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AP Government & AP Government & Politics – USPolitics – US

THE COOLEST AP CLASSTHE COOLEST AP CLASSAt SGMHS!At SGMHS!

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Acronyms SCOTUS POTUS CBO GAO OMB EPA FED ADA PAC

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Answers SCOTUS – Supreme Court of the United

States POTUS – President of the United States CBO – Congressional Budget Office GAO – General Accounting Office OMB – Office of Management & Budget EPA – Environmental Protection Agency FED – Federal Reserve Board of Governors ADA – American with Disabilities Act

(1990) PAC – Political Action Committee 3

2/32/3

Override presidential veto in both Override presidential veto in both houses of Congresshouses of Congress

Senate approval of a treatySenate approval of a treaty Impeachment trial in the SenateImpeachment trial in the Senate Proposal for a Constitutional Proposal for a Constitutional

Amendment in both houses of Amendment in both houses of CongressCongress

Proposal for a Constitutional Proposal for a Constitutional Amendment in national conventionAmendment in national convention

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Articles of Confederation National government could not levy taxesNational government could not levy taxes No national armyNo national army No control over trade (domestic of No control over trade (domestic of

foreign)foreign) No federal supremacyNo federal supremacy No Supreme CourtNo Supreme Court No ExecutiveNo Executive Amendments required unanimous voteAmendments required unanimous vote Pass laws – 9/13 votePass laws – 9/13 vote *1781-1787 (*technically since Second *1781-1787 (*technically since Second

Continental Congress)Continental Congress)5

US Constitution PreamblePreamble … “We the People of the United … “We the People of the United

States, in Order to form a more perfect States, in Order to form a more perfect Union…”Union…”

7 articles7 articles Article I – Legislative, II – Executive, III – Judicial, Article I – Legislative, II – Executive, III – Judicial,

IV – Full faith credit, extradition, federalism, IV – Full faith credit, extradition, federalism, creation new states, V – Amending, VI – Supremacy creation new states, V – Amending, VI – Supremacy Clause, VII – Ratification Clause, VII – Ratification

27 Amendments27 Amendments (Bill of Rights 1-10, ratified (Bill of Rights 1-10, ratified 1791)1791)

1787 – 1787 – Constitutional ConventionConstitutional Convention ““Supreme Law of the Land” Supreme Law of the Land” (Article VI) (Article VI) Living document – Living document – read and interpreted by read and interpreted by

courts around the world.courts around the world.6

Principles of the Principles of the ConstitutionConstitution

Checks and BalancesChecks and Balances Separation of PowersSeparation of Powers FederalismFederalism RepublicanismRepublicanism Judicial reviewJudicial review Other liberties included within the Other liberties included within the

articles articles Writ of habeas corpus - Writ of habeas corpus - statement of charge to “hold statement of charge to “hold

the body”the body” No bill of attainder - No bill of attainder - laws that make an individual laws that make an individual

guilty of a crime without a trial, were barredguilty of a crime without a trial, were barred No ex post facto laws - No ex post facto laws - which declared an action a which declared an action a

crime after it had been performed, were not permittedcrime after it had been performed, were not permitted7

Marbury v. Madison Marbury v. Madison (1803)(1803)

Judicial review, executive privilege, Judicial review, executive privilege, federalism, jurisdiction federalism, jurisdiction

1st time S.C. declared a 1st time S.C. declared a Congressional act -- Judiciary Act of Congressional act -- Judiciary Act of 1789 -- unconstitutional1789 -- unconstitutional

Chief Justice John Marshall wrote Chief Justice John Marshall wrote decisiondecision

Legitimized the role of the Supreme Legitimized the role of the Supreme CourtCourt

Marbury v. Madison (1803) 8

Federalist No. 10Federalist No. 10 Publius (James Madison)Factions (interest Factions (interest

groups/parties/passions) and REPUBLICAN form of groups/parties/passions) and REPUBLICAN form of governmentgovernment

Factions allow us to consider all sides; inevitable Factions allow us to consider all sides; inevitable differences; but dangerous if not monitored. differences; but dangerous if not monitored. Government is the mediator between factions, none Government is the mediator between factions, none should gain enough power to violate other’s rights in should gain enough power to violate other’s rights in free governmentfree government

