AP EXAM REVIEW

US 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 governments• Dual federalism (layer cake) – separate and

distinct roles – focuses on 10th amendment• Cooperative 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- 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

3 – 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 win• Voters 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 Theories• Pluralist – competing groups are good

because they offer options and force government to act

• Hyperpluralist – 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, money• Free 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

4- 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 committee• Subcommittee studies, holds hearings,

debates• Original 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 Senate• President can sign or veto• Congress 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 (Boehner)

• Senate – VP is technical leader (Biden), president pro tempore is honorary position given to most senior member (Leahy), 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

5 – 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

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)

6- 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 Press• Prior 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 states• Due process, double jeopardy, Miranda

warnings, exclusionary rule, good-faith exception

• 9th Amendment – not all rights have been listed in the Constitution• Privacy, 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 scrutiny• Compelling governmental interest• Narrowly tailored• Least restrictive means

• Bakke – race can be used as one criteria for admissions

GOOD LUCK! DO YOUR BEST!