AP U.S. Gov’t Review
CRRRRRUUUUNCH
TIME!
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A. Review coverage
I. Constitutional Underpinnings +Fed = 515%
II. Political Beliefs + behavior = 10-20%
III. Political Parties SIG + Mass Media = 1020%
IV. Institutions = 35-45%
V. Public Policy = 5-15%
VI. Civil Rights + Civil Liberties = 5-15%
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B. Exam Breakdown
60 MC questions – ½ of total score – 45 mins
II. Essays – 4 free response in 100 minutes
Each essay is worth 1/8 of total score . . .
Or a combined total of 50 % of total.
I.
Essays can cover either separate components
outlined previously or combine elements or
factors discussed in part A. See adjoining
sheet for possible themes or subject matter.
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Examination Tools
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2.
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4.
5.
Text book
Note
Peers
Review materials
And the old guy. . .
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I. Constitutional Underpinnings
What is the purpose of Politics?
A.
1)
2)
3)
A conflicting state where one Selects leaders
Leaders work w/in institutions
To make. . .
Answer: Policy
B. 1. System - Define democracy –
answer: it selects + formulates policy which represents
+ responds to the public preferences.
a. Theory encompasses 5 elements:
(1) equality in voting
(2) effective participation
(3) Enlightened understanding - plethora of ideas. . .
(4) citizen control of the agenda.
(5) inclusion of all who are willing to participate.
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b. Majority rule w/ minority rights. An issue of
“power” .
What is a majority . . .
Majority = An acculumalation of minorities
B. Who really Governs?
(1) Pluralist theory –
competition among groups .
(2) Elite + Class Theory –
Class splits . . .Big Business rules!
(3) Hyperpluralism –
Groups divide gov’t, making it ineffective. . .
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C. Political theorists represent theories
Hume –
Human nature that man was evil. . .Gov’t by the many
with negotiation and compromise promoting a union +
eventually establishing a republic.
2. Hobbes –
one needs an inherited monarchy to promote the
legitimacy of gov’t. Absolutism rules. . .Self interest is
nat’l interest.
3. Locke –
1689 - social contract theory - Life, liberty and property
- Consent of the gov’t by Parliament( few) who had
a stake in society because it represented people of
property. . .poor people don’t lose much when life
deteriorates.
4. Rousseau –
Rule by all - a complete democracy -1.
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Rousseau Hume
Locke
Hobbes
All
Many
Few
One
hyperplurlism plurlism Elite/class Absolute
The above is a . . . .
Political spectrum!
D. When one governs, one seeks power -Define:
Ability to persuade someone else that it is in
their (self)ish interest to follow you.
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Power Distribution
1. Power can be distributed three ways in a
democracy:
(a) power elite - (Hobbes) - Representative
Democracy
(b) political elite- (Hobbes + Locke) Participatory democracy
(c) majoritarian rule- (Locke or Hume) Direct
Democracy
(d) Mob rule - Rousseau
2. What does one do with power? --Make Policy: - Actions of Gov’t. . .
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Revolution + the 1st Constitution
Articles of Confederation
A ). What could it do And worse. . .what couldn’t
it do. . .
What showed it’s the A+C true weaknesses –
Shay’s Rebellion
The second Constitution:
a. Equality
1)Representation is established by what type of
Gov’t?
Anwer: (REPUBLICAN) –
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New Jersey Plan offered what?
(= represent)
Virginia Plan which offered?
(prop. representation )
led to which agreement?
Connecticut Compromise: that offered:
US Senate ( 2 Senators per state) US
House - (Reps per population of state)
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2) slavery - South wanted all males counted?
Three-fifths compromise. - A show stopper
b. Who can vote –
Property owners vs. disenfranchised.
Who controlled elections?
Answer. States set election laws. Why?
c. Economics – Who will control?
Congress shall rule + it will build the
infrastructure (Post offices to taxationArticle I)
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d. Individual rights
Constitution lacked in this area- show stopper
although the Constitution did mention six issues:
1) Writ of habeas corpus
2) bill of attainders
3) ex post facto laws
4) religious preferences to hold office
5) treasonous offenses
6) trial by jury
But were we being ruled by “men” or by laws . . .
to protect us from these “men” wanted the ???
the Bill of Rights was added to protect us from
gov’t. . .a recollection of all the ills that the
colonists resided under British rule.
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e. Popular sovereignty? What is it?
Answer> ability to control one’s destiny
f. Checks + Balances? What is it?
Each branch oversees the other
g. Separation of Powers . . .
Who wrote the doctrine?
Montesqueiu. . .What does it mean?
Each branch has a certain function?
h. What was the purpose of the B Of R?
Answer: Protect one from gov’t
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Ratification
States voted- - -only needed ? states to ratify
9 (A of Confed needed ? approval to amend)
unanimous
a. Federalists v. Anti-feds (1) issue -- the 2nd Constitution was a “class-based
document that benefited only the economic
elite!
(2) fundamental liberties! Were the Bill of Rights
enough?
(3) Federal $$$$$. . .diminishes State $$$$$.
Result – Who ratified the constitution?
State special conventions would ratify, not state
legislators
-
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9. “Changing” the ConstitutionAmendment Process
a. Formal process – 2 steps?
(1) proposal – Vote
(1)
2/3 of each Congress or National convention
(2) Ratification
- 3/4 of state leg or spec convention
(3) - 27 Amendments - taxation to congressional salaries
b. informal process- 4 ways
(1) Federal court decisions - Marbury v. Madison
(2) Changing political practices - Dems v. Reps
Liberals v. Conservatives
(4) Domestic politics to foreign politics. Policy makers carry
big sticks in implementing policy.
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Federalism
Define – a decentralization of gov’t. -- a “sharing of the
wealth” + gov’t power.
1.
DELEGATED powers belong to; Feds rule - Make war
INHERENT –
1) all gov’t possess these pwrs. . .immigration
(b) Expressed – (Enumerated)
1) Stated specifically . . .Congress makes law
(c) Implied
1) (Makes expressed powers work) – Congress establishes
a civil service system to hire federal workers.
-
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b. Concurrent POWERS
shared power.
i.e. education, taxation, Safety
c. reserved POWERS
states rule - welfare, local education control, local gov’ts,
professional licensing.
2. Who shall rule in conflict – Where in the Constitution:
Art VI- Supremacy Clause - and Implied powers of
national gov’t upheld with . ..
McCullogh v. Maryland. Established the which clause?
“elastic clause” that gave the Congress the >>>
Necessary and Proper Clause (implied powers) to enact
policies to run the country!
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3. If not stated- states have the rights Which Amendment? 10th
4. Commerce power – Court Case?
Gibbons v. Ogden . Interstate +
international commerce . Congress rules!
5. Full Faith and Credit clause –
One state’s validity carries over state
borders - i.e. marriage licences.
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6. From Dual to cooperative federalism
-
a. Education sets the stage for both the Feds + states to
work together in “fiscal harmony”
b. “Shared Costs” of Fiscal federalismc. Grant-In-Aid
Feds sell land to fund programs!
d. Categorical grants –
specific $$ for specific projec w/ strings attached. . .nondiscrimatory - Cross cutting requirements - Offenders
lose it all!
(1)Project grants –
competitive requests
(2) Formula grantDo you meet the formula. i.e. public housing,
employment programs
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e. Block grants –
social service endeavors w/ less strings
attached. SIGS pursue the $350 billion
f. Mandates –
Feds dictate specific guidelines. . .if don’t
comply, penalized or lose the funding. . .
Special ed, Disability Act, Clean Air.
Medicaid
(a) unfunded mandates. . .
Laws w/o funding. . .
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Practice Essay




