A. P. US Government & Politics Exam Review Weekly Agenda Monday – Development of U.S. Government & Federalism Tuesday – Political Culture, Political Parties & Voting and Elections Wednesday – Interest Groups, Media & The Legislative Branch Thursday – The Executive, The National Judiciary, Civil Liberties & Civil Rights Friday – Politics & Public Policymaking Monday: Architecture & Development of U.S. Government What is government? • “Who Gets what, when, & how.” –Laswell • It is institutions, people and processes used to • make policy Public policy is the exercise of government power in doing those things necessary to maintain legitimate authority and control over society. Purposes of Government (the Preamble) Forming a more perfect union: creation of a strong union of states, while also maintaining state sovereignty Establishing justice: reasonable, fair and impartial law Insuring domestic tranquility: preservation of public order Providing for the common defense: protection and maintenance of national defense Promoting the general welfare: providing public services and economic health of the nation Securing the blessings of liberty: promoting individual freedoms Forms of Government Anarchy: lack of government Autocracy: rule by one • Absolute monarchy, constitutional monarchy, dictatorship Oligarchy: rule by a few • Aristocracy (elite), theocracy (religious) Democracy: rule by the people • direct democracy, representative democracy Theories of Democratic Government Traditional democratic theory: government depends on the consent of the governed may be given directly or through representatives Pluralist theory: interest groups compete for their own self interest requiring compromise to avoid conflict (Robert Dahl) Elitist theory: a small group of elite form an upper class and rule in their own self interest (C. Wright Mills) Bureaucratic theory: hierarchical structure and standardized procedures control day-to-day workings of government (Max Weber) Influences on American Government Ancient Greeks & Romans: the concepts of direct and representative democracy influenced the founders Enlightenment philosophers: John Locke supported the Social Contract Theory – a voluntary agreement the government and the governed. His work was published in the Two Treatises on Civil Government (1689) and stated people are born with natural rights to life, liberty & property (natural law). Thomas Jefferson adopted these ideas in the Declaration of Independence. Magna Carta: (1215) 1st attempt to limit the power of the king forced on the British king by the nobility Parliament: began as an advisory group to the king and evolved into the law making body of Britain Influences continued… Petition of Right: (1628) Extended the protections of the Magna Carta to include commoners. And further limited the monarchs powers. English Bill of Rights: (1689) An agreement between parliament and the King to prevent further abuse of power, guaranteed free parliamentary elections, the right to a fair and speedy trial, freedom from excessive bail, and cruel and unusual punishment Declaration of Independence Is mainly the work of Thomas Jefferson. The principles are based on the works of enlightenment philosopher John Locke. The D.O.I can be broken down into 3 parts: • A theory of government based on social • • contract and natural rights A list of grievances against the king A statement of colonial unity Articles of Confederation (1781-1789) became the 1st government of the United States It was a ‘league of friendship” among the states The crisis that became known as Shay’s rebellion led to the calling of a constitutional convention to fix the articles Constitutional convention 1787 Every state but Rhode Island sent representatives Agreement in the following • An new constitution would be drafted • It would be a republic • Have a federal system • Be composed of 3 branches (executive, legislative, & judicial Compromises Virginia plan • • • • Single executive chosen by congress, one term, veto power, removed by congress Judges chosen by congress Representation from population and $ contributed Bicameral legislature • • Lower house chosen by the people Upper house chosen by the lower house & state legislatures New Jersey Plan • • • • Plural executive chosen by congress, no veto power, removal by states Judges appointed for life by executive Representation would be equal for each state regardless of size or wealth Unicameral legislature • • Reps chosen by state Each state gets one vote The outcome Weaknesses of the Articles of Confederation • • • • • • • • • Created a “league of friendship” Congress could not tax Congress could not regulate interstate trade or foreign commerce No separate executive to enforce the acts of congress No national judiciary to handle state disputes Both states & the national government had the power to coin $ Each state had one vote regardless of size or population 9 of 13 states required to pass legislation Unanimous consent required to amend the articles How the Constitution Remedied Weaknesses • • • • • • • • • Created a federal system dividing powers between national & state levels National government was given the power to tax Congress given the power to regulate trade between states & with foreign countries Article II created a separate executive department to enforce laws Article III created a national judiciary Only the national government could coin $ States are represented based on population in the House & equally in the Senate Bills need a simple majority from both houses 2/3 congress & 3/5 states are needed to amend the Constitution Ratification September 17, 1787 The Anti-Federalists believed the new constitution gave too much power to the national government • And lacked a bill of rights The Federalists supported a strong central government • • James Madison, Alexander Hamilton & John Jay wrote 85 essays named “the Federalist Papers” under the secret name “Publius”. Today these papers provide insight into the founders original intent Basic Principles in the Constitution Limited government – belief that government is not all powerful; government has only those powers given to it Popular sovereignty – the people are the source of government’s authority Separation of power – power is separated among the 3 branches of government; each has its own powers & duties and is independent of and equal to the other branches Checks& balances – each branch is subject to restraints by the other 2 branches Federalism – a division of governmental powers between the national government & the states The Constitution is divided into 3 parts: preamble, articles & amendments The articles • Article I – Legislative branch • Article II – Executive branch • Article III – Judicial branch • Article IV – Intergovernmental relationships • Article V – Amendment process • Article VI – Supremacy of the Constitution • Article VII – Ratification Process Ways to amend the constitution Proposed by 2/3 vote of each house of Congress and ratified by ¾ of state legislatures (used 26 times) Proposed by 2/3 vote of each house of Congress & ratified by special conventions in at least ¾ states (used once to ratify the 21st amendment) Proposed by national convention called by Congress at the request of 2/3 of state legislatures & ratified by ¾ of state legislatures (never used) Proposed by a national convention called by Congress at the request of 2/3 of the state legislatures and ratified by special conventions in at least ¾ of the states (never used) Informal Amendment Process Legislative actions: Congress has passed various acts that have altered or made clear the meaning of the constitution ex. Judiciary Act 1789 Executive actions: The manner in which presidents use their powers can create informal amendments & expand presidential authority ex. executive agreements Judicial review: the people who serve as judges & the times in which they serve affect how courts interpret laws ex Marbury v. Madison (1803) Custom & usage: Traditions which have been incorporated into the political system & lasted over time ex. senatorial courtesy The Amendments 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Guarantees