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1st Amendment

Protects the freedoms of speech, religion, press, assembly, and petition.

Often tested in cases about civil liberties and symbolic speech. Basis for separation of church and state and expression rights (e.g., Engel v. Vitale, Tinker v. Des Moines, Schenck v. U.S.).

2nd Amendment

Grants the right to keep and bear arms.

Frequently debated regarding gun regulation and individual vs. collective rights (McDonald v. Chicago).

3rd Amendment

Prohibits the forced quartering of soldiers in private homes during peacetime.

Rarely tested, but reflects concerns over military power and privacy.

4th Amendment

Protects against unreasonable searches and seizures and requires probable cause for warrants.

Forms the basis of privacy rights and search protections (Mapp v. Ohio).

5th Amendment

Protects against self-incrimination, double jeopardy, and guarantees due process and just compensation for eminent domain.

Central in Miranda v. Arizona and the idea of “pleading the Fifth.”

6th Amendment

Guarantees a speedy and public trial, an impartial jury, the right to counsel, and the ability to confront witnesses in criminal cases.

Important in Gideon v. Wainwright for the right to an attorney.

7th Amendment

Provides the right to a jury trial in civil cases involving more than $20.

Less emphasized in AP Gov but supports fair legal processes.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Often debated in relation to the death penalty and prison conditions.

9th Amendment

States that rights not listed in the Constitution are still protected.

Supports implied rights like privacy, which are foundational to cases like Griswold v. Connecticut and Roe v. Wade.

10th Amendment

Says powers not given to the federal government are reserved to the states or the people.

Crucial for understanding federalism and state vs. national power debates.

11th Amendment

Limits the ability of individuals to sue states in federal court.

Less common in AP Gov, but supports state sovereignty.

12th Amendment

Requires separate Electoral College votes for President and Vice President.

Added to prevent election ties/confusion, like in 1800.

13th Amendment

Abolishes slavery and involuntary servitude, except as punishment for a crime.

First of the Reconstruction Amendments.

14th Amendment

Grants citizenship to all people born or naturalized in the U.S. and guarantees due process and equal protection under the law.

HUGE in AP Gov—used for selective incorporation of the Bill of Rights and in civil rights cases like Brown v. Board.

15th Amendment

Prohibits voting discrimination based on race or previous servitude.

Key for understanding the expansion of voting rights, especially during Reconstruction and the Civil Rights Movement.

16th Amendment

Gives Congress the power to collect income taxes.

Expanded federal government’s role in economic policy.

17th Amendment

Establishes the direct election of U.S. Senators by the people instead of state legislatures.

Promotes greater democratic participation.

18th Amendment

Bans the manufacture, sale, and transport of alcoholic beverages (Prohibition).

Later repealed by the 21st Amendment.

19th Amendment

Grants women the right to vote.

Major step in expanding democratic rights and equality.

20th Amendment

Shortens the “lame duck” period between presidential election and inauguration (moved to January 20).

Improves efficiency in government transition.

21st Amendment

Repeals the 18th Amendment, ending Prohibition.

Shows how amendments can reverse earlier ones.

22nd Amendment

Limits the president to two elected terms.

Enacted after FDR served four terms—protects against executive overreach.

23rd Amendment

Gives residents of Washington, D.C. the right to vote in presidential elections with three electoral votes.

Increases representation.

24th Amendment

Bans poll taxes in federal elections.

Protects against voter suppression, especially targeting poor and Black voters.

25th Amendment

Clarifies presidential succession and procedures for dealing with presidential disability.

Used in cases of death, resignation, or incapacitation.

26th Amendment

Lowers the voting age to 18.

Prompted by the Vietnam War—“old enough to fight, old enough to vote.”

27th Amendment

Prevents Congress from giving itself pay raises during the same term.

Rarely tested but promotes accountability.

Marbury v. Madison (1803)

Facts: William Marbury sued for his commission as a justice, which had been signed but not delivered by the new administration.

Issue: Does the Supreme Court have the power to force the executive branch to deliver commissions, and is part of the Judiciary Act of 1789 constitutional?

Decision & Reasoning: The Court ruled Marbury had a right to the commission, but the section of the Judiciary Act that gave the Court power to issue writs of mandamus was unconstitutional.

