1. AP U.S. Gov’t Review
CRRRRRUUUUNCH TIME!
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2. A. Review coverage I. Constitutional Underpinnings +Fed = 5-15%
II. Political Beliefs + behavior = 10-20%
III. Political Parties SIG + Mass Media = 10-20%
IV. Institutions = %
V. Public Policy = 5-15%
VI. Civil Rights + Civil Liberties = 5-15%
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3. B. Exam Breakdown 60 MC questions – ½ of total score – 45 mins
II. Essays – 4 free response in 100 minutes
Each essay is worth 1/8 of total score . . .
Or a combined total of 50 % of total.
Essays can cover either separate components outlined previously or combine elements or factors discussed in part A. See adjoining sheet for possible themes or subject matter.
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4. Examination Tools Text book Note Peers Review materials
And the old guy. . .

5. I T B I U T M

6. If It Is To Be It Is Up To Me

7. I. Constitutional Underpinnings
What is the purpose of Politics?
A conflicting state where one Selects leaders
Leaders work w/in institutions
To make. . .
Answer: Policy
B. 1. System - Define democracy –
answer: it selects + formulates policy which represents + responds to the public preferences.
a. Theory encompasses 5 elements:
(1) equality in voting
(2) effective participation
(3) Enlightened understanding - plethora of ideas. . .
(4) citizen control of the agenda.
(5) inclusion of all who are willing to participate.
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8. b. Majority rule w/ minority rights. An issue of “power” .
What is a majority . . .
Majority = An acculumalation of minorities
B. Who really Governs?
(1) Pluralist theory –
competition among groups .
(2) Elite + Class Theory –
Class splits . . .Big Business rules!
(3) Hyperpluralism –
Groups divide gov’t, making it ineffective. . .
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9. C. Political theorists represent theories
Hume –
Human nature that man was evil. . .Gov’t by the many with negotiation and compromise promoting a union + eventually establishing a republic.
2. Hobbes –
one needs an inherited monarchy to promote the legitimacy of gov’t. Absolutism rules. . .Self interest is nat’l interest.
3. Locke –
social contract theory - Life, liberty and property - Consent of the gov’t by Parliament( few) who had a stake in society because it represented people of property. . .poor people don’t lose much when life deteriorates.
4. Rousseau –
Rule by all - a complete democracy --
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10. Rousseau Hume Locke Hobbes All Many Few One
hyperplurlism plurlism Elite/class Absolute
The above is a
Political spectrum!
D. When one governs, one seeks power --
Define:
Ability to persuade someone else that it is in their (self)ish interest to follow you.
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11. Power Distribution
1. Power can be distributed three ways in a democracy:
(a) power elite - (Hobbes) - Representative Democracy
(b) political elite- (Hobbes + Locke) - Participatory democracy
(c) majoritarian rule- (Locke or Hume) Direct Democracy
(d) Mob rule - Rousseau
2. What does one do with power? ---
Make Policy: - Actions of Gov’t. . .
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12. Revolution + the 1st Constitution
Articles of Confederation
A ). What could it do And worse. . .what couldn’t it do. . .
What showed it’s the A+C true weaknesses –
Shay’s Rebellion
The second Constitution:
a. Equality
1)Representation is established by what type of Gov’t?
Anwer: (REPUBLICAN) –
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13. New Jersey Plan offered what? (= represent)
Virginia Plan which offered?
(prop. representation )
led to which agreement?
Connecticut Compromise: that offered:
US Senate ( 2 Senators per state) US House - (Reps per population of state)
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14. Property owners vs. disenfranchised. Who controlled elections?
2) slavery - South wanted all males counted? Three-fifths compromise. - A show stopper
b. Who can vote –
Property owners vs. disenfranchised.
Who controlled elections?
Answer. States set election laws. Why?
c. Economics – Who will control?
Congress shall rule + it will build the infrastructure (Post offices to taxation- Article I)
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15. d. Individual rights
Constitution lacked in this area- show stopper although the Constitution did mention six issues:
1) Writ of habeas corpus
2) bill of attainders
3) ex post facto laws
4) religious preferences to hold office
5) treasonous offenses
6) trial by jury
But were we being ruled by “men” or by laws to protect us from these “men” wanted the ???
the Bill of Rights was added to protect us from gov’t. . .a recollection of all the ills that the colonists resided under British rule.
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16. e. Popular sovereignty? What is it?
Answer> ability to control one’s destiny
f. Checks + Balances? What is it?
Each branch oversees the other
g. Separation of Powers . . .
Who wrote the doctrine?
Montesqueiu. . .What does it mean?
Each branch has a certain function?
h. What was the purpose of the B Of R?
Answer: Protect one from gov’t
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17. Ratification States voted- - -only needed ? states to ratify
9 (A of Confed needed ? approval to amend)
unanimous
a. Federalists v. Anti-feds -
(1) issue -- the 2nd Constitution was a “class-based
document that benefited only the economic
elite!
(2) fundamental liberties! Were the Bill of Rights
enough?
(3) Federal $$$$$. . .diminishes State $$$$$.
Result – Who ratified the constitution?
State special conventions would ratify, not state legislators
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18. 9. “Changing” the Constitution-
Amendment Process
a. Formal process – 2 steps?
(1) proposal – Vote
2/3 of each Congress or National convention
(2) Ratification
- 3/4 of state leg or spec convention
(3) - 27 Amendments - taxation to congressional salaries
b. informal process- 4 ways
(1) Federal court decisions - Marbury v. Madison
(2) Changing political practices - Dems v. Reps
Liberals v. Conservatives
(4) Domestic politics to foreign politics. Policy makers carry big sticks in implementing policy.
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19. Federalism
Define – a decentralization of gov’t. -- a “sharing of the wealth” + gov’t power.
DELEGATED powers belong to; Feds rule - Make war
INHERENT –
1) all gov’t possess these pwrs. . .immigration
(b) Expressed – (Enumerated)
1) Stated specifically . . .Congress makes law
(c) Implied
1) (Makes expressed powers work) – Congress establishes a civil service system to hire federal workers.
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20. i.e. education, taxation, Safety c. reserved POWERS
b. Concurrent POWERS
shared power.
i.e. education, taxation, Safety
c. reserved POWERS
states rule - welfare, local education control, local gov’ts, professional licensing.
2. Who shall rule in conflict – Where in the Constitution:
Art VI- Supremacy Clause - and Implied powers of national gov’t upheld with . ..
McCullogh v. Maryland. Established the which clause?
“elastic clause” that gave the Congress the >>>
Necessary and Proper Clause (implied powers) to enact policies to run the country!
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21. 3. If not stated- states have the rights - Which Amendment? 10th
4. Commerce power – Court Case?
Gibbons v. Ogden . Interstate + international commerce . Congress rules!
5. Full Faith and Credit clause –
One state’s validity carries over state borders - i.e. marriage licences.
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22. 6. From Dual to cooperative federalism -
a. Education sets the stage for both the Feds + states to work together in “fiscal harmony”
b. “Shared Costs” of Fiscal federalism-
c. Grant-In-Aid
Feds sell land to fund programs!
d. Categorical grants –
specific $$ for specific projec w/ strings attached. . .non-discrimatory - Cross cutting requirements - Offenders lose it all!
(1)Project grants –
competitive requests
(2) Formula grant-
Do you meet the formula. i.e. public housing, employment programs
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23. Special ed, Disability Act, Clean Air. Medicaid unfunded mandates. . .
e. Block grants –
social service endeavors w/ less strings attached. SIGS pursue the $350 billion
f. Mandates –
Feds dictate specific guidelines. . .if don’t comply, penalized or lose the funding. . .
Special ed, Disability Act, Clean Air.
Medicaid
unfunded mandates. . .
Laws w/o funding. . .
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24. Practice Essay
6. The United States Constitution has endured for more than two centuries as the framework of government. However, the meaning of the Constitution has been changed both by formal and informal methods.
(a) Identify two formal methods for adding amendments to the Constitution.
(b) Describe two informal methods that have been used to change the meaning of the Constitution. Provide one specific example for each informal method you described.
(c) Explain why informal methods are used more often than the formal amendment process.
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25. Essay Rubrics #1 Hse + Sen Proposal w/ supermajority
or special convention State Leg confirm
with 38 or spec convention.
b. Need two 0f five informal methods
c. Informal is easier and can happen daily, especially w/ court cases. Formal does provide more of a thorough legislative process. . .just not a judicial whim.
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26. Practice Essay #2
The US has evolved from a system of dual federalism to a system of cooperative federalism. In the past two decades, some powers have devolved from the federal gov’t to the state gov’t.
Identify and explain one factor that led to the nat’l gov’t having significantly more power than the states.
Identify and explain one factor that led to cooperative federalism.
