaties Tries impeached officials (choose to convict or fire) Less centralized Weakers leadership Less Rules (debate ends with unanimous consent or cloture ending a filibuster ) More personal Power distributed more evenly Members are generalists Emphasizes foreign policy Senate workload increasing and institution becoming more formal;; threat of filibusters more frequent than in past Becoming more difficult to pass legislation Turnover is moderate Bicameral: Two house legislature. In order for a bill to become law it must be passed by a majority of both houses. 92

93 GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL MEMBERS DEMOGRAPHICS CATEGORY HOUSE OF REP SENATE CONGRESS IN GENERAL Overall Trend in Demographics Quicker to Change Slower to Change Less Male & Less White over time. (Most Common is still: White Male, Middle Aged, Protestant, Lawyer) Median Net Worth (2008) Average Age (111th Congress) $75,000 $1.7 milion 56 years-old 62 years-old Richer than average Americans Older than average Americans Women (114th Congress) 80% Men 20% Women (20 Women: 14D 6R) 80% Men 20% Women (84 Women: 62D 22R) Most diverse thus far. Membership of women doubled by 95 and again by 05. Race (114th Congress) 79.1% White 10.1% Black 7.8% Hispanic 2.3% Asian 94% White 2% Black 3% Hispanic 1% Asian House is more diverse than the Senate. Religion (114th Congress) 57.7% Protestant (251) 31.7% Catholic (138) 4.4% Jewish (19) 2.1% Mormon (9) 1.1%Orthodox-Christian (5) 55% Protestant (55) 26% Catholic (26) 9% Jewish (9) 7% Mormon (7) 2% Non Religious (2) Generally become less Protestant over time. Education (2008) 399 of 435 (92%) are college graduates. 97 out of 100 (97%) are college graduates. Much more education than the general public (over ⅔ of both houses hold advanced degrees) Political Party (114th Congress) 188 Democrat 246 Republican 1 Vacant 44 Democrat 54 Republican 2 Other -Congress is more polarized than American public. (Majority party shifts frequently since WW2) 93

94 GOVERNMENT INSTITUTIONS CONGRESS ADVANTAGES OF INCUMBENCY ADVANTAGE Name Recognition Campaign Costs Franking Pork Projects & Claims of Credit Seniority Powers Party Support Lobby Support After years of media exposure, undecided voters often select a candidate whose name is familiar to them. Members of Congress have access to many groups that fund races, and senators are often privately wealthy enough to finance their campaigns. Free communication with the home constituents throughout a term helps with name recognition and sharing about pork. (Legally, they could mail you everyday for free) Local jobs and contracts help build local support, and members of Congress are not shy about reminding their constituents about the source of benefits. As leaders get more influential position, voters feel that they gain power in Congress as well. They hesitate to start over with a new face. Party organizations are reluctant to turn on loyal members, who are also proven winners. Groups that give money to exert influence are reluctant to gamble on lesser-known outsiders. - Incumbents: A person seeking reelection for office. (They already have the job, just want another term) - Marginal District : Close election, generally win by less than 55%. - Safe District: Incumbents win by 55% or more. -Political Parties often focus time and resources trying to win marginal districts. - Pork-barrel legislation (makes up 2.5% of national spending) give tangible benefits (highways, post office) to constituents in hope of gaining votes. - Pork : nickname for those tangible benefits -Sidenote on Pork: Impossible to remove from Congress because you cannot tell if a member is getting a bridge for a district because they need pork or maybe that district or State really needs that bridge. Also some feel they need to be able to deal like this so they do not resort to bribery. - Earmarks : money that appropriation bill designates for specific projects in certain districts or States. 94

95 CONGRESSIONAL LEADERSHIP AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS HOUSE OF REPRESENTATIVES SENATE ROLE ROLE P R E S I D I N G O F F I C E R Speaker of the House The presiding officer of the House. (Most powerful position in the House) President of the Senate President Pro Tempore The Vice President of the United States. (Only votes to break a tie so they are never really there) Presiding Officer if VP is not there. (They are not as powerful as Speakers so they often allow junior members to preside for them) P R E S I D I N G O F F I C E R S P A R T Y O F F I C E R S Majority Leader Majority Whip Minority Leader Minority Whip The leader of the party controlling the most seats. Tries to advance party goals. (2nd most powerful position in the House) Serves as a liaison between the party s leadership and rank-and-file members. (Assist party leaders by staying in contact with party members to see how they plan to vote) The leader of the party controlling the 2nd most seats. Tries to advance party goals. Serves as a liaison between the party s leadership and rank-and-file members. (Assist party leaders by staying in contact with party members to see how they plan to vote) Majority Leader Majority Whip Minority Leader Minority Whip The leader of the party controlling the most seats. Tries to advance party goals (Most powerful position in Senate) Serves as a liaison between the party s leadership and rank-and-file members. (Assist party leaders by staying in contact with party members to see how they plan to vote) The leader of the party controlling the 2nd most seats. Tries to advance party goals. Serves as a liaison between the party s leadership and rank-and-file members. (Assist party leaders by staying in contact with party members to see how they plan to vote) P A R T Y O F F I C E R S -Congressional leaders are elected by Party Caucuses ( or Party Conference): A formal gathering of all party members. - Majority party : The political party in each house of Congress with the most members. - Minority party: The political party in each house of Congress with the second most members. -Overall trend of decentralization of congressional leadership since mid 20th century. Thus individual members are seen as more powerful. 95

96 GOVERNMENT INSTITUTIONS CONGRESS THEORIES ON CONGRESSIONAL VOTING THEORY REPRESENTATIONAL (DELEGATE) ORGANIZATIONAL (PARTISAN) ATTITUDINAL (TRUSTEE) They vote to please their constituents. - Constituents : people who voted the member into office They vote to please their party leaders and colleagues. - Logrolling : vote trading They vote based on their own judgement. - Politico : When a congress member regularly alternates between all three theories due to circumstance. -Most members vote attitudinally or organizationally unless a majority of constituents opinions are known and they are paying attention. INFLUENCING CONGRESS INFLUENCED BY Political Party Constituents Colleagues & Caucuses Interest Groups use of Lobbyists Interest Groups use of Political Action Committees (PAC s) Staff Members Congressional Agencies The President Independent Agencies & Executive Agencies Overall priorities for legislation are created, and committee memberships are determined. People back home may not vote their members back for another term if they disagree with Congress s output. These can be critical sources of media or campaign support. Pressure is applied for loyal votes and the advancement of their group s goals. Thier access to information, staff members, and campaign contributions helps influence bills and their content. They control votes through pressure and campaign fund access. The level of expertise from staff members on issues can guided Congress s votes. Their reports and recommendations could alter opinions of Congressional members. Media access, public support, leadership, and the setting of national priorities affects Congress s work. Vast bureaucracies control the way issues are addressed, the way rules are administered, and the way laws are enforced. 96

