Guide to AP United States Government and Politics
Framers lived at a time when there were new ideas about government organization/function
Challenged systems already in place
Enlightenment (18th century): a philosophical movement that began in Western Europe with roots in Scientific Revolution
Use of reason over tradition when solving social problems
Thomas Hobbes (Leviathan - 1660): believed that people could not govern themselves and that a monarch with absolute power would protect life best
Advocated for rule of law
Social contract with government: some freedoms sacrificed (respecting government) in exchange for government protection
John Locke (Second Treatise on Civil Government - 1690): natural rights must be protected
Empiricism: people are born with a tabula rasa (blank slate) on equal footing and everything they do is shaped by experience
Natural rights (life, liberty, property) are granted by God and government must protect them
Right to revolution if natural rights are taken away
Charles de Montesqui
eu (De l’Esprit des Lois/The Spirit of the Laws - 1748): separation of power into three branches of government
Checks and balances limited power of each branch
Jean-Jacques Rousseau (The Social Contract - 1762): people are born good but corrupted by society and should act for the greater good rather than out of self-interest
Voltaire (Candide): satirical novel, reflected dislike of Christian power and nobles
Rationality, advocate of freedom of thought, speech, religion, and politics
Denis Diderot: producer/editor of first encyclopedia, wanted to change the ways people thought by adding his own/others’ philosophies to his work
Advocate of freedom of expression and universal education access
Criticized divine right, traditional values, and religion
Philosophers favored democracy over absolute monarchy
Forms of representative democracy:
Participatory democracy: broad participation in politics/society by people at various statuses
Pluralist democracy: group-based activism by citizens with common interests who seek the same goals
Elite democracy: power to the educated/wealthy, discourages participation by the majority of people
Republicanism: supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation
American Republicanism characterized by representative democracy
Elected officials representing a group of people
Popular sovereignty: government power derives from the consent of the governed (ex. elections, protests)
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
Outlined the first government of the United States of America
Predecessor to the Constitution
Followed from 1776 to 1781; ratified and named in 1781
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)
Established the Northwest Ordinance, which created methods through which states would enter the US
Weaknesses:
1787: trade between states declined, monetary value dropped, foreign countries posed threats, social disorder throughout the country
Shays’ Rebellion (1786-1787): 6-month rebellion formed by over 1,000 farmers in which a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts
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
Meeting of the framers in 1787 in Philadelphia, Pennsylvania
Division over powers, structure, and responsibilities of government
Some believed that the government under the Articles was too weak, others believed that it shouldn’t be changed
Generally accepted as pragmatists who tried to protect their and everyone else’s property + rights
Stronger central gov’t necessary, potential to be corrupted
Federal legislature had two main issues:
Unicameral (single house) vs bicameral (two house) legislative branch
Madison’s Virginia Plan: bicameral legislature based on population size
Supported by larger states b/c of better representation
New Jersey Plan: unicameral legislature, one vote per state
Similar to Articles of Confederation
Smaller states worried that gov’t would be dominated by larger states
The Great Compromise (Connecticut Compromise): a bicameral legislature with a House of Representatives (population) and Senate (equal representation)
Representation of enslaved people
Northerners: enslaved people should not be counted for electoral votes
Southerners: enslaved people should be counted for electoral votes
Larger population when enslaved people were counted
Three-Fifths Compromise: enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives
Authority to enforce laws
Created chief executive (president)
Enforcer of the law, could keep the legislative branch in check
Presidential approval required before bills become law
President can veto acts of legislature
Congress can override veto if 2/3 of both houses vote
Supreme Court
Could mediate disputes between legislative and executive branches, between states, and between state + federal government
Acceptance of the Constitution
Had to be submitted to states for ratification
Federalists: supporters of the Constitution, advocated for a strong central government
Alexander Hamilton, James Madison, and John Jay wrote The Federalist Papers: a collection of articles supporting the Constitution
Best reflects original intent of the framers
Persuaded states of the superiority of a strong central government plus power kept by the states
Anti-Federalists: opponents of the Constitution, preferred smaller state governments (Articles of Confederation)
Believed that the Constitution would threaten personal liberties and make the president a king
Feared tyranny + abuse of power
Wanted a Bill of Rights: protects the rights of citizens from the government
Guaranteed by the Federalists and was added immediately after ratification
10 amendments written by James Madison
Created the Electoral College: composed of elected officials from each state based on population (each given 2 votes + 1 vote per member of House of Representatives) with a total of 538 electors
Originally created because the framers didn’t trust American citizens to be educated enough to choose a good president
Thought the Electoral College would protect election against the influence of small groups
Would ensure that states with larger populations didn’t completely overpower smaller states
The presidential candidate who wins 270 electoral votes wins the election regardless of who wins popular vote
Anonymous author (pseudonym Brutus) asked questions about + critiqued the draft of the Constitution
The first publication that began a series of essays known as the Federalist and Anti-Federalist Papers
National government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people
Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus + other Anti-Federalists
Written by James Madison
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
Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union
Believed that no large nation could survive and that states’ separate interests would fracture the republic
Written by James Madison
Argued that separation of powers would make the government efficient, dividing responsibilities and tasks
Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power
Written by Alexander Hamilton
Argued that the executive branch should only have one member: the president
Used the British monarchy as an example: the king had power but was checked by the House of Commons
Proposed term limits as another way to limit the president’s power (not set until the 22nd Amendment in 1951)
Major dissent: Anti-Federalists believed that only the president’s staff would influence him and disagreed with giving control of the military to one person
Written by Alexander Hamilton
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
Check on Congress
Major dissent: Anti-Federalists claimed that a federal judiciary could overpower states’ judiciaries and that judges’ lifetime appointments could result in corruption
The Constitution is vague and only outlines the government structure
Written to allow change through amendments
Branches of government have evolved since ratification
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
Not mentioned in the Constitution
Judicial branch
Marbury v. Madison(1803): Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature (judicial review)
Article I, Section 8 - the necessary and proper clause: allows Congress to make any legislation that seems “necessary and proper” to carry through its powers
Aka the elastic clause
Ex. nothing in the Constitution that creates the Federal Reserve System (central bank), nothing about the executive branch’s cabinet
Federal District Courts and Courts of Appeals both created by Congress
Supremacy clause: supremacy of Constitution and federal laws over state laws
“and the laws of the United States which shall be made in pursuance thereof...shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding”
A system of government under which the national and local governments share powers
Ex. Germany, Switzerland, and Australia
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
Supreme Court cases:
McCulloch v. Maryland(1819): court ruled that states could not tax national bank
Reinforced supremacy clause of Constitution - issues between state + federal government laws should be ruled in favor of federal
Necessary and proper clause - banks were necessary to implement federal powers
United States v. Lopez(1995): challenge to the Gun-Free School Zones Act of 1990 (banned guns on school property)
Held that commerce clause didn't allow regulation of carrying guns
New phase of federalism - state sovereignty and local control were important
Delegated (enumerated) powers: powers that belong to the national government
Ex. printing money, regulating interstate + international trade, making treaties + conducting foreign policy, declaring war, est. post offices, lower courts, rules of naturalization, and copyright/patent laws; raising + supporting armed forces, making all laws “necessary and proper” to carry out duties
Reserved powers: powers that belong to the states
10th Amendment: include any that the Constitution neither gives to the national government nor denies to the states
Ex. issuing licenses, regulating intrastate business, conducting elections, est. local governments, maintaining a justice system, educating residents, maintaining a militia, providing public health, safety, and welfare programs
Concurrent powers: shared by federal and state governments
Ex. levying/collecting taxes, building roads, operating courts, establishing courts, chartering banks + corps, eminent domain, paying debts, borrowing money
Constitution specifies which powers are denied to national government and states
Constitution makes federal government guarantee states a republican government and protection against rebellion + invasion
Prevents states from dividing or combining without congressional approval
States are required to accept court rulings, licenses, contracts, or other civil acts of other states
Changed over time
First: federal/state governments were independent
Most Americans had contact w/government on state level
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
Federal government programs
Most administered through states
Paid for by federal government through grants-in-aid
Some politicians tie strings to grants (federal government still in control over money)
Other politicians want no strings attached (state/local government decides how to spend)
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)
Borrowed idea from French political philosopher Charles de Montesquieu
Assigned different tasks to each branch of government
Legislative branch makes laws
Executive branch enforces laws
Judicial branch interprets laws
Prevents a person from being in more than one branch at a time
Has to resign in order to change positions
Designed to prevent any branch of government from becoming dominant
Requires different branches to work together and share power
Examples:
Nomination of federal judges, cabinet officials, and ambassadors
President chooses nominees who must be approved by the Senate
Negotiation of treaties
President is empowered to negotiate treaties, but they cannot go into effect until approved by 2/3 of the Senate
Enactment of legislation
Congress passes legislation, but the president can veto (reject) laws
Encourages Congress to pass laws that align with the president’s views or negotiate to avoid being vetoed
Congress can override veto by passing a law with 2/3 majority in both houses
Law becomes law regardless of president
Courts can determine constitutionality of law and overturn laws if they are unconstitutional
Amendment: the addition of a provision to the Constitution
Main process:
Proposed amendment must be approved by 2/3 of both houses of Congress
3/4 of state legislatures must ratify (approve) the amendment, and the states themselves are allowed to determine the votes required to ratify the amendment
Congress can also mandate that each state use a ratifying convention (delegates elected to vote on the amendment)
Used once to ratify the 21st amendment (1933) - ended prohibition
Another process:
2/3 of state legislatures petition Congress for a constitutional convention
Never happened before
State governments
Can take any form, but must have a state constitution approved by Congress
Most structured after federal government
Executive branch led by governor
Direct state executive agencies (education, roads/building, policing)
Command state National Guard
May grant pardons and reprieves
Most can appoint state judges with the “advice and consent” of a state legislative body
Can veto state legislation
May use a line-item veto to reject parts of bills
Denied to presidents by Supreme Court - would take too much power away from legislature
49/50 states have bicameral legislatures
Enact state law
Can override the gubernatorial (governor) veto
State judiciaries interpret state law
Trial courts and appeals courts
Hear criminal cases and civil cases (lawsuits)
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
Elections for the House of Representatives are every two years
Representatives must live in the district they represent and be a citizen of the state, and must be 25 years old
Elections take place within each district
Constituencies are smaller than senators’
Incumbent election rates are very high (>90%)
Less competitive
Elections for the Senate are every two years
Each term is six years
Senators must be at least 30 years old
More competitive, expensive, and high profile
Draw candidates from other offices
Baker v. Carr(1962): Charles Baker sued Tennessee for not redrawing its state legislative districts because his county’s population had grown but not gained representation
Violated 14th amendment (equal protection of the law)
