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AP U.S.

Govt Review
CRRRRRUUUUNCH
TIME!
AP Gov't Review

A. Review coverage
I. Constitutional Underpinnings +Fed =
5-15%
II. Pol Beliefs + behav = 10-20%
III. Pol Parties SIG + Mass Media = 1020%
IV. Institutions = 35-45%
V. Public Policy = 5-15%
VI. Civil Rights + Civil Liberties = 515%
AP Gov't Review

B. Exam Breakdown
60 MC questions of total score 45
mins
II. Essays 4 free response in 100 minutes
Each essay is worth 1/8 of total score . . .
Or a combined total of 50 % of total.
I.

Essays can cover either separate


components outlined previously or
combine elements or factors discussed
in part A. See adjoining sheet for
possible themes or subject matter.
AP Gov't Review

Examination Tools
1.
2.
3.
4.
5.
6.
7.

Text book
Notes
Workbook
Peers
Review book
Review materials
And the old guy. . .

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If
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I. Constitutional Underpinnings
What is the purpose of Politics?
1)
A conflicting state where one Selects leaders
2)
Leaders work w/in institutions
3)
To make. . .
Ans: Policy
B. 1. System - Define democracy
ans: it selects + formulates policy which
represents + responds to the public preferences.
a. Theory encompasses 5 elements:
(1) equality in voting
(2) effective participation
(3) Enlightened understanding - plethora of ideas. . .
(4) citizen control of the agenda.
(5) inclusion of all who are willing to participate.
A.

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b. Majority rule w/ minority rights. An issue


of power .
What is a majority . . .
Majority = An acculumalation of minorities
B. Who really Governs?
(1) Pluralist theory
competition among groups .
(2) Elite + Class Theory
Class splits . . .Big Business rules!
(3) Hyperpluralism
Groups divide govt, making it ineffective. . .
(4) Theory of one. . .
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C. Political theorists represent theories


Hume
Human nature that man was evil. . .Gov t by the
many with negotiation and compromise promoting
a union + eventually establishing a republic.
2. Hobbes
one needs an inherited monarchy to promote the
legitimacy of govt. Absolutism rules. . .Self
interest is natl interest.
3. Locke
1689 - social contract theory - Life, liberty and
property - Consent of the govt by
Parliament( few) who had a stake in society
because it represented people of property. . .poor
people dont lose much when life deteriorates.
4. Rousseau
Rule by all - a complete democracy -1.

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Rousseau
Hume
Locke
Hobbes
All
Many
Few One
hyperplurlism plurlism Elite/class Absolute
The above is a . . . .
Political spectrum!
D. When one governs, one seeks power -Define:
Ability to persuade someone else that it is
in their (self)ish interest to follow you.
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Power Distribution
1. Power can be distributed three ways in a
democracy:
(a) power elite - (Hobbes) - Representative
Democracy
(b) political elite- (Hobbes + Locke) Participatory democracy
(c) majoritarian rule- (Locke or Hume) Direct
Democracy
d. Mob rule - Rousseau
2. What does one do with power? --Make Policy: - Actions of Govt. . .
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D3.Revolution + the 1st Constitution


Articles of Confederation
A ). What could it do
b). And worse. . .what couldnt it do. . .
4. What showed its the A+C true weaknesses
Shays Rebellion
5. The second Constitution:
a. Equality
1)Representation is established by what type of
Govt?
ANs: (REPUBLICAN)

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New Jersey Plan offered what?


(= represent)
v. Virginia Plan which offered?
(prop. representation )
led to which agreement?
Connecticut Compromise: that
offered:
US Senate ( 2 Senators per state) US
House - (Reps per population of state)
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2) slavery - South wanted all males


counted? Three-fifths compromise. - A
show stopper
b. Who can vote
Property owners vs. disenfranchised.
Who controlled elections?
Ans. States set election laws.
c. Economics Who will control?
Congress shall rule + it will build the
infrastructure (Post offices to taxationArticle I)
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d. Individual rights
Constitution lacked in this area- show stopper
although the Consti did mention six issues:
1) Writ of habeas corpus
2) bill of attainders
3) ex post facto laws
4) religious preferences to hold office
5) treasonous offenses
6) trial by jury
But were we being ruled by men or by laws . . .
to protect us from these men wanted the ???
the Bill of Rights was added to protect us from
govt. . .a recollection of all the ills that the
colonists resided under British rule.
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e. Popular sovereignty?
What is it?
Ans> ability to control ones destiny
f. Checks + Balances? What is it?
Each branch oversees the other
g. Separation of Powers . . .
Who wrote the doctrine?
Montesqueiu. . .What does it mean?
Each branch has a certain function?
h. What was the purpose of the B Of R?
Protect one from govt
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Ratification
States voted- - -only needed ? states to ratify
9 (A of Confed needed ? approval to amend)
unanimous
a. Federalists v. Anti-feds (1) issue -- the 2nd Consti was a class-based
document that benefited only the economic
elite!
(2) fundamental liberties! Were the Bill of
Rights enough?
3. Federal $$$$$. . .diminishes State $$$$$.
Result Who ratified the constitution?
State special conventions would ratify, not
state legislators
-

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9. Changing the ConstitutionAmendment Process


a. Formal process 2 steps?
(1) proposal Vote
(1)

2/3 of each Congr or National convention

(2) Ratification
- 3/4 of state leg or spec convention
(3) - 27 Amendments - taxation to congressional
salaries
b. informal process- 4 ways
(1) Federal court decisions - Marbury v. Madison
(2) Changing political practices - Dems v. Reps
Liberals v. Conservatives
(3) Domestic politics to foreign politics. Policy makers
carry big sticks in implementing policy.
EOs and Leg decision Congr resolutions. . .
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Federalism
Define
a decentralization of govt. -- a sharing of the
wealth + govt power.
1.
DELEGATED powers belong to;
Feds rule - Make war
(a) INHERENT
1) all govt possess these pwrs. . .immigration
(b) Expressed (Enumerated)
1) Stated specifically . . .Congress makes law
(c) Implied
1) (Makes expressed powers work) Congress
establishes a civil service system to hire federal
workers.
-

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b. Concurrent POWERS
shared power.
i.e. education, taxation, Safety
c. reserved POWERS
states rule - welfare, local education control, local
govts, professional licensing.
2. Who shall rule in conflict Where in the Constitution:
Art VI- Supremacy Clause - and Implied powers of
national govt upheld with . ..
McCullogh v. Maryland. Established the which
clause?
elastic clause that gave the Congress the >>>
Necessary and Proper Clause (implied powers) to
enact policies to run the country!
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3. If not stated- states have the rights Which Amendment?


10th
4. Commerce power Ct Case?
Gibbons v. Ogden . Interstate +
internatl commerce . Congress rules!
5. Full Faith and Credit clause
One states validity carries over state
borders - i.e. marriage licences.
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6. From Dual to cooperative federalism

a. Education sets the stage for both the Feds +


states to work together in fiscal harmony
b. Shared Costs of Fiscal federalismc. Grant-In-Aid
Feds sell land to fund programs!
d. Categorical grants
specific $$ for specific projec w/ strings
attached. . .non-discrimatory - Cross cutting
requirements - Offenders lose it all!
(1) Project grants
(1)

NSF - competitive requests

(2) Formula grantDo you meet the formula. i.e. public housing,
employment programs
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e. Block grants
social service endeavors w/ less strings
attached. SIGS pursue the $350 billion
f. Mandates
Feds dictate specific guidelines. . .if
dont comply, penalized or lose the
funding. . .
Special ed, Disability Act, Clean Air. .
.Medicaid
(a) unfunded mandates. . .
Laws w/o funding. . .
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Practice Essay

6. The United States Constitution has endured


for more than two centuries as the framework
of government. However, the meaning of the
Constitution has been changed both by
formal and informal methods.
(a) Identify two formal methods for adding
amendments to the Constitution.
(b) Describe two informal methods that have
been used to change the meaning of the
Constitution. Provide one specific example
for each informal method you described.
(c) Explain why informal methods are used
more often than the formal amendment
process.
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Practice Essay #2
The US has evolved from a system of dual
federalism to a system of cooperative
federalism. In the past two decades,
some powers have devolved from the
federal govt to the state govt.
a.
Identify and explain one factor that led to
the natl govt having significantly more
power than the states.
b.
Identify and explain one factor that led to
cooperative federalism.
c.
Identify and explain one factor than led
to devolution.
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Essay #2 Answer
a.

b.

c.

