ap gov exam review
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AP GOV EXAM REVIEW Constitution Concurrent/denied/reserved powers/implied powers Weaknesses of Articles of Confederation; Achievements of A of C government; Shays’s Rebellion John Locke, natural rights, consent of the government; Declaration of Independence Constitutional Convention o Virginia, NJ, Plans, Great Compromise o Elements of Constitution that addressed weaknesses of A of C; addressing problems of decentralization o Separation of power – powers divided among 3 separate and coequal branches o Checks and balances – among 3 branches of govt – know all the checks o Limited government – listing powers of fed govt, reserving powers to the states o Compromises on slavery: 3/5 Clause, Fugitive Slavery Law, ending international slave trade in 1808 o Compromises on presidency: length of term, number of terms, Electoral College o Fear of tyranny of majority Judicial review – Marbury v. Madison Clauses: Supremacy, Full Faith and Credit Privileges and Immunities Examples of Recent rulings on federalism Rights that are in the body of the Constitution: writ of habeas corpus, no bill of attainder, no ex post facto laws, trial by jury in fed courts, protection as citizens move from one state to another, not nobility, limits on punishment of treason, no religious oaths for fed office, guarantee Repub govt for all states Bill of Rights and rest of Amendments Ways of amending the Constitution formally and informally What in the Constitution limits the power of government Fight for ratification; Federalists v. Antifederalists, Federalist Papers, Federalist #10 and 51 Federalism Unitary, Confederal, federal system Advantages and disadvantages of federalism Powers enumerated for fed govt/reserved to state govt, concurrent Constitutional basis of federalism: Supremacy Clause, 10th Amendment, Elastic Clause, Full Faith and Credit Clause, Extradition, Privileges and immunities clause, Commerce clause McCulloch v. Maryland, Gibbons v. Ogden Dual Fed Cooperative Fed Creative Fed Fiscal Fed – using mandates and other requirements to get the states to do what the fed government wants New Federalism How the Supreme Ct has interpreted federalism in past 20 years Vertical fed – relationships b/t states and central govt; Horizontal govt – states having relations with each other Limitations on states Interstate obligations and rights – Article IV: Full faith and credit, privileges and immunities, extradition interstate compacts Federalism in Politics: Senators rep states, House members, Court system, Senatorial courtesy, in politics: primaries, parties organized along quasi-federal lines Grants o Formula grants, e.g. Medicaid and AFDC o Categorical grants – earmarked for specific purposes, 90% of all fed grants o Block grants – general use in broad area o General revenue sharing – discontinued in 1986 Regulatory Federalism – address national goals like environmental laws, Civil rights Mandates, unfunded mandates: Unfunded Mandates Reform Act, impact of federal mandates Motor Voter, Welfare Reform, Americans with Disabilities Act, federalism in current policy debates: medical marijuana, illegal immigration, health care reform How federalism can help and present obstacles to racial minorities How powers of federal govt have increased relative to the power of the states: which provisions of the Constitution have been used: power to tax and spend, Elastic clause, Commerce clause Political Opinion and Participation Who votes – variables Conservative vs. liberal ideologies Frontloading Reapportionment vs. redistricting – political impact of reapportionment Political socialization Participation: conventional/unconventional Who turns out to vote: demographic variables affecting who turns out to vote Motor Voter Act and its effects Political efficacy, civic duty How people vote: what they evaluate candidates on Why more vote in presidential elections than in off-year elections Institutional obstacles to voting Retrospective and prospective voting Reapportionment Sources of political information Factors that influence people’s political beliefs What in the Constitution that favors popular vote and what comes in between the vote of the people and the government? Types of polls and problems with polling Factors that cause cleavages in public opinion Conventional and unconventional types of political participation Gender gap Sectional differences: Sun Belt, Rust Belt, Snow Belt Reasons for decline in trust and confidence in government, consequences of that decline Political Parties Purposes of parties/ What do they do? Be aware of the role of the parties in politics and their role in government