Ruled in 6-2 decision that the government can force states to redistrict every 10 years
Led to the development of the “one person, one vote” doctrine
Gave federal courts the right to weigh in on redistricting
Shaw v. Reno(1993): white voters living in North Carolina’s 12th district sued the state for gerrymandering to isolate African Americans into the 12th district
Ruled in 5-4 decision that the state was using racial bias in its redistricting
Violated equal protection clause
Any racial gerrymandering required a compelling state interest
Voting Rights Act of 1965: encouraged states to increase minority representation in Congress
Initially made little change
1982 amended to make states create majority-minority districts (concentrating minority populations into districts)
Made it easier for minority candidates to get elected
Many states redistricted after the 1990 census, resulting in an increase of minority representation
District shapes were weird
Legislators in NC, GA, TX, and other states have been accused of gerrymandering
Black and Hispanic voters are majority Democrat, Republican-controlled legislatures were accused of trying to remove racial minority Democrats from districts to ensure more Republicans get elected
Packing: isolating minorities in a district
Cracking: dividing minorities across many districts
Population shifts gave more seats in the House to Southern states but took away seats from other regions
Suburban representation has increased, but both rural and urban have decreased
Hijacking: redrawing two districts in a way that forces two incumbents to face each other in a single district
Kidnapping: moving an incumbent’s home into another area after redistricting
The Constitution lists out the responsibilities of Congress in more detail than the other branches
Both houses have unique powers that require them to work together, including taxing, borrowing money, regulating commerce, raising an army, creating/making rules for courts, establishing naturalization laws, creating post offices, building a militia, and making laws
Taxing and spending clause (Article 1, Section 8, Clause 1): gives Congress much control over budgetary spending
“Power of the purse”: gives Congress power to influence others by preventing access to funds or adding conditions
Can be used positively to fund programs or negatively to harm an agency
House of Representatives can start spending bills and tax laws
House of Ways and Means Committee: oversees spending laws and taxing
Senate can approve presidential nominations to court and ambassadors to other countries
Must also ratify all treaties the president signs
Congress primarily writes laws
Oversight: reviews federal agencies’ work (checks executive branch), investigates charges of corruption, holds hearings (experts and citizens discuss government issues and propose solutions)
All committee chairs can subpoena (legally compel) witnesses to show and testify
Confirms members of presidential cabinet
Approves nominees for federal court
Public education: floor debates and committee hearings increase awareness of government/social issues and help to focus national attention
Representing constituents within the government: politicos (representatives of electorates, Congress members) help constituents with the government and vote on laws; can act on complaints about federal services/agencies, sponsor those who seek contracts, and seek suggestions on improvement
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
Constitutional amendments: can propose amendments by 2/3 vote in both houses or by a convention called by 2/3 of state legislatures
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
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
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
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
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
Northwest Ordinance (1787, 1789): created by the Articles of Confederation, provided guidelines for settling new territories and creating new states, reaffirmed in the Constitution in 1789
Pendleton Act (1883): got rid of the spoils system for government job selection, set up exam-based merit system for candidates
Sherman Anti-Trust Act (1890): gave Congress the power to regulate and disassemble monopolies in the US, abused to break up labor unions
Hatch Act (1939): let government employees vote in elections but prevented them from participating in partisan politics
Freedom of Information Act (1966): let the public view government documents
Air Quality Act (1967) and Clean Air Acts (1960s-1990s): regulated environmental impacts by establishing standards for factories and cars
Federal Election Campaign Acts (1971, 1974): created the FEC and required contributions and expenditures to be disclosed, created limits on presidential election expenditures and contributions, created subsidies for presidential candidates
War Powers Act (1973): put limits on presidential power to use troops overseas, created time limit, gave Congress power to withdraw troops; all presidents have declared act unconstitutional since 1973
Budget and Impoundment Control Act (1974): created Congressional Budget Office and congressional budget committees, gave Congress authority to prevent president from refusing to fund congressional initiatives
Gramm-Rudman-Hollings Bill (1985): created budget reduction targets to balance the budget; failed to eliminate loopholes
No Child Left Behind Act (2001): states must adopt education accountability standards, requires annual progress testing, and sanctions schools that fail to meet the yearly progress goals
Unfunded Mandates Reform Act (1995): Congressional Budget Office must analyze impact of unfunded mandates on states, must have separate congressional vote on bills that impose them
Espionage Act (1917), Sedition Act (1918): greatly reduced rights of Americans during war and increased federal government’s power to control public activity; repealed by Congress in 1921
Immigration Act (1924): limited number of immigrants entering the US and set strict standards for entry
Voting Rights Act (1965): eliminated literacy tests, let federal officials register voters, prevented states from changing voting procedures without the government’s approval; let federal officials count ballots and make citizens vote
Age Discrimination in Employment Act (1967): prevented age discrimination in jobs unless job is affected by age
Civil Rights Act or Fair Housing Act (1968): Title II prevented discrimination in public places based on race, color, national origin, or religion, Title VII banned employment discrimination based on gender
Title IX Education Act (1972): banded gender discrimination in federally funded education
Americans with Disabilities Act (1990): protected disabled Americans’ rights and required accommodations to public facilities; prohibited job discrimination if accommodation could be made, required access to facilities for the disabled, allowed non-paid leave of absence without fear of firing
National Voter Registration Act (1993): AKA The Motor Voter Act, allowed people to register to vote when receiving driver’s licenses
Patriot Act (2001): After 9/11, Congress permitted police authority to federal, state, and local governments to interdict, prosecute, and convict suspected terrorists; known as the USA-PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act
New Deal Legislation (1933-1939): expands role of government in society and the economy; created Social Security, the Tennessee Valley Authority, and the Securities and Exchange Commission; expanded role and size of government
Personal Responsibility and Work Opportunity Reconciliation Act (1996): Welfare Reform Act signaled change in national role with states, tried to increase role of personal responsibility in welfare recipients, shifted many responsibilities to state governments for welfare provision, ended federal entitlement status of welfare, replaced with block grants to states; recipients of grants had to work within 2 years and could not get benefits > 5 years
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
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
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
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
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
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)
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
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
Most legal cases involve civil law or criminal 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)
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
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
Not part of the Constitution
Supreme Court will not grant an appeal until all other opportunities in lower courts have been exhausted
Often refuses to hear appeal because it agrees with lower court decision
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
Only rules in cases that involve an actual legal dispute (justiciable)
Places limits on who can bring cases before it - petitioner must have interest in case outcome (have standing)
Not in the Constitution
Marbury v. Madison(1803):
Chief Justice John Marshall established judicial review
John Adams commissioned William Marbury as Justice of the Peace in DC in the last hours of his presidency, approved by Senate; President Jefferson ordered Secretary of state to not deliver commission
Article III, Section 2 of Constitution - what is the extent of the Supreme Court’s power regarding judicial review?
Ruled that the part of the Judiciary Act allowing the Supreme Court to grant the position of Justice of the Peace was unconstitutional
Both sides submit summaries of their arguments (briefs) and legal foundations
Interest groups affiliated with both side of the case submit their own briefs
Amicus curiaebriefs: effort to sway the justices, can be very influential
From October to April, court hears oral arguments for cases
Lawyers for each party have 30 minutes to present their arguments before the justices
Federal government will often take one side, solicitor general can argue on the government’s behalf
Known as the “tenth justice”
Second-ranking member of the justice department
Often makes appearances before the high court
Justices meet for a secret meeting after the oral arguments, cast votes, and write opinions
Four types of opinions:
Unanimous opinion: all justices agree, carries most force in future legal cases, ex. Brown v. Board of Education
Majority opinion: the opinion with the most votes, decides the case
Concurring opinion: justices may vote with majority but take issue with legal reasoning
Dissenting opinion: written by justices in the minority, questioning the winning side
Power of Supreme Court limited through:
Constitutional amendments
Judicial appointments/confirmations
Legislation that changes court jurisdiction
Legislation written to counteract Supreme Court decisions
President and states refuse to comply with Supreme Court decisions
Ensures that policies and programs created by Congress and executive branch are carried out
Considered part of the executive branch
Supposed to function above partisan politics
Bureaucrats operate under merit system - hires and promotes people based on skills and experience
15 cabinet secretaries and heads of independent agencies appointed by president and approved by Senate
Most people who work for the government work for one of the executive departments or other “cabinet level” agencies
Department of Defense: largest department, administered by Secretary of Defense
Reports directly to president
Each military service is led by a uniformed chief of staff
Work together as the Joint Chiefs of Staff, carry out defense policy and report directly to president and Secretary of Defense
Policy implementation: primary role of the bureaucracy, determines the process for implementing policy once passed
Must act within constitutional limits and agency jurisdiction
Can develop rules to govern policies and procedures
Secretary of department at head of each “pyramid”
Appointed by president, approved by Senate
Undersecretary is direct subordinate, appointed by president without Senate approval
Both undersecretary and secretary replaced at the end of president’s term
Personnel of Senior Executive Service below the secretaries, including appointed and non-appointed
Do not need Senate confirmation
Responsive to White House policy goals and help bureaucrats implement president’s policy preferences
Hybrid organizations, private business corporation + government agency
Freedom of action and flexibility, produce revenue to support themselves
Ex. Amtrak
USPS was originally created as a cabinet position but has become a government corporation
Corporation for Public Broadcasting produces and airs television and radio
PBS funding comes from private and government subsidies
Most programming related to public affairs, news, and culture
Not within 15 cabinet departments
Two categories:
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
Writing legislation is complex and often beyond lawmakers’ abilities and expertise - often written in general terms with many gaps
Quasi-legislative agencies: independent agencies who fill in gaps and write rules
Quasi judicial agencies: rule enforcement, punish violators
Bureaucrats often has answers for Congress
Asked for advice and expertise
Often ignored because of interest groups’ pressure
Write and enforce rules that regulate environment, economy, or industry
Examples of regulatory agencies:
Federal Trade Commission: prevents fraud in marketplace, prevents price fixing and deceptive advertising
Securities and Exchange Commission: protects investors by regulating stock markets and preventing corporations from false and misleading claims of profits
Nuclear Regulatory Commission: controls how power companies design, build, and operate nuclear reactors
Federal Communications Commission: assign broadcast frequencies, license radio/TV stations, regulate use of wireless communication
Food and Drug Administration: inspect food supply, regulate sales of over-the-counter drugs and patent medicines
Federal Energy Regulatory Commission: prevent price fixing and price manipulation in energy
Occupational Safety and Health Administration: ensures a safe work environment for workers
Run by Board of Commissioners (panels of administrators)
Appointed by president with Senate approval
Terms usually overlap president’s term, intended to minimize White House political pressure
Term is 3-14 years
Ex. Federal Reserve Board: policies affect public’s buying power - regulates banks, monetary value/supply, and interest rates
Policies can conflict with president’s policies
