The Ultimate Guide to AP United States Government and Politics (copy)

Unit 1: Foundations of American Democracy

Republicanism: supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation

The Declaration of Independence

  • A formal declaration of war between America and Great Britain

  • Written by Thomas Jefferson

  • List of grievances (“crimes” King George III committed against the colonies)

    • Used to explain why the colonies are declaring independence

  • Used as a template by other nations declaring independence

The Weaknesses of the Articles of Confederation

  • Accomplishments:

    • Created federalism: the way in which federal and state/regional governments Interact and share power

    • Ended the Revolutionary War on favorable terms for the United States (Treaty of Paris - 1783)

  • Weaknesses:

    • 1787: trade between states declined, monetary value dropped, foreign countries posed threats, social disorder throughout the country

      • Shays’ Rebellion

        • Major concern at the Constitutional Convention

        • Exposed issues with Articles of Confederation and showed necessity of a strong central government

    • Could not impose taxes (result of taxation without representation); only state governments could levy taxes

      • National government was in debt from the Revolutionary War had no way to pay for expenses

        • Could only acquire money by requesting it from states, borrowing from other governments, or selling lands in the West

    • No national military; could not draft soldiers

    • No national currency

    • No Supreme Court to interpret law

    • No executive branch to enforce laws

    • No control over taxes imposed between states and could not control interstate trade

    • Needed unanimous votes to amend the Articles

    • 9/13 states had to approve legislation before it was passed

    • Could not control states

    • No enforcement mechanisms/requests from within federal government

    • Needed to be revised

      • Constitutional Convention created Constitution

      • resulted in complete rewrite of the Articles => Constitution

The Constitutional Convention

brutus 1

  • critiqued the draft of the Constitution

  • National government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people

Federalist No. 10

  • Addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority

  • Argues that a large republic keeps any single faction from taking control

Federalist No. 51

  • Argued that separation of powers would make the government efficient, dividing responsibilities and tasks

Federalist No. 70

  • Argued that the executive branch should only have one member: the president

  • energy in the exectitve and there should only bve one executive

Federalist No. 78

  • Addressed concerns about the power of the judicial branch

  • Argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review

The Constitution as an Instrument of Government

Articles I-III: set up the three branches of government (in order):

  • Legislative branch

  • Executive branch

    • “The executive power shall be vested in a President of the United states of America”

      • Power to issue executive orders

        • Same effect as law, bypasses Congress in policy-making

        • Not mentioned in the Constitution

        • Used as part of the enforcement duties

        • Ex. Executive Order 9066: FDR ordered people (Japanese and German Americans) from a military zone

      • Executive agreements between country leaders are similar to treaties

        • Bypass ratification power of the Senate

  • Confederation: a system in which decisions are made by an external member-state legislation; decisions on daily issues are taken by special majorities, consensus, or unanimity

Powers Under Federalism

  • Denied powers:

    • Federal government:

      • Suspend writ of habeas corpus except during a national crisis

      • Pass ex post facto laws or issuance of bills of attainder

      • Impose export taxes

      • Use money from treasury without appropriations bill

      • Grant titles of nobility

    • State government:

      • Enter into treaties w/other countries

      • Declare war

      • Maintain an army

      • Print money

      • Pass ex post facto laws or issuance of bills of attainder

      • Grant titles of nobilities

      • Impose import or export duties

  • Grants:

    • Categorical grants: aid with strict rules from the federal government about how it is used

      • Used by those who favor federal power

    • Block grants: aid that lets the state use the money how it wants

      • Used by those who favor states’ rights

    • Federal government can still use techniques to make states follow federal law

      • Ex. direct orders, preemption

  • Advantages of federalism:

    • Mass participation (many can participate on many issues)

    • Regional autonomy (states still have some powers)

    • Multi-level government (local, state, federal; many politicians connected to supporters)

    • Innovative methods (states can experiment with policies)

    • Diffusion of power (no party domination)

    • Diversity in government

  • Disadvantages of federalism

    • Lack of consistency (differing policies creates inequality in states)

    • Inefficiency (overlapping/contradictory policies)