97 GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL COMMITTEES TYPE OF COMMITTEE EXAMPLE STANDING SELECT (SPECIAL) JOINT CONFERENCE Permanent: (A committee that is there from one congress to another) Temporary: (Appointed for a specific purpose) Members are from both the House and the Senate. (To stop duplication of work) A joint committee that creates compromise bills (reconcile differences) Senate Finance Committee Senate Select Committee of Presidential Campaign Activities Joint Committee on Taxation IMPORTANT CONGRESSIONAL COMMITTEES HOUSE OF REPRESENTATIVES SENATE NAME FUNCTION NAME FUNCTION Appropriations Federal expenditures are controlled here. Appropriations Federal discretionary spending programs are set. Budget Oversight of government spending. Budget Oversight of government agencies and spending is done. Rules Debate rules, bill sequence, and rules of amendments for floor action are set. Finance Taxation legislation, social security. Ways & Means Taxation legislation, social security. Foreign Relations Policy debates and treaty votes are main duties. Judiciary Look into impeachment resolutions and make recommendation to entire House. Judiciary Judges and justices are questioned and possibly confirmed. 97

98 HOUSE RULES COMMITTEE RULE AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS CLOSED RULE MODIFIED CLOSED RULE (RESTRICTIVE RULE) SPECIAL RULE OPEN RULE MODIFIED OPEN RULE Strict time limit for debate. Does not allow amendments. Allows Some Amendments (Usually can only add amendments to certain portions of the bill) Sets guidelines time for debate and for amendments process. Allows more time for Debate Allows Amendments Stricter time for Debate (than open rule permits) Allows Amendments BYPASSING THE RULES COMMITTEE: 1) A member can move that the rules be suspended, which requires two-thirds vote 2) A discharge petition can be filed 3) The House can use the Calendar Wednesday procedure (committee can bring up any bill, but must be done in one day) LEGISLATIVE COMMITTEE OPTIONS ON BILLS COMMITTEE ACTION RECOMMENDATION AMEND REJECTION SUBSTITUTION PIGEONHOLE Recommend the bill is passed by the entire house of Congress. Amend or change the bill to their liking before recommending it to Congress. -Also known as during markup: They are rewriting the bill Vote to kill the bill. Substitute an entirely new bill. (Like if they received a pro-abortion bill, the committee could report to Congress a bill that was anti-abortion) The bill is ignored and never acted on. (Happens to majority of bills) - Multiple Referral : bill goes to several committees simultaneously. Sequential referral : Send bill to second committee after first is done. -Most bills deserve their fate of dying in committee. However, if people in Congress are upset that a bill is stalled in committee for 30 days (or 7 days in the Rule Committee) a discharge petition to blast the bill onto the floor. - Discharge petition procedure: Majority (218) members sign a discharge petition, the committee has 7 days to report the bill, if not any member (on 2nd & 4th monday of each month) can call for motion to be brought to the floor, if majority agrees the bill is immediately brought to the floor. -Discharge petitions overall are rarely tried and usually fail. Also it is really only used in the House of Representatives due to Senate procedures for adding amendments to bills easily. - Subcommittees (there is like 150 between the 2 houses): Is a division of existing committee that is formed to address specific issues. They usually hold informational-gathering activities like public hearings or trips out of Washington to witness areas affected by legislation. - Rider: a bill that has amendments that do not directly relate to the main bill. Christmas Tree: a bill that has a lot of riders 98

99 GOVERNMENT INSTITUTIONS CONGRESS VOTING METHODS (DONE ON HOUSE & SENATE FLOOR) VOTING METHOD VOICE VOTE DIVISION VOTE (STANDING VOTE) TELLER VOTE ROLL-CALL VOTE Members shout yea in approval or nay in disapproval, permitting members to vote unanimously on bills. (They do not keep track of who voted for what) Members stand and are counted. (They do not keep track of who voted for what) Members pass between two tellers, the yeas first and the nays second. (Since 1971, the clerk will write down how members voted if 20 member request them to keep track) Members answer yea or nay (Can be down if ⅕ request) (Electronic voting system installed in 1973) -Quorum : minimum number of members must be present for business to be conducted. (218 for the House & 51 in Senate) - Committee of the Whole : In the House only, they need 100 members to form this super committee which debates & amends the bill. Then the entire House is called back to vote on yes or no on this newly changed bill. STAFF MEMBERS STAFF MEMBERS ROLE Serve the Constituents Assist in Creating Legislation Complete Routine Tasks Attempt to Influence Media Communicate with Lobbyists Communicate with other Staffers Each Congress member has staffers to help them of which ⅓ of them stay in local office to help their constituents answering mail, handling problems, sending out newsletters, and meeting with voters. Most Congress members serve on 2 committees and 7 subcommittees need help researching and writing legislation. Some staffers are more like secretaries or personal assistants in that they answer phones and pick up dry cleaning. They give information to reporters and act as sources to help their boss take credit for this new and important legislation. Meeting with Lobbyist to hear opinions and become informed takes a lot of time so staffers assist by taking meetings. Deals made regarding voting can be made by two staffers who do not actually get to vote. -Staffers have a lot of influence in how Congress members vote. They also have made Congress less collegial and more individual. A Congress member is surrounded by their staff and so they discuss business with other congress members less. 99

100 STAFF AGENCIES AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS STAFF AGENCY CONGRESSIONAL RESEARCH SERVICE (CRS) (Administered by Library of Congress) GOVERNMENT ACCOUNTABILITY OFFICE (GAO) CONGRESSIONAL BUDGET OFFICE (GBO) Created in Responds to a quarter of a million requests from Congress members for information. Conducts non-partisan studies of public issues and conducts major research projects for committees at the request of members. Prepares summaries and tracks progress of all bills introduced. Created in Independent Agency that audits financial expenditures of the executive branch and federal agencies. Set government standards for accounting. It provides a variety of legal opinions. It settles claims against the government. It conducts studies upon congressional request. Created in Evaluates the economic effect of different spending programs and to provide information on the cost of proposed policies. It is responsible for analyzing the president's budget and economic projections. Provides members with a valuable second opinion to use in budget debates. -Between congressional staffers and staff agencies Congress was actually the most rapidly growing bureaucracy in Washington until the 1990 s. BILLS & RESOLUTIONS ITEM BILL JOINT RESOLUTION CONCURRENT RESOLUTION SIMPLE RESOLUTION A proposed Law. ( Public bills: deals with everyone) ( Private bills: deals with specific, private, personal, or local matters) Requires approval of both houses & president (except constitutional amendments which needs no presidential approval. Both houses express an opinion. (Freedom Fries) (Not Law) This deals with procedure in the one house which passed it. 100