Political considerations always play a part in the appointment process, but presidents and boards/commissions vary regularly
Rank-and-file bureaucrats are permanent, but they do not like political interference
Presidents can promote supporters and use budget to change agency’s influence while in office
More congressional power over bureaucracy than presidential
Senate affirms/rejects appointments
Congress can destroy agencies or change jurisdiction
Final say over funding
Regulatory agencies set rules and regulations that industry must follow
Participatory process, industry involved in determining rules
Hold public hearings for testimony and advice
Law requires agencies to consult with industry in most cases before rules/regulations can go into effect
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 issues affect many groups by pro/con coalitions of interest groups, Congress members, and bureaucrats
Regulatory agency writes/publishes rules after input and debate opportunities have been exhausted
Industry can sue regulatory agency if it objects to regulation
Deregulation: removing government restrictions and regulations
Those in favor claim that competition of marketplace is all that is needed
Regulation is expensive and time-consuming
Civil service system: Office of Personnel Management is bureaucracy’s employment agency, administers civil service examination, publishes job opening lists, and hires based on merit
Established in 1883 by the Pendleton Act, which ended the patronage system (giving government jobs for political support)
Intended to create a competent, professional bureaucracy
Merit Systems Protection Board investigates charges of agency corruption, protects whistleblowers
Hatch Act (1939): passed to ensure bureaucratic neutrality; permits bureaucrats right to vote but not the right to campaign for political candidates, run for office, or work for parties
Revision of 1993 is less restrictive - bureaucrats can join political parties, make campaign contributions, and display political advertising (buttons/bumper stickers)
Still cannot run for public office, solicit campaign funds from subordinates, or make political speeches
December 15, 1791
First 10 amendments added to the Constitution within three years of its ratification
Originally written by James Madison
Civil liberties: protections from the abuse of government power
Civil rights: protections from discrimination based on race, gender, or other minorities
Barron v. Baltimore (1833): determined that Bill of Rights restricted national government but not state governments
Overturned in Gitlow v. New York, citing 14th Amendment restrictions on the states, concerned freedom of speech + press
Selective incorporation: court applies Bill of Rights on a case-by-case basis
Rights not incorporated and may be restricted by states:
Third Amendment, protection against forced quartering of troops in private homes
Fifth Amendment, right to indictment by grand jury
Seventh Amendment, right to a jury trial in civil cases
Eight Amendment, protection against excessive bail and fines
All other parts of the Bill of Rights apply equally to state + national government
None of the rights in the Bill of Rights is absolute
Court has consistently weighed rights of individuals against society’s needs
Freedom of speech
Congress cannot pass a law preventing citizens from expressing their opinions
Supreme Court has placed limits on freedoms
Clear and present danger test: a person cannot cause panic for a false reason
No constitutional protection for slander/libel, obscenity, or speech to incite violence
Followed preferred position doctrine since 1940s in determining free speech limits
Free speech is fundamental to liberty
Any limits must be because of severe/imminent threats to the nation and limited to only constraining those threats
Court protects offensive but nonthreatening speech (ex. flag burning)
Schenck v. United States(1919): a socialist (Schenck) handing out leaflets telling men not to enlist was arrested
Unanimous decision, conviction was constitutional and resulting from violation of the Espionage Act of 1917
Speech posed a “clear and present danger” to the US
Tinker v. Des Moines(1969): John and Mary Beth Tinker wore black armbands to school to protest the Vietnam War
In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that the First Amendment protects minors at school under certain circumstances
7-2 decision, ruled that children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”
Freedom of the press
Few instances in which the government can use prior restraint (crossing out parts of an article before it is published)
Media has objected to limitations of news/media - usually go to court: ned to be informed vs. security concerns
Media’s responsibility to reveal information sources - Supreme Court ruled that reporters are not exempt from testifying and can be asked to name sources
Reporters who refuse to reveal sources can be arrested
Some state have created shield laws to protect reporters in state cases
Miller v. California (1973) established 3-part obscenity test
Would the average person judge the piece as appealing primarily to a person’s sexual instincts?
Does the work lack other value?
Does the work depict sexual behavior offensively?
New York Times v. United States(1971): Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers, the government sued
Said to have violated the Espionage Act of 1917
6-3 decision - Supreme Court ruled that the newspapers could publish the Pentagon Papers because the government had not had the proof necessary to enact prior restraint
Established a “heavy presumption against prior restraint” including in cases that involve national security
Freedom of petitioning the government
Freedom of assembly
Right to assemble peacefully
Does not extend to groups/demonstrations that would incite violence
Government can restrict crowd gatherings if applied equally to all groups
Groups must not interrupt day-to-day life
Court ruled that freedom of speech + freedom of assembly implies a freedom of association: government cannot restrict groups people belong to as long as they do not threaten national security
Letter from a Birmingham Jail (Martin Luther King Jr.)
MLK arrested in Birmingham for organizing marches and sit-ins to protest segregation
Wrote a letter to African American religious leaders, outlined key ideas about importance of nonviolent protest through peaceful assembly
Freedom of religion
Free exercise of religion
Not absolute - human sacrifice, polygamy, and denial of medical treatment to children are not allowed
Ruled that Jehovah’s Witnesses cannot be required to salute the American flag and Amish children may stop going to school after 8th grade
Court weighs individual rights to free religion against needs of society
Establishment clause: Constitution prevents government from establishing state religion
Wall between church and state is not solid
Court allowed government money to provide some parochial education
Allowed tax credits for non-public school costs
Lemon test after Lemon v. Kurtzman (1971)
Does the law have a secular purpose?
Is the law neutral towards religion?
Does the law avoid “excessive entanglement” between church and state?
Engel v. Vitale(1962): families sued their children’s school district for forcing prayer in the classroom
Violated First Amendment’s establishment cause
6-1 decision ruled that school prayer violated First Amendment
Wisconsin v. Yoder(1972): three Amish families were fined for taking their children out of school after eighth grade
8-1 decision ruled that Amish families were allowed to take their children out of school after the eighth grade (free exercise clause)
McDonald v. Chicago(2010): McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, said it violated 14th Amendment’s due process clause
5-4 decision ruled that states cannot impede their citizens’ rights to keep and bear arms
United States v. Lopez(1995): Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990
5-4 decision ruled that GFSZA was unconstitutional because it was under the commerce clause but didn’t relate to commerce
Forbids quartering of soldiers and direct public support of armed forces
Most antiquated amendment
Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”
Police must go before a judge to justify a search of private property
Probable cause: judge believes that the search will find evidence of a crime
Search warrant: issued by a judge, limits where police search and what they can take as evidence
Exclusionary rule: all evidence illegally taken by police cannot be used as evidence
Objective good faith exception (1984): established by the Supreme Court, allows for convictions in cases where an illegal search occurred but was performed under the assumption that it was legal
Inevitable discovery rule: illegally seized evidence that eventually would have been found legally is admissible in court
Police may conduct a search without a warrant
May conduct a search of private property after a legal arrest, if the owner consents, if evidence is found in plain view, or if they have probable cause to believe they will find evidence of crime, especially when there are exigent circumstances (reason to believe evidence would disappear after a warrant was received)
Challenged by how the government can collect citizens’ data, especially digitally (wiretapping, collection of phone records, computer hacking)
Does the most to protect a citizen from the broad powers of the federal government
Guarantee of grand jury when a suspect is held for a capital/”infamous” crime
Prevents a person from being prosecuted repeatedly for the same crime by prohibiting double jeopardy
Establishes right of government to seize property for the public under auspices of eminent domain if the seizure can be compensated
Federal government cannot deprive a person of “life, liberty, or property by any level unless due process of law is applied”
Rights granted to the accused
Controversial rights
Some say they make it too hard to capture, try, and arrest criminals
Gideon v. Wainwright(1963): Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney
Unanimous decision that Florida violated 6th Amendment right to an attorney
Defendant cannot be forced to testify at a trial
Jury is not supposed to infer guilt if a defendant refuses to testify
Defendant must be informed of their right to remain silent, their right to a lawyer, and protection against self-incrimination when they arrested
“Mirandized”
Allows the accused to be prosecuted by an impartial jury
Right to be informed of charges, confront witnesses, subpoena witnesses for defense, and have a lawyer
Forms basis for habeas corpus
Protects against illegal imprisonment, ensures a person cannot be held indefinitely without being charged in front of a judge/in court or without a legal reason to extend detention
Extended to misdemeanor cases if they could result in jail time
Right to a speedy trial
100-day limit between arrest and trial start
Prosecutors and defense attorneys can request an extension to prepare cases
Allows for trial by jury in common-law cases
Bans excessive bail/fines and cruel or unusual punishments
Not required to offer bail to all defendants
Bail Reform Act (1984): lets federal judges deny bail to dangerous defendants or those likely to flee the country
States are allowed to set bail as high as state law permits
Cruel and unusual punishment clause is the cause of debate over the death penalty
Court has placed limits on its applications
Court has upheld the constitutionality of the death penalty when used properly
The court has moved to make it easier for states to carry out the death penalty by limiting the nature and number of appeals allowed by convicted murderers on death row
Some states have enacted moratoriums on the death penalty - methodology problems, ethical objections, flawed trial processes
Limited federal government
Rights not mentioned in the Constitution are still protected
Implied right to privacy and other rights
Supreme Court ruled that Bill of Rights contained implied right to privacy in Griswold v. Connecticut
Combination of 1st, 3rd, 4th, 5th, 9th, and 14th amendments
Most African Americans were denied almost all legal rights before the Civil War
1833 - Supreme Court ruled that the Bill of Rights applied to the federal government only
States created discriminatory/segregationist
Civil War (1861-1865) - began over the issue of slavery
Emancipation Proclamation (1863): Lincoln declared the liberation of enslaved people in the rebel states
Influenced civil rights process - increase in federal government power
13th Amendment (1865): made slavery illegal, prohibited indentured servitude
14th Amendment (1868): declared that all people born in the US were citizens and entitled to equal rights, protected by due processes
Clauses about due process and equal protection later used to apply most of the Bill of Rights to state law by Supreme Court
15th Amendment (1870): banned laws that prevented African Americans from voting based on race/history of enslavement
Civil Rights Act of 1875: banned discrimination in public places, parts overturned in 1883 by Supreme Court
Jim Crow laws + voting restrictions: passed as the federal government had less influence over the South
Supported by the Supreme Court ruling that the 14th Amendment did not protect African Americans from discriminatory state laws and would have to find equal protection from the states
Jim Crow laws: segregationist laws
Poll taxes (a tax paid to vote) and literacy tests used to keep African Americans from voting, grandfather clauses allowed poor/illiterate whites to vote (removed restrictions on anyone whose grandfather had voted)
Equal Pay Act of 1963: made it illegal to base pay on race/gender/religion/national origin
24th Amendment (1964): outlawed poll taxes
Civil Rights Act of 1964: increased rights of African Americans + other minorities, gave the federal government more ways of enforcing the law
Banned discrimination in public areas and government-funded programs
Prohibited discrimination in hiring based on color and gender
Required government to cut funding for any program that did not follow the law
Gave the federal government the power to sue when schools were segregated
Voting Rights Act of 1965: designed to counteract voting in the South; allowed to federal government to step in any area using literacy tests or where less than 50% of the population was registered to vote to register voters
Civil Rights Act, Title VIII (1968): banned racial discrimination in housing
Civil Rights Act of 1991: designed to address issues in civil rights law that had recently arisen
