AP Government Flashcards

The NSL(est)

E
Roman Messali

Table of Contents

  • Unit 1 (Foundations of American Democracy) 2

  • Unit 2 (Interactions Among Branches of Government) 16

  • Unit 3 (Civil Liberties & Civil Rights) 38

  • Unit 4 (Citizens’ Beliefs and Political Ideology) 57

  • Unit 5 (Political Participation) 69

  • Foundational Documents For Arg FRQ 78

Unit 1 (Foundations of American Democracy)

Chapter 1 (Founding Principles)

  • Topic 1.1

  • Topic 1.2

  • Topic 1.3

Topic 1.1 - Ideals of Democracy

  • Enlightenment Thought - Natural Rights, Social Contract, Consent of the Governed

    • Thomas Hobbes - The Leviathan; Believed a strong absolute power was necessary for stability and order and preferable to the "natural" state of people = chaos; Also pushed for a social contract

    • John Locke - Second Treatise of Civil Government; Believed all people had inalienable, natural rights and pushed for consensual governance over monarchs

    • Jean Rousseau - The Social Contract; Describes the agreement between government and the people; Gov. secures natural rights and people follow law; Popular Sovereignty; the people are the ultimate ruling authority and elect officials to make laws; consent of the governed

    • Baron de Montesquieu - Spirit of the Laws; Described a republican form of government with large political liberties for citizens, limited government, and separation of powers (legislative, executive, judicial)

  • Republicanism - Limited, elected government assured natural rights for citizens and made decisions for the public interest; foundation of American gov.

Declaration of Independence

  • Drew from all these ideals and created a moral, legal justification for declaring independence from British

  • Classic Argument - Written or spoken argument to convince others to take a certain POV or action. The DOI claims popular sovereignty is the proper way for a gov. to work and that citizens, if unhappy with their current system, can abolish it and replace it with what they see as fit.

Articles of Confederation

  • First national government; confederacy of states (states power > federal gov power); weak fed gov

  • Weaknesses:

    • Fed gov couldn’t levy taxes

    • Couldn’t build an army

    • Couldn’t regulate commerce

  • Constitution - Established a system of checks and balances between different government branches with their own unique powers, created a differentiation between state & federal government, and created a balance between majority rule and minority rights

    • Representative Republic - Elect a President (through Electoral College) and Representatives in HOR to represent common interest. (State legislatures elected senators until 1913)

Topic 1.2 - Types of Democracy

  • Representative Democracy - Elected officials represent people’s concerns

  • Participatory Democracy - Direct democracy; people vote directly on laws; Framers believed is lt would be too hard to implement on the national scale; direct participation can be seen on the state/local level however

  • Pluralist Democracy - Variety of nongovernmental groups (interest groups) compete to influence policy; causes slow policy making b/c of competition but allows many groups to have a voice. Framers sought to limit outside influence with diversity in Representatives (districts) and the Electoral College

  • Elite Democracy - Representative democracy with elites having the most influence; proponents argue it creates a perhaps unequal, but competent government and spread of power. Framers sought to have popular participation but believed regular people would be swayed over by demagogues and would be unwise picks for policy making. All branches of government are an example of Elite democratic models.

  • Federalist No.10 - Argued that the Constitution limited the power of factionalism & personal gain/interest of representatives by creating a system of pluralist representation on different levels. Such would prevent the rule of the majority, one state, or one person.

Early Political Tensions

  • Federalist - Wanted to ratify the Constitution; Alexander Hamilton, James Madison, John Jay

    • Federalist Papers - Outlined the gov. the Constitution would create & gained support for it. Passed under the pseudonym Publius

  • Anti-Federalists - Opposed ratification of the Constitution as they believed it was implausible to have a national representative in such a large republic.

    • Brutus - Anti-federalist version of the Federalist Papers; written by Robert Yates & William Lansing under the pseudonym Brutus

    • Brutus No.1 - Argued a national representative system would be impossible to implement as competition between different groups would be inefficient and undermine local powers/solutions. Voters would also be extremely separated from their own electors due to factionalism and differing interests. Large gov. (necessary & proper clause, supremacy clause) would undermine personal liberties.

Representative Democracy Today

  • Participatory Democracy - Initiative (placing a measure on the ballot by petition) & referendum (voting directly on legislation) are implemented in local/state governments.

  • Pluralist Democracy - Strong differing interests in national, state, local levels. Companies, labor unions, interest groups (NAACP, AFL-CIO, NRA) compete for influence on legislation.

  • Elitist Democracy - Weakened by Progressive Era, but still very much present. Almost all government officials are of higher socio-economic status than the average person and have more access to government than less fortunate.

  • Others are mentioned here

Topic 1.3 - Government Power & Individual Liberties

  • Opposing Views on Const. Ratification - Federalists (Madison, Jay) argued that a stronger national government & a large population would protect minority rights; Federalist No. 10. Anti-Federalists argued (Patrick Henry, George Mason) a stronger federal government would undermine individual rights; Brutus No.1

  • Bill of Rights - Pushed for by Anti-Federalists as they believed, since the Constitution did not explicitly lay them out, they were not guaranteed; Federalists argued it was a given

Chapter 2 (The Constitution)

  • Topic 1.4

  • Topic 1.5

  • Topic 1.6

Topic 1.4 - Challenges of the AOC

  • Articles of Confederation - First American governmental system; held largely sovereign states together in a confederation (state power > federal power)

  • Structure: Unicameral system with one vote per states (2-7 reps); 9/13 votes for legislature to pass, 13/13 for amendments; extremely slow process

  • Congressional Powers: Engage in foreign policy, declare war, and acquire territory. Congress encouraged free-flow of trade between states.

  • Weaknesses of AOC

    • 9/13 states had to agree to pass legislature; slow policy-making process

    • 13/13 states needed to agree to amend; slow policy-making process

    • Congress couldn’t tax directly; no way to get revenue

    • Couldn’t raise an army (fed gov.); no way to protect/defend

    • No national court system; no Supreme Law

    • Congress couldn’t regulate interstate trade; economic disputes between states

  • Shays’ Rebellion - Rev. War veterans lost land due to high state taxes & insufficient veterans benefits; Daniel Shays led a rebellion which the national gov. couldn’t suppress; exposed weakness of AOC & led to

Topic 1.5 - Ratification of the Constitution

  • Constitutional Convention - Site of discussions over the ratification of the Const

  • Differing Interests

    • VA Plan - Written by James Madison; Three branch government with a Bicameral legislature; House based on population and Senate would be picked by House members; set the tone for the convention & for a strong gov.

