AP Government Review I. Constitutional Underpinnings Goals of the US Constitution Create a strong union of states Establish justice Preserve Domestic Order Provide for the common defense Promote general welfare Promote individual freedoms 1
Constitution Remedies the Articles of Confederation Creates Federalism A balance between the national & state governments National government could tax Congress could regulate commerce between states & foreign nations Article II created an executive department to enforce laws Article III created national judiciary w/ Supreme Court & lower courts established by Congress Constitution Remedies the Articles of Confederation part 2 Only national government could coin money States are represented based on population in House of Reps & equally in Senate Bills need a simple majority in House & Senate 2/3 of Congress & 3/4 of states are necessary to amend Constitution 2
Basic Principles of Constitution Limited government Popular sovereignty Separation of powers Checks & balances Federalism Amendments Constitution formally amended 27 times Please know all the amendments 1 st 10 amendments Bill of Rights 14 th, 17 th, 18 th, 19 th, 22 nd, 25 th, 26 th 3
Informal Amendments to Constitution Legislative action: Judiciary Act of 1789 Executive actions: Executive orders Judicial review: Marbury v. Madison Custom & usage: No 3 rd term for Presidents Federalism Delegated powers Expressed powers given to the national government Implied powers Powers that may be reasonably inferred from the Constitution (Necessary & Proper Clause) Inherent powers Powers that exist from the national government because the government is sovereign Concurrent powers Belong to both the states & national governments Reserved powers Powers that belong to the states (Amendment 10) 4
Federalism in Practice Interstate Relations Full faith & credit clause: states are required to recognize the laws & legal documents of other states Privileges & immunities clause: states are prohibited from unreasonably discriminating against residents of another state Extradition: states may return fugitives to states which they fled Interstate compacts: states may work together to solve regional problems National Supremacy Article IV Supremacy Clause McCulloch v. Maryland (1819) Federal law is supreme over state law Gibbons v. Ogden (1824) National supremacy over interstate commerce 5
Federalism Today Dual Federalism (1789-1932) Layer cake federalism: National & state have power within their own sphere of influence Cooperative Federalism (1932-1968) Marble cake federalism: National & state work together New Federalism (Nixon, Reagan, Bush 41) Devolution of national power to states Fiscal Federalism Grant in aid Money & resources provided by the national government to state & local projects & programs Categorical grants Grants that have specific purpose defined by law Block grants General grants which can be used for a variety of purposes Unfunded mandates Requirements which are imposed by the national government on the state & local governments 6
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Quiz AP Government Review II. Political Beliefs & Behaviors 9
Political Culture A set of beliefs & basic values shared by most citizens. Majority rule Free elections Equality in law Private property Individual freedoms Political Socialization Process in which citizens acquire a sense of political identity Family & home life Education Group affiliations (interest groups, labor unions) Demographic factors (age, sex, race, religion) Mass media Historical events 10
Public Opinion A collection of shared attitudes of many different people in matters relating to politics, public issues, or making of public policy. Measuring Public Opinion 1930 s George Gallup developed polling: Sampling Preparing valid questions Controlling how the poll is taken Analyzing & reporting results 11
Political Ideology A set of beliefs about politics & public policy that creates the structure for looking at government & public policy. Political Spectrum Radical: favor rapid, fundamental change in existing social, economic, political order Liberal: supports active government in promoting individual welfare & social rights Moderate: political ideology falls between liberal & conservative Conservative: promotes a limited government role in helping individuals, supports traditional lifestyle Reactionary: advocates a return to a previous state of affairs 12
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AP Government Review III. Political Parties Interest Groups Mass Media Political Parties An association of people who seek to control the government through common principle. Two Party System: There are several parties but only two major parties compete & dominate elections Minor Parties: generally have little to no impact on elections 14
What do Parties do? Recruit candidates Nominate & support candidates for office Educate the electorate Organize the government (majority vs. minority) Party Identification Ideology Income Race Religion Region of country Education Occupation Gender Family tradition Marital status 15
Why a Two Party System British heritage Federalist/Anti-Federalist Electoral system Election laws Electoral Dealignment & Realignment Dealignment: when significant number of voters no longer support a particular party Realignment: voting patterns shift & new coalitions form. Republicans (1860) Democrats (1932) 16
