2 Prepare! Don’t cram the night before, pace yourself! Focus on studying items you do not know.The morning of….Wake up on time (even early)…be awake!Eat a healthy breakfastWear comfortable clothes & your lucky socks :)Bring a sweaterBring at least two #2 pencils & a black pen for essaysBring bottle of water (& snack for break).
3 Review – AP Test Coverage I. Constitutional Underpinnings= 5-15%II. Political Beliefs & Behaviors = 10-20%III. Pol. Parties, IG, & Mass Media = 10-20%IV. Institutions (3 Branches) = 35-45%V. Public Policy = 5-15%VI. Civil Rights & Civil Liberties = 5-15%
4 Exam Breakdown I. 60 Multiple Choice questions ½ of total score – 45 min.II. Essays – 4 free response in 100 minutesEach essay is worth 1/8 of total score . . .Or a combined total of 50 % of total.For example…M/C = 60 points & Essay = 60 pointsScoring could break down for MC only as:78% and above = 577% - 68% = 467% – 55% = 354% - 40% = 239% and below = 1(2009 released exam) These benchmarks can ↑ or↓depending on difficulty of exam
5 Exam Tips Goal is to earn points! Multiple Choice: 5 answers per question (a-e)Correct answer = 1 pointIncorrect answer = NO penaltyYou might as well guess…even if you’re clueless!Choose the best answer, some are good, but not the best, go with your gut!Essay/Free Response Questions:Write, write, write what you know!Explain using modern day examples if you can
6 Constitutional Underpinnings What are the purposes of Government?Maintain orderProvide Public Goods and ServicesPromote EqualityDemocratic Systems (Direct or Indirect/Representative)Popular Sovereignty – people control (who and how many)Separation of Powers ~ 3 branchesChecks & Balances ~ balance of power between branchesRepublicanism – a representative governmentFederalism - division of national, state & local govtsJudicial Review – implied in Art IIIMajority Rule with Minority RightsWho really governs?Theories ~Majoritarian Politics – govt by the majority of the peoplePluralism (elitism) – govt. by competing interest groups (distinct small groups of people make govt. decisions i.e., big business, bureaucrats, wealthy, military leaders or a combo of…Hyperpluralism - Interest groups are so numerous and have such varied competing interests that coalitions are difficult to form so gridlock can occur
7 Constitutional Underpinnings Declaration of Independence – social contract, natural rights protected, popular sovereignty1st attempt at gov’t – Articles of Confederation, had weaknesses…Shays RebellionPhilly convention to revise AoC resulting in THE U.S. Constitution- Debates over:- Representation!Plans: Virginia (feds), New Jersey (states)Great Compromise or Connecticut CompromiseBicameral legislature- 2 Senators per state (indirect vote)& Reps according to population (direct vote)- Slavery - South wanted all males counted; 3/5ths compromise- Suffrage – Who can vote? Why?- Economics - Congress controls Post Offices to taxation to interstate trade; promote growth (all in Article I)-national govt should protect property- Lack of individual rights protected from a strong national govt??(except habeas corpus, bills of attainder, ex post facto, trial by jury)Led to BILL OF RIGHTS after ratification! Anti-Federalists argued for its addition
8 Constitutional Underpinnings Ratification of Constitution of the U.S. required 9 of 13 states (AoC?)Federalists v. Anti-FederalistsFederalists=large landowners, wealthy merchants who favored strong national govt and weak state govtAnti’s=small farmers, shopkeepers, laborers who wanted strong state govt and weak national govt with a national bill of rights in place to protect individual libertiesFederalist Papers – written by?~ fear of factions (#10) undesirable but inevitable and a large republic will limit the excesses of faction~ checks and balances (#51)Constitution ratified within 9 months from the closing of Philadelphia Convention- Congress/Pres begin national March 1789Amendment Process– 2 step process which focuses on the federal structure of the US Constitution and requires supermajority votes:Proposal ~ 2/3 vote of Congress or State ConventionsRatification ~ ¾ state legislatures or ¾ State ConventionsBill of Rights ratified collectively by state legislatures(1791)
9 Constitutional Underpinnings Informal methods of constitutional change:Congressional legislation has expanded constitutional provisions-Judiciary Act of 1789 set up the national court system as it was not described in Article III beyond a SCOTUS-Cabinet departments, agencies, offices in the executive branch-Commerce clause has been expanded to include air routes to internet traffic as well as to ban discrimination in public accommodations (Civil Rights Act of 1964)Executive actions-Sending troops into combat without a declaration of war-Making executive agreements to circumvent the treaty making process-Senatorial Courtesy used in nominating federal judges (not SCOTUS) as an unwritten traditionJudicial decisions-Judicial Review not in Constitution but established with the Marbury v. Madison case in 1803Political Party Practices-Parties are not mentioned in Constitution yet that hold conventions to nominate candidates and the electoral college has become a “rubber stamp” for the popular vote based on party vote per state