freedom of religion, speech, press, assembly & petition Right to keep and bear arms Sets conditions for quartering troops in private homes Regulates search, seizure, & warrants Protects against self-incrimination, grants due process, eminent domain, & grand jury indictment for capital crimes Right to a speedy & public trial, impartial jury, attorney Right to jury trial in civil cases No excessive bail, protects against cruel & unusual punishment Enumerates the rights of the people Reserves powers of the states & people Restricts lawsuits against the states Provides for election of president and vice president by separate ballot in electoral college Abolishes slavery Rights of citizenship, due process & equal protection Right to vote regardless of race color or previous condition of servitude Authorized income taxes Establishes direct election of Senators by popular vote Prohibit intoxicating liquors Establishes women’s suffrage Sets terms & sessions of executive & legislative branches Repeals prohibition (18th) Limits presidential terms in office Allows for voting in District of Columbia in presidential elections Abolishes poll taxes Addresses presidential succession, disability & vice-presidential vacancies Gives 18 year olds the right to vote Addresses congressional pay Review Unit 2 Federalism Constitutional Basis of Federalism Delegated powers: expressed, or enumerated powers, those specifically given to the national government (Articles I-V) Implied powers: although not expressed, powers that may be reasonably inferred from the Constitution (Article I, Section 8, Clause 18 – the Necessary & Proper Clause or Elastic Clause) Inherent powers: powers that exist for the national government because the government is sovereign Concurrent powers: powers that belong to both the national and state governments Reserved powers: powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states Prohibited powers: powers denied to either the national government, the states or both State Powers (Reserved) National Powers (Expressed, Implied, Inherent) Regulate intrastate commerce Regulate Foreign interstate Establish local governments Coin & print $ Establish local school systems Provide an army & navy Administer elections Declare war Protect the publics health Establish Federal Courts below the Supreme Court Conduct foreign relations Make all laws “Necessary & Proper” Acquire & govern US territories & admit new states Regulate immigration & naturalization Regulate corporations Grant licenses National & State Powers (Concurrent) Levy taxes Borrow $ Spend for general welfare Establish courts Enact & enforce laws Charter banks Interstate Relations: Article IV Full faith & credit clause: states are required to recognize the laws & legal documents of other states, such as birth certificates, marriage & drivers’ licenses ,wills. Privileges & immunities Clause: states can’t unreasonably discriminate against residents from other states. Nonresidents can travel & own property in any state. Extradition: states may return fugitives to a state where a crime was committed at the request of the governor of the state Interstate compacts: states can make agreements to solve regional problems like “hot-pursuit agreements”, parole & probation. Establishing National Supremacy Article VI contains the Supremacy Clause, which helps resolve conflicts between national and state law. McCulloch v. Maryland (1819) was the 1st landmark case where the Supreme Court claimed the national government had supremacy over state governments. Gibbons v. Ogden (1824) the Supreme Court expanded the powers of Congress over interstate commerse. Federalism today Dual Federalism (1789-1932): “layer cake” each level of government has supremacy within its own spere of influence Cooperative Federalism (New Deal Era): “marble cake” levels of government cooperate with each other New Federalism (Nixon, Reagan, Bush): tried to reverse cooperative federalism by allowing states more responsibility over $. Devolution is a transfer of power to political subunits Fiscal Federalism : the national government’s patterns of taxing & spending • Grants-in-aid, Categorical grants, block grants, revenue sharing, mandates Review Unit 3 Political Culture, Political Parties & Voting and Elections American Democratic Values Majority rule/minority rights: Although democracy is based upon majority rule, minority rights must be guaranteed. Equality: equality of every individual before the law & in the political process Private property: Ownership of property is protected by law & supported by the capitalist system Compromise: allows for the combining of different interests & opinions to form public policy to best benefit society Limited government: powers of government are restricted in a democracy by the will of the people & the law Political Socialization - the process by which people acquire a sense of political identity Family and home influences often help shape political party identification. It is stronger when both parents identify with the same political party Schools teach patriotism, basic governmental functions & encourage political participation Group affiliations (interest groups, labor unions) provide common bonds Demographic factors (occupation, race, age, gender, region of country, income, education) Media informs public about government and tries to influence political & public agendas Opinion leaders those people who are respected due to position, expertise, or personality Events may instill positive or negative attitudes. Public Opinion – a collection of shared attitudes of many different people in matters relating to politics, issues or policy Sampling: those chosen to participate in the poll must be representative of the general population & chosen at random Preparing valid questions: directions should be clear & questions clear, fair & unbiased Controlling how the poll is taken: make sure respondent has some knowledge of issued addressed. Pollsters appearance and tone should not influence. Methods could include, phone, mail, & interview Analyzing & reporting results: reports should include how the poll was conducted and sampling error Ideology – a set of beliefs about politics they can change over time Radical: favor rapid, fundamental change in existing social, economic or political order Liberal: supports active government in promoting individual welfare & civil rights Moderate: political ideology falls between liberal & conservative& may include some of both Conservative: promotes limited government, traditional values, strong national security, & approaches change cautiously Reactionary: wants return to previous state of affairs, often a social order or government that existed earlier in history Political Parties – voluntary associations of likeminded people who seek to control government through getting candidates elected Rolls of political parties • Party in the electorate: all of the people who • • associate with one of the political parties Party in government: all of the appointed & elected officials at the national, state, and local levels Party in organization: all those at various levels of party organization who work to maintain the strength of the party between elections, raise $ & organize conventions Political Parties at work Party systems • • • One-party system: only one party exists or has a chance of winning an election (dictatorship) Two-party system: there may be several political parties but only two dominate elections. The system enhances stability because both parties want to appeal to the largest # of voters Multi-Party system: lots of political parties exist and stand a chance to win elections. Can cause fragmentation and confuses the clear majority vote What do political Parties do? • • • • Recruit candidates Nominate & support candidates for office Educate the electorate Organize the government Party Identification & Membership Membership is voluntary and there are no dues factors the influence identification are: • • • Ideology • Education • Income • Occupation Race or ethnicity • Gender • Religion • Family tradition Region of the country • Marital status Political Parties Continued… Why a Two-party tradition? Historical roots: to England Electoral system: single member districts Election laws: vary from state making it difficult for minor parties to get on the ballot Divided Government (1968-present) Happens when one party controls the presidency and the other party controls one or both houses of congress. Gridlock can occur when opposing parties block each other’s proposals. 