Eased restrictions on job applicants/employees suing employers that discriminated in hiring
Brown v. Board of Education(1954): a group of families from Kansas sued the city’s board of education for enforcing segregation
Unanimous decision ruled that school segregation was unconstitutional nationwide
Current Issues
Most public school systems are still essentially segregated because neighborhoods feeding into them are segregated
De factosegregation increased by difference in average incomes between white + Black people
De juresegregation is segregation by law
Lower-income neighborhoods end up with poorly-funded, overcrowded schools
Discrimination in employment, housing, and higher education
Affirmative action programs seek to create special employment opportunities for minorities, women, and other discriminated people, but are controversial
Opponents argue that these programs penalize white people and constitute reverse discrimination
19th Amendment (1920): granted women the right to vote
Equal Pay Act of 1963: (mentioned above)
Civil Rights Act of 1964: (mentioned above)
Title IX, Higher Education Act (1972): prohibits gender discrimination by institutions of higher education that are government-funded, used to force increase funding of women-only programs
Civil Rights Restoration Act of 1988: increased Title IX’s power, allowed government to cut funding to schools that violate it
Lilly Ledbetter Fair Pay Act of 2009: closed a loophole that limited suits on discriminatory pay based on the timing of the issuance of the first discriminatory paycheck
Expanded limits to allow suits based on any discriminatory paycheck
Sexual harassment at work has gained prominence
Difficult to prove legally
Efforts to combat it include public-awareness programs, sensitivity training, and increased legal penalties for harassers
Abortion has remained controversial since Roe v. Wade (1973 - now removed from the AP Exam)
Age Discrimination Act of 1967: prohibits discriminatory hiring based on age with an exception for jobs where age is essential to job performance, amendment banned some mandatory retirement ages and increased others to 70
26th Amendment (1971): allowed 18-year-olds to vote
Individuals with Disabilities Education Act (1975): ensured that children with disabilities have the opportunity to receive an appropriate, free public education
Voting Rights Act of 1982: requires states to create congressional districts with minority majorities to increase minority representation in House of Representatives
Resulted in creation of strangely shaped districts
Americans with Disabilities Act of 1990: requires businesses with >24 employees to make their offices accessible to disabled, requires wheelchair-accessible public transportation, new offices, hotels, and restaurants and development of wider telephone services for the hearing-impaired
Public opinion: how people feel about things
Pollsters measure public opinion
Not uniform - general public care more about political issues that directly affect their regular lives
Political issue does not have to interest the majority of the public to be considered important
Issue public: a smaller group to which an issue is important
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
Designed to measure public opinion by asking a smaller group questions
Achieved by pollsters through random sampling: allows pollsters to find information representative of the public
Benchmark polls: conducted by a campaign when a candidate initially announces
Provide campaign with baseline data to see if chances of winning election improve over time
Tracking polls: performed multiple times with the same sample to track changes in opinion
Entrance polls: collected on Election Day as voters go to cast their vote
Exit polls: conducted at polling places, targeting voting districts that represent the public and poll random voters leaving the place
Stratified random sampling: variation of random sampling; population divided into subgroups and weighted based on demographics
Questions must be carefully worded (objectively)
Polls cannot be 100% accurate
Sampling error: how wrong the poll results may be
Ex. 60% with a sampling error of 4% would mean the real percentage could be between 56 and 64%
More respondents = lower sampling error
Political socialization: the process by which a person develops political attitudes
Factors:
Family
Most people eventually are of the same political party as their parents
Children get moral/ethical values from parents
Location
Rural areas develop more socially conservative views than cities
Religious institutions
Mass media
Higher education
Large change in political beliefs
Ideology: a coherent set of thoughts and beliefs about politics and government
Conservative: less government interference; oppose most federal regulations (laissez-faire economics); social conservatives support government involvement in social issues
Liberal: more government assistance to help social/economic problems; government regulation of economy; separation of church and state
Moderate/independent: no coherent ideology; common sense over philosophical principles
Americans have fewer ideological groups
Strongly ideological Americans tend to be more politically active
Political activities/organizations
Candidates must appeal to more extreme party members in primaries but be more moderate in general elections
Factors:
Race/ethnicity: groups with lower income are usually more liberal
Religion: Jews and Protestants are more liberal; Catholics lean left but are more conservative on social issues; Protestants are more conservative
Gender: women tend to be more liberal
Income level: higher income Americans tend to be more supportive of liberal goals but more fiscally conservatives; lower income Americans are more conservative on issues except welfare
Region: East Coast is more liberal, South is more conservative, West Coast is the most polarized/mixed; cities are more liberal while rural/small towns are conservative
News media
News broadcasts on TV, radio, and the Internet
Newspapers
News magazines
Magazine broadcast programs
Newsmaker interview programs
Websites, blogs, news aggregators, online forums
Social media
Political talk radio/podcasts
Media sets the public agenda by choosing stories to cover and which to ignore
Media provides Americans with exposure to the government + politicians
Question motives of government
Exposure to news media has increased, more influence over the years
Media only affects public opinion when it is volatile or news coverage is extensive and mostly positive/negative
Most instances it does not have an effect - media covers many stories simultaneously, Americans choose media that enforce their political beliefs
Social media has become a tool for grassroots political movements
There is less ideological bias in news than critics claim
News media has become less biased throughout American history
Most news organizations want to be objective - consumers from both sides of the political spectrum
Impossible for news media to be completely objective
Simple stories are faster to run and don’t bore consumers
Time and space result in bias
Especially with TV news programs
Must report many stories in limited time
Use short sound bites
Can be biased by sources of information
Reporters who use politicians/government sources must try not to offend their sources and not become too close but demonstrate independence and credibility
Reporters are usually more skeptical about politicians’ motives than Americans are
Politicians try to influence news coverage
Photo ops
Press releases
plan appearances based on audience demographics
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 offices
Organizations with similar ideologies that try to influence election outcomes and legislative problems
Play a formal role in both
Not mentioned in the Constitution
Parties formed to unite people who had the same political ideals to elect similar-minded representatives and have similar legislative goals
Endorse candidates and help them in elections
Parties expect candidates to remain loyal to party goals
Two major political parties: Democrats and Republicans
Two-party or bi-partisan system reinforced by electoral system
Difficult for more than two major parties to get on the ballot
Intermediaries between government and people
Made of activist members, leadership, and grassroots members
Raise money, get candidates elected, and have positions on policy
Develop party platforms: list of goals that outlines party’s issues and priorities
Major purpose is to get candidates elected
Since 1960 more states have required parties to choose candidates through primary elections
Reduced power of parties - the people must choose candidates
Candidates raise their own money and campaign by themselves
Three major subdivisions:
Party among the electorate: voters identify with and enroll in parties; vote for candidates from their party
Party in government: officials belong to parties, pursue goals together (sometimes there are ideological/regional differences)
Party organization: group of people, political professionals, who recruit voters and candidates, organize events, and raise money for the party
Functions:
Recruit and nominate candidates: find candidates to run in primaries
Educate and mobilize voters: try to persuade voters to vote for party’s candidates; advertisements, rallies, and mailings; target regions with strong support, campaign to persuade voters to vote
Provide campaign funds and support: dedicated committees that raise funds for campaigns; state parties raise money for state and national candidates; help candidates (although they mostly rely on their personal campaign staff)
Organize government activity: House, Senate, and state legislatures organize leadership + committees along party lines
Provide balance through opposition of two parties: each party checks the other; minority party critiques majority party (loyal opposition)
Reduce conflict and tension in society: promotes negotiation/compromise: parties encouraged to accommodate voters and voters encouraged to accept policy compromises
National and state and local party organizations have different functions, not hierarchical
Party committees organized by geography
Local committees coordinate get-out-the-vote (GOTV) drives, canvassing door-to-door, and distribution of leaflets
Mostly made of volunteers
Work concentrated around election time
County committees coordinate local election efforts and committee efforts on the precinct level, send representatives to polling places to monitor voting
State committees raise money, provide volunteers, provide support to candidates for offices
Senatorial and congressional district committees are part of national party organization; involved in legislative elections when a seat may be lost or gained (incumbents often reelected easily)
National party plans national conventions every four years to nominate presidential candidate; sponsors polls
Some believe that parties aren’t as powerful/significant as they were before
Before 1968, one party controlled legislative and executive government branches
More Americans are voting split ticket than before
Consider positions and merits of a candidate than just party affiliation
No one party dominates government, officials with different agendas work together
Modern candidates control their own campaigns more, appeal directly to public through Internet and television
Political parties of made of multiple groups made of multiple individuals
larger coalition = candidate is more likely to win
Candidates and positions on policy are made to attract more voters, creating a winning coalition
Tend to rely on certain groups as bases of support
Both try to be centrist
Party bases
Liberals in Democratic Party
Conservatives in Republican Party
Democrats | Republicans |
---|---|
Want to spend money on welfare programs | Want to spend more on defense |
Want to use government money for public education | Want to use vouchers for private/charter schools and give government aid to religious school |
Want to grant tax relief to targeted programs | Want to grant tax relief to everyone |
Against private firearm ownership, supportive of regulations on firearms | Don’t want to regulate firearms |
Pro-choice | Pro-life |
Support collective bargaining and efforts to unionize | Oppose collective bargaining and support laws intended to limit union powers |
Occurs when coalitions making up parties split off
Ex. groups making up the majority party defect to minority party
Rare, occur usually as a result of a major negative event
Signaled by a critical election - new party dominates politics
Occur over period of time and show permanence
Trend toward dealignment: results from party members becoming disaffected because of a policy position taken by the party, disaffected members join no party and vote for candidate instead of party
Form to represent constituencies that feel disenfranchised by major parties
Known as splinter/bolter parties, usually united around the feeling that other parties do not respond to their demands
Can form to represent ideology major parties consider too radical
Doctrinal parties
Ex. Socialist Party, Libertarian Party
Single-issue parties formed to promote one principle
Ex. American Independent Party
Can have major impact on elections
Different from Independent candidates (run w/o party affiliation)
Result of electoral system designed to support two parties
Campaigns require large amounts of money and large organizations
Third party/independent candidates do not have name recognition or support to win majority of votes
Platform issues of third parties often incorporated into party platforms
Most states have winner-take-all electoral vote systems
Organizations dedicated to particular political goal/goals whose members lobby for the issue, educate voters + office holders, write legislation, and mobilize members to work w/legislators and government agencies
Often share a common bond: religious, racial, or professional
Can also share common interest
Lobbying: trying to influence legislators
Lobbyists are professionals, many are former legislators
Categories of interest groups:
Economic groups: promote and protect members’ economic interests, including business groups and labor groups
Public interest groups: nonprofit groups organized around a set of public policy issues, including consumer, environmental, religious, and single-issue groups
Government interest groups: localities like states and cities which have lobbying organizations in DC, including mayors, governors
Tactics:
Direct lobbying: meet privately with government officials to present arguments supporting suggested legislation, often give congress members a great deal of information
