Constitution and FederalismDirect Democracy: all voters make laws. Indirect ( representative Democracy) people vote on representative and they make laws linkage connect citizens and the government. examples parties, elections, interest groups, and the media Majority rule and preserve minority rights.Articles of Confederation first constitution, weak and lead to the constitutional conventionShays' Rebellion : showed new federal government needed to be a strong central governmentFederalist Paper #10 James Madison ( federalist)claimed that factions arise from the unequal distribution of wealth but representative government would limit itSeparation of powers: each of the three branches of government have power the other two does notChecks & balances: every power one branch has the other two can check that powerpolitical equality: citizen could on directly elect House members, Senators appointed by State legislatures and President by electoral collegeBicameral Congress( two houses); was a compromise:big/little states Formal amendments are stated in the constitution and informal are not (custom and political practice)Trustee: representative believe elected to use own judgmentDelegate: representative believe should vote the way people wantFederalists supported the New Constitution and the Anti-Federalists want more personal freedomFederalism : federal and states share powersTenth Amendment set up reserve power for the statesImplied powers : federal can pass laws that are necessary and proper" to carry out constitutional powers (elastic clause) set in McCulloch v. Maryland . Commerce clause: In constitution has expanded the power of the federal government.full faith and credit: each state has to respect public acts, records, and civil judicial other statecooperative federalism: Federal and state work together and dual federalism they work separateFederal mandates: federal government requires state to do project with no money from themBlock grants: money from federal government with few stringsCategorical grants: money given to states for special projects

CongressHouse: 2 year term ( all elected every two years) powers: All revenue bills, Impeachment and ties Chairperson of the House Ways and Means Committee: is the most powerful figure in Congress because his committee control all money. Rules Committee: reviews most bills coming from a committee only in House Congressional district: are boundaries are usually redrawn every ten years by the Census state legislatures Gerrymandering : Boundary lines are drawn to ensure one party stays in power. it violates the principle of one person, one vote. Parties use it to draw the congressional district to keep their party in power. majority-minority districts: can Gerrymander for racial balance Senate:6 year term ( 1/3 elected each two years) Seventeenth amendment :direct popular election of senators. Power: approve appointment & treaties, try impeachment, Filibuster: Senate has no debate limit and can try to talk a bill to death.. Cloture vote: Can end a filibuster Rider : an amendment that has nothing to do with the bill being debated Filibuster: ( talk bill to death), cloture vote can stop filibuster only in Senate ( no time limit)Congress Franking privilege: government will pay for congress mailing to constituents Prohibition : by constitution Bills of Attainder - a legislative act can not declares a person guilty of a crime; Ex post facto laws - retroactive criminal legislation; Writ Habeas Corpus = Must be released or charge Committees: where most of the business of congress is done Standing committee: permanent Conference committee: reconciles differences in House and Senate versions of a bill Seniority system: chairpersons of all the committee are members of the majority party and have served on the committee the longest Interstate commerce: is the congressional power that has been contested most frequently in the federal courts is the power to governmentIncumbents: (running again) 90% win because casework and the pork barrelLeadership: House Speaker of the House. Senate: President of the Senate & Majority leader . Legislative oversight: is the role Congress plays in ensuring that executive branch Iron triangle: Executive department, Congressional committee, interest groupPork Barrel: congressman getting funds for local projects that will help constituents and help they get elected. It is an advantage the incumbent has.Franking privilege: Congress to send mail to their constituents freeBudget Entitlements: refer to money promise to individual (Uncontrolled spending)War Powers Resolution: The President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time.

President and bureaucracyConstitutional Requirements for president are 35 years old, 14 years resident and natural

born citizenFormal Power of President in constitution: commander-in-Chief; appointment power, and make treaties Presidential veto: takes 2/3 of both Houses to override it.Informal Powers: Abraham Lincoln :set up emergency powers and Franklin Roosevelt beginning of modern president (Social security Act )Federal bureaucracy Executive privilege president can not be forced to discuss national security with

congress. Executive orders: Presidents have made use of executive orders at an increasing rate because executive orders do not need to be passed by Congress Presidents appoint : President nominate and Senate approvalpocket veto: It occurs when the President takes no action on a bill for ten days during which Congress is adjourned. Legislative powers (veto, pocket veto, signing legislation).Line-item veto: unconstitutional because it challenges the principles Separation of powers