10 Constitutional Underpinnings Federalism – govt power is divided between a central govt. and state govts (and local too) or a decentralization of govt powersFramers do not want unitary (most/all power for national) or confederate (most/all power at state level)Delegated Powers = Federal powers as stated in Constitution per branchReserved Powers = States powers (10th Amendment, education, marriage, licensing doctors, establish public schools, etc.)Inherent Powers = powers for national govt. based on the fact that the US is a sovereign nation-state and must have right to make treaties, wage warcontrol immigration, under the concept of international lawExpressed Powers = specifically granted for national govt (Congress makes laws on interstate trade, declares war, issues copyrights)sometimes referred to as enumerated powers as most are listed in Art. I Sec. 8 clauses 1-17 as well as in Art. II Executive, Art. III JudicialImplied Powers = not expressly stated in the Constitution; helps make expressed powers work…i.e., Congress establishes a civil service system to hire federal workers, military draft in order to raise army, and EPAknown as the “elastic clause” Art I Sec 8 Cl 18Concurrent Powers =shared powers, i.e. establish courts, taxation, borrow $
11 Constitutional Underpinnings Prohibited powers = denied to both feds and states (feds cannot tax exports, states cannot make treaties)Who shall rule in conflicts between feds & states?Art VI - Supremacy ClauseImplied powers of national gov’t upheld with:McCulloch v. Maryland - helped establish “necessary and proper” clause (elastic clause) gave Congress power to enact policies not specifically listed (National Bank) and states cannot tax federal institutions. Validates the supremacy of the national govt. over the states when in conflict. (Marshall Court)Commerce power of national gov’t extended with:Gibbons v. Ogden - commerce includes the production, buying, selling, and transporting of goods and services. Congress regulates all interstate and international commerce. (Marshall Court)
12 Constitutional Underpinnings Dual Federalism –”layer cake”; national and state govt remain supreme within their own spheres of operation (feds foreign policy, states public schools) Characterizes the nation/state relations before New Deal!Cooperative Federalism- “marble cake”; national and state govts work together to complete projects (interstate highway system)Fiscal Federalism- the pattern of spending, taxing and providing grants from national to state govts; Why share the money?Grant-In-Aid - one level of gov’t pays for another level’s projectCategorical grants – $$ for specific projects w/strings attached ($ for wastewater treatment plants) feds have some power in decisionsFormula grant- Do you meet the formula? i.e. public housing, employment programsBlock grant – funds for general spending areas; made for a broadly defined purpose (homeland security or community development) states have more discretion/power in decisionsMandates – Federal law that sets specific guidelines for all citizens that the states must comply to AND if they don’t state could be penalized by loss of funding (i.e. raise drinking age to 21 or lose highway funding, Disability Act, Clean Air Act)Unfunded mandates - laws w/o funding for state and locals to provide services and could be penalized if not followed (NO $$$)
13 Constitutional Underpinnings Devolution- refers to the movement to transfer responsibilities of governing from the feds to the states/locals (starts with Reagan in the 1980’s)Welfare Reform of 1996 (TANF) gave the states $$ to run their own welfare programs with wide discretion in implementation from welfare to work programs (Clinton and Congress)Advantages of Federalism:~promotes diverse policies that encourage experimentation and creative ideas~provides multiple power centers making it difficult for any one faction or interest group to dominate policies~keeps the govt close to the people by increasing opportunities for participationDisadvantages of Federalism:~promotes inequality because states differ in resources provided to services~enables local interests to delay or even thwart majority support for a policy~creates confusion because the different levels of government make it difficult for citizen to know what different governments are doing
14 Political Culture, Ideology, Socialization & Media Political Culture – a set of widely shared political beliefs and values; deep rooted ideals that shape our perception of political issuesPolitical Opinion – a specific view about a particular issue or eventPublic Opinion – attitudes about institutions, leaders, political issues and eventsUSA Core values?~liberty/freedom ( speech, religion are fundamental parts of American culture~equality (all adult citizens should have equal voting rights; equal treatment before the law; and equality of opportunity to succeed in life~individualism (respect for the dignity of each other and having the power to make your own decisions~democracy (consent of the governed, majority rule, respect and protect the rights of the minority, support your local community)Mistrust of Govt?~since 1950 we have become less trusting of govt leaders and institutions~linked to a corresponding decline in political efficacy (belief that your participation really matters)
15 Political Culture, Socialization, Ideology & Media Socialization of the American constituent is a continuing process which helps form political values and passes them from one generation to the nextAgents of Socialization:~Family – the most important agent! And children raised in homes where both parents ID with the same party are likely to see child with same party label (early socialization)~Education/School – help teach processes, rituals and values from K-12; College grads have higher level of political participation than do other Americans~Community, Peers and Social Groups, Media – race, religion, gender, income, Social Economic Stratification (SES) especially as one grows older (continuing socialization)
16 Political Culture, Socialization, Ideology & Media Liberals v Political Culture, Socialization, Ideology & Media Liberals v. ConservativesPolitical Ideology – a cohesive set of beliefs about politics, public policy, and role of govt (studies show only 20% vote according to the lines)Liberal Conservativesupports political reform supports expansion of militarysupports social reform supports free market solutionsgovt. regulation of economy less govt regulation of businessexpand programs for the poor supports school prayerwomen, minorities opposes expensive social/welfare programssupports national health caresupports abortion rights opposes abortion rightsopposes increase in military spending opposes national health careopposes school prayer