6. The United States Constitution has endured
for more than two centuries as the
framework of government. However, the
meaning of the Constitution has been
changed both by formal and informal
methods.
(a) Identify two formal methods for adding
amendments to the Constitution.
(b) Describe two informal methods that have
been used to change the meaning of the
Constitution. Provide one specific example
for each informal method you described.
(c) Explain why informal methods are used more
often than the formal amendment process.
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Essay Rubrics #1
Hse + Sen Proposal w/ supermajority
or special convention . . . State Leg confirm
with 38 or spec convention.
b. Need two 0f five informal methods
c. Informal is easier and can happen daily,
especially w/ court cases. Formal does
provide more of a thorough legislative
process. . .just not a judicial whim.
a.
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Practice Essay #2
The US has evolved from a system of dual
federalism to a system of cooperative
federalism. In the past two decades, some
powers have devolved from the federal gov’t
to the state gov’t.
a.
Identify and explain one factor that led to the
nat’l gov’t having significantly more power
than the states.
b.
Identify and explain one factor that led to
cooperative federalism.
c.
Identify and explain one factor than led to
devolution.
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Essay #2 Answer
a.
b.
c.
Court rulings: McCullogh v. Maryland
(Elastic clause and N+P + Clause .
States can’t tax (2 pts)
Grants in Aid encouraged state dev;
Medicare handouts but they all come
with “conditions of aid. (2 pts)
Debt load, more state right advocates.
TANF program was once a categorical
grant but now it is a block grant. 2 pts
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II. Political Culture
How does one determine the socialization
of the American constituent?
1. Six factors
a. Tradition + customs
b. Impact of events
c. Changes in the way of political elites
d. families
e. school
f. relationships (as the paradigms shift)
A.
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2. WHO establishes our political value
system. . .Who sets the agenda?
a. SIGS
b. Political institutions
c. Media “The New Parent” (hand out
media handout)
d. family
e. Social Economic Stratification (SES) as one
grows older.
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B. America’s Demographics: Who are we?
1. Demographics . . . Deal with what?
a. gender
b. occupation
c. Race
d. religion
e. SES - social class
2. How does one determine demographics?
Census building - It will happen every 10 years. How does it impact
us “politically”?
a.Congressional apportionment / Electoral College
b. Redistricting
c. Block grant distribution
3) Minority/majority is influencing the great melting pot. by 2050 Whites will be only 52% of society
Who is the largest minority?
Hispanics
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4. What Act requires employers to document the
citizenship of employees or face fines?
Simpson/Mazzoli
3. How has the shifting of America occurred?
from Frost Belt to Sun Belt: (SW, SE and Texas
dramatic population increases(20% growth
rates) while North has 5% growth) How has this
impacted the American political scene?
Answer: Congress + reapportionment; Red + Blue
states . . .more
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4. GRAY POWER –
Baby boomers graying rapidly. How has this
impacted the political landscape?
Answer: they wish to collect their $5 trillion
in Social Security benefits! -Their SIGS possess clout - i,e,
AARP, others.
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c. How does one gauge America’s
pulse?
POLLING1. Early 1950’s George Gallup “Polled” a microcosm of American
political thought . . . What scientific device?
- a Sample -the more “random” the better. . .????
everyone has a chance of being selected. . .
b) Biased samplestated preference
c) representative sample .
i.e. Democrats only
2. Samples are not perfect -- ???
sampling error . . .
1-5% error rate per 1,-000- 2,000 responses. . .The bigger the
sample. . . .the less the sampling error.
3. random-digit dialing speeds up the process!
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How do Polls assist politicians . . .
detect public preferences. . .
b.
Are their shifts in thinking . . .creating possible
“shifts” in policy making.
c.
It has become the issue of selling policy instead
of possibly doing what’s right!
d.
Avoiding compromises to appease radical shifts!.
Politicians love them when they agree with
them, they hate them when they disagree.
5. Bandwagon effects is . . .
jump on board. . .instead of doing what’s right!
a.
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6. What is an Exit poll ?
QA voters after they vote. What’s wrong w/
them?
- Can control elections, East votes earlier
than west.
7. What is a push poll?
Answer: Opponent asks a negative Q late in
campaign and the contender doesn’t have time
to respond.
8. Polls can show 3 items. . .
a. relevancy, or salience of a topic + intensity
b. stability
c. direction. . .positive or negative
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d. Liberals + conservatives?
Size of gov’t
`Liberals
`Conservatives
Nat’l, fed big govt, centralized
small. . .state. .
.decentralized
(b) Change
progressive
status quo
(c) international diplomacy
a)
Coalitions
(d) View of man

Isolationists + Security
Can be cured
Evil, needs order
(e) Use of violence to maintain order
Changing environment
disciplinarians
2. True Liberals
a) Blue dogs –
Conservative Democrats, Dixiecrats
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Reagan era shift to the right. . .Clinton era
shift to the left, then to the middle. .
.Bush era – Right . . . Politically. . .what
is this called?
Re-alignment of political ideology.
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D. Political participation: The many forms-How: 8 ways to participate.
1. Voting. Only 50% vote in nat’l elections. Voters see a
lack of political efficacy?
Answer: not being able to politically “effect” society
through the political process.
They have no influence. . . (T-19)
2. Join SIGS
3. Give $$$$ to SIGS thru PACS
4. Become a political elite
5. Contacting gov’t officials on a regular basis
6. Working on a campaign
7. civil disobedience
8. Violence
Who participates more?
higher SES participate more. . . and get more!
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E. Mass Media:
Fourth Estate (Mass Media) –Power originates . . .
2.
1st Amendment provides the incentive to report the
“News” which is . . . .
a timely occurence that “informs the public”.
2. What is a “Media Event. . .
Get your name or picture in print or on the tube! either
through “news” events or paid advertising!
Often Politicians “make” news to get on the news.
3. What is a “Spin Master”?
Person hired specifically to promote the image of the
candidate! i.e. Reagan era advice:
1.
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7. Competition in the medias has forced
them to be much more aggressive and
“bend” the journalistic rules of using
reliable sources and the “sound bite” and
great images! What is a Sound bite?
Answer- Short clip of a dramatic statement
from the politician.
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8. Narrowcasting v. Broadcasting. . .
(focus on specific news or issues 24 hours a day) may
fulfill political junkies or spin issues out of control.
Or one can turn to the BLOGGERS . . .
9. Politicians can manipulate the press by sending up:
a.
trial balloons to see how the public will react to certain
issues. Then back off if the response is negative.
b.
both the political elites and the medias dance to get
the upperhand. . .and both seek the advantage in
dispensing their agenda. . .
c.
The Press’ wishes to inform the masses. . . vs. the
politicians’ attempt to put it in a good light. . .
10. Undoubtedly, “coverage” impacts public opinion!
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11. 4 Mass media roles
a. Signaler
alert the public ASAP – 24/7 news
b. Agenda setting
focus public’s att’n
c. Common Carrier role
Open channel from politician to constituent
d. Watch dog role
Protect the public from politicians.
There is tension between what two roles?
Common carrier and watch dog
More of a tendency to report bad . . .than a bias
tint.
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criticisms of the press
1.
2.
3.
4.
Not objective – Biases are prevalent
Only a few own a lot – the big 6
Sensational news more important than
the real news.
Selling image instead of the issues
E. Amassing public support
Special Interest groups (SIGS)
Purpose of
“influencing” the gov’t at all levels, all
branches. No gov’t stone shall be left
unturned!
-
Political parties goals are to:
“make” policy. . . SIGS goal is too:
Influence. . .
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Types of groups
Biggest:
1. Business or economic sector – heavily
funded.
2. Labor
3. Single issue
4. Public interest
5. Smallest
You if you can find a friend.
How Influence? Six strategies or techniques. . .
a. Provide data to Gov’t + agencies. Policy specialists ( Pol
parties are party generalists)
b. draft legislation via the Iron Triangle (issue) network of
SIGS
Gov’t agencies
Congressional subcommittees
c. lawsuits (amicus curiae, Friend of the court)
class action court cases.
d. education
e. Watchdogs of gov’t. . .
f. Lobbyists- “hired guns or political persuaders, whose job
is to promote the SIGS interests via. . .pressure
(garnering votes, + $$$$, idealists. )
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4. SUCCESSFUL SIGS:
What determines success?
a. size of the group . . .
(1) is it a “potential group”--a mixture (consumers) of many who “could”
belong,
(1) vs.an “actual group” of hard core (NRA)
followers.
(2) Potential groups (or large groups) suffer from?
“free-rider status”. i.e. all minimum wage
earners benefit from minimum wage increases.
. .so why work toward it. . .
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b. Intensity - Single issue groups - NRA,
NOW, Gun Control, abortion
c. $$$$ - As of 1974, corporations and
Unions can not directly fund political
campaigns. . .BUT Political Action
Committees (PACS) , the political arm of
SIGS, can fund candidates’ campaigns
w/ what type of money?