Twenty-second Amendment, passed in 1951, limits them to two such terms Twenty-fifth Amendment clarified some of the Constitution's vagueness about presidential disability and succession. presidential coattails occurs when voters cast their ballots for congressional candidates of

the president's party because those candidates support the presidentElectoral mandate -the perception that the voters strongly support the president's Attorney general: Providing legal advice for the president and cabinet secretariesElectoral College: Parties will focus on the large population states. Party that wins the popular vote will receive all the electoral votes (winner–take-all) National Security advisors: member of white House staff Vice President: Same requirements as president

constitution names him the president of Senate but he is never there Bureaucracy Independent regulatory agencies: make rules, enforce those rules, and adjudicate disputes arising under those rules, they risk violating the constitutional concept of separation of powers Federal bureaucracy power: lies in its ability to set specific guidelines after receiving

a general mandate from Congress Merit system: Hiring or promotion based on merit/experience/qualifications Environmental Protection Agency (EPA) Clean air and water. Federal Communications Commission (FCC) TV, radio, satellite, telephone, etc. Federal Reserve Board Monetary policy National Security Council Office of Management and Budget Pendleton Civil Service Act created the federal Civil Service. All civil service systems

are based on merit Hatch Act prohibits civil service employees from active participation during work

Limit on Presidential Powers Congress can limit president

Override vetopower of the purseImpeachmentapproval of appointment and treatiesPass bill limit powers ( War power Act)

Judicial limits on powerJudicial review of executive actions

political limitsPublic opinionMedia attentionPopularity

Limits on Congressional Powers President can limit power

VetoPocket VetoGives Congress budgetExecutive OrdersExecutive AgreementsHas enforcement powersCall special sessions

Judicial limitsDeclare laws unconstitutionalServe for life

Political limitsMust get reelectedNeed other party to pass bills

need money for electionsLimits on judicial Powers

President nominatesSenate approvesExecutive most enforce decisionsCongress Set number and salaryImpeachmentMust go by constitution

checks on the three branches

Judicial Branch and CasesThe Constitution set up one Supreme Court and Congress can add courts Judicial review: set up by Marbury v Madison. SC declare laws and treaties Judiciary Act of 1789, Congress created constitutional courts. Three Federal Courts District courts.

original jurisdiction. only federal courts in which trials 90% of federal cases begin in district courts

Courts of Appeal. appellate jurisdiction

90% of cases come from District Courthelp Supreme Court load

Supreme Court. Highest court , Nine justices and both original and appellate jurisdiction.

can decide what cases they want to hear. Amicus Curiae: Interest groups can write a brief to supreme court. Warren Court: appointed by conservative president but become liberal courts. Stare Decisis: judges like to follow precedent decisions Four justices agree to grant review of a case (the "rule of four)

stare decisis ("let the decision stand") tie vote last decision standsStrict constructionist: determent the intent of the framers of the Constitution and

decide cases that way Liberal constructionism assert that the Constitution is subject to multiple meanings original intent: interpret construction based on what the framers intended to say Supreme court case solation: they can pick cases with little limits Judicial review: set up by Marbury v Madison. SC can review laws passed by congress and treatiesCases Cal. V. Greenwood: can search trash if no expectation of privacy Mapp v. Ohio: Evidence gained illegally can not be used in court

McCulloch vs. Maryland : Set up implied PowersBrown v. Board of Education: desegregated public school.

Overturn Plessy v. FergusonSchneck v. U.S: Clear and Present Danger”Roe v. Wade: states were limiting abortion too muchMarbury v. Madison: judicial review Plessy v. Ferguson: Separate but equal Engel v. Vitale : School written prayer cannot be said in public schoolsMiranda v. Arizona : Person arrested must be informed of their rights it be silenceGitlow v. New York: First Amendment was incorporated , Barron v. Baltimore : Bill of Rights applies to the national government, not states.Gibbons v. Ogden: Federal law has supremacy over state lawGideon v. Wainwright: all defendants are guaranteed to have a lawyer under 6 th ARegents of University of California v. Bakke: set up reverse discriminationU.S. v. Nixon: not even the President of the United States, is above the law.Miller v. California: Obscene material is not protected by the first amendment. Lemon v Kurtzman: set how government assistance to religious school was

unconstitutional.

