AP US Gov Full Review

UNIT ONE
LEGISLATIVE BRANCH, ARTICLE I    

• Purpose: Make laws.

• Expressed Powers: Article I, Section 8 specifies powers granted to Congress.

• Necessary & Proper: Article I, Section 8 grants powers necessary to carry out expressed powers.

• Implied: Authority of the federal government that goes beyond its expressed powers.

• House: Elected directly and run every two years - responsive to the people.

• Senate: Originally chosen by state legislature run every six years - less responsive.

EXECUTIVE BRANCH, ARTICLE II

• Purpose: Enforce the law.

• Term: 2, 4 year terms; originally no limits. 

• Elections: The president is chosen indirectly by the people through the electoral college.

• Powers: Veto, commander in chief, oversee bureaucracy, foreign policy/treaty making.

JUDICIAL BRANCH, ARTICLE III

• Purpose: Interpret the law.

• Supreme Court: Only court created by the constitution; the highest in the land.

• Jurisdiction: Handle disputes between states and the national government, between two or more states, between citizens of different states.

• Supremacy Clause: Article VI - constitution, federal law, and treaties. Supreme law of the land.

JUDICIAL REVIEW

• The ability of the courts to overturn a law or executive action, is not explicit in the constitution. This comes from the Marbury v. Madison court case. 

AMENDMENTS

• The amendment system is a good example of federalism, because it shows the national government and the state government working together.

RELATIONSHIPS BETWEEN THE STATES, ARTICLE IV

AMENDMENT PROCESS, ARTICLE V

SUPREMACY CLAUSE, ARTICLE VI

RATIFICATION, ARTIClE VII

SYSTEMS OF GOVERNMENT

THE DIVISION OF POWER UNDER DIFFERENT SYSTEMS OF GOVERNMENT

• Unitary System: National Government —> State Government (Concentrated power).

• Federal System: National Government —> State Government, vice versa (Divided power).

• Confederation: State Government —> National Government (Decentralized power).

NATIONAL AND STATE POWERS

• Federalism divides power among the layers of government, therefore creating conflict between those who have the power to legislate on public policy areas.

• The Constitution provides for national power through the Articles, yet reserves powers not delegated to the national government to the states and people. 

• QUESTION TO CONSIDER: What powers are constitutionally given to the federal government and what powers are reserved to the states?

  • Enumerated or expressed powers refer to those powers granted to the national government in the Constitution, and especially Congress.

  • Exclusive powers are powers that only the national government may exercise.

  • Implied powers are not specifically granted to the federal government. Under the necessary and proper clause, Congress can make laws to carry out its enumerated powers.

    • The Constitution denies certain powers to the national government as well.

THE COMMERCE, NECESSARY AND PROPER AND SUPREMACY CLAUSES

• Shaping Authority: Commerce, Necessary & Proper, and Supremacy clauses & 10th amendment shape authority of state and national government.

• Commerce: Grants Congress the power to ‘regulate commerce with foreign nations, and among the several states and with the Indian tribes’.

• Necessary & Proper: Also called the elastic clause, a critical source of power for the national government.

• Supremacy Clause: ‘This Constitution and the laws of the United States shall be the supreme law of the land.’

• The states must abide by the laws passed by Congress, even if state constitutional provisions conflict with them.

POWERS OF STATE GOVERNMENTS

• The States: The Constitution is much less specific about the powers allocated to the states.

• Tenth Amendment: Much of the authority for the states comes from the 10th. 

  • Reserved Powers: Powers not given to the federal government are left to the states. 

• Concurrent Powers: Powers granted in the Constitution and allow the national and state authority to overlap in policy areas. 

  • For example: enforce taxes, create courts, borrow money. 

DYNAMIC NATURE OF FEDERALISM

EXPANDING NATIONAL POWER

THE MARSHALL COURT:

• First major Federalism case is McCulloch v Maryland.

• Congress chartered the Second Bank of the US.

• 2 questions:

  • Did Congress have the authority to establish the bank?

  • Did individual states have the authority to tax its branches operating within its borders?

EXPANDING NATIONAL POWER

• DECISION

  • Cites necessary and proper clause.

  • Affirming right of Congress to establish a bank.

  • Congress is not limited to its expressed powers.

• GIBBONS v OGDEN

  • Powers of Congress under the commerce clause of the Constitution.

  • Two steamboat operating businesses fought over routes between New York and New Jersey.

  • Gibbons was granted a federal license while Ogden was granted the license from the state of New York.

  • Marshall cited both the Commerce Clause and the Supremacy Clause.

CIVIL WAR AMENDMENTS:

• Thirteenth Amendment: Outlawed slavery.

• Fourteenth Amendment: Provided that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law.

• Fifteenth Amendment: Cannot deny the right to vote based on race; gave African American males the right to vote.

• Plessy v Ferguson (1896): Supreme Court case establishing “separate but equal” doctrine.

  • Outcome: strengthened state governments’ ability to impose Jim Crow laws.

DUAL FEDERALISM:

• Dual Federalism: A form of American federalism in which the states and the nation operate independently in their own areas of public policy.

  • Very little overlap in policy execution.

  • “Layer cake federalism”.

DUAL BECOMES COOPERATIVE:

• Over time, the distinction between state and national policies blurred.

• States’ rights were undermined with selective incorporation: the process through which the Supreme Court applies fundamental rights in the Bill Of Rights to the states on a case-by-case basis.

• Question to consider: How would selective incorporation limit the states?

• Cooperative Federalism: both levels work together in the same areas of public policy.

  • National government provides funds and sets standards which states implement.

  • “Marble cake federalism”.

MODERN AMERICAN FEDERALISM

COST OF FEDERALISM:

• Grants-In-Aid: A tool used by the government to achieve policy objectives with states.

• Categorical Grants: Grants provided to states with specific provisions on their use.

  • Limited in how states can spend funding.

• Fiscal Federalism: The federal government’s use of grants-in-aid to influence policies in the states.

• Unfunded Mandates: The national government requires states to pay for programs without providing funds.

  • Example: The Americans With Disabilities Act (1990).

DEVOLUTION:

• Devolution: The idea of returning more authority to state or local governments. 

• Block Grants: A tactic of devolution, they are a form of grants-in-aid that give the states more control over how to disperse federal funds.

• Started and continued under Republican presidents and Congresses (Nixon, Reagan.)

• Revenue Sharing: When the federal government apportions tax money to the states with no strings attached (ended because it was too costly).

FEDERALISM & PUBLIC EDUCATION:

• Starting in the 1960’s, the national government provided grant money to states to create more opportunity for low-income areas.

• No Child Left Behind (NCLB) provided states with grant money, if they agreed to give standardized assessment tests to students at certain grade levels.

  • Replaced in 2015 to give states more latitude.

• Controversy: the national government has too much control over local and state public education.

UNIT FIVE
THE RIGHT TO VOTE & EXERCISING THAT RIGHT

EXPANSION OF VOTING RIGHTS:

• 14th Amendment: Granted citizenship to all persons born or naturalized in the US.

• 15th Amendment: Granted African-American men the right to vote.

• 17th Amendment: Direct election of Senators. 

• 19th Amendment: Granted women the right to vote.

• 24th Amendment: Eliminated poll tax.

• 26th Amendment: Lowered voting age to 18.  

FACTORS THAT SHAPE ELECTORAL PARTICIPATION:

• What causes a person to vote: 

  • Institutional factors, general/primary elections, issues on ballot, demographic characteristics.