Ct rulings: McCullogh v. Maryland


(Elastic clause and N+P + Clause .
States cant tax (2 pts)
Grants in Aid encouraged state dev;
Medicare handouts but they all come
with conditions of aid. (2 pts)
Debt load, more state right
advocates. TANF program was once a
categorical grant but now it is a block
grant. 2 pts
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Essay Rubrics #1
Hse + Sen Proposal w/ supermajority
or special convention . . . State Leg
confirm
with 38 or spec convention.
b. Need two 0f five informal methods
c. Informal is easier and can happen
daily, especially w/ court cases.
Formal does provide more of a
thorough legislative process. . .just
not a judicial whim.
a.

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II. Political Culture


How does one determine the
socialization of the American
constituent?
1. Six factors
a. Wte of tradition + customs
b. Impact of events
c. Changes in the way of political elites
d. families
e. school
f. relationships (as the paradigms shift)
A.

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2. WHO establishes our political value


system. . .Who sets the agenda?
a. SIGS
b. Political institutions
c. Media The New Parent (hand out
media handout)
d. family
e. Social Econonic Stratification (SES)
as one grows older.
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B. Americas Demographics: Who are we?


1. Demographics . . . Deal with what?
a. gender
b. occupation
c. Race
d. religion
e. SES - social class
How does one determine demographics?
2. Census building - It will happen every 10 years. How does it
impact us politically?
a.Congressional apportionment / Electoral College
b. Redistricting
c. Block grant distribution
3) Minority/majority is influencing the great melting pot. by
2050 - Whites will be only 52% of society
Who is the largest minority?
Hispanics

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4. What Act requires employers to document


the citizenship of employees or face fines?
Simpson/Mazzoli
3. How has the shifting of America occurred?
from Frost Belt to Sun Belt: (SW, SE and
Texas dramatic population increases(20%
growth rates) while North has 5% growth)
How has this impacted the American
political scene?
Ans. Congress + reapportionment; Red +
Blue states . . .more
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4. GRAY POWER
Baby boomers graying rapidly. How
has this impacted the political
landscape?
they wish to collect their $5 trillion in
Social Security benefits! -- Their SIGS
possess clout - i,e, AARP, others.

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c. How does one gauge Americas


pulse?

POLLLLING1.
Early 1950s George Gallup Polled a microcosm of
American political thought . . . What scientific device?
- a Sample -a)
the more random the better. . .????
everyone has a chance of being selected. . .
b) Biased samplestated preference
c) representative sample .
i.e. Democrats only
2. Samples are not perfect -- ???
sampling error . . .
1-5% error rate per 1,-000- 2,000 responses. . .The bigger the
sample. . . .the less the sampling error.
3. random-digit dialing speeds up the process!

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4. How do Polls assist politicians . .


.
a.
detect public preferences.
..
Are their shifts in thinking . . .creating
possible shifts in policy making.
c.
It has become the issue of selling policy
instead of possibly doing whats right!
d.
Avoiding compromises to appease radical
shifts!. Politicians love them when they
agree with them, they hate them when they
disagree.
5. Bandwagon effects is . . .
jump on board. . .instead of doing what s
right!
b.

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6. What is an Exit poll ?


QA voters after they vote.
Whats wrong w/ them?
Can control elections, East votes earlier than
west.
7. What is a push poll?
ANs: Opponent asks a negative Q late in
campaign and the contender doesnt have
time to respond.
8. Polls can show 3 items. . .
a. relevancy, or salience of a topic + intensity
b. stability
c. direction. . .positive or negative
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d. Liberals + conservatives?
Size of govt `Liberals
`Conservatives
Natl, fed big govt, centralized
small. .
.state. . .decentralized
(b) Change
progressive
status quo
(c) international diplomacy
a)

Coalitions

(d) View of man

Can be cured

Isolationists + Security
Evil, needs order

(e) Use of violence to maintain order


Changing environment
disciplinarians
2. True Liberals a) Blue dogs
Conservative Democrats, Dixiecrats
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Reagan era shift to the right. . .Clinton


era shift to the left, then to the
middle. . .Bush era Right . . .
Politically. . .what is this called?
Re-alignment of political ideology.

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D. Political participation: The many forms-How: 8 ways to participate.


1.
Voting. Only 50% vote in natl elections. Voters
see a lack of political efficacy?
Ans: not being able to politically effect society
through the political process.
They have no influence. . . (T-19)
2. Join SIGS
3. Give $$$$ to SIGS thru PACS
4. Become a political elite
5. Contacting govt officials on a regular basis
6. Working on a campaign
7. civil disobedience
8. Violence
Who participates more?
higher SES participate more. . . and get more!
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E. Mass Media:
Fourth Estate (Mass Media) Power originates . . .
2.
1st Amendment provides the incentive to report
the News which is . . . .
a timely occurence that informs the public.
2. What is a Media Event. . .
Get your name or picture in print or on the tube!
either through news events or paid
advertising!
Often Politicians make news to get on the
news.
3. What is a Spin Masters?
Person hired specifically to promote the image of
the candidate! i.e. Reagan era advice:
1.

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7. Competition in the medias has


forced them to be much more
aggressive and bend the
journalistic rules of using reliable
sources and the sound bite and
great images! WhaT IS A Sound bite?
Ans. Short clip of a dramatic statement
from the politician.

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8. Narrowcasting v. Broadcasting. . .
(focus on specific news or issues 24 hours a day)
may fulfill political junkies or spin issues out of
control.
Or one can turn to the BLOGGERS . . .
9. Politicians can manipulate the press by sending up:
a.
trial balloons to see how the public will react to
certain issues. Then back off if the response is
negative.
b.
both the political elites and the medias dance to
get the upperhand. . .and both seek the
advantage in dispensing their agenda. . .
c.
The Press wishes to inform the masses. . . vs. the
politicians attempt to put it in a good light. . .
10. Undoubtedly, coverage impacts public opinion!
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11. 4 Mass media roles


Signaler
alert the public ASAP 24/7 news
b. Agenda setting
focus publics attn
c. Common Carrier role
Open channel from politician to
constituent
D. Watch dog role
Protect the public from politicians.
There is tension between what two roles?
Common carrier and watch dog
More of a tendency to report bad . . .than a
bias tint.
a.

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criticisms of the press


1.
2.
3.

4.

Not objective Biases are prevalent


Only a few own a lot the big 6
Sensational news more important
than the real news.
Selling image instead of the issues

E. Amassing public support


Special Interest groups (SIGS)
Purpose of
influencing the govt at all levels,
all branches. No govt stone shall be
left unturned!
Political parties goals are to:
make policy. . . SIGS goal is too:
Influence. . .
-

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Types of groups
Biggest:
1. Business or economic sector
heavily funded.
2. Labor
3. Single issue
4. Public interest
5. Smallest
You if you can find a friend.

How Influence? Six strategies or techniques. . .


a. Provide data to Govt + agencies. Policy specialists
( Pol parties are party generalists)
b. draft legislation via the Iron Triangle (issue) network
of
SIGS
Govt agencies
Congressional subcommittees
c. lawsuits (amicus curiae, Friend of the court)
class action court cases.
d. education
e. Watchdogs of govt. . .
f. Lobbyists- hired guns or political persuaders, whose
job is to promote the SIGS interests via. . .pressure
(garnering votes, + $$$$, idealists. )
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4. SUCCESSFUL SIGS:
What determines success?
a. size of the group . . .
(1) is it a potential group--a mixture (consumers) of many who could
belong,
(1) vs.an actual group of hard core (NRA)
followers.
(2) Potential groups (or large groups) suffer
from? free-rider status. i.e. all minimum
wage earners benefit from minimum wage
increases. . .so why work toward it. . .
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b. Intensity - Single issue groups - NRA,


NOW, Gun Control, abortion
c. $$$$ - As of 1974, corporations and
Unions can not directly fund political
campaigns. . .BUT Political Action
Committees (PACS) , the political arm
of SIGS, can fund candidates
campaigns
w/ what type of money?
Hard $$$ NOOOOT Soft! Or via. . .
527s

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Buckley v. Valeo?
extended $$$ to indirect financing
(TV ads)
(b). Soft Money - 1980 - Can earmark
funds to a political party, unlimited
contributions. . . $400 million
allocated in 2000 election to Dems +
Republicans.
Today soft money is not regulated.
Citizens United v. FEC
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d. Going Public. . .reaching out to


influence public opinion. . Ads sell! a
great form of propaganda!
Interest group participation is
culmination of political participatory
activities.

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III. Political parties + elections


A. . US Parties typically been two-party offering American voters a choice. . .which is
what democracy is all about!
1. Historically - Federalists v. anti-federalists
evolved into Democrats v. Republicans although
3rd parties have popped up. What are the types
a. ideological - Socialists, Independents
b. Single issue - free soilers, Greenpeace
c. Economic protests - greenback party
d. splinter - Bull Moose . . .Which 3 rd party was
MOST successful. . .
Bull Moose . . .How judge success?
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2. Republicans and Democrats have switched in


ideological dominance since 1800, referred to as .
..
Re-alignment.. . .
Since 1968, era of one party runs the Exec Branch,
the other controls Congress . . .which could create
legislative gridlock. This is called:
Divided govt. . .
3. ALL parties promote same purpose: 6 purposes:
a. pick Candidates via a nomination
b. runs campaigns
c. establish an image. . .
d. articulate policies
e. coordinate policymaking
f. compete for votes
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Downs Rational Choice theory states .