Testifying before Congress: provide witnesses at committee hearings
Socializing: hold social functions and members go to other functions to meet government officials
Political donations: donate to candidates and parties, corporations/trade groups/unions form political action committees (PACs) and super PACs
Endorsements: announce support for candidates
Court action: file lawsuits or class action suits for their interests, submit amicus curiae (friend of the court) briefs in lawsuits where they aren’t a party so judges can consider their advice
Rallying membership: engage in grassroots campaigning by contacting members and asking them to contact legislators in support of program/legislation
Propaganda: send out press releases and advertisements promoting their views
Most are ineffective
1946 Federal Regulation of Lobbying intended to allow government to monitor lobbying activities by requiring lobbyist to register with government and disclose salaries, nature of activities, and expenses
Laws prohibit certain lobbying activities by former government officials for limited amounts of time
Meant to stop influence peddling (using friendships and inside information to get political advantage)
Former House members must wait one year and senators must wait two years before directly lobbying Congress but may lobby executive branch immediately after office
Law prevents executive officials from lobbying for five years after office
Some groups complain of “revolving door” that puts former government employees into jobs as consultants and lobbyists
PACs help corporations, unions, and trade associations avoid federal laws prohibiting campaign contributions
Federal Election Campaign Act (FECA - 1974): allowed political action committees (PACs) to be formed by corporations, unions, and trade associations to raise campaign funds
Set restrictions on contributions and contributors - must raise money from employees and members and not from treasuries
Other interest groups and legislators form PACs
Bipartisan Campaign Reform Act of 2002(McCain-Feingold Act): regulated campaign finance + PAC donations
Prohibited soft money (unregulated donations) to national political parties
Limited corporate and union funding for ads about political issues within 60 days of general election and 30 days of primary
Citizens United v. Federal Election Commission(2010): Supreme Court overturned BCRA limits on PAC funding for “corporate independent expenditures”
PACs that donate to certain candidates must have limits on their contributors and donations
PACs that do not donate to specific candidates have no fundraising limits as long as they do not coordinate with candidates
Unlimited PACs are known as super PACs - generally financed by the rich but can be difficult to locate donors
Vague on what coordination is
Hard money | Soft money |
---|---|
Regulated contributions to candidates | Unregulated, unlimited contributions to parties for activities; limited by BCRA |
Regular PACs: donations from single-candidate committees to individual candidates must be less than or equal to $2500, $5000 for multi-candidate PACs
Donations to national political committees must be $15000 or less from multi-candidate PACs and $30800 from single-candidate PACs
Named after part of tax code
Tax-exempt organization that promotes political agenda but cannot advocate for/against a specific candidate
Not regulated by the FEC and not subject to contribution limits
Avoid regulations because they are political organizations but not registered as political committees
Issue advocacy vs candidate advocacy = disagreed
BCRA changed soft money rules to make establishing 527s more appealing than PACs and allowing outside groups to avoid hard money limits of BCRA
Run federally every two years
New Representative each year
Every other allows voters to select president
Each Senate seat is elected every six years, state voters choose senator 2/3 of federal elections
States usually hold their elections at the same time as federal elections to encourage voter turnout and save money
Voters choose federal officials, judges, state legislators, governors, and local officials
Also may be asked to vote on state bond issues or referenda
Incumbent advantage
Representatives who run for reelection (incumbents) win ~90% of the time
House incumbents have a greater advantage than senators
House members run in home districts, usually of one party due to gerrymandering
Victory in primary election nearly guarantees victory in general election
Two phases:
Nominations: when parties choose candidates for general election
39 states use primary elections to select presidential nominees
Voters also choose delegates pledged to a presidential candidate
Winners go to party’s national convention
Some select delegates at state caucuses and conventions
Local meetings of party members select representatives to send to statewide party meetings
Fewer participants - more informed, more politically active
All states use a form of primary to select state + legislative nominees
Candidate who receives plurality (greatest number of votes) or majority (more than half) in each primary is the winner
Runoff primary held between top two if no candidate gets the required number of votes
Most often occurs when many candidates run for an open office
Democratic Party grants automatic delegate status to elected party leaders (superdelegates), who generally support the front-runner
McGovern-Fraser Commission created in 1968 to promote diversity in delegate pool - recommended that delegates are represented by proportion of population in each state
Held between February and late spring of election year (Iowa caucus and New Hampshire primary first)
Each state has its own rules
Several types:
Closed primary: only registered members of a political party can vote
Open primary: voters can vote in one + any party primary which they choose
Blanket primary: voters can vote for one candidate per office of either party
General elections: when voters decide who will hold office
Held on the first Tuesday after the first Monday of November
Presidential elections: elections when the president is being selected
Midterm elections: elections between presidential elections
Most officials receive the endorsement/nomination of a major party
Usually have backgrounds in government
Gubernatorial (governor) experience allows candidates to claim executive abilities and are able to run as outsiders
Candidates with little-no government experience can be pursued
Usually well-respected and popular
Ex. military figure
Must begin up to two years before first primary
Most candidates campaign and prepare full-time
Presidents running for reelection and vice presidents running for presidency benefit from fame of offices
Must seek support among party organizations
Donors to election/campaign
Early stages: meeting w/potential donors, creating PACs, campaigning for endorsements of political groups/leaders
“Testing the waters”
Year before first primaries: attempt to increase public profile
Public appearances, media coverage by taking positions on issues and discussing goals of presidencies
Vulnerable to media - negative reports or media spin can damage a campaign
Primary season: raise money, get votes in primaries
Those who can’t raise their own money and don’t get enough votes are forced out of the race
Begin to assemble campaign staff who will help manage campaign
Wealthy candidates have tried to run for presidency without needing federal matching funds
Successful campaign needs large staff, transportation, and resources to hire advertising agencies, pollsters, and consultants
Raising money is very important
Presidential candidates who meet certain guidelines may be federally funded
Primary candidates who get >10% of votes can apply for federal matching funds
Double all campaign donations of $250 and less by matching them
Candidates must agree to obey federal spending limits
Candidates lose eligibility for receiving <10% of the vote in two primaries in a row until they win >10% of the vote in another primary
Government funds general election campaigns of two major candidates if they agree not to accept and spend other donations
Election spending has increased despite campaign finance reform
No public financing for congressional campaigns, no spending limits
Many believe that the current campaign finance system corrupts government
Hard to change the system
Buckley v. Valeo (1976): mandatory spending limits violates First Amendment rights to free expression
Benefits incumbents
Legislators do not want to make changes because changes could hurt chances at reelection
Candidates campaign widely during the election year
Debates, campaign in states by delivering “stump speeches”, plan media events to get positive media coverage of campaigns
Earliest primaries provide boost to winning campaign
More media exposure, easier to fundraise
Major donators usually abandon losers’ campaigns in early primaries
Grow more and more important
States have pushed forward primary election day to have more influence on which candidates win nominations - front-loading
Forces voters to choose early during the election process before they get enough information
Many hold primaries on the same day in early March (Super Tuesday)
Held by both parties to confirm nominee
Brokered conventions: held when no candidate has received the pledge of a majority of delegates and conventions must decide the nominee
Party systems designed to avoid brokered conventions - divides party, can cost election
Unifies party
Primaries can damage/divide a party - candidates attack each other and expose problems within party membership
Shows party unity for political gain
Nationally televised, covered by news media
Site of political negotiations
Different parts of the party try to win concessions in return for their support during the general election
Fights over the party platform (purpose + party goals)
Offer political drama - nominees wait until convention to announce running mates
Greatest impact of conventions on general election results is negative
Usually help candidates considerably
Polls after conventions show approval ratings rise (post-convention bump)
Changed significantly in the last century
Conventions and convention delegates used to select and nominate candidate
Campaigning for general election similar to campaigning in primaries
Rallies, debates, advertisements, positive media coverage
Differences between general + primary elections
Running against members of other parties
Primaries - candidates run against own party members, focus on small differences between them
Emphasize general policy and philosophical differences between two parties
Electoral College: created by the framers to insulate government from whims of less-educated public
Each state given number of electors = senators + representatives
Winner of state wins all of state’s electors (winner-take-all system)
Victory is more dependent on winning large states
Candidates often devote lots of time to swing states
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)
Voter turnout lower for midterm elections
American voter turnout rates are lowers among all Western democracies
Patterns:
More educated, more likely to vote
Older Americans have higher turnout rates than younger ones
Voters are less likely to vote when they think they know who will win an election
Affected by legislation
National Voter Registration Act (1993) - made voting easier
Allows voters to register at the same time they apply for a driver’s license
Photo ID laws decrease voter turnout by requiring voters to show a photo ID before voting
Controversial
May reduce voter fraud but IDs can be hard to get
Media also report election results based on age, gender, race, income level, region, and other demographics to analyze the results
Mandate: a clear message sent by the voters — a clear winner
Split-ticket voting: voting for a presidential candidate of one party and legislators of another
Leads to divided government (when one party controls the Senate and/or House and the other controls the executive branch)
Creates gridlock: two branches work against each other or can result in the creation of moderate policy
Encourages party dealignment because voters do not clearly align with their parties
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)
Can be achieved by prohibiting behavior (banning something), protecting activities (ex. granting copyrights), promoting social activity (ex. tax deductions for donations), or providing direct benefits to citizens (ex. subsidies or building things)
Depends on public opinion
Issue-attention cycle: requires policy makers to act quickly before the public gets bored and loses interest
Involves trade-offs between competing goods
Ex. finding more energy resources endangers the environment
Often has unpredictable results
Incrementalism: slow, step-by-step way of making policy
Inaction: taking no action to make policy (maintaining the status quo)
Defining the role of government: left sees a greater responsibility for the government than the right
Agenda-setting: identifying problems and changing them into political issues, ranking in order of importance
Can try to address opposing sides’ concerns
Momentous events may set the agenda
Policy formulation and adoption: legislative process, executive orders from the president, rules created by regulatory agencies, Supreme Court decisions
Policy implementation: enforcement through government agency; includes timetables, rules, and anticipated problems
Policy evaluation: is the policy effective? Have consequences created other problems?
policy can be made at federal, state, and local levels
Executive, judicial, and legislative branches can make policy, as well as bureaucracy
Lobbyists try to lobby policy-making areas of the government
Framers made it hard to make policy by having multiple policy-making centers
Causes policy fragmentation: many pieces of legislation deal with parts of policy problems but never address the whole problem
Economy is often the most important issue
President is held responsible for successes and failures of the economy
Politicians want to make policies that better people’s standards of living because of the importance of the economy
Many problems with economy: supply of money, inflation/deflation, interest rates, etc.
Mixed economies: made of capitalist free-market systems where government and private industry play a role
Private and public ownership of production and distribution of goods and services
Price is determined by free-market interplay of supply and demand
Profits after taxes are kept by owners
Periods of prosperity an economic contraction
How much should the government intervene?
