ap government review - mr. antoon's government...
TRANSCRIPT
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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
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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
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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
• 1st 10 amendments Bill of Rights
– 14th, 17th, 18th, 19th, 22nd, 25th, 26th
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Informal Amendments to Constitution
• Legislative action: Judiciary Act of 1789
• Executive actions: Executive orders
• Judicial review: Marbury v. Madison
• Custom & usage: No 3rd 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)
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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
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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
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FRQs
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FRQs
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Quiz
AP Government Review
II. Political Beliefs & Behaviors
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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
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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
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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
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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
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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
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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)
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FRQs
FRQs
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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
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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
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Low Voter Turnout
• Expansion of the electorate (26th 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
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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
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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
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Interest Groups &
the Mass Media
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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)
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FRQs
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FRQs
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Quiz
AP Government Review
IV. The Legislative, Executive, &
Judicial Branches
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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
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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
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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
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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 17th Amendment allows the direct election of senators by the people of the state
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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
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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
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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
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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 10th Amendment
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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
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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
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Executive Branch
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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) 22nd 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
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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
• 25th 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
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Electoral College System
• 12th 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 tie-breaking votes
• Help determine presidential disability under the 25th Amendment & take over presidency if necessary
• Has the same formal qualifications as the President
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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
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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
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FRQs
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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
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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)
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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
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Executive Departments
• State • Treasury • Defense • Interior • Justice • Agriculture • Commerce • Labor
• Health & Human Services
• Housing & Urban Development
• Transportation • Energy • Education • Veterans affairs • Homeland Security
FRQs
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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
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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
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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
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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
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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
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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
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FRQs
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Quiz
AP Government Review
V. Politics & Public Policymaking
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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
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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.
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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
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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.
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FRQs
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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
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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
• 14th 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
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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
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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
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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
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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 5th & 14th Amendments provide for the protection of private property by guaranteeing :life, liberty, or property, without due process of the law”
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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
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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
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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
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Civil Rights
• Are the positive acts of government, designed to prevent discrimination & provide equality before the law
• The Equal Protection Clause of the 14th Amendment prevents the states from discriminating against citizens.
Civil Rights Movement
• 13th Amendment abolished slavery
• 14th Amendment defined citizenship & provided due process & equal protection
• 15th Amendment provided that all males 21 & older could vote
• 24th Amendment outlawed the poll tax in federal elections
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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
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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
• 19th 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
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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