101 GOVERNMENT INSTITUTIONS CONGRESS HOW A BILL BECOMES A LAW LEGISLATIVE ACTION INTRODUCE BILL Only a Senator can propose in the Senate. Only a House member can propose in the House of Representatives. COMMITTEE ACTION They can pass, slightly change, substitute entirely or ignore. FLOOR ACTION Debate and Vote (MAYBE Amend, depends on Rules Committee rules in the House) BILL GOES TO OTHER HOUSE If it started in House then it must go to Senate or vice versa. COMMITTEE ACTION They can pass, slightly change, substitute entirely or ignore. FLOOR ACTION Debate and Vote (MAYBE Amend, depends on Rules Committee rules in the House) CONFERENCE COMMITTEE A type of Joint Committee that produces 1 compromise bill (when House & Senate produce 2 bills that are different from one another) BOTH HOUSES VOTE Conference committee changed bill again, but no bill goes to the President until a majority of both houses approve. APPROVED BILL GOES TO THE PRESIDENT PRESIDENTIAL ACTION TWO WAYS FOR PRESIDENT TO PASS IT Sign the bill into law If Congress is in session, wait 10 days and do nothing and the bill will pass. TWO WAYS FOR PRESIDENT TO STOP IT Veto bill (Attach a veto message saying why it was denied) (⅔ of Congress could override veto) Pocket Veto : If Congress it out of session, wait 10 days and do nothing and the bill will die. 101

102 CONGRESSIONAL CHECKS AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS IF THIS BRANCH DID THIS THEN CONGRESS COULD EXECUTIVE (President) EXECUTIVE (President) EXECUTIVE (Department of State) EXECUTIVE (Department of Health & Human Services) EXECUTIVE (Federal Communication Commission) EXECUTIVE (President) EXECUTIVE (President) SUPREME COURT Veto a bill appoint a judge or department head set up a treaty interpret or enforce a law in a way other than Congress intended Implements a major rule or regulation that Congress does not agree with commits treason, bribery, or other high crimes Send troops to France #freedomfries Repeatedly throws out laws as unconstitutional override veto with ⅔ vote of both houses approve or deny ratify or deny Oversight : They hold investigative hearings and have a program review to possibly: pass new legislation that alters activities or discretion refuse to appropriate funds abolish existing programs or agencies Congressional review : Congress has 60 days to disapprove (with presidential consent) impeach (House) and convict (Senate) War Powers Act 1973: President must notify Congress within 48 hours if our troops are sent to foreign soil. President must withdraw troops within 60 days unless Congress approves. Change the size of the Supreme Court Change the appellate jurisdiction Change the structure of the federal court system Change the judiciary budgets 102

103 THE PRESIDENCY 103

104 GOVERNMENT INSTITUTIONS PRESIDENCY QUALIFICATIONS FOR PRESIDENCY CONSTITUTIONAL QUALIFICATIONS COMMON CHARACTERISTICS OF OUR PRESIDENTS (THESE ARE NOT OFFICIAL QUALIFICATIONS) (ALSO PRESIDENTS HAVE BEEN ELECTED THAT DID NOT SHARE THESE CHARACTERISTICS) At least 35 years old Native born citizen Resident for 14 years Male European American Middle-Aged Wealthy Protestant Christian College Graduate Healthy Attractive (Some seem ugly to Meenan) Married Leadership or Military Skills Debates Well -Youngest elected were Teddy Roosevelt and JFK at age 43. Oldest were Harrison & Reagan in their 60 s. -Television had large impact on campaigns, now they need to look good (or presidential) and debate well. -There are only 3 qualifications. Legally they are no other reasons to exclude someone from running for President. PRESIDENTIAL BENEFITS BENEFITS Live in mansion (You know, the White House) Salary of $400,000 annually Expense account of $50,000 Travel expenses of $100,000 A pension on retirement equal to cabinet member Secret Service protection (guaranteed for 10 years after term)a White House staff of over 400 people Vacation home: Camp David Personal airplane: Air Force One Personal chef Personal doctor PRESIDENTIAL ELECTIONS TWO MAIN PHASES NOMINATIONS GENERAL ELECTION Candidates try to win a party s nomination. There are caucuses and primaries held in the States where citizens of both parties vote for their pick. Each party has set a number of delegates a candidate must receive in order to win the party nomination. Electoral College: Electors (each state has same number as Senators and House Members) of each state select the President. Our votes determine how our State's Electors will vote. The candidate that receives at least 270 Electoral Votes wins 104

105 GOVERNMENT INSTITUTIONS PRESIDENCY PERSONALITY EXPANDS THE POWER OF THE PRESIDENCY PRESIDENT WHAT THEY DONE DID ANDREW JACKSON ABRAHAM LINCOLN THEODORE ROOSEVELT WOODROW WILSON FRANKLIN DELANO ROOSEVELT COLD WAR & THROUGHOUT 1990 S Military man with headstrong demeanor Served in House and Senate Used veto 12 times (more than all predecessors combined) Opposed the National Bank Led the Southern Expedition that evacuated Native Americans Popular among farmers and workers in an age of expanded suffrage Generally he assumed sweeping presidential powers (breaking constitution provisions) after the South seceded in order to save the union: Assembled the militia Enlarged the Army and Navy beyond congressional appropriation Suspended habeas corpus : people can explain to Court why they should not be detained. Arrested disloyal people Asserted right to proclaim martial law behind the lines Arrested people without a warrant Seized property Suppressed newspapers Brash forward manner earned him respect Rough rider with military experience in the Spanish American War. Progressive actions for environmental conservation and against corporate giants Speak softly and carry a big stick His stewardship theory: belief that President can do anything unless the Constitution says otherwise Progressive policies included 8 hour work day and to prvent child labor abuses He led the country into World War I and was seen as successful He became sick and could not get his post war plans accomplished (like getting Senate to ratify the League of Nations) and finished his term as invalid. New Deal policies fundamentally changed the role of government (minimum wage, social security, public works) He moved to pack the Supreme Court with supporters Mobilized a nation during World War II Relocated Japanese Americans in the name of security 1974 in peacetime created Central Intelligence Agency to spy overseas to anticipate problems Overthrow leaders and replace with more favorable ones 105

106 GOVERNMENT INSTITUTIONS PRESIDENCY CONSTITUTIONAL AMENDMENTS DEFINING THE PRESIDENCY AMENDMENT 12TH AMENDMENT (1804) Electors vote for President and Vice President. (Problem arose due to political parties running two candidates in 1800 when Jefferson & Burr tied) 20TH AMENDMENT (1933) Inauguration date moved from March 4 to January ND AMENDMENT (1951) 23RD AMENDMENT (1961) Limits a president s tenure to two terms or 10 years. (Only one did more than 2 terms, FDR was elected 4 times) (A vice president can take over for a president who has died for two years without it counting as one of their terms, hence they could serve = 10 years max) Awards electors to the District of Columbia (Washington, DC) (They currently have non voting members in Congress) 25TH AMENDMENT (1967) Addresses presidential vacancy and disability -Remember that amendments are proposed by ⅔ of Congress and approved by ¾ of State Legislatures. -A presidential term is four years as stated in Article 2 of Constitution (this is not really on any chart because, Come on! This is AP! PRESIDENTIAL POWERS TYPE OF POWER STRAIGHT FORWARD COMPLICATED NUANCE EXECUTIVE POWERS DIPLOMATIC/ MILITARY POWERS LEGISLATIVE POWERS JUDICIAL POWERS - Executive order : a directive, rule, or regulation that has the effect of law (used to carry out laws) (Also known as Ordinance Power from Constitution & Acts of Congress) -Appoint top officials to agencies and departments -Make treaty (with Senate approval) -Executive Agreements (no approval needed from Congress) -Power of Recognition (decides if countries exist) -Commander in chief -Signs and Vetoes bills -Appoints Judges -Clemency Powers -Presidents can remove officials that were appointed except from commissions (because they are supposed to be more removed from politics) - War Powers Act (1973) : 1) President must report entering another nation to Congress within 48 hours 2) Congress must approve extending past 60 days 3) Congress can pass concurrent resolution to end combat -Attempts to influence Congress members (& public support) to pass legislation (State of the Union Address, bully pulpit) -Presidents generally pardon criminals near end of last term 106