• Socioeconomic States:

  • Higher SES participate more. 

• Political Efficacy:

  • Confidence that you can make effective political change.

• Changes in participation:

  • Young adults vote at lower rates than older generations.

• Gender & Voter Turnout:

  • Women vote at slightly higher rates than men.

• Partisan Attachment:

  • People strongly attached to a political party are more likely to vote.

• Candidate Characteristics:

  • Voters turn out and vote in higher numbers for people that look like them.

LEGAL & INSTITUTIONAL FACTORS AFFECTING VOTER TURNOUT:

• Registration requirements:

  • The set of rules that govern who can vote and how, when, and where they vote.

• Dates:

  • Tuesday after the first Monday in November.

• Election specific factors:

  • Presidential vs Midterm elections. 

THE RIGHT TO VOTE & EXERCISING THAT RIGHT

HOW CITIZENS MAKE VOTING DECISIONS & THE FUNCTIONS OF ELECTIONS:

• Rational Choice:

  • When citizens vote based on what they believe is in their best interests.

• Retrospective:

  • Reflecting back on an incumbent’s past performance.

• Prospective:

  • Casting a ballot for a candidate who promises to enact policies favored by the voter.

• Party-Line:

  • Casting ballots for members of one political party for every office. 

THE POLITICS OF PRESIDENTIAL ELECTIONS

TWO STAGES:

• Nomination:

  • Candidates try to secure the nomination from their political party.

• General Election:

  • Nominees compete for the presidency. 

BEFORE THE OFFICIAL CAMPAIGN:

• Begin raising money & contracting party officials, and form exploratory committee:

  • Test the waters by traveling.

  • Conducting public opinion polls.

  • Outreach calls to potential voters.

• If they decide to run, the campaign becomes official. 

NOMINATION PROCESS:

• Primaries are held in states for voters to choose delegates who support a candidate.

  • Open/closed primaries.

  • Caucuses.

• Concluded with the national convention in late summer. 

GENERAL ELECTION:

• The two major parties have their nominees.

• Nominees must speak to their base, but also the independents and undecided voters. 

ELECTORAL COLLEGE:

• Voters are casting ballots for a slate of electors when they vote.

  • 270 to win.

  • 538 total (100 senators + 435 reps + 3 DC).

  • Winner take all system, except Maine/Nebraska (proportional).

  • Electors - party leaders/activists, pledge to vote for their party’s candidate.

  • No winner - House Of Reps chooses.

POLITICAL PARTIES

FUNCTIONS OF POLITICAL PARTIES:

• What forces are driving polarizations and a decline in party identification?

• Roles that parties play:

  • Organizations:

    • Unites, educates, and raises money.

  • Electorate:

    • Provides labels for voters to use as shortcuts.

  • Government:

    • Enacts the policy positions of its members, acts as opposition to the majority party when in the minority. 

• Parties As Organizations:

  • Party Workers:

    • Formal party organization - committees, headquarters, conventions, leadership staff/volunteers.

    • Presidential election years.

    • Most visible at the local level - state and town - loosely organized. 

  • Party Identifiers:

    • All individuals who identify with/support the party.

    • Influence voter choices/straight-ticket voting/split-ticket voters.

    • Dissatisfaction with parties has led to an increase in independent voters.

• Parties In The Government:

  • Elected Officials:

    • Party leadership.

    • Party conventions & platforms.

    • Recruiting and supporting candidates.

    • Maintaining voter databases.

THE DEVELOPMENT Of AMERICAN POLITICAL PARTIES

• Party Coalition: groups of voters who support a political party over time.

  • Americans have been solidly Democratic or Republican party members for over 150 years, but coalitions have changed.

  • Realignment: when the groups of people who support a political party shift their allegiance to a different political party.

    • Happens during a critical election - major national election that signals a change in the balance of power between the two parties.

• Party Era: time period when one party wins most national elections.

  • Currently seeing an era of divided government - a trend since 1969, in which one party controls one of both houses of Congress and the president is from the opposing party. 

PARTIES & POLITICAL CAMPAIGNS

NOMINATION PROCESS:

• Declared candidates compete for the nomination. 

  • Seek the support of delegates: people who act as the voters’ representatives at a convention to select the party’s nominee.

• States hold primary elections - an election in which a state’s voters choose delegates who support a presidential candidate for nomination or an election by a plurality vote to select a party’s nominee for a seat in Congress. 

  • Open Primaries: All eligible voters may vote, regardless of their party affiliation.

  • Closed Primaries: Only those who have registered as a member of a political party may vote.

    • Meant to encourage increase in party identification.

DELEGATE VS SUPERDELEGATE:

• Delegate:

  • Delegates pledge to vote the way a state voted.

• Super Delegate:

  • Usually a party leader or activist who is not pledged to a candidate based on the outcome of the state’s primary or caucus.

WHEN TO PRIMARY OR CAUCUS?:

• Frontloading:

  • A decision by a state to push its primary or caucus to a date as early in the election season as possible to gain more influence in the presidential nomination process.

    • Wins in early states creates momentum and targets the issues important to those states.

• Final phase is the national convention: a meeting where delegates officially select their party’s nominee for the presidency. 

THIRD PARTIES

PARTY SYSTEMS:

• Two-Party System: 

  • A system in which two political parties dominate politics, winning almost all elections.

    • Flourish in an electoral system that facilitates single-member-plurality; choosing members of the legislature where the winner is the candidate who receives the most votes, even if the candidate does not receive a majority (more than 50%) of the votes.

• Proportional Representation System:

  • An electoral system for a legislature in which citizens vote for parties, rather than individuals, and parties are represented in the legislature according to the percentage of the vote they receive. 

    • More likely to create a multi-proportional system.

THIRD PARTIES:

• A minor political party in competition with the two major parties.

  • Focus on a single issue.

  • Sometimes platforms incorporated in major party platforms.

• Hindrances to third parties:

  • Winner-Take-All electoral system/single-member districts.

  • Narrow focus/agenda.

  • Negative press from major party candidates (scared of votes they will acquire). 

INTEREST GROUPS & SOCIAL MOVEMENTS

INTEREST GROUPS AND SOCIAL MOVEMENTS:

• Interest Groups:

  • Voluntary association of people who come together with the goal of getting the policies they favor enacted.

• Social Movements:

  • Loosely organized groups that educate the public and put pressure on policymakers in an effort to bring about societal change.

FEDERALIST 10:

• Factions are groups united by some common impulse of passion.

• Potentially dangerous to the rights of others but they are guaranteed to form.

• Make sure that no one faction can do too much damage.

• Make sure they are competing in a large republic.

THEORIES ON FORMATION:

• Participatory:

  • Citizens make an impact through their involvement in groups outside of the government.

• Pluralist:

  • Groups competing serve to check anyone of them. What one lacks, the other may have.

• Elitist:

  • Wealthy control the policy agenda. The limited time of Congresspeople means they will spend time with the elite.

TYPES OF GROUPS:

• Economic:

  • Advocating on behalf of financial interest.

• Public Interest:

  • Act on behalf of the collective interest of a large group.

• Single Issue:

  • Associations focusing on one specific area of public policy.

• Government:

  • Acting on behalf of the local, state or foreign governments.

LOBBYING:

• Interacting with government officials in order to advance a group’s public policy goals.

• Former government officials are in high demand from lobbying firms.