.
centrist policies usually win. . .don t drift
too far from moderate proposals.
2) Many voters have moved to the
middle of party identification >>>
this is called
Moderation . . . .or moderites . . .
Nope. . . How about
a dealignment of party ID.
(1)

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B. Party machines each ???? manages its own operation


The states- decentralized and fragmented
system.
1. What dominates - Its the good boy/girl club.
Patronage - Party regulars become govt
appointees.
2. Finding the right candidates takes parties
through grass roots democracy all the way
through campaigns until election day.
It seems to last foooooooor evvvvverrrrr!
a.
How does one come across a potential party
elite?
Be a party regular! and hold a public office at
some level - US Congressperson or state Guv
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b. Goal of a Prez candidate running for the


candidacy?

Amass enough delegates at the natl convention to win the


NOMINATION! All 50 states run their own shows! How amass
delegates?

(1). caucus (12 states use this road) . . . What is it?


finds delegates for the next level. . . The town mtg.
First caucus?
IOWA and also begins platform development.
(2).Primaries
Electoral event that weeds out the candidates, not
parties. . .you can win w/o party endorsement.. .but it
is difficult
1968 McGovern-Fraser commission set rules for Dems:
- More Minority representation at DEM convention. But
- The super delegates . . . .
- Top Natl officials get delegate spots
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(a)

closed primary:

(1) only party faithful can vote

(b) Open primary:


You select which camp to vote in
(c) Blanket
all parties run on one ballot. - Supreme Court said it was unconstitutional, violated
basic function of political party - to choose
candidates - Democratic party v. Jones.
(d) GOAL- you win the primary, so . . .
you get the number of delegates the state law allocates.
Some are proportional, some winner take all. . .
(e) Goal during campaign
>>>> get the BIG MOo o o o! which gives you??? 4M s. .
(1) Momentum
(2) After all the primaries - tally up your delegates and a
majority gets you the . . .
nomination at the convention.
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Majority vs. Plurality


Majority needs ____ of the vote.
An: 50+. . . .an example where one needs it
AN: electoral college . . .passing legislation
A plurality needs _____ of the vote
One more than all the others. Example
Winning elections. . .
Winner take all means . . .
Win it and you get all the bennies
Proportional . . .
Divide up the pie based on the vote . . .Example
Some states use proportional to determine delegates in
Primaries
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(3) $$$$$$$$ . . . Campaign donations


flood in. . .
(4) Media attention. . .Press wants to
promote a(n) . . . .
Horse race for the nomination.

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C. Natl convention
Natl convention what happens here?
a) select presidential + VP candidates,
b) sets platform, endorses all party nominees
for other offices! Ho Hum (T-30)
2. National committee
3. national chairperson
4. Goal after nomination:
form enough coalitions ( of SIGS) to win
the election.
5. Campaign highway. Goal:
(a) dominate the media
(b) vanquish your opponent
1.

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c. Spends lots of $$$


money is the mothers milk of politics
(1) What was established in 1974 following H20GATE
scandal to control flow of money to parties?
FEC . . .what does it do?
gives public financing to candidates.
limits presidential candidates expenditures to $80
million per candidate
requires disclosure of all expenses.
limits an individuals candidates contributions to
$2,300.
PACs can spend unlimited amounts. . .ct case?
(Buckley v. Valeo) indirectly until 2002. This was called?
soft money. Now Citizens United v. FEC
-Voluntary contributions
6. Today- many constituents are pulling away from
party IDs -- dealignment- - and this is leading to:
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Divided Govt
a) Minnesota had a three way split!
b) Voters have become indifferent!
--Dealignment
Where are voters going. . .
2. Third Parties - What do they represent?
Minnesotas Reform Party is a prime
exampleJesses Revolution has been one of many
state led 3rd parties at the natl level:

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Recent 3rd Party Players?


1. Ralph Nader . . .stole some of Al Gores left
wing thunder in 2000 election. . .It was that
close! and . . .
2. Ross Perot took away George Bush Srs thunder
in 1992 when Bill Clinton won.
In the 04/08 elections, were 3rd parties an
issue?
c. Third parties have an uphill fight. . .
(1) Single member plurality voting system
(winner take all) system favors two parties. . .
and Jesse is only 1 governor of 50
(2) Two Big Parties have organization. . .
(3) Two Big parties can moderate views to
enhance voters.
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E. Elections
Legitimizing the political process
1. Elections provide for:
a. Institutionalizing the political process. All
forms of political participation can end here ..,
Voting b. Access to political power w/o violence. . Ballot
instead of bullets.
c. guiding policy direction - either by selecting a
new person or by initiatives or referendums?
Special election to vote on voter initiatives.
2. 2000 Election was one of a kind. . . Becuz . . .

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a. US Supreme Ct ruled in Bush v. Gore that:


although a recount was legal, the same
procedure had to be used in ALL counties, not
only those in question. . .
AND there was not enough time to accomplish
that mission B4 December 12, when the
electoral college was to meet. . .soooooo Bush
won Florida and w/ 271 electoral votes to
Gores 269. . . So why the controversy???
b. only the 4th time the winner of the popular
vote lost an election.
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Getting Citizens to vote


Sufferage an issue in three constitutional
amendments:
15th, 19th, 26th. YOUR 18.
you can vote. . .but too many dont. 51% in
2000 election. . High 50s in 04.
Only 30%+ in off year voting. Many more
appeared in 04. MN leads in voter turnout.
2. Who does vote: Six characteristics:
a. Old b. high SES
c. Educated
d. Gender - Females higher
e. Married f. union membership
1.

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Who doesnt or cant vote? WHY?


1.
2.
3.
4.
5.
6.

Not old enough


Aliens
Felons
Too busy
Lack political efficacy
Not registered.

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Election Essay
4. Since the 1960s, the process of
selecting presidential candidates has
been altered by the changing role of
presidential primaries and national
party conventions. Identify and
explain four effects that have
resulted from this change in the
presidential selection process.
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Election Rubric
Effects:
Longer campaigns>> Increased costs >>
Early fund raising>>Media coverage >>
Front loading >>Ticket balancing >>
New breed of spin masters >>Full time job
to run>> party leadership role declines>>
Regional party blocs>>Primaries, caucuses
are REALLY Important>>conventions are
not>> truly republican>> Swing states!!

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3. (a) Identify a third-party candidate within the


last two decades who received significant
popular votes but no electoral votes and
provide an explanation for that discrepancy.
(b) Identify a third-party candidate who received
significant popular votes as well as significant
electoral votes, and provide an explanation for
that outcome.
(c) In seeking to win presidential electons, third
parties face challenges not faced by major
parties. Identify two of these challenges and
explain why third parties face these
challenges.
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IV. Congress + Budget


The Independent Politician
Why are congressperson so independent? 4 reasons. . .
1.
Congresspersons (represent themselves
and/or constituents. . .not political parties
2.
They do NOT have to support the govt in
power. . .they are separate, but equal
partners in the political system.
3. A vote against the Govt, does not bring about
a collapse of govt, i.e. GB, Italy, France,
Germany. US Govt continues day to day
operations even w/ gridlock. . .
4. Pol parties do NOT control nominations for
office, so they cannot control . . .
how a legislator votes on legislation.
A.

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B. Congressional powers
1. Powers: initiate, modify, approve or reject legislation
in a variety of political arenas,
2. + they share supervision of administrative
agencies . . .
3. build consensus among legislators + constituents.
4. educate
5. oversees bureaucracies
4) investigates
5) Hse-initiates $$$ bills;
6. Senate-confirms, ratifies executive decisions
a) Art.1 sect 8, clauses 1-17 expressed powers; clause
18- implied powers (raise troops). This is called>>>
Necessary + proper clause the court case is >>>
b) McCullogh v. Maryland
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c) Gibbons v. Ogden gave us >>>


Commerce Clause
states cant interfere w/ Congr
attempt to regulate interstate
commerce!
This led to what legislation in the
1960s?
civil rights legislation

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C. Constitutional Requirements
HSE

Senate

25

30

Age
Citizen
Residency

7
9
Yes
Yes
(district) State

Native Born
No

No

435

100

Members
Occupation

Womn 108)

Business
Law
78?
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Business
14?
73

Since both houses possess decentralized power


bases, Congress persons engage in
Substantive representation >>> which is
representing interests of groups.
2. Congressional goalGet elected-- Stay elected!
a. Incumbency -- What is it?
b. 1) Im in, now get me out. As party
partisanship declines. . .legislators bear more
of the burden to getting re-elected.
c. Safe districts prevail-?
90% of reps in the 1980s got re-elected by
60% of the vote. 50% for senators. Marginal
districts claim only 55% or less of the votes. In
2004 election, 90% of incumbents got reelected.
1.