Party as linkage institution: tasks they do Factors that contribute to the continuation of the two-party electoral system Trends in party identification: demographic groups that lean to one party or the other, geographic areas, rural/urban, ideological Coalitions for each party Trend towards ticket-splitting and increase in independents Organization of the parties: Decentralized party structure: local, state, and national party organizations o National committee, national chairman, national convention, congressional campaign committees Party machines Reforms that weakened parties: civil service reform, ballot reform, primaries, campaign finance reform The roles of party in government Party eras in American history Party dealignment and realignment Split-level parties – have strong vigorous organizations, but weak followings on the mass level Changes that have led to a weakening of political parties Consequences of having weakened parties Restructuring of the Democratic Party in 1968 and McGovern-Fraser Commission, superdelegates 3rd or Minor Parties o Types of 3rd parties o Why 3rd parties have trouble breaking through o What roles 3rd parties play in our system o Consequences of two-party system Winner-take-all system vs. proportional representation Candidates distancing themselves from party – candidate-centered elections How political parties can help and present obstacles to racial minorities Elections Amendments that deal with voting 1974 Federal Election Campaign Act – impact o FEC – what it does o Buckley v. Valeo o Public funding of presidential campaigns Soft vs. hard money Raising money; invisible primary 2002 Bipartisan Finance Reform Act o McConnell v. FEC o Citizens United v. FEC Effects of each reform Growth of independent groups – PACS, 527s How campaigns have changed in the past 50 years, effects of primaries (since 60s) Focus on candidate-centered campaigns: role of media Types of elections: primary and general Types of primaries: closed, open, blanket o Effect of front-loading of primaries o Crossover voting o Iowa caucuses and NH primary o Super Tuesday o Smith v. Allwright Role of the media in elections; role of “new” media/internet GOP: winner-take-all primaries. Democrats: proportional rep in primaries, plurality elections – results of those differences, e.g. 2008 election Coattail effect – declining Critical election – changing party loyalties, e.g. 1932, 1968 Differences in presidential and congressional elections Who votes in primaries vs. general election? What has been the effect of having primaries and caucuses determine the nominee vs. a convention? What are the effects of frontloading in the nomination process? Open convention vs. closed convention: how conventions have changed – the role of conventions today Party platforms What goes into running a campaign? Impact of campaign on voters: what determines how people vote? Effect of advertising? Propositions: initiative and referendum Advantages that incumbents have o Why House incumbents have higher reelection rates than Senate incumbents o Trends towards higher reelection rates for incumbents Electoral laws, How the electoral system can help and present obstacles to racial minorities How have election reforms weakened the political parties? Media How presidents can use the media Role of media in election campaigns, impact on campaigns Roles of media Changes in role of media, evolution of mass media, results of internet and new media Laws affecting the media o Equal access rule o Equal time rule o Right-of-rebuttal rule o Fairness Doctrine – ended in 1985 – effect o Role of FCC How candidates use the media Focus on candidate over issues Effects of the new media, internet, cable, bogs, youtube, Myspace, emails, Twitter, Facebook Media as linkage institution Setting the agenda Sound bytes Bias in the media Rules in reporting: off/on the record, on background, deep background Trial balloons and leaks Supreme Court cases affecting the media: prior restraint: US v. NY Times (Pentagon Papers) Horserace journalism, scorekeeper, gatekeeper, watch dog function Interest Groups Types of IGs How they can influence policy-makers: which methods various groups prefer to use Theories of roles of IGs: pluralist, elite, hyperpluralist Roles of IGs in elections Which policymaking institutions do IGs target Role of lobbyists Effect of campaign finance reform on IGs: 1974 and 2002 Use of litigation: briefs and class action lawsuits IGs as linkage institutions Iron Triangles/issue networks - subgovernments What makes an IG successful Differences from parties Why people join IGs - incentives Where IGs get their money The revolving door Grassroots lobbying, Astroturf