    • Bureaucracy (corruption/stalemate through spread-out power)

    • Resistance

    • Inequity (legislation/judicial outcomes)

Separation of Powers

  • President is empowered to negotiate treaties, but they cannot go into effect until approved by 2/3 of the Senate

      • Congress can override veto by passing a law with 2/3 majority in both houses

Unit 2: Interactions Among Branches of Government

Congress

Congressional Structure

  • Congress: the bicameral legislature for writing laws

    • Oversees bureaucracy, clarifies and codifies policy, represents citizens, build consensus

    • House of Representatives: a 435-member house, with members apportioned by each state’s population (designed to represent population)

    • Senate: a 100-member house, with 2 members per state (designed to represent states equally)

    • Census: a survey taken every 10 years to count population and determine the number of congressional districts each state has

      • Redistricting: the redrawing of district boundaries to ensure each district has an equal population done by state legislature

        • Gerrymandering: drawing district boundaries to give the majority party a future advantage

          • Does not apply for Iowa; uses an independent commission to draw district lines

          • Helps incumbents

        • Some states have such small populations that the entire state becomes a district

        • Each state is guaranteed one seat in the House

Congressional Elections

Congressional Districts and Representation

Voting Rights Act of 1965: encouraged states to increase minority representation in Congress

Non-legislative Tasks of Congress

  • Oversight: reviews federal agencies’ work (checks executive branch), investigates charges of corruption, holds hearings (experts and citizens discuss government issues and propose solutions)

    • Delegate Model (representational view): consider themselves delegates who mirror the views of their districts

    • Trustee Model (attitudinal view): some consider themselves trustees who should think about constituents’ views but use their judgement when making decisions

  • Electoral duties: House can elect next president if neither candidate gets 270 votes, Senate picks VP

  • Impeachment: House has power over impeachment; if majority votes to impeach an official, the Senate runs the impeachment trial and convicts/removes the official from office with 2/3 of Senate votes

  • Confirmation duties: Senate can approve both presidential appointments and federal officials

  • Ratification: only Senate can ratify treaties if 2/3 votes

    • Senate can influence international relations and foreign policy

  • Investigation: can be conducted by either a standing or committee and may last months while members gather evidence and witnesses

    • Majority lead to new legislation to address the issue, changes in programs, or officials’ removal from office

Legislative Process

  • Slow and complicated

    • Prevents decisions from being made too quickly

    • Facilitates compromise and communication between both sides

  • Bills

    • 10,000 bills introduced every year

      • Some written by Congress members and staff

      • Others are written by executive branch and introduced by Congress members

        • Many are written or suggested by interest groups + lawyers

    • Can only be proposed by a Congress member (the sponsor of the bill)

    • Requires two houses to work together

      • Both houses must pass the same bills

      • Different debate and voting processes

      • House of Representatives:

        • Debates about bills are limited in House of Representatives (too many people)

        • Rules Committee: determines how long a bill will be debated and whether open or closed rules for amending bills are allowed

          • Open rules allow amendments

          • Closed rules forbid amendments

          • Republicans (majority) in 1994 promised open rules for most bills

          • Considered most powerful committee in House

          • Can kill a bill by postponing vote or make it easy for an opponent to add killer (poison-pill) amendments

          • Can bring bills up for immediate vote

      • Senate:

        • Does not strictly control debate, no time constraints

        • Filibuster: used to delay bill’s vote and tie up Senate’s work, usually by a senator making a very long speech

          • Can happen without speeches

          • Senate majority may require a traditional filibuster if needed

          • Cloture: the vote which is the only way to end a filibuster, requires votes of 60 members

        • No closed rules

          • Riders: amendments, do not have to be relevant to bill, allow senators to add amendments

            • Pork barrels: “pet project” riders created to get money to a home state

            • Earmark: provisions in legislation that allot money to a project (appropriation and authorization bills)

              • Not allowed by House

      • Conference committee: committee each house’s version of a bill is sent to which come from the committees of each house that wrote the bill

        • Attempts to negotiate compromise bill

        • Compromise bill returns to both houses for voting

        • Failure to pass a compromise bill will kill it

        • Sent to White House if passed for presidential approval

    • President:

      • Bill becomes law after 10 days if president does nothing regardless of signature

      • Bill is pocket vetoed if president doesn’t sign every bill into law and congressional session ends during 10 days

      • President can veto entire bill if congressional session doesn’t end in 10 days and gives reasons for vetoing

        • Both houses can override veto by a two-thirds vote

        • Houses can also make any required changes

        • If house of origin does nothing with veto, bill is dead

      • Line-item veto: given to President Clinton in 1996 by Congress, allowed the president to veto certain parts of a bill

        • Clinton v. City of New York(1998): the Supreme Court struck down the line-item veto as an unconstitutional power of the president

      • Congress has tried to give itself veto power over the president

        • Wrote legislation giving Congress ability to void presidential actions by a vote of the houses

        • INS v. Chadha(1983): Supreme Court declared legislative veto unconstitutional

Legislation by Committee

  • Most legislative activities by Congress are in committees

  • Committee members are determined by many factors

    • Majority party of each house holds all committee chairs

      • Also holds most seats on each committee (2/3 on important committees)

      • Oldest/most experience member of majority party is chair and senior member from minority party is ranking member

        • Ranking member becomes chair if minority party becomes majority party

    • Assignments determined by House and Senate leaders + both parties’ caucus

      • Try to get on committees that will help them help the constituents the most and with reelection

  • Investigate and debate bills that otherwise wouldn’t be considered due to time

    • Call interested parties and expert witnesses (often lobbyists)

      • Congress can subpoena witnesses

    • After investigations committees amend and rewrite parts of bills in meetings known as markup sessions

    • Often first assigned to subcommittee for consideration

      • Often determine how money is spent

      • Most die because of lack of interest

    • Membership of committee and subcommittee is crucial

      • Bills written to appeal to certain committees

    • Can refuse to vote a bill out

      • Pigeonholed: a bill stuck in a committee

      • Discharge petition: the way to force a bill out of committee for a floor vote

  • Oversee bureaucratic agencies and departments

  • Heads of agencies often appear before congressional committees

  • Can subpoena witnesses (legally requires individuals to appear or produce requested documents)

  • Can hear testimony from agency heads asking for money or people

  • House has more committees and are more specialized because each member serves on fewer committees

  • Types of committees:

    • Standing committees: permanent, specialized

      • Ex. House Ways and Means, Senate Judiciary, Senate Armed Services

      • 17 in the Senate, 20 in the House

    • Joint committees: made up of members of both houses

      • Normally used for investigations or communicating with the public

    • Select committees: temporary committees created in each house for a special reason

      • Usually carry out investigations to write special bills

      • Ex. House Watergate Committee, Senate Select Committee on Unfair Practices

    • Conference committee: temporary committees made up of members from committees of both houses who wrote a bill

      • Try to create compromise bills, then submit to both houses

      • Disbanded once a compromise bill is negotiated

Congressional Leadership

The House

  • The leader is the speaker

    • Chosen by the majority party in an election

    • Can direct floor debate and has influence over committee assignment and the Rules Committee

    • Can control which bills are assigned to certain committees

  • Majority leader is in charge of party members, determines party policy and agenda

  • Minority leader is in charge of minority party members, determines party’s agenda

  • Majority and minority whips help their leaders keep members loyal to the agenda, coordinate members, and get support for legislation

The Senate

  • President of the Senate is the vice president, only official responsibility

    • Only votes to break a tie

  • President pro tempore is the temporary president when the VP is absent

    • Mostly honorary position

    • Usually given to oldest member of the majority party

  • Majority leader controls agenda and acts as policy initiator and power broker

    • Minority leader is similar, not policy initiator or agenda controller

Why Do They Vote That Way?

