Fundamental Principles of Democracy Direct Democracy citizens meet and vote directly on government decisions Representative Democracy (Republic) citizens choose officials who make decisions on government policy agna Carta (1215 the first ever attempt to limit the power of the !ritish "ing# guaranteed all people certain rights $nlightenment Philosophers !oc"e and Rousseau o Social Contract #$eory principle that people enter into a social contract with the government and allow to %e ruled o Consent o% t$e Governed & principle that there are no supreme rulers# all rulers depend on the approval of the people# when governments fail to protect rights the people have the right to change the government o 'atural Rig$ts & principle that all people are %orn with certain rights& life# li%erty# and property ('efferson changes property into pursuit of happiness Declaration o% (ndependence (homas 'efferson)s document %uilt on principles of *life# li%erty# and the pursuit of happiness+ consent of the governed# and social contract theory, -t also .ustified /merican revolution against $ngland Common Good & !elief in doing what)s %est for the nation overall Popular 0overeignty & !elief that the ultimate authority rests with the people 1a.ority 2ule & !elief that government is run %ased on the will of the ma.ority (he First 3overnment Articles o% Con%ederation 4eak association of states (states very independent 5o central e6ecutive power 5o federal power to ta6 citizens directly Federal government could raise an army# (%ut not pay for it# print money# declare war# and run the post office 7 out of 18 states were re9uired to vote to pass a law 4ith no strong central government supervision# states could get away with ta6ing and printing money# and making foreign treaties# 1 S$ays) Rebellion Farmer re%ellion in 1assachusetts 1:;<=1:;: protesting mortgage foreclosures and terri%le economy, 2e%ellion represented how weak the central government was# and terrified many /mericans >onstitutional De%ate >onstitutional >onvention meets in Philadelphia# 1:;: to write new constitution /ll delegates supported Representative Democracy (Republic) democracy where people elect representatives who pass laws 0upported three %ranches e6ecutive# legislative# and .udicial 0erious de%ate %etween Federalists vs, /nti=Federalists# 5orth vs, 0outh# !ig 0tates vs, 0mall 0tates over new government 5orth=0outh >ompromises *+, Compromise counted slaves as 8?5 of a person to give the south more representatives Connecticut Compromise (-icameralism) $sta%lished two e9ual %odies (@ouse of 2epresentatives and 0enate one %ased on population# one giving all states e9ual representation, (his was a compromise %etween %ig states (.irginia Plan and small states ('e/ 0ersey Plan over the format of the >ongress 1ederalists (@amilton# 1adison supported the >onstitution %ecause it gave power to a strong central government, Anti2%ederalists opposed the constitution %ecause they thought the national government would %ecome tyrannical and take power away from the states 1ederalist Papers & articles written %y 1adison# @amilton# and 'ay arguing for the constitution o 1ederalist Paper 345 & written %y 1adison# discusses importance of factions# factions are inevita%le# %ut factions are %est handled %y a large repu%lic, o 1ederalist Paper 3,4 & written %y 1adison# discusses importance of checks and %alances and the separation of powers in the constitution 4eaknesses in the /rticles of >onfederation @ow the >onstitution Fi6ed these Pro%lems >ongress could not ta6# it relied on contri%utions from states 5ational government had power to ta6 directly >ongress couldn)t regulate interstate trade (nterstate Commerce Clause gives >ongress interstate regulatory power 2 5o chief e6ecutive to enforce the law /rticle -- creates president who enforces the law 5o national .udiciary to handle state fights /rticle --- creates Supreme Court $ach state was given only one vote !icameral legislature represents states %oth %y population# and e9uality (he >onstitution of the Anited 0tates of /merica /rticle - Begislative !ranch /rticle -- $6ecutive !ranch /rticle --- 'udicial !ranch /rticle -C -nterstate relations /rticle C /mendment process Separation o% Po/ers $ach of the three %ranches has its own power and independence 1, Begislative !ranch Passes laws 2, $6ecutive !ranch $6ecutes laws 8, 'udicial !ranch -nterprets laws (this power comes from 0upreme >ourt >ase arbury vs6 adison set dogma of .udicial review# where the 0upreme >ourt may rule an act of the President or >ongress unconstitutional C$ec"s and -alances & $ach %ranch has some power over the others# %ut retains independence& Begislative $6ecutive 'udicial /pproves %udget Passes laws >an override veto >an impeach president# .udges /pproves appointments and treaties >onfirms .udges and ca%inet appointments >an propose laws >an veto laws >an call special sessions of congress >an appeal to pu%lic /ppoints officials and .udges >an pardon convicted felons -nterprets laws >an declare e6ecutive acts and legislative laws unconstitutional 1ederalism & 0eparation %etween powers of the Federal# 0tate# and Bocal governments 3 Con%ederacy & 0ystem of government in which the central government is very weak# and most of the true power lies in individual states Unitary System & 0ystem of government in which the central government is e6tremely powerful# and individual states have few powers Dual Federalism# aka *Bayer >ake+ Federalism (1:;7=1782 !elief that the state and national governments are supreme within their own sphere of influence >ooperative Federalism# aka *1ar%le >ake+ Federalism sharing powers %etween state and federal governments 1iscal 1ederalism & government)s patterns of spending# ta6ing# and providing grants to influence state and local governments o Grants2in2aid & money given from the federal government to the states o Categorical grants & federal grants for specific purposes (%uilding an airport o -loc" grants & %road grants from the federal government that give local?state governments a lot of freedom to spend money as they please without many strings attached, (he 7el%are Re%orm Act of 177< %egan transferring more authority %ack to the states through %lock grants o Revenue s$aring & federal sharing of a fi6ed percentage of its revenue with the states o andates & terms set %y the federal government that states must meet if they accept federal grants Devolution & process of returning power to the states# this %egan during 'e/ 1ederalism under presidents 5i6on# 2eagan# and !ush 1ederal Po/ers & $6press# -mplied# and -nherent powers & 1, $6press powers powers listed (enumerated in the constitution for the Federal government& go to war# raise an army# regulate interstate and foreign commerce# esta%lish post offices 2, -mplied powers !ased on necessary and proper clause (elastic clause) gives congress fle6i%ility to make laws necessary and proper for carrying out e6press powers# upheld in cCulloc$ v6 aryland 8, -nherent powers powers dealing with foreign policy not in constitution# %ut