American Government 202 - Study Guide 1

What were the models and thinkers that the Founders referred to when drafting the Constitution?

Haudenosaunee/Iroquis, British Parliament, Roman Republic, Mayflower Compact, Athenian Democracy, Thomas Hobbes, John Locke, Montesquieu, Jean Jacque Rousseau

Why was the Declaration of Independence important and what is the meaning of its first two paragraphs?

It declared the independence of the USA, and the first two paragraphs outlined why the colonists had the right to revolt

What was the Seven Year War and how did it create the context for the American Revolution?

Although England won, they went in debt, which made them place taxes on the colonies, which is exactly why they revolted.

Who were the Federalists and who were the anti-Federalists?

Federalists wanted a strong central government, while the anti-federalists were opposed to that and pretty much everything the Federalists said. They also were united in their disapproval, but divided in their reasons

What are the main points made by Madison in Federalist Papers #10 and the Mayflower Compact?

They should agree to follow the government. It also secured less voting power for some (slaves)

In Fed Paper #10 Madison brought up how people split up into factions, and one is Poor Vs. Rich. He wanted to form a government that prevented one faction from overruling the other (specifically property rights). It divided powers, maintained a republican government, and stayed without a majority rule

What was the divisions in the United States between various social classes when the Constitution was ratified?

The division between the poor and the rich.

How specifically did the Constitution differ from the Articles of Confederation?

The constitution gave the US a strong, unified central government. The Articles of Confederation gave the states more individual power.

What was the significance of the Bill of Rights in the eventual ratification of the Constitution?

It appeased the anti-federalists who were afraid of an overly strong central government. It convinced those states to approve of the Constitution, and gave individual rights protection to them, subsequently leading to our freedom.

What did the Constitution say about slavery?

Slavery was never mentioned, and the institution was protected. It was explicitly stated that slaves were 3/5 of a human for voting, and that there would be a 20 year delay in abolishing the slave trade. Contextually it repressed rebellions including slaves, and made returning slaves to homes required, calling it a crime to run away.

What are the significant differences between the House of Representatives and the Senate?

The House has elections every second year chosen by people from the States. They can vote to impeach the president. It’s also based by population size.

The Senate has elections every 2 years. A term is 6 years, and they change members every 2 and cycle out classes. Each state has 2 senators and is not based on population size. They have the power to try and convict impeachments, and they’re more organized.

House = Popular opinion
Senate = Less easily swayed by public opinion

What the explicit powers of Congress?

Borrow and print money

Regulate commerce and laws regarding bankruptcy

Establish rules for immigration and naturalization

Create a post office and roads

Create a system of copyright and patents

Establish district federal courts

Declare war and raise an army

Punish counterfeiting and piracy

Holding hearings and issue subpoenas

What powers is Congress explicitly prohibited from having?

Can’t put limits on abolishing the slave trade

Cannot limit Habeas corpus, unless it is a situation of a declared rebellion

No Bill of Attainder or ex post facto Law shall be passed

Must maintain free trade between states

Cannot favor one state over another

Cannot grant titles of nobility to any citizen

Must obey the Bill of Rights and Amendments to the Constitution

What are the requirements for a representative of either the House of Representative or the Senate?

HoR: Must be 25+ yr old, 7+ years of US citizenship, live in elected state

Senate: Must be 30+ yr old, 9+ years of US citizenship, live in elected state

In Congress, what is the role of the Speaker, the Committees, and the Caucuses?

Speaker: Head of the house, administrator

Committees: smaller groups that specialize in specific subject areas, reviewing proposed legislation and issues

Caucuses: groups of members with similar interests, gathering to advance common legislative objectives

How representative is Congress in terms of race, religion, gender, income, and per population?

Race: Became more representative over time

Religion: Christianity majority

Gender: Mostly men, women underrepresented

Income: Considerably more wealthy than average population

Population: Less representative

What are the dual constituencies, and what do they mean for elected representatives?

It is the balance of getting approval/votes from people in the district, and from Congress.

What are the various legislative styles? 

Policy Specialists: Votes according to focused agenda

District Advocates: Works and votes for policies that districts support, focused on district approval

Party Soldiers: Vote for own party, highly partisan, focused on own companies

Party Builders: Vote for own party, highly partisan

What is “pork” and what does it play in the legislative process?

Additional terms added to a bill, helps negotiate

How is the Supreme Court organized, how many Justices currently sit on the Court, and how has it changed?

There are 9 Justices, there’s no term limit, it’s not controlled by the Constitution, and it changes size according to the circuits. The president appoints judges, and the Senate confirms it.

How is the federal court system organized, including the number of district and appeals courts?

It’s organized into 94 district courts, and 11 appeals courts. District courts determine the facts and apply the law, while appeals courts interpret the constitution for everyone if different district courts have different interpretations and challenge it.