““liberty is to faction what air is to fire…”liberty is to faction what air is to fire…” ““The regulation of these various and interfering The regulation of these various and interfering

interests forms the principal task of modern interests forms the principal task of modern legislation…”legislation…”

George Washington in his Farewell Address warned George Washington in his Farewell Address warned against factions and political partiesagainst factions and political parties

Federalist No. 10 9

Federalist No. 51Federalist No. 51 Publius (James Madison) Separation of branches; Checks and Separation of branches; Checks and

balances balances ““The great difficultly lies in this: you The great difficultly lies in this: you

must first enable the government to must first enable the government to control the governed; and in the next control the governed; and in the next place oblige it to control itself.”place oblige it to control itself.”

““ambition must be made to counteract ambition must be made to counteract ambition”ambition”

““If men were angels, no government If men were angels, no government would be necessary.”would be necessary.”

Federalist No. 51 10

Federalist No. 78Federalist No. 78 Publius (Alexander Hamilton) Judicial power implied judicial reviewJudicial power implied judicial review The independence of judges is an The independence of judges is an

essential safeguard against effects of essential safeguard against effects of societysociety

(Judicial Branch) has “neither FORCE (Judicial Branch) has “neither FORCE NOR WILL, but merely judgment…”NOR WILL, but merely judgment…”

““right of the courts to pronounce right of the courts to pronounce legislative acts void…”legislative acts void…”

““No legislative act, therefore, contrary to No legislative act, therefore, contrary to the constitution, can be valid.” the constitution, can be valid.”

Federalist No. 78 11

Delegated PowersDelegated Powers

Powers granted to one of the Powers granted to one of the three branches of the national three branches of the national government by the Constitutiongovernment by the Constitution

Enumerated – usually refers to Enumerated – usually refers to Congressional powers Article I, Congressional powers Article I, Section 8Section 8

Expressed – powers derived Expressed – powers derived from the Constitutionfrom the Constitution

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Implied PowersImplied Powers

Authority granted by inference of Authority granted by inference of the Constitution’s delegated powersthe Constitution’s delegated powers

(I.8.18.) = Article I, section 8, clause (I.8.18.) = Article I, section 8, clause 18 “necessary and proper clause”18 “necessary and proper clause”

McCulloch v. Maryland (1819)(1819) Congress has the enumerated power Congress has the enumerated power

to “declare war” whereas the to “declare war” whereas the President has Commander-in-Chief President has Commander-in-Chief power to command armed forces. power to command armed forces.

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McCulloch v. Maryland McCulloch v. Maryland (1819)(1819) Federal supremacy (Article VI) - supremacy Federal supremacy (Article VI) - supremacy

clauseclause Unanimous decisionUnanimous decision Question over the power of Congress to Question over the power of Congress to

establish a national bankestablish a national bank Implied power - (I.8.18) Congress may “make all Implied power - (I.8.18) Congress may “make all

laws necessary and proper for carrying into laws necessary and proper for carrying into execution …and all other powers vested in…the execution …and all other powers vested in…the gov’t of the United States ” or the gov’t of the United States ” or the elastic elastic clauseclause

Justice John Marshall expanded the role of the Justice John Marshall expanded the role of the national governmentnational government

““Power to tax is the power to destroy” Power to tax is the power to destroy” McCulloch v. Maryland (1819)

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Inherent PowersInherent Powers

Self-evident powersSelf-evident powers Protection of citizens under the Protection of citizens under the

governmentgovernment Powers which are automatic for a nation-Powers which are automatic for a nation-

state – foreign negotiations, make state – foreign negotiations, make international agreements, acquire international agreements, acquire territory, protection of citizens, etc.territory, protection of citizens, etc.