given to federal government 4 Federal Powers ($6pressed# -mplied# -nherent Federal and 0tate Powers (>oncurrent 0tate Powers (2eserved 2egulate interstate commerce >oin?print money Provide army Declare war $sta%lish federal courts 0et foreign policy 1ake all laws *necessary and proper+ Bevy ta6es 0pend for general welfare $nact and enforce laws 2egulate intrastate commerce $sta%lish local governments $sta%lish pu%lic schools /dminister elections $sta%lish licensing re9uirements Denied Po/ers & Powers e6plicitly denied to government& o suspending /rit o% $abeas corpus (%eing imprisoned without formal accusation o passing bills o% attainder& laws that declare a person to %e guilty o e8 post %acto la/s& *after the fact#+ laws that make an act illegal after it was performed Concurrent Po/ers (shared %y Federal and 0tate governments power to ta6 and spend# esta%lish courts# make laws Reserved to States (45 t$ amendment) & any power not denied nor given to federal government is reserved for state governments (create local governments Supremacy Clause & Federal law is superior to state law, (his came out of the court case cCulloc$ vs6 aryland# in which there was de%ate as to whether or not the !ank of the Anited 0tates had to pay 1aryland state ta6es, (he 0upreme >ourt ruled that %ecause the !ank of the A0 was 5/(-D5/B it did not have to follow 1aryland 0(/($ law, (his ruling overturned the idea of nulli%ication %y which states could override federal law (nterstate Commerce Clause 3ives Federal 3overnment authority to regulate all of interstate commerce, (his clause gives the federal 5 government authority to regulate %usinesses that go %etween state lines# and .ustifies many federal laws (>ivil 2ights /ct #a"e Care Clause president must enforce /BB laws passed %y congress 1ull 1ait$ and Credit states must honor laws and court rulings of other states Privileges and (mmunities re9uires states to e6tend same privileges and immunities to all citizens (even of other states -ill o% Rig$ts First 1E amendments to the >onstitution that guarantees individual and states) rights, (his was a concession the federalists made to the anti=federalists to ensure constitution would %e ratified o Amendment 4 freedom of speech# assem%ly# petition# religion# press o Amendment 9 & right to %ear arms o Amendment : & no unreasona%le searches and seizures o Amendment , & right to a trial# no dou%le .eopardy# individuals are not re9uired to testify against themselves o Amendment ; & right to a speedy# pu%lic# and impartial trial with lawyer o Amendment < & no e6cessive %ails or fines# no cruel and unusual policies o Amendment 45 & powers not given to the federal government or denied of the states are reserved to the states (states rights =o/ to Amend t$e Constitution 1, 2?8 of congress propose amendmentF8?G of states ratify it 2, 0tate convention called %y 2?8 of states propose amendmentsF8?G of states ratify (this method has only %een used once# 21 st amendment Unit #/o: Political Culture> -elie%s> and -e$aviors Ale8is de #oc?ueville & Frenchmen who visited /merica in the 1;EEHs and descri%ed the young democracy he saw Political Culture & a coherent way of thinking a%out how politics and the government ought to %e carried out o /mericans tend to support free enterprise with some limits o /mericans tend to %e committed to individual responsi%ility and economic individualism 6 o /mericans %elieve strongly in e9uality of opportunity# 5D( result o /mericans tend to %e particularly patriotic and aware of their rights o 2eligion tends to play a very influential role in determining an individual)s political views Political Sociali@ation & manner in which people develop their political views (family# friends# media# current government# education (deologies 1, Bi%eral large federal government involvement needed to provide for the people (welfare# new deal# great society 2, 0ocialist %elief in an e6tremely powerful state to protect people 8, >onservative %elief that limited government is necessary to grow strong economy# very pro=%usiness anti=regulation G, Bi%ertarianism %elief in very small government and e6treme focus on individual and %usiness rights# no regulation of industry People may %e li%erals?conservatives either economically or socially, Demograp$ics & characteristics of population on income# education# race# gender Demograp$ics trends & changes in the way people of a certain socio= economic %ackground vote (politicians follow these very closely o 4ho votesI 4hites vote more than %lacks, 2ich vote more than poor, 4omen vote more than men, Dld vote more than young, $ducated vote more than uneducated, o 4omen# %lacks# @ispanics# young people# %lue collar workers vote li%eral, 1en# wealthy whites# religious people# rural people vote conservative #$e Census & $very 1E years a count of the total population# different ethnic groups# religions# and how people vote Redistricting after every census the congressional districts are redrawn %ased on population Reapportionment state legislatures reapportion (resize state congressional districts after every census Gerrymandering & (he practice of redistricting in order to %enefit a specific party %y drawing districts %ased on the demo of their residents (Baker v. Carr and Shaw v. Reno were court cases in which the supreme court ruled that gerrymandering was unconstitutional 7 .oting -e$avior 0ince 17<E voting turnout has greatly decreased %ecause of the very difficult process of voter registration, People vote %ecause of the party of the candidate# on %asis of candidate# and on %asis of issues Party (denti%ication when people identify with a political party %ased on issues Political A%%icacy & %elief that you can participate in politics# or that government will respond (my vote counts Civic Duty & %elief that one has an o%ligation to participate in civic and political affairs (ypes of $lections General elections & held every four years in which president is elected Primary elections & a political party)s elections to determine nominee for general election 1, Dpen primaries people from either party can vote (must choose to vote for either democrats or repu%licans 2, >losed primaries people can only vote if they are a registered mem%er of the party Caucuses & candidate nomination process in which party mem%ers meet to discuss and decide on candidate 1any people think primary season is too long# and we should have one national primary# or a much shorter season >hanges to 0ystem of >hecks and !alances Re%erendum & people vote on whether or not to accept a law passed %y state legislature# or a proposed amendment to the state constitution (nitiative & people vote on laws and constitutional amendments within state (direct democracy Recall & voters remove elected officials Unit #$ree: Political Parties> (nterest Groups> and ass edia Binkage Drganizations organizations that link the people with government Political Parties >ongressional elections use winner=take=all systems in which the winner of a plurality wins (single2member district) !ecause of the winner=take=all system# we have a t/o party system 8 #$ird parties & represent specific ideological positions# sometimes can serve as *spoilers+ %ut rarely make much of an impact Parties help organize the government# organize election process# fundraise# hold national convention and form party platform# educate voters# and get out the vote !efore primary system# party leaders actually chose the candidates Parties are e6pected to %e *loyal opposition+ when other party is in power (ypically we have Divided Government one party controls white house# other controls congress Parties have a national leadership# %ut local chapters have a lot of power Realignment ma.or change in the core mem%ers?