Hard $$$ NOOOOT Soft! Or via. . .
527’s
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Buckley v. Valeo?
extended $$$ to “indirect” financing (TV
ads)
(b). Soft Money - 1980 - Can “earmark”
funds to a political party, unlimited
contributions. . . $400 million allocated in
2000 election to Dems + Republicans.
Today soft money is not regulated.
Citizens United v. FEC
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d. Going Public. . .reaching out to influence
public opinion. . Ads sell! a great form of
propaganda!
Interest group participation is culmination
of political participatory activities.
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III. Political parties + elections
A. . US Parties typically been two-party - offering
American voters a choice. . .which is what
democracy is all about!
1. Historically - Federalists v. anti-federalists
evolved into Democrats v. Republicans although
3rd parties have popped up. What are the types
a. ideological - Socialists, Independents
b. Single issue - free soilers, Greenpeace
c. Economic protests - greenback party
d. splinter - Bull Moose . . .Which 3rd party was
“MOST” successful. . .
Bull Moose . . .How judge success?
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2. Republicans and Democrats have switched in ideological
dominance since 1800, referred to as . . .
Re-alignment.. . .
Since 1968, era of “one party runs the Exec Branch, the
other controls Congress . . .which could create legislative
gridlock. This is called:
“Divided gov’t. . .”
3. ALL parties promote same purpose: 6 purposes:
a. pick Candidates via a nomination
b. runs campaigns
c. establish an image. . .
d. articulate policies
e. coordinate policymaking
f. compete for votes
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Down’s Rational Choice theory states . .
centrist policies usually win. . .don’t drift
too far from moderate proposals.
2) Many voters have moved to the middle of
party identification >>> this is called
(1)
Moderation . . . .or moderites . . .
Nope. . . How about
a dealignment of party ID.
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B. Party machines each ???? manages its own operation –
The states- decentralized and fragmented system.
1. What dominates - It’s the good boy/girl club.
Patronage - Party regulars become gov’t
appointees.
2. Finding the right candidates takes parties
through “grass roots” democracy all the way
through campaigns until election day.
It seems to last foooooooor evvvvverrrrr!
a.
How does one come across a potential party
elite?
Be a party regular! and hold a public office at
some level - US Congressperson or state Guv
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
b. Goal of a President candidate running for the
candidacy?

Amass enough delegates at the nat’l convention to win the
NOMINATION! All 50 states run their own shows! How amass
delegates?
(1). caucus (12 states use this road) . . . What is it?
finds delegates for the next level. . . The town mtg.
First caucus?
IOWA and also begins platform development.
(2).Primaries
Electoral event that weeds out the candidates, not
parties. . .you can win w/o party endorsement.. .but it is
difficult
1968 McGovern-Fraser commission set rules for Dems:
- More Minority representation at DEM convention. But
- The super delegates . . . .
- Top Natl officials get delegate spots
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(a)
closed primary:
(1) only party faithful can vote
(b) Open primary:
You select which camp to vote in
(c) Blanket –
all parties run on one ballot. - Supreme Court said it was unconstitutional, violated basic
function of political party - to choose candidates Democratic party v. Jones.
(d) GOAL- you win the primary, so . . .
you get the number of delegates the state law allocates.
Some are proportional, some winner take all. . .
(e) Goal during campaign
>>>> get the BIG MOo o o o! which gives you??? 4M’s. .
(1) Momentum
(2) After all the primaries - tally up your delegates and a
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Majority vs. Plurality
Majority needs ____ of the vote.
Answer: 50+. . . .an example where one needs it
AN: electoral college . . .passing legislation
A plurality needs _____ of the vote
One more than all the others…. Example
Winning elections. . .
Winner take all means . . .
Win it and you get all the bennies
Proportional . . .
Divide up the pie based on the vote . . .Example
Some states use proportional to determine delegates in
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(3) $$$$$$$$ . . . Campaign donations flood
in. . .
(4) Media attention. . .Press wants to
promote a(n) . . . .
Horse race for the nomination.
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C. Nat’l convention
1. Nat’l convention – what happens here?
a) select presidential + VP candidates,
b) sets platform, endorses all party nominees for
other offices! Ho Hum (T-30)
2. National committee
3. national chairperson
4. Goal after nomination:
form enough coalitions ( of SIGS) to win the
election.
5. Campaign highway. Goal:
(a) dominate the media
(b) vanquish your opponent
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c. Spends lots of $$$
“money is the mother’s milk of politics”
(1) What was established in 1974 following H20GATE
scandal to control flow of money to parties?
FEC . . .what does it do?
•gives public financing to candidates.
•limits presidential candidates expenditures to $80
million per candidate
• requires disclosure of all expenses.
• limits an individual’s candidate’s contributions to
$2,300.
•PACs can spend “unlimited amounts”. . .ct case?
(Buckley v. Valeo) indirectly until 2002. This was
called?
soft money. Now Citizens’ United v. FEC
•
-Voluntary contributions
6. Today- many constituents are pulling away from party
ID’s -- dealignment- - and this is leading to:
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Recent 3rd Party Players?
1. Ralph Nader . . .stole some of Al Gore’s left wing
thunder in 2000 election. . .It was that close!
and . . .
2. Ross Perot took away George Bush Sr’s thunder
in 1992 when Bill Clinton won.
In the ’04/08 elections, were 3rd parties an issue?
c. Third parties have an uphill fight. . .
(1) Single member plurality voting system (winner
take all) system favors two parties. . .
(2) Two Big Parties have organization. . .
(3) Two Big parties can moderate views to enhance
voters.
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E. Elections
Legitimizing the political process
1. Elections provide for:
a. Institutionalizing the political process. All forms
of political participation can end here ..,
Voting b. Access to political power w/o violence. . Ballot
instead of bullets.
c. guiding policy direction - either by selecting a
new person or by initiatives or referendums?
Special election to vote on voter initiatives.
2. 2000 Election was one of a kind. . . Becuause . .
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a. US Supreme Ct ruled in Bush v. Gore that:
although a recount was legal, the same
procedure had to be used in ALL counties,
not only those in question. . .
AND there was not enough time to accomplish
that mission B4 December 12, when the
electoral college was to meet. . .soooooo Bush
won Florida and w/ 271 electoral votes to Gore’s
269. . . So why the controversy???
b. only the 4th time the winner of the popular vote
lost an election.
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Getting Citizen’s to vote
Sufferage an issue in three constitutional
amendments:
15th, 19th, 26th. YOUR 18.
you can vote. . .but too many don’t. 51% in
2000 election. . High 50’s in ’04.
Only 30%+ in off year voting. Many more
appeared in 04. MN leads in voter turnout.
2. Who does vote: Six characteristics:
a. Old b. high SES c. Educated
d. Gender
e. Married f. union membership
1.
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Who doesn’t or can’t vote? WHY?
1.
2.
3.
4.
5.
6.
Not old enough
Aliens
Felons
Too busy
Lack political efficacy
Not registered.
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Election Essay
4. Since the 1960’s, the process of selecting
presidential candidates has been altered
by the changing role of presidential
primaries and national party conventions.
Identify and explain four effects that have
resulted from this change in the
presidential selection process.
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Election Rubric
Effects:
Longer campaigns>> Increased costs >>
Early fund raising>>Media coverage >>
Front loading >>Ticket balancing >>
New breed of spin masters >>Full time job
to run>> party leadership role declines>>
Regional party blocs>>Primaries, caucuses
are REALLY Important>>conventions are
not>> truly republican>> Swing states!!
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3. (a) Identify a third-party candidate within the
last two decades who received significant popular
votes but no electoral votes and provide an
explanation for that discrepancy.
(b) Identify a third-party candidate who received
significant popular votes as well as significant
electoral votes, and provide an explanation for
that outcome.
(c) In seeking to win presidential electons, third
parties face challenges not faced by major
parties. Identify two of these challenges and
explain why third parties face these challenges.
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IV. Congress + Budget
The Independent Politician
Why are congressperson so independent? 4 reasons. . .
1.
Congresspersons (represent themselves and/or
constituents. . .not political parties
2.
They do NOT have to support the “gov’t” in
power. . .they are “separate”, but equal partners
in the political system.
3. A vote against the Gov’t, does not bring about a
collapse of gov’t, i.e. GB, Italy, France, Germany.
US Gov’t continues day to day operations even
w/ gridlock. . .
4. Pol parties do NOT control nominations for office,
so they cannot control . . .
how a legislator votes on legislation.
A.
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B. Congressional powers
1. Powers: initiate, modify, approve or reject legislation in
a variety of political arenas,
2. + they share supervision of administrative agencies . . .
3. build consensus among legislators + constituents.
4. educate
5. oversees bureaucracies
4) investigates
5) House-initiates $$$ bills;
6. Senate-confirms, ratifies executive decisions
a) Art.1 sect 8, clauses 1-17 expressed powers; clause 18implied powers (raise troops). This is called>>>
Necessary + proper clause – the court case is >>>
b) McCullogh v. Maryland
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c) Gibbons v. Ogden – gave us >>>
Commerce Clause –
states can’t interfere w/ Congr
attempt to regulate interstate
commerce!
This led to what legislation in the
1960s?
civil rights legislation
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C. Constitutional Requirements
Age
Citizen
Residency
Native Born
Members
Occupation

