AP Gov Exam PowerPoint Review 2016 - AP Government Politics US Broward County Student Review Saturday 1 Happy Birthday James Madison(died 2 Happy

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Unformatted text preview: AP Government & Politics – US Broward County Student Review Saturday, March 16, 2013 1 Happy Birthday James Madison! March 16, 1751 (died June 28, 1836) 2 Happy Birthday James Madison! “Father of the Constitution” Co-Author of the Federalist Papers Proposed the Bill of Rights (1789) Fourth President of the United States 3 Acronyms SCOTUS POTUS CBO GAO OMB EPA FED ADA PAC 4 Answers SCOTUS – Supreme Court of the United States POTUS – President of the United States CBO – Congressional Budget Office GAO – General Accounting Office OMB – Office of Management & Budget EPA – Environmental Protection Agency FED – Federal Reserve Board of Governors ADA – American with Disabilities Act (1990) PAC – Political Action Committee 5 2/3 Override presidential veto in both houses of Congress Senate approval of a treaty Impeachment trial in the Senate Proposal for a Constitutional Amendment in both houses of Congress Proposal for a Constitutional Amendment in national convention 6 Where did we begin? English heritage Magna Carta (1215) Habeas Corpus (1679) English Bill of Rights (1689) Enlightenment – Locke, Hobbes, Montesquieu, Rousseau Social contract theory dismissed divine rule of kings 5 basic principles (ideas) in the Declaration of Independence all men created equal endowed with unalienable rights purpose of gov’t = security of rights just powers of gov’t by consent right to alter or abolish when gov’t becomes destructive of these ends Articles of Confederation National government could not levy taxes from states No national army No control over trade (domestic of foreign) No federal supremacy No Supreme Court No Executive Amendments required unanimous vote Pass national laws – 9/13 vote *1781-1787 (*technically since Second Continental Congress, 1776 -) Did establish a Post Office; Land Ordinance of 1785, Northwest Ordinance (1787) 9 Constitutional Convention Summer 1787 Virginia Plan (Edmund Randolph and James Madison) Strong central government with bicameral legislature 3 branches Representation of one house based on population Judiciary with veto power of legislative acts New Jersey Plan (William Patterson) Plural executive National government supreme Unicameral legislature – one vote per state National government could tax and regulate trade 10 US Constitution Preamble … “ We the People of the United States, in Order to form a more perfect Union… ” 7 articles Article I – Legislative, II – Executive, III – Judicial, IV – Federalism (Full faith credit, extradition, creation new states) V – Amendment Process, VI – Supremacy Clause, VII – Ratification of the Constitution 27 Amendments (Bill of Rights 1-10, ratified 1791) 1787 – Constitutional Convention “ Supreme Law of the Land” (Article VI) Living document – read and interpreted by courts around the world. 11 ELEMENTS OF THE CONSTITUTION Separation of Powers - this established the individual powers of the three branches (Legislative, Executive, and Judicial). Checks and Balances - this prevents any of the three BRANCHES from gaining too much power (examples?). Federalism - established the power of the LEVELS of gov’t (Federal vs. State) REPUBLICANISM – we elect representatives to run the government for us. Principles of the Constitution Checks and Balances Separation of Powers Federalism Republicanism Judicial review (inherent power – Marbury v. Madison) Other liberties included within the articles Writ of habeas corpus - statement issued by a judge of a charge to “ hold the body” No bill of attainder - laws that make an individual guilty of a crime without a trial, were barred No ex post facto laws - which declared an action a crime after it had been performed, were not permitted13 Figure 2.2: What are the separation of powers and checks and balances under the U.S. Constitution? To Learning Objectives Question: How was the Constitution ratified? 15 Question: How was the Constitution ratified? Answer: Approved by 3/4, or 9 states, via vote in special conventions (approved by the people!) 16 Question: What are the two formal procedures for amending the Constitution? Proposal? Ratification? 17 Amendment process in Article V Amendments may be proposed by: 2/3 of both houses of Congress, or A convention called for by 2/3 of both houses of Congress upon application by 2/3 of the state legislatures Amendments may be ratified by: ¾ of state legislatures or ¾ of conventions in the states Congress selects the mode of ratification. Question: What are “political institutions”? 