3rd or minor parties Their ideas are absorbed by one orf the big two and they may serve as a spoiler in elections. Types include Ideological-communist, socialist Single issue-right to life, prohibition Splinter-split from major party Structure & Organization Both are highly decentralized, fragmented National Convention: the party’s national voice meet every 4 years National Committee: manages the party’s business between elections The future of political parties 3rd party challenges: in recent elections, 3rd party candidates have taken votes away from major candidates, lessening their ability to win a majority vote Loss of support by party loyalists: an increase in the # if independent voters Increase in split-ticket voting: many voters no longer vote strait ticket, only for one party Lack of perceived differences between the parties Party reforms: changes within the parties themselves to create more openness Methods of campaigning: new technology has allowed candidates to be less reliant on parties and be more directly involved with voters Political participation Voting in elections Discussing politics & attending political meetings Forming interest groups & PACs Contacting public officials Campaigning for a candidate or political party Running for office Protesting government decisions Expansion of Suffrage by elimination of… religious qualifications, property ownership, & tax payments (1800’s) Race disqualifications 15th amendment Gender disqualifications 19th amendment Literacy (Civil rights acts, VRA 1965) Exclusion of citizens in Washington DC (23rd amendment) Poll taxes (24th amendment) Excluding adults 18 years and older (26th amendment) Other important voting info… Issue or Policy Voting Candidate Voting The Progressive movement fostered new ways of direct participation for voters Direct Primary: allows citizens to nominate candidates Recall: a special election initiated by petition to allow voters to remove and official before the term ends Referendum: allows citizens to vote directly on an issue Initiative: allows voters permission to propose issues to be decided by qualified voters The most common form of political participation. In the USA we only elect 2 national office holders-the president & VP. All others represent state or local constituencies. Low Voter Turnout Types of Elections It is considered low when compared to other countries & when compared to past decades. Turnout is higher during a presidential election then in off-year elections. Reasons are: expansion of the electorate, failure of political parties to mobilize voters, no perceived difference between the candidates or parties, mistrust of government, apathy, satisfaction with the way things are, lack of political efficacy, and the mobility of the electorate. When Elections are Held 1st The Tuesday after the 1st Monday in November. Congressional elections are help every even-numbered year, & presidential elections every 4th year. Primary: voters choose who they want to run in the general election for one party. Primary types include Closed: only voters registered in the party can vote Open: voters can choose the candidates of either party whether they belong to that party or not blanket: voters can vote for candidates from both parties for multiple office Runoff: when no candidate from a party gets a majority, the top 2 have a runoff General Elections: voters choose the candidate they want for office Special Elections: when an issue must be voted on before a general elections can take place. Election items Electoral College When voters go to the polls on election day they are casting the popular vote. Each state has the same number of votes in the electoral college as congress people in their state, plus three for D.C. making the total electoral votes 538. The winner must get at least 270 to become president. If that doesn’t happen the House of Representatives selects the president from among the top three candidates. After the general election, the electors meet in their state capitol to cast their vote. The candidate receiving the majority of the popular vote will receive all of the electoral votes for that state. Partisanship in Elections Maintaining elections occur when the traditional majority power maintains power based on the party loyalty of votes Deviating elections occur when the minority party is able to win with the support of majority-party members, independents and new voters. Critical elections indicate sharp changes in existing patterns of party loyalty due to changing social & economic conditions (ex 1860, 1896, 1932) Realigning elections occur when the minority party wins by building a new coalition of voters Dealigning elections occur when party loyalty becomes less important to voters (increase in independents &split-ticket voting) Review Unit 4 Interest Groups, the Media & Congress Interest Groups Interest groups are concerned with influencing the policies of government, focusing on issues that effect their membership. Membership may be restricted or open to anyone. Not all interested people belong to interest groups & many people belong to more than one. In Federalist #10, James Madison warned against the dangers of “factions.” Political Action Committees: are the political arms of interest groups, they must register w/the government, raise $ from multiple contributors, donate to several candidates & follow strict accounting rules Functions of Interest Groups Raise awareness & stimulate interest in public affairs by educating the public & their members Represent membership, serving as a link between members & government Provide info to government, especially data & testimony useful in making public policy Provide channels for political participation that enables citizens to work together to achieve goals Types of Interest Groups Economic: Labor groups (ex. Teamsters), Business (ex. Chamber of Commerce), Professional (ex. American Medical Association), Agricultural (ex. National Farmers’ Union) Groups that promote Causes: specific causes (ex. National Rifle Association), welfare of specific groups (ex. Veterans of Foreign Wars VFW), religion (ex. National Council for churches) Strategies of Interest Groups Influencing elections: encouraging members to vote for candidates that support the causes of the interest group & giving $ to candidates through PAC’s Lobbying: an attempt to influence policy makers by supplying data that will convince them of the need for policy Litigation: Interest groups take an issue to the courts Going Public: appealing to the public for support The Media Development of the media All forms of communication that transmit information to the public. Newspapers: by the 1890s almost every major city since 1950s circulation has gone down Magazines: smaller less frequent circulations Radio: Wide use in 1920s Television: claims larges audience & promotes careers Internet: new important way to convey info Roles of Media Informing the public Shaping public opinion Providing a link between government & citizens Serving as a watchdog Setting the national agenda Bias in the Media exists against front runners & incumbents Media & the President ways journalists receive information are: news release – prepared text to be used exactly as written, news briefing – announcements & questions of the press secretary, news conference – questioning high-level officials, leaks – information released by officials guaranteed anonymity Reporters are expected to observe “rules”: on the record – official may be quoted by name, off the record – what official says cannot be printed, on background - what is said can be printed but may not be attributed to the official by name, on deep background – what is said can’t be attributed to anyone Some Media & Congress Fewer reporters report on Congress than the White House. News about Congress might cover conformation hearings, oversight investigations or scandals. Congress Article I of the US Constitution creates a bicameral, or two house, legislature. The current structure of the Congress was the result of the Connecticut, or Great Compromise, reached at the Constitutional Convention. The Founders felt that each house would check the power of the other. The House of Representatives was based on the population of the states & members were chosen by popular vote. The Senate would represent the states equally with each state sending two Senators selected by state legislatures. House of Senate Representatives Membership 435 (apportioned by population) 100 (two from each state) Term of Office 2 years; entire house elected every 2 years 6 years; 1/3 of senate elected every 2 years Qualifications 25 years old, citizen for 7 years, live in the district 30 years old, citizen for 9, must live in the state Constituencies Smaller, by districts Larger, entire state Prestige Less prestige More prestige The Peoples House Organization of Congress Two houses meet for terms of two years beginning on Janyary3 of every odd-numbered year; each term is divided into two 1-year sessions President may call special sessions in cases of national emergency Each house of Congress chooses its own leadership & determines its own rules Getting Elected to the Senate Members originally chosen by the state legislatures in each state Since 1913, the 17th amendment allows for the direct election for senators by the people of the state Getting Elected to the House of Representatives Each state is guaranteed at least one representative Apportionment –distribution among states based on population Reapportionment – the redistribution of Congressional seats after the census determines current population (every 10 years) Congressional districting – the drawing by state legislatures of districts w/more than on representative Gerrymandering – drawing congressional districts to favor one political party over another Incumbency Effect Is the tendency of those already holding office to win reelection Advantages may include…Name recognition: voters are more likely to identify the office holder than the challenger, Credit claiming, casework for constituents, more visible to constituents, media exposure, fundraising abilities, experience in campaigning & voting record Leadership of Congress- the majority political party in each house controls the leadership positions of Congress House of Representatives Speaker of the House: is the presiding officer & most powerful member of the house. Major duties include assigning bills to committee, controlling floor debate, & appointing party members to committees Majority & Minority Floor Leaders: Majority floor leader serves as the major assistant to the speaker, helps plan party’s legislative program & directs floor debate. Minority floor leader is the major spokes person for the minority party & organizes opposition to the majority party Whips: help floor leaders by directing party members in voting, informing members of impending voting, keeping track of vote counts &n pressuring members to vote with the party Senate The US Vice President, is not a senate member but, is the presiding officer of the Senate, the VP may not debate and only votes to break a tie President pro tempore is a senior member of the majority party chosen to preside in the absence of the Senate president. It is mostly a ceremonial position & lacks real power Majority floor leader is the most influential member of the Senate & often the spokesperson for the majority party. The minority floor leader performs the same role as the House minority leader Whips serve the same role as whips in the House of Representatives Powers of Congress Legislative Powers The power to make laws Expressed powers – are specifically granted to Congress, mostly found in Article I, Section 8 of the Constitution Implied powers – may be reasonably suggested to carry out expressed powers; found in Article I, Section 8, Clause 18; “necessary & proper” or elastic clause; allows for the expansion of Congress’ powers (expressed power to raise an army & navy implies the power to draft men into the military) Limitations on powers – powers denied Congress by Article I, Section 9 the 10th amendment Nonlegislative Powers Duties other than lawmaking Electoral powers – selection of the president by the House of Representatives &/or vice president by the Senate upon failure of the electoral college to gain a majority vote Amendment powers – Congress may propose amendments by a 2/3’s vote in each house or by calling a national convention to propose amendments if requested by 2/3’s of state legislatures Impeachment – House may bring charges, or impeach, the president, VP or any civil officer; case is tried in the Senate w/the Senate acting as jury Executive powers of the Senate – the Senate shares the appointment & treaty making powers w/the executive branch; Senate must approve appointments by a majority vote & treaties by 2/3’s vote Investigative/oversight powers – often involves review & programs of the executive branch How a Bill becomes a Law House of Representatives A bill is introduced, numbered, & assigned a committee. The bill may be assigned to a sub committee for further study The bill is returned to committee, where it is approved or rejected. The rules committee sets terms of debate for the bill. The bill is debated by the House. A vote is taken, where the bill is passed or defeated. Bills that pass the House are sent to the Senate Senate A bill is introduced, numbered, & assigned to a committee. The bill may be assigned to a sub committee for further study The bill is returned to committee, where it is approved or rejected. No rules committee! The bill is debeted by the Senate. A vote is taken, where the bill is passed or defeated. Bills that pass the Senate are sent to the House. Then… Conference committee resolves differences between House & Senate versions of a bill. Compromise versions may not contain any new material. Then… The bill is returned to both houses for a vote on the compromise version. Presidential action: President may sign the bill, allow the bill to become law without signing, or pocket veto the bill. Vetoed bills are returned to Congress, where they may be overridden by a 2/3 vote in each house. Legislative Tactics Caucuses – may for voting blocks Committee system – plays a major role in the passage of legislation; bills may die if committees fail to act upon them Filibuster & cloture – in the Senate only, unlimited debate in an attempt to stall action on a bill; cloture is the method of limiting a filibuster through petition & vote Pork barrel legislation – an attempt to provide finds & projects for a member’s home district or state Logrolling – an attempt by members to gain the support of other members in return for their support on the member’s legislation; “I’ll support your bill, if you will support mine.” Review Unit 5 The Executive, The National Judiciary, Civil Liberties & Civil Rights The Executive Qualifications Article II of the Constitution establishes the formal qualifications of the president: a natural-born citizen, at least 35 years old, resident of the U.S. for at least 14 years. Informally many presidents have had several of the following characteristics: political or military experience, political acceptability, married, white male, protestant, & northern European ancestry. Term & Tenure The concept of a popularly elected president is an American invention. The founders created a single executive, elected indirectly through an electoral college for a 4-year term. Until the addition of the 22nd amendment in 1951, the number of terms was unlimited. After FDR won 4 terms, the amendment limited the president to 2 elected terms Succession & Disability The Constitution says if the president can no longer serve, the VP will carry out the duties & powers of the office. The Constitution doesn’t state that the VP shall actually become president; that tradition began w/the death of W.H. Harrison