      • Favored by large states

    • NJ Plan - Created limited & defined roles for the national government; no national court system & unicameral legislature; one vote per state

      • Favored by small states

    • The Great Compromise: Constitutional System: Bicameralism (HOR & Senate; HOR based on population, equal representation in Senate [picked by state legislature]), stronger President, & Supreme Court

    • 3/5s Compromise: Slave states wanted slaves to count for representation; non-slave states did not = 3/5 of slaves were counted for representation

Constitution

  • Article I - Vests powers of Congress; House members are picked through popular vote; Senators are picked by state legislatures (amended); longest one as the framers were most concerned with the legislative process

  • Article II - Vests powers of President; oversees U.S. military, manages foreign relations, can veto laws.

  • Article III - Vests powers of the Supreme Court; President appoints life-long Justices; make federal courts which have jurisdiction over federal laws, settle state disputes, and judge cases involving gov. officials; later given Judicial Review (not in Const)

  • Article IV - Full faith and credit clause; make state’s play nice with each other

  • Article V - Constitutional Amendments; require 3/4 of both houses & ¾ of state legislatures to approve; makes it hard to amend the Const. but not impossible

  • Article VI - Supremacy Clause; all states must adhere to the Constitution & national laws

    • Necessary & Proper Clause: (Elastic Clause) Gave the gov. the flexibility to adjust to unforeseen situations

  • Article VII - Ratification process for Constitution

  • Electoral College: Compromise between large & small states; set a group of electors for each state (HOR members + Senators); states (elites) pick the president; not the popular vote

  • Commerce Compromise: Allowed gov. to impose a tariff on imports only & the ability to regulate interstate commerce

  • Principles - Created a Representative Republic which maintained a federal system, but put more emphasis on the national government. Sought to create a limited, yet flexible government

  • Bill of Rights - Anti-federalists (George Mason & Jefferson) pushed for a Bill of Rights which was not included. Pro-Constitutionalists (Madison) believed a Bill of Rights was useless (“parchment barriers”) &, by listing rights the gov. could not take away, new fundamental rights could be overlooked & taken away.

Topic 1.6 - Principles of American Government

  • Bill of Rights

    • I - Freedom of religions, speech, press, assembly, & petition

    • II - Right to bear arms

    • III - No quartering of troops

    • IV - No unreasonable searches or seizures

    • V - Indictment, double jeopardy, protection against self-incrimination, due process

    • VI - Speedy trial by public jury

    • VII - Lawsuits & juries

    • VIII - No cruel or unusual punishments

    • IX - Listing rights in the Constitution doesn’t deny others

    • X - Everything not mentioned goes to states

  • Constitutional Debates Today - Governmental laws & policies balancing order & liberty are based on the U.S. Constitution

    • No Child Left Behind Act - 2002; called for improvements & set national standards for teaching methods, testing, and sanctions for underperforming schools; received widespread criticism as 80% of schools did not meet standards

    • Every Student Succeeds Act: 2015; allowed for states to determine own standards in accordance with the Department of Education

    • Patriot Act - Passed after 9/11; allowed for intelligence to gather information on suspects, detain immigrants for longer than due, and monitor emails; raised concerns over protection of privacy and Fourth Amendment

    • Education - Debates have arisen over federal intervention in education; 10th Amendment; Cold War led federal gov. to start caring about education

Judicial Branch

  • Federalist No. 51 - “If men were angels, no government would be necessary”; Publius argues a separation of powers will guard against tyranny and allow for each branch to have its own autonomy. Publius also points out that a separation of powers, principles, and tenure will be necessary for the legislative branch since it will naturally predominate.

  • Legislative Branch - Congress; 435 House representatives & 100 senators make laws, determine how to fund the government, and shape foreign policy. Each chamber contains several committees on specific topics in policymaking, in which 10-40 members oversee.

    • Employees - Congress also contains thousands of bureaucratic employees who write the bills, research data, and manage campaigns

    • Access Points

      • Stakeholders - People or groups which influence politicians as interest groups and lobby lawmakers for policy in their interest

      • Constituents - Citizens can contact their representatives/senators through email, calls, or mail to make their voices heard, as well as stay up to date on policy with C-Span and the Congressional Research Service.

  • Executive Branch - President, VP, & Cabinet; all enforce law and represent the U.S. in foreign policy

    • Access Points - Most access to the Executive Branch is done through its agencies; reporting someone to the FBI, submitting complains through the EEOC (Equal Employment Opportunity Commission)

  • Judicial Branch - U.S. Supreme Court, lower appeals courts, and trial courts below; the Supreme Court and lower courts exercise judicial review to check the constitutionality of a law.

    • Access Points - Citizens use federal courts through lawsuits; challenge government action, appeal wrongful convictions, or question public policy.

  • Separation of Powers - Delusion of power through all three branches and through the legislative branch between both chambers. Framers put this system in place to avoid tyrannous majorities

  • Checks and Balances - Each branch can limit one another

    • Lawmaking

      • Bills must be passed through both houses of Congress with a simple majority (50% + 1 (VP))

      • President must approve of laws and can veto it (Article 1, Section 7)

        • Bill will pass if President does not take action in 10 days; pocket veto can happen if the President does nothing near the end of a legislative session

        • Congress can override veto with a super majority (23{2\over3}) in each house

    • Appointments

Checks and Balances

  • The U.S. The Constitution establishes a system of checks and balances among branches of governments and dilutes power between federal & state governments. Based on majority rule and minority rights.