Laissez-faire economists think that the government should never get involved in the economy
Pursuit of profit benefits society
Free markets are governed by the laws of nature
Readopted by US since the Cold War ended
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
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
Congress enacted tax cuts and reductions to welfare programs in 1980s, brought inflation under control but budget deficits caused large debt
How the government controls the supply of money in circulation and credit through actions of the Federal Reserve Board
Can increase amount of money in circulation by lowering interest rates, which make borrowing money less expensive and inflate the economy (higher prices and wages)
Raising interest rates deflates the economy (more stable/lower prices or wages)
Monetary policy can be implemented in three ways by the Federal Reserve Board:
Manipulating reserve requirement: raises/lowers the amount of money banks are required to keep on hand; raising shrinks the amount of money available for borrowing and raising interest rates
Manipulating the discount rate: raises/lowers interest banks pay to the Federal Reserve Board to borrow money; lowering lowers consumer loans’ interest rates and more customers will purchase
Manipulating open market operations: Federal Reserve buys/sells US government bonds; people withdraw money from banks to get bonds; as bank has less to loan, consumer interest rates rise, slowing consumer spending and economic growth
Some believe that government should only intervene to manipulate money supply
Believe that money supply should be increased constantly to accommodate growth
President receives advice about economy from:
Council of Economic Advisors
National Economic Council
Office of Management and Budget
Secretary of the Treasury
President can influence monetary/fiscal policies through appointment power and policy initiatives
Fiscal Policy Making
Director of OMB (Office of Management and Budget) initiates budget process, meets with president to discuss policy initiatives
OMB writes president’s budget and submits it to Congress
Budget sent to House Ways and Means Committee (taxing aspects of budget), Authorization committees in both houses (decide which programs Congress wants to fund), Appropriations committees in both houses (decides how much money should be spent for those programs that have been authorized)
Budget process is complicated and nearly impossible to conclude
President’s projected expenditures and revenues conflict with Congress’s
Neither trust the other’s numbers
Budget Reform Act of 1974: created Congressional Budget Office with budget committees in both houses (set revenue + spending levels); White House and Congress houses negotiate to get one acceptable budget
Failure to achieve a budget at the start of the fiscal year could result in government shutting down and employees getting sent home
Budget stop-gap bills are passed to temporarily appropriate money to keep the government running
Budget Enforcement Act of 1990: tried to streamline budget process and make it easier to compromise; categorizes government expenditures as discretionary or mandatory spending
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
Other countries depend on US as a market for their products
Balance of trade: ratio of imported products to exported products
Trade deficits: when imports are greater than exports
Cause wealth to flow from a nation
Nations often put restrictions on imported goods
Nation facing restrictions can put high import taxes or unfair regulations on products
Trade wars can result
Trade surpluses: when more money flows into a country than out
Ex. oil-producing nations
General Agreement on Tariffs and Trade (GATT): signed by the US to promote trade; evolved into World Trade Organization (WTO), which account for 97% of global trade, works to lower quotas and tariffs and reduce unfair trade practices
North American Free Trade Agreement (NAFTA - 1944): signed to promote trade between the US, Canada, and Mexico
Removed tariffs from one another’s products
Controversial
Opposed by US labor unions, feared that jobs would be lost to Mexican labor
Others feared that US industrial capacity would be damaged because factories would move to Mexico
Supporters claimed that it would improve US economy and create jobs in Mexico
Revised in 2018 and renamed United States-Mexico-Canada Agreement (USMCA)
Liberals believe that the government should provide social-welfare programs, conservatives believe they encroach on individual responsibilities and liberties
Great Society programs (Johnson administration) expanded government welfare programs but were eliminated/reduced by the Reagan administration
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
Entitlement program mandated by law in which government pays benefits to all people who meet requirements
Changing law would require congressional action
Little chance of major changes because the largest portion of the electorate is made of those around retirement age
Largest federal budget expense
Originally provided benefits to only retired people beginning at age 65
Expanded to four categories:
Retired workers who are 65+ years old receive payments from the Social Security trust fund monthly
Entitled to a COLA (cost of living adjustment) if inflation rate >3%
Necause society is aging and ratio of workers to retirees is declining, money now paid into system pays present recipients; workers will have higher taxes to maintain retirees’ incomes
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
Temporary unemployment insurance provides a limited weekly benefit; administered by state governments but both federal and state governments pay into trust fund to provide benefit
First federal welfare programs established by Social Security Act in 1930s; largest and most controversial known as Aid to Families with Dependent Children (AFDC)
Designed to help targeted groups
Public assistance programs (welfare) help families whose total income is below federally determined minimum required to provide for basic needs of family
Opposing claim that welfare encourages families to have more children
Supplemental public assistance programs (SSI) help disabled and aged living at/near poverty level
SNAP benefits provides food stamps to improve diet and buying power of the poor
Welfare Reform Act (1996): attempted to reduce number of people living on public assistance; block grants from federal government are the greatest contribution, states also fund some and administer programs
Reduces welfare rolls and forces people to find work
Abolished AFDC, replacing it with Temporary Assistance for Needy Families (TANF)
Requires adults to find work in 2 years or be cut off
Places lifetime limit of 5 years for welfare eligibility
Prohibits undocumented immigrants from receiving assistance
Americans spend more than 17% of gross domestic product (GDP) (total of goods/services produced per year) on health care
Most expensive health care system in the world
Most rely on various types of insurance programs to pay for health care costs instead of a national program run by the government
Electorate divided on how to solve issues of universal health care and health care costs
Voters want increased coverage but probably don’t want to pay for it
Only taxes paid willingly are “sin taxes” (alcohol and tobacco products), do not generate enough revenue
Another issue is whether health benefits should be government or privately administered program
Patient Protection and Affordable Health Care Act (2010) (Obamacare): signed by President Obama
Most significant health-care legislation
Allowed federal government to fine people who do not have insurance (“individual mandate”)
Framers lived at a time when there were new ideas about government organization/function
Challenged systems already in place
Enlightenment (18th century): a philosophical movement that began in Western Europe with roots in Scientific Revolution
Use of reason over tradition when solving social problems
Thomas Hobbes (Leviathan - 1660): believed that people could not govern themselves and that a monarch with absolute power would protect life best
Advocated for rule of law
Social contract with government: some freedoms sacrificed (respecting government) in exchange for government protection
John Locke (Second Treatise on Civil Government - 1690): natural rights must be protected
Empiricism: people are born with a tabula rasa (blank slate) on equal footing and everything they do is shaped by experience
Natural rights (life, liberty, property) are granted by God and government must protect them
Right to revolution if natural rights are taken away
Charles de Montesqui
eu (De l’Esprit des Lois/The Spirit of the Laws - 1748): separation of power into three branches of government
Checks and balances limited power of each branch
Jean-Jacques Rousseau (The Social Contract - 1762): people are born good but corrupted by society and should act for the greater good rather than out of self-interest
Voltaire (Candide): satirical novel, reflected dislike of Christian power and nobles
Rationality, advocate of freedom of thought, speech, religion, and politics
Denis Diderot: producer/editor of first encyclopedia, wanted to change the ways people thought by adding his own/others’ philosophies to his work
Advocate of freedom of expression and universal education access
Criticized divine right, traditional values, and religion
Philosophers favored democracy over absolute monarchy
Forms of representative democracy:
Participatory democracy: broad participation in politics/society by people at various statuses
Pluralist democracy: group-based activism by citizens with common interests who seek the same goals
Elite democracy: power to the educated/wealthy, discourages participation by the majority of people
Republicanism: supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation
American Republicanism characterized by representative democracy
Elected officials representing a group of people
Popular sovereignty: government power derives from the consent of the governed (ex. elections, protests)
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
Outlined the first government of the United States of America
Predecessor to the Constitution
Followed from 1776 to 1781; ratified and named in 1781
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)
Established the Northwest Ordinance, which created methods through which states would enter the US
Weaknesses:
1787: trade between states declined, monetary value dropped, foreign countries posed threats, social disorder throughout the country
Shays’ Rebellion (1786-1787): 6-month rebellion formed by over 1,000 farmers in which a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts
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
Meeting of the framers in 1787 in Philadelphia, Pennsylvania
Division over powers, structure, and responsibilities of government
Some believed that the government under the Articles was too weak, others believed that it shouldn’t be changed
Generally accepted as pragmatists who tried to protect their and everyone else’s property + rights
Stronger central gov’t necessary, potential to be corrupted
Federal legislature had two main issues:
Unicameral (single house) vs bicameral (two house) legislative branch
Madison’s Virginia Plan: bicameral legislature based on population size
Supported by larger states b/c of better representation
New Jersey Plan: unicameral legislature, one vote per state
Similar to Articles of Confederation
Smaller states worried that gov’t would be dominated by larger states
The Great Compromise (Connecticut Compromise): a bicameral legislature with a House of Representatives (population) and Senate (equal representation)
Representation of enslaved people
Northerners: enslaved people should not be counted for electoral votes
Southerners: enslaved people should be counted for electoral votes
Larger population when enslaved people were counted
Three-Fifths Compromise: enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives
Authority to enforce laws
Created chief executive (president)
Enforcer of the law, could keep the legislative branch in check
Presidential approval required before bills become law
President can veto acts of legislature
Congress can override veto if 2/3 of both houses vote
Supreme Court
Could mediate disputes between legislative and executive branches, between states, and between state + federal government
Acceptance of the Constitution
Had to be submitted to states for ratification
Federalists: supporters of the Constitution, advocated for a strong central government
Alexander Hamilton, James Madison, and John Jay wrote The Federalist Papers: a collection of articles supporting the Constitution
Best reflects original intent of the framers
Persuaded states of the superiority of a strong central government plus power kept by the states
Anti-Federalists: opponents of the Constitution, preferred smaller state governments (Articles of Confederation)
Believed that the Constitution would threaten personal liberties and make the president a king
Feared tyranny + abuse of power
Wanted a Bill of Rights: protects the rights of citizens from the government
Guaranteed by the Federalists and was added immediately after ratification
10 amendments written by James Madison
Created the Electoral College: composed of elected officials from each state based on population (each given 2 votes + 1 vote per member of House of Representatives) with a total of 538 electors
Originally created because the framers didn’t trust American citizens to be educated enough to choose a good president
Thought the Electoral College would protect election against the influence of small groups
Would ensure that states with larger populations didn’t completely overpower smaller states
The presidential candidate who wins 270 electoral votes wins the election regardless of who wins popular vote
Anonymous author (pseudonym Brutus) asked questions about + critiqued the draft of the Constitution
The first publication that began a series of essays known as the Federalist and Anti-Federalist Papers
National government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people
Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus + other Anti-Federalists
Written by James Madison
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
Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union
Believed that no large nation could survive and that states’ separate interests would fracture the republic
Written by James Madison
Argued that separation of powers would make the government efficient, dividing responsibilities and tasks
Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power
Written by Alexander Hamilton
Argued that the executive branch should only have one member: the president
Used the British monarchy as an example: the king had power but was checked by the House of Commons
Proposed term limits as another way to limit the president’s power (not set until the 22nd Amendment in 1951)
Major dissent: Anti-Federalists believed that only the president’s staff would influence him and disagreed with giving control of the military to one person
Written by Alexander Hamilton
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
Check on Congress
Major dissent: Anti-Federalists claimed that a federal judiciary could overpower states’ judiciaries and that judges’ lifetime appointments could result in corruption
The Constitution is vague and only outlines the government structure
Written to allow change through amendments
Branches of government have evolved since ratification
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
Not mentioned in the Constitution
Judicial branch
Marbury v. Madison(1803): Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature (judicial review)
Article I, Section 8 - the necessary and proper clause: allows Congress to make any legislation that seems “necessary and proper” to carry through its powers