After the death of JFK the 25th amendment was added, stating that the VP becomes president if the office is vacant The 25th amendment provides for presidential disability. If the president becomes unable to perform the duties of the office, the VP may become “acting president” under one of the following conditions • • The president informs congress of the inability to perform the duties of president The VP & a majority of the cabinet inform congress, in writing, that the president is unable to perform duties The Executive continued Impeachment & Removal The Vice Presidency Impeachment involves bringing charges of wrongdoing against a government official. The Constitution gives the House of Representatives the authority to impeach the president or VP for “treason, bribery, or high crimes or misdemeanors.” Once charges of impeachment have been made, the Senate sits in judgment of the charges the Chief Justice of the Supreme Court presides over the trial. A 2/3 voter from the Senate is required to convict. The Constitution gives the VP two jobs: preside over the Senate, break tie votes & help determine presidential disability under the 25th amendment and take over duties if necessary Electoral College System According to the Constitution & the 12th amendment, an electoral college elects the president & VP. The number of electors is equal to each of the states members of the House of Representatives & Senators. After the general election in November the electors gather at the state & cast ballots for the president. That is sent to the president of the senate & the ballots are counted by a joint committee of congress. If a majority isn’t found, the House of Reps chooses from the top three candidates. Since the VP may someday become president, the formal qualifications are the same as for the president. The VP serves a four year term, however, the number of terms is not limited. The selection of the VP occurs at convention when the candidate for president selects a running mate. The choice is most often to “balance the ticket” and expand the potential voting base. Today the VP is given a more prominent role and participates in cabinet meetings, serves on the National Security Council & represents the president on diplomatic missions. Presidential Powers Executive Powers Enforces laws, treaties & court decisions; issues executive orders to carry out policies; appoints & removes officials; assumes emergency powers; presides over cabinet & executive branch Legislative Powers Gives the annual state of the union message outlining problems & suggesting policy; issues annual budget & economic reports; signs or vetoes bills; proposes legislation & uses influence to get it passed; calls special sessions of Congress Diplomatic Powers Appoints ambassadors & other diplomats; negotiates treaties & executive agreements; meets with foreign leaders in international conferences; accords diplomatic recognition to foreign governments; receives foreign dignitaries Military Powers Serves as commander in chief of the armed forces; has final decision making authority in matters of foreign defense; provides domestic order Judicial Powers Appoints members of the federal judiciary; grants reprieves, pardons, & amnesty Party Powers Is the recognized leader of the party; chooses vice presidential nominee; strengthens the party by helping members get elected (coattails); appoints party members to government positions (patronage); influences platform & policies Executive continued Limitations on Presidential Power In order to avoid the possibility of abuses by the executive, the founding fathers provided for checks upon the powers of the executive: Congressional checks -override presidential vetoes (requires a 2/3 vote of both houses of Congress -power of the purse (Agency budgets must be approved by Congress) -power of impeachment -approval over appointments -legislation that limits the presidents power (war powers act) Judicial checks -judicial review of executive actions Political checks -public opinion -media attention -popularity The Bureaucracy A bureaucracy is a systematic way of organizing a complex & large administrative structure. The bureaucracy is responsible for carring out the day-to-day tasks of the organization. The US bureaucracy employs 2.8 million people. Bureaucracies generally follow 3 basic principles: • • • Hierarchical authority – similar to a pyramid with those at the top having authority over those below Job specialization – each worker has defined duties & responsibilities, a division of labor among workers Formal rules – established regulations & procedures which must be followed History & Growth Beginnings – standards for office included qualifications & political acceptability Spoils system – practice of giving offices & government favors to political supporters & friends Reform movement – competitive exams were tried but faild due to inadequate funding from Congress Pendleton Act – Civil Service Act of 1883, passed after the assassination of Garfield by a disappointed office-seeker; replaced the spoils system with a merit system as the basis for hiring & promotion Hatch Act of 1939 – prohibits government employees from engaging in political activities while on duty, running for office or seeking political funding while on duty, or if in sensitive positions, may not be involved with political activities on or off duty Civil Service Reform Act of 1798 – created the office of personnel management to recruit, train & establish classifications & salaries for federal employees Organization of the federal bureaucracy is generally divided into four basic types… Cabinet departments 15 executive departments created to advise the president & operate a specific policy area of governmental activity; each department is headed by a secretary, except the department of justice which is headed by the attorney general Independent Executive Agencies Similar to departments but without cabinet status (NASA, Small Business Administration) Independent regulatory Agencies Independent from the executive; created to regulate or police (Securities & Exchange Commission, Nuclear Regulatory Commission, Federal Reserve Board) Government Corporations Created by Congress to carry out businesslike activities; generally charge for services (Tennessee Valley Authority, AMTRACK, United States Postal Service) Executive Office of the president (EOP) The EOP includes the closest advisors to the president. Although established in 1939, every president has reorganized the EOP according to style of leadership. Within the EOC are several separate agencies: • • • • • • • • White House Office – includes chief of staff, counsel to the president, press secretary National Security Council – established by the National Security Act of 1947; advises the president on matters of domestic & foreign national security Office of Management & budget – helps the president prepare the annual federal budget Office of Faith-Based & Community Initiatives – Created by George W. Bush to encourage & expand private efforts to deal with social problems Office of National Drug Control Policy – advisory & planning agency to combat the nation’s drug problems Office of Policy Development – gives the president domestic policy advice Council of Economic Advisors – informs president about economic developments & problems Office of U.S. Trade Representative – advises president about foreign trade & helps negotiate foreign trade agreements Executive Departments State (1789) advises the president on foreign policy & treaties Treasury (1789) collects revenue & pays bills, coins & prints $ Defense (1789) manages the armed forces, operates military bases Interior (1849) manages federal lands, parks, manages Native American affairs Justice (1870) enforces federal laws, gives advice to the president, operates fed. prisons Agriculture (1889) gives assistance to farmers & ranchers, inspects food, manages forests Commerce (1903) grants patens & trademarks, conducts census, promotes intl. trade Labor (1913) enforces child labor, minimum wage, safe working conditions laws Health & Human Services (1953) administers Medicare/aid & Social