AP Gov Unit 3

What is federalism?

A system of government in which power is divided between the national government and state governments.

What is layer cake federalism?

Dual federalism; national and state governments have distinct, relatively separate responsibilities.

What is marble cake federalism?

Cooperative federalism; national and state governments share and overlap responsibilities.

What constitutional provisions have led to federal dominance over the states?

The Supremacy Clause, Commerce Clause, Necessary and Proper Clause, Selective Incorporation of the Bill of Rights (14th amendment)

What is devolution?

The transfer of powers and responsibilities from the federal government to state or local governments.

What are typical sources of city revenue?

Property taxes, sales taxes, parking tickets, return on investments (bonds), service fee, municipal bonds/loans, state/federal funding

What is the single most important tactic of a typical lobbyist?

Direct communication with government officials to provide information and persuade them about legislation.

What strategies do interest groups use to influence politics?

Direct strategies: lobbying, issue networks, iron triangles, litigation by interest groups, profiting information and expert testimony

Indirect: public outreach, electioneering

Where do interest groups obtain funding?

Membership dues, individual donations, corporate contributions, PACs, Super PACS, foundation grants, and fundraising.

What advantage do federal bureaucrats have over the president in policymaking?

Specialized expertise, institutional knowledge, and continuity across presidential administrations.

What primarily determined civil service appointments during much of the 19th century?

Political patronage, also called the spoils system, in which jobs were awarded to political supporters.

What system began with the Pendleton Act of 1883?

The merit-based civil service system, using competitive examinations rather than political patronage.

Why are independent regulatory commissions created?

To regulate specific industries or economic activities and enforce laws with some independence from direct presidential control. They also provide specialized expertise.

Who is generally more loyal to the president: cabinet secretaries or independent regulatory commissioners?

Cabinet secretaries, because they are presidential appointees serving directly under the president.

What is the largest federal government corporation?

The United States Postal Service (USPS), measured by workforce and scale of operations.

What was the first federal regulatory commission, created in 1887?

The Interstate Commerce Commission (ICC), established to regulate railroad practices and rates.

What was the Hatch Act of 1939?

A law restricting partisan political activities by federal employees to protect the civil service from political coercion.

Who establishes and influences the national policy agenda?

The president, Congress, bureaucratic agencies, courts, interest groups, political parties, the media, and the public.

What interest is generally central to national policy, domestically and internationally?

National security, including protection of the country's people, interests, and stability.

What is the difference between a treaty and an executive agreement?

A treaty requires approval by two-thirds of the Senate; an executive agreement is made by the president and bypasses the Senate.

What is Congress's greatest influence over federal departments and agencies?

The power of the purse: controlling appropriations and agency funding.

Who is generally more effective at using the media to set the national policy agenda?

The president, because of the office's national visibility and the bully pulpit.

What is elite theory?

The theory that a small group of wealthy, powerful, or influential individuals dominates policymaking.

What is pluralist theory?

The theory that public policy results from competition and bargaining among many interest groups.

What are federal mandates?

Federal requirements imposed on state or local governments, sometimes without sufficient federal funding.

What are categorical grants?

Federal funds given to state or local governments for narrowly defined purposes with specific conditions.

What are block grants?

Federal funds provided for broad policy areas, giving states greater flexibility in how to spend them.

What is the Office of Management and Budget (OMB)?

An agency within the Executive Office of the President that prepares the president's budget, reviews agency spending, and evaluates federal regulations and programs.

What is the difference between classical and Keynesian economics?

Classical economics emphasizes self-correcting markets and limited intervention; Keynesian economics supports government spending and fiscal intervention to stabilize demand.

What negative economic effect can anti-inflation policies cause?

Higher unemployment, especially when interest rates rise and economic demand falls.

What increased as Reagan cut taxes and raised defense spending?

Federal budget deficits and the national debt.

Which federal institution implements monetary policy?

The Federal Reserve System (the Fed), primarily through the Federal Open Market Committee.

What was the significance of the Gramm-Rudman-Hollings Act of 1985?

It established deficit-reduction targets and automatic spending cuts intended to reduce the federal budget deficit if the government didn’t reduce it themselves by 1991

Which two social welfare programs account for a large share of federal social welfare spending?

Social Security and Medicare; they are major federal social insurance programs.

What is the difference between Medicaid and Medicare?