Constitutional Principles: Judicial review, separation of powers

Impact Today: Established the Court’s power of judicial review—its ability to declare laws unconstitutional.

McCulloch v. Maryland (1819)

Facts: Maryland tried to tax the Second Bank of the United States.

Issue: Can Congress create a national bank? Can a state tax it?

Decision & Reasoning: Congress can create a bank (implied powers), and states can’t tax it (supremacy clause).

Constitutional Principles: Necessary and Proper Clause, Supremacy Clause

Impact Today: Strengthened federal power and expanded implied powers.

Schenck v. United States (1919)

Facts: Charles Schenck was arrested for distributing anti-draft leaflets during WWI.

Issue: Does the First Amendment protect speech that opposes the draft?

Decision & Reasoning: Speech creating a “clear and present danger” is not protected under the First Amendment.

Constitutional Principles: First Amendment – Free Speech

Impact Today: Set limits on free speech, especially during wartime (later softened by Brandenburg v. Ohio).

Brown v. Board of Education (1954)

Facts: Black students were denied admission to white public schools.

Issue: Does segregation in public education violate the Equal Protection Clause?

Decision & Reasoning: Yes, separate is inherently unequal. Segregation harms children’s development.

Constitutional Principles: Equal Protection Clause (14th Amendment)

Impact Today: Ended school segregation, major victory for Civil Rights Movement.

• Overturned Plessy v. Ferguson (1896), ruling that separate is inherently unequal in public education.

Engel v. Vitale (1962)

Facts: A public school in New York led students in a voluntary prayer.

Issue: Does state-sponsored prayer in schools violate the Establishment Clause?

Decision & Reasoning: Yes, even voluntary prayer violates the Constitution by promoting religion.

Constitutional Principles: Establishment Clause (1st Amendment)

Impact Today: Banned school-led prayer and reinforced church-state separation.

Baker v. Carr (1962)

Facts: Tennessee hadn’t redrawn legislative districts in decades, ignoring population shifts.

Issue: Can federal courts rule on state redistricting cases?

Decision & Reasoning: Yes, courts can intervene in redistricting if rights are violated.

Constitutional Principles: Equal Protection Clause (14th Amendment)

Impact Today: Opened the door for courts to review gerrymandering and set up “one person, one vote.”

Gideon v. Wainwright (1963)

Facts: Gideon was denied a lawyer because Florida only provided them in capital cases.

Issue: Does the 6th Amendment right to counsel apply to state cases?

Decision & Reasoning: Yes, the right to a lawyer is fundamental and must be provided by states.

Constitutional Principles: 6th Amendment, selective incorporation via the 14th Amendment

Impact Today: Guarantees legal representation to all accused in criminal cases.

Tinker v. Des Moines (1969)

Facts: Students wore black armbands to protest the Vietnam War and were suspended.

Issue: Do students have free speech rights in schools?

Decision & Reasoning: Yes, students don’t shed rights at the schoolhouse gate; symbolic speech is protected.

Constitutional Principles: First Amendment – Free Speech

Impact Today: Schools can’t censor student expression unless it causes disruption.

New York Times Co. v. United States (1971)

Facts: The Nixon administration tried to block the NYT from publishing the Pentagon Papers.

Issue: Can the government prevent publication of classified material?

Decision & Reasoning: No, prior restraint is unconstitutional unless publication causes direct harm.

Constitutional Principles: First Amendment – Freedom of the Press

Impact Today: Reinforces strong protections for the press, even in national security contexts.

Wisconsin v. Yoder (1972)

Facts: Amish parents refused to send children to school past 8th grade for religious reasons.

Issue: Does compulsory schooling violate free exercise of religion?

Decision & Reasoning: Yes, forcing Amish children to attend school violated their religious rights.

Constitutional Principles: Free Exercise Clause (1st Amendment)

Impact Today: Protects religious freedom even against state educational interests.

Shaw v. Reno (1993)

Facts: North Carolina created a majority-Black district that was oddly shaped.

Issue: Can race be the predominant factor in drawing districts?

Decision & Reasoning: No, districts based solely on race are unconstitutional.

