Quick AP Go/Po Overview

This is NOT a complete review!!

The US Constitution

• 4 Basic Principles– Separation of Powers – Constitutional

Responsibilities (delegated/enumerated powers)– Checks and Balances– Representation– Federalism – not in the Constitution – it is implied

(how?)

The US Constitution

• Article I – Congress, Senate, House of Representatives (know the DIFFERENCES)– House and Senate have powers separate from

CONGRESS• Article 2 – Executive Power• Article 3 – Judicial Power to Supreme Court

Checks and Balances

• Understand Veto and Veto Override• Judicial Review is NOT a constitutional power– Marshall gave it to himself – no one questioned

• Advice and consent – nominations• Impeachment and Removing• Amending Process – Amendments cannot be

unconstitutionalConstitutional Checks (Formal)

Representation

• Reapportionment and Redistricting – political ramifications

• Gerrymandering• Southern states are getting more electoral

votes– People are retiring to the South (“Hasta La Vista

Bubba”)• Civil Rights, current laws, electoral college

Federalism

• A division of Power (different than separation of power)

• Anytime Congress gives or takes away powers• States control elections, redistricting• Fiscal Federalism – deals with

money/budgeting• Cooperative Federalism – grants, earmarks,

pork barreling

Federalist Papers

• Federalist #10 – Factions (interest groups, political parties) – Madison said “inevitable”

• Federalist #51 – Separation of Power• Federalist #39 – Federalism/Representation• Federalist #78 – Court System

Demographics

• Who typically votes Democratic?– Minorities– Highly intellectual– Low-income– Union members

• Who typically votes Republican?– Educated– Higher-income– More religious– Cuban-Americans– White-collar

Congress – How is it Organized?1. Constitutional – delegating powers (Speaker, President of

Senate, President Pro Temp.)2. Political Parties – not in Constitution– Organized around leadership

3. Committees– House Appropriations – spending– House Ways and Means – raise taxes– House Rules – rules (traffic cop)

• Open, close, Germane (amendment to bill addresses the same subject), debate

– Judicial Committees– Standing Committees– Committees have appropriate jurisdiction – they specialize

• Its where members make their names (political capital)• Earmarks

Senate and House

• Senate has less formal rules than House (less numbers)

• Senate has advice and consent over Presidential nominations

• Revenue bills start in House• House impeaches, Senate holds trial• Redistricting – constituency, incumbency

President

• 6 Formal Powers– Legislative Powers (veto, pocket veto, signing

legislation)– State of the Union Address– Appointment Power– Calling Congress into Session– Chief Executive role (“faithfully execute the law”

clause)– Commander in Chief

Supreme Court

• Judicial Branch• *Holy Trinity* of court cases– Marbury v. Madison – judicial review– McCulloch v. Maryland – implied powers– Gibbons v. Ogden – interstate trade

• US v. Lopez and others (?) – When does Congress step on Amendment 10?

• Nomination and approval• Interpretation of Amendments • Judiciary Acts of 1789 and Appeal/Trials Courts• Dual System

Article 4

• “Full Faith and Credit”• Gay Marriage?

Article 5 – Amendment Process

• Proposed by Congress with a 2/3 majority vote in both the House and Senate

OR• Constitutional Convention called for by 2/3 of

state legislatures

None of the 27 amendments have been proposed by Constitutional Convention

Article 6 – Supremacy Clause

• Federal Government has supremacy over states

• Constitution is the Supreme law of the land• Established in McCulloch v. Maryland

Amendment 1 – Free Exercise & Establishment Clause

• Speech can be symbolic• Engel v. Vitale• Division v. Smith• Texas v. Johnson• Tinker v. Des Moines• *Gitlow* - 1st incorporation case• Schenk• Skokie case

Amendment 4 – Unreasonable Search and Seizure

• Probable cause• Mapp v. Ohio – “exclusionary rule”• What is “unreasonable”?

Amendment 5 – Due Process

• Miranda v. Arizona

Amendment 6 – Right to Counsel

• Gideon v. Wainwright (overruled Betts v. Brady)

Amendment 10 – Reserved Powers

• Basis of Federalism• Any powers not delegated to the national

government are reserved for the states– Education– Voting

Amendment 14 – Equal Protection

• Used to punish the South during Reconstruction• Only place in the Constitution where citizenship is

defined– Immigration– Federalism – no state shall take away rights of the citizens

• Incorporation Doctrine – extends civil liberties (Bill of Rights) and makes them civil rights– Know the difference between civil rights and civil liberties– Selective Incorporation is on a case by case basis

