AP Government and Politics Unit 2 - Major Concepts

What do article I establish in the Constitution? 

• Article I establishes the Legislative Branch; also includes Necessary and Proper Clause allowing Congress to pass laws needed to carry out its powers 

What does Article II establish in the Constitution

• Article II establishes the Executive Branch—President & VP, enumerated powers (Commander in Chief, treaties, appointing officials, enforcing laws and State of the Union), election process (Electoral College)  

What does Article III establish?

• Article III establishes the Judicial Branch—Supreme Court, interpret laws, life tenure, establishes treason  

• Congress has ability to make lower courts** 

House of Representatives

• Members: 435 (population based) 

• Minimum age: 25 

• U.S Residence Requirement: 7 years 

• Term Length: 2 years (all members reelected every 2 years) 

• Constituents: 1 per 750k 

• More public pressure --> more connected to people 

• Limited and formal debate – 1 hour 

• Led by Speaker of House 

• Less coalitions than senate 

Senate

• Members: 100 (2 per state) 

• Minimum age: 30 

• U.S Residence Requirement: 9 

• Term Length: 6 years (1/3 elected every two years for continuous body) 

• Constituents: 3.3 per million 

• Less public pressure --> more connected to states 

• Unlimited and informal debate (filibuster) 

• Led by VP and President pro tempore 

Role of Speaker of House

• presides over legislative work 

• oversees House proceedings 

• maintains order 

• ensures rules are followed during debates and votes 

• leader of the majority party 

• appointing members to committees 

Role of President Pro Tempore

usually held by senior member, presides over Senate in absence of VP

Enumerated Powers of Congress

• Passing a federal budget, raising revenue by laying and collecting taxes, borrowing money, coining money 

• Declaring war/providing fund necessary to maintain armed forces 

• Determining the process for naturalization (becoming U.S citizen) 

• Regulating interstate commerce 

• Creating federal courts and their jurisdictions 

• Enacting legislation under authority of necessary and proper clause 

• Conducting oversight of executive branch, including federal agencies in bureaucracy 

House Rules Committee (Why are they important?

• Because it establishes rules for debates on bills (control) 

• when & how long, who and what amendments can be made to a bill 

What unique responsibilities does Senate have? (They are the upper house- but why?)  

• Fewer members = ability to act independently from public influence for sake of balance 

• Approval of appointments government officials like the President 

• request holds 

• ratify treaties 

Describe the process of how a bill becomes a law 

• Bill is made by Senator/HOR

• committees (often die)

• full Senate/House

• pass through other chamber (differences fixed by Conference Committee, both vote on final bill)

• president   

Process of creating and passing a budget. 

• President creates a budget proposal

• Congress reviews but does not have to accept (can adjust, cut, or add to it)

• joint budget resolution made (individual chamber committees already made) that outlines overall spending and revenue targets

• appropriation bills written specifying actual amounts presidential approval and passage  

Divided Government

when different political parties control the executive branch and Congress

Unified Government

When same political party controls both Executive Branch (president) and both chambers of Congress

Why are Presidential approval rates so significant? 

• Approval rates reflect public support—influence a president political legitimacy,

• Congress may feel more pressured to support the president’s agenda, use popularity to shape public opinion and rally support, reelection prospects 

What is the significance of a Presidential political agenda? 

• Sets national priorities, guides legislative action, shapes public opinion and voter expectations, provides basis for governing and campaigning  

Enumerated Powers of President

• Vetos and Pocket vetoes 

• Commander in Chief 

• Receive Ambassadors 

• Grant pardons 

• Sign treaties 

Informal Powers of President

• Executive Orders 

• Bargaining and Persuasion 

• Executive Agreements 

• Signing statements 

Describe the importance of the Presidential power of bargaining and persuasion. 

Enables President to secure congressional action 

What Presidential appointments require Senate confirmation? 

• Cabinet Leaders: 15 total (usually routinely approved --> secretary) 

• Ambassador (diplomats who nurture America’s relationship with other nations) 

• Some positions within the Executive Office of the President 

• Federal Judges 

Why is there such a fight over the appointment of federal judges? 

Highest possible stakes, they are deeply reviewed and investigated since they serve under “good behavior” (life tenure?) 

What Presidential appointments do NOT require Senate confirmation?

• White House Staff (Chief of Staff, Press Sec, National Security Advisor) 

• Recess (Temporary) Appointments — only if Senate is in recess 

• Low ranking military officers

Understand how technology and social media have changed presidential communication.  