Identify and explain one factor than led to devolution.
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27. Essay #2 Answer
Court rulings: McCullogh v. Maryland (Elastic clause and N+P + Clause . States can’t tax (2 pts)
Grants in Aid encouraged state dev; Medicare handouts but they all come with “conditions of aid. (2 pts)
Debt load, more state right advocates. TANF program was once a categorical grant but now it is a block grant. 2 pts
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28. II. Political Culture
How does one determine the socialization of the American constituent?
1. Six factors
a. Tradition + customs
b. Impact of events
c. Changes in the way of political elites
d. families
e. school
f. relationships (as the paradigms shift)
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29. 2. WHO establishes our political value system. . .Who sets the agenda?
a. SIGS
b. Political institutions
c. Media “The New Parent” (hand out media handout)
d. family
e. Social Economic Stratification (SES) as one grows older.
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30. B. America’s Demographics: Who are we?
1. Demographics Deal with what?
a. gender
b. occupation
c. Race
d. religion
e. SES - social class
2. How does one determine demographics?
Census building - It will happen every 10 years. How does it impact us “politically”?
a.Congressional apportionment / Electoral College
b. Redistricting
c. Block grant distribution
3) Minority/majority is influencing the great melting pot. by Whites will be only 52% of society
Who is the largest minority?
Hispanics
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31. 3. How has the shifting of America occurred?
4. What Act requires employers to document the citizenship of employees or face fines?
Simpson/Mazzoli
3. How has the shifting of America occurred?
from Frost Belt to Sun Belt: (SW, SE and Texas dramatic population increases(20% growth rates) while North has 5% growth) How has this impacted the American political scene?
Answer: Congress + reapportionment; Red + Blue states . . .more
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32. 4. GRAY POWER –
Baby boomers graying rapidly. How has this impacted the political landscape?
Answer: they wish to collect their $5 trillion in Social Security benefits! Their SIGS possess clout - i,e, AARP, others.
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33. c. How does one gauge America’s pulse?
POLLING-
1. Early 1950’s George Gallup “Polled” a microcosm of American political thought What scientific device?
- a Sample --
the more “random” the better. . .????
everyone has a chance of being selected. . .
b) Biased sample-
stated preference
c) representative sample .
i.e. Democrats only
2. Samples are not perfect -- ???
sampling error . . .
1-5% error rate per 1, ,000 responses. . .The bigger the sample the less the sampling error.
3. random-digit dialing speeds up the process!
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34. How do Polls assist politicians . . .
detect public preferences. . .
Are their shifts in thinking . . .creating possible “shifts” in policy making.
It has become the issue of selling policy instead of possibly doing what’s right!
Avoiding compromises to appease radical shifts!. Politicians love them when they agree with them, they hate them when they disagree.
5. Bandwagon effects is . . .
jump on board. . .instead of doing what’s right!
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35. QA voters after they vote. What’s wrong w/ them?
6. What is an Exit poll ?
QA voters after they vote. What’s wrong w/ them?
- Can control elections, East votes earlier than west.
7. What is a push poll?
Answer: Opponent asks a negative Q late in campaign and the contender doesn’t have time to respond.
8. Polls can show 3 items. . .
a. relevancy, or salience of a topic + intensity
b. stability
c. direction. . .positive or negative
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36. d. Liberals + conservatives?
Size of gov’t `Liberals `Conservatives
Nat’l, fed big govt, centralized small. . .state. . .decentralized
(b) Change
progressive status quo
(c) international diplomacy
Coalitions Isolationists + Security
(d) View of man
Can be cured Evil, needs order
(e) Use of violence to maintain order
Changing environment disciplinarians
2. True Liberals
a) Blue dogs –
Conservative Democrats, Dixiecrats
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37. Re-alignment of political ideology.
Reagan era shift to the right. . .Clinton era shift to the left, then to the middle. . .Bush era – Right Politically. . .what is this called?
Re-alignment of political ideology.
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38. D. Political participation: The many forms--
How: 8 ways to participate.
1. Voting. Only 50% vote in nat’l elections. Voters see a lack of political efficacy?
Answer: not being able to politically “effect” society through the political process.
They have no influence (T-19)
2. Join SIGS
3. Give $$$$ to SIGS thru PACS
4. Become a political elite
5. Contacting gov’t officials on a regular basis
6. Working on a campaign
7. civil disobedience
8. Violence
Who participates more?
higher SES participate more. . . and get more!
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39. E. Mass Media: Fourth Estate (Mass Media) –Power originates . . .
1st Amendment provides the incentive to report the “News” which is
a timely occurence that “informs the public”.
2. What is a “Media Event. . .
Get your name or picture in print or on the tube! either through “news” events or paid advertising!
Often Politicians “make” news to get on the news.
3. What is a “Spin Master”?
Person hired specifically to promote the image of the candidate! i.e. Reagan era advice:
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40. Answer- Short clip of a dramatic statement from the politician.
7. Competition in the medias has forced them to be much more aggressive and “bend” the journalistic rules of using reliable sources and the “sound bite” and great images! What is a Sound bite?
Answer- Short clip of a dramatic statement from the politician.
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41. 8. Narrowcasting v. Broadcasting. . .
(focus on specific news or issues 24 hours a day) may fulfill political junkies or spin issues out of control.
Or one can turn to the BLOGGERS . . .
9. Politicians can manipulate the press by sending up:
trial balloons to see how the public will react to certain issues. Then back off if the response is negative.
both the political elites and the medias dance to get the upperhand. . .and both seek the advantage in dispensing their agenda. . .
The Press’ wishes to inform the masses. . . vs. the politicians’ attempt to put it in a good light. . .
10. Undoubtedly, “coverage” impacts public opinion!
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42. 11. 4 Mass media roles a. Signaler alert the public ASAP – 24/7 news
b. Agenda setting
focus public’s att’n
c. Common Carrier role
Open channel from politician to constituent
d. Watch dog role
Protect the public from politicians.
There is tension between what two roles?
Common carrier and watch dog
More of a tendency to report bad . . .than a bias tint.
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43. criticisms of the press
Not objective – Biases are prevalent
Only a few own a lot – the big 6
Sensational news more important than the real news.
Selling image instead of the issues

44. E. Amassing public support
Special Interest groups (SIGS)
Purpose of
“influencing” the gov’t at all levels, all branches. No gov’t stone shall be left unturned!
Political parties goals are to:
“make” policy. . . SIGS goal is too:
Influence. . .
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45. Types of groups Biggest:
1. Business or economic sector – heavily funded.
2. Labor
3. Single issue
4. Public interest
5. Smallest
You if you can find a friend.

46. How Influence? Six strategies or techniques. . .
a. Provide data to Gov’t + agencies. Policy specialists ( Pol parties are party generalists)
b. draft legislation via the Iron Triangle (issue) network of
SIGS
Gov’t agencies
Congressional subcommittees
c. lawsuits (amicus curiae, Friend of the court)
class action court cases.
d. education
e. Watchdogs of gov’t. . .
f. Lobbyists- “hired guns or political persuaders, whose job is to promote the SIGS interests via. . .pressure (garnering votes, + $$$$, idealists. )
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47. 4. SUCCESSFUL SIGS: What determines success?
a. size of the group . . .
is it a “potential group”---
a mixture (consumers) of many who “could” belong,
vs.an “actual group” of hard core (NRA) followers.
Potential groups (or large groups) suffer from? “free-rider status”. i.e. all minimum wage earners benefit from minimum wage increases. . .so why work toward it. . .
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48. b. Intensity - Single issue groups - NRA, NOW, Gun Control, abortion
c. $$$$ - As of 1974, corporations and Unions can not directly fund political campaigns. . .BUT Political Action Committees (PACS) , the political arm of SIGS, can fund candidates’ campaigns
w/ what type of money?
Hard $$$ NOOOOT Soft! Or via. . .
527’s
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49. extended $$$ to “indirect” financing (TV ads)
Buckley v. Valeo?
extended $$$ to “indirect” financing (TV ads)
(b). Soft Money Can “earmark” funds to a political party, unlimited contributions. . . $400 million allocated in 2000 election to Dems + Republicans.
Today soft money is not regulated. Citizens United v. FEC
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50. d. Going Public. reaching out to influence public opinion. Ads sell
d. Going Public. . .reaching out to influence public opinion. . Ads sell! a great form of propaganda!
Interest group participation is culmination of political participatory activities.
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51. III. Political parties + elections
A. . US Parties typically been two-party - offering American voters a choice. . .which is what democracy is all about!
1. Historically - Federalists v. anti-federalists
evolved into Democrats v. Republicans although
3rd parties have popped up. What are the types
a. ideological - Socialists, Independents
b. Single issue - free soilers, Greenpeace
c. Economic protests - greenback party
d. splinter - Bull Moose . . .Which 3rd party was “MOST” successful. . .
