Free Response ?s

1. remember selective incorporation—14th Amendment due process clause was used to give the Federal gov’t rights over state issues.

2. It asked about over time! Numerous court cases were used over time to incorporate these rights onto the states (particularly the South.)

Shay’s Rebellion

Shay’s Rebellion pointed out the weakness of the central government under the Articles of Confederation. Make sure you know what they are!

Direct Democracy

Government in which citizens come together to discuss and pass laws and select rulers.

Representative Democracy

Government that derives its powers indirectly from the people, who elect those who will govern; also called a republic.

Constitutional Democracy

A government in which those who exercise governmental powers do so as a result of winning free and relatively frequent elections and are subject to recognized, enforced limits on power of all government officials. It is the elections that make the government democratic; it is the recognized and enforced limits on power that make it constitutional.

ConstitutionalismThe set of arrangements such as checks and balances, federalism, separation of powers, rule of law, due process, and the Bill of Rights that requires our leaders to listen, think, bargain, and explain before they make laws. We then hold them politically and legally accountable for how they exercise their powers. Remember your question about Judicial accountability?

Ideology

One’s basic beliefs about power, political values, and the role of government-beliefs that arise out of education, economic, and social conditions and experiences.

Federalists

Supporters of ratification of the Constitution whose position promoting a strong central government was later voiced in the Federalist party.

Antifederalists

Opponents of ratification of the Constitution and of a strong central government generally.

Civil Liberties

Rights of all persons that can not be denied by government power: freedom of conscience, religion, or expression; generally the freedoms secured by the First Amendment

Civil Rights

Rights of all persons to equal protection of the laws; the constitutional right not to be discriminated against by government because of race, ethnic background, religion, or gender; guaranteed by the Fifth and Fourteenth Amendments.

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government; similar to clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law. Incorporation of Bill of Rights used this portion!

Clear and Present Danger

Interpretation of the First Amendment that holds government cannot punish a person for speech unless the speech presents a clear and present danger that it will lead to illegal acts. To shout “Fire” in a crowded theater is Justice Oliver Wendell Holmes’ famous example.

Preferred Position Doctrine

Interpretation of the First Amendment that holds that freedom of expression is so essential to the operation of democracy that judges should give it special protection and should almost never allow governments to punish persons for what they say, only for what they do.

The Social Contract

Obedience

Protection

Government The People

Faction

A term used by James Madison and other founders of this country to refer to political parties as well as what we now call special interests or interest groups.

Interest Group

A collection of people who share some common interest or attitude and seek common interest or attitude and seek to influence government for specific ends. Interest groups usually work within the framework of government and employ tactics such as lobbying to achieve their goals.

Lobbying

Activities aimed at influencing public officials, especially legislators, and the policies they enact.

Iron Triangle

A mutually supporting relationship among interest groups, congressional committees and subcommittees, and government agencies that share a common policy concern.

Political Action Committee (PAC)

The political arm of an interest group that is legally entitled to raise funds on a voluntary basis from members, stockholders, or employees in order to contribute funds to favored candidates or political parties.

Honeymoon

A period at the beginning of a new president’s term in which the president enjoys generally positive relations with the press and Congress, usually lasting about six months.

Realigning Election

An election that proves to be a turning point, redefining the agenda of politics and the alignment of voters within parties during periods of historic change in the economy and society.

Keynesian Economics

Economic principles based on the principles advocated by John Maynard Keynes; increasing government spending during business slumps and curbing spending during booms.

Soft Money

Money contributed for party-building purposes that does not have to be disclosed under federal law.

Dealignment

Change in the composition of the electorate or its partisan preferences that points to a rejection of both major parties and a rise in the number of independents.

The Constitutional Powers of the President

• Article II is quite short and details few powers for the President.

• The president received certain enumerated powers in the Constitution, however the first line of Article II may be the most important grant of power to the president.

• It states "the executive power shall be vested in a President of the United States of America."

• The executive power clause has been the basis for implied powers allowing the powers of the president to exceed the list of enumerated powers in Article II.

Commander-in-Chief

AppointmentPower

PardoningPower

LegislativePower

Treaty-makingPower

Veto Power

Chief ExecutiveChief Diplomat

Chief-of-State

The Cabinet

• The Cabinet is not mentioned in the Constitution and is formulated by each president as he/she sees fit.

• The Cabinet consists of the heads of the major bureaucratic departments (State, Defense, Treasury, etc.).

• Congress exercises some control over the bureaucracy -- through advice and consent and budget controls.

The Executive Office of the President (EOP)

• The EOP was established by FDR and is a very important inner circle of advisors to the president.

