AP GOV

Brutus 1

Brutus 1

• PARTICIPATORY democracy

• small republics

  • easier for gov to act upon citizens, people more similar means common ground

• AGAINST elastic and supremacy clause b/c will give gov unlimited power and allow congess to pass any law they want

• fed gov tax is dangerous

• authority is the most important power granted

Federalist 10

• PLURALIST democracy

• large republic

  • controls negative effects of factions, will be more and therefore no majority can rule

• control effects of factions bc preventing them is not realistic

• direct democracy won’t work

elastic/necessary and proper clause

• congress makes laws necessary to carry out expressed powers

• can do things not directly written in the constitution

McCulloch v. Maryland

used elastic clause to establish Federal Bank

supremacy clause

federal law superior to state law when in conflict

commerce clause

congress power to regulate interstate commerce and anything affecting it

10th Amendment

powers not delegated to federal government is given to the states

devolution

powers moving to state level, movement

US v. Lopez

limited Congress use of commerce clause, used 10th Amendment (powers not delegated to fed gov is given to states)

Dual Federalism

no power overlap between the government and the states

Cooperative Federalism

share of responsibilities between the government and the states

categorical grants

• federal money to states for a SPECIFIC purpose

• conditions of aid/incentives

block grants

• more broad

• states PREFER this

funded/unfunded mandates

• MANDATORY

• whether with or without money

federal revenue sharing

• explanatory

• states LOVE this

federal spending - discretionary

• programs not required by law

• military aid spending

• highways, agriculture

federal spending - mandatory

• part of congressional spending, cannot be changed

• Healthcare, Social Security

formal executive powers

• commander army in chief

• appoint officers

• grand pardons for federal spending

• VETO

informal executive powers

• bully pulpit, persuasion

• executive orders

• leader of their party

• signing statements

• police action

Federalist 70

• strong, energetic executive

• unitary state led by president

22nd Amendment

only 2 terms for president

20th Amendment

changes date of inauguration, lessens lame duck period (successor elected but not in power)

Congressional Powers

• make laws, article I

• declare war

• enact legislation

• necessary and proper clause

• coin money

• pass federal budget

• raise revenue

fillibuster

delay action on a bill

divided gov

1 party in White House and al of Congress another

unified gov

same party controls White House and all of Congress

Federalist 78

• judiciary prevents abuse of power from Congress

• reviews actions of other branches

• MAJOR CHECK

Marbury v. Madison

set precedent of judicial review

precedent and stare decises

• using previous cases and rulings to guide in court

• e.g. overtuning Plessy v. Ferguson in Brown v. BOE

judicial activism

courts overrule legislation passed by Congress

judicial restraint

courts let legislation passed by Congress stand

Court Structure

1. SCOTUS, 9 Justices

2. 12 court appeals, Judges

3. District Courts, Jury

Baker v. Carr

• cities growing, refusal of redrawing lines because not responsibility

• lack of representations

• federal courts can hear out state matters

Shaw v. Reno

• Reno: said racial gerrymandering is okay

• Shaw won, has to be on another factor besides race (colorblind)

Rules Committee

• limit debate, after amendments

• committee where work gets done

• most bills die in comittee

Standing Committee

permanent, specific areas

Select Committee

specific purpose, limited time

Conference Committee

between House and Senate when they have 2 versions of bills

Bill Structure

1. anyone in Congress can introduce a bill

2. sent to Standing Committee

3. committee assigns bill to subcommittee, only 3% become laws

4. voted by full chamber, then goes to the other house

   1. house 1st, senate 2nd

5. once passed, president vetoes or signs

Pork Barrel Legislation

• allocation of federal money to local projects or interest groups

• amending a bill to cater a certain interest group or idea

Logrolling

political favors in exchange for money or votes

Cabinet (1)

• loyal to department

• not president

• chosen by president and approved by senate (agency heads)

Independent Executive Agencies (2)

