Unit 1 Constitutional
Underpinnings
5%-15%

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Create a strong union of states
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Establish justice
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Preserve Domestic Order
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Provide for the common defense
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Promote general welfare
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Promote individual freedoms

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Creates Federalism
– A balance between the national and state governments
National government could tax
Congress could regulate commerce between the states and foreign nations
Article II created an executive department to enforce laws
Article III created a national judiciary with a
Supreme Court and lower courts established by Congress

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Only the national government could coin money
States are represented based on population in the House of Reps and equally in the Senate
Bills need a simple majority in the House and Senate
2/3 of Congress and 3/4of the states are necessary to amend the Constitution

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Limited government
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Popular sovereignty
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Separation of powers
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Checks and balances
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Federalism

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The Constitution has been formally amended 27 times.
– Please know all the amendments
The first 10 amendments are known as the Bill of Rights

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Legislative action: Judiciary Act of 1789
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Executive actions: Executive orders
Judicial review:
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Custom and usage: No 3 rd term for
Presidents

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Delegated powers
– Expressed powers given to the national government
Implied powers
– Powers that may be reasonably inferred from the
Constitution (Necessary and Proper Clause)
Inherent powers
– Powers that exist from the national government because the government is sovereign
Concurrent powers
– Belong to both the states and national governments
Reserved powers
– Powers that belong to the states (Amendment 10)

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Interstate Relations
– Full faith and credit clause: states are required to recognize the laws and legal documents of other states
– Privileges and immunities clause: states are prohibited from unreasonably discriminating against residents of another state
– Extradition: states may return fugitives to states which they fled
– Interstate compacts: states may work together to solve regional problems

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Article IV Supremacy Clause
– McCulloch v. Maryland (1819) Federal law is supreme over state law
– Gibbons v. Ogden (1824) National supremacy over interstate commerce

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Dual Federalism (1789-1932)
– Layer cake federalism: National and state have power within their own sphere of influence
Cooperative Federalism (1932-1968)
– Marble cake federalism: National and state work together
New Federalism (Nixon, Reagan, Bush 41)
– Devolution of national power to the states

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Grant in aid
– Money and resources provided by the national government to state and local projects and programs
Categorical grants
– Grants that have specific purpose defined by law
Block grants
– General grants which can be used for a variety of purposes
Unfunded mandates
– Requirements which are imposed by the national government on the state and local governments

Political Beliefs and Behaviors
10%-20%

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A set of beliefs and basic values shared by most citizens.
– Majority rule
– Free elections
– Equality in law
– Private property
– Individual freedoms

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The process in which citizens acquire a sense of political identity
– Family and home life
– Education
– Group affiliations (interest groups, labor unions)
– Demographic factors (age, sex, race, religion)
– Mass media
– Historical events

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A collection of shared attitudes of many different people in matters relating to politics, public issues, or making of public policy.

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1930’s George Gallup developed polling:
– Sampling
– Preparing valid questions
– Controlling how the poll is taken
– Analyzing and reporting results

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A set of beliefs about politics and public policy that creates the structure for looking at government and public policy.

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Radical: favor rapid, fundamental change in existing social, economic, political order
Liberal: supports active government in promoting individual welfare and social rights
Moderate: political ideology falls between liberal and conservative
Conservative: promotes a limited government role in helping individuals, supports traditional lifestyle
Reactionary: advocates a return to a previous state of affairs

Political Parties
Interest Groups
Mass Media
10%-20%

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An association of people who seek to control the government through common principle.
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Two Party System: There are several parties but only two major parties compete and dominate elections
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Minor Parties: generally have little to no impact on elections

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Recruit candidates
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Nominate and support candidates for office
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Educate the electorate
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Organize the government (majority vs. minority)

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Ideology
Income
Race
Religion
Region of country
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Education
Occupation
Gender
Family tradition
Marital status

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British heritage
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Federalist/Anti-Federalist
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Electoral system
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Election laws

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Dealignment: when significant number of voters no longer support a particular party
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Realignment: voting patterns shift and new coalitions form.
– Republicans (1860)
– Democrats (1932)

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Voting in elections
Discussing politics and attending political meetings
Forming interest groups and PACs
Contacting public officials
Contributing money to a candidate or political party
Running for office
Protesting government decisions