What are the responsibilities of the Chief Justice of the Supreme Court?

They set the agenda and make Supreme Court meetings. They appoint judges to special courts, and supervise the Law Library of the Library of Congress while also acting on board of the Regents at the Smithsonian Institution. They’re appointed by the president and approved by the Senate

How is it possible to hold federal justices accountable for corruption?

Keeping the judges transparent would be one, but the other one is impeachment. Judges can vote to impeach a member for bad behavior

What is the significance of Marbury v. Madison (1803) and the rule of judicial review?

It ruled that the previous act which would have allowed Marbury’s appointment was unconstitutional, giving the Supreme Court more power to interpret and enforce the constitution. Judicial Review is final, and can only be overturned by an amendment

What are the legal and extralegal forces influencing the opinion of Supreme Court justices?

The Constitution, precedent, stationary law, and case facts are legal forces.

Public opinion, media coverage, political pressure, and interaction between judges can be extralegal forces.

What are the different eras of the Supreme Court?

1796-1800: Early Court (Organization and duties)

1801-1835: The Marshall Court (Judicial Review)

1836-1864: the Taney Court (Slavery, limits of federal law)

1865-1888: The Gilded Age Court (Due process and authority of private contracts)

1889-1929: The Progressive Era Court (Expansion of the Bill of Rights and limited government intervention in economy)

1930-1953: The New Deal Court (Expansion of government powers in the economy)

1954-1986: The Warren/Burger Court (Expansion of civil rights and liberties)

1987-2004: The Rehnquist Court (Limiting of federal power)

2005-present: The Roberts Court (Expansion of religious rights and corporate power)

What is the importance of the following cases:

Dred Scott v. Sandford (1857), Plessy v. Ferguson (1896), Lochner v. New York (1905), Gitlow v. New York (1925), West Coast Hotel Co. v. Parrish (1937), Brown v. Board of Education (1954), United States v. Lopez (1995), and Dobbs v. jackson women's health organization (2022)

1. Declared African Americans couldn’t be citizens and aren’t entitled to Constitutional rights

2. Allowed segregation as long as the faculties were equal. Ruled discrimination that targeted race was unconstitutional

3. Private contracts are unregulated, but everyone deserves due process

4. States had to abide by the Bill of Rights at least partially to protect them from the power of the States

5. States can regulate economy as long as the states could prove that it would help. Private contracts weren’t as important

6. Separate education facilities is unequal and unconstitutional, ended segregation, reasonings of case applied to other public institutions, overturned precedent.

7. First time the court limited Congress authority to regulate activity under the “commerce clause” of the Constitution since 1937

8. Gave power to the states on abortion, overturned precedent, overturned right to privacy for this matter

How is a president elected in the United States and what is the process of impeachment?

Electoral college. Citizens elect electors to elect president.

The House of Representatives charges the president, and if there’s a majority vote the president is impeached. Then it goes to the Senate. They hold a trial, and if they find the president guilty (2/3 vote), they can be removed from office; otherwise they may continue their position if found innocent.

What explicit powers are granted to the president by the Constitution?

Becomes commander in chief of Army and Navy of US, and all military

Can make cabinets to make separate decisions, analyze

Has last say in all military

Can grant pardons except impeachment

What is the president’s relationship between domestic and foreign policy?

The president is responsible for being the commander-in-chief, but the Senate has to approve any treaties made by the president, and it also is the only ones that can declare war.

What are the differences between each of these presidential powers: veto, executive orders, signing statements, appointments, and military orders

Veto: Not approving a law passed by Congress. Formal and pocket. Pocket: Can just sit on passed bill until Congress isn’t in session, then the bill dies

Executive orders: Policies of administrations, not laws passed by Congress. Doesn’t need Congress approval, needs to be rooted in law. Congress can override, or sanction it into law.

Signing Statements: Speaking how bill should be executed.

Appointments: Appointing people to Congress official powers. Must be approved by Congress… Sort of. Formal and recess. Recess is when they wait for Congress’ session to end, elects, then just asks them to confirm them.

Military orders: Official documents that specify a service member's duty, assignment, and entitlements

What is the difference between a unitary theory and a plural theory of an executive office?

Unitary Theory believes that a president should have full power/jurisdiction over all federal bureaucracy.

Plural Theory says the chief executive must share power with the other executive heads. Multiple leaders

What are the differences between the limited, stewardship, and prerogative theories of presidential power?

Limited: President only has power if given explicitly by the Constitution or Congress

Stewardship: Presidents are stewards of the nation, can act in any way as long as it doesn’t violate the will of Congress.

Prerogative: President should act on own even if against Congress and Constitution.

What is the Conditional Pandering Theory and how is pandering different from the presidential use of the bully pulpit?