17 Centrist/Moderate policies usually win Political Culture, Socialization, Ideology & Media Liberals v. ConservativesCentrist/Moderate policies usually winMany voters have moved to middlea dealignment of Party Identification (party members are not loyal)Reagan era shift to the right,Clinton era shift to the left,then to the middle. . .Bush era shift to the rightObama era shift to the left
18 America’s Demographics: Who are we? Census - every 10 yearsMinorities are influencing the great melting potBy Whites will be only 52% of societyWho is the largest minority? Hispanics (sleeping giant)GRAY POWER - Baby boomers graying rapidly. How has this impacted the political landscape?They wish to collect their $5 trillion in Social Security benefits! Powerful Interest Group too (AARP)How has the shifting of America from Frost Belt/Rust Belt to Sun Belt impacted?SW, SE and Texas have had dramatic population increases, 20% growth rates, while North has 5% or less in Congress + reapportionment; Electoral votes;Red + Blue states and Swing states…
19 Political Culture, Socialization, Ideology & Media How does one gauge America’s pulse? POLITICAL POLLS- the more “random” the better. . .everyone has a chance of being selected- scientific polling defines the population to be surveyed, does random sampling, designs questions that avoids bias, uses telephone or face-to-face interviewing procedures and analyzes and reports the dataHow do Polls assist democracy and politicians?- detect public preferences and its opinions on key issues- critics charge that polls can be used to manipulate public opinion too! be careful of the bandwagon effects. . .jump on board. . .instead of doing what’s right! Issues that appear to be popular or the popular candidate for the moment…What is an Exit poll ?- question voters after they voteProblems…can control elections, east closing before west coastDemocratic process is based on an informed citizenry and polls reveal an alarming lack of public knowledge about the American political system.74% can name the 3 stooges but only 42% can name the 3 branches!!!25% could name their 2 Senators and less than 50% knew the first 10 amendments were called the Bill of Rights!!!
20 Mass Media Key functions: Types of Mass Media: Provide news reports Create political forums - politicians use the media to promote their careers and draw public attention to their issues; President has direct access to the media and set policy agenda easily; “bully pulpit” impactActs as a Linkage Institution – it connects the government officials to the citizens by interviewing citizens, presenting poll results, and covering protestsTypes of Mass Media:Newspapers – readership has steadily declined; today 20% regularly purchase paperMagazines – readership has fallen sharply as a result of the InternetRadio – most stations devote little time to reporting political news; some syndicated talk shows have begun to play a prominent and controversial role in discussing political issuesTelevision – 98% of Americans own tvs! Presidential debates aired since 1960; some networks facing decline as more view cable / InternetInternet – rapidly becoming a key source of info for the electorate; especially popular with the under 30 crowd; some sites post extensive info on political issues and policy makers (Politico.com); Blogs create rapid communication with public and govt. policymakers too
21 Mass Media 1st amendment provides incentive to report the “news” Often politicians “make” news to get on news (free!)“Spin Masters/Doctors”? person hired specifically to promote the image of the candidate!Competition in the media has forced them to be more aggressive & “bend” the journalistic rules of using reliable sources“Sound bites” of 8 seconds in length and great images take over the media venuesCandidate centered campaigns are the focus of the media instead of focusing on the issues; (horse race journalism which emphasizes standing in the polls instead of where they stand on the issues)
22 Political Participation Federal laws and Constitutional Amendments have eliminated restrictions on the right to vote and have expanded the electorateFederal laws and Constitutional Amendments have reduced the power of the states over a citizen’s right to vote too!15th Amendment – no voting restrictions based on race; some states impose literacy tests, poll tax, grandfather clause, to keep citizens from polls (1870)19th Amendment – no voting restrictions based on gender (1920)23rd Amendment – DC gets 3 electoral votes (1961)24th Amendment – no poll taxes or any tax as a qualification of voting(1964)Voting Rights Act of 1965 – prohibit any govt from using voting procedures that denied a person the right to vote on the basis of race; abolishes literacy test; protects voters in states where there is a history of discrimination by allowing poll watchers to be present on election day26th Amendment – 18 year olds may vote (1971)
23 Political Participation Factors that influence turn-out and voter choices:Education- more education, more likely to vote! As the level of education increases the % of Republican votes increase (except for 2008 election where slightly more college aged voters participated)Income – more income, more likely to vote! Historically voters with lower incomes are more likely to support Dems while voters with higher incomes tend to vote Reps. (election 2008, voters with incomes of $50,000 or more were split between the candidates) SES – socioeconomic statusAge – older folks are more likely to vote than younger folks. Turn-out among voters age is the lowest. Younger votes tend to vote with the D’s and older voters tend to support R’sGender – women vote at a higher % than men and tend to favor D’swhile men favor R’s (GENDER GAP)Religion – Catholic and Jews tend to vote more than Protestants and vote with the D’s; Protestants tend to support R’s and vote lessRace – whites tend to have higher turn-out rates than Blacks and Hispanics and other groups; If you remove income and education stats show that Blacks have the highest rate of turn-out! Blacks vote with the D’s since FDR’s election and vote with liberal perspective