Women 108
House
Senate
25
30
7
Yes
(district)
9
Yes
State
No
No
435
Business
Law
78?
100
Law
Business
14?
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Since both houses possess decentralized power
bases, Congress persons engage in Substantive
representation >>> which is
representing interests of groups.
2. Congressional goalGet elected-- Stay elected!
Incumbency -- What is it?
1) I’m in, now get me out. As party partisanship
declines. . .legislators bear more of the burden to
getting re-elected.
3. Safe districts prevail-?
90% of reps in the 1980’s got re-elected by 60%
of the vote. 50% for senators. Marginal districts
claim only 55% or less of the votes. In 2004
election, 90% of incumbents got re-elected.
1.
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d) What makes an incumbent so
invincible?
1) + visibility -- contacting the constituents.
. .somehow i.e. travel home, franking,
getting on the news
2) + credit claiming- Casework (helping out
constituents to the vast porkbarrel (getting
a chunk of that $1.9 trillion and bringing it
home to mama. Why did Brainerd get a bypass?
3) position taking - meeting roll call votes.
4) weak opponents - who lack the cash flow.
opponents miss out on #1 + #2 above
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e. How are incumbents vulnerable?
(1) Scandals
(2) re-apportionment
(3) gerrymandering - drawing districts to favor one
party over another. State issue.
(4) Majority-Minority districts gives minorities
advantage in electing minorities.
What court case made majority/minority
unconstitutional .
Shaw v. Reno however, Supreme Ct claimed redistricting in North Carolina was
unconstitutional
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Making policy
A collection of generalists making policy on specific
topics.
If one needs to know how to vote on a bill. . .who do
you ask ?
a committee person for advice
1. House - Protecting the Masses .
a)–Who is the traffic cop on legislation?
House Rules Committee controls the flow of
bills - establishes a “rule” for each bill which
schedules it.
b) Leadership – Who is the top person?
Speaker - only office mandated by the
Constitution – Who selects?
Party caucus selected – 4 powers?
((a)) Presides over the House; Prez succession – 3rd
((b)) Committee assignments influence
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Senate
a. leadership
1) Vice President - President of the
Senate
Significant power?
but he can break a tie vote. . .and
it happens
2) Majority Leader - selected by
Whom?
Congressional Party caucus. 3)Minority Leader –
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Committees– what types?
legislation and Oversight
a. Standing Committees
separate subject matter committees
b Joint Committees –
Hse + senate share membership i.e.
taxation
c. Conference committees –
Two bills need one explanation- Both
houses compromise here.
d. select committees –
for specific reason
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f. committees also perform >>>
oversight if and when a bill ever becomes
law.
g. Committee chairpersons – How selected?
Party caucus. Seniority prevails but
majority caucuses now can choose
chairpersons. What do they do?
Manage legislation thru bill making
process.
h. Caucuses v. party leadershiplegislators ban together under ideological
flag: Black caucus, pro-life, pro-choice,
gun control
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Law Question
Legislation must go through an arduous
process before a bill becomes a law.
a) Describe 3 stages where a bill may be
eliminated in the legislative law-making
process.
b) Of the 3 described in (a), explain which
one contributes to the most bills being
eliminated.
c) Explain two factors indicating how
partisanship is involved in the success or
failure of developing legislation.
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Law answer
a) There are 15 ways. Must be truly distinct.
. .no double dipping.
b) Answers my vary, but for example, 90%
of legislation is terminated in the
committee process.
c. Divided gov’t within the legislature.
1) Filibusters
2) Party line voting is high on roll call votes.
3) Party line voting in committee
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Bill >>>> LAW
Who can introduce a Bill:
You, legislator, president, bureaucracy. .
2. Speaker or Sen Majority leader does what?
titles it + numbers it.
3. Off to Committee action Subcommittee >>>>
1.
a.
schedule hearings, Revise it, approve it, kill it
b. Committee >>>>
schedules hearings, Revise it, approve it,
kill it
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c. House - Rules committee –
Schedules Hse rules for floor action
1) closed rule –
limits debate, amendments
2) open rule –
amendments allowed
3) restrictive rule –
selective amendments
4) A discharge petition???
can avoid “Rules”. Speaker can initiate
5) Suspend the “Rules” . . .
To floor for vote.
d. Senate –Who schedules debate?
House Majority leader. .
OOPS– Senate Majority leader.
Amendments are open for any cause.
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3. Floor action
a. Committee of the Whole – Where found?
a.
Hse - (100 or more members) can debate bills. No
“riders” can be added. . .
b. Quorum call –
218 House members needed to vote. . .majority
passes legislation
c. Senate can add What to legislation?
riders
4. If Senate and/or House disagree, Bill goes to:
Select committee . . .
Oops – conference committee
5. Full House + Full Senate vote on conference
committee version -6. To President for signature or his veto
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Passing Legislation?
1. Appeasing the “Chief Legislator
2. Party influence - 50% of the time
legislators will vote party line. . . Hse
partisanship is stronger than the Senate.
3. Who do legislators attempt to please?
Constituency support - legislators are seen
as “trustees” and instructed delegates =
politicos,
4. Who else do Reps appease?
SIGS + lobbyists - Been restricted by
Congress in reporting who they represent
and how much they spend. . ..
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GEE. The Federal $$$$ Tree. . .
The annual assessment of gov’t expenditures + assets
Budget
a.
Gov’t collects $$$ via and spends it via
expenditures. If tax allocations are higher. . .it’s
a(n)
entitlement . . .
OOPS – Surplus
b. if expenses are higher. . .it’s a . . .
debt >>> Add them up it’s
national deficit
OOPS deficit. . .big one is a debt,
c. a $11.2 trillion dollar shortfall. . .of which 10% of
the current budget pays JUST the INTEREST.
1.
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2. Federal income:
(1) #1 source
Income tax – which Amendment:
16th power to tax people via the IRS - 50%
(2) Corporate tax- 10%
(3) Social Insurance - FICA - 33%
(4) Borrowing - Debt load - shifts burden to future
tax payers. Provokes thoughts of a “balanced
budget amendment” w/ certain provisions.
(5) Lost Federal income-?
Fed tax “loopholes” the Grand DEDUCTION: -Tax BREAKS! TAX
Expenditures
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3. Federal expenditures top 3:
(1) Education
OOPS - Social Service state- (income security
costs for the elderly, the poor, and the needySocial Security Act 1935, Medicare 1965, 1/3 of
federal budget.
(2) National Defense
(3) Interest on the Debt
The budget process is based on what idea? How
much should I get next year. . .
(1)
incrementalism –
Discretionary expenditures
Increase last years budget by an “increment”
to satisfy this years budget. Your budget
proposal goes to whom? OMB
(2) Uncontrollable expenditures - 2/3 of the budget
entitlements - You qualify, you get them, no
matter what the cost to the gov’t, even if all the
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Where does the budget process
Begin:
1. Federal agencies submit their requests to
OMB. . . Who consolidate requests and
then gives them to the president who then
2. Puts together the budget and delivers it
via State Of The Union .
3. Congress then holds hearings w/ the
standing committees and finally approves
the . . .
4. 13 Appropriations bills. President signs it!
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Budget Reform
Instead of just thinking we will only spend so much,
Congress has established reforms to improve the
process --1974 Act
(a) Fixed budget calendar
(b) budget committee
(c) CBO
(d) 1974 Reforms - budget resolution established
in April sets the bottom line
(1) budget reconciliation- change appropriations to
reflect proposed savings
(2) authorization bill ????
sets program spending limits.
(3) Appropriations bill –????? Show me the $$$$
funds programs based on an authorization bill.
Can’t go higher, but can give lower amounts.
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Social Policy
What are the two types of social welfare?
Student scholarships and grants
OOPS:
1) Social Insurance. . .
a. Transfer payments:
Benefits given by the gov’t to individuals
b. Cash pay outs –i.e. Social security
payments; Entitlements- also referred to as
social insurance programs- you pay, you
play! Also Unemployment Insurance
2) In-kind transfers – food stamps, low interest
college loans.
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2. Public assistance program:
Funded by tax revenues and available only to
the “needy” through a “means test”?
One must prove they need “welfare”.
TANF (Temporary Assistance for Needy
Families (formerly AFDC) that was put in place
by the 1996 Welfare to Work Act
1)) Five year welfare status.
2))Must find work w/in two years
3)) unmarried teen mothers must stay in school
and live w/ parent or guardian
4)) Mothers must ID deliquent fathers
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a. Which program does the public view
more favorably: Means tested or social
insurance programs? Why?
Answer: Social insurance programs are
entitled because you pay into it.
Means tested are often viewed as “throwing
$$$ at a problem, not necessarily fixing
the problem.
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Education works . . .BUT . . .
Enforcement is difficult w/ the caseload
and the thought of reducing gov’t costs.
b. Education . . .
the Horatio Alger approach of bettering
oneself through school is a popular. .
.and expensive notion.
Fact: the quality of education depends
significantly on the wealth of the
community in which a child resides.
a.
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. Largest state budget allocation is education. . .but
Parents want results:
School choice. . .let schools compete
Voucher system:
Court ruled states can give parents vouchers for private
access to schools >>>
Zelman v. Simmons-Harris (02)
3) Purpose of NCLB . . .
Integrate public schools via busing
Nope that was Mecklenburg . . .
Set Nat’l standards for math + reading
4) Race To The Top…
President Obama’s Education Initiative
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Congress Essay
2. Political scientists often note that “Congress is too
responsive to constituents, and, especially to
organized interests. . .” while others argue that
Congress is too insulated from ordinary citizens.
a. Identify an organized interest and explain what
characteristics the interest may possess so
Congress would address its needs.
b. Describe how Congress can “insulate” itself from
its constituents and provide an example to
support your claim.
c. Explain how Congress can overcome organized
interests and better meet the needs of its
constituents
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Congress #1 Essay Rubrics
Size, Educate, $$, Lobby (amicus curaie)
b. Prioritize agenda, Senate terms,
Casework, Hire spinmasters????, Set
limits on lobbyists, Log rolling
Polling. Use bennies of incumbency. Safe
districts. Raise $$ to fight SIGS
c. Earmarks and porkbarreling. . .log rolling.
Target negative spin.
a.
Practice Essay #2