%eliefs of a political party= either one ma.or party is replaced %y another# or the two ma.or parties completely change viewpoints Dealignment & when people a%andon parties and %ecome independents Party activists promote certain policies# candidates# and ideologies $lections Presidents are elected %y the electoral college (he A0 pu%lic does not vote directly for the president# instead they vote in statewide elections for electors, (hese electors then vote directly for the president and vice president 0tates have electoral votes e9ual to num%er of senators J num%er of representatives -f candidate wins the plurality of popular vote in state he gets all the electoral votes (two e6ceptions 1aine# 5e%raska 1a.ority of total electoral votes is needed to %ecome president# if no candidate has a ma.ority# the house votes -t is possi%le to win popular vote %ut lose electoral vote (3ore 1any people suggest using a popular vote to decide president# or using the proportional system used %y 1aine and 5e%raska -n senate elections# total state votes for 2 senators -n house elections# each district has a single representative# and the candidate with a plurality winsF2 party system (its harder for 8 rd
parties to get represented (hroughout /merican history there have %een many changes to who can vote& o $limination of race re9uirement (4, t$ amendment 9 o Direct election of senators (4B t$ amendment) o 4omen allowed to vote (4C t$ amendment) o $limination of laws that discriminated against %lacks from various civil rights acts like the voting rig$ts act (grandfather clause# literacy tests# white primaries o /llowing D> residents to vote (28 rd amendment o $limination of poll ta6 (2G th amendment o Bowering voting age to 1; (2< th amendment -nfluencing $lections (nterest Group & a collection of people who share a common interest or attitude# and seek to influence government, (hese groups use fundraising and lo%%ying to influence the political process, -nterest groups can %e unions# government groups# %usinesses# think=tanks# or ideological groups Political Action Committees (PACs) form financial %ranch of interest groups (donate to candidates (ron triangle close relationship %etween interest groups# congress# and agencies Revolving door government officials often retire and move on to work as lo%%yists for interest groups !obbying & activities aimed at influencing pu%lic officials (legislators and trying to promote or defeat certain legislation, Bo%%ying often comes in the form of supplying data to government officials to convince them to vote a certain way -nterest groups often appeal to public opinion %y issuing television and radio ads# or sending out newsletters (he 1edia #$e edia is referred to as the G th estate (%ranch of government %ecause of its huge impact 1edia is a %usiness# driven %y profit# so media is often %ias edia -ias the media has a tendency to spin the news towards a certain political ideology 0elective perception people hear what they want to hear 0elective e6posure people avoid listening to media with other viewpoints =orserace 0ournalism & 'ournalists cover elections like a horserace# focusing almost e6clusively on the candidate who is doing well at that particular moment 10 >ampaign Finance 2eform (/s of the >itizens Anited vs, F$> case none of the following information is accurate# %ut this is the information you are responsi%le to know for the /P e6am Driginally individuals could donate infinite sums of money to candidates (%ri%ing them >andidates could spend infinite amounts of hard money Federal $lection >ampaign /ct 1, 0et limits on individual contri%utions to candidates 2, Bimited how much money is spent %y candidates (later ruled unconstitutional in !uckley v, Caleo 8, -ndividuals must disclose contri%utions G, 0et up option to use pu%lic financing of presidential funds -nterest groups and individuals got around F$>/ %y donating to parties (so%t money 1c>ain=Feingold /ct 1, Bimited soft money 2, 0till allowed P/>s and interest groups to spend infinite amounts of money on issue advocacy Political Action Committees (PACs) & Financial %ranch of an interest group (the part of the %usiness that donates money ,9B Groups & (a6 e6empt organization created to influence the nomination?election of a candidate >urrently# groups are free to spend infinite amounts of money on issue advocacy# as long as they do not say the name of a specific candidate Proposed >ampaign Financing 2eforms Pu%lic Financing Bimit e6penditures Free (C ads 0horten >ampaign 0eason Unit 1our: (nstitutions: Presidency and Congress >ongress >ongress has two %odies# the @ouse and the 0enate# in order for a %ill to pass it must %e passed %y %oth houses /fter a congressmen proposes a %ill# the 0peaker (in the house or the 1a.ority leader (0enate gives that %ill to a committee# which gives it to a su%committee >ongress holds hearings to oversee the e6ecutive -ncum%ents have great chances of wining reelection 11 @as power to create e6ecutive agencies (for e6ample the clean air and water act esta%lished the $P/ /uthorizes and appropriates money for the e6ecutive /pproves the %udget @ow they Cote 0ometimes politicians *trade+ votes# a process known as logrolling Politicians like to add on e6tra# unrelated programs to %ills that will %enefit their constituents# these additions are known as por" barrel spending (he @ouse of 2epresentatives (he house is regarded as the *lower house+ 0tates are given representatives %ased on population -mpeaches mem%ers of e6ecutive# .udicial Representatives serve t/o year terms $ach rep, represents a certain congressional district (he @ouse has a Rules Committee determines whether %ills have closed rule (no amendments# time limit on de%ate or open rule (open to relevant# germane amendments# no time limit (he Beader of the @ouse is the 0peaker of the @ouse who assigns people to a committee that assigns people to committees# directs floor de%ate# and gives %ills to appropriate committee 0enate 0enate is considered the *upper house+ older and wiser $ach state has two senators (e9ual representation (ries impeached mem%ers of e6ecutive# .udicial Senators serve si8 year terms (he senate has the responsi%ility of confirming presidential appointments and nominees# ratifying treaties# and confirming the %udget (here is no rules committee# de%ate is always unlimited !ecause de%ate is