24 Political Participation What about the nonvoters?Only about 60% of eligible voters actually voted in 2008 electionVoter turn out rate in US is lower than most other western democracies Factors that decrease turn-out?Voter Registration- all states except ND have registration laws;2 step process (must register, then can vote) states do this to reduce fraud; Motor Voter Act 1993 easier voter registration by allowing citizens to register while applying for/renewing driver’s licenseDecline in political efficacy- more citizens feel that their vote does not make a difference; rising levels of cynicism and mistrust in govt have combined for lower turn-out ratesFrequent elections- our federal system produces more elections than any other modern democracy; voter fatigue! Too many candidates and issuesWeekday, nonholiday voting time- many other democratic nations vote on weekends and holidays to allow for max opportunity for citizens to get out to vote
25 Political Participation Forms of political participation or how to increasing political efficacy:- Join Interest Groups (conventional participation)- Give $$$ to Interest Groups thru PACS- Contacting gov’t officials on a regular basis- Working on a campaign- Civil disobedience (unconventional participation)
26 Political Parties Function of Parties: ~Recruit and nominate candidates for office~Run campaigns~Establish an image~Articulate policies and Coordinate policymaking~Serve as a linking institution that connects citizens to govt by providing info and mobilizing votersParty Organization includes national leaders, state chairpersons, county chairpersons, and other party activists.REMEMBER that the national, state and local party organizations are INDEPENDENT and NOT CENTRALLY CONTROLLED!Two-party system (USA is one of 15 nations with strong 2-party system)Historically start with - Federalists v. Anti-FederalistsEvolved…Democrats v. Republicans3rd parties have popped up…BUT….
27 Political Parties Why 2 party system? ~Strong consensus on core political values (freedom, equality…)~Single member districts (almost all elections are set up with one candidate to win with the most votes (plurality vote) encourages the 2 party system~Legal Barriers to Third Parties –D’s and R’s are automatically on state ballots while minor party candidates must get voters to sign petitions of support to get on ballot~Tradition is hard to change…since 1800 Federalists and D-R’sParty ErasEra - a historical period dominated by one partyCritical Election – a national crisis forces voter to confront divisive issues that fracture party coalitions and significant groups of voters change their party loyalty (civil war, economic depression)Party realignment – triggered by a critical election; majority party displaced by the minority party and brings in a new era of control
28 Political Parties First Party System 1796-1824 -Federalists led by Alex Hamilton; strong federal govt and a national bank to grow commercial, manufacturing, and financial businesses-Democratic-Republicans (D-R’s) led by Thom Jefferson and James Madison; supported limited federal govt and opposed a national bank; coalition of farmers, shopkeepers, laborers, and plantersJackson and the Democrats-Democratic Party led by Andrew Jackson support expanding suffrage for all white males, oppose the national bank with a coalition of frontier pioneers, small farmers from S and W-Whigs are led by Henry Clay and Dan Webster support high tariffs and national bank. Whigs were merchants, industrialists, owners of large plantations
29 Political Parties Republican Era 1860-1928 -Slavery dominates the political scene in the 1850’s and split the D’s and sees the Whigs die out…-Republican Party emerges led by Abe Lincoln; st CRITICAL ELECTION; minor party goes to major party status-Democrats are dominate in the south (Solid South) for the next 100 yrsnd CRITICAL ELECTION; R’s William McKinley and the industrialists/gold standard are the issues and hold R’s in power until Great DepressionFDR and New Deal Coalition-D’s led by FDR end the R’s dominance under the 3 R’s of the New Deal (relief,recovery,reform)-New Deal Coalition includes urbanites, labor unions, Catholic, Jews, Southerners, Blacks (realignment with the Blacks and urbanites who were with the R’s); missing? Northern business leaders and wealthy industrialists
30 Political Parties Divided Government 1968-Present -Republican dominance in Presidential politics begins in 1968 (with the exception of Jimmy Carter) until Party realignment gradually occurs in the South with R’s gaining more seats in the HR and S.-Nixon’s election marks the beginning of a new pattern of divided govt where for the 1st time in 20th century the Pres is of one party and the Congress is of the other! same party has controlled the presidency and both houses of Congress for only 12 years of the 41 years!What are the consequences of divided government?-heightened partisanship made it difficult for moderates to compromise-gridlock! Slows down the confirmation process for Pres and legislative process overall-public is frustrated w/national govt. which leads to a decline in trust and confidenceOverall a % of voters who identify with the R’s and D’s has dropped as more call themselves Independents. More “split-ticket” voters and this causes party dealignment!
