AP Gov Midterm

Citizens United v. FEC (2010)

Campaign Finance (First Amendment Free Speech tied to money) - Corporations have a 1st Amendment right to expressly support political candidates for Congress and the White House. BCRA banning soft money and placing limits on political advertising by corporations and unions close to the election is unconstitutional (violating 1st amendment).

---------Citizens United----------

- 1st Amendment (is Freedom of Expression being violated?)

categorical grants vs. block grants

Grants with specific conditions and guidelines (ex. Health Care initiative XY implemented here). INCREASES FEDERAL GOV POWER

grants for broader purpose (ex. Healthcare). INCREASES STATE GOV POWER

shrinking soundbite and media consolidation

Speeches, ads, etc are shortening as a result of a shift in public interest. Current average length is ten seconds. Public doesn't have the time/energy to listen to and process sound bites that are much longer.

can lead to issues of credibility

census

population count (every 10 years)

incumbency advantages

official already holding office.

The person who already holds office is more likely to win again --> HoR has the highest incumbency rate

- Well known

- Already has more money

- seen as presidential

- has staff to help

- Congressional: casework and PAC money as well

Single Issue Groups

groups with narrow interest

tend to dislike compromise

often draw membership from people new to politics

Montesquieu

A French philosopher (wrote The Spirit of the Laws), agreed with Rousseau, thought

• citizens should have most of the power

• there should be three branches of government (executive, legislative, judicial) to prevent abuse of power (separation of powers, checks and balances)

tyranny of the majority

fed. 10 and fed. 51

The tendency in democracies to allow majority rule to neglect the rights and liberties of minorities

Demo Race

white: split r.

African American: d

Asian American: r

Hisp: d but cubans - r

Roles of the Media (gatekeeper, scorekeeper, watchdog)

Gatekeeper - they control what information makes it as news

Scorekeeper - Media reports on polls for elections, candidates are all over the news during election season (called Horse Race Journalism)

Watchdog - Media reports on scandals, major issues, and fact check

Declaration of Independence

- provides philosophical justification for the break from Great Britain

- is a declaration of natural rights - states gov main job is to protect these rights, if it doesn't: change or overthrow

- establishes a foundation of popular sovereignty - "consent of the governed"

Articles of Confederation

Established a gov (confederation) for new independent states (America's first constitution)

- states maintain sovereignty (state legislatures with most of the power, meaning no unity).

- created unicameral congress made up of delegates from the states - could not raise army or tax without consent from 9/13 states - made federal gov weak and ineffective

- could not regulate commerce and led to economic turmoil

- had no real executive to enforce acts of congress and no federal judiciary/court to settle disputes

- shay's rebellion highlighted the lack of a federal militia -----> push for new constitution

Federalist 10 (Madison)

- Argued that factions (political parties/interest groups) were dangerous to a democratic government

- Majority factions would/could vote away the rights of the minority

- Posited that it is impossible to remove the causes of factions, i.e. liberty and diversity, so their effects must be controlled

- Argued that a direct democracy was particularly prone to the violence of factions, i.e. tyranny of the majority, but that a republic could control them - offering a protection for minorities

- Lays out the argument (countering the claims of Brutus No. 1) that a large republic would work better that a small one - there would be more worthy candidates to choose from and less likelihood of any one faction dominating

Federalist 51 (Madison)

- Explains how separation of powers (checks and balances) will keep the federal government under control and prevent the abuse of power

- Argues that each branch will have an incentive to make sure the others do not become tyrannical ("ambition must be made to counteract ambition," i.e. checks and balances)

- Admits that the legislative branch in the new federal government is the most powerful, but explains how bicameralism is a further protection against abuse of power

- Also discusses how the veto will keep the legislative branch under control

Federalist 70 (Hamilton)

- Argues for a single, energetic executive, i.e. the POTUS, who can act swiftly to defend the nation, respond to crisis, and administer the law

