AP Gov Midterm

Articles of Confederation Weaknesses

Articles of Confederation Weaknesses

1. Had to be unanimous to pass legislation

2. No power to collect taxes

3. No power to raise an army

4. No power to enforce treaties

5. No power to enforce laws

6. Could not regulate interstate commerce

Bill of Rights purpose

Addition to Constitution that protected individual personal liberty and limited the power of the federal government

First 10 amendments

Mandate

Rules that states must follow, whether federal government provides money or not

- Americans with Disabilities Act

Block grant

Money federal government gives states but it is for a broader purpose

- Preferred by states

- Heres $15M for education

Categorical grant

Federal money given to states for a specific purpose

- Preferred by Congress

- Heres $15M but you have to use it on school construction

- 90% of all grants to states

Pluralist democracy

Group-based activism to impact policymaking

- political parties

- interest groups

- work together as a group to promote policy agenda

- Federalist No. 10

- freedom of assemnbly

Elite democracy

Limited citizen participation in politics, small groups of elites have the most of the power

- distrust of the people

- electoral college

- republic (representatives)

Participatory democracy

Emphasizes broad citizen participation and an active role for individuals in politics and civil society

- People should be actively involved in government and influence policy making

- BLM, March for our Lives, protests

- Brutus no. 1

- individual actions of people

- freedom of speech + press, increased suffrage (15,19,26)

Shay's Rebellion

Lack of a centralized military led to a slow response

Showed the weakness of the Articles, caused more people to support new Constitution

Tenth Amendment

Reserves all powers not delegated to the federal or denied to the states, to the states

Reserved powers

Powers not delegated to the federal gov. and are reserved to the states

- Education

- Health

- Welfare

- Licensing

- Police power

Delegated powers

Powers given to the federal government.

- Declare war

- Make treaties

- Coin money

Virginia Plan

Wanted a stronger central gov.

- Bicameral legislature in which both houses are apportion based on pop.

- Larger states receive more rep.

New Jersey Plan

Merely wanted to amend Articles

- Unicameral legislature in which all states are equal houses are apportion based on pop

- Favored small states

Federalism

Division of power between federal, state, and local governments

- shared sovereignty is established by constitution, so it depends on the issue if fed gov. or state is involved

- reduces policy areas the bureaucracy can handle

Separation of powers

Each branch is assigned specific powers

- Congress makes laws

- Executive enforces laws

- Judicial interprets laws

Commerce clause

Congress has the power to regulate interstate commerce

- Intrastate commerce is left to the states to regulate

- Modern interpretation: Congress can regulate anything affecting interstate commerce

Implied powers

Powers of Congress not directly written in the Constitution

Expressed powers

Directly written in the constitution

Bully pulpit

A position of authority that allows the president to speak out and draw attention to any issue

- When Obama chose to highlight inequalities in criminal justice system

State of the Union address

Nationally televised speech delivered to Congress; attempts to gain support for his agenda and put pressure on Congress to work with him on his policy goals

Filibuster

A long speech intended to delay action and prevent a vote

Cloture motion

Vote to end debate on a bill; requires a 3/5 supermajority

- major legislation often can't be voted on in the Senate unless it has 3/5 support to end the filibuster

- neither party controls Senate unless it has 60 members

Discharge petition

forces a bill out of committee by a majority of the whole House

Congressional oversight

Allows Congress to hold investigations; can check President and his ability to make war as well

Stare decisis

"Let the decision stand;"

Court usually prefers to follow precedent

- Judges can rule against past precedent but they usually don't do it unless they feel it is absolutely necessary to do so

Precedent

A past decision that influences future decisions

-Lower courts are guided by SCOTUS precedent

Bureaucratic agencies as policy-makers

The bureaucracy makes policy through implementation, the process of applying general policies to specific cases in order to put legislation or rules into effect.

- Helps w/ the enforcing aspect of the executive branch

Original jurisdiction

The first court to hear a case

Exclusive powers of the president

1. Commander-in-chief (head of the armed forces)

2. Receive ambassadors

3. Grant pardons

4. Call a special session of Congress

5. Deliver a state of the union address

- President can do more w/ foreign policy, NOT domestic.

Judicial activism

The court can and should be free to overrule other branches

- more likely to strike down policies and past rulings

Judicial restraint

Courts should defer to the democratically elected branches whenever possible

- only should use their own power when something is clearly unconstitutional

- more likely to follow precedent

Divided government

Governance divided between the parties, as when one holds the presidency and the other controls one or both houses of Congress.

Earmarks

"Hidden" congressional provisions that direct the federal government to fund specific projects or that exempt specific persons or groups from paying specific federal taxes or fees

Voting Rights Act

law that banned literacy tests and empowered the federal government to oversee voter registration

Miranda Rights

Suspects in custody must be informed of their 5th and 6th amendment rights

- Public safety exception (where is the gun?)

4th amendment

Prohibits unreasonable searches and seizures

- Search is reasonable if search warrant, probable cause, or consent

5th amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th amendment

Right to a speedy and public trial by jury

14th amendment

Empowers the federal government to protect the rights of individuals and groups from states

Selective incorporation

Bill of Rights has been applied to states on a case-by-case basis

Free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Benchmark poll

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

Voter photo ID requirements

Some states require voters to show an official photo ID to be allowed to vote

Arguments for voter photo ID requirements

Emphasize the goal to stop voter fraud & stop casting illegal votes

Arguments against voter photo ID requirements

Prevents people who legally can vote from exercising their right based on the technicality

Tracking poll

A continuous poll to chart changes in opinion over time

- asks the same question every time

- presidential approval

- who are you voting for

- might even contact the same person continuously

Exit poll

Taken as people exit polling places on election day; used to predict outcome, gain insight into voter behavior, and analyze demographic turnout

- helps media organizations predict the outcome before votes have been counted

- which demographic showed up and voted

- what key factors affected voter choice in the election

American political culture

1. Rule of law

2. Free enterprise

3. Limited government

4. Individualism

5. Equality of opportunity

PAC purpose

To raise money in order to support a candidate/cause

Spending money =

free speech

Invisible primary

The period before any votes are cast when candidates compete to win early support from the elite of the party and to create a positive first impression of their leadership skills.

