AP
GOVERNMENT
EXAM REVIEW
COACH AULTMAN
HENDRICKSON HIGH
SCHOOL
National
government could not levy taxes
No national army
No control over trade (domestic of foreign)
No federal supremacy
No Supreme Court
No Executive
Amendments required unanimous vote
Pass laws – 9/13 vote
*1781-1787 (*technically since Second
Continental Congress)
Preamble
… “We the People of the United States, in
Order to form a more perfect Union…”
7 articles

27
Article I – Legislative, II – Executive, III – Judicial, IV – Full
faith credit, extradition, federalism, creation new states, V –
Amending, VI – Supremacy Clause, VII – Ratification
Amendments (Bill of Rights 1-10, ratified 1791)
1787 – Constitutional Convention-ratified in 1789
“Supreme Law of the Land” (Article VI)
Living document – read and interpreted by courts around
the world.
Checks
and Balances
Separation of Powers
Federalism
Republicanism
Judicial review
Other liberties included within the articles
Writ of habeas corpus - statement of charge to “hold the body”
 No bill of attainder - laws that make an individual guilty of a crime without

a trial, were barred

No ex post facto laws - which declared an action a crime after it had been
performed, were not permitted
(1803)
Judicial
review
1st time S.C. declared a Congressional act –
(section 13) Judiciary Act of 1789 -unconstitutional
Chief Justice John Marshall wrote decision
Legitimized the role of the Supreme Court
Publius
(James Madison) Factions (interest
groups/parties/passions) and REPUBLICAN form of
government
Factions allow us to consider all sides; inevitable differences;
but dangerous if not monitored. Government is the mediator
between factions, none should gain enough power to violate
other’s rights in free government
“liberty is to faction what air is to fire…”
“The regulation of these various and interfering interests
forms the principal task of modern legislation…”
George Washington in his Farewell Address warned against
factions and political parties
Publius
(James Madison)
Separation
of branches; Checks and balances
“The great difficultly lies in this: you must first
enable the government to control the governed;
and in the next place oblige it to control itself.”
“ambition must be made to counteract ambition”
“If men were angels, no government would be
necessary.”
Publius
Judicial
(Alexander Hamilton)
power implied judicial review
The independence of judges is an essential
safeguard against effects of society
(Judicial Branch) has “neither FORCE NOR
WILL, but merely judgment…”
“right of the courts to pronounce legislative acts
void…”
“No legislative act, therefore, contrary to the
constitution, can be valid.”
Powers
granted to one of the three branches of
the national government by the Constitution
Inherent- self-evident, automatic as a sovereign
country.
Expressed – powers derived from the
Constitution
Implied
Powers
Authority
granted by inference of the Constitution’s delegated
powers
(I.8.18.) = Article I, section 8, clause 18 “necessary and
proper clause”
Federal
supremacy (Article VI) - supremacy
clause
Question over the power of Congress to
establish a national bank
Implied power - (I.8.18) Congress may “make
all laws necessary and proper for carrying into
execution …and all other powers vested in…the
gov’t of the United States ” or the elastic clause
Justice John Marshall expanded the role of the
national government
“Power to tax is the power to destroy”
Layer
cake
limited powers given to the national government
(national defense and foreign policy) and the rest left
to the sovereign states
Each level dominant within its own sphere
Tenth Amendment
Conservative stance
Supreme Court is umpire
Supreme Court favored this interpretation for the
first 100 years of American history
Decentralist view (states rights)
Marble
cake
Stresses federalism as a system of
intergovernmental relations in delivering goods
and serves to people
Calls for all levels of government to work
together
Government is involved in a variety of issues
and programs
New Deal Programs – FDR
State
to state relations
Full Faith & Credit (IV,1) requires states to enforce court
judgments of other states (divorce) and accept public
records as valid (marriage licenses, identifications)
Interstate Privileges and Immunities (IV, 2) must
extend to citizens of other states - protection of laws, right
to engage in peaceful occupations, access to courts and
freedom of discriminatory taxes; states may not impose
unreasonable residency requirements (such as medical care
or voting requirements for new residents)
Extradition (IV, 2) states must deliver criminals back to
home state
Interstate Compacts (I, 10) states must settle disputes
peacefully; all state to state compacts must be approved by
Congress
Federal
government disperses $ (collected from taxes) to state
and local governments
“Grants-in-aid”
Categorical
–money given with strings attached. $ for a specific