unlimited# the minority party can %ilibuster kill a %ill %y continuing to talk (o end de%ate and a fili%uster# cloture (a vote %y 8?5 of the senate is re9uired 0enate can also add riders (irrelevant amendments to %ills >ommittees 1ost work is done in committees (especially in house 1ost %ills D-$ in committee 12 >ommittee (ype Description @ouse $6amples 0enate $6amples 0tanding >ommittee Permanent panel with full legislative functions and oversight responsi%ilities, (he mem%ers %ecome e6perts /ppropriations sets specific e6penditure for the federal government 2ules determines under what rules %ill comes to floor /rmed 0ervices oversees military and Defense Foreign 2elations provides foreign policy leadership 0u%committee Formed to tackle specific tasks within standing committee Bivestock# Dairy# and Poultry (su%committee of agriculture @ealth >are 0u%committee (su%committee of finance committee 0elect or 0pecial >ommittee (emporary groups with limited purposes (investigation @ouse 4atergate >ommittee 0elect committee on $thics 'oint >ommittee -ncludes mem%ers of %oth houses to perform housekeeping tasks of studies 'oint $conomic >ommittee 'oint $conomic >ommittee >onference >ommittee 0pecial type of .oint committee that reconciles senate and house versions of a %ill >onference committees formed as needed >onference committees formed as needed President 2e9uirements for office 1, 5atural %orn citizen 2, /t least 85 years old 8, 2esident of /merica for at least 1G years Powers as >ommander in >hief (civilian power over military 1, @ead of /rmy and 5avy 2, @ead of 5ational 3uard 13 Powers as >hief $6ecutive of 3overnment 1, *Faithfully e6ecute+ the laws 2, re9uire opinions of heads of agencies 8, grant pardons e6cept in cases of impeachment G, nominate .udges to federal courts and nominate ca%inet (confirmed %y senate 5, call for special session of congress Powers in Foreign /ffairs 1, appoint am%assadors 2, make treaties (to %e confirmed %y senate 8, send troops anywhere in the world if >ongress authorizes it or during national emergency (4ar Powers /ct (he president has G; hours to .ustify in writing to congress why troops were sent# and <E days %efore he must withdraw troops (unless congress e6tends time Begislative Powers 1, 3ive 0tate of the Anion address to >ongress to push his agenda 2, recommend and suggest %ills for congress 8, call special sessions of congress G, veto %ill (can %e overturned %y 2?8 of congress 5, pocket veto not signing a %ill within 1E days and having >ongress ad.ourn >a%inet president picks (senate confirms the heads of the 15 most important agencies# these agencies help e6ecute the law 1, Department of Defense# Department of 0tate# Department of (reasuryK 2, O%%ice o% anagement and -udget writes %udget (must %e confirmed %y the senate Council o% economic advisers part of e6ecutive office# help advise the president on economic issues -nformal Powers of the President 1, A8ecutive orders orders written %y president or agency that have the weight of law, (here are several ways to undo e6ecutive orders& president can rescind it# ne6t president can rescind it# the supreme court can rule it unconstitutional 2, A8ecutive privilege right of president to keep certain documents private if pertaining to national security (in USA 14 vs. Nixon the supreme court ruled that e6ecutive privilege is 5D( unlimited 8, Agenda Setting president sets out the legislation he wants passed (he uses his %ully pulpit G, (mpoundment a%ility to refuse to spend money appropriated %y congress (this was ruled unconstitutional Unit 1ive: #$e -ureaucracy !ureaucracy administrative system that divides work into specific departments carried out %y non=elected officials (he %ureaucracy remains politically neutral through the =atc$ Act> which %ats %ureaucrats from running for pu%lic office# making political speeches# or soliciting campaign funds from su%ordinates (he %ureaucracy has grown tremendously over the past 1EE years# taking on more and more responsi%ilities >urrently it employs G million people# 2,; are civil servants# the rest are military 1any other people are indirectly employed %y the federal government (he %iggest department is the Department of Defense Dver time# the %ureaucracy has increased its discretionary aut$ority & its power to choose course of action and make policies not e6plicitly spelled out %y laws 1any federal officials %elong to the competitive civil service & government offices to which people are appointed on the %asis of merit (%y taking an e6amL this ended the *spoils system+ where government .o%s were given in e6change for political supportL managed %y the O%%ice o% Personnel anagement (OP) -t is very difficult to fire a %ureaucrat /t the higher levels there are more whites than /frican /mericans# and there are more men than women Dften many departments are responsi%le for similar tasks# there are many procedures %ureaucrats must go through to do anything Red #ape comple6 rules and procedures that must %e followed to get stuff done 1any people are critical of the large amounts of waste (pork in the %ureaucracy (ron #riangle: informal alliances that work together to formulate and implement policy in their area of interestL they are made up of& 1 particular industry and its lo%%yists 15 2 the congressional committee dealing with that industry 8 the agency that is actually affected Alliance (or issue net/or": coalitions of interest groups# mem%ers of >ongress# and %ureaucrats form a close working relationship (more complicated than a simple iron triangle Deregulation: removing government restrictions and regulationsL deregulation has occurred recently in the telecommunications and transportation industries (he %ureaucracy has 8 main roles& 1, (mplementation carry out laws# e6ecutive orders (homeland security enforces airport security laws 2, Administration routine administrative work (social security administration sends out social security checks# postal service delivers mail 8, Regulation issue rules and regulations that impact the pu%lic ($P/ sets out standards for clean air and water (he 0tructure of the !ureaucracy >omponent >haracteristics $6amples >a%inet Departments >omprised of the 15 main departments, @eaded up %y secretaries# secretaries are appointed %y president# confirmed %y senate, $ach has its own %udget Department of Defense Department of (reasury Department of 0tate -ndependent $6ecutive /gencies Perform services on %ehalf of government, (hese are esta%lished %y >ongress outside of the $6ecutive !ranch 0ocial 0ecurity /dministration >entral -ntelligence /gency $nvironmental Protection /gency -ndependent 2egulatory >ommissions 2egulate economic activities# operate independently, Dnce appointed# leaders cannot %e removed without cause, Beaders serve fi6ed terms Duasi2!egislative Agencies: independent agencies responsi%le for filling in 1ederal Reserve -oard Federal >ommunications >ommission (F>> 1ederal #rade Commission (1#C) -nterstate >ommerce 16 .urisdiction gaps and writing rules Duasi20udicial Agencies: responsi%le for