19 Question: What are “political institutions”? Answer: Formal (Constitution): Executive Bureaucracy Legislative Judicial Informal: Interest Groups, NGO’s, think tanks, political parties 20 Marbury v. Madison (1803) Judicial review 1st time S.C. declared a Congressional act -- Judiciary Act of 1789 -unconstitutional Chief Justice John Marshall wrote decision Legitimized the independence and Constitutional role of the Supreme Court Marbury v. Madison (1803) See p.330 in O’Connor textbook; This is a 21 very important case! Federalist Papers PUBLIUS (Latin for “the people”) Alexander Hamilton, James Madison, John Jay Federalist Papers (85 articles total) to support the Constitution and to respond to Antifederalists’ dissent for the ratification Promoted a strong central government Hamilton (51), Madison (26), John Jay (5), and Hamilton and Madison co-authored 3 Two of the most famous Federalist Papers… Federalist Nos. 10 and 51 (Madison) Federalist No. 10’s defense of the large republic: The problem of faction defined How to deal with faction? Remove causes - how? Destroy liberty Give same opinions, etc. Control the effects – how? prevent majority interest from forming, or If formed, make it difficult to unite Question: democracy or republic? Question: small or large republic? Benefits of large republic: Diversity of interests and opinions Less opportunity to “concert and oppress” Better reps Federalist No. 10 Publius (James Madison)Factions (passions) and REPUBLICAN form of government Factions allow us to consider all sides; inevitable differences; but dangerous if not monitored. Government is the mediator between factions, none should gain enough power to violate other’ s rights in free government “Faction is thus sown into the nature of man.” “ liberty is to faction what air is to fire… ” “ The regulation of these various and interfering interests forms the principal task of modern legislation… ” George Washington in his Farewell Address warned against factions and political parties Federalist No. 10 24 Federalist No. 51 Publius (James Madison) Separation of branches; Checks and balances “ The great difficultly lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” “ ambition must be made to counteract ambition” “ If men were angels, no government would be necessary.” Federalist No. 51 25 Federalist No. 78 Publius (Alexander Hamilton) Judicial power implied judicial review The independence of judges is an essential safeguard against effects of society (Judicial Branch) has “ neither FORCE NOR WILL, but merely judgment…” “ right of the courts to pronounce legislative acts void…” “ No legislative act, therefore, contrary to the constitution, can be valid.” 26 Federalist No. 78 Hamilton’s defense of Judiciary It is the least dangerous branch (No. 78) Judiciary should NOT be subordinate to legislature, because judicial review is necessary (No. 78 & 81) Defense of “judicial review”: Someone must decide in cases of “clashing laws” Judges may not substitute “will” for “judgment” No power to interpret Constitution “in equity” (according to “spirit”) Judiciary is NOT the supreme branch: the Constitution embodies the reason of the people and is therefore supreme over ALL (No. 78) Delegated &Enumerated Powers Delegated powers – granted to one of the three branches of the national government by the Constitution (usually refers to powers delegated to President) Enumerated – usually refers to Congressional powers Article I, Section 8 Expressed – powers derived from the Constitution 28 Implied Powers Authority granted by inference of the Constitution’ s delegated powers (I.8.18.) = Article I, section 8, clause 18 “ necessary and proper clause” McCulloch v. Maryland (1819) Congress has the enumerated power to “ declare war” whereas the President has Commander-in-Chief power to command armed forces. 29 McCulloch v. Maryland (1819) Federal supremacy (Article VI) - supremacy clause Unanimous decision Question over the power of Congress to establish a national bank; national gov’t supremacy; federalism Implied power - (I.8.18) Congress may “ make all laws necessary and proper for carrying into execution …and all other powers vested in…the gov’ t of the United States ” or the elastic clause Justice John Marshall expanded the role of the national government “ Power to tax is the power to destroy ” McCulloch v. Maryland (1819) 30 Inherent Powers Self-evident powers Protection of citizens under the government Powers which are automatic for a nationstate – foreign negotiations, make international agreements, acquire territory, protection of citizens, etc. The US is a sovereign power among nations Presidents question their inherent powers during times of crisis and emergencies 31 Dual Federalism Layer cake limited powers given to the national government (national defense and foreign policy) and the rest left to the sovereign states Each level dominant within its own sphere Tenth Amendment Conservative stance Supreme Court is umpire Supreme Court favored this interpretation for the first 100 years of American history Decentralist view (states rights) 32 Cooperative Federalism Marble cake (Morton Grodzins) Stresses federalism as a system of