purposes, subject to federal supervision
Formula
grants-meet the formula to get the money
Project Grants -- state, local, and nongovernmental agencies can apply for $
(universities, employment training programs); National Science Foundation
Block
-- broad grants to states for prescribed activities with
few strings attached (child care, welfare, social services,
education and health care)
“Devolution revolution” - effort to slow growth of federal
government by returning many functions to the states (welfare)
– Welfare Reform Act 1996
Federal
laws that all levels of government must
comply with (funded or not)
New Deal Programs, Great Society Programs,
Clean Air Act were mandates for the nation
Unfunded Mandates
 Americans
With Disabilities Act 1990 (ADA)
 Unfunded Mandates Reform Act of 1995 - requires
the Congressional Budget Office (CBO) and federal
agencies to report the impact of unfunded mandates
describing the impact on state and local
governments
Legislative
Branch (Congress)
House and Senate
Very detailed powers - enumerated (I.8)
impeachment
Gives Congress the most power
“Necessary-and-proper” clause
Habeas corpus, no bill of attainder or ex post facto
laws
Interstate commerce clause
Census
Levy
taxes
Borrow
Regulate commerce
Naturalization and bankruptcy
Coin money
Establish a Post Office
Punish counterfeitors
Patents and copyrights
Create Courts (tribunals)
Declare war
Maintain army and navy
435,
2 year term, 25 years old, 7year resident, citizen
Apportionment by population for each state
Districts decided by state legislatures, census of pop
every 10 years (single member districts)
Smaller constituency, less staffers, less media, limited
debate time
All revenue bills start in the HOUSE
Ways
Rules
and Means Committee
Committee (decides rules of debate)
Quorum (218) to conduct business
Speaker of the House (3rd in the succession of
presidency)
Policy specialists
Power to vote for impeachment (accusation)
Drawing
of boundary lines for Congressional districts
to obtain partisan or racial advantage
From Governor Gerry of MA in 1811, the shape of his
district looked like a salamander
Shaw v. Reno (1993) racial gerrymandering unconstitutional, equal
protection clause XIV Amendment
State
Legislatures redraw districts after census (every
ten years), sometimes add or lose Congressional districts
based on their state’s population increases or decreases
100
(2 per state)
Larger constituency, more staffers, more seniority,
more media, more prestige
6 year term, 30 years old, 9 years resident, citizen
Riders allowed on bills
Filibuster and cloture (3/5 of Senate-60 votes)
Confirmation presidential nominations: federal
judges, ambassadors, cabinet Supreme Court justices
Ratify treaties (2/3)
Hold impeachment trials (2/3)
Vague
on purpose and meaning
Commander-in-Chief (power to make war)
Make treaties
Make pardons and reprieves
State of the Union Address
Appointments to the federal government
Heads
of agencies
Federal judges
Ambassadors
Cabinet
Execute
laws
Call special sessions
Recommend measures
Article
II
4 year term, 35 yrs old, 14 yr resident and US
natural-born citizen
XXII (22) Amendment, max 2 terms in office, or
10 years, reaction to FDR
XII (12) changed the election process of the
president (electoral)
XXV (25) disability and succession of president
Grant
pardons
Can make recess appointments
State of the Union, Convene Congress
Wield “executive power”
“Take Care” that Laws be faithfully executed
Appoint officials (ambassadors, federal justices, and
all other officers)
Veto and approve legislation
* Make treaties
* Commander in Chief
* Commission Officers (of military)
* Receives ambassadors, or other public Ministers
 Confirmation
by Senate
 Treaties
 Appointments
 Congress
can make laws
 Congress controls the money
 Congress can override a veto
 22nd amendment
 25th amendment
Morale
builder
Party leader
Coalition builder
Crisis manager
Personnel recruiter
“Leader of the Free World”
Persuader “bully pulpit” use the media!
 Public
opinion
 Media
 Partisan
politics
 Interest groups
 Congressional investigation
 Foreign Leaders
President
can veto and send the bill back to
Congress with the reasons why
Pocket veto -- if the President does not sign or veto
within 10 days, and Congress adjourns, the bill is dead
Silent veto- bill turns into LAW – “put it in a
drawer” President neither signs or vetoes within 10
days (Congress in session), bill becomes law.
Threat of a veto is usually enough to deter or alter
legislation to the president’s liking
Vetoes are usually FINAL- less than 10% are
overriden (2/3 majority in BOTH houses)
Reaction
to Vietnam Conflict
Congressional act sent to Nixon, he vetoed it, sent back
to Congress, overrode veto with 2/3 vote
President must report his action to Congress within 48 hours
and can withdraw them within 60 days
 Congress, with a concurrent resolution, can remove troops
after 90 days without a veto by President

