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American Government and Politics

AP Class Project 2012

Hannah McCarley

on 10 March 2013

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Transcript of American Government and Politics

American Government
& Politics 4 Theories of Power Divine Right: Ruler chosen by higher power
ie) Monarchy Evolutionary: Most natural form of government
(family unit format)
ie) Native American Tribes Social Contract: The right to rule is grated by the consent of the people
ie) Republic Force: Power to rule is taken by, and held by force
ie) Dictatorship Early American Colonists Colonists came to America: 1. To enhance their fortunes
2. To gain new opportunities (laborers)
3. Freedom from religious persecution The Reformation: Europe 1517 -- resulted in the founding of several new Protestant sects (Lutheranism, Calvinism, etc.) Puritans rejected the role of the Church of England and were persecuted by the English Monarchy In 1620, the Pilgrims (see above) left for Virginia on the Mayflower Early Ideas About
Government Social Contract Theory Belief that people are free and equal by natural right, and that this requires that all people must give CONSENT to be governed Thomas Hobbs wrote Leviathan (1651) humanity is in a natural state of war and government is necessary to maintain order John Locke Contrasted Hobbs by arguing that government's primary role is to protect private property Second Treatise on Civil Government (1689) &
Essay Concerning Human Understanding (1690) Documents which Inspired the Declaration of Independence Mayflower Compact = document written by Pilgrims while at sea, enumerating the scope of their government and its expectations of citizens

Leviathan = written by Hobbs, stated that it was necessary to restrain human violence and argued the need for rules. People must give up certain rights to government …government must intrude on rights to control society

Second Treatise on Civil Government (1689) and Essay Concerning Human Understanding (1690) = written by Locke ...denied divine rights to govern… everyone was equal …. strong legislative as opposed to executive

Spirit of the Laws = 1749 Charles- Louis … best form of government is one that best fits character of people… checks of power

Social Contract = Jean Jacques Rousseau… argued that feeling not reason is what draws people to community life… basic rights come from society not state of nature

Magna Carta and Petition of Rights Early Religious Tradition in the Colonies Later were founded for religious not commercial reasons ie) Plymouth In Plymouth there was a strict code of authority and obedience and importance of individualism Challenges:

1631 Roger Williams = extreme separation from Church of England… believed that puritans went too far when then punished those who broke code. These were considered ”heretical views” and he was banished and founded Providence

Anne Hutchinson = progressive views on importance of religious tolerance and equality of women… banished and settled in Portsmouth Growth of Tolerance Later colonies established w/ religious tolerance in mind
Maryland = catholic colony 1632
Pennsylvania = “holy experiment” 1981 very diverse Becoming Americans Government structures in the colonies varied

The Virginia House of Burgesses (1619) was the first representative assembly in North America

In contrast: in the Massachusetts Bay Colony all church members were permitted to participate in town meetings (This is DIRECT vs. INDIRECT (rep) Democracy) Power of Self-Government and growing independence resulted in tension with British rule!!! Types of Government Democracy A Republic is a government rooted in the consent
of the governed . It is either DIRECT or INDIRECT Direct Democracy: members of the polity meet to discuss all policy decisions and then agree to abide by majority rule Indirect Democracy: gives citizens opportunity to vote for
representatives who work on their behalf America is an Indirect Democracy since representatives are elected from each state. The size of the country and mass population make a Direct Democracy impossible. (Republic) Monarchy = power is vested in hereditary kings and queens who govern in the interest of all An example of a Monarchy is England Totalitarianism = power is in leader who rules according to self-interest and without regard for individual rights and liberties example: Hitler in Nazi Germany Oligarchy = form of government in which the right to participate is
conditioned on possession of wealth, social status,
military position, or achievement example: Iraq Liberty and Equality Most important characteristics in American government. The Constitution was written to ensure life and liberty…