Aka the elastic clause
Ex. nothing in the Constitution that creates the Federal Reserve System (central bank), nothing about the executive branch’s cabinet
Federal District Courts and Courts of Appeals both created by Congress
Supremacy clause: supremacy of Constitution and federal laws over state laws
“and the laws of the United States which shall be made in pursuance thereof...shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding”
A system of government under which the national and local governments share powers
Ex. Germany, Switzerland, and Australia
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
Supreme Court cases:
McCulloch v. Maryland(1819): court ruled that states could not tax national bank
Reinforced supremacy clause of Constitution - issues between state + federal government laws should be ruled in favor of federal
Necessary and proper clause - banks were necessary to implement federal powers
United States v. Lopez(1995): challenge to the Gun-Free School Zones Act of 1990 (banned guns on school property)
Held that commerce clause didn't allow regulation of carrying guns
New phase of federalism - state sovereignty and local control were important
Delegated (enumerated) powers: powers that belong to the national government
Ex. printing money, regulating interstate + international trade, making treaties + conducting foreign policy, declaring war, est. post offices, lower courts, rules of naturalization, and copyright/patent laws; raising + supporting armed forces, making all laws “necessary and proper” to carry out duties
Reserved powers: powers that belong to the states
10th Amendment: include any that the Constitution neither gives to the national government nor denies to the states
Ex. issuing licenses, regulating intrastate business, conducting elections, est. local governments, maintaining a justice system, educating residents, maintaining a militia, providing public health, safety, and welfare programs
Concurrent powers: shared by federal and state governments
Ex. levying/collecting taxes, building roads, operating courts, establishing courts, chartering banks + corps, eminent domain, paying debts, borrowing money
Constitution specifies which powers are denied to national government and states
Constitution makes federal government guarantee states a republican government and protection against rebellion + invasion
Prevents states from dividing or combining without congressional approval
States are required to accept court rulings, licenses, contracts, or other civil acts of other states
Changed over time
First: federal/state governments were independent
Most Americans had contact w/government on state level
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
Federal government programs
Most administered through states
Paid for by federal government through grants-in-aid
Some politicians tie strings to grants (federal government still in control over money)
Other politicians want no strings attached (state/local government decides how to spend)
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)
Borrowed idea from French political philosopher Charles de Montesquieu
Assigned different tasks to each branch of government
Legislative branch makes laws
Executive branch enforces laws
Judicial branch interprets laws
Prevents a person from being in more than one branch at a time
Has to resign in order to change positions
Designed to prevent any branch of government from becoming dominant
Requires different branches to work together and share power
Examples:
Nomination of federal judges, cabinet officials, and ambassadors
President chooses nominees who must be approved by the Senate
Negotiation of treaties
President is empowered to negotiate treaties, but they cannot go into effect until approved by 2/3 of the Senate
Enactment of legislation
Congress passes legislation, but the president can veto (reject) laws
Encourages Congress to pass laws that align with the president’s views or negotiate to avoid being vetoed
Congress can override veto by passing a law with 2/3 majority in both houses
Law becomes law regardless of president
Courts can determine constitutionality of law and overturn laws if they are unconstitutional
Amendment: the addition of a provision to the Constitution
Main process:
Proposed amendment must be approved by 2/3 of both houses of Congress
3/4 of state legislatures must ratify (approve) the amendment, and the states themselves are allowed to determine the votes required to ratify the amendment
Congress can also mandate that each state use a ratifying convention (delegates elected to vote on the amendment)
Used once to ratify the 21st amendment (1933) - ended prohibition
Another process:
2/3 of state legislatures petition Congress for a constitutional convention
Never happened before
State governments
Can take any form, but must have a state constitution approved by Congress
Most structured after federal government
Executive branch led by governor
Direct state executive agencies (education, roads/building, policing)
Command state National Guard
May grant pardons and reprieves
Most can appoint state judges with the “advice and consent” of a state legislative body
Can veto state legislation
May use a line-item veto to reject parts of bills
Denied to presidents by Supreme Court - would take too much power away from legislature
49/50 states have bicameral legislatures
Enact state law
Can override the gubernatorial (governor) veto
State judiciaries interpret state law
Trial courts and appeals courts
Hear criminal cases and civil cases (lawsuits)
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
Elections for the House of Representatives are every two years
Representatives must live in the district they represent and be a citizen of the state, and must be 25 years old
Elections take place within each district
Constituencies are smaller than senators’
Incumbent election rates are very high (>90%)
Less competitive
Elections for the Senate are every two years
Each term is six years
Senators must be at least 30 years old
More competitive, expensive, and high profile
Draw candidates from other offices
Baker v. Carr(1962): Charles Baker sued Tennessee for not redrawing its state legislative districts because his county’s population had grown but not gained representation
Violated 14th amendment (equal protection of the law)
Ruled in 6-2 decision that the government can force states to redistrict every 10 years
Led to the development of the “one person, one vote” doctrine
Gave federal courts the right to weigh in on redistricting
Shaw v. Reno(1993): white voters living in North Carolina’s 12th district sued the state for gerrymandering to isolate African Americans into the 12th district
Ruled in 5-4 decision that the state was using racial bias in its redistricting
Violated equal protection clause
Any racial gerrymandering required a compelling state interest
Voting Rights Act of 1965: encouraged states to increase minority representation in Congress
Initially made little change
1982 amended to make states create majority-minority districts (concentrating minority populations into districts)
Made it easier for minority candidates to get elected
Many states redistricted after the 1990 census, resulting in an increase of minority representation
District shapes were weird
Legislators in NC, GA, TX, and other states have been accused of gerrymandering
Black and Hispanic voters are majority Democrat, Republican-controlled legislatures were accused of trying to remove racial minority Democrats from districts to ensure more Republicans get elected
Packing: isolating minorities in a district
Cracking: dividing minorities across many districts
Population shifts gave more seats in the House to Southern states but took away seats from other regions
Suburban representation has increased, but both rural and urban have decreased
Hijacking: redrawing two districts in a way that forces two incumbents to face each other in a single district
Kidnapping: moving an incumbent’s home into another area after redistricting
The Constitution lists out the responsibilities of Congress in more detail than the other branches
Both houses have unique powers that require them to work together, including taxing, borrowing money, regulating commerce, raising an army, creating/making rules for courts, establishing naturalization laws, creating post offices, building a militia, and making laws
Taxing and spending clause (Article 1, Section 8, Clause 1): gives Congress much control over budgetary spending
“Power of the purse”: gives Congress power to influence others by preventing access to funds or adding conditions
Can be used positively to fund programs or negatively to harm an agency
House of Representatives can start spending bills and tax laws
House of Ways and Means Committee: oversees spending laws and taxing
Senate can approve presidential nominations to court and ambassadors to other countries
Must also ratify all treaties the president signs
Congress primarily writes laws
Oversight: reviews federal agencies’ work (checks executive branch), investigates charges of corruption, holds hearings (experts and citizens discuss government issues and propose solutions)
All committee chairs can subpoena (legally compel) witnesses to show and testify
Confirms members of presidential cabinet
Approves nominees for federal court
Public education: floor debates and committee hearings increase awareness of government/social issues and help to focus national attention
Representing constituents within the government: politicos (representatives of electorates, Congress members) help constituents with the government and vote on laws; can act on complaints about federal services/agencies, sponsor those who seek contracts, and seek suggestions on improvement
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
Constitutional amendments: can propose amendments by 2/3 vote in both houses or by a convention called by 2/3 of state legislatures
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
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
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
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
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
Northwest Ordinance (1787, 1789): created by the Articles of Confederation, provided guidelines for settling new territories and creating new states, reaffirmed in the Constitution in 1789
Pendleton Act (1883): got rid of the spoils system for government job selection, set up exam-based merit system for candidates
Sherman Anti-Trust Act (1890): gave Congress the power to regulate and disassemble monopolies in the US, abused to break up labor unions
Hatch Act (1939): let government employees vote in elections but prevented them from participating in partisan politics
Freedom of Information Act (1966): let the public view government documents
Air Quality Act (1967) and Clean Air Acts (1960s-1990s): regulated environmental impacts by establishing standards for factories and cars
Federal Election Campaign Acts (1971, 1974): created the FEC and required contributions and expenditures to be disclosed, created limits on presidential election expenditures and contributions, created subsidies for presidential candidates
War Powers Act (1973): put limits on presidential power to use troops overseas, created time limit, gave Congress power to withdraw troops; all presidents have declared act unconstitutional since 1973
Budget and Impoundment Control Act (1974): created Congressional Budget Office and congressional budget committees, gave Congress authority to prevent president from refusing to fund congressional initiatives
Gramm-Rudman-Hollings Bill (1985): created budget reduction targets to balance the budget; failed to eliminate loopholes
No Child Left Behind Act (2001): states must adopt education accountability standards, requires annual progress testing, and sanctions schools that fail to meet the yearly progress goals
Unfunded Mandates Reform Act (1995): Congressional Budget Office must analyze impact of unfunded mandates on states, must have separate congressional vote on bills that impose them
Espionage Act (1917), Sedition Act (1918): greatly reduced rights of Americans during war and increased federal government’s power to control public activity; repealed by Congress in 1921
Immigration Act (1924): limited number of immigrants entering the US and set strict standards for entry
Voting Rights Act (1965): eliminated literacy tests, let federal officials register voters, prevented states from changing voting procedures without the government’s approval; let federal officials count ballots and make citizens vote
Age Discrimination in Employment Act (1967): prevented age discrimination in jobs unless job is affected by age
Civil Rights Act or Fair Housing Act (1968): Title II prevented discrimination in public places based on race, color, national origin, or religion, Title VII banned employment discrimination based on gender
Title IX Education Act (1972): banded gender discrimination in federally funded education
Americans with Disabilities Act (1990): protected disabled Americans’ rights and required accommodations to public facilities; prohibited job discrimination if accommodation could be made, required access to facilities for the disabled, allowed non-paid leave of absence without fear of firing
National Voter Registration Act (1993): AKA The Motor Voter Act, allowed people to register to vote when receiving driver’s licenses
Patriot Act (2001): After 9/11, Congress permitted police authority to federal, state, and local governments to interdict, prosecute, and convict suspected terrorists; known as the USA-PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act
New Deal Legislation (1933-1939): expands role of government in society and the economy; created Social Security, the Tennessee Valley Authority, and the Securities and Exchange Commission; expanded role and size of government
Personal Responsibility and Work Opportunity Reconciliation Act (1996): Welfare Reform Act signaled change in national role with states, tried to increase role of personal responsibility in welfare recipients, shifted many responsibilities to state governments for welfare provision, ended federal entitlement status of welfare, replaced with block grants to states; recipients of grants had to work within 2 years and could not get benefits > 5 years
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
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
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
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
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
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)
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
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
Most legal cases involve civil law or criminal 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)
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
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
Not part of the Constitution
Supreme Court will not grant an appeal until all other opportunities in lower courts have been exhausted
Often refuses to hear appeal because it agrees with lower court decision
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
Only rules in cases that involve an actual legal dispute (justiciable)
Places limits on who can bring cases before it - petitioner must have interest in case outcome (have standing)
Not in the Constitution
Marbury v. Madison(1803):
Chief Justice John Marshall established judicial review
John Adams commissioned William Marbury as Justice of the Peace in DC in the last hours of his presidency, approved by Senate; President Jefferson ordered Secretary of state to not deliver commission
Article III, Section 2 of Constitution - what is the extent of the Supreme Court’s power regarding judicial review?