31 Political Parties Minor Parties in USA: ~ Ideological – Socialist, Communist~ Single Issue – Free Soilers, Know Nothings, Right to Life~ Farmer-Labor Protest – Populists~ Bolter Parties – Progressives, American IndependentObstacles for minor party candidates:~winner take all format for electoral college~candidates are excluded from debatesImportance and Impact:~express strong views on controversial issues~often push major parties to adopt their ideas~can be the “spoiler” by affecting the outcome of an election (1992 Ross Perot ; 2000 Green Party Ralph Nader)
32 Party MachinesEach state manages its own operation - a decentralized and fragmented system.Patronage dominated - the good old boy/old girl clubs. Party regulars can become gov’t appointees…now civil service system makes it competitiveFinding the right candidates takes parties through “grass roots” democracy all the way through the campaigns until election dayIt seems to last fffoooooorrrevvvvverrrrr!
33 Nomination Process Presidential Caucuses & Primaries ~Early 1800’s Congressional caucuses selected Presidential candidates~1830’s political party conventions nominate (Whigs and Democrats)~Early 1900’s state primaries - give voters a greater role in nomination process~Today 40+ states use primaries between Jan-May of election year (NH is 1st) and the rest use the caucus method (Iowa is 1st)~only about 25% of citizens cast ballots in primaries (party activists who are older and wealthy compared to the general election voter)Party Conventions (every 4 years in summer of election year)~Formally name the party’s Pres/Vice Pres candidates~Adopt party platforms~Attempt to unify the party and generate publicity
34 Campaign Spending and Reform Federal Election Reform Act of 1974-Created the Federal Elections Commission (FEC) to administer and enforce campaign finance laws-Provided partial public funding for presidential primaries-Provided full public funding for major party candidates in general election-Placed limits on individual contributions to presidential candidates (hard money goes directly to candidate) and for PAC’sBuckley v. Valeo (1976)-SCOTUS said part of the Federal Election Reform Act is unconstitutional, cannot limit the amount of $$ an individual gives to their own campaign-This is a 1st Amendment right of free speech (can talk issues tirelessly to advocate own election)
35 Campaign Spending and Reform Soft Money – unregulated donations to parties for “party building expenses” begins to flow especially in commercials…”I support this message” ads ($$ does not go directly to the candidate)Bipartisan Campaign Act 2002 (McCain Feingold Act)- bans soft $$ contributions527 groups- a tax exempt organization created to influence the political process and they are not regulated by the FEC because they do not coordinate with a candidate or party; they deliver a messages on issues (typically negative ads)
36 Electoral College Why created? How does it work? ~To safeguard the Presidency from direct popular vote!~Allow small states to have a voice in the election as well as the large statesHow does it work?~Each state has electoral votes based on the # of seats in Congress and DC gets 3 (minimum votes) 23rd Amendment for a total of 538 votes~270 to win! Separate ballots for Prez and Veep (12th Amend)~If a tie or no winner, House picks Prez and Senate picks Veep~Electors are chosen by the party that wins the state in the Nov. popular vote (winner-takes-all) or 2 states today allow proportional electoral split ( ME & NE)
37 Electoral College Consequences of winner-take-all: -Candidate that wins the most votes wins all the state’s electoral votes-Candidates devote a disproportionate amount of time and resources in swing states (contested states)-Candidates emphasize issues that may swing a bloc of voters in a pivotal state (I oppose Fidel Castro! Cuban-Americans in FLA cheer)-Severely restricts 3rd parties from ever winning the oval officeReasons why the electoral college has not been abolished?Requires a constitutional amendmentCollectively benefits small states (guaranteed 3 votes)Benefits racial minorities and interest groups located in key statesThere is no consensus on how to reform it!Bush v. Gore –SCOTUS ruled recount legal, BUT 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 before December 12, when the electoral college was to meet. . .so Bush won FLA w/271 electoral votes to Gore’s 269.--Only the 4th time the winner of the popular vote lost an election!