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Direct Primary
– Allows citizens to nominate candidates
Recall
– Is a special election initiated by petition to allow citizens to remove an official from office
Referendum
– Allows citizens to vote directly on issues called propositions
Initiative
– Allows voters to petition to propose issues to be decided by qualified voters

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Voter turnout is higher for Presidential elections
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Lower turnout for midterm elections
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Lower when compared to other nations

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Expansion of the electorate (26 th Amendment)
Failure of the political parties to mobilize voters
No perceived differences between candidate or party
Mistrust of the government
Apathy
Satisfaction with the way things are
Lack of political efficacy
Mobility of the electorate
Registration process

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Primary Election: voters choose candidates from their party
Closed primary: only voters who are registered in the party may vote to choose the candidate
Open primary: voters may vote to choose the candidate of either party, whether they belong to that party or not
Blanket primary: voters may vote for candidates of either party
Runoff primary: when no candidate from a party receives a majority of the votes, the top two candidates face each other

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General Election
– Voters get to choose from among all the candidates nominates by political parties or running as independents

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President and Vice-President are chosen by the
538 electoral votes
– 435 districts
– 100 senators
– 3 Washington DC
States use a winner take all method of assigning their electoral votes based on popular vote
The candidate that receives a majority (270) is declared winner.
If no winner is declared the House of
Representatives chooses the President and the
Senate chooses the Vice-President

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Federal Election Campaign Act (1971)
– Restricted
 Amount spent on campaign advertising
 Required disclosure of contributions and expenditures
Federal Election Commission
– Enforces the FECA
– Created public financing for presidential candidates
Buckley v. Valeo ( 1976)
– The Supreme Court ruled that spending limits established by the FECA were unconstitutional

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Bipartisan Campaign Reform Act aka BCRA
(aka McCain-Feingold)
– Banned “soft money” to candidates & parties;put limits on issues ads from corporations and unions; increased disclosure
(2010)
– $= free speech which removed BCRA limits on corporations/unions/non-profits which leads to
SuperPACS which can take unlimited $

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Raise awareness and stimulate interest in public affairs by educating their members and the public
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Represent membership, serving as a link between members and the government
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Provide information to the government
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Provide channels for political participation

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Economic Interest Groups
– Labor Groups (AFL-CIO)
– Business Groups (Chamber of Commerce)
– Professional Groups (National Education
Association)
– Agricultural Groups (National Farmer’s Union)

The Legislative, Executive, and
Judicial Branches
35%-45%

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Article I of the US Constitution creates a bicameral legislature consisting of the
House of Representatives and the Senate
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The current structure was a result of the
Connecticut or Great Compromise reached at the Constitutional Convention

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Membership
– 435 members apportioned by population
Term of Office
– 2 years; entire House elected every 2 years
Qualifications
– At least 25 years old
– Citizen for 7 years
– Must live in state where district is located
Constituencies
– smaller, by district
Prestige
– Less prestige

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Apportionment: distribution among the states based on the population of each state
Reapportionment: the redistribution of
Congressional seats after the census determines changes in population distribution among the states
Congressional districting: the drawing by state legislatures of congressional districts for those states with more than one representative
Gerrymandering: drawing congressional districts to favor one political party or group over another

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Leadership
– Speaker of the House
 Presiding officer and most powerful member
 Assigns bills to committee
 Controls floor debates
 Appoints party members to committees
– Majority Leader
 Assistant to the Speaker
 Helps plan party’s legislative program
 Directs floor debates
– Minority Leader
 Major spokesperson for the minority party
 Organizes opposition to the majority party

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A bill is introduced, numbered, and assigned to a committee
The bill may be assigned to a subcommittee for further study
The bill is returned to committee where it is approved or rejected
The rules committee sets terms of debate for the bill
The bill is debated by the House
A vote is taken. Bills that pass go to the Senate
Conference committee resolves any differences between House and Senate Bill
Resolved bill is voted on in the House
If approved, sent to the President

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Membership: 100 members (2 from each state)
Term of office: 6 years; staggered terms with one-third of the Senate elected every 2 years
Qualifications:
– At least 30 years of age
– Citizen for 9 years
– Must live in state
Constituencies: Larger, entire state
Prestige: More prestige

