Some Quotes on Government
“If men were angels no government would
be necessary.”
“A corporation's primary goal is to make money.
Government's primary role is to take a big chunk of that
money and give it to others.”
“Democracy is the only system that persists in asking the
powers that be whether they are the powers that
ought
totobe.
” own oppressor.
Democracy gives every man
the right
be his
“If human beings are fundamentally good, no government is
necessary; if they are fundamentally bad, any government,
being composed of human beings, would be bad also.”
Are people fundamentally good? If so, then
what is the purpose of government?
People
needed strict
control to
survive
English
Civil
War
Violent
Thomas
Hobbes
Believed
people were
cruel, greedy,
and selfish
people accepted
an absolute
government for
order and security
Destructive
Hobbes does
not support
divine right
The power of government
should be limited and
accepted by the people
People are born with
natural rights: life,
liberty, and property
Glorious
Revolution
Peaceful
John
Locke
Believed people
were good
The purpose of
government is to
protect people’s rights
Productive
People have the right
to rebel against a
government that is
not good
Email Question– Read the following two ideas about the
Enlightenment. Which do you think is more important?
Why?
• During the Age of Reason (Enlightenment),
people began to think about the welfare of
society, freedom of the individual and happiness
of humanity.
• Enlightened thinkers saw the most important
duty of the government to be protecting the
rights of the people. They also believed that the
people have the right to rebel against a
government that violates or fails to protect the
rights of the people.
v
Locke
“We the People of the United
States, in Order to form a more
perfect Union, establish
Justice, insure domestic
Tranquility, provide for the
common defense, promote the
general Welfare, and secure
the Blessings of Liberty to
ourselves and our Posterity, do
ordain and establish this
Constitution for the United
States of America.”
If John Locke were asked what
the most important phrase of
the preamble to the United
States Constitution what do
you think his answer would
be? Explain
Our Political Beginnings
• American colonist benefited from a
developing English tradition of ordered,
limited, and representative government.
• This tradition was based on some
important English documents known as
the Magna Carta, and the English Bill of
Rights.
The Coming of Independence
• Great Britain became more involved with the
colonies in the 1760’s
• Twelve of the 13 colonies joined in the First
Continental Congress to plan opposition to
British policies.
• In May of 1775, the Second Continental
Congress began. It became the government of
the United States and produced the Declaration
of Independence.
The Critical Period
• To provide a more lasting plan for
government, the SCC created the Articles
of Confederation.
• The Articles contained many weaknesses
and led to bickering among the States
• The chaos of this critical period led to a
movement for change toward a more
powerful central government at the
Constitutional Convention in May 1787.
Problems with the Articles of
Confederation
Unit I. Constitutional Underpinnings
DQ #3
Constitution Convention
In paragraph form, describe some possible
solutions to the problems posed by the
Articles of Confederation
Constitutional Convention
(summer of 1787)
Unit I. Constitutional Underpinnings
DQ #4
Federalists & Anti-Federalists
Complete the chart on the views of the Federalist & Anti-Federalist
Unit I. Constitutional Underpinnings
DQ #5
On a white sheet of paper draw the diagram
of checks and balances in the Federal
Government.
The Six Basic Principles
Popular Sovereignty
In the United States, all political power
resides in the people.
The Six Basic Principles
Limited Government
The principle of limited government holds that no
government is all-powerful, that a government may do
ONLY those things the people have given it the power to
do.
Constitutionalism: Government must follow the Constitution
Rule of Law: Government and its officers are subject to the
law and not above the law.
The Six Basic Principles
Separation of Power
Powers are distributed and separated
among three branches of government
The Six Basic Principles
Checks and Balances
Each branch is subject to a number of
constitutional checks (restraints) by the
other branches. In other words, each
branch has certain powers witch which it
can check the operations of the other two.
The Six Basic Principles
Judicial Review
The power of judicial review is the power of
courts to determine whether what
government does is in accordance with
what the Constitution says it can do.
The Six Basic Principles
Federalism
The principal of federalism is the division of
power among a central government and
state governments.
The Constitution
1. Preamble
2. 7 articles
3. Amendments
Unit I. Constitutional Underpinnings
DQ #6
In paragraph form, interpret the following
quote by Thomas Jefferson.
“The Constitution belongs to the living and
not to the dead.”
Amendment
• Since 1789, 27 amendments have been
added to the Constitution
• The first ten amendments, known as the
Bill of Rights, guarantee several basic
freedoms.
Unit I. Constitutional Underpinnings
DQ #7
“Quest” Review
• Social Contract Theory
• Purpose of the Declaration of
Independence
• Problems of the Articles of Confederation
• Virginia Plan and New Jersey Plan
• Compromises
• Federalist & Anti-Federalist
• Amending the Constitution
Unit I. Constitutional Underpinnings
Federalism
DQ #7
Describe the findings United States v. Lopez
in the United States Supreme Court.
