AP EXAM REVIEWUS GOVERNMENT

& POLITICS

1 - CONSTITUTIONAL FOUNDATIONS (5-15%) Declaration of Independence – 1776

Unalienable/natural rights Government is limited by the consent of the

governed Colonists were separating from Great Britain Jefferson and others borrowed ideas from Locke’s

2nd Treatise of Civil Government Articles of Confederation

Weak national government with one-house Congress where states had most power

Problems: no unity among states, no power to tax, differing currencies, no chief executive or national court system, lack of foreign policy and security

CONSTITUTIONAL FOUNDATIONS Constitution – Philadelphia 1789

The Great Compromise or Connecticut Compromise Congress would be bicameral – Senate has equal

representation for smaller states (NJ Plan) and House has proportional representation for larger states (VA Plan)

3/5th Compromise – every five slaves would count as three for representation and tax purposes

Federalists (rich elite) supported the new Constitution in the Federalist Papers but Anti- Federalists (farmers and middle class) wanted a bill of rights to protect individuals – these were the 1st political parties

CONSTITUTION Article I – Legislative Powers – enumerated powers -

taxes, regulate interstate commerce, make laws, coin money, declare war Elastic or “necessary and proper” clause – allows

Congressional power to be interpreted broadly – creates implied powers

DENIED Powers Denying habeas corpus – detaining without trial Bill of attainder – proscribes penalties w/out due process Ex post facto – laws that declare something illegal after the fact

Article II – Executive Powers – commander-in-chief, makes treaties, appoints officials, signs or vetoes legislation, State of the Union, can call special sessions of Congress (these are called formal or delegated powers) Electoral College – 12th Amendment (1804) required separate

votes for President and VP to prevent outcomes like in 1796 and 1800

CONSTITUTION Article III – Judicial Powers – very vague – Only one

Supreme Court – no specific qualifications – judges not held responsible to voters – power comes from judicial review which was established by precedent in Marbury v. Madison 1803

Article IV – States’ rights – “full faith and credit” clause says that states must respect other states’ laws and judgments

Article V – Amendment process – proposal by 2/3 of Congress and ratification by ¾ of state legislatures

Article VI – Supremacy Clause – Constitution always overrides state laws

Article VII – Ratification – nine states had to sign 27 amendments

CONSTITUTION Republicanism – power comes from the

people in the form of elected representatives Federalism – power is divided between the

central (federal) and state governmentsDual federalism (layer cake) – separate and

distinct roles – focuses on 10th amendmentCooperative federalism (marble cake) – shared

responsibilities Separation of Powers – three branches have

distinct functions Checks and Balances – each branch has

some control over other branches

CONSTITUTION Federalist Papers

#10 – James Madison said factions (interest groups) can be dangerous and must be controlled – diversity is good and “tyranny of the majority” must be prevented to protect minorities

#51 – Madison supports the idea of checks and balances and federalism saying this will further protect from tyranny

#84 – Alexander Hamilton argues the Bill of Rights was dangerous because every single right could never be predicted and therefore government might have free reign on unspecified rights

CONSTITUTION (FEDERALISM) Grants-in-aid - $ given to another level of government

Categorical Grants – targeted for a specific purpose (gives federal government more power) Formula Grants - $ distributed based on eligibility requirements (Head

Start for example) Project Grants - $ distributed based on competitive application

process Block Grants – to be used for general purposes such as

education (gives state government more power) Preemption – Congress enacts a law for the federal gov’t.

to take responsibility for a state function (Food Labeling in 1990)

Mandate – federal gov’t. forces states to comply with minimum standards – the problem is they are often unfunded mandates that place a burden on states

“New Federalism” was a hallmark of the Nixon and Reagan administrations

2- CIVIL LIBERTIES AND RIGHTS (5-15%) Religion

Establishment clause – government cannot promote religion (Lemon Test 1971)

Free-exercise clause – government cannot inhibit religion (strict scrutiny)

Speech and PressPrior restraint – censorship before

publication Clear and present danger – speech cannot

incite violence (Justice Holmes – Schenck v. US 1919)

NY Times v. Sullivan 1964 – libel is not protected

TX v. Johnson 1988 – flag burning is protected as symbolic speech

CIVIL LIBERTIES Selective Incorporation – Court has used

the 14th amendment to apply the Bill of Rights to the statesDue process, double jeopardy, Miranda

warnings, exclusionary rule, good-faith exception

9th Amendment – not all rights have been listed in the ConstitutionPrivacy, birth control, homosexuality,

abortion

CIVIL RIGHTS Equality of opportunity vs. equality of outcome Amendments 13, 14, & 15 ended slavery but the

black codes, grandfather clauses, poll taxes, Jim Crow laws, and Plessy v. Ferguson 1896 weakened blacks’ rights

NAACP used courts to end segregation in Brown v. BOE 1954 De jure – imposed by government De facto – occurs naturally