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Getting Elected
– Members were originally chosen by the state legislatures in each state
– Since 1913, the 17 th Amendment allows the direct election of senators by the people of the state

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Leadership
– US Vice President
 Presiding officer of the Senate.
 Cannot debate and only votes to break a tie
– President pro tempore
 Senior member of the majority party
 A ceremonial position
– Majority leader
 The most influential member of the Senate
 The majority party’s spokesperson
– Minority leader
 Performs the same role as the House minority leader

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A bill is introduced, numbered, and assigned to a committee
The bill may be assigned to a subcommittee for further study
The bill is returned to committee where it is approved or rejected
No rules committee!
The bill is debated by the Senate
A vote is taken, where the bill is passed or defeated. Bills that pass the Senate are sent to the House
Conference committee resolves any differences between
House and Senate Bill
Resolved bill is voted on in the Senate
If approved, sent to the President

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If the President vetoes the bill then it is returned to the Congress, where they may override the veto by a two-thirds vote in each house.

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Standing
– A permanent committee that deals with specific policy matters (agriculture, energy…)
Select
– A temporary committee appointed for a specific purpose
(Senate Watergate Committee)
Joint
– Made up of members of both Houses (Joint Committee on the Library of Congress)
Conference
– A temporary committee of members from both Houses, created to resolve differences in the House and Senate versions of the bill

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Informal groups formed by members of
Congress who share a common purpose of goals
– Congressional Black Caucus
– Women’s Caucus
– Democratic or Republican Caucus

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Policymaker
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Representative
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Constituent servant
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Committee member
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Politician/Party member

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Incumbency Effect: the tendency for office holders to easily get reelected
– Name recognition
– Credit claiming (bringing positive results to the district or state)
– Casework for constituents (helped constituents solve problems)
– More visible to constituents
– Media exposure
– Fundraising abilities
– Experience in campaigning
– Voting record

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Legislative Powers
– Expressed powers: Powers specifically granted to
Congress, mostly found in Article I, Section 8 of the Constitution
– Implied powers: powers which may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18,
“necessary and proper”
– Limitations of powers: power denied Congress in
Article I, Section 9 and the 10 th Amendment

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Non-Legislative Powers
Electoral powers: selection of the President by the House and
Vice-President by the Senate upon the failure of the electoral college to achieve a majority vote
Amendment powers: Congress may propose amendments by
2/3 votes of each house
Impeachment:
– House may bring charges, or impeach, the President, Vie-President, or any civil officer by a simple majority
– Senate holds the trial and acts as a jury with a 2/3 vote needed to find guilt
Executive powers of the Senate:
– Must approve appointees by the Executive Branch by a simple majority
– Must approve treaties by a 2/3 vote
Investigation/oversight powers: investigate matters falling within the range of its legislative authority

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Caucuses: may form voting blocs
Committee system
Filibuster or Cloture: in the Senate only, unlimited debate in an attempt to stall action on a bill; cloture is the method by 60 votes to end a filibuster
Pork barrel legislation: an attempt to provide funds and projects for a member’s home state or district
Logrolling: an attempt by members to gain support of other members in return for their support on the member’s legislation

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Riders: additions to legislation which generally have no connection to the legislation
Amendments: additions or changes to the legislation which deal specifically with the legislation
Lobbying: trying to influence members of Congress to support or reject legislation
Conference committee: may affect the wording and therefore intent of the legislation
Legislative veto: the rejection of a presidential or executive branch action by one or both houses of
Congress, used mostly between 1932-1980.
– Declared unconstitutional in the 1983 case, Immigration and
Naturalization Service v. Chada

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Constituents
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Other lawmakers and staff
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Party influences
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President
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Lobbyists and interest groups

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Article II of the Constitution establishes the many responsibilities and functions of the President
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Term and Tenure
– 4 year term
– 2 terms (10 year max) 22 nd Amendment

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Formal Qualifications
– Natural born citizen
– At least 35 years old
– Resident of the US 14 years prior to election
Informal, many presidential candidates share several characteristics
– Political or military experience
– Political acceptability
– Married
– White male
– Protestant
– Northern European ancestry

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The Constitution provides that if the
President can no longer serve in office the
Vice-President will carry out the powers and duties of the office
25 th Amendment
– The Vice-President becomes President if the office of the president becomes vacant
– The President will nominate a new Vice-
President, with approval of a majority from both houses of Congress