(pg. 66-67)
Today’s Topics
• Definition of Federalism
• Federal/Unitary/Confederate
Organizations of Government
HW
• Read James Bryce “The
Merits of the Federal
System” (1888) (Civil War
in the 1860’s)
• Complete a five branch
tree-map showing the five
benefits that Bryce writes
about.
• Bring Index Cards
Unit I. Constitutional Underpinnings
Federalism
DQ #8
Without looking at your notes, list the five
benefits of the Federal System that Bryce
wrote about.
Today’s Topics
• The Constitution’s Distribution of Power
DISTRIBUTION OF POWERS
BETWEEN THE ORDERS OF
GOVERNMENT
52
The questions
• What responsibilities are best assigned to the
central government?
• What responsibilities are best assigned to
regional governments?
• What responsibilities are best shared by both
levels of government?
• How much asymmetry possible, or desirable?
• What criteria help us decide who does what?
53
I. Designing the division of
powers
54
Functions and Instruments
• Federal constitutions allocate
responsibility
– In functional areas or spheres of government
activity – education, environment, security,
etc.
– And they allocate tools, or instruments, that
governments can use to shape policy:
• Powers to spend and tax
• Powers to regulate
• Powers to legislate
55
Powers can be allocated in
different ways
• Exclusive powers
– Only one government can act in the area
– Can be exclusively central
– Or provincial
• Concurrent powers
– Both levels can act in the area
– Usually subject to rules of ‘paramountcy’ – if there
is conflict, which prevails?
– Normally, not always, central
– Powers may be explicitly concurrent or implicitly
(overlapping)
56
Legislative and Executive Powers
• Legislative and executive authority can be
combined or separated:
– Combined. The jurisdiction responsible for
passing legislation in a field is also
responsible for implementing it
– Separated. One order of government
legislates and the other order of government
implements
57
Legislative and Executive Powers
• Combined system reinforces autonomy
and legislative control over the executive
(accountability)
• Separated system allows for flexible
application of national norms and requires
intergovernmental collaboration
• But may make it more difficult for citizens
to understand who is responsible and hold
them accountable
58
Many variations
• Older federal constitutions allocate power in
very general ways; newer ones allocate
powers in more detail.
• Residual powers: who is responsible when
the constitution is silent, or when new issues,
not in the constitution, arise?
– US – all residual powers to the states; but in fact
federal Trade and Commerce power and
supremacy clause go the other way.
59
Discuss criteria that should be used when
determining which level of government
should be granted which powers.
II. Criteria for allocating
powers
61
How to decide who should do
what?
There are several criteria that federations can
use to decide on the allocation of powers
– The values and preferences of citizens and
groups
– The nature of the problems that governments
face
– The goal of maximizing citizen participation,
accountability, etc.
– The capacities of governments at different
levels
– Economic efficiency
62
Responding to preferences
• What are the issues or questions that citizens
feel need country-wide, consistent, uniform
solutions (‘’national standards’’)? These should
generally be assigned to the center
– Examples: Health care, Higher Education, Social
Security…
• What are the issues where citizens in different
regions have their own distinctive values and
preferences? These should generally be
assigned to the regions
– Examples: Language policy when there are different
63
languages
Responding to the problems
• Some problems that governments face are
inherently national, or cross regional.
They are normally assigned to the central
government
– Examples: air traffic control, defense, security.
These should be assigned to the center.
• Some problems are inherently local. They
are normally assigned to regional
governments
– Examples: local schools, roads, etc.
64
Capacity: the ability to respond
• If the problem a region faces (e.g. a polluted river) is
caused by the actions of another region (spillovers),or
• If an action one region takes has negative effects on
another (externality) -• then central control is necessary. By itself no region
can solve the problem
• If redistribution (sharing across regions) is desired, this
is also a central responsibility.
• Whatever responsibilities are assigned to regions, it is
essential that they have the financial, political,
bureaucratic and financial resources to carry them out.
65
Emergencies
• Emergency Power: Exists in some countries. A
federal power to override provincial jurisdiction
in certain circumstances. Needs to be carefully
limited
• In new federations, when regions unable to carry
out responsibilities – provisions for central
government supervision, monitoring, intervention
66
Today’s Topics
• The National Bank
• Modern Federalism (Fiscal Federalism)
Why was there such a debate over the
National Bank?
•James McCulloch
•Maryland
Summary Of the Case
 Maryland sued McCulloch saying
that Maryland had the power to tax
any business in its state and that the
Constitution does not give Congress
the power to create a national bank..
 Maryland put a statute imposing a
tax on all banks operating in
Maryland not known by the state.
Arguments
• For McCulloch- The bank was a legitimate
federal function with which no State may
interfere. The Maryland tax on the national
bank, therefore, was unconstitutional.
• For Maryland- As a sovereign State, Maryland
was vested by its people with all authority to
regulate business and to tax institutions inside
its borders.
Supreme Courts Decision
• In an opinion written by Chief Justice Marshall, the Supreme Court
unanimously ruled in favor of McCulloch and against the state of
Maryland.