MLK Jr and civil rights activists used boycotts and civil disobedience lead JFK and LBJ to pass the Civil Rights Act of 1964, 24th amendment, Equal Opportunity Act of 1964, Voting Rights Act of 1965 and the Fair Housing Act of 1968

CIVIL RIGHTS 1990 Americans with Disabilities Act Affirmative Action – reverse

discrimination or leveling the playing field? Court has been unclear – laws must pass strict scrutinyCompelling governmental interestNarrowly tailoredLeast restrictive means

Bakke – race can be used as one criteria for admissions

3- POLITICAL BELIEFS AND BEHAVIORS (10-20%) Public Opinion

Varies over time, place limits on government action, is not always educated but can spur official to act

Sampling should be random, of large size, and have variety to be accurate

Distributions Skewed – leans to one side (death penalty) Bimodal – split (gay marriage) Normal – bell shaped/average (ideology)

Socialization – family, school/peers, community Education first, then socioeconomic status are

the best indicators of opinion

BELIEFS AND BEHAVIOR Ideology

Liberals – favor economic equality & freedom of choice of behavior

Conservative – favor economic choice & social order Participation

Conventional – routine and acceptable – voting, writing letters

Unconventional – uncommon and defiant – civil disobedience, strikes

Reasons for low voter turnout We vote more often and for more offices Obstacle of registration Feeling that gov’t. is not responsive Less identification with political parties Obstacle of researching all options

4 – PARTIES, ELECTIONS, INTEREST GROUPS, MASS MEDIA (10-20%) Functions of parties – nominating candidates,

structuring the voting choice, proposing alternative programs, coordinating actions of officials

Minor/3rd parties Bolter – splits from major party – Progressives 1912 Farmer/labor – represents working class – Populists

1892 Ideology – propose different doctrines and principles

– Socialist Single –issue – promote one principle, not an

ideology – Prohibition Majority representation ( rather than

proportional) favors the two-party system

PARTIES National Organization

National convention every 4 years National committee(RNC and DNC) – governs parties

between conventions Congressional party conferences – beginning of each

session to select party leaders and committee assignments

Congressional campaign committees – raise funds to support candidates

Responsible Party Model Parties present clear platforms Voters choose candidates based on party platform Winning party carries out its platform Voters hold party responsible at next election for

carrying out the platform or not

ELECTIONS 4 stages of Presidential Campaign

“invisible primary” many candidates do fundraising and campaigning

Primary season – begins with Iowa caucus and NH primary in early Jan, “Super Tuesday” (Feb) – front-loading

Presumed candidacies (Mar) Nominating conventions (Jul/Aug)

Most countries nominate candidates, US elects candidates Primary – state election to choose preferred presidential

candidate Open – can vote in either party OR Closed – can only vote for

the party you are registered as Caucus – meeting of party members to choose candidate

ELECTIONS General election (Early Nov every other

year)Presidential every four years, in between

years are Congressional, off-year, or mid-term

Electoral College – each state has electors equal to their representatives in Congress – 538 total – 270 required to winVoters are not educated and a direct

popular election would make recounts impossible – but it is possible for a candidate to win the electoral college and lose the popular vote (1888 & 2000)

ELECTIONS Campaigns

Open election– no incumbent Incumbent advantage – name recognition, casework,

franking privilege, media, financing Financing – 1971 Federal Election Campaign Act

Limited hard money contributions to $1000 per individual and $5000 per PAC– critics said their 1st amendment right to free speech was violated but the Supreme Court upheld the law

FEC – Federal Election Commission – 6 bipartisan members began enforcing limits and disclosing all campaign spending in 1976

2004 Bipartisan Campaign Reform Act or McCain-Feingold Act – indexed hard money contributions for inflation but limited soft money contributions

527s – tax exempt groups not tied to any candidate but focus on particular issues (MoveOn.org)

INTEREST GROUPS Purposes – representation,

participation/action, education, agenda-building, program monitoring

Group TheoriesPluralist – competing groups are good because

they offer options and force government to actHyperpluralist – competing groups are bad

because they pull government in different direction and result in gridlock

Elitist – competing groups only represent the rich and gives them too much power

Resources – membership, lobbyists, moneyFree rider problem

INTEREST GROUPS Lobbying Techniques – direct contact

with officials, letter writing campaigns, influencing press, testifying at congressional hearings, providing research and feedback to officials, PAC fundraising, using technology to spread information, coalition building

MEDIA Private Ownership=infotainment – news is

selected based on audience appeal and sensationalism

Federal Communications Commission created in 1934

Functions of Media Reporting the news Interpreting the news – gatekeepers Influencing public opinion Setting the political agenda Socializing citizenry about politics

“Fox effect” – more conservative perspective

5- INSTITUTIONS (35-45%) Congress

House – 25 yrs old, citizen 7 years, serves 2 year terms – based on population so closer to constituency

House – originates revenue bills, chooses president if electoral college cannot, initiates impeachment proceedings