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The Constitution gives the House of
Representatives the authority to bring charges against the President or Vice-
President for “Treason, Bribery, or other
High Crimes and Misdemeanors.”
Once charges are brought the Senate holds the trial. The Chief Justice of the
Supreme Court presides over the trial
Conviction requires a 2/3 vote

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12 th Amendment
– An electoral college elects the President and Vice-President
– Each state chooses the number of electors equal to its number of members in the House of Representatives and
Senate.
– In December, after the general election, the electors meet in their state capital to cast their ballots for president and vicepresident.
– The electoral college then sends its ballots to the President of the US Senate where they are opened before a joint session of Congress
– To win a candidate needs a majority (270)
– If a majority is not reached the House votes on the top 3 candidates for President and the Senate votes on the top 2 candidates for Vice-President

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Presides over the Senate, casting tiebreaking votes
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Help determine presidential disability under the 25 th Amendment and take over presidency if necessary
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Has the same formal qualifications as the
President

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Executive powers
– Enforces laws, treaties, and court decisions
– Issues executive orders to carry out policies
– Appoints officials, removes officials
– Assumes emergency powers
– Presides over cabinet and executive branch
Military powers
– Serves as commander in chief
– Has final decision making authority in matters of national and domestic defense
– Provides for domestic order

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Legislative Powers
– Gives annual State of the Union message
– Issues annual budget and economic reports
– Signs or vetoes bills
– Proposes and influences legislation
– Calls for special sessions of Congress
Diplomatic Powers
– Appoints ambassadors and other diplomats
– Negotiates treaties and executive agreements
– Meets with foreign leaders
– Accords diplomatic recognition to foreign governments
– Receives foreign dignitaries

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Judicial Powers
– Appoints members of the federal judiciary
– Grants reprieves, pardons, and amnesty
Party Powers
– Leader of the party
– Chooses vice presidential nominee
– Strengthens the party by helping members get elected (coattails)
– Appoints party members to government positions (patronage)
– Influences policies and platform of party

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Congressional Checks
– Override presidential veto
– Power of the purse
– Power of impeachment
– Approval powers over appointees
– Legislation limiting the president’s power (War Powers Act)
Judicial Checks
– Judicial review of executive action
Political checks
– Public opinion
– Media attention
– popularity

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A systematic way of organizing a complex and large administrative structure.
– Hierarchical authority: similar to a pyramid with the top having authority over those below
– Job specialization: each worker has defined duties and responsibilities, a division of labor among workers
– Formal rules: established regulations and procedures which must be followed

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Beginnings: standards for office included qualifications and political acceptability
Spoils system: practice of giving offices and government favors to political supporters and friends
Reform movement: competitive exams were tried and failed due to inadequate funding from Congress
Pendleton Act: Civil Service Act of 1883, replaced the spoils system with a merit system
Hatch Act of 1939: prohibits government employees from engaging in political activities while on duty
Civil Service Reform Act of 1978: created the office of
Personnel Management to recruit, train, and establish classifications and salaries for federal employed

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The federal bureaucracy is divided into four basic types
– Cabinet departments (15 executive departments)
– Independent executive departments (NASA,
Small Business Administration)
– Independent regulatory agencies (Securities and Exchange Commission, Federal Reserve
Board)
– Government corporations (Tennessee Valley
Authority, US Postal Service)

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Executive influences: appointing the right people, issuing executive orders, affecting the agency’s budget
Congressional influences: influencing appointments, affecting the agency’s budget, holding hearings, rewriting legislation
Iron triangles: alliances between bureaucratic agencies, congressional committees, and interest groups

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White House Office
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National Security Council
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Office of Management and Budget
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Office of Faith Based and Community
Initiatives
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Office of National Drug Control Policy
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Office of Policy Development
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Council of economic Advisors
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Office of US trade Representative

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State
Treasury
Defense
Interior
Justice
Agriculture
Commerce
Labor
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Health and Human
Services
Housing and Urban
Development
Transportation
Energy
Education
Veterans affairs
Homeland Security

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The US has a dual court system of courtsa federal court system and the court system of the 50 states
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Article III of the Constitution states that there shall be a Supreme Court and that
Congress may establish a system of inferior courts