lobbying Congress Demographics in general of those in Congress Elements of the Constitution that relate to Congress and its powers – Article I: delegated powers, qualifications for serving in House and Senate Reasons for a bicameral legislature Differences b/t House and Senate Powers of the Senate and House Advise and Consent by the Senate Non-legislative tasks of Congress: oversight, education, representing constituents within government o Delegate vs. trustee model Filibuster, cloture, Rule 22 Types of Committees in Cong: standing, joint, select, conference o Standing – only ones to write legislation and conduct oversight How GOP changed House rules Job of Speaker. Majority/Minority Leader/ Pro-tem, what do Whips do? How can party leadership affect legislative process House Ways and Means/Senate Finance > taxes Appropriations > how money is apportioned to federal agencies Non-legislative tasks of Congress Legislative veto – line item veto: what do these terms mean and what has the Supreme Court said about them? How a bill becomes a law and where a bill can be killed Resolutions: simple and concurrent Important Committees: House Rules – what can it do, House Ways and Means, Senate Finance, Appropriations Committee Mark up Franking privilege Advantages of incumbents: credit claiming, constituent service What affects how congressmen vote? Pressures on them to vote o Presidential jawboning o Logrolling o PACS, IGs o Constituents o Ideology, religious beliefs o Party Affiliation – most important factor Role of lobbyists and IGs Advantages and disadvantages of committee system, role of subcommittees Legislative veto Pork barrel legislation, earmarks Effect of 1982 Voting Rights Act to encourage states to create majority minority districts o Impact of having maj-min districts o What has the Supreme Court said about race as a factor? Principles in districting, Shaw v. Reno Reapportionment and redistricting – what is the difference? o Census, apportionment, malapportionment, redistricting, gerrymandering, racial gerrymandering Baker v. Carr and Wesberry v. Sanders Who becomes chair of committees, how committee assignments are determined; majority party has majority on committees Seniority system Congressional caucuses: party and other caucuses Term limits debate: arguments on each side Changes made after 1994 election by Gingrich Republicans in House Role of the parties in Congress Oversight function of executive branch, bureaucracy Specialization in Congress How Congress reasserted its powers after Nixon – what made 1974 an earthquake in the power system War Powers Act Budget and Impoundment Control Act How impeachment works Presidency Formal powers of President – Know Article II o Veto, pocket veto o SOTU o Nominations o Grant pardons o Commander in Chief o Treaties o Diplomatic representative for the US o Oversee depts. And agencies Informal powers of president o Executive privilege o Executive orders o Executive agreements o Bully pulpit How the Constitution forces the president and Congress to work together and why conflicts are natural – different constituencies How they can pursue their own policy agendas o Act as chief legislator B/c of a veto can have a good deal of influence over shaping of a bill o Rely on party support Shared priorities with those of same party If popular pres – reflects well on those who support him Must rely on members of Congress to introduce legislation Tools of Pres as Party leader Bargaining Appeals to party members Assistance in fund-raising Help in electioneering Dispensing of perks o Public Support If a president is popular – gives him more power in talking to reps If weak – hard to garner support More likely to get things passed early in his term o Legislative skills Presidents can bargain with reps to offer support on legislation or joint public appearances Offer more during honeymoon period Try to focus attention of Congress on their agenda Advantages over Congress in making foreign policy o Executive Orders Diplomatic powers of President o Formal recognition of other govts or terminating it o Negotiating treaties o Executive agreements are administrative in nature o Using US influence to arbitrate conflicts b/t other nations Mil powers o Authorize mil actions o Send troops to specific areas of conflict o War Powers Act Must inform Congress within 48 hours Troop commitment is for 60 days unless Cong agrees to a longer deployment Congress may end commitment at any time through a concurrent resolution Power from the People: Public Presidency – voter’s approval determined o Whether voter identifies with the political party of pres o How pres responds to eco shifts or current issues o How