Constitutional Principles: Equal Protection Clause (14th Amendment)

Impact Today: Limits racial gerrymandering; race can’t dominate district design.

United States v. Lopez (1995)

Facts: A student brought a gun to school, violating a federal law.

Issue: Can Congress use the Commerce Clause to regulate guns in schools?

Decision & Reasoning: No, guns in schools don’t substantially affect interstate commerce.

Constitutional Principles: Commerce Clause, federalism

Impact Today: Reasserted limits on federal power and preserved state authority.

McDonald v. Chicago (2010)

Facts: Chicago banned handguns; citizens sued.

Issue: Does the 2nd Amendment apply to states?

Decision & Reasoning: Yes, the right to bear arms is fundamental and incorporated to the states.

Constitutional Principles: 2nd Amendment, selective incorporation via 14th Amendment

Impact Today: Expanded gun rights and applied the 2nd Amendment nationwide.

Citizens United v. FEC (2010)

Facts: A group wanted to air a film critical of Hillary Clinton before the 2008 primary.

Issue: Can the government limit political spending by corporations and unions?

Decision & Reasoning: No, political spending is a form of protected speech.

Constitutional Principles: First Amendment – Free Speech

Impact Today: Led to rise of Super PACs and increased money in politics.

Equal Protection Clause

Location: 14th Amendment

What it does: Requires states to treat people equally under the law.

Used in:

• Brown v. Board of Education – ended segregation in schools

• Shaw v. Reno – racial gerrymandering

• Baker v. Carr – one person, one vote
  Why it matters: It’s the foundation of most civil rights cases.

Due Process Clause

Location: 5th Amendment (federal) & 14th Amendment (states)

What it does: Guarantees fair legal procedures before someone can be deprived of life, liberty, or property.

Used in:

• Gideon v. Wainwright – right to a lawyer

• McDonald v. Chicago – incorporated the 2nd Amendment
  Why it matters: Basis of selective incorporation—making the Bill of Rights apply to states. (14th)

Free Exercise Clause

Location: 1st Amendment

What it does: Protects individuals’ right to practice their religion freely.

Used in:

• Wisconsin v. Yoder – protected Amish families
  Why it matters: Limits government interference in religious practices.

Establishment Clause

Location: 1st Amendment

What it does: Prohibits the government from establishing an official religion or favoring one religion over another.

Used in:

• Engel v. Vitale – banned school prayer
  Why it matters: Ensures the separation of church and state.

Commerce Clause

Location: Article I, Section 8

What it does: Gives Congress the power to regulate interstate commerce.

Used in:

• United States v. Lopez – limited its use
  Why it matters: Has been used to justify federal power, but Lopez pushed back on that.

Supremacy Clause

Location: Article VI

What it does: Makes federal law the “supreme law of the land.”

Used in:

• McCulloch v. Maryland – states can’t interfere with federal institutions
  Why it matters: Clarifies that federal authority overrides state law when there’s a conflict.

Necessary and Proper Clause (Elastic Clause)

Location: Article I, Section 8

What it does: Gives Congress power to pass laws needed to carry out its duties.

Used in:

• McCulloch v. Maryland – justified the national bank
  Why it matters: Allows Congress flexibility in lawmaking beyond its explicit powers.

Article I - Constitution

• (Legislative Branch)
  Details the powers and structure of Congress, including the Commerce Clause, the Necessary and Proper Clause, and the powers of taxation and defense.

Article II - Constitution

• (Executive Branch)
  Establishes the presidency and executive powers, including the president’s duties, election, and removal.

Article III - Constitution

• (Judicial Branch)
  Defines the role of the judiciary, including the powers of the Supreme Court.

Article IV - Constitution

• (Relations Among States)
  Outlines how states should interact with each other and how the federal government should interact with states.

Article V - Constitution

• (Amendment Process)
  Provides the process for amending the Constitution.

Article VI - Constitution

• (Supremacy Clause)
  States that the Constitution, along with federal laws and treaties, is the supreme law of the land.

Article VII - Constitution

• (Ratification)
  Details the procedure for ratifying the Constitution.

Bill of Rights (Amendments 1-10) - Constitution

• The first ten amendments that protect individual liberties such as freedom of speech, religion, and the right to a fair trial.