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d) What makes an incumbent so


invincible?
1) + visibility -- contacting the
constituents. . .somehow i.e. travel
home, franking, getting on the news
2) + credit claiming- Casework (helping out
constituents to the vast porkbarrel
(getting a chunk of that $1.9 trillion and
bringing it home to mama. Why did
Brainerd get a by-pass?
3) position taking - meeting roll call votes.
4) weak opponents - who lack the cash
flow. opponents miss out on #1 + #2
above
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e. How are incumbents vulnerable?


(1) Scandals
(2) re-apportionment
(3) gerrymandering - drawing districts to favor
one party over another. State issue.
(4) Majority-Minority districts gives minorities
advantage in electing minorities.
wHat court case made majority/minority
unconstitutional .
Shaw v. Reno however, Supreme Ct claimed
re-districting in North Carolina was
unconstitutional

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Making policy
A collection of generalists making policy on specific
topics.
If one needs to know how to vote on a bill. . .who do
you ask ?
a committee person for advice
1. House - Protecting the Masses .
a)Who is the traffic cop on legislation?
House Rules Committee controls the flow of bills establishes a rule for each bill which schedules
it.
b) Leadership Who is the top person?
(1) Speaker - only office mandated by the
Constitution Who selects?
Party caucus selected 4 powers?
((a)) Presides over the House; Prez succession 3rd
((b)) Committee assignments influence
((c)) appoints Rules Committee members
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((d)) Influences bill assignments
to Committee

Who are the other House leaders?


Majority leader
Minority leader
Party whips
Committee chairpersons

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Senate
a. leadership
1) Vice President - President of the Sen
Significant power?
but he can break a tie vote. . .and it
happens
2) Majority Leader - selected by Whom?
Congressional Party caucus. 3)Minority Leader
4) PARTY whips-

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Committees what types?


legislation and Oversight
a. Standing Committees
separate subject matter committees
b Joint Committees
Hse + senate share membership i.e.
taxation
c. Conference committees
Two bills need one explanation- Both
houses compromise here.
d. select committees
for specific reason
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f. committees also perform >>>


oversight if and when a bill ever
becomes law.
g. Committee chairpersons How
selected? Party caucus. Seniority
prevails but majority caucuses now can
choose chairpersons. What do they do?
Manage legislation thru bill making
process.
h. Caucuses v. party leadershiplegislators ban together under
ideological flag: Black caucus, pro-life,
pro-choice, gun control
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Law Question

Legislation must go through an arduous


process before a bill becomes a law.
a) Describe 3 stages where a bill may be
eliminated in the legislative law-making
process.
b) Of the 3 described in (a), explain which
one contributes to the most bills being
eliminated.
c) Explain two factors indicating how
partisanship is involved in the success or
failure of developing legislation.
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Law answer
a) There are 15 ways. Must be truly
distinct. . .no double dipping.
b) Answers my vary, but for example, 90%
of legislation is terminated in the
committee process.
c. Divided govt within the legislature.
2) Filibusters
3) Party line voting is high on roll call votes.
4) Party line voting in committee
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Bill >>>> LAW


1.

2.
3.
a.

Who can introduce a Bill:


You, legislator, president, bureaucracy. .
Speaker or Sen Maj leader does what?
titles it + numbers it.
Off to Committee action Subcommittee >>>>
a.

schedule hearings, Revise it, approve it, kill


it

b. Committee >>>>
schedules hearings, Revise it, approve
it, kill it
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c. Hse - Rules committee


Schedules Hse rules for floor action
1)
closed rule
1)

limits debate, amendments

2) open rule
amendments allowed
3) restrictive rule
selective amendments
4) A discharge petition???
can avoid Rules. Speaker can initiate
5) Suspend the Rules . . .
To floor for vote.
d. Senate Who schedules debate?
House Majority leader. .
OOPS Senate Majority leader.
Amendments are open for any cause.
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3. Floor action
a.

Committee of the Whole Where found?


a.

Hse - (100 or more members) can debate bills. No


riders can be added. . .

b. Quorum call
218 House members needed to vote. .
.majority passes legislation
c. Senate can add What to legislation?
riders
4. If Senate and/or Hse disagree, Bill goes to:
Select committee . . .
Oops conference committee
5. Full Hse + Full Senate vote on conference
committee version -6. To President for signature or his veto
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Passing Legislation?
1. Appeasing the Chief Legislator
2. Party influence - 50% of the time
legislators will vote party line. . . Hse
partisanship is stronger than the Senate.
3. Who do legislators attempt to please?
Constituency support - legislators are
seen as trustees and instructed
delegates = politicos,
4. Who else do Reps appease?
SIGS + lobbyists - Been restricted by
Congress in reporting who they
represent and how much they spend. . ..
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GEE. The Federal $$$$ Tree. . .


The annual assessment of govt expenditures +
assets
Budget
a.
Govt collects $$$ via and spends it via
expenditures. If tax allocations are higher. .
.its a(n)
entitlement . . .
OOPS Surplus
b. if expenses are higher. . .its a . . .
debt >>> Add them up its
national deficit
OOPS deficit. . .big one is a debt,
c. a $11.2 trillion dollar shortfall. . .of which 10%
of the current budget pays JUST the INTEREST.
1.

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2. Federal income:
(1) #1 source
Income tax which Amendment:
14th power to tax people via the IRS - 50%
OOPs 16th
(2) Corporate tax- 10%
(3) Social Insurance - FICA - 33%
(4) Borrowing - Debt load - shifts burden to
future tax payers. Provokes thoughts of a
balanced budget amendment w/ certain
provisions.
(5) Lost Federal income-?
Fed tax loopholes the Grand DEDUCTION: -Tax BREAKS! TAX
Expenditures
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3. Federal expenditures top 3:


(1)
Education
OOPS - Social Service state- (income security costs
for the elderly, the poor, and the needy- Social
Security Act 1935, Medicare 1965, 1/3 of federal
budget.
(2) National Defense
(3) Interest on the Debt
f. The budget process is based on what idea? How
much should I get next year. . .
(1)
incrementalism
Discretionary expenditures
Increase last years budget by an increment to
satisfy this years budget. Your budget proposal
goes to whom?
OMB
(2) Uncontrollable expenditures - 2/3 of the budget
(a)
entitlements - You qualify, you get them, no
matter what the cost to the govt, even if all the
funds are depleted. . .
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Where does the budget process


Begin:

1. Federal agencies submit their requests to


OMB. . . Who consolidate requests and then
gives them to the president who then. . .
2. Puts together the budget and delivers it
viaSOTU . . . .
3. Congress then holds hearings w/ the
standing committees and finally approves
the . . .
4. 13 Appropriations bills. Prez signs it!
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Budget Reform
Instead of just thinking we will only spend so
much, Congress has established reforms to
improve the process --1974 Act
(a) Fixed budget calendar
(b) budget committee
(c) CBO
(d) 1974 Reforms - budget resolution established
in April sets the bottom line
((1)) budget reconciliation- change
appropriations to reflect proposed savings
((2)) authorization bill ????
sets program spending limits.
((3)) Appropriations bill ????? Show me the $$$$
funds programs based on an authorization bill.
Cant go higher, but can give lower amounts.
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Social Policy
What are the two types of social welfare?
Student scholarships and grants
OOPS:
1.
Social Insurance. . .
a.
Transfer payments:
Benefits given by the govt to individuals
b. Cash pay outs i.e. Social security payments;
Entitlements- also referred to as social
insurance programs- you pay, you play! Also
Unemployment Insurance
2) In-kind transfers food stamps, low interest
college loans.
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2. Public assistance program:


1)
Funded by tax revenues and available only
to the needy through a means test?
One must prove they need welfare.
a)
TANF (Temporary Assistance for Needy
Families (formerly AFDC) that was put in
place by the 1996 Welfare to Work Act
1)) Five year welfare status.
2))Must find work w/in two years
3)) unmarried teen mothers must stay in
school and live w/ parent or guardian
4)) Mothers must ID deliquent fathers
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a. Which program does the public view


more favorably: Means tested or
social insurance programs? Why?
Ans: Social insurance programs are
entitled because you pay into it.
Means tested are often viewed as
throwing $$$ at a problem, not
necessarily fixing the problem.
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Education works . . .BUTT . . .


Enforcement is difficult w/ the
caseload and the thought of reducing
govt costs.
b. Education . . .
the Horatio Alger approach of
bettering oneself through school is a
popular. . .and expensive notion.
Fact: the quality of education depends
significantly on the wealth of the
community in which a child resides.
a.