Security, food/drug law Housing & Urban Development (1965) public housing programs & enforces fair housing law Transportation (1967) promotes mass transit, programs for highways, rail & air Energy (1977) promotes development & conservation of fossil fuels, nuclear/alternative energy Education (1979) administers federal aid programs to schools, engages in educational research Veterans Affairs (1989) promotes the welfare of veterans of the armed services Homeland Security (2002) works to prevent/minimize terrorist attacks on America The National Judiciary Dual Court System Original Jurisdiction The US has a federal court system & the court systems of each of the 50 states. The Constitution creates the federal courts in Article III (The Articles of Confederation didn’t have a federal court) Lower courts have authority to hear cases for the 1st time; in the federal system district courts & the Supreme Court (in a limited number of cases) have original jurisdiction where trials are conducted, evidence is presented, & juries determine the outcome of the case. Jurisdiction Appellate Jurisdiction The authority to hear & decide a case. Under the Constitution, federal courts have jurisdiction involving federal law, treaties, & the interpretation of the Constitution Courts that hear reviews or appeals of decisions from the lower courts, Courts of appeals & the Supreme Court have appellate jurisdiction Concurrent Jurisdiction Allows certain types of cases to be tried in either federal or state courts Structure of the Judicial System District Courts Congress, under the Judiciary Act of 1789, created the district courts to serve as trial courts at the federal level. Every state has at least one district court; there are currently 94 districts. More than 80% of all federal cases are heard in district courts. Only original Jurisdiction no appeals cases Courts of Appeals Congress creates in 1891 to help lesson the work load of the Supreme Court. There are 13 appeals courts & they hear appeals from the district courts. These courts only have appellate jurisdiction; they may only review cases already decided by a lower court. A panel of judges decides these cases. The Supreme Court The only court actually created by the Constitution, it is the final authority in dealing with all questions arising from the Constitution, federal laws, and treaties. The Supreme Court has original & appellate jurisdiction. Decisions from the Supreme Court may have a strong impact on social, economic, & political forces in our society The current size of 9 justices was set by congress in 1869. Opinions of the SC may become presidents, standards or guides to be followed in deciding similar cases in the future Judicial Selection The president appoints federal judges with confirmation by the Senate. There are no formal qualifications for federal judges. They serve :during good behavior” which generally means for life. The notion of a life term was to free judges from political pressures when deciding cases. They can be removed from office through impeachment (only 13 ever) Lower Courts Because of the large number of appointments the Department of Justice & the White House staff handle most appointments. Senatorial Courtesy, allowing the senator if from the presidents party & the home state of the nominee approve or disapprove the nomination Supreme Court Selection The higher visibility & importance demands the president give great consideration to the selection of a Supreme Court nomination. Presidents consider: Party affiliation Judicial philosophy Race, gender, religion, region Judicial experience “litmus test” – a test of ideological purity toward a liberal or conservative stand on certain issues like abortion Acceptability – noncontroversial and acceptable to the senate Some legal training, held positions in government, lawyers, district attorneys, law professors The Court at Work Accepting Cases Research & Conferences 1st The term of the Supreme Court begins the Monday in October & lasts until June or July of the following year. Rule of four – 4 of 9 justices must agree to hear a case. Writ of certiorari – an order by the court directing a lower court to send up records of a case for review. Certificate – a lower court asks the SC about a rule of law Briefs & Oral Arguments A brief is a detailed statement of the facts of the case supporting a particular position. Both sides file separate briefs to the SC. Oral Arguments allow both sides to present their positions to the justices during a 30 minute period. The justices can interrupt the lawyers to ask questions or challenge points Justices use law clerks to research info in the arguments & briefs. Throughout the term justices meet in private conference to consider cases, with the chief justice presiding over the conferences. Each justice can speak about the cases under discussion. An informal poll determines how each is leaning. Writing Opinions Once the SC has made a decision on a case, the decision is explained in a written statement called an opinion. Majority opinion – a majority of the justices agree on the decision & its reasons Concurring opinion – a justice who agrees with the majority opinion but not the reasoning Dissenting opinion – those justices who disagree with the majority opinion Judicial Philosophy Judicial Activism Judicial Restraint Judicial activism or judicial intervention, holds that the court should play an active role in determining national policies. The philosophy advocates applying the Constitution to social & political questions, especially where constitutional rights have been violated or unacceptable conditions exist. Judicial restraint holds that the court should avoid taking the initiative on social & political questions, operating strictly within the limits of the Constitution & upholding acts of Congress. It advocates the belief that the court should be more passive, allowing the executive & legislative branches lead the way in policy-making. Judicial philosophy of activism or restraint is not the same as political philosophy such as liberal or conservative Civil liberties & civil rights Civil Liberties & Civil Rights In the Declaration of Independence, Thomas Jefferson wrote that all people “are endowed by their creator with certain unalienable rights.” Civil Liberties are those rights that belong to everyone; they are protections against government & are guaranteed by the Constitution, legislation & judicial decisions. Civil Liberties Bill of rights – added in 1791 to the original Constitution to provide specific rights guarantees by the national government • • • • Freedom of religion, speech, press, petition, & assembly No unreasonable searches & seizure Protections against self incrimination & double jeopardy Protections in criminal procedures Constitution – mentions specific rights considered to be fundamental freedoms by the founding fathers: • • • Writ of habeas corpus – you must be brought before the court and informed of the charges against you No bills of attainder – you cannot be punished without a trial No ex post facto laws – laws applied to acts committed before the laws passage are unconstitutional Civil Liberties continued Court decisions protect rights through the use of judicial review. • Flag burning (Texas v. Johnson, 1989) is protected, but burning a draft card (United States v. O’Brien, 1968) is not protected symbolic speech Legislative actions are laws that set limits or boundaries on one person’s rights over another’s or bring balance between the rights of individuals & the interests of society. For example, false advertizing is not protected under the 1st amendment guarantee of freedom of speech. The 14th amendment – provided for the expansion of individual rights • Gitlow v. New York (1925) applies and incorporates the Bill of Rights into state and local governments Freedom of religion Establishment Clause – according to Jefferson, the Constitution creates a “wall of separation between church & state.” Because the church & government are separate, Congress cannot establish any religion as the national religion. Free exercise clause – guarantees the right to practice any religion