MEENAN PRESENTS THE AP GOVERNMENT STUDY GUIDE TABLE OF CONTENTS Unit 1: Constitutional Underpinnings………………………...3 Constitution…………………………………………….………….…..….4 Federalism……………………………………………………...…….….17 Unit 2: Civil Liberties & Civil Rights………………...…........28 Civil Liberties………………………………………………………….....29 Civil Rights………………………………………………..………….…..37 Unit 3: Political Beliefs & Behavior…………………………..47 Public Opinion…………………………………………………….……...48 Political Participation…………………………………………………….53 Unit 4: Political Parties, Interest Groups, & Mass Media...60 Political Parties……………………………...………………………......61 Elections & Campaigns…………………………….……………..........70 Interest Groups…………………...………………………………..........80 Media……………………………………………………………….........85 Unit 5: Government Institutions……………………………...89 Congress………………………………………………………………....90 Presidency……………………………………………………………...103 Bureaucracy…………………………………………………………….115 Judiciary……………………………………………….………………..123 Unit 6: Public Policy…………………………………………..132 Domestic Policy………………………………………………...….…..133 Foreign & Military Policy…………………………………………..…..145 2 UNIT 1: CONSTITUTIONAL UNDERPINNINGS MAIN TOPICS THE CONSTITUTION FEDERALISM 3 THE CONSTITUTION 4 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION TYPES OF GOVERNMENT TYPE DESCRIPTION MONARCHY Power is vested in hereditary Kings and queens who govern in the interest of al . TOTALITARIANISM Power resides in a leader who rules according to self-­interest. The right to participate in government is conditioned on the OLIGARCHY possession of wealth, social status, military position, or achievement. DEMOCRACY The rule of the many. DIRECT DEMOCRACY Members of the society (polity) meet and make decisions with majority rule. REPRESENTATIVE Members of the society vote for representatives who make DEMOCRACY decisions on the behalf. (REPUBLIC/ INDIRECT DEMOCRACY) -­Government: is the institution through which policy is made and enforced. -­Public Policy: Anything the government decides to do. PHILOSOPHICAL ORIGINS OF AMERICAN GOVERNMENT PHILOSOPHER DESCRIPTION THOMAS HOBBES Humanity was natural y at war. We need government (Monarchy) necessary to restrain huanity’s beastial tendencies. Life without (1588-­1679) government was a “state of nature”. Natural law is the law of God. Under natural law people were born JOHN LOCKE free and equal. Law is acknowledged through human sense and reason. He also argued for rights (Life, Liberty, Property) and (1632-­1704) obligated people to rebel against kings that did not respect the right of the governed. (Social Contract Theory) JEAN-­JACQUES The social contract: it is the agreement of free and equal people to ROUSSEAU abandon certain natural rights in order to find freedom in a single (1712-­1778) body politic committed to the general good. MONTESQUIEU Argued for the separation of powers in the government. (1689-­1755) -­The philosopher most likely to be on the AP test is John Locke. His words greatly influenced Thomas Jefferson as he wrote the Declaration of Independence. 5 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION ROOTS OF A NEW NATION PHASE DESCRIPTION ● In the early 17th century, colonists came to the New World for economic opportunity and to escape religious persecution. ENGLISH ● Most colonists agreed the king ruled by divine right. The COLONIES monarch gave colonists much more freedom (such as self-­government, religious practices, economic organization) FORM than subjects at home (because they were across the ocean and there were no things like planes, phones, or internet). Things were ok for like 140 years. ● England increases taxes (sugar act, stamp act) and restricts settlement (proclamation of 1783). They increased taxes to pay for the Seven Years War (French and Indian War was a segment that ENGLAND took place in North America). They restricted settlements to ENHANCES THE prevent having to pay for future conflicts with Indian tribes and European rivals. CONTROL ON ● England and the colonies would go back and forth for years THE COLONIES regarding this new control. England would back down on (Starting in 1760’s) some things and crack down on others. King George III pushed for the Intolerable Acts (shutting down Boston Harbor until the tea was paid for from the Boston Tea Party) and reinforcing the Quartering Act (forced colonists to give food and shelter to redcoats). ● STAMP ACT CONGRESS: Representatives met in 1765 to draft a document listing how their rights were violated (They thought they deserved representation in parliament). ● SONS OF LIBERTY/ DAUGHTERS OF LIBERTY: Some boycotts were successful in English citizens applying pressure to parliament. ● COMMITTEES OF CORRESPONDENCE: Kept each other THE aware of developments with Britain (Do we real y appreciate cel phones?) COLONISTS’ ● FIRST CONTINENTAL CONGRESS: 56 delegates came FIRST STEPS together so they could iron out their differences with Britain. TOWARDS They drafted a Declaration of Rights and Resolves (which included the right to petition and assembly, trial by peers, freedom from a INDEPENDENCE standing army, and a selection of representative councils to levy taxes). ● BATTLES OF LEXINGTON & CONCORD: The redcoats are coming, the redcoats are coming…to get our weapons. This was in 1775 and was the start of the Revolutionary War. ● SECOND CONTINENTAL CONGRESS: Olive Branch Petition (last chance britain). It also put George Washington in charge of army (just in case they needed an army). ● DECLARATION OF INDEPENDENCE: bye-­bye british control 6 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION DECLARATION OF INDEPENDENCE SECTIONS DESCRIPTIONS FIRST PARAGRAPH God gives people the right to break away from a government. ● Al men are created equal. SECOND PARAGRAPH ● Life, liberty, and the pursuit of happiness. ● It is ok to abolish a government 27 PARAGRAPHS 27 reason they hate King George. LAST COUPLE PARAGRAPHS The United States of America declare that the colonies are free and independent states. -­Thomas Jefferson was the primary author along with the rest of the committee of five which includes Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman. SUMMARY OF AMERICA’S GOVERNMENTS GOVERNMENT YEARS DESCRIPTION Unofficial government. It handled the SECOND creation the declaration of CONTINENTAL 1775-­1781 independence, and the handling of the CONGRESS revolutionary war until an official government was created. This government came into effect with about 2 years left of the Revolutionary ARTICLES OF 1781-­1789 war. It was an official document written CONFEDERATION out much like today’s Constitution. It did not last because it was viewed as weak. Was written at the Constitutional THE 1789-­Today Convention in 1787. Is cal ed a living CONSTITUTION document (because it can be changed) so it has been around for over 200 years. -­Some books make a big deal that the Second Continental Congress was our truly first government because it raised an army (funded by donations by the states). Other books point out that the Articles of Confederation is the first government. So... know them both and be able to tel what they are looking for. If it is an FRQ I would write about how both have been viewed as the first government. 7 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION THE ARTICLES OF CONFEDERATION: GOVERNMENT SET-­UP MAIN TOPIC DESCRIPTION The nation was considered a “ SOVEREIGNTY firm league of friendship”. Each State had ultimate authority within its territory. PASSING LAWS It took 9 out of 13 states to agree to pass a law. AMENDMENTS To amend the articles took al 13 States in agreement. SELECTION/PAYMENT OF Each State could pay and send up to 7 representatives or DELEGATES delegates but they only had one vote per State. THE ARTICLES OF CONFEDERATION: STRENGTHS & WEAKNESSES PROS/CONS MAIN TOPIC DESCRIPTION MAKE PEACE Ended the Revolutionary War (Treaty of Paris). STRENGTHS POST OFFICE Got mail delivered (that was like the only form of communication) NEGOTIATE WITH Acted as one nation for foreign disputes INDIAN TRIBES National government could not tax and only TAX ISSUE asked for money. (States said “no” often) National government did coin money (not strong). So States would make their own money. States MONEY ISSUES also would make agreements with other nations (This is usual y viewed as a national power). There was no branch to enforce laws passed by NO EXECUTIVE Congress. WEAKNESSES NO JUDICIAL States would fight about borders. Who wins? State would ignore the Treaty of Paris by DID NOT RESPECT al owing citizens to postpone paying debts to NATIONAL DECISIONS Britain and not giving land back to loyal supporters of Britain. The national government tried to raise funds to pay for a militia to put down a rebel ion in SHAYS REBELLION Massachusetts but failed. A militia paid by private citizens stepped up. 8 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION CONSTITUTIONAL CONVENTION: FRAMERS’ CHARACTERISTICS GENERAL TOPIC DESCRIPTION PURPOSE OF They were supposed to revise the Articles of Confederation, but CONVENTION they just made up a new government instead. 12/13 STATES ATTENDED Rhode Island did not show up. George Washington was unanimously voted the presiding officer. PRESIDING OFFICER He was a beloved war hero. Everyone wanted him to become the nation’s president. Al of the framers (55 delegates) are cal ed the founding fathers. FATHER OF THE But James Madison is referred to as the Father of the Constitution. CONSTITUTION His buddy Thomas Jefferson, who was serving as ambassador in France, sent him a lot of European books on government. Benjamin Franklin: 81 years old with experience drafting the Declaration of Independence, the Articles of Confederation, and the OLDEST MEMBER Treaty of Paris. (Although the framers agreed not to talk about the document until it was finished they always kept people with Franklin because he was drinker with a big mouth) ● Most were in their 20’s or 30’s ● ¾ had served in the Continental Congress ● Several helped draft their state constitutions POLITICAL EXPERIENCE ● 8 Signed the Declaration of Independence & BACKGROUND OF THE ● 21 fought in the Revolutionary War DELEGATES ● 17 owned slaves (George Washington, George Mason, & John Rutledge) ● 31 went to col ege ● 34 Lawyers ● 7 Governors CONSTITUTIONAL CONVENTION: COMPROMISES (SHORT VERSION) COMPROMISE DESCRIPTION THE GREAT Bicameral (2-­house) Legislature: The House of COMPROMISE Representatives (directly elected) would be based on population. The Senate (chosen by state legislatures) would (Connecticut Plan) be equal for each state. THE 3/5’S 5 slaves would count as 3 people when determining the COMPROMISE population of a state for congressional representation. -­They also agreed that Congress could stop the importation of slaves for 20 years after the Constitution was ratified. Also to have an extradition clause that addressed how states would handle runaway slaves. Also agreed to having a single president. 9 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION CONSTITUTIONAL CONVENTION: COMPROMISES (DETAILED VERSION) ONE SIDE THE OTHER THE PROBLEM THE COMPROMISE WANTED WANTED New Jersey Plan: Strengthening the Articles, not Virginia Plan: replacing them. Powerful central THE GREAT COMPROMISE government with Creating a (CONNECTICUT PLAN): 3 branches. one-­house Bicameral Legislature: legislature with Two-­house (2 house legislature) one vote for each legislature with state and with 1) House of Representatives one house representatives had members based on elected directly population (also directly THE chosen by state by the people, elected by the people). REPRESENTATION legislatures. the other chose OF THE STATES 2) The Senate would have from persons Giving Congress IN CONGRESS members equal for each state. nominated by the the power to raise state revenue from Dividing power between the legislatures. duties and imports nation and state governments, and from postal national power would be A legislature with service fees. supreme. the power to select the Creating a 3 branches of government executive and Supreme Court judiciary. with members appointed for life by the executive officers. People in the People in the North were like South wanted to THE 3/5’S COMPROMISE: slaves can’t vote COUNTING count slaves as so they should not Five slaves would count as 3 SLAVES WHEN people when be used in people when determining DETERMINING determining how determining the population of a state for REPRESENTATION many seats their number of seats congressional representation. IN CONGRESS state got in the the state gets in (This gave the South 47% of the House of the House of House of Representatives) Representatives Representatives. -­They also agreed that Congress could stop the importation of slaves for 20 years after the Constitution was ratified. Also to have an extradition clause that addressed how states would handle runaway slaves. Also compromised on having a single president. 10 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION BASIC PRINCIPLES OF THE CONSTITUTION BASIC PRINCIPLE DESCRIPTION Power is separated between 3 branches: SEPARATION OF POWERS -­Legislative Branch: creates laws -­Executive Branch: enforce (executes) laws -­Judicial Branch: interprets laws CHECKS AND BALANCES Each branch can check the power of the other branches (Example: President can veto a bil passed by Congress) FEDERALISM The division of government between the national government and the state governments. POPULAR SOVEREIGNTY Authority comes from the people. LIMITED GOVERNMENT The government can only do some things. The constitution even tel s the government things it can not do. JUDICIAL REVIEW The Supreme Court can declare government acts unconstitutional (this is also an example of checks and balances). -­Al books stress the importance of the top three. The others only appear in some books. KNOW THE TOP THREE! -­Judicial Review is not written in the Constitution but the Supreme Court said it is in the structure in Marbury v Madison 1803. CHECKS & BALANCES (DETAILED EXAMPLES OF THIS PRINCIPLE) LEGISLATIVE EXECUTIVE BRANCH JUDICIAL BRANCH BRANCH CHECKS THE EXECUTIVE BY: -­impeaching president CHECKS THE LEGISLATIVE BY: CHECKS THE LEGISLATIVE BY: -­refusing to confirm nominees -­veto legislation -­rule federal laws are unconstitutional -­refusing to approve treaties -­cal congress into special session -­rule state laws are unconstitutional -­override presidential veto by a -­implement (or fail to) laws passed 2/3s vote of both houses by Congress CHECKS THE EXECUTIVE BY: -­declare executive actions are CHECKS THE JUDICIAL BY: CHECKS THE JUDICIAL BY: unconstitutional -­change number & jurisdiction of -­appoint federal judges -­chief justice presides over federal courts -­refuse to implement decisions impeachment trial -­impeach federal judges -­propose amendments Learn these now. There wil tons of questions on the AP test concerning checks and balances. Plus you have to know al this information for our unit that covers government institutions. 11 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION ARTICLES WITHIN THE CONSTITUTION ARTICLE MAIN TOPIC IMPORTANT ITEMS -­establishing justice -­insuring domestic tranquility PREAMBLE Purpose of Government -­providing for the common defense -­promoting the general welfare -­securing the blessings of liberty -­enumerated powers ARTICLE I The Legislative Branch -­necessary and proper clause (implied powers) ARTICLE II The Executive Branch -­presidential qualifications -­presidential roles (jobs) -­created the Supreme Court ARTICLE III The Judicial Branch -­empowered Congress to create inferior courts -­ful faith and credit clause ARTICLE IV Relations among States -­extradition -­privileges & immunities clause ARTICLE V Amendment Process -­two ways to propose -­two ways to ratify -­supremacy clause (national supremacy) ARTICLE VI National Supremacy -­although states do have power (reserved powers) ARTICLE VII Ratification Process Nine (out of 13) state conventions approving Constitution needed -­The AP test expects you to know which Article you can find specific items. 12 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION RIGHTS FOUND IN THE ORIGINAL CONSTITUTION MAIN TOPIC DESCRIPTION NO SUSPENDING Habeas Corpus is when a person under arrest is brought HABEAS CORPUS before a judge (chance to show unlawful detention). The Constitution says it can only be suspended during wartime. NO EX POST A law that gives a consequences for actions already FACTO LAWS committed. NO BILL OF A law that declares a person or group guilty and gives ATTAINDERS them consequences (no trial or anything). NO RELIGIOUS There is no religious qualification in order to run for office. QUALIFICATIONS ENTITLEMENT OF PRIVILEGES & States cannot discriminate against people from other states. IMMUNITIES RIGHT TO JURY For federal crimes, people have the right to a jury trial. TRIAL -­People were upset that there was not original y a bil of rights, but the rights listed above were stated throughout the original constitution. METHODS FOR AMENDING THE CONSTITUTION PROPOSE/ RATIFY WAY DESCRIPTION ⅔ Vote of both houses of It has been used for 27 Congress. amendments. PROPOSE ⅔ Vote of national convention on request of It has never been used. ⅔ of state legislatures. Passage by ¾ of state It has been used 26 times. legislatures. RATIFY Passage by ¾ of of special It has been used 1 time. state conventions. -­Note that this amendment process reflects federalism (national government and state government both have power. -­The only amendment ratified by special state conventions was the 21st amendment which repealed prohibition. 13 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION RATIFICATION OF THE CONSTITUTION: WHEN IS IT IN EFFECT MAIN TOPIC DESCRIPTION ACCORDING TO THE Article VII stated that the Constitution would be the Supreme Law of the Land when 9 states ratified it at CONSTITUTIONAL State Conventions. CONVENTION ACCORDING TO The articles stated that al 13 states had to approve THE ARTICLES OF changes to the government. Some scholars argue that the Constitution was an il egal document until al States CONFEDERATION agreed to ratify it in 1790. RATIFICATION OF THE CONSTITUTION: BY THE NUMBERS STATE DATE FOR AGAINST Delaware December 1787 30 0 Pennsylvania December 1787 46 23 New Jersey December 1787 38 0 Georgia January 1788 26 0 Connecticut January 1788 128 40 Massachusetts February 1788 187 168 Maryland April 1788 63 11 South Carolina May 1788 149 73 New Hampshire June 1788 57 47 Virginia June 1788 89 79 New York July 1788 30 27 North Carolina November 1789 194 77 Rhode Island May 1790 34 32 -­Nine State did ratify the constitution but was it enough? New York and Virginia had yet to ratify and they homed 40% of the nation. -­Two groups or parties formed: The federalists (supporters) debated the anti­federalists (opponents). -­Rhode Island ratified the Constitution one year after George Washington became the first president of the United States. -­The last states only ratified when the federalists promised to add a bil of rights (federalist papers also influenced some). 14 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION FEDERALISTS VERSUS ANTI-­FEDERALISTS OPINION ON THE GROUP RATIFICATION OF KEY MEMBERS THE CONSTITUTION They supported it because -­James Madison FEDERALISTS they saw a need for a strong -­Alexander Hamilton central government. -­John Jay They opposed it because they thought the ANTI-­FEDERALISTS -­Patrick Henry government would be too -­George Mason strong and the people would not have enough power. -­The federalists wil end up winning the ratification battle. But the Anti-­federalists were a key component in the new government amending the constitution to include the bil of rights. -­These two groups wil evolve into our nation’s first political parties which would disagree about how much power the national government should posses. THE FEDERALIST PAPERS ESSAY DESCRIPTION SUMMARY Factions (interested groups in the government) would be Factions are FEDERALIST #10 limited in this new government because it is a limited in a republic (representative democracy) and not a direct republic. democracy. “Tyranny of the majority” is control ed due to: -­Separation of Powers (3 separate branches) Tyranny wil be FEDERALIST #51 -­Checks and Balances (presidential veto, judges for life) stopped because -­Bicameral legislature (House and Senate) power is divided. -­Federalism (Division of National and State Governments) -­The federalist papers (a col ection of 85 essays written by James Madison, Alexander Hamilton, and John Jay) is always on the test. You must know what these two essays are about!!! -­These papers convinced many people to favor the new constitution being ratified. 15 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS THE CONSTITUTION BILL OF RIGHTS AMENDMENT DESCRIPTION -­Freedom of Speech -­Freedom of Religion AMENDMENT I -­Freedom of press -­Freedom to Assembly -­Freedom to protest (or petition) AMENDMENT II -­Right to bear arms AMENDMENT III -­No quartering of troops AMENDMENT IV -­No unreasonable searches or seizures -­Indictment AMENDMENT V -­Double jeopardy -­Protection against self incrimination -­Due process (from national government) -­Speedy public trial with jury of peers AMENDMENT VI -­Cross examination -­Right to defense counsel AMENDMENT VII -­Lawsuits and juries AMENDMENT VIII -­No cruel and unusual punishments -­No excessive fines AMENDMENT IX -­Listing rights here doesn’t deny others AMENDMENT X -­Delegated and reserved powers Anti-­federalists only agreed to ratify the new constitution with the promise that this new government would add a bil of rights to protect citizens liberty. 16 FEDERALISM 17 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM SYSTEMS OF GOVERNMENT SYSTEM DESCRIPTION EXAMPLES -­United Kingdom Local and regional UNITARY -­France governments derive authority -­Italy from the national government. -­Japan -­Power is shared between the national government and the -­United States State governments. (under Constitution) FEDERAL -­Canada -­Australia -­National government and -­Germany states derives authority from the people. The national government CONFEDERATION derives authority from states. -­United States (under Articles of Confederation) (“League of friendship” comes -­Southern United States (during civil war) together primarily for foreign issues) -­Alternative definitions of federalism: The division between a central government and regional governments. Basical y central and national are the exact same things. Also regional and state governments are the exact same things. -­Federal almost always means the division of national and state. But in society (and occasional y on test) Federal Government is often a term for the national government. Be careful about that. POWERS IN A FEDERAL SYSTEM POWER DESCRIPTION Specific powers granted to Congress under Article I, ENUMERATED section 8, of the Constitution;; these powers include taxation, coinage of money, and authority to provide for a national defense. CONCURRENT Authority possessed by both state and national governments that may be exercised concurrently. RESERVED Powers reserved to that states by the 10th amendment that lie at the state’s right to legislate for the public (AKA: Police Powers) health and welfare of its citizens. Most scholars agree that the 10th amendment has not been that far reaching. The supremacy clause has had more of an impact in terms of national & state tensions. But the test wants you to know both. 18 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM FEDERALISM IN THE UNITED STATES TYPE OF POWER HOLDER EXAMPLE OF POWERS POWERS -­coin money NATIONAL -­regulate interstate & foreign trade NATIONAL -­raise & maintain armed forces GOVERNMENT (ENUMERATED) -­declare war POWERS -­govern US territories & admit states -­conduct foreign relations BOTH -­levy & col ect taxes -­borrow money NATIONAL CONCURRENT -­establish courts & -­define crimes & set punishments POWERS STATE -­claim private property for public use GOVERNMENTS -­make and enforce laws -­charter banks and corporations -­regulate trade and business within the State -­establish public schools -­pass license requirements for professionals -­regulate alcoholic beverages STATE STATE -­conduct elections (RESERVED) -­establish local governments GOVERNMENT POWERS -­ratify amendments to the Constitution -­take measures for public health, safety, and morals -­exert powers the Constitution does not delegate to the national government or prohibit the states from using -­Now people have disagreed about what some of these powers actual y mean. For FRS’s on the AP test, just don’t pick controversial issues unless prompted to do so. Keep it simple and get the points. -­The National Government powers are broken into 3 categories:: 1) Delegated or Expressed Powers: Powers that are written in Constitution . 2) Implied Powers: Powers that are “reasonably inferred” as stated in the Elastic Clause (AKA: Necessary and Proper Clause) 3) Inherent Powers: Powers do not rely on specific clauses (usual y involved in foreign affairs and grow out of the very existence of a government. 19 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM CONSTITUTIONAL INTERPRETATIONS WOULD BELIEF ON LATER HOW FORM GROUP CONSTITUTION LEADERS WHICH SHOULD BE POLITICAL INTERPRETED PARTY LOOSE Federalists Loose or broadly Hamilton & Adams CONSTITUTIONALISTS STRICT Democratic Jefferson & later Literal y or strictly CONSTITUTIONALISTS Republicans Madison -­George Washington who would warn against political factions as he exited his presidency usual y agreed with the federalist. CONSTITUTIONAL PROVISION THAT GUIDE FEDERALISM MAIN IDEA PROVISION DESCRIPTION NATIONAL POWERS Enumerate powers of Congress, including Article I, Section 8 the “necessary and proper clause” ALLOWED NATIONAL No regulating slave trade before 1808, Article I, Section 9 POWERS DENIED states to be treated uniformly STATE POWERS Article I, Section 10 Treaties and impairing contracts DENIED STATES MUST Ful Faith and Credit Clause;; privileges Article IV HELP STATE and immunities;; extradition SUPREMACY Article VI Supremacy of the national government CLAUSE MORE LIBERTY People have more rights than listed in the 9th Amendment Constitution STATES’ RIGHTS Powers not delegated to the federal 10th Amendment government are reserved by the states 20 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM GOV ACTION ON FEDERALISM: BEGINNING-­RECONSTRUCTION HISTORICAL TYPE OF FIGURE ITEM DESCRIPTION FEDERALISM INVOLVED Jefferson thought the alien and sedition act Thomas Kentucky & violated liberty. The resolutions declared Jefferson Virginia the states’ right to nul ification (declare nul against John and void) any federal law if a state thought Resolutions Adams the law violated the Constitution. (This has never been found constitutional) Supreme Court ruled that Congress could FEDERALISM McCul och v. create a national bank because of the (WHAT DOES IT Necessary and Proper Clause gives Maryland (1819) LOOK LIKE?) them implied powers so they can carry Justice out expressed powers. John Marshal Congress and New York were both Gibbons v. licensing ships to use the Hudson River. The Supreme Court ruled that Congress Ogden (1824) had the power to regulate commerce and commercial activity. Dred Scott v. Missouri Compromise was unconstitutional because Congress lacked authority to ban Sanford (1857) slavery in territories. DUAL Justice Even after the Civil War amendments FEDERALISM: Roger B. Taney Plessy v. (13-­15) gave more rights to African Belief it is best to Americans The Supreme Court ruled Ferguson (1896) have separate separate but equal was constitutional. (and up to the states to deal with) and equal y powerful national After Supreme Court stuck down the and state Republican 16th Amendment incomes tax act of 1894, Congress governments (anti-­slavery) (1913) proposed the 16th amendment al owing (AKA: Layer Cake) Congress income taxes. resisted against Took power away from State legislatures State powers 17th Amendment by now having citizens from each state (1913) vote for their senators. -­You can see before, throughout and after the Civil War. Congress was anti-­slavery. The Supreme Court was more pro slavery. There was a conflict for power. We also had a states rights versus national government conflict. Many levels of government are hard to get under control by the same faction or political party or group. -­Selective Exclusiveness: a doctrine asserting that when the commodity requires a national uniform rule, only Congress may regulate. 21 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM GOV ACTION ON FEDERALISM: NEW DEAL-­GEORGE W. BUSH HISTORICAL TYPE OF FIGURE ITEM DESCRIPTION FEDERALISM INVOLVED Grants-­in-­aid programs to often defined federal/state relationships and made the national government a major player in COOPERATIVE Franklin D. New Deal domestic policy. Categorical Grant: FEDERALISM Roosevelt (FDR) Congress appropriates funds for specific Intertwined purposes (often States must match some relationship of the money). among national, Southern States were blamed for state, and local perpetuating discrimination. So national governments Lyndon B. Great Society & funds were held unless states would act (AKA: Marble Cake) like the national government wanted. The Johnson (LBJ) War on Poverty spending in 1960’s on urban renewal, education, and poverty programs had not been seen since the New Deal. Reagan cut taxes which altered the relationship between the federal and state Ronald Reagan Reagan governments. There was a consolidation of may categorical grants into fewer block George Bush Revolution grants. Block grants: broad grants to states for specific activities with few strings NEW attached. FEDERALISM Returning -­Unfunded Mandates Reform Act: prevented congress for passing costly administrative mandates without a debate on how to fund powers to the them and address concerns for state state governments Ronald Reagan Devolution governments. (They were taking 30% of state Bil Clinton budgets) Revolution Newt Gingrich -­Block grants for welfare (replaced AFDC Aid to Families with Dependent Children with TANF Temporary Assistance for Needy Families) that gave more control to local government. -­Preemption: concept that it is ok for National government to override state or No Child Left local action because of Supremacy FEDERALISM Behind Clause. (Usual y democrats do this but under Bush George W. Bush this time it was a republican) & his overal Administration -­Bush could not fol ow through on program campaign promises because of tax cuts, debt, wars in Iraq & Afghanistan, terrorist attacks, and Hurricanes Katrina and Rita. 22 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM MAJOR EVENTS IN FEDERALISM (SHORT VERSION) TIME PERIOD GENERAL TREND OF POWER ERA OF FEDERALISM 1789-­ CIVIL WAR National government establishes power. DUAL FEDERALISM CIVIL WAR National government gains power. DUAL FEDERALISM AMENDMENTS POST State governments gain power. DUAL FEDERALISM RECONSTRUCTION COOPERATIVE NEW DEAL National government gains power. FEDERALISM COOPERATIVE CIVIL RIGHTS National government gains power. FEDERALISM DEVOLUTION ERA State governments gain power. NEW FEDERALISM RELATIONS AMONG THE STATES REQUIREMENT OF CONSTITUTIONAL DESCRIPTION STATES ARTICLE Judicial decrees and contracts made in FULL FAITH AND one state wil be binding and enforceable CREDIT CLAUSE ARTICLE IV in another. (Sorry deadbeat dads, you can’t just move and expect to keep your $$) PRIVILEGES & Citizens of each state are afforded the IMMUNITIES ARTICLE IV same rights as citizens of al other states. CLAUSE States cannot give their residents priority. (except col ege tuition rates, urg) EXTRADITION ARTICLE IV States must extradite or return criminals. CLAUSE (convicted or those who are to stand trial) INTERSTATE ARTICLE I Contracts between states that carry the COMPACTS Section 10, Clause 3 force of law. (Driver license compact) -­The Constitution also says that any disputes between two states wil go directly to the Supreme Court (original jurisdiction). -­The Constitution gives the State complete power when creating local governments within the state's’ borders. 