Federalist Papers

These are a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay to support the ratification of the Constitution.

Federalist No. 10 - FP

• Madison discusses the dangers of factions and argues for a large republic to control their effects.

Federalist No. 51 - FP

• Madison explains the need for checks and balances and separation of powers.

Federalist No. 70 - FP

• Hamilton argues for a strong executive, explaining the importance of an energetic president.

Federalist No. 78 - FP

• Hamilton defends the independence of the judiciary and the power of judicial review.

Anti-Federalist Papers

These writings were published by opponents of the Constitution, arguing against a strong central government and for greater state power.

Brutus No. 1 - AFP

• An Anti-Federalist paper arguing that the Constitution would create a central government too powerful, undermining state sovereignty.

Letters from the Federal Farmer

• Another Anti-Federalist series questioning the proposed Constitution’s ability to protect individual rights and advocating for stronger state control.

The Declaration of Independence (1776)

• Written primarily by Thomas Jefferson, it declared the American colonies’ independence from Britain and articulated the philosophical justifications for revolution, focusing on natural rights and the social contract.

• It listed grievances against King George III to show what kind of ruler they didn’t want—one who was tyrannical, ignored laws, dissolved legislatures, and denied fair trials.

• By doing this, they were saying they wanted a leader who respected natural rights, followed laws, worked with representative bodies, and was accountable to the people.

The Articles of Confederation (1781)

• The first constitution of the United States, which was eventually replaced by the current Constitution. It created a weak federal government and lacked the power to tax, regulate trade, or enforce laws, leading to its downfall.

Letter from Birmingham Jail (1963)

• Written by Martin Luther King Jr. during his imprisonment for civil rights protests, it responds to criticisms of his activism and argues for the moral necessity of civil disobedience and the urgency of racial justice.

Civil Rights Act of 1964

• What it does: Bans discrimination based on race, color, religion, sex, or national origin in public places and employment.

• Tied to: Equal Protection Clause of the 14th Amendment; Commerce Clause (used to justify Congress’s authority to pass it).

• Impact today: Huge in desegregating the South; still the foundation for many anti-discrimination laws today.

Voting Rights Act of 1965

• What it does: Bans literacy tests and other barriers to voting; requires federal oversight in areas with a history of discrimination.

• Tied to: 15th Amendment (right to vote regardless of race).

• Impact today: Greatly increased voter turnout and registration among Black Americans; however, parts were struck down in Shelby v. Holder (2013), weakening federal oversight.

Americans with Disabilities Act (1990)

• What it does: Prohibits discrimination based on disability; requires reasonable accommodations in public places.

• Tied to: Equal Protection principles, and Congress’s power under the Commerce Clause.

• Impact today: Greater accessibility and legal protections for people with disabilities.

Title IX of the Education Amendments (1972)

• What it does: Prohibits sex-based discrimination in any federally funded education program or activity.

• Impact today: Transformed women’s access to sports and education opportunities.

Equal Rights Amendment (ERA)

• What it is: A proposed constitutional amendment stating:
  “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

• Goal: To guarantee full legal equality for women under the Constitution.

• First introduced: 1923, passed by Congress in 1972.

• Ratification issue: It needed 38 states to ratify by 1982. Only 35 did by the deadline, so it never officially became part of the Constitution.

Constitutional Principle

• Tied to the Equal Protection Clause of the 14th Amendment.

• Supporters argue the 14th Amendment hasn’t been enough to fully protect gender equality.

Impact Today

• Even though it’s not in the Constitution, the ERA inspired legal and social movements for women’s rights, including legislation like Title IX.

• Some states adopted their own versions of the ERA.

• There’s still debate about whether it can be ratified now that three more states did so after the deadline (Virginia in 2020), but it’s caught up in legal and political battles.

Bipartisan Campaign Reform Act (BCRA) / McCain-Feingold Act (2002)

• What it does: Limited “soft money” contributions to parties and restricted electioneering communications.

• Tied to: 1st Amendment (later challenged in Citizens United v. FEC).

• Impact today: Parts struck down in Citizens United (2010), which expanded corporate spending in elections.