Bull Moose . . .How judge success?
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52. 3. ALL parties promote same purpose: 6 purposes:
2. Republicans and Democrats have switched in ideological dominance since 1800, referred to as
Re-alignment.. . .
Since 1968, era of “one party runs the Exec Branch, the other controls Congress . . .which could create legislative gridlock. This is called:
“Divided gov’t. . .”
3. ALL parties promote same purpose: 6 purposes:
a. pick Candidates via a nomination
b. runs campaigns
c. establish an image. . .
d. articulate policies
e. coordinate policymaking
f. compete for votes
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53. Down’s Rational Choice theory states . .
centrist policies usually win. . .don’t drift too far from moderate proposals.
2) Many voters have moved to the middle of party identification >>> this is called
Moderation or moderites . . .
Nope. . . How about
a dealignment of party ID.
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54. B. Party machines - each ???? manages its own operation –
The states- decentralized and fragmented system.
1. What dominates - It’s the good boy/girl club. Patronage - Party regulars become gov’t appointees.
2. Finding the right candidates takes parties through “grass roots” democracy all the way through campaigns until election day.
It seems to last foooooooor evvvvverrrrr!
How does one come across a potential party elite?
Be a party regular! and hold a public office at some level - US Congressperson or state Guv
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55. b. Goal of a President candidate running for the candidacy?
Amass enough delegates at the nat’l convention to win the NOMINATION! All 50 states run their own shows! How amass delegates?
(1). caucus (12 states use this road) What is it?
finds delegates for the next level. . . The town mtg.
First caucus?
IOWA and also begins platform development.
(2).Primaries
Electoral event that weeds out the candidates, not parties. . .you can win w/o party endorsement.. .but it is difficult
1968 McGovern-Fraser commission set rules for Dems:
- More Minority representation at DEM convention. But
The super delegates
Top Natl officials get delegate spots
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56. You select which camp to vote in (c) Blanket –
closed primary:
(1) only party faithful can vote
(b) Open primary:
You select which camp to vote in
(c) Blanket –
all parties run on one ballot. - -
Supreme Court said it was unconstitutional, violated basic function of political party - to choose candidates - Democratic party v. Jones.
(d) GOAL- you win the primary, so . . .
you get the number of delegates the state law allocates. Some are proportional, some winner take all. . .
(e) Goal during campaign
>>>> get the BIG MOo o o o! which gives you??? 4M’s. .
(1) Momentum
(2) After all the primaries - tally up your delegates and a majority gets you the . . .
nomination at the convention.
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57. Majority vs. Plurality
Majority needs ____ of the vote. Answer: an example where one needs it AN: electoral college . . .passing legislation A plurality needs _____ of the vote One more than all the others…. Example Winning elections. . . Winner take all means Win it and you get all the bennies Proportional Divide up the pie based on the vote . . .Example Some states use proportional to determine delegates in Primaries
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58. (3) $$$$$$$$. Campaign donations flood in. (4) Media attention
(3) $$$$$$$$ Campaign donations flood in. . . (4) Media attention. . .Press wants to promote a(n) Horse race for the nomination.
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59. C. Nat’l convention 1. Nat’l convention – what happens here?
select presidential + VP candidates,
sets platform, endorses all party nominees for other offices! Ho Hum (T-30)
2. National committee
3. national chairperson
4. Goal after nomination:
form enough coalitions ( of SIGS) to win the election.
5. Campaign highway. Goal:
(a) dominate the media
(b) vanquish your opponent
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60. c. Spends lots of $$$ “money is the mother’s milk of politics”
What was established in 1974 following H20GATE scandal to control flow of money to parties?
FEC . . .what does it do?
•gives public financing to candidates.
•limits presidential candidates expenditures to $80 million per candidate
• requires disclosure of all expenses.
• limits an individual’s candidate’s contributions to $2,300.
•PACs can spend “unlimited amounts”. . .ct case?
(Buckley v. Valeo) indirectly until This was called?
soft money. Now Citizens’ United v. FEC
• -Voluntary contributions
6. Today- many constituents are pulling away from party ID’s -- dealignment- - and this is leading to:
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61. Recent 3rd Party Players?
1. Ralph Nader . . .stole some of Al Gore’s left wing thunder in 2000 election. . .It was that close! and . . .
2. Ross Perot took away George Bush Sr’s thunder in 1992 when Bill Clinton won.
In the ’04/08 elections, were 3rd parties an issue?
c. Third parties have an uphill fight. . .
(1) Single member plurality voting system (winner take all) system favors two parties. . .
(2) Two Big Parties have organization. . .
(3) Two Big parties can moderate views to enhance voters.
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62. E. Elections Legitimizing the political process
1. Elections provide for:
a. Institutionalizing the political process. All forms of political participation can end here ..,
Voting -
b. Access to political power w/o violence. . Ballot instead of bullets.
c. guiding policy direction - either by selecting a new person or by initiatives or referendums?
Special election to vote on voter initiatives.
Election was one of a kind. . . Becuause . .
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63. b. only the 4th time the winner of the popular vote lost an election.
a. US Supreme Ct ruled in Bush v. Gore that: although a recount was legal, the same procedure had to be used in ALL counties, not only those in question. . .
AND there was not enough time to accomplish that mission B4 December 12, when the electoral college was to meet. . .soooooo Bush won Florida and w/ 271 electoral votes to Gore’s So why the controversy???
b. only the 4th time the winner of the popular vote lost an election.
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64. Getting Citizen’s to vote
Sufferage an issue in three constitutional amendments:
15th, 19th, 26th. YOUR 18.
you can vote. . .but too many don’t. 51% in 2000 election. . High 50’s in ’04.
Only 30%+ in off year voting. Many more appeared in 04. MN leads in voter turnout.
2. Who does vote: Six characteristics:
a. Old b. high SES c. Educated d. Gender
e. Married f. union membership
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65. Who doesn’t or can’t vote? WHY?
Not old enough
Aliens
Felons
Too busy
Lack political efficacy
Not registered.
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66. Election Essay
4. Since the 1960’s, the process of selecting presidential candidates has been altered by the changing role of presidential primaries and national party conventions. Identify and explain four effects that have resulted from this change in the presidential selection process.
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67. Election Rubric Effects:
Longer campaigns>> Increased costs >> Early fund raising>>Media coverage >>
Front loading >>Ticket balancing >>
New breed of spin masters >>Full time job to run>> party leadership role declines>>
Regional party blocs>>Primaries, caucuses are REALLY Important>>conventions are not>> truly republican>> Swing states!!
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68. 3. (a) Identify a third-party candidate within the last two decades who received significant popular votes but no electoral votes and provide an explanation for that discrepancy.
(b) Identify a third-party candidate who received significant popular votes as well as significant electoral votes, and provide an explanation for that outcome.
(c) In seeking to win presidential electons, third parties face challenges not faced by major parties. Identify two of these challenges and explain why third parties face these challenges.
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69. IV. Congress + Budget The Independent Politician
Why are congressperson so independent? 4 reasons. . .
Congresspersons (represent themselves and/or constituents. . .not political parties
They do NOT have to support the “gov’t” in power. . .they are “separate”, but equal partners in the political system.
3. A vote against the Gov’t, does not bring about a collapse of gov’t, i.e. GB, Italy, France, Germany. US Gov’t continues day to day operations even w/ gridlock. . .
4. Pol parties do NOT control nominations for office, so they cannot control . . .
how a legislator votes on legislation.
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70. B. Congressional powers
Powers: initiate, modify, approve or reject legislation in a variety of political arenas,
+ they share supervision of administrative agencies . . .
3. build consensus among legislators + constituents.
4. educate
5. oversees bureaucracies
4) investigates
5) House-initiates $$$ bills;
6. Senate-confirms, ratifies executive decisions
a) Art.1 sect 8, clauses 1-17 expressed powers; clause 18- implied powers (raise troops). This is called>>>
Necessary + proper clause – the court case is >>>
b) McCullogh v. Maryland
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71. c) Gibbons v. Ogden – gave us >>> Commerce Clause –
states can’t interfere w/ Congr attempt to regulate interstate commerce!
This led to what legislation in the 1960s?
civil rights legislation
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72. C. Constitutional Requirements
House Senate
Age
Citizen
7 9
Residency Yes Yes
(district) State
Native Born
No No
Members
Occupation Business Law
Law Business
Women ? 14?
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73. representing interests of groups. 2. Congressional goal-
Since both houses possess decentralized power bases, Congress persons engage in Substantive representation >>> which is
representing interests of groups.
2. Congressional goal-
Get elected-- Stay elected!
Incumbency -- What is it?
1) I’m in, now get me out. As party partisanship declines. . .legislators bear more of the burden to getting re-elected.