Most
state governors have this power
Line Item Veto Act passed in 1996
Intent was to give President more power over the
budget
Clinton et al. v. New York et al. (1998) decision
6-3; unconstitutional
Refusal
of the president to spend $ appropriated
by Congress for a specific program
Temporary delay tactic to control spending
Budget and Impoundment Control Act (1974)
reduced the President’s impoundment powers
 94
Federal District courts- original
jurisdiction- they hear no appeals.
 675
judges. Each district has between 2-28 judges
 Must address a Constitutional or federal question
 each court has a U.S. attorney –nominated by
President and confirmed by Senate (prosecutors for
fed government)
 12
judicial circuits, including one for D.C. (we
live in the 5th circuit)
 between 6 and 28 judges but each may sit en
banc (all judges present).
 They focus on correcting errors of procedure
from lower courts.
 No trials and hears no testimony.
Both original and appellate jurisdiction.
 9 justices, 1 of those is Chief Justice.
 Constitution makes no requirements for
qualification.
 Courts control their agenda- accept very few
cases.
 Rule of 4 to hear a case
 Granting a Writ of certiorari- “to be informed”
 The Solicitor General- appointed by
president/confirmed by Senate is the attorney for
the federal government in all Supreme Court cases.

 The
first Monday in October – June-hear
oral arguments in courtroom
 2 weeks of reflecting on cases and writing
opinions about them.
 Throughout they receive amicus curiae briefs.








Standing to sue
Majority opinions
Concurring opinions
Dissenting opinions
per curiam decision- decision without explanation.
the principle of stare decisis (let the decision stand)
Activism- make bold policy decisions - charting new
constitutional ground (Gideon, Miranda, Brown, Roe)
Advocates say courts can correct pressing needs, especially
those unmet by political process.
Restraint- adhere to precedent and play a minimal role in
policymaking-leaving that to legislatures. Advocates say judges
are not elected by the people, and therefore are not representing
will of majority.
 Theories
 Pluralist
 Elite
of Interest Group Politics
Theory
Theory
 Hyperpluralist
Theory

The Surprising Ineffectiveness of Large
Groups
Free-Rider problem: Some people don’t join
interest groups because they benefit from the group’s
activities without officially joining.
 The bigger the group, the larger the free-rider
problem.
 Large groups are difficult to keep organized.

Small groups are better organized and more focused
on the group’s goals.
 Thus consumer groups have a difficult time getting
significant policy gains- the benefits are spread over
the entire population.
 Groups that can provide selective benefits is a way to
overcome this problem.


Intensity
Single-Issue groups: Groups that focus on a narrow
interest and dislike compromise.
 Groups may focus on an emotional issue, providing
them with a psychological advantage.
 May be more likely to use protests and other means
of political participation than traditional interest
groups that use lobbyists.


Financial Resources
Not all groups have equal amounts of money.
 Monetary donations usually translate into access to
the politicians- a phone call, a meeting, etc.
 There is a bias towards the wealthier groups.
 But, the wealthier groups don’t always win in the
policy arena.

Lobby- information-they are specialist
 Litigate- file class action lawsuits-amicus curie
briefs
 Electioneer- help to campaign-PAC’s give
money and strategy
 Go Public- websites, media attention, protest…


Goal of a political party
 WIN
elections
 Put people who think like you into office
 Policy generalists



Party in the electorate
Party in office
The party as an organization





National committee
Full time chair-paid to run the organization
National convention every four years
Congressional committee that raises money
Broad ideological base to attract all kinds of voters
Nominate-narrow down the choices
 Fund raising
 Mobilize-educate-stimulate
 Organize government
 Campaign
 Watchdog

History- federalist and anti-federalist
 Winner take all in electoral system
 Two major parties make it hard for third parties
to “play”-Lack of Ballot Access
 Consensus values-we a majority/minority
country-believe in equality

Candidates run their own campaigns
 Candidates can raise their own money
 The primaries/caucuses cause disunity
 Party discipline is poor
 Parties are fragmented/decenralized


First two parties




Federalists- led by Hamilton
Anti-Federalist- led by Jefferson (rural interests, states rights, weaker
central government)
Both parties faded…
Reemergence of two parties in 1828-Jackson


Jackson and the democrats (coalition of south and west-sought
universal suffrage)
Whigs- wealthy- business owners-sought strong central government

1840/1850’s-Whig party falls apart and become Republican party.

THE REPUBLICAN ERA: 1861-1933


Elects Lincoln and dominates the white house for several
decades
THE DEMOCRATIC ERA: 1933-1969

Roosevelt Coalition of voters-composed of eastern workers,
southern and western farmers, blacks, and the ideologically
liberal.


Second Bill of Rights
Court packing
Characterized by those dominated by a strong
individual with charisma.-typically fade after
person is no longer popular (Perot, Nader)
 Parties that promote certain causes
 Splinter parties

Bring new groups into electorate and also serve
as “safety values” for popular discontent.
 Bring new issues to the political agenda (the
environment, the deficit).