107 PRESIDENTIAL ROLES ROLE AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY IN CONSTITUTION OF ROLES/POWERS Chief Legislator Chief Diplomat Commander in Chief Chief of State Chief Magistrate Chief Executive Chief Administrator Chief Citizen Chief of Party Art 2 Sec 3 (Art I, Sec 7) Art 2 Sec 2 Clause 2 Art 2 Sec 2 Clause 1 Art 2 Sec 3 Art 2 Sec 2 Clause 1 Art 2 Sec 1 & 3 Art 2 Sec 3 NOPE NOPE Persuades citizens & law-makers to support bills with bully pulpit : (When presidents take advantage of the prestige and visibility of the presidency to mobilize the American people) Signs or vetoes legislation Appoints diplomats & ambassadors (Senate confirms) Creates Treaties (Senate confirms) Creates Executive Agreements ( An agreement between two nations that does not require Senate approval) Power of Recognition : The president decides if other nations are nations. In charge of the nation s military However, Only Congress can declare war Also limited by the War Power Act of 1973 (Must alert Congress of military action within 48 hours. Congress can vote to approve or disapprove within 60 days) (Some argue this Act is unconstitutional) Ceremonial head of government. (Acts as a symbol leader of the country, host officials from other nations) -Clemency powers for federal crimes: Reprieve : to postpone punishment Pardon : to forgive for crime (no punishment) Commute: to reduce a punishment Amnesty: to pardon an entire group of law violators The head of the executive branch. (Appoints diplomats, judges, and agency heads with Senate Confirmation) Director of the bureaucracy (2.7 million civilians work to carry out laws Congress creates, spending trillions) President should look out for all american citizens, not just the majority. Presidents are the most famous/powerful person in their political party. (Hence they are considered a leader) -Many books will merge chief executive and chief administrator as one job, they may refer to either job title, it is way annoying. -President could convene congress. Not important now because Congress now sits in year-round sessions. 107

108 GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTS OPTIONS FOR BILLS IF CONGRESS PASSES A BILL AND THE PRESIDENT THEN HE/SHE CAN APPROVES OF BILL DISAPPROVES OF BILL Sign the bill into law. Do nothing and the bill will become law (BUT ONLY If Congress is in session) Veto or refuse to sign the bill (Attach a veto message declaring why they refuse to sign the bill into law) Pocket Veto: Do nothing and the bill will NOT become law (BUT ONLY if Congress is out of session) PRESIDENTS POWER TO SAY NO POWER EFFECTIVENESS Veto Executive Privilege Impoundment of Funds Signing Statements - Veto message: signs a statement and sends to Congress explaining why they didn t like the bill enough to sign into law. - Pocket Veto: Doing nothing to a bill for 10 days while Congress it out of session. - Line item Veto: vetoing part of spending bill while approving the rest ( Enhanced Rescission existed in 1996, very similar, but Supreme Court says it was unconstitutional. Essentially means that a President does not have to divulge information that was shared at meetings in the White House. When a president does not spend money that Congress has appropriated. (Presidents have been doing this since Jefferson) They are used to express presidential attitudes about law, to tell the executive branch how to implement it, or to express belief a law is unconstitutional. -Substantial Power -2,500 Bills were vetoed between Washington & Clinton. -Only 4 percent were overridden. -Threat of veto is powerful. United States V. Nixon (1974), the Supreme Court decided that executive privilege does exist especially for military matters, but this does not excuse a President from judicial action under all circumstances. Budget Reform Act of 1974 states that a President must spend money that Congress appropriates. Congress must approve delay or not spending $. Supreme Court has allowed signing statements to clarify the unclear legislative intent of law, it has never given a clear verdict about constitutional significance. 108

109 GOVERNMENT INSTITUTIONS PRESIDENCY THE OFFICE OF THE PRESIDENT OVERALL EXAMPLES WHITE HOUSE OFFICE THE EXECUTIVE OFFICE OF THE PRESIDENT THE CABINET INDEPENDENT AGENCIES President s closest assistants with offices in the White House. The president can pick whoever they want for the jobs. Agencies report to the President and perform staff services for but are not located in the White House. The president picks top officials but the Senate must confirm them. The heads of the federal departments. The president picks but the Senate must confirm. Independent Executive Agencies: Functions much like Cabinet but are smaller. Independent Regulatory Commissions: Regulate aspects of economy. Largely beyond the reach of President. Government Corporations: Carry out business like activities in order to provide service. Staffers in include: Press secretary, chief of staff, chief legal counsel, congressional liaisons, national security advisor Office of Management and Budget The National Security Council Council of Economic Affairs Secretary of State Secretary of Treasury Secretary of Defense Attorney General Environmental Protection Agency Federal Reserve System Federal Communications Commission Federal Deposit Insurance Corporation U.S. Postal Service Amtrak - Staff Agencies service in a support capacity by offering advice and assistance. - Line Agencies actually perform the tasks for which the organization exists. -The president is the head of the bureaucracy which essentially is the agencies and departments that make up the executive branch which has the primary function of enforcing laws created by Congress. 109

110 GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL MANAGEMENT STYLES MANAGEMENT STYLE Pyramid Circular Ad Hoc Rigid top-down approach that features the President at the top of the pyramid. Chief of staff is next in line, followed by department heads and then the lesser offices. (Critics argue this system can lead to a president being isolated as they can be cut off of information as the Chief of Staff acts as a gatekeeper) This style is like a large wheel with many spokes. The president is the wheel s hub while the principal officers are at the many points along the rim. (Critics argue that this open communication can give staffers too much access to the president resulting in a groupthink) Groups (subordinates, cabinet officers, committees, and tasks forces) report directly to the president. (Critics argue that this system is disorganized and out of control) -Presidents create a management style that reflects their persona and their operation. A president s experience, personality, and chosen appointees help to determine White House character and management style. WHITE HOUSE OFFICE STAFF POSITIONS Chief of Staff Chief Legal Counsel Communications Staff Congressional Liaisons National Security Adviser They are responsible for the smooth operation of the White House, acting as a gatekeeper for the President. Some do the firing, clear up misstatements and corrects errors. This job exists because the Attorney General is busy managing a department with more than 100,000 people. Available to give President advice on constitutionality of program ideas Reviews legislation, treaties or executive agreements and pardon recommendations Press secretary: expresses presidents opinions Also speechwriters & public relations experts. A team to draft bills and assist in gaining support in Congress for the legislation the President wants. This person oversees the National Security Council. They coordinate information coming from the CIA, the military, and the State Department. -Some books describe the White House office as the nerve system of the Executive Office of the President. 110