3. Safe districts prevail-?
90% of reps in the 1980’s got re-elected by 60% of the vote. 50% for senators. Marginal districts claim only 55% or less of the votes. In 2004 election, 90% of incumbents got re-elected.
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74. d) What makes an incumbent so invincible?
1) + visibility -- contacting the constituents. . .somehow i.e. travel home, franking, getting on the news
2) + credit claiming- Casework (helping out constituents to the vast porkbarrel (getting a chunk of that $1.9 trillion and bringing it home to mama. Why did Brainerd get a by-pass?
3) position taking - meeting roll call votes.
4) weak opponents - who lack the cash flow. opponents miss out on #1 + #2 above
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75. e. How are incumbents vulnerable?
(1) Scandals
(2) re-apportionment
(3) gerrymandering - drawing districts to favor one party over another. State issue.
(4) Majority-Minority districts gives minorities advantage in electing minorities.
What court case made majority/minority unconstitutional .
Shaw v. Reno however, Supreme Ct claimed re-districting in North Carolina was unconstitutional
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76. Making policy
A collection of generalists making policy on specific topics.
If one needs to know how to vote on a bill. . .who do you ask ?
a committee person for advice
1. House - Protecting the Masses .
a)–Who is the traffic cop on legislation?
House Rules Committee controls the flow of bills - establishes a “rule” for each bill which schedules it.
b) Leadership – Who is the top person?
Speaker - only office mandated by the Constitution – Who selects?
Party caucus selected – 4 powers?
((a)) Presides over the House; Prez succession – 3rd
((b)) Committee assignments influence
((c)) appoints Rules Committee members
((d)) Influences bill assignments to Committee
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77. Senate a. leadership 1) Vice President - President of the Senate
Significant power?
but he can break a tie vote. . .and it happens
2) Majority Leader - selected by Whom?
Congressional Party caucus. - 3)Minority Leader –
4) PARTY whips-
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78. Committees– what types?
legislation and Oversight
a. Standing Committees
separate subject matter committees
b Joint Committees –
Hse + senate share membership i.e. taxation
c. Conference committees –
Two bills need one explanation- Both houses compromise here.
d. select committees –
for specific reason
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79. f. committees also perform >>>
oversight if and when a bill ever becomes law.
g. Committee chairpersons – How selected? Party caucus. Seniority prevails but majority caucuses now can choose chairpersons. What do they do?
Manage legislation thru bill making process.
h. Caucuses v. party leadership-
legislators ban together under ideological flag: Black caucus, pro-life, pro-choice, gun control
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80. Law Question
Legislation must go through an arduous process before a bill becomes a law.
Describe 3 stages where a bill may be eliminated in the legislative law-making process.
Of the 3 described in (a), explain which one contributes to the most bills being eliminated.
Explain two factors indicating how partisanship is involved in the success or failure of developing legislation.
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81. Law answer
a) There are 15 ways. Must be truly distinct. . .no double dipping. b) Answers my vary, but for example, 90% of legislation is terminated in the committee process. c. Divided gov’t within the legislature. 1) Filibusters 2) Party line voting is high on roll call votes. 3) Party line voting in committee
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82. Bill >>>> LAW
Who can introduce a Bill:
You, legislator, president, bureaucracy. .
2. Speaker or Sen Majority leader does what?
titles it + numbers it.
3. Off to Committee action -
Subcommittee >>>>
schedule hearings, Revise it, approve it, kill it
b. Committee >>>>
schedules hearings, Revise it, approve it, kill it
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83. c. House - Rules committee – Schedules Hse rules for floor action
1) closed rule –
limits debate, amendments
2) open rule –
amendments allowed
3) restrictive rule –
selective amendments
4) A discharge petition???
can avoid “Rules”. Speaker can initiate
5) Suspend the “Rules”
To floor for vote.
d. Senate –Who schedules debate?
House Majority leader. .
OOPS– Senate Majority leader.
Amendments are open for any cause.
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84. 3. Floor action a. Committee of the Whole – Where found?
Hse - (100 or more members) can debate bills. No “riders” can be added. . .
b. Quorum call –
218 House members needed to vote. . .majority passes legislation
c. Senate can add What to legislation?
riders
4. If Senate and/or House disagree, Bill goes to:
Select committee . . .
Oops – conference committee
5. Full House + Full Senate vote on conference committee version --
6. To President for signature or his veto
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85. Passing Legislation? 1. Appeasing the “Chief Legislator
2. Party influence - 50% of the time legislators will vote party line. . . Hse partisanship is stronger than the Senate.
3. Who do legislators attempt to please?
Constituency support - legislators are seen as “trustees” and instructed delegates = politicos,
4. Who else do Reps appease?
SIGS + lobbyists - Been restricted by Congress in reporting who they represent and how much they spend. . ..
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86. GEE. The Federal $$$$ Tree. . .
The annual assessment of gov’t expenditures + assets
Budget
Gov’t collects $$$ via and spends it via expenditures. If tax allocations are higher. . .it’s a(n)
entitlement . . .
OOPS – Surplus
b. if expenses are higher. . .it’s a
debt >>> Add them up it’s
national deficit
OOPS deficit. . .big one is a debt,
c. a $11.2 trillion dollar shortfall. . .of which 10% of the current budget pays JUST the INTEREST.
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87. Income tax – which Amendment:
2. Federal income:
(1) #1 source
Income tax – which Amendment:
16th power to tax people via the IRS - 50%
(2) Corporate tax- 10%
(3) Social Insurance - FICA - 33%
(4) Borrowing - Debt load - shifts burden to future tax payers. Provokes thoughts of a “balanced budget amendment” w/ certain provisions.
(5) Lost Federal income-?
Fed tax “loopholes” the Grand DEDUCTION: -- Tax BREAKS! TAX
Expenditures
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88. 3. Federal expenditures top 3: (1) Education
OOPS - Social Service state- (income security costs for the elderly, the poor, and the needy- Social Security Act 1935, Medicare 1965, 1/3 of federal budget.
(2) National Defense
(3) Interest on the Debt
The budget process is based on what idea? How much should I get next year. . .
incrementalism –
Discretionary expenditures
Increase last years budget by an “increment” to satisfy this years budget. Your budget proposal goes to whom? OMB
(2) Uncontrollable expenditures - 2/3 of the budget
entitlements - You qualify, you get them, no matter what the cost to the gov’t, even if all the funds are depleted. . .
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89. Where does the budget process Begin:
1. Federal agencies submit their requests to
OMB. . . Who consolidate requests and then gives them to the president who then
2. Puts together the budget and delivers it via State Of The Union .
3. Congress then holds hearings w/ the standing committees and finally approves the . . .
4. 13 Appropriations bills. President signs it!
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90. Budget Reform
Instead of just thinking we will only spend so much, Congress has established reforms to improve the process Act
(a) Fixed budget calendar
(b) budget committee
(c) CBO
(d) 1974 Reforms - budget resolution established in April sets the bottom line
(1) budget reconciliation- change appropriations to reflect proposed savings
(2) authorization bill ????
sets program spending limits.
(3) Appropriations bill –????? Show me the $$$$
funds programs based on an authorization bill. Can’t go higher, but can give lower amounts.
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91. Social Policy What are the two types of social welfare?
Student scholarships and grants
OOPS:
1) Social Insurance. . .
a. Transfer payments:
Benefits given by the gov’t to individuals
b. Cash pay outs –i.e. Social security payments; Entitlements- also referred to as social insurance programs- you pay, you play! Also Unemployment Insurance
2) In-kind transfers – food stamps, low interest college loans.
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92. 2. Public assistance program:
Funded by tax revenues and available only to the “needy” through a “means test”?
One must prove they need “welfare”.
TANF (Temporary Assistance for Needy Families (formerly AFDC) that was put in place by the 1996 Welfare to Work Act
1)) Five year welfare status.
2))Must find work w/in two years
3)) unmarried teen mothers must stay in school and live w/ parent or guardian
4)) Mothers must ID deliquent fathers
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93. a. Which program does the public view more favorably: Means tested or social insurance programs? Why?
Answer: Social insurance programs are entitled because you pay into it.
Means tested are often viewed as “throwing $$$ at a problem, not necessarily fixing the problem.
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94. Education works . . .BUT . . .
Enforcement is difficult w/ the caseload and the thought of reducing gov’t costs.
Education . . .
the Horatio Alger approach of bettering oneself through school is a popular. . .and expensive notion.
Fact: the quality of education depends significantly on the wealth of the community in which a child resides.
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95. . Largest state budget allocation is education. . .but
Parents want results:
School choice. . .let schools compete
Voucher system:
Court ruled states can give parents vouchers for private access to schools >>>
Zelman v. Simmons-Harris (02)
3) Purpose of NCLB . . .
