Presentation on theme: "The 9th Great APGOPOHHS Review Session"— Presentation transcript:
1 The 9th Great APGOPOHHS Review Session
2 Game Day: Monday, May 6, 2019 To Do: Arrive at your location by
Hydrate (all week) Get Sleep (all week) Eat a light and healthy breakfast Know where you are going Bring a healthy snack/Water Arrive early No Electronic Devices Bring Several Pencils and Several Blue or Black Pens BRING YOUR STUDENT ID Arrive at your location by @7:25 am
3 Multiple Choice 55 Questions (80 minutes)
Read the question and (every single response) carefully. What is the question asking? Focus! Don’t let one word cause you to miss a question. Use process of elimination. Make an Educated Guess if you must. Study stimulus-based questions carefully. Read carefully. The answer is there! Don’t leave any unanswered. Erase neatly!
4 Free Response Questions
FRQs 4 FRQs (100 minutes) Concept Application (3 points) Quantitative Analysis (3 points) SCOTUS Comparison (3 points) Argument Essay (6 points) Read carefully and respond to all parts of the prompt Make Notes/Outline Return to Prompt frequently Repeat the prompt in your response Respond directly to all action verbs Use the terms on X and Y (Quantitative) Use all of the time Write, write, write… Use the Margins Be neat Know how many points each FRQ is worth and fight for every point! Defend, defend, defend…. RSVP Respond directly to the Prompt! Spacing (part A, B. C, D…) Vanquish Pronouns Don’t use- I, He, They, It, Him, Her, Them… State clearly, the House, Senate, President, Supreme Court, National Government, State Legislature… Don’t write Congress if you mean the House!
5 Free Response Questions
Concept Application:Respond to a political scenario, explaining how it relates to a political principle, institution, process, policy, or behavior Quantitative Analysis:Analyze quantitative data, identify a trend or pattern, draw a conclusion for the visual representation, and explain how it relates to a political principle, institution, process, policy, or behavior SCOTUS Comparison:Compare a nonrequired Supreme Court case with a required Supreme Court case, explaining how information from the required case is relevant to that in the nonrequired one Argument Essay:Develop an argument in the form of an essay, using evidence from one or more required foundational documents
6 Foundational Documents:
Founding Period Federalist Papers Antifederalist Paper Articles of Confederation Declaration of Independence United States Constitution James Madison Federalist No. 10 Federalist No. 51 Alexander Hamilton Federalist No. 70 Federalist No. 78 Brutus No. 1 Civil Rights Letter from Birmingham Jail
7 Required SCOTUS Cases:
14th Amendment 1st Amendment Due Process Gideon/Wainwright (1963) Equal Protection Brown/BOE (1954) Baker/Carr (1962) Shaw/Reno (1993) Expression Speech Schenck/U.S. (1919) Tinker/Des Moines (1969) Press NY Times/U.S. (1971) Religion Establishment Clause Engel/Vitale (1962) Free-Exercise Clause Wisconsin/Yoder (1972) 2nd Amendment McDonald/Chicago (2010) Expansion of National Power Marbury/Madison (1803) McCulloch/Maryland (1819) Right to Privacy Roe/Wade (1973) States Rights Campaign Finance U.S./Lopez (1995) Citizens United/FEC (2010)
8 The Articles of Confederation, 1781
Foundational Document: The Articles of Confederation, 1781 Firm League of Friendship Confederal System States were sovereign
9 Weaknesses of the Articles
Foundational Document: Constitutional Remedies Articles (weaknesses) Articles (strengths) Federal System A Republic Strong National Government Three Branches Bicameral Legislature Equal and Proportional Representation Strong Executive Independent Judiciary Ability to Tax ($) Raise Army (no $) Make Peace Land Ordinance (1785) Northwest Ordinance (1787) Commerce Raising $ One Branch Unicameral 1 Vote Each No Judiciary/Executive 9/13 = Law 13/13 = to Amend Why No Bill of Rights? States had own Limited Government Fear of Forgotten Rights Some Rights Included
10 Declaration of Independence, 1776
Foundational Document: Declaration of Independence, 1776 A Lawyer's Brief Philosophical Grievances Declaration of Break
11 United States Constitution
Foundational Document: Constitutional Remedies 7 Amendments A Separation of Powers Three Branches Federal System A Republic Strong National Government Bicameral Legislature Equal and Proportional Representation Ability to Regulate Commerce Ability to Tax ($) Strong Executive Independent Judiciary Amendment Process Supremacy Clause Ratification by 9/13 State Conventions
12 The Extended Republic Argument (from The Federalist, Number 10)
Foundational Document: The Extended Republic Argument (from The Federalist, Number 10) Liberties will be safer in a large, “extended” nation, where minority ideas and opinions may find allies. The impossibility of teaching virtue leads to the need for allowing factions to check one another. James Madison
13 Federalist #10 Madison/Publius
Foundational Document: Extended Republic Argument Factions will occur/ inevitable Fear of Tyranny of Majority Public Weal Representative Government
14 Brutus #1 Foundational Document: Fear of a strong central government
National government- uncontrollable Wanted small republics Necessary and proper clause POTUS Commander in Chief Judiciary- Lifetime appointment Supremacy Clause and Amendment Process
15 Federalist #51 Madison/Publius
Foundational Document: Men are not angels (nor gals) Those governing are not angels
16 Federalist #51 Madison/Publius
Foundational Document: Double Security Legislative Strength (Divide legislature) Separation of Powers Federalism “ambition will check ambition” Checks and Balances
17 Federalist No. 70 (Hamilton/Publius)
Foundational Document: Federalist No. 70 (Hamilton/Publius) One person may ne more “narrowly” and vigilantly watched and will be more accountable. (HST) Defense against tyranny of majority Anti-Federalists feared that a single executive with such “energy” might be the “fetus of monarchy”. Written in support of ratification. Calls for a Unitary Executive Defends the need for a strong, “energetic POTUS Plural executives will lead to faction and discord.