effective a public speaker the pres is o Whether he appeals to the public directly o How media interpret the actions of the pres o Tools Pres uses to garner support Sources of informal powers of presidents o From precedents by past president (GW using Cabinet for advie) o From actions of Congress giving president power – Gulf of Tonkin o Bully pulpit Limits on pres power o System of checks and balances Appointments Override veto o Acts of Congress to limit what pres does o Decisions of federal cts affecting programs and policies o Ineffectiveness of bureaucracy o Realities of global politics o Public opinion White House Staff o Top-level aides such as chief of staff, national security asst, counsel of the pres, press sect o Several hundred people in support services like travel office o How presidents organize staff Executive Office of pres o Must be confirmed by the Senate o OMB, CIA, National Eco Council, Office of Personnel Mgt, and Office of the US Trade Executive, Drug Control policy o OMB – develop budget, review legis and regul proposals from depts. And oversees how depts. Spend their money o NSC – pres, VP, sect of st, def, chairman of JCS, CIA, NS advisor o Indep regulatory agencies, govt corporations, and indep exec agencies How a pocket veto works More leeway in foreign policy and military affairs than domestic Line item veto – Clinton v. NYC Executive Privilege – US v. Nixon o Also disallowed as shield against civil suits of the pres o Ordered executive branch personnel to appear before grand juries – not covered by immunity Impoundment VP o Only 2 formal duties – vote to break a tie and to help decide pres disability o 12th Amendment o Only jobs are what pres gives o Criteria for choosing a VP Approval rating – rallying effect in foreign crises, loss of Congressional seats by Pres’s party in midterm elections Chief of staff runs day-to-day ops Photo ops, sound bites, press conference Pol patronage Effects of divided government What affects presidential approval ratings? Imperial Presidency How the Electoral College works: advantages and disadvantages? Bureaucracy No guidance in Constitution on bureaucracy How Administrators (officials and agencies of executive branch) can influence policy: delaying implementation of policy, writing rules and regs, enforcing such rules, regs, and laws, adjudicating conflicting interests Cabinet – criteria for pres choosing cabinet members Independent Agency – operate outside the executive departments, but are part of the executive branch o Independent executive agencies o Independent regulatory agencies or commissions o Government corporations History of growth of federal bureaucracy How are members of bur. recruited – Office of Personnel Mgt, competitive service (2/3) of official Pendleton Act 1883 Spoils system/Patronage Hatch Act 1939, 1993 Iron Triangles/Issue Networks/sub governments How people tend to go to the type of agency whose views they share Ways to sabotage political bosses Congressional Checks: authorization legislation for funding, rewriting legis Constraints on Bureaucracy by Congress: FOIA, Environmental, Privacy Act, Open meeting, Civil Rights Congressional Oversight Bureaucratic pathologies Presidential ways to influence policy preferences: appointment, executive orders to agencies, OMB, budget, Attempts to reform bureaucracy Revolving Door Policy-making functions of federal agencies: regulations, enforcement, interpreting vague laws (e.g. Title IX) Judiciary Original jurisdiction: 1 part a state, 2 states, ambassador Appellate jurisdiction Plea bargain Senatorial courtesy/Blue slip – political elements of judicial nominations Debates over judicial ideology: judicial activism/loose construction/moral reading of the Constitution vs. Judicial restraint/originalism Outline history of Supreme Court: John Marshall, Warren Court, changes today Other courts with a path to the SC – when federal courts have jurisdiction Rule of four Writ of certiorari Reasons for hearing a case – how the SC selects caseload Solicitor General How Congress can try to influence Court: budget, salaries, remove appellate jurisdiction, control number of justices on Court, approval of nominations, revise statue, amendment Structural remedies Litigant, plaintiff, defendant Types of laws: Constitutional, statutory, administrative, common laws Standing Class action suits Dual court system – what does that mean? Criteria president uses in selecting nominations: party affiliation, acceptability to Senate, Judicial experience, race and sex, litmus test The politics surrounding judicial nominations The role of an Amicus curiae brief Opinions: majority, dissenting, concurring How Courts set public