concepts of personal liberty have changed from the original "freedom FROM government" to what is now "freedom to ENGAGE in government". protest is a form of active engaging in government Popular Sovereignty, Majority Rule,
Natural Law & Popular Consent Popular Sovereignty: = notion that the ultimate authority in society rests
with the people Majority Rule: premise of direct democracy in which only policies that gain support of majority of voters will be made into law Natural Law: = doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood by reason Religious Freedom Clashes within the colonies led Framers to agree that a new nation had to be founded on notions of religious freedom
(tolerance is an ideal that is not always practiced) Functions of the
American Government 1. Establishing Justice people live by a common set of principles… federal judicial system 2. Insuring Domestic Tranquility Department of Homeland Security,
local police forces,
national guards, etc. Providing for the Common Defense = Constitution calls for the president to be commander in chief of the armed forces, and Congress is given the authority to raise an army Promoting General Welfare more of a ideal than a mandate
… health care debate Secure the Blessings of Liberty = free to criticize government and petition Demographics Within America Racial and Ethnic Composition Immigration = constantly altering demographics … Hispanics growing at fastest rate…
Congress has yet to represent the true diversity that is America Aging * Average age increases…
* Changing patterns in fertility, life expectancy, and immigration…
* Aging nation = costly demands (social security, medicare) Religious Beliefs New political roots (Jews, Buddhists, Hindus, and Muslims) = different political and social demands Regional Growth and Expansion Different regions have different cultures (North/South)
Immigration patterns shift as well as political demands (ie: more immigration in urban areas) Family and Family Size In past gender roles were clearly defined..
Large families were more common
The “traditional household” is becoming less common…
More single parents, single people, smaller families, work patterns, etc Political Ideology Coherent set of values and beliefs about the purpose and scope of gov’t held by groups and individuals
How people view the world Ideological Labels = gov’t is best that governs least, and that big gov’t should not infringe in individual, personal, and economic rights Conservative Social Conservative traditional moral teachings should be
supported and furthered by the gov’t Liberal = one who favors gov’t involvement in economy and in provision of social services and who takes an activist role in protecting the rights of women, the elderly, minorities, and the environment Moderate = relatively centrist or middle-of-the-road
view on most issues Libertarian = believes in limited gov’t and no gov’t
interference in personal liberties Problems with
Ideological Labels people who may call themselves one thing often take a different stance on particular issues (being socially liberal but economically conservative) Trade and Taxation Mercantilism = economic theory designed to increase a nation’s wealth through the development of commercial industry and a favorable balance of trade … justifies Britain’s control in import/export of colonies Sugar Act 1764 = placed tax on sugar, wine, coffee, etc. colonists resented tax Stamp Act 1765 = tax places on all paper goods..major protest occurred … colonists feared that act would establish a precedent for the British Parliament to use the colonies as a source of revenue w/o the approval of colonial governments ..."no taxation without representation" First Steps Toward Independence Stamp Act Congress = meeting of reps of 9/13 held in NYC 1765… drafted doc to send to king listing how rights had been violated Committees of Correspondence = organizations in each of the colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against British First Continental Congress Meeting held in Philadelphia from Sep. 5 to Oct. 26 1774, in which 56 delegates (all ex. GA) adopted a resolution in opposition to the Coercive Acts Second Continental Congress Meeting that convened in Philadelphia May 10, 1775, at which it was decided that an army should be raised and George Washington of VA was named commander in chief The Declaration of Independence Doc. Drafted by Thomas Jefferson in 1776 that proclaimed the right of American colonies to separate from Great Britain .... (had John Locke influences) Articles of Confederation Problems with the Articles Shay’s Rebellion Writing the Constitution The Virginia and New Jersey Plans VIRGINIA NEW JERSEY The Great Compromise 3/5 Compromise Federalism Separation of Powers Checks and Balances Article I-VII Full Faith and Credit Clause The Federalist Papers Formal Methods of Amending Ratifying the Constitution The 27 Amendments The Bill of Rights Amendment # 1 Amendment # 2 Amendment # 3 Amendment # 4 Amendment # 5 Amendment # 6 Amendment # 7 Amendment # 8 Amendment # 9 Amendment # 10 Informal Methods of Amending the Constitution Roots of the Federal System Federal System System of government where national government and sate governments share power and derive authority from people Confederation type of government where the national government derives its powers from the states; a league of independent states Unitary System system of government where the local and regional governments derive all authority from a stray national government Powers Under the Constitution Coin Money
Conduct foreign relations
Provide for Army and Navy
Declare War
**Necessary and Proper Clause
Right to raise revenue Supremacy Clause The National government is supreme in situations of conflict between states and national government final part of the Bill of Rights-- defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or the people Reserved Powers Powers reserved to the states by the 10th amendment that lie at the foundation of a states right to legislate for public health and morals of its citizens Concurrent Powers powers shared by the national and state governments National Powers State Powers Ability to legislate for public health, safety, and morals of citizens Powers Denied Under the Constitution Bill of Attainder law declaring an act illegal without judicial rule ex post facto law law that makes an act punishable as a crime even if the action was legal at the time it was committed Interstate Relations Full Faith and Credit Clause ensures judicial decrees and contracts made in one state will be binding and enforceable in any other states Privileges and Immunities Clause guarantees that the citizens of each state are afforded the same rights as citizens of all other states Extradition Clause requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial Interstate Compacts contracts between states that carry the force of law; generally now used as a tool to address multi-state policy concerns McCulloch v. Maryland Gibbons v. Ogden Barron v. Baltimore The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Supremacy Clause. This paved the way for later rulings upholding federal powers The Supreme Court upheld the broad congressional power to regulate commerce. The court's broad interpretation of the Constitution's Commerce Clause paved the way for later rulings upholding federal power The Supreme Court ruled that the due process of the 5th amendment did not apply to the actions of the states. This decision limited the Bill of Rights to the actions of Congress alone. Duel Federalism The belief that having separate and equal powerful levels of government is the nest arrangement Often called LAYER CAKE Federalism 1800's Dred Scott v. Sandford (1857) The Supreme Court concluded that Congress lacked the authority to bar slavery in the territories. This decision narrowed the scope of national power, while it enhanced that of the states. Nullification the purported right of a state to declare void a federal law * 1798 Alien and Sedition Acts
*1828 "Tariff of Abominations"
*nullification used to justify Southern States' resistance to actions against slavery 16th Amendment authorized Congress to enact a national income tax 17th Amendment made Senators directly elected by the people, removing their selection from state legislators Cooperative Federalism the intertwined relationship between the national, state, and local governments that began with the New Deal 1933 also known as MARBLE CAKE Federalism New Deal program of "relief, recovery, reform" began by FDR in 1933 to bring the US out of the Great Depression Categorical Grants Grant that allocated federal funds to states for a SPECIFIC purpose New Federalism Federal State relationship proposed by Reagan administration during the 1980's ; hallmark is returning administration powers to the state governments Block Grant large grant given to a state by the federal government with only GENERAL spending guidelines The Devolution Revolution debate on the role of government ... the top priority was to scale back the federal government