18 Federalist No. 70 (Hamilton/Publius)
Foundational Document: Federalist No. 70 (Hamilton/Publius) Longer duration of office to make the POTUS accountable to the people. (Stability) “Energy in the executive is the leading character in the definition of good government”.
19 Antifederalist Fears: An Independent Judiciary
The Judiciary lacks accountability (uncontrollable). The Judiciary is far too independent. They will impose their will to disastrous ends.
20 Federalist No. 78 (Hamilton/Publius)
Foundational Document: As a necessary check on the Legislature… “Declare all acts contrary to the manifest tenor of the constitution void.” “The Constitution is the fundamental law and it must fall to the judiciary to ascertain (determine) its meaning.
21 Federalist No. 78 (Hamilton/Publius)
Foundational Document: Federalist No. 78 (Hamilton/Publius) “Natural feebleness” Weakest of the three departments in terms of powers. Tenure in office is a must to resist the “ill humors” that may “lay hold” of the people momentarily to violate the Constitution.
22 “…neither force nor will but only judgment.”
Foundational Document: The “Least Dangerous” Branch “…neither force nor will but only judgment.” -Alexander Hamilton Fed. No. 78
23 Letter from Birmingham Jail
Foundational Document: Letter from Birmingham Jail
24 Direct Action Foundational Document:
25 Letter from Birmingham Jail
Foundational Document: Letter from Birmingham Jail Letter to Sothern Ministers We are here because injustice is here. “Injustice anywhere is a threat to justice everywhere.” We have waited and moved at horse and buggy speed. Direct action. The time is now! Nonviolent Civil Disobedience. “Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.” “Justice too long delayed is justice denied.”
26 Marbury v. Madison (1803) William Marbury
Required SCOTUS Case: Marbury v. Madison, arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution. Judiciary Act of 1801 William Marbury
27 Federalism Required SCOTUS Cases: McCulloch v. Maryland (1819)
Expand Power of the National Government McCulloch v. Maryland (1819) 2nd Bank of the United States Necessary and Proper Clause The Power to tax is the power to destroy Increases power of national government United States v. Lopez (1995) Gun Free School Zones Act (1990) Interstate Commerce (Court said ‘Nah’) States’ Rights victory Limits power of national government States’ Rights Victory, Devolving Power to States
28 Malapportionment is undemocratic.
Required SCOTUS Case: Malapportionment is undemocratic. Baker v. Carr (1962) Until the 1960s, SCOTUS felt that there was too much political and partisan conflict to get involved. Political Question Cases
29 14th Amendment, Equal Protection Clause case
Required SCOTUS Case: 14th Amendment, Equal Protection Clause case Baker v. Carr (1962) Was this a Political Question (to be left to the legislature and the people) or a Justiciable Question (giving the SCOTUS jurisdiction)? Justiciable Question
30 14th Amendment, Equal Protection Clause case
Required SCOTUS Case: 14th Amendment, Equal Protection Clause case Baker v. Carr (1962) SCOTUS- This is a Justiciable Question (we will deal with this formerly political question case, going forward)giving the SCOTUS jurisdiction. (6-2 decision) In later decisions, the Court ruled that malapportionment violated the 14th Amendment’s Equal Protection Clause… one man, one vote. Opinion of the Court
31 14th Amendment, Equal Protection Clause case
Required SCOTUS Case: Shaw v. Reno (1993) Congressional districts may not be drawn solely on the basis of race. (5-4 decision) Redistricting for the purpose of creating majority-minority districts must be narrowly tailored to further a compelling government interest. 14th Amendment, Equal Protection Clause case Race May Be a Factor but Not the Only Factor
32 Shaw v. Reno (1993) Required SCOTUS Case: Shaw v. Reno (1993)
Background: Based on the VR Act (1965) Federal Pre-Clearance mandate, many states had to submit redistricting plans to the U.S. Department of Justice. NC was ordered to create a 2nd majority-minority district Constitutional Principle/Question: Did NC’s 1990 redistricting plan violate the 14th Amendment’s Equal Protection Clause? Does the plan amount to discrimination on the basis of race? Shaw v. Reno (1993) Opinion of the Court/Reasoning: Racial classifications of any sort will lead to judgement based on the color of skin. The drawing of boundaries based solely on race is a violation of the 14th Amendment’s Equal Protection Clause. Enduring Legacy: In a subsequent case, in 2001, the SCOTUS ruled that race can be a factor as long as it was not the “dominant controlling factor”.