policy: remedies (e.g. running schools or prisons, or ordering increased funding for schools) Reasons for a policy role for courts: level the playing field, protect against tyranny of the majority Reasons against a policy role for the courts: not elected, if swayed by political or social considerations – not standard, just inserting their own opinions How courts depend on the other two branches Civil Rights and Liberties Incorporation, selective incorporation, Fundamental Rights principles, Liberty Clause of Due Process Clause of 14th Amendment How rights of Bill of Rts have been incorporated Substantive and procedural due process How rights have evolved based on judicial interpretations Freedom of religion o Establishment and Free Exercise Clauses o Lemon v. Kurtzman o Prayer in School o How SC has interpreted government’s role and religion and how has it changed over the years o What limitations has the Court allowed in the free exercise of religion? Freedom of Expression o What is speech? When can it be limited? o Schenck v. US o Gitlow v. New York o Symbolic speech and flag burning o Student rights of free speech in school Freedom of the Press o Limits on freedom o FCC o Prior restraint Freedom of Assembly – right to protest, picket, demonstrate. Also freedom of association Defendants’ Rights o 4th Amendment: search and seizure, warrant, exclusionary rule, Mapp v. Ohio o Protection from self-incrimination, 5th Amendment, Miranda o Right to Counsel – 6th Amendment, Gideon, plea bargaining, right to trial o Cruel and unusual punishment prohibited – 8th Amendment, Capital punishment doesn’t violate 8th Amendment Right to privacy – implied in first 10 Amendments o Abortion rights based on right to privacy o Griswold v. Connecticut Civil Rights. o 14th Amendment guaranteed “equal protection of the laws” o Dred Scott – upheld constitutionality of slavery, said blacks weren’t citizens, and Congress couldn’t regulate slavery in the territories o 13th, 14th, and 15th Amendments o Plessy v. Ferguson – separate but equal o Brown v. Board 1954 – overturned Plessy – said segregation was inherently unequal o Civil Rights Act of 1964: outlaw racial discrimination in public places, employment, establish EEOC, prohibited discrimination based on gender o Federal response to discrimination against women, blacks, age, disability, sexual orientation o Classifications or tests or standards for seeing whether a law or govt action meets a standard of reasonableness Rational basis Heightened or medium scrutiny – applied to quasi-suspect classifications – based on gender Strict scrutiny – highest standard, deals with suspect classification (based on race and national origin) or fundamental rights (guaranteed under the Constitution). Need to have a compelling state interest to have these laws upheld o Differences b/t de jure and de facto segregation o Equality of opportunity vs. equality of result Measures to ameliorate discrimination o Affirmative Action Bakke – ban strict quotas, reverse discrimination Michigan cases o busing to achieve racial balance o Redistricting to achieve racial balance Right to vote 15th Amendment Ways that southern states circumvented law with literacy tests, poll taxes, grandfather clause o 24th Amendment o 1965 Voting Rights Act Women’s rights o Originally excluded from rights of equality implied in Constitution o 19th A o Equal Rights Amendment passed by Congress in 1972 but never ratified by ¾ legislatures o Reed v. Reed o Comparable worth Abortion rights o How Roe v. Wade was based on the right to privacy o o o o The limitations that the Court has and has not allowed in the right to an abortion The political impact of abortion in electoral politics and the politics of judicial nominations Americans with Disabilities Act Gay Rights Review of Policy Topics Mandatory, discretionary spending, entitlements Reasons why it’s difficult to enact new policy: divided govt, weak party discipline, growth in IGs and PACs, budgetary barriers 1974 Budget Reform Act Gramm-Rudman-Hollings Act and changes in 1990 Types of taxes: income (largest source of revenue), social insurance taxes, progressive, regressive Other sources of revenues How the Budget Process works Types of welfare programs Tools of Federal Reserve: buying/selling gvt securities on the open market, discount rate, reserve rate Supply-side economics Entitlement programs, means-testing COLAs: cost of living adjustments for entitlement programs How Social Security works – problems, why it’s difficult to reform Why some policies persist: public support, Igs, senior citizens, bureaucracy support Health care Actors in foreign policy: other organizations: UN, NATO, NGOs, Role