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Original jurisdiction
– Lower courts have the authority to hear cases for the first time.
 District Court conducts trials, evidence is presented, and juries determine the outcome of the case
 Supreme Court has original jurisdiction in cases involving representatives of a foreign government, and certain types of cases where a state is a party
Appellate jurisdiction
– Courts that hear reviews or appeals of decisions from the lower courts
 Court of Appeals
 Supreme Court

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District Courts
– Created by the Congress in the Judiciary Act of 1789.
– There are 94 District Courts
– Decide civil and criminal cases
Court of Appeals
– Created by Congress in 1891
– There are 13 US Court of Appeals
– Decide appeals from the District Courts
Supreme Court
– Created by Article III of the Constitution
– Most of its cases are appeals from the US Court of Appeals and State Supreme Courts
– Has original and appellate jurisdiction

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The President appoints all federal judges with confirmation from the US Senate
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There are no formal qualifications
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Serve a life term
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Federal judges may be removed through impeachment

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Presidents only make appointments to the
Supreme Court if a vacancy occurs during their term of office
When making appointments, Presidents often consider:
– Party affiliation
– Judicial philosophy
– Race, gender, religion, region
– Judicial experience
– Political ideology
– Acceptability

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The term of the Supreme Court begins on the first Monday in October and generally lasts until June or July of the following year.

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Cases that are accepted must pass the rule of
four: four of the nine justices must agree to hear the case.
– Writ of certiorari: an order by the court directing the lower court to send up the records of a case for review
– Certificate: a lower court may ask the Supreme
Court about a rule of law or procedures in specific cases

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Once a case reaches the Supreme Court, lawyers for each party to the case file a written brief
– Written briefs include: detailed statements of the facts of the case supported by relevant facts and citations from previous cases
Interested parties may be invited to submit amicus briefs (friends of the court) supporting or rejecting arguments of the case
Oral arguments allow both sides 30 minutes to present their positions to the justices

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Once the Supreme Court has made a decision in a case, the decision is explained in a written statement
– Majority opinion: a majority of the justices agree on the decision and its reasons
– Concurring opinion: a justice who agrees with the majority opinion but not the reasoning behind the decision
– Dissenting opinion: a justice or justices who disagree with the majority opinion
Majority opinions become precedent in deciding future cases

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Holds that the court should play an active role in determining national policies
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The philosophy advocates applying the
Constitution to social and political questions

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Holds that the court should avoid taking the initiative on social and political questions.
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Operating strictly within the limits of the
Constitution

Politics and Public Policymaking
5%-15%

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Recognizing an issue as a problem which must be addressed as a part of the political agenda.
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Problems are brought to the political agenda by:
– Citizens
– Interest groups
– The Media
– Government Entities

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Formation: finding ways to solve the problems
Adoption: adopting a plan of action to solve the problem; may require legislation
Implementation: executing the plan of action by appropriate agency or agencies

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Analysis of policy and its impact upon the problem
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Judging the effectiveness of policy

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Crime Prevention: FBI, DEA, & ATF
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Education: States run education but since the creation of the Department of
Education (1979) the Fed has used grants and vouchers as influence
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Energy: The study of alternative and renewable sources of fuel. Regulates nuclear waste.

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Health Care: Medicare (elderly),
Medicaid (poor), CDC, VA,
FDA
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Social Welfare: Social Security, Housing
Programs,unemployment benefits

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Raising Revenue: income tax, cooperate tax, estate tax, customs
Government Spending
– Discretionary Spending
 Defense, Education, Student Loans, Scientific
Research, Environmental Clean-up, Law Enforcement,
Disaster Aid, Foreign Aid
– Nondiscretionary Spending
 Interest of the national debt, social welfare programs

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Federal Budget: Proposed each year
(fiscal year is October 1 through September 30)
– Proposals
 Each federal agency must submit a budget request to the Office of Management and Budget.
 The President submits a budget proposal to
Congress based on the OMB
 The Congress proposes its own budget based on the advise of the Congressional Budget Office

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The budget must be passed by Congress and signed by the President by September
15.
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Failure to pass a budget could lead to the federal government to shut down.