Integrate public schools via busing
Nope that was Mecklenburg . . .
Set Nat’l standards for math + reading
4) Race To The Top…
President Obama’s Education Initiative
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96. Congress Essay
2. Political scientists often note that “Congress is too responsive to constituents, and, especially to organized interests. . .” while others argue that Congress is too insulated from ordinary citizens.
a. Identify an organized interest and explain what characteristics the interest may possess so Congress would address its needs.
b. Describe how Congress can “insulate” itself from its constituents and provide an example to support your claim.
c. Explain how Congress can overcome organized interests and better meet the needs of its constituents
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97. Congress #1 Essay Rubrics
Size, Educate, $$, Lobby (amicus curaie)
Prioritize agenda, Senate terms, Casework, Hire spinmasters????, Set limits on lobbyists, Log rolling
Polling. Use bennies of incumbency. Safe districts. Raise $$ to fight SIGS
c. Earmarks and porkbarreling. . .log rolling.
Target negative spin.

98. Practice Essay #2
The framers of the United States Constitution created a legislative system that is bicameral. However, it is not just bicameral; the framers also established two houses distinctly different in character and authority. (06)
A. Explain two reasons why the framers created a bicameral legislature.
B Identify one power unique to the House of Representatives and explain why the framers gave the House the power.
C. Identify one power unique to the Senate and explain why the framers gave the Senate that power.
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99. V. President + Fed Bur
Which Article sets the stage for “Executive Power to be Vested in a president. .
II.
So What does Art VI do?
Supremacy Clause
1. Constitutional Requirements
(a) 35 or older
(b) natural born
(c) 14 years of residency
(d) term limits ? Which amendment?
22. amendment-2 terms plus2)
(e) disability of president turns to . . .
to 25th amendment + succession process. A new non-elected VP needs approval from both houses.
(f) popularly elected, sometimes (accidential presidents)
Not elected by the populace . . .
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100. Formal Powers Domestic Power of the purse. . . NOPE
1) Chief legislator-State of the Union, advises,
approves or veto’s legislation
2) Chief executive . . .
3) Administrative powers - enforce the laws, select gov’t officials (w/Senate approval); run the bureaucracy via “Executive Orders”. “Take Care” clause of Article II.
4) Judicial powers - reprieves, pardons, commute federal felons; nominate federal judges w/ Senate majority confirmation.
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101. Formal Foreign policy powers
1) National Security
a) commander in chief
b) Head of State (receives ambassadors and other heads of state)
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102. Informal powers
a. presidential precedent (Washington turning to a cabinet for advice)
b. Actions of Congress –
giving president power i.e Gulf of Tonkin Resolution v. War Powers Act.
c. Media’s use of the Bully Pulpit. Prez goes directly to the people. i.e. Clinton in ‘97 budget freeze. . .Congress lost that battle.
d. Executive Orders Can be formal or informal
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103. Executive Branch
1. VP is a heart beat away. . . His/her qualifications?
a. Same constitutional requirements as president.
b. Political professional, eases one into the congressional gridlock.
c. faithful follower which might deter his own presidential ambitions. i.e., Bush + Gore.
d. Which amendment changed how VP was selected?
12th
2. Cabinet positions -- How many
-14 secretaries and the AG
All must be confirmed by the
. . . Senate.
a. Responsibilities- execute presidential and congressional
b. Requirements- President supporters, usually partisan selections,
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104. EOB What is its function?
More advisors for domestic and foreign policy. In theory partisan, in reality, civil servants who stay as presidents move on.
Office heads appointed + confirmed by Senate
a. NSC - crisis mg’ment- liaison to military, CIA
b. CEA - economic trend management
c. OMB- presidential budget oversight; watches Congress and the Bureaucracy
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105. WHO(s)
Partisan followers whose sole function is to support the president.
If not, find another job. West Wing residents whose purpose is to oversee the political and policy interests of the president-
no Senate confirm here!
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106. The other beaurocrats
filled by “federal” employees (85%) unless truly specialists in a given field (lawyers or businesspersons).
a. Party ID not that relevant because . . .
b. Appease caucus groups: Hispanics, women, blacks, elderly, far right constituents. Here are your participants in the issue network.
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107. President Quality . . . How get others to follow -
1. Act of Persuasion - Constitution is vague on what the PRESident can do. . .so great leaders get creative --
a. Powers enhanced by:
1) national constituency -
2) ceremonial head of state - and party, at least in first term. This can erode quickly if one’s party deserts you and others compete in the primaries against you! It’s tough to beat an incumbent!
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108. Who does the President have to appease?
a. DC political pundits - can one do the job? Can one possess power- (charismatic leadership)
One gets 100 days to show your stuff! Make it count because the “honeymoon is over.”
b. partisan grassroots- Chief of Party- Be a good Republican.
c. Joe Public- Use the polls to your advantage. TV spots are what you make them. When you are hot, your legislation flows, your fellow party people get re-elected. (coat-tail effect)
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109. Chief legislator in name only. . . the power is shared with Congress
a. Advises- 4 ways
(1) shapes policy (2) consults Congress (3) bargains
(4) appeals to partisans (friends to the party)
b. Disapprovals
Veto - It takes ____ of Hse + Sen to override. –
2/3 of congress to override
___ day limit or its law. Overrides seldom happen
Pocket veto –
Congress adjourns; After 10 days it fails
b) line-item veto- State guvs can eliminate portions of a bill ‘96 Congress approved and President agreed for an “enhanced rescission” of legislation. President had 5 days to “line-out” legislation. BUT Supreme Ct ruled it unconstitutional (Clinton v. City of NY)
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110. Party and the Presidential Agenda . .
1.) party support - 2/3 of the time party discipline prevails. But lack of consensus on policies and diversity of constituents hurts.
Congresspersons follow constituents first. . .
2). Off year elections are not popular for Prez’s
except for Clinton in ’98 + GW in ’02. In ’06 history prevailed.
3). Public approval gives leverage, not commanding influence. “Going Public”
4). Does one pursue a number of issues (Clinton) or just three or four (Reagan)
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111. Foreign Policy
Some created by one’s agenda. . .some inherited by past presidents.
Some domestic, some foreign. Factors that influence decision making:
1. Chief Diplomat
a) extend + terminate diplomatic recognition
b) Negotiate treaties w/
2/3rd Senate confirm.
c) executive agreements-
d) initiate nuclear war, the President’s call.
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112. 2. Commander in Chief- Cold WAR V. HOT WAR
Global military reach- Going to war w/o declaring war - police actions - Korea+Vietnam, Panama, Grenada, Iraq
Foreign policy history:
a) Isolationism – Monroe Doctrine established the “homefront” – The America’s
b) WWI we went “Over there” + Prez Wilson wanted involvement in a “League of Nations.
Senate said no.
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113. Also McCarthyism raging at home to thwart commie infiltration.
c)) WWII + Cold War – Defeated Japan + Germany and a power vacuum occurred that the Ruskies wished to fill.
1)) Containment policy vs. USSR’s Communist Expansion. . .Greece, Korea, Vietnam, Western Europe. NATO vs. Warsaw Pact.
Also McCarthyism raging at home to thwart commie infiltration.
d)) Era of Détente – Lessoning of tensions. . .de- nuke in the 70’s after the 60’s madness.
e)) Ray Gun’s Star wars initiative“broke” the Soviets. Or was it the Afganistan invasion of 81
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114. g) Terrorism is the next target. . .
f) USSR crumbles. . .China views a mixed economy. Eastern Europe throws off the yoke of Communism. USSR is liberated. The wall falls 1989
g) Terrorism is the next target. . .
1) Kuwait + the multi-lateral coalition vs. IRAQ
2) Unilateral theory of Bush 43 to finish off
Iraq + pursue the “Axis of Evil”. Any one who “harbors” or protects terrorists are against us.
3) What is the difference between multilateral and unilateral?
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115. 3 Instruments of Foreign policy
1. Economic – sanctions, embargos, trade. . .Globalization prevails . . .
2. Military – conventional – unconventional- MAD scenarios
3. Coalition building
a. UN, CENTO, SEATO, OAS, EU
b. Multi-national Corporations
4. The Players
a. President + his major players – Defense, State, NSC
b. Congress
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116. 1) President can dispatch troops for 60 days w/o Congressional approval. . .then
2) War Powers resolution - Congress must allocate funds or troops are coming home. Gulf War Congress issued a resolution in support same in war on terrorism.
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117. (a) President can “VETO” legislation
1. Domestically
(a) President can “VETO” legislation
(b) Congress can also prevent Presidential “actions” –
LEGISLATIVE VETO – President can’t put actions into place until a day waiting period. . .Congress submits a “resolution” to deny the Presidential action. . .