- Points out that having multiple executives might protect against the abuse of power by an individual, but would lead to inaction, conflict, and division - energy, or the ability to act decisively/quickly, was vital for the executive

Federalist 78 (Hamilton)

- An independent judiciary

- Argued for the importance of federal judges/justices to have lifetime terms so that they could be insulated from politics and the pressures of public opinion (no need to be reappointed/reelected)

- Pointed out that the judiciary was the least threatening of the branches as it could not control the army ("sword) or budget ("purse") and relied on the executive to enforce its decisions

- The independence of the courts would allow them to put the Constitution first, as the law of the land, and check the constitutionality of the actions of the legislative and executive branches - first argument for judicial review

Brutus 1 (Yates; antifederalist)

- Expressed fears that the new federal government would be able to threaten state sovereignty and abuse its powers

- Argued that the federal constitution (especially the Supremacy Clause) made state constitutions irrelevant or subordinate

- Argued that the U.S. was too large in size and too diverse to be reduced to a single federal government - thought there was no way that it could accurately represent the will of the people or act swiftly enough

U.S. Constitution

- Formal governing document that replaced the Articles of Confederation and addressed its many weaknesses

- Gave the federal government significantly more power, including the creation of a federal executive (POTUS) and judiciary (SCOTUS)

- Created a bicameral legislature (due to the Great Compromise)

- Also established limits to the abuse of power through the principles of popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism

- Anti-Federalists were reluctant to ratify for fear of the loss of state sovereignty and too much concentration of power - their fears were calmed by the Federalist Papers and the agreement to include a Bill of Rights

Marbury v. Madison (1803)

Established Judicial Review

- Article III, Section 2, Clause 2 (power of the Supreme Court)

- Judiciary Act of 1789 (established judicial courts)

McCulloch v. Maryland (1819)

Federalism (expand fedgov power) - the Supreme Court upheld the power of the national government and denied Maryland the right to tax the federal bank, using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

---------McCulloch-----------

- Establishing the bank was legal under the Necessary & Proper Clause (bank is necessary and proper)

- Supremacy Clause (Maryland does not have right to tax federal bank because federal gov > state gov)

U.S. v. Lopez (1995)

Federalism (limit fedgov power) - Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools/pass Gun Free School Zones Act.

---------Lopez----------

- Commerce Clause (can only be used for issues regarding economy; GFSZA is not one of them).

- Necessary & Proper Clause

- Wisconsin v. Yoder (1972)

Baker v. Carr (1962)

14th equal protection (Gerrymandering "One Person, One Vote") - Established the principle of "one person, one vote" and made such patterns of representation illegal. The Court asserted that the federal courts had the right to tell states to reapportion their districts for more equal representation. All votes must be valued the same (rural should not matter more).

1) Federal court can hear gerrymandering cases. (PUNT)

2)Federal courts must rule based off of "one person one vote". Every vote must be valued the same.

--------- Baker ---------

- 14 Amendment (Equal Protection Clause)

- Article III, Section II (should fed. govt. deal with this?)

Shaw v. Reno (1993)

Voting Rights Act (Race in Congressional district lines) - NO sole racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts (were trying to gain more AA representation by drawing maj/min districts)

----------Shaw----------

- 14th Amendment (Equal Protection Clause)

7 Articles of the Constitution

1. Legislative Branch (Congress)

2. Executive Branch (President)

3. Judicial Branch (Supreme Court)

4. State powers: states can make and carry out own laws but must respect and work with other states (full faith and credit clause).

5. Amendment Process: Constitution can be amended, lays out both processes

6. Federal Powers: constitution and and federal laws are superior to state and local laws (supremacy clause)

7. ratification (9/13 states agreement).