Senate – 30 yrs old, citizen 9 years, serves 6 year terms – every state gets 2 but ideally more wise and experienced

Senate – approves presidential appointments and treaties and tries impeachments

Descriptive representation is goal, but gerrymandering can happen during reapportionment every 10 years

CONGRESS Legislative Process

Introduction and assigned to committeeSubcommittee studies, holds hearings,

debatesOriginal committee considers bill, if

approved (Rules Committee in House only)Full House or Senate – if two different bills,

they must be reconciled in Conference Committee

Back to full House or SenatePresident can sign or vetoCongress can override veto by 2/3 of each

chamber

CONGRESS Oversight – making sure agencies are carrying out

laws – done by investigations, hearings (Katrina & FEMA), requests reports

Speaker of the House – leader from majority party (Pelosi)

Senate – VP is technical leader (Biden), president pro tempore is honorary position given to most senior member (Byrd), real power is majority leader (Reid)

Senate can filibuster – talk a bill to death but since 1917 60 members can vote to invoke cloture – to stop a filibuster/limit debate

Trustee – follow one’s own ideas OR Delegate – represent constituents

Earmarks/Pork-barrel spending result of negotiations and a cause of national deficit

PRESIDENCY 35 yrs old, natural born citizen, resident for

14 years, serves 4 year terms Formal powers from Constitution, inherent

powers, executive orders, delegation of powers from Congress (FDR during Depression)

White House Office/Executive Office (NSC, OMB, Economic Advisors, VP) – closest to President

Cabinet – department secretaries – too large, limited expertise, appointed for diversity or reputation – therefore not as close to President

PRESIDENCY Character Power to Persuade Honeymoon period Line of Succession – VP, House, Senate, Cabinet

Secretaries Divided Government – one party control presidency

& other control Congress – can result in gridlock Line-Item Veto – power to only reject parts of a bill

– President does not currently have but McCain and Feingold are pushing for to limit earmarks

War Powers Act – 1973 – Congress overrode Nixon’s veto to limit presidential commitment of troops without a declaration of war

BUREAUCRACY 15 departments Independent agencies (NASA) Regulatory agencies (FDA, EPA) Government corporations (TVA, Post Office)

Civil Service – hired based on merit rather than patronage – Pendleton Act passed in 1883 after President Garfield assassinated

Congress gives agencies administrative discretion – latitude to make policy because Congress does not have time or expertise and does not want the blame

America wants more services but smaller government

Reforms Deregulation Competition and outsourcing Performance standards

JUDICIARY Supreme Court - 9 justices appointed by President,

approved by Senate, serve life terms – power of judicial review

Activism – loosely interpret existing laws and use their own values (Warren 53-69)

Restraint – adhere closely to existing laws Cases start in either US District Court or State Trial

Courts, then go to Courts of Appeals, then finally to the Supreme Court

Criminal vs. Civil Precedent and stare decisis (let the decision stand) Solicitor General – lawyer that represents US

government Amicus curiae brief – (friend of the court) information

given to the court by an interested party who is not actually part of the trial

SUPREME COURT Decision Making

150,000 cases from state and federal courts – raise a federal question

8,000 requests for review – writ of certiorari (asking the court to review previous decision)

Discuss list in conference (99% denied) must pass rule of four

85 cases make it to the docket Attorneys submit written briefs (arguments) Hear oral arguments Conference – ends in vote or judgment Opinion assigned

Unanimous – all agree for same reasons Concurrence – agree but for different reasons Dissent – disagree with majority decision

6 – POLICY (5-15%) Economic

Laissez-faire – no government interference Keynesian – gov’t. adjusts fiscal policy (taxing and

spending) and monetary policy to combat inflation and depression

Monetarism – Keynesian is too slow and ineffective – focus on monetary policy only (controlling money supply)

Supply Side – government should lower taxes to create more jobs and leave more money for people to invest so benefit will “trickle down” to everyone – basis of Reaganomics

Recent budget reforms (Bush’s BEA and Clinton’s BBA) produced surpluses in 98-01 but Congress allowed caps on discretionary spending to expire in 2002

ECONOMIC POLICY US pays less in taxes than most other

countries Most federal spending – Social Security,

Defense, Medicare Progressive tax (income tax) vs. flat tax

(sales tax) Welfare State developed after Great

Depression – FDR’s New Deal and LBJ’s Great Society programs

Entitlements cannot be denied to those who are eligible

FOREIGN POLICY Monroe Doctrine 1823 – isolationism and non-

interventionism WWII lead to containment of Communism and Cold

War – NATO, Marshall Plan, and nuclear weapons Nixon focused on detente Carter – human rights Bush – War on Terrorism – preemptive action Today – move to global policy of cooperation

Investment, trade, human rights, poverty, foreign aid, environment

Policy Makers State Department, Dept. of Defense, NSC, Intelligence

Community (16 agencies)

GOOD LUCK! DO YOUR BEST!