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1 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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Page 1: AP Government Review - Mr. Antoon's Government sitewhsjantoon.weebly.com/uploads/5/7/6/8/57682575/apgovernmenttest... · AP Government Review I. Constitutional ... matters relating

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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

FRQs

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FRQs

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

FRQs

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FRQs

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