THE MEDIA

THE EVOLVING NEWS MEDIA:

• Print Media:

  • Important to early American politics, expensive.

• Mass Media: Penny Presses:

  • Reduced the cost of print, more accessible.

• Investigative Journalism:

  • 19th Century, acting like detectives.

• Radio & Television:

  • Broadcast media, 80’s/90’s CNN 24-hour news.

• New Media:

  • The 21st century brought all digital platforms.

• Media Consolidation:

  • Concentration of media into fewer corporations.

• Media Today:

  • Partisan bias, political comedy shows, social media outlets.

HOW MEDIA SHAPES POLITICS TODAY:

• Political Perils Of The New Media:

  • Using social media to share information, video, text and forward it by anyone - citizens, politicians, etc. Off-the-cuff remarks can be shared instantly.

• New Media & Reshaping What News Is:

  • Pressure to attract an audience has led to a focus on infotainment - increases cynicism in the process.

• Bias And Coverage Of News:

  • Partisan Bias: Slanting of political news coverage in support of a particular political party. Americans think there is a great deal of bias increase.

UNIT 10

CORE POLITICAL VALUES:

• Individualism:

  • The belief that individuals should be responsible for themselves and for the decisions they make.

• Equality Of Opportunity:

  • Everyone should have the chance to succeed based on their own effort - not the same as equality of result.

• Free Enterprise:

  • An economic system in which the government intrudes as little as possible in the economic transactions among citizens and businesses.

• Rule Of Law:

  • The principle that no one, including public officials, is above the law.

• Limited Government:

  • Human beings have inherent rights that the government cannot take away.

POLITICAL SOCIALIZATION:

POLITICAL SOCIALIZATION

• Political Socialization:

  • Experiences and factors that shape your political ideology.

• Political Ideology:

  • Coherent set of beliefs about government and politics.

WHAT INFLUENCES YOUR POLITICAL SOCIALIZATION?

• Family, schools, and peers.

  • The most important factor to the process of political socialization is family.

  • Party identification is strongly linked with the family’ political beliefs.

  • Source of political information.

  • Education helps transmit norms, teach American civics, introduce students to political participation and volunteering. 

• Civic & Religious Organizations.

  • Churches are influential because of doctrinal positions, sermons, social interaction among members.

  • Civic engagement helps group members develop skills and experience in organizing, public speaking, fundraising and interacting with government officials.

CHANGES IN IDEOLOGY:

GENERATIONAL & LIFE-CYCLE EFFECTS:

• Political views tend to change over the course of time.

• Generation Effect:

  • The impact of historical events experienced by a generation upon their political views.

PUBLIC OPINION:

PUBLIC OPINION:

• Public Opinion: The sum of individual attitudes about government, policies, and issues.

WHAT IS PUBLIC OPINION?:

• Two Components:

  • An individual’s own beliefs and attitudes.

  • The blending of these preferences into a larger concept.

• Americans are not well-informed about every complex political issue or current event, but still may have an opinion on the matter. Other cues aid citizens.

  • Party preferences.

  • Political ideology.

TRYING TO MEASURE PUBLIC OPINION ACCURATELY:

TRYING TO MEASURE PUBLIC OPINION ACCURATELY:

• Two basic requirements for an effective representative democracy:

  • Voters must have opinions and preferences that can be communicated to representatives.

  • Elections measure preferences.

  • Focus Group:

    • A small group of individuals assembled for a conversation about specific issues.

SCIENTIFIC POLL:

• What is needed for a scientific poll?:

  • Sample: A group of people from a larger population.

• Rep Sample: Sample that represents demographics of a population.

• Random Selection: A way of selecting participants in a way to prevent under/over representing any group. 

• Sampling Error: Margin Of Error - usually plus or minus 3%.

TYPES OF SURVEYS:

• Straw polls are not reliable.

• Entrance Survey: A poll conducted of people who are coming into an event.

• Exit Polls: Survey conducted following an event or at a polling place after individuals have voted, asking who or what individuals voted for and why.

• Benchmark Polls: A survey taken at the beginning of a political campaign in order to gauge support for a candidate and determine which issues are important to voters.

• Tracking Polls: Determine level of support for a candidate or issue over the length of a campaign.

SURVEY TECHNIQUES:

• Random Digit Dialing: Telephone numbers randomly generated to select survey respondents - which is risky.

• Question Order: The sequencing of questions can skew the answers that people provide.

• Question Wording: The phrasing of questions can guide people to answer in a specific way.

EVALUATING DATA

HOW POLLS ARE USED:

• Used by researchers, candidates, elected officials, interest groups, and media.

  • Interested in public policy to measure Americans’ viewpoints about government and politics.

• Public officials take opinion in account, but it’s not the only factor that determines policy outcomes.

• The US has a representative democracy, not a direct democracy.

PUBLIC OPINION & POLICYMAKING:

• In the early 1990’s, the public supported welfare reform.

  • Result: Personal Responsibility and Work Opportunity Act.

• Only three in ten Americans supported the Tax Cuts & Jobs Act, but it was passed by Congress in the fall of 2017.

  • Politically motivated by a Republican Congress, Republican president, interest groups and donors who wanted the results of the 2016 election manifested into policy.

IDEOLOGY & ECONOMIC POLICY MAKING

GOVERNMENT INTERVENTION IN THE ECONOMY:

• Adam Smith argued in favor of a free market economy.

  • Laissez-Faire: Economic policy in which governments intrude as little as possible in the economic transactions between citizens and businesses. 

    • Free Enterprise is a part of American political culture.

• Command-And-Control-Economy: Economic policy in which the government dictates much of the nation’s economic activity, including the amount of production and price for goods.

• Mixed Economy: An economic policy in which many economic conditions are left to individuals and businesses, with the government regulating economic activity.

  • The US has this.

MONITORING THE HEALTH OF THE ECONOMY:

• The health of the economy guides economic policy.

• Determined by:

  • Gross Domestic Policy (GDP): The total value of goods and services produced by an economy.

    • Two consecutive quarters of negative GDP growth = economic recession.

  • Unemployment Rate: The percentage of people actively looking for work who cannot find jobs.

• Inflation: The rise in the prices of goods and services.

• Consumer Price Index (CPI): The cost of a fixed basket of goods and services over time, used to measure the cost of living.

KEYNESIANISM THEORY:

• John Maynard Keynes, works published during the Great Depression.

• Effect of individual decisions with regard to saving and spending drives business cycles.

  • Boom = People spend more, invest unwisely.

  • Bust = Cut back on spending and investing, exacerbating contraction.

• Governmental policy, therefore, should be to inject more money into the economy.

  • Democrats support this (New Deal under FDR; Recovery Act under Obama.)

SUPPLY-SIDE THEORY:

• “Reaganomics”.

• Propose lower taxes on individuals and businesses.

  • Critics: Trickle-Down Economics: The wealthy will benefit, unlikely these benefits will make their way to individua;s not directly impacted by lower tax rates.

  • Proponents: Excessive taxation drags down the economy and growth of businesses.

• Republicans support supply-side.

  • Reagan, Bush, Trump tax cuts.

• Fiscal Policy: Government use of taxes and spending to attempt to lower unemployment, support economic growth, and stabilize the economy.

MONETARY POLICY

MONETARY POLICY:

• A set of economic policy tools designed to regulate the amount of money in the economy.

  • Too much money supply can lead to inflation.