*Unfunded Mandates Reform Act of 1995 Unfunded Mandates National laws that direct state or local governments to comply with federal rules or regulations (clear air/water) but contain little or no federal funding The Reform Act made it so these mandated could not be imposed without a debate on how to fund them Federalism Under the Bush
Administration promised follow in tradition of Reagan (power to states) Factors such as a struggling economy, terrorist attacks, and a costly war created large federal and state deficits The Bush Administration's support of the preemption law reflected a new era Preemption A concept that allows the national government to override state or local actions in certain areas Judicial Federalism Supreme Court decisions determine parameters of federalism When presidents appoint roles they appoint people who mirror their ideals on the powers of government (state v. federal power) Progressive Federalism Movement that gives state officials significant leeway in acting on issues normally considered national in scope, such as the environment and consumer protection The Congress Reasons for a
Bicameral Legislature This is a system that appeased everyone involved in the Great Compromise Also... it is a system that allows for CHECKS & BALANCES Differences between the
House and Senate House Senate 435 members (based on pop.)
2 year term
stricter rules
less media
less distribution of power
more partisan
(ex. of special power = can start
impeachment process) 100 members (2 per state)
6 year term
fewer rules
more coverage
less partisan
(ex. of special power = putting on the trial of impeachments) Gerrymandering Supreme Court Limitation on Gerrymandering process of setting electoral districts to achieve a political advantage over a particular party "Courts have developed redistricting principles that favor compact, contiguous election districts that respect already existing municipal boundaries" ALTHOUGH the Supreme Court does not have anything to specifically protect against it... Congressional Elections Incumbency: Holding an office: can be an advantage over opponents They are already known to the public, have no trouble with funding, have experience, and gain extra media time How Congress is Organized The House of Representatives Each state is represented by population
(435 members with 2 year terms)