    • Advice and Consent; Senate can suggest appointees; though appoint cabinet members and Supreme Court Justices based off President’s nominations; Senate committees hold confirmation hearings; simple majority is needed on Senate floor to appoint someone after

    • Impeachment; power given to House of Reps. to accuse the President, federal judges, or federal officials of wrongdoing and initiate a trial (Article I, Section 2); Senate then holds trial with Chief Justice presiding; needs a 23\frac{2}{3} majority to remove someone from office

Federalism

Topic 1.7 - Relationship Between States & Federal Government

  • Tenth Amendment - Powers not delegated to the federal gov. are given to the states; pushed for by Anti-federalists; affects things like schools, police, etc.

  • Categorical Grants - Categorical Grants with Strings, conditions of aid, given with particular congressional guidelines are now the norm; usually susceptible to lobbying, interest groups, and partisanship; limits power of states

Chapter 3 (Federalism)

  • Topic 1.7

  • Topic 1.8

  • Topic 1.9

  • Federalism - The sharing of powers between national and state govs; U.S. Constitution created a federal republic system with a system of checks and balances between federal and state governments.

  • Constitutional Provisions

    • Article VI; supremacy clause makes national law, treaties, and presidential actions above state laws

    • Article IV; full faith and credit, privileges and immunities, extradition clauses; states must give full faith and credit to laws in respect to other states; must give non-residents the same privileges and immunities as residents (other than public college tuition); must return fugitive criminals to their original state (extradition clause)

  • Exclusive Powers - Powers given exclusively to the fed gov. to create consistency in the nation (standard measures, national currency, etc.); allowing Congress to create a military, interstate commerce, international affairs, etc. (Article I)

  • Police Powers - Power reserved to states to create laws to create police, run elections, enforce marriage laws, deliver health systems, safety, and enforce morals.

  • Concurrent Powers - Power held by both state & fed gov; levy taxes, define crimes, run courts, and enforce laws

  • Overlap - Marriage laws; Defense of Marriage Act (1996) defined marriage as between man & woman; states began creating their own laws allowing for same-sex marriages; arguements over Article IV & 10th Amend.; marriages could be recognized in one state but not the other; led to Obergefell v. Hodges (2015) decision; legalized same-sex marriage in the entire nation

  • Federal Grant Program - Congress spending revenue on funding states to fix issues; revenue sharing/fiscal federalism; usually used to incentivize states to address safety, crime, education, or civil rights; usually cedes a little power from states; have Constitutional limits: must be for “general welfare” of the public and must be unambiguous.

Federalism

  • Block Grants - Introduced in 1966; grants given for broader reasons; used particularly by Nixon who wanted greater separation; Comprehensive Employment and Training Act of 1973 (CETA) & Community Development Block Grant (CDBG); more state freedom, but less federal oversight of how funds are used.

  • Devolution - “New Federalism”; return to greater state power; popularized by Reagan; used more block grants to give states for power & set less regulations

    • Personal Responsibility and Work Opportunity Reconciliation Act - Restructured American welfare system to return authority and distribution to states; signed by Clinton; “the era of big government is over”

  • Mandates - Require states to comply with federal directive; unfunded - no funds were used, funded - funds were used to force states; can be issued by all three branches of gov; often used for civil rights, environmental protection, & societal needs; examples include;

    • Clean Air Act - Set requirements for states on pollution

    • Americans with Disabilities Act - Required public sector buildings and transportation to be accessible to people w/ disabilities

Topic 1.8 - Constitutional Interpretations of Federalism

  • Federal Power - Article I Section 8; enumerated powers: power to tax, borrow money, address piracy, define immigration, and…

    • Commerce Clause - Allows Congress to regulate interstate trade and international trade.

    • Necessary and Proper Clause - (Elastic Clause) Grants implicit powers to Congress; can “stretch” the Constitution to do what is “necessary & proper”

    • Section 9 - States what Congress cannot do; Congress cannot tax exported goods, take away the habeas corpus, pass bills of attainder (legislative acts declaring one’s guilt), create ex post facto laws (making something illegal after one has committed it), nor grant anyone the title of nobility.

  • State Power

    • Section 10 - Powers state legislatures are denied: cannot enter into treaties with other countries, coin money, or tax exports.

    • 10th Amendment - Any powers not delegated (expressed) to the federal government are given to states; reserved powers not specifically stated go to states

    • 14th Amendment - Promised anyone born or naturalized in the U.S. citizenship; prohibits state governments from creating laws that would deny people’s immunities and privileges under the amendment

Federalism Cases

  • McCulloch v. Maryland (1819)

    • Constitutional Question: Revolved around two central questions; can Congress create a bank? Can a state levy taxes on federal institutions?

    • Decision: Yes

    • Events: The state of Maryland implemented a large tax on banks not incorporated by the states to drive out national bank as Congress was never explicitly mentioned to have the power to create a national bank.

    • Reasoning A: Article I, Section 8, did not explicitly mention the creation of a bank, but did contain “coin money”, “borrow money”, “collect taxes”, “determine laws on bankruptcies” and “punish counterfeiting”, all of which would require banking to be a responsibility of the federal government & proponents argued it was part of the necessary & proper clause

    • Reasoning B: The Court declared that constitutional federal law will override state law; therefore states cannot tax federal institutions

    • Effects: Federal gov. has been able to use its implied powers to play a role in things like education, health, welfare, disaster relief, & economic planning. Later was used in Gibbons v Ogden (1824) - used Commerce Clause to certify Congress’ authority on commercial affairs

  • Dual Federalism - System used since the Gibbons Decision; the national government is supreme in its sphere, while states are equally supreme in their own sphere; allows both bodies to interact on things simultaneously;

    • Example: Article I states Congress can legislate on commerce “among the states”, but it also does not forbid states from regulating commerce in their own borders

    • Selective Exclusiveness - Congress may only regulate when the commodity requires national uniform rule/regulation as states maintain the right to regulate commerce in their own borders

    • Diminish of Dual Federalism - Slowly grew less effective with the Industrial Revolution and the creation of monopolies (early 20th century)

      • Examples:

        • FBI - created a national police

        • Improvements in Quality of Life - Labor regulations, action on crime, ensuring equality; Congress used regulation to push these actions since they don’t have the direct power to (Commerce Clause)

Early Commerce CLause Cases

  • Hammer v. Dagenhart - 1918l Congress passed a law prohibiting child labor (commerce clause); SCOTUS blocked it on the basis that child labor was in the sphere of manufacturing and not commerce; established a difference between manufacturing (the creation of goods) and commerce (the exchange of goods)

  • Mann Act - 1910; forbade the transportation of women across state lines for prostitution

  • Automobile Theft Act - 1915; made it a federal offense to drive a stolen car through state lines

  • State Lines - Congress can only regulate things going on the national scale (across state lines) through Commerce clause b/c of dual federalism

SCOTUS & Commerce Clause in the 1900s

  • U.S. v Darby - 1938; Upheld the Fair Labor Standards Act (1938) & overturned Dagenhart; concluded that the prohibition of the shipment of interstate goods made under substandard positions was in the power of Congress under the Commerce Clause and the Maryland Decision

  • U.S. v. Lopez (1995)

    • Constitutional Question: Does Congress have the authority under the commerce clause to outlaw guns near schools?