# HoR, # Senate

Influence on Electoral College

435 (population), 100 (2 per state)

# HoR per state+ # Senators per state= # electors per state

HoR/President/Senate Terms and Requirements

HoR: 2years

- 25 yo

- citizen for 7 years

- live in state they represent

Senate: 6years

- 30 yo

- citizen for 9 years

- live in state during election

President: 4years

- 35 yo

- natural born citizen

- resident of U.S. for 14 years

How to Amend

Way 1 (more popular):

1. propose amendment with 2/3 both house of congress.

2. ratify amendment with 3/4 of state legislatures.

Way 2 (last convention was the OG):

1. propose amendment 2/3 state legislatures ask Congress to call national convention

2. rAtify amendment with ratifying conventions in ¾ of states

Formal Amendments vs. Informal Amendments

actual amendment process

deliberate change in interpretation of constitution and application (judicial review)

Checks and Balances (L vs. E)

- impeach and remove the president if he breaks the law (impeach in HoR majority, remove in Senate 2/3)

- override president's veto with 2/3 majority (both houses)

- Senate confirms presidential appointments (maj) and ratifies treaties (2/3)

- House of representative controls spending

- Power of congressional oversight

- can hold hearings and investigate executive branch

- declare war

IOSHCoW + hold hearings and investigate(HoR)

---

- President can veto acts of Congress (bills)

- President can call special sessions of Congress

- Can suggest laws and send messages to Congress

Checks and Balances (L vs. J)

- Can impeach and remove federal judges if they break the law (impeach in HoR majority, remove in Senate 2/3)

- Senate confirms appointments of judges (maj) (once confirmed, they serve for life)

- Establish lower courts

- increase/decrease size of supreme court

- propose amendment (change the constitution which the judges rule by)

ISIdEA

---

- Can declare acts of Congress (laws) unconstitutional (Judicial Review)

- Can influence impact of laws through their "interpretation"

Checks and Balances (E vs. J)

- Can grant reprieves and pardons for federal crimes

- President appoints federal judges

---

- Can declare executive acts unconstitutional

- Judges appointed for life, are free of executive control or influence

Constitutional Convention

- Took place in 1787 in philadelphia, pennsylvania

- Point of event was to decide how america would be governed and change the Articles of Confederation -----> led to complete replacement

Shays Rebellion

Rebellion of farmers in western mass

- Protested mortgage foreclosures

- Highlighted need for strong national gov, specifically federal militia (could not raise army w/out consent from 9/13 states)

- Proved weakness of articles of confederation

Connecticut/Great, 3/5, 1808 slavery compromises

Connecticut/Great:

two house congress where HoR is based on population and Senate (upper chamber) is = per state

3/5:

5 slaves = 3 people in terms of congressional representation

1808 slavery:

agreement to not touch the slave trade for 20 years

NJ Plan vs. VA Plan

NJ: = representation per state (small state plan)

VA: bicameral congress, representation based on population (large state plan)

Process of Impeachment

House impaches with majority. Senate removes (holds trial) with 2/3 agreement.

Commerce Clause

Article 1 Section 8

Congress may regulate interstate commerce/trade and trade among foreign nations

Establishment Clause

1st Amendment

The government may not establish a religion

Elastic Clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

Supremacy Clause

Article 6 Section 2

The federal law and constitution are supreme over that of state and local.

Trustee Delegate Politico

representative trusted by people to act in best interests (representative does what they want)

speaker of the people (does what the people want) and follows what public wants for reelection purposes most likely

trustee sometimes delegate other times (ex. John McCain)

Participatory democracy

- Emphasizes broad participation in politics and civil society (individually)

- As many people involved as possible (voting, protests)

pluralist democracy

- Recognizes group-based activism by nongovernmental interests striving for impact on political decision making

- Interests groups made up of like minded people, lobby politicians, attempt to get people to vote for what they want

- more effective as a group (NRA, PETA)

elite democracy

- Emphasizes limited participation in politics and civil society

- Top 1%, wealthy, highly educated

Locke

- English philosopher, wrote many books and essays including The Two Treatises

- Idea that all people recognize "natural law" and in a "state of nature" everyone is completely equal, no one has more power than anyone else and if someone did, others should be able to rebel against it.