33 Required SCOTUS Case: Engel v. Vitale (1962) "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country."
34 Engel v. Vitale (1962) Required SCOTUS Case: 1st Amendment:
Freedom of Religion/Establishment Clause No government official may organize or lead prayer in public school. It is not the business of government to compose prayers.
35 Wisconsin v. Yoder (1972) Amish Children to Quit School in 8th Grade
Required SCOTUS Case: Wisconsin v. Yoder (1972) Amish Children to Quit School in 8th Grade
36 Required SCOTUS Case: Wisconsin v. Yoder (1972) Forcing Amish students to be part of a worldly society and keeping them from living the religious life they have chosen violates their right to freely exercise their faith.
37 Schenck v. the United States (1919)
Required SCOTUS Case: Schenck v. the United States (1919) “Clear and present danger” "Fire"
38 Schenck v. the United States (1919)
Required SCOTUS Case: “The question in every case is whether the words are used in such circ*mstances and are of such a nature as to create a clear and present danger that will bring about the substantive evils that Congress has a right to prevent…” -Justice Oliver Wendell Holmes
39 Required SCOTUS Case: Tinker v. Des Moines (1969)
40 Required SCOTUS Case: Opinion of the Court The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. S’s don’t “check their rights at the schoolhouse gate” Tinker v. Des Moines (1969)
41 3) or an invasion of the rights of others
Required SCOTUS Case: Tinker Standard Schools cannot silence expression simply because they do not like the message. 2) Evidence (not fear) must suggest there will be a substantial disruption of the school environment 3) or an invasion of the rights of others
42 NY Times Co. v. U.S. (1971) Required SCOTUS Case:
43 Required SCOTUS Case: 1st Amendment: Freedom of the Press
NY Times Co. v. U.S. (1971) Required SCOTUS Case: 1st Amendment: Freedom of the Press A Per Curiam Decision, ruling that the government had not satisfied the heavy burden to justify Prior Restraint. Publication of the Pentagon Papers was allowed to continue without Prior Restraint.
44 McDonald v. Chicago (2010) Required SCOTUS Case:
Selective incorporation of the 2nd Amendment’s right to “keep and bear arms”, via the Due Process Clause of the 14th Amendment.
45 Required SCOTUS Case: Gideon v. Wainwright (1963)
46 Gideon v. Wainwright (1963) Required SCOTUS Case:
6thth Amendment/14th Amendment: The Right to Counsel Selectively Incorporated Individuals have the right to an attorney in state and local trials.
47 Required SCOTUS Case: Brown v. B.O.E. (1954)
48 Brown v. B.O.E. (1954) Required SCOTUS Case: 14th Amendment:
Equal Protection Clause The Court overturns Plessy v. Ferguson ruling that separate but equal facilities do not violate the Equal Protection Clause of the 14th Amendment. “Separate but equal is inherently wrong”. “Desegregate schools with all deliberate speed”.
49 Civil Liberties The Right to Privacy
50 Griswold v. Connecticut (1965)
Right to Privacy Penumbras “Shadowy Edges” 1st Amendment 3rd Amendment 4th Amendment 5th Amendment 9th Amendment 14th Amendment (Due Process)
51 Although the Bill of Rights does not explicitly mention "privacy," Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections.
52 Roe v. Wade (1973) Trimesters 1st- up to woman and physician
Required SCOTUS Case: Trimesters 1st- up to woman and physician 2nd- state may safeguard interest of mother 3rd- state may safeguard interest of potential life Viability Established the right for women to choose to have an abortion.
53 Citizens’ United v. FEC (2010)
Required SCOTUS Case:
54 Citizens’ United v. FEC (2010)
Required SCOTUS Case: 1st Amendment: Freedom of the Speech Corporations and Unions, etc. are people in the view of the Court and their right to free speech is no less important. Super-PACs may be formed and spend whatever they wish as long as it is independent advertising.
55 Message is Restricted to Independent Advertising and Issue-Advocacy
PACs Super-PACs Non-Profits May keep donor identity secret May NOT keep donor identity secret $$$ to Candidate Message is Restricted to Independent Advertising and Issue-Advocacy
56 What are Super-PACS? How are these different from PACs?
How are they different from 527s? Explain the difference between hard money, soft money and independent advertising.