intergovernmental relations in delivering goods and serves to people Calls for all levels of government to work together Government is involved in a variety of issues and programs New Deal Programs - FDR Liberal stance 33 Centralist view Horizontal Federalism State to state relations Full Faith & Credit (IV,1) requires states to enforce court judgments of other states (divorce) and accept public records as valid (marriage licenses, identifications) Interstate Privileges and Immunities (IV, 2) must extend to citizens of other states - protection of laws, right to engage in peaceful occupations, access to courts and freedom of discriminatory taxes; states may not impose unreasonable residency requirements (such as medical care or voting requirements for new residents) Extradition (IV, 2) states must deliver criminals back to home state Interstate Compacts (I, 10) states must settle disputes peacefully; all state to state compacts must be 34 approved by Congress Grants Ways that federal gov’ t disperses $ to state and local governments “ Grants-in-aid” ; revenue sharing Categorical -- formula grants, $ for a specific purposes, subject to federal supervision (school lunches, building of highways and airports) Project Grants -- state, local, and nongovernmental agencies can apply for $ (universities, employment training programs); National Science Foundation Block -- broad grants to states for prescribed activities with few strings attached (child care, welfare, social services, education and health care) “ Devolution revolution” - the effort to slow the growth of the federal government by returning many functions to the states (welfare) – Welfare Reform Act 1996 35 Mandates Federal law for all levels of government New Deal Programs, Great Society Programs, Clean Air Act were mandates for the nation Unfunded Mandates Americans With Disabilities Act 1990 (ADA) Unfunded Mandates Reform Act of 1995 requires the Congressional Budget Office (CBO) and federal agencies to report the impact of unfunded mandates describing the impact on state and local governments 36 New Techniques of Federal Control (beyond Direct ordersmandates) - criminal sanction enforced (Equal Opportunity Employment Act of 1972) Cross-Cutting Requirements - federal grants may establish conditions (Civil Rights Act 1964) Crossover Sanctions - sanctions permit the use of federal $ in programs to influence state/local policies (1984 act reduced fed highway $ if states didn’ t increase 21 drinking age) Total and Partial Preemption Partial would be fed imposes basic law/policies and state must administer them Mandatory partial preemption - Clean Air Act 1990 fed national air quality standard and state must devise implementation without fed funds 37 I (1 ) Amendment st Civil Liberties “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.” Schenck v. United States (1919) speech, clear and present danger Gitlow v. New York (1925) incorporation of First Amendment’ s freedoms of speech and press provisions, citing the Fourteenth Amendment ’ s due 38 process clause to apply to state law I (1st) Amendment Establishment Clause: “ make no law respecting the establishment of …” Lemon v. Kurtzman (1971) “ lemon test or 3-prong test” Engel v. Vitale (1962) no state-sponsored prayer in public school Free exercise clause “ or prohibiting the free exercise of…” Reynolds v. United States ( 1878) – polygamy is illegal and is not protected under 1st Amendment Oregon v. Smith (1990) – unlawful drug use is illegal in religious ceremonies and is not protected under 1st Amendment Bill of Rights Institute Religious Libert 39 XIV (14th) Amendment 1868 Defined citizenship Clauses: privilege and and immunities, Due process, equal protection Incorporation Application of due process clause to the State law – “ nor shall any State deprive any person of life, liberty, or property, without the due process of the law” Gitlow v. New York (1925) 5 sections: also includes congressional representation/districting; Southern rebels denied federal office, rebel debts repudiated 40 Incorporation Doctrine The legal concept under which the Supreme Court (and federal courts) has “ nationalized” the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment. The following amendments have not been incorporated: III, VII, X (Grand Jury) *See my website for a AP College Board 41 PDF article of this topic Selective Incorporation Selective Incorporation – the Supreme Court (or federal courts) decide on a caseby-case basis, when to apply the Bill of Rights to state law from the due process or equal protection clauses in the Fourteenth Amendment. Palko v. Connecticut (1937) – first rejection by S.C. of “ total” incorporation; ruled that the Fifth Amendment double jeopardy provision does not apply to the states through the Fourteenth Amendment. (overturned by Benton v. Maryland, 1969 – incorporated double jeopardy) 42 IV (Fourth) Amendment Search and seizures Wolf