• The Court also rejected Maryland's argument that the Constitution
did not explicitly allow for a national bank.
• The result is a conviction that the states have no power, by taxation
or otherwise, to retard, impede, burden, or in any manner control,
the operations of the constitutional laws enacted by congress to
carry into execution the powers vested in the general government.
•
•
•
•
•
•
Gibbons v. Ogden (1824)
United States v. Lopez (1994)
Seminole Tribe of Florida v. Florida (1996)
Pintz v. United States (1997)
Mack v. United States (1997)
United States v. Morrison (2000)
• Fiscal Federalism: The pattern of
spending, taxing, and providing grants in
the federal system.
• Categorical Grant: The main source of
federal aid to the state and local
governments. These grants can only be
used for specific purposes.
• Block Grant: Given to states to spend with
more discretion than categorical grants.
• Mandate: To for states to comply with
federal rules.
Commerce Clause
Allows Congress to enact laws to “regulate
interstate commerce.”
Implied Powers
“Necessary & Proper Clause”
Congress can make all laws that are
“necessary and proper” in carrying out
their expressed powers.
Unit II: Political Beliefs and Behaviors
“Public Opinion”
DQ#1
1. Do you approve or disapprove (or unsure) of
the job that Preside Obama is doing?
2. Do you approve or disapprove (or unsure) of
the job that Congress (the legislative branch) is
doing?
3. Is our country heading in the right or wrong
direction (or unsure)?
4. Are you a Democrat or Republican (or
unsure)?
Public Opinion
The populations beliefs about policy
and politics
In order for a democracy to function
correctly the government must be
able to gauge public opinion
Unit II: Political Beliefs and Behaviors
“Political Socialization”
DQ#2
Pg. 185-186 Describes how the family, mass
media, and schools influence a person’s
public opinion. Complete a three branch
tree map discussing how each of these
factors lead to political socialization.
Where do people get their beliefs
about policy/politics from?
• Family
• Mass Media
• School
Family
Mass Media
School
Next Monday?
4:30pm
(Take another practice test. We will use
the AP timing to do both FRQ and MC)
TheExams
The AP Microeconomics Exam and the AP
Macroeconomics Exam are each a little
over 2 hours long. Each exam consists of a
70-minute multiple-choice section and a
60-minute free-response section. Some
questions in the free-response section
require graphical analysis. The freeresponse section begins with a mandatory
10-minute reading period. During this
period, students are advised to read each
of the questions, sketch graphs, make
notes and plan their answers. Students
then have 50 minutes to write their
answers. The multiple-choice section
accounts for two-thirds of the
student’s exam score and the freeresponse section for the remaining onethird.
2nd Half of Government
(Remember 12 weeks instead of 18 because of
testing dates)
2 Weeks Legislative (Test/Notebook)
1 Week Spring Break (There will be work)
2 Weeks Executive (Test/Notebook)
1.5 Weeks Judicial (Notebook)
.5 Weeks (Practice Govt. Test)
The AP United States Government and Politics Exam is 2 hours and 25
minutes long. It includes a 45-minute multiple-choice section consisting
of 60 questions and a 100-minute free-response section consisting of 4
questions.
• The National
Legislature
• The House of
Representatives
• The Senate
• Members of Congress
The National Legislature
• Congress is bicameral, or divided into two houses.
• In the House of Representatives, States are represented
according to population. (435)
• Each State has two members in the Senate (100).
• Congress meets for two-year terms, divided into two
one-year sessions. (We are in the 110th Congress 2nd
Session)
The House of Representatives
• Each member of the House of
Representatives represent a
district of equal population, and
is up for reelection every two
year.
• After each census, seats in the
House are redistributed among
the States, and districts are
often redrawn by the dominate
party in a State’s legislature.
• Congressional districts are
often gerrymandered by the
dominate party in a State’s
legislature.
We live in the California 42nd District
Rep. Gary Miller
The Senate
• The Senate includes 100
members, two from each State,
who are elected to 6 year
terms.
• Senators usually have more
experience, power, and
prestige than their colleagues in
the House. “The most exclusive
club in the world.”
• Senators are protected from
some political pressures
because they serve for a long
period between elections.
Sen. Barbara Boxer & Sen. Dianne Feinstein
The Members of Congress
• Members of Congress are likely to be older and
wealthier than the average American, and most
members are men.
• Members bring a variety of viewpoints and
career backgrounds to Congress.
• Members of Congress juggle a number of roles
by working as lawmakers, party members, and
servants of their constituents.
Unit IV: Legislative Branch
“Powers of Congress ”
DQ#3
In paragraph form, summarize the school
house rock video
Powers of Congress
• The Scope of
Congressional Power
• The Expressed Powers of
Money and Commerce
• Other Expressed Powers
• The Implied Powers
• The Nonlegislative Power
The Scope of Congressional Power
• Congress has only those powers granted
to it by the Constitution. (expressed,
implied, inherent)
• How those powers should be interpreted
and applied-whether strictly or liberallyhas been sharply debated throughout our
history.