• Federal Reserve System: A board of governors, Federal Reserve Banks, and member banks responsible for monetary policy.

  • “The Fed.”

  • Board members appointed by the president, confirmed by the Senate, serve for fixed terms.

  • Why is it important that members of “The Fed” serve for a term and cannot be removed without cause?

“THE FED”:

• Three main tools to influence the economy:

  • Buys and sells treasuries.

  • Sets the reserve rates that require banks to have a certain amount of deposits kept in reserve.

  • Influences interest rates banks pay to borrow money from the federal government.

• As the economy grows, the Fed uses tools to control inflation. 

IDEOLOGY & SOCIAL POLICY

THE FEDERAL GOVERNMENT & HEALTH CARE:

• The Great Society under LBJ created a social insurance program amending social security.

• Medicare: A federal program that provides health insurance to seniors and the disabled.

  • Social Security and Medicare = largest portion of the federal budget.

• Medicaid: A federal program that provides healthcare for the poor.

• As of 2012, the US had the highest medical care costs in the world.

PATIENT PROTECTION & AFFORDABLE CARE ACT:

• Signed in 2010 by President Obama.

• Overhauled the American healthcare system.

• Not popular among Republican party members.

  • Congresses have attempted to overturn unsuccessfully.

• More Americans had access to healthcare coverage.

• Liberals argue that healthcare should be made widely available.

• Conservative opposition - people should be responsible for making their own decisions, not be forced by the government.

SCHOOL CHOICE, COMPETITION, & THE MARKETS:

• Public education reform.

• School voucher programs.

  • Proponents - provide families with more school choice by providing vouchers to enable private or religious school attendance.

    • Mostly a conservative-held belief.

  • Opponents - vouchers drain much-needed monies from traditional public schools.

    • Denies public school children equality of opportunity.

    • Mostly a liberal-held belief.

UNIT FOUR

POLITICS OF CONGRESSIONAL ELECTIONS:

CONSTITUENCIES:

• Constituency: Body of voters.

• Single-member districts in the House.

• Senators represent the state.

• Apportionment: The process that we use to determine how many representatives a state will have.

• Redistricting occurs after each census, states redraw their boundaries of the districts - this has resulted in a practice known as gerrymandering.

GERRYMANDER:

• Gerrymandering: Intentional use of redistricting to benefit a specific interest group or group of voters.

TYPES OF GERRYMANDERING:

• Partisan: Drawing boundaries to benefit political parties.

• Racial: Increase chances of electing members of minority groups by grouping voters within specific districts.

• Cracking: Divides voters who tend to vote one way across multiple districts until they’re outnumbered by a majority of voters who will vote the opposite way.

• Packing: Groups voters who tend to vote one way into a few of the state’s districts. This decreases the chance of those voters changing the outcome of elections in other districts.

SUPREME COURT & DISTRICT BOUNDARIES:

• Baker V Carr: A 1962 Tennessee redraws boundaries so each district is somewhat equal in population. 

• Reynolds V Sims: A 1964 malapportionment is unconstitutional, and violates 14th equal protection clause.

• Gray V Sandras: In 1963, one person, one vote. 

• Shaw V Reno: In 1993, they ruled that states could only use race as a consideration in drawing boundaries. 

INCUMBENCY ADVANTAGE:

INCUMBENCY ADVANTAGE:

• Advantage: Held by those already in office who are trying to fend off challengers in an election.

• Experience + Money: Challengers need experience and money. Lack the knowledge & political organization. 

• Maximize The Advantage: Franking privilege, more media coverage, credit claiming, perform casework.

LEGISLATIVE COMMITTEES:

TYPES OF COMMITTEES:

• Standing: Most of the work is done here, permanent, consider legislation, provide oversight.

• Joint: Contain both members of the House/Senate, focus public attention on an issue.

• Select: Temporary bodies called to investigate an issue. 

• Conference: Temporary joint committee, iron out difference between House/Senate bills.

LEGISLATIVE LEADERSHIP:

LEADERSHIP IN THE HOUSE:

• Speaker Of The House: A constitutional position, in which they are elected by other members. They are next in line for presidency after the Vice President.

• Majority Leader: The assistant to the Speaker.

• Minority Leader: They coordinate the activity of the minority party.

• Whips: These people collect information about how members will vote. 

SENATE LEADERSHIP:

• President Pro Tempore: A constitutional position, in which they are the next in line for presidency after the Speaker Of The House. It’s a ceremonial position. 

• Majority Leader: They have the most power in the Senate, and are chosen from the majority party.

• Minority Leader: They are the leader of the opposition in the Senate. 

LEGISLATIVE DIFFERENCES:

• House Of Representatives:

  • House Rules Committee

  • Discharge petition

  • Committee of the whole

• Senate:

  • Hold

  • Filibuster & cloture

  • Unanimous consent

CONGRESS AND THE BUDGET:

• Office Of Management & Budget: The executive branch office that assists the president in setting national spending priorities.

• Entitlement Program: A program that provides benefits for those who qualify under the law, regardless of income. 

• Mandatory Spending: Spending required by existing laws that is ‘locked in’ the budget.

• Discretionary Spending: Spending for programs and policies at the discretion of Congress and the president.

• Budget Surplus: The amount of money remaining when the government takes in more than it spends.

• Budget Deficit: The shortfall when a government takes in less money than it spends.

• National Debt: The total amount of money owed by the federal government.

• The president proposes a budget for each federal fiscal year, and the Congress votes on the president’s proposals, typically after amending the budget. 

• The budget covers discretionary spending (money that can be allocated for any purpose) and mandatory spending (the majority of outlays, which are required to be paid). 

• The federal budget may result in a surplus or a deficit, although deficit spending is more common in recent years. 

• Social Security is the largest social program of the U.S. government and is an entitlement program that most Americans participate in.

SETTING THE FEDERAL BUDGET

• Mandatory Spending: Spending required by existing laws that is “locked in” the budget.

  • Entitlement Program: Program that provides benefits for those who qualify under the law, regardless of income.

• Interest on federal debt.

• Discretionary Spending: Spending for programs and policies at the discretion of Congress and the president.

  • Military, education, scientific research, agriculture. 

• Government takes in revenue via income taxes.

• Government spends money via the budget.

• Government spending less than government revenue = Surplus.

• Government spending greater than government revenue = Deficit.

• Over time, multiple deficits = debt. 

CHALLENGES OF REPRESENTATION:

• ACTING IN CONGRESS:

  • Members of Congress are pulled in a number of directions.

    • Constituents.

    • Political party.

    • Congressional staff.

    • Interest groups.

    • Donors.

    • President.

  • Theoretically, members are expected to vote with their constituents' viewpoints, but this is not always the case.

UNIT FIVE: 

PRESIDENCY

Presidency Basics:

• Selection: 

  • Electoral College disagreements based on small states fearing lack of effect, mistrust of the American people. Indirectly selected by electors apportioned to each state based on representation in Congress. 

• Term: 

  • Four years; no term limits. Two-term precedence was begun by Washington; 22nd Amendment made official.

• Qualifications: 

  • Three formal: Citizen (natural-born); 35 years old; live in US for 14 years prior to running.

INFORMAL QUALIFICATIONS FOR THE PRESIDENCY:

Powers Of The Presidency:

• Formal V Informal: 

  • Those given to the president explicitly (enumerated) v those necessary to carry out expressed powers. 