    • Decision: No

    • Events: Congress passed the Gun-Free School Zones Act in 1990 to reduce violence in schools; senior Lopez walked into school with a gun and brought the case to the Supreme Court on the grounds that the federal gov. has no right to regulate behavior in a state-run school.

    • Reasoning

      • Majority Opinion: Court sided with Lopez, not allowing Congress to invoke the Commerce Clause & only states & state legislatures could regulate behavior on state-run schools

      • Concurring Opinion: Justice Thomas argued that the Commerce Clause had been stretched too much; fearing Congress would be able to regulate every part of human behavior on the basis of interstate commerce

      • Dissenting Opinion: Justice Stevens argued the possession of guns is a result of commercial activity; therefore is under Commerce Clause; also argued school safety & quality affects commerce therefore Congress can intervene on the basis that its a human & commercial problem

    • Effect: Congress revised the Gun-Free School Zones Act; withholds federal funding for schools that do not adopt a zero-tolerance policy for guns

Environmentalism

  • Topic 1.9 - Federalism in Action

  • Environmental Policy- Multiple actors & institutiations interact to implement environmental policies; power is shared between fed. gov & state govs

    • Early Policy - Preservation of national parks by Teddy Roosevelt

    • EPA - Environmental Protection Agency; created in 1970 as concern over climate change & environmental regulation of business became an issue; EPA sets air quality standards for states, measures city pollution, & sets enforceable environmental guidelines.

    • Superfund - Created after a toxic waste disaster; acts as an insurance industries can pay into to prevent the bill from being on tax-payers

      • Criticism - Has been criticized for being an invasive agency; SCOTUS overturned an expensive regulation on chemical pollution in 2015

    • Clean Air & Water Act - 1972 amendments to the National Environ. Policy Act (1970); required for transportation & the discharge of pollutants in water supply to be regulated by the federal bureaucracy (EPA)

    • Kyoto Protocol - 1997; first major attempt to combat climate change; Clinton agreed to the treaty but a conservative Senate stopped officially joining; Bush dropped out of it in 2001

    • Paris Agreement - 2015; Obama issued an executive order to ratify the treaty; Trump pulled out w/ an executive order in 2017

    • State Initiatives - Liberal states continued to follow the Paris Agreement; CA set strict legislation on reducing carbon emissions; 10th Amendment @ work

Marijuana and Federalism

  • Marijuana - Liberty vs. Order Dispute

    • Congressional Policy - Early attempts attempted to tax Marijuana & Congress had criminalized it by the late 1930s

      • Controlled Substances Act - 1970; response to counterculture & part of Nixon’s War on Drugs; heavily punished marijuana dealers & users; placed marijuana in the same category as heroin & cocaine

    • Slow, but steady state-by-state process through referendum

    • Legalization - Nat. Org. for the Reform of Mar. Laws (NORML) 1970; interest group that pushed for the legalization of pot; some states began to decriminalize; California became the first state to legalize pot use in 1996 through a state referendum (participatory democracy)

    • Fed. vs. State Gov Debate - What happens when a state legalizes marijuana but the Controlled Substances Act remains national law?

      • Gonzales v. Raich - 2005; plaintiffs sued on the basis that (under 10th Amendment) states could determine drug legality; SCOTUS determined that federal law (under the Commerce Clause) would allow Congress to determine marijuana crimes

      • Current Stance - Under Obama, Attorney General declared federal resources would not be used to crack down on selling or using of pot in legalized states; Under Trump, Attorney General declared district attorneys would decide how federal marijuana policy is handled

Unit 2 (Interactions Among Branches of Government)

Chapter 4 (Congress)

  • Topic 2.1

  • Topic 2.2

  • Topic 2.3

  • Article I- Outlines the bicameral legislature; created to represent citizenry at large & states; laws need to pass both houses w/ a simple majority to be enacted; both houses play different roles:

    • Senators - Further away from their larger constituency (6 year terms) & have more constitutional responsibilities; used to be elected by state legislators but since the 17th Amendment are voted on directly

      • Senate Terms - Framers gave senators 6-year terms and made offset it so that ⅓ of senators were re-elected each two years to maintain consistency & order

    • Representatives - Work closer with their small constituency (2 year terms) & focus more on representing the majority to prevent abuses seen in the colonial era

    • Differences between House & Senate

    House

    Senate

    Qualifications

    ● At least 25

    ● Citizen for 7 years

    ● Resident of state where they are elected

    ● At least 30

    ● Citizen for 9 years

    ● Resident of state they represent

    Unique Powers

    ● Originates revenue bills

    ● Initiates impeachment

    ● Breaks tie for president in EC

    ● Provides “advice & consent” on treaties & appointments

    ● Handles impeachment trials

    Members & Terms

    ● 435 members

    ● 2-year terms

    ● Unlimited terms

    ● 100 members

    ● 6-year terms

    ● Unlimited terms

    Structures & Processes

    ● Centralized & hierarchical

    ● Majority controls agenda

    ● Limited debate time

    ● Powerful Speaker of the House

    ● Focus on revenue

    ● Less centralized

    ● Looser debate & filibuster

    ● Focus on foreign policy

    ● Leaders less powerful (except majority leaders)

  • Reapportionment Act - 1929; mandates that redistribution of congressional seats (in House of Reps) change according to decade census

  • Caucuses - Groups of like-minded lawmakers; groups gather to elect respective leaders, set legislative agendas, & name their committee members; Republican, Democrat causes; smaller or issue specific caucuses; Womens’ Rights, Business, Progressive, etc.