The Expressed Power of Money
and Commerce
• The Framers gave Congress the taxing power
and the commerce power (Congress assumes a
great deal of its power of the Interstate
Commerce Clause)- they did not have these
powers in the Articles of Confederation.
• Congress has the power to barrow money and
to create a monetary system for the country.
Other Expressed Powers
• Congress shares power with the President on
matters of defense and foreign affairs.
• Congress has the power to declare war, this is
not a power of the President.
• Congress regulates several matters that affect
everyday life- including such things as mail,
weights and measures, and copyrights and
patents.
The Implied Powers
• Congress has a number of powers not set
out in so many words in the Constitution
(Welfare, Social Security, Interstate
Highways, etc..)
• What Congress can and cannot do in the
exercise of its implied powers has been
and remains the subject of intense debate.
Nonlegislative Powers
•
Congress man propose amendments to the Constitution with a 2/3 vote in
both chambers.
•
The House of Representatives decides a Presidential election if no
candidate win a majority of electoral votes. (Thomas Jefferson and John
Adams are the only Presidents whom this method has been used for).
•
The House has the power to impeach (accuse) the President of a crime and
the Senate has the power to convict (remove) a President from power
(Clinton was impeached, but not convicted. President Andrew Johnson was
impeached but not convicted).
•
The Senate has the power to accept or reject major Presidential
appointments (ex: Supreme Court Justice), and to approve or reject treaties.
•
Congress may investigate any matter that falls within the scope of its
legislative powers. (ex: steroids in baseball)
Congress in Action
• Congress Organizes
• Committees in
Congress
• How a Bill Becomes a
Law: The House
• The Bill in the Senate
Unit IV: Legislative Branch
“Powers of Congress ”
DQ#4
How are committee assignments
determined?
Committees in Congress
•
Most work in Congress is divided among committees that focus on special areas like
national defense, the budget, agriculture, education, environment, etc. (standing
committee). Subcommittees have become less important over recent years.
•
Both houses may create special select committees, which are special, often
temporary bodies (steroids in baseball).
•
Join committees are composed of members of both Houses.
•
Most work of legislative work is done committees, and this is a time when lobbyist
have a huge influence over the process.
•
Committees allow an opportunity for members to add “Pork” to legislation.
•
The powerful House Rules Committee can speed, delay, or even prevent House
action on a bill. The rules for adding a amendment (rider) to a bill are much stricter in
the House than the Senate.
The House Rules Committee
• http://rules.house.gov/
• Closed rules set time limits on debate and
restrict the passage of amendments; open rules
permit amendment from the floor of the house.
In the US Congress the passage of legislation
through the House of Representatives is
controlled by these rules, which are set by the
House Rules Committee.
How a Bill Becomes a Law:
(assume starts in House)
• Only a member can introduce a bill in either
house. (All revenue bills must be introduced in
The House)
• Bills are referred to standing committees, and
are usually considered in subcommittees.
• Bill approved by the appropriate committee and
the Rules Committee are given floor
consideration in the House. (most bills never
make it out of committee)
• Measures that win House approval are sent to
the senate for their approval.
The Bill in the Senate
• Debate in the Senate is largely unrestricted.
• The Senate’s dedication to free debate gives rise to the
filibuster- the tactic of “talking a bill to death.”
• Once the bill is then approved in the Senate it is sent to
the Conference Committee that will workout any
differences in the bills.
• After both houses approve the bill it is sent to the
President.
• The President can sign the bill, allow it to become law
without his signature, veto it, or apply a pocket veto.
• Congress can override a veto with a 2/3 vote in both
houses.
Unit IV: Legislative Branch
Passing a Bill
Using a flow-map write the steps of a bill
becoming a law. Try not to use your book
or any notes.
Incumbency Advantage
•
•
•
•
•
•
•
Advertising
Credit Claiming
Position-Taking
Weak Opponents
Campaign Spending
Franking Privilege
Gerrymandering
Advertising
Members are much more visible to the
public than those who are not elected
officials. Incumbants are more likely to
have their name in the paper or for people
to see them at a community event.
Credit Claiming
Members can enhance their relationship
with their constituents through service to
individuals and the district.
1. Casework
2. Pork Barrel
Position Taking
Members take a position on issues that are
important to their constituents. This can
either help them or hurt them (moderate
Republicans that voted for health care).
Weak Opponents
Members often time face weak opponents
who are less experienced, lack funding,
lack name recognition, etc.
Campaign Spending
Incumbents have an obvious advantage in
raising money.
Franking Privilege
Members of Congress get to send free mail
to their constituants.
Gerrymandering
Districts are often drawn in ways that make
them not competitive. (ex: it will be very
hard for a Democrat to ever win the CA-42)
Unit V: Executive Branch
DQ
1. Turn in Packet from Unit IV
2. Check Grades to reflect corrections from test
scores. (All grades should be up to date and
accurate except essay and packet)
3. Use Pg. 394-395 to make a chart of the last 10
Presidents. Include name, party, and how
many terms they served (1 or 2).
