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AP U.S. Government & Politics Review

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Presentation on theme: "AP U.S. Government & Politics Review"— Presentation transcript:

1 AP U.S. Government & Politics Review
For AP Government Exam

2 2/3s Override of a presidential veto in both houses of Congress
Senate approval of a treaty Proposal for a Constitutional Amendment in both houses of Congress States can petition Congress for a constitutional Amendment by a national convention Conviction in impeachment trial in the Senate

3 US Constitution Preamble … “We the People of the United States, in Order to form a more perfect Union…” 7 articles Article I – Legislative, II – Executive, III – Judicial, IV – Full faith credit, extradition, federalism, creation new states, V – Amending, VI – Supremacy Clause, VII – Ratification 27 Amendments (Bill of Rights 1-10, added 1791) 1787 “Supreme Law of the Land” A “living document” Or; “Constraining document”

4 Principles of the Constitution
Checks and Balances Separation of Powers Federalism Republicanism Judicial review Other liberties included within the articles Writ of habeas corpus Bill of attainder Ex post facto laws

5 Articles of Confederation
National government could not levy taxes No national army No control over trade (domestic of foreign) No federal supremacy No Supreme Court No Executive Amendments only by unanimous vote To pass laws – required a 9/13s vote

6 Federalist #10 James Madison Factions (interest groups/parties)
Factions allow us to consider all sides; inevitable differences; but dangerous if not monitored. Gov’t is the mediator between factions, none should gain enough power to violate other’s rights in free gov’t “liberty is to faction what air is to fire…” “The regulation of these various and interfering interests forms the principal task of modern legislation…” George Washington in his Farewell Address warned against factions and political parties

7 Federalist #51 James Madison
Checks and balances and separation of powers of the national government “The great difficultly lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” “ambition must be made to counteract ambition”

8 Federalist #78 Alexander Hamilton
Judicial power implied judicial review The independence of judges is an essential safeguard against effects of society (Judicial Branch) has “neither FORCE NOR WILL, but merely judgment…” “right of the courts to pronounce legislative acts void… “No legislative act, therefore, contrary to the constitution, can be valid.”

9 Delegated Powers “Expressed” or “Enumerated”
Powers listed in the Constitution Most are found in Article I, Section 8 (Powers of Congress) Article II – Executive Branch Article III – Judicial Branch

10 Implied Powers Authority granted by inference of the Constitution’s delegated powers Article I, section 8 “necessary and proper clause” McCulloch v. Maryland (1819) The Executive has Commander-in-Chief power to “make war” whereas Congress has the delegated power to “declare war”

11 Inherent Powers Self-evident powers
Protection the citizens under the government Powers which are automatic for a nation-state -- foreign negotiations, make international agreements, acquire territory, protection of citizens, etc. The US is a sovereign power among nations Presidents question their inherent powers during times of crisis and emergencies

12 Article I Legislative Branch (Congress) House and Senate
Very detailed powers (I.8) Impeachment (House Impeaches; Senate conducts trial) Gives Congress the most power “Necessary-and-proper” clause Habeas corpus, no bill of attainder or ex post facto laws Interstate commerce clause

13 Article II Executive Powers Vague on purpose and meaning
Commander-in-Chief (power to make war) Make treaties Make pardons State of the Union Address Appointments to the federal gov’t

14 Marbury v. Madison (1803) Judicial review
1st time S.C. declared a Congressional act -- Judiciary Act of unconstitutional Chief Justice John Marshall wrote decision Legitimized the role of the Supreme Court

15 Grants Ways that federal gov’t disperses $ to state and local governments “Grants-in-aid” Categorical -- formula grants, $ for a specific purpose, subject to federal supervision Project Grants -- state, local, and nongovernmental agencies can apply for $ (universities, employment training programs) Block -- few strings attached, broad grants (child care, welfare, social services, and health care

16 Mandates Mandates law be implemented at all levels of government
New Deal Programs and Great Society Programs were mandates for the nation Lawyers for indigent persons Unfunded Mandates Americans With Disabilities Act (1990) “No Child Left Behind” (NCLB) of 2001