- start making speeches, fundraising, and hiring staff

Electoral college

The people who officially elect president

- win by getting 270 votes to win

- 48 states are winner-take-all

Gerrymandering

Drawing congressional districts in bizarre shapes

- often done to benefit the majority party

Incumbency advantage

The incumbent wins reelection over 90% of the time

- best predictor of who wins congressional elections.

- Strongest in the House

Democrat vs. Republican

Democrat: Tends to be more liberal and promote a strong central government and expansive social programs

Republican: Tends to be more conservative and promote a limited central government and a strong national defense

Caucus vs. primary

A caucus is a system of local gatherings where voters decide which candidate to support and select delegates for nominating conventions.

A primary is a statewide voting process in which voters cast secret ballots for their preferred candidates.

Congressional checks on the bureaucracy/ congressional oversight

1. top agency officials are required to testify in committee hearings (what's going on in the agency? are they implementing policies the way congress intended?)

2. committee reviews, monitors, and supervises the agency

3. checks executive authorization of spending + bureaucratic actions

4. increase/decrease agency budgets (power of the purse)

5. establish & abolish agencies

Presidential checks on the bureaucracy

1. ideological influence affects how bureaucracy carries out the administration's goals

- Trump told EPA to remove pages about climate change from its websites

2. executive orders to direct actions, priorities, and methods of agencies

3. appoint/remove agency heads

Brutus No. 1

Anti-federalist paper written opposing ratification of the proposed Constitution

- Necessary/proper + supremacy clause gives gov. too much power

- Power to tax + raise an army will leave states powerless & lead to tyranny

- Government should be small & weak

Federalist No. 10

Supported ratification of the Constitution and responded to some concerns raised by Brutus No. 1

-A large republic is the best way to control factions and protect minority rights while maintaining majority rule

- Delegating authority to elected representatives, and dividing power between federal and states

Federalist No. 51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

- Checks/balances

- Federalism

- Separation of power

- Popular sovereignty/ consent of the people

Federalist No. 70

Argues in favor of a unitary executive

- Allows for the president to act quickly

- Single president makes it easier to assign blame and hold them accountable

Federalist No. 78

Argued for an independent judiciary (judges aren't subject to pressure), the power of judicial review, and life tenure for federal judges

- Judiciary only has the power of judgment and has to rely on others to enforce decisions; the weakest branch

- Guards constitution from congressional overreach

Articles of Confederation Strengths

1. Declare war

2. Make treaties

3. Appoint military officers

4. Coin money

5. Borrow money

What could states do under Articles?

1. Coin their own money

2. Refuse to recognize treaties

3. Impose tariffs on goods from other states

Why wasn't there a bill of rights originally?

It wasn't necessary since Congress couldn't take away people's rights

States have their own bills of rights

Having of bill of rights makes it more likely that Congress will violate people's rights

Conditions-in-aid/incentives

Requirements states must satisfy to receive the grant

- Reagan said if you raise drinking age to 21 you can get aid

Necessary and Proper clause

Congress can make laws "necessary and proper" for executing the enumerated powers

- basis for implied powers

Equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

PAC v. Super PAC

PACs can contribute $5000 limit to candidates and spend unlimited amounts of money to help candidates with advertising

Super PACS can not contribute any money but can spend unlimited amounts of money to help w/ advertising. This is why corporations can give money to super PACS, as super PACs & corporations both are not allowed to contribute any money directly to candidates

Reasons why Congress has an incumbency advantage

1. Service and assistance provided to voters (they helped some people!)

2. Name recognition and media visibility (yay bernie!)

3. Congressmen can send mail for free (why do I have 30 flyers from Matt Gaetz...)

4. Get most PAC contributions ($$$)

5. Campaign experience + larger staffs

6. Gerrymandered districts are drawn to make stuff less competitive (cheating helps sometimes!)

Tinker v. Des Moines Facts

Students were suspended from public school for wearing black armbands as a symbol to protest the Vietnam war.

Tinker v. Des Moines Holding

Students have free speech rights at school unless the speech interferes with the operation of the school

Tinker v. Des Moines Constitutional Principle

Free speech clause

Schenck v. U.S. Facts

Charles Schenck distributed leaflets opposing the military draft. He was arrested for violating the Espionage Act by attempting to cause insubordination in the military and obstruct recruitment.

Schenck v. U.S. Holding

The Espionage Act was an appropriate exercise of Congress' wartime authority

Schenck v. U.S. Constitutional Principle

1st amendment freedom of speech

McDonald v. Chicago Facts

Residents of Chicago were invariably denied licenses for handguns, creating an effective ban on handguns. D.C. v. Heller (2008) established an individual right to bear arms.

McDonald v. Chicago Holding

The right to bear arms for the purpose of self defense applies to the states

McDonald v. Chicago Constitutional Principle

2nd amendment is incorporated through 14th amendment's due process clause

Marbury v. Madison Facts

William Marbury was appointed as Justice by Adams but didn't receive his commission, so he petitioned the Supreme Court to compel the Secretary of the State to deliver his commission

Marbury v. Madison Holding

Marbury was entitled to his commission, however, the Court was unable to grant it because the relevant portion of the Judiciary Act allowing Marbury to sue conflicted with the Constitution and was therefore null and void.

Marbury v. Madison Constitutional Principle

Judicial review & supremacy clause