The US is a sovereign power among The US is a sovereign power among nationsnations

Presidents question their inherent powers Presidents question their inherent powers during times of crisis and emergenciesduring times of crisis and emergencies15

Dual FederalismDual Federalism Layer cake Layer cake limited powers given to the national limited powers given to the national

government (national defense and foreign government (national defense and foreign policy) and the rest left to the sovereign policy) and the rest left to the sovereign statesstates

Each level dominant within its own sphereEach level dominant within its own sphere Tenth AmendmentTenth Amendment Conservative stanceConservative stance Supreme Court is umpireSupreme Court is umpire Supreme Court favored this interpretation Supreme Court favored this interpretation

for the first 100 years of American historyfor the first 100 years of American history Decentralist view (states rights)Decentralist view (states rights)

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Cooperative FederalismCooperative Federalism

Marble cake (Morton Grodzins)Marble cake (Morton Grodzins) Stresses federalism as a system of Stresses federalism as a system of

intergovernmental relations in delivering intergovernmental relations in delivering goods and serves to peoplegoods and serves to people

Calls for all levels of government to work Calls for all levels of government to work togethertogether

Government is involved in a variety of Government is involved in a variety of issues and programsissues and programs

New Deal Programs - FDRNew Deal Programs - FDR Liberal stanceLiberal stance Centralist viewCentralist view 17

Horizontal FederalismHorizontal Federalism State to state relationsState to state relations Full Faith & Credit (IV,1) Full Faith & Credit (IV,1) requires states to requires states to

enforce court judgments of other states (divorce) and enforce court judgments of other states (divorce) and accept public records as valid (marriage licenses, accept public records as valid (marriage licenses, identifications)identifications)

Interstate Privileges and Immunities (IV, Interstate Privileges and Immunities (IV, 2) 2) must extend to citizens of other states - protection must extend to citizens of other states - protection of laws, right to engage in peaceful occupations, of laws, right to engage in peaceful occupations, access to courts and freedom of discriminatory taxes; access to courts and freedom of discriminatory taxes; states may not impose unreasonable residency states may not impose unreasonable residency requirements (such as medical care or voting requirements (such as medical care or voting requirements for new residents) requirements for new residents)

Extradition (IV, 2) Extradition (IV, 2) states must deliver criminals states must deliver criminals back to home stateback to home state

Interstate Compacts (I, 10)Interstate Compacts (I, 10) states must settle states must settle disputes peacefully; all state to state compacts must be disputes peacefully; all state to state compacts must be approved by Congressapproved by Congress 18

GrantsGrants Ways that federal gov’t disperses $ to state and Ways that federal gov’t disperses $ to state and

local governmentslocal governments ““Grants-in-aid”; revenue sharingGrants-in-aid”; revenue sharing CategoricalCategorical -- formula grants, $ for a specific -- formula grants, $ for a specific

purposes, subject to federal supervision (school purposes, subject to federal supervision (school lunches, building of highways and airports)lunches, building of highways and airports)

Project Grants Project Grants -- state, local, and -- state, local, and nongovernmental agencies can apply for $ nongovernmental agencies can apply for $ (universities, employment training programs); (universities, employment training programs); National Science FoundationNational Science Foundation

BlockBlock -- broad grants to states for prescribed -- broad grants to states for prescribed activities with few strings attached (child care, activities with few strings attached (child care, welfare, social services, education and health welfare, social services, education and health care)care)

““Devolution revolution” - the effort to slow the Devolution revolution” - the effort to slow the growth of the federal government by returning growth of the federal government by returning many functions to the states (welfare) – Welfare many functions to the states (welfare) – Welfare Reform Act 1996Reform Act 1996

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MandatesMandates Federal law for all levels of governmentFederal law for all levels of government New Deal Programs, Great Society New Deal Programs, Great Society

Programs, Clean Air Act were mandates Programs, Clean Air Act were mandates for the nationfor the nation

Unfunded MandatesUnfunded Mandates Americans With Disabilities Act 1990 (ADA)(ADA) Unfunded Mandates Reform Act of 1995 - Unfunded Mandates Reform Act of 1995 -

requires the Congressional Budget Office requires the Congressional Budget Office (CBO) and federal agencies to report the (CBO) and federal agencies to report the impact of unfunded mandates describing the impact of unfunded mandates describing the impact on state and local governmentsimpact on state and local governments

