Gov AP

participatory democracy

emphasizes broad participation by society from all members, first amendments freedom of speech and protest, ex; town hall

pluralist democracy

ppl align w interest groups who then go and compete to influence government, allows political parties to flourish, seen in first amendment with freedom of assembly, ex: NAACP

elite democracy

emphasizes limit partcipation in government on the idea that those who do run it are the most educated, ex: electoral college

brutus 1 v. federalist 10

brutus: wanted partcipatiory model, dangers of large centralized gov.

fed 10: argued that with so many competing factions in a republic, liberty would be upheld anyways, two solutions to the effect of factions: 1) take away causes of factions (strips of liberty) 2) try and manage their effects, pluralist

articles of confederation

states had more power than fed government, no president only congress, no taxes to raise revenue, shay’s rebellion: no national army to stop rebels —> 4 compromises

great compromise

how ppl would be represented in congress, VA plan: representatives apportioned by population, favors big states NJ plan: each state has 1 vote, helps smaller states —> bicameral congress of HoR and senate, electoral college

3/5 compromise

how slaves should be counted for population, north didn’t want count at all while south did —> one slave counts as a 3/5 person

article V compromise

how an amendment becomes law, 2/3 need to agree for proposal, and ¾ of states as well

federalism

sharing of power between national and state government

• executive power: specifically delegated from the constiution to the fed gov’t

• reserved: kept by the states

• concurrent: held by both fed and state gov’t, income tax

balance of power

• 10th amendment: powers reserved for states

• 14th amendment: applies BOR to states

• commerce clause: allows congress to manage national commerce

• necessary and proper clause: congress can make any law to uphold the amendments

mcculouch v maryland

federal law trumps state law

US v Lopez

win for state power

congress powers

enumerated: explicitly states in article 1 section 8 of constitution, raise revenue, budget, declare war, etc

implied powers: congress can pass any law required by enumerated powers, necessary and proper clause, ex: national bank

leadership of the house

speaker of the house: chosen by majority party of house

majority and minority leaders

whips: render party discipline

senate leadership

president of senate: VP of US

president pro temp: most senior member of majority party

senate majority leader

whips

committees

small groups of reps who debate and draft legislation

• standing: permanent, ex: budget

• joint: members of both HOR and senate

• select: temporary, opp. of standing,

• conference: formed to reconcile differences in legislation

unanimous consent

senate uses this as a way to speed the process of voting legislation along

how a bill becomes law

1) bill is introduced

2) bill assigned to house and altered

3) goes back to whole group and vote

4) bill gets approved and goes to president for signing

fed budget

mainly from taxes, allocates funds w/ two categories

• mandatory spending: payments required by law, medicare/aid

• discretionary spending: all funds remaining after mandatory spending, mainly goes to gov. employees (increase in taxes or deficit spending/borrowing)

factors that alter time for congress

1) ideological division: political polarization, compromise becomes harder, eased w one party having majority over another

2) differing conceptions of representative model

• trustee: belief rep has been entrusted w people’s faith to vote according to the rep’s best judgement

• delegate: rep votes w the will of the ppl even if it goes against their better judgement

• politico model: blend, depends on situation

3) redistricting and gerrymandering

baker v carr

one person, one vote

districts must be drawn in order to evenly distribute the voting power

branches of gov

legislative: bicameral congress (HOR - 435 members and senate - 100 members)

shaw v reno

gerrymandering is bad

president’s powers

formal: article 2, veto, commander-in-chief of armed forces,

informal powers: president threatens to veto, pocket veto - let sesion expire and automatic vetos, bargaining and persuasion for ppl, executive order (force of fed law)

cabinet

presidential team of advisors who lea each of the executive agencies

fed papers

hamilton argued that the executive can act decisively, and executive power is checked by other branches

state of the union

way for the bully pulprit (ability for president to just talk to his ppl and get things done) to go through, ex: trump w twitter

court’s structure

• 94 district courts, hear a case for the first time

• court of appeals: hears appeals from lower courts

• supreme court: article 3

federalist 78

independence of the judicial branch acted as a protection for its power, lifetime appointments, court has judicial review

marbury v madison

established judicial review, increased power of supreme court

how court works

precedents: decision is handed down, “stare decisis” let decision stand

• judicial activism: courts establish policy and considers more than just constitutionality, it also considered decisions of the broader effects on society

• judicial restraint: judges believe law should only be struck down if it violates the written word

dred scott decision

ruled slavery was permissible in all states, later ruled invalid after congress’ passing of the 13th amendment aborting slavery

bureaucracy

under executive branch, millions of ppl working for fed gov., create more refined rules to carry out gov. policies (delegated discretionary authority), issues fines when laws are violated

• cabinet secretaries: leaders of dept.

• agencies: carry out dept. goals

• commissions: board of individuals

• gov. co.: way to sell public a government good, PBS

iron triangle

three points of triangle, bureacratic agencies, congressional commitees, and interest groups —> all work tg to carry out policu

bureaucratic dept to know

• dept of homeland security

• transportation

• veteran’s affairs

• education

• environmental protection

• fed elections committee

• securities and exchange commision

bill of rights

protection of ppl’s civil liberties

• individual personal freedoms

1st amendment

establishment clause: congress can’t make a law establish a religion

free exercise clause: ppl can practice religion freely

freedom of speech, assembly, press, religion

engel v vitale

states cant promote public school prayer

wisconsin v yoder

compelling amish students to attend schooling past religious requirements violated free exercise clause

tinker v des moines

students at school have freedom of speech, and symbolic speech is protected speech (wearing armbands, burning US flag, hate speech)

scheneck v US

speech can be limited if it poses a clear danger (libel, slander, words that are likely to produce imminent and illegal action)

NY times v US

gov couldnt block publication of the pentagon papers

8th amendment

no cruel and unusual punishment, death penalty

14th amendment

due process clause says no state shouls derive anyone of life, liberty, or property without due process of law

• equal protection clause: cannot deny anyone within border the equal protection of laws

• selective incorporation: states become restricted by the BOR, states cannot take away your rights, requires state to abide by entire BOR

• elimnated poll taxes

mcdonald v chicago

incorporated (state can no longer take away) an individual right to bear arms

gideon v wainwright

incorporated the right to attorney

fifth amendment

protects individuals from self-incrimination, double jeopardy, and deprivation of life, liberty, or property without due process, and ensures just compensation for taken private property

6th amendment

guarantees criminal defendants the right to a speedy and public trial, an impartial jury, legal counsel, and the ability to confront and obtain witnesses.

miranda rule

suspect must be informed of their 5th and 6th amendment rights

4th amendment

protects from unreasonable searches and seizures

right of privacy

unenumerated in bill of rights

roe v wade

women has ability to obtain an abortion due to the right to privacy

civil rights

protection of groups of ppl from discrimination, race, gender, sex, etc

• civil rights movements, womens’ rights, LGBTQ movements

letter from birmingham jail

demands fulfillment of the DOI, equal protection clause for african americas, by MLK

civil rights act of 1964

banned discrimination based on color, gender, race, religion for employment

voting rights act of 1965

banned literacy tests to vote

brown v board of educated

racially segregated schools violated the 14th amendment, overturned plessy v ferguson (allowing separate but equal)

3rd amendment

protects citizens from having soldiers quartered in homes

7th amendment

right to trial by jury

9th amendment

just bc rights aren’t explicitly stated in BOR, doesnt mean citizens dont hold them

tenth amendment

powers not stated toward the fed gov in constitution, belong to the states