111 GOVERNMENT INSTITUTIONS PRESIDENCY EXECUTIVE OFFICE OF THE PRESIDENT OFFICE Office of Management and Budget National Security Council Council of Economic Advisers Office of U.S. Trade Representation Assemble and analyze the figures that into the budget the President submits to Congress Studies organization and operations of executive branch Helps the President write executive orders Consists of the president s principal advisers on matters of national security, defense, intelligence, and war. (Today has 250 people working as support) Assists the president in preparing an annual economic report for Congress. Assesses federal government spending Negotiates treaties regarding international commerce. Connects with business interests and works to formulate international law. VICE PRESIDENTS THE POINT OF THE VICE PRESIDENT BALANCE THE TICKET PRESIDE OVER SENATE SERVE AT DISCRETION OF PRESIDENT OH NO, THE PRESIDENT IS DEAD! Presidents like to choose a running mate, during the campaign that will please a region of the United States to help them gain support. The Vice President is technically the presiding officer in the Senate. They vote only if there is a tie. They are usually not in the Senate chamber. Some Presidents really like their vice presidents. They put them on tasks forces and invite them to be on the National Security Council. Some do not like them or have them do anything. The Vice President is next in line if anything happens to the President. (They also serve as acting president if they go into surgery or something) 111

112 GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL LINE OF SUCCESSION WHAT HAPPENS... THEN THIS PERSON TAKES OVER IF PRESIDENT DIES? IF ONLY THE VICE PRESIDENT DIES? IF A LOT OF PEOPLE START GETTING ASSASSINATED? (HERE IS THE WHOLE LIST) The Vice President becomes President. The President picks someone and Congress confirms. This the line of succession (passed in 1947): Vice President Speaker of the House President Pro tempore of the Senate Secretary of State Secretary of Treasury Secretary of Defense Attorney General Secretary of the Interior Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health and Human Services Secretary of Housing and Urban Development Secretary of Transportation Secretary of Energy Secretary of Education Secretary of Veterans Affair Secretary of Homeland Security -What if all 19 people get assassinated? I don t know, anarchy??? -The line of Succession starts with VP, then top leaders in Congress, and then ends with the secretaries of the departments in order of creation. -So far 8 Presidents have died in office from illness or assassination. -So when Nixon was about to resign, his VP quit. Then Nixon picked Ford to be Vice President. Then Nixon quit. Thus Ford picked another VP after becoming President. (Sidenote: He pardoned Nixon) THE FIRST LADY THE LADY Edith Bolling Galt Wilson Eleanor Roosevelt Hillary Clinton WHAT THEY DID When her husband was paralyzed she became his surrogate and decided who could see him. She wrote for a national paper, traveled and lectured. Later appointed for the United Nations. Started on task force for Healthcare. After it did not pass she took on less strenuous and divisive jobs. -Some first ladies are seen as more powerful than others. But modern first ladies are supposed to take on at least on cause and act as spokesperson for it. They have their own office and communications team to help them utilize the media. 112

113 GOVERNMENT INSTITUTIONS PRESIDENCY DIVIDED GOVERNMENT PARTY CONTROL EFFECT UNIFIED GOVERNMENT DIVIDED GOVERNMENT The same party controls the White House and both houses of Congress. One party controls the White House and another party controls one or both houses of Congress. Just because one party controls both does not really mean that legislation will pass easily. There are different factions within a party. Gridlock stops only the most costly or polarizing legislation. 18 out of 28 congressional elections from have produced divided government. -Some political scientists argue that gridlock is a good thing. THE PRESIDENT AS A POLICY MAKER CATEGORY PROPOSING LEGISLATION BUDGET PROCESS EXECUTIVE ORDER The President must get people to agree with him/her regarding policy issues so their ideas can become law. (These people include the politicians inside Washington, D.C., politicians outside Washington, D.C., and the general public) The President (with help of Office of Management and Budget) submits a budget to Congress. But Congress has complete power to fund it. Congress creates appropriation bill to pay for programs and to carry out laws. A rule or regulation issued by the President that has the effect of law. Some are issued to help clarify or implement legislation enacted by congress, other executive orders have the effect of making new policy. -To gain support for legislation that the President wants, he/she will often try to mobilize the American People. Thus Congress members will do what the President wants because their constituents demand it. The Bully Pulpit : is when presidents use the prestige and visibility of the office to gain public support for their policy programs. -Popularity of a president does make a difference regarding how effective they can persuade the public. -Executive Orders can be seen as unconstitutional by Supreme Court, like any government action. 113

114 GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL PROGRAM RESTRAINT TYPE OF RESTRAINT ADVERSE REACTION TIME RESTRAINT UNEXPECTED CRISIS BUDGET RESTRAINT The public may dislike the president s program ideas. Presidents work an average of 90 hours a week but they can still only get so much accomplished. Many groups want attention. No President plans on 9/11 or recession to take place during their presidency but it happens. They have to deal with issues they have not chosen. Congress has the final say on spending bills (appropriations). 114

115 THE BUREAUCRACY 115

116 GOVERNMENT INSTITUTIONS BUREAUCRACY FEATURES OF A BUREAUCRACY FEATURE Hierarchical Authority Job Specialization Formalized Rules Structure in which one person at the top is in charge and there are subsequent levels with less power. People are experts in particular fields. There is system for hiring and firing each bureaucrat. - Bureaucracy: a large complex administrative structures that handles the everyday business of an organization. -The bureaucracy is sometimes referred to as the fourth branch of our government. It is really departments and agencies that are part of the executive branch, headed by the President, that carries out the laws that Congress passes. -Our bureaucracy has grown over time, especially with the New Deal during the Great Depression. SPOILS SYSTEM TO MERIT SYSTEM SYSTEM GENERAL SPECIFIC WITH TERMS Spoils System Merit System Friends & supporters get jobs Qualified people get jobs because due to their education and/or experience. This system existed in the United States, legally starting in 1820 with the Tenure Office Act. The new president could fire the old president's appointments and select friends that helped get them elected. Congress passed the Pendleton Civil Service Act in 1833 to prevent the constant rewarding of party members. This included written exams for application and created the bipartisan Civil Service Commission to oversee the process. This coincided with specialization needed to regulate an economy during the Industrial period. In 1939 and 1940 Congress passed the Hatch Act which prohibited federal workers from being directly - To the victor belongs the spoils Andrew Jackson liked the spoils system. -In 1881, Charles Guiteau tried to persuade President Garfield for job. After Garfield refused, he shot him to death. The renewed reformers desire for government jobs to be given based on merit, skill, and experience -In 1939 & 1940 Congress passed the Hatch Act which prohibited federal workers from being directly involved with campaigns. This interfered with first amendment. Now they can express opinions but they cannot use their influence of their position on elections. - Bureaucrat is generally referred to an appointed official. They are selected by President and confirmed by the Senate. Only top government positions are selected by this. Most go through the Civil Service Commision. Other bureaucrats include anyone in the executive branch (including bureaucracy) that carry out some decision or apply some law (administrators, lawyers, doctors, educators, plumbers, carpenters, drivers). -The competitive service includes jobs that require some type of exam or competitive hiring process. -The excepted service include all the the others, providing hiring options when the competitive service is not practical. 116