or no religion at all. The court has ruled that religious belief is absolute, while the practice of those beliefs may be restricted, especially if those practices conflict with criminal law. Engle v. Vitale (1962) The court ruled school sanctioned prayer in public schools is unconstitutional (Establishment Clause) Wisconsin v. Yoder (1972) The court ruled that Wisconsin couldn’t require Amish parents to send their Church of Lukumi Babalu v. City of Hialeah (1993) The court ruled that laws banning animal sacrifice were unconstitutional because they targeted the Santeria religion children to public school after the 8th grade (Free Exercise Clause) Regulating speech Types of speech speech – the most common form, verbal, most protection Symbolic speech – using actions & symbols to convey an idea (burning flag, draft card) Speech plus – using verbal & symbolic speech together like at a rally Pure Regulating Speech Limitations on free speech have existed around providing national security. Alien & Sedition Acts, made it illegal to say anything false or malicious against the government or officials expired in 1801 Schenck v. United States (1919) Schenck mailed letters to draftees in WWI urging them to protest the draft; court Tinker v. Des Moins (1969) Court ruled that wearing arm bands to protest the Vietnam War was “pure speech” and protected under the 1st amendment Texas v. Johnson (1989) Curt ruled that flag burning is a protected form of symbolic speech Since the 1940’s the court has supported the preferred position doctrine: 1st amendment freedoms protect other freedoms & should be allowed unless absolutely necessary Freedom of the press Freedom of the press is often protected because it is closely related to freedom of speech; the press is used as a form of expression. Today the press includes newspapers, magazines, radio, television, & the internet. Near v. Minnesota (1931) The court applied the protections of free press to the states under the due process clause of the 14th amendment & prohibited prior restraint A prior restraint is an official restriction of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as "the most serious and the least tolerable infringement on First Amendment rights."1 Since 1931, the Court repeatedly has found that such attempts to censor the media are presumed unconstitutional New York Times v. United States (1971) The court reaffirmed its position of prior restraint, refusing to stop the publication of the Pentagon Papers. Freedom of Assembly & Petition Freedom of assembly & petition applies to both private & pubic places, allowing citizens to make their views known to government officials through petitions, letters, picketing, demonstrations, parades & marches. The courts have protected these rights while allowing the government to set limits to protect the rights & safety of others. The courts have generally ruled: • • • • • That to protect public order, government may require groups wanting to parade or demonstrate to first obtain a permit Certain public facilities (schools, airports, jails) not generally open to the public may be restricted from demonstrations Restrictions on assembly must be worded precisely and must apply to all groups equally The right to assemble does not allow groups to use private property for its own uses (creates buffer zones around abortion clinics) Police may disperse demonstrations in order to keep the peace or protect the public’s safety (if demonstrations become violent or dangerous to public safety) Right to Privacy The constitution makes no mention of a “right to privacy,” however the Supreme Court has interpreted several rights that might fall under the category of privacy. Griswald v. Connecticut (1965) – the court ruled that the Constitution created “zones of privacy” & enhanced the concept of enumerated rights of the 9th amendment Roe v. Wade (1973) – the outcome was a continuation of the recognition of a constitutional right of privacy for a woman to determine whether or not to terminate a pregnancy Rights of the accused Several amendments of the Bill of Rights address the rights of those accused of crimes. The 14th amendment extends those protections to apply to the states. 4th amendment: Search & seizure – Mapp v. Ohio (1961) the court ruled that evidence obtained without a search warrant was excluded from trial in state courts 5th amendment: Self-Incrimination – Miranda v. Arizona (1966) the court ruled that suspects in police custody have certain rights & that they must be informed of those rights (right to remain silent, right to an attorney) 6th amendment: Right to an attorney – Powell v. Alabama (1932) the court established that the due process clause of the 14th amendment guarantees defendants in death penalty cases the right to an attorney. Gideon v. Wainwright (1963) the court ruled that in state trials, those who cannot afford an attorney will have one provided by the state 8th amendment: Cruel & Unusual Punishment – Furman v. Georgia (1972) the court ruled the death penalty unconstitutional under existing state law because it was imposed arbitrarily. Gregg v. Georgia (1976) – In this case, the death penalty was constitutional because it was imposed based upon the circumstances of the case. Civil Rights Civil Rights are the positive acts of government, designed to prevent discrimination & provide equality before the law. The Equal Protection Clause of the 14th amendment was added to the Constitution after the Civil War to prevent states from discriminating against former slaves. Constitutional Amendments that protect Civil Rights • • • The 13th: abolished slavery The 14th: defined citizenship to include former slaves The 15th: provided that no individual could be denied the right to vote based on race Until the 1950’s & 1960’s states continued to use discriminatory practices to prevent African-Americans from participating in the political process Black Codes were state laws passed to keep former slaves in a state of political bondage. The laws included literacy tests, poll taxes, registration laws, & white primaries The Civil Rights Act of 1875 outlawed racial discrimination in public places like hotels, theaters, & trains. The act was ruled unconstitutional in 1883 Jim Crow laws were laws designed to segregate the races in schools, public transportation & hotels In Plessey v. Ferguson (1896) the court upheld the Jim Crow laws by allowing separate facilities as long as they were equal. With Executive Order 8802 (1941) FDR banned racial discrimination in the defense industry & government offices With Executive Order 9981 (1948) Truman ordered the desegregation of the armed forces In Brown v. Board of Education (1954) the court overturned the Plessey decision, ruling that separate but equal is unconstitutional The Civil Rights Act of 1957 created the Civil Rights Division of the Justice Department & made it a crime to prevent a person from voting The Civil Rights Act of 1964 prohibited discrimination in employment and in all places of public accommodation & created the Equal Employment Opportunity Commission (EEOC) The 24th amendment (1964) outlawed poll taxes in federal elections The Voting Rights Act of 1965 outlawed literacy tests and discrimination in voter registration The Civil Rights Act of 1991 made it easier for suits against employers with discriminatory hiring practices Other Minorities – Hispanics, American Indians, Asian Americans, women, & people with disabilities have all pushed for an end to discrimination Hispanic Americans Hispanics are the fastest growing minority group in America, they are made up of Mexican Americans, Cuban Americans, Puerto Ricans, & Central and South Americans The Woman’s Movement 19th amendment (1920) gave women the right to vote Civil Rights Act (1964) banned job discrimination Reed v. Reed (1971) court ruled against a law that discriminated against women Equal Employment Act (1972) prohibited discrimination in hiring, firing, promotions, pay, & working conditions The Native Americans 2,000,000+ Native Americans live on reservations in the U.S. Problems such as poverty, unemployment, alcoholism, & drug abuse are common