17 McCulloch v. Maryland (1819)
Federal supremacy Unanimous decision Question over the power of Congress to establish a national bank (I.8.18) Congress may “make all laws necessary and proper for carrying into execution …and all other powers vested in…the gov’t of the Unites States ” or the elastic clause Justice John Marshall expanded the role of the national government “Power to tax is the power to destroy”

18 Due Process 5th and 14th Amendments Equal treatment under the law
Protection against deprivation of life, liberty, or property Rights of the accused

19 V (5th) Amendment Due process
Eminent domain (gov’t will pay $ for private property) Self-incrimination Double jeopardy Capital crime -- Grand Jury (except Military and emergencies)

20 XIV (14th) Amendment Due process Defined citizenship Incorporation
Application of due process to the States -- “ nor shall any State deprive any person of life, liberty, or property, without the due process of the law” Gitlow v. New York (1925) “Equal-protection” clause

21 1st Amendment Establishment Clause: “make no law respecting the establishment of …” Free exercise clause “or prohibiting the free exercise of…” Liberties: religion, speech, press, assembly (also petition) Lemon v. Kurtzman (1971) “lemon test or 3-prong test” Engle v. Vitale (1962) no prayer in school Schenck v. United States (1919) “clear and present danger” Gitlow v. New York (1925) incorporation

22 Horizontal Federalism
State to state relations Full Faith & Credit (IV,1) requires states to enforce judgments of other states (divorce) and accept public records as valid (marriage licenses, i.d.) Interstate Privileges and Immunities (IV, 2) must extend to extend citizens of other states (question today over same-sex marriages) Extradition (IV, 2) states must deliver criminals back to home state Interstate Compacts (I, 10) states must settle disputes peacefully

23 Suffrage Amendments 15th – (1870) African Americans
19th – (1920) Women 26th – (1971) 18 year-old vote

24 Participation in Government
Conventional Unconventional

25 House of Representatives
435, 2 year term, 25 yrs old, 7 resident, citizen Apportionment by population for each state Florida has 25 districts) Districts decided by state legislatures, census of pop every 10 years Smaller constituency, less staffers, less media, limited debate time All appropriation/revenue bills start in the HOUSE Ways and Means Committee Rules Committee (decides rules of debate/possible rules?) Quorum (218) (Committee of the Whole) Speaker of the House (3rd in the succession of presidency) Policy specialists Power to impeach (accuse)

26 Senate 100 (2 per state) Larger constituency, more staffers, more seniority, more media, more prestige 6 year term, 30 yrs old, 9 yrs resident, citizen Riders allowed on bills Filibuster and cloture (3/5 of Senate) Confirmation presidential nominations: federal judges, ambassadors, US marshals, Supreme Court justices Ratify treaties (2/3) Hold impeachment trials

27 Presidency Article II 4 year term, 35 yrs old, 14 yr resident and natural- born citizen 22nd Amendment, max 2 terms in office, or 10 years, reaction to FDR

28 “Gerrymandering” Drawing of boundary lines for districts to obtain partisan or factional advantage From Governor Gerry of MA in 1811 Shaw v. Reno (1993) racial gerrymandering illegal

29 Veto President can veto and send the bill back to Congress with the reasons why Pocket veto -- if the President does not sign or veto within 10 days and Congress adjourns the bill is dead LAW -- “put it in a drawer” President neither signs or vetoes within 10 days (Congress in session), bill becomes law.