The Presidency
(Executive Branch)
Article II of The Constitution
• Qualifications
• Presidential Succession
and the Vice
Presidency
• Presidential Selection:
The Framer’s Plan
• Presidential Nomination
• The Election
Qualifications to Become President
• The Constitution outlines the formal
qualifications for the presidency. (35 years
old, naturalized citizen)
• Presidents are limited to two four-year
terms. (22nd Amendment, 1951)
Presidential Succession and the
Vice Presidency
• The Constitution provides for an orderly
succession of power if the President dies or
leaves office.
• The Constitution provides for the transfer of
power should the President become disabled.
(25th Amendment, 1967)
• Although the vice presidency is often belittled,
the Vice President is a “heartbeat away” from
becoming President.
Current Order of Succession
Presidential Selection: The
Framer’s Plan
• With the election of 1800, political parties
began to control the nominating process.
• The Framers created the electoral college
for the choosing the President and Vice
President. (Pg. 365)
270 Electoral Votes to Win!!!
Unit V: Executive Branch
DQ
Describe two criticisms (problems) with the
electoral college system.
`
President Obama & British Prime Minister
David Cameron
Do we have the right balance of checks and
balances and gridlock in our country?
Think of the other options, dictators,
parliamentary system etc…
Unit V: Executive Branch
DQ
Practice FRQ
What were the founding fathers fears about an
executive branch? What side of the debate
seem to win out? Are the President’s powers
today smaller or greater than our founding
fathers had envisioned?
(Pg. 397-398 & Outline that I handed out)
Group Decision
Have Presidential powers
gone beyond what the
founding fathers had
envisioned?
Unit V: Executive Branch
DQ
POP QUIZ
(Take out a clean sheet of paper and a
writing utensil)
Presidential Powers: An Essay
List and describe three ways that
President’s have expanded their power
since the creation of our Constitution.
The Presidency in Action
• The Growth of
Presidential Power.
• The President’s
Executive Powers.
• Diplomatic and Military
Power
• Legislative and
Judicial Power.
The Growth of Presidential Power
• Article II of the Constitution created the
presidency and gives the President certain
expressed powers.
• Yet Article II is remarkably brief, leaving
Americans to debate whether the Framers
intended the presidency be relatively strong or
weak.
• Since the nation’s founding, the power of the
presidency has grown significantly.
• The power a President exercises depends on
his views about the office and how he interprets
Article II.
The President’s Executive Power
• Article II gives the President the power
and responsibility to “execute the laws.”
• The executive power gives the President a
great deal of flexibility in deciding how
laws are carried out.
• Among the President’s key powers are
those to appoint and remove top federal
officials.
Diplomatic and Military Powers
• The President shares treatymaking and foreign policy
powers with Congress.
• Certain diplomatic powers may
be carried out without the
approval of Congress;
increasingly, Presidents have
made use of these powers.
• As commander in chief of the
armed forces, the President
possesses almost unlimited
military power.
Legislative and Judicial Powers
• The Constitution gives the President important
legislative and judicial powers as part of the
system of checks and balances in the Federal
Government.
• The President’s key legislative powers are to
submit legislation for Congress to consider and
to reject legislative that he opposes.
• The Constitution gives the President several
powers of clemency- powers with which he can
show mercy to those convicted of federal crimes.
Or WW Season 5 “shutdown”
4/19 “The Executive Branch”
1.
2.
3.
4.
2010 #1
2009 #1
2009 #2
2009 #3
Old vs. New
•
•
•
•
OLD
1857 First Paid Secretary
1901 Secret Service Bodyguard
1921 First Budget for President
Old vs. New
• NEW
• Huge Staff
–
–
–
–
–
–
–
–
–
–
–
Chief of Staff
Cabinet
Communications
Policy (Budget, Military, etc)
Legislative Strategy
Speech Writers
Press Secretary
Personal Assistant
Secret Service
Etc.
Cooks/Maids/Gardeners
• Air Force One, Marine One, Limos, etc.
Propinquity
(Those that are closet to the President wield the most influence/power)
• White House Office
• Executive Office
• Cabinet
White House Office
(WHO)
• Presidents Daily Advisors
• Can be hired or fired at will by POTUS
• Chief of Staff is usually a close friend or longtime
advisor to POTUS. Considered to be one of the
most powerful positions in the country.
• 3 Methods Staff Organization
– Pyramid: Report through hierarchy (Chief of Staff)*
– Circular: Staff reports directly to POTUS
– Ad Hoc: task force, committees, groups of
friends/advisors report to POTUS.