(1) SC (Chadha case ) ruled it unconstitutional,
Congress passes laws, Prez signs them into LAW. . .
(2) But Congress still uses the LEG VETO as a threat to control the bureaucracy!
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118. (c) Congress can pull back funding if Prez doesn’t spend the allocation. . . . What is that called?
Impoundment of funds. . (1) Budget Reform ACT of Does the Prez have to spend all he gets. . .He can’t spend what he doesn’t get!!!
2. Foreign Policy
(a) War Powers Act 1973 – MUST notify Congress. . .but does he need their approval????
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119. Impeachment
Reason –
House may charge the president, by majority vote, for “Treason, Bribery, or other high Crimes and Misdemeanors. Submit Articles of Impeachment to the
2. Senate,
which holds the trial with the Chief Justice and presiding judge. 2/3 of Senate votes to convict. . .That’s a supermajority vote.
3. Two Presidents have been impeached,
NONE
convicted. Johnson, + Clinton. . . Nixon resigned B4 trial.
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120. Federal Burocracy
Federal Civil Service -- powerless patronage - it’s what you can do (merit principle) instead of who you know( the spoils system)
In 1883 this established federal civil service
Pendelton Civil Service Act-
b. What prohibits civil servants from becoming political activists while working?
Hatch Act- Prohibits Political Activism
c. Who hires and fires. Office of Personnel Management (OPM)(1) -
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121. Bureaucracy organization
Burocracies follow what model. . .
Weberian Model – What makes it so unique?
1) Hierarchy
2) task specialization
3) merit base – not patronage. An assassins bullet changed the system.
4) Impartiality
5) A culture – “This is how it is done here” type of attitude.
b. Acquisitive/Monopolistic
1) Maximize one’s budget-
2) Only show on the block - monopoly
3) fear of privatization
c. Garbage can - Buy something and then find a use for it.
Solutions are in search of problems.
d. American bureaucracies share each of the above theories in administering to the needs of the American people.
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122. Federal Hierarchy
a. Cabinet Departments- 15 of those - although some have been in jeopardy - i.e. What does “the Commerce” department do? Interior
b. Regulatory Agencies –
affect economy by making and enforcing rules designed to protect the public interest. Munn v. Illinois (1877) ICC followed in 1887 to regulate RR’s
Small commission oversees agency. Appointed by president, confirmed by Senate for fixed terms - Oust via Just Cause!
SIGS attempt to impact Regulatory agencies!
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123. 2) NLRB (Nat’l Labor Relations Board)
1) FRB (Federal reserve Board - Regulates $$$ supply > interest rates.
2) NLRB (Nat’l Labor Relations Board)
3) FCC - licensing and managing the HUGE TV, telephone, internet; with some success.
4) FTC - monopoly watch - ad accuracy
5) SEC - police stock market.
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124. Gov’t Corporations
like prv’t corps. Provide services and charge for them
1) TVA
2) US Post Office - the largest corp.
3) Amtrack
d. Independent Executive Agencies - all the rest. Chiefs appointed by the president
1) GSA – General Service Administration
2) NSF - Nat’l Science Foundation
3) NASA -
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125. Policy implementation
Congressional laws Presidential orders, Judicial decisions and make them into policy .
a) Assign (new or old) agency the task.
b) Set up operational rules and develop guidelines
c) Coordinate resources and personnel.
d) BUT best laid plans go astray
1) Program design is faulty. . .What is said in Washington may not fly in Las Vegas.
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126. 4) SOP’s + red tape - frustrate constituents-
2) lack of clarity in the idea - i.e. Title IX equality for men and women sports. What does “equal” mean? law states “reasonable provisions” to provide equality. . .What is “reasonable”?
OR - immigration keeps out the terrorists but allows immigrants into an open door country?
3) lack of resources - - AIDS prevention, INS problems, DOE auditting, FAA and IRS are undermanned. FDA and drug testing.
4) SOP’s + red tape - frustrate constituents-
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127. 5) Administrator discretion - Politics is a factor.
So is constituent pressure!
6) Diffusion of responsibility - the Drug War is Justice, customs (Treasury) , military (Defense) State and more. . .and then Congress is involved. It often gets fragmented.
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128. Too much regulation
Costs the private sector which means it costs the consumer.
Is America losing its competitive edge vs. foreign countries?
Does “red tape” strangle the system?
Command and control policy
vs.
Incentive system = punish the offenders only
Emphasize free market strategies.
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129. Controlling the Bureaucratic morass
a. Presidential orders
1) Appointments
2) issue executive orders
3) Budget squeezes
4) Re-organize (deregulation move)
b. Congress
1) influence appointments
2) budget influence
3) hold hearings
4) rewrite legislation
5) Let the private sector do it- deregulate!
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130. Practice Essay
1. The concept of “divided government” in the United States means that one political party can control the executive branch while another controls the legislative branch. This poses problems for the President in making appointments to federal offices. (02)
a. Describe two problems that divided government poses for the President in making federal appointments.
b. Identify and explain two ways Presidents try to overcome the problems described in (a).
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131. Essay # 1 Rubrics
Problems (2) – Greater policy conflict; narrows candidate field; Offices unfilled; Tougher committee scrutiny; Confirmation harder; Character assassinations on cands.
Overcome (4) = Gen public support; Compromise; build congr coalitions; dealmaking (veto threat) Find SIG coalitions; Make interim recess apptmts; Better bckgrnd screening; pick minority candidates; Turn to WHS for guidance instead of hostile apptmts.
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132. Practice Essay #2
Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers of the presidency. (04)
a. Identify two formal constitutional powers of the President in making foreign policy.
b. Identify two formal constitutional powers of Congress in making foreign policy.
c. Identify two informal powers of the President that contribute to the President’s advantage over Congress in conducting foreign policy.
d. Explain how each of the informal powers identified in (c) contributes to the President’s advantage over Congress in conducting foreign policy.
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133. Rubrics #2
A.(2) ID’s= Co in chief; appt for policy officials; Recog nations; Receive Ambass
B. (2) IDs = confirm abass, pwr or purse;declare war; pass resolutions/aws; reg for commerce; ratify treaties.
c. (2) Id’s informal = Exec Agreemts; Media Access-Bully plpt; Agenda setting; Cris mgr; Coalitions; President more fp access; Global ldr status;
d. Prez + > Persuade Congr; Persuade public; can circumvent the formal process via EO’s
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134. Review Q 3
43.”The president and Congress may get more attention in the news, but it is the bureaucracy that has the more immediate impact on the daily lives of Americans.”
Thomas Patterson
 a. Assess the validity of this statement by explaining three principles that leads to a bureaucracy’s system of organization and control.
 b. Describe the functions of three of the four bureaucratic agencies listed below.
Cabinet Departments
Independent Agency
Regulatory Agency
Government Corporation
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135. Rubrics #3
a. Assessment interpretation may vary. The three principles are hierarchical authority, job specialization, and formalized rules. (4 points) b. Functions are: Cabinet Departments provide are the major administrative organizations that are responsible for a general policy area. Independent Agency are similar to cabinet departments except they have a narrower area of responsibility. Agency chiefs are appointed by the president but do not have cabinet rank. Regulatory agencies monitor and regulate economic activities. Government Corporations charge for a service like the Post Office or Amtrak. (3 points)
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136. Essay Q 4
3. Presidential powers have evolved over time as presidents have exercised their authority in leading the nation.
a. Describe the difference between the Whig (Anti-federalist) theory of the presidency and the stewardship (Federalist) theory of the presidency.
 b. Explain how two of the presidential powers listed below would be asserted under the Whig theory of the presidency. Provide examples to support your analysis.
Chief Executive
Chief Diplomat
Legislative Leader 
c. Using the same powers identified in (b), explain how the presidential powers would be asserted under the stewardship theory of the presidency. Provide examples to support your analysis.
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137. Q 4 Rubrics
a. The Whig theory holds that the presidency is a limited or constrained office where the president is limited to his specific constitutional powers. The stewardship theory maintains that the president should be a strong, assertive, and forceful leader, using implicit interpretations of his powers to lead the country. (2 points)
b. Congress initiates policy and it is the responsibility of the president to administer this policy. (4 pts)
c. In the stewardship theory the president can do anything that is not specifically forbidden by the Constitution. For example, he cannot declare war but he can send troops into hostile environments without Congressional approval without violating the War Powers Act. Executive powers are definitely vested in the president and a strong-willed president can attempt to lead the country without Congressional support or approval. Executive orders, agreements, interim appointments. . .are a few examples for each of the two selected. (4 points)
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138. V. Judicial / Civil Lib + Civil Rights
A. Define Rule of Law –
Ans: society establishes regulations, principles + norms coordinated by unbiased individuals.