23 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM STATE GOVERNMENTS ITEM DESCRIPTION STATE CONSTITUTIONS The state constitutions were written before the Constitutional Convention in 1787. State constitutions are easier to amend. -­They are the elected chief executive. Like President of the State budget powers, signing legislation, and appointing officials. -­LINE ITEM VETO: Veto a portion of a spending bil (signs rest) -­CLEMENCY POWERS FOR BREAKING STATE LAW: GOVERNORS Pardon: Forgive someone entirely for a crime. Commute: Reducing the length of a prison sentence Reprieve: Postpone a prison sentence. Parole: Release a prisoner before sentence is complete with conditions that must be met as part of the release. STATE LEGISLATURES Initial y established as the most powerful. One-­person, one-­vote ruling of Supreme Court has them accurately representing citizens. Separate court system to handle state law. Inclusion: state courts STATE COURTS are obligated to enforce federal law. Some judge are appointed but many are elected. ELECTIONS & Nonpartisan elections: State/local officials often downplay al party POLITICAL PARTIES ties. Diverse candidates have had more success in recent years. DIRECT INITIATIVE: People sign a petition and the measure goes on the bal ot for residents to determine if it wil become State law. INDIRECT INITIATIVE: People sign a petition, State legislatures has a chance to pass it, or the measure goes on the bal ot for residents to determine if it wil become State law. MANDATORY REFERENDUM: Due to State Constitution or law the State Legislature must put certain measures on the bal ot for residents to determine if it wil become State law. DIRECT DEMOCRACY OPTIONAL REFERENDUM: State Legislatures can decide to put a measure on the bal ot for the residents to determine if it wil become State law. POPULAR (DIRECT) REFERENDUM: Voters can sign a petition to take the deciding power on a measure away from the State legislature and put it on the bal ot. RECALL ELECTION: Voters can petition for an election to remove an office holder before the next scheduled election. State Constitutions grant certain types of powers for each state. So not al states have al the same form of local governments and direct democracies. Only 23 States have direct democracies. Only 18 states have recal elections. You real y have to look it up per State. 24 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM LOCAL GOVERNMENTS ITEM DESCRIPTION DILLON’S RULE A court ruling that stated local governments do not have any inherent sovereignty. Thus, states can create, regulate, and destroy local governments. A document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality. CHARTERS Cities, towns, and vil age need charters because they emerge as people locate in a particular place (unlike counties and school districts which are arbitrarily made by the state). There are 87,000 local governments in the United States that fal within four main categories: -­Counties: (also cal ed parishes and boroughs) They have very broad responsibilities, created by the State for welfare & environmental programs, courts, registration of land, births, and deaths. TYPES OF LOCAL -­Towns: Everyone in community is invited to an annual meeting to elect GOVERNMENTS officers, adopt ordinances, and pass a budget. -­Municipalities: Vil ages, towns, and cities are established municipalities and authorized by the State as people congregate and form communities. -­Special Districts: are the most numerous. They are created particular policy or service area. School districts is the most common form of special district. Others include library service, sewage, water, and parks. Town meeting: form of local government in which al eligible voters are invited to attend a meeting at which budgets and ordinances are proposed and voted on. -­Mayor: An elected chief executive of a city. -­City council: The legislature in a city government. -­Manager: A professional executive hired by a city council or county board to manage daily operations and th recommend policy changes. EXECUTIVES & -­District-­based election: Election in which candidates run for an office that represents only the voters of a specific district within the jurisdiction. LEGISLATURES -­at-­large election: Election in which candidates for office must compete throughout the jurisdiction as a whole. -­commission: Form of local government in which several officials are elected to top positions that have both legislative and executive responsibilities. -­public corporation (authority): Government organization established to provide a particular service or run a particular facility that is independent of other city or state agencies and is to be operated like a business. 25 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM STATE BUDGET SEGMENT OF % OF DESCRIPTION BUDGET BUDGET SALES TAX 23% Regressive: tax not based on earnings. FEDERAL AID 20% Grant money from the national government. INCOME TAX 19% Progressive Tax: tax based on earnings. INSURANCE TRUST 17% Retirement funds for employees (current/old). USER FEES 14% Example: licenses for hunting & fishing. OTHER 3% N/A PROPERTY TAX 1% Varies based on the value of the home. This data came from census bureau and is an average for the year 2006. LOCAL BUDGET SEGMENT OF % OF DESCRIPTION BUDGET BUDGET STATE AID 31% Money given from the State government. PROPERTY TAX 26% Varies based on the value of the home. USER FEES 21% Example: licenses for hunting & fishing. OTHER 8% N/A SALES TAX 6% Regressive: tax not based on earnings. INSURANCE TRUST 3% Retirement funds for employees (current/old). FEDERAL AID 3% Grant money from the national government. INCOME TAX 2% Progressive Tax: tax based on earnings. This data came from census bureau and is an average for the year 2006. 26 AP AMERICAN GOVERNMENT STUDY GUIDE CONSTITUTIONAL UNDERPINNINGS FEDERALISM GRANTS-­IN-­AID PROGRAMS ITEM DESCRIPTION EFFECT ON FEDERALISM Federal grants for This type of grant forces states to CATEGORICAL specific purposes. spend at least a portion of their budget GRANT (There are strings attached on issues determined by the national that usual y include the state government. If they do not match matching funds) funds they lose on that free money. This type of grant gives the state more BLOCK GRANT Broad grants for general freedom in spending money as they purposes. see fit. This forces states to spend money on Terms set by the national desires regardless of their MANDATE national government that personal preferences. states must whether or (AKA: UNFUNDED MANDATE) (Example: If the federal law forces states to pay not they accept federal for wheelchair access in public buildings. That grants. states have no choice. They have to spend the money on this issue) -­Grant-­in-­aid programs refer to money that the national government gives to the states in the forms of grants. -­Conditions of aid: terms set by the national government that states must meet if they are to receive certain federal funds. -­States prefer block grants because it gives them more freedom. 27 UNIT 2: CIVIL LIBERTIES & CIVIL RIGHTS MAIN TOPICS CIVIL LIBERTIES CIVIL RIGHTS 28 CIVIL LIBERTIES 29 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES LIBERTIES VERSUS RIGHTS ITEM DESCRIPTION CIVIL Personal guarantees and freedoms that the federal government LIBERTIES cannot abridge, either by law or judicial interpretation. CIVIL Freedom from a host of discriminatory actions and lace the burden RIGHTS of protecting individuals on the government. Civil Liberties issues often fal to the judiciary, who must balance the competing interests of the government and the people. OUTLINE OF THE BILL OF RIGHTS (FIRST 10 AMENDMENTS) AMENDMENT DESCRIPTION 1-­8 Amendments Specific freedoms (we wil cover soon) “The enumeration in the Constitution, of certain rights, shal 9th Amendment not be construed to deny or disparage others retained by the people” 10th Amendment Powers not delegated to the national government are reserved to the states or to the people. -­The Bil of Rights were added to the Constitution to please the anti-­federalists so they would agree to ratify the Constitution.. The anti-­federalists feared the strong central government would not protect individual liberty. (Should be cal ed Bil of Liberties) -­The Bil of Rights original y protected citizens from the National Government (NOT State governments). (On AP test every time) DUE PROCESS ITEM DESCRIPTION 5th Amendment Ratified in 1791, provides that the NATIONAL GOVERNMENT (Due Process Clause) cannot arbitrarily deny life, liberty, or property. 14th Amendment Ratified in 1868, provides that STATE GOVERNMENTS cannot (Due Process Clause) arbitrarily deny life, liberty, or property. Procedural The methods of the government must be fair and just. Due Process Substantive The policy of the government must be fair and just. Due Process 14th Amendment’s Due Process clause al ows for Courts to protect liberty from state governments (thru selective incorporation). 30 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES SELECTIVE INCORPORATION TERMS TERM DESCRIPTION INCORPORATION An interpretation of the Constitution that holds that the due process clause of the DOCTRINE 14th Amendment requires state and local government also guarantee those rights. SELECTIVE A judicial doctrine whereby most of the protections in the Bil of Rights are made INCORPORATION applicable to the states due the Fourteenth Amendment’s Due Process Clause. (Process of Incorporation) Fundamental Freedoms: Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny. SELECTIVE INCORPORATION CASES AMENDMENT LIBERTY DATE CASE INCORPORATED Speech 1925 Gitlow v. New York Press 1931 Near v. Minnesota I Assembly 1937 DeJonge v. Oregon Religion 1940 Cantwel v. Connecticut II Bear Arms 2008 D.C. v. Hel er III No quartering of soldiers -­ NOT INCORPORATED No unreasonable searches or seizures 1949 Wolf v. Colorado IV Exclusionary Rule 1961 Mapp v. Ohio Just compensation 1897 Chicago, B&Q RR Co. V. Chicago Self-­incrimination 1964 Mal oy v. Hogan V Double jeopardy 1969 Benton v. Maryland (overturned by Palko v. Connecticut) Grand jury indictment -­ NOT INCORPORATED Public trial 1963 Gideon v. Wainwright Right to counsel 1968 Duncan v. Louisiana Confrontation of witnesses 1967 Klopfer v. North Carolina VI Impartial trial 1965 Pointer v. Texas Speedy trial 1948 In re Oliver Compulsory trial 1967 Washington v. Texas Criminal trial 1966 Parker v. Gladden VII Civil jury trial -­ NOT INCORPORATED No cruel and unusual punishment 1962 Robinson v. California VIII No excessive fines or bail -­ NOT INCORPORATED 31 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES THE FIRST AMENDMENT: RELIGION EXAMPLES OF IMPORTANT ITEM DESCRIPTION LIMITATIONS -­Christianity is sometimes found (money) ESTABLISHMENT It prohibits the government from -­Lemon Test determines if a policy is constitutional. establishing a national religion. -­Funding to religious schools is often seen as ok it al CLAUSE (Wal of Separation) schools get the money for nondenominational purposes. FREE EXERCISE It prohibits the U.S from interfering -­It is ok to sacrifice animals but not people. with a citizen’s right to practice his -­Poisonous snakes have been denied in ceremonies CLAUSE or her religion. -­Islamic services have been banned in some prisons. THE FIRST AMENDMENT: SPEECH & PRESS PROTECTED/ DESCRIPTIONS/ EXAMPLES/ SEGMENT UNPROTECTED LIMITATIONS Al owed only in matters of national security. The court general y denies PRIOR RESTRAINT al owing the government to prohibit speech and publication from being expressed. PROTECTED SYMBOLIC -­Symbols, signs, and other methods of speech. SPEECH & SPEECH -­ Like Wearing an armband to protest a war or burning the U.S. flag. PUBLICATIONS -­The KKK could legal y meet and discuss their feelings on the importance of ending al immigration. But they cannot discuss plans to HATE SPEECH go around murdering people. -­Some universities have created free speech zone (certain places at certain times). Supreme Court has yet to rule on that one. LIBEL A false written statement that defames the character of a person. (Much harder for to prove “actual malice”for public figures) SLANDER Untrue spoken words that defame the character of a person. FIGHTING WORDS Speech is not protected that inflicts injury or incites an immediate breach of peace. UNPROTECTED SPEECH & COMMERCIAL False advertising is not protected. PUBLICATIONS SPEECH No national standard defines what it is but it isn’t protected. The Court OBSCENITY often lets a local judge or jury define obscenity by applying local community standards. The Court checks for obscenity by the Miller Test. CLEAR AND -­You cannot yel fire in a movie theater if there isn’t one. (People get trampled to death. Government must balance freedom of expression and PRESENT DANGER the need to protect a free society by Clear and present danger test) Students stil do not shed their rights at the schoolhouse gates, but neither are they entitled to lewd or offensive speech. Court protects some students speech but denies other. If there is a political message it is usual y ok. If you are disrupting class to be funny...then no. 32 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES THE FIRST AMENDMENT: ASSEMBLY & PETITION ITEM DESCRIPTION THE SUPREME To become the arbiter between the freedom of the COURT’S JOB people to express dissent and government's authority to limit controversy in the name of national security. If the words or actions taken at any even cross the line MAIN ISSUE of constitutionality, the people there may be subject to governmental regulation and even criminal arrest, incarceration, or civil fines. -­The freedoms of assembly and petition are related directly to the freedoms of speech and of the press. -­The five freedoms of the first amendment (religion, speech, press, assembly, and petition) are seen as mandatory to live in a free society and to have a true democracy in which the people are choosing leaders to represent them based on which ideas they agree with the most. THE SECOND AMENDMENT ITEM DESCRIPTION WORDING OF THE "A wel regulated Militia, being necessary to the 2ND AMENDMENT security of a free State, the right of the people to keep and bear Arms, shal not be infringed." NATIONAL FIREARMS This was passed as a response to the organized crime ACT OF 1934 that developed during Prohibition. In 1939, The Court decided the 2nd amendment was U.S. v Miller intended to protect a citizen’s right to own ordinary militia weapons and not sawed-­off shotguns. This imposed a federal mandatory five-­day waiting BRADY BILL period on the purchase of handguns. (Her husband was left disabled after he was shot on an attempt to assassinate Ronald Reagan) BAN ON ASSAULT Bil Clinton signed in 1994. It outlawed assault WEAPONS weapons purchases for 10 years. In 2008 (nearly 70 years after Mil er), the Court ruled that the D.C. v. Heller Second Amendment protects individual’s right to own a firearm for personal use. The gun control argument is far from over. It appears that the Supreme Court al ows some gun control to exist but not al . Feel free to go to col ege and write thesis papers over this controversial topic. 33 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES RIGHTS OF CRIMINAL DEFENDANTS: IN ARTICLE I OF CONSTITUTION ITEM DESCRIPTION WRITS OF Court orders in which a judge requires authorities to prove that a prisoner is being held lawful y and that al ows the prisoner to be freed if the judge HABEAS CORPUS is not persuaded by the government’s case. EX POST FACTO LAW Laws that apply to actions committed before the laws were passed. BILL OF ATTAINDER Legislative acts that inflict punishment on individuals without judicial action. RIGHTS OF CRIMINAL DEFENDANTS: THE DUE PROCESS AMENDMENTS AMENDMENT RIGHT/ LIBERTY DESCRIPTION -­Warrants wil be used to search 1)the person arrested;; 2)things in plain view of the accused person;; and 3)places or things that the arrested person could touch or reach or are otherwise in the arrestee’s immediate control. (Warrant says what wil be searched and what Search and Seizure they are searching for) 4TH AMENDMENT -­Cops do not need a warrant if they have probable cause (like if they see you breaking the law) -­Private companies and schools have an easier time forcing mandatory drug testing. Exclusionary Rule It bars the use of il egal y seized evidence at trial (Both 4th and 5th amendments protects people from this) A person has the right not to incriminate him/herself. Self Incrimination Examples: pleading the 5th (refusing to answer) or 5TH AMENDMENT criminals being read their miranda rights. Double Jeopardy It protects individuals from being tried twice for the same crime in the same jurisdiction. Right to Counsel Attorneys are provided to the poor in al federal criminal cases. 6TH AMENDMENT -­A person accused of a crime shal enjoy the right to a Jury Trials speedy & public trial by an impartial jury. -­Also the right to confront a witness. -­The U.S is the only western nation to have the death 8TH AMENDMENT Cruel & Unusual penalty legal in 34 states. (Must not be unusual) Punishment -­We can’t torture inmates (like stretching out limbs). Procedural Due Process: in that we want to make sure the government fol ows fair procedures when taking away life, liberty or property. 34 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES THE RIGHT TO PRIVACY ISSUE DETAILS AND COURT DECISIONS In 1965, the Supreme Court ruled in Griswold v. Connecticut, that there are “penumbras” or unstated liberties on the fringes or in BIRTH CONTROL the shadow of more explicitly stated rights (1st, 3rd, 4th, 9th, and 14th amendments). Connecticut was the last state banning the sale of contraceptives (since 1879). -­In 1973, the Supreme Court decided in Roe v. Wade, that the decision to carry a pregnancy to term was a woman’s fundamental right: 1st Trimester: A woman can get an abortion with no regulation from the state. ABORTION 2nd Trimester: States can only regulate abortions to protect the health of the mother. 3rd Trimester: Abortions only al owed to save life or health of the mother. -­Abortion was one vote from being overturned in 1989. -­In 2007, the Supreme Court ruled in Gonzales v. Carhart the Partial Birth Abortion Ban Act was constitutional. -­In 2003, Lawrence v. Texas ruled that a Texas law that criminalized private sexual behavior (anti-­sodomy laws). -­Some states start al owing domestic partnerships in the 1990’s. HOMOSEXUALITY -­This was the first time the Supreme Court ruled homosexualtiy was a fundamental privacy right. -­In 2015, The Supreme Court ruled in Obergefel v. Hodges, that States could not ban same sex marriage. -­In 1997, the Court ruled that terminal y il persons do not have a constitutional right to physician assisted suicide. -­In 2006, the Supreme Court decided in Gonzales v. Oregon, that THE RIGHT TO DIE the State of Oregon can have a law al owing physician assisted suicide. -­In 2008, voters in Washington approved an initiative al owing physician assisted suicide in their state. -­Substantive Due Process: The substance (or essence) of the law should not violate some basic right. If it does it can be found unconstitutional by the Supreme Court (Some texts cite that this is even if the right is NOT directly stated in the Constitution). -­The Right to Privacy is not a term found in the Constitution. The founders intended to have some areas of life to be off limits to government. Of course the founders had no idea what issues would be dividing our nation in the year two thousand whatever. 35 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL LIBERTIES CIVIL LIBERTIES AND NATIONAL SECURITY ITEM DESCRIPTION Federalists party made the publication of any false scandalous writing against the THE ALIEN AND government a criminal offense. Ten democratic-­republican newspapers were imposed fines and jail terms, but Jefferson pardoned them when he became SEDITION ACTS president. Congress let the Act expire so the Supreme Court never weighed in on if this broke the 1st amendment. -­Northern and Southern states both made it il egal to publish items that did not CIVIL WAR ACTIONS reflect their belief in slavery. Southern postmasters refused to deliver northern abolitionist newspapers. -­Lincoln suspended the free press (unconstitutional) -­Over 30 States had passed laws to punish sedition speech (they were after ANTI­GOVERNMENT socialists and communists. DURING WWI -­Espionage Act (1917) passed the U.S. Congress to target nearly 2,000 people who were urging the resistance of the draft or distributing anti-­war materials. INTERNMENT During World War II, the government relocated and incarcerated over 100,000 Japanese Americans to internment camps. The Supreme Court found this action CAMPS constitutional. Congress did say sorry in the 1990’s. During the Red Scare there were acts (like the Alien Registration Act) passed that COLD WAR made it il egal to overthrow the government. They were used to silence communists, socialists, and pacifists. Joseph McCarthy would accuse people of being communists sympathizers with no proof. -­United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT). This law covers intel igence gathering and sharing by executive agencies. It widened authority on USA PATRIOT ACT tapping suspects’ phones. This act al owed the government to detain il egal immigrants for longer periods, and monitor email communications. -­This controversial bil has been recently altered by new legislation. Some say it weakened national security. Others say it did not protect liberty enough. Goldilocks thinks it is just right. -­There is a U.S. military detention camp in Guantanamo Bay, Cuba which exists to hold terror suspects. Administration officials believe that it is located outside the United States so this loosens constitutional restrictions. -­In Rasul v. Bush (2004), the Court ruled that they can not suspend habeas GUANTANAMO BAY corpus in there. -­In Hamdi v Rumsfeld (2004), the United State cannot detain a U.S. citizen without a minimal hearing to determine the suspect’s charge. -­In Hamdan v. Rumsfeld (2006), the United States must fol ow the Geneva Convention and cannot rely strictly on military commissions in prosecuting terror suspects. -­You can see that during times of war the Court typical y sided with government restrictions on liberties that protect national security. -­You can also see that deciding between liberty and national security is a very divisive issue of which it appears America is constantly struggling to find the right balance. 36 CIVIL RIGHTS 37 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS SLAVERY, CIVIL WAR, & CITIZENSHIP ITEM DESCRIPTION MISSOURI COMPROMISE This prohibited slavery north of 36 degrees latitude. It also (1820) brought in Maine (free state) and Missouri (slave state) to the United States. The Supreme Court declared it was unconstitutional when Dred Scott v. Sandford the Missouri Compromise prohibited slavery in the North. (1857) It also decided that slaves were not citizens and could not bring suits in federal courts. Slavery was a key issue for the civil war. Northern CIVIL WAR Republicans did not want slavery in the nation. North had (1861-­1865) more people and resources and would ultimately win the war. EMANCIPATION Lincoln issued that on January 1st, 1863 al slaves in the PROCLAMATION Confederacy would be freed (Only ended slavery in South but the South was at war with the United States so they didn’t real y listen) 13TH AMENDMENT It abolished slavery and involuntary servitude. (1865) -­Guaranteed citizenship to al freed slaves. (Anyone born in the United States is a citizen) 14TH AMENDMENT -­Due Process Clause: No State can deprive any person of (1868) life, liberty or property without due process of the law. -­Equal Protection Clause: No State can deny to any person within its jurisdiction the equal protection of the laws. 15TH AMENDMENT The right to vote cannot be taken away due to a person's (1870) race, color, or condition of previous servitude. -­Fol owing the 13th amendment, southern states passed Black Codes to take away rights from newly freed slaves (such as prevention from voting, sitting on juries, appearing in public, arrest unemployed blacks, fineing for vagrancy and firing them to employers to satisfy fines). Congress was outraged and passed the Civil Rights Act of 1866 to stop (some of) the black codes. Andrew Johnson vetoed the legislation and for the first time ever Congress overrode a presidential veto. The Black Codes would lead the way for the Jim Crow laws. 38 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS DISENFRANCHISEMENT AND SEGREGATION IN THE SOUTH ITEM DESCRIPTION It was designed to grant access to public accommodations CIVIL RIGHTS ACT OF such as theaters, restaurants and transportation. Also (1875) prohibited the exclusion of African Americans from jury service. (AKA: Enforcement Act or Force Act) Federal occupation of the South was from 1865-­1877. END OF National interest in the legal condition of African Americans RECONSTRUCTION waned so federal troops were pul ed in 1877. National (1877) troops were no longer there to guard pol ing places and prevent whites from excluding black voters. Laws enacted by southern states which required JIM CROW LAWS segregation in public schools, railroads, restaurants, and theaters (“Whites only” signs). Some laws even barred interracial marriage. The Supreme Court ruled (on five separate court cases) that THE CIVIL RIGHTS Congress could prohibit only state or governmental action CASES (1883) and not private acts of discrimination. This made the Civil Rights Act of 1875 was now considered unconstitutional. -­Poll Taxes: You have to pay to vote (many African Americans were sharecroppers and had little money) -­Property Qualifications: Must own property in order to DISENFRANCHISING vote. AFRICAN AMERICANS -­Literacy Tests: Local voter registration officials (ALL NON-­WHITES) administered difficult reading-­comprehension tests -­Grandfather clause: If your grandfather voted before reconstruction you could be exempt from pol taxes & literacy exams. Plessy v. Ferguson The Supreme Court found that separate but equal (1896) accommodations did not violate the equal protection clause of the 14th Amendment. The National government decided to end reconstruction and let the South have State government control in 1877. Unfortunately for African Americans the South and Supreme Court were not interested in giving them with the ful rights of citizens despite what the 13th, 14th and 15th amendments did guaranteed. 39 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS THE CIVIL RIGHTS MOVEMENT ITEM DESCRIPTION NAACP Oswald Garrison Vil ard & W.E.B. Du Bois met in 1909 to discuss the (NATIONAL ASSOCIATION FOR issues faced by African Americans. This group soon formed the THE ADVANCEMENT OF NAACP. COLORED PEOPLE) BROWN V. BOARD OF The Supreme Court ruled that Plessy’s separate-­but-­equal doctrine EDUCATION (1954) was unconstitutional. (Although a decade later less than 1% of black children attended integrated schools) EISENHOWER SEND In 1957, Eisenhower sent in troops to Little Rock, Arkansas to enforce IN FEDERAL TROOPS a school desegregation order. In 1955, Rosa parks refused to give up her seat on a bus to make room for a white man. Martin Luther King took over the bus boycott BUS BOYCOTT that started on the first day of Park’s trial. In 1956, a federal court ruled that segregated buses violated the equal protection clause of the 14th amendment. 24TH AMENDMENT Outlaws the pol tax in any federal, primary, or general election. (1962) (Although it did not say anything about taxes in State or local elections the Supreme Court ruled those unconstitutional in 1966) MARCH ON 200,000 people gathered in the national’s capital (Martin Luther King WASHINGTON organized it) to demand the government end discrimination in al states. -­Banned discrimination in public accommodations -­Outlawed discrimination in hiring based on race, color, religion, sex, or CIVIL RIGHTS ACT national origin. -­Cut off federal funding for discriminating organizations, including OF 1964 schools. -­Empowered the U.S. Department of Justice to initiate suits against noncompliant programs. VOTING RIGHTS OF Aimed to overcome barriers that existed at the State and local levels 1965 stopping African Americans from voting. Swann v. -­Supreme Court ruled to eliminate al state-­imposed segregation. Charlotte-­Mecklenburg -­De jure discrimination: racial segregation as a result of law/ policy. -­De facto discrimination: racial segregation as results from practice School District (1971) (like housing patterns) (not any government action) -­The civil rights movement was successful for different reasons. There were groups like Martin Luther King’s Southern Christian Leadership Conference that organized boycotts and protest marches. The media for focusing the nation’s attention on how blacks were being treated in the south. But the NAACP was monumental for pressuring presidents, lobbying in Congress, and taking cases to the Supreme Court. -­These legal decisions and laws helped not only African American but other diverse groups (like Hispanics and Asians). 