Civil Rights1st Amendment Establishment Clause: no law respecting an establishment Free Exercise Clause: prohibits the abridgment of the citizens' freedom to worship Freedom of Speech: Clear and Present Danger Symbolic Speech: is an action that does not consist of speaking or writing Freedom of Press: Obscenity has not constitutionally protected 4th Amendment: unreasonable searches and seizures. Mapp v.Ohio: illegally evidence can not be used in court Miranda warning”: represents an attempt to protect criminal suspects against

unfair police interrogation Fifth amendment Double –Jeopardy Self-Incrimination Due ProcessSixth Amendment: Right to Counsel, Gideon v. Wainwright7th amendment: set up trial by jury8th amendment) Cruel and Unusual Punishment 9thAmendment Roe v. Wade defined the conditions under which abortions10th amendment Set up Reserve Power13th amendment= Freed slaves14 Amendment : without due process of law and equal protection of the law Incorporation. Set up due process and equal protection under the law17th amendment= Senator elected by popular vote19th amendment= women can vote22th amendment= limit president to two terms25th amendment= 1. replace the vice-president, 2. president can give his power to next in line 3. Vice President and majority of cabinet can take power away from president26th amendment= 18,19, and 20 year olds can vote

LawsJim crow laws= keep the free slaves from voting (grandfather clause, literacy tests, poll taxes, and the white primaryThe Civil Rights Act of 1964 = made racial discrimination illegal in public places & jobThe Voting Rights Act of 1965= prohibited any government from using voting procedures that denied a person the vote on the basis of race or color.Comparable Worth.: Women should receive equal pay for jobs with same responsibilitiesDisabilities Act of 1990= people with disabilities can not be discriminated against Affirmative Action ( passed by President Nixon1969) involves efforts to bring about increased employment, promotion or admission for members of groups that have suffered invidious discrimination.

ElectionsSingle-member districts: is when only one person can be elected from each district. Electoral College: Parties will focus on the large population states. Party that wins the popular vote will receive all the electoral votes (winner–take-all) Party identification: most important in whom you vote for Political parties not in constitutionOpen and close primaries: Close must register before primary and open do not both you can only vote for one party.PACs: increase has been in businessSuper PACs ( 501)political Culture: not econ.Regulating federal campaigns: disclosure donations and set up federal agencies to regulateCritical elections: occurred when voter turnout has declined significantly from the

previous election.Political socialization: a process by which political values are passed to the next

generationPlurality election: an election involving more than two candidates in which the

person who receives the most votes is the winner is calledVoting patterns: voter turnout increases with education.Voting law: must have election material in two languagesVoting generalization: Africa Americans vote Dem.election 1992: more conservative electedRedistricting: State legislature draws congressional and state districts Newspaper election coverage: usually cover the day-in-day activatesPublic money for elections: only the presidential race can receive public moneyDivided government: Congress control by one party and presidency by another would delay confirming judges voting eligibility: left up to the statesPolitical Efficacy: the belief that you can make a different in government by expression your opinion.Motor voter Act: Can register to vote when you register your car. Try to increase youthVoter turnout. Did increase young registering to vote but not voting.Low voter turnout: People believe caused by must register early, weak parties, weekday election votingLocal elections: presidential elections since 1972 have focus on local issues more than national.Interest Groups: testify, sponsor ads, lobby, and pursuit lawsuitslobbyist: help Congress with information on technical issues corporate lobbying: help NY giving information. Try to influence federal judge’s selection Interest groups and political Parties: links citizen with political process. Political Parties interested in broad issues and interest group in one or two issues. Interest groups can form coalitions to defeat judges.PACs: raise money and get influencecaucus = At one time, all states selected their delegates to the national convention by caucus. Today anyone can go to a caucus. Also congress will caucus by parties or groups.Superdelegates= party leaders by setting aside a portion of delegate slots for party leaders and elected officials National primary= to select party nominees has been discussed virtually ever since state primaries were introducedparty platforms and in promoting political representation. Federal Election Campaign Act in 1974 with the goals of tightening reporting requirements for contributions and limiting overall expenditures. A bipartisan Federal Election Commission (FEC) was created to administer campaign finance laws and enforce compliance with their requirements. national nominating conventions Bush v. Gore but ticket-splitting is near an all-time high, with many people voting with one party for one office and another for other offices. Divided government The national convention national committee, national chairperson