Medicaid is a joint federal-state health insurance program primarily for eligible low-income people; Medicare is a federal health insurance program mainly for people 65 and older and certain younger people with disabilities.

What was the National Labor Relations Act of 1935 (Wagner Act)?

A law protecting collective bargaining and union organizing and creating the National Labor Relations Board (NLRB).

What was the Taft-Hartley Act of 1947?

A law restricting certain union activities, permitting state right-to-work laws, and allowing presidential intervention in certain labor disputes.

Which branch primarily implements foreign policy?

The executive branch, led by the president.

What was the Cold War policy of containment?

A strategy to prevent the spread of communism and Soviet influence into additional countries.

What checks limit presidential power in foreign policy?

Senate treaty approval, Senate confirmation of ambassadors, congressional funding, legislation, war powers, oversight, and judicial review in applicable cases.

Which cabinet secretary is most directly responsible for foreign policy?

The Secretary of State.

Which countries make up the G7?

Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States.

Which body coordinates national security and foreign policy across executive agencies?

The National Security Council (NSC), which advises the president and coordinates national security policymaking.

What did the National Security Act of 1947 create?

The National Security Council, Central Intelligence Agency, National Military Establishment (predecessor to the Department of Defense), and independent Air Force.

What is the War Powers Resolution of 1973?

A law requiring the president to notify Congress within 48 hours of introducing armed forces into hostilities and generally end involvement within 60 days without authorization, with up to 30 additional days for withdrawal.

Who heads each branch of the U.S. military?

Senior uniformed service chiefs lead military services, while civilian service secretaries oversee them; the Marine Corps falls under the Department of the Navy.

Why does Congress sometimes prioritize particular military expenditures?

To protect jobs, defense contracts, military installations, and economic benefits in members' states or districts.

Who is the top official at the Department of Justice?

The U.S. Attorney General.

Which federal agency primarily enforces environmental laws?

The Environmental Protection Agency (EPA).

What is an Environmental Impact Statement (EIS)?

A detailed analysis of the likely environmental effects of a major federal action, required under the National Environmental Policy Act (NEPA) when applicable.

Which landmark law established national air-quality standards?

The Clean Air Act, especially the 1970 amendments, which authorized national air-quality standards and implementation deadlines.

What 1970 law addressed oil spill liability and cleanup?

The Water Quality Improvement Act of 1970, which expanded federal oil pollution controls and cleanup liability.

What is cap-and-trade policy?

A system that sets an overall pollution limit and allows regulated entities to buy and sell emission allowances.

What is the bubble standard?

An EPA approach treating multiple emission sources at one facility as a single bubble, allowing flexibility if total emissions meet the applicable limit.

What are pollution offsets?

Emission reductions used to compensate for emissions from another source, often required when new or modified facilities increase pollution.

What are pollution allowance banks?

Systems for storing or registering eligible emission credits or allowances for future use or trading.

What are CAFE standards?

Corporate Average Fuel Economy standards, which set minimum average fuel-efficiency requirements for manufacturers' fleets of vehicles.

What is the primary role of the judicial branch and Supreme Court?

To interpret laws and the Constitution, resolve legal disputes, and determine constitutionality in cases properly before the courts.

Does the Constitution explicitly grant judicial review to the Supreme Court?

No. Judicial review was established as a constitutional principle through Supreme Court precedent.

Which landmark case established judicial review?

Marbury v. Madison (1803).

What type of jurisdiction accounts for most Supreme Court cases?

Appellate jurisdiction, reviewing decisions of lower courts.

What cases fall under the Supreme Court's original jurisdiction?

Cases affecting ambassadors and other public ministers and consuls, and cases in which a state is a party; Congress has made some categories exclusive and others concurrent.

If the Supreme Court does not hear a case within its original jurisdiction, which court may hear it?

A lower federal court if Congress has provided concurrent jurisdiction; certain disputes, such as many controversies between states, fall within the Supreme Court's exclusive original jurisdiction.

Who generally prevails when valid federal law conflicts with state law?

The federal government, under the Supremacy Clause.

Who determines the number of Supreme Court justices, and how many are there?

Congress determines the number by statute; there are currently nine justices.

What two steps are required to appoint a federal judge or Supreme Court justice?

Presidential nomination and Senate confirmation.

How long do federal judges and Supreme Court justices serve?

During good behavior, generally for life unless they resign, retire, or are removed.