40 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS WOMEN’S SUFFRAGE ITEM DESCRIPTION A women’s rights convention in which 300 men and women met and passed resolutions cal ing for the abolition of legal economic, SENECA FALLS and social discrimination against women. CONVENTION (1848) (Elizabeth Cady Stanton and Lucretia Mott formed this because they were banned from participating in a abolition convention in London focused on ending slavery) NAWSA It was revitalized in 1890 when the national and american organizations merged and decided to focus on obtaining the right (NATIONAL AMERICAN WOMAN to vote (suffrage). Susan B. Anthony headed this new group. SUFFRAGE ASSOCIATION) (The suffrage movement: the drive for voting right for women 1890-­1920) 19TH AMENDMENT Ratified in 1920, guaranteed women the right to vote. (This was 50 years after African American men) -­I think it is interesting how different factions gave different reasons for extending suffrage for women. Some claimed mothers would know best for society. Others said why would uneducated black people get the right to vote before women. Some added white women need this power so white can dominate. Some said hey people should be equal. -­After the 19th Amendment some women joined numerous groups like the National Consumers League or the Women’s Christian Temperance Union to work towards individual group goals. The widespread organized activity on the behalf of women would not reemerge until the 1960’s. THE WOMEN’S RIGHTS MOVEMENT ITEM DESCRIPTION Outlawed discrimination in hiring based on race, color, religion, sex, or CIVIL RIGHTS ACT national origin. (Southern Democrats added sex to the list so it would kil the bil , OF 1964 but it passed anyway) TITLE VII: of act has helped in sexual harassment & discrimination cases and NOW Formed in 1966 after the Equal Employment Opportunity Commission (NATIONAL ORGANIZATION failed to enforce the law as it applied to sex discrimination. FOR WOMEN) (Goals: equality by the Passage of Equal Rights Amendment or judicial decision). ERA Congress proposed it in 1972. ¾ of state did not ratify. (They were three states short in 1978. Opponents linked it to Roe v. Wade feminists and said it was (EQUAL RIGHTS anti-­family. Congress extended ratification deadline by 3 years but no more states AMENDMENT) voted for it. It was renamed to the Women’s Equality Amendment in 2007). EQUAL PAY ACT Requires employers to pay women and men equal pay for equal work. OF 1963 (As of 2013, women stil make about 78 cents for every dol ar a man makes). Educational Amendments of 1972 law that bars education institutions TITLE IX receiving federal funds from discriminating against female students. (It is a portion of an amendment of national law) 41 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS HISPANIC AMERICANS ITEM DESCRIPTION Stil today's largest Latino/a group in the United States LULAC was formed in 1929. Original members families owned (LEAGUE OF UNITED LATIN land in the Southwest when it was stil under Mexico’s AMERICAN CITIZENS) control. Hernandez v. Texas The Supreme Court ruled that Mexican Americans were (1954) entitled to a jury that included other Mexican Americans. UNITED FARM Cesar Chavez and Dolores Huerta organized the largest WORKERS UNION farm workers union in the nation and led them to strike and boycott against California growers. MALDEF alongside the Puerto Rican Legal Defense and Education Fund focuses on funding schools with MALDEF low-­income minority students, bilingual education (MEXICAN AMERICAN programs, hiring and workers rights, chal enging election LEGAL DEFENSE AND EDUCATIONAL FUND) rules and apportionment plans that undercount latino/a voting powers. They also focused on getting the Voting Rights Act of 1965 passed, The United States only al ows so many immigrants to IMMIGRATION enter the United States. Many people want the United ISSUES States to let their friends and families to legal y enter freely. This is met with resistance from Congress support for border patrol and additional fences. In 2006, legal and il egal immigrants took that day off in DAY WITHOUT an economic boycott. More than 1 mil ion marchers took IMMIGRANTS to the streets in at least 40 states to draw attention to the plight of immigrants. 42 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS AMERICAN INDIANS ITEM DESCRIPTION -­Population depletion was a huge factor. Estimates as high as 50-­200 mil ion indians went down to less than 2 mil ion by 1900. (Today there are approximately 2.8 mil ion) 1787-­1887 -­For years, Congress and the courts manipulated Indian law to promote the westward expansion of the United States. Indian lands were confiscated, they per placed on reservations, and their political rights were denied. The government switched policies to promote assimilation over DAWES ACT separation. Each Indian family was given land within the OF 1887 reservation (Indian land was reduced from 140 mil ion acres to 47 mil ion). Their children was sent to boarding schools off the reservation where their native language and rituals were banned. CITIZENSHIP In 1924, American indians became U.S. citizens with the right to vote. NARF It was founded in 1970. It was the result of 1960’s activists that (NATIVE AMERICAN were mobilizing after being trained by the American Indian Law RIGHTS FUND) Center. Their lawsuits focus on hunting, fishing, and land rights. CASINOS Today, Indians have a number of casinos across the nation. This has led to bil ions of dol ars for Indian tribes. Indians new wealth has lead to them growing in power in terms of CAMPAIGN campaign contributions. (Example: The Agua Caliente Band of Cahuil a CONTRIBUTION Indians 7.5 mil ion in one year) Indians claim these large expenditures are legal because as sovereign nations they are immune from federal and state campaign finance disclosure laws. INDN Created in 2005, to elect Indians and Democrats at the state and (INDIGENOUS DEMOCRATIC national level. NETWORK) 43 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS ASIAN & PACIFIC ISLANDERS ITEM DESCRIPTION CHINESE EXCLUSION ACT The first law to restrict the immigration of any identifiable nationality. 1882 Yick Wo v. Hopkins Ruled that a San Francisco ban on cleaners operating in wooden 1886 buildings (⅔ owned by Chinese, and it was one of the few industries that Chinese were not barred from). In 1922, the Supreme Court ruled that Asian and Pacific Americans SEGREGATION were not white and therefore not entitled to ful citizenship rights. States created more laws that separated races. The Supreme Court upheld FDR’s executive order 9066 which Korematsu v. U.S. rounded up Japanese Americans (⅔ U.S. citizens) and moved them 1944 to internment camps. (Congress apologized and gave reparations in 1988 as a result of to Japanese Americans lobbying). -­1960’s & 1970’s groups formed to fight for civil rights. ORGANIZED FOR -­Filipino farms works joined with Mexican in the United Farm CIVIL RIGHTS Workers Union. -­In 1973, movement for Free Philippines which later became The Congress Education Project opposed the Vietnam War. -­In 1977, the U.S. government decided to use the nomenclature “Asian and Pacific Islanders”. This identity has been chal enged by some sub-­groups (like Hawai ans requesting to be categorized with Native Americans). Original y Asian and Pacific Islanders were far more likely to identify as japanese, Chinese, Korean, or Filipino. -­Today groups are targeting diverse political venues (like obtaining positions at the national, state, and local level of governments). 44 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS LESBIAN, GAY, BISEXUAL & TRANSGENDERED (LGBT) ITEM DESCRIPTION -­In the 1950’s, some states and local communities closed gay bars DISCRIMINATION and prevented liquor sales to gays. -­In 1973, psychiatrists removed homosexuality as a mental disorder from their chief diagnostic manual. DON’T ASK In 1996, Military policy in which you could not ask a person their DON’T TELL sexual orientation. But if you revealed you were gay you could be discharged. It was ended in 2010. A 1996 law, that keeps the power to define marriage at the state DOMA level and barred federal recognition of same-­sex marriage for (DEFENSE OF purposes of social security, federal income tax filings, and other MARRIAGE ACT) points of law. Lawrence v. Texas This ruling ended anti-­sodomy laws. It was the first time the Court 2003 declared homesexualilty was a fundamental privacy right. -­There is a national backlash after Massachusetts al ows same-­sex marriage in 2004. SAME-­SEX -­George W. Bush renewed his cal for a constitutional amendment MARRIAGE to ban same sex marriage in 2006. BACKLASH -­Same sex marriage bans were on the bal ot in several states in 2006. -­Gay people stil face issues adopting in some states. Obergefell v. Hodges The Supreme Court ruled that States could not ban same-­sex 2015 marriage. (37 States had same sex marriage before ruling, most added it in 2012-­2015. 13 States stil had bans.) 45 AP AMERICAN GOVERNMENT STUDY GUIDE CIVIL LIBERTIES & CIVIL RIGHTS CIVIL RIGHTS AMERICANS WITH DISABILITIES ITEM DESCRIPTION DISCRIMINATION Many veterans of WWII, Korea, and Vietnam came home disabled and organized to end the discrimination they were facing. -­The statute defines a disabled person as someone with a physical or mental impairment that limits one or more “life activities,” or who has a record of such impairment. ADA -­It extends protections from the Civil Rights Act of 1964 to al of those (AMERICANS WITH with physical or mental disabilities. DISABILITIES ACT) -­It guarantees access to public facilities, employment, communication services, and it requires employers to acquire or modify equipment, adjust work schedules, and make facilities accessible. AAPD The largest nonprofit organization lobbying for expanded civil rights (AMERICAN for the disabled. It works on behalf of 56 mil ion Americans who ASSOCIATION OF suffer from some form of a disability. They work alongside other PEOPLE WITH DISABILITIES) groups to assure that the ADA is implemented ful y. AFFIRMATIVE ACTION ITEM DESCRIPTION EARLY JFK issued executive orders to federal agencies to hire free of racial AFFIRMATIVE bias. LBJ issued orders to hire minority contractors and employees. This idea would exist in the federal government, states, col eges, and ACTION private companies in terms of hiring and admissions. Regents of the He sued for reverse discrimination in that he was kept out of medical University of school even though he scored higher than some women and non-­whites. California v. The court ruled (5-­4) that mandatory quotas were unconstitutional. (Court stil ruled in favor of affirmative action, in some instances, Bakke 1978 fol owing this case) The Court al ows some forms of affirmative action but not others. GRAY AREA Although the use of strict quotas and automatic points is not OF LAW constitutional, the Court clearly believes that there is a place for some preferential treatment, at least until greater racial and ethnic parity is achieved. Affirmative Action:The label placed on institutional efforts to diversify by race or gender. 46 UNIT 3: POLITICAL BELIEFS & BEHAVIORS MAIN TOPICS PUBLIC OPINION POLITICAL PARTICIPATION 47 PUBLIC OPINION 48 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION PUBLIC OPINION, THE SPECTRUM, & ISSUE TYPES ITEM DESCRIPTION PUBLIC OPINION What the public thinks about a particular issue or set of issues at any point in time. IDEOLOGY A comprehensive and mutual y consistent set of ideas. THE POLITICAL -­Liberal (democrats) is on the left side of the spectrum. SPECTRUM -­Conservative (republicans) is on the right side of the spectrum. (LIBERAL-­CONSERVATIVE -­Moderate is somewhere in the middle of the spectrum. SPECTRUM) (Most Americans are moderate but often belong to one of the two major parties) Concerns or policies that are viewed in the same way by people with VALENCE ISSUES a variety of ideologies. (Examples: Everyone wants a strong economy and national security) WEDGE ISSUE Concerns or policies that sharply divide the public. (Examples: People often disagree on abortion and universal health care) SALIENCY If an issue is important to someone than it has high saliency. (Often found in wedge issues) POLITICAL IDEOLOGIES IDEOLOGY DESCRIPTION One of today's major ideologies. Original y under the influence of Thomas Jefferson who LIBERAL wanted a government to do very little. Under FDR’s New Deal, the government took on a new responsibilities. Since the 1930’s liberal usual y means al owing the government to expand beyond established constraints. One of today's major ideologies. Traditional y conservatives believe in fol owing tradition CONSERVATIVE and authority. Goldwater (1964 republican presidential nominee) argued that government should do less and thus al ow its people more freedom. Less taxation and less government spending became its anthem. LIBERTARIAN One of today's minor ideologies. They often oppose government intervention or regulation. It is a party but people in this ideology often belong to other parties. POPULIST One of today's minor ideologies. They general y attend a Protestant church. They support things like prayer in school, high minimum wage, and welfare. PROGRESSIVE One of today's minor ideologies. They split the republican party (peaked in early 1900’s). Today they believe in workers rights over corporate rights and support progressive taxes. Both parties occasional y go against their own ideology. Democrats adopt policies that are not very liberal in terms of personal liberty while Republicans adopt policies (like abortion) that require more regulation and law (not less). As a result both parties have sub­groups within them. 49 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION FACTORS THAT INFLUENCE POLITICAL SOCIALIZATION FACTORS DESCRIPTION This is the single greatest influence on one’s political socialization. When children start to inquire about world events FAMILY or local issues it is the parents who explain it to their children and within this explanation comes the parents’ opinion on the issue. (10% of seniors identify with the party opposite of their parents) (60% of adults carry the same party identification as their parents) Teachers and peer groups can have a large impact. There is no evidence that obtaining high school diploma or a bachelor's EDUCATION degree wil affect ideology. People that graduate with a masters degree or higher are more likely to vote for Democrats and hold liberal attitudes. (Average Col ege faculty claim: 48% liberal;; 14% conservative) People who attend church (nearly weekly) are more likely to vote on election day. Fundamentalists (believe in literal interpretation of the Holy RELIGION Bible), Evangelical Christians (promote Christian faith), and Protestants are located primarily in the South and midwest and they vote conservative (republican). Catholics vote liberal (democrat). Jews (smal est portion of electorate) vote liberal (democrat). -­African Americans have voted for democrats since New Deal and even more since the Civil Rights Movement. RACE & ETHNICITY -­Hispanics (55-­65 percent) vote for democrats. -­Asians usual y vote for republicans. -­Whites are more likely to vote for republicans. -­Northeast: liberal LOCATION -­West coast: liberal -­West: conservative -­South: conservative GENDER Women: liberal (especial y single women) Men: conservative (especial y white men) -­40% to 50% of Americans consider themselves moderate, 30% conservative, and about 20% liberal. Only 37% consider themselves “strongly partisan”. How do people determine their ideology? The answer is political socialization. -­Political Socialization: The process by which one develops political opinions. -­Other books also include: media, region, age, occupation, & wealth. -­Other books mention psychological factors: party identification, perception of candidates, & perception of issues 50 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION MEASURING PUBLIC OPINION ITEM DESCRIPTION PUBLIC OPINION Interviews or surveys with samples of citizens that are used to POLLS estimate the feelings and beliefs of the entire population. AKA: POLLING Newspapers use to conduct simple, non-­scientific tal ies of STRAW POLLS selected voters to make predictions. (Since they were not scientific they were often wrong. People were like: uhhh is there something more reliable?) TRACKING Researchers ask people the same or similar questions over time POLLS to “track” the path of public opinion. EXIT POLLS They are conducted outside of pol ing places on election day to predict the outcome of an election. Smal groups of citizens (10 to 40 people) gather to hold FOCUS GROUPS conversations about issues or candidates. These are used for candidates to determine how to change their image for elections. (Example: People told Mitt Romney to wear more jeans) Researchers simply ask whether or not the respondent approves, yes or no of the president’s job performance. Presidents usual y APPROVAL hover at 50%. They can go up when the country finds itself in RATINGS crisis. Truman’s went up after he dropped the atomic bomb and George W. Bush’s went up after 9/11 (Bush also had 29% when he was leaving office, which is real y low) The most accurate way to measure public opinion is through scientific pol ing. The next page discusses this in detail. 51 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS PUBLIC OPINION MEASURING PUBLIC OPINION WITH SCIENTIFIC METHODOLOGY ITEM DESCRIPTION Construct a questionnaire with Questions should be neutral and should not lead people to a certain answer. (Example of a bad question: Don’t you think properly worded we should get rid of welfare so those lazy people can take and ordered care of themselves?) questions Define Universe: Who is in the group you wish to measure. (Example: Al citizens or girls that age 13-­19) Random Sampling: This method gives everyone in your defined universe the same chance of being selected. Select a Stratified Sampling: Most national surveys and commercial representative pol s use samples of 600 to 1,000 individuals and use stratified sampling which is a variation on random sampling. sample SCIENTIFIC This included using information from the Census that rules out those unlikely to vote, breaking the country into 4 regions METHODOLOGY and counties and metropolitan areas that are in proportion to the total national population. They break into units and each unit gets 20 people selected. Correctly The interviewer contacts and interacts with the respondent interview can impact a pool. People are more honest on paper than the respondents when they are on the phone or in-­person. Analyze the People could skew that data to meet their own selfish goals. data appropriately (Some people….they are the worst) Draw the Perhaps the end result does not show convey people’s true correct feelings. (Which was the entire point) conclusions -­Margin of error: Al pol s contain errors. Typical y in a sample of 1,000 the margin of error is 4 percent. So if the result is 52 to 48 you can add or minus 4 to each number. So once you add the margin of error you see the race is too close to cal . -­Sampling error: If parts of the universe are not questioned the whole pol could be SHORTCOMINGS skewed. Homeless are hard to find, but they can vote. -­ OF POLLING Limited respondent options: If you answer agree or disagree you complex views may not be recorded. -­Lack of information: People answering may have no knowledge/ and or opinion of the subject being surveyed. So what good is that? -­Difficulty measuring intensity: Respondents opinions may not have been expressed. -­Scientific pol ing (often referred to as pol ing) is the most accurate way to determine public opinion despite al its shortcomings. -­The media uses pol s often during an election and they start sounding like a horse race announcer. They often focus on who is winning instead of showing what the candidates are actual y saying about these issues. 52 POLITICAL PARTICIPATION 53 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION BASIC TERMINOLOGY REGARDING THE ELECTORATE ITEM DESCRIPTION ELECTORATE The people who are entitled to vote in an election. SUFFRAGE The right to vote. FRANCHISE The right to vote. DISENFRANCHISE To take away the right to vote. VOTING-­AGE This refers to people who are 18-­years or older (since 1971). POPULATION VOTER TURNOUT The portion of the voting-­age public that votes. -­General y speaking about the eligible adult population: 40% votes regularly, 25% are occasional voters, and 35% rarely or never vote. -­In 2012, 62% of the eligible electorate voted in the presidential election which was the highest since 1960. EXPANDING THE ELECTORATE AMENDMENT YEAR DESCRIPTION 15TH AMENDMENT The right to vote wil not be denied on account of 1870 race, color, or previous condition of servitude. 19TH AMENDMENT The right to vote wil not be denied on account of 1920 sex. 23RD AMENDMENT Washington D.C. residents have the right to vote in 1961 Presidential election (even though they are not in a state) 24TH AMENDMENT The right to vote wil not be denied for failure to pay 1964 a tax. 26TH AMENDMENT The right to vote wil not denied to people at least 1971 18-­year-­olds due to their age. -­Initial y states would bar Women, African Americans, and immigrants from voting. But they also limited white men from voting by imposing religion tests, property taxes, and pol taxes. -­By 1830 (Jacksonian Era) most states had removed the property requirement for being eligible to vote. (North Carolina was last in 1856) -­Don’t forget the 15th Amendment was ignored by many southern states when they added literacy tests, pol taxes. The Civil Rights Movement lead to national law to address these issues and even fueled some of the amendments on this chart. 54 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION MODERN SUFFRAGE REQUIREMENTS & POSSIBLE LIMITATIONS CATEGORY SPECIFIC ITEM DESCRIPTION Citizenship Must be a U.S. citizen. Residence Must be a resident from the State you are voting in. SUFFRAGE (There are absentee bal ots if you are gonna be gone) REQUIREMENT Age Must be 18-­years-­old to vote. Registration Must be registered with officials in your state to vote. (Except North Dakota) Mental Some states deny people in mental institutions the POSSIBLE Competency right to vote. VOTING Some states deny convicted felons the right to vote. LIMITATIONS Convicted Felons (Some stil cannot vote for a number of years even after being released from prison) HIGH VOTER TURNOUT AND CORRUPTION ITEM DESCRIPTION -­Fraudulent developed in voting in late 19th century (AKA: the late 1800’s) -­Some estimates show 90% voting participation. -­“Vote Early & Vote Often” repeat voters (like in movie: Gangs of New York) PROBLEM -­People were bribed with money, alcohol, and threats of being fired. -­Ward bosses intimidated voters to vote a certain way. -­A generation of machine politics and patronage dominated from the precinct up to the national level. -­Register to vote (now 30 days prior to an election is most a State can require) -­The Australian Bal ot -­Four key components: SOLUTION 1) Bal ot is printed and distributed at public expense 2) Bal ot must show al candidates names 3) The bal ot is only available at the pol ing place 4) The bal ot is fil ed out in private The Australian bal ot was first used in Australia in 1872. By 1892, 33 U.S. states adopted it. 55 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION MEASURING VOTER TURNOUT OPTION DESCRIPTION USE REGISTERED You take the percentage from registered voters. VOTERS (So if 5 people voted out of 100 registered voters then the voter turnout would be 5%) USE VOTING-­AGE You take the percentage from the voting-­age population. POPULATION (So if 5 people voted out of 1000 people who are old enough then the voter turnout would be .5%) -­Percentage of registered voters that voted in 2008 was 89.6% while the percentage of voting-­age population that voted was 63.6%. -­Voter turnout refers to the percentage of voting-­age population unless otherwise stated. And it has rarely have gone above 60% in since 1970. It usual y hovers closer to 50% or 55%. REASONS FOR LOW VOTER TURNOUT REASON DESCRIPTION Surveys indicate people have conflicting work or school TOO BUSY schedules, were il , disabled, or had a family emergency. (Researchers have also found no one likes to say that they are uninformed about candidates and issues even though it may be the case) DIFFICULTY OF In the United States voter registration requires individual initiative. REGISTRATION It costs people time and effort. (Other nations place the burden on the government and not the people) DIFFICULTY OF Many states require a person to apply for an absentee bal ot in ABSENTEE VOTING person. The person is probably busy and on the go if they aren’t even in their state for elections. NUMBER OF The United States hold twice as many federal elections as other ELECTIONS Western Democracies. American federalism leads to many additional elections at the state and local level. -­Voter apathy: a simple lack of concern for the election VOTER ATTITUDES -­Voter efficacy: feeling your vote real y counts (some people don’t have it) (Some nations inspire people to vote by fining them money if they don’t) WEAKENED The parties were once grassroots organizations that forged strong INFLUENCE OF party-­group links with their supporters. Today, candidate-­centered POLITICAL PARTIES campaigns has resulted in a more distant party from the people. -­I feel like Netflix should be included with “too busy” and “voter attitudes”. -­The United States has the lowest voter participation rates of any nation in the industrialized world: (Examples: 1960: 65%-­-­-­-­-­1996: 51.5%-­-­-­-­-­2004: 60%-­-­-­-­­2012: 62%) 56 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION EFFORTS TO IMPROVE VOTER TURNOUT IDEA DESCRIPTION EASIER -­Same day (as election) registration states have higher voter REGISTRATION & turnout. CONVENIENCE -­Some people think 18 year olds should be automatical y registered. VOTING -­Oregon eliminated pol places and did al -­mail bal oting. MAKE AN This could make it easier for people to get out of work. Better ELECTION DAY keep election day on a Tuesday or people might go on long HOLIDAY weekends. STRENGTHEN Political parties have recently been putting more time, effort, and PARTIES resources into areas that have had lower turnout. It has helped somewhat. -­Hold fewer elections -­Use a proportional representation system for congressional elections to encourage 3rd parties OTHER -­Change election day to Saturday or Sunday SUGGESTIONS -­Making voting mandatory -­Provide a tax credit for voters -­Have an election week instead of an election day -­Al ow people to vote over the internet -­Have more pol ing places (some places have people waiting for hours) CONGRESS AND NATIONAL VOTING REGULATIONS ITEM DESCRIPTION NVRA In 1993, Congress passed this law to help citizens register to vote at any (NATIONAL VOTER state-­run agencies, such as the bureaus of motor vehicles. Hence the REGISTRATION ACT) “motor-­voter law” nickname. In 2002, Congress created a national standards for voting and election management: HAVA -­Al States had to upgrade voting systems to electronic format (HELP AMERICA -­People with disabilities must have easy access to pol ing places VOTE ACT) -­Registered voters must provide a driver's license or the last four digits of their social security number. -­HAVA was passed in response to the Bush-­Gore election. In Florida there was a confusing punch-­card bal ot in which pieces of paper cal ed “chads” made counting bal ots difficult. 57 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION VOTING BLOCS & BEHAVIOR TURNOUT DESCRIPTION VOTING BLOC % G -­Slightly less likely to vote than women. MALES 61.5 -­Believe in harsher punishments & are more fiscal y E conservative N D -­Slightly more likely to vote than men. E FEMALES 65.7 -­More likely to vote democrat (especial y if single) R -­Oppose harsh punishments & are less war-­prone. -­Support welfare systems. WHITES 66.1 More likely to vote conservatively. -­Since New Deal vote for democrats. R BLACKS 64.1 -­Support money for poor areas rather than on foreign A policy. C -­Have a less favorable view of the justice system. E HISPANIC 49.9 -­Side with democrats on urban, minority, & labor issues. -­43 mil ion voters (fastest growing minority population) ASIAN 47.6 -­Tend to vote for conservatives 18-­24 -­Low voter turnout. (YOUNG 48.5 -­Might be uninformed because houses, careers, family, A VOTERS) and running a business is al in the future for them. G -­High voter turnout. E 65-­74 -­Have more experience and understanding of the political (SENIOR 72.4 process because they are likely to have much at stake: CITIZENS) social security, medicare, taxes, & inheritance. S NO HIGH C SCHOOL 39.4 -­The less education you obtain the less likely you are to vote. H DIPLOMA O OBTAINED A O MASTERS N/A -­The more education you obtain the more likely you are L to vote. DEGREE 58 AP AMERICAN GOVERNMENT STUDY GUIDE POLITICAL BELIEFS AND BEHAVIORS POLITICAL PARTICIPATION VOTER BEHAVIOR BY DEMOGRAPHICS DEMOGRAPHIC VOTE LIBERAL VOTE CONSERVATIVE GENDER Women Men RACE African Americans Whites Hispanics Asians Protestants RELIGION Catholic Evangelicals Jews Mormons REGION East Coast South West Coast West EDUCATION The rest of educational attainment is pretty Obtaining a masters split between the two parties. Wage earner Business community OCCUPATION Craftsman Entrepreneurs Factory line workers Shareholders -­Obviously these are just statistical majorities. There is no way to know how a person votes just because of their demographics. In some instances it is like 55 % of these people vote like this. Wel 45% of them stil vote for the other side. So don’t go nuts with this stereotypical data. But you might need an example or two on the AP test. -­Party identification is stil the strongest indicator as how someone wil vote. -­Also in terms of the electoral col ege, many states in certain regions vote consistently. 59 UNIT 4: LINKAGE INSTITUTIONS MAIN TOPICS POLITICAL PARTIES ELECTIONS & CAMPAIGNS INTEREST GROUPS MASS MEDIA 60 POLITICAL PARTIES 61 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES LINKAGE INSTITUTIONS ITEM DESCRIPTION OF LINKAGE POLITICAL PARTIES A group which tries to win elections so they can control the government. A process in which one person is selected for a ELECTIONS governmental job. They should represent their constituents. -­Use propaganda to influence society INTEREST GROUPS -­Use PACs to influence elections -­Hire lobbying to influence Congress MASS MEDIA Gains people’s attention by selecting which stories to cover. -­This entire unit covers Linkage Institutions: connect or link people with the government. POLITICAL SCIENTISTS DESCRIBE POLITICAL PARTIES PORTION OF PARTY DESCRIPTION GOVERNMENTAL The office holders who organize themselves and pursue PARTY policy objectives under a party label. ORGANIZATIONAL The workers and activists who make up the party’s formal PARTY organization structure. PARTY IN THE The voters who consider themselves al ied or associated ELECTORATE with the party. DEFINITIONS: -­Political Party: An organized effort by office holders, candidates, activists, and voters to pursue their common interests by gaining and exercising power through the electoral process. -­Political Party: is an organization of people which seeks to achieve goals common to its members through the acquisition and exercise of political power. -­Political Party: A group who wins elections to gain power in the government. -­Political Party: A group who wins elections so they can control the government. 62 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES TYPES OF REALIGNMENT TERM DEFINITION EXAMPLE -­Jefferson forms anti-­federalist to respond against federalists strong central government PARTY A shifting of party coalition groupings in the -­Whig party dissolved over slavery and electorate that remains in place for several Republicans gained strength to win REALIGNMENT elections. presidency of 1860. -­Democrats gain former republicans during the New Deal legislation aimed to end depression of 1930’s). Southern Democrats transformed into SECULAR The gradual rearrangement of party Republicans as the Democratic party coalitions, based more on demographic REALIGNMENT shifted its platform toward liberal social shifts than on shocks to the political system. causes. -­Critical election: An election that signals a party realignment through voter polarization around new issues. (One or two of them general y precede a major realignment (or party realignment) -­Secular realignment can take place because one generation is dying off and younger voters which replace them are different. -­Dealignment: a general decline in party identification and loyalty in the electorate (similar sounding word, but different) POLITICAL PARTIES CHANGE OVER TIME 1789-­1800 Federalists won ratification of the Constitution Anti-­federalists opposed strong national government and the presidency for the first three terms. and favored states’ rights and civil liberties. Federalists maintained beliefs in a loose Democratic-­Republicans (Jeffersonians) (AKA: 1800-­1824 interpretation of the Constitution to strengthen Republicans) put less emphasis on a strong Union the nation. and more on states’ rights. Democrats (Jacksonians) encouraged greater Whigs were a loose band of eastern capitalists, 1824-­1860 participation in politics and gained Southern bankers, and merchants who wanted internal and Western fol owing. improvements and stronger national government. Democrats became the second-­place party, 1860-­1896 aligned with the South and the wage earner Republicans freed the slaves, reconstructed the and sent only Grover Cleveland to the White Union, and aligned with industrial interests. House. Democrats join with Populists to represent the 1896-­1932 Republicans Southern and Midwestern farmers, workers, continue to dominate after a realignment based on economic factors. and Protestant reformers. Democrats, starting with the New Deal, have Republicans have taken on a laissez-­faire approach 1932-­ pushed for affirmative action, strong protection PRESENT to economic regulation and a brand of conservatism of civil liberties, and government intervention that reflects limited government. on the economy. -­Some people notice that states rights and republicans are often in the right column so the right column must be conservative. Unfortunately, it is not that simple. Republicans in the 1860 would actual y seem more liberal than the democrats of that time. By today’s standards liberals would care more about expanding the role or influence of government and conservatives would want to lessen the role government plays. -­Some books point out the Golden Age: from 1860-­present day the Democrats and Republicans have dominated elections in the United States. 