38 Interest Groups Goals of Interst Groups: -Gain access to policymakers’ -Influence public policy-Support sympathetic policymakersLobbying: the process by which interest groups attempt to influenceCongress- by testifying at congressional committees; meeting with members and congressional aides; bring influential constituents to DC to discuss policy matters with their Reps.; make campaign contributions (PAC’s)President-meet with EOP staff to influence administration; meet with regulatory agencies to draw attention to specific policy; make campaign contributions (PAC’s)Courts- take a lawsuit to the courts; amicus curiae brief (friend of the court (arguments to support one side of a case); try to influence Presidential nominations to the courts
39 Interest Groups Influence gov’t at all levels, all branches. Political parties differ because goals are to win office & “make” policy, have a position on a wide range of issues, not just influenceHow do IGs influence?- Provide data to Gov’t + agencies- Draft legislation via the Iron Triangleor via Issue Networks = IGs, Gov’t agencies, and Congressional subcommittees work to make policy ---Class action lawsuits and file amicus curiae briefs = friend of the court on a specific issue/side of the suit- Education- Watchdogs of gov’t. . .- Lobbyists- “hired guns” or political persuaders whose job is to promote the IG’s interests via pressure (garnering votes, $$$)An explosion of IGs from business, labor, agriculture, professional associations, environmental, equality groups (NAACP), public interest group (LWV), and single issue groups (NRA)
40 Article I – Legislative Branch Bicameral Congress – House of Reps (based on population) & Senate (being a state); fragments power and allows for checks and balances; the legislative process will encourage careful deliberation and compromiseLegislate! = Make laws, public policyHouse initiates revenue $ bills; holds “purse strings”Oversight Powers= Regulate executive agencies; sets guidelines for agencies, holds hearings and conducts investigations, uses budget controls, reorganizes an agency and evaluates the programsArt.1 Sect 8, Clauses 1-18 = the powers of CongressClauses 1-17 expressed/enumerated/delegated powers andClause #18 is the implied power, “necessary & proper”, elastic clauseCongress as a career? Incumbent election rate higher in HR given redistricting and possible gerrymandering (90%+); Senate rate of return is still high (80% range)Know different types of committees:standing, subcommittee, select, joint, conference, Rules
41 House of Representatives 2 year terms, directly elected, 435 total (set in 1929), must be 25 yrs old, 7 years a citizen, and resident of the state (does not mention district in Const), formal in its operations (Rules Comm)Special duties/powers=initiates revenue bills, brings charges of impeachment, chooses Prez if electoral college can’tWho is the traffic cop on legislation?House Rules Committee controls the flow of bills - establishes a “rule” for each bill which schedules it (debate time, amendments) controlled by Speaker!Leadership – Who is at the top? Speaker of the HR- only office mandated by the Constitution- presides over the House; 3rd in line for Pres succession- influences committee member assignments (who goes where)- appoints Rules Committee members- influences bill assignments to Standing CommitteesWho are the other House leaders?-Majority Party Leader-Minority Party Leader-Majority/Minority Party Whips-Committee chairpersons
42 House of Representatives Why incumbents win?-Money-can raise more than challengers; PAC’s favor incumbent-Visibility/Name Recognition-Constituent casework/service –solve problems and bring home “pork barrel” projects/earmark projects/$$$ for the district-Franking privilege- free business newsletters and mailers while in office to remind constituents what they are doing in DC-Gerrymandering- districts can be deliberately drawn to help incumbent win for next 10 years…Apportionment, Census, Reapportionment, Redistricting, Gerrymandering, Baker v. Carr (feds can rule on state lawsuits on gerrymandering or the political question doctrine) Wesberry v. Sanders 1964 (one person, one vote or malapportionment), Contiguous and Compact districts, Racial Gerrymandering in Reno v. Shaw 1993House Ways and Means Committee = all taxation, tariff and revenue billsHouse Appropriations = all spending bills
43 Senate6 year terms, 17th Amendment established direct election in 1913, 100 members , 30 years old, citizen of at least 9 years, and resident of the state, more prestigious and less formal in operation (filibuster)NO Rules Committee- so no timed debates, riders allowedSpecial duties/powers – ratifies treaties and presidential appointments; tries cases of impeachment and votes for removal of office; selects the VP if electoral college does notLeadership:-Vice President - President of the Senate; can break a tie vote; does not debate issues on the floor-President Pro Tempore – oldest of the majority party; 4th in succession to the office of the President-Majority Party Leader - selected by party; controls flow of bills; helps select committee appointments and chairs-Minority Party Leader-Majority/Minority Party Whips-Committee chairpersons