The framers of the United States Constitution created
a legislative system that is bicameral. However, it is
not just bicameral; the framers also established two
houses distinctly different in character and authority.
(06)
A. Explain two reasons why the framers created a
bicameral legislature.
B Identify one power unique to the House of
Representatives and explain why the framers gave the
House the power.
C. Identify one power unique to the Senate and
explain why the framers gave the Senate that power.
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V.
President
+
Fed
Bur
Which Article sets the stage for “Executive Power to be Vested in a
II.
II.
president. .
So What does Art VI do?
Supremacy Clause
1. Constitutional Requirements
(a) 35 or older
(b) natural born
(c) 14 years of residency
(d) term limits ? Which amendment?
22. amendment-2 terms plus2)
(e) disability of president turns to . . .
to 25th amendment + succession process. A new
non-elected VP needs approval from both houses.
(f) popularly elected, sometimes (accidential presidents)
Not elected by the populace . . .
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Formal Powers
a.
1)
1)
2)
3)
4)
Domestic
Power of the purse. . .
NOPE
Chief legislator-State of the Union, advises,
approves or veto’s legislation
Chief executive . . .
Administrative powers - enforce the laws, select
gov’t officials (w/Senate approval); run the
bureaucracy via “Executive Orders”. “Take
Care” clause of Article II.
Judicial powers - reprieves, pardons, commute
federal felons; nominate federal judges w/
Senate majority confirmation.
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Formal Foreign policy powers
1) National Security
a) commander in chief
b) Head of State (receives ambassadors and
other heads of state)
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Informal powers
a. presidential precedent (Washington
turning to a cabinet for advice)
b. Actions of Congress –
giving president power i.e. 1965 Gulf of
Tonkin Resolution v. War Powers Act.
c. Media’s use of the Bully Pulpit. Prez goes
directly to the people. i.e. Clinton in ‘97
budget freeze. . .Congress lost that
battle.
d. Executive Orders . . . Can be formal or
informal
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Executive Branch
1. VP is a heart beat away. . . His/her qualifications?
a. Same constitutional requirements as president.
b. Political professional, eases one into the congressional
gridlock.
c. faithful follower which might deter his own presidential
ambitions. i.e., Bush + Gore.
d. Which amendment changed how VP was selected?
12th
2. Cabinet positions -- How many
-14 secretaries and the AG
All must be confirmed by the
. . . Senate.
a. Responsibilities- execute presidential and congressional
b. Requirements- President supporters, usually partisan
selections,
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EOB
What is its function?
More advisors for domestic and foreign policy. In
theory partisan, in reality, civil servants who stay
as presidents move on.
Office heads appointed + confirmed by Senate
a. NSC - crisis mg’ment- liaison to military, CIA
b. CEA - economic trend management
c. OMB- presidential budget oversight; watches
Congress and the Bureaucracy
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WHO(s)
Partisan followers whose sole function is to
support the president.
If not, find another job. West Wing
residents whose purpose is to oversee the
political and policy interests of the
presidentno Senate confirm here!
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The other beaurocrats
filled by “federal” employees (85%) unless
truly specialists in a given field (lawyers or
businesspersons).
a. Party ID not that relevant because . . .
b. Appease caucus groups: Hispanics,
women, blacks, elderly, far right
constituents. Here are your
participants in the issue network.
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President Quality . . .
How get others to follow 1. Act of Persuasion - Constitution is vague on
what the PRESident can do. . .so great leaders
get creative -a. Powers enhanced by:
1) national constituency 2) ceremonial head of state - and party, at least in
first term. This can erode quickly if one’s party
deserts you and others compete in the primaries
against you! It’s tough to beat an incumbent!
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Who does the President have to
appease?
a. DC political pundits - can one do the job? Can
one possess power- (charismatic leadership)
One gets 100 days to show your stuff! Make it
count because the “honeymoon is over.”
b. partisan grassroots- Chief of Party- Be a good
Republican.
c. Joe Public- Use the polls to your advantage. TV
spots are what you make them. When you are
hot, your legislation flows, your fellow party
people get re-elected. (coat-tail effect)
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Chief legislator
in name only. . . the power is shared with Congress
a. Advises- 4 ways
(1) shapes policy (2) consults Congress (3) bargains
(4) appeals to partisans (friends to the party)
b. Disapprovals
Veto - It takes ____ of Hse + Sen to override. –
2/3 of congress to override
___ day limit or its law. Overrides seldom happen
Pocket veto –
Congress adjourns; After 10 days it fails
b) line-item veto- State guvs can eliminate portions of a bill .
. . ‘96 Congress approved and President agreed for an
“enhanced rescission” of legislation. President had 5 days
to “line-out” legislation. BUT Supreme Ct ruled it
unconstitutional (Clinton v. City of NY)
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Party
and the Presidential Agenda . .
1.) party support - 2/3 of the time party discipline
prevails. But lack of consensus on policies and
diversity of constituents hurts.
Congresspersons follow constituents first. . .
2). Off year elections are not popular for Prez’s
except for Clinton in ’98 + GW in ’02. In ’06
history prevailed.
3). Public approval gives leverage, not
commanding influence. “Going Public”
4). Does one pursue a number of issues (Clinton)
or just three or four (Reagan)
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Foreign Policy
Some created by one’s agenda. . .some inherited
by past presidents.
Some domestic, some foreign. Factors that
influence decision making:
1. Chief Diplomat
a) extend + terminate diplomatic recognition
b) Negotiate treaties w/ . . .
2/3rd Senate confirm.
c) executive agreementsd) initiate nuclear war, the President’s call.
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2. Commander in Chief- Cold WAR V. HOT WAR
Global military reach- Going to war w/o
declaring war - police actions Korea+Vietnam, Panama, Grenada, Iraq
Foreign policy history:
a) Isolationism – Monroe Doctrine established the
“homefront” – The America’s
b) WWI we went “Over there” + Prez Wilson
wanted involvement in a “League of Nations.
Senate said no.
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c)) WWII + Cold War – Defeated Japan +
Germany and a power vacuum occurred that the
Ruskies wished to fill.
1)) Containment policy vs. USSR’s Communist
Expansion. . .Greece, Korea, Vietnam, Western
Europe. NATO vs. Warsaw Pact.
Also McCarthyism raging at home to thwart
commie infiltration.
d)) Era of Détente – Lessoning of tensions. . .denuke in the 70’s after the 60’s madness.
e)) Ray Gun’s Star wars initiative“broke” the
Soviets. Or was it the Afganistan invasion of 81
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f) USSR crumbles. . .China views a mixed
economy. Eastern Europe throws off the yoke of
Communism. USSR is liberated. The wall falls
1989
g) Terrorism is the next target. . .
1) Kuwait + the multi-lateral coalition vs. IRAQ
2) Unilateral theory of Bush 43 to finish off
Iraq + pursue the “Axis of Evil”. Any one
who “harbors” or protects terrorists are
against us.
3) What is the difference between multilateral
and unilateral?
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3 Instruments of Foreign policy
1. Economic – sanctions, embargos, trade. .
.Globalization prevails . . .
2. Military – conventional – unconventional- MAD
scenarios
3. Coalition building
a. UN, CENTO, SEATO, OAS, EU
b. Multi-national Corporations
4. The Players
a. President + his major players – Defense,
State, NSC
b. Congress
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1) President can dispatch troops for 60 days
w/o Congressional approval. . .then
2) War Powers resolution - Congress must
allocate funds or troops are coming home.
Gulf War Congress issued a resolution in
support . . . same in war on terrorism.
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1. Domestically
(a) President can “VETO” legislation
(b) Congress can also prevent Presidential “actions” –
LEGISLATIVE VETO – President can’t put actions into
place until a 30-90 day waiting period. . .Congress
submits a “resolution” to deny the Presidential action. . .
(1) SC (Chadha case ) ruled it unconstitutional,
Congress passes laws, Prez signs them into LAW. . .
(2) But Congress still uses the LEG VETO as a threat to
control the bureaucracy!
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(c) Congress can pull back funding if Prez
doesn’t spend the allocation. . . . What is that
called?
 Impoundment of funds. . (1) Budget Reform
ACT of 1974. . .Does the Prez have to spend all
he gets. . .He can’t spend what he doesn’t get!!!
2. Foreign Policy
(a) War Powers Act 1973 – MUST notify Congress.
. .but does he need their approval????

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Impeachment
Reason –
House may charge the president, by majority vote, for
“Treason, Bribery, or other high Crimes and
Misdemeanors. Submit Articles of Impeachment to the
2. Senate,
which holds the trial with the Chief Justice and
presiding judge. 2/3 of Senate votes to convict. .
.That’s a supermajority vote.
3. Two Presidents have been impeached,
NONE
convicted. Johnson, + Clinton. . . Nixon resigned B4
trial.
1.
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Federal Burocracy
Federal Civil Service -- powerless patronage
- it’s what you can do (merit principle) instead
of who you know( the spoils system)
a.
In 1883 this established federal civil service
b.
Pendelton Civil Service Actb. What prohibits civil servants from becoming
political activists while working?
Hatch Act- Prohibits Political Activism
c. Who hires and fires.
Office of Personnel Management (OPM)(1) 1.
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Bureaucracy organization
Burocracies follow what model. . .
Weberian Model – What makes it so unique?
1) Hierarchy
2) task specialization
3) merit base – not patronage. An assassins bullet changed the system.
4) Impartiality
5) A culture – “This is how it is done here” type of attitude.
b. Acquisitive/Monopolistic
1) Maximize one’s budget2) Only show on the block - monopoly
3) fear of privatization
c. Garbage can - Buy something and then find a use for it.
Solutions are in search of problems.
d. American bureaucracies share each of the above theories in administering to
the needs of the American people.
a.
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Federal Hierarchy
a. Cabinet Departments- 15 of those - although
some have been in jeopardy - i.e. What does
“the Commerce” department do? Interior
b. Regulatory Agencies –
affect economy by making and enforcing rules
designed to protect the public interest. Munn v.
Illinois (1877) ICC followed in 1887 to
regulate RR’s
Small commission oversees agency. Appointed by
president, confirmed by Senate for fixed terms Oust via Just Cause!
SIGS attempt to impact Regulatory agencies!
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1) FRB (Federal reserve Board - Regulates
$$$ supply > interest rates.
2) NLRB (Nat’l Labor Relations Board)
3) FCC - licensing and managing the HUGE
TV, telephone, internet; with some
success.
4) FTC - monopoly watch - ad accuracy
5) SEC - police stock market.
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Gov’t Corporations
like prv’t corps. Provide services and charge for
them
1) TVA
2) US Post Office - the largest corp.
3) Amtrack
d. Independent Executive Agencies - all the
rest. Chiefs appointed by the president
1) GSA – General Service Administration
2) NSF - Nat’l Science Foundation
3) NASA AP Gov't Review
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Policy implementation
Congressional laws Presidential orders, Judicial
decisions and make them into policy .
a) Assign (new or old) agency the task.
b) Set up operational rules and develop
guidelines
c) Coordinate resources and personnel.
d) BUT . . . . . best laid plans go astray
1) Program design is faulty. . .What is said in
Washington may not fly in Las Vegas.
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2) lack of clarity in the idea - i.e. Title IX equality
for men and women sports. What does “equal”
mean? law states “reasonable provisions” to
provide equality. . .What is “reasonable”?
OR - immigration keeps out the terrorists but
allows immigrants into an open door country?
3) lack of resources - - AIDS prevention, INS
problems, DOE auditting, FAA and IRS are
undermanned. FDA and drug testing.
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5) Administrator discretion - Politics
is a factor.
So is constituent pressure!
6) Diffusion of responsibility - the
Drug War is Justice, customs
(Treasury) , military (Defense)
State and more. . .and then Congress is
involved. It often gets fragmented.
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Too much regulation
Costs the private sector which means it costs
the consumer.
2.
Is America losing its competitive edge vs.
foreign countries?
3.
Does “red tape” strangle the system?
Command and control policy
vs.
Incentive system = punish the offenders only
Emphasize free market strategies.
1.
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Controlling the Bureaucratic
morass
a. Presidential orders
1) Appointments
2) issue executive orders
3) Budget squeezes
4) Re-organize (deregulation move)
b. Congress
1) influence appointments
2) budget influence
3) hold hearings
4) rewrite legislation
5) Let the private sector do it- deregulate!
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Practice Essay



1. The concept of “divided government” in the
United States means that one political party can
control the executive branch while another
controls the legislative branch. This poses
problems for the President in making
appointments to federal offices. (02)
a. Describe two problems that divided
government poses for the President in making
federal appointments.
b. Identify and explain two ways Presidents try to
overcome the problems described in (a).
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Essay # 1 Rubrics
Problems (2) – Greater policy conflict;
narrows candidate field; Offices unfilled;
Tougher committee scrutiny; Confirmation
harder; Character assassinations on cands.
Overcome (4) = Gen public support;
Compromise; build congr coalitions;
dealmaking (veto threat) Find SIG
coalitions; Make interim recess apptmts;
Better bckgrnd screening; pick minority
candidates; Turn to WHS for guidance
instead of hostile apptmts.
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Practice Essay #2
Presidents are generally thought to have advantages over
Congress in conducting foreign policy because of the
formal and informal powers of the presidency. (04)
a. Identify two formal constitutional powers of the President
in making foreign policy.
b. Identify two formal constitutional powers of Congress in
making foreign policy.
c. Identify two informal powers of the President that
contribute to the President’s advantage over Congress in
conducting foreign policy.
d. Explain how each of the informal powers identified in (c)
contributes to the President’s advantage over Congress in
conducting foreign policy.
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Rubrics #2
A.(2) ID’s= Co in chief; appt for policy officials;
Recog nations; Receive Ambass
 B. (2) IDs = confirm abass, pwr or purse;declare
war; pass resolutions/aws; reg for commerce;
ratify treaties.
c. (2) Id’s informal = Exec Agreemts; Media AccessBully plpt; Agenda setting; Cris mgr; Coalitions;
President more fp access; Global ldr status;
d. Prez + > Persuade Congr; Persuade public; can
circumvent the formal process via EO’s

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Review Q 3
43.”The president and Congress may get more attention
in the news, but it is the bureaucracy that has the more
immediate impact on the daily lives of Americans.”
Thomas Patterson
a. Assess the validity of this statement by explaining three
principles that leads to a bureaucracy’s system of
organization and control.
b. Describe the functions of three of the four bureaucratic
agencies listed below.
Cabinet Departments
Independent Agency
Regulatory Agency
Government Corporation

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Rubrics #3
a. Assessment interpretation may vary. The three principles
are hierarchical authority, job specialization, and
formalized rules. (4 points)
b. Functions are: Cabinet Departments provide are the
major administrative organizations that are responsible
for a general policy area. Independent Agency are similar
to cabinet departments except they have a narrower area
of responsibility. Agency chiefs are appointed by the
president but do not have cabinet rank. Regulatory
agencies monitor and regulate economic activities.
Government Corporations charge for a service like the
Post Office or Amtrak. (3 points)
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Essay Q 4
3. Presidential powers have evolved over time as presidents have
exercised their authority in leading the nation.
a. Describe the difference between the Whig (Anti-federalist)
theory of the presidency and the stewardship (Federalist) theory
of the presidency.
b. Explain how two of the presidential powers listed below would
be asserted under the Whig theory of the presidency. Provide
examples to support your analysis.
 Chief Executive
 Chief Diplomat
 Legislative Leader
c. Using the same powers identified in (b), explain how the
presidential powers would be asserted under the stewardship
theory of the presidency. Provide examples to support your
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analysis.
Q 4 Rubrics

a. The Whig theory holds that the presidency is a limited or constrained
office where the president is limited to his specific constitutional powers.
The stewardship theory maintains that the president should be a strong,
assertive, and forceful leader, using implicit interpretations of his powers to
lead the country. (2 points)
 b. Congress initiates policy and it is the responsibility of the president to
administer this policy. (4 pts)
c. In the stewardship theory the president can do anything that is not
specifically forbidden by the Constitution. For example, he cannot declare
war but he can send troops into hostile environments without Congressional
approval without violating the War Powers Act. Executive powers are
definitely vested in the president and a strong-willed president can attempt
to lead the country without Congressional support or approval. Executive
orders, agreements, interim appointments. . .are a few examples for each of
the two selected. (4 points)

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V. Judicial / Civil Lib + Civil Rights
A. Define Rule of Law –
Ans: society establishes regulations,
principles + norms coordinated by
unbiased individuals.
B. Federal law + courts are outlined?
1. Art III - . . . judicial pwr shall extend
to all cases, in Law + Equity. . and
vested in one Supreme Ct + in such
inferior crts.
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Essay #3
There are several constraints that make it
difficult for a president to develop a
program.
a. For two of the constraints below,
Identify a specific example and explain
why it made it difficult for a president to
pursue his program.