Executive Office
(EO)
• Office of Management and Budget* (most
important and becoming more partisan)
• Central Intelligence Agency
• Council of Economic Advisors
• Office of Personal Management
• Office of the U.S. Trade Representative
The Cabinet
Obama’s Cabinet
• http://www.whitehouse.gov/administration/
cabinet
The Cabinet
• Do not have as much direct contact with
POTUS.
• They are often times selected by a
President for political reasons.
(Race/Religion/Etc.)
4/20 “The Executive Branch”
Quick Review
• Electoral College (What if no candidate
wins a majority?)
• Presidentialist vs. Congressionalist
• President’s Coattails
Getting Going…..
•
•
•
•
•
•
•
From campaign to inauguration
Presidential Appointments
Economic Plan
Defense Plan
Diplomatic Agenda
Domestic Agenda
Etc.
Who has input on the plan?
•
•
•
•
•
•
Aids/Advisors
Interest Groups
Cabinet Leaders
Academics
Party Leadership
Pollsters
What kind of plan?
• Focus on a lot?
• Focus on a few big issues?
Leaking Ideas
• The President can
“leak” ideas through
his advisors to test
the reaction
How can POTUS get people to
support his plan?
What limits the power of POTUS to
implement his plan?
•
•
•
•
Crisis
Federal Budget
Adverse Public Opinion
Politics
Crisis
• 911, Vietnam War, World War II, Stock
Market Crash etc….
• Events that are outside of the control of
POTUS can limit their ability carryout their
plan.
The Federal Budget
• The budget contains certain entitlement
programs (Social Security, Medicare) that
can be changed without causing huge
political turmoil.
• Recessions/Depressions limit revenue
Adverse Public Opinion
• Low polling numbers about plan
• Protesting
Politics
• Divided Government
• Approval Rating
• Party Support
4/21 “The Executive Branch”
Quick Review
• Why does the statement in Article II that
says that POTUS has to “take care that
the laws be faithfully executed” so
important?
• Did Bill Clinton’s impeachment have a
positive or negative impact on his approval
ratings?
• Why did it become more difficult starting in
2011 for Obama to enact his program?
A complex web of federal agencies with
overlapping jurisdictions.
• Almost no mention in the Constitution
– POTUS appoints heads of executive agencies and are subject to
the approval of the Senate.
• Both Congress and POTUS are given control of the
Bureaucracy.
• Federal jobs in the bureaucracy were once given by
patronage, or appointments based on political
consideration.
• The Pendleton Act of 1883 moved from a patronage
system to a merit system.
• The Great Depression, New Deal, and World War II, and
increased income taxation led to the growth of the
Federal Bureaucracy during the 20th century.
• Huge increase in discretionary authority,
or the ability of federal agencies to set
policy or to choose a course of action that
is not clearly set out in statutory law (law
made by Congress).
• Some of their main functions are to:
– Pay subsidies to organizations (farm, etc.)
– Transfer money from federal government to state or local
government.
– Enforce government regulation.
• Employees of the federal government or
agencies that are not elected officials.
• Hired and fired on the basis of merit.
• They tend to be from a cross section of
American society.
• They serve at the pleasure of their boss, not
their own personal attitudes.
• The relationship between a Congressional
Committee, an interest group, and the
bureaucrats is considered the “Iron Triangle.”
• The power of Congress to oversee the
bureaucracy is fundamental to the system
of checks and balances.
• No agency can exist without
Congressional approval.
• No money can be spent unless Congress
authorizes it.
• Congress can investigate or hold hearings.
• Red tape: too many complex rules
• Conflict: Executive agencies often
disagree with each other.
• Duplication: Two agencies seem to be
doing the same thing.
• Imperialism: Agencies tend to grow
without regard to cost/benefit.
• Waste: Agencies spend more than is
necessary.
• FRQ Tomorrow
• MC Monday
Article III: The Judicial Branch
TURN IN PACKETS BY GLOBE!!!!
Write Q & A
1. What is the date of Government AP Test?
2. What is the date of the Economics AP
Test?
• AP Gov = May 10th (morning in Hideout)
• AP Econ = May 12th (morning in Hideout)
• Monday May 9th @ 4:00PM-6:30PM
PRE-REGISTRATION FOR
AP TEST
• WED & THURS
Wednesday
& Thursday
@ Lunch in
Hideout
Article III: The Judicial Branch
Judicial Review
The power of the courts to determine the
constitutionality of the acts of government
makes the Supreme Court the
final authority on the meaning of the
Constitution.
Marbury v. Madison (1803)
Principal of Limited Government
The principal of limited government is often
called constitutionalism- the instance that
government must be conducted according
to constitutional principals, the government
itself must obey the law. All of
government, every public official, and
every public agency at every level in this
country is bound to honor the principal of
limited government. The courts, however,
stand as chief defender of that principal.
Principal of Checks and Balances
The Constitution guarantees the
independence of the federal judiciary.
Federal judges are appointed by the
President, subject to confirmation by the
Senate. The Constitution says that they
“shall hold their offices during good
behavior”- in effect, for an unlimited term.