How can an Article III federal judge be removed from office?

Impeachment by the House and conviction by a two-thirds vote of the Senate.

Who traditionally administers the presidential oath and presides over a presidential impeachment trial?

The Chief Justice of the United States; administering the oath is customary, while presiding over a presidential impeachment trial is constitutionally required.

What is a petitioner?

A person or party asking a higher court to review a lower court's decision.

What does in forma pauperis mean?

Permission to proceed in court without paying ordinary filing fees because of financial hardship.

Where do Supreme Court justices discuss petitions and vote on cases privately?

The justices' private conference.

What is the rule of four?

At least four Supreme Court justices must vote to grant certiorari for the Court to hear a case through that process.

What is a writ of certiorari?

An order by a higher court agreeing to review the decision of a lower court and telling the lower court to send up the records of the case for review.

What is stare decisis?

The principle of following established judicial precedents when deciding similar cases.

What is a legal brief?

A written document presenting legal arguments, facts, and authorities to a court.

What is the quorum for the Supreme Court?

Six justices.

What usually happens during Supreme Court oral arguments?

Attorneys present their arguments while justices ask questions and challenge legal reasoning.

What is a majority opinion?

The Court's opinion explaining the decision and reasoning supported by a majority of participating justices.

What is a dissenting opinion?

An opinion written by a justice who disagrees with the Court's judgment.

What is a precedent, and why is it important?

An earlier judicial decision used to guide later cases; it promotes consistency and predictability in the law.

How can a law declared unconstitutional become constitutional?

By changing the law to remove the constitutional defect, amending the Constitution, or having the Supreme Court later overturn the relevant precedent.

Whom did the Bill of Rights originally restrict?

The federal government, not state governments.

What freedoms does the First Amendment protect?

Religion, speech, press, peaceful assembly, and petitioning the government.

What is the clear and present danger doctrine?

An older standard permitting restrictions on speech posing a serious and immediate danger; for example, speech creating an imminent threat of serious harm. Modern incitement law generally uses the Brandenburg imminent-lawless-action test.

What landmark abortion case recognized a constitutional abortion right, and what amendments were involved?

Roe v. Wade (1973), relying primarily on Fourteenth Amendment due process privacy protections; it was overturned by Dobbs v. Jackson Women's Health Organization (2022).

Which amendment protects against unreasonable searches and seizures?

The Fourth Amendment; privacy rights also arise from other constitutional provisions.

Which landmark case addressed protection against self-incrimination during police interrogation?

Miranda v. Arizona (1966).

What Sixth Amendment issue was central to Gideon v. Wainwright (1963)?

The right to legal counsel for indigent defendants in state felony prosecutions.

What was the central issue in Tinker v. Des Moines (1969)?

Students' First Amendment free speech rights, including symbolic protest, in public schools.

What was the central issue in Brown v. Board of Education (1954)?

Racial segregation in public schools violated the Fourteenth Amendment Equal Protection Clause.

Which landmark case did Brown v. Board of Education reject in the public education context?

Plessy v. Ferguson (1896), which had upheld the separate-but-equal doctrine.

Which amendment contains the Equal Protection Clause?

The Fourteenth Amendment; selective incorporation primarily occurs through its Due Process Clause.

What is due process of law?

The constitutional guarantee that government must follow fair legal procedures and respect certain fundamental rights before depriving someone of life, liberty, or property.

How do the Fifth and Fourteenth Amendment Due Process Clauses differ?

The Fifth Amendment restricts the federal government; the Fourteenth Amendment restricts state governments.

What is eminent domain?

The government's power to take private property for public use with just compensation, subject to constitutional limits.

What is the exclusionary rule?

The principle that evidence obtained through unconstitutional searches or seizures is generally inadmissible in criminal trials, subject to exceptions.

Which landmark cases concern the exclusionary rule?

Weeks v. United States (1914) applied it federally; Mapp v. Ohio (1961) applied it to states; United States v. Leon (1984) recognized a good-faith exception.

What are major Commerce Clause cases?

Gibbons v. Ogden (1824) expanded federal commerce authority; Wickard v. Filburn (1942) upheld broad regulation; United States v. Lopez (1995) limited federal authority; Gonzales v. Raich (2005) upheld regulation of locally grown marijuana.

What is the Free Exercise Clause?

The First Amendment protection for religious belief and practice against improper government interference.