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. Largest state budget allocation is education. . .but


Nevada ranks in the low 40s in quality of
education issues.
i.
Parents want results:
1)
School choice. . .let schools compete
2)
Voucher system:
Court ruled states can give parents vouchers for prvt
access to schools >>>
Engel v. Vitale . . .
OOPS Zelman v. Simmons-Harris (02)
3) Purpose of NCLB . . .
Integrate public schools via busing
Nope that was Mecklenburg . . .
Set Natl standards for math + reading
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Congress Essay
2. Political scientists often note that Congress
is too responsive to constituents, and,
especially to organized interests. . . while
others argue that Congress is too insulated
from ordinary citizens.
a. Identify an organized interest and explain
what characteristics the interest may possess
so Congress would address its needs.
b. Describe how Congress can insulate itself
from its constituents and provide an example
to support your claim.
c. Explain how Congress can overcome
organized interests and better meet the
needs of its constituents

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Cong #1 Essay Rubrics


Size, Educate, $$, Lobby (amicus curaie)
b. Prioritize agenda, Senate terms,
Casework, Hire spinmasters????, Set
limits on lobbyists, Log rolling
Polling. Use bennies of incumbency. Safe
districts. Raise $$ to fight SIGS
c. Earmarks and porkbarreling. . .log rolling.
Target negative spin.
a.

Practice Essay #2

The framers of the United States Constitution


created a legislative system that is bicameral.
However, it is not just bicameral; the framers also
established two houses distinctly different in
character and authority. (06)
A. Explain two reasons why the framers created a
bicameral legislature.
B Identify one power unique to the House of
Representatives and explain why the framers
gave the House the power.
C. Identify one power unique to the Senate and
explain why the framers gave the Senate that
power.
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V. President + Fed Bur


Which Article sets the stage for Executive Power to be
Vested in a president. .

VI
OOPs II
So What does Art VI do?
Supremacy Clause
II.
1. Constitutional Requirements
(a) 35 or older
(b) natural born
(c) 14 years of residency
(d) term limits ? Which amendment?
22. amendment-2 terms plus2)
(e) disability of president turns to . . .
to 25th amendment + succession process. A new nonelected VP needs approval from both houses.
(f) popularly elected, sometimes (accidential presidents)
Not elected by the populace . . .
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Formal Powers

Domestic
1) Power of the purse. . .
NOPE
1) chief legislator-State of the Union, advises,
approves or vetos legislation
2)Chief executive . . .
3) Administrative powers - enforce the laws,
select govt officials (w/Senate approval); run
the bureaucracy via Executive Orders.
Take Care clause of Article II.
4) Judicial powers - reprieves, pardons,
commute federal felons; nominate federal
judges w/ Senate majority confirmation.
a.

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Formal Foreign policy pwrs


1) National Security
a) commander in chief
b) Head of State (receives
ambassadors and other heads of
state)

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Informal powers
a. presidential precedent (Washington
turning to a cabinet for advice)
b. Actions of Congress
giving president power i.e. 1965 Gulf of
Tonkin Resolution v. War Powers Act.
c. Medias use of the Bully Pulpit. Prez
goes directly to the people. i.e. Clinton
in 97 budget freeze. . .Congress lost
that battle.
d. Executive Orders . . . Can be formal or
informal
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Executive Branch
VP is a heart beat away. . . His/her qualifications?
a. Same constitutional requirements as president.
b. Political professional, eases one into the congressional
gridlock.
c. faithful follower which might deter his own presidential
ambitions. i.e., Bush + Gore.
d. Which amendment changed how VP was selected?
13th
Oops 12th
2. Cabinet positions -- How many
12 and the AG
OOPS
-14 secretaries and the AG
All must be confirmed by the
. . . Senate.
a. Responsibilities- execute presidential and congressional
b. Requirements- Prez supporters, usually partisan selections,
1.

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EOB
What is its function?
More advisors for domestic and foreign policy. In
theory partisan, in reality, civil servants who
stay as presidents move on.
Office heads appointed + confirmed by Senate
a. NSC - crisis mgment- liaison to military, CIA
b. CEA - economic trend management
c. OMB- presidential budget oversight; watches
Congress and the Bureaucracy

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WHO(s)
Partisan followers whose sole function
is to support the president.
If not, find another job. West Wing
residents whose purpose is to
oversee the political and policy
interests of the prezno Senate confirm here!

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The other burocrats


filled by federal employees (85%)
unless truly specialists in a given field
(lawyers or businesspersons).
a. Party ID not that relevant because . . .
b. Appease caucus groups: Hispanics,
women, blacks, elderly, far right
constituents. Here are your
participants in the issue network.
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Prez Quality . . .
How get others to follow 1. Act of Persuasion - Constitution is vague on
what the PRESident can do. . .so great
leaders get creative -a. Powers enhanced by:
1) national constituency 2) ceremonial head of state - and party, at
least in first term. This can erode quickly if
ones party deserts you and others compete
in the primaries against you! Its tough to
beat an incumbent!
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Who does the Prez have to


appease?
a. DC political pundits - can one do the job?
Can one possess power- (charismatic
leadership)
One gets 100 days to show your stuff! Make it
count because the honeymoon is over.
b. partisan grassroots- Chief of Party- Be a
good Republican.
c. Joe Public- Use the polls to your advantage.
TV spots are what you make them. When you
are hot, your legislation flows, your fellow
party people get re-elected. (coat-tail effect)
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Chief legislator
in name only. . . the power is shared with Congress
a. Advises- 4 ways
(1) shapes policy (2) consults Congr (3) bargains
(4) appeals to partisans (friends to the party)
b. Disapprovals
(1) Veto - It takes ____ of Hse + Sen to override.
of congress to override
OOPS 2/3
___ day limit or its law. Overrides seldom happen
a) pocket veto
b) Congr adjourns; After 10 days it fails
b) line-item veto- State guvs can eliminate portions of a bill .
. . 96 Congr approved and Prez agreed for an enhanced
rescission of legislation. Prez had 5 days to line-out
legislation. BUT Supreme Ct ruled it unconstitutional
(Clinton v. City of NY)
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Party

and the Presidential Agenda . .

1.) party support - 2/3 of the time party


discipline prevails. But lack of consensus on
policies and diversity of constituents hurts.
Congresspersons follow constituents first. . .
2). Off year elections are not popular for Prez s
except for Clinton in 98 + GW in 02. In 06
history prevailed.
3). Public approval gives leverage, not
commanding influence. Going Public
4). Does one pursue a number of issues
(Clinton) or just three or four (Reagan)
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Foreign Policy
Some created by ones agenda. . .some inherited
by past presidents.
Some domestic, some foreign. Factors that
influence decision making:
1. Chief Diplomat
a) extend + terminate diplomatic recognition
b) Negotiate treaties w/ . . .
2/3rd Senate confirm.
c) executive agreementsd) initiate nuclear war, the President s call.
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2. Commander in Chief- Cold WAR V. HOT WAR


a)
Global military reach- Going to war w/o
declaring war - police actions Korea+Vietnam, Panama, Grenada, Iraq
1)
Foreign policy history:
a)) Isolationism Monroe Doctrine established
the homefront The Americas
b)) WWI we went Over there + Prez Wilson
wanted involvement in a League of
Nations.
Senate said no.
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c)) WWII + Cold War Defeated Japan +


Germany and a power vacuum occurred that
the Ruskies wished to fill.
1)) Containment policy vs. USSR s Communist
Expansion. . .Greece, Korea, Vietnam, Western
Europe. NATO vs. Warsaw Pact.
Also McCarthyism raging at home to thwart
commie infiltration.
d)) Era of Dtente Lessoning of tensions. . .denuke in the 70s after the 60s madness.
e)) Ray Guns Star wars initiativebroke the
Soviets. Or was it the Afganistan invasion of 81
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f)) USSR crumbles. . .China views a mixed


economy. Eastern Europe throws off the yoke
of Communism. USSR is liberated. The wall
falls 1989
g)) Terrorism is the next target. . .
1)) Kuwait + the multi-lateral coalition vs. IRAQ
2)) Unilateral theory of Bush 43 to finish off
Iraq + pursue the Axis of Evil. Any one who
harbors or protects terrorists are against
us.
3))What is the difference between multilateral
and unilateral?
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3 Instruments of Foreign policy


Economic sanctions, embargos,
trade. . .Globalization prevails . . .
2.
Military conventional unconventionalMAD scenarios
3.
Coalition building
a)
UN, CENTO, SEATO, OAS, EU
b)
Multi-national Corporations
4. The Players
a)
Prez + his major players Defense,
State, NSC
b)
Congress
1.