  • Pressure to influence vote from own party and opposition

  • President jawbones (tries to influence) and colleagues logroll (mutual help)

  • PACs, constituents, and interest groups donate to try to influence votes

  • Judgment can be affected by personal ideology and religion

  • Party affiliation is most important factor

Notable Legislation

Rights and Freedoms

  • Bipartisan Campaign Reform Act (2002): AKA McCain-Feingold Bill; banned soft money to national political parties and raised hard money limits to 2,000 dollars; SCOTUS struck down several parts of this law in Citizens United v. FEC, especially parts related to donations made by corporations

The President

The Formal Powers of the Presidency

  • Article II, Section 2 of the Constitution

  • Responsible for serving as the ceremonial head of state, handling foreign policy, and enforcing laws

  • Administrative head of government

  • Can force Congress into session, brief Congress on State of the Union, veto legislation

  • Must cooperate with Congress (checks and balances)

  • Can appoint federal judges, SCOTUS justices, ambassadors, and department secretaries that must be approved by the Senate

  • Negotiates treaties that must be ratified by 2/3 of the Senate

  • Executive agreements do not require Senate approval, agreements between country leaders

The President as Commander in Chief

  • Commander in chief of the armed forces

  • Only Congress can declare war, but president can make war

  • Can mobilize armed forces

  • Chief strategist and director of military

  • Relies on Congress for money

  • Gulf of Tonkin Resolution (1964): gave president broad powers to bring unlimited troops for unlimited time to Vietnam

  • War Powers Act (1973): passed in an attempt to make president get congressional approval before making war, limiting president to 10,000 troops or 60 days and 30 additional days to withdraw

The Informal Powers

  • Build morale

  • Lead legislation and build coalitions

    • Set legislative agenda

    • Important when government is divided

  • Chief of party

    • Influence on party’s agenda, issues, policy, strategy, and direction

    • Divided government: when the president and majorities in houses are not from the same political party

    • Unified government: when the house majorities and the president are from the same political party

  • Persuade policy and communicate to Congress and the country

    • Bully pulpit lets the president speak with the American people and helps them to pressure Congress

  • Theories about how the president chooses to use power:

    • Literalist doctrine: president only has the powers listed in Article II of the Constitution and should not use power that is not granted; not followed by any president 1920s

    • Stewardship doctrine: gives the president the ability to use power in multiple ways and arenas; free to use any power not denied to them by the Constitution; increases power of president

    • Unitary executive theory: gives executive branch nearly unlimited power to develop any policy that is necessary

Executive Office of the President

  • Helps carry out president’s administrative responsibilities

  • Made up of agencies involved in the White House, divided into domestic, foreign, and military areas

  • Chief of staff: top aid to the president; very trustworthy and known for a long time; considered extremely powerful, manages Executive Office, controls access to president (+ information received by president)

  • National Security Counsel (NSC): headed by national security advisor, direct access to president in situations related to the military or foreign policy; involved during national emergencies, free from congressional oversight, favored by president

  • Domestic Policy Counsel: helps the president create policies related to agriculture, education, energy, natural resources, drug abuse, crime, health, the economy, and welfare

  • Office of Management and Budget (OMB): prepares US budget and used to control/manage executive agencies; very powerful because it is able to fund cabinet departments and control the department’s effectiveness

  • Council of Economic Advisors: helps the president make economic policy; made of economists to advise president

  • US trade representative: negotiates trade and tariff agreements with help from the White House

The Cabinet

  • Created through custom and usage, not by the Constitution

  • Cabinet departments created by acts of Congress to control executive branch responsibilities

  • Cabinet secretaries appointed by president + approved by Senate

    • Able to be dismissed by president

    • Run departments, carry out policies

    • Used to deflect criticism and explain/promote policy

    • Fight for their own department => friction between departments

      • Presidents don’t usually hold full cabinet meetings

  • 15 cabinet departments in total (latest: Department of Homeland Security, created after 9/11)

Impeachment

  • Gives Congress the ability to remove president for crimes

    • Crimes undefined by Constitution-- up to legislative branch to decide

  • House of Representatives impeaches president (brings charges) by majority vote

  • Senate holds trial with Chief Justice presiding if impeachment passes w/two-thirds vote to remove president

  • Political disagreement over when impeachment should be used

    • Every impeachment has divided Congress between parties

  • No president has been removed from office

    • House impeached Andrew Johnson for violating Tenure in Office Act, Senate fell one vote short of removing him from office