Theorizes that presidents pretend to believe activists of supporters, sometimes forces president to change position to outside pressure.

How does a president’s use of veto power determine their relationship with Congress?

The president can use veto threats to force a redraft. Congress can also do this, forcing a game of chicken where they both threaten each other.

What is the importance of Youngstown Sheet & Tube Co. v. Sawyer (1952), United States v. Nixon (1974), Clinton v. City of New York (1996), and Trump v. United States (2024)?

1. Supreme Court put limits on ability of president to seize private property, even in times of war. They need congressional approval, unless more extreme circumstances arise.

2. Not even the president is above the law.

3. Despite Congress giving the president the power to veto sections of a bill, Supreme Court said that a president cannot veto sections of a bill, and must veto the whole bill.

4. Supreme Court ruled that presidents have absolute immunity for “core” constitutional acts, presumptive immunity for perimeter “official acts,” but they don’t have an immunity for “unofficial acts.” They didn’t specify what is what.

What is the notion of the imperial presidency?

The president is responsible for foreign policy, and they can act with little constraints, almost complete secrecy, and make decisions that can impact the entire world.

What are the four main types of federal agencies?

Cabinet Departments: Offices with direct presidential control

Independent Executive Agencies: Performs executive functions, operates outside of direct presidential controls

Independent Regulatory Commissions: Oversees practices of certain industries

Government-owned Corporations: Private businesses, partially owned by government

What administrative and bureaucratic functions are explicitly referenced in the Constitution?

Borrow and print money

Regulate commerce and laws for bankruptcy

Rules for immigration and naturalization

Post office and roads

Declare war

Go against counterfeiting and piracy

What are Weber’s and Wilson’s theories of bureaucracy?

Leadership should know culture of agency

Understand difference between essential constraints, marginal constraints

Match control over resources to the task

Judge organizations by results

Rely on standard operating procedure

What is the difference between bureaucratic failures and market failures?

Bureaucratic failures are more about the bureaucratic agencies being inefficient or ineffective within their own duties. Market failures are when markets independently fail to allocate resources, and thus fail.

What is the importance of the census in the federal bureaucracy?

It helps allocate funds, as well as determine congressional representation

What is the difference between a patronage system and a merit system for government jobs, and what role did the 1883 Pendleton Act play in changing the federal bureaucracy?

The patronage system received votes in exchange for government jobs. The merit system requires exams to be passed for certain government jobs, making it harder for people to be handed free jobs in exchange for votes.

The 1883 Pendleton Act was a law that required passing civil service exams for certain government jobs.

What are “iron triangles” and how are they significant to policymaking?

They are the relationship between committee members in Congress, interest groups, lobbyists, and bureaucratic officials who are loyal to certain programs to expand.

It’s a relationship, basically. Committee members want to go in one direction, Congress may want to go in another, lobbyists want laws supporting their cause, and bureaucratic officials who are loyal to certain programs want those to expand.

How did the Progressive Era, New Deal and World II, the Great Society, and the War on Terror impact the federal bureaucracy?

Progressive Era: Government expanded power to regulate economy

New Deal: Single largest expansion of federal bureaucracy. Created many agencies

The Great Society: Last great expansion for regulatory and welfare provisions

War on Terror: Last significant expansion of federal bureaucracy, focused on national security

What is the importance of Chevron v. Natural Resources Defense Council (1984)?

THe supreme court established that there should be a two part test to determine if a federal agency is interpreting a statue correctly. Did congress directly speak to the issue in question and are their intentions clear? Or is the agency acting reasonably within the wording of the statue?

How does Congress maintain control over the federal bureaucracy and what is the difference between “police patrols” and “fire alarms” models of congressional accountability?

Congress can hold hearings on actions, reduce/change agency size, funding, or mission, clarify matters within administrative law, or eliminating it and/or transferring activities to another agency.

Police patrols are proactive monitors of the programs, while fire alarms take reactive responses to complaints or issues.

What is the idea of participatory bureaucracy and how does it differ from participatory democracy?

Participatory bureaucracy lets the public participate in the implementation and administration of government policies and programs.

Participatory democracy allows the public to participate in political decision making.

What are some of the powers of the federal bureaucrats?

Federal law has the status and force of law.
All federal rules are registered in a directory.

Despite not being elected, they have influence over laws such as Administrative Rulemaking, Implementation of Policy, Administrative Adjudication, and Deciding on Standard Operating Procedures

What are the major trends in the federal workforce, especially in the 20^th and 21^st century?

They seem to be staying the same, if not decreasing overtime.

What is the difference between monopolistic regulations and public service regulations?

Private services like utilities are allowed to run as monopolies, but they’re restricted by the government to make things fair for all. Public service regulations regulate public companies.

What is regulatory capture?

This is when an agency that is supposed to regulate an industry starts being influenced by the very industry it means to regulate.