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Voting & Elections Political Participation Voting in elections Discussing politics & attending political meetings Forming interest groups & PACs Contacting public officials Contributing money to a candidate or political party Running for office Protesting government decisions 18
Issue or Policy Voting Direct Primary Allows citizens to nominate candidates Recall Is a special election initiated by petition to allow citizens to remove an official from office Referendum Allows citizens to vote directly on issues called propositions Initiative Allows voters to petition to propose issues to be decided by qualified voters Low Voter Turnout Voter turnout is higher for Presidential elections Lower turnout for midterm elections Lower when compared to other nations 19
Low Voter Turnout Expansion of the electorate (26 th Amendment) Failure of the political parties to mobilize voters No perceived differences between candidate or party Mistrust of the government Apathy Satisfaction with the way things are Lack of political efficacy Mobility of the electorate Registration process Types of Elections Primary Election: voters choose candidates from their party Closed primary: only voters who are registered in the party may vote to choose the candidate Open primary: voters may vote to choose the candidate of either party, whether they belong to that party or not Blanket primary: voters may vote for candidates of either party Runoff primary: when no candidate from a party receives a majority of the votes, the top two candidates face each other 20
Types of Elections General Election Voters get to choose from among all the candidates nominates by political parties or running as independents Electoral College President & Vice-President are chosen by the 538 electoral votes 435 districts 100 senators 3 Washington DC States use a winner take all method of assigning their electoral votes based on popular vote The candidate that receives a majority (270) is declared winner. If no winner is declared the House of Representatives chooses the President & the Senate chooses the Vice-President 21
Campaign Finance Federal Election Campaign Act (1971) Restricted Amount spent on campaign advertising Required disclosure of contributions & expenditures Federal Election Commission Enforces the FECA Created public financing for presidential candidates Buckley v. Valeo (1976) The Supreme Court ruled that spending limits established by the FECA were unconstitutional FRQs 22
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Interest Groups Raise awareness & stimulate interest in public affairs by educating their members & the public Represent membership, serving as a link between members & the government Provide information to the government Provide channels for political participation Types of Interest Groups Economic Interest Groups Labor Groups (AFL-CIO) Business Groups (Chamber of Commerce) Professional Groups (National Education Association) Agricultural Groups (National Farmer s Union) 25
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Quiz AP Government Review IV. The Legislative, Executive, & Judicial Branches 28
The Legislative Branch Congress Article I of the US Constitution creates a bicameral legislature consisting of the House of Representatives & the Senate The current structure was a result of the Connecticut or Great Compromise reached at the Constitutional Convention 29
House of Representatives Membership 435 members apportioned by population Term of Office 2 years; entire House elected every 2 years Qualifications At least 25 years old Citizen for 7 years Must live in state where district is located Constituencies smaller, by district Prestige Less prestige House of Representatives Getting Elected Apportionment: distribution among the states based on the population of each state Reapportionment: the redistribution of Congressional seats after the census determines changes in population distribution among the states Congressional districting: the drawing by state legislatures of congressional districts for those states with more than one representative Gerrymandering: drawing congressional districts to favor one political party or group over another 30
House of Representatives Leadership Speaker of the House Presiding officer & most powerful member Assigns bills to committee Controls floor debates Appoints party members to committees Majority Leader Assistant to the Speaker Helps plan party s legislative program Directs floor debates Minority Leader Major spokesperson for the minority party Organizes opposition to the majority party House of Representatives How a Bill becomes a Law A bill is introduced, numbered, & assigned to a committee The bill may be assigned to a subcommittee for further study The bill is returned to committee where it is approved or rejected The rules committee sets terms of debate for the bill The bill is debated by the House A vote is taken. Bills that pass go to the Senate Conference committee resolves any differences between House & Senate Bill Resolved bill is voted on in the House If approved, sent to the President 31