Powers of Congress

  • Enumerated Powers: specific powers expressed in Article I, Section 8

    • Power of the Purse - Power to raise revenue: tax; no money can be drawn from treasury w/o Congressional approval; Congress appropriates, spends, taxes revenue through lawmaking; President proposes annual budget & Congress & committees debate the budget

    • Regulating Commerce - Commerce Clause; Congress has regulated commerce for environmental issues, gun control, & healthcare; balanced by SCOTUS

    • Foreign & Military Affairs - Congress can raise armies, ratify treaties (⅔ votes in Senate), create a draft, & declare war; foreign policy is determined both by Congress & President, but only Congress can declare war (to stop a potential tyrannical president from declaring war); Congress cannot deploy troops or receive ambassadors

  • Implied Powers - Necessary and Proper clause (elastic clause) - Congress can enact laws “which shall be necessary and proper for carrying into Execution the foregoing Powers”; can stretch Constitution for necessary decisions; Maryland Decision

  • Committees - Not in the Const. but have been used in both houses since the beginning to tackle specific issues & draft precise laws & allow Congress members to use their expertise; bills must pass in committees before being voted on the floor

Topic 2.2 - Structure, Powers, & Functions of Congress

  • Leadership - Party caucuses in each chamber gather to assign leadership roles to guide party platform and policy; Constitutional leadership: Speaker of the House, President of the Senate, & President pro tempore of the Senate

  • House Leadership - Most to least powerful

    • Speaker of the House - Highest power in the house; picked by majority party; chairs debate, organizes members for conference committees, & has great influence in policy-making

    • House Majority/Minority Leaders - Lead house parties; direct debate inside party & arrange negotiations with other side; become party leaders & spokespersons

    • Whip - Deputy leader; keeps party together by communicating leadership views & tallying party votes; “keep party discipline”

  • Senate Leadership - Most to least powerful

    • Senate Majority Leader - Chief of legislator; first recognized in debate, sets legislative calendar, determines which bills reach the floor; guides majority party

    • Senate Whips - Essentially the same as House Whips

    • President of Senate - Vice President; casts tiebreaker vote

    • President Pro Tempore - Position held by the most senior member of the majority party; takes place of VP if VP is absent, signs legislation, issues the oath of office to new senators; 25th Amendment expanded the role of the pro tempore and states the pro tem assumes the position of VP if there is a vacancy

Congressional Committees

  • Standing Committees - Permanent committees which handle most congressional work (e.x. Energy & Commerce, Transportation & Infrastructure, confirmation hearings); committee chairpersons are senior members of majority party & vice chair is a senior member from minority party; majority party gets a majority of the committee seats & gets to guide legislation

    • Examples

      • House Judiciary Committee drafts crime bills, defines crimes, & impeachments

      • House Ways and Means Committee - Exclusive House committee which deals with tax policy1; important, highly-regarded committee

  • Joint Committees - Unite House & Senate members; committee to manage Library of Congress & Joint Committee on Taxation

  • Select Committees - Temporary, crisis committees; need approval before reporting legislation to the senate; e.x. 2012 terrorist attack on US Consulate in Benghazi, Energy Independence & Global Warming; 2019 select committee to study effects of slavery & possible reperations

  • Conference Committees - Temporary committees for figuring out nuance between slightly different bills from both houses; compromise & mark-ups are made to draft a final bill

  • Oversight Hearings - Hearings for executive agencies (e.x. FBI & TSA) for Congress to oversee operations, receive updates & reports, & investigate possible corruption

Congressional Rules

  • House Unique Rules - Outlined in Robert’s Rules of Order; order is controlled by Speaker

    • Germane Amendments - Only amendments that can be proposed in debate; small amendments that stick to the topic to limit individual speaking time

    • Rules Committee - Very powerful committee that can easily dispose of a bill & define debate guidelines; nothing reaches the floor without approval from Rules Committee

    • Committee of the Whole - Unique to the house; includes but doesn’t require all reps.; created to allow longer debate between fewer people under less formal rules; nonvoting delegates can also vote

    • Discharge Petition - A simple majority can vote to take a bill out of a slow or reluctant committee to the floor; cannot actually pass bill but stops minority from stopping a majority

  • Senate Unique Rules - Less centralized & hierarchical w/ fewer restrictions on debate

    • Filibuster - Speaking for an extremely long amount of time until the deadline for voting expires; blocks bill; can allow a minority to block a bill; in House only Speaker & party leaders can speak for unlimited time

      • Cloture

    • Unanimous Consent - Before action is taken, the Senate president may request unanimous consent to suspend debate and vote straight away; if anyone objects the unanimous consent motion is put on:

    • Hold; Allows senators to put a hold on a motion and bargain by. E.x. Woodrow Wilson’s request to enter WWI was held up by filibuster; called for a change in the rules

    • Cloture Rule - Rule 22; enables a supermajority (35\frac{3}{5}) to end debate on a bill and vote to stop filibusters; allows a minority to block a bill as 60 senators are needed for a cloture while 40 can maintain the filibuster (6040\frac{60}{40} vs. 5149\frac{51}{49})

    • Foreign Policy - Both houses have a foreign policy committee but only the Senate can ratify treaties & appoint ambassadors; Federalist No.75 explains why the Senate has more foreign power: the continuity (infrequent elections) in the Senate allow for reason & trust

  • Legislative Process

Congress and Revenue

  • CBO - Congressional Budget Office; non-partisan examiner of budget proposal & serves as a balance to the OMB

  • Introducing & Amending Bills - Bills are authored by staffers, lobbyists, White House liaisons, or Think Tanks; Bill’s Sponsor (Congress member) presents the bill &

  • Bills - Proposed laws; can only be introduced by Congress members; bills can be simple (one person) or complex bills w/ thousands of pages.

    • Riders Amendment - Additions to bills which often have nothing to do with the subject of the bill to pass a certain agenda.