*Initiates all revenue bills
*Initiates impeachment procedures
*More centralized and more formal
*Members Highly Specialized Senate Each state receives equal representation
100 voting members with 6 year terms

*"advice and consent" on many appointments
*less centralized and less formal (no rules committee)
*more personal ... power distributed more evenly
*works more on foreign policy
*more difficult to pass legislation The Committee System Standing Committee proposed bills are referred; continues from one Congress to the next Joint Committee Standing Committee that includes members from both houses .. .setup to conduct investigations or special studies Conference Committee Special joint committee created to reconcile differences in bills passed by houses Select (or special) Committee temp. committee appointed for specific purpose House Rules Committee Controlled by the Speaker of the House Purpose = set guidelines for floor debate closed rules: strict
open rules: less strict House Ways and Means Committee Power over all revenue-raising measures (tax, tariffs, etc.) Members on this committee can NOT serve on any other committee Committee Chairs and the Seniority System Chairs have power to call meetings, schedule hearings, hire staff, select subcommittee chairs, etc. Traditionally Chair is chosen by majority member with most experience on committee The Legislative Process Out of the approx. 5000 bills introduced each year, only 2.5% are made into laws Creating Bills 1. Come up with a good idea for a bill. 2. Gain support for your bill to increase its chances of being passed. 3. Research your issue 4. Develop an outline 5. Elaborate issues with different sections 6. Present bill to Congress Committee Action Committees Can: Kill the Bill
Change the Bill
Endorse the Bill Most Bills DIE in Committee Floor Action House Action Senate Action The bill is debated, and ultimately a vote is taken by the whole House

(LIMITED debate time) The Senate allows UNLIMITED debate... this means that, unlike the House, a bill may be filibustered and not come to a vote Conference Action If the Houses pass DIFFERENT versions of the bill then a CONFERENCE Committee will compromise and come up with a unified version After this process then the new bill will return to each chamber for a vote Oversight Methods of Oversight: Setting guidelines for new agencies

Holding hearings and conducting investigations

Using Budget control

Reorganizing an agency

Evaluating programs Foreign Policy Action Appointments Other Powers and
Roles of Congress Power Checks Presidential Qualifications and Terms of Office (NOTE) These terms also apply to the Vice President
*Natural Born Citizen
*at least 30 years old
* Resident of the US for at least 14 years

The term for office is 4 years
-22nd Amendment limits President to two 4 year terms Executive Power The president enforces the provisions of federal laws and administers a vast federal bureaucracy that spends more than $3 trillion a year and includes 2.7 million employees! Executive Privilege An implied presidential power that allows the president to refuse to disclose information regarding confidential or national security to Congress or the judiciary Appointment Power The president has the power to appoint all of the following top-ranking officers of the federal government: *Cabinet Members and their aids
*The heads of independent agencies
*Ambassadors and other diplomats
*All federal judges, U.S. marshals, and attorneys These appointments are all subject to conformation by a majority of the Senate (Senatorial Courtesy) Removal Power Presidents have the power to dismiss most of the officials he or she appoints

It is important to note that the president cannot dismiss federal judges or commissioners of independent regulatory agencies The Cabinet Cabinet includes 14 executive department heads and the attorney general. These 15 executive departments employ nearly 2/3 of the federal gov't civilian employees.

Members often have % loyalties - their loyalty to the president can be undermined by their loyalty to their own dept. The Executive Office of the President
(OMB, NSC, CEA) Office of Management and Budget largest office w/in Exec office of Pres. -- staff of over 500 The National Security Council composed of principle foreign and military advisers (inclused VP, Secretary of State, Sec of Treasury, Sec of Defence, etc.) Function is to assist Pres. on policies Council of Economic Advisers CEA = group of 3 leading economists who advise the president on economic policy ... prepares annual Economic Report of the President The White House Staff Includes key aids (chief of staff / press secretary)
Chief of Staff= highest ranking member of EOP supervises staff/ manages flow of ppl/info into Oval Office