117 GOVERNMENT INSTITUTIONS BUREAUCRACY BUREAUCRACY GENERAL OVERVIEW OVERALL EXAMPLES WHITE HOUSE OFFICE THE EXECUTIVE OFFICE OF THE PRESIDENT THE CABINET INDEPENDENT AGENCIES President s closest assistants with offices in the White House. The president can pick whoever they want for the jobs. Agencies report to the President and perform staff services for but are not located in the White House. The president picks top officials but the Senate must confirm them. The heads of the federal departments. The president picks but the Senate must confirm. Independent Executive Agencies: Functions much like Cabinet but are smaller. Independent Regulatory Commissions: Regulate aspects of economy. Government Corporations: Carry out business like activities in order to provide service. Staffers in include: Press secretary, chief of staff, chief legal counsel, congressional liaisons, national security advisor Office of Management and Budget The National Security Council Council of Economic Affairs Secretary of State Secretary of Treasury Secretary of Defense Attorney General Environmental Protection Agency Federal Reserve System Federal Communications Commission Federal Deposit Insurance Corporation U.S. Postal Service Amtrak - Staff Agencies service in a support capacity by offering advice and assistance. - Line Agencies actually perform the tasks for which the organization exists. -The president is the head of the bureaucracy which essentially is the agencies and departments that make up the executive branch which has the primary function of enforcing laws created by Congress. 117

118 WHITE HOUSE OFFICE STAFF POSITIONS AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY Chief of Staff Chief Legal Counsel Communications Staff Congressional Liaisons National Security Adviser They are responsible for the smooth operation of the White House, acting as a gatekeeper for the President. Some do the firing, clear up misstatements and corrects errors. This job exists because the Attorney General is busy managing a department with more than 100,000 people. Available to give President advice on constitutionality of program ideas Reviews legislation, treaties or executive agreements and pardon recommendations Press secretary: expresses presidents opinions Also speechwriters & public relations experts. A team to draft bills and assist in gaining support in Congress for the legislation the President wants. This person oversees the National Security Council. They coordinate information coming from the CIA, the military, and the State Department. -Some books describe the White House office as the nerve system of the Executive Office of the President. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE Office of Management and Budget National Security Council Council of Economic Advisers Office of U.S. Trade Representation Assemble and analyze the figures that into the budget the President submits to Congress Studies organization and operations of executive branch Helps the President write executive orders Consists of the president s principal advisers on matters of national security, defense, intelligence, and war. (Today has 250 people working as support) Assists the president in preparing an annual economic report for Congress. Assesses federal government spending Negotiates treaties regarding international commerce. Connects with business interests and works to formulate international law. 118

119 THE DEPARTMENTS DEPARTMENT AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY PRINCIPAL FUNCTION IMPORTANT AGENCIES State (1789) Treasury (1789) Defense (1789) Justice (1870) Interior (1849) Agriculture (1889) Commerce (1903) Labor (1913) Health & Human Services (1953) Housing and Urban Development (1965) Transportation (1967) -Advises the President of foreign policy -Negotiates agreements with foreign countries -Represents the United States abroad & international organizations -Produces coins and bill -Collects Taxes -Borrows money & manages public debts -Provides military forces to deter war and provides security -Prosecutes those accused of violating federal law -Enforces federal laws & operates federal prisons -Represents the U.S. in court -Manages public lands, indian lands, and national parks -Manages nation's forests -Inspects food -Conducts census -Promotes international trade -Grants patents & registers trademarks -Enforces federal laws on minimum wage, maximum hours, and working conditions -Enforces pure food and drug laws -Administers Medicare & Medicaid -Conducts programs to prevent and control disease -Operates home-financing & public housing programs -Administers programs to promote and regulate highways, mass transit, railroads, waterway, air travel, and oil and gas pipelines -Foreign Service -Bureau of Diplomatic Security -Bureau of Consular Affairs -Internal Revenue Service (IRS) -US Mint -Bureau of Public Debt -Joint Chiefs of Staff -Army -Navy -Air Force -Federal Bureau of Investigation (FBI) -Bureau of Prisons -National Park Service -Bureau of Land Management -Food & Safety Inspection Service -Farm service Agency -Bureau of Census -Patent and Trademark Office -Economic Development Admin -Occupational Safety and Health Administration (OSHA) -Bureau of Labor Statistics -Food and Drug Administration -Centers for Disease Control and Prevention -Office of Fair Housing and Equal Opportunity -Office of Housing -Federal Highway Admin -Maritime Administration Energy (1977) -Promotes production of renewable energy, fossil fuels & nuclear energy -Regional Power Admin Education (1979) -Administers federal aid to schools & conducts educational research -Office of Postsecondary Ed. Veterans Affair (1988) Homeland Security (2002) -Administers benefits, pensions, and medical programs to veterans -Emergency preparedness and response for chemical, biological, radiological & nuclear defense -Veteran Benefits Administration -National Cemetery Admin -Coast Guard -U.S. Citizenship and Immigration Services The cabinet : is a nickname for the 15 departments that advise the President. They are considered important and have numerous agency within them. Department is the only name or label of importance. The other terms (like: commission, administration, bureau) are fancy names for agency. 119

120 INDEPENDENT AGENCIES TYPE OF AGENCY AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY EXAMPLES Environmental Protection Agency (EPA) EXAMPLE S Writes and enforces regulations to protect the environment. Independent Executive Agency Functions much like Cabinet but are smaller General Services Administration (GSA) National Aeronautics and Space Administration (NASA) The construction and operation of public buildings Scientific research and in charge of civilian space program Independent Regulatory Commissions Regulate aspects of economy Quasi Legislative (create regulations) (discretionary authority) Quasi Judicial (Decide disputes over regulations) Largely beyond the reach of President The Federal Reserve Board (The Fed) Securities and Exchange Commission Federal Communications Commission Supervises banking system;; regulates money supply, use of credit in economy Regulates securities, other financial markets, investment companies, brokers Regulates interstate and foreign communications by radio, television, satellites, and cable Government Corporations Carry out business like activities in order to provide service President does have more control U.S. Postal Service Federal Deposit Insurance Corporation (FDIC) National Railroad Passenger Corporation (Amtrak) Deliver mail Insure bank deposits Provide intercity rail passenger service -Independent Agencies are located outside of the Departments. They are separate because 1)They do not fit into one well 2) They are outside to protect them from partisan and pressure politics 3) on accident. -There are over 150 agencies outside of the cabinet departments. They were all created by Congress with a purpose. 120