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New Techniques of New Techniques of Federal Control (beyond Federal Control (beyond

mandates)mandates) Direct orders - criminal sanction enforced Direct orders - criminal sanction enforced (Equal Opportunity Employment Act of (Equal Opportunity Employment Act of 1972)1972)

Cross-Cutting Requirements - federal Cross-Cutting Requirements - federal grants may establish conditions (Civil grants may establish conditions (Civil Rights Act 1964)Rights Act 1964)

Crossover Sanctions - sanctions permit Crossover Sanctions - sanctions permit the use of federal $ in programs to the use of federal $ in programs to influence state/local policies (1984 act influence state/local policies (1984 act reduced fed highway $ if states didn’t reduced fed highway $ if states didn’t increase 21 drinking age)increase 21 drinking age)

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I (1I (1stst) Amendment) Amendment Civil Liberties Civil Liberties ““Congress shall make no law respecting an Congress shall make no law respecting an

establishment of establishment of religionreligion, or prohibiting the , or prohibiting the free exercise thereof; or abridging the free exercise thereof; or abridging the freedom of freedom of speechspeech, or the , or the presspress, or the right , or the right of the people to peacefully to of the people to peacefully to assemblassemble, and e, and to to petitionpetition the Government for a redress of the Government for a redress of grievances.”grievances.”

Schenck v. United States (1919) speech, (1919) speech, clear and present dangerclear and present danger

Gitlow v. New York (1925) (1925) incorporation of incorporation of First Amendment’s freedoms of speech and press First Amendment’s freedoms of speech and press provisions, citing the Fourteenth Amendment’s due provisions, citing the Fourteenth Amendment’s due process clause to apply to state lawprocess clause to apply to state law 22

I (1I (1stst) Amendment) Amendment Establishment Clause: Establishment Clause: “make no law “make no law

respecting the establishment of …”respecting the establishment of …” Lemon v. Kurtzman (1971)(1971) “lemon test “lemon test

or 3-prong test”or 3-prong test” Engel v. Vitale (1962) (1962) no state-sponsored no state-sponsored

prayer in public schoolprayer in public school Free exercise clause Free exercise clause “or prohibiting the “or prohibiting the

free exercise of…”free exercise of…” Reynolds v. United States ( 1878) – polygamy is ( 1878) – polygamy is

illegal and is not protected under 1illegal and is not protected under 1stst AmendmentAmendment

Oregon v. Smith (1990) – unlawful drug use is (1990) – unlawful drug use is illegal in religious ceremonies and is not illegal in religious ceremonies and is not protected under 1protected under 1stst Amendment Amendment

Bill of Rights Institute Religious Liberty

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XIV (14XIV (14thth) Amendment - ) Amendment - 18681868 Defined citizenshipDefined citizenship

Clauses:Clauses: privilege and and privilege and and immunities, immunities, Due processDue process, equal , equal protection protection

Incorporation Incorporation Application of due process clause to the Application of due process clause to the

State law – “nor shall any State deprive State law – “nor shall any State deprive any person of life, liberty, or property, any person of life, liberty, or property, without the due process of the law”without the due process of the law”

Gitlow v. New York (1925)

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Incorporation DoctrineIncorporation Doctrine

The legal concept under which the The legal concept under which the Supreme Court (and federal courts) Supreme Court (and federal courts) has “nationalized” the Bill of Rights has “nationalized” the Bill of Rights by making most of its provisions by making most of its provisions applicable to the states through the applicable to the states through the Fourteenth Amendment.Fourteenth Amendment.

The following amendments have not The following amendments have not been incorporated: III, VII, X (Grand been incorporated: III, VII, X (Grand Jury)Jury)

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Selective IncorporationSelective Incorporation Selective Incorporation – the Supreme Selective Incorporation – the Supreme

Court (or federal courts) decide on a case-Court (or federal courts) decide on a case-by-case basis, when to apply the Bill of by-case basis, when to apply the Bill of Rights to state law from the due process Rights to state law from the due process or equal protection clauses in the or equal protection clauses in the Fourteenth Amendment.Fourteenth Amendment.