  • Mark Up Sessions - Amending & redrafting a bill; committees either kill a bill or report it to the House/Senate floor.

    • Committee Recommendations - 4 options: report favorably (pass), unfavorable, amending w/ own recommendations, or pigeonholing (killing a bill).

  • House Floor Debate - Once a committee passes the bill it goes to Rules Committee (limits debate/amendments) before the House floor (votes to pass/reject).

  • Senate Floor Debate - Unrestricted debate unless there is a unanimous consent or Cloture vote.

  • Voting- Voice Vote -Quick voting option where house members call out their votes loudly to be audibly counted.

    • Roll Call Vote - Each member records their vote individually to be tallied.

    • Division Vote (Standing Vote) - Members stand to be counted for their affirmative vs.

Unit 3 (Civil Liberties & Civil Rights)
Chapter 6 (Civil Liberties)

  • Topic 3.1

  • Topic 3.2

  • Topic 3.3

Topic 3.1 - The Bill of Rights

  • The Bill of Rights - Protects citizens from governmental infringement- Judicial Review; Judicial Review not explicitly mentioned; established by Marbury v. Madison (1803)

    • Bill of Rights initially only limited the federal government not the states; states often created their own bills of rights

    • Selective Incorporation - Gitlow v. New York; Supreme Court addressed whether the 1st Amend. applies to states; SCOTUS upheld state law as Gitlow was inciting violence but established the Incorporation Doctrine = rights in Bill of Rights apply to states (through Due Process clause)

  • Free Exercise Clause - Prevents the gov from stopping religious practices; 1st Amend. protects the right to worship or not practice a religion w/o gov. intervention

  • Establishment Clause - Prevents the gov from establishing a religion;

    • Lemon Test - Lemon v. Kurtzman (1971) - Test for laws involving religion; laws must:

      • Have a secular purpose

      • Neither advance nor inhibit religion (neutral)

      • Not foster excessive entanglement

    • Engel v. Vitale (1962) - Declared school sponsorship of religious activities violates the establishment clause, even if it’s nondenominational & voluntary

    • Wisconsin v. Yoder (1972) - Requiring Amish students to attend school past 8th grade violates the free exercise clause: compelling interest of the state was not strong enough to overcome the right to free exercise

Topic 3.2 - First Amendment: Freedom of Speech

  • Freedom of Expression - 1st Amend.; protections of speech, press, assembly, & petition; protected forms of expressions are continually evolving through court cases & societal norms

  • Types of Speech- Protected Speech - Symbolic speech (Tinker v. Des Moines), hate speech (protected unless it incites violence), and protected by strict scrutiny (law must be narrowly tailored to serve a compelling gov. interest, least restrictive means for achieving that interest)

    • Unprotected Speech - Defamatory, threatening, or inciting violence (libel & slander), obscenity (Miller v. California)

  • Schenck v. United States (1919) - Speech creating a "clear and present danger" is not protected by the First Amendment; Congress can limit speech, especially during wartime. Speech which presents a clear/present danger lacks protection.

  • Tinker v. Des Moines Independent Community School District (1969) - Guarantees a student’s right to protest (wearing armbands) does not disrupt normal school day

  • New York Times Co. v. United States (1971) - The government cannot exercise prior restraint (stopping someone from publishing/speaking) unless it would cause an inevitable, direct, and immediate threat imperiling the safety of American forces

Topic 3.3 - Amendments: Balancing Individual Freedom with Public Order and Safety

  • Second Amendment - Militia (state), right to bear arms; controversial on whether the 2nd Amend. is specifically for state-funded militias or for general citizens; states can generally control what type of arms their citizens can have

    • McDonald v. City of Chicago (2010) - The Second Amendment right to bear arms for self-defense applies to the states (selectively incorporated, overturning the Slaughterhouse cases);

  • Fourth Amendment- Protects against unreasonable search and seizure; Exclusionary Rule - illegally obtained evidence cannot be used in court

  • Fifth Amendment - Right to grand jury indictment, no double jeopardy, protection against self-incrimination, & due process of law; Miranda v. Arizona (1966)

  • Sixth Amendment - Right to speedy & public trial, counsel, impartial jury, & to confront witnesses

  • Eighth Amendment - No excessive bail/fines or cruel and unusual punishments

Chapter 7 (Civil Rights)

  • Topic 3.4

  • Topic 3.5

  • Topic 3.6

Topic 3.4 - Equal Protection

  • Civil Rights - Protect groups from discimination; root cause is the 14th Amendment (equal protection clause)

  • Equal Protection Clause - No state shall deny to any person within its jurisdiction "the equal protection of the laws";

  • Standards of Scrutiny- Reasonable - Discrimination which has a rational/reasonable basis; often involving age, wealth, or mental capacity. EX: prohibiting drunk people from voting = is it reasonable?

    • Intermediate Scrutiny - Discrimination based on gender; EX: are male-only drafts const.?

    • Strict Scrutiny - Suspect classifications (race, ethnicity, origin, & religion); gov. must demonstrate the law is narrowly tailored, serves a compelling interest, and uses the least restrictive means. EX: can a school ban Muslim head-scarfs, even though there is no safety hazard?

  • Civil Rights Act of 1875 - Attempted to desegregate school, transportation, juries, and public accommodations

  • Civil Rights Cases (1883) - Rejected Civil Rights Act of 1875; the 14th Amendment prohibited governmental discriminatory acts, but not actions of private citizens.

  • Plessy v. Ferguson (1896) - Upheld state-imposed racial segregation; separate but equal; justified Jim Crow Laws

  • Jim Crow Laws - State and local laws enforcing racial segregation in the Southern United States.

  • Brown v. Board of Education(1954) - Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal;

  • Civil Rights Act of 1864- Prohibits discrimination based on race, color, religion, sex, or national origin.

    • Title VII; Banned employment discrimination on basis of gender, religion, race, or ethnicity (private & public)

    • Affirmative Action - A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities; increased federal action against private discrimination

Topic 3.5 - Applying Civil RIghts to Other Groups

  • Women’s RIghts - Early movement (abolitionist movements), Seneca Falls Convention (1848); emphasized suffrage (right to vote); 19th Amendment (1920; banned denying the right to vote based on sex)

  • Equal Pay Act of 1963 - mandated equal pay rates for men & women; did very little till 2009 w/ Lily Ledbetter Fair Pay Act

  • Title IX of Education Amendments of 1972 - Banned gender discrimination in schools (admissions, athletics, etc.)