White House Staff must be personally loyal to the President
President can appoint/dismiss members of this staff w/o Senate approval

Staff primary responsibility is to provide President w/ policy options/ analysis Legislative Powers Constitution does not actually call the President the Chief Legislature Constitution DOES give the President the following powers: * Pres. required to give a State of the Union address
*Pres. can bring issues to the attention of Congress
*Pres. can veto congressional legislation Presidents use power to set policy agendas ... initiates much major legislation The Veto Power The President Can: *sign bill into law
*veto bill then Congress may override w/ 2/3 vote in ea chamber
*wait 10 days... if Congress still in session than bill = law w/o signature
*pocket veto (see about) and if Congress adjourns then bill dies threat of veto is often used to prompt changes to bill The Line-Item Veto The president must accept or reject entire bill (cannot veto part)

Many State Governors DO have this power
1996 = Line-Item Veto Act = president power to strike individual items BUT 2 years later this veto became unconstitutional Working With Congress Presidents prefer to establish a cooperative bipartisan relationship w/ congress
Pres. Use Following Strategies to influence Congress: * Assigning liaisons from EOP to lobby
*Working w/ both majority & minority leaders
*using media and high approval ratings
Offering concessions and pork Divided Government % gov't occurs when the presidency and Congress are controlled by different parties.. also occurs when chambers of Congress are controlled by different parties Consequences:
partisanship = more difficult for moderates
slowed legislative process (gridlock)
contributed to decline of public trust in gov't Constitutional Powers Formal: * power to deploy troops
* appointment of all ambassadors (w/approval)
* negotiating treaties (need ratification)
* power to recognize nations
* receives ambassadors etc. Informal: * negotiation of executive agreements w/ heads of foreign gov'ts
* global leader
* manager of international crisis
* access to confidential info that is not available to Congress The Role of Chief Diplomat this power is derived from powers delegated in the Constitution... Congress normally defers to Pres. in foreign affairs Pres. can extend diplomatic relations to foreign gov'ts and terminate relations w. other nations Pres. has sole power to negotiate treaties w/ other nations Presidents rely more and more on executive agreements rather than formal treaties Role of Commander in Chief Constitution makes the President the chief of the armed forces however Congress has the power to declare war. The president's commitment to troops into battle has generated controversy between the executive and legislative branches Granting Reprieves & Pardons President has power to grant reprieves and pardons

Reprieve = postponement of execution of sentence

Pardon = legal forgiveness of a crime Importance of Public Support Public support is critical to presidential success

"Everything here is built on the idea that the President's success depends on grassroots support" - Reagan aid Approval Levels *Gallop poll The following factors INCREASE presidential approval ratings * "honeymoon" periods @ beginning of administration
* Positive media coverage
* Foreign policy success
* "rally round the flag"
* Strong economic growth and low unemployment The following factors DECREASE presidential approval ratings * Scandals
* gap between expectations and performance
* wars that go badly
* Weak economic growth and high unemployment The President and The Media Media plays a key role in influencing how the public views the president'

The media can be successful to promote and set the policy agenda The following factors give the president and advantage over Congress in gaining media attention: * representation of entire nation
* leader of the "free world"
*more powerful than anyone in Congress
*The president speaks with a single voice as opposed to the 535 members of Congress Key Features of a Bureaucracy 1. Hierarchical authority - a chain of command in which authority follows from the top down

2. Job specialization - ea employee has defined duties and responsibilities

3. Formal rules - all employees must follow established procedures and regulations The Spoils System Andrew Jackson awarded federal posts to party loyalists "to the victor belong the spoils" The Civil Service The Pendleton Act (1883) created federal civil service .. workers are selected according to merit, not party loyalty The Office of Personal Management (OPM) Administers civil service laws and regulations
Is in charge of hiring for most federal agencies Federal and State Employees Federal gov't employees currently account for 3% of all civilian jobs