44 Senate -Filibuster, rule of cloture, “filibuster-proof” 60 votes, -Germane and ungermane amendments, riders, “x-mas tree bills”~Senate Finance Committee = revenue bills~Senate Appropriations Committee = spending bills~Senate Judicial Committee = judicial nominees~Senate Foreign Relations = treaty ratificationForeign policy powers of Congress:-declare war, ratify treaties, War Powers Resolution (limits Prez to contact Congress within 48 hours of deploying troops, and remove troops within days if no declaration of war
45 Bill to LAWI. Introduction by member of Congress from by constituent, legislator, president, bureaucracy…II. Speaker or Senate Majority leader titles it + numbers itIII. Standing Committee actionMay go to a subcommittee of the standing committee - schedules hearings, revises it, approves it, or kills it (pigeonholes it)Committee schedules hearings, revise it, approve it, kill itIV. Floor Action-Amendments can be added in Senate and possibly in House if Rules committee allows them-Committee of the Whole, 100 or more members can debate bills. No “riders” can be added in HR but can in Senate!-Quorum call – 218 House members needed to vote in HR; majority passes legislation (51%); In Senate quorum is 51 and votes on bills depend on rules (currently 60)V. If Senate and/or House amend/revise, bill goes to Conference committee (approve final language of bill)VI. Full House + Full Senate vote on conference committee versionVII. To President for signature, veto (veto message), pocket veto, or ignore for 10 days…
46 Passing Legislation? Factors… 1. Appeasing the “Chief Legislator” = President2. Party influence – most of the time legislators will vote party line. . . House partisanship is stronger than in the Senate3. Who do legislators attempt to please?Constituency support - legislators are seen as “trustees” (trusted to decide on own merit) or delegates = representative politicos (decisions based on constituents’ wants)4. Who else do Legislators appease?IG’s + lobbyists
47 Federal $$$$ TreeBudget = annual assessment of gov’t expenditures and gov’t revenuesGov’t collects $/taxes & spends it via expendituresIf tax allocations are higher = surplusIf expenses are higher = deficit>>> Add them up it’s national debt,Trillions $$ in shortfall. . .of which 13% of the current budget pays JUST the INTEREST!
48 Federal Income #1 source = Income tax – 16th Amendment power to tax people via the IRS – 50%#2 Social Insurance – FICA (Fed Insurance Contributions Act, Social Sec. Medicare) - 33%#3 Corporate tax- 10%#4 Borrowing - Debt load shifts burden to future taxpayers…
49 Top Three Federal Expenditures 1. Income security costs for the elderly, the poor, and the needy- Social Security Act 1935, Medicare Act 1965 (1/3 of federal budget)2. National Defense3. Interest on the DebtCongress established reforms to improve budget process –Budget and Impoundment Control Act of (and has been amended many times)- Fixed budget calendar- Created the Congressional Budget Office, CBO
50 Article II – Executive Branch President + Bureaucracy- Roles of Pres: Chief Executive, Commander in Chief, Chief of State, Chief Legislator, Chief Diplomat, Economic Planner, Chief Political Party LeaderAdministration includes Cabinet = heads of 15 exec depts. that traditionally meet & advise along with 10 key agency directors (CIA, EPA, OMB, etc.) part of the bureaucracyExecutive Office of the Presidency (EOP – White House Office, VP, OMB etc.)Iron Triangle …how policy is really made →
51 Article II – Executive Branch Formal or constitutional requirements are 35 years old, natural born citizen, 14 year resident of USAs Chief Executive:-enforces nations laws, treaties, court orders (executive orders, executive privilege)-grants reprieves, pardons, amnesty, commutes sentences-appointment power with consent of Senate-power to remove or dismiss most of the officials he/she appoints (except federal judges and some independent regulatory agency heads (Fed Res )-EOP = OMB, NSC, CEA,As Chief Legislator:-gives State of Union address to request legislation be initiated/passed-veto, pocket veto, signs bills into laws (NO line-item veto powers)-uses media and the “bully pulpit” to focus attention on bills to the public
52 Article II – Executive Branch As Commander-in-chief:-deploy troops-hire/fire military leaders-sets military strategyAs Chief Diplomat:-negotiate treaties, executive agreements-grants diplomatic recognition to nations-may use executive privilege for national security reasons25th amendment and Succession to the Presidency (incapacitation)Order of Succession- VP, Speaker, Pres Pro Tempore, Cabinet (State 1st)