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1) Prez can dispatch troops for 60 days


w/o Congr approval. . .then
2) War Powers resolution - Congress
must allocate funds or troops are
coming home. Gulf War Congr issued
a resolution in support . . . same in
war on terrorism.

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1. Domestically
(a) Prez can VETO legislation
(b) Congress can also prevent Presidential actions
LEGISLATIVE VETO Prez cant put actions into place
until a 30-90 day waiting period. . .Congress
submits a resolution to deny the Presidential
action. . .
(1) SC (Chadha case ) ruled it unconstitutional,
Congress passes laws, Prez signs them into LAW. . .
(2) But Congress still uses the LEG VETO as a threat
to control the bureaucracy!

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(c) Congress can pull back funding if Prez


doesnt spend the allocation. . . . What is that
called?
Impoundment of funds. . (1) Budget Reform
ACT of 1974. . .Does the Prez have to spend all
he gets. . .He cant spend what he doesnt
get!!!
2. Foreign Policy
(a) War Powers Act 1973 MUST notify Congress.
. .but does he need their approval????

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Impeachment
Reason
Hse may charge the president, by majority vote, for
Treason, Bribery, or other high Crimes and
Misdemeanors. Submit Articles of Impeachment to
the
2. Senate,
which holds the trial with the Chief Justice and presiding
judge. 2/3 of Senate votes to convict. . .That s a
supermajority vote.
3. Two Presidents have been impeached,
NONE
convicted. Johnson, + Clinton. . . Nixon resigned B4
trial.
1.

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Federal Burocracy
Federal Civil Service -- powerless patronage
- its what you can do (merit principle)
instead of who you know( the spoils system)
a.
In 1883 this established federal civil service
b.
Pendelton Civil Service Actb. What prohibits civil servants from becoming
political activists while working?
Hatch Actc. Who hires and fires.
Office of Personnel Management (OPM)(1) 1.

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Buro organization
Burocracies follow what model. . .
Weberian Model What makes it so unique?
1) Hierarchy\
2) task specialization
3) merit base not patronage. An assassins bullet changed the
system.
4) Impartiality
5) A culture This is how it is done here type of attitude.
b. Acquisitive/Monopolistic
1) Maximize ones budget2) Only show on the block - monopoly
3) fear of privatization
c. Garbage can - Buy something and then find a use for it.
Solutions are in search of problems.
d. American bureaucracies share each of the above theories in
administering to the needs of the American people.
a.

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Federal Hierarchy
a. Cabinet Departments- 15 of those - although
some have been in jeopardy - i.e. What does
the Commerce department do? Interior
b. Regulatory Agencies
affect economy by making and enforcing
rules designed to protect the public interest.
Munn v. Illinois (1877) ICC followed in
1887 to regulate RRs
Small commission oversees agency. Appointed
by president, confirmed by Senate for fixed
terms - Oust via Just Cause!
SIGS attempt to impact Regulatory agencies!
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1) FRB (Federal reserve Board Regulates $$$ supply > interest rates.
2) NLRB (Natl Labor Relations Board)
3) FCC - licensing and managing the
HUGE TV, telephone, internet; with
some success.
4) FTC - monopoly watch - ad accuracy
5) SEC - police stock market.
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Govt Corporations
like prvt corps. Provide services and charge
for them
1) TVA
2) US Post Office - the largest corp.
3) Amtrack
d. Independent Executive Agencies - all
the rest. Chiefs appointed by the president
1) GSA General Service Administration
2) NSF - Natl Science Foundation
3) NASA AP Gov't Review

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Policy implementation
Congressional laws Presidential orders, Judicial
decisions and make them into policy .
a) Assign (new or old) agency the task.
b) Set up operational rules and develop
guidelines
c) Coordinate resources and personnel.
d) BUT . . . . . best laid plans go astray
1) Program design is faulty. . .What is said in
Washington may not fly in Las Vegas.
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2) lack of clarity in the idea - i.e. Title IX


equality for men and women sports. What
does equal mean? law states reasonable
provisions to provide equality. . .What is
reasonable?
OR - immigration keeps out the terrorists but
allows immigrants into an open door country?
3) lack of resources - - AIDS prevention, INS
problems, DOE auditting, FAA and IRS are
undermanned. FDA and drug testing.
4) SOPs + red tape - frustrate constituentsAP Gov't Review

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5) Administrator discretion Politics is a factor.


So is constituent pressure!
6) Diffusion of responsibility - the
Drug War is Justice, customs
(Treasury) , military (Defense)
State and more. . .and then Congress
is involved. It often gets fragmented.
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Too much regulation


Costs the private sector which means it
costs the consumer.
2.
Is America losing its competitive edge vs.
foreign countries?
3.
Does red tape strangle the system?
Command and control policy
vs.
Incentive system = punish the offenders only
Emphasize free market strategies.
1.

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Controlling the Bureaucratic


morass
a. Presidential orders
1) Appointments
2) issue executive orders
3) Budget squeezes
4) Re-organize (deregulation move)
b. Congress
1) influence appointments
2) budget influence
3) hold hearings
4) rewrite legislation
5) Let the prvt sector do it- deregulate!
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Practice Essay

1. The concept of divided government in


the United States means that one political
party can control the executive branch while
another controls the legislative branch.
This poses problems for the President in
making appointments to federal offices. (02)
a. Describe two problems that divided
government poses for the President in
making federal appointments.
b. Identify and explain two ways Presidents
try to overcome the problems described in
(a).
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Essay # 1 Rubrics

Problems (2) Greater policy conflict;


narrows candidate field; Offices unfilled;
Tougher committee scrutiny;
Confirmation harder; Character
assassinations on cands.
Overcome (4) = Gen public support;
Compromise; build congr coalitions;
dealmaking (veto threat) Find SIG
coalitions; Make interim recess apptmts;
Better bckgrnd screening; pick minority
candidates; Turn to WHS for guidance
instead of hostile apptmts.
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Practice Essay #2
Presidents are generally thought to have advantages
over Congress in conducting foreign policy because
of the formal and informal powers of the
presidency. (04)
a. Identify two formal constitutional powers of the
President in making foreign policy.
b. Identify two formal constitutional powers of
Congress in making foreign policy.
c. Identify two informal powers of the President that
contribute to the Presidents advantage over
Congress in conducting foreign policy.
d. Explain how each of the informal powers identified in
(c) contributes to the Presidents advantage over
Congress in conducting foreign policy.

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Rubrics #2
A.(2) IDs= Co in chief; appt for policy
officials; Recog nations; Receive Ambass
B. (2) IDs = confirm abass, pwr or
purse;declare war; pass resolutions/aws;
reg for commerce; ratify treaties.
c. (2) Ids informal = Exec Agreemts; Media
Access-Bully plpt; Agenda setting; Cris mgr;
Coalitions; President more fp access; Global
ldr status;
d. Prez + > Persuade Congr; Persuade public;
can circumvent the
formal process via EOs135
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43.The president and Congress may get more attention
in the news, but it is the bureaucracy that has the more
immediate impact on the daily lives of Americans.
Thomas Patterson
a. Assess the validity of this statement by explaining three
principles that leads to a bureaucracy s system of
organization and control.
b. Describe the functions of three of the four bureaucratic
agencies listed below.
Cabinet Departments
Independent Agency
Regulatory Agency
Government Corporation

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Rubrics #3
a. Assessment interpretation may vary. The three
principles are hierarchical authority, job
specialization, and formalized rules. (4 points)
b. Functions are: Cabinet Departments provide are
the major administrative organizations that are
responsible for a general policy area. Independent
Agency are similar to cabinet departments except
they have a narrower area of responsibility. Agency
chiefs are appointed by the president but do not
have cabinet rank. Regulatory agencies monitor
and regulate economic activities. Government
Corporations charge for a service like the Post
Office or Amtrak. (3 points)
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Essay Q 4
3. Presidential powers have evolved over time as presidents have
exercised their authority in leading the nation.
a. Describe the difference between the Whig (Anti-federalist) theory of
the presidency and the stewardship (Federalist) theory of the
presidency.
b. Explain how two of the presidential powers listed below would be
asserted under the Whig theory of the presidency. Provide examples to
support your analysis.
Chief Executive
Chief Diplomat
Legislative Leader
c. Using the same powers identified in (b), explain how the presidential
powers would be asserted under the stewardship theory of the
presidency. Provide examples to support your analysis.
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Q 4 Rubrics

a. The Whig theory holds that the presidency is a limited or constrained office where the

president is limited to his specific constitutional powers. The stewardship theory maintains
that the president should be a strong, assertive, and forceful leader, using implicit
interpretations of his powers to lead the country. (2 points)
b. Congress initiates policy and it is the responsibility of the president to administer this
policy. (4 pts)
c. In the stewardship theory the president can do anything that is not specifically forbidden by
the Constitution. For example, he cannot declare war but he can send troops into hostile
environments without Congressional approval without violating the War Powers Act.
Executive powers are definitely vested in the president and a strong-willed president can
attempt to lead the country without Congressional support or approval. Executive orders,
agreements, interim appointments. . .are a few examples for each of the two selected. (4
points)

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V. Judicial / Civil Lib + Civil Rights


A. Define Rule of Law
Ans: society establishes regulations,
principles + norms coordinated by
unbiased individuals.
B. Federal law + courts are outlined?
1. Art III - . . . judicial pwr shall extend
to all cases, in Law + Equity. . and
vested in one Supreme Ct + in such
inferior crts.