B. Federal law + courts are outlined?
1. Art III judicial pwr shall extend to all cases, in Law + Equity. . and vested in one Supreme Ct + in such inferior crts.
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139. Essay #3
There are several constraints that make it difficult for a president to develop a program.
For two of the constraints below, Identify a specific example and explain why it made it difficult for a president to pursue his program.
Crisis
The federal budget
Adverse popular reaction
6 pts; 3 pts per constraint.
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140. 2. Constitutional courts -
1) Judiciary Act of 1789 gets Fed district cts.
These cts have ? jurisdiction
original jurisdiction
b) only ct’s to hold trials w/ juries (only 3% end in ruling, the rest are plea bargained)
c) Who selects these judges + how?
Answer: president thru confirmation process
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141. appellate jurisdiction b) How many districts 12 districts c) Function:
2) Ct of Intern’tl trade
3) Court of Appeals
Jurisdiction?
appellate jurisdiction
b) How many districts
12 districts
c) Function:
correct mistakes made in district cts.
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142. original and appellate jurisdiction b) # of justices 9
4) Supreme Ct - (T-61)
Jurisdiction?
original and appellate jurisdiction
b) # of justices 9
c) Types of cases?
Constitutional issues (14th amendment)
5. Other courts:
Special cts + legislative cts (set up to deal w/ powers of Congress)
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143. d. Jurisdiction 1) original – trial starts here. 90% end here
2) appellate –
adverse decision from lower ct. or highest state supreme ct sends it up to US Supreme Ct.
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144. e. Judge portfolio 1) How are federal judges selected?
Presidential appointment w/ Senate 2/3 vote to confirm
Senatorial courtesy –
home state senator can immediately VETO a confirmation w/o discussion.
2) Term –
Lifetime appointments for all fed judges. Why is that so special?
Can enhance a president’s legacy
3) impeachment
Yes - (7 in US history) is available for “unacceptable” behavior.
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145. 5) Confirmation could go badly if:
4) Judge must meet the “litmus test”? - - ideological purity is critical
What make appointments more difficult? Divided Gov’t makes it more difficult to select and confirm judges.
5) Confirmation could go badly if:
a) you have the minority party in Senate
b) Pres is in the late term selections
c) Judge has ethics violations, can nix nomination. i.e. Clarence Thomas survived, Robert Bork did not.
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146. f. Qualifications 1) Most are Lawyers 2) Male (2 female selections)
3) White (2 blacks selected, i.e. Thurgood Marshal + Brown v.
4) upper middle or upper class
5) Protestant
6) Party favorites - only 13 of 108 SC judges non partisan selections. 90% partisan selections.
7) IDEOLOGY is the KEY factor
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147. g. Case work
1) What gives the Courts their power over Leg + Executive decisions?
Judicial review gives fed cts power to “hear” federal questions and overrule Leg + Exec branches -- overturned 100 rulings
The court case?
Marbury v. Madison 1801 provided right of Judicial Review. . .
2) Rule of 4 culls
through 7500 case + selects about 100. (T-62)
3) Solicitor Genrl
assists in Appellate ct case load possibilities. . .
a) writ of mandamus –
Court demands ACTION
b) writ of certiorae-
Certificate FROM SC requesting a case be sent up.
c) Writ of Habeas Corpus –
Jailers must explain why holding a suspect.
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148. Deliberations + opinions
Chief justice delegates authority to writing WHY we (the SC) voted. Only 1/3 of decisions have been unanimous.
concurring –
We agree and here is why
OR-could stress a “different” constitutional or legal foundation for the opinion
b) dissenting –
we disagree
c) stare decisis –
decision stands -
d) How many judges does one need to vote?
SIX judges to vote –
How many to decide a case?
MAJORITY. Tie votes retains lower Ct decision.
Need five votes to set a . . .
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149. e) Precedent lower cts follows decisions of higher cts.
Can SC overrule its own decisions ?
Yes -- (200 times) because times change. i.e.
Brown v. Board of Educ (54) (Integrate)
overruled
Plessy v. Ferguson (1898)
(Separate but equal)
Congress can re-initiate legislation the following term.
(e) Interpretations can follow strict constructionist beliefs ???
(original intent of the constitution) v.
Activist decisions
Liberal interpretation that widens Constitutions original intent> i.e.
Gibbons v. Ogden
Political climate can indicate the ideological tendencies of the bench.
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150. Court History 1) First Trimester - Developmental issues
i.e. Marbury v. Madison –
Offices
Mccullough v. Maryland
Nat’l bank + Necessary + proper clause (implied powers)
Barrons v. Baltimore
Equal opportunity is a national issue
2) 2nd Trimester - Economic issues
Munn v. Illinois
(1877) set up ICC
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151. 3) Last trimester - social issues Most liberal court?
Warren Court set “liberal precedents in education, civil liberties, re-apportionment, 1960’s
b) Burger Court (a Minnesotan selected by Nixon was more conservative although it set precedent w/ Wade v. Roe.
c) Rehnquist Court - limited rights established by Warren Ct, not reversed; affirmative action policies severely scrutinized.
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152. B. Civil Liberties 1. define -
Individual legal and constitutional protections v. Govt.
CL’s are found in where ?
The Bill of Rights (1-10) and the SC is the final arbitrator.
Winds of change shift these interpretations, especially in time of war (cartoon)
2. Bill of rights review
a. Freedom of Expression (religious, press, speech, assembly – is found where?
1st Amendment
b. Privacy
(3+4)
c. Defendant’s rights
(5-8)
d. Other rights
(2,5,9-10)
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153. 5. Door is now open for Bill of Rights enforcement:
3. Only a federal issue Barron v. Baltimore, states or local gov’t could infringe on civil liberties until SC ruled in 1925 that states must follow SOME 1st Amendment rights
Gitlow v. New York BUT
4. SC used the 14th Amendment as the precedent, not the 1st. States could NOT abridge 1st Am freedoms.
This is called:
Incorporation doctrine - States have slowly come under the Bill of Rights.
5. Door is now open for Bill of Rights enforcement:
Have all the amendments been incorporated?
No, 1,3,4,5,6,8 have been, 2,7,9,+`10 have not. What is that called>
Selective incorporation
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154. 2. Ist Amendment Tinker v DesMoines- Dress codes 2. Gitlow v. N.Y. –
Incorporation Doctrine
3. Lemon v. Kurtzman-
Aid to churches follows set guidelines
4. Engel v. Vitale-
Prayer in schools is unconstitutional
5. School District of Abington Township v. Pennsylvania v. Schempp-
Prayer violates establishment clause
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155. -no prior restraint censorship 7. Schneck v. U.S. (1919) –
6. Near v. Minnesota (1931)
-no prior restraint censorship
7. Schneck v. U.S. (1919) –
Govt could restrict inflam rhetoric
8. Brandenburg v. Ohio-
can incite w /o lawless action
9. Zurcher v. Stanford Daily
NP’s files can be searched
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156. Obsentity cannot be protected by the 1st 11. Miller v. California
10. Roth v. U.S.
Obsentity cannot be protected by the 1st
11. Miller v. California
Community standards sets Obscen but what is lewd
12. N.Y. Times v. Sullivan –
Malice
13. Texas v. Johnson –
Flag burning is symbolic speech
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157. No files for harassment purposes
14. NAACP v. Alabama-
No files for harassment purposes
15. U.S. v. Playboy Entertainment Group -Target block v. ban
16. Red Lion v. FCC -
Gov’t can restrict broadcasts.
17. Reno v. ACLU –
1st Amendment applies to internet
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158. 3. Restrictions on 1st Amendments?
1) unprotected speech include: obscenity, defamatory speech, pornography, fighting words, seditious speech. The PRess now includes cable, faxes + s
2) Freedom of assembly restrictions:
lawful + nonviolent; order maintained by time, place, manner; precise, fairly administered and content neutral.
NO private property trespassing!
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159. 4. Accused rights 4th, 5th, 6th, 7th, 8th Amendments:
1). Original intent to protect rights from political arrests. Now it has expanded to protecting rights of the “accused”. >>>
2). Due Process (T- )
a) To arrest or search for evidence MUST have:
Probable (Reasonable) Cause to arrest + gather evidence-4th Amendment restricts
unreasonable searches + Seizures +
Writ of Habeus Corpus
issued forbidding imprisonment w/o evidence (Art 1)
Exclusionary rule-
Can illegally seized evidence be used against the accused?
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160. d) Questioning - no forced incriminations (5th) + no excessive bail
3) Prosecution ( or plea bargain) > Trial
Speedy trial w/ a jury
(6th, Art III) +
no double jeopardy
(5th);
confront witnesses
(6th)
4) Verdict > Sentencing (if needed)
No cruel or unusual punishments
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161. Exclusionary rule holds for states too. 18. Miranda v. Arizona –
17. Mapp v. Ohio-
Exclusionary rule holds for states too.
