Review Guide for Mid-Term (2024-25) Know and be familiar with the following areas: Unit 1 Foundations Government definition Politics definition Functions of government Types and frequency of political participation Linkage institutions Democracy Traditional democratic theory ideas The three types of contemporary American democratic theory Reasons for the Revolution Intellectual basis for the Declaration of Independence Locke Characteristics of the Articles of Confederation Weaknesses Successes Problems leading to Constitutional Convention Purpose of the Constitutional Convention New Jersey Plan characteristics – what type of states favored this Virginia Plan characteristics - what type of states favored this Connecticut (Great) Compromise characteristics How the Constitution dealt with slavery Economic problems and how the Constitution solved them What states cannot do Why so few individual rights in the Constitution Tyranny of the majority Federalist 10 How the Constitution limits tyranny of the majority Federalist 51 Separation of powers Ratification process Federalists and Anti-Federalists Federalist Papers Authors, purpose Amendment process Informal Amendment process Purpose of each of the 7 Articles of the Constitution Federalism definition Unitary government definition Supremacy Clause and the Tenth Amendment Purposes of federalism Enumerated vs. implied powers Necessary and proper clause (elastic) McCulloch v. Maryland (1819) Commerce Clause and its use by the Congress Gibbons v. Ogden (1824) United States v. Lopez (1995) Reasons for expansion of national government supremacy Full Faith and Credit Clause Different types of federalism Dual, Cooperative, and Fiscal Categorical Grants (Grants-in-aid) vs. Block Grants Mandates (funded and unfunded) Congress and Judiciary Unit 2A Legislative Branch Requirements to be elected to the House of Senate Who makes up Congress? How district lines are drawn House and Senate organization Differences between House and Senate organization Congressional leadership positions and their functions The committee structure Four main types of committees and their functions Roles of committees (in general) How chairmen are selected/appointed Role of House Rules Committee Role of Ways and Means Committee Oversight The filibuster and cloture votes Incumbent advantage and why it exists Casework/constituent service Difference between incumbent advantage in the House and the Senate Why incumbents lose Pork What it is What function(s) it serves Role’s played by legislators Trustee Instructed delegate Politico Judicial Branch Standing Article III One Supreme Court Who sets up the other courts? Role of Judiciary Act of 1789 Terms for federal judges Federalist 78 Purpose Reasoning Main ideas Jurisdiction Original Who has it? Appellate Who has it? Structure of the federal system Three levels and their roles Supreme Court Number of justices; set by whom? Jurisdiction types Role of Marbury v. Madison (1803) Marbury v. Madison (1803) Details and significance Selection process for judges and justices Why important to the president? Senatorial Courtesy (District and Circuit) Supreme Court – President’s process Hearing occurs in which committee? Constitutional requirements? Role of political ideology How the SC selects cases Difference between how Circuit Court’s take appeals and how the SC does Rule of Four Writ of certiorari Types of cases they take SC process Two-week cycles Oral arguments Amicus curiae briefs Stare decisis/precedent Opinions Majority opinion Concurrent opinion Dissenting opinion Judicial activism vs. Judicial restraint SC authority How are the Court’s decisions implemented? SC Agenda Prior to Civil War Civil War to New Deal New Deal to present Significance of these Courts Warren Court Burger Court Rehnquist Court Doctrine of political questions Details and significance Executive and Bureaucracy Unit 2B Executive Article II Impeachment House role Impeachable offenses Senate role Presidential Powers Enumerated/Expressed Informal Federalist 70 Hamilton’s arguments Expansion of Power Reasons for the expansion Vice-President Roles Change in roles First Lady Cabinet Appointed by the President, confirmed by the Senate In the Constitution? Executive Office of the President Three major bodies White House Staff Completely loyal to the President Not subject to Senate approval How organized? President’s confidential advisors Central to policymaking Presidential Leadership in Congress Chief Legislator? Veto power Threat vs. actual use How can Congress override Line item veto? Why not? Consequences of the all or nothing veto Pocket veto President as Party