121 GOVERNMENT INSTITUTIONS BUREAUCRACY BUREAUCRATIC PATHOLOGIES PATHOLOGY RED TAPE CONFLICT DUPLICATION IMPERIALISM WASTE Complex rules and procedures leads to fills and wait times before action can take place. Agencies work at cross-purposes with one another Two agencies may be given the same tasks from Congress. Agencies grow without regard to benefits or costs. Some agencies spend more than they need. (They are not worried about keeping costs down because it is just the government s money) -When people are concerned with government waste they put in rules and procedures to monitor it, thus creating red tape. if they want to speed up time and efficiency they have to cut rules and procedures which leads to waste. Paradox!!! IRON TRIANGLES Congressional Committee Interest Group Agency in Bureaucracy Iron Triangles is the name for when the three members (listed above) stabilized and helped one another. Issue Networks: include members of iron triangle and lawyers, consultants, academics, public relations specialists,and the courts. They have broken the power of Iron Triangles. (Pluralism Elite View: in which competitive groups stop each other from obtaining constant control in the government) 121

122 GOVERNMENT INSTITUTIONS BUREAUCRACY BUREAUCRACY MAKES POLICY TERM ALSO KNOWN AS Rule Making Administrative Adjudication Quasi-Legislative Power Quasi-Judicial Power -Many agencies can make Regulations (which have force of law) (like the FCC makes regulations on what cannot be said on the air) -Bureaucratic agency settle disputes (much like a court) (such as when FCC ruled Timberlake broke rules on TV) - Administrative Discretion (or discretionary authority): The ability to make choices concerning the best way to implement congressional or executive intentions. This can be done on formal and informal levels. IRS agents make decisions during personal audits and Department of Justice lawyers make decisions about whether or not prosecute someone. CONTROL OF BUREAUCRACY BRANCH EXECUTIVE CONTROL CONGRESSIONAL CONTROL JUDICIAL CONTROL Appoint and remove agency heads Reorganize the bureaucracy (with congressional approval) Make changes in the agency s annual budget proposals (Congress has the final say) Issue executive orders All of these are referred to as oversight function : Pass Legislation that alters activities Abolish existing programs Refuse to appropriate certain funds Investigate bureaucratic activities Force bureaucrats to testify at hearings Influence presidential appointments for top bureaucratic positions. Write legislation to limit the bureaucracy's discretion Rule on whether bureaucrats have acted within the law and require policy changes to comply with law Force the bureaucracy to respect the rights of individuals through hearings and other proceedings. Rule on constitutionality of all challenge rules and regulations. The bureaucracy is usually considered part of the executive branch. But some agencies are far removed from the President. So it is also considered the fourth branch of our government. That is why this chart is showing some power the president possesses over the bureaucracy. 122

123 THE JUDICIARY 123

124 GOVERNMENT INSTITUTIONS JUDICIARY CLASSIFICATION OF LEGAL ISSUES TYPE OF CASE CIVIL CASES CRIMINAL CASES covers issues of claims, suits, contracts, and licenses. covers illegal actions or wrongful acts and can result in fines and imprisonment KINDS OF LAW TYPE OF LAW COMMON LAW STATUTORY LAW ADMINISTRATIVE LAW CONSTITUTIONAL LAW laws that are derived from precedents set by courts of the past. laws created by legislative bodies. laws that agencies create as rules and regulations that concern their area of influence. laws created due to the interpretation of the constitution established under the judicial review. DUAL COURT SYSTEM FEDERAL LAW Exclusive Jurisdiction: Federal civil disputes are heard in specific federal courts or federal district courts Federal criminal cases are usually heard in federal district courts Examples of exclusive jurisdiction: -Citizens of one state sue citizens of another -Counterfeiting U.S. currency -Kidnapping -Mail fraud -Interstate trade conflicts -National banking conflicts -Conflicts with federal officials, agencies and federal government -U.S. Border issues -Crossing state lines to commit crimes -Denying civil rights of citizens -Conflicts or patents & copyrights STATE LAW State Jurisdiction: Most civil disputes between citizens are settle in state civil courts Most criminal disputes in the United States are settled in state criminal courts Appeals from state courts are sent to state supreme courts (usually thought of as court as last resort ) - Jurisdiction is the right to hear a case. -States have the power to create their own laws so they need their own court system. The national government has the power to create laws so they also need their own court system. - Concurrent Resolution is when Federal Law and State Law overlap. If a citizen commits a crime that violates both federal and state laws, the case might be heard by either level of the judicial system. 124

125 LAYERS OF FEDERAL COURTS LAYER AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY TYPE OF JURISDICTION OF JURISDICTION District Courts Courts of Appeals (Circuit Courts) Supreme Court Original Jurisdiction Appellate Jurisdiction Original Jurisdiction Appellate Jurisdiction There are 94 district courts in across the United States. This is where a case is heard for the first time. Created by Article III of Constitution. There are 12 courts of appeals. A previously tried case to check for fairness. Created by Congress. Some cases can be appealed to Supreme Court which has the final say. Created by Congress. -Over 90% of the Supreme Court's cases are ones being reviewed (appellate jurisdiction) but there are some cases are being heard for the first time in the Supreme Court (original jurisdiction). Cases that may start with the Supreme Court are ones that involve ambassadors, public ministers or state suing other states. In modern times, such cases are usually limited to state disputes concerning boundaries, water, or mineral rights. -The Supreme Court was established by Article III of the U.S. Constitution. Congress was given the power to create any inferior courts. -The Judiciary Act of 1789 established the basic three-tiered structure of the federal court system. CONSTITUTIONAL COURTS VERSUS LEGISLATIVE COURTS CONSTITUTIONAL COURTS SPECIAL LEGISLATIVE COURTS Justification Obtain Judgeship Term Directly or indirectly mentioned in Constitution Appointed by President confirmed by the Senate For life (good behavior) Needed for specific purpose Appointed by President confirmed by the Senate Typically a 15 year fixed term (Some courts need such a qualified expert they have no term) -Congress creates inferior courts (constitutional ) and special legislative courts. When in doubt on test just pick Congress :) -Sovereign Immunity: The United States has to grant you permission to sue them. Oddly enough, they allow it often. It goes through the U.S. Court of Claims. 125

126 JUDICIAL REVIEW AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY CASE SPECIFICS IMPACT Marbury v. Madison (1803) Jefferson became president but did not deliver the official John Adam s appointments papers for judges. Marbury sued and wanted a congressional law interpreted to give him his appointment. The Supreme Court said that Congressional law was unconstitutional. The Supreme Court established it had the power to: interpret the words of the Constitution to decide if government actions are constitutional ( Judicial Review ) This case established Judicial Review. Even though the Constitution does not actually say that the Supreme Court has this power. PROCESS OF INCORPORATION (SELECTIVE INCORPORATION) DEFINITION OF SELECTIVE INCORPORATION CONSTITUTIONAL JUSTIFICATION PORTIONS OF BILL OF RIGHTS INCORPORATED -Free speech -Free press -Freedom of religion -Assembly & petition rights -Association 1st Amendment The process through which the Supreme Court applies portions of the bill of rights to protect individuals from the State government. The 14th Amendment requires all states to provide all citizens with due process and equal protection. -Search & seizure -Exclusion of evidence -Self incrimination -Double jeopardy -Confront witness -Impartial jury -Speedy trial -Right to counsel -public trial 4th Amendment 5th Amendment 6th Amendment -prohibition of cruel and unusual punishment 8th Amendment -Prior to the 14th Amendment (1868), dual federalism dominated views where State laws were for States and national law was for the nation. Under this, the Bill of Rights only protected citizens from the National Government. The 14th Amendment changed all this. Now individual liberties can be protected from State governments too. -Also privacy has been incorporated even though it is not listed in Bill of Rights (it is implied and interpreted from several amendment cases) 126