57
58 Forms of Representative Democracy
Participatory Democracy Pluralist Democracy Elitist Democracy Political Elite Karl Marx Bourgeoisie Requires Effort and Knowledge New England Town Meeting Initiaytive, Referendum and Recall Many Political Elites Separation of Powers Federalism Diversity Access Points Federalist #10 Factions inevitable Extended Republic Public Weal Better choice of candidate Hyper-pluralism Gridlock
59 Constitutional Compromises
Great Compromise Three-fifths Compromise Commerce Compromises Executive Compromises Slavery Compromises
60 Criticisms of the Electoral College
Faithless Electors Winner-Take-All House Role (1800/ 1824) Popular Vote Winner Loses Election Andrew Jackson Samuel Tilden Grover Cleveland Albert Gore
61 The Amendment Process Proposal Ratification 2/3 Vote 3/4 Vote
Both House and Senate Convention called at request of 2/3 of the States Ratification 3/4 Vote State Legislatures Specially called Conventions in each State
62 Interest Group Tactics
Propaganda Rallying support Class Action Amicus Briefs Literature Direct Lobbying Testifying Donating $ (PAC) Endorsing Socializing
63 Grant in Aid/ Conditions of Aid
Devolution Categorical Block Grants Revenue Sharing (ended in 1986)
64 Unfunded Mandates State/local government must comply with federal rules. Ocean Dumping Ban (1988)/ Clean Air and Clean Water Acts Americans with Disabilities Act (1990)
65 Post September 11, 2001 The role of government, in the areas of military preparedness and national security (and immigration) reexamined. USA Patriot ACT (2001) Foreign Intelligencer Surveillance Act (1978) Restructured post 9-11
66 American Core Beliefs Individualism
Equality of Opportunity (not outcome) Free Enterprise Rule of Law Limited Government
67 Political Socialization
Family Schooling and Information Community Peers Spouse Media/ TV we you age
68 Cleavage in Opinion and Voting in the U.S.
Race Ethnicity Gender Religion Region (religiosity) * Socioeconomic Status (SES)
69 Generation Effects The Silent Generation (pre-1945)
Great Depression/ WWII Baby Boomers ( ) Prosperity/Cold War Generation X ( ) Civil Rights/ Watergate/Vietnam Millennials ( ) September 11, 2001
70 Lifecycle Effects How we change and reprioritize as we age. APGOPO
71 Political Ideology Private Conduct Government OUT Government IN
Appalachia New England Liberal Populist Economy Libertarian Conservative Solid South Government OUT Western States Midwest
72 Political Efficacy
73 Public Opinion Public Opinion –
the collective attitude of the citizens on a given issue or question.
74 Public Opinion Polling- A sample of the population is polled on an issue to gather opinion with a predictable degree of accuracy. Random Sample Tracking Polls Representative Sample Push Polling Sample Size vs. Universe Sample Error
75 Public Opinion Polls can be Misleading
Wording of the question Opinion stability Ignorance of the public Response bias Reliability of Polls
76 Fiscal Policy
77 Fiscal Policy Congress POTUS
Congress and the POTUS control Fiscal Policy through Taxing and Spending policies to control the economy. Congress POTUS
78 Fiscal Policy Keynesian Economics
New Deal FDR Fiscal Policy Keynesian Economics Keynesian Economics “Deficit Spending” Used during the Great Depression to get folks back to work and to create demand. Alphabet Agencies Great Depression
79 Supply-Side Economics
Ronald Reagan Reganomics Fiscal Policy Supply-Side Economics Ronald Reagan- Tax Cuts for the Rich (Reganomics or Trickle-Down Economics) Trickle Down Economics Voodoo Economics
80 Monetary Policy
81 Monetary Policy Federal Reserve
Control the Money Supply, the amount of $ in circulation, to increase or decrease spending/demand. Open Market Operations Raise and Lower Discount Rate/Interest rate Reserve Requirements
82 Expansion of Suffrage 15th Amendment Voting Rights Act of 1965
23rd Amendment 24th Amendment 26th Amendment Voting Rights Act of 1965 Poll taxes Literacy tests White primaries Grandfather Clause
83 Low Voter Turnout in the U.S.
No automatic registration No compulsory voting laws Two-step process (w/ registration) Cost of Registering Amount of elections in the U.S.
84 Non-Voters Young (18-24) Non-white Little education Poor SES
85 Likely Voters Higher levels of education White Older (35+) Married
Church Goers/ Civic Organizations Strong Party Members (D/R)
86 Why is voter turnout low in these United States?
No Automatic Registration Voting is a Two-Step Process Non-Monetary Cost No Compulsory Voting Laws # of Elections in U.S.- 521,000 *We do participate in other ways!