Leader When does he gain support? When does he lose support? How can President improve support? “Honeymoon” period Mandates, or not Executive Orders Full force of law Judicial review Why are they used so often? National Security Role Chief Diplomat Negotiate Treaties Executive Agreements Difference from executive orders Why are they used so often? Commander-in-Chief What can the President do? What can’t the President do War Powers Act Why? What does it say? What is Congress’ main leverage? Public Relations Staged events Symbolism Approval Rating Role approval rating plays “Bully Pulpit” Media Press Conferences Media bias 22nd Amendment What it did 25th Amendment Replacing the VP when it is vacant Presidential incapacitation Removal of the President Bureaucracy Cabinet departments Purpose Role of secretaries Captured by their departments? Independent regulatory agencies Purpose Who leads? Why independent? Powers Implementation Regulation Government corporations What they do Differences between IRAs and IEAs Independent executive agencies What they do Differences between the above two agencies Relationship of the previous groups Problems with bureaucratic implementation Design, clarity, resources, SOPs, discretion, bureaucratic disagreement, fragmentation Bureaucracies as Regulators Where does the power come from? How does the process work? Deregulation What is it? Why? Controlling the Bureaucracy President’s ability Congress’ ability Iron triangles (issue networks) Congress’ relationship with federal agencies Where the Bureaucracy gets their power Bureaucrat’s advantages in policymaking Civil Liberties 1-3 Unit 3 What civil liberties are “Due Process Clause” Why we have a Bill of Rights Incorporation doctrine/selective incorporation (Barron v. Baltimore) Role of the 14th Amendment in incorporation 1st Amendment Freedom of religion The two clauses and how they differ Examples of each (relevant cases and what resulted) Freedom of Expression Press Prior Restraint (Near v. Minnesota) New York Times v. United States (1971) Speech Public Order What the government can and cannot do (Schenck v. US) Private vs. public property Obscenity What the standards are (Miller v. California) Protection of minors gives government more leeway Issues with the Communications Decency Act Libel and Slander Public individuals (NYT v. Sullivan) Private individuals are more protected Parody Symbolic Speech What is allowed (Tinker v. Des Moines School District, Texas v. Johnson) Freedom of Assembly Time, place and manner (Skokie Nazi March) Private organization’s right to not reveal their membership lists Second Amendment The two cases which led to incorporation (DC v. Heller and McDonald v. Chicago) Third Amendment Not incorporated Civil Liberties 4-10 Defendants Rights (4th-8th) Probable cause Unreasonable searches and seizures (what is and is not allowed) Search warrant Exclusionary rule (Mapp v Ohio) Self-incrimination Miranda v. Arizona Right to Counsel Gideon v. Wainwright Trial by Jury What is not incorporated? Cruel and Unusual Punishment What the real issue is today The two relevant Georgia cases Ninth and Tenth Amendments Federalism States’ Rights Right to Privacy How has this “right” come about? Griswold v. Connecticut The evolution of the abortion issue (Roe v. Wade, Webster v. Reproductive Services, Planned Parenthood v. Casey, Dobbs v. Jackson Women’s Health Organization) Lawrence v Texas Cases Know the basic facts, the results, the reasoning, and the implications Bolded cases are part of our major 14 Marbury v. Madison (1803) in depth McCulloch v. Maryland (1819) in depth Gibbons v. Ogden (1824) US v. Lopez (1995) in depth Printz v. United States (1997) Baker v. Carr (1961) in depth Barron v. Baltimore (1833) Engel v. Vitale (1962) in depth Lemon v. Kurtzman (1971) Wisconsin v. Yoder (1972) in depth Near v. Minnesota (1931) New York Times v. United States (1971) in depth Schenck v. United States (1919) in depth Brandenburg v. Ohio (1969) Miller v. California (1973) Texas v. Johnson (1989) Tinker v. Des Moines (1969) in depth District of Columbia v. Heller (2008) McDonald v. Chicago (2010) in depth Mapp v. Ohio (1961) Miranda v. Arizona (1966) Gideon v. Wainwright (1963) in depth Griswold v. Connecticut (1965) Roe v. Wade (1973) Webster v. Reproductive Services (1989) Planned Parenthood v. Casey (1992) Dobbs v. Jackson Women’s Health Organization (2022) Lawrence v. Texas (2003) Foundational Documents Know these to the depth we dealt with them in class Federalist 10 Brutus 1 Declaration of Independence Articles of Confederation United States Constitution Federalist 51 Federalist 70 Federalist 78
