File - American Government

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A. P. US Government &
Politics
Exam Review
Weekly Agenda
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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
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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
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(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
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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
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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
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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…
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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
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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
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(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
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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
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Virginia plan
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Single executive chosen by
congress, one term, veto
power, removed by
congress
Judges chosen by congress
Representation from
population and $
contributed
Bicameral legislature
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Lower house chosen by
the people
Upper house chosen by
the lower house & state
legislatures
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New Jersey Plan
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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
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Reps chosen by state
Each state gets one vote
The outcome
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Weaknesses of the Articles of
Confederation
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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
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How the Constitution Remedied
Weaknesses
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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
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The Anti-Federalists believed the new
constitution gave too much power to the
national government
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And lacked a bill of rights
The Federalists supported a strong central
government
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Grants-in-aid, Categorical grants, block grants, revenue
sharing, mandates
Review Unit 3
Political Culture, Political
Parties & Voting and Elections
American Democratic Values
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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
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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
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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
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– 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
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Rolls of political parties
• Party in the electorate: all of the people who
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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
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Party systems
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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
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What do political Parties do?
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Recruit candidates
Nominate & support candidates
for office
Educate the electorate
Organize the government
Party Identification &
Membership
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Membership is voluntary and there are no dues factors
the influence identification are:
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• 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
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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
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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
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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
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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
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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
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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
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•
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:
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•
•
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
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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)
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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:
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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
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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
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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
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Bill of rights – added in 1791 to the original Constitution to provide
specific rights guarantees by the national government
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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:
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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
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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
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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
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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:
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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.
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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
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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
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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
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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
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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!!!!!
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