US Senate Membership: 100 members (2 from each state) Term of office: 6 years; staggered terms with one-third of the Senate elected every 2 years Qualifications: At least 30 years of age Citizen for 9 years Must live in state Constituencies: Larger, entire state Prestige: More prestige US Senate Getting Elected Members were originally chosen by the state legislatures in each state Since 1913, the 17 th Amendment allows the direct election of senators by the people of the state 32
US Senate Leadership US Vice President Presiding officer of the Senate. Cannot debate & only votes to break a tie President pro tempore Senior member of the majority party A ceremonial position Majority leader The most influential member of the Senate The majority party s spokesperson Minority leader Performs the same role as the House minority leader US Senate How a Bill becomes a Law A bill is introduced, numbered, & assigned to a committee The bill may be assigned to a subcommittee for further study The bill is returned to committee where it is approved or rejected No rules committee! The bill is debated by the Senate A vote is taken, where the bill is passed or defeated. Bills that pass the Senate are sent to the House Conference committee resolves any differences between House & Senate Bill Resolved bill is voted on in the Senate If approved, sent to the President 33
Congressional Override If the President vetoes the bill then it is returned to the Congress, where they may override the veto by a two-thirds vote in each house. Types of Committees Standing A permanent committee that deals with specific policy matters (agriculture, energy ) Select A temporary committee appointed for a specific purpose (Senate Watergate Committee) Joint Made up of members of both Houses (Joint Committee on the Library of Congress) Conference A temporary committee of members from both Houses, created to resolve differences in the House & Senate versions of the bill 34
Caucuses Informal groups formed by members of Congress who share a common purpose of goals Congressional Black Caucus Women s Caucus Democratic or Republican Caucus Roles of Members of Congress Policymaker Representative Constituent servant Committee member Politician/Party member 35
House of Representatives/Senate Incumbency Effect: the tendency for office holders to easily get reelected Name recognition Credit claiming (bringing positive results to the district or state) Casework for constituents (helped constituents solve problems) More visible to constituents Media exposure Fundraising abilities Experience in campaigning Voting record Powers of Congress Legislative Powers Expressed powers: Powers specifically granted to Congress, mostly found in Article I, Section 8 of the Constitution Implied powers: powers which may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18, necessary & proper Limitations of powers: power denied Congress in Article I, Section 9 & the 10 th Amendment 36
Powers of Congress Non-Legislative Powers Electoral powers: selection of the President by the House & Vice-President by the Senate upon the failure of the electoral college to achieve a majority vote Amendment powers: Congress may propose amendments by 2/3 votes of each house Impeachment: House may bring charges, or impeach, the President, Vie-President, or any civil officer by a simple majority Senate holds the trial & acts as a jury with a 2/3 vote needed to find guilt Executive powers of the Senate: Must approve appointees by the Executive Branch by a simple majority Must approve treaties by a 2/3 vote Investigation/oversight powers: investigate matters falling within the range of its legislative authority Legislative Tactics Caucuses: may form voting blocs Committee system Filibuster or Cloture: in the Senate only, unlimited debate in an attempt to stall action on a bill; cloture is the method by 60 votes to end a filibuster Pork barrel legislation: an attempt to provide funds & projects for a member s home state or district Logrolling: an attempt by members to gain support of other members in return for their support on the member s legislation 37
Legislative Tactics Riders: additions to legislation which generally have no connection to the legislation Amendments: additions or changes to the legislation which deal specifically with the legislation Lobbying: trying to influence members of Congress to support or reject legislation Conference committee: may affect the wording & therefore intent of the legislation Legislative veto: the rejection of a presidential or executive branch action by one or both houses of Congress, used mostly between 1932-1980. Declared unconstitutional in the 1983 case, Immigration & Naturalization Service v. Chada Influences on Congress Constituents Other lawmakers & staff Party influences President Lobbyists & interest groups 38
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President of the United States Article II of the Constitution establishes the many responsibilities & functions of the President Term & Tenure 4 year term 2 terms (10 year max) 22 nd Amendment President of the United States Formal Qualifications Natural born citizen At least 35 years old Resident of the US 14 years prior to election Informal, many presidential candidates share several characteristics Political or military experience Political acceptability Married White male Protestant Northern European ancestry 42