• Technology and social media make it much easier and quicker to spread ideas and information 

• keep presidents accountable!! 

Understand why the State of the Union address has become so significant and what its meaning is. 

• Annual speech given by the president to a joint session of Congress’

• lets Congress know the country’s conditions and challenges

• connects Executive and Legislative

• outline president’s policy agenda for the year and what they would like passed,

• ***speak directly to and connect with American public, accountability (good, bad, what needs to improve), evolved into public spectacle and power given by Constitution  

Judicial Review

• Judicial Review: the power of the court to rule on the constitutionality of laws 

• allows courts to review and potentially invalidate the actions of the government

• checks on other branches

• Established in Marbury v. Madison, Fed 78, Judiciary Act of 1789 

 Where does the Judicial Branch get its power from?

• Article III

• Judiciary Act

• Marbury v. Madison

3 levels of federal courts

• district

• appellate

• supreme

District Courts

• 94 in U.S.A (at least 1 per state) 

• Original jurisdiction only (trial courts) 

• # of justices varies, always have juries 

Appellate Courts

• 12 in different regions of country 

• Make sure laws were applied fairly 

• 3 judges, no jury 

Supreme Courts

• Only 1 w/ 9 justices 

• Jurisdiction = Extend of power 

• Original Jurisdiction: hearing a case for the first time 

• Appellate Jurisdiction: Review 

What types of cases can be heard by federal courts?

• Supreme Court can hear original cases involving disputes between states, ambassadors, and public ministers + appellate cases that need Constitutional interpretation, fed laws, treaties; must have a “substantial federal question” to be cosnsidered 

Describe specific checks on Judicial Branch

• Congressional legislation to modify impact of prior decisions 

• Ratification of amendments 

• Judicial appointments and confirmations, shifting balances of the court 

• President and states delaying implementation of Supreme Court decisions 

• Enacting laws to limit the cases the Supreme Court can hear on appeal by removing jurisdiction. 

merit system 

Merit System: prioritizes professionalism, specialization, and neutrality 

Spoils system

• Spoils System: prioritizes giving jobs based on political patronage  

• Bureaucracies use the former 

What does it mean that Senate has the power of “advice and consent?” 

Senate has the authority to approve or reject certain presidential appointments—prez nominates, senate must approve 

How is the judicial branch able to maintain its independence? 

• Not elected by the public so there isn’t any public pressure that might force them to make wrong decisions.  

• Life tenure allows them to not be affected by current political climate  

How the Branches Compete

They compete by checking each other's power so one does not become too dominant:  

• President (exec) can veto legislation while Congress (legis) can override this veto-- also impeachment  

• Courts (jud) can declare laws or exec actions unconstitutional 

• Congress (legis) can limit judicial jurisdiction or put forth amendments to overturn court decisions  

• President (exec) appoints fed judges while courts (jud) can rule against exec orders 

How Branches Cooperate

• Congress and president collab on drafting, passing, signing laws; foreign policy and treaties 

• Exec enforces court decisions; fed judges picked by president and confirmed by Senate 

Deeply understand the idea of congressional oversight 

Baker v. Carr

One person, one vote – every vote is equal!  

Shaw v. Reno

Racial Gerrymandering

Marbury v. Madison

Judicial Review 

made judicial branch = with the other 2

Federalist 51

• Checks and Balances 

• “Madisonian Model” of 3 separate but equal gov branches to control abuses by majorities 

• More safeguards against tyrannies 

• Gov should “run itself” but need auxiliary methods just in case 

• Chop up power until people are comfortable 

Federalist 70

• Offers justification for a single executive 

• Argues a strong executive is “essential to the protection of the country against foreign attacks, to the steady administration of laws, to the protection of property, and to security of liberty” 

• One executive has energy (quickly make decisions) 

Federalist 78

Justified life tenure since judiciary is weakest branch

• Life Tenure-- “Hamilton argues that judges should have life tenure because with guaranteed positions, judges won't be swayed by public pressure and are less likely to become corrupt. Moreover, life tenure allows for stability in the interpretation of laws.” 

• Judicial Branch is the weakest out of all branches-- “Hamilton argues that the judicial branch is the least powerful and least dangerous because it has no control over the military or finances. Additionally, it must depend on the executive branch to implement its rulings, lacks both the ability and resources to attack the other two branches, and accordingly poses no threat to individual freedoms.” 

• “View & interpret the constitution as the highest law of the land”