Palko v. Connecticut (1937) – first (1937) – first rejection by S.C. of “total” incorporation; rejection by S.C. of “total” incorporation; ruled that the Fifth Amendment double ruled that the Fifth Amendment double jeopardy provision does not apply to the jeopardy provision does not apply to the states through the Fourteenth states through the Fourteenth Amendment. Amendment. (overturned by (overturned by Benton v. MarylandBenton v. Maryland, , 1969 – incorporated double jeopardy)1969 – incorporated double jeopardy) 26

IV (Fourth) AmendmentIV (Fourth) Amendment

Search and seizuresSearch and seizures Wolf v. Colorado (1949) (1949)

(incorporation case, 4(incorporation case, 4thth and 14 and 14thth Amendments)Amendments)

Mapp v. Ohio (1961) - (1961) - (incorporation case, 4(incorporation case, 4thth and 14 and 14thth Amendment)Amendment) Exclusionary rule – anything Exclusionary rule – anything

obtained from an illegal search obtained from an illegal search cannot be used in courtcannot be used in court 27

Due ProcessDue Process

5th and 14th Amendments5th and 14th Amendments Protection against deprivation of Protection against deprivation of

life, liberty, or propertylife, liberty, or property Rights of the accusedRights of the accused Origin from the Magna Carta Origin from the Magna Carta

(1215)(1215)

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V (Fifth) AmendmentV (Fifth) Amendment

Due processDue process Eminent domain (gov’t will pay $ for Eminent domain (gov’t will pay $ for

private property)private property) Self-incriminationSelf-incrimination Double jeopardyDouble jeopardy Capital crime – Grand Jury (except Capital crime – Grand Jury (except

Military and emergencies)Military and emergencies)

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VI (Sixth) AmendmentVI (Sixth) Amendment

Fair and speedy trial; right to Fair and speedy trial; right to counselcounsel

Miranda v. Arizona (1966)(1966) rights of rights of the accused, Fifth amendment, right the accused, Fifth amendment, right to counsel, self-incriminationto counsel, self-incrimination

Gideon v. Wainwright (1963)(1963) counsel counsel must be provided in felony cases must be provided in felony cases (incorporation case – due process in (incorporation case – due process in 66thth and 14 and 14thth Amendments) Amendments)

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Suffrage AmendmentsSuffrage Amendments

XV (15) – (1870) African American XV (15) – (1870) African American malesmales

XVII (17) – (1913) XVII (17) – (1913) direct elections for US direct elections for US SenatorsSenators

XIX (19) – (1920) Women SuffrageXIX (19) – (1920) Women Suffrage XXIII (23) - (1961) District of Columbia XXIII (23) - (1961) District of Columbia

residents vote for presidentresidents vote for president XXIV (24) - (1964) prohibit poll taxes XXIV (24) - (1964) prohibit poll taxes XXVI (26) – (1971) 18 year old voteXXVI (26) – (1971) 18 year old vote

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Article IArticle I

Legislative Branch (Congress)Legislative Branch (Congress) House and SenateHouse and Senate Very detailed powers - enumerated (I.8) Very detailed powers - enumerated (I.8) impeachmentimpeachment Gives Congress the most powerGives Congress the most power ““Necessary-and-proper” clauseNecessary-and-proper” clause Habeas corpus, no bill of attainder or ex Habeas corpus, no bill of attainder or ex

post facto lawspost facto laws Interstate commerce clauseInterstate commerce clause CensusCensus

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Enumerated Powers of Enumerated Powers of CongressCongress Levy taxesLevy taxes

BorrowBorrow Regulate commerceRegulate commerce Naturalization and bankruptcyNaturalization and bankruptcy Coin moneyCoin money Establish a Post OfficeEstablish a Post Office Patents and copyrightsPatents and copyrights Create CourtsCreate Courts Declare warDeclare war Create army and navyCreate army and navy Govern the District of ColumbiaGovern the District of Columbia

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House of House of RepresentativesRepresentatives

435, 2 year term, 25 years old, 7year resident, 435, 2 year term, 25 years old, 7year resident, citizencitizen

Apportionment by population for each state; Florida Apportionment by population for each state; Florida has *27 Congressional districts (after 2010 Census)has *27 Congressional districts (after 2010 Census)