  • POTUS exhibits five key roles when executing powers:

    • Chief Executive, Chief Diplomat, Commander-In-Chief, legislative leader, and party leader.

Chief Executive: 

• Head of the executive branch - carries out the laws of the nation. 

  • Oversees bureaucracy.

  • “Vesting Clause.”

  • Oath of office - take care the laws are faithfully executed.

  • 15 Cabinet members oversee agencies.

    • Connection between the president and the bureaucracy.

    • Executive orders direct agencies.

Chief Diplomat: 

• Guides US foreign policy.

• Treaty-making power.

  • Treaty requires ⅔ of the Senate ratification.

• Symbolic head of the US.

  • As the head of state, makes deals with other heads of state.

• Has an advantage on the international state because they’re one person.

Chief Legislator: 

• Role as policy maker has expanded over time.

• State Of The Union Address: The annual speech from the president to Congress updating that branch on the state of national affairs. Lays out legislative agenda to mobilize public support.

• Veto: Formal rejection by the president of a bill.

• Pocket Veto: Informal veto caused when the president chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of session. 

Commander-In-Chief: 

• Top of the entire military chain of command, but a civilian.

  • The President protects the nation.

• Framers limited the war-making power.

  • Congress declares war.

• The President can respond to a threat more quickly than Congress.

LIMITS ON PRESIDENTIAL POWER:

LIMITS ON PRESIDENTIAL POWER:

• Presidents cannot accomplish most of their objectives without Congress. 

  • Congressional approval needed:

    • Pass laws and fund programs.

    • Confirm appointments (ambassadors, federal judges. Cabinet secretaries)

    • Treaty ratification (⅔)

    • Override veto (⅔ both chambers)

• Judicial review can overturn executive orders. 

WAR POWERS RESOLUTION:

• A law passed over President Nixon’s veto that restricts the power of the president to maintain troops in combat more than sixty days without congressional authorization. 

• Congressional attempt to reassert control over national security.

• Presidents have largely ignored, asserting the act is unconstitutional.

IMPEACHMENT:

• The process of removing a president from office, with articles of impeachment issued by a majority vote in the House Of Representatives, followed by a trial in the Senate, with two-thirds vote necessary to convict and remove.

  • “Treason, bribery or other high crimes and misdemeanors”.

  • House Of Representatives: article of impeachment charges the officeholder.

  • Senate: holds trial and convicts to remove. 

COURT DECISIONS:

• US v Nixon (1974) - the Supreme Court affirmed the power of Executive Privilege, but forced President Nixon to hand over audio recordings.

• Privilege balanced with rule of law in criminal investigations.

• SCOTUS can block executive orders.

• SCOTUS can uphold some parts of executive orders, and block others. 

INTRO TO BUREAUCRACY

Modern Presidency:

• Single person, but does not act alone.

• Oversees a large executive office.

• Presidential decision-making and execution of policy can be helped or hindered by lower-level bureaucrats, Congress, and public opinion.

Vice President:

• 12th Amendment - President and Vice President elected together. 

  • Amended original language, which made the highest second vote-getter in the election Vice President.

• Constitutionally: 

  • President Of The Senate.

  • Breaks a tie in the Senate.

• 25th Amendment - Vice President first in line in order of succession.

  • Overwhelmingly an unimportant post unless the president is unable to discharge the powers of the office.

Executive Office:

• The Modern Presidency:

  • (1) Initiates legislation.

  • (2) more delegated powers granted by Congress.

    • Trade policy; war-making.

  • (3) now the focus of public attention.

  • (4) large staff directly working for the president.

    • Executive office of the president (advisors)

      • OMB; Economic Advisors; National Security Council.

      • President’s Staff - loyal to him and his agenda. 

The Prez & The Congress:

• “Chief Of Party” = unofficial leader of political party.

  • Choose the leader of the party (DNC, RNC).

• The President must bargain and persuade with Congress to effectively execute the agenda.

• Work with party leaders on both sides.

• Serve a variety of constituencies.

• Can expand or constrain presidential power.

• Going public - a strategy where the president promotes himself and his policies in Washington by appealing directly to the people for support.

  • One of the greatest tools in mobilizing other branches to support an agenda.

• Bully Pulpit - appeal to the public to pressure other branches of government to support their policies.

  • State Of The Union; press events, social media.

• Singular figure can dominate airwaves.

Evaluation Of Presidential Performance:

• Approval rating: Pollsters take the national pulse on Americans’ view of how well their presidents are doing.

• Higher rating = more powerful persuasion.

• Strongest - 

  • Honeymoon Period (when first elected).

  • National economic or military crisis (“rally around the flag”).

THE FEDERAL BUREAUCRACY:

How The Bureaucracy Is Organized:

• Federal Bureaucracy: the departments and agencies within the executive branch that carry out the laws of the nation.

  • Simply meant to be an organization that carries out tasks.

• Americans have contact with the bureaucracy.

• Bureaucrats: officials employed within government agencies.

  • Are more involved with what Americans interact with in their daily lives.

  • Create regulations, demand safe products, fair labor practices, and environmentally conscious factories.

Development Of The American Federal Bureaucracy:

• Growth has been steady and gradual from a few departments and employees to thousands.

  • Increase in population, boundaries, demands.

  • Responses to crises increased size and scope.

• Constitutional basis - Article II.

  • The President must “execute”, bureaucracy created for that purpose.

  • “Require the Opinion, in writing of the principal Officer in each of the executive departments, upon any Subject relating to the Duties of their respective Offices.”

The First Administration & The First Cabinet Departments:

• George Washington administration had three cabinet departments:

  • State: Jefferson

  • War: Knox

  • Treasury: Hamilton

  • Attorney General

• Meant to be advisory bodies to the president.

• Now there are 15 cabinet departments - created by Congress over time.

The Jacksonian Era & The Rise Of Political Patronage:

• Political Patronage: filling administrative positions as a reward for support rather than merit.

  • Meant to help standardize procedures with a constant rotation of office.

• Replaced with merit based system: a system of hiring and promotion based on competitive testing results, education and other qualifications, after the passage of the Pendleton Act Of 1883. 

The Structure Of The Modern Federal Bureaucracy:

• Complex web of organizations.

• The President appoints (with Senate confirmation) top level bureaucrats tasked with directing agencies, departments, bureaus.

• Main administrative units are fifteen cabinet departments.

  • Responsible for major areas of public policy.

  • Congress sets funds.

  • Pulled in multiple directions.

    • Appointed by the President, funded by Congress, pressure from interest groups and citizens.

Federal Bureaucrats:

• Executive Political Appointees (Cabinet Secretaries: deputy secretaries).

• Senior Executive Service (SES) (Expected to use their authority to achieve concrete results).

• Career Civil Servants: (Job rank clearly defined according to GS levels. Hired based on merit. Job protection from political processes). 

Iron Triangles & Issue Networks:

• Consists of three parts - the bureaucracy, Congress, and interest groups - each of which works with the other two to achieve their shared policy goals.

• Issue Network: the webs of influence between interest groups, policymakers and policy advocates.

  • Temporary, address a specific problem.

THE BUREAUCRACY AND POLICYMAKING:

• Key implementer of policy, but getting to the policy is complex and ever-changing.

• Defining the problem.

  • Getting on the policy agenda.

  • Getting policy debated and passed.

  • Discussion of finance.

• A long series of events take place before bureaucrats can do their job effectively.