    • Watergate scandal caused Richard Nixon to resign before impeachment could begin

    • Impeachment of Bill Clinton for lying under oath was political, slim chance of Senate conviction

    • Donald Trump impeached for abuse and power and obstruction of Congress, but not convicted by Senate

  • Federal judges can only be removed by impeachment and have lifetime terms

    • Only 8 have ever been removed

The Judiciary and the Law

American Legal Principles

  • Equal justice under the law

  • Due process of law

    • Substantive due process: whether laws are fair

      • Bill of Rights, 14th Amendment, Constitution

    • Procedural due process: whether laws are applied fairly

  • Adversarial system

    • Both sides must be represented

    • Opposite = inquisitorial system

  • Presumption of innocence

    • Innocent until proven guilty

Types of Law

  • Most legal cases involve civil law or criminal law

    Criminal law vs. civil law

  • Criminal law involves crimes that harm others

    • Suspect arrested and to be indicted by grand jury (24-48 jurors, decide whether or not trial should begin

    • If accused is indicted they have the option of plea bargaining with the prosecution to agree to a less serious crime and sentence

      • Most cases end in plea bargains

    • State/US opposes accused in criminal trials

      • Prosecution should prove guilt beyond a reasonable doubt

      • Held before petit juries (12 people), decision known as verdict

        • Guilty verdict only returned if all 12 jurors vote to convict

        • Split jury = “hung jury”, results in a mistrial

  • Civil law solves conflicts over custody, contracts, property, or issue of liability

    • Government is not involved unless it is being sued

    • No prosecution

    • Plaintiff vs. defendant in civil court

    • Case moves forward if judge/jury thinks complaint has merit, settlement is used to avoid trial

      • Settlement = how much each party is willing to give up

    • Plaintiff only needs to show that a preponderance of evidence favors their side (~51% of evidence)

    • Juries can be made of as few as 5-6 members

    • Winning can result in payment of monetary damages or equity (loser forced to stop doing something that was annoying or harmful)

Structure and Jurisdiction

  • Federal courts responsible for interpreting/settling disputes from federal law

  • State courts responsible for interpreting/settling disputes from state law

  • Three levels of federal courts:

    • Federal District Courts: have original jurisdiction

    • Federal Circuit Court of Appeals: hear cases on appeal from District Courts

    • Supreme Court: hears appeals of cases dealing with the constitution from Circuit Courts and suits between states or cases involving foreign ministers

      • No jury

      • Collegial court - decisions made by 9 justices

      • Acts in appellate jurisdiction, can only decide issues of law and not facts of a case

  • 94 Federal District Courts

    • Inferior to Supreme Court

    • Civil and criminal cases in original jurisdiction

    • Trial court that determines guilt/innocence is court of original jurisdiction

      • Heat evidence and use juries to decide verdict

    • dDecide liability in civil cases with monetary losses

      • Also have juries

      • Defendant can ask judge to decide a case, but a judge can refuse and force the defendant to have a jury trial

  • 13 Circuit Courts of Appeals

    • Hear cases on appeal from Federal District Courts or state Supreme Court

    • Someone has to claim that a federal constitutional right has been violated

    • Decide issues of law and not fact

    • No juries - decisions made by panels of appointed judges

    • Court of last resort, Supreme Court almost never hears cases appealed from the Circuit Courts

    • Origins of most Supreme Court justices

The Politics of the Judiciary

  • All judges are appointed by the president for life

  • Must go through confirmation process in Senate

  • Impeachment is only method of removal

  • Appointments have become political

    • Some presidents have required potential appointees to fill out a questionnaire to determine political/judicial ideology

    • Nominees almost always of same party as president

    • In nomination hearings before Senate Judiciary Committee, both parties try to determine how appointees would rule in cases dealing with their issues

    • American Bar Association evaluates nominee’s qualifications and interest groups often show their opinions

    • Senators in a state where an appointee will sit have exercised senatorial courtesy - submit a list of acceptable nominees to president

      • Expected only when president and senators are the same party

    • Ideological changes in Court’s makeup has resulted in new precedents and rejection of old precedents