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Essay #3
There are several constraints that
make it difficult for a president to
develop a program.
a. For two of the constraints below,
Identify a specific example and
explain why it made it difficult for a
president to pursue his program.

Crisis

The federal budget

Adverse popular reaction


6 pts; 3 pts per constraint.
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2. Constitutional courts 1) Judiciary Act of 1789 gets Fed


district cts.
a) These cts have . . . ? jurisdiction
original jurisdiction
b) only cts to hold trials w/ juries
(only 3% end in ruling, the rest are
plea bargained)
c) Who selects these judges + how?
Ans: prez thru confirmation process

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2) Ct of Interntl trade
3) Court of Appeals
a) Jurisdiction?
appellate jurisdiction
b) How many districts
12 districts
c) Function:
correct mistakes made in district
cts.
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4) Supreme Ct - (T-61)
a) Jurisdiction?
original and appellate jurisdiction
b) # of justices
9
c) Types of cases?
Constitutional issues (14th
amendment)
5. Other courts:
Special cts + legislative cts (set up
to deal w/ powers of Congress)
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d. Jurisdiction
1) original
trial starts here. 90% end here
2) appellate
adverse decision from lower ct. or
highest state supreme ct sends
it up to US Supreme Ct.

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e. Judge portfolio
1) How are federal judges selected?
Presidential appointment w/ Senate 2/3
vote to confirm
1) Senatorial courtesy
home state senator can immediately
VETO a confirmation w/o discussion.
2) Term
Lifetime appointments for all fed
judges. Why is that so special?
Can enhance a presidents legacy
3) impeachment
Yes - (7 in US history) is available for
unacceptable behavior.
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4) Judge must meet the litmus test? - ideological purity is critical


What make appointments more
difficult? Divided Govt makes it more
difficult to select and confirm judges.
5) Confirmation could go badly if:
a) you have the minority party in Senate
b) Pres is in the late term selections
c) Judge has ethics violations, can nix
nomination. i.e. Clarence Thomas
survived, Robert Bork did not.
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f. Qualifications
1) Most are Lawyers
2) Male (2 female selections)
3) White (2 blacks selected, i.e.
Thurgood Marshal + Brown v.
4) SES - upper middle or upper class
5) Protestant
6) Party favorites - only 13 of 108 SC
judges non partisan selections.
90% partisan selections.
7) IDEOLOGY is the KEY factor
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g. Case work
What gives the Courts their power over Leg +
Executive decisions?
Judicial review gives fed cts power to hear federal
questions and overrule Leg + Exec branches -overturned 100 rulings
The court case?
Marbury v. Madison 1801 provided right of Judicial
Review. . .
2) Rule of 4 culls
through 7500 case + selects about 100. (T-62)
3) Solicitor Genrl
assists in Appellate ct case load possibilities. . .
a)
writ of mandamus
Ct demands ACTION
b) writ of certioraeCertificate FROM SC requesting a case be sent up.
c) Writ of Habeas Corpus
Jailers must explain why holding a suspect.
1)

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Deliberations + opinions
Chief justice delegates authority to writing WHY we
(the SC) voted. Only 1/3 of decisions have been
unanimous.
a)
concurring
We agree and here is why
OR-could stress a different constitutional or legal
foundation for the opinion
b) dissenting
we disagree
c) stare decisis
decision stands d) How many judges does one need to vote?
SIX judges to vote
How many to decide a case?
MAJORITY. Tie votes retains lower Ct decision.
Need five votes to set a . . .

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e) Precedent
lower cts follows decisions of higher cts.
Can SC overrule its own decisions ?
Yes -- (200 times) because times change. i.e.
Brown v. Board of Educ (54) (Integrate)
overruled
Plessy v. Ferguson (1898)
(Separate but equal)
Congress can re-initiate legislation the following term.
(e) Interpretations can follow strict constructionist beliefs
???
(original intent of the constitution) v.
Activist decisions
Liberal interpretation that widens Constitutions original
intent> i.e.
Gibbons v. Ogden
Political climate can indicate the ideological tendencies of
the bench.
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Court History
1) First Trimester - Developmental issues
i.e. Marbury v. Madison
Offices
Mccullough v. Maryland
Natl bank + Necessary + proper clause
(implied powers)
Barrons v. Baltimore
Equal opportunity is a national issue
2) 2nd Trimester - Economic issues
Munn v. Illinois
(1877) set up ICC
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3) Last trimester - social issues


a)
Most liberal court?
Warren Ct set liberal precedents in
education, civil liberties, reapportionment, 1960s
b) Burger Ct (a Minnesotan selected by
Nixon was more conservative although
it set precedent w/ Wade v. Roe.
c) Rehnquist Ct - limited rights
established by Warren Ct, not
reversed; affirmative action policies
severely scrutinized.
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B. Civil Liberties
1. define Indiv legal and constitutional protections v. Govt.
CLs are found in where ?
The Bill of Rights (1-10) and the SC is the final
arbitrator.
Winds of change shift these interpretations,
especially in time of war . . . (cartoon)
2. Bill of rights review
a.
Freedom of Expression (religious, press, speech,
assembly is found where?
1st Amendment
b. Privacy
(3+4)
c. Defendants rights
(5-8)
d. Other rights
(2,5,9-10)
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3. Only a federal issue Barron v. Baltimore,


states or local govt could infringe on civil
liberties until SC ruled in 1925 that states
must follow SOME 1st Amendment rights
Gitlow v. New York.
BUT
4. SC used the 14th Amendment as the
precedent, not the 1st. States could NOT
abridge 1st Am freedoms.
This is called:
Incorporation doctrine - States have slowly
come under the Bill of Rights.
5. Door is now open for Bill of Rights
enforcement:
Have all the amendments been incorporated?
No, 1,3,4,5,6,8 have been, 2,7,9,+`10 have not.
What is that called>
Selective incorporation
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2. Ist Amendment
Tinker v DesMoinesDress codes
2. Gitlow v. N.Y.
Incorporation Doctrine
1.

3. Lemon v. KurtzmanAid to churches follows set guidelines


4. Engel v. VitalePrayer in schools is unconstitutional
5. School District of Abington Township v.
Pennsylvania v. SchemppPrayer violates establishment clause

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6. Near v. Minnesota (1931)


-no prior restraint censorship
7. Schneck v. U.S. (1919)
Govt could restrict inflam rhetoric
8. Brandenburg v. Ohiocan incite w /o lawless action
9. Zurcher v. Stanford Daily
NPs files can be searched

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10. Roth v. U.S.


Obsentity cannot be protected by the
1st
11. Miller v. California
Community standards sets Obscen but
what is lewd
12. N.Y. Times v. Sullivan
Malice
13. Texas v. Johnson
Flag burning is symbolic speech

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14. NAACP v. AlabamaNo files for harassment purposes


15. U.S. v. Playboy Entertainment
Group -Target block v. ban
16. Red Lion v. FCC Govt can restrict broadcasts.
17. Reno v. ACLU
1st Amendment applies to internet
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3. Restrictions on 1 Amendments?
st

1) unprotected speech include:


obscenity, defamatory speech,
pornography, fighting words,
seditious speech. The PRess now
includes cable, faxes + e-mails
2) Freedom of assembly restrictions:
lawful + nonviolent; order
maintained by time, place, manner;
precise, fairly administered and
content neutral.
NO prvt property trespassing!
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4. Accused rights
4th, 5th, 6th, 7th, 8th Amendments:
1). Original intent to protect rights from political
arrests. Now it has expanded to protecting
rights of the accused. >>>
2). Due Process (T- )
a) To arrest or search for evidence MUST have:
(1) Probable (Reasonable) Cause to arrest +
gather evidence-4th Amendment restricts
unreasonable searches + Seizures +
Writ of Habeus Corpus
issued forbidding imprisonment w/o evidence (Art
1)

Exclusionary ruleCan illegally seized evidence be used against


the accused?
(2)

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d) Questioning - no forced incriminations


(5th) + no excessive bail
(8th)
3) Prosecution ( or plea bargain) > Trial
Speedy trial w/ a jury
(6th, Art III) +
no double jeopardy
(5th);
confront witnesses
(6th)
4) Verdict > Sentencing (if needed)
No cruel or unusual punishments
(8th)
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17. Mapp v. OhioExclusionary rule holds for states too.