18. Miranda v. Arizona –
Police questioning of suspects
19. Jacobson v. U.S. -
IS IT OR IS IT NOT ENTRAPMENT
20. Gideon v. Wainright-
Felony charged defendants need counsel
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162. Only Cap Punish defendants get couns 22. Fuhrman v. Georgia-
21. Betts v. Brady –
Only Cap Punish defendants get couns
22. Fuhrman v. Georgia-
Sentencing too random, but CP is OK
23. Harmelin v. Michigan
-severity isn’t necessarly cruel
24. Gregg v. Georgia-
Cap Punish is severe, but not cruel
25. McGlesky v. Kemp-
Cap Pun does not violate 14th Amend
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163. 26. Griswold v.Connecticut- Privacy issue over Birth control 9th
27. Roe v. Wade-
Trimester ruling unleashed abortion issue
28. Webster v. Reproductive Health Services-
states can control who performs abortions, i.,e. state employees
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164. No fed funds for planning abortions
29. Rust v. Sullivan –
No fed funds for planning abortions
30. Planned Parenthood v. Casey- abortions can be regulated
31. Sternberg v. Carhart –
partial birth abortion is legal
32. Cruzan v. Director, Missouri Dept of Health-
patients can refuse med treatment- informed suicide
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165. C. Civil Rights - 1 Gov’t does not discriminate against us
2 Gov’t protects us from interference by private individuals.
3. Framers referred to these rights as “NATURAL RIGHTS”, rights of all people to dignity and worth.
Today they are called HUMAN RIGHTS.
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166. a) 1st mention of equality is
4. The opposite of affirmative action is Discrimination - denying access.
5. Equal Justice - not equal results or equal rewards. . .the Constitution does NOT intend to provide equal condition. . . just equal opportunity - Life should get better.
a) 1st mention of equality is
14th Amendment - All will have “equal protection” unless there is a “compelling public interest” to discriminate.
b) Burden of proof is on the state. THEREFORE to right a past wrong, I may have to discriminate to RIGHT past ills for a period of time!
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167. Black Issues a. although the 13th Amendment prohibits . . .
slavery – Overturned
Dred Scott v. Sanford
b. 14th Amendment
Equal protection
c. 15th Amendment –
Right to vote (1870)
e. Segregation and White Supremacy prevailed.
Jim Crow Laws that preached a separate society.
What court case established this behavior?
Plessy v. ferguson.
Separate but equal
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168. 4) accessibility to public accommodations f. What was formed in 1910?
1) voting
2) Housing
3) Job procurement
4) accessibility to public accommodations
f. What was formed in 1910?
NAACP.
(1) President Truman and Eisenhower integrated the military and Fed Bureaucracy
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169. Brown v. Board of Education (1954) – Ended segregation…
2) As Congress dragged its feet w/ a Southern Senatorial block, the executive and judicial branches responded.
Brown v. Board of Education (1954) –
Ended segregation…
Segregation by law
“de jure segregation” was unconstitutional. But de facto segregation-
segregation by choice or reality- still prevailed
until Swann v. Charlotte Mecklenburg Board of Education 1971?.
the SC ruled that schools will re-district to end segregation via busing, a very unpopular device to integrate.
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170. a) Da Vote - Voting Rights Act of 1965
1) ended the means to effect sufferage.
b) 24th Amendment ended what? (3)
Poll taxes, White primaries, gerrymandered districts, all were thrown out.
c) This has also established “minority v. majority districts that promoted minority electorates What ct case ended that?
but Shaw v. Reno and other cases has condemned the design of districts using race as the predominant factor.
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171. Women’s issues
Women in the work force has provided economic equality (by some measurements). Political equality came with which Amendment ?
19th (1920) but ERA fell short in 1987.
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172. Gender discrimination status
Rational base test - Is it reasonable to have boys’ compete VS girls in hockey; The court case?
Reed v. Reed st discrimination ruling based on gender.
2) Heightened/medium scrutiny- Important gov’t objectives exist for gender based law.
Orr v. Orr. Alimony only to women. . .NOTTT
3) Strict Scrutiny standard.
A Man gets the raise because he is the major wage earner, not the female. . .NOTTTTT. Fundamental rights are at issue here. . .
4. What banned sex discrimination in hiring, firing and compensation?
Civil Rights Act of ‘64 + ‘72
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173. Affirmative Action
a. Results have provoked reverse discrimination charges –
Regents of U of Calif v. Bakke overruled Adarand v Pena. ???
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174. CR Essay
2. The Supreme Court ruled in Barron v. Baltimore (1833) that the Bill of Rights did not apply to the states. Explain how the Court has interpreted the Fourteenth Amendment to apply to the Bill of Rights to the states. In your answer, briefly discuss the Court’s decision in one of the following cases to support your explanation.
• Gitlow v. New York (1925)
• Wolf v. Colorado (1949)
• Gideon v. Wainwright (1963)
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175. • Brown v. Board of Education of Topeka, Kansas (1954)
2. Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all of United States politics.
a. Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics.
• Brown v. Board of Education of Topeka, Kansas (1954)
• Baker v. Carr (1962)
• Regents of the University of California v. Bakke (1978)
b. Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics.
• Mapp v. Ohio (1961)
• Gideon v. Wainwright (1963)
• Miranda v. Arizona (1966)
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176. CR essay #3
Since the 1950s, Congress has passed landmark legislation that has advanced the civil rights of its citizens. Select two pieces of legislation below and with your knowledge of American politics, answer the following.
a. Identify a specific ethnic or minority group and explain how it was impacted by this legislation
•The Twenty-fourth Amendment
• Civil Rights Act of 1964
• Title IX Higher Education Act (1972)
• American with Disabilities Act of 1990
b. Identify an ethnic or minority group that was inversely affected by two of the pieces of legislation selected in (a) and explain how it impacted them
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177. ‘o5 essay exam Q’s
1. Explain how each of the political factors listed below make it difficult for the federal government to enact public policy. (01)
Provide one example for each explanation.
• Divided government
• Weak party discipline
• Growth in the number of interest groups and political action committees (PAC’s)
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178. a. Discuss two demographic characteristics associated with nonvoting.
2. Elections in the United States are characterized by low voter turnout.
a. Discuss two demographic characteristics associated with nonvoting.
b. Discuss three institutional obstacles associated with nonvoting. (98)
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179. a. Define political efficacy.
1. Citizen’s often choose to participate in the political process other than voting to increase one’s political efficacy.
a. Define political efficacy.
b. Identify two forms of participation in the political process other than voting.
c. Explain two advantages of each form of participation you identified in (a) that would increase one’s political efficacy.
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180. 2. Presidents are generally thought to have advantages over Congress in conducting foreign policy because of formal and informal powers of the presidency. (04)
a. Identify two formal constitutional powers of the President in making foreign policy.
b. Identify two formal constitutional powers of Congress in making foreign policy.
c. Identify two informal powers of the President that contribute to the President’s advantage over Congress in conducting foreign policy.
d. Explain how each of the informal powers identified in (c) contributes to the President’s advantage over Congress in conducting foreign policy.
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181. 1. Congress has often been criticized for how effective it is in exercising legislative oversight of the federal bureaucracy? (99)
a. Explain two specific methods Congress uses to exercise effective oversight of the federal bureaucracy.
b. Give two specific explanations for the failure of Congress to exercise oversight of the federal bureaucracy.
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182. 2. In the last half of the twentieth century, voter turnout in federal elections has declined. During the same period, voter turnout has been higher in presidential elections than in midterm elections. (o2)
(a) Identify two factors that have contributed to the overall decline in turnout in federal elections and explain how each factor has contributed to the overall decline.
b) Identify and explain two reasons why voter turnout has been higher in presidential elections than in midterm elections.
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183. * Campaign contributions * Grassroots lobbying/mass mobilization
Different interest groups will choose different techniques to achieve their objectives based on their resources, characteristics and goals. (04)
a. Describe each of the following techniques and explain why an interest group would choose each technique.
* Litigation
* Campaign contributions
* Grassroots lobbying/mass mobilization
b. Select one of the following groups and identify the primary technique it uses from the list in pat (a). Explain why the group you selected would employ that technique over the other two techniques.
American Medical Association (AMA)
Sierra Club
National Rifle Association (NRA)
National Association for the Advancement of Colored People (NAACP)
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184. Trust and confidence in government has declined in recent decades. (04)
a. Explain how divided government has contributed to the decline in trust and confidence in government. Be sure to include a definition of divided government in your response.
b. Explain how the increased cost of election campaigns has contributed to the decline in trust and confidence in government.
c. Explain two specific consequences of the decline in trust and confidence in government for individual political behavior.
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185. Good Luck!!!
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