63 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES FUNCTIONS OF POLITICAL PARTIES FUNCTION DESCRIPTION RECRUIT & LABEL Parties search for candidates, nominate them, and help to I CANDIDATES define their viewpoints. N E BUILDING L Parties try to build coalitions of like-­minded citizens. COALITIONS E C T I GATHER FUNDS Parties raise hundreds of mil ions of dol ars for the campaigns. O N S GET INFORMATION Mailings, social media platforms, and other forms of OUT communication can build support. POLICY FORMATION Political parties play a major role in running the government. I N & PROMOTION Legislatures at national and state level are organized along (AKA: GOVERNING OR party lines. Most political appointments in the federal O RUNNING THE GOVERNMENT) executive and judicial branches are made along party lines. F F I OPPOSE OTHER C No party is in control of al level of government Parties are PARTY E the “loyal opposition,” trying to force compromises. (AKA: WATCHDOG) TWO PARTY SYSTEM & MINOR PARTIES TYPE OF ELECTION DESCRIPTION SYSTEM EFFECT ON PARTIES A voting system that Minor parties are more apportions legislative PROPORTIONAL successful in this system. seats according to the Multi-­party This al ows interests to be REPRESENTATION percentage of the vote system divided into more won by a particular groupings. political party. SINGLE-­MEMBER A system in which the Minor parties do not party that receives at general y do wel . This DISTRICTS Two-­party least one more vote encourages the grouping of (AKA:WINNER-­TAKE-­ALL system than any other party interests into as few parties SYSTEM wins the election. as possible. -­The United States does not have proportional representation. It has a winner-­take-­al system so third parties are not as successful. Some countries do utilize a proportional representation system. They have a multi-­party system as opposed to the United States’ two party system. -­Minor Party: (often cal ed 3rd parties) a political party that plays a much smal er role than a major party in a country’s politics and elections. 64 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES INFLUENCE OF MINOR PARTIES ITEM DESCRIPTIONS & EXAMPLES THEY -­Jacksonian Democrats was at first a minor party. SOMETIMES -­Lincoln's Republicans was at first a minor party. TURN INTO -­Although no minor party has won the White House since 1860, they MAJOR PARTIES have sent members to Congress. Created to advance a particular policy or to solve one particular political SINGLE ISSUE PARTIES concern. (Examples: Free Soil Party wanted to end slavery. The American Party wanted to tighten restrictions on immigration and citizenship) Break off from a larger existing party SPLINTER PARTIES due to an ideology differing from that of (AKA: FACTIONAL OR party leaders. (Example: Liberal Republicans met BOLTER PARTIES) in 1782 to oppose incumbent Ulysses S. Grant because he and the Radical Republicans were too harsh on al owing 4 TYPES OF Southern States back into the Union) MINOR PARTIES ECONOMIC PROTEST They are created due to concern with PARTIES economic conditions. (Example: In 1892, the Populists focused on issues that farmers faced) Created to fol ow a prescribed ideology and have a comprehensive view of government and policy that differs IDEOLOGICAL PARTIES greatly from that of the two major (AKA: DOCTRINAL PARTIES) parties. (Example: The Socialist Party took on child labor, minimum wage, and foreign policy issues. The Socialist Party could also be viewed as an economic protest party) BIGGEST Major parties sometimes adopt ideas from minor parties. INFLUENCE -­Minor Party: (often cal ed 3rd parties) a political party that plays a much smal er role than a major party in a country’s politics and elections. -­Another historical minor party is the Progressive Party fol owing Theodore Roosevelt didn’t like Republican leadership's (after Teddy had been president for 8 years) handling of trust busting (when government breaks up corporate trusts and monopolies) and environmental conservation. Teddy Roosevelt did better than Taft but it split the republican-­conservative vote al owing Woodrow Wilson (democrat) to be elected. -­Modern Minor Party Presidential Candidates: Pat Buchanan ran with Reform Party in 2000. Ralph Nader, consumer advocate, ran with the Green Party in 1996 and 2000. -­To get a candidate's name printed on the bal ot they must meet certain qualification in each State. Most states require a fee and a large amount of signatures. -­Minor parties have a tougher time raising money and getting on bal ots than major parties. Major parties are fearful they wil split their votes and do not want them on bal ots. 65 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES PARTY ORGANIZATION ITEM DESCRIPTION TYPE EXAMPLE PURPOSE Democratic National Committee (DNC) The DNC and the RNC focus NATIONAL on aiding presidential COMMITTEE campaigns and conducting Republican National Committee (RNC) general party-­building activities NATIONAL National Republican Senatorial Committee (NRSC) COMMITTEES National Republican Congressional PARTY The Hil Committees work Committee (NRCC) COMMITTEES primarily to maximise the IN CONGRESS number of seats held by their (AKA: HILL Democratic Senatorial Campaign respective parties in Congress. COMMITTEES) Committee (DSCC) Democratic Congressional Campaign Committee (DCCC) The party chairperson (or national chair) is the chief strategist and spokesperson. This person is not usual y as famous as president or congressional leader but they run the party LEADERSHIP machinery (building up the membership, seek funding, recruiting quality candidates, conveying to voters the party philosophy). Each party elects its own chairperson by a vote of the committee. (So both the DNC and RNC has a chairperson) PARTICIPANTS WHEN THEY MEET WHAT THEY DO 1)Create platform: (a list of NATIONAL principals and plans that they wish to enact) CONVENTIONS Delegates from al 50 Every 4 years States (& U.S. territories) 2)Nominate Candidates: (give official party endorsement for president and vice president) Every state has a statewide party organization. The state party chairperson makes public appearances on local television and works to recruit new member and register voters. Some STATE & have salaries and offices. County-­level chairperson from less populated counties operate LOCALITIES effectively out of their home with nothing more than a basic web page and a xob of voter registration cards. State and local organizations can operate independently of the national committee. INFORMAL Interest groups and associations that often provide money, labor, or other forms of assistance to the parties. GROUPS Think tanks (institutional col ections of policy-­oriented researchers and academics) also unofficial y influence party positions. 66 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES POLITICAL PARTIES IN GOVERNMENT BRANCH OR LAYER DESCRIPTION OF GOVERNMENT Prior to the beginning of every session, the parties in both houses of Congress gather (or caucus) separately to select party leaders and to CONGRESS arrange for the appointment of members of each chamber’s committees. Leaders in congress often attempt to influence members to vote on party lines. Presidents need support in Congress to pass legislation. In exchange for PRESIDENCY congressional support the president often appoints many activists to office, recruiting candidates, raising money for the party treasury, and campaigning extensively for party nominees during elections seasons. Judges are creatures of the political process. Judges are often seen as JUDICIARY liberal or conservative. Democrats like to appoint liberal judges and Republicans like to appoint conservative judges. -­The political party influences the legislative, executive, and judicial branches at the state level as wel . STATE GOVERNMENTS -­Governors have more influence in their State than Presidents on political parties because they have more jobs to hand out. -­State legislative leaders also have more power, thus party unity is usual y higher in the state capitols. RECENT MAJOR PARTY SUPPORTERS CATEGORY DEMOCRATS REPUBLICANS Southern States REGION Northeast States Great Plain States West Coast Mountain States GENDER Women Men ANCESTRY African Ancestry European Ancestry Hispanic Ancestry Catholic RELIGION Protestants Jewish Evangelicals Nonreligious WEALTH Poor Wealthy URBAN/RURAL Rural Urban Suburbs These are decent trends for today’s electorate. They were supported with data and studies on the 2000 and 2004 elections. 67 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES RECENT MAJOR PARTY PLATFORMS POLITICAL 2012 PLATFORM PARTY HEALTH CARE Strengthen Medicaid and oppose efforts to block funding FOR THE POOR EQUAL RIGHTS Ensure ful equality and support Equal Rights Amendment FOR WOMEN EQUALITY AND Al americans deserve the same chance to pursue happiness SEXUAL regardless or sexual orientation DEMOCRATS ORIENTATION Enact comprehensive reform that values our laws and a nation IMMIGRATION of immigrants Affirms the science of climate change and need smart policies CLIMATE CHANGE that lead to clean energy Supports ABORTION Roe v. Wade and a woman’s right to make decisions regarding her pregnancy Stand in contrast to current administration's policies that expand GOVERNMENT-­ entitlements, create new public programs, and provide FUNDED SUPPORT expansive government bailouts Courts should have the option of imposing the death penalty in DEATH PENALTY capital murder cases Marriage would be one man and one woman and this must be MARRIAGE upheld as the national standard REPUBLICANS Oppose any form of amnesty of those that intentional y violated IMMIGRATION the law Pass laws consistent with Supreme Court decisions which have GUN CONTROL upheld the fundamental right to keep and bear arms for self-­defense We oppose using public revenues to promote or perform ABORTION abortions of fund organizations which perform or advocate it Platform: a list of principles and plans a political party hopes to enact. It is the best way to determine a party’s primary ideology. Political Parties write a platform at every National Convention (when they also official y nominate presidential and vice presidential candidate). 68 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS POLITICAL PARTIES MAJOR POLITICAL PARTIES & THE MEDIA NEWS OUTLETS PARTY MASCOT TYPES OF PEOPLE LEANING THEIR WAY ● African Americans ● Pacifists ● Washington Post ● Environmentalists ● The Nation DEMOCRATS Donkey ● Feminists ● New Republic ● Latinos ● CNN ● Members of ● Air America Radio organized labor ● Neo-­conservatives ● Business interests ● Wal Street and financial interests ● Supply-­side ● Washington Times REPUBLICANS conservatives ● National Review (AKA: GRAND OLD Elephant ● Religious ● The Wal Street Journal PARTY, GOP) conservatives ● Fox News ● Southern ● Rush Limbaugh conservatives ● Mountain states’ conservatives (more libertarian) Republicans are the elephants. Democrats are the donkeys. Both mascots started out as satire to make fun of the political parties in the 1800’s. Both parties embraced their mascots today. PARTY IDENTIFICATION & DEALIGNMENT ITEM DESCRIPTION PARTY A citizen’s personal affinity for a political party, usual y expressed IDENTIFICATION by a tendency to vote for the candidates for that party. DEALIGNMENT A general decline in party identification and loyalty in the electorate. -­Party membership is optional. People can change it whenever they want. -­Some people like to cal themselves independent even though they always vote for the same political party to win. -­Lately about 40% of the american public have been identifying themselves as independent. The two major parties go up and down but both of them can usual y claim near 30%. -­Party Identification is stil the most accurate indicator of how an individual wil vote. 69 ELECTIONS & CAMPAIGNS 70 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS TYPES OF ELECTIONS TYPE OF SPECIFIC TYPE DESCRIPTION ELECTION Election in which voters decide which of the PRIMARY ELECTION candidates within a party wil represent the party in the general election. A primary election in which only a party’s registered CLOSED PRIMARY voters are eligible to vote. PRIMARY A primary in which party members, independents, ELECTIONS and sometimes members of the other party are OPEN PRIMARY al owed to vote. (Participation of voting when not affiliated it cal ed crossover voting) ( Raiding is an organized attempt to influence the primary results of the other party) A second primary election between the two RUNOFF PRIMARY candidates receiving the greatest number of votes in the first primary. GENERAL Election in which voters decide which candidates GENERAL ELECTION ELECTIONS wil actual y fil elective public offices. An election option such as initiative or referendum BALLOT MEASURE that enable voters to enact public policy. A election that al ows citizens to propose legislation INITIATIVE OTHER and submit it to the state electorate for popular vote. STATE An election whereby the state legislature submits ELECTIONS REFERENDUM proposed legislation to the state’s voters for approval. An election in which voters can remove an RECALL incumbent from office by popular vote. -­These elections take place at national, state, and local levels. -­Electorate: the citizen eligible to vote. At fixed intervals they vote to express opinions about issues and to judge those in power. -­If we did not have peaceful transition of power that would only leave us with non peaceful transitions. 71 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS PRESIDENTIAL ELECTION: SUMMARY PHASE OF WHAT THE WHAT TAKES PLACE ELECTION CANDIDATES NEED Primaries & Caucuses are held ● At least 2,118 in each State for both major delegates for NOMINATIONS the democratic nomination parties to see which candidates ● At least 1,191 the delegates wil vote for their delegates for the republican nomination party’s nomination. Both political parties hold a NATIONAL convention where the delegates People in their party to come CONVENTION official y nominate their party’s together and support them on candidate and they write the during the general election. party’s platform. On election day each state's’ GENERAL They need at least 270 popular vote determines how electoral votes ELECTION many electoral votes each to become President. candidates receives. The next 3 charts go into greater detail regarding these three phases of presidential elections.. PRESIDENTIAL ELECTION: NOMINATIONS ITEM DESCRIPTION PRIMARIES There are different kinds. People vote on bal ot. There vote is their secret. Participants spend several hours learning about politics and the party. There are speeches by candidates or CAUCUSES representatives and receive advice from party leaders. People often go to corners a room to show support (if your candidate as low support you have a chance to go to your next choice) -­The political party determines how many delegates each state possesses. The primary elections and caucus votes determine which candidates the delegates support. Once a candidate receives a majority of delegates they have earned the party nomination. (At least 2,118 delegates for the democratic nomination and at least 1,191 delegates for the republican nomination) -­Number of delegates per state are determined by the party (but they base it on population) -­States determine the date of their own primaries (often referring to both primaries and caucuses, AKA: primary season -­Frontloading: the tendency of states to choose an early date on the primary calendar. (States do this so the candidates wil come to their state and so their citizens can vote before a candidate receives a majority of delegates). Frontloading gives an advantage to early leader because it gives less time for opponents to tear them down. 72 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS PRESIDENTIAL ELECTION: NATIONAL CONVENTION ITEM DESCRIPTION WHO HAS THEM? Both Democrats and Republicans have their own national conventions. WHEN ARE THEY? They take place every four years (the summer before a presidential election). WHO GOES? Delegates selected at local and state level to represent the people from their state. WHAT DO THESE -­Official y nominate the presidential and vice presidential DELEGATES DO? candidates (as a team). -­Write the party platform. -­Some delegates do not legal y have to support the person their state voted for. Some legal y do. Most delegates do select their state's choice. A couple go against the grain from time to time. Weird huh -­Superdelegates: (only exist the democrats party) A delegate slot to the Democratic Party’s national convention that is reserved for an elected party official. -­National conventions are where the political party needs to come together (unify the party). Parties spend a year tearing themselves apart in the nomination process. Now they need to stand together to take on the opposition. PRESIDENTIAL ELECTION: THE GENERAL ELECTION ITEM DESCRIPTION ELECTORAL Representatives of each state who cast the final bal ots that actual y COLLEGE elect a president. ELECTOR Member of the Electoral Col ege chose by methods determined in each state. WINNING THE The winner must receive 270 electoral votes of the 538 possible. (If no PRESIDENCY candidate receives at least 270 electoral votes then the House of Representatives selects the President and the Senate selects the Vice President) ELECTORAL Each state has the same number electoral votes as the VOTES PER STATE representation they have in Congress. (Example: Nevada has 4 House of Representatives + 2 Senators = 6 Electoral Votes) WINNER-­TAKE-­ALL In 48 states, whichever candidate receives the majority of the votes (popular vote) wins al the electoral votes from that state. (SINGLE-­MEMBER DISTRICT) (Under this (PLURALITY) system it is possible to win the electoral col ege while losing the popular vote. Nebraska and Maine both have a proportional disbursement of electoral votes based on how the population of their states voted). -­Least amount of elector votes a state can have is 3. California has the most with 55.. Washington D.C. has 3. (23rd amendment). -­Some people want a popular vote to determine the presidency instead, because in 1824 John Quincy Adams, 1876 Rutherford Hayes, 1888 Benjamin Harrison, and 2000 George W. Bush won the presidency without winning the popular vote. 73 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS CONGRESSIONAL CAMPAIGNS ITEM DESCRIPTION To compete for a seat in the House of Representatives and the MODERN Senate, a candidate must create a networked organization that CAMPAIGNS resembles a smal corporation, spend much of his or her own money, solicit hundreds of donors for contributions, and sacrifice many hours and days to the process. MIDTERM Al House candidates and ⅓ of Senate candidates run for election ELECTIONS every two years. Federal elections that take place halfway through a president’s term are cal ed midterm elections. -­The size of a candidate's war chest, or bank account for campaigning can play a role in determining victory or loss. (Half of al House candidates raise more than $1 mil ion dol ars, which would require them fundraising $16,000 a FUNDRAISING week) (Senate candidates spend on average 12 mil ion) -­Candidates general y spend ¼ of their campaign time making personal phone cal s and holding formal fundraisers (cocktail parties, picnics, and formal dinners with celebrities and officials has guest speakers). FINDING OUT WHAT A typical campaign spend 3 percent of its revenue on pol ing and THE PUBLIC surveys to understand what voters think. They also use focus groups, internet blogs, radio cal -­in shows, and conversations with WANTS party leaders & political analysts to find out what the public wants. -­The candidate gets their message out (common themes of decency, loyalty, and hard work). The three phases a campaign GETTING MESSAGE include: the biography, the issues, and the attack. OUT TO VOTERS -­¾ of al voters say they get most of their information about elections by watching television. A visual is a short news segment showing the candidate in action (cost the candidate nothing to show). A spot is short expensive commercial. -­Redistricting: the process of of redrawing congressional districts to reflect increases or decreases in seats al otted to the states. This effects how many seats each state gets in the House of Representatives. The census counts the population every 10 years. If a state is gain or lose seats in the House it is up to the State legislatures to draw the congressional districts for their state. Gerrymandering: the drawing of boundaries in a way to produce a particular electoral outcome without regard to the shape of the district. 74 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS INCUMBENCY ADVANTAGES & DISADVANTAGES ITEM SPECIFIC ITEM DESCRIPTION People often know their members by name. This is partly due to the franking privilege in which free mailing is available so Congress Name Recognition members can inform constituents about new things going on in their states and districts. Some members become household names being re-­elected over and over again. Incumbents nearly always have more money ADVANTAGES Money than chal engers. Political action committees (PAC’s) donate heavily to incumbents. Officeholders can provide services to constituents, including answer questions about Presence issues of concern to voters. Incumbent keep offices in their hometowns and in Washington D.C. Congressional candidates can often ride on the Coattail Effect popularity of their party’s presidential candidate. The single greatest predictor of an incumbent's DISADVANTAGES loss is a poor economy. When times are tough Role of Economy the voting public wil often hold incumbents and their party responsible. Incumbent: the office holder who is seeking re-­election. 75 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS A CAMPAIGN’S KEY PLAYERS PLAYERS DESCRIPTIONS A person chooses to run for office for a number of reasons which include CANDIDATE personal ambition, the desire to promote a certain ideology and pursue specific public politics, or simply because they think they can do a better job than their opponents. Volunteers are the lifeblood of every national, state, and local campaign. Voter canvas: the process by which a campaign reaches individual VOLUNTEER voters, either by door-­to-­door solicitation or by telephone. Closer to CAMPAIGN STAFF election day volunteers begin vital get out the vote (GOTV) efforts, fal ing and e-­mailing supports to remind them to vote and arranging their transportation if necessary. Campaign The individual who travels with the candidate and coordinates the many different aspects of the Manager campaign. Finance Chair A professional who coordinates the fund-­raising efforts for the campaign. Pollster A professional who gives and analyzes public opinion surveys that guide political campaigns. THE CANDIDATE’S Direct Mailer A professional who supervises a political PROFESSIONAL campaign's direct mail fund-­raising strategies. STAFF Communications The person who develops the overal media strategy for the candidate, blending free press Director coverage with paid TV, radio and mail media. Press Secretary The individual charged with interacting and communicating with journalists on a daily basis. The campaign staff that makes use of Web-­based Internet Team resources to communicate with voters, raise funds, organize volunteers, and plan campaign events. Campaign A private-­sector professional who sel s to a candidate the technologies, services, and THE CANDIDATE’S Consultants strategies required to get that candidate elected. HIRED GUNS Media A professional who produces candidates’ Consultants television, radio, and print advertisements. 76 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS CAMPAIGN MEDIA MEDIA TYPE DESCRIPTIONS Political advertisements purchased for a candidate’s campaign. Types of Ads: positive ads: Advertising on behalf of a candidate that stresses the candidate’s qualifications, family, and issue positions, without reference to the opponent. negative ads: advertising on behalf of a candidate that attacks the opponent’s platform PAID MEDIA of character. contrast ad: Ad that compares the records and proposals of the candidates, with a ibas toward the sponsor. spot ad: Television advertising on behalf of a candidate that is broadcast in sixty-­,thirty­,or ten-­second durations. inoculation ad: Advertising that attempts to counteract and anticipated attack from the opposition before the attack is launched. FREE MEDIA Coverage of a candidate’s campaign by the news media. NEW MEDIA New technologies, such as the Internet, that blur the line between paid and free media sources. Candidatet want favorable coverage. Campaign teams use media consultant in an attempt to influence the media by 1) Staff members seek to isolate the candidate from the press 2) the campaign stages media events (sound bites: brief clever quotes with appealing backdrops so they wil be covered on the news) 3) Spin any circumstance they can (make their candidate look good and the other look bad) 4) Circumvent the news by going on talk shows. THE FEDERAL ELECTIONS CAMPAIGN ACT (FECA) ITEM DESCRIPTION FEDERAL ELECTIONS This law created an independent agency created to monitor and COMMISSION (FEC) enforce campaign regulation. (6-­member nonpartisan body) REGULATED MONEY This law prevented donors from giving more than $1,000 to any federal candidate and more than $5,000 to a political committee. POLITICAL ACTION This law defined that Political Action Committees must: ● Must have at least 50 members. COMMITTEES ● Must donate to at least five candidates. ● Must register with the FEC at least six months in advance of the election. This law created a voluntary public fund to assist viable presidential PUBLIC FUND candidates. (When you file taxes you have chance to give $3 bucks. Candidates use public funds to match individual donations of $250, if they spend less than 50K own money and raise 5k in at least 20 states) -­This law was created in 1971 and amended in 1974 and 1976 in response to americans distrust of money in politics and politics in general after the Watergate scandal. 77 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS CAMPAIGN FINANCE ITEMS DESCRIPTION FEDERAL ELECTIONS The FEC is an extremely important independent agency that is responsible for regulating elections. Laws and court cases have also COMMISSION had great importance on this issue. HARD MONEY Donations given directly to a candidate for campaigning. Donations given to a political party for party-­building purposes SOFT MONEY (Such as get out the vote drives or issue ads) (Soft money skyrocketed after FECA) ● Banned soft money contributions to the national parties ● Increased limits on hard money donations per election cycle: McCAIN-­FEINGOLD ○ $2,000 from individuals (with an adjustment for inflation) LAW ○ $5,000 from PACs ○ $25,000 from the national parties (AKA: BIPARTISAN CAMPAIGN ● Prohibited corporations, trade associations, and labor REFORM ACT OF 2002) organization from paying for electioneering communications using campaign treasury money within 60 days of the general (AKA: BCRA) election and 30 days of a primary. ● Candidates must explicitly acknowledge approval of al TV ads. 527 POLITICAL Non profit and unregulated interest groups that focus on specific cause or policy positions and attempt to influence voters. They COMMITTEES cannot directly engage in advocacy for or against a candidate. 