Selective Incorporation Cases• Freedom of Speech, Gitlow v. New York (1925)• Freedom of the Press, Near v. Minnesota (1931) • Right to Counsel in Capital Cases, Powell v. Alabama (1932)• Freedom of Assembly, DeJonge v. Oregon (1937)• Free Exercise of Religion, Cantwell v. Connecticut (1940)• No Established National Religion, Everson v. Board of Ed. (1947)• Ban on Unreasonable Search and Seizure, Wolf v. Colorado (1949)• No evidence from Illegal Searches, Mapp v. Ohio (1961)• No Cruel and Unusual Punishment, Robinson v. California (1962)• Right to Counsel in all Felony Cases, Gideon v. Wainwright (1963)• No Self-Incrimination, Malloy v. Hogan (1964)• Right to Confront Adverse Witnesses, Pointer v. Texas (1965)• Right to Impartial Jury, Parker v. Gladden (1966)• Right to Obtain Defense Witnesses, Washington v. Texas (1967)• Right to Speedy Trial, Klopfer v. North Carolina (1967)• No Double Jeopardy, Benton v. Marland (1968)• Right to Counsel for Imprisonable Misdemeanors, Argersinger v. Hamlin (1972)• Right to Notice of Accusation, Rabe, Washington (1972)

Interest Groups

• Linkage mechanism, used to educate decision makers

Demands Interest Groups Decision-makers Output

•Lobby•Public Hearings•Educate

Iron TrianglesInterest Group - Demands

Committee – Legislation Made

Agency – Policy is implemented

Lobbying!

Political Action Committees (PACs)

• Where do they come from?– Federal Election Campaign Act (1974)• Hard money (limited) or soft money (loophole)

• Bipartisan Campaign Reform Act (BCRA) makes soft money illegal– Growth of 527s (tax-exempt under section 527 of

IRS tax code and not regulated by FEC)

Political Parties

• Political parties run candidates, interest groups support candidates

• 3rd parties serve as catalyst (example: populist to progressives)

Critical Elections

• Realignment and dealignment

Important Acts

• Civil Rights Act of 1964– Discrimination illegal…public accommodations, facilities, housing,

education, employment– Equal Employment Opportunity

• Voting Rights Act of 1965– Prevented states from passing laws that would limit participation

• Federal Election Campaign Act 1972 & 74– Limited funds given by PACs, full disclosure, Buckley v. Valeo cut

down the limitations of candidate spending– Federal Election Commission

• Bipartisan Campaign Reform Act 2002– Outlawed the use of soft money– Increased hard money…issue advocacy

Important Acts

• Budget and Accounting Act 1921– Created modern budget process…president given power to

design government• Budget Impoundment and Control Act 1974– Budget Calendar, Budget Committees in Congress,

Congressional Budget Office• Temporary Assistance to Needy Families Act 1996– Ended Aid to Families with Dependent Children (AFDC)…

block grants to state for social assistance• Unfunded Mandate Act– Limited the power of Congress to force compliance with

federal programs without federal funding

Important Acts

• Violence Against Women Act– Declared unconstitutional by US v. Morrison

• Americans with Disabilities Act 1990– Public accommodations, did not provide funding

• Motor Voter Registration Act– Passed and vetoed (George Bush Sr.)…passed again

by Clinton– Register to vote with driver license renewal

• War Powers Act 1973– Limited war making powers of the President

Important Acts

• Title IX of the Civil Rights Act of 1974– Any school receiving federal funding must not

discriminate in female school activities• Lobby Reform Act 1995– Disclosure and registration of lobbyists

• Ethics in Government Act 1978– Disclosure of income and any positions held, limited

employment of former agency members• Pendleton Act 1883– Ended the Spoils system (patronage) and created Civil

Service Reform

Important Acts

• Freedom of Information Act 2000– Release records and information (with exemptions) of public

documents• No Child Left Behind 2002

– Passed to improve education in public schools…”unfunded mandate”, controversial

– Helps underperforming schools, not suburban areas, costly for states• Patriot Act 2001

– Among its provisions, the Act increased the ability of law enforcement agencies to search telephone, email communications, medical, financial and other records

– Eased restrictions on foreign intelligence gathering within the United States

For More Review..

• C-SPAN CRAM for the EXAM– Review videos on www.citizenu.org– Saturday, May 7th: Cram session at 9 am on C-SPAN– Watch last year’s review online at

http://www.c-spanclassroom.org • Scroll down to the very bottom, it’s the number 1 video

• Online Flashcards– http://www.funnelbrain.com/category.php?sid=15– http://quizlet.com/2225277/ap-government-review-

vocabulary-flash-cards/