Motor Voter Act (National Voter Registration Act of 1993)

• What it does: Requires states to offer voter registration at the DMV and other public agencies.

• Impact today: Made it easier to register, especially for low-income and young voters.

Help America Vote Act (HAVA) of 2002

• What it does: Passed after the 2000 election; set standards for voting machines and registration databases.

• Impact today: Improved election security and access, though issues with implementation remain.

Federalism

Federalism is a system of government where power is divided between a national (federal) government and state governments.

• Both levels have their own powers, sometimes shared (concurrent), sometimes separate.

• This helps balance power and allows states to be “laboratories of democracy” (try their own policies).

Cooperative Federalism

(“Marble Cake Federalism”)

• Definition: A form of federalism where the national and state governments work together to solve problems and implement policies.

• Time Period: Emerged during the New Deal era (1930s and onward).

• Key Idea: Responsibilities mix together, like marble cake.

Example:

• Education funding: States run schools, but the federal government gives money with conditions (grants-in-aid, like No Child Left Behind).

• Medicaid: Jointly funded by states and the federal government.

Constitutional Principle:

• Related to the Necessary and Proper Clause and Supremacy Clause, which give the federal government flexibility to get involved in state matters.

• Cooperative = Collaboration (Marble Cake – mixed responsibilities)

Dual Federalism

(“Layer Cake Federalism”)

• Definition: A form of federalism where the national and state governments operate in their own separate spheres of influence and rarely overlap.

• Time Period: Mostly seen before the New Deal (pre-1930s).

• Key Idea: Clear boundaries—each level sticks to its lane.

Example:

• The federal government handles foreign policy and military.

• States control education and elections.

Constitutional Basis:

• Emphasizes the 10th Amendment: powers not given to the federal government are reserved for the states.

• Dual = Division (Layer Cake – separate layers)

Racial Gerrymandering - Why was it done?

• After the Voting Rights Act of 1965, the goal was to increase minority representation in Congress.

• So, some districts were drawn to create majority-minority districts (e.g., majority Black or Hispanic).

• But in Shaw v. Reno (1993), the Supreme Court said that race can’t be the primary factor in drawing districts.
  

  • Why they tried it: To help minorities elect candidates of their choice.

  • Court’s concern: It could reinforce racial divisions and violate the Equal Protection Clause (14th Amendment).

Redistricting

The process of redrawing congressional district boundaries every 10 years after the U.S. Census to reflect population changes.

Key facts:

• Districts must have roughly equal populations (”one person, one vote” – Baker v. Carr).

• Usually done by state legislatures, often controlled by the majority political party.

• In some states, independent or bipartisan commissions draw the maps to reduce bias.

• Not inherently unfair—but can be manipulated (see gerrymandering).

Constitutional principle:

• Equal Protection Clause (14th Amendment)

Gerrymandering

when district lines are drawn to benefit a particular political party or group, often reducing fairness and representation.

Types:

• Partisan gerrymandering: Favors one party (often legal).

• Racial gerrymandering: Districts drawn predominantly based on race—unconstitutional if race is the primary factor (Shaw v. Reno).

• Majority-minority districts can be allowed under the Voting Rights Act as long as race isn’t the sole factor.

Who draws the lines?

• Usually politically aligned legislatures, not all parties agreeing together.

Constitutional principle:

• Equal Protection Clause, sometimes conflicts with Voting Rights Act of 1965

Impact of redistricting & gerrymandering:

• Creates “safe seats”, lowering competition.

• Makes elections less competitive and increases partisan polarization.

• Can dilute minority voting power or pack minority voters into one district.

• Reduces accountability—representatives are less responsive to diverse voters.

• Weakens the idea of equal representation.

Key Cases to Know:

• Baker v. Carr: Courts can intervene in redistricting, one person one vote.

• Shaw v. Reno: Racial gerrymandering unconstitutional when race is dominant factor.