• narrower score than a department, but performs a SERVICE

• no political influence

Government Corporations (3)

government owned businesses created by Congress to serve a public need

Delegated Authority, Bureaucracy

President and Congress can't handle everything, so power delegated to bureacracy

Discretionary Authority, Bureaucracy

the extent to which bureaucracies can choose courses of action and policies that are not spelled out in advance in laws

civil liberties

• guarantees of personal, individual freedoms

• right of privacy

Bill of Rights

• protects individual personal liberty by limiting the federal government

• incorporation

  • now applies to states and limits power of state government

  • based on the 14th amendment due process clause

selectively incorporated

civil liberties have been applied to states on a case by case basis

1st Amendment

• establishment clause

  • Congress shall make no law respecting an establishment of religion

• free exercise clause

  • interest in free exercise of religion outweighs the states interests

• freedom of speech clause

• freedom of the press

Engel v. Vitale (1962)

• states cannot promote prayer in public school, even if voluntary participation

• violates the establishment clause

  • due process of 14th amendment applies to state

• principle of seperation of church and state

Wisconsin v. Yoder (1972)

• compelling Amish students to attend public school

• ruled in favor of Amish to stop school after 8th grade

• violates free exercise clause

Tinker v. Des Moines (1969)

• students wore peace armbands to protest Vietnam war, told not to wear or otherwise suspended

• students have free speech, symbolic speech is a form of protected speech

• free speech clause

  • BUT…speech can be limited if it creates a clear and present danger

    • TIME, PLACE, and MANNER restrictions on 1st amendment free speech

    • unprotected speech includes: slander obscenity, speech intended to incite illegal action and likely to product such result

• hate speech even protected

Schneck v. US (1919)

• Schneck spread papers discouraging people to join the draft

  • violated Espionage Act of 1917

• Congress did not violate 1st amendment because it was an appropriate exercise of Congress’ wartime authority

• speech can be limited if it creates a clear and present danger.

• TIME, PLACE, and MANNER restrictions on 1st amendment free speech

• unprotected speech includes: slander obscenity, speech intended to incite illegal action and likely to product such result

New York Times Co. v. US (1971)

• heavy presumption against censorship

• heard to prove government is right in limiting the press

• couldn't block Pentagon publication

2nd Amendment

individual right to bear arms for self defense

4th Amendment

• provides protection against warrantless searches of cell phone data

• interpreted as providing protection against warrantless searches/seizures

• limitation placed on bulk collection of telecommunication metadata

5th and 6th Amendment

Miranda Rule

• suspects in custody must be informed of the 5th and 6th rights

Public Safety Exception

• if a question is asked to neutralize a dangerous situation and the suspect responds voluntarily, statement can be used even before rights are read

8th Amendment

• death penalty is constitutional, but minors and mentally deficient persons cannot receive it

• no cruel or unusual punishments

14th Amendment

due process clause

• "…nor shall any state deprive any person of life, liberty, or property without due process of law…”

• interpreted that Bill of Rights also can restruct state governments

equal protection clause

• "nor deny to any person within its jurisdiction the equal protection of the laws”

• bases for many social movements as law should apply to them

  • womens rights, LGBTQ+, etc.

McDonald v. Chicago (2010)

• incorporated an individual the right to bear arms, states cannot take that away

• Chicago had previously denied all licenses for handguns (essentially banning) after DC struck down the ban (saying that DC case should apply to Chicago as well)

Gideon v. Wainright (1963)

• Gideon was homeless and wanted a lawyer appointed but judge denied his request because in Florida, only given to capital cases

• incorporated the right to an attorney, specifically now that states had to do so

• 6th amendment said gov had to provide you with 1 but now specifying states

civil rights

protection of groups of people from discrimination, government protections

Letter from Birmingham Jail

demands fulfillment of African Americans of the ideal of the Declaration of Independence and the equal protection clause

Civil Rights Act of 1964

banned discrimination based on race, color, gender, religion, or national origin in public accommodations or employment

Voting Rights Act of 1965

• banned literacy tests and other obstacles to vote

• required states w/ a history of voter discrimination to obtain federal approval for changes to election laws and policies

Women's Rights Movement

• National Organization for Women led the movement in the 60s and 70s

• Equal Pay Act of 1963

• Civil Rights Act of 1964

• Title XI of Educational Amendments of 1972

  • prohibits discrimination on basis of sex in any federally funded education program