  • LGBTQ+ Rights- Bowers v. Hardwick - States can ban homosexual acts

    • Romer v. Evans - Colorado cannot deny homosexuals accommodations

    • Obergefell v. Hodges (2015) - Legalized same-sex marriage nationwide

    • Defense of Marriage Act (DOMA) - Defined marriage as between one man & one woman, allowed states to refuse to recognize same-sex marriages granted under the laws of other states; SCOTUS deemed DOMA unconstitutional under the 5th Amendment (due process)

Topic 3.6 - Affirmative Action

  • Affirmative Action - Policies designed to give special attention to groups that have historically faced discrimination, in areas such as education and employment.

  • Regents of the University of California v. Bakke (1978) - Allan Bakke sued the University of California for not being admitted because the school reserved seats for minority applicants; SCOTUS upheld Bakke’s claim to be admitted into school; determined that schools can use affirmative action, but cannot use explicit quotas or set-asides

  • Gratz v. Bollinger - Struck down University of Michigan’s point system for undergrad applications on students from underrepresented racial groups; gave automatic points to racial minorities

  • Gratter v. Bollinger - Upheld University of Michigan’s law school admission policy; admission policy does not give a certain number of points based on race, but holistically reviews a student’s case

  • Strict Scrutiny of Affirmative Action - Since then, courts have been scrutinizing affirmative action- TX - Top 10%; if top 10% of high school is admitted, then there is an equal amount of blacks, whites, hispanics, and asians

Unit 4 (Citizens’ Beliefs and Political Ideology)
Chapter 8 (Political Socialization)

  • Topic 4.1

  • Topic 4.2

Topic 4.1 - Political Socialization

  • Political Socialization - The process by which people acquire their political beliefs & ideology;

  • Influences on Political Ideology - Family/Home; School; Peers; Media; Religion; Civic Organizations; Location

  • Generational Effects - Different generations often grow up supporting different policies due to different experiences; often more salient during times of crisis- EX: young people vote more w/ Dems b/c of acceptance of social change of racial & gender equality; young people favor more gov’t action to fix environment

    • EX: FDR supporters usually Democratic & continue to vote Dem. till death; 9/11 usually support strong measures post-9/11 & vote Rep.

    • EX: Coronavirus had large effects on American life & changed ideologies

  • Life Cycle Effects - Different views as people age- EX: Younger = less voter turnout, Older = more voter turnout

    • EX: Young adults usually focus on education & jobs, tend to be liberal. Older adults focus on retirement & healthcare/social security, more conservative

  • Public Opinion - How the population views certain issues; constant but changing

Topic 4.2 - Measuring Public Opinion

  • Opinion Polls- Benchmark Poll - Usually the first one done in a campaign; used to measure a candidate’s popularity & what issues resonate with people

    • Tracking Poll - A continuous poll to chart a candidate’s popularity over time

    • Entrance/Exit Poll - Done on election day; attempts to explain why people voted for a certain candidate

  • Sampling Techniques - Choosing the right people to poll will affect the accuracy of a poll; to reflect the country, there should be a wide arrange of people form different backgrounds for a relatively small sample size

  • Weighting/Stratification - Manipulating a poll so that the sample is representative of certain demographics in the country- EX: A poll contacts 1000 people (550 men, 450 women). The country is 51% women & 49% men. Results from women will be weighted more & men will be weighted less so that a poll truly represents a population.

  • Potential Errors- Margin of Error; all polls contain error due to sample size (higher sample size, lower margin of error)

    • Wording can affect a poll (push-polling pushes people negatively about a candidate)

    • Social Desirability Bias: People will lie on surveys to reflect well on themeselves (EX: voter turnout)

  • Keynesian Economics - (Mostly Democrat) Government should stimulate the economy by spending money, especially during recessions

  • Supply-Side Economics - (Mostly Republican) Government should cut taxes for corps and wealthy to stimulate production

Chapter 9 (Political Ideologies)

  • Topic 4.3

  • Topic 4.4

  • Ideology - Integrated set of ideas; some Americans are ideological while others are not

  • Partisanship - Political Preference/Party Allegiance; Parties use ideological labels to gain support & voters vote based on partisan labels more than individual stances; creates a division, but stability

Topic 4.3 - Political Ideologies

  • Conservatism - Emphasis on personal responsibility, limited government, free markets, individual liberty, traditional values, and a strong national defense. The role of gov. should be to provide freedom needed to pursue goals

  • Liberalism - Believe in government action to achieve equal opportunity and equality for all. It is the duty of the government to alleviate social ills and to protect civil liberties and individual and human rights. The role of the government should be to guarantee that no one is in need;

  • Political Culture - The dominant set of beliefs, customs, traditions, and values that define the relationship between citizens and government;

    • Individualism; belief in the fundamental worth and importance of the individual

    • Equality of opportunity; Americans generally believe that everyone should have an equal chance to succeed

    • Free Enterprise; belief in the right to compete freely in a market economy where government intervention is limited

    • Rule of Law; principle that government is based on a body of law applied equally and impartially and not on the whims of a ruler

    • Limited Government; political system in which government’s power is restricted by law, usually in a written constitution

  • Political Spectrum- Radical - Far Left

    • Liberal - Left

    • Moderate - Center

    • Conservative - Right

    • Reactionary - Far Right

Topic 4.4 - How Ideologies Relate to Policy

  • Views on Gov. Intervention in Economy - Conservatives; Laissez-Faire, free market economics, low taxes- Liberals; Government intervention in economy is necessary, higher taxes for welfare

    • Federal Reserve - Created by Congress to regulate monetary policy; controls interest rates, inflation, & the money supply; independent of political parties

  • Views on Social Order - Conservatives believe in traditional values & less government control- Liberals tend to favor more diversity, social tolerance, & more government control

Chapter 10 (Political Polarization)

  • Topic 4.5

  • Topic 4.6

Topic 4.5 - The Development of Parties

  • Rational Choice Voting - Voting based on what the voter believes is in their best interest

  • Party-Line Voting - Voting based on party identification; voting for one's political party across the board

  • Political Efficacy - Belief that political participation can affect politics;

  • Split-Ticket Voting- Voting for candidates from different parties in the same election;

  • Independents - Citizens who do not identify with a political party

  • Interest Groups -

  • American political parties are less powerful/influential than in other democracies; 2/3 of Americans vote straight ticket & polarization of cable news has caused sorting (people mostly getting news from one place which supports a certain ideology)

Topic 4.6 - Third Parties

  • Third Parties - Electoral contenders other than the two major parties are not unusual, but they rarely win elections.- Single-Issue Party - Parties that focuses on one issue.