501(C)(3) Nonprofit and tax-­exempt groups that can educate voters about COMMITTEES issues and are not required to release the names of their contributors. McConnel v. FEC The McCain-­Feingold law was largely upheld. (2003) Citizens United v. FEC The Court ruled that corporations have a right to free speech and (2010) cannot be denied the that right in the final days before an election. McCutcheon v. FEC The Court ruled that the free speech clause prevents Congress from limiting the aggregate total an individual may donate to various (2013) candidates. -­Hatch Act, 1939: federal employees and companies doing business under federal contracts were forbidden from contributing to elections. -­ Buckley v Valeo, 1976: The Court ruled that Congress could limit some contributions to candidates but protected other forms of ucing to parties as forms of free speech. -­527 committees and 501 (c ) (3) committees are named after tax code: they show that taking money out of politics is not going to be easy. 78 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS ELECTIONS & CAMPAIGNS GOVERNING ELECTIONS LEVEL OF DESCRIPTION GOVERNMENT ● Sets times and locations for elections. (Sets dates for non-­federal elections) ● Chooses format of bal ot and how to file for candidacy. STATE ● Creates rules and procedures for voter registration. ● Draws congressional district lines (state legislatures). ● Certifies election results days after election day. ● Set date for federal elections: (Currently: Tuesday fol owing the first Monday in November of even numbered years). NATIONAL ● Has judicial jurisdiction on election policy. (AKA: FEDERAL) ● Addresses suffrage in constitutional amendments ● Enforces relevant civil rights legislation. ● Administers and enforces campaign finance rules (FEC) 79 INTEREST GROUPS 80 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS INTEREST GROUPS TYPES OF INTEREST GROUPS TYPE OF GROUP DESCRIPTION ECONOMIC These organizations form to serve the economic interest of INTEREST GROUPS their members, such as labor groups. SOCIAL ACTION AND When a social change is desired, people may join together to EQUALITY GROUPS help get this change made. PUBLIC INTEREST Some organizations exist to work for their perception of the GROUPS public’s best interests. (Not just to benefit group members) State and local governments are becoming strong organized interests as they lobby the federal government or even GOVERNMENTAL charitable foundations for money for a vast array of state and UNITS local programs. (They want earmarks: monies targeted for programs within a state or congressional district to fund basic programs for roads schools, parks & waterways, or other public works projects) POLITICAL ACTION Federal y regulated, official y registered fund-­raising committee COMMITTEES (PACs) that represent interest groups in the political process. (Often made up of corporations, labor unions, and interest groups) -­Interest Group: A group that tries to encourage or prevent change in public policy without being elected. (Political parties are different because they want to control the government by winning elections) -­Other names interest groups go by: special interests, pressure groups, organized interests, nongovernmental organization (NGO’s), political groups, lobby groups, and public interest groups. -­Interest groups connect citizens to the government by increasing public awareness about issues and helping frame the public agenda. -­Do the rich and powerful have greater influence? More than they deserve? INTEREST GROUP THEORIES THEORY DESCRIPTION PLURALIST THEORY The theory that political power is distributed among a wide array of diverse and competing interest groups. DISTURBANCE The theory that interest groups form in part to counteract the efforts of THEORY other groups. TRANSACTIONS The theory that public policies are the result of narrowly defined THEORY exchanges among political actors. POPULATION The theory that the life of a political organization is conditional on the ECOLOGY THEORY density and diversity of the interest group population in a given area. 81 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS INTEREST GROUPS FUNCTIONS OF INTEREST GROUPS FUNCTION SPECIFIC FUNCTION DESCRIPTION Lobbying activities include congressional testimony on behalf of a group (even writing bil s), LOBBYING CONGRESS individual letters from interested constituents, and campaign contributions (straight up vote buying is il egal) Groups target the president, White House LOBBYING THE staff, and numerous levels of bureaucracy to EXECUTIVE BRANCH influence policy decisions at the formation and implementation stages. -­Direct sponsorship of litigation, paying so their group can sue someone using a test LOBBYING case. (Example: NAACP paid for lawyers to take the LOBBYING THE COURTS Brown case al the way to the Supreme Court to fight against segregation in the American schools) -­ Amicus curiae briefs: Write to inform justices of the group’s policy preference, general y offered in the guise of legal arguments. Interest group activity that encourages people GRASSROOTS LOBBYING to contact their congressional representatives directly in an effort to affect policy. This is occasional y used by some interest PROTESTS AND groups. Like the Boston Tea Party. Or when RADICAL ACTIVISM marchers risk detention or jail to protest the International Monetary Fund. CANDIDATE RECRUITMENT Some interest groups recruit, endorse, and/or provide financial or other forms of support for AND ENDORSEMENTS political candidates. Launch GOTV to increase voting expecting GETTING OUT THE VOTE these voters wil vote in favor of the group’s ELECTIONEERING policy preferences. RATING THE CANDIDATES Liberal and conservative interest groups rate members of Congress so the public can hold OR OFFICE HOLDERS members accountable. POLITICAL ACTION Interest groups use these to raise and spend COMMITTEES (PACs) money on campaigns. -­Lobbying: the process by which interest groups attempt to assert their influence on the policy-­making process. Interest groups are large organization that hire people to apply pressure at al aspects involving policy. Lobbyists are experts in their fields with scientific data to back up their claims, so when they testify to congress and write legislation it is very persuasive. -­Electioneering: to actively take part in the activities of an election campaign. 82 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS INTEREST GROUPS SUCCESSFUL INTEREST GROUPS ITEMS DESCRIPTIONS -­The group’s ability to get its issues on the public agenda. DIFFERENT -­Winning key pieces of legislation Congress. -­Successful implementation of laws MEASUREMENTS -­Winning key lawsuits in court. -­Backing successful candidates. -­Leaders: Must be inspiring, persuasive, and attract new members. -­Partons & Funding: Providing start up funds to pay for advertising, FACTORS THAT litigating, and lobbying. OFTEN CONTRIBUTE -­Committed members: Leaders at top, then workers, then due paying TO SUCCESS members (that do not do much else). Al groups provide some col ective good: something of value like money, a tax write-­off, a good feeling, or a better environment that can not be withheld from a nonmember. -­Free rider problem: Potential members fail to join a group because they can get the benefit, or col ective good, sought by the group without contributing the effort. REGULATING LOBBYISTS ITEM DESCRIPTION UNREGULATED PERIOD For the first 150 years of our nation’s history, federal lobbying practices went unregulated. THE FEDERAL This required anyone hired to lobby any member of Congress to REGULATION OF register and file quarterly financial reports. For years very few LOBBYING ACT (1946) lobbyists actual y filed any reports. Defined a lobbyist anyone who devotes at least 20 percent of a client’s or employer’s time to lobbying activities. Also it required: THE LOBBYING 1) register with the clerk of the House and the secretary of the DISCLOSURE ACT OF Senate 1995 2) report their clients and issues and the agency or house they lobbied 3) estimate the amount they are paid by each client (by 2005 32,890 lobbyists were registered and they spend $4 mil ion on lobby both chambers) HONEST LEADERSHIP -­ban on gifts AND OPEN -­tougher disclosure requirements GOVERNMENT ACT OF -­longer time limits on moving from federal government to the 2007 private lobbying sector. 83 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS INTEREST GROUPS MAJOR INTEREST GROUPS (ALSO REGISTERED AS LOBBIES) INTEREST GROUP DESCRIPTION AMERICAN ASSOCIATION OF RETIRED citizen over 55 influences on issues like Social Security and PERSONS (AARP) prescription drugs AMERICAN BAR ASSOCIATION (ABA) represents the legal community AMERICAN CIVIL LIBERTIES UNION (ACLU) legal experts focuses on civil rights and civil liberties CHAMBER OF COMMERCE represent the business community al across the nation COMMON CAUSE lobbies for liberal causes and “open, accountable” government AMERICAN-­ISRAEL PUBLIC AFFAIRS support for Jewish communities and Israel COMMITTEE AMERICAN FEDERATION OF LABOR-­CONGRESS OF INDUSTRIAL headed labor movement and worker rights for decades ORGANIZATIONS (AFL-­CIO) EAGLE FORUM advocates for family values issues and laissez-­faire economics EARTH FIRST! radical environmental group & controversial violent protests HERITAGE FOUNDATION lobbies in favor of reducing the federal bureaucracy (less gov) LEAGUE OF UNITED LATIN AMERICAN defends the civil rights of Hispanic citizens CITIZENS (LULAC) MOTHERS AGAINST DRUNK DRIVING influences changes in state law concerning penalties for driving (MADD) under the influence of alcohol THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE advocates for African American civil rights (NAACP) NATIONAL RIFLE ASSOCIATION (NRA) focuses on the 2nd amendment rights (anti-­big government) NATIONAL RIGHT TO LIFE COMMITTEE seeks to make abortion il egal NATIONAL ORGANIZATION FOR WOMEN supports women’s right & abortion rights (NOW) PEOPLE FOR THE ETHICAL TREATMENT advocates for animal rights OF ANIMALS (PETA) PROMISE KEEPERS represents evangelical Christians and conservative views environmental group focuses on conservation issues maintaining SIERRA CLUB clean air and water standards 84 MASS MEDIA 85 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS MASS MEDIA TYPES OF MEDIA MEDIA TYPE DESCRIPTION -­Local Newspapers (Ex: Las Vegas Sun) & National Magazines (Ex: Time Magazine) -­yellow journalism: newspaper publishing (late 19th century) featured PRINT MEDIA sensationalized and oversimplified news coverage. -­muckraking: (early 20th century) journalism concerned with reforming government and business conduct. FDR use to inform Americans directly with “fireside chats”. Invention of RADIO NEWS television made it less popular. 12% of Americans reported getting their news (BROADCAST MEDIA) from talk radio in 1997. By 2005 it was up to 22% of Americans. This media is currently used much more by conservatives. Most homes had televisions by the 1960’s. In 2007, 65% of Americans claimed TELEVISION to get their news from television whereas only 27% read newspapers. C-­SPAN NEWS AND C-­SPAN 2 cover Congress. Nightly and weekly news programs inform (BROADCAST MEDIA) viewers on events. Saturday Night Live and the Daily Show entertain and inform viewers. INTERNET In 2007, 29% of American claimed to receive news from the Internet which was (THE NEW MEDIA) up from 9% in 2000. (Examples: blogs, news websites, and social media) -­Mass media: the entire array of organizations through which information is col ected and disseminated to the general public. -­News media: media providing the public with new information about subjects of public interest. FUNCTIONS OF THE MEDIA SHORT FUNCTION LONG DESCRIPTION DESCRIPTION Producer, anchors ,editors, and writers set the news agenda. They have to decide what is news worthy. There is not GATEKEEPER DECIDING WHAT enough air time or space to give al the news that happened. MAKES THE NEWS They have to pick and choose. If the American people are aware of something the government is more likely to get involved. The media tracks political successes and failures. During REPORTING campaign season they update their readers and viewers on SCOREKEEPER SUCCESSES & the success of the competing candidates (AKA: Horse race journalism). Scorekeeping does continue onward after the FAILURES election is over judging and reporting on opinion pol s of sitting presidents. REPORT Reporters look for corruption, scandal, or inefficiency. The WATCHDOG SCANDALS & media has an obligation to report american abuses and CORRUPTION mistakes of its officials. 86 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS MASS MEDIA MEDIA INFLUENCE POSSIBLE EFFECTS DESCRIPTION IGNORANT PEOPLE Reporting can sway those who are uncommitted and have not strong opinion in the first place. EXOTIC TOPICS The media is likely to have a greater impact on topics far removed from the lives and experiences of readers and viewers. AGENDA SETTING News organizations can influence what we think about, even if they cannot determine what we think. The process by which a news organization defines a political issue and FRAMING consequently affects opinion on the issue. (Example: A ku klux klan story could be framed as a civil rights story exercising the freedom of speech, or it could be framed as a law and order story in which they were disturbing the peace. Both stories would interpreted very differently by the audience) The media has the power to indirectly influence the way the public views INDIRECT politicians and government. (Example: Presidential elections are often related to the voters assessment to the economy. So if the news chose not to highlight the bad economy for a while the sitting president might do better) Media effects: The influence of news sources on public opinion. GOVERNMENT’S RELATIONSHIP WITH THE MEDIA BRANCH OF DESCRIPTION GOVERNMENT -­Bully pulpit: a stage from which a president can persuade the public who then would persuade Congress. -­Press Secretaries hold (almost daily) press conferences in which they have PRESIDENTS rehearsed answers to likely questions. (EXECUTIVE BRANCH) -­This briefing room has 60 reporters to cover the president daily and another 2,000 have White House press credentials. The president's communication team can alter or revoke press credentials or seating assignments to discipline hostile reporters. -­ Rol Cal and The Hil are two notable papers that cover Congress. CONGRESS -­In the late 1970’s, C-­SPAN (Cable-­Satel ite Public Affairs Network) which is a (LEGISLATIVE BRANCH) privately funded, nonprofit public service. (C-­SPAN 2 came in 1986 to cover Senate at same time). Cameras are general y not al owed in federal court, which is why we see COURTS drawings of people on the stand on the news. There are reporters covering (JUDICIAL BRANCH) these stories and they do go into court to view the proceedings. They are often seen reporting from outside the courthouse. 87 AP AMERICAN GOVERNMENT STUDY GUIDE LINKAGE INSTITUTIONS MASS MEDIA FREEDOM OF PRESS ITEM DESCRIPTION In New York Times v. United States (1971) the Supreme Court PRIOR RESTRAINT assured that the haty cry of national security does not justify censorship in advance and that the government does not have to power of prior restraint. In Branzburg v. Hayes (1972) the Supreme Court ruled that ANONYMOUS knowledge a reporter col ects is “everyman’s evidence” and cannot SOURCES be legal y withheld. Some States have created shield laws to protect journalists from this, but federal y there is not law. LIBEL & SLANDER If a publication or broadcast lies about an individual and defames them. That individual has the right to sue the publican or reporter. The Federal Communications Commission (FCC) regulates electronic media. It currently commissions licenses to stations, REGULATING assures equal time to political candidates, balanced coverage of AIRWAVES controversial issues, facilitates non commercial public broadcasts, prevented rigged game shows, and assured decency on radio and television. -­In the late 1960’s Congress passed the Corporation for Public Broadcasting Act which created the Corporation for Public CORPORATE VS. Broadcasting (CPB) to develop noncommerical television and radio. It subsidizes a TV Network, Public Broadcasting Service (PBS) and PUBLIC MEDIA a radio network, National Public Radio (NPR). -­In 1996, Telecommunications Act deregulated ownership and al owed large corporations to purchase more media outlets. The first amendment al ows for the freedom of the press. Anyone can print anything, but the government can punish the publishing of “improper, mischievous, or il egal” material. MEDIA BIAS BIAS IN FAVOR OF LIBERALS BIAS IN FAVOR OR CONSERVATIVES Network Evening News PBS Newshour Fox News CNN Majority of talk radio shows MSNBC There is a lot of data about negative reporting on candidate coverage. There is definitely biases in the media. In the 2008 presidential election only 9% of the stories examined issues positions and candidate qualifications. 88 UNIT 5: GOVERNMENT INSTITUTIONS MAIN TOPICS CONGRESS THE PRESIDENCY THE BUREAUCRACY THE JUDICIAL 89 CONGRESS 90 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL POWERS EXPRESSED IMPLIED NON-­LEGISLATIVE (ENUMERATED) POWERS POWERS POWERS Powers that are Powers that congress Powers that are found in the actual y written out in is implied to have to Constitution which give Description: Article I of the help them carry out Congress powers that do Constitution. expressed powers. not relate to making laws. Supreme Court declared in McCul ough v Maryland that the necessary and Reasoning: Stated in Constitution proper clause (Elastic Stated in Constitution Clause) gave Congress the right to have implied powers if they helped carry out expressed powers. ● Create tax laws & ● Investigative ● Tax punish evaders ● Spend ● Use tax revenues to information to ● Coin Money fund welfare, public become informed ● Borrow Money schools, health and (House & Senate) ● Set Bankruptcy Laws housing programs ● Regulate Interstate ● Establish the Federal ● Propose Commerce Reserve System of Amendments (⅔ ● Regulate banks International Trade ● Regulate & limit House and Senate) ● Declare War immigration ● If no one wins 270 of ● Raise & Support ● Draft Americans into electoral votes, pick Examples: Armed Forces military ● Make Naturalization ● Establish a minimum the President Laws wage (House) and Vice ● Establish a Postal ● To ban discrimination President (Senate) System ● To pass laws ● Protect against protecting the ● Impeachment (bring copyright disabled. charges) (House) & infringement ● To regulate banking ● Fix weights & ● To prohibit mail fraud convict (Senate) measures & obstruction of the ● Confirm ● acquire, manage, mails) appointments & and sel federal lands ● To bar shipping of certain items through treaties (Senate) mail -­Most implied powers are justified (according to Supreme Court) as needed to carry out the expressed Commerce Power of Congress. 91 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS KEY DIFFERENCES BETWEEN THE HOUSE AND SENATE HOUSE OF SENATE REPRESENTATIVES Total Members 435 100 State Based on population Equality Representation (census determines apportionment) (2 per State) ● Must be at least 25 ● Must be at least 30 Membership ● Citizen for 7 years ● Citizen for 9 years Qualifications ● Resident of the State ● Resident of the State Terms 6 Years 2 Years (Continuous Body: ⅓ up for reelection (Unlimited) every two years) ● Original y selected by State Elected Legislature ● Always directly elected. ● 17th Amendment (1913) changed it to direct elections. Exclusive ● Consent on presidential ● Initiate revenue bil s appointments Power ● Approve treaties Firing Public ● Impeachment ● Tries impeached officials Officials (indict or charge someone with a crime) (choose to convict or fire) ● More centralized ● Stronger leadership ● Less centralized ● More rules (Rules Committee: ● Weakers leadership determines amendments & debate ● Less Rules (debate ends with Differences in limits on floor for each bil ) unanimous consent or cloture ● More impersonal ending a filibuster) Operation ● Power distributed less evenly ● More personal ● Members are highly ● Power distributed more evenly specialized ● Members are generalists ● Emphasizes tax and revenue ● Emphasizes foreign policy policy ● Power centralized in the ● Senate workload increasing Speaker’s inner circle of and institution becoming more advisers Changes in the formal;; threat of filibusters more ● House procedures becoming frequent than in past Institution more efficient ● Becoming more difficult to pass ● Turnover is relatively high legislation (although those seeking reelection ● Turnover is moderate almost always win) Bicameral: Two house legislature. In order for a bil to become law it must be passed by a majority of both houses. 92 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL MEMBERS’ DEMOGRAPHICS CONGRESS IN CATEGORY HOUSE OF REP SENATE GENERAL Less Male & Less White over time. Overall Trend in Quicker to Change Slower to Change (Most Common is stil : Demographics White Male, Middle Aged, Protestant, Lawyer) Median Net Richer than $75,000 $1.7 milion Worth (2008) average Americans Average Age Older than average (111th 56 years-­old 62 years-­old Americans Congress) Most diverse thus Women 80% Men 80% Men far. Membership of (114th 20% Women 20% Women women doubled by Congress) (20 Women: 14D 6R) (84 Women: 62D 22R) 95 and again by 05. 79.1% White 94% White Race House is more 10.1% Black 2% Black (114th diverse than the 7.8% Hispanic 3% Hispanic Congress) Senate. 2.3% Asian 1% Asian 57.7% Protestant (251) 55% Protestant (55) 31.7% Catholic (138) Religion 26% Catholic (26) General y become 4.4% Jewish (19) (114th 9% Jewish (9) less Protestant over 2.1% Mormon (9) Congress) 7% Mormon (7) time. 1.1%Orthodox-­Christian 2% Non Religious (2) (5) Much more Education 399 of 435 (92%) are 97 out of 100 (97%) are education than the (2008) col ege graduates. col ege graduates. general public (over ⅔ of both houses hold advanced degrees) -­Congress is more Political Party 188 Democrat 44 Democrat polarized than (114th 246 Republican 54 Republican American public. Congress) 1 Vacant 2 Other (Majority party shifts frequently since WW2) 93 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS ADVANTAGES OF INCUMBENCY ADVANTAGE DESCRIPTION Name Recognition After years of media exposure, undecided voters often select a candidate whose name is familiar to them. Members of Congress have access to many groups that fund races, Campaign Costs and senators are often privately wealthy enough to finance their campaigns. Free communication with the home constituents throughout a term Franking helps with name recognition and sharing about pork. (Legal y, they could mail you everyday for free) Pork Projects & Local jobs and contracts help build local support, and members of Congress are not shy about reminding their constituents about the Claims of Credit source of benefits. As leaders get more influential position, voters feel that they gain Seniority Powers power in Congress as wel . They hesitate to start over with a new face. Party Support Party organizations are reluctant to turn on loyal members, who are also proven winners. Lobby Support Groups that give money to exert influence are reluctant to gamble on lesser-­known outsiders. -­Incumbents: A person seeking reelection for office. (They already have the job, just want another term) -­Marginal District: Close election, general y win by less than 55%. -­Safe District: Incumbents win by 55% or more. -­Political Parties often focus time and resources trying to win marginal districts. -­Pork-­barrel legislation (makes up 2.5% of national spending) give tangible benefits (highways, post office) to constituents in hope of gaining votes. -­Pork: nickname for those tangible benefits -­Sidenote on Pork: Impossible to remove from Congress because you cannot tel if a member is getting a bridge for a district because they need pork or maybe that district or State real y needs that bridge. Also some feel they need to be able to deal like this so they do not resort to bribery. -­Earmarks: money that appropriation bil designates for specific projects in certain districts or States. 94 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL LEADERSHIP HOUSE OF REPRESENTATIVES SENATE ROLE DESCRIPTION ROLE DESCRIPTION P P The Vice President of R R President of E E the United States. (Only S S the Senate votes to break a tie so they are I I D D never real y there) I I The presiding officer of N N Speaker of the G G the House. (Most powerful Presiding Officer if VP House O O position in the House) is not there. F F President Pro F F (They are not as powerful as I I Tempore Speakers so they often al ow C C junior members to preside for E E R R them) S The leader of the party The leader of the party control ing the most control ing the most Majority Leader seats. Tries to advance Majority Leader seats. Tries to party goals. advance party goals (2nd most powerful position in the (Most powerful position in House) Senate) P P A Serves as a liaison Serves as a liaison A R between the party’s between the party’s R T leadership and leadership and T Y Majority Whip rank-­and-­file members. Majority Whip rank-­and-­file members. Y (Assist party leaders by staying in (Assist party leaders by staying O contact with party members to in contact with party members O see how they plan to vote) to see how they plan to vote) F F F The leader of the party The leader of the party F I control ing the 2nd most control ing the 2nd I C Minority Leader Minority Leader seats. Tries to advance most seats. Tries to C E party goals. advance party goals. E R R S Serves as a liaison Serves as a liaison S between the party’s between the party’s leadership and leadership and Minority Whip rank-­and-­file members. Minority Whip rank-­and-­file members. (Assist party leaders by staying in (Assist party leaders by staying contact with party members to in contact with party members see how they plan to vote) to see how they plan to vote) -­Congressional leaders are elected by Party Caucuses (or Party Conference): A formal gathering of al party members. -­Majority party: The political party in each house of Congress with the most members. -­Minority party: The political party in each house of Congress with the second most members. -­Overal trend of decentralization of congressional leadership since mid 20th century. Thus individual members are seen as more powerful. 95 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS THEORIES ON CONGRESSIONAL VOTING THEORY DESCRIPTION REPRESENTATIONAL They vote to please their constituents. (DELEGATE) -­Constituents: people who voted the member into office ORGANIZATIONAL They vote to please their party leaders and col eagues. (PARTISAN) -­Logrolling: vote trading ATTITUDINAL They vote based on their own judgement. (TRUSTEE) -­Politico: When a congress member regularly alternates between al three theories due to circumstance. -­Most members vote attitudinal y or organizational y unless a majority of constituents opinions are known and they are paying attention. INFLUENCING CONGRESS INFLUENCED BY DESCRIPTION Overal priorities for legislation are created, and committee Political Party memberships are determined. People back home may not vote their members back for Constituents another term if they disagree with Congress’s output. These can be critical sources of media or campaign support. Colleagues & Caucuses Pressure is applied for loyal votes and the advancement of their group’s goals. Interest Groups Thier access to information, staff members, and campaign use of Lobbyists contributions helps influence bil s and their content. Interest Groups use of They control votes through pressure and campaign fund Political Action access. Committees (PAC’s) The level of expertise from staff members on issues can Staff Members guided Congress’s votes. Their reports and recommendations could alter opinions of Congressional Agencies Congressional members. Media access, public support, leadership, and the setting of The President national priorities affects Congress’s work. Independent Agencies & Vast bureaucracies control the way issues are addressed, the Executive Agencies way rules are administered, and the way laws are enforced. 96 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL COMMITTEES TYPE OF COMMITTEE DESCRIPTION EXAMPLE Permanent: STANDING (A committee that is there from one Senate Finance Committee congress to another) Senate Select Committee of SELECT (SPECIAL) Temporary: Presidential Campaign (Appointed for a specific purpose) Activities Members are from both the JOINT House and the Senate. Joint Committee on Taxation (To stop duplication of work) A joint committee that CONFERENCE creates compromise bil s (reconcile differences) IMPORTANT CONGRESSIONAL COMMITTEES HOUSE OF REPRESENTATIVES SENATE NAME FUNCTION NAME FUNCTION Federal discretionary Federal expenditures Appropriations Appropriations spending programs are are control ed here. set. Oversight of Oversight of Budget Budget government agencies government spending. and spending is done. Debate rules, bil sequence, and rules of Taxation legislation, Rules Finance amendments for floor social security. action are set. Policy debates and Taxation legislation, Foreign Ways & Means treaty votes are main social security. Relations duties. Look into impeachment Judges and justices are resolutions and make Judiciary Judiciary questioned and recommendation to possibly confirmed. entire House. 97 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS HOUSE RULES COMMITTEE RULE DESCRIPTION CLOSED RULE ● Strict time limit for debate. ● Does not al ow amendments. MODIFIED CLOSED RULE ● Al ows Some Amendments (RESTRICTIVE RULE) (Usual y can only add amendments to certain portions of the bil ) SPECIAL RULE ● Sets guidelines time for debate and for amendments process. OPEN RULE ● Al ows more time for Debate ● Al ows Amendments MODIFIED OPEN RULE ● Stricter time for Debate (than open rule permits) ● Al ows Amendments BYPASSING THE RULES COMMITTEE: 1) A member can move that the rules be suspended, which requires two-­thirds vote 2) A discharge petition can be filed 3) The House can use the “Calendar Wednesday” procedure (committee can bring up any bil , but must be done in one day) LEGISLATIVE COMMITTEE OPTIONS ON BILLS COMMITTEE ACTION DESCRIPTION RECOMMENDATION Recommend the bil is passed by the entire house of Congress. Amend or change the bil to their liking before recommending it AMEND to Congress. -­Also known as during markup: They are rewriting the bil REJECTION Vote to kil the bil . SUBSTITUTION Substitute an entirely new bil . (Like if they received a pro-­abortion bil , the committee could report to Congress a bil that was anti-­abortion) PIGEONHOLE The bil is ignored and never acted on. (Happens to majority of bil s) -­Multiple Referral: bil goes to several committees simultaneously. Sequential referral: Send bil to second committee after first is done. -­Most bil s deserve their fate of dying in committee. However, if people in Congress are upset that a bil is stal ed in committee for 30 days (or 7 days in the Rule Committee) a discharge petition to blast the bil onto the floor. -­Discharge petition procedure: Majority (218) members sign a discharge petition, the committee has 7 days to report the bil , if not any member (on 2nd & 4th monday of each month) can cal for motion to be brought to the floor, if majority agrees the bil is immediately brought to the floor. -­Discharge petitions overal are rarely tried and usual y fail. Also it is real y only used in the House of Representatives due to Senate procedures for adding amendments to bil s easily. -­Subcommittees (there is like 150 between the 2 houses): Is a division of existing committee that is formed to address specific issues. They usual y hold informational­gathering activities like public hearings or trips out of Washington to witness areas affected by legislation. -­Rider: a bil that has amendments that do not directly relate to the main bil . Christmas Tree: a bil that has a lot of riders 98 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS VOTING METHODS (DONE ON HOUSE & SENATE FLOOR) VOTING METHOD DESCRIPTION Members shout “yea” in approval or “nay” in VOICE VOTE disapproval, permitting members to vote unanimously on bil s. (They do not keep track of who voted for what) DIVISION VOTE Members stand and are counted. (STANDING VOTE) (They do not keep track of who voted for what) Members pass between two tel ers, the “yeas” first and TELLER VOTE the “nays” second. (Since 1971, the clerk wil write down how members voted if 20 member request them to keep track) ROLL-­CALL VOTE Members answer “yea” or “nay” (Can be down if ⅕ request) (Electronic voting system instal ed in 1973) -­Quorum: minimum number of members must be present for business to be conducted. (218 for the House & 51 in Senate) -­Committee of the Whole: In the House only, they need 100 members to form this super committee which debates & amends the bil . Then the entire House is cal ed back to vote on yes or no on this newly changed bil . STAFF MEMBERS STAFF MEMBERS ROLE DESCRIPTION Each Congress member has 17-­40 staffers to help them of Serve the which ⅓ of them stay in local office to help their constituents Constituents answering mail, handling problems, sending out newsletters, and meeting with voters. Assist in Most Congress members serve on 2 committees and 7 Creating Legislation subcommittees need help researching and writing legislation. Some staffers are more like secretaries or personal assistants Complete Routine Tasks in that they answer phones and pick up dry cleaning. Attempt to They give information to reporters and act as sources to help Influence Media their boss take credit for this new and important legislation. Communicate Meeting with Lobbyist to hear opinions and become informed with Lobbyists takes a lot of time so staffers assist by taking meetings. Communicate with Deals made regarding voting can be made by two staffers other Staffers who do not actual y get to vote. -­Staffers have a lot of influence in how Congress members vote. They also have made Congress less col egial and more individual. A Congress member is surrounded by their staff and so they discuss