rule enforcement and punishing violators >ommission (phased out 0ecurities and $6change >ommission (0$> 3overnment >orporations !usinesses esta%lished %y government# serve a pu%lic need# intended to %e profita%le A0 Postal 0ervice /mtrak >orporation for Pu%lic !roadcasting Dversight Presidential Dversight >ongressional Dversight 'udicial Dversight (he president controls the agencies) %udget access, President appoints heads to departments and can issue e6ecutive orders >ongress can create?a%olish agencies, 0enate confirms all presidential appointees to the %ureaucracy, >ongress must aut$ori@e agencies to spend money, >ongress must also appropriate (fund all government agencies and programs, -n some cases congress may use committee clearance the a%ility of a committee to review and approve decisions of agencies, >ongress may hold committee $earings to hold agencies responsi%le# congress may also launch investigations of the %ureaucracy, >ongress can punish agencies %y cutting their funding, Federal >ourts can use their power of .udicial review to determine whether an act taken %y a department was unconstitutional #$e 0udicial -ranc$ and Civil !iberties (he .udicial %ranch was never e6pected to grow as powerful as other %ranches 1:;:=1;<5 >ourt asserts federal supremacy 17 1;<5=178: >ourt puts restrictions on government 178:=2E1E >ourt deals primarily with individual freedoms Criminal !a/ & type of law dealing with crimes and their punishments o Protects interests of state (state vs, individual o !etween prosecutor (government and defendant o Defendant must %e guilty *%eyond reasona%le dou%t+ to %e convicted o >onviction results in removal of *life# li%erty# or property+ Civil !a/ type of law dealing with the rights and relationships of citizens o Protects interests of individual (individual vs, individual o !etween plaintiff and defendant o / preponderance of evidence (a%ove 5EM is necessary o -f convicted# there are monetary penalities !ased on principle of Eudicial revie/ allows .udges to interpret the >onstitution and deem something unconstitutional Stare Decisis the rule of precedent# where%y a rule or law contained in a .udicial decision is viewed as %inding on .udges whenever the same 9uestion is raised *let the decision stand+ Strict2constructionist approac$ & the view that .udges should decide cases strictly on the %asis of the language of the laws and the constitution 0udicial Restraint & principle that courts will not overturn previous decisions Activist approac$ & the view that .udges should discern the general principles underlying the constitution# and apply them to modern circumstances, (hese .ustices typically try to overturn precedent 0tructure of the Federal >ourts $ach state has at least one district court 7G district courts in the 5E states# the District of >olum%ia and the >ommonwealth of Puerto 2ico, District .udges are %ound %y the precedents of higher courts Federal .udges are appointed %y the president# and confirmed %y the senate -f for whatever reason the supreme court is tied# then the precedent set forth %y the previous court is maintained 4-(@-5 (@/( D-0(2->( 18 District Courts & the lowest federal courts# where federal trials usually go first# use .ury Courts o% Appeals (circuit courts) Federal courts that hear appeals from district courts# no .uries# decisions made %y panels of appointed .udges, (o get here someone must claim that their constitutional rights have %een violated Supreme Court & @ears appeals of appeal court rulings (some%ody appeals the decision of the circuit court, G of 7 .ustices must agree to hear case (/rit o% certiorari, 0upreme >ourt has original .urisdiction in cases %etween states or with foreign am%assadors /ppointing 'udges 1, (he president)s staff presents him with possi%le nominees (typically other .udges# F!- does %ackground check# president looks at previous record of the individuals# conducts litmus test (determines political views# uses senatorial courtesy (uses preferences of senators from the district where the .udge will serve and finally selects nominee 2, (he 0enate 'udiciary committee mem%ers and staff review candidates# interest groups campaign for?against nominees# senate .udiciary committee holds hearing# asking nominee 9uestions# finally votes up?down on whether to send recommendation to the full senate 12 Courts of Appeals (general appellate jurisdiction) 94 U.S. District Courts (original jurisdictions) 19 The Supreme Court (original and appellate jurisdictions) Court of Appeals for the Armed Forces And other Legislatie !ourts Court of Appeals for the Federal Circuit (speciali"ed appellate jurisdiction) 8, (he full senate has open floor de%ate on nominee# votes on confirmation G, -f confirmed# the .udge is given an oath of office %y the >hief 'ustice !ecause .udges serve life terms# there is no political pressure on them to rule a certain way# and they are allowed to act independently (he >ourt (o apply for writ of certiorari costs N8EE, / cheaper means is to use in %orma pauperis in which poor people have their cases heard in federal court for free 0overeign -mmunity & rule that citizens cannot sue the government without the government)s consent >lass=action 0uit & a case %rought %y someone to help him or her and all others who are similarly situated !rief & a written statement %y an attorney that summarizes a case and the laws and rulings that support it Amicus Curiae & %rief su%mitted %y a third party *friend of the court+ (typically an interest group Opinion o% t$e Court & a signed opinion %y the ma.ority that decided the ruling in a case >oncurring Dpinion & a signed opinion that agrees with ma.ority for other reasons Dissenting Opinion & a signed opinion from the .ustices on the losing side >ivil Bi%erties Civil !iberties & freedoms protected against government restraint# secured %y 1 st # 1G th # and 15 th amendments Due Process Clause & denies government the right to deny people of life# li%erty# or property without due process of law (trial Selective (ncorporation & the process %y which individual li%erties originally only applied to the federal government are applied to the states (through the due process clause of the 1Gth amendment A?ual Protection o% t$e !a/ & a standard of e9ual treatment for all /mericans 1reedom o% A8pression & right of people to speak# punish# assem%le# and petition 'on2protected Speec$ & li%el# o%scenity# fighting words# and commercial speech do not receive first amendment protection 20 1reedom o% Religion & people shall %e free to e6ercise their own religion (%ree e8ercise clause) and government cannot esta%lish an official religion (establis$ment clause) A8clusionary Rule & evidence that is o%tained through illegal means cannot %e used, (his means that police can only conduct searches if they have search warrants and there is pro%a%le cause (G th