The Federal Court System
• The Inferior Courts
• The Supreme Court
The National Judiciary
• The Framers created a national judiciary
consisting of a Supreme Court and inferior
courts to be created by Congress.
The National Judiciary
• The federal courts below the Supreme
Court are known as inferior courts.
The Inferior Courts
• The 94 U.S. district courts handle about 80
percent of the federal caseload, they have
original jurisdiction over most federal
criminal and civil cases.
• The 12 federal appeals courts have
appellate jurisdiction only.
The Supreme Court
• All federal and most State courts have the power of
judicial review, deciding the constitutionality of an act of
government.
• The U.S. Supreme Court has both original and appellate
jurisdiction, but usually hears cases on appeal; the court
decides only a handful of cases each year.
• The Supreme Court is in session from October through
June, it hears oral arguments, studies written briefs,
meets in conference to discuss cases, and renders
majority, concurring, and dissenting opinions on a case.
Article III: The Judicial Branch
DQ
Write Q & A
Explain the concept of “Judicial Review.”
What landmark Supreme Court case
gave the Judicial Branch the power of
“Judicial Review.”
PRE-REGISTRATION FOR
AP TEST
• WED & THURS
Wednesday
& Thursday
@ Lunch in
Hideout
• The original view of the founders were
known as “strict constitutionalist” which
meant that judges were bound to follow
the exact wording in the Constitution.
• Over the next decades more activist
judges took the bench that tried to
interpret what the main ideas of the
Constitution were.
• All Federal judges are nominated by the President and then
confirmed by the Senate.
• POTUS almost always nominate someone of their own political
party.
• Since the 1980’s the Senate has held up more and more
appointments leaving vacancies throughout the court system.
• Senatorial Courtesy: The Senator in the state where the opening is
can “blue-slip” or “veto” a nominee. (has been criticized for putting
too much power in the hands of that Senator)
• Litmus Test: A test of ideological purity. They will review
papers/decisions/speeches etc. to make sure the judge believes in
their ideology.
• There is only one opening for “Chief Justice” of the court. (John
Roberts)
Article III: The Judicial Branch
DQ
Write Q & A
Do you think a “Litmus Test” is appropriate
in the selection of Federal judges?
Explain your answer.
PRE-REGISTRATION FOR
AP TEST
• WED & THURS
Wednesday
& Thursday
@ Lunch in
Hideout
1. John Marshall & The Growth of Judicial
Review (1801-1835):
 Many argued that Marshall and the Court tried to
put themselves above Congress.
 It is during this time the Court assumes their
power to decide what is Constitutional and what
is not.
 Marbury v. Madison
2. The “Nine Old Men” (New Deal Era):
FDR’s New Deal

Conservative judges opposed
policies dominated the Court.

The Court struck down the National Industrial Recovery Act
in 1935.
 Poulty Corporation v. The United States (1935) found that
Congress could not regulate local business that did not
impact interstate commerce.
 FDR tried to “pack the court” but Congress did not
approve (checks & balances)
 This became irrelevant as two of the justices began
switching their votes in favor of the legislation. “Switch in
time that saved nine.”
3. The Warren Court (1953-1969)
 Chief Justice Earl Warren

Was active in finding much of the new
social and civil rights legislation
(desegregation, voting rights, etc.)
 The Warren Court was hated by
Republicans and Conservatives.
4. The Burger Court (1969-1986)
 Warren E. Burger
 Appointed by Nixon
 Was more conservative than Warren
Court, but overall was balanced
 Roe v. Wade (1973) (allowed abortion)
 US v. Nixon (1974) (Nixon could not use
executive privilege to stop the release of
the White House tapes)
5. The Rehnquist Court (1986-2005)
 Chief Justice William Rehnquist
 Provided a clear conservative majority.
 Bush v. Gore (2000): Decided the 2000
Presidential election. Many have heavily
criticized the court for getting involved in this
issue.
 Was noted for decisions that limited the rights
of the Federal Governments over the states
 US v. Lopez (1995): The Federal Government could not make
a law banning handguns in schools, only the states could do
that.
6. The Roberts Court (2005-Present)
 Chief Justice John Roberts (Bush)
 Current Court:









Chief Justice Roberts (C)
Scalia (C)
Kennedy (C)
Thomas (C)
Alito (C)
Ginsburg (L)
Breyer (L)
Sotomayor (L)
Kagan (L)
Possible Judicial Branch FRQ
The federal courts have played a larger role in our
government over time. With respect to TWO of
the following issues, explain how the court
changed the role of the federal government:
A. Slavery
B. The Economy
C. Civil Liberties
D. Federalism
Jurisdiction of the Federal Courts
• Federal courts can hear all cases involving The
Constitution, federal law, and treaties.
• Can handle disputes between two states.
• Can handle disputes between citizens from different
states.
• Some cases (murder of an FBI officer) can be heard in
State or Federal court.
• Most criminal law is State law that the Federal courts do
not have jurisdiction over.