business with other congress members less. 99 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS STAFF AGENCIES STAFF AGENCY DESCRIPTION ● Created in 1914. ● Responds to a quarter of a mil ion requests from CONGRESSIONAL Congress members for information. RESEARCH ● Conducts non-­partisan studies of public issues SERVICE and conducts major research projects for (CRS) committees at the request of members. (Administered by Library of Congress) ● Prepares summaries and tracks progress of al bil s introduced. ● Created in 1921. ● Independent Agency that audits financial GOVERNMENT expenditures of the executive branch and ACCOUNTABILITY federal agencies. OFFICE ● Set government standards for accounting. (GAO) ● It provides a variety of legal opinions. ● It settles claims against the government. ● It conducts studies upon congressional request. ● Created in 1974. ● Evaluates the economic effect of different CONGRESSIONAL spending programs and to provide information BUDGET on the cost of proposed policies. OFFICE ● It is responsible for analyzing the president's (GBO) budget and economic projections. ● Provides members with a valuable second opinion to use in budget debates. -­Between congressional staffers and staff agencies Congress was actual y the most rapidly growing bureaucracy in Washington until the 1990’s. BILLS & RESOLUTIONS ITEM DESCRIPTION A proposed Law. BILL (Public bills: deals with everyone) (Private bills: deals with specific, private, personal, or local matters) JOINT RESOLUTION Requires approval of both houses & president (except constitutional amendments which needs no presidential approval. CONCURRENT RESOLUTION Both houses express an opinion. (Freedom Fries) (Not Law) This deals with procedure in the one house which SIMPLE RESOLUTION passed it. 100 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS HOW A BILL BECOMES A LAW LEGISLATIVE ACTION ● INTRODUCE BILL Only a Senator can propose in the Senate. Only a House member can propose in the House of Representatives. ● COMMITTEE ACTION They can pass, slightly change, substitute entirely or ignore. ● FLOOR ACTION Debate and Vote (MAYBE Amend, depends on Rules Committee rules in the House) ● BILL GOES TO OTHER HOUSE If it started in House then it must go to Senate or vice versa. ● COMMITTEE ACTION They can pass, slightly change, substitute entirely or ignore. ● FLOOR ACTION Debate and Vote (MAYBE Amend, depends on Rules Committee rules in the House) ● CONFERENCE COMMITTEE A type of Joint Committee that produces 1 compromise bil (when House & Senate produce 2 bil s that are different from one another) ● BOTH HOUSES VOTE Conference committee changed bil again, but no bil goes to the President until a majority of both houses approve. ● APPROVED BILL GOES TO THE PRESIDENT PRESIDENTIAL ACTION TWO WAYS FOR PRESIDENT TO PASS IT ● Sign the bil into law ● If Congress is in session, wait 10 days and do nothing and the bil wil pass. TWO WAYS FOR PRESIDENT TO STOP IT ● Veto bil (Attach a veto message saying why it was denied) (⅔ of Congress could override veto) ● Pocket Veto: If Congress it out of session, wait 10 days and do nothing and the bil wil die. 101 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS CONGRESS CONGRESSIONAL CHECKS IF THIS BRANCH DID THIS THEN CONGRESS COULD EXECUTIVE override veto with ⅔ vote of Veto a bil (President) both houses EXECUTIVE appoint a judge or approve or deny (President) department head EXECUTIVE set up a treaty ratify or deny (Department of State) Oversight: They hold investigative hearings and have a program review to EXECUTIVE interpret or enforce a law in possibly: (Department of Health & Human a way other than Congress ● pass new legislation that Services) intended alters activities or discretion ● refuse to appropriate funds ● abolish existing programs or agencies EXECUTIVE Implements a major rule or Congressional review: (Federal Communication regulation that Congress Congress has 60 days to Commission) does not agree with disapprove (with presidential consent) EXECUTIVE commits treason, bribery, or impeach (House) and convict (President) other high crimes (Senate) War Powers Act 1973: ● President must notify Congress within 48 hours if EXECUTIVE Send troops to France our troops are sent to (President) #freedomfries foreign soil. ● President must withdraw troops within 60 days unless Congress approves. ● Change the size of the Supreme Court ● Change the appel ate Repeatedly throws out laws SUPREME COURT jurisdiction as unconstitutional ● Change the structure of the federal court system ● Change the judiciary budgets 102 THE PRESIDENCY 103 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY QUALIFICATIONS FOR PRESIDENCY COMMON CHARACTERISTICS CONSTITUTIONAL OF OUR PRESIDENTS QUALIFICATIONS (THESE ARE NOT OFFICIAL QUALIFICATIONS) (ALSO PRESIDENTS HAVE BEEN ELECTED THAT DID NOT SHARE THESE CHARACTERISTICS) ● Male ● European American ● Middle-­Aged ● Wealthy ● At least 35 years old ● Protestant Christian ● Native born citizen ● Col ege Graduate ● Resident for 14 years ● Healthy ● Attractive (Some seem ugly to Meenan) ● Married ● Leadership or Military Skil s ● Debates Wel -­Youngest elected were Teddy Roosevelt and JFK at age 43. Oldest were Harrison & Reagan in their 60’s. -­Television had large impact on campaigns, now they need to look good (or presidential) and debate wel . -­There are only 3 qualifications. Legal y they are no other reasons to exclude someone from running for President. PRESIDENTIAL BENEFITS BENEFITS ● Live in mansion (You know, the White ● Secret Service protection (guaranteed for House) 10 years after term)A White House staff of ● Salary of $400,000 annual y over 400 people ● Expense account of $50,000 ● Vacation home: Camp David ● Travel expenses of $100,000 ● Personal airplane: Air Force One ● A pension on retirement equal to cabinet ● Personal chef member ● Personal doctor PRESIDENTIAL ELECTIONS TWO MAIN PHASES DESCRIPTION Candidates try to win a party’s nomination. There are caucuses and NOMINATIONS primaries held in the States where citizens of both parties vote for their pick. Each party has set a number of delegates a candidate must receive in order to win the party nomination. Electoral College: Electors (each state has same number as GENERAL ELECTION Senators and House Members) of each state select the President. Our votes determine how our State's’ Electors wil vote. The candidate that receives at least 270 Electoral Votes wins 104 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY PERSONALITY EXPANDS THE POWER OF THE PRESIDENCY PRESIDENT WHAT THEY DONE DID ● Military man with headstrong demeanor ● Served in House and Senate ● Used veto 12 times (more than al predecessors combined) ANDREW JACKSON ● Opposed the National Bank ● Led the Southern Expedition that evacuated Native Americans ● Popular among farmers and workers in an age of expanded suffrage ● General y he assumed sweeping presidential powers (breaking constitution provisions) after the South seceded in order to save the union: ● Assembled the militia ● Enlarged the Army and Navy beyond congressional appropriation ABRAHAM LINCOLN ● Suspended habeas corpus: people can explain to Court why they should not be detained. ● Arrested ‘disloyal’ people ● Asserted right to proclaim martial law behind the lines ● Arrested people without a warrant ● Seized property ● Suppressed newspapers ● Brash forward manner earned him respect ● Rough rider with military experience in the Spanish American War. THEODORE ● Progressive actions for environmental conservation and ROOSEVELT against corporate giants ● “Speak softly and carry a big stick” ● His stewardship theory: belief that President can do anything unless the Constitution says otherwise ● Progressive policies included 8 hour work day and to prvent child labor abuses ● He led the country into World War I and was seen as WOODROW WILSON successful ● He became sick and could not get his post war plans accomplished (like getting Senate to ratify the League of Nations) and finished his term as invalid. ● New Deal policies fundamental y changed the role of FRANKLIN DELANO government (minimum wage, social security, public works) ● He moved to pack the Supreme Court with supporters ROOSEVELT ● Mobilized a nation during World War II ● Relocated Japanese Americans in the name of security COLD WAR & ● 1974 in peacetime created Central Intel igence Agency to spy overseas to anticipate problems THROUGHOUT 1990’S ● Overthrow leaders and replace with more favorable ones 105 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY CONSTITUTIONAL AMENDMENTS DEFINING THE PRESIDENCY AMENDMENT DESCRIPTION Electors vote for President and Vice President. 12TH AMENDMENT (1804) (Problem arose due to political parties running two candidates in 1800 when Jefferson & Burr tied) 20TH AMENDMENT (1933) Inauguration date moved from March 4 to January 20. Limits a president’s tenure to two terms or 10 years. 22ND AMENDMENT (1951) (Only one did more than 2 terms, FDR was elected 4 times) (A vice president can take over for a president who has died for two years without it counting as one of their terms, hence they could serve 2 + 4 + 4 = 10 years max) 23RD AMENDMENT (1961) Awards electors to the District of Columbia (Washington, DC) (They currently have non voting members in Congress) 25TH AMENDMENT (1967) Addresses presidential vacancy and disability -­Remember that amendments are proposed by ⅔ of Congress and approved by ¾ of State Legislatures. -­A presidential term is four years as stated in Article 2 of Constitution (this is not real y on any chart because, Come on! This is AP! PRESIDENTIAL POWERS TYPE OF COMPLICATED STRAIGHT FORWARD POWER NUANCE -­Executive order: a directive, rule, or regulation that has the effect of law -­Presidents can remove officials that EXECUTIVE (used to carry out laws) (Also known as were appointed except from Ordinance Power from Constitution & Acts of POWERS Congress) commissions (because they are supposed -­Appoint top officials to agencies and to be more removed from politics) departments -­Make treaty (with Senate approval) -­War Powers Act (1973): -­Executive Agreements (no approval 1) President must report entering another DIPLOMATIC/ needed from Congress) nation to Congress within 48 hours MILITARY POWERS -­Power of Recognition 2) Congress must approve extending past 60 (decides if days countries exist) 3) Congress can pass concurrent resolution -­Commander in chief to end combat -­Attempts to influence Congress LEGISLATIVE -­Signs and Vetoes bil s members (& public support) to pass POWERS legislation (State of the Union Address, bul y pulpit) JUDICIAL POWERS -­Appoints Judges -­Presidents general y pardon criminals -­Clemency Powers near end of last term 106 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL ROLES ROLE IN DESCRIPTION OF ROLES/POWERS CONSTITUTION ● Persuades citizens & law-­makers to Art 2 support bil s with bully pulpit: (When presidents Chief Legislator Sec 3 take advantage of the prestige and visibility of the (Art I, Sec 7) presidency to mobilize the American people) ● Signs or vetoes legislation ● Appoints diplomats & ambassadors (Senate confirms) ● Creates Treaties (Senate confirms) Art 2 Chief Diplomat ● Creates Executive Agreements Sec 2 (An Clause 2 agreement between two nations that does not require Senate approval) ● Power of Recognition: The president decides if other nations are nations. ● In charge of the nation’s military ● However, Only Congress can declare war Art 2 Commander in Chief Sec 2 ● Also limited by the War Power Act of 1973 Clause 1 (Must alert Congress of military action within 48 hours. Congress can vote to approve or disapprove within 60 days) (Some argue this Act is unconstitutional) ● Ceremonial head of government.(Acts as a Chief of State Art 2 Sec 3 symbol leader of the country, host officials from other nations) -­Clemency powers for federal crimes: ● Reprieve: to postpone punishment Art 2 Chief Magistrate ● Pardon: to forgive for crime (no punishment) Sec 2 Clause 1 ● Commute: to reduce a punishment ● Amnesty: to pardon an entire group of law violators ● The head of the executive branch. (Appoints Chief Executive Art 2 Sec 1 & 3 diplomats, judges, and agency heads with Senate Confirmation) Chief Administrator Art 2 ● Director of the bureaucracy (2.7 mil ion civilians Sec 3 work to carry out laws Congress creates, spending tril ions) Chief Citizen ● President should look out for al american NOPE citizens, not just the majority. ● Presidents are the most famous/powerful Chief of Party NOPE person in their political party. (Hence they are considered a leader) -­Many books wil merge chief executive and chief administrator as one job, they may refer to either job title, it is way annoying. -­President could convene congress. Not important now because Congress now sits in year­round sessions. 107 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTS OPTIONS FOR BILLS IF CONGRESS PASSES A BILL AND THE THEN HE/SHE CAN PRESIDENT Sign the bil into law. APPROVES OF BILL Do nothing and the bil wil become law (BUT ONLY If Congress is in session) Veto or refuse to sign the bil (Attach a veto message declaring why they refuse to sign the bil into law) DISAPPROVES OF BILL Pocket Veto: Do nothing and the bil wil NOT become law (BUT ONLY if Congress is out of session) PRESIDENTS POWER TO SAY NO POWER DESCRIPTION EFFECTIVENESS -­Veto message: signs a statement and sends to Congress explaining why they didn’t like the bil enough to sign into law. -­Substantial Power -­Pocket Veto: Doing nothing to a bil for -­2,500 Bil s were vetoed between Veto 10 days while Congress it out of session. Washington & Clinton. -­Line item Veto: vetoing part of spending -­Only 4 percent were overridden. bil while approving the rest (Enhanced -­Threat of veto is powerful. Rescission existed in 1996, very similar, but Supreme Court says it was unconstitutional. United States V. Nixon (1974), the Supreme Court decided that executive Executive Essential y means that a President does privilege does exist especial y for not have to divulge information that was Privilege military matters, but this does not shared at meetings in the White House. excuse a President from judicial action under al circumstances. Budget Reform Act of 1974 states Impoundment When a president does not spend money that a President must spend money of Funds that Congress has appropriated. that Congress appropriates. Congress (Presidents have been doing this since Jefferson) must approve delay or not spending $. Supreme Court has al owed signing They are used to express presidential Signing statements to clarify the unclear attitudes about law, to tel the executive legislative intent of law, it has never Statements branch how to implement it, or to express given a clear verdict about belief a law is unconstitutional. constitutional significance. 108 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY THE OFFICE OF THE PRESIDENT OVERALL EXAMPLES DESCRIPTION ● Staffers in include: President’s closest assistants Press secretary, chief WHITE HOUSE with offices in the White of staff, chief legal House. The president can pick OFFICE counsel, congressional whoever they want for the liaisons, national jobs. security advisor Agencies report to the ● Office of Management THE President and perform staff and Budget EXECUTIVE services for but are not ● The National Security OFFICE OF THE located in the White House. Council The president picks top PRESIDENT ● Council of Economic officials but the Senate must Affairs confirm them. The heads of the federal ● Secretary of State THE CABINET departments. The president ● Secretary of Treasury picks but the Senate must ● Secretary of Defense confirm. ● Attorney General Independent Executive ● Environmental Agencies: Functions much Protection Agency like Cabinet but are smal er. ● Federal Reserve Independent Regulatory System INDEPENDENT Commissions: Regulate ● Federal aspects of economy. Largely AGENCIES Communications beyond the reach of President. Commission Government Corporations: ● Federal Deposit Carry out business like Insurance Corporation activities in order to provide ● U.S. Postal Service service. ● Amtrak -­Staff Agencies service in a support capacity by offering advice and assistance. -­Line Agencies actual y perform the tasks for which the organization exists. -­The president is the head of the bureaucracy which essential y is the agencies and departments that make up the executive branch which has the primary function of enforcing laws created by Congress. 109 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL MANAGEMENT STYLES MANAGEMENT STYLE DESCRIPTION Rigid top-­down approach that features the President at the top of the pyramid. Chief of staff is next in line, Pyramid fol owed by department heads and then the lesser offices.(Critics argue this system can lead to a president being isolated as they can be cut off of information as the Chief of Staff acts as a gatekeeper) This style is like a large wheel with many spokes. The president is the wheel’s hub while the principal officers Circular are at the many points along the rim. (Critics argue that this open communication can give staffers too much access to the president resulting in a groupthink) Groups (subordinates, cabinet officers, committees, and Ad Hoc tasks forces) report directly to the president. (Critics argue that this system is disorganized and out of control) -­Presidents create a management style that reflects their persona and their operation. A president’s experience, personality, and chosen appointees help to determine White House character and management style. WHITE HOUSE OFFICE STAFF POSITIONS DESCRIPTION ● They are responsible for the smooth operation of the Chief of Staff White House, acting as a gatekeeper for the President. ● Some do the firing, clear up misstatements and corrects errors. ● This job exists because the Attorney General is busy managing a department with more than 100,000 people. Chief Legal Counsel ● Available to give President advice on constitutionality of program ideas ● Reviews legislation, treaties or executive agreements and pardon recommendations Communications Staff ● Press secretary: expresses presidents opinions ● Also speechwriters & public relations experts. Congressional Liaisons ● A team to draft bil s and assist in gaining support in Congress for the legislation the President wants. ● This person oversees the National Security Council. National Security Adviser ● They coordinate information coming from the CIA, the military, and the State Department. -­Some books describe the White House office as the nerve system of the Executive Office of the President. 110 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY EXECUTIVE OFFICE OF THE PRESIDENT OFFICE DESCRIPTION ● Assemble and analyze the figures that into the Office of Management budget the President submits to Congress and Budget ● Studies organization and operations of executive branch ● Helps the President write executive orders ● Consists of the president’s principal advisers on National Security Council matters of national security, defense, intel igence, and war. (Today has 250 people working as support) Council of ● Assists the president in preparing an annual Economic Advisers economic report for Congress. ● Assesses federal government spending ● Negotiates treaties regarding international Office of U.S. Trade commerce. Representation ● Connects with business interests and works to formulate international law. VICE PRESIDENTS THE POINT OF DESCRIPTION THE VICE PRESIDENT Presidents like to choose a running mate, during the BALANCE THE TICKET campaign that wil please a region of the United States to help them gain support. The Vice President is technical y the presiding officer in PRESIDE OVER SENATE the Senate. They vote only if there is a tie. They are usual y not in the Senate chamber. Some Presidents real y like their vice presidents. They SERVE AT DISCRETION put them on tasks forces and invite them to be on the OF PRESIDENT National Security Council. Some do not like them or have them do anything. OH NO, THE The Vice President is next in line if anything happens to the President. (They also serve as acting president PRESIDENT IS DEAD! if they go into surgery or something) 111 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL LINE OF SUCCESSION WHAT HAPPENS... THEN THIS PERSON TAKES OVER IF PRESIDENT DIES? The Vice President becomes President. IF ONLY THE VICE The President picks someone and Congress confirms. PRESIDENT DIES? This the line of succession (passed in 1947): ● Vice President ● Speaker of the House ● President Pro tempore of the Senate ● Secretary of State ● Secretary of Treasury ● Secretary of Defense IF A LOT OF PEOPLE ● Attorney General START GETTING ● Secretary of the Interior ● Secretary of Agriculture ASSASSINATED? ● Secretary of Commerce (HERE IS THE WHOLE LIST) ● Secretary of Labor ● Secretary of Health and Human Services ● Secretary of Housing and Urban Development ● Secretary of Transportation ● Secretary of Energy ● Secretary of Education ● Secretary of Veterans Affair ● Secretary of Homeland Security -­What if al 19 people get assassinated? I don’t know, anarchy??? -­The line of Succession starts with VP, then top leaders in Congress, and then ends with the secretaries of the departments in order of creation. -­So far 8 Presidents have died in office from il ness or assassination. -­So when Nixon was about to resign, his VP quit. Then Nixon picked Ford to be Vice President. Then Nixon quit. Thus Ford picked another VP after becoming President. (Sidenote: He pardoned Nixon) THE FIRST LADY THE LADY WHAT THEY DID Edith Bolling Galt Wilson When her husband was paralyzed she became his surrogate and decided who could see him. Eleanor Roosevelt She wrote for a national paper, traveled and lectured. Later appointed for the United Nations. Hillary Clinton Started on task force for Healthcare. After it did not pass she took on less strenuous and divisive jobs. -­Some first ladies are seen as more powerful than others. But modern first ladies are supposed to take on at least on cause and act as spokesperson for it. They have their own office and communications team to help them utilize the media. 112 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY DIVIDED GOVERNMENT PARTY CONTROL DESCRIPTION EFFECT Just because one party controls both does not UNIFIED The same party controls real y mean that legislation the White House and both GOVERNMENT wil pass easily. There are houses of Congress. different factions within a party. One party controls the DIVIDED Gridlock stops only the White House and another most costly or polarizing GOVERNMENT party controls one or both legislation. houses of Congress. 18 out of 28 congressional elections from 1952-­2008 have produced divided government. -­Some political scientists argue that gridlock is a good thing. THE PRESIDENT AS A POLICY MAKER CATEGORY DESCRIPTION The President must get people to agree with PROPOSING him/her regarding policy issues so their ideas can LEGISLATION become law. (These people include the politicians inside Washington, D.C., politicians outside Washington, D.C., and the general public) The President (with help of Office of Management and Budget) submits a budget to Congress. But Congress has BUDGET PROCESS complete power to fund it. Congress creates appropriation bil to pay for programs and to carry out laws. A rule or regulation issued by the President that has the effect of law. Some are issued to help EXECUTIVE ORDER clarify or implement legislation enacted by congress, other executive orders have the effect of making new policy. -­To gain support for legislation that the President wants, he/she wil often try to mobilize the American People. Thus Congress members wil do what the President wants because their constituents demand it. The Bully Pulpit: is when presidents use the prestige and visibility of the office to gain public support for their policy programs. -­Popularity of a president does make a difference regarding how effective they can persuade the public. -­Executive Orders can be seen as unconstitutional by Supreme Court, like any government action. 113 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS PRESIDENCY PRESIDENTIAL PROGRAM RESTRAINT TYPE OF RESTRAINT DESCRIPTION ADVERSE REACTION The public may dislike the president’s program ideas. Presidents work an average of 90 hours a TIME RESTRAINT week but they can stil only get so much accomplished. Many groups want attention. No President plans on 9/11 or recession UNEXPECTED CRISIS to take place during their presidency but it happens. They have to deal with issues they have not chosen. BUDGET RESTRAINT Congress has the final say on spending bil s (appropriations). 114 THE BUREAUCRACY 115 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY FEATURES OF A BUREAUCRACY FEATURE DESCRIPTION Hierarchical Authority Structure in which one person at the top is in charge and there are subsequent levels with less power. Job Specialization People are experts in particular fields. Formalized Rules There is system for hiring and firing each bureaucrat. -­Bureaucracy: a large complex administrative structures that handles the everyday business of an organization. -­The bureaucracy is sometimes referred to as the “fourth branch” of our government. It is real y departments and agencies that are part of the executive branch, headed by the President, that carries out the laws that Congress passes. -­Our bureaucracy has grown over time, especial y with the New Deal during the Great Depression. SPOILS SYSTEM TO MERIT SYSTEM GENERAL SPECIFIC DESCRIPTION SYSTEM DESCRIPTION WITH TERMS This system existed in the United States, legal y starting in 1820 with the Tenure Office Act. The Spoils System Friends & new president could fire the old president's supporters get jobs appointments and select friends that helped get them elected. Congress passed the Pendleton Civil Service Act in 1833 to prevent the constant rewarding of party Qualified people members. This included written exams for get jobs because application and created the bipartisan Civil Merit System due to their Service Commission to oversee the process. education and/or This coincided with specialization needed to experience. regulate an economy during the Industrial period. In 1939 and 1940 Congress passed the Hatch Act which prohibited federal workers from being directly -­”To the victor belongs the spoils” Andrew Jackson liked the spoils system. -­In 1881, Charles Guiteau tried to persuade President Garfield for job. After Garfield refused, he shot him to death. The renewed reformers desire for government jobs to be given based on merit, skil , and experience -­In 1939 & 1940 Congress passed the Hatch Act which prohibited federal workers from being directly involved with campaigns. This interfered with first amendment. Now they can express opinions but they cannot use their influence of their position on elections. -­Bureaucrat is general y referred to an appointed official. They are selected by President and confirmed by the Senate. Only top government positions are selected by this. Most go through the Civil Service Commision. Other bureaucrats include anyone in the executive branch (including bureaucracy) that carry out some decision or apply some law (administrators, lawyers, doctors, educators, plumbers, carpenters, drivers). -­The competitive service includes jobs that require some type of exam or competitive hiring process. -­The excepted service include al the the others, providing hiring options when the competitive service is not practical. 116 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY BUREAUCRACY GENERAL OVERVIEW OVERALL EXAMPLES DESCRIPTION ● Staffers in include: President’s closest assistants Press secretary, chief WHITE HOUSE with offices in the White of staff, chief legal House. The president can pick OFFICE counsel, congressional whoever they want for the liaisons, national jobs. security advisor Agencies report to the ● Office of Management THE President and perform staff and Budget EXECUTIVE services for but are not ● The National Security OFFICE OF THE located in the White House. Council The president picks top PRESIDENT ● Council of Economic officials but the Senate must Affairs confirm them. The heads of the federal ● Secretary of State THE CABINET departments. The president ● Secretary of Treasury picks but the Senate must ● Secretary of Defense confirm. ● Attorney General Independent Executive ● Environmental Agencies: Functions much Protection Agency like Cabinet but are smal er. ● Federal Reserve Independent Regulatory System INDEPENDENT Commissions: Regulate ● Federal AGENCIES aspects of economy. Communications Commission Government Corporations: ● Federal Deposit Carry out business like Insurance Corporation activities in order to provide ● U.S. Postal Service service. ● Amtrak -­Staff Agencies service in a support capacity by offering advice and assistance. -­Line Agencies actual y perform the tasks for which the organization exists. -­The president is the head of the bureaucracy which essential y is the agencies and departments that make up the executive branch which has the primary function of enforcing laws created by Congress. 117 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY WHITE HOUSE OFFICE STAFF POSITIONS DESCRIPTION ● They are responsible for the smooth operation of the Chief of Staff White House, acting as a gatekeeper for the President. ● Some do the firing, clear up misstatements and corrects errors. ● This job exists because the Attorney General is busy managing a department with more than 100,000 people. Chief Legal Counsel ● Available to give President advice on constitutionality of program ideas ● Reviews legislation, treaties or executive agreements and pardon recommendations Communications Staff ● Press secretary: expresses presidents opinions ● Also speechwriters & public relations experts. Congressional Liaisons ● A team to draft bil s and assist in gaining support in Congress for the legislation the President wants. National Security ● This person oversees the National Security Council. ● They coordinate information coming from the CIA, the Adviser military, and the State Department. -­Some books describe the White House office as the nerve system of the Executive Office of the President. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE DESCRIPTION ● Assemble and analyze the figures that into the budget Office of Management the President submits to Congress and Budget ● Studies organization and operations of executive branch ● Helps the President write executive orders National Security ● Consists of the president’s principal advisers on matters of national security, defense, intel igence, and war. Council (Today has 250 people working as support) Council of ● Assists the president in preparing an annual economic report for Congress. Economic Advisers ● Assesses federal government spending Office of U.S. Trade ● Negotiates treaties regarding international commerce. ● Connects with business interests and works to Representation formulate international law. 118 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY THE DEPARTMENTS IMPORTANT DEPARTMENT PRINCIPAL FUNCTION AGENCIES -­Advises the President of foreign policy -­Foreign Service State (1789) -­Negotiates agreements with foreign countries -­Bureau of Diplomatic Security -­Represents the United States abroad & international organizations -­Bureau of Consular Affairs -­Produces coins and bil -­Internal Revenue Service (IRS) Treasury (1789) -­Col ects Taxes -­US Mint -­Borrows money & manages public debts -­Bureau of Public Debt Defense (1789) -­Provides military forces to deter war and provides security -­Joint Chiefs of Staff -­Army -­Navy -­Air Force -­Prosecutes those accused of violating federal law -­Federal Bureau of Investigation Justice (1870) -­Enforces federal laws & operates federal prisons (FBI) -­Represents the U.S. in court -­Bureau of Prisons Interior (1849) -­Manages public lands, indian lands, and national parks -­National Park Service -­Bureau of Land Management -­Food & Safety Inspection Agriculture (1889) -­Manages nation's forests -­Inspects food Service -­Farm service Agency -­Conducts census -­Bureau of Census Commerce (1903) -­Promotes international trade -­Patent and Trademark Office -­Grants patents & registers trademarks -­Economic Development Admin -­Occupational Safety and Labor (1913) -­Enforces federal laws on minimum wage, maximum hours, and working conditions Health Administration (OSHA) -­Bureau of Labor Statistics Health & Human -­Enforces pure food and drug laws -­Food and Drug Administration -­Administers Medicare & Medicaid -­Centers for Disease Control Services (1953) -­Conducts programs to prevent and control disease and Prevention Housing and Urban -­Office of Fair Housing and -­Operates home-­financing & public housing programs Equal Opportunity Development (1965) -­Office of Housing Transportation (1967) -­Administers programs to promote and regulate highways, mass transit, -­Federal Highway Admin railroads, waterway, air travel, and oil and gas pipelines -­Maritime Administration Energy (1977) -­Promotes production of renewable energy, fossil fuels & nuclear energy -­Regional Power Admin Education (1979) -­Administers federal aid to schools & conducts educational research -­Office of Postsecondary Ed. Veterans Affair -­Administers benefits, pensions, and medical programs to veterans -­Veteran Benefits Administration (1988) -­National Cemetery Admin Homeland Security -­Emergency preparedness and response for chemical, biological, -­Coast Guard -­U.S. Citizenship and (2002) radiological & nuclear defense Immigration Services The cabinet: is a nickname for the 15 departments that advise the President. They are considered important and have numerous agency within them. Department is the only name or label of importance. The other terms (like: commission, administration, bureau) are fancy names for agency. 119 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY INDEPENDENT AGENCIES TYPE OF EXAMPLE DESCRIPTION EXAMPLES AGENCY DESCRIPTIONS Environmental Writes and enforces Protection Agency regulations to protect (EPA) the environment. Independent The construction and Functions much General Services Executive operation of public like Cabinet but are Administration (GSA) buildings Agency smal er National Aeronautics Scientific research and Space and in charge of Administration civilian space (NASA) program Supervises banking Regulate aspects The Federal Reserve system;; regulates of economy Board (The Fed) money supply, use of credit in economy Quasi Legislative Independent (create regulations) Regulates securities, Securities and (discretionary authority) other financial Regulatory Exchange markets, investment Commission Commissions Quasi Judicial companies, brokers (Decide disputes over regulations) Regulates interstate Federal and foreign Largely beyond the Communications communications by reach of President Commission radio, television, satel ites, and cable U.S. Postal Service Deliver mail Carry out business like activities in Federal Deposit Government order to provide Insurance Insure bank deposits service Corporation (FDIC) Corporations President does National Railroad Provide intercity rail have more control Passenger passenger service Corporation (Amtrak) -­Independent Agencies are located outside of the Departments. They are separate because 1)They do not fit into one wel 2) They are outside to protect them from partisan and pressure politics 3) on accident. -­There are over 150 agencies outside of the cabinet departments. They were al created by Congress with a purpose. 120 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY BUREAUCRATIC PATHOLOGIES PATHOLOGY DESCRIPTION RED TAPE Complex rules and procedures leads to fil s and wait times before action can take place. CONFLICT Agencies work at cross-­purposes with one another DUPLICATION Two agencies may be given the same tasks from Congress. IMPERIALISM Agencies grow without regard to benefits or costs. Some agencies spend more than they need. (They are WASTE not worried about keeping costs down because it is just the government’s money) -­When people are concerned with government waste they put in rules and procedures to monitor it, thus creating red tape. if they want to speed up time and efficiency they have to cut rules and procedures which leads to waste. Paradox!!! IRON TRIANGLES ● Congressional Committee ● Interest Group ● Agency in Bureaucracy Iron Triangles is the name for when the three members (listed above) stabilized and helped one another. Issue Networks: include members of iron triangle and lawyers, consultants, academics, public relations specialists ,and the courts. They have broken the power of Iron Triangles. (Pluralism Elite View: in which competitive groups stop each other from obtaining constant control in the government) 121 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS BUREAUCRACY BUREAUCRACY MAKES POLICY TERM ALSO KNOWN AS DESCRIPTION -­Many agencies can make Rule Quasi-­Legislative Power Regulations (which have force of law) Making (like the FCC makes regulations on what cannot be said on the air) Administrative -­Bureaucratic agency settle Quasi-­Judicial Power Adjudication disputes (much like a court) (such as when FCC ruled Timberlake broke rules on TV) -­Administrative Discretion (or discretionary authority): The ability to make choices concerning the best way to implement congressional or executive intentions. This can be done on formal and informal levels. IRS agents make decisions during personal audits and Department of Justice lawyers make decisions about whether or not prosecute someone. CONTROL OF BUREAUCRACY BRANCH DESCRIPTION ● Appoint and remove agency heads EXECUTIVE ● Reorganize the bureaucracy (with congressional approval) CONTROL ● Make changes in the agency’s annual budget proposals (Congress has the final say) ● Issue executive orders Al of these are referred to as oversight function: ● Pass Legislation that alters activities ● Abolish existing programs CONGRESSIONAL ● Refuse to appropriate certain funds CONTROL ● Investigate bureaucratic activities ● Force bureaucrats to testify at hearings ● Influence presidential appointments for top bureaucratic positions. ● Write legislation to limit the bureaucracy's discretion ● Rule on whether bureaucrats have acted within the law and require policy changes to comply with law JUDICIAL ● Force the bureaucracy to respect the rights of CONTROL individuals through hearings and other proceedings. ● Rule on constitutionality of al chal enge rules and regulations. The bureaucracy is usual y considered part of the executive branch. But some agencies are far removed from the President. So it is also considered “the fourth branch” of our government. That is why this chart is showing some power the president possesses over the bureaucracy. 122 THE JUDICIARY 123 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY CLASSIFICATION OF LEGAL ISSUES TYPE OF CASE DESCRIPTION CIVIL CASES covers issues of claims, suits, contracts, and licenses. CRIMINAL CASES covers il egal actions or wrongful acts and can result in fines and imprisonment KINDS OF LAW TYPE OF LAW DESCRIPTION COMMON LAW laws that are derived from precedents set by courts of the past. STATUTORY LAW laws created by legislative bodies. ADMINISTRATIVE LAW “laws” that agencies create as rules and regulations that concern their area of influence. CONSTITUTIONAL LAW laws created due to the interpretation of the constitution established under the judicial review. DUAL COURT SYSTEM FEDERAL LAW STATE LAW Exclusive Jurisdiction: State Jurisdiction: ● Federal civil disputes are heard in specific federal ● Most civil disputes between citizens are courts or federal district courts settle in state civil courts ● Federal criminal cases are usual y heard in federal ● Most criminal disputes in the United district courts States are settled in state criminal courts Examples of exclusive jurisdiction: ● Appeals from state courts are sent to -­Citizens of one state sue citizens -­Conflicts with federal officials, state supreme courts (usual y thought of another agencies and federal government -­Counterfeiting U.S. currency -­U.S. Border issues of as “court as last resort”) -­Kidnapping -­Crossing state lines to commit -­Mail fraud crimes -­Interstate trade conflicts -­Denying civil rights of citizens -­National banking conflicts -­Conflicts or patents & copyrights -­Jurisdiction is the right to hear a case. -­States have the power to create their own laws so they need their own court system. The national government has the power to create laws so they also need their own court system. -­Concurrent Resolution is when Federal Law and State Law overlap. If a citizen commits a crime that violates both federal and state laws, the case might be heard by either level of the judicial system. 124 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY LAYERS OF FEDERAL COURTS TYPE OF DESCRIPTION OF LAYER JURISDICTION JURISDICTION There are 94 district courts in across the United States. District Courts Original Jurisdiction This is where a case is heard for the first time. Created by Article III of Constitution. There are 12 courts of Courts of Appeals Appel ate Jurisdiction appeals. A previously tried (Circuit Courts) case to check for fairness. Created by Congress. Some cases can be Supreme Court Original Jurisdiction appealed to Supreme Court Appel ate Jurisdiction which has the final say. Created by Congress. -­Over 90% of the Supreme Court's cases are ones being reviewed (appel ate jurisdiction) but there are some cases are being heard for the first time in the Supreme Court (original jurisdiction). Cases that may start with the Supreme Court are ones that involve ambassadors, public ministers or state suing other states. In modern times, such cases are usual y limited to state disputes concerning boundaries, water, or mineral rights. -­The Supreme Court was established by Article III of the U.S. Constitution. Congress was given the power to create any inferior courts. -­The Judiciary Act of 1789 established the basic three-­tiered structure of the federal court system. CONSTITUTIONAL COURTS VERSUS LEGISLATIVE COURTS CONSTITUTIONAL SPECIAL LEGISLATIVE COURTS COURTS Justification Directly or indirectly mentioned Needed for specific purpose in Constitution Obtain Appointed by President Appointed by President Judgeship confirmed by the Senate confirmed by the Senate Typical y a 15 year fixed term Term For life (good behavior) (Some courts need such a qualified expert they have no term) -­Congress creates inferior courts (constitutional ) and special legislative courts. When in doubt on test just pick Congress :) -­Sovereign Immunity: The United States has to grant you permission to sue them. Oddly enough, they al ow it often. It goes through the U.S. Court of Claims. 125 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY JUDICIAL REVIEW CASE SPECIFICS IMPACT Jefferson became president but did not deliver the official John The Supreme Court established Adam’s appointments papers for it had the power to: judges. Marbury sued and ● interpret the words of the Marbury v. Madison wanted a congressional law Constitution (1803) interpreted to give him his ● to decide if government appointment. The Supreme actions are constitutional Court said that Congressional law (Judicial Review) was unconstitutional. This case established Judicial Review. Even though the Constitution does not actual y say that the Supreme Court has this power. PROCESS OF INCORPORATION (SELECTIVE INCORPORATION) DEFINITION OF CONSTITUTIONAL PORTIONS OF BILL OF SELECTIVE JUSTIFICATION RIGHTS INCORPORATED INCORPORATION -­Free speech -­Free press -­Freedom of religion 1st Amendment -­Assembly & petition rights -­Association The process through -­Search & seizure which the Supreme The 14th Amendment -­Exclusion of 4th Amendment evidence Court applies portions requires al states to of the bil of rights to provide al citizens with -­Self incrimination 5th Amendment protect individuals due process and -­Double jeopardy from the State equal protection. -­Confront witness government. -­Impartial jury -­Speedy trial 6th Amendment -­Right to counsel -­public trial -­prohibition of cruel and unusual 8th Amendment punishment -­Prior to the 14th Amendment (1868), dual federalism dominated views where State laws were for States and national law was for the nation. Under this, the Bil of Rights only protected citizens from the National Government. The 14th Amendment changed al this. Now individual liberties can be protected from State governments too. -­Also privacy has been incorporated even though it is not listed in Bil of Rights (it is implied and interpreted from several amendment cases) 126 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY HEARING AND DECIDING SUPREME COURT CASES STEPS IN THE DESCRIPTION PROCESS The petitioner files a petition for certiorari: a brief arguing why the lower court erred. The Rule of Four: 4 DECIDING TO TAKE justices (out of 9) must agree to listen a case. The court THE CASE then issues a writ of certiorari to the lower court informing it of the Court’s decision and to request the ful trial transcript. Each side gets 30 minutes to make their case and this ORAL ARGUMENTS included the time they get to answer questions from the Justices. The justices meet once a week (during argument THE CONFERENCE scheduled weeks) to discuss the case and attempt to AND VOTE influence each other. The decision is made on the case by a simple majority vote (usual y 5 out of 9). Justices write the reasoning for their opinions. This is WRITING OPINIONS important because of stare decisis meaning let the decision stand. Future court decisions are based on precedent set on this decision. -­In one year the Supreme Court has to decide how many out of the 9,600 cases were filed. About 75 were heard. It helps if: the federal government is the party asking for review, the case involves conflict among the courts of appeals, the case presents a civil rights or civil liberties question, the case involves the ideological or policy preferences of the justices, or the case has a significant social or political interest, as evidence by the present interest group amicus curiae briefs. -­ In forma pauperis: Filings by prisoners for a new trial (In the form or a pauper) OUTSIDE INFLUENCE INFLUENCE DESCRIPTION Interest groups and concerned individual are al owed to send in AMICUS CURIAE BRIEFS briefs explaining their viewpoints and reasoning for a case they are interested in. HARVARD LAW AND YALE Most justices went ivy-­league law schools. They read items LAW REVIEWS published from their alma mater. LIVING IN SOCIETY They are people. They have opinionated family and friends. They read and watch the news. They are aware of public opinion. CLERKS Assist justices by handling briefs and analyzing important reports. They work closely with and influence the justices. 127 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY THE GOVERNMENT’S INFLUENCE ON THE JUDICIARY BRANCH PART OF BRANCH DESCRIPTION The Senate Confirms the presidential appointments for the judiciary. Senate Senatorial Courtesy: is when the Senate from the State with the federal judge opening recommends judges to the White House. House impeaches judge House of Representatives (charged with crime) and Senate LEGISLATIVE & the Senate Convicts (decides if they guilty) House of Representatives Pay judges salaries & the Senate House of Representatives Sets jurisdiction of legislative & the Senate courts House of Representatives Creates new seats as & the Senate needed. (Double # of seats in last 50 years) The President appoints President judges (with Senate approval) Attorney General (and people in office) prosecute federal Department of Justice criminals and defends the United States in court. EXECUTIVE Solicitor general (appointed by President, confirmed by Senate) determines which cases to appeal the U.S. Supreme Court and represents the Department of Justice United States in the Supreme Court room. They also file amicus curiae briefs (friend of court brief) for cases not involving the United States. 128 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY SUPREME COURT OPINIONS OPINION DESCRIPTION Per Curiam Opinion Brief, unsigned court opinion. Opinion of the Court Majority opinion belief (this is the law of the land). Concurring Opinion Justices write this if they agree with the Opinion of the Court but for different reasons. A justice writes this to explain why they disagree with the Dissenting Opinion Opinion of the Court. (These are used as justifications when people try to make the Supreme Court change its mind in the future) FIVE SUPREME COURT CASES LIKELY TO BE ON THE AP TEST CASE SIGNIFICANCE Court establishes Judicial Review: The Court can now determine if government action Marbury v. Madison, 1803 violates the constitution or not. (case was about presidential appointments) Court decides that Congress has the right to implied powers (not written in Constitution) McCul och v. Maryland, 1819 due to the necessary and proper clause, in order to carry out their expressed powers. (case was about Maryland taxing the national bank) Court says that only the National Government (Congress) has the power to regulate interstate Gibbons v. Ogden, 1824 commerce. (case was about issuing licenses for ports between New York and New Jersey) The court uses Selective Incorporation for the 1st time in order to protect individuals freedom Gitlow v. New York, 1925 of speech from State governments. ( case was about New York charged Gitlow for printing a communist manifesto) Court declared segregated schools were unconstitutional (case was about Brown had to Brown v. Board of Education, 1954 walk past white school to attend color school that was inferior) 129 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY CHIEF JUSTICE ERAS PERIOD CHIEF JUSTICE YEARS GENERAL DESCRIPTION OF TIME John Marshall Helped establish many court 1801-­1835 34 years powers Roger Taney 1836-­1864 28 years Favored state power Earl Warren Major civil right changes and 1953-­1969 16 years cases William Rehnquist 1986-­2005 19 years Major conservative influence Chief Justices have no extra powers. The chief justice organizes hearings and guides discussion but al justices have equal power. Any 5 justices in agreement (or more) determine the majority decision. The chief justice writes the majority opinion if they are in the majority. THE JUDICIARY AND THE POLITICAL SPECTRUM POLITICAL SPECTRUM THEY TEND TO SUPPORT POSITION ● Broad interpretation of the Elastic Clause (Necessary and Proper Clause) JUDICIAL ● Broad interpretation of civil rights acts and laws LIBERALS ● Pro-­choice decisions ● Strict limits on the separation of church and state ● Affirmative action programs to end discrimination ● Stricter limits on the use of the Commerce Clause ● Limited uses of “necessary and proper” JUDICIAL ● More local and state control of civil rights questions CONSERVATIVES ● Pro-­life decisions ● Community standards for free speech and obscenity ● Affirmative action as a form of reverse discrimination ● Community limits to lifestyle choices -­Justices and judges are people. They have political interests and agendas. Presidents nominate judges and justices with political beliefs similar to their own. They tend to reflect the biases of the two major parties. -­Judges are insulated from the public in that many serve for life and they are not elected. -­Judges answer to the public in that they could be impeached and removed by Congress, their records of opinions and actions are used to determine if they should be appointed in the first place, and Congress can react to unpopular decision by leading the charge to amend the Constitution. -­General y judicial liberals favor a more open interpretation of the powers of the Constitution. Those who oppose that view are judicial conservatives. 130 AP AMERICAN GOVERNMENT STUDY GUIDE GOVERNMENT INSTITUTIONS JUDICIARY APPROACH OF COURTS AS A POLICY MAKER JUDICIAL APPROACH DESCRIPTION When judges or courts make rulings that support a particular political agenda or have a direct affect on policy. JUDICIAL ACTIVISM Example: Brown v Topeka Board of Education, 1954 evidence of an instance in which judicial action can be needed. The belief that policy decisions should be left to the JUDICIAL RESTRAINT legislative and executive branches because the judicial branch's role is to interpret and apply the law, not to create it. -­The Court exerts policy-­making influence through Judicial Review, setting legal precedents, and overturning the decisions of lower courts. -­ Stare decisis: latin for “let the decision stand” is based on the custom of making judicial rulings based on decisions made by earlier, similar cases. However the Supreme Court has overruled its own precedent on many occasions. 131 UNIT 6: PUBLIC POLICY MAIN TOPICS DOMESTIC POLICY FOREIGN & MILITARY POLICY 132 DOMESTIC POLICY 133 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY MAKING POLICY & INFLUENCING POLICY MAKERS SPECIFIC BROAD CATEGORY DESCRIPTION SEGMENT Political Parties A group which attempts to win elections so they can control the government. LINKAGE -­Use propaganda to influence society. INSTITUTIONS Interest Groups -­Use PACs to influence elections. -­Hire lobbyist to influence Congress. (THEY INFLUENCE POLICY) Selects stories to cover thus that topic Media gains our attention. (This could place issues at a higher priority on our nation's agenda) Congress Creates laws. GOVERNMENT President Issues executive orders. INSTITUTIONS (THEY MAKE POLICY) Bureaucracy Agencies set regulations (rule making) Judicial Court sets a precedent. -­Policy is basical y anything a government decides to do. -­Domestic Policy includes everything a government takes care of within U.S. borders. The United States has developed policy to take care of its people, especial y the less fortunate, to protect the environment, to finance government, and to enhance that state of the economy. -­Remember linkage institutions connect people to the government. THEORIES ON THE COST & BENEFITS OF POLICY THE THEORY THE COST EXAMPLE BENEFIT MAJORITARIAN Distributed Distributed -­Social Security (Everyone pays) (Everyone gets) -­Military Protection -­Congress passes a law ENTREPRENEURIAL Concentrated Distributed that factories can only (Some pay) (Everyone gets) al ow so much carbon emissions per year. CLIENT POLITICS Distributed Concentrated -­Food stamps (Everyone pays) (Some get) -­Medicaid Congress passes law that INTEREST GROUP Concentrated Concentrated when a factory closes they (Some pay) (Some get) must give the workers 60 days notice. 134 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY THEORIES ON INFLUENCING POLICY THEORY DESCRIPTION MAJORITARIAN They focus on carrying out the wil of the majority. POLITICS (Framers wanted to stop the tyranny of the majority) ELITE THEORY People with more money and influence dominate the policy-­making process. INTEREST GROUP Interest groups organize PACs to influence elections POLITICS and hire lobbyist to influence policy creation. PLURALIST THEORY Viewpoints are so scattered no group can control al the levels of government. Other textbooks refer to other theories: -­Class View (theory) The view that that the government is dominated by capitalists. -­Bureaucratic View (theory) in which appointed officials have too much control of the government. -­Power Elite View (theory) government is dominated by a few top leaders (many outside of government). BASIC OF POLICY DEVELOPMENT PHASE DESCRIPTION The agenda is a set of issues to be discussed or given attention. Presidents recommend legislation. AGENDA SETTING Congress member propose bil s in their house. Pol s and media show government officials how the people feel about policy. POLICY FORMATION Political leaders look at the cost benefit analysis to decide if policy is worthy. POLICY ADOPTION Congress creates policy (law) with presidential approval. POLICY An agency within executive branch that deals with that IMPLEMENTATION topic is selected. The public and government react to new policies to POLICY EVALUATION decide if any changes are needed. Congress is the tool used to change budgets or alter policy laws. 135 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY SOCIAL WELFARE POLICY PROGRAM DESCRIPTION ● The Social Security Act of 1935 created an insurance program that required the employed to pay a smal contribution via a payrol tax into an insurance fund designed to assist the unemployed to help financial y strapped retirees. SOCIAL ● It also helps blind, elderly, and less fortunate people. SECURITY ● Official y cal ed Old Age, Survivors, and Disability Insurance and it administered by the Social Security Administration. ● Most employed citizens pay 12.4 percent (6.2 by employer, and 6.2 by employee) of which they can start col ecting at age 65. ● Although it was one FDR’s plans the Medicare law was passed in 1965 and it administered by the Department of Health and Human Services. MEDICARE ● It is funded by a payrol tax of 1.45 percent paid by both employee and employer. (People who make over 200,000 by 3.8 percent) ● Must be 65 years old to col ect benefits. ● Health insurance coverage for the poorest Americans MEDICAID ● Eligibility requires minimum-­income thresholds or disabled or pregnant. ● Citizens purchase their own health care coverage. HEALTH CARE ● Patient Protection and Affordable Care Act in 2010 attempts to expand coverage. -­The only portion of the Constitution that refers to welfare is in the preamble stating the government wil “promote the general welfare” -­Government intervention increased during the the Great Depression with New Deal (series of legislation) -­Food Stamps & Housing also exist for mean-­based needs (only if they make under a certain amount) NON-­MEANS TESTED VERSUS MEANS-­TESTED -­Social Security (OASDI) NON-­MEANS-­ Meet general requirements -­Medicare TESTED (does not include financial need) -­Veterans’ Disability -­Unemployment Benefits -­Medicaid MEANS-­ Meets requirement that -­Supplemental Security Income TESTED shows financial need. -­Temporary Assistance for Needy Families -­Food Stamps Unemployment appears in wrong category at first glance. But actual y if you are fired you can col ect regardless of savings. 136 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY ENVIRONMENTAL POLICY ITEM DESCRIPTION requires any government agency, state or federal, to Environmental file an environmental impact statement with the Protection Policy Act federal government every time the agency plans a (NEPA) (1969) policy that might harm the environment, dams, roads, or existing construction. Clean Air Act cal s for improved air quality and decreased (1970 Amendment to PCA) contaminants. Clean Water Act regulates the discharges of pol utants into the water (1972) Endangered empowers the National Fish and Wildlife Service to Species Act protect endangered species. (1973) Superfund Congress created this to pay for waste cleanup in the instances in which the company responsible is (1980) unknown or has gone bankrupt. Environmental It along with federal government require states to set air quality standards, to reduce damage done by Protection Agency automobiles, to measure city smog, and to set (EPA) (1970) environmental guidelines. ● A multi-­country agreement that committed the Kyoto Protocol signing nations to reduced greenhouse gas emissions. (1997) ● Bil Clinton liked it but ⅔ of the Senate did not agree. -­Environment was first being seen as in issue in late 19th century, it was in the 1960’s and 1970’s (with the creation of the majority of acts and laws listed above) in which the government started regulated business in order to protect the environment. There has been backlash every since. 137 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY LABOR POLICY ITEM DESCRIPTION Wagner Act (AKA: National Labor Created the National Labor Relations Board Relations Act) (1935) A federal executive branch commission: National Labor ● regulates labor organization Relations Board ● hears complaints of unfair labor practices ● ensures workers’ rights to col ectively bargain with management. Fair Labor ● established minimum wage Standards Act ● set 40 hour work week (1938) ● required overtime pay Favored by the business community: ● Enabled states to outlaw the closed shop (a company policy or labor contract that requires al employees to join the local union) Taft-­Hartley Act ● State could now pass “right to work” laws (1947) ● Al owed the federal government to block any labor strike in an industry that might put into jeopardy the “national health or safety” Occupational Safety and Health Act Created the Occupational Safety and Health Administration (1970) Occupational Safety A federal regulatory agency: and Health ● Inspect factories & workplaces for occupational hazards Administration ● They can give fines to companies and even close them (OSHA) down until problems are fixed. We have a mixed economy in the United States. We have free enterprise system in which people can own the factors of production (land, labor, capital) instead of the government. But we also have government regulation in order to ensure the production of safe products and safe working conditions. -­Labor regulation came into effect due to conditions under rapid industrialization. 138 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY EXECUTIVE INFLUENCE ON ECONOMIC POLICY PRESIDENTIAL ECONOMIC DESCRIPTION ADVISORS Council of Three person panel in the White House Executive Office that forecasts economic trends and makes predictions on the Economic Advisors economy. Director of the Office of Is the President’s chief accountant charged with determining how much the federal government should spend year to Management and Budget (OMB) year. The treasury department carries out tax laws, enforcing Secretary of the Treasury economic sanctions, advises the president, and maintains the country’s financial infrastructure. -­Obviously we have already talked about how Congress is influenced by Interest Groups. Americans public blame politicians for a bad economy (regardless of the fact that there are many economic influences that our government does not truly control) at election time. ( The President is held most accountable) -­The American people do belief that presidential philosophy and the col ective attitude of Congress can influence the value of the dol ar, trade relationships with foreign nations, taxes paid into the federal purse, and the federal budget. -­People want lower taxes, no national debt, and enhance government services (al three together is impossible) ECONOMIC IDEOLOGY THEORY DESCRIPTION ● This theory believes the government should get involved to ensure the right about of demand. (This is referring to how much money is in the economy) ● When demand is too low, the government should put more money into the economy by reducing taxes and/or increasing government spending (even if we KEYNESIAN need to borrow the money) ● If demand is too high, the government should take money out of the economy by ECONOMICS taking more and/spending less. ● Multiplier Effect: Best explained with an example: a $10 bil ion increase in government spending could cause the total output to rise by 15 bil ion (a multiplier of 1.5) because when the government spends money to begin a construction project they hire builders who also hire bricklayers, electricians, and plumbers who purchase supplies for their jobs who take portions of their earnings to pay for food, shelter, transportation and clothing. ● This theory represents a fiscal conservative (also known as supply side theorists, or supply-­siders) SUPPLY-­SIDE ● This approach believes that less taxes wil cause people to have more money to spend (which they wil spend) THEORY and this spending wil increase purchasing, jobs, and manufacturing. The states wil col ect more money in sales taxes. ● If people do not spend more they wil then invest their savings to make more money thus boosting the economy. Other books include theories: -­Monetarism: The belief that inflation occurs when too much money is chasing too few of goods. They want a predictable increase in the money supply at a rate about equal to the growth in the economy’s productivity. -­Economic Planning: The belief that the government plans, such as wage and price controls or the direction of investment can improve the economy. 