amendment 5o self=incrimination# right to a trial (, t$ amendment 5ota%le >ases (highlighted cases especially important 1ar%ury v, 1adison $sta%lished 'udicial 2eview 1c>ulloch v, 1aryland $sta%lished federal supremacy over states 3i%%ons v, Dgden >ommerce >lause gives congress %road regulatory power Dred 0cott v, 0anford 0laves are property# not citizens Plessy v, Ferguson *0eparate %ut e9ual+ is ok# allows for segregation 0chenk v, A0/ 3overnment can limit speech *clear and present danger test+ 3itlow v, 5ew Oork Bimits on speech if it threatens government (anarchy "orematsu v, A0/ 3overnment can detain citizens in emergencies !rown v, !oard of $d Dverturned Plessy# rules segregation is unconstitutional 1app v, Dhio 0earch warrants needed# otherwise evidence is thrown out !aker v, >arr /pportionment of districts must %e as fair as possi%le *one man# one vote+ $ngel v, Citale 5o school=led daily player allowed in pu%lic schools 3ideon v, 4ainwright 0tates must provide attorneys to defendants 3riswold v, >onnecticut -nformation a%out %irth control is protected under rig$t to privacy 1iranda v, /rizona Police must inform suspects of their rights (1iranda rights (erry v, Dhio Police can search and seize with pro%a%le cause Bemon v, "urtzman 0ome government aid to church schools is allowed as long as its fair to schools of all faiths, (Bemon test (he lemon test is the standard set %y the 0upreme 21 >ourt to measure the constitutionality of state laws in regard to freedom of religion 5O (imes v, A0/ (aka Pentagon Papers President cannot withhold pentagon papers from the press (no unlimited right to e6ecutive privilege 1iller v, >alifornia D%scenity is not protected under freedom of speech 2oe v, 4ade First trimester a%ortions are ok A0 v, 5i6on $6ecutive privilege is not unlimited 3regg v, 3eorgia Death penalty is ok !uckley v, Caleo >ampaign money limits# independent e6penditures ok (e6as v, 'ohnson Flag %urning is ok# freedom of e6pression (symbolic speec$ /llegany v, />BA >ourts cannot prominently display religious sym%ols Boving v, Cirginia !i=racial marriage is ok Aconomic Policy 3overnments work to avoid de%icits (spending more than we make and debt (the sum of all the deficits Opportunity Cost & 1ost highly valued alternative given up or forgone when choice is made (making trade=offs Supply & amounts of product producers are willing to sell o !a/ o% Supply & as price increases# the 9uantity suppliers are willing to supply increases Demand & Carious amounts of a product or service consumers are willing and a%le to %uy at a price o !a/ o% Demand & /s price falls# the 9uantity demanded rises 1aintaining good levels of supply and demand is critical for sta%le prices 1onetary Policy onetary Policy & /ctions the 1ederal Reserve takes to control the economy %y promoting growth and contractions# and to control the money supply (n%lation & there is too much currency in circulation# so the value of money falls (he Federal 2eserve is allowed independence in setting monetary policy %ecause this removes politics from economic policy# and allows the Fed to rely on e6perts and not politicians (he Federal 2eserve tries to keep the economy sta%le# it has three tools& 22 1, Reserve Re?uirement & the amount of money the Fed re9uires %anks to keep in reserve, (o slow growth# the fed raises the reserve re9uirement# to increase growth# the fed decreases the reserve re9uirement 2, #$e Discount Rate & interest rate the fed charges on %anks when they %orrow money, (o slow growth# the fed raises discount rate# to increase growth# the fed lowers the discount rate 8, Government -onds & %onds are investments in which an investor loans money to the government for a certain amount of time at a certain interest rate, (o slow growth# the fed sells %onds (takes money out of economy, (o increase growth# the fed %uy %onds (in.ects money into the economy Fiscal Policy 1iscal Policy & 4hat the president and congress do to control economy via ta6ing and spending -udget & the president)s formal estimate of how much every government agency and program will cost, >ongress has to confirm this %udget# and then find ways to pay for all these e6penditures Progressive #a8ation & a ta6 system that forces people with higher incomes to pay a larger fraction of their income than do people with lower incomes 1lat #a8ation & a ta6 system that charges a flat payment of ta6es from people of all different income levels Regressive #a8ation & a ta6 system in which people with lower incomes pay a higher fraction of their incomes than do people with higher incomes (a6es income government gets from people 2aising ta6es Fslows economic growth >utting ta6es Fspeeds up economic growth 0pending money spent %y government on goods and services Decreased government spending Fslows economic growth -ncreased government spending Fspeeds up economic growth 2egulatory Policy the manner in which government regulates the economy to provide for the greater good 1ore regulation Fslows economic growth Bess regulation Fspeeds up economic growth 23 $conomic (heories Feynesianism & !elief that government must manage the economy %y spending more money during recessions and cutting spending when there is inflation onetarism & (he %elief that inflation occurs when government prints too much money# and that government should leave the economy to the free market Planning & (he %elief that total government control over the economy such as wage and price controls or direction of investment can improve the economy Supply2Side Aconomics & !elief that lower ta6es and fewer regulations stimulate economic growth Reaganomics & 2eagan)s economic policies that com%ined monetarism# supply=side economics# and lower spending (e6cept on the military to stimulate the economy Social 7el%are >apitalism is inevita%ly a class=%ased society with ine9uities %etween classes 0ocial policy aims at helping poorest mem%ers of society Bi%erals tend to %lame society and favor government intervention# conservatives tend to %lame individuals and favor private sector solutions 4elfare programs are funded %y ta6es (ypes of 4elfare aEoritarian Politics Aniversal welfare programs in which everyone pays and everyone %enefits (0ocial 0ecurity# 1edicare Client Politics & 1eans tested programs in which everyone pays yet only a few %enefit (Food 0tamps# 1edicaid Service Strategy & policies that provide poor people with education and .o% training to lift them out of poverty (ncome Strategy & policies that give poor people money to lift them out of poverty Aarned (ncome #a8 Credit & provision of 17:5 law that entitles working families with children to receive money from government if their income is %elow a certain level 4elfare in A0/ 24 1, State Sponsored Ara 1:;7=1782 During this period most of the welfare in the nation came from the state governments# federal government didn)t play any role in it, 0tates passed laws dealing with social pro%lems (child la%or# pu%lic schools# unemployment %enefits# mandated pensions 2, 1ederal Ara 1782=17;E During this period the federal government took more responsi%ility for the poor, (his %egan %ecause of the crisis following the 3reat Depression, FD2 in the 5ew Deal esta%lished 0ocial 0ecurity, B!' in the 3reat 0ociety esta%lished 