Quick AP Go/Po Overview
This is NOT a complete review!!
The US Constitution
• 4 Basic Principles
– Separation of Powers – Constitutional
Responsibilities (delegated/enumerated powers)
– Checks and Balances
– Representation
– Federalism – not in the Constitution – it is implied
(how?)
The US Constitution
• Article I – Congress, Senate, House of
Representatives (know the DIFFERENCES)
– House and Senate have powers separate from
CONGRESS
• Article 2 – Executive Power
• Article 3 – Judicial Power to Supreme Court
Checks and Balances
• Understand Veto and Veto Override
• Judicial Review is NOT a constitutional power
– Marshall gave it to himself – no one questioned
• Advice and consent – nominations
• Impeachment and Removing
• Amending Process – Amendments cannot be
unconstitutional
Constitutional Checks
(Formal)
Representation
• Reapportionment and Redistricting – political
ramifications
• Gerrymandering
• Southern states are getting more electoral
votes
– People are retiring to the South (“Hasta La Vista
Bubba”)
• Civil Rights, current laws, electoral college
Federalism
• A division of Power (different than separation
of power)
• Anytime Congress gives or takes away powers
• States control elections, redistricting
• Fiscal Federalism – deals with
money/budgeting
• Cooperative Federalism – grants, earmarks,
pork barreling
Federalist Papers
• Federalist #10 – Factions (interest groups,
political parties) – Madison said “inevitable”
• Federalist #51 – Separation of Power
• Federalist #39 – Federalism/Representation
• Federalist #78 – Court System
Demographics
• Who typically votes Democratic?
–
–
–
–
Minorities
Highly intellectual
Low-income
Union members
• Who typically votes Republican?
–
–
–
–
–
Educated
Higher-income
More religious
Cuban-Americans
White-collar
Congress – How is it Organized?
1. Constitutional – delegating powers (Speaker, President of
Senate, President Pro Temp.)
2. Political Parties – not in Constitution
–
Organized around leadership
3. Committees
–
–
–
House Appropriations – spending
House Ways and Means – raise taxes
House Rules – rules (traffic cop)
•
–
–
–
Open, close, Germane (amendment to bill addresses the same subject),
debate
Judicial Committees
Standing Committees
Committees have appropriate jurisdiction – they specialize
•
•
Its where members make their names (political capital)
Earmarks
Senate and House
• Senate has less formal rules than House (less
numbers)
• Senate has advice and consent over
Presidential nominations
• Revenue bills start in House
• House impeaches, Senate holds trial
• Redistricting – constituency, incumbency
President
• 6 Formal Powers
– Legislative Powers (veto, pocket veto, signing
legislation)
– State of the Union Address
– Appointment Power
– Calling Congress into Session
– Chief Executive role (“faithfully execute the law”
clause)
– Commander in Chief
Supreme Court
• Judicial Branch
• *Holy Trinity* of court cases
– Marbury v. Madison – judicial review
– McCulloch v. Maryland – implied powers
– Gibbons v. Ogden – interstate trade
• US v. Lopez and others (?) – When does Congress
step on Amendment 10?
• Nomination and approval
• Interpretation of Amendments
• Judiciary Acts of 1789 and Appeal/Trials Courts
• Dual System
Article 4
• “Full Faith and Credit”
• Gay Marriage?
Article 5 – Amendment Process
• Proposed by Congress with a 2/3 majority
vote in both the House and Senate
OR
• Constitutional Convention called for by 2/3 of
state legislatures
None of the 27 amendments have been
proposed by Constitutional Convention
Article 6 – Supremacy Clause
• Federal Government has supremacy over
states
• Constitution is the Supreme law of the land
• Established in McCulloch v. Maryland
Amendment 1 – Free Exercise &
Establishment Clause
•
•
•
•
•
•
•
•
Speech can be symbolic
Engel v. Vitale
Division v. Smith
Texas v. Johnson
Tinker v. Des Moines
*Gitlow* - 1st incorporation case
Schenk
Skokie case
Amendment 4 – Unreasonable Search
and Seizure
• Probable cause
• Mapp v. Ohio – “exclusionary rule”
• What is “unreasonable”?
Amendment 5 – Due Process
• Miranda v. Arizona
Amendment 6 – Right to Counsel
• Gideon v. Wainwright (overruled Betts v.