• EXTRA: Bankruptcy falls under the jurisdiction of the
Federal Courts.
How does the U.S. Supreme Court decide
whether to hear a case?
•
•
•
•
•
In the usual course, a party seeking review in the U.S. Supreme Court will file a
petition asking the Court to issue a writ of certiorari. This is simply a request to
review the case. This petition will include a copy of the lower court's opinion and a
brief. A brief states why the Court should agree to review the decision. The other
party may file a brief in opposition to the petition. The Court will then either deny the
petition (its action in most cases) or grant it, and if granted, require the federal or
state court to transmit the record of the case to the U.S. Supreme Court for its review.
In his book The Supreme Court: How It Was, How It Is (New York: Morrow, 1987),
Chief Justice William H. Rehnquist describes the process of selecting which petitions
to grant as being influenced by the justices' views on a few major factors:
1. if the decision is from one of the federal courts of appeal, whether it is in conflict
with the decisions of other circuits;
2. the general importance of the case; and
3. whether the lower court's decision may be wrong in light of the U.S. Supreme
Court's previous opinions.
4. When a states highest court finds federal or state law unconstitutional.
“Rule of Four”
In order for the Supreme Court to grant a
petition for a writ of certiorari at least four
judges must agree.
How does the “trial” work?
• Lawyers submit pages of “briefs” that
explain their argument to the court.
• Lawyers from each side of the case are
given 30 minutes each for an oral
argument which usually consist of
questions from the justices.
– The “Solicitor General” is in charge of leading
the case for the United States when the US is
a litigant in the case.
How is a decision reached?
• The judges will meet (usually Wednesdays
and Friday when the court is in session
October-June/July) to vote on their
decisions on cases that have been heard.
• The most senior Justice in the majority
opinion will decide what judge will write the
majority decision and dissenting opinion.
(Other judges can also write concurring
opinions)
•
•
•
•
Slavery
The Economy
Civil Liberties
Federalism
Possible Judicial Branch FRQ
The federal courts have played a larger role in our
government over time. With respect to TWO of
the following issues, explain how the court
changed the role of the federal government:
A. Slavery
B. The Economy
C. Civil Liberties
D. Federalism
Slavery
• Dred Scott v. Sanford
– Found that slaves were not citizens and were
property. Even if a slave makes it to a free
state they are still considered property and
not free. This greatly increased tensions
before the Civil War.
The Economy
• The courts have expanded the
governments role in the economy.
• They have upheld
– The right of a national bank
– Railroad regulations
– Child-labor laws
– Minimum wage
– Etc.
Civil Rights
• Plessy v. Ferguson (1896)
– Separate but equal was allowed.
• Brown v. Board of Education (1954)
– Held that’s school segregation was illegible.
(Overturned Plessy v. Ferguson)
• Roe v. Wade (1973)
– Upheld a woman's right to privacy with her
doctor, which opened the door for legal
abortions.
Federalism
• McCulloch v. Maryland (1819)
– Established the implied powers of Congress and the
national supremacy of Congressional Acts.
• Brown v. Board (1954)
– Did not allow southern states to segregate schools.
• More recently (since 1990) there have been
cases that have given more rights back to the
states.
– States rights when it comes to defining marriage and
divorce.
– US v. Lopez (1995)
• Can not make a Federal law banning guns in schools.
Common Problem w/ the Courts
• The court has no enforcement power.
Those powers come from the legislative
and executive branches.
Possible Judicial Branch FRQ
The federal courts have played a larger role in our
government over time. With respect to TWO of
the following issues, explain how the court
changed the role of the federal government:
A. Slavery
B. The Economy
C. Civil Liberties
D. Federalism
Article III: The Judicial Branch
DQ
Name three ways that
Congress can “check”
the powers of the
Court?
How can the federal courts “make
policy”?
• They get to interpret the Constitution or law.
(130 laws have been declared unconstitutional,
260 prior court decisions have been overturned).
• The can “extend the reach” of existing laws.
• The courts have provided “solutions” to
problems.
Judicial Activism
• Judicial Activism is when judges make
broad policy decisions when deciding
cases.
Examples
• The following have been cited as examples of
judicial activism:
–
–
–
–
Brown v. Board of Education (desegregation)
Roe v. Wade (abortion)
Bush v. Gore (2000 election)
Perry v. Schwarzenegger 2010 (district court ruling to
overturn California’s ban on same sex marriage)
• This case is still going through the court system.
– Citizens United v. Federal Election Commission (2010)
• Overturned Congressionally enacted corporate spending on
campaigns.
Arguments for Judicial Restraint
• Judges are not elected officials.
• They lack expertise in law making.
• They are not held accountable by the
people.
Checks on Judicial Power
• Judges must be appointed by POTUS.
• Judges must be confirmed by Senate.
• House can impeach and the Senate can
have a trial for judges that break the law.
• The Constitution can be amended.
• Defying public opinion can be dangerous
for the legitimacy of the Court.