87 Models of Voting Behavior in the U.S.
Rational Choice Voting Prospective Voting Retrospective Voting Party Line Voting
88 Unconventional participation appeals more to those
Unconventional participation appeals more to those * mistrustful of government * who develop a strong sense of political efficacy * who develop a sense of group consciousness
89 Iron Triangles = the close relationship between an agency, a congressional committee, and an interest group that often becomes a mutually advantageous alliance. Issue network = network of people in Washington-based interest groups, on Congressional staffs, in universities & think tanks, & in the mass media who regularly discuss & advocate public policies. Are replacing iron triangles
90 Congressional Committee Bureaucratic Department or Agency
Iron Triangles Congressional Committee Bureaucratic Department or Agency Interest Group
91
92 Issue Network Congressional Committees/ Subcommittees Think Tanks
Lawyers Policy Congressional Staffers Interest Groups Bureaucratic Departments or Agencies Media Universities
93 Types of Primaries Open Primary Closed Primary Blanket Primary
94 Electoral Realignment
Critical Election Party Defeated So Badly It Disappears Defeated So Badly That It Seems It Will Disappear/ Later Reemerges Electoral Realignment Lasting: 1860, 1896, 1932 Dealignment
95 Issues are often crosscutting, dividing both major parties.
Critical Elections An election in which a party is defeated so badly that it disappears or seems that it may disappear. Issues are often crosscutting, dividing both major parties.
96 Electoral Realignment
Voting patterns are changed by some critical issue, event, or leader and remain changed for an extended period of time (perhaps many decades). A major shift in political divisions in the country. This may occur as a result of a critical election or over several election cycles.
97 Political Campaigns (Pre-1968)
Party Controlled Nominating Conventions Smoke-Filled Backrooms Shorter Campaigns Money Less Important Media Played Small Role
98 Political Campaigns (Post-1968)
Candidate Centered Campaign Personal Following Primaries!- Party Becomes Weaker Money is Very Important (FEC) Media is Very Important- Spots, Visuals
99 Changes in Party Organization (1968 – 1972)
Democrats Republicans Fragmented In-Fighting Traditional versus New Democrats Highly Organized Well Funded Computer Mailings Advice and Information
100 Weakening of Political Parties
Pendleton Act (1883)- Civil Service Commission The End of Fraudulent Voting Social Security Act (1935)- AFDC Rise of the Primary Rise of the Candidate-Centered Campaign
101 Weakening of Political Parties
# of I’s increasing, D’s and R’s Decreasing Personal Following Money and the Media Direct Primary Nominating Conventions- pep rallies (Convention Bump) Interest Groups and PACS vs. Party 527s Citizens United v. FEC (2010)
102 Why a Two party System? Single Winner Elections First Past the Post
Winner Take All Plurality to Win Legal- Hard to Get on the Ballot Harder to Raise $$$ D’s/R’s Present a Big Umbrella Traditiooooooooon………Tradition!
103 U.S. Political Parties Two Major Parties (single-winner)
Minor or 3rd Parties Bolter or Factional Economic Protest Ideological Single-Issue Political Machines
104 The Role of Minor Parties
Safety Valve Function Major Parties Incorporate Popular Ideas
105 Congressional Staff Agencies
Congressional Budget Office (CBO) Cost Projections/Budget (vs. OMB) Government Accountability Office (GAO) Watchdog Investigative Congressional Research Service (CRS) Track Legislation Research (LOC)
106 Brownlow Commission (1937) Reorganization Act (1939) (Contained a Legislative Veto)
107 Four Degrees of Propinquity
White House Office Executive Office of the President The Cabinet Independent Executive Agencies and Government Corporations
108 Discretionary spending isspendingthat is subject to the appropriations process, whereby Congress sets a new funding level each fiscal year (which begins October 1st) for programs covered in an appropriations bill. ...Mandatory spendingis simply allspendingthat does not take place through appropriations legislation.
109 Largest Area Largest Area
110 The Modern Presidency (Informal Powers)
The Bully Pulpit Signing Statements Executive Privilege Executive Orders Executive Agreement Congressional Delegation of Power
111 The Bureaucracy A bureaucracy is a large, complex organization composed of appointed officials. There is an emphasis on specialization and following rules. Authority is divided among several managers; no one person is able to make all the decisions.