1edicare# Food 0tamps# and 1edicaid 8, Sa%ety 'et Ara 17;Es (his period was during the 2eagan /dministration, 2eagan %elieved that welfare spending was too much and had created a dependency on the state, @e decreased spending on 1edicare and reduced welfare to %e a *safety net+ G, -loc" Grant Ara 1775=2E1E >ongressional repu%licans pass laws returning responsi%ility to the states, !lock grants to the states have very few re9uirements, For instance the 4elfare 2eform /ct of 17<< replaced aid programs with voucher programs (the /id to Families with Dependent >hildren *A1DC+ program was replaced %y a voucher program (emporary /ssistance for 5eedy Families *#A'1+, 1edicare and 0ocial 0ecurity 1edicare and 0ocial 0ecurity are the two most famous 1a.oritarian programs, Social Security & a program that %egan in 1785 that ta6ed individuals to provide funds that were used to support the poor# elderly# and unemployed, edicare & an insurance program %egun under B!' in 17<G that paid for the medical e6penses of senior citizens 25 !oth of these programs are failing economically and will soon %e %ankrupt 4elfare 2eform (here are several proposals to reform the welfare system (he retirement of the %a%y %oom generation and the aging of the /merican population will lead to the %ankruptcy of these programs !ecause 0ocial 0ecurity will soon %e %ankrupt# proposed reforms are& 1, 2aising the retirement age 2, -ncreasing ta6es 8, Decrease retirement %enefits G, Privatizing social security %y re9uiring citizens to invest their social security ta6es in the stock market 1edicare)s pro%lems include& 1, !ecause it is free# hospital visits %y seniors are very common 2, 1any elderly get treatment that isn)t necessary 8, Doctors and hospitals are paid with contracts that could change whenever 1edicare)s pro%lems need to %e addressed soon# or the costs will %e tremendous 1oreign and De%ense Policy A0 3overnment -nterests 5ational 0ecurity 0trategic importance of the area 0trength of the economy /vaila%ility of resources Previous agreements with nations -deology 2eaction of People >oncerns from political parties and interest groups Pu%lic opinion 0trength of the national economy Factors 2elating to Dther >ountries /ssets %elonging to the other country /lliances with other nations Pro%a%le response to the policy @istory?culture of the country 26 /ctions to %e (aken Positive /ctions 5egative /ctions (conflict 1ake statements of praise?support $6change key info @old summit meeting Boosen immigration policy 0end peace corps 3rant economic aid# give loans Provide humanitarian assistance Forgive de%t >ut tariffs# remove em%argoes Provide military aid# sell weapons >ultural e6changes 0tatements of condemnation >ut diplomatic ties Bimit travel?visas 2aise tariffs# impose sanctions -ssue threats Demand de%t payments 1o%ilize?deploy troops Perform covert operations to weaken government 0upport anti=government factions /ssassinate leaders 0pread propaganda /rrest their citizens (he President and Foreign Policy (he President is considered the leader in developing foreign policy President is the commander and chief# and has the power to negotiate treaties and e6ecutive agreements# appoint am%assadors# and set the nation)s tone on foreign policy issues 'ational Security Council chaired %y the president# includes vice president# 0ecretary of 0tate# 0ecretary of Defense# 0oint C$ie%s o% Sta%%> head of >-/# /ttorney 3eneral, -t is designed to present various perspectives# facilitate presidential decision making discussions# and implement presidential decisions >ongress and Foreign Policy >ongress)s most powerful tool is its po/er o% t$e purse# >ongress is responsi%le for aut$ori@ing and appropriating the funds needed for foreign policy missions 7ar Po/ers Act o% 4CB* & /ll commitments of troops in hostile situations must %e reported within G; hours, (roops may only %e deployed for <E days without a formal congressional declaration of war or statutory authorization 27 -n reality the 4ar Powers /ct is relatively weak# %ecause >ongressmen are typically very unwilling to end an operation after troops have %een deployed Four 4orldviews (solationism & opposes involvement in wars?conflicts# %elieves /merican should withdraw from world affairs Containment (antiappeasement 2 %elief that the A0 should resist the e6pansion of aggressive nations (especially the 0oviet Anion Disengagement & %elief that /merica was harmed %y the Cietnam 4ar and should avoid similar events =uman Rig$ts & view that /merica should intervene to improve the lives of people in other countries Previous AP Assay Duestions and Response Guidelines Dn the /P 50B e6am you will %e given 1EE minutes to answer G essay 9uestions# here are some of the previous essays, (here should %e enough information in the study guide to answer all of these 9uestions# if not please contact me or look for more information at this we%site& http&??www,college%oard,com?student?testing?ap?usgov?samp,htmlIusgovpol 4hen answering /P free responses it is important to remem%er that your grader is 5D( 1rs, 0tarin# and does 5D( care a%out the 9uality of your writing, 'A0( @-( (@$ 1/-5 PD-5(0, Oou earn points %ased on whatever you write that is correct# so please# don)t %e fancy .ust answer the 9uestion as %riefly as possi%le, (his is 50B# not $nglish, -t is also important to note that it is unlikely to have an essay on a topic covered in the 2E1E e6am, (herefore it is wise to go through this we%site to see what essay topics are likely to %e asked, ($ven though the final 9uestion included %elow seems to violate this principle# it is included %ecause it is a good e6ample of a 9uestion that demands graph comprehension as well as a sound knowledge %ase, 2EE;# Puestion Dne& >ongressional reapportionment and redistricting are conducted every ten years, 4hen redistricting is conducted# politicians often engage in gerrymandering, 28 (a Define congressional reapportionment and e6plain one reason why it is important to states, (% Define congressional redistricting, (c $6plain two goals of politicians when they gerrymander during redistricting, (d Descri%e two limits that the Anited 0tates 0upreme >ourt has placed on congressional redistricting, /nswers& (a 2eapportionment (he reallocation of the num%er of representatives each state has in the @ouse of 2epresentatives, -t is important %ecause& 2eapportionment increases or decreases the num%er of seats a state has in the @ouse?