Natural Law + Social Contract

Social Contract

The idea that people should give up a few rights in order to be a part of a society that will protect them (and obedient to laws; this is a contract) + wanted the people to mostly run the government with elected officials to follow through with the laws

Anti federalists vs federalists

Antifederalists:

- Opponents of ratification of the Constitution and of a strong central government, wanted stronger state govs (weak national, strong state)

Federalists:

supporters of the Constitution, large national gov, weaker state govs (strong national, weak state)

preamble

intro to constitution

"general welfare"

"domestic tranquility"

continued.

natural rights

unalienable rights endowed by Creator

Locke: life liberty property

Declaration of Independence: life liberty pursuit of happiness

rule of law

law is supreme over ALL positions

Popular Sovereignty

A belief that ultimate power resides in the people.

"consent of the governed"

gov is created and sustained by consent of the ppl

democracy vs. republic

vote on laws by the mass populace vs. rule by representatives chosen by the people.

separation of powers

constitutional division of powers to prevent abuse of power (central gov)

L: make laws

E: execute laws

J: interpret laws

federalism

A system in which power is divided/shared between the national and state governments

Dual federalism vs. cooperative federalism

dual: Power is divided clearly between both the national government and state governments (Often described as a layer cake, clear distinction between the two layers) LIMITS FEDERAL GOV

cooperative: states and the national government share powers(often described as a marble cake, where there is not a clear distinction between the two levels of government) SHARES POWER

enumerated vs. implied powers

Powers that are specifically mentioned in the Constitution given to CONGRESS vs. powers that are not specifically mentioned, but that are necessary (origins in elastic clause)

delegated vs. reserved vs. concurrent powers

Powers specifically given to the federal government by the US Constitution (IN CONS) (dual federalism)

Powers that the Constitution does not give to the national government that are kept by the states (ALLUDED IN 10th AMENDMENT) (dual federalism)

Powers that both state and federal govs have (cooperative federalism)

delegated powers examples

coin money, raise army, tax, regulate commerce, define immigration and naturalization

concurrent powers examples

levy taxes, enforce laws

reserved powers examples

operate schools, marriage and local laws, health and safety, incorporate cities and companies

strict constructionist

jefferson

strict interpretation of constitution and what is physically and literally allows

supporters of ENUMERATED powers

loose constructionist

hamilton

looser interpretation of constitution and allows more IMPLIED powers

Revenue Sharing

federal sharing of a fixed percentage of its revenue with the states

NO purpose/strings (can be for anything)

does not happen anymore

New Federalism (devolution)

The process of giving power back to the states; Reagan (block grants) & Nixon (revenue sharing)

Americans with Disabilities Act

ADA

- Protects people with disabilities from

discrimination

- Mainly helps protect public life

- mandated easy access to all public and commercial buildings.

Mandates

terms set by the national government that states must meet whether or not they accept federal grants (unfunded or funded, still need to do it)

Political Socialization

the process by which people gain their political attitudes and opinions

Factors of Socialization

Family: done subtly/overtime, most young people vote based off of parents

Media: internet leads to issues of credibility but sways people (nightly news age median is 61)

School: promotes nationality, unity, political system, democracy, capitalism, and voting, is financed by government

Political Ideology

the coherent set of values and beliefs about the purpose and scope of government held by groups and individuals

Conservatives vs. Liberals

Conservatives = Less government regulation, traditional, religion, patriotism, smaller scope of gov

Liberals = More government regulation, more accepting beliefs, modernists, larger scope of gov

Current Ideology to Party

Dems: Liberal

Repubs: Conservative

Libertarians

Third Party

A minor party that believes in extremely limited government. They call for a free market system, expanded individual liberties such as drug legalization, and a foreign policy of nonintervention, free trade, and open immigration.