Affirmative Action

preferential admissions and hiring policies for minorities, allowed but no quota system, no points awarded for race

individualism

each person is responsibly for herself and free to do what she chooses

equality of opportunity

everyone has opportunity to succeed, but equality of outcome not guaranteed

free-enterprise

market-base economy, people choose what to buy and sell for themselves

rule of law

no person is above the law

limited government

government limited by constitution

political socialization

• process for obtaining political ideology

• family/parents (MOST IMPORTANT), peers, education, media, religion

generational effects

different voting patterns and beliefs of people from different generations

life cycle effects

people focus on different issues at different points in life

globalization

US political culture has both influenced and been influenced by the political values of people from other countries

public opinion polls

general public polls to assess a particular issue

benchmark polls

• used to find out where a candidate stands before any campaigning, learn strengths, weaknesses, what issues to focus on

• BEFORE campaign

tracking polls

continuous polls to track changes in opinion overtime

entrance/exit polls

• conducted on election day as people enter or exit the polling

• used to predict election outcome, to gain insight into voting behavior, and to analyze how different demographics voted

• IN PERSON

making a poll scientifically valid

random sample

• all persons in the population have an equal chance of being selected

stratified/weighted sample

• population is divided into subgroups and weighted based on population demographics

sampling error

• a polling error arising from only using a sample of population

• +- 3% is acceptable

wording of question

• must be neutral, unbiased

• not a leading question

conservative

• less economic regulation

• lowered taxes

• cut government spending on entitlement programs

• increase defense spending, more police, more crime punishment

• government should protect traditional values even if intrudes individual freedoms

• support vouchers to attend private school, including religious ones

• favor social order, security, stability, safety, more important than personal social freedoms and liberties

liberal

• higher economic regulation

• higher taxes on those with higher incomes

• favor government spending on entitlement programs to promote social and economic equality

• decrease defense spending, focus on protecting rights of the accused

• support public education, oppose vouchers, especially those for religious schools

• favor social liberty, private social freedoms

libertarian

• MAXIMUM FREEDOM

• little to no protection beyond property rights

• minimal taxation

• dramatic decrease in government spending, including on entitlement programs

• dramatic reduction in defense spending, decriminalization of victimless crimes and protecting rights of accused

• favor privatization of education, expanded social choice

• favor social liberty, maximum liberty and freedom, even at expense of law and order

Keynesian Economics (fiscal policy)

• more supported by LIBERALS

• government should stimulate the economy during recessions by INCREASING government spending to jumpstart the economy

Supply-Side Economics (fiscal policy)

• more supported by CONSERVATIVES

• government should stimulate the economy during a recession by CUTTING TAXES to encourage businesses to grow and taxpayers to spend more money

free-market economics (fiscal policy)

• more supported by LIBERTARIANS

• government should take NO ACTIONS during a recession, economy will fix itself

fiscal policy

• government tax and spending policies

• conducted by Congress and the president

monetary policy

• conducted by US Federal Reserve (US Central Bank)

• controlling money supply and interest rates to stabilize the economy

• money supply and interest rates are inversely related

  • when interest rates fall, money supply rises

  • when interest rates rise, money supply decreases

    • direct impact on cost of borrowing, loans.

    • when interest rates are higher, it makes it more expensive to borrow, so fewer people will borrow money, meaning less economic activity

to lower unemployment

• LOWER interest rates

• INCREASE money supply

• MORE ECONOMIC ACTIVITY

to lower inflation

• RAISE interest rates

• DECREASE money supply

• LESS ECONOMIC ACTIVITY

15th Amendment

race cannot be a barrier to voting

17th Amendment

direct election of senators

19th Amendment

womens suffrage

24th Amendment

banned poll tax

26th Amendment

voting age to 18 (from 21)

rational choice voting

voting based on what is perceived to be the citizens invidual interest

retrospective voting

voting based on whether the party or candidate in power should be reelected based on the past

prospective voting

voting based on predictions of how a party or candidate will perform in the future