Ruled that the part of the Judiciary Act allowing the Supreme Court to grant the position of Justice of the Peace was unconstitutional
Both sides submit summaries of their arguments (briefs) and legal foundations
Interest groups affiliated with both side of the case submit their own briefs
Amicus curiaebriefs: effort to sway the justices, can be very influential
From October to April, court hears oral arguments for cases
Lawyers for each party have 30 minutes to present their arguments before the justices
Federal government will often take one side, solicitor general can argue on the government’s behalf
Known as the “tenth justice”
Second-ranking member of the justice department
Often makes appearances before the high court
Justices meet for a secret meeting after the oral arguments, cast votes, and write opinions
Four types of opinions:
Unanimous opinion: all justices agree, carries most force in future legal cases, ex. Brown v. Board of Education
Majority opinion: the opinion with the most votes, decides the case
Concurring opinion: justices may vote with majority but take issue with legal reasoning
Dissenting opinion: written by justices in the minority, questioning the winning side
Power of Supreme Court limited through:
Constitutional amendments
Judicial appointments/confirmations
Legislation that changes court jurisdiction
Legislation written to counteract Supreme Court decisions
President and states refuse to comply with Supreme Court decisions
Ensures that policies and programs created by Congress and executive branch are carried out
Considered part of the executive branch
Supposed to function above partisan politics
Bureaucrats operate under merit system - hires and promotes people based on skills and experience
15 cabinet secretaries and heads of independent agencies appointed by president and approved by Senate
Most people who work for the government work for one of the executive departments or other “cabinet level” agencies
Department of Defense: largest department, administered by Secretary of Defense
Reports directly to president
Each military service is led by a uniformed chief of staff
Work together as the Joint Chiefs of Staff, carry out defense policy and report directly to president and Secretary of Defense
Policy implementation: primary role of the bureaucracy, determines the process for implementing policy once passed
Must act within constitutional limits and agency jurisdiction
Can develop rules to govern policies and procedures
Secretary of department at head of each “pyramid”
Appointed by president, approved by Senate
Undersecretary is direct subordinate, appointed by president without Senate approval
Both undersecretary and secretary replaced at the end of president’s term
Personnel of Senior Executive Service below the secretaries, including appointed and non-appointed
Do not need Senate confirmation
Responsive to White House policy goals and help bureaucrats implement president’s policy preferences
Hybrid organizations, private business corporation + government agency
Freedom of action and flexibility, produce revenue to support themselves
Ex. Amtrak
USPS was originally created as a cabinet position but has become a government corporation
Corporation for Public Broadcasting produces and airs television and radio
PBS funding comes from private and government subsidies
Most programming related to public affairs, news, and culture
Not within 15 cabinet departments
Two categories:
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
Writing legislation is complex and often beyond lawmakers’ abilities and expertise - often written in general terms with many gaps
Quasi-legislative agencies: independent agencies who fill in gaps and write rules
Quasi judicial agencies: rule enforcement, punish violators
Bureaucrats often has answers for Congress
Asked for advice and expertise
Often ignored because of interest groups’ pressure
Write and enforce rules that regulate environment, economy, or industry
Examples of regulatory agencies:
Federal Trade Commission: prevents fraud in marketplace, prevents price fixing and deceptive advertising
Securities and Exchange Commission: protects investors by regulating stock markets and preventing corporations from false and misleading claims of profits
Nuclear Regulatory Commission: controls how power companies design, build, and operate nuclear reactors
Federal Communications Commission: assign broadcast frequencies, license radio/TV stations, regulate use of wireless communication
Food and Drug Administration: inspect food supply, regulate sales of over-the-counter drugs and patent medicines
Federal Energy Regulatory Commission: prevent price fixing and price manipulation in energy
Occupational Safety and Health Administration: ensures a safe work environment for workers
Run by Board of Commissioners (panels of administrators)
Appointed by president with Senate approval
Terms usually overlap president’s term, intended to minimize White House political pressure
Term is 3-14 years
Ex. Federal Reserve Board: policies affect public’s buying power - regulates banks, monetary value/supply, and interest rates
Policies can conflict with president’s policies
Political considerations always play a part in the appointment process, but presidents and boards/commissions vary regularly
Rank-and-file bureaucrats are permanent, but they do not like political interference
Presidents can promote supporters and use budget to change agency’s influence while in office
More congressional power over bureaucracy than presidential
Senate affirms/rejects appointments
Congress can destroy agencies or change jurisdiction
Final say over funding
Regulatory agencies set rules and regulations that industry must follow
Participatory process, industry involved in determining rules
Hold public hearings for testimony and advice
Law requires agencies to consult with industry in most cases before rules/regulations can go into effect
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 issues affect many groups by pro/con coalitions of interest groups, Congress members, and bureaucrats
Regulatory agency writes/publishes rules after input and debate opportunities have been exhausted
Industry can sue regulatory agency if it objects to regulation
Deregulation: removing government restrictions and regulations
Those in favor claim that competition of marketplace is all that is needed
Regulation is expensive and time-consuming
Civil service system: Office of Personnel Management is bureaucracy’s employment agency, administers civil service examination, publishes job opening lists, and hires based on merit
Established in 1883 by the Pendleton Act, which ended the patronage system (giving government jobs for political support)
Intended to create a competent, professional bureaucracy
Merit Systems Protection Board investigates charges of agency corruption, protects whistleblowers
Hatch Act (1939): passed to ensure bureaucratic neutrality; permits bureaucrats right to vote but not the right to campaign for political candidates, run for office, or work for parties
Revision of 1993 is less restrictive - bureaucrats can join political parties, make campaign contributions, and display political advertising (buttons/bumper stickers)
Still cannot run for public office, solicit campaign funds from subordinates, or make political speeches
December 15, 1791
First 10 amendments added to the Constitution within three years of its ratification
Originally written by James Madison
Civil liberties: protections from the abuse of government power
Civil rights: protections from discrimination based on race, gender, or other minorities
Barron v. Baltimore (1833): determined that Bill of Rights restricted national government but not state governments
Overturned in Gitlow v. New York, citing 14th Amendment restrictions on the states, concerned freedom of speech + press
Selective incorporation: court applies Bill of Rights on a case-by-case basis
Rights not incorporated and may be restricted by states:
Third Amendment, protection against forced quartering of troops in private homes
Fifth Amendment, right to indictment by grand jury
Seventh Amendment, right to a jury trial in civil cases
Eight Amendment, protection against excessive bail and fines
All other parts of the Bill of Rights apply equally to state + national government
None of the rights in the Bill of Rights is absolute
Court has consistently weighed rights of individuals against society’s needs
Freedom of speech
Congress cannot pass a law preventing citizens from expressing their opinions
Supreme Court has placed limits on freedoms
Clear and present danger test: a person cannot cause panic for a false reason
No constitutional protection for slander/libel, obscenity, or speech to incite violence
Followed preferred position doctrine since 1940s in determining free speech limits
Free speech is fundamental to liberty
Any limits must be because of severe/imminent threats to the nation and limited to only constraining those threats
Court protects offensive but nonthreatening speech (ex. flag burning)
Schenck v. United States(1919): a socialist (Schenck) handing out leaflets telling men not to enlist was arrested
Unanimous decision, conviction was constitutional and resulting from violation of the Espionage Act of 1917
Speech posed a “clear and present danger” to the US
Tinker v. Des Moines(1969): John and Mary Beth Tinker wore black armbands to school to protest the Vietnam War
In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that the First Amendment protects minors at school under certain circumstances
7-2 decision, ruled that children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”
Freedom of the press
Few instances in which the government can use prior restraint (crossing out parts of an article before it is published)
Media has objected to limitations of news/media - usually go to court: ned to be informed vs. security concerns
Media’s responsibility to reveal information sources - Supreme Court ruled that reporters are not exempt from testifying and can be asked to name sources
Reporters who refuse to reveal sources can be arrested
Some state have created shield laws to protect reporters in state cases
Miller v. California (1973) established 3-part obscenity test
Would the average person judge the piece as appealing primarily to a person’s sexual instincts?
Does the work lack other value?
Does the work depict sexual behavior offensively?
New York Times v. United States(1971): Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers, the government sued
Said to have violated the Espionage Act of 1917
6-3 decision - Supreme Court ruled that the newspapers could publish the Pentagon Papers because the government had not had the proof necessary to enact prior restraint
Established a “heavy presumption against prior restraint” including in cases that involve national security
Freedom of petitioning the government
Freedom of assembly
Right to assemble peacefully
Does not extend to groups/demonstrations that would incite violence
Government can restrict crowd gatherings if applied equally to all groups
Groups must not interrupt day-to-day life
Court ruled that freedom of speech + freedom of assembly implies a freedom of association: government cannot restrict groups people belong to as long as they do not threaten national security
Letter from a Birmingham Jail (Martin Luther King Jr.)
MLK arrested in Birmingham for organizing marches and sit-ins to protest segregation
Wrote a letter to African American religious leaders, outlined key ideas about importance of nonviolent protest through peaceful assembly
Freedom of religion
Free exercise of religion
Not absolute - human sacrifice, polygamy, and denial of medical treatment to children are not allowed
Ruled that Jehovah’s Witnesses cannot be required to salute the American flag and Amish children may stop going to school after 8th grade
Court weighs individual rights to free religion against needs of society
Establishment clause: Constitution prevents government from establishing state religion
Wall between church and state is not solid
Court allowed government money to provide some parochial education
Allowed tax credits for non-public school costs
Lemon test after Lemon v. Kurtzman (1971)
Does the law have a secular purpose?
Is the law neutral towards religion?
Does the law avoid “excessive entanglement” between church and state?
Engel v. Vitale(1962): families sued their children’s school district for forcing prayer in the classroom
Violated First Amendment’s establishment cause
6-1 decision ruled that school prayer violated First Amendment
Wisconsin v. Yoder(1972): three Amish families were fined for taking their children out of school after eighth grade
8-1 decision ruled that Amish families were allowed to take their children out of school after the eighth grade (free exercise clause)
McDonald v. Chicago(2010): McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, said it violated 14th Amendment’s due process clause
5-4 decision ