Free Response ?s

1. remember selective incorporation—14th

Amendment due process clause was used to give
the Federal gov’t rights over state issues.
2. It asked about over time! Numerous court
cases were used over time to incorporate these
rights onto the states (particularly the South.)
Shay’s Rebellion
Shay’s Rebellion pointed out the
weakness of the central
government under the Articles of
Confederation. Make sure you
know what they are!
Direct Democracy
Government in which citizens come
together to discuss and pass laws
and select rulers.
Representative Democracy
Government that derives its powers
indirectly from the people, who
elect those who will govern; also
called a republic.
Constitutional Democracy
A government in which those who exercise
governmental powers do so as a result of
winning free and relatively frequent
elections and are subject to recognized,
enforced limits on power of all government
officials. It is the elections that make the
government democratic; it is the recognized
and enforced limits on power that make it
constitutional.
Constitutionalism
The set of arrangements such as checks and
balances, federalism, separation of powers,
rule of law, due process, and the Bill of
Rights that requires our leaders to listen,
think, bargain, and explain before they
make laws. We then hold them politically
and legally accountable for how they
exercise their powers. Remember your
question about Judicial accountability?
Ideology
One’s basic beliefs about power,
political values, and the role of
government-beliefs that arise out
of education, economic, and social
conditions and experiences.
Federalists
Supporters of ratification of the
Constitution whose position
promoting a strong central
government was later voiced in the
Federalist party.
Antifederalists
Opponents of ratification of the
Constitution and of a strong central
government generally.
Civil Liberties
Rights of all persons that can not be
denied by government power: freedom
of conscience, religion, or expression;
generally the freedoms secured by the
First Amendment
Civil Rights
Rights of all persons to equal
protection of the laws; the
constitutional right not to be
discriminated against by government
because of race, ethnic background,
religion, or gender; guaranteed by
the Fifth and Fourteenth
Amendments.
Due Process Clause
Clause in the Fifth Amendment
limiting the power of the national
government; similar to clause in the
Fourteenth Amendment prohibiting
state governments from depriving
any person of life, liberty, or property
without due process of law.
Incorporation of Bill of Rights used
this portion!
Clear and Present
Danger
Interpretation of the First
Amendment that holds government
cannot punish a person for speech
unless the speech presents a clear
and present danger that it will lead
to illegal acts. To shout “Fire” in a
crowded theater is Justice Oliver
Wendell Holmes’ famous example.
Preferred Position
Doctrine
Interpretation of the First
Amendment that holds that freedom
of expression is so essential to the
operation of democracy that judges
should give it special protection and
should almost never allow
governments to punish persons for
what they say, only for what they do.
The Social Contract
Obedienc
e
Government
Protectio
n
The People
Faction
A term used by James Madison and other
founders of this country to refer to political
parties as well as what we now call special
interests or interest groups.
Interest Group
A collection of people who share some
common interest or attitude and seek
common interest or attitude and seek to
influence government for specific ends.
Interest groups usually work within the
framework of government and employ
tactics such as lobbying to achieve their
goals.
Lobbying
Activities aimed at influencing public
officials, especially legislators, and the
policies they enact.
Iron Triangle
A mutually supporting relationship among
interest groups, congressional committees
and subcommittees, and government
agencies that share a common policy
concern.
Political Action Committee
(PAC)
The political arm of an interest group that is
legally entitled to raise funds on a voluntary
basis from members, stockholders, or
employees in order to contribute funds to
favored candidates or political parties.
Honeymoon
A period at the beginning of a new
president’s term in which the president
enjoys generally positive relations with the
press and Congress, usually lasting about
six months.
Realigning Election
An election that proves to be a turning
point, redefining the agenda of politics and
the alignment of voters within parties
during periods of historic change in the
economy and society.
Keynesian Economics
Economic principles based on the principles
advocated by John Maynard Keynes;
increasing government spending during
business slumps and curbing spending
during booms.
Soft Money
Money contributed for party-building
purposes that does not have to be disclosed
under federal law.
Dealignment
Change in the composition of the electorate
or its partisan preferences that points to a
rejection of both major parties and a rise in
the number of independents.
The Constitutional Powers
of the President
• Article II is quite short and details few powers for the
President.
• The president received certain enumerated powers in the
Constitution, however the first line of Article II may be
the most important grant of power to the president.
• It states "the executive power shall be vested in a
President of the United States of America."
• The executive power clause has been the basis for
implied powers allowing the powers of the president to
exceed the list of enumerated powers in Article II.
Legislative
Power
Chief-of-State
Pardoning
Power
Treaty-making
Power
Chief Diplomat
Commander
-in-Chief
Chief Executive
Veto Power
Appointment
Power
The Cabinet
• The Cabinet is not mentioned in the Constitution
and is formulated by each president as he/she
sees fit.
• The Cabinet consists of the heads of the major
bureaucratic departments (State, Defense,
Treasury, etc.).
• Congress exercises some control over the
bureaucracy -- through advice and consent and
budget controls.
The Executive Office of the
President (EOP)
• The EOP was established by FDR and is a very
important inner circle of advisors to the
president.
• The EOP is staffed by persons responsible to the
president alone
• The EOP includes such important offices as the
National Security Council, the Council of
Economic Advisors, and the Office of
Management and Budget.
Development of Presidential
Power
• All presidents have had similar formal grants of
power and constraints via the Constitution.
• The power and success of the presidency is
dependent upon
•
•
•
•
the personality of the person holding the office.
the informal powers of the presidency
the goals of the officeholder
and, of course, the timing of events…events often
shape a presidency (for example, crises often lead to
an expansion of presidential powers).
Continuity and Change
• The presidency is a peculiar institution. Some have argued
that the job is too big for one person and that we expect
way too much from one person.
• Presidents do have a difficult set of jobs. They are a
symbol of the country and a ceremonial leader as well as
the nation’s chief executive.
• We know more about our presidents than ever before. We
know
•
•
•
•
what kind of underwear they prefer
what they eat
who they dated in high school
how much their haircuts cost...maybe knowing so much has
made us lose respect for the office? Perhaps we need to know
less about our presidents so that they may do more.
Constitutional Provisions
• Article I, Section 10: Powers denied to the state
governments
•
•
•
•
No state shall enter into treaties.
No state shall coin money.
No state shall grant titles of nobility.
No state shall “deny to any person within its jurisdiction the equal
protection of the law” (Fourteenth Amendment, 1868)
• Tenth Amendment: “Powers not delegated to the U.S. by
the Constitution, nor prohibited by it to the states, are
reserved to the states.”
- Schools
- Establishing local governments
- Intrastate commerce
- Running elections
- Providing fire and police protection
Expansion of National Govt’s Power: Dual Federalism to Marble
Cake Federalism
• Dual federalism – national government is supreme in its
sphere; state governments, in theirs (co-equals)
• Marble Cake federalism – national government is supreme
over the states (shared responsibility)
• The federal government has gained power relative to the
states.
• Four Key Events
• FDR and New Deal
• S.C.’s new interpretation of the Commerce Clause
• Rise of Big Government
• Civil Rights Movement and Activist Court
McCulloch v. Maryland (1819)
• Implied powers: Congress has the power to “make
all laws necessary and proper for carrying into
execution” the preceding powers (final paragraph,
Article I, Section 8).
• The necessary and proper clause is also called the
elastic clause. It has been used to justify federal
policies to regulate food and drugs, build interstate
highways, protect consumers, clean up dirty air
and water, etc.
Reviving Dual Federalism?
• United States v. Lopez (1995): Supreme Court
ruled that Congress had exceeded its commerce
clause power by prohibiting guns in schools.
• Pro-state sovereignty decisions have been decided
by a 5-4 margin.
• Devolution Movement: States as Laboratories of
Democracy
Monetary Policy
U.S. monetary policy regulates the money supply and
interest rates to control inflation and stabilize the economy
to achieve national economic goals. This policy affects the
cost of and availability of money and credit which in turn
influences
how
much
is
spent
by
individuals
and
businesses.
www.collegeboard.com
Monetary Policy
Monetary policy is set by Federal Reserve Board (“The
Fed”), or more precisely, its Federal Open Market
Committee. The Federal Reserve Act calls for the Fed to
“promote effectively the goals of maximum employment,
stable prices, and moderate long-term interest rates."
www.collegeboard.com
Monetary Policy Theory
The Cost of Money
When the real cost of money (and credit) is low:
• Businesses and individuals are more likely to invest and spend.
• This climate promotes demand.
• Demand promotes economic growth.
• Economic growth promotes more employment.
• Economic growth promotes higher wages.
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Monetary Policy Theory
The Cost of Money
When the real cost of money (and credit) is too low:
• Demand can begin to outstrip productive capacity.
• When demand increases the supply can become inadequate.
• Concern about the value of money and credit (the cost) in the
future may increase.
• This may produce higher prices (inflation).
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Why the Fed (and not the
President and Congress)?
• There was a general belief that a centralized policy is necessary.
• Independence keeps politics out of its decisions.
• … relatively, at least.
• The Fed has expertise.
www.collegeboard.com
How is Fed Independence Achieved?
• There are long terms for its leadership.
• Members are appointed by president and confirmed
by Congress.
• The Fed largely controls its own budget.
Fiscal Policy
The use of government spending and taxation to influence
the economy. Both the levels and allocation of spending and
taxation can influence economic outcomes — at the
aggregate and within sectors of the economy.
www.collegeboard.com
Fiscal Policy Theory
During slow economic periods the government can lower taxes
and/or increase spending as a way to encourage economic expansion.
These strategies would produce increased deficits. Specific
programs, such as public works, can be targeted, or, the government
may rely on aggregate levels of activity to produce stimulation.
Some programs are automatic, such as unemployment, while others
are ad hoc. The same points can be made on the revenue side. The
opposite types of activities can be utilized to slow economic
expansion during periods of inflation.
www.collegeboard.com
Key Elements of the Federal
Budgeting Process
• About a year-and-a-half out, agencies prepare requests
that over time are aggregated up the chain and ultimately
go to the Office of Management and Budget (OMB).
• The President’s budget is presented in January or
February.
• The Congressional budget is presented in the late
summer.
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