Districts decided by state legislatures, census of Districts decided by state legislatures, census of pop every 10 yearspop every 10 years

Smaller constituency, less staffers, less media, Smaller constituency, less staffers, less media, limited debate timelimited debate time

All appropriation/revenue bills start in the HOUSEAll appropriation/revenue bills start in the HOUSE Ways and Means CommitteeWays and Means Committee Rules Committee (decides rules of debate)Rules Committee (decides rules of debate) Quorum (218)Quorum (218) Speaker of the House (3rd in the succession of Speaker of the House (3rd in the succession of

presidency)presidency) Policy specialistsPolicy specialists Power to vote for impeachment (accusation)Power to vote for impeachment (accusation)

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GerrymanderingGerrymandering Drawing of boundary lines for Drawing of boundary lines for

Congressional districts to obtain partisan Congressional districts to obtain partisan or factional advantageor factional advantage

From Governor Gerry of MA in 1811, the From Governor Gerry of MA in 1811, the shape of his district looked like a shape of his district looked like a salamandersalamander

Shaw v. Reno (1993) (1993) racial gerrymandering racial gerrymandering unconstitutional, equal protection clause XIV unconstitutional, equal protection clause XIV AmendmentAmendment

State Legislatures redraw districts after State Legislatures redraw districts after census (every ten years), sometimes add census (every ten years), sometimes add or lose Congressional districts based on or lose Congressional districts based on their state’s population increases or their state’s population increases or decreasesdecreases

http://www.floridaredistricting.org/

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SenateSenate 100 (2 per state)100 (2 per state) Larger constituency, more staffers, more Larger constituency, more staffers, more

seniority, more media, more prestige seniority, more media, more prestige 6 year term, 30 years old, 9 years resident, 6 year term, 30 years old, 9 years resident,

citizencitizen Riders allowed on billsRiders allowed on bills Filibuster and cloture (3/5 of Senate)Filibuster and cloture (3/5 of Senate) Confirmation presidential nominations: Confirmation presidential nominations:

federal judges, ambassadors, US marshals, federal judges, ambassadors, US marshals, Supreme Court justicesSupreme Court justices

Ratify treaties (2/3)Ratify treaties (2/3) Hold impeachment trials (2/3)Hold impeachment trials (2/3)

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Legislative vetoLegislative veto

Congress invalidates Executive Congress invalidates Executive Branch acts/policiesBranch acts/policies

Rejection of a presidential or Rejection of a presidential or administrative agency action by a administrative agency action by a vote of one of both houses of vote of one of both houses of Congress without the consent of the Congress without the consent of the president president

Immigration and Naturalization Service (INS) v. Chadha (1983) (1983) Supreme Court held that Supreme Court held that legislative veto is unconstitutional; legislative veto is unconstitutional; question over the separation of question over the separation of powerspowers

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Bipartisan Campaign Finance Reform Act (BCRA)

““McCain-Feingold bill” (2002)McCain-Feingold bill” (2002) Changed some parts in FECA 1974Changed some parts in FECA 1974 $2,100 (individual) to candidate for each election$2,100 (individual) to candidate for each election $10,000 (individual) to state party or PAC$10,000 (individual) to state party or PAC $26,700 (individual) to national party committee$26,700 (individual) to national party committee Ban on soft $ - donations to party committees for Ban on soft $ - donations to party committees for

buying equipment, remodeling headquarters, buying equipment, remodeling headquarters, staffing regional offices, or get-out-the-vote staffing regional offices, or get-out-the-vote drives; not for a specific candidatedrives; not for a specific candidate

Definition of hard $ - financial contributions Definition of hard $ - financial contributions given directly to a candidate running for officegiven directly to a candidate running for office

Buckley v. Valeo (1976) (1976) individual candidate can individual candidate can spend unlimited amount on self campaignspend unlimited amount on self campaign

Citizens United v. Federal Elections Commission (2010) 38

Article IIArticle II

Executive Powers Executive Powers Vague on purpose and meaningVague on purpose and meaning Commander-in-Chief (power to Commander-in-Chief (power to

make war)make war) Make treatiesMake treaties Make pardonsMake pardons State of the Union AddressState of the Union Address Appointments to the federal gov’tAppointments to the federal gov’t http://www.articleii.org/index.htm