53 The BureaucracyBureaucracy = a large, complex organization of appointed officials-includes all the agencies, people, procedures, through which the federal government operatesKey features- hierarchical authority, job specialization, formal rulesGrowth of the bureaucracy:-spoils system= get job based on who you know not merit-civil service system= testing and merit not party loyaltyOrganization of bureaucracy:-Cabinet – 15 departments who advise Pres-Independent Regulatory Agencies –created to protect public in key sectors of the economy, Federal Reserve Board,ICC, FCC, SEC, etc.-Government Corporations – provide a service that could be provided by private sector, Post Office, TVA, Amtrak, etc-Independent Executive Agencies – most of the non-cabinet departments like NASA, EPA, CDC
54 The Bureaucracy Implements and Regulates Policy: Implementation is the translation of policy goals into rules and procedures; Congress may mandate specific actionsRegulation is the use of governmental authority to control or change practices in the private sector; deregulate industry and businessPresident nominates to Senate key senior agency headsPresident may use executive orders to get action accomplishedCongress controls the funding of an agencyCongress oversights the agencies to be such that laws are followed and money spent appropriately and wisely???Interest Groups from Iron Triangle or Issue Networks with bureaucratic leaders to get policy passed
55 Article III – Judicial Branch Federal law + courtsFed justices selected by Pres w/ 2/3 Senate approvalJudge must meet ‘litmus’ test, ideological purityJurisdiction:Original – trial court w/juries(3% rulings, 97% plea bargained)Appellate – appeals, review earlier trial decisionsSupreme Court – 9 justices including Chief JusticeMostly appellate cases (original/limited jurisdiction)Mostly constitutional issues, civil liberties, 14th amendment issues
56 Article III – Judicial Branch What gives Courts their power over Leg + Executive decisions?Judicial review gives fed courts power to “hear” federal questions and overrule Leg + Exec branchesMarbury v. Madison, 1803 Judicial ReviewRule of 4Writ of certiorari - certificate from SC requesting a case be sent up.Writ of mandamus – court demands ACTIONWrit of habeas corpus – authorities/jailers must explain why holding a suspect to the suspect in personSolicitor General - assists in Appellate ct case load possibilitiesOpinions: majority, dissenting, concurringPrecedent = previous rulingsStare Decisis – ruling with precedent
57 SCOTUS History Early history focus on developmental issues: Marbury v. Madison – McCulloch v. Maryland = Nat’l bank + Necessary + proper clause (implied powers)Barrons v. Baltimore – ruled Bill of Rights did not apply to states, later overturned with 14th amendment & application of due process clause to apply Bill of Rights to states = selective incorporationThen, Economic issuesMost recent history, Social issues…
58 SCOTUS Most liberal court? Warren Court set “liberal precedents” in education, civil liberties, re-apportionment, criminal rights 1960’sBurger Court - selected by Nixon was more conservative although it set precedent with Roe v. Wade (1973)Rehnquist Court - limited rights established by Warren Court, not reversal; affirmative action policies severely scrutinized (1980’s-1990’s)
59 Civil LibertiesIndividual legal and constitutional protections from government found in:The Bill of Rights (1-10)1st - Freedom of Expression (religious, press, speech, assembly, petition)Privacy – (3-4)Defendant’s rights (5-8)Other rights (2,5,9-10)
60 SCOTUSSCOTUS overturned Barrons v. Baltimore & ruled in Gitlow v. New York 1925 that states must follow SOME 1st Amendment rights (selective incorporation)Incorporation doctrine - States have slowly come under the Bill of RightsDoor 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…Selective incorporation still in action today!!!
61 Restrictions on 1st Amendments? Unprotected speech include:obscenity, defamatory speech, pornography, fighting words, seditious speech, slanderThe Press now includes cable, faxes, sFreedom of assembly restrictions:lawful + nonviolent; order maintained by time, place, manner; precise, fairly administered and content neutral.NO private property trespassing!
63 Civil Rights Gov’t does not discriminate against us… Gov’t protects us from interference by private individualsFramers referred to these rights as“NATURAL RIGHTS”, rights of all people to dignity and worthToday they are called HUMAN RIGHTS
64 Civil RightsIs the opposite of affirmative action Discrimination? - denying access1st mention of equality is14th Amendment - All will have “equal protection” unless there is a “compelling public interest” to discriminate.14th states ALL persons citizens –Two clauses = equal protection & due process
65 Civil Rights Suffrage & Civil Rights Review minority groups’ struggle Voting Rights Act of 1965Poll taxes (24th Amendment),White primaries, gerrymandered districts,all were thrown out.
66 There is a lot more but…..That’s all folks!GOOD LUCKYOLO!!!!!!
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