Succession & Disability The Constitution provides that if the President can no longer serve in office the Vice-President will carry out the powers & duties of the office 25 th Amendment The Vice-President becomes President if the office of the president becomes vacant The President will nominate a new Vice- President, with approval of a majority from both houses of Congress Impeachment & Removal The Constitution gives the House of Representatives the authority to bring charges against the President or Vice- President for Treason, Bribery, or other High Crimes & Misdemeanors. Once charges are brought the Senate holds the trial. The Chief Justice of the Supreme Court presides over the trial Conviction requires a 2/3 vote 43
Electoral College System 12 th Amendment An electoral college elects the President & Vice-President Each state chooses the number of electors equal to its number of members in the House of Representatives & Senate. In December, after the general election, the electors meet in their state capital to cast their ballots for president & vice-president. The electoral college then sends its ballots to the President of the US Senate where they are opened before a joint session of Congress To win a candidate needs a majority (270) If a majority is not reached the House votes on the top 3 candidates for President & the Senate votes on the top 2 candidates for Vice-President The Vice-Presidency Presides over the Senate, casting tiebreaking votes Help determine presidential disability under the 25 th Amendment & take over presidency if necessary Has the same formal qualifications as the President 44
Presidential Powers Executive powers Enforces laws, treaties, & court decisions Issues executive orders to carry out policies Appoints officials, removes officials Assumes emergency powers Presides over cabinet & executive branch Military powers Serves as commander in chief Has final decision making authority in matters of national & domestic defense Provides for domestic order Presidential Powers Legislative Powers Gives annual State of the Union message Issues annual budget & economic reports Signs or vetoes bills Proposes & influences legislation Calls for special sessions of Congress Diplomatic Powers Appoints ambassadors & other diplomats Negotiates treaties & executive agreements Meets with foreign leaders Accords diplomatic recognition to foreign governments Receives foreign dignitaries 45
Presidential Powers Judicial Powers Appoints members of the federal judiciary Grants reprieves, pardons, & amnesty Party Powers Leader of the party Chooses vice presidential nominee Strengthens the party by helping members get elected (coattails) Appoints party members to government positions (patronage) Influences policies & platform of party Limitations on Presidential Powers Congressional Checks Override presidential veto Power of the purse Power of impeachment Approval powers over appointees Legislation limiting the president s power (War Powers Act) Judicial Checks Judicial review of executive action Political checks Public opinion Media attention popularity 46
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The Bureaucracy The Bureaucracy A systematic way of organizing a complex & large administrative structure. Hierarchical authority: similar to a pyramid with the top having authority over those below Job specialization: each worker has defined duties & responsibilities, a division of labor among workers Formal rules: established regulations & procedures which must be followed 49
History & Growth Beginnings: standards for office included qualifications & political acceptability Spoils system: practice of giving offices & government favors to political supporters & friends Reform movement: competitive exams were tried & failed due to inadequate funding from Congress Pendleton Act: Civil Service Act of 1883, replaced the spoils system with a merit system Hatch Act of 1939: prohibits government employees from engaging in political activities while on duty Civil Service Reform Act of 1978: created the office of Personnel Management to recruit, train, & establish classifications & salaries for federal employed Organization The federal bureaucracy is divided into four basic types Cabinet departments (15 executive departments) Independent executive departments (NASA, Small Business Administration) Independent regulatory agencies (Securities & Exchange Commission, Federal Reserve Board) Government corporations (Tennessee Valley Authority, US Postal Service) 50
Influences on the Federal Bureaucracy Executive influences: appointing the right people, issuing executive orders, affecting the agency s budget Congressional influences: influencing appointments, affecting the agency s budget, holding hearings, rewriting legislation Iron triangles: alliances between bureaucratic agencies, congressional committees, & interest groups Executive Office of the President White House Office National Security Council Office of Management & Budget Office of Faith Based & Community Initiatives Office of National Drug Control Policy Office of Policy Development Council of economic Advisors Office of US trade Representative 51
Executive Departments State Treasury Defense Interior Justice Agriculture Commerce Labor Health & Human Services Housing & Urban Development Transportation Energy Education Veterans affairs Homeland Security FRQs 52