House of Representatives

Structure & Terms:

• 435 members, based on state population

• 2-year terms, all seats up every election

• Minimum age: 25

• Elected by districts

Key Powers:

• Initiates tax and spending bills

• Can impeach federal officials

• Picks the President if no candidate wins majority of electoral votes

Leadership & Rules:

• More formal and rule-bound

• Speaker of the House: most powerful leader, sets agenda, controls debate

• Majority Leader: assists Speaker in managing floor

• Minority Leader: leads opposition party

• Whips: track votes, ensure party discipline

• Rules Committee: controls how bills are debated and amended

• Stronger majority rule; minority party has limited power

Political Culture:

• Larger body = more structured

• More partisan

• Easier to pass legislation if majority is united

Senate

Structure & Terms:

• 100 members (2 per state)

• 6-year terms, staggered (1/3 every 2 years)

• Minimum age: 30

• Direct election since 17th Amendment

Key Powers:

• Confirms presidential appointments

• Ratifies treaties (2/3 vote)

• Holds impeachment trials

• Can filibuster to delay or block bills (60 votes needed to end = cloture)

Leadership & Rules:

• Vice President is President of Senate (breaks ties)

• President Pro Tempore: symbolic leader, usually senior majority member

• Majority/Minority Leaders: control legislative flow

• Whips exist but are less powerful than in the House

• More informal and individualistic

• Minority party has more power due to filibuster

Political Culture:

• Designed to be more deliberative and stable

• Traditions respected; slower to act

• Often less partisan in tone (though that’s changing)

Congress

Definition:

• Bicameral legislature created by the Great Compromise

• Combines population-based (House) and equal state-based (Senate) representation

Shared Powers:

• Pass legislation

• Override vetoes (2/3 vote)

• Declare war

• Investigate and conduct oversight hearings

• Power of the purse: control spending

Party Control & Influence:

• Majority party controls committees, agenda, leadership positions

• Minority party has limited control, but more influence in Senate

• Party leadership (esp. Majority Leader/Speaker) shapes legislative priorities

• Whips in both chambers maintain party unity and count votes

Fun Historical Note:

• “Whips” come from British fox hunting—“whip in” = keep the pack together

Important Process Note:

• Both the House and Senate must pass the exact same version of a bill

• If one chamber wants $40K in funding and the other wants $50K, the bill fails until they agree

• They often use a conference committee to negotiate and reconcile differences

• This makes lawmaking slow and difficult, requiring compromis

Committees in Congress

• are specialized groups of members of Congress (either House or Senate) that focus on specific policy areas (e.g., education, defense, finance).

• When a bill is introduced in Congress, it gets assigned to the relevant committee based on its subject matter.

• The committee holds hearings, reviews the bill, and debates it. The committee members can amend the bill, make changes, or even decide not to move forward with it.

Where do most bills die?

“Dying in Committee” means that after the committee considers the bill, it never makes it out of the committee to be debated or voted on by the full House or Senate. This happens for several reasons:

• The committee members may not support the bill or feel it’s not a priority.

• The bill may not have enough bipartisan support to pass out of committee.

• The bill could be too controversial, so it gets put aside or ignored.

If the bill “dies” in committee, it doesn’t get to the floor for a vote by the full House or Senate, and the idea is essentially shelved.

Why is this important?

• It’s a major bottleneck in the legislative process—since bills often get blocked in committee, very few make it all the way to becoming law.

• Committees are designed to be the filtering system—they make sure only the most relevant or popular bills move forward.

So yeah, “dying in committee” means a bill didn’t pass out of committee and won’t go any further in the process unless it somehow gets revived.

Checks and Balances

The U.S. government uses a system of _____ so that no one branch becomes too powerful.

Examples:

• President → Congress:
  

  • Veto: The president can reject a bill passed by Congress.

  • Check on veto: Congress can override with a 2/3 vote in both houses.

• Congress → President:
  

  • Senate confirms presidential appointments (e.g., judges, cabinet).

  • Can impeach and remove the president.

• Congress → Judiciary:
  

  • Can propose constitutional amendments to override judicial decisions.

  • Can change the size of the federal courts.

• Judiciary → Congress & President:
  

  • Can declare laws or executive actions unconstitutional (judicial review, Marbury v. Madison).

• President → Judiciary:
  

  • Appoints federal judges.

20th Amendment – Lame Duck Period

• What it does: Moved the start of the presidential and congressional terms from March to January 20th (President) and January 3rd (Congress).