127 GOVERNMENT INSTITUTIONS JUDICIARY HEARING AND DECIDING SUPREME COURT CASES STEPS IN THE PROCESS DECIDING TO TAKE THE CASE ORAL ARGUMENTS THE CONFERENCE AND VOTE WRITING OPINIONS The petitioner files a petition for certiorari : a brief arguing why the lower court erred. The Rule of Four : 4 justices (out of 9) must agree to listen a case. The court then issues a writ of certiorari to the lower court informing it of the Court s decision and to request the full trial transcript. Each side gets 30 minutes to make their case and this included the time they get to answer questions from the Justices. The justices meet once a week (during argument scheduled weeks) to discuss the case and attempt to influence each other. The decision is made on the case by a simple majority vote (usually 5 out of 9). Justices write the reasoning for their opinions. This is important because of stare decisis meaning let the decision stand. Future court decisions are based on precedent set on this decision. -In one year the Supreme Court has to decide how many out of the 9,600 cases were filed. About 75 were heard. It helps if: the federal government is the party asking for review, the case involves conflict among the courts of appeals, the case presents a civil rights or civil liberties question, the case involves the ideological or policy preferences of the justices, or the case has a significant social or political interest, as evidence by the present interest group amicus curiae briefs. - In forma pauperis : Filings by prisoners for a new trial (In the form or a pauper) OUTSIDE INFLUENCE INFLUENCE AMICUS CURIAE BRIEFS HARVARD LAW AND YALE LAW REVIEWS LIVING IN SOCIETY CLERKS Interest groups and concerned individual are allowed to send in briefs explaining their viewpoints and reasoning for a case they are interested in. Most justices went ivy-league law schools. They read items published from their alma mater. They are people. They have opinionated family and friends. They read and watch the news. They are aware of public opinion. Assist justices by handling briefs and analyzing important reports. They work closely with and influence the justices. 127

128 GOVERNMENT INSTITUTIONS JUDICIARY THE GOVERNMENT S INFLUENCE ON THE JUDICIARY BRANCH PART OF BRANCH LEGISLATIVE EXECUTIVE Senate House of Representatives & the Senate House of Representatives & the Senate House of Representatives & the Senate House of Representatives & the Senate President Department of Justice Department of Justice The Senate Confirms the presidential appointments for the judiciary. Senatorial Courtesy : is when the Senate from the State with the federal judge opening recommends judges to the White House. House impeaches judge (charged with crime) and Senate Convicts (decides if they guilty) Pay judges salaries Sets jurisdiction of legislative courts Creates new seats as needed. (Double # of seats in last 50 years) The President appoints judges (with Senate approval) Attorney General (and people in office) prosecute federal criminals and defends the United States in court. Solicitor general (appointed by President, confirmed by Senate) determines which cases to appeal the U.S. Supreme Court and represents the United States in the Supreme Court room. They also file amicus curiae briefs (friend of court brief) for cases not involving the United States. 128

129 SUPREME COURT OPINIONS OPINION AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY Per Curiam Opinion Brief, unsigned court opinion. Opinion of the Court Majority opinion belief (this is the law of the land). Concurring Opinion Dissenting Opinion Justices write this if they agree with the Opinion of the Court but for different reasons. A justice writes this to explain why they disagree with the Opinion of the Court. ( These are used as justifications when people try to make the Supreme Court change its mind in the future) FIVE SUPREME COURT CASES LIKELY TO BE ON THE AP TEST CASE SIGNIFICANCE Marbury v. Madison, 1803 McCulloch v. Maryland, 1819 Gibbons v. Ogden, 1824 Gitlow v. New York, 1925 Brown v. Board of Education, 1954 Court establishes Judicial Review : The Court can now determine if government action violates the constitution or not. (case was about presidential appointments) Court decides that Congress has the right to implied powers (not written in Constitution) due to the necessary and proper clause, in order to carry out their expressed powers. (case was about Maryland taxing the national bank) Court says that only the National Government (Congress) has the power to regulate interstate commerce. (case was about issuing licenses for ports between New York and New Jersey) The court uses Selective Incorporation for the 1st time in order to protect individuals freedom of speech from State governments. ( case was about New York charged Gitlow for printing a communist manifesto) Court declared segregated schools were unconstitutional (case was about Brown had to walk past white school to attend color school that was inferior) 129

130 CHIEF JUSTICE ERAS CHIEF JUSTICE AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY PERIOD OF TIME YEARS GENERAL John Marshall years Helped establish many court powers Roger Taney years Favored state power Earl Warren years Major civil right changes and cases William Rehnquist years Major conservative influence Chief Justices have no extra powers. The chief justice organizes hearings and guides discussion but all justices have equal power. Any 5 justices in agreement (or more) determine the majority decision. The chief justice writes the majority opinion if they are in the majority. THE JUDICIARY AND THE POLITICAL SPECTRUM POLITICAL SPECTRUM POSITION THEY TEND TO SUPPORT JUDICIAL LIBERALS JUDICIAL CONSERVATIVES Broad interpretation of the Elastic Clause (Necessary and Proper Clause) Broad interpretation of civil rights acts and laws Pro-choice decisions Strict limits on the separation of church and state Affirmative action programs to end discrimination Stricter limits on the use of the Commerce Clause Limited uses of necessary and proper More local and state control of civil rights questions Pro-life decisions Community standards for free speech and obscenity Affirmative action as a form of reverse discrimination Community limits to lifestyle choices -Justices and judges are people. They have political interests and agendas. Presidents nominate judges and justices with political beliefs similar to their own. They tend to reflect the biases of the two major parties. -Judges are insulated from the public in that many serve for life and they are not elected. -Judges answer to the public in that they could be impeached and removed by Congress, their records of opinions and actions are used to determine if they should be appointed in the first place, and Congress can react to unpopular decision by leading the charge to amend the Constitution. -Generally judicial liberals favor a more open interpretation of the powers of the Constitution. Those who oppose that view are judicial conservatives. 130

131 GOVERNMENT INSTITUTIONS JUDICIARY APPROACH OF COURTS AS A POLICY MAKER JUDICIAL APPROACH JUDICIAL ACTIVISM JUDICIAL RESTRAINT When judges or courts make rulings that support a particular political agenda or have a direct affect on policy. Example: Brown v Topeka Board of Education, 1954 evidence of an instance in which judicial action can be needed. The belief that policy decisions should be left to the legislative and executive branches because the judicial branch's role is to interpret and apply the law, not to create it. -The Court exerts policy-making influence through Judicial Review, setting legal precedents, and overturning the decisions of lower courts. - Stare decisis : latin for let the decision stand is based on the custom of making judicial rulings based on decisions made by earlier, similar cases. However the Supreme Court has overruled its own precedent on many occasions. 131

132 UNIT 6: PUBLIC POLICY MAIN TOPICS DOMESTIC POLICY FOREIGN & MILITARY POLICY 132