18. Miranda v. Arizona
Police questioning of suspects
19. Jacobson v. U.S. IS IT OR IS IT NOT ENTRAPMENT
20. Gideon v. WainrightFelony charged defendants need
counsel

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21. Betts v. Brady


Only Cap Punish defendants get counsel
22. Fuhrman v. GeorgiaSentencing too random, but CP is OK
23. Harmelin v. Michigan
-severity isnt necessarly cruel
24. Gregg v. GeorgiaCap Punish is severe, but not cruel
25. McGlesky v. KempCap Pun does not violate 14th Amend
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26. Griswold v.ConnecticutPrivacy issue over Birth control 9th


27. Roe v. WadeTrimester ruling unleashed
abortion issue
28. Webster v. Reproductive Health
Servicesstates can control who performs
abortions, i.,e. state employees

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29. Rust v. Sullivan


No fed funds for planning abortions
30. Planned Parenthood v. Caseyabortions can be regulated
31. Sternberg v. Carhart
partial birth abortion is legal
32. Cruzan v. Director, Missouri
Dept of Healthpatients can refuse med treatmentinformed suicide
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C. Civil Rights 1 Govt does not discriminate


against us
2 Govt protects us from interference
by private individuals.
3. Framers referred to these rights
as NATURAL RIGHTS, rights of all
people to dignity and worth.
Today they are called HUMAN
RIGHTS.

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4. The opposite of affirmative action is . . .


Discrimination - denying access.
5. Equal Justice - not equal results or equal
rewards. . .the Constitution does NOT
intend to provide equal condition. . . just
equal opportunity - Life should get
better.
a) 1st mention of equality is
14th Amendment - All will have equal
protection unless there is a compelling
public interest to discriminate.
b) Burden of proof is on the state.
THEREFORE . . . to right a past wrong, I
may have to discriminate to RIGHT past
ills for a period of time!
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Black Issues
a. although the 13th Amendment prohibits . . .
slavery 1865 Overturned
Dred Scott v. Sanford
b. 14th Amendment
Equal protection - 1868
c. 15th Amendment
Right to vote (1870)
e. Segregation and White Supremacy prevailed.
Jim Crow Laws that preached a separate
society.
What court case established this behavior?
Plessy v. ferguson.
Separate but equal
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1) voting
2) Housing
3) Job procurement
4) accessibility to public
accommodations
f. What was formed in 1910?
NAACP.
(1) President Truman and
Eisenhower integrated the
military and Fed Bureaucracy
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2) As Congress dragged its feet w/ a Southern


Senatorial block, the executive and judicial
branches responded.
a)
Brown v. Board of Education (1954)
Ended segregation
Segregation by law
de jure segregation was unconstitutional. But
de facto segregationsegregation by choice or reality- still prevailed
until Swann v. Charlotte Mecklenburg Board of
Education 1971?.
the SC ruled that schools will re-district to end
segregation via busing, a very unpopular
device to integrate.
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a)

Da Vote - Voting Rights Act of 1965


1) ended the means to effect sufferage.

b) 24th Amendment ended what? (3)


Poll taxes, White primaries,
gerrymandered districts, all were
thrown out.
c) This has also established minority v.
majority districts that promoted
minority electorates . . . What ct case
ended that?
but Shaw v. Reno and other cases has
condemned the design of districts using
race as the predominant factor.
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Womens issues
1.

2.

Women in the work force has


provided economic equality (by
some measurements). Political
equality came with which
Amendment ?
19th (1920) but ERA fell short in
1987.

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Gender discrimination status


Rational base test - Is it reasonable to have
boys compete VS girls in hockey; The court
case?
Reed v. Reed 1971 1st discrimination ruling
based on gender.
2) Heightened/medium scrutiny- Important
govt objectives exist for gender based law.
Orr v. Orr. Alimony only to women. . .NOTTT
3) Strict Scrutiny standard.
A Man gets the raise because he is the major
wage earner, not the female. . .NOTTTTT.
Fundamental rights are at issue here. . .
4. What banned sex discrimination in hiring,
firing and compensation?
Civil Rights Act of 64 + 72
1)

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Affirmative Action

a. Results have provoked reverse


discrimination charges
Regents of U of Calif v. Bakke
overruled Adarand v Pena. ???

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CR Essay

2. The Supreme Court ruled in Barron v.


Baltimore (1833) that the Bill of Rights did
not apply to the states. Explain how the
Court has interpreted the Fourteenth
Amendment to apply to the Bill of Rights to
the states. In your answer, briefly discuss
the Courts decision in one of the following
cases to support your explanation.
Gitlow v. New York (1925)
Wolf v. Colorado (1949)
Gideon v. Wainwright (1963)
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2. Many scholars and observers have argued that the


ratification of the Fourteenth Amendment to the Constitution
has become the single most important act in all of United
States politics.
a. Identify which provision of the Fourteenth Amendment
was applied in one of the following Supreme Court cases.
For the case you select, explain the significance of the
decision in United States politics.
Brown v. Board of Education of Topeka, Kansas (1954)
Baker v. Carr (1962)
Regents of the University of California v. Bakke (1978)
b. Identify which provision of the Fourteenth Amendment
was applied in one of the following Supreme Court cases.
For the case you select, explain the significance of the
decision in United States politics.
Mapp v. Ohio (1961)
Gideon v. Wainwright (1963)
Miranda v. Arizona (1966)
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CR essay #3

Since the 1950s, Congress has passed landmark


legislation that has advanced the civil rights of its
citizens. Select two pieces of legislation below and
with your knowledge of American politics, answer
the following.
a. Identify a specific ethnic or minority group and
explain how it was impacted by this legislation
The Twenty-fourth Amendment
Civil Rights Act of 1964
Title IX Higher Education Act (1972)
American with Disabilities Act of 1990
b. Identify an ethnic or minority group that was
inversely affected by two of the pieces of legislation
selected in (a) and explain how it impacted them
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o5 essay exam Qs
1. Explain how each of the political
factors listed below make it difficult for
the federal government to enact public
policy. (01)
Provide one example for each
explanation.
Divided government
Weak party discipline
Growth in the number of interest groups
and political action committees (PAC s)
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2. Elections in the United States are


characterized by low voter turnout.
a. Discuss two demographic
characteristics associated with
nonvoting.
b. Discuss three institutional obstacles
associated with nonvoting. (98)

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1. Citizens often choose to participate in


the political process other than voting to
increase ones political efficacy.
a. Define political efficacy.
b. Identify two forms of participation in the
political process other than voting.
c. Explain two advantages of each form of
participation you identified in (a) that
would increase ones political efficacy.

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2. Presidents are generally thought to have


advantages over Congress in conducting foreign
policy because of formal and informal powers of
the presidency. (04)
a. Identify two formal constitutional powers of the
President in making foreign policy.
b. Identify two formal constitutional powers of
Congress in making foreign policy.
c. Identify two informal powers of the President that
contribute to the Presidents advantage over
Congress in conducting foreign policy.
d. Explain how each of the informal powers identified
in (c) contributes to the Presidents advantage
over Congress in conducting foreign policy.
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1. Congress has often been criticized


for how effective it is in exercising
legislative oversight of the federal
bureaucracy? (99)
a. Explain two specific methods
Congress uses to exercise effective
oversight of the federal bureaucracy.
b. Give two specific explanations for
the failure of Congress to exercise
oversight of the federal bureaucracy.
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2. In the last half of the twentieth century,


voter turnout in federal elections has
declined. During the same period, voter
turnout has been higher in presidential
elections than in midterm elections. (o2)
(a) Identify two factors that have contributed
to the overall decline in turnout in federal
elections and explain how each factor has
contributed to the overall decline.
b) Identify and explain two reasons why voter
turnout has been higher in presidential
elections than in midterm elections.
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Different interest groups will choose different techniques to


achieve their objectives based on their resources,
characteristics and goals. (04)

a. Describe each of the following techniques and


explain why an interest group would choose each
technique.
* Litigation
* Campaign contributions
* Grassroots lobbying/mass mobilization
b. Select one of the following groups and identify the
primary technique it uses from the list in pat (a).
Explain why the group you selected would employ
that technique over the other two techniques.

American Medical Association (AMA)


Sierra Club
National Rifle Association (NRA)
National Association for the Advancement of Colored
People (NAACP)
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Trust and confidence in government has declined in


recent decades. (04)

a. Explain how divided government has


contributed to the decline in trust and
confidence in government. Be sure to
include a definition of divided government in
your response.
b. Explain how the increased cost of election
campaigns has contributed to the decline in
trust and confidence in government.
c. Explain two specific consequences of the
decline in trust and confidence in
government for individual political behavior.
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Good Luck!!!

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