    • Ideological Parties - Parties based on a particular set of beliefs, a comprehensive view of social, economic, and political matters.

    • Splinter Parties - Parties that have split away from one of the major parties.

  • Barriers to Third-Party Success

    • Winner-take-all system; whoever gets the most votes wins

    • Single-member districts; an electoral district with one seat

    • Campaign Finance Laws

    • Media Coverage

Unit 5 (Political Participation)
Chapter 11 (Voting Behavior)

  • Topic 5.1

  • Topic 5.2

  • Topic 5.3

Topic 5.1 - Factors Influencing Voter Choice

  • Linkage Institutions - Channels through which individuals’ concerns become political issues on the government’s policy agenda; - Elections/Referendums

    • Political Parties

    • Interest Groups

    • Media

  • Demographics - Voter turnout differences, certain demographics are more likely to turnout than others- Education - High education is likely to vote

    • Age - older citizens more likely to turn out than young (young are the largest voting bloc yet still the lowest turnout)

    • Race/Ethnicity - whites & blacks vote more than asian & hispanics; hispanics = fastest growing voting block as of 2020

    • Gender - women vote more than men

    • Religion - religious more politically active

    • Marital Status - married vote more than unmarried

    • Union Membership - union more politically active

  • Party Identification - Most reliable predictors of voter choice; straight-ticket ballots support this

  • Candidate Characteristics - Often care about looks & perceived strengths & weaknesses; can hurt or help a candidate if they deviate form societal stereotypes

  • Issues - More salient if a party constantly mentions it & if the media emphasizes it, causing people to change their positions

Topic 5.2 - Voter Turnout

  • Registration Requirements - Some feel it is a barrier to vote, others support it (states can decide); older people usually vote more conservative; young people tend to move around for jobs as well; registration may prevent some people from voting

  • Motor Voter Laws - Allows people in a state to register to vote when they get their license renewed; 8 states use automatic voter registration, rest use motor voter law

  • Midterm vs. Presidential Elections - Midterms have low turnout b/c no President on the ballot

  • 26th Amendment - Lowered voting age to 18; done b/c of Vietnam & the feeling that if 18 year olds can fight, they can vote

  • National Voter Registration Act 1993- allowed people to register to vote while applying for or renewing their driver’s license

  • Help America Vote Act 2002- a federal law meant to reduce barriers to participation in elections

Topic 5.3 - Expansion of Suffrage

  • 15th Amendment - Black Suffrage

  • 17th Amendment - Direct election of senators

  • 19th Amendment - Women Suffrage

  • 24th Amendment - No Poll Taxes

  • 26th Amendment - 18 to vote

  • Obstacles to Turnout - State government control the timing and location of elections, voter I.D. laws, and registration requirements

  • Voting Rights Act of 1965- prohibits racial discrimination in voting; 15th amendment; allowed federal government to oversee elections

Chapter 12 (Political Paraticipation)

  • Topic 5.4

  • Topic 5.5

Topic 5.4 - Political Parties

  • Functions of Parties - Mobilization, educate voters, party platforms, candidate recruitment (money, campaign personnel, media coverage), and manage campaigns (attack ads, talking points, etc.)

  • Realignment - Sharp and durable changes in party loyalties; usually happens after one or two critical elections (EX: New Deal caused realignment in the USA)

  • Dealignment - Parties wane in importance, citizenship becomes detached from parties

  • Legislative Gridlock - Legislative body’s inability to agree on laws (EX: polarization may lead to gridlock)

  • Protest - Public demonstrations designed to achieve policy changes

Topic 5.5 - Interest Groups

  • Functions of Interest Groups - Educate voters; draft legislation (research & propose laws); mobilize members; influence policy (lobbying)

  • Lobbying - contact government officials on behalf of an issue or cause;

  • Amicus Briefs- “friend of the court,” filed by interest groups who share their opinion on cases; provides background information

  • Protests - Public demonstrations designed to achieve policy changes; civil disobedience

  • PACs - political action committee (PAC): organization that raises money privately to influence elections or legislation, especially at the federal level.

  • Iron Triangles - Policy-making relationship between congressional committees, the bureaucracy, and interest groups.- Revolving Door - When government officials leave their jobs and lobby government; some feel it is unethical & leads to corruption, others believe it is necessary given that it requires past expertise

    • Free Speech

    • Reaching government officials; can be regulated to prevent corruption, but courts lean towards protection individual freedom of speech to lobby government

Foundational Documents For Arg FRQ

  • Declaration of Independence - Written or spoken argument to convince others to take a certain POV or action (Classic Argument)

    • DOI claims popular sovereignty & explains if citizens aren’t being properly protected by the government, they are free to abolish it & replace it as they see fit

  • Articles of Confederation - created a confederacy of states in which the states had more power than the federal government

  • Constitution - A document that embodies the fundamental laws and principles by which the United States is governed.

  • Federalist 10 - Madison said that factions are natural, but can be dangerous - A republic can control factions

    • A large republic is needed. A large republic will mean more factions, which minimizes the ability of one faction to oppress the rest.

  • Brutus 1 - An anti-federalist paper that argued against ratifying the constitution because it gave the federal government too much power.

    • The federal government has unlimited power and could destroy states

    • Argued that in a republic, the people should know their rulers and that representative systems could never truly represent the people

  • Federalist 51 - Promotes checks and balances in government. If men were angels, we wouldn't