So limited gov that even though on right side, support abortion, gay marriage, and more.

Scientific Polling Criterion

Random sampling

Representative sample (reflect society as a

whole)

Large sample size / low margin of error (>= 100, +/- 3%)

Unbiased wording

framing

the way an issue is posed; how an issue is framed can significantly affect decisions and judgments.

straw polls

informal polls that do not really offer valid data to population as a whole

margin of error

measure of accuracy of public opinion poll

+/- 3% is acceptable MOE

Demo Age

young: d, old: r

Demo Gender

women: d, men: r

Demo Religion

Christian:

catholic: split d, evangelical: r

Jews: d

Demo education

higher education: d, less: r

Demo Businesses/Unions

CEOs/business owners: r, workers and labor unions: d

public opinion

The distribution of individual preferences or evaluations of a given issue, candidate, or institution within a population

Amendments that expanded voting rights (15, 17, 19, 24, 26)

right to vote not determined by race or previous conditions of servitude

allows voters to cast direct votes for US senators

right to vote not based o sex/gender -

poll taxes abolished

18 year olds can vote

Motor Voter Law

can register to vote when you gain/update your license (1993)

law made to increase voter turnout

Voting Models (how do we vote?)

Rational Choice Voting

- Voting based on what is perceived to be in citizens best interest

Retrospective Voting

- Voting to decide whether the party or candidate in power should be reelected based on recent past

Prospective Voting

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

Party Line Voting or Straight ticket voting

- Supporting a party by voting for candidates

from one political party only

Voter ID Laws

laws that require a person to provide some form of official identification before they are permitted to register to vote, receive a ballot for an election, or to actually vote

increase in voter ID laws can decrease voter turnout (barriers)

political efficacy vs. apathy

A citizens faith and trust in government and their belief that they can understand and influence political airs

- Belief that their vote matters

opposite: lack of interest, "whatever attitude"

Voter Turnout General Trends

-in general, turnout has declined over time with some spikes-turnout varies from state to state due to barriers

Functions of political parties and interest groups

Political Parties: win/gain power through win election

pick candidates, run campaigns, give cues to voters, educate voters and office holders

Interest Groups: attempt to influence public opinion/policy

give cues to voters, articulate policy, coordinate policy, educate voters and office holders, draft legislation, mobilize membership to apply pressure on legislators and government agencies (grassroots lobbying)

Free Rider Problem

when people get the benefits of a group but don't contribute anything to it ($)

linkage institutions

Institutions that connect citizens to government.

PIEM: parties, interest groups, elections, media.

Types of Media

print, broadcast (tv and radio), internet

bully pulpit

the president's use of his prestige and visibility to guide or enthuse the American public (to monopolize media messaging)

partisan function

Efforts by media actors to influence public response to a particular party, leader, issue, or viewpoint.

acting as an advocate for a particular viewpoint or interest

agenda setting

Determining which public-policy questions will be debated or considered/ shape policy discussion.

Balancing the presidential ticket

- Vice president appeal to more people)

electoral college vs. popular vote

electoral college is:

- system used to elect president

- Voters vote for electors pledged to cast their ballots for a particular party's candidates

popular vote refers to the winner in terms of votes direct from citizens.

Electoral college 270 determines winner, NOT popular vote -----> debate.

Gerrymandering

Redrawing district lines to give a party an advantage/more seats

Cracking involves spreading out voters of a particular type among many districts in order to deny them a large voting bloc in any particular district.

Packing is to concentrate as many voters of one type into a single electoral district to reduce their influence in other districts.

split-ticket voting

voting for candidates of different parties for different offices at the same election

not @ primaries

closed vs. open primaries

voters must declare their party affiliation in advance of the election; only get their party’s ballot

allows voters to declare party affiliation on election day; can choose party ballot

caveat: register as independent so can choose either ballot