of President in foreign policy – his powers, Apparatus in government, Role of Congress: treaties, dec of war, funds Fiscal policy – impact of taxing, spending, borrowing policies on nation’s economy What fed govt can do to affect policy: min wage, regulation, environmental and consumer regs, aids to commerce, promote trade – trade barriers, taxes Environmental laws, EPA, role of govt in environment Igs involved in policies: environmentalists, prop owners, corporations, workers in industries, foreign nations How welfare works Role of Interest groups List of Important Laws, etc. that You SHOULD Know by Now Northwest Ordinance Virginia Plan New Jersey Plan The Great Compromise Necessary and Proper Clause Supremacy Clause Whistle Blower Protection Act (1989) Freedom of Information Act (1966) Civil Rights Act of 1964 Voting Rights Act of 1965 Higher Education Act of 1972 (Title IX) Voting Rights Act of 1982 Commerce Clause Fugitive Slave Clause Emergency Highway Energy Conservation Act (1974) Americans with Disabilities Act (1990) Motor Voter Registration Act (1993) Unfunded Mandates Reform Act (1995) Pendleton Act (1883) Federal Election Campaign Act (1974) Senate Rule 22 Congressional Budget and Impoundment Act (1974) War Powers Act (1973) Presidential Succession Act of 1947 North American Free Trade Agreement (NAFTA) Social Security Act (1935) Gramm-Rudman-Hollings (1985) Medicare and Medicaid Welfare Reform law (1996) National Security Act (1947) Goldwater-Nichols Act (1986) Clean Air Act (1963) Environmental Protection Agency (EPA) (1970) Water Quality Improvement Act (1970) Endangered Species Act (1973) Clean Air Act (1970) Supreme Court Cases – AP Government Federalism *Fletcher v. Peck (1810) *McCulloch v. Maryland (1819) *Gibbons v. Ogden (1824) National Labor Relations Board v. Jones & Laughlin Steel (1937) Wickard v. Filburn (1942) *Heart of Atlanta Motel v. US (1964) Katzenbach v. McClung (1964) South Dakota v. Dole (1987) *United States v. Lopez (1995) Printz v. United States (1997) United States v. Morrison (2000) Elections and the Media Smith v. Allwright (1944) *Buckley v. Valeo (1976) Bush v. Gore (2000) McConnell v. FEC (2003) Citizens United v. FEC (2010) Congress *Baker v. Carr (1962) Wesberry v. Sanders 1964 Shaw v. Reno (1993) US Term Limits, Inc. v. Thornton (1995) The Presidency *Clinton v. New York City (1998) *United States v. Nixon (1973) Immigration and Naturalization Service v. Chadha (1983) The Judiciary *Marbury v. Madison (1803) *Dred Scott v. Sanford (1857) Incorporation Barron v. Baltimore (1833) *Gitlow v. New York (1925) Near v. Minnesota (1931) Freedom of Religion: Establishment Clause *Everson v. Board of Education (1942) *Lemon v. Kurtzman (1971) Wallace v. Jaffree (1985) Westside Community Schools v. Mergens (1990) Santa Fe Independent School District v. Doe (2000) Ten Commandments cases: McCreary County, KY v. American Civil Liberties Union of Kentucky and Van Orden v. Perry (2005) Freedom of Religion: Free Exercise Clause Reynolds v. United States (1879) Sherbert v. Verner (1963) Employment Division, Department of Human Resources of Oregon v. Smith (1990) Church of the Lukumi Babalu Aye., v. City of Hialeah (1993) Freedom of Speech and Press *Schenck v. United States (1919) *Gitlow v. New York (1925) New York Times Co. v. Sullivan (1964) *Tinker v. Des Moines Independent Community School District (1969) New York Times Co. v. U.S. (1971) Miller v. California (1973) Bethel School District No. 403 v. Fraser (1986) Hazelwood School District v. Kuhlmeier (1988) Texas v. Johnson (1989) Freedom of Assembly and Petition *NAACP v. Alabama (1958) Boy Scouts of American v. Dale (2000) Due Process and the Rights of the Accused *Mapp v. Ohio (1961) *Gideon v. Wainwright (1963) *Miranda v. Arizona (1966) Furman v. Georgia (1972) Gregg v. Georgia (1976) New Jersey v. T.L.O (1985) Equal Protection of the Laws – Minorities *Dred Scott v. Sanford (1857) Civil Rights Cases (1883) *Plessy v. Ferguson (1896) *Korematsu v. United States (1944) *Brown v. Board of Education of Topeka (1954) *Regents of the University of California v. Bakke (1978) Lawrence v. Texas (2003) Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003) Equal Protection of the Laws – Women *Griswold v. Connecticut (1965) Reed v. Reed (1971) *Roe v. Wade (1973) Webster v. Reproductive Health Services (1989) Planned Parenthood v. Casey (1992) Gonzales v. Carhart (2007) * indicates you should know this case by name. It is sufficient to know them by their shorthand name such as Plessy or Bakke. For the other cases, knowing them by name would be ideal, but is not required. The important task is to understand the cases and their ramifications.