* the # of employees has remained constant since 1950
* the # of state and local gov't employees has steadily increased since 1950
* Block grants have contributed to the gap between # of federal and state employees
* Federal mandated have also shifted responsibility to states The Cabinet Departments 15 departments all 15 heads are chosen by the president & approved by the Senate Cabinet secretaries often develop a strong loyalty to their dept. .. result is that they are often not close to presidential advisers The Independent Regulatory Agencies Created to protect public by regulating key sectors of the economy * Interstate Commerce Commission (ICC)
* Securities and Exchange Commission (SEC)
* National Labor Relations Board (NLRB)
* Federal Reserve Board (FRB) led by small commissions appointed by president and confirmed by Senate Government Corporations provide a service that could be provided by private sector

Best Known:
Corporation for Public Broadcasting
Tennessee Valley Authority
U.S. Postal Service Independent Executive Agencies include most of the non-cabinet departments

National Science Foundation
EPA Regulation Regulation = use of governmental authority to control or change practices in the private sector Government has the right to regulate businesses (Munn v. Illinois 1887) Appointments Presidents have the power to appoint senior agency heads and subheads

The president's power is limited ... Senate has the power to approve appointments ... Executive Orders directive, order, or regulation issued by the president

Executive orders are based on constitutional or statutory authority and have the force of law Economic Powers The president may use the Office of Management and Budget to cut or add to agency's budget

*Congress has the sole power to appropriate funds to an agency Divided Authority both the president and congress have authority over the federal bureaucracy This divided system creates checks and balances Oversight congress has the responsibility to exercise legislative oversight over the federal bureaucracy following the methods to oversee federal bureaucracy * budget control
*holding hearings
* reorganizing agency
*spreading out responsibilities Iron Triangles alliance among an administrative agency, and interest group, and a congressional committee

each provides key services, information, and policy

Iron Triangles are so pervasive and powerful that they are often called sungovernments Issue Networks includes policy experts, media pundits, congressional staffs, and interest groups who regularly debate an issue.

president often fills agency positions with ppl from an issue network who support hos or her views Advesarial System 2 advocates represent their parties' position before an impartial group (judge etc) who then makes a decision Jurisdiction Original: court hears case @ trial level

Appellate: court hears only an appeal from trial court

Exclusive: heard by only certain courts

Concurrent: cases heard in federal and state courts District Courts ability of court to hear case currently 94 district courts (every state has at least one)

Handles about 80% of the case load

Most cases end on plea bargain (about 2% end in trial) Passive Federal Judges are restrained by constitution to deciding Actual cases not Hypothetical

this makes the judicial branch passive since they do not take initiative Courts of Appeals Authorized to review district court decisions Courts of Appeals do not hold trials Marbury v. Madison
This case strengthened the power of the Federal Gov't by establishing JUDICIAL REVIEW

aka: the power of the Supreme Court to declare legislation invalid if it violates the Constitution Nomination to the Supreme Court Competence, Ideology, and other factors such as race, gender, ethnicity... (diversity), are taken into consideration for nomination. if a president nominating a supreme court judge is conservative, then the nominees are most likely to be conservative as well Confirmation The Senate Judiciary Committee holds public hearing on each nominee Interest groups play an influential rule Each nominee has an extensive background check Cases of Original Jurisdiction Supreme Court exorcises original jurisdiction in cases involving 2 or more states, the US and a state gov't, Us and foreign ambassadors Writ of Certiorari Enables the Supreme Court to
control their own case load Rule of four For a case to be heard on appeal at least four of the judges must agree to hear the case The Solicitor General 4th ranking member of the Dept. of Justice Influential upon which cases the Supreme Court actually hears Filing Briefs Each side is required to file a brief -- a written statement arguing one side of a case

Amicus Curaie can be filed by interested parties who want to influence the court's decisions Oral Arguments Open to the public

Attorney's are allowed 30 min to present their case Discussion and Voting the justices discuss each case in a closed meeting held on Friday

Chief Justice presides over meeting Types of Opinions Majority: "opinion of the court"

Concurring: supports majority opinion but with different legal reasons

Minority (dissenting): POV that disagrees with the majority opinion Stare Decisis "let the decision stand" Precedent from past cases help make the Supreme Court decisions uniform, predictable, and efficient Judicial Restraint argument that the Supreme Court should use precedent and "original intent" to make decisions Judicial Activism argument that the Supreme Court should correct injustices
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