      • More precedents overturned since 1950s than in 150 years

      • Courts are seen as the least democratic, when they overturn an act of legislature they are overruling the people’s will

        • Judges who are hesitant to overturn legislature practice judicial restraint

        • Liberals see judges as constitutional interpreters who reflect the people’s values

        • Judicial activist: a judge who will readily overturn an act of legislature

Process by Which Cases Reach the Supreme Court

  • If 4 justices agree to review lower court’s decisions, court issues a writ of certiorari - document used to request lower court transcripts of case

The Bureaucracy

  • Secretary of department at head of each “pyramid”

    • Appointed by president, approved by Senate

  • Independent agencies: generally normal bureaucracies with presidential oversight

  • Regulatory agencies/independent regulatory commissions: more independence, act as watchdogs over federal government; Congress and president are not supposed to interfere

  • Iron triangle: informal alliance made of three groups: particular industry + lobbyists, congressional committee dealing with that industry, and the agency that is affected

    • Groups that make iron triangle work together to create and implement policy

      • Lobbyists representing industries promote their agendas by claiming it is in the best interest of the American people

      • Special interests contribute money to congressional campaigns, large donators ask for help from representatives

      • Alliance/issue network: a close working relationship formed when

Unit 4: American Political Ideologies and Beliefs

Characteristics of Public Opinion

  • Characteristics:

    • Saliency: the degree to which an issue is important to a certain individual/group

    • Intensity: how strongly people feel about a particular issue

    • Stability: how much dimensions of public opinion change

  • Measured indirectly through elections, but hard to translate

  • Referendum submitted to popular vote to accept/reject a legislation, measures public opinion on specific issues

  • Public opinion polls measure public opinion most frequently and directly

Public Opinion and the Mass Media

Unit 5: Political Participation

Political Models of Voting Behavior

  • Rational choice: what is in the citizen’s individual interest

  • Retrospective voting: whether or not a party/candidate should be reelected based on their performance

  • Prospective voting: the potential performance of a party/candidate

  • Party-line voting: voting for candidates from a single political party for all office

Media Influence on Elections

  • News media provides voters with daily campaign information

    • Report on positions but concentrate on polls

      • Prefer information that changes regularly and can be reported quickly (horse race aspect)

  • Campaign advertisements provide more controlled look at candidates

    • Attempt to build a positive image w/public and belittle opponents through negative advertising (especially when public knows little about a candidate)

policy making

  • Can have three purposes:

    • Solving a social problem (crime rates, unemployment, poverty)

    • Countering threats (terrorism, war)

    • Pursuing an objective (building highways, curing cancer, space exploration)

Economic Policy

  • Mixed economies: made of capitalist free-market systems where government and private industry play a role

    • Keynesian economics: the government can smooth out business cycles by influencing individuals’ income amounts and the amounts businesses can spend on goods and services

      • New Deal - 1930s

Fiscal Policy

  • Government action of raising/lowering taxes, resulting in more/less consumer spending or enacting of government spending programs

  • Keynesians think that government should spend money on projects during economic downturns to inject money into economy

    • Prosperous economy = larger tax base

  • Deficit spending: funds raised by borrowing, not taxation

  • Supply-side: believe that government should cut taxes and spending on programs to stimulate more production

      • Mandatory spending: required by law to fund programs such as entitlement programs, Medicare, Social Security, payment on national debt, and veterans’ pensions

      • Discretionary spending: not required by law, programs include research grants, education, defense, highways, and all government operations

Domestic Policy

  • Types of social welfare programs:

    • Social insurance programs: national insurance programs to which employees and employers pay taxes; public believes that benefits have been earned because they pay into them

    • Public assistance programs: not paid for by recipients, result of condition and government responsibility to help the needy

Social Security

  • Entitlement program mandated by law in which government pays benefits to all people who meet requirements

  • Medicare provides assistance to people >65 for healthcare; can pay more doctor’s bills for retirees who pay additional tax on social security benefit

  • Medicaid provides medical/health-related services for low-income individuals; funded by states and federal government and managed/run by states