Brady)
Amendment 10 – Reserved Powers
• Basis of Federalism
• Any powers not delegated to the national
government are reserved for the states
– Education
– Voting
Amendment 14 – Equal Protection
• Used to punish the South during Reconstruction
• Only place in the Constitution where citizenship is
defined
– Immigration
– Federalism – no state shall take away rights of the
citizens
• Incorporation Doctrine – extends civil liberties
(Bill of Rights) and makes them civil rights
– Know the difference between civil rights and civil
liberties
– Selective Incorporation is on a case by case basis
Selective Incorporation Cases
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Freedom of Speech, Gitlow v. New York (1925)
Freedom of the Press, Near v. Minnesota (1931)
Right to Counsel in Capital Cases, Powell v. Alabama (1932)
Freedom of Assembly, DeJonge v. Oregon (1937)
Free Exercise of Religion, Cantwell v. Connecticut (1940)
No Established National Religion, Everson v. Board of Ed. (1947)
Ban on Unreasonable Search and Seizure, Wolf v. Colorado (1949)
No evidence from Illegal Searches, Mapp v. Ohio (1961)
No Cruel and Unusual Punishment, Robinson v. California (1962)
Right to Counsel in all Felony Cases, Gideon v. Wainwright (1963)
No Self-Incrimination, Malloy v. Hogan (1964)
Right to Confront Adverse Witnesses, Pointer v. Texas (1965)
Right to Impartial Jury, Parker v. Gladden (1966)
Right to Obtain Defense Witnesses, Washington v. Texas (1967)
Right to Speedy Trial, Klopfer v. North Carolina (1967)
No Double Jeopardy, Benton v. Marland (1968)
Right to Counsel for Imprisonable Misdemeanors, Argersinger v. Hamlin (1972)
Right to Notice of Accusation, Rabe, Washington (1972)
Interest Groups
• Linkage mechanism, used to educate decision
makers
Demands
Interest Groups
•Lobby
•Public Hearings
•Educate
Decision-makers
Output
Iron Triangles
Interest Group - Demands
Lobbying!
Committee –
Legislation Made
Agency – Policy is
implemented
Political Action Committees (PACs)
• Where do they come from?
– Federal Election Campaign Act (1974)
• Hard money (limited) or soft money (loophole)
• Bipartisan Campaign Reform Act (BCRA)
makes soft money illegal
– Growth of 527s (tax-exempt under section 527 of
IRS tax code and not regulated by FEC)
Political Parties
• Political parties run candidates, interest
groups support candidates
• 3rd parties serve as catalyst (example: populist
to progressives)
Critical Elections
• Realignment and dealignment
Important Acts
• Civil Rights Act of 1964
– Discrimination illegal…public accommodations, facilities,
housing, education, employment
– Equal Employment Opportunity
• Voting Rights Act of 1965
– Prevented states from passing laws that would limit
participation
• Federal Election Campaign Act 1972 & 74
– Limited funds given by PACs, full disclosure, Buckley v. Valeo cut
down the limitations of candidate spending
– Federal Election Commission
• Bipartisan Campaign Reform Act 2002
– Outlawed the use of soft money
– Increased hard money…issue advocacy
Important Acts
• Budget and Accounting Act 1921
– Created modern budget process…president given
power to design government
• Budget Impoundment and Control Act 1974
– Budget Calendar, Budget Committees in Congress,
Congressional Budget Office
• Temporary Assistance to Needy Families Act 1996
– Ended Aid to Families with Dependent Children
(AFDC)…block grants to state for social assistance
• Unfunded Mandate Act
– Limited the power of Congress to force compliance
with federal programs without federal funding
Important Acts
• Violence Against Women Act
– Declared unconstitutional by US v. Morrison
• Americans with Disabilities Act 1990
– Public accommodations, did not provide funding
• Motor Voter Registration Act
– Passed and vetoed (George Bush Sr.)…passed
again by Clinton
– Register to vote with driver license renewal
• War Powers Act 1973
– Limited war making powers of the President
Important Acts
• Title IX of the Civil Rights Act of 1974
– Any school receiving federal funding must not
discriminate in female school activities
• Lobby Reform Act 1995
– Disclosure and registration of lobbyists
• Ethics in Government Act 1978
– Disclosure of income and any positions held, limited
employment of former agency members
• Pendleton Act 1883
– Ended the Spoils system (patronage) and created Civil
Service Reform
Important Acts
• Freedom of Information Act 2000
– Release records and information (with exemptions) of
public documents
• No Child Left Behind 2002
– Passed to improve education in public schools…”unfunded
mandate”, controversial
– Helps underperforming schools, not suburban areas, costly
for states
• Patriot Act 2001
– Among its provisions, the Act increased the ability of law
enforcement agencies to search telephone, email
communications, medical, financial and other records
– Eased restrictions on foreign intelligence gathering within
the United States
For More Review..
• C-SPAN CRAM for the EXAM
– Review videos on www.citizenu.org
– Saturday, May 7th: Cram session at 9 am on C-SPAN
– Watch last year’s review online at http://www.cspanclassroom.org
• Scroll down to the very bottom, it’s the number 1 video
• Online Flashcards
– http://www.funnelbrain.com/category.php?sid=15
– http://quizlet.com/2225277/ap-government-reviewvocabulary-flash-cards/