The Judicial Branch The Federal Court System The US has a dual court system of courts-a federal court system & the court system of the 50 states Article III of the Constitution states that there shall be a Supreme Court & that Congress may establish a system of inferior courts 53
Jurisdiction Original jurisdiction Lower courts have the authority to hear cases for the first time. District Court conducts trials, evidence is presented, & juries determine the outcome of the case Supreme Court has original jurisdiction in cases involving representatives of a foreign government, & certain types of cases where a state is a party Appellate jurisdiction Courts that hear reviews or appeals of decisions from the lower courts Court of Appeals Supreme Court Structure of the Judicial System District Courts Created by the Congress in the Judiciary Act of 1789. There are 94 District Courts Decide civil & criminal cases Court of Appeals Created by Congress in 1891 There are 13 US Court of Appeals Decide appeals from the District Courts Supreme Court Created by Article III of the Constitution Most of its cases are appeals from the US Court of Appeals & State Supreme Courts Has original & appellate jurisdiction 54
Judicial Selection The President appoints all federal judges with confirmation from the US Senate There are no formal qualifications Serve a life term Federal judges may be removed through impeachment Supreme Court Selection Presidents only make appointments to the Supreme Court if a vacancy occurs during their term of office When making appointments, Presidents often consider: Party affiliation Judicial philosophy Race, gender, religion, region Judicial experience Political ideology Acceptability 55
The Supreme Court at Work The term of the Supreme Court begins on the first Monday in October & generally lasts until June or July of the following year. Accepting Cases Cases that are accepted must pass the rule of four: four of the nine justices must agree to hear the case. Writ of certiorari: an order by the court directing the lower court to send up the records of a case for review Certificate: a lower court may ask the Supreme Court about a rule of law or procedures in specific cases 56
Briefs & Oral Arguments Once a case reaches the Supreme Court, lawyers for each party to the case file a written brief Written briefs include: detailed statements of the facts of the case supported by relevant facts & citations from previous cases Interested parties may be invited to submit amicus briefs (friends of the court) supporting or rejecting arguments of the case Oral arguments allow both sides 30 minutes to present their positions to the justices Writing Opinions Once the Supreme Court has made a decision in a case, the decision is explained in a written statement Majority opinion: a majority of the justices agree on the decision & its reasons Concurring opinion: a justice who agrees with the majority opinion but not the reasoning behind the decision Dissenting opinion: a justice or justices who disagree with the majority opinion Majority opinions become precedent in deciding future cases 57
Judicial Activism Holds that the court should play an active role in determining national policies The philosophy advocates applying the Constitution to social & political questions Judicial Restraint Holds that the court should avoid taking the initiative on social & political questions. Operating strictly within the limits of the Constitution 58
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Quiz AP Government Review V. Politics & Public Policymaking 60
Agenda-Setting Recognizing an issue as a problem which must be addressed as a part of the political agenda. Problems are brought to the political agenda by: Citizens Interest groups The Media Government Entities Formation/Adoption/ Implementation Formation: finding ways to solve the problems Adoption: adopting a plan of action to solve the problem; may require legislation Implementation: executing the plan of action by appropriate agency or agencies 61
Policy Evaluation Analysis of policy & its impact upon the problem Judging the effectiveness of policy Domestic Policy Crime Prevention: FBI, DEA, & ATF Education: States run education but since the creation of the Department of Education (1979) the Fed has used grants & vouchers as influence Energy: The study of alternative & renewable sources of fuel. Regulates nuclear waste. 62
Domestic Policy Health Care: Medicare (elderly), Medicaid (poor), CDC, VA, FDA Social Welfare: Social Security, Housing Programs, unemployment benefits Economic Policy Raising Revenue: income tax, cooperate tax, estate tax, customs Government Spending Discretionary Spending Defense, Education, Student Loans, Scientific Research, Environmental Clean-up, Law Enforcement, Disaster Aid, Foreign Aid Nondiscretionary Spending Interest of the national debt, social welfare programs 63
Economic Policy Federal Budget: Proposed each year (fiscal year is October 1 through September 30) Proposals Each federal agency must submit a budget request to the Office of Management & Budget. The President submits a budget proposal to Congress based on the OMB The Congress proposes its own budget based on the advise of the Congressional Budget Office Economic Policy The budget must be passed by Congress & signed by the President by September 15. Failure to pass a budget could lead to the federal government to shut down. 64