Civil Liberties and Civil Rights
5%-15%

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Constitution
– Writ of habeas corpus: you must be brought before the court and informed of charges against you
– No bills of attainder: you cannot be punished without a trial
– No ex post facto laws: laws applied to acts committed before the laws’ passage are unconstitutional
– Trial by jury

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Bill of Rights
– Freedom of religion, speech, press, petition, and assembly
– No unreasonable search and seizure
– Protections against self-incrimination and double jeopardy
– Protections in criminal procedures

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14 th Amendment
– Provided for the expansion of the Bill of
Rights to the states and local governments
– Incorporation
Legislation
– Laws that set limits or boundaries on one person’s rights over another person
Courts
– Judicial review

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Congress cannot:
– Establish a national religion
– Favor one religion over another
– Tax citizens to support any one religion

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Please know the following Supreme Court cases
– Engle v. Vitale
– Abington Township v. Schempp
– Lemon v. Kurtzman
– Minersville v. Gobitus
– West Virginia v. Barnette
– Wallace v. Jaffree

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Guarantees the right to practice any religion or no religion at all
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Know these cases
– Reynolds v. United States
– Wisconsin v. Yoder
– Oregon v. Smith
– Church of the Lukumi Babalu Aye v. City of
Hialeah

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Pure Speech: the most common form of speech, verbal speech
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Symbolic Speech: using actions or symbols to convey an idea
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Speech Plus: verbal and symbolic speech used together

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Know these cases
– Abrams v. United States
– Schenck v. United States
– Gitlow v. New York
– Tinker v. Des Moines
– Texas v. Johnson
– Reno v. ACLU

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Know these cases
– Near v. Minnesota
– New York Times v. Sullivan
– New York Times v. United States
– Hustler v. Falwell
– Hazelwood School District v. Kuhlmeier

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The government is allowed to set limits on assembly to protect the rights and safety of others
– Dejonge v. Oregon

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The due process clause of the 5 th and 14 th
Amendments provide for the protection of private property by guaranteeing :life, liberty, or property, without due process of the law”

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Substantive due process
– Involves the policies of government or the subject matter of the laws, determining whether the law is fair or if it violates constitutional protections
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Procedural due process
– The method of government action or how the law is carried out, according to established rules and procedures

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The Constitution makes no mention of a
“right to privacy,” however the Supreme
Court has interpreted several rights that may fall under the category of privacy
– Griswold v. Connecticut
– Roe v. Wade


Know these cases
– Wolf v. Colorado
– Mapp v. Ohio
– TLO v. New Jersey
– Weeks v. United States
– Katz v. United States


Know this case
– Miranda v. Arizona


Know these cases
– Powell v. Alabama
– Gideon v. Wainwright


Know these cases
– Furman v. Georgia
– Gregg v. Georgia


Are the positive acts of government, designed to prevent discrimination and provide equality before the law

The Equal Protection Clause of the 14 th
Amendment prevents the states from discriminating against citizens.


13 th Amendment abolished slavery

14 th Amendment defined citizenship and provided due process and equal protection

15 th Amendment provided that all males
21 and older could vote

24 th Amendment outlawed the poll tax in federal elections





Black codes: state laws passed to keep freed slaves out of politics (literacy test, poll tax, registration tests)
Civil Rights Act of 1876: outlawed racial segregation in public places
Jim Crow Laws: created segregation in schools, public transportation, and hotels
: separate but equal facilities are constitutional


Executive Order 8802: Franklin Roosevelt banned racial discrimination in the federal government


Executive Order 9981: Harry Truman ordered the desegregation of the military
: overturned
separate but equal is unconstitutional


Civil Rights Act of 1964: prohibited discrimination in employment and in places of public accommodations

Voting Rights Act of 1965: outlawed discriminatory tests in voter registration


19 th Amendment gave women the right to vote

Equal Pay Act of 1963: made it illegal to base a person’s pay on their gender, race, religion, or national origin

Equal Employment Opportunity Act of
1972 prohibited gender discrimination in hiring, firing, promotions, and pay


The Rehabilitation Act of 1973 prohibited discrimination against people with disabilities in federal programs

The Americans with Disabilities Act of
1990forbids employers from discriminating against people with disabilities



A policy designed to correct the effects of past discrimination.
(1978): the court ruled that affirmative action was constitutional but that Bakke had been denied equal protection because the university used race as the sole criteria for admissions