30 Enumerated Powers of Congress
Levy taxes Borrow Regulate commerce Naturalization and bankruptcy Coin money Establish a Post Office Patents and copyrights Create Courts Declare war Create army and navy Govern the District of Columbia

31 War Powers Act of 1973 Reaction to Vietnam Conflict
Congressional act sent to Nixon, he vetoed it, sent back to Congress, overrode veto with 2/3 vote President can commit US forces to action only In national emergency created by an attack on the U.S. of it forces President must report his action to Congress within 48 hours and withdrawn troops within 60 days Congress with a concurrent resolution remove troops after 90 days without a veto by President

32 Formal Powers of President
Commander in chief Commission officers of the armed forces Grant pardons Convene Congress Receive ambassadors Wield “executive power” Execute laws Appoint officials Veto and approve legislation Make treaties

33 Informal Powers of the President
Morale builder Party leader Legislative leader Coalition leader Crisis manager Personnel recruiter “Leader of the Free World” Persuader “bully pulpit”

34 Line-item veto State governors have this power
Intent to give President more power over the budget Line Item Veto Act 1996 Clinton et al. v. New York et al. (1998) decision 6-3; unconstitutional

35 Legislative veto Congress would invalidate acts made by the Executive Branch Immigration and Naturalization Service v. Chadha (1983) Supreme Court held that legislative veto is unconstitutional; question over the separation of powers

36 Bipartisan Campaign Finance Reform Act
“McCain-Feingold bill” (2002) Changed some parts in the Federal Election Campaign Act (FECA) of 1974 $2000 individual candidate $5000 to state party or PAC $20,000 to national party committee Ban on soft money (donations made to parties for the purpose of general party maintenance & support) Buckley v. Valeo (1976) individual candidate can spend unlimited amount on self campaign

37 impoundment Used by the President to control expenditures in the budget Temporary delay tactic to control spending Budget and Impoundment Control Act (1974) reduced the President’s impoundment powers

38 docket Supreme Court’s agenda of cases to be heard
100 granted writ of certiorari “to be informed” Only 2 or 3 cases are original jurisdiction cases (majority of cases are heard by appeal) Rule of four (at least 4 justices must agree to hear a case) stare decisis Appellate jurisdiction

39 IV (4th) Amendment Unreasonable search and seizures are prohibited
Mapp v. Ohio (1961) – a search warrant is required if evidence obtained (or it is not admissable) “Exclusionary rule” established from this decision

40 VI (6th) Amendment Fair and speedy trial
Miranda v. Arizona (1966) rights of the accused, silent and counsel Gideon v. Wainwright (1963) counsel must be provided in felony cases

41 Laissez-faire vs. Keynesian Economics
Laissez-faire economists believe that the government should never become involved in economic issues (the Great Depression forced the disappearance of laissez-faire economics) Keynesian economists (John Maynard Keynes) believe that the government can smooth out business cycles by influencing the amount of income individuals & businesses can spend on goods & services (accomplished through fiscal & monetary policy)

42 Fiscal & Monetary Policy
Fiscal policy – the government action of either lowering or raising taxes, which results in more or less consumer spending or enacting of government spending programs (such as building highways or hospitals) Examples – “Reaganomics” of the 1980s, President George W. Bush’s tax rebates/tax cuts to prevent recession of the 1990s led to record budget deficits

43 Fiscal & Monetary Policy
Monetary Policy – the process by which the government controls the supply of money in circulation and the supply of credit through the actions of the Federal Reserve Board (the Fed). The Fed can increase the amount of money in circulation by lowering interest rates (this makes borrowing money less expensive because interest on the money is low, resulting in higher prices & higher wages) If the Fed raises interest rates, the impact on the economy will be deflationary, resulting in either more stable or lower prices or wages.

44 Monetary Policy The Fed can implement monetary policy in 3 ways:
1. By manipulating the reserve requirement which raises or lowers the amount of money banks are required to keep on hand. 2. By manipulating the discount rate which raises or lowers the interest banks pay to the Federal Reserve banks for borrowing money (lower interest rates encourages borrowing/spending) 3. By manipulating open market operations as the Fed buys and sells U. S. government bonds. People buy bonds because they have a better interest rate than savings accounts. When the Fed sells bonds, people withdraw money from banks to take advantage of the bond’s higher interest rate (causes consumer interest rates to go up)

45 GOOD LUCK! Relax and do your best!

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