• Why it matters: Reduces the “lame duck period,” where an outgoing president or Congress has less influence but still holds power.
  

  • Example: A president who lost re-election may push controversial policies or issue executive orders before leaving office.

Executive Orders

• What they are: Formal directives from the president that have the force of law but do not require Congressional approval.

• Used for:
  

  • Enforcing existing laws (e.g., desegregating the military).

  • Responding to emergencies.

  • Shaping policy (e.g., DACA under Obama).

• Limits:
  

  • Can’t violate the Constitution.

  • Can be overturned by future presidents or courts.

• • Executive orders are used when Congress can’t pass legislation on a certain issue or when action is urgently needed.

  • They’re a way for the President to make decisions and take action without needing Congressional approval (but still within the boundaries of the Constitution and law).

  • Executive orders don’t need Congress’s approval, which is why they’re often used when there’s a lack of compromise or when Congress is gridlocked (not able to pass laws or make decisions).

  • However, executive orders are limited in scope. They can be overturned by Congress through legislation or by a future president.

  So, yes, executive orders can be a response to Congressional gridlock, but they also have limitations and aren’t meant to be used as a permanent solution to a problem. They’re more like a tool for immediate action.

Federalist Paper on Separation of Powers and Checks and Balances

• Federalist No. 51 is the one that talks about separation of powers and checks and balances.

• Written by James Madison, it explains how the structure of the government (with separate branches) ensures that no one branch becomes too powerful.

• Madison argues that the system of checks and balances is vital because each branch of government has enough independence to limit the power of the others, but still has enough power to function effectively.

Iron Triangle

• Definition: The connection between a bureaucratic agency, a congressional committee, and a special interest group that work together to influence public policy.

• Explanation: These three groups often work in ways that benefit each other, sometimes at the expense of broader public interests, leading to legislative outcomes that are not always in the public’s best interest.

Issue Network

• Definition: A broader, more complex system of relationships between people, interest groups, and agencies who are involved in particular policy issues.

• Explanation: Unlike the Iron Triangle, an issue network is less formal and includes a larger group of actors (including think tanks, journalists, etc.) who influence decision-making.

Discretionary Authority

• Definition: The ability of bureaucratic agencies to exercise their judgment in the implementation of laws and regulations.

• Explanation: Agencies have discretion to decide how to enforce laws based on factors like resources, public safety, or priorities. They also may choose which issues to focus on or how aggressively to pursue enforcement actions.

Interpretation of Laws

Interpretation of Laws (bureaucrats)

• Definition: The power of bureaucratic agencies to interpret vague laws passed by Congress and apply them to specific situations.

• Explanation: Congress often passes laws with general terms (like “reasonable,” “safe,” or “fair”), and it is up to agencies to interpret these terms to make the laws work in practice. For example, the FCC interprets communication laws to regulate the internet.

Rulemaking Power - Bureaucrats

• Definition: The power of bureaucratic agencies to create regulations that implement laws passed by Congress.

• Explanation: Bureaucrats, within their agencies, are tasked with turning broad laws into detailed rules and regulations that can be enforced. For example, the EPA creates rules to regulate pollution based on the laws Congress passes about the environment.

Constituent

• Definition: The people who live in a particular area and are represented by an elected official.

• Explanation: A constituent is anyone who resides in a legislative district, whether or not they vote or have specific political opinions. Elected officials are expected to represent their constituents’ interests, especially in a democratic system.

Trustee

• Definition: A representative who makes decisions based on their own judgment and expertise, regardless of their constituents’ views.

• Explanation: Trustees believe that they have been elected because of their knowledge and ability to make the right choices, even if those choices don’t reflect the immediate desires of their constituents. This model assumes representatives will make decisions in the best interest of the country or their district.

Delegate

• Definition: A representative who acts according to the wishes of the constituents who elected them.

• Explanation: In the delegate model, elected officials directly represent the views and preferences of their voters, almost like a messenger. They rely heavily on public opinion to guide their decisions.

Politico

• Definition: A member of Congress who blends the delegate and trustee models of representation.

• Explanation: Politicos act as delegates when they follow the wishes of their constituents on some issues, and as trustees when they use their own judgment on others. They aim to balance the interests of their constituents with their own values and expertise.