>ongress (not the 0enate 1ore representatives mean that a state has more influence 2eapportionment increases or decreases a state)s num%er of electoral votes (% 2edistricting the drawing?redrawing of @ouse (not 0enate district lines (c 3oals may include& (o enhance political strength of a party (o protect incum%ents?weaken challengers (o increase minority representation or decrease minority representation (o reward political allies (d Bimits may include& / discussion of 0upreme >ourt cases& !aker v, >arr and 0haw v, 2eno, Districts must %e e9ually populated# and may not weaken minorities 2EE;# Puestion (hree& Fiscal policy and monetary policy are two tools used %y the federal government to influence the Anited 0tates economy, (he e6ecutive and legislative %ranches share the responsi%ility of setting fiscal policy, (he Federal 2eserve !oard has the primary role of setting monetary policy, 29 (a Define fiscal policy, (% Descri%e one significant way the e6ecutive %ranch influences fiscal policy, (c Descri%e one significant way the legislative %ranch influences fiscal policy, (d Define monetary policy, (e $6plain two reasons why the Federal 2eserve !oard is given independence in esta%lishing monetary policy, / full e6planation of correct answers can %e found on pages 1:=1; 2EE:# Puestion Dne& / significant feature of the $lectoral >ollege is that most states have a winner=take=all system, (a Descri%e the winner=take=all feature of the $lectoral >ollege (% $6plain one way in which the winner=take=all system affects how presidential candidates from the two main political parties run their campaigns (c $6plain one way in which the winner=take=all feature of the $lectoral >ollege hinders third party candidates (d $6plain two reasons why the $lectoral >ollege has not %een a%olished /nswers& a (he candidate who gets the most votes (a plurality wins all the electoral votes from that state % >andidates focus more on swing states# spend more money for ads in swing states# choose running mates who are popular in swing states# and focus on issues that are important in swing states c (hird=party candidates may get many individual votes# %ut unless they win the entire state they will get no electoral votes d -t helps to ensure that a candidate will win a ma.ority of the electoral votes# it would re9uire a constitutional amendment to change it# there is no clear consensus for an alternative# it favors the two party system# and small states support the electoral college system %ecause it gives them more representation 2EE:# Puestion (hree& 30 >onflicts %etween congress and the president over war powers have their origin in the Anited 0tates constitution, -n 17:8 congress passed the 4ar Powers 2esolution in an attempt to clarify the %alance of powers %etween the two %ranches of government (a Descri%e the primary constitutional conflict %etween >ongress and the President over the decision to go to war (% Descri%e two provisions of the 4ar Powers 2esolution that were designed to limit the president)s power over war making (c (he 4ar Powers 2esolution has received mi6ed reviews# %ut >ongress has other powers over war making, Dther than the constitutional power that you descri%ed in (a# identify and e6plain two other formal powers >ongress has over war making /nswers& a (he president is the commander and chief# %ut the congress has the power to declare war % (he president must notify congress G; hours after sending troops and conflicts are limited to <E days without a congressional declaration of war or a statutory authorization for continued action c >ongress has the power to authorize?appropriate any funds needed %y the military# congress has the power to ratify treaties# congress can hold investigative hearings# and congress has the power to confirm presidential nominees 2EE:# Puestion Four& (a Define federalism (% 0elect two of the following and e6plain how each has %een used to increase the power of the federal government relative to the states >ategorical 3rants Federal 1andates 0elective -ncorporation (c 0elect two of the following and e6plain how each has %een used to increase the power of the states relative to the federal government 4elfare 2eform /ct of 177< !lock 3rants 1E th /mendment 31 /nswers& a) Federalism a constitutional division of powers %etween the federal and state levels #) >ategorical grants are designed for specific purposes# and are watched over closely %y the federal government, Federal mandates instruct states to implement certain policies, 0elective incorporation allows federal courts to overturn state and local practices c) (he 4elfare 2eform /ct returned power and resources to the states to run their own welfare programs, !lock grants are given to states with few strings attached# so states have a great deal of freedom in deciding how to use the money, (he tenth amendment reserves power to the states and the people, -t is used to argue for a return of power to the state governments, 2E1E# Puestion (hree& Dver the last several decades# the composition of the Democratic and 2epu%lican parties has changed in important ways, / ma.or partisan shift has occurred in the 0outh# %ut other demographic changes have also %een identified, >hanges in party composition are reflected at different rates in presidential elections than in congressional elections, (a -dentify one specific trend evident in the figure a%ove, 32 (% >hoose two of the following and use each to e6plain why southern voters from 17G; to 2EEE were electing Democratic candidates to >ongress more fre9uently than choosing Democratic candidates for the presidency, -ncum%ency advantage 3errymandering Differences %etween state and national parties (c 0everal other changes in party composition have emerged in the past few decades, 0elect three of the following groups and for each e6plain how parties have changed in composition with respect to that group, >atholics Ba%or union mem%ers 4omen 0ocial conservatives /nswers& a (his 9uestion re9uires only %asic graph reading a%ilities& Percentage of @ouse seats for Democrats has trended down Percentage of presidential electoral votes for Democrats has trended down % (he easier two topics would pro%a%ly %e incum%ency advantage and gerrymandering# %ut all three are included %elow& -ncum%ency advantage Q /lthough 0outhern voters were voting for 2epu%lican presidential candidates# they continued to vote for incum%ent Democratic congressional candidates %ecause of the incum%ency advantage, 3errymandering Q District lines created safe seats?ma.ority minority districts# which protected Democratic seats even though there were more 2epu%lican voters in statewide presidential elections, 0tate versus national parties Q !ecause national and state parties were largely independent of each other# to get votes Democratic congressional candidates responded to local interests# whereas Democratic presidential candidates responded to a national constituency, c !e %rief with these answers# the 9uestion does not ask for *why+ >atholics Q (hey have %ecome less relia%le Democratic voters, Ba%or union mem%ers Q (hey have %ecome less relia%le Democratic votersL have decreased in num%er and thus there 33 are fewer Democratic supportersL have %ecome a smaller percentage of the Democratic voting %loc, 4omen Q (hey have %ecome more relia%le Democratic votersL have increased in num%er and thus there are more Democratic supportersL have %ecome a larger percentage of the Democratic voting %loc, 0ocial conservatives Q (hey were previously none6istent and have now crystallized to %ecome more relia%le 2epu%lican votersL previously found in the Democratic party and have moved to the 2epu%lican party, 34