Implementation, Rulemaking, Advising, & Representation

• Bureaucracy’s main function = implementation - putting into action the laws that Congress has passed.

• Implementation is complicated.

  • New policies are introduced into a body of existing policies.

  • New policies might be vague.

    • Leads to bureaucratic discretion: bureaucrats have some power to decide how a law is implemented.

  • Regulation: process through which the federal bureaucracy fills in critical details of a law.

Independent Regulatory & Independent Executive

• Over 100 agencies of the national government with regulatory powers.

  • Environmental Protection Agency.

  • Top officials serve at the pleasure of the president.

• 20 independent regulatory agencies, commissions.

  • Federal Communications Commission.

  • Commissioners serve for set terms.

  • More insulated from political influence.

  • Cabinet, Commissions, Executive Agencies, Corporations.

Bureaucratic Politics:

• Bureaucracy acts as a court to settle disputes between parties.

  • Bureaucratic adjudication.

• Restricted from engaging in political campaigns.

  • Hatch Act - can’t raise money for campaigns, prohibited from participating in federal campaigns or holding elected office.

  • Meant to separate official authority from partisan politics.

Presidential Checks On Bureaucracy:

• Authority divided among different branches, federal agencies answer to more than one overseer.

• The President

  • Formal Control

    • Appoint and remove individuals at the top layers.

      • Based on ideology and willingness to to carry out administration’s goals.

    • Write an annual budget.

    • Harder to control the lower level.

Congressional Checks On Bureaucracy:

• Senate confirmation of presidential appointees.

• Legislation terminates or creates agencies and programs

  • Sets goals, priorities and an organizational structure.

• Oversight

  • Congressional hearings

    • Members of bureaucracy may be required to testify before Congress, justifying their actions.

  • Government Accountability Office (GAO) - Monitors if funds are being spent appropriately.

  • Serves as a safeguard against future mistakes, and holds bureaucrats accountable for actions.

UNIT 6: THE JUDICIAL BRANCH

INTRODUCTION:

• Federal Judiciary: Branch of the federal government whose role is to interpret and apply the laws of the nation.

• Highest court is the Supreme Court of the US (SCOTUS).

• Judges are not elected at the federal level.

  • Life tenure.

• Federalist No. 78: “Least dangerous to the political rights of the Constitution” - Alexander Hamilton.

Judicial Independence From Money & Politics:

• An independent judiciary is essential for preserving liberty and upholding the checks and balances of the Constitution.

  • Appointment for life.

  • Salaries are protected.

• State judges are largely elected. 

  • Subject to campaign fundraising. 

  • Conflicts of interest exist at state level when justices handle cases in direct conflict with donors.

• Judicial independence = justices being impartial and untied to any one person or interest; but interpreters and appliers of the law.

Jackson’s Appointment To The Supreme Court:

• Political insulation from elections.

• President Biden nominated Ketanji Jackson in 2022 to replace Justice Kennedy (voted liberal).

  • Experiences: attended Harvard Law School, former federal public defender and litigator, judge with the US Court District Court Of DC and US Court Of Appeals.

THE CONSTITUTION & THE STRUCTURE OF THE JUDICIARY:

Article III: The Federal Judiciary In The Constitution:

• The only Supreme Court described in the Constitution.

  • Highest court in the land.

  • Supremacy over matters involving the Constitution and federal law.

  • Original Jurisdiction: the court has the authority to hear the case first.

  • Appellate Jurisdiction: the court has the authority to review the decision of a lower court, and overturn or revise that decision. 

• Lower courts created by Congress.

• Original/Appellate Jurisdiction:

  • Appellate Jurisdiction. 

  • Original Jurisdiction.

• Supreme Court.

  • 13 Court Of Appeal.

  • 14 District Courts.

Ratification: Anti Federalist Concerns & The Federalist Response:

• Opponents of the Constitution raised concerns about potential abuses of Courts.

• As federal power grew, individual rights and state power would diminish.

  • Federalist No. 78 by Alexander Hamilton sought to reassure skeptics.

    • Members would stand apart from politics - impartial decisions.

    • No power of the purse or sword.*

    • Federal judiciary can only judge, therefore, there is no threat to liberty.

Congress Builds The Judiciary:

• Judiciary Act Of 1789.

• Congress created the structure of the lower federal judiciary and set the number of justices on the SCOTUS. 

Appointment To The Federal Judiciary:

• Nominated by POTUS; confirmed by majority vote in the Senate.

• Successfully placing a judge on the federal bench is a way for a president to have an enduring influence on the government long after the end of the president’s term.

Politics & The Supreme Court:

• There are no formal qualifications for the federal judiciary.

• Presidents shape policy for years to come with nominations.

  • Nominees are considered carefully based on many factors.

• Nominees closely share the president's judicial philosophy and constitutional interpretation.

John Marshall & The Power Of The Supreme Court:

• John Marshall was not the first Chief Justice, but was the first powerful chief justice of the Supreme Court.

• Marshall extended the power of the court beyond the written words of the Constitution.

The Election Of 1800:

• John Adams, Federalist, ran against his VP Thomas Jefferson, a Democratic-Republican.

• Each elector cast two votes; Jefferson and running mate Burr tied.

• The House Of Representatives, for the first time, had to select the President as a result.

  • Selected Thomas Jefferson.

• 12th Amendment - separated 

The Judiciary Act Of 1801: Appointments Signed, Sealed, But Not Delivered:

• Thomas Jefferson replaced John Adams and the Federalist Party.

• The Judiciary Act Of 1801 expanded the number of federal judges.

• Adams made “midnight appointments” to federal posts to preserve the influence of the party.

  • Some appointments did not get delivered, including William Marbury.

Politics & The Power Of The Supreme Court:

• Marshall, one of the midnight judges, now Chief Justice.

  • Longest-serving in US history (1801-1835).

  • Worked to strengthen the power of the national government and the independence of the court.

• In Marbury v Madison, Marshall had to weigh the political implications of his decision.

  • Didn’t want to appear weak to Republicans, or risk impeachment.

The Implications Of Marshall’s Decision:

• Marshall expanded the power of the court to interpret the Constitution.

• Cemented as a coequal branch with ability to exercise judicial review.

• Did not invent judicial review, just applied it with a decision.

• Under Marshall, the court used judicial review to overturn several state laws.

Marbury v Madison & The Establishment Of Judicial Review:

• Questions of the case:

  • Are the men entitled to their commissions?

  • Can the courts be forced by Marbury to deliver commissions?

  • Were Marbury and the other plaintiffs entitled to the remedy that they sought - the writ of mandamus?

    • Improperly given to the courts by Congress in the Judiciary Act Of 1789.

    • Congress changed the power of the SCOTUS - not a power of Congress, therefore Congress did something unconstitutional.

• Ruled part of the Judiciary Act Of 1789 invalid and established judicial review: the authority of the court to strike down a law or executive action if it conflicts with the Constitution.

ORGANIZATION OF THE FEDERAL JUDICIARY:

Criminal & Civil Cases:

• Both state and federal courts have jurisdiction over two categories of law.

• Criminal Law: A category of law covering actions determined to harm the community.

  • The government tries to prove guilt of the defendant.

• Civil Law: A category of law covering cases involving private rights and relationships between individuals and groups.

State Courts:

• Handle a vast majority of court cases in the US.

• Handle both criminal and civil cases.

• State court structure: trial courts of original jurisdiction, appellate courts with appellate jurisdiction, and state supreme courts.