Rise of the independents


Ticket-splitting V straight ticket voting
Realignment
2004-split between red/blue (NE and W verses
South and MW)
 2008-crossover votes from republicans to democrat.


Three types of elections:
Select party nominees (primaries)
 Select officeholders (general election)
 Select options on specific policies


Referendum:
State voters approve or disapprove proposed
legislation.
 Often used for constitutional amendments.


Initiative:
Voters in some states propose legislation to be voted
on.
 Requires a specific number of signatures to be valid.
 Usually the work of policy entrepreneurs.
 Can still be voted down by the people.


Registering To Vote
Voter Registration: A system adopted by the states
that requires voters to register well in advance of the
election day.
 North Dakota has no registration system.
 Motor Voter Act: Requires states to permit people
to register to vote when the apply for their driver’s
license.


Who Votes?
Education: More education = more likely to vote.
Most important factor.
 Age: Older = more likely to go vote.
 Race: Caucasian = more likely to go vote. BUT, other
ethnicities are higher with comparable education.
 Gender: Female = more likely to go vote.


Who Votes? (continued)
Marital Status: Married = more likely to go vote.
 Mobility: Don’t move = more likely to go vote.
 Union Membership: Union member = more likely to
go vote.
 Traits are cumulative- possessing several adds up.

Conventional
- Relatively routine political behavior
that uses institutional channels and is acceptable to
the dominant culture (voting, writing elected officials,
political demonstrations - holding signs in protest,
signing a petition)
Unconventional - relatively uncommon political
behavior that challenges or defies established
institutions and dominant norms (Boston Tea Party
1773, boycotting, occupying buildings, locking arms to
block, striking, 1968 Dem Convention, assembly of a
militia group, suicide bombers)
XV
(15) – (1870) African American males
XVII (17) – (1913) direct elections for US Senators
XIX (19) – (1920) Women Suffrage
XXIII (23) - (1961) District of Columbia
residents vote for president
XXIV (24) - (1964) prohibit poll taxes
XXVI (26) – (1971) 18 year old vote

Nomination

Primaries
Open
 Closed
 Wide-open-blanket


Caucuses
Convention
 General Election


Electoral college
Civil
Liberties
“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or the press, or the right of the people to
peacefully to assemble, and to petition the Government for a
redress of grievances.”
Schenck v. United States (1919) speech, clear and present
danger
Gitlow
v. New York (1925) incorporation of First
Amendment’s freedoms of speech and press provisions, citing
the Fourteenth Amendment’s due process clause to apply to
state law
Establishment
Clause: “make no law respecting the
establishment of …”
 Lemon v. Kurtzman (1971) “lemon test or 3-prong
test”
 Engel v. Vitale (1962) no state-sponsored prayer in
public school
Free exercise clause “or prohibiting the free exercise
of…”
Reynolds v. United States ( 1878) – polygamy is illegal and is
not protected under 1st Amendment
 Oregon v. Smith (1990) – unlawful drug use is illegal in
religious ceremonies and is not protected under 1st
Amendment

Defined
citizenship
Clauses: privilege and and immunities, Due
process, equal protection
Incorporation
 Application
of due process clause to the State law –
“nor shall any State deprive any person of life,
liberty, or property, without the due process of the
law”
 Gitlow v. New York (1925)
The
legal concept under which the Supreme
Court (and federal courts) has “nationalized” the
Bill of Rights by making most of its provisions
applicable to the states through the Fourteenth
Amendment.
The following amendments have not been
incorporated: II, III, VII, X (Grand Jury)-selective
incorportaion
Selective
Incorporation – the Supreme Court (or
federal courts) decide on a case-by-case basis, when to
apply the Bill of Rights to state law from the due
process or equal protection clauses in the Fourteenth
Amendment.
Palko v. Connecticut (1937) – first rejection by S.C.
of “total” incorporation; ruled that the Fifth
Amendment double jeopardy provision does not
apply to the states through the
Search
and seizures
Wolf v. Colorado (1949) (incorporation
case, 4th and 14th Amendments)
Mapp v. Ohio (1961) - (incorporation case,
4th and 14th Amendment)
Exclusionary rule
5th
and 14th Amendments
Protection against deprivation of life, liberty, or
property
Rights of the accused
Origin from the Magna Carta (1215)
Due
process
Eminent domain (gov’t will pay $ for private
property)
Self-incrimination
Double jeopardy
Capital crime – Grand Jury (except Military and
emergencies)
Miranda v. Arizona (1966) rights of the accused,
Fifth amendment-self-incrimination
Fair
and speedy trial; right to counsel
Gideon v. Wainwright (1963) counsel must be
provided in felony cases (incorporation case – due
process in 6th and 14th Amendments)