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PresidencyPresidency

Article IIArticle II 4 year term, 35 yrs old, 14 yr 4 year term, 35 yrs old, 14 yr

resident and US natural-born citizenresident and US natural-born citizen XXII (22) Amendment, max 2 terms XXII (22) Amendment, max 2 terms

in office, or 10 years, reaction to in office, or 10 years, reaction to FDRFDR

XII (12) changed the election XII (12) changed the election process of the president (electoral)process of the president (electoral)

XXV (25) disability and succession of XXV (25) disability and succession of president president

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Formal Powers of Formal Powers of PresidentPresident

**Commander in ChiefCommander in Chief **Commission Officers (of military)Commission Officers (of military) Grant pardonsGrant pardons State of the Union, Convene CongressState of the Union, Convene Congress **Receive ambassadors, or other public Receive ambassadors, or other public

MinistersMinisters Wield “executive power”Wield “executive power” ““Take Care” that Laws be faithfully executedTake Care” that Laws be faithfully executed Appoint officials (ambassadors, public Appoint officials (ambassadors, public

ministers, SC Justices, and all other officers)ministers, SC Justices, and all other officers) Veto and approve legislationVeto and approve legislation **Make treatiesMake treaties **denotes foreign powersdenotes foreign powers 41

Informal Powers of the Informal Powers of the PresidentPresident

Morale builderMorale builder Party leaderParty leader Legislative leaderLegislative leader Coalition leaderCoalition leader Crisis managerCrisis manager Personnel recruiterPersonnel recruiter ““Leader of the Free World”Leader of the Free World” Persuader “bully pulpit” (Teddy Persuader “bully pulpit” (Teddy

Roosevelt)Roosevelt)42

Veto Veto President can veto and send the bill President can veto and send the bill

back to Congress with the reasons back to Congress with the reasons why why

Pocket veto -- if the President does Pocket veto -- if the President does not sign or veto within 10 days, not sign or veto within 10 days, and and Congress adjourns,Congress adjourns, the bill is dead the bill is dead

bill turns into LAW – “put it in a bill turns into LAW – “put it in a drawer” President neither signs or drawer” President neither signs or vetoes within 10 days (Congress in vetoes within 10 days (Congress in session), bill becomes law.session), bill becomes law.

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War Powers Resolution War Powers Resolution of 1973of 1973

Reaction to Vietnam Conflict Reaction to Vietnam Conflict Congressional act sent to Nixon, he vetoed it, Congressional act sent to Nixon, he vetoed it,

sent back to Congress, overrode veto with 2/3 sent back to Congress, overrode veto with 2/3 vote vote

Presidents since Nixon have violated and have Presidents since Nixon have violated and have not been punished not been punished

President can commit US forces to action only President can commit US forces to action only After a declaration of war by CongressAfter a declaration of war by Congress In national emergency created by an attack on the In national emergency created by an attack on the

U.S. of it forcesU.S. of it forces President must report his action to Congress within President must report his action to Congress within

48 hours and withdrawn troops within 60 days48 hours and withdrawn troops within 60 days Congress, with a concurrent resolution, can remove Congress, with a concurrent resolution, can remove

troops after 90 days without a veto by Presidenttroops after 90 days without a veto by President War Powers Resolution

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Line-item vetoLine-item veto

Most state governors have this Most state governors have this powerpower

Line Item Veto Act 1996Line Item Veto Act 1996 Intent was to give President Intent was to give President

more power over the budget more power over the budget Clinton et al. v. New York et al. Clinton et al. v. New York et al.