problems. Government efforts have been made to improve and protect Native American culture. People with Disabilities Education for All Handicapped Children Act (1975) children with disabilities will receive an “appropriate” education Americans With Disabilities Act (1990) employers & business owners must make facilities wheel-chair accessible & provide for seeing, hearing, & speech impaired people Two more groups & affirmative action Affirmative Action is a policy designed to correct the efforts of past discrimination. Most issues of affirmative action are race or gender based. In recent court decisions the court seems to be taking a more conservative view of affirmative action programs and many fear that affirmative action is on the decline. Homosexuals In the early 1970’s the gay rights movement began picking up momentum. Several states have since passed laws prohibiting discrimination in employment, housing, education, & public accommodations. The Elderly In 1967, Congress passed the Age Discrimination in employment Act, prohibiting employers from discriminating against individuals over the age of 40. Politics & Public Policy Making The policy making process Public Policy is the method by which government attempts to solve the problems of a nation. Agenda setting – recognizing an issue as a problem which must be addressed as a part of the political agenda. Problems are brought to the political agenda by citizens, interest groups, the media, or government entities Policy formulation – finding ways to solve the problem; exploring options, & developing proposals to solve the problem Policy adoption – adopting a plan of action to solve the problem; may require passage of legislation Policy implementation – executing the plan of action by the appropriate agency Policy evaluation – analysis of policy & its impact upon the problem; judging the effectiveness of the policy & making adjustments if necessary Domestic Policy – refers to social policies of the U.S. in the following areas Crime Prevention Crime prevention has traditionally been left to state & local governments. With crime on the rise the federal government has stepped in. the federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), & the Bureau of alcohol, tobacco, & firearms (ATF) are all federal depts. Education The federal government has played the role of ensuring equal access to education. Congress created the Department of Education in 1979 & programs for higher education. Energy Energy policy has generally been around conservation & alternative energy resources. New policies have addressed global warming & toxic waste disposal. The Environment Began with the federal government setting aside lands for parks & forests. In the 1950’s Congress started attempting to protect the environment. The clean air act, endangered species act & environmental impact statements are all policy now Healthcare The largest amount of governmental spending goes to Medicare & Medicaid. Agencies involved with public health are; centers for Disease Control (CDC), & the Food & Drug Administration (FDA) Social Welfare Began during the New Deal era. The Social Security Act (1935) and LBJ’s Great Society are examples of government in welfare issues Economic Policy – can have a profound effect on national elections. The President & Congress are held responsible for the economy’s “health” Raising revenue – the government raises revenue through collecting taxes. The federal government collects individual income tax, excise taxes, customs duties, estate & gift taxes. The government also raises $ through the sale of government securities by the Federal Reserve & the collection of fees for services provided, such as patent fees. Government spending – Government spending may be discretionary or nondiscretionary. Discretionary spending is spending about which government planers may make choices, nondiscretionary spending is required by existing laws for current programs. Nondiscretionary spending has gone up and discretionary spending has gone down lately. Discretionary spending includes defense spending, education, student loans, scientific research, environmental cleanup, law enforcement, disaster aid & foreign aid. Nondiscretionary spending includes interest on the national debt & social welfare programs like Social Security, Medicare, Medicaid, veterans’ pensions, & unemployment insurance. The federal budget The federal budget indicates the amount of $ the federal government expects to receive and authorizes government spending for a fiscal year. The fiscal year for the federal government is from October 1 to September 30. The process of preparing the federal budget takes about 18 months & involves the following: Proposals – each federal agency submits a detailed estimate of its needs for the coming fiscal year to the Office of business Management & Budget (OMB) Executive branch – the OMB holds meetings at which representatives from the various agencies may explain their proposal. The OMB works with the presidents staff to combine all requests into a single budget package, which the president submits to Congress in January or February. Congress – debates & modifies President – Congress sends appropriations bills to the president for approval. If no budget is approved, Congress must pass temporary emergency funding or the government will “shut down”. Foreign Policy & Defense Foreign policy involves all the strategies & procedures for dealing with other nations. The purpose of foreign policy is to maintain peaceful relations with other countries through diplomatic, military, or trade relations. The president & Foreign Policy – often seen as the leader in the development of foreign policy. The authority originates from constitutional powers, historical precedent, & institutional advantage. The president is the commander-in-chief of the armed forces, negotiates treaties & executive agreements, appoints foreign ambassadors. Historically, presidents have often issued foreign policy statements (the Monroe & Truman doctrines) that have not passed through the legislative process but set the tone for foreign policy. The president can respond more quickly than Congress when a national crisis takes place (Pearl Harbor, 9/11 attack) Foreign Policy & Defense Departments The Department of State This department is the major foreign policy unit. The Secretary of State reports directly to the president with advice about foreign policy matters. It is organized into bureaus each specializing in a region of the world The Department of Defense (DOD) Provides military information to the president. The Secretary of defense advises the president on troop movements & weapons development. The National Security Council (NSC) Part of the Executive Office of the president. Members include the president, VP, secretaries of state & defense, the joint chiefs of staff, the director of the CIA & the presidents national security advisor The United States Information Agency Helps keep the world informed about America, the American way of life, & American views on world problems. It sponsors the “voice of America” radio programs that are broadcast around the world Central Intelligence Agency Responsible for gathering secret information essential for national defense. Congress & current Issues in Foreign Policy Congress plays a major role in foreign policy. It is the responsibility of the Senate Foreign Relations Committee & the House Committee on Foreign Affairs to make recommendations to Congress & the president on Foreign relations. The Senate must approve all treaties between the U.S. & foreign nations with a 2/3’s vote. Congress has the power to declare war & must approve spending for national defense. Current issues include • • • Nuclear proliferation – how do we prevent possible enemies from gaining nuclear technology that they might use against the U.S. or our allies Terrorism – How do we defend ourselves against possible terrorist attacks? International trade – can be used as a tool of foreign policy by providing military or economic aid or by reducing or eliminating tariffs through trade agreements (North American Free Trade Agreement NAFTA) THE END!!!!!