v. Colorado (1949) (incorporation case, 4th and 14th Amendments) Mapp v. Ohio (1961) (incorporation case, 4th and 14th Amendment) Exclusionary rule 43 Due Process 5th and 14th Amendments Protection against deprivation of life, liberty, or property Rights of the accused Origin from the Magna Carta (1215) 44 V (Fifth) Amendment Due process Eminent domain (gov’ t will pay $ for private property) Self-incrimination Double jeopardy Capital crime – Grand Jury (except Military and emergencies) 45 VI (Sixth) Amendment Fair and speedy trial; right to counsel Miranda v. Arizona (1966) rights of the accused, Fifth amendment, right to counsel, self-incrimination Gideon v. Wainwright (1963) counsel must be provided in felony cases (incorporation case – due process in 6th and 14th Amendments) 46 Suffrage Amendments XV (15) – (1870) African American males XVII (17) – (1913) direct elections for US Senators XIX (19) – (1920) Women Suffrage XXIII (23) - (1961) District of Columbia residents vote for president XXIV (24) - (1964) prohibit poll taxes XXVI (26) – (1971) 18 year old vote 47 Article I Legislative Branch (Congress) House and Senate Very detailed powers - enumerated (I.8) impeachment Gives Congress the most power “ Necessary-and-proper” clause Habeas corpus, no bill of attainder, or ex post facto laws Interstate commerce clause Census 48 Enumerated Powers of Congress Levy taxes Borrow Regulate commerce Naturalization and bankruptcy Coin money Establish a Post Office Patents and copyrights Create Courts Declare war Create army and navy Govern the District of Columbia “ make all laws necessary and proper for carrying into execution…” 49 House of Representatives 435, 2 year term, 25 years old, 7year resident, citizen Apportionment by population for each state; Florida has *27 Congressional districts (after 2010 Census) Districts decided by state legislatures, census of pop every 10 years Smaller constituency, less staffers, less media, limited debate time All appropriation/revenue bills start in the HOUSE Ways and Means Committee Rules Committee (decides rules of debate) Quorum (218) Speaker of the House (3rd in the succession of presidency) Policy specialists Power to vote for impeachment (accusation) 50 Gerrymandering Drawing of boundary lines for Congressional districts to obtain partisan or factional advantage From Governor Gerry of MA in 1811, the shape of his district looked like a salamander Shaw v. Reno (1993) racial gerrymandering unconstitutional, equal protection clause XIV Amendment State Legislatures redraw districts after census (every ten years), sometimes add or lose Congressional districts based on their state’ s population increases or decreases 51 Senate 100 (2 per state) Larger constituency, more staffers, more seniority, more media, more prestige 6 year term, 30 years old, 9 years resident, citizen Riders allowed on bills Filibuster and cloture (3/5 of Senate) Confirmation presidential nominations: federal judges, ambassadors, US marshals, Supreme Court justices Ratify treaties (2/3) Hold impeachment trials (2/3) 52 Legislative veto Congress invalidates Executive Branch acts/policies Rejection of a presidential or administrative agency action by a vote of one of both houses of Congress without the consent of the president Immigration and Naturalization Servic e (INS) v. Chadha (1983) Supreme Court held that legislative veto is unconstitutional; question over the separation of powers See the term “congressional review” 53 Bipartisan Campaign Finance Ref orm Act (BCRA) “ McCain-Feingold bill” (2002) Changed some parts in FECA 1974 *$2,100 (individual) to candidate for each election *$10,000 (individual) to state party or PAC *$26,700 (individual) to national party committee Ban on soft $ - donations to party committees for buying equipment, remodeling headquarters, staffing regional offices, or get-out-the-vote drives; not for a specific candidate Definition of hard $ - financial contributions given directly to a candidate running for office Buckley v. Valeo (1976) individual candidate can spend unlimited amount on self campaign Citizens United v. Federal Elections Commission (2 010) 54 Citizens United v. FEC (2010) • • • • • • Citizens United v. Federal Elections Commission (FEC), 2010 Citizens United v. FEC (2010) p. 459 Citizens United sought an injunction against the Federal Election Commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act (BCRA) to its film Hillary: The Movie. The Movie expressed opinions about whether Senator Hillary Rodham Clinton would make a good president. In an attempt to regulate "big money" campaign contributions, the BCRA applies a variety of restrictions to "electioneering communications." Section 203 of the BCRA prevents corporations or labor unions from funding such communication from their general treasuries. Sections 201 and 311 require the disclosure of donors to such commun...
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