139 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY MONETARY POLICY VERSUS FISCAL POLICY POLICY DESCRIPTION ● How the government manages the supply and demand of its MONETARY currency and thus the value of the dol ar. ● This is done by the Federal Reserve Board (The Fed). ● How the government decides to tax and spend of money. FISCAL ● This is done by primarily by Congress (President signs) THE FEDERAL RESERVE BOARD, AKA: THE FED (MONETARY POLICY) POWER OF THE FED DESCRIPTIONS This is when American citizens and foreign governments purchase government bonds & treasury BOND RATES notes (securities) with promise the U.S. government wil pay them back with a certain amount of interest. ● The Fed decides what rate those bonds pay out. The interest rate which the government loans actual DISCOUNT RATE dol ars to commercial banks. ● The Fed sets that interest rate Commercial banks must have a certain amount of cash RESERVE in their vaults. This affects how much money that bank REQUIREMENTS can loan out (put into economy). ● The Fed decides how much money banks keep on hand -­Federal Reserve System created by Congress in 1913, is made up 3 components: Federal Reserve Board (most powerful), Federal Open Market Committee, and 12 Regional Federal Reserve Banks. -­The Federal Reserve Board is an independent agency (Presidents can appoint (with consent) and remove with cause (although no one ever has). The elections of board governors (members) is staggered as to not become a presidential election issue. CONGRESS (FISCAL POLICY) FISCAL POLICY DESCRIPTION REVENUE Taxes (primarily income) and borrowing SPENDING Congress (with President) creates policy which costs money 140 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY TAX PHILOSOPHY (FISCAL POLICY) TYPE OF TAX DESCRIPTION EXAMPLE PROGRESSIVE TAX The more you make the more Income Tax you pay. FLAT TAX Everyone pays the same rate. Sales Tax -­Some people think progressive tax is fair because the rich can afford to pay more money than the poor. -­Some people think progressive tax is unfair because they worked harder to make more money so they should not be penalized and also people could invest more money into the economy if they were taxed less. -­Some AP Tests include questions in which they expect you to know that Regressive Tax affects a poorer persons pocketbook more than a richer person even though they are paying a flat rate (or the same percent). Example: Person A and Person B are both paying an excise tax on cigarettes. If Person A makes 100 dol ars a year and spends 1 dol ar on cigarette tax that is 1% of their income. But if Person B makes 10 dol ars a year and spends 1 dol ar on cigarette tax that is 10% of their income. TAX POLICIES (FISCAL POLICY) TAX ORIGIN TYPE OF TAX DESCRIPTION Income Tax Tax on money earned from working. Also known as death tax. When people inherit Estate Tax money from a relative it can be taxed. NATIONAL (Federal) Companies pay money for obtaining profits. Corporate Tax (varies between 15-­35%) Pay money to purchase certain items like alcohol, Excise Tax tobacco, gasoline, and airline fees. Sales Tax Pay money to purchase something. Pay money to have your property (even if you own Property Tax your house) (This is how a State raises largest amount of revenue) STATE Business License Pay money to operate a business. Pay money to take test and have permission to Drivers License drive. Marriage License Pay money to legal y wed to another. Hunting & Fishing Permits Pay for the right to hunt or fish for a period of time. -­The United States did not have the right col ect income tax until the 16th Amendment in 1913. This amendment also al ows the government to tax incomes from successful investments, gambling winnings, earned interest, and stock dividends. -­The average U.S. citizen pays about 25.4% of income in various taxes (combining Federal and State) 141 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY THE FEDERAL BUDGET (FISCAL POLICY) BRANCH OF SPECIFIC AREA DESCRIPTION GOVERNMENT Federal Agencies Submit spending desire to department secretaries. Department Secretaries Department heads may tweak requests and send them to OMB. Headed by a director (Presidents EXECUTIVE Office of Management and accountant) considers that needs BRANCH Budget (OMB) and wants of al the federal departments and agencies. ● The Budget Director (in consultation with the President) They finalize and submit the ● Council of Economic President's budget proposal to Advisors Congress. ● Treasury Secretary. sets overal levels or revenues and Congress expenditures, the size of the budget surplus or deficit, and spending priorities. Congressional Budget Office Nonpartisan accountants which examines and analyzes the budget (CBO) proposal. Independent and nonpartisan acts LEGISLATIVE Government Accountability as watchdog of congressional funds BRANCH Office (GAO) and keeps track of where and how money is spent (headed by U.S. Comptrol er General) They examine the President’s Congressional Committees budget. They take up & pass appropriation bills (spending bil s). Passes the overal budget bil then Congress goes to the President for a signature. -­In summary the President submits a budget to Congress who controls the purse strings. -­Budgets have been done in this matter since the Congressional Budget and Impoundment Control Act (1974). This law also makes it il egal for a President to impound funds (not spend them). -­The fiscal year is October 1 through September 30. 142 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY DEBT AND DEFICITS (FISCAL POLICY) TERM DESCRIPTION DEBT (NATIONAL DEBT) The grand total that the United States owes at any one time. (PUBLIC DEBT) DEFICIT When the United States spends more than it takes in as revenue. SURPLUS When the United States spends less than it takes in as revenue. -­The United States owes money in the forms of bonds and securities (treasury notes) to American citizens and foreign governments. -­The United States is seen as a good investment because it has a strong economy and it pays it debts. It is sort of like the United States has a huge credit card bil but it always makes some payments (when someone pays the minimum payment every month VISA is happy). -­The United States has been in debt since 1836. It owed over 18 tril ion in 2015. -­in 2006 the United States paid 226 bil ion for interest on the debt (this was the 3rd largest area of spending). -­The last budget surplus was under Bil Clinton (and that was super rare). -­It is difficult to compare deficits from budgets through history because of inflation. This is why economists compare this as a percentage of the U.S GDP (gross domestic product: the total value of al goods and services produced in the United States in one year). -­Budget related legislation: Gramm-­Rudman-­Hollings Act (1985): initial deficit reduction effort (not effective). Budget Enforcement Act (1990): Set limits on discretionary spending and created a “pay as you go system”. Omnibus Budget Reconciliation Act (1993): incorporated a mix of tax increases and entitlement reductions. -­9/11 retaliation and housing col apse in recent history has appeared to justify deficit spending again. ENTITLEMENT PROGRAMS (FISCAL POLICY) DEFINITION Government services Congress has promised to citizens that meet a requirement. Social Security, Medicare, Medicaid, block grants, financial aid, EXAMPLES food stamps, money owed on bonds and other contractual obligations. PERCENT This makes up ⅔ of the budget. OF BUDGET There is no way to know for sure how many people wil meet the requirement that qualifies them for food stamps in January versus February, or March. The point is the government cannot possible know how much money it wil need to pay the benefits to these recipients. Thus spending becomes mandatory and uncontrol able. 143 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY DOMESTIC POLICY TYPES OF SPENDING IN THE BUDGET (FISCAL POLICY) AMOUN TYPE ALSO KNOWN AS T OF DESCRIPTION BUDGET Entitlement programs must be funded according to federal law. (Lawmakers do not UNCONTROLLABLE MANDATORY 2/3 know how many people wil qualify SPENDING SPENDING month to month so they do not actual y know how much money they are al ocating to each program) Government writes checks for specific items that could CONTROLLABLE DISCRETIONARY alway be altered or 1/3 SPENDING SPENDING decreased. (Lawmakers have complete control over how much money they are al ocating to each program) -­Social Security makes up 20% of budget. Medicare and Medicaid make up nearly 20%. Although Congress could change the requirements to qualify for benefits it is considered political y unsafe to suggest or make such changes. -­Defense spending makes up 20% of budget and is considered discretionary spending. -­One study claims there are reasons money is unnecessarily spent: 1) fraud and abuse 2) waste 3) pork GLOBALIZATION ITEM DESCRIPTION EFFECT OF IT TRADE SURPLUS When a country exports (sel s) Wealth from other nations (FAVORABLE TRADE BALANCE) more than it imports (purchases). enters the economy. When a country imports The wealth leaves your TRADE DEFICIT (purchases) more good than it economy to enter another exports (sel s). country’s economy. An agreement between the NORTH AMERICAN This created a battle United States, Mexico, and FREE TRADE between corporations and Canada (it basical y removes al AGREEMENT (NAFTA) labor unions. import taxes). -­Globalization: is the process of an ever-­expanding and increasingly interactive world economy. -­The business community favors free trade to create a free flow of goods and services on a global scale. They also believe that the process has decreased poverty and enhances the general quality of life in foreign nations. -­Laborers fear that American firms wil outsource their labor requirements (which many have done) 144 FOREIGN & MILITARY POLICY 145 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY CONSTITUTIONAL FRAMEWORK REGARDING FOREIGN POLICY BRANCH FOREIGN/MILITARY POWERS Congress has the power to declare war. Congress funds the military, foreign endeavors, and foreign aid. The Senate must approve appointed ambassadors and high-­ranking military personnel. CONGRESS The Senate must ratify treaties with other nations by a two-­thirds vote. Congress has oversight of the State and Defense Departments and relevant agencies. Congress can institute a mandatory military draft to staff the Armed forces. The president is commander in chief of the Armed Forces. The president appoints ambassadors and receives foreign ministers. THE The president negotiates treaties with other nations. PRESIDENT The president issues executive orders that can impact foreign policy. The president makes executive agreements with other heads of state. The president commissions the military officers of the United States. Due to constitutional principles: separation of powers and checks & balances the powers regarding foreign policy are spread out over numerous branches. These powers has had a tremendous impact on foreign policy in the United States. GENERAL PHASES OF FOREIGN & DEFENSE POLICY PHASE OF POLICY DESCRIPTION ISOLATIONISM The policy of avoiding participation in foreign affairs. (Isolation was rarely absolute) UNILATERALISM A national policy of acting without consulting others. The policy of emphasizing morality in foreign affairs. MORALISM (Most americans believed their country had higher moral standards than other countries) Taking advantage of a situation for national gain. PRAGMATISM (When European nations went to war, we sold arms to both sides. When opportunities to acquire more land arose, it was aggressively pursued.) -­The United States reasoning for invoking policy has shifted over the years. 146 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY FOREIGN POLICY INFLUENCE FROM INSIDE THE GOVERNMENT SPECIFIC INFLUENCER DESCRIPTION SEGMENT The president has exclusive sources of information (Department of State THE PRESIDENT diplomats, military attaches working for the Department of Defense, CIA agents and satel ites). The president has a lot of power when acting as the commander-­in-­chief. 30,000 people work gathering information on foreign political, economic, DEPARTMENT social, and military situations. They also staff American embassies in OF STATE over 180 countries. 30 bil ion was spent in 2008 in order to fund (Primarily Diplomacy) economic development, disease prevention, nuclear proliferation, anti-­terrorism, the Peace Corps, and global peacekeeping capabilities. DEPARTMENT The Pentagon contributes to policy formulation and provided forces to undertake military operations. Thousands of civilians and mil ions of OF DEFENSE active duty military. (Includes JCS, NSA, CIA, NSC, Dep of Homeland) THE JOINT CHIEFS provides a link between senior civilian leadership in the Department of Defense and the military. They also help coordinate between various EXECUTIVE OF STAFF branches of military. BRANCH NATIONAL SECURITY Intel igence agency responsible for gathering intel igence from electronic AGENCY (NSA) and for breaking foreign information transmission codes CENTRAL INTELLIGENCE Executive agency responsible for col ection and analysis of information and intel igence about foreign countries and events. AGENCY (CIA) NATIONAL SECURITY Executive agency responsible for advising the president about foreign and defense policy and events. (include president, vice president, sec of COUNCIL (NSC) state, sec of defense, joint chiefs of staff, and the CIA director. DEPARTMENT OF Cabinet department created after the 9/11 attacks to coordinate domestic U.S. security efforts against terrorism. (Include Coast Guard, HOMELAND SECURITY FEMA, TSA, Customs & Border Protection and Immigration Services) CONGRESSIONAL Congress usual y agrees/changes/rejects the president's policy. LEADERSHIP Congress decided Soviet’s Sputnik was a threat so they created NASA. Congress conducts hearings on foreign policy. Trying to force President CONGRESSIONAL and CIA to inform congressional committees on covert missions. Both OVERSIGHT houses have Foreign Relations Committees & Armed Services Committees. CONGRESS TREATIES ⅔ of Senate approves treaties made by Department of State. APPOINTMENTS Majority of Senate must approve presidential appointments. APPROPRIATIONS Appropriation committees in Congress decide how much money agencies and programs receive. (Step after authorization) THE WAR POWERS ACT Limits the president (60 days) for troop deployment during peacetime OF 1973 unless Congress approves an extension. Constitutional??? 147 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY FOREIGN POLICY INFLUENCE FROM OUTSIDE THE GOVERNMENT INFLUENCER DESCRIPTION After World War II, the United States was in an arms race and space race with the Soviet Union. This era lead BUSINESS to a relationship in which business and the military got (AKA: MILITARY very close (Like more than just friends) and is known as INDUSTRIAL COMPLEX) the Military-­Industrial Complex. Because of their shared interests in money and power they have become influential in foreign and military policy making. The media influences foreign policy but it does not THE NEWS MEDIA determine it. Vietnam is the classic example in which as the war continued on the Media coverage continued and showed Americans the agony of war. The american public affects foreign and military policy THE PUBLIC through expressions of public opinion, elections, and public action. (Example of action: protesting the draft) There are 2,000 U.S. think tanks (400 in Washington NON-­GOVERNMENT D.C.) that deal with foreign policy. One of the most ORGANIZATIONS influential is the Council on Foreign Relations, which is (ALSO THINK TANKS) a nonpartisan think tank that studies issues of trade, security, and relationships. 148 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY FOREIGN POLICY INFLUENCE FROM OUTSIDE THE UNITED STATES INTERNATIONAL DESCRIPTION ORGANIZATION CAFTA Free trade zone (no tariffs) for this region. (Central Atlantic Free Trade Agreement) EUROPEAN ECONOMIC UNION Now the U.S. deals with a united Europe (They are united (EEU, EU) on policies that affect trade and defense) Strong economic countries meet to improve G-­8 SUMMITS international cooperation and economic development (countries include: the U.S., Great Britain, Russia, China, Germany, France, Japan, and Canada) Group attempts to promote stable currency exchange INTERNATIONAL MONETARY rates, favorable balances of payments, and economic FUND (IMF) development through the enforcement of economic policies. MULTINATIONAL Multinational ownership of property, financial CORPORATIONS instruments, and companies is becoming influential. NAFTA Free trade zone (no tariffs) for Canada, Mexico, U.S. (North American Free Trade Agreement) NATO Original y formed to protect the West from (North Atlantic Treaty Organization) Communism. Now includes former communist nations. UNITED NATIONS This attempts to promote world peace and human rights. There are 192 nations in it. WORLD BANK This organization gives loans to developing nations. WORLD TRADE ORGANIZATION It’s main goal is to expand free trade. 149 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY THE DEFENSE BUDGET COMPONENT DESCRIPTION TRENDS IN SPENDING 1960’s: 40% 1980’s: 25% 1989: 20% (post cold war) (% of budget) GOLD PLATING The pentagon pressures Congress for premium war machines. Private companies bid low so they can get the job. Then EVIL COMPANIES they are like, “oh sorry Sam, it cost more than I thought...so here is your new bil ” BASES Al over the United States. They create jobs. Congress members like bringing that pork home to their districts. Today the partisan divide is more noticeable than during cold PARTISAN DIVIDE war for spending. Republican are more wil ing to spend on military. MILITARY CONFLICTS VERSUS DECLARATION OF WAR WARS DECLARED BY MILITARY CONFLICTS CONGRESS (NO DECLARATIONS OF WAR) 1801: Barbary Coast 1980: Iran (hostage crisis) 1812: Against the United 1817: Florida, Spain 1983: Grenada Kingdom 1845: Mexico: Border Fight 1983: Lebanon 1861: Civil War 1987: Persian Gulf 1846: Against Mexico 1899: Philippines 1989: Panama (Noriega) 1899: Cuban insurgents 1991: Iraq/Kuwait 1900: China (Boxer Rebel ion) 1992: Somalia 1898: Against Spain 1917: Mexico (Pancho Vil a) 1999: Bosnia/Kosovo 1918: Russian Revolution 2001: Afghanistan 1917: Against Germany, 1950: Korea (until 1953) 2003: Iraq Austro-­Hungary, Turkey 1954: Guatemala 1958: Lebanon 1941: Against Japan (Germany and 1961: Cuba (Bay of Pigs) Italy declared on U.S. after December 8, 1962: Vietnam (until 1972) 1941) 1965: Dominican Republic 1970: Cambodia 150 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY BRIEF HISTORY OF WAR AND DIPLOMACY (INDEPENDENCE-­WWI) PHASE EVENT/POLICY DESCRIPTION REVOLUTIONARY WAR British colonies fought for independence. With the financial and (1775-­1783) military help of British enemies, the United States successful y becomes a nation. GAINING & MAINTAINING The United States fought against Britain (with Canadian colonies INDEPENDENCE and Indian support) Although the treaty (of Ghent) signed in WAR OF 1812 (1812-­1814) December of 1814 ended the war the Battle of New Orleans was fought in January of 1815 (no tech like cel phones). The United States won defending its new(ish) sovereignty. -­Louisiana Purchase (1803) from France 828,000 square feet west of Mississippi River (15 mil ion, nearly tripled the size of the United States) PURCHASING LAND -­Texas (1845) annexed from Texas (considered a nation at time) -­Florida (1819) from Spain MANIFEST -­Oregon (1846) from Great Britain -­New Mexico & Arizona (1858) Gadsden Purchase from Mexico DESTINY (God wanted Al owed President to put indians on unsettled lands west of the America to spread INDIAN REMOVAL ACT mississippi river in exchange for their current land. Some tribes across the continent) (1830) went peaceful y but most resisted. In 1838-­1839 Trail of Tears: Cherokees were forced to relocate. 4,000 died on the trip. MEXICAN AMERICAN Mexico and the U.S. disagreed where Texas border ended. The WAR (1846-­1848) United States declared war and acquired not only the disputed territory but also ost the land stretching from Texas to California. The United States would continue to stay out of European affairs, MONROE DOCTRINE but Europe should also avoid further colonization of lands in the Western Hemisphere. SPANISH-­AMERICAN Short war in which ended with Spain giving the United States WAR (1898) Puerto Rico, and Guam. It also gave Cuba independence. IMPERIALISM PHILIPPINES The United States purchased the Philippines from Spain for 20 mil ion. People in Philippines did not like this. Added on to Monroe Doctrine, specifical y, advocating a more ROOSEVELT interventionist posture for the United States. “Speak softly and COROLLARY carry a big stick” The U.S. would intervene in Latin American affairs whenever it wanted. A global conflict with Triple Entente versus the Central Powers in WORLD WAR I which over 9 mil ion military members and 7 mil ion civilians died. (1914-­1918) By the end of the war the German Empire, Russian Empire, Austro-­Hungarian Empire and the Ottoman Empire had ceased to exist. WORLD WAR & LEAGUE OF NATIONS Senate refused to sign treaty that would have made the United ISOLATIONISM States a member of the League of Nations (like United Nations). ISOLATIONISM The U.S. went back to wanting to stay out of European affairs (last time thus far). KELLOGG-­BRIAND PACT 65 countries (one being U.S.) agree to settle disputes peaceful y (1928) 151 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY BRIEF HISTORY OF WAR AND DIPLOMACY (WW2-­COLD WAR HEATS UP) PHASE EVENT/POLICY DESCRIPTION In 1941, U.S. declared war against Japan fol owing the bombing of Pearl Harbor. The U.S. joined the al ies including the Soviet WORLD WAR II Union, the United Kingdom, France and China. Nazi Germany (1939-­1945) surrendered in 1945. Japan surrendered after President Truman dropped atomic bombs in hiroshima and nagasaki. The United WORLD WAR II States emerged as the leader of the free world. The Soviet Union was the other world superpower. 46 nations gathered to form group that focused on maintaining UNITED NATIONS peace while fostering cooperation but committed to using force if necessary to stop aggressor nations. CONTAINMENT Committed to limiting Soviet Union influence (communism) TRUMAN DOCTRINE In 1947, A policy to halt Soviet Union expansion by providing aid to al democratic nations threatened by communism. DOMINO THEORY If one country becomes communist adjacent countries would fol ow. COLD WAR MARSHALL PLAN European Recovery Act. Over 2 years the United States provided (1948) $12 bil ion in economic aid to Europe. Economic aid has become the cornerstone of American foreign policy. In 1949, the Soviet Union conducted its first successful detonation MUTUALLY ASSURED of a nuclear bomb. This lead to an arms race. Neither nation DESTRUCTION (MAD) wanted a catastrophe like hiroshima and nagasaki. Thus both sides refrained from using such weapons. KOREAN WAR The United State is al ied with South Korea to defend south of the (1950-­1953) 38th paral el from the communist North Korea. Today 25,000 help defend the line dividing North and South. in 1962, there was standoff between the United States and Soviet COLD WAR CUBAN MISSILE CRISIS Union when the Soviet Union had instal ed missiles in Cuba (90 HEATS UP miles from the United States). It resulted in an executive agreement and eventual treaties on disarmament. North Vietnamese Communists defeated their colonial parent, VIETNAM WAR France. It was a long defensive war characterized by television (1964-­1973) coverage of deaths and public dissent back home. The U.S. eventual y pul ed out and lost Vietnam to Communism. 152 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY BRIEF HISTORY OF WAR AND DIPLOMACY (COLD WAR TO CONCLUSION) PHASE EVENT/POLICY DESCRIPTION DETENTE A softening of tensions between the U.S. and the Soviet Union.. Cooperation instead of competition. LIMITED NUCLEAR In 1963, this treaty prohibited nuclear weapon tests under water, TEST BAN TREATY in the atmosphere, or in outer space. NUCLEAR NON-­PROLIFERATION The United States and Britain agreed not to transfer nuclear COLD WAR technology from one country to another. TREATY COOLS BACK DOWN ANTI-­BALLISTIC MISSILE It barred the U.S. and the Soviet Union from deploying nationwide (ABM) (1972) defenses against strategic bal istic missiles. SALT I (Strategic arms It essential y froze the military balance between the two nations. limitation talks I) (1972) SALT II (Strategic arms The Senate never ratified this treaty. The treaty cal ed for both limitation talks II) (1979) nations agreeing to to ban the manufacture of new weapons systems and encourage more weapons reduction. NORMALIZATION By 1971, the United States began recognizing China as a country instead of Taiwan and sent the Secretary of State Henry Kissinger. NIXON & CHINA It was a “One China” Policy. This refers to keeping a close bond SHANGHAI with the Republic of China (Taiwan) while cooperating with COMMUNIQUE mainland China. (Carter fol owed up by establishing ful diplomatic relations with China) (1971) In 1979, Carter brought Egyptian President Anwar al-­Sadat and CAMP DAVID ACCORDS Israeli Prime minister Menachem Begin together at Camp David. Israel agreed to withdraw from the Sinai Peninsula. The United States sided with the shah of Iran (dictator since IRAN HOSTAGE CRISIS 1950’s). Radical revolutionaries overthrew the regime in 1979 and took members of U.S. embassy hostage. Al hostages were COLD WAR returned the day Reagan was sworn into office. UNDER CARTER & STRATEGIC DEFENSE Reagan had harsher rhetoric with Soviet Union. He want to REAGAN INITIATIVE (SDI) spend more on arms. This multi-­bil ion dol ar plan was envisioned (STAR WARS) to intercept Soviet missiles for U.S. targets. It never happened. A 1980 revolution in Nicaragua left a marxist regime, the Sandanista government, in control. The Reagan administration IRAN-­CONTRA SCANDAL helped the Contras overthrow this marxist government. The U.S. was sold arms to Iran in exchange for American hostages in Iran. The money from the sale went to the Contra rebels. PERESTROIKA (1980’s) Economic reconstruction in USSR (Premiere Mikhail Gorbachev) FALL OF THE GLASNOST (1980’s) Understanding or openness between USSR and U.S. SOVIET UNION (USSR) FALL OF BERLIN WALL In 1989, the wal that separated East and West Berlin came down. PEACE DIVIDEND The payoff of peace after so much investment to win the ideological and political struggle. U.S. can act as humanitarian. 153 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY BRIEF HISTORY OF WAR AND DIPLOMACY (GULF WAR-­GEORGE W. BUSH) PHASE EVENT/POLICY DESCRIPTION OPERATION 45 day war in which the United States forced Iraqi dictator GULF WAR DESERT STORM (1991) Saddam Hussein to withdraw out of Kuwait. (GEORGE H. W. BUSH) POWELL DOCTRINE Have a clear objective, use overwhelming force, get out quickly. Colin Powel (Joint Chiefs of Staff Chairman). ENLARGEMENT Providing diplomatic and humanitarian engagement in the world in BILL CLINTON & order to increase the zone of democracy. ENLARGEMENT DAYTON ACCORDS A peace treaty between the presidents of Bosnia, Croatia, and Serbia to end the conflict in the Balkans. September 11th 2001, al Qaeda sought revenge on the United States for its presence in the Middle East and its involvement in the Muslim world. Four commercial planes were hijacked. Two 9/11 planes hit the Word Trade Center towers in New York City, another hit the Pentagon in Washington, and the fourth crashed in a field near Shanksvil e, Pennsylvania after passengers stormed the cockpit. Nearly 3,000 people were kil ed in these attacks. Unofficial “ War on Terror” declared by George W. Bush. He WAR ON TERRORISM blamed the taliban of Afghanistan for al owing al Qaeda to operate there. He also expressed concern about the axis of evil (Iran, Iraq and North Korea). The U.S. military entered Afghanistan (October of 2001) and OPERATION quickly ousted the Taliban regime. Troops continue to look for SEPTEMBER 11 ENDURING FREEDOM enemies and rebuild the country. In December of 2014, U.S. and AND AFTER (2001-­2014) NATO ended their combat mission. They were stil some troops (GEORGE W. training Afghanistan soldiers. BUSH) Saddam Hussein would refuse to al ow UN weapon inspectors OPERATION into Iraq. Iraq was bound to international treaties that did not IRAQI FREEDOM al ow that country to have weapons of mass destruction. Hussein (2003-­2011) did have a weapons program and he did have thousands of his own people kil ed, but he ended his weapon program in the late 1990’s. But he would not let weapon inspectors in (to save face SIDENOTE: in his country???). The United States invaded in spring of 2003, in September 2010 it was renamed: took baghdad with a few months (mission accomplished banner). OPERATION NEW DAWN Then Saddam’s troops went into hiding in civilian population. In (2010-­2011) 2010, the last U.S. combat brigade leave Iraq In December of 2011, the last U.S. troops leave the nation to return home. It defends the United States and U.S. interests at home and BUSH DOCTRINE abroad by identifying and destroying the threat before it reaches U.S. borders. It also centers on preemption, nation building, and humanitarian endeavors. 154 AP AMERICAN GOVERNMENT STUDY GUIDE PUBLIC POLICY FOREIGN POLICY BRIEF HISTORY OF WAR AND DIPLOMACY (OBAMA-­TODAY) PHASE EVENT/POLICY DESCRIPTION He was emptying Guantanamo Bay (a prison for suspected REDUCING terrorists in Cuba) In the election of 2008 Obama ran saying he GUANTANAMO would close it down completely. As of June of 2015 it was stil open. KILLING Plan partly designed by CIA and carried out by Navy Seals, the OSAMA BIN LADEN United States kil ed Osama Bin Laden in Pakistan on May 2, 2011. BARACK OBAMA The United States has hundreds of drones or UAVS (Unmanned USE OF DRONES Aerial Vehicles). They are either driven by a computer program or a pilot on the ground in the United States. This probably came into effect after 9/11 during the Bush NATIONAL SECURITY presidency. But there are reports that Obama’s administration AGENCY SPYING uses the program as wel . Defenders of the government say that we must use information to protect the United States from PROGRAMS terrorists. Opponents of the program question if it violates our civil liberties. 155