(1998) decision 6-3; (1998) decision 6-3; unconstitutional unconstitutional

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impoundmentimpoundment

Refusal of the president to Refusal of the president to spend $ appropriated by spend $ appropriated by Congress for a specific programCongress for a specific program

Temporary delay tactic to Temporary delay tactic to control spending control spending

Budget and Impoundment Budget and Impoundment Control Act (1974)Control Act (1974) reduced the reduced the President’s impoundment President’s impoundment powerspowers 46

Participation in Participation in GovernmentGovernment

ConventionalConventional - Relatively routine political - Relatively routine political behavior that uses institutional channels behavior that uses institutional channels and is acceptable to the dominant culture and is acceptable to the dominant culture (voting, writing elected officials, political (voting, writing elected officials, political demonstrations - holding signs in protest, demonstrations - holding signs in protest, signing a petition)signing a petition)

UnconventionalUnconventional - relatively uncommon - relatively uncommon political behavior that challenges or defies political behavior that challenges or defies established institutions and dominant established institutions and dominant norms (Boston Tea Party 1773, boycotting, norms (Boston Tea Party 1773, boycotting, occupying buildings, locking arms to block, occupying buildings, locking arms to block, striking, 1968 Dem Convention, assembly striking, 1968 Dem Convention, assembly of a militia group, suicide bombers)of a militia group, suicide bombers)

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docketdocket

Supreme Court’s agenda of cases to Supreme Court’s agenda of cases to be heard be heard

+/- 100 granted +/- 100 granted writ of certiorari writ of certiorari “to “to be informed”be informed”

2-3 are original jurisdiction2-3 are original jurisdiction Rule of FourRule of Four stare decisis Appellate jurisdictionAppellate jurisdiction Must address a Constitutional or Must address a Constitutional or

federal questionfederal question 48

entitlemententitlement

A claim for A claim for government funds government funds that that cannot be abridgedcannot be abridged without violating without violating the rights of the claimant, the rights of the claimant, for for example Social Security benefits or example Social Security benefits or payments on a contractpayments on a contract; any federal ; any federal government program that benefits government program that benefits to Americans who meet to Americans who meet requirements specified by lawrequirements specified by law..

50% of our budget50% of our budget

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Multimedia Resources

Apps Pocket Justice CRAM Presidents US Presidents Constitution FedPapers USA Manual Declaration Congress 50

Multimedia Resources Continued http://apgovmultimedia.wikispaces.com/

AP+Govt+Exam+Review+Resources http://www.archives.gov/federal-register/electoral-

college/teach.html http://www.constitutioncenter.org/ncc_edu_Students.aspx http://www.icivics.org/ http://bensguide.gpo.gov/9-12/index.html http://www.articleii.org/index.html http://www.billofrightsinstitute.org/dnn/ http://www.c-spanclassroom.org/Video/621/

High+School+AP+US+Government+Exam+Review.aspx Watch C-SPAN “Cram for the Exam” on Washington

Journal the weekend prior to the exam http://c-span.org/Series/Washington-Journal/

More LINKS on my website 51

ResourcesResources

AP Central College Board AP Central College Board Government & Politcs -US Home PageGovernment & Politcs -US Home Page

Janda, Kenneth, et. alJanda, Kenneth, et. al. The Challenge of . The Challenge of Democracy - Government in America Democracy - Government in America

(Eight (Eight Edition).Edition). Houghton Mifflin, Houghton Mifflin, 2005. 2005.

Magleby, David B. et. al. Magleby, David B. et. al. Government By the Government By the People (21st ed).People (21st ed). Pearson Prentice Hall, Pearson Prentice Hall, 2006.2006.

Wilson, James Q. and John J. DiIulio, Jr. Wilson, James Q. and John J. DiIulio, Jr. American Government Institutions and American Government Institutions and Policies (Ninth Policies (Ninth Edition). Edition). Houghton Houghton Mifflin, 2004.Mifflin, 2004.

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Format of ExamFormat of Exam50 % - 60 questions – 45 50 % - 60 questions – 45 minutesminutes

50 % - 4 Free Response 50 % - 4 Free Response Questions – 100 minutes Questions – 100 minutes (25 minutes per (25 minutes per question)question)

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GOOD LUCK!GOOD LUCK!

AP Government & Politics -USAP Government & Politics -USEXAMEXAM

Tuesday, May 15, 2012Tuesday, May 15, 2012

Relax and do your best!Relax and do your best!Thanks for attending this Thanks for attending this

review!review!54