• The EOP is staffed by persons responsible to the president alone

• The EOP includes such important offices as the National Security Council, the Council of Economic Advisors, and the Office of Management and Budget.

Development of Presidential Power

• All presidents have had similar formal grants of power and constraints via the Constitution.

• The power and success of the presidency is dependent upon • the personality of the person holding the office. • the informal powers of the presidency• the goals of the officeholder • and, of course, the timing of events…events often

shape a presidency (for example, crises often lead to an expansion of presidential powers).

Continuity and Change• The presidency is a peculiar institution. Some have argued

that the job is too big for one person and that we expect way too much from one person.

• Presidents do have a difficult set of jobs. They are a symbol of the country and a ceremonial leader as well as the nation’s chief executive.

• We know more about our presidents than ever before. We know • what kind of underwear they prefer• what they eat• who they dated in high school• how much their haircuts cost...maybe knowing so much has

made us lose respect for the office? Perhaps we need to know less about our presidents so that they may do more.

Constitutional Provisions

• Article I, Section 10: Powers denied to the state governments• No state shall enter into treaties.• No state shall coin money.• No state shall grant titles of nobility.• No state shall “deny to any person within its jurisdiction the equal

protection of the law” (Fourteenth Amendment, 1868)

• Tenth Amendment: “Powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states.” - Schools - Establishing local governments- Intrastate commerce - Running elections- Providing fire and police protection

Expansion of National Govt’s Power: Dual Federalism to Marble Cake Federalism

• Dual federalism – national government is supreme in its sphere; state governments, in theirs (co-equals)

• Marble Cake federalism – national government is supreme over the states (shared responsibility)

• The federal government has gained power relative to the states.• Four Key Events

• FDR and New Deal• S.C.’s new interpretation of the Commerce Clause• Rise of Big Government • Civil Rights Movement and Activist Court

McCulloch v. Maryland (1819)

• Implied powers: Congress has the power to “make all laws necessary and proper for carrying into execution” the preceding powers (final paragraph, Article I, Section 8).

• The necessary and proper clause is also called the elastic clause. It has been used to justify federal policies to regulate food and drugs, build interstate highways, protect consumers, clean up dirty air and water, etc.

Reviving Dual Federalism?

• United States v. Lopez (1995): Supreme Court ruled that Congress had exceeded its commerce clause power by prohibiting guns in schools.

• Pro-state sovereignty decisions have been decided by a 5-4 margin.

• Devolution Movement: States as Laboratories of Democracy

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Monetary Policy

U.S. monetary policy regulates the money supply and interest rates to control inflation and stabilize the economy to achieve national economic goals. This policy affects the cost of and availability of money and credit which in turn influences how much is spent by individuals and businesses.

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Monetary Policy

Monetary policy is set by Federal Reserve Board (“The Fed”), or more precisely, its Federal Open Market Committee. The Federal Reserve Act calls for the Fed to “promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates."

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Monetary Policy Theory

When the real cost of money (and credit) is low: • Businesses and individuals are more likely to invest and spend. • This climate promotes demand.

• Demand promotes economic growth.• Economic growth promotes more employment. • Economic growth promotes higher wages.

The Cost of Money

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Monetary Policy Theory

When the real cost of money (and credit) is too low: • Demand can begin to outstrip productive capacity.• When demand increases the supply can become inadequate.

• Concern about the value of money and credit (the cost) in the future may increase.

• This may produce higher prices (inflation).

The Cost of Money

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Why the Fed (and not the President and Congress)?

• There was a general belief that a centralized policy is necessary.

• Independence keeps politics out of its decisions.

• … relatively, at least.

• The Fed has expertise.

• There are long terms for its leadership.

• Members are appointed by president and confirmed by Congress.

• The Fed largely controls its own budget.

How is Fed Independence Achieved?

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Fiscal Policy

The use of government spending and taxation to influence

the economy. Both the levels and allocation of spending and

taxation can influence economic outcomes — at the

aggregate and within sectors of the economy.

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Fiscal Policy Theory

During slow economic periods the government can lower taxes and/or increase spending as a way to encourage economic expansion. These strategies would produce increased deficits. Specific programs, such as public works, can be targeted, or, the government may rely on aggregate levels of activity to produce stimulation.

Some programs are automatic, such as unemployment, while others are ad hoc. The same points can be made on the revenue side. The opposite types of activities can be utilized to slow economic expansion during periods of inflation.

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Key Elements of the Federal Budgeting Process

• About a year-and-a-half out, agencies prepare requests that over time are aggregated up the chain and ultimately go to the Office of Management and Budget (OMB).

• The President’s budget is presented in January or February.

• The Congressional budget is presented in the late summer.