Crisis

The federal budget

Adverse popular reaction
6 pts; 3 pts per constraint.
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2. Constitutional courts 1) Judiciary Act of 1789 gets Fed
district cts.
a) These cts have . . . ? jurisdiction
original jurisdiction
b) only ct’s to hold trials w/ juries (only
3% end in ruling, the rest are plea
bargained)
c) Who selects these judges + how?
Answer: president thru confirmation
process
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2) Ct of Intern’tl trade
3) Court of Appeals
a) Jurisdiction?
appellate jurisdiction
b) How many districts
12 districts
c) Function:
correct mistakes made in district cts.
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4) Supreme Ct - (T-61)
a) Jurisdiction?
original and appellate jurisdiction
b) # of justices
9
c) Types of cases?
Constitutional issues (14th
amendment)
5. Other courts:
Special cts + legislative cts (set up
to deal w/ powers of Congress)
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d. Jurisdiction
1) original –
trial starts here. 90% end here
2) appellate –
adverse decision from lower ct. or
highest state supreme ct sends it up
to US Supreme Ct.
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e. Judge portfolio
1) How are federal judges selected?
Presidential appointment w/ Senate 2/3
vote to confirm
1) Senatorial courtesy –
home state senator can immediately VETO
a confirmation w/o discussion.
2) Term –
Lifetime appointments for all fed judges.
Why is that so special?
Can enhance a president’s legacy
3) impeachment
Yes - (7 in US history) is available for
“unacceptable” behavior.
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4) Judge must meet the “litmus test”? - ideological purity is critical
What make appointments more difficult?
Divided Gov’t makes it more difficult to
select and confirm judges.
5) Confirmation could go badly if:
a) you have the minority party in Senate
b) Pres is in the late term selections
c) Judge has ethics violations, can nix
nomination. i.e. Clarence Thomas
survived, Robert Bork did not.
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f. Qualifications
1) Most are Lawyers
2) Male (2 female selections)
3) White (2 blacks selected, i.e.
Thurgood Marshal + Brown v.
4) upper middle or upper class
5) Protestant
6) Party favorites - only 13 of 108 SC
judges non partisan selections. 90%
partisan selections.
7) IDEOLOGY is the KEY factor
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g. Case work
1) What gives the Courts their power over Leg + Executive
decisions?
Judicial review gives fed cts power to “hear” federal
questions and overrule Leg + Exec branches -- overturned
100 rulings
The court case?
Marbury v. Madison 1801 provided right of Judicial Review. . .
2) Rule of 4 culls
through 7500 case + selects about 100. (T-62)
3) Solicitor Genrl
assists in Appellate ct case load possibilities. . .
a) writ of mandamus –
Court demands ACTION
b) writ of certioraeCertificate FROM SC requesting a case be sent up.
c) Writ of Habeas Corpus –
Jailers must explain why holding a suspect.
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Deliberations + opinions
Chief justice delegates authority to writing WHY we (the SC)
voted. Only 1/3 of decisions have been unanimous.
a)
concurring –
We agree and here is why
OR-could stress a “different” constitutional or legal
foundation for the opinion
b) dissenting –
we disagree
c) stare decisis –
decision stands d) How many judges does one need to vote?
SIX judges to vote –
How many to decide a case?
MAJORITY. Tie votes retains lower Ct decision.
Need five votes to set a . . .
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e) Precedent
lower cts follows decisions of higher cts.
Can SC overrule its own decisions ?
Yes -- (200 times) because times change. i.e.
Brown v. Board of Educ (54) (Integrate)
overruled
Plessy v. Ferguson (1898)
(Separate but equal)
Congress can re-initiate legislation the following term.
(e) Interpretations can follow strict constructionist beliefs ???
(original intent of the constitution) v.
Activist decisions
Liberal interpretation that widens Constitutions original
intent> i.e.
Gibbons v. Ogden
Political climate can indicate the ideological tendencies of
the bench.
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Court History
1) First Trimester - Developmental issues
i.e. Marbury v. Madison –
Offices
Mccullough v. Maryland
Nat’l bank + Necessary + proper clause
(implied powers)
Barrons v. Baltimore
Equal opportunity is a national issue
2) 2nd Trimester - Economic issues
Munn v. Illinois
(1877) set up ICC
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3) Last trimester - social issues
a)
Most liberal court?
Warren Court set “liberal precedents in
education, civil liberties, reapportionment, 1960’s
b) Burger Court (a Minnesotan selected by
Nixon was more conservative although it
set precedent w/ Wade v. Roe.
c) Rehnquist Court - limited rights
established by Warren Ct, not reversed;
affirmative action policies severely
scrutinized.
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B. Civil Liberties
1. define Individual legal and constitutional protections v. Govt.
CL’s are found in where ?
The Bill of Rights (1-10) and the SC is the final arbitrator.
Winds of change shift these interpretations, especially in
time of war . . . (cartoon)
2. Bill of rights review
a. Freedom of Expression (religious, press, speech, assembly –
is found where?
1st Amendment
b. Privacy
(3+4)
c. Defendant’s rights
(5-8)
d. Other rights
(2,5,9-10)
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3. Only a federal issue Barron v. Baltimore, states or
local gov’t could infringe on civil liberties until SC
ruled in 1925 that states must follow SOME 1st
Amendment rights
Gitlow v. New York.
BUT
4. SC used the 14th Amendment as the precedent,
not the 1st. States could NOT abridge 1st Am
freedoms.
This is called:
Incorporation doctrine - States have slowly come
under the Bill of Rights.
5. Door is now open for Bill of Rights enforcement:
Have all the amendments been incorporated?
No, 1,3,4,5,6,8 have been, 2,7,9,+`10 have not. What is
that called>
Selective incorporation
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2. Ist Amendment
Tinker v DesMoinesDress codes
2. Gitlow v. N.Y. –
Incorporation Doctrine
3. Lemon v. KurtzmanAid to churches follows set guidelines
4. Engel v. VitalePrayer in schools is unconstitutional
5. School District of Abington Township v.
Pennsylvania v. SchemppPrayer violates establishment clause
1.
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6. Near v. Minnesota (1931)
-no prior restraint censorship
7. Schneck v. U.S. (1919) –
Govt could restrict inflam rhetoric
8. Brandenburg v. Ohiocan incite w /o lawless action
9. Zurcher v. Stanford Daily
NP’s files can be searched
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10. Roth v. U.S.
Obsentity cannot be protected by the 1st
11. Miller v. California
Community standards sets Obscen but
what is lewd
12. N.Y. Times v. Sullivan –
Malice
13. Texas v. Johnson –
Flag burning is symbolic speech
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14. NAACP v. AlabamaNo files for harassment purposes
15. U.S. v. Playboy Entertainment
Group -Target block v. ban
16. Red Lion v. FCC
Gov’t can restrict broadcasts.
17. Reno v. ACLU –
1st Amendment applies to internet
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3. Restrictions on 1st Amendments?
1) unprotected speech include:
obscenity, defamatory speech,
pornography, fighting words,
seditious speech. The PRess now
includes cable, faxes + e-mails
2) Freedom of assembly restrictions:
lawful + nonviolent; order
maintained by time, place, manner;
precise, fairly administered and
content neutral.
NO private property trespassing!
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4. Accused rights
4th, 5th, 6th, 7th, 8th Amendments:
1). Original intent to protect rights from political
arrests. Now it has expanded to protecting rights
of the “accused”. >>>
2). Due Process (T- )
a) To arrest or search for evidence MUST have:
(1) Probable (Reasonable) Cause to arrest + gather
evidence-4th Amendment restricts
unreasonable searches + Seizures +
Writ of Habeus Corpus
issued forbidding imprisonment w/o evidence (Art 1)
Exclusionary ruleCan illegally seized evidence be used against the
accused?
(2)
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d) Questioning - no forced incriminations
(5th) + no excessive bail
(8th)
3) Prosecution ( or plea bargain) > Trial
Speedy trial w/ a jury
(6th, Art III) +
no double jeopardy
(5th);
confront witnesses
(6th)
4) Verdict > Sentencing (if needed)
No cruel or unusual punishments
(8th)
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17. Mapp v. OhioExclusionary rule holds for states too.
18. Miranda v. Arizona –
Police questioning of suspects
19. Jacobson v. U.S. IS IT OR IS IT NOT ENTRAPMENT
20. Gideon v. WainrightFelony charged defendants need
counsel
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21. Betts v. Brady –
Only Cap Punish defendants get couns
22. Fuhrman v. GeorgiaSentencing too random, but CP is OK
23. Harmelin v. Michigan
-severity isn’t necessarly cruel
24. Gregg v. GeorgiaCap Punish is severe, but not cruel
25. McGlesky v. KempCap Pun does not violate 14th Amend
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26. Griswold v.ConnecticutPrivacy issue over Birth control 9th
27. Roe v. WadeTrimester ruling unleashed abortion
issue
28. Webster v. Reproductive Health
Servicesstates can control who performs
abortions, i.,e. state employees
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29. Rust v. Sullivan –
No fed funds for planning abortions
30. Planned Parenthood v. Caseyabortions can be regulated
31. Sternberg v. Carhart –
partial birth abortion is legal
32. Cruzan v. Director, Missouri Dept of
Healthpatients can refuse med treatmentinformed suicide
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C. Civil Rights 1 Gov’t does not discriminate against
us
2 Gov’t protects us from interference
by private individuals.
3. Framers referred to these rights as
“NATURAL RIGHTS”, rights of all
people to dignity and worth.
Today they are called HUMAN RIGHTS.
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4. The opposite of affirmative action is . . .
Discrimination - denying access.
5. Equal Justice - not equal results or equal
rewards. . .the Constitution does NOT
intend to provide equal condition. . . just
equal opportunity - Life should get better.
a) 1st mention of equality is
14th Amendment - All will have “equal
protection” unless there is a “compelling
public interest” to discriminate.
b) Burden of proof is on the state.
THEREFORE . . . to right a past wrong, I
may have to discriminate to RIGHT past
ills for a period of time!
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Black Issues
a. although the 13th Amendment prohibits . . .
slavery – 1865 Overturned
Dred Scott v. Sanford
b. 14th Amendment
Equal protection - 1868
c. 15th Amendment –
Right to vote (1870)
e. Segregation and White Supremacy prevailed.
Jim Crow Laws that preached a separate society.
What court case established this behavior?
Plessy v. ferguson.
Separate but equal
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1) voting
2) Housing
3) Job procurement
4) accessibility to public
accommodations
f. What was formed in 1910?
NAACP.
(1) President Truman and Eisenhower
integrated the military and Fed
Bureaucracy
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2) As Congress dragged its feet w/ a Southern
Senatorial block, the executive and judicial
branches responded.
a)
Brown v. Board of Education (1954) –
Ended segregation…
Segregation by law
“de jure segregation” was unconstitutional. But
de facto segregationsegregation by choice or reality- still prevailed
until Swann v. Charlotte Mecklenburg Board of
Education 1971?.
the SC ruled that schools will re-district to end
segregation via busing, a very unpopular device
to integrate.
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a) Da Vote - Voting Rights Act of 1965
1) ended the means to effect sufferage.
b) 24th Amendment ended what? (3)
Poll taxes, White primaries,
gerrymandered districts, all were thrown
out.
c) This has also established “minority v.
majority districts that promoted minority
electorates . . . What ct case ended that?
but Shaw v. Reno and other cases has
condemned the design of districts using
race as the predominant factor.
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Women’s issues
1.
2.
Women in the work force has
provided economic equality (by
some measurements). Political
equality came with which
Amendment ?
19th (1920) but ERA fell short in
1987.
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Gender discrimination status
Rational base test - Is it reasonable to have boys’
compete VS girls in hockey; The court case?
Reed v. Reed 1971 1st discrimination ruling
based on gender.
2) Heightened/medium scrutiny- Important gov’t
objectives exist for gender based law.
Orr v. Orr. Alimony only to women. . .NOTTT
3) Strict Scrutiny standard.
A Man gets the raise because he is the major
wage earner, not the female. . .NOTTTTT.
Fundamental rights are at issue here. . .
4. What banned sex discrimination in hiring, firing
and compensation?
Civil Rights Act of ‘64 + ‘72
1)
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Affirmative Action