• State judges elected or appointed (varies).

The Federal Court System:

• Three-layered pyramid.

  • Lowest level: Federal district courts.

    • Trial courts in the federal system; handling most of the work; original jurisdiction.

    • 94 in total.

  • Middle level: Federal courts of appeals.

    • 13 in total.

    • Appellate jurisdiction only; reviewing decisions made by district courts.

  • Top level: Supreme Court.

    • Resolves differences between the states, resolves different interpretations of the law.

    • 1 court; original and appellate.

    • Nine justices since 1869.

The Decision To Take Cases On Appeal:

• SCOTUS decides cases it wants to hear on appeal.

• Lower court litigants petition the court.

  • Between 8,000 and 9,000 appealed each year.

    • Court hears roughly 80.

• Rule Of Four: Four or more justices vote to hear cases on appeal.

  • Granted the Writ Of Certiorari if heard.

• Decisions establish precedent - acts as a basis for future decisions of similar circumstances (stare decisis).

Considering & Deciding On Cases:

• If granted the Writ Of Certiorari, both sides provide briefs laying out arguments.

• Non-parties submit an amicus curiae (friend of the court) briefs to influence decision.

• Decisions of the court: 

  • Majority Opinion: binding Supreme Court opinions, which serve as precedent for future cases.

  • Concurring Opinion: An opinion that agrees with the majority decision, offering different or additional reasoning that does not serve as precedent.

  • Dissenting Opinion: An opinion that disagrees with the majority opinion and does not serve as precedent.

THEORIES OF CONSTITUTIONAL INTERPRETATION:

Judicial Restraint:

• Philosophy of constitutional interpretation that justices should be cautious in overturning laws.

  • Defer to the judgment of the legislative and executive branches. 

  • Elected bodies represent majority rule.

  • Ruling against them sets an undemocratic precedence. 

  • Judges are not policy specialists, but legal and constitutional specialists.

    • Complexity of execution of decisions is beyond their scope.

Judicial Activism:

• Philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.

  • Other branches make mistakes, or trample over rights and liberties.

  • Often protects minorities by striking down the opinion of the majority.

  • Justices are free from concern about the popularity of their actions.

  • Active courts in the 1960’s struck down the discriminatory state laws that restricted civil rights.

Limitations On The Power Of The Supreme Court:

• Checks on the court:

  • POTUS nominates; Senate confirms.

  • Congress sets the size and jurisdiction.

  • Congress writes legislation modifying the impact of decisions. 

  • Lacks power of implementation.

    • Must rely on other branches to oversee decisions.

  • Appointed for life, but public opinion shapes the legitimacy of the court.

    • Abuse of power (judicial review) scrutinized.

The Supreme Court & Controversial Issues:

• Supreme Court rulings bring stability because they are applied everywhere.

• Courts do not have as much fear of controversial subjects - insulated from political pressure.

• Consider facts of the case and the letter of the law when ruling, not whether the public will be content.

UNIT 8: THE BILL OF RIGHTS

Introduction:

• Founding principles of American republic = individual liberty.

• Fundamental rights and freedoms the govt cannot restrict.

• Civil Liberties: Fundamental rights and freedoms protected from infringement by the government.

• Civil Rights: Protections from discrimination as a member of a particular group.

Selective Incorporation:

• The Bill Of Rights did NOT apply to the states.

  • Language specifically protects citizens from the FEDERAL government.

• The Bill Of Rights has been applied to the states over time and selectively.

• 1919 Gitlow v New York.

  • Charged under a New York anarchy law for distributing weekly newspapers criticizing America during WWI.

  • Argued the New York law violated his rights under the 14th amendment.

  • Court ruled with New York, but kick-started selective incorporation.

Applying The Bill Of Rights To State Laws & Actions:

• State laws and actions not subject to the Bill Of Rights.

• The 14th amendment (1868) laid the foundation for extending the protections of the Bill Of Rights to the state laws and actions.

  • Due Process Clause: No state can deny a person “life, liberty, or the property without due process of law.”

  • There are limits to the states.

• Selective Incorporation: The piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill Of Rights also apply to state governments.

Religion: Establishment & Free Exercise:

• Protection for religious freedom and expression laid out in the first amendment. 

• Establishment Clause: Protection against the government requiring citizens to join or support a religion.

• Free Exercise Clause: Protection of the rights of individuals to exercise and express their religious beliefs.

The Establishment Clause & The Supreme Court:

• Engel v Vitale (1962):

  • SCOTUS ruled that school-sponsored prayer violated the establishment clause. 

Current Status Of Prayer In Public Schools:

• Students may not pray during instructional time, but may at their discretion during non-instructional time.

• May participate in organized religious student groups and clubs under the same rules as secular clubs.

• School officials may not encourage or discourage prayer, but may participate when not in their official capacity.

Government Involvement With Religion:

• “Lemon test” was created to set guidelines for what is permissible under the establishment clause.

• Lemon v Kurtzman (1971):

  • Programs that supplemented salaries of teachers and provided educational materials in religiously-based private schools for the purpose of teaching non-religious subjects. 

  • SCOTUS struck down both programs.

    • Money must be secular in purpose.

    • Effects must neither advance nor inhibit religion.

    • Must not foster excessive entanglement between government and religion.

Free Exercise & The Supreme Court:

• Americans can hold any religious belief and practice that belief feely.

• Wisconsin v Yoder:

  • Amish challenged the state of Wisconsin compulsory school attendance law that required children to attend school until the age of 16.

  • Violated their rights under free exercise because they believed that making their children attend high school went against their religion and way of life.

  • SCOTUS ruled with Yoder.

Speech, Press, Assembly & Petition:

• Freedom Of Expression: A fundamental right affirmed in the First Amendment to speak, publish and protest.

• Freedom of speech is not absolute.

  • State and federal governments have to show compelling government interest - a purpose important enough to justify infringement on liberties.

National Security & Political Expression:

• How do governments balance the needs of national security with the fundamental rights of political expression?

  • In times of war, political expression is often suppressed.

  • Espionage Act Of 1917.

• Schenck v United States (1919).

  • Printed and distributed anti-war leaflets encouraging young men to not comply with the military draft.

  • Restrictions on expression under the Espionage Act Of 1917 were permissible.

  • Clear and Present Danger test: Legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment.

The Press And National Security:

• Prior Restraint: The suppression of material prior to publication on the grounds that it might endanger national security.

• New York Times v United States (1971).

  • The Nixon administration attempted to prevent the New York Times and Washington Post from publishing classified materials (Pentagon Papers).

  • Free press fulfills an essential role in democracy.

  • The press is to serve the governed, not the governors.

Symbolic Speech:

• Protected expression in the form of images, signs, and other symbols.

• Tinker v Des Moines Independent Community School District (1969).

  • John and Mary-Beth Tinker wore black armbands to their public school to protest the Vietnam War.

  • Administration created a policy that students needed to remove them; if they refused, they would be suspended. The students were suspended as a result of wearing the armbands.

  • SCOTUS struck down the school ban, students’ rights do not stop at the schoolhouse gate.

Restrictions On Free Speech:

• Libel: An untrue written statement that injures a person’s reputation.

• Slander: An untrue spoken expression that injures a person’s reputation.

  • To win cases, an aggrieved party must prove that statements were made with the knowledge that they were untrue.

• New York Times v Sullivan (1964).