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AP Government Review VI. Civil Liberties & Civil Rights Civil Liberties Constitution Writ of habeas corpus: you must be brought before the court & informed of charges against you No bills of attainder: you cannot be punished without a trial No ex post facto laws: laws applied to acts committed before the laws passage are unconstitutional Trial by jury 67
Civil Liberties Bill of Rights Freedom of religion, speech, press, petition, & assembly No unreasonable search & seizure Protections against self-incrimination & double jeopardy Protections in criminal procedures Civil Liberties 14 th Amendment Provided for the expansion of the Bill of Rights to the states & local governments Incorporation Legislation Laws that set limits or boundaries on one person s rights over another person Courts Judicial review 68
Freedom of Religion Establishment Clause Congress cannot: Establish a national religion Favor one religion over another Tax citizens to support any one religion Freedom of Religion Establishment Clause Please know the following Supreme Court cases Engle v. Vitale Abington Township v. Schempp Lemon v. Kurtzman Minersville v. Gobitus West Virginia v. Barnette Wallace v. Jaffree 69
Freedom of Religion Free-Exercise Clause Guarantees the right to practice any religion or no religion at all Know these cases Reynolds v. United States Wisconsin v. Yoder Oregon v. Smith Church of the Lukumi Babalu Aye v. City of Hialeah Freedom of Speech Pure Speech: the most common form of speech, verbal speech Symbolic Speech: using actions or symbols to convey an idea Speech Plus: verbal & symbolic speech used together 70
Freedom of Speech Know these cases Abrams v. United States Schenck v. United States Gitlow v. New York Tinker v. Des Moines Texas v. Johnson Reno v. ACLU Freedom of the Press Know these cases Near v. Minnesota New York Times v. Sullivan New York Times v. United States Hustler v. Falwell Hazelwood School District v. Kuhlmeier 71
Freedom of Assembly The government is allowed to set limits on assembly to protect the rights & safety of others Dejonge v. Oregon Property Rights The due process clause of the 5 th & 14 th Amendments provide for the protection of private property by guaranteeing :life, liberty, or property, without due process of the law 72
Due Process Substantive due process Involves the policies of government or the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections Procedural due process The method of government action or how the law is carried out, according to established rules & procedures Right to Privacy The Constitution makes no mention of a right to privacy, however the Supreme Court has interpreted several rights that may fall under the category of privacy Griswold v. Connecticut Roe v. Wade 73
Fourth Amendment Search & Seizure Know these cases Wolf v. Colorado Mapp v. Ohio TLO v. New Jersey Weeks v. United States Katz v. United States Fifth Amendment Self-Incrimination Know this case Miranda v. Arizona 74
Sixth Amendment Right to an Attorney Know these cases Powell v. Alabama Gideon v. Wainwright Eighth Amendment Cruel & Unusual Punishments Know these cases Furman v. Georgia Gregg v. Georgia 75
Civil Rights Are the positive acts of government, designed to prevent discrimination & provide equality before the law The Equal Protection Clause of the 14 th Amendment prevents the states from discriminating against citizens. Civil Rights Movement 13 th Amendment abolished slavery 14 th Amendment defined citizenship & provided due process & equal protection 15 th Amendment provided that all males 21 & older could vote 24 th Amendment outlawed the poll tax in federal elections 76
Civil Rights Movement Black codes: state laws passed to keep freed slaves out of politics (literacy test, poll tax, registration tests) Civil Rights Act of 1876: outlawed racial segregation in public places Jim Crow Laws: created segregation in schools, public transportation, & hotels Plessy v. Ferguson: separate but equal facilities are constitutional Civil Rights Movement Executive Order 8802: Franklin Roosevelt banned racial discrimination in the federal government Executive Order 9981: Harry Truman ordered the desegregation of the military Brown v. Board of Education: overturned Plessy v. Ferguson, separate but equal is unconstitutional 77
Civil Rights Movement Civil Rights Act of 1964: prohibited discrimination in employment & in places of public accommodations Voting Rights Act of 1965: outlawed discriminatory tests in voter registration The Women s Movement 19 th Amendment gave women the right to vote Equal Pay Act of 1963: made it illegal to base a person s pay on their gender, race, religion, or national origin Equal Employment Opportunity Act of 1972 prohibited gender discrimination in hiring, firing, promotions, & pay 78
People with Disabilities The Rehabilitation Act of 1973 prohibited discrimination against people with disabilities in federal programs The Americans with Disabilities Act of 1990 forbids employers from discriminating against people with disabilities Affirmative Action A policy designed to correct the effects of past discrimination. University of California v. Bakke (1978): the court ruled that affirmative action was constitutional but that Bakke had been denied equal protection because the university used race as the sole criteria for admissions 79
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