a. Results have provoked reverse
discrimination charges –
Regents of U of Calif v. Bakke
overruled Adarand v Pena. ???
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CR Essay




2. The Supreme Court ruled in Barron v.
Baltimore (1833) that the Bill of Rights did not
apply to the states. Explain how the Court has
interpreted the Fourteenth Amendment to apply
to the Bill of Rights to the states. In your
answer, briefly discuss the Court’s decision in
one of the following cases to support your
explanation.
• Gitlow v. New York (1925)
• Wolf v. Colorado (1949)
• Gideon v. Wainwright (1963)
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








2. Many scholars and observers have argued that the ratification of
the Fourteenth Amendment to the Constitution has become the
single most important act in all of United States politics.
a. Identify which provision of the Fourteenth Amendment was
applied in one of the following Supreme Court cases. For the case
you select, explain the significance of the decision in United States
politics.
• Brown v. Board of Education of Topeka, Kansas (1954)
• Baker v. Carr (1962)
• Regents of the University of California v. Bakke (1978)
b. Identify which provision of the Fourteenth Amendment was
applied in one of the following Supreme Court cases. For the case
you select, explain the significance of the decision in United States
politics.
• Mapp v. Ohio (1961)
• Gideon v. Wainwright (1963)
• Miranda v. Arizona (1966)
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CR essay #3







Since the 1950s, Congress has passed landmark
legislation that has advanced the civil rights of its
citizens. Select two pieces of legislation below and with
your knowledge of American politics, answer the
following.
a. Identify a specific ethnic or minority group and explain
how it was impacted by this legislation
•The Twenty-fourth Amendment
• Civil Rights Act of 1964
• Title IX Higher Education Act (1972)
• American with Disabilities Act of 1990
b. Identify an ethnic or minority group that was inversely
affected by two of the pieces of legislation selected in (a)
and explain how it impacted them
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‘o5 essay exam Q’s
1. Explain how each of the political factors
listed below make it difficult for the federal
government to enact public policy. (01)
Provide one example for each explanation.
• Divided government
• Weak party discipline
• Growth in the number of interest groups
and political action committees (PAC’s)
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2. Elections in the United States are
characterized by low voter turnout.
a. Discuss two demographic characteristics
associated with nonvoting.
b. Discuss three institutional obstacles
associated with nonvoting. (98)
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1. Citizen’s often choose to participate in the
political process other than voting to
increase one’s political efficacy.
a. Define political efficacy.
b. Identify two forms of participation in the
political process other than voting.
c. Explain two advantages of each form of
participation you identified in (a) that
would increase one’s political efficacy.
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2. Presidents are generally thought to have advantages over
Congress in conducting foreign policy because of formal
and informal powers of the presidency. (04)
a. Identify two formal constitutional powers of the President
in making foreign policy.
b. Identify two formal constitutional powers of Congress in
making foreign policy.
c. Identify two informal powers of the President that
contribute to the President’s advantage over Congress
in conducting foreign policy.
d. Explain how each of the informal powers identified in (c)
contributes to the President’s advantage over Congress
in conducting foreign policy.
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1. Congress has often been criticized for
how effective it is in exercising legislative
oversight of the federal bureaucracy? (99)
a. Explain two specific methods Congress
uses to exercise effective oversight of the
federal bureaucracy.
b. Give two specific explanations for the
failure of Congress to exercise oversight of
the federal bureaucracy.
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2. In the last half of the twentieth century, voter
turnout in federal elections has declined. During
the same period, voter turnout has been higher
in presidential elections than in midterm
elections. (o2)
(a) Identify two factors that have contributed to the
overall decline in turnout in federal elections and
explain how each factor has contributed to the
overall decline.
b) Identify and explain two reasons why voter
turnout has been higher in presidential elections
than in midterm elections.
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Different interest groups will choose different techniques to achieve
their objectives based on their resources, characteristics and
goals. (04)
a. Describe each of the following techniques and explain
why an interest group would choose each technique.
* Litigation
* Campaign contributions
* Grassroots lobbying/mass mobilization
b. Select one of the following groups and identify the
primary technique it uses from the list in pat (a).
Explain why the group you selected would employ that
technique over the other two techniques.




American Medical Association (AMA)
Sierra Club
National Rifle Association (NRA)
National Association for the Advancement of Colored People
(NAACP)
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Trust and confidence in government has declined in
recent decades. (04)
a. Explain how divided government has contributed
to the decline in trust and confidence in
government. Be sure to include a definition of
divided government in your response.
b. Explain how the increased cost of election
campaigns has contributed to the decline in
trust and confidence in government.
c. Explain two specific consequences of the decline
in trust and confidence in government for
individual political behavior.
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Good Luck!!!
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