  • A Montgomery AL official won a $500,000 lawsuit against the New York Times for a full-page advertisement that the newspaper published accusing AL officials of using excessive force during student protests.

  • SCOTUS overturned the lower court ruling.

  • The advertisement was not published with ‘actual malice’. 

Hate Speech In The Community & On College Campuses:

• Hate speech is speech that has no other purpose but to express hatred, particularly towards members of a group identified by racial or ethnic identity, gender, or sexual orientation.

• Hate speech ordinances prohibiting the burning of crosses or Nazi swastikas have been overturned by the court.

• Campuses instituted hate speech codes for student conduct.

The Difficulty In Defining Obscenity & Pornography:

• Words, images or videos that depict sexual activity in an offensive manner and that lack any artistic manner.

• Roth v United States (1957).

  • Defined the standard for obscenity.

  • “Whether the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest.”

• Miller v California (1973).

  • Miller test - three criteria must be met for material to be obscene.

    • Material must be ‘patently offensive’.

    • ‘Utterly without redeeming social value.’

    • ‘Contemporary community standard’.

Regulating Time, Place, and Manner:

• The First Amendment grants special protections to free speech in public.
  Heavy burden placed on government attempts to restrict speech in the public forum.

• The government may impose reasonable restrictions on time, place and manner.

  • File permits before conducting marches.

  • Public order and safety.

The Second Amendment:

• Highly charged topic.

• Meaning not defined by the court until recently.

• District Of Columbia v Heller (2008).

  • Court overturned DC ban on handgun ownership for the purpose of self-defense within an individual’s home.

• McDonald v Chicago (2010).

  • Court overturned a Chicago ban on handgun ownership.

  • The right to bear arms is not less important than the other amendments.

    • “The Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home.”

The Rights Of Defendants:

• The Constitution provided some protection to those accused and convicted of crimes.

  • Ex-Post Facto: Laws criminalizing conduct that was legal at the time it occurred.

    • Cannot be punished for something if it wasn’t illegal when you did it.

  • Bills Of Attainder: A law passed by Congress punishing an individual without a trial.

    • Congress is not a court.

  • Writ Of Habeas Corpus: A document setting out reasons for an arrest or detention.

  • Procedural Due Process: A judicial standard requiring that fairness be applied to individuals equally.

The Fourth Amendment: Search, Seizure, Warrants & Evidence:

• The government must obtain a warrant before searching people or places.

  • Warrant: A document issued by a judge authorizing a search.

  • Probable Cause: Reasonable suspicion that a crime has been committed or that there is evidence relevant to a criminal investigation.

• Mapp v Ohio (1961) established the exclusionary rule,  a rule  that evidence obtained without a warrant is inadmissible in court.

• The Fourth Amendment’s protections are not absolute.

  • “Reasonable suspicion.”

  • “In plain sight”.

The Fifth Amendment: The Grand Jury, Double Jeopardy, & Self-Incrimination:

• Procedural due process for criminal defendants. 

  • Grand Jury: A group of citizens who decide whether or not a person should be indicted on criminal charges and subsequently tried in court.

  • Double Jeopardy: Protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction. 

• Miranda v Arizona (1966) established Miranda Rights.

  • The right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity.

The Sixth Amendment: Trials, Juries, & Attorneys:

• Speedy trial, tried in front of an impartial jury, attorney present at trial.

• Right to an attorney extended to anyone unable to afford one in Gideon v Wainwright.

  • Robbery and conviction of Clarence Earl Gideon.

  • The Florida court denied his request for an attorney, and he defended himself.

  • Appealed, saying that the trial court violated his Sixth Amendment Rights. 

  • He won his appeal.

The Eighth Amendment: Bail & Punishment:

• Prohibits excessive bail, an amount of money posted as a security to allow defendants to be freed while awaiting trial, and cruel and unusual punishment.

• Death penalty cases most relevant.

  • Furman v Georgia (1972).

  • Gregg v Georgia (1976).

• Capital punishment is not cruel and unusual, but certain methods and situations could be restricted.

Privacy: The Use Of Contraceptives:

• Griswold v Connecticut (1965):

  • The Constitution protects the right to privacy.

  • Overturned a CT law which prohibited the provision of contraceptives and medical advice about contraceptive techniques.

• The Bill Of Rights implicitly protects privacy.

  • First, Third, Fourth and Ninth amendments.

Abortion As A Privacy Right:

• Opponents: violates their deeply-held religious conviction that terminating a pregnancy is murder of the unborn. 

• Proponents: women should have the right to choose whether or not to terminate a pregnancy.

• Roe v Wade (1973): 

  • Norma McCorvey, a single woman who lived in Dallas, TX, filed a lawsuit against the district attorney of the county.

  • She sought an abortion and to strike down a Texas law criminalizing the act.

  • She wanted a legal abortion but could not get one because her life was not in jeopardy and could not afford to travel somewhere where it was legal.

  • Ruling - the Constitution protects a woman’s right to obtain an abortion in the first three months of pregnancy.

    • “The right to privacy.”

• Dobbs v Jackson County Health (2022):

  • Mississippi law prohibited nearly all abortions after 15 weeks.

  • Question: Was this unconstitutional?

  • Opinion: the Constitution does not refer to a right to an abortion, Roe overturned.

  • Decisions on abortion rights left up to the states.

The Ninth Amendment: Rights Not Specified:

• Addresses one main worry about the Bill Of Rights - some rights might not be listed.

• Individuals have rights in addition to those expressly mentioned. 

Civil Rights:

• Protections from discrimination.

• 14th Amendment - equal protection clause.

• Government needs to act to protect civil rights.

Civil Rights Movement:

• 14th & 15th Amendments.

• Poll taxes.

• Grandfather clause.

• Jim Crow laws.

• NAACP.

• Martin Luther King Jr.

• ‘Letter from Birmingham jail’.

• Brown v Board .

• Civil Rights Act Of 1964.

• Voting Rights Act Of 1965.

Women’s Rights Movement:

• Women’s Suffrage Movement.

• 19th Amendment.

• National Organization For Women (NOW).

• Civil Rights Act Of 1964.

• Title IX.

• Equal Rights Amendment.

Americans With Disabilities:

• Through a series of protests (rallies and sit-ins), legislation was passed - first federal law to prohibit discrimination of against Americans with disabilities.

  • Section 504 of Rehabilitation Act Of 1973.

  • Americans With Disabilities Act (1990):

    • No discrimination in employment, buying goods and services, participating in government programs.

Affirmative Action:

• A policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender.

• Opponents - “reverse discrimination”. 

• Proponents - “necessary to ensure quality”. 

• Regents Of The University Of California v Bakke (1978).

  • Allan Bakke, who was white sued UC Berkeley after being denied admission to medical school.

  • Equal protection clause was violated because 16 minority seats were allocated for candidates he was more qualified than.

  • Court struck down quota systems, but upheld affirmative action.

• Gratz v Bollinger (2003):

  • University Of Michigan ranked undergraduate applicants on a points system, some based on race or ethnicity.

  • Court ruled the points system unconstitutional.

• Students For Fair Admission, Inc. v President & Fellows Of Harvard College (2023):

  • Court overturned years of precedent.

  • Chief Justice John Roberts explained that college admissions programs can consider race merely to allow an applicant to explain how their race influenced their character in a way that would have concrete effect on the university. But a student “must be treated based on his or her experiences as an individual - not on the basis of race.” -SCOTUS Blog.