112 Making Public Policy Setting the Agenda Policy Formulation
Interests groups, POTUS (Bully Pulpit), Media, Events Policy Formulation Iron Triangles/Issue Networks, Authorization, Appropriation, Committee Clearance Policy Implementation Bureaucracy, discretionary authority, quasi-legislative, quasi-judicial Policy Oversight Congress, Media, Interest Groups, POTUS
113 Terms and the Bureaucracy
Discretionary Authority Quasi-Legislative Quasi-Judicial Creation Authorization Appropriation Committee Clearance Formulation Incrementalism Implementation National Performance Review
114 Civil Service Reform Pendleton Act of 1883
Employment on the basis of merit and open, competitive exams Hatch Act of 1939 Civil service employees cannot take an active party in the political management of campaigns
115 Two Masters of each Bureaucratic Agency of Department
Executive Legislative Creation Power of the Purse Approval (Senate) Authorization Appropriation Committee Clearance Oversight Creation Nomination of Officials Executive Agencies (Boss) Ex. Orders
116 Revolving Door Bureaucratic Agency Regulated Industry
117 Bureaucratic Agencies
Creation Nomination/Confirmation Cong. Authorization Cong. Appropriation Committee Clearance Cong. Oversight
118
119 SCOTUS Docket Federal Question Cases Constitution Federal Laws
Treaties Diversity Cases
120 District Court of Appeals
OHIO State Courts Ohio Supreme Court Supreme Court District Court of Appeals Appellate Courts Municipal Court Court of Common Pleas Trial Courts
121 14th Amendment: Due Process Clause and the Equal Protection Clause
122 Selective Incorporation
Due Process Clause Equal Protection Clause Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Brown v. BOE Topeka (1954) Baker v. Carr (1962) Shaw v. Reno (1993)
123 The Lemon Test: Lemon v. Kurtzman (1971)
Government involvement is Constitutional if… 1. Has a secular purpose 2. Neither advances nor inhibits religion 3. Does not foster excessive government entanglement in religion
124 Forms of Speech Pure Speech Speech Plus Symbolic Speech
125 Speech NOT Protected Clear and Present Danger Fighting Words Obscenity
Libel/ Slander
126 “Fundamental Personal Rights”
Gitlow v. New York (1925) Selective Incorporation Fourteenth Amendment “Fundamental Personal Rights”
127 Selective Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.
128 Due Process 4th- Search and Seizure and Search and Arrest Warrant
5th- Against Self-Incrimination and Double Jeopardy 6th- Right to an Attorney, Speedy Trial, Hear Witnesses against you, Change of Venue 8th- Against Excessive Bail and Fine and Cruel and Unusual Punishment
129 The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws."
130 Voting Rights Act of 1965 Outlawed literacy tests
Poll watchers/ Federal examiners Federal Preclearance
131 Civil Rights Act of 1964 Outlawed segregation in places of public accommodation Banned discriminatory employment practices Ended segregation in public places
132 Policy Making Institutions
The POTUS Delegated/Formal Foreign Policy Take Care Clause Veto Commander in Chief Sword Nominations The Congress The Federal Judiciary Domestic Policy Make Laws Commerce Clause Taxing Power Override H/S (2/3) Judicial Review Opinion Writing Policy-Making Remedies The Bureaucracy Inherent/Informal Executive Orders Executive Agreements Signing Statements Discretionary Authority Quasi-Legislative Quasi-Judicial
133 Federalism Conditions of Aid Mandates Categorical Grants Block Grants
Division of Power National Supremacy Clause State 10th Amendment Reserved Powers Diversity of Policy Lowers Cost of Participation Pluralism Dual Federalism Layer cake Cooperative Federalism Marble Cake Fiscal Federalism Categorical Grants Specific Strings attached National Government favors Block Grants General Purpose Devolution States favor No Choice Often unfunded Usually Civil Rights Am’s w/ Dis’s Act Or Environmental Clean Air Act Clean Water Act Ocean Dumping Ban
134 Checks and Balances The POTUS Delegated/Formal The Congress
Take Care Clause Veto Commander in Chief Sword Nominations The Congress S Confirmation (S. Maj.) S Ratify Treaties (2/3) Senatorial Courtesy Make Laws Budget (Purse $) Override H/S (2/3) Declare War H/S (S. Maj.) Impeachment H (S. Maj.) S (2/3) Chief Justice VPOTUS Vacancy (25th Amendment) Oversight of Executive Branch/ Bureaucracy Advice and Consent Inherent/Informal Executive Orders Executive Agreements Executive Privilege Bully Pulpit Signing Statements
135 Checks and Balances The Federal Judiciary The POTUS Judicial Review
Declare Laws Unconstitutional Lopez v. United States (1995) Clinton v. City of New York (1998) Declare Presidential Actions Unconstitutional United States v. Nixon (1974) Delegated/Formal Nominates Federal Judges Inherent/Informal Bully Pulpit
136 Senatorial Courtesy/ Blue Slip
Checks and Balances The Federal Judiciary The Congress Judicial Review Declare Laws Unconstitutional Lopez v. United States (1995) Clinton v. City of New York (1998) Interpret Constitution Brown v. BOE (1954) Gitlow v. NY (1925) Mapp v. Ohio (1961) Engle v. Vitale (1962) Baker v. Carr (1962) Gideon v. Wainwright (1963) Griswold v. Connecticut (1965) Miranda v. AZ (1966) Roe v. Wade (1973) Buckley v. Valeo (1976) Obergefell v. Hodges (2015) Delegated/Formal Create Inferior Courts # of Judges (Inferior Courts) Jurisdiction (Inferior Courts) S Confirmation (S. Maj.) Pass Laws w/ slightly different intent Propose Amendments H/S (2/3) Purse Strings ($) Senatorial Courtesy/ Blue Slip
137 House versus Senate The Senate The House Make own rules Choose leaders
Advice and Consent VPOTUS Senate Majority Leader Saucer Informal Fewer rules6 years 100 members Filibuster Cloture (3/5) Riders and Christmas Tree Bills Unanimous Consent Agreement Make own rules Choose leaders Cup Formal Rules Time limits Germane debate Speaker of the House 2 years 435
138 Committee System Keys Stranding Committees Conference Committee
Real Work is done Most bills die in committee Divide and specialize H- Policy Specialists S- Policy Generalists House- Rules Ways and Means Appropriations Senate- Finance Judiciary Foreign Relations Joint Committee Reconcile Differences Conferees Conference Report
139 Incumbent Advantages Advantages Terms and the Like Hmmmm?
Constituent Services Name Recognition Franking Privilege Raising Money $ Home Visits Credit/ Blame Gerrymandered Districts Pork Barrel Legislation Committee Assignments Sophom*ore Surge Marginal Seat Safe Seat No Term Limits 27th Amendment House and Senate Reelection Rates Congressional Approval versus Congressional Reelection Hate Congress, but Love Our Congressman Wave Election
140 Reapportionment and Redistricting
Congress Decennial Census State Legislatures Size 435 Reapportion Seats Redistricting Gerrymandering Malapportionment Compact and Contiguous Majority-Minority Districts Racial Gerrymandering Descriptive Representation Substantive Representation SCOTUS Baker v. Carr (1962) Wesberry v. Sanders (1964) Shaw v. Reno (1993)
141 The Executive Branch Amendments The Electoral College 12th Amendment
22nd Amendment 23rd Amendment 25th Amendment Indirect Election Same # as H/S members in each state 538 Majority to win (270) House Role Winner-take-all Popular vote winner loses Faithless electors Three Audiences Role of Propinquity
142 Campaign Finance Independent Advertising
Federal Elections Campaign Act McCain-Feingold (2002) Hard $ versus Soft $ Ends Soft $ Individuals- $1K PACS- $5K “I’m Donald Trump and I approve this message.” Loophole- 527s Independent Advertising PACs versus Super- PACs Hard Money versus Super-PACs 527s versus Super- PACs FEC Bipartisan 6 members Hard Money Individuals- $1K PACS- $5K Candidate $50K Buckley v. Valeo (1976) Free Speech FEC Bipartisan 6 members Hard Money Individuals- $1K PACS- $5K Candidate $50K Buckley v. Valeo (1976) Free Speech Hard Money SCOTUS Buckley v. Valeo (1976) Citizens United v. FEC (2010)
143 POTUS versus the Congress
Budget and Impoundment Control Act (1974) Congressional Delegation of Power War Powers Act (1973) Nixon Veto Override 45 Days CBO Budgetary Process Nixon Veto Override 48 Hours 60-90 Days Legislative Veto Gulf of Tonkin Resolution (1964) Delegated Powers POTUS Sword Commander in Chief Congress Purse Strings Declare War
144 Budget Making Process POTUS The Congress
Office of Management and Budget State of the Union Address Deliver Budget to the Congress Bully Pulpit Mandate Argument Budget and Impoundment Control Act (1974) Congressional Budget Office Authorization Annual Fixed Permanent Appropriation Cardinals of Spending Committee Clearance Fiscal Year National Debt Uncontrollable Spending- 70% Discretionary Spending- 30% Standing Committees House- Ways and Means Appropriations Senate- Finance
145 Entitlements New Deal Great Society Cooperative/Fiscal Federalism
Social Security Act (1935) Old Age Pension Unemployment Insurance Blind/Disabled AFDC Categorical Grant Transfer Payments Redistributive Policy Cooperative/Fiscal Federalism Medicare Medicaid Free and Reduced Lunch Head Start Program TANF (1996) Devolution Block Grant
146 The Federal Judiciary Independent Judiciary
Original and appellate jurisdiction SCOTUS Docket Rule of Four Writ of Certiorari Stare Decisis Opinions of the Court Per Curiam Decision Opinion of the Court Concurring Opinion Dissenting Opinion Per Curiam Decision Slip Opinion *Policy-Making Remedy
147 Jurisprudence Originalism Judicial Activism Judicial Restraint
Conservatives Letter of the Law U.S. v. Lopez (1995) Voting Bloc Swing Vote Activism Living Constitution Court of Last Resort Amplify Meaning Griswold v. Connecticut (1965) Voting Bloc
148 The Federal Bureaucracy
Discretionary Authority Quasi-Legislative Quasi-Judicial Direct Lobbying Revolving Door Client-Politics Pork Barrel Legislation Logrolling Reciprocity Iron Triangles Issue Networks Two Bosses Rule of Propinquity WH Staff (EOP) EOP Cabinet Independent Agencies and Government Corporations Executive Orders #9066 Two Bosses Pendleton Act Civil Service commission Patronage versus Merit System Office of Personnel Management Merit Systems Protection Board POTUS Boss Executive Orders Bully Pulpit Congress Authorization Appropriation Committee Clearance Oversight Hearings and Testimony
149 Linkage Institutions Media Interest Groups Elections/ Campaigns
Raise and Frame Issues Gatekeeper Scorekeeper or Horserace Journalism Watchdog Function Direct Lobbying Literature Endorsem*nt PACs Amicus Curiae Briefs Class Action Suits Revolving Door Client-Politics Pork Barrel Legislation Logrolling Reciprocity Iron Triangles Issue Networks Republic Voter Turnout Primaries Open/Closed Caucus Critical Elections Electoral Realignment Personal Following Candidate-Centered Campaign Financing Frontloading Incumbent Advantages Political Parties Two Party System Minor Parties Weakening of Parties
150 Political Socialization
Acquire Political Attitudes and Beliefs Lifelong Process Family Education Religion Gender Race and Ethnicity Region Spouse Occupation TV/Media
151 Public Opinion Public Opinion Public Opinion Polling Flowing River
A Fickle Public Trust has gone down Political Efficacy Random Sample Representative Sample Sample Size Sample Error Distribution of Public Opinion Skewed Distribution Bimodal Distribution Normal Distribution Stable Distribution
153 Suffrage and Political Participation
Expansion of Suffrage Voting is the most common form of participation Those w/ more Education are more-likely to participate 18-24 less-likely to participate Young, poor, non-white less- likely to participate Socioeconomic Status (SES) POTUS Elections- majority participate 15th Amendment Black Codes Grandfather Clause 19th Amendment 24th Amendment 26th Amendment Voting Rights Act (1965) Shelby County v. Holder (2013) Civil Rights Movement Direct Action Unconventional Participation Political efficacy Group consciousness Mistrust of Gov’t Has fallen since 1950s
154 Political Parties Big-Tent Democratic Party Changes Broad Coalitions
Parties versus Interest Groups Weakening of Parties Not cohesive parties across levels of government Party of Everyone Super-Delegates Republican Party Changes Well-financed Well-organized- computer mailings RNC Chair (1975)
155 Two-Party System Persistence of Two-Parties?
Weakening of Political Parties Plurality System Single Member Districts Winner-Take-All Incumbent advantages Tradition Candidate-Centered Campaigns Personal Following Primaries and Caucuses Pendleton Act (1883) Social Security Act (1935) Nominating Conventions Today
156 Nominating Process Pre-1968 Post-1968 Party-Centered
Nominating Conventions Smoke-Filled Backroom Shorter Campaign Season Little Media coverage Less Money Needed Candidate-Centered Campaigns Personal Following Primaries and Caucuses Long Campaign Seasons More Media Coverage Massive Amounts of $$$
157 Landmark Cases Marshall Court Taney Court Warren Court
Marbury v. Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Barron v. Baltimore (1833) Dred Scott v. Sandford (1857) Brown v. BOE (1954) Mapp v. Ohio (1961) Engel v. Vitale (1962) Baker v. Carr (1962) Gideon v. Wainwright (1963) Griswold v. Connecticut (1965) Miranda v. AZ (1966) Tinker v. Des Moines (1969) Rehnquist Court U.S. v. Lopez (1995) Planned Parenthood v. Casey (1992) Bush v. Gore (2000) Roberts Court Miscellaneous Shelby Count v Holder (2013) Obergefell v. Hodges (2015) Plessy v. Ferguson (1896) Roe v. Wade (1973)
158 Civil Liberties 4th Amendment 6th Amendment
Unreasonable Search and Seizure Search Warrant Arrest Warrant Probable Cause Oath of Affirmation Speedy Trial Public Trial Jury of Peers Right to Counsel Right to Hear Witnesses Right to Obtain Witnesses Right to be tried where Crime was Committed Change of Venue 1st Amendment Expression Speech, Press, assembly and Petition Religion Establishment Clause Free-Exercise Clause 5th Amendment Due Process Clause Self-Incrimination Double Jeopardy Eminent Domain 8th Amendment Cruel and Unusual Punishment Excessive Bail and Fines
159 The Fourteenth Amendment
Equal Protection Clause Citizenship Due Process Clause States must guarantee Equality to All Citizens SCOTUS Brown v. BOE (1954) Baker v. Carr (1962) Regents v. Bakke (1978) Obergefell v. Hodges (2015) Overturns Dred Scott Decision Defines Citizenship Jus Soli Jus Sanguinis Selective Incorporation of the Civil Liberties granted by the Bill of Rights One-By-One- States must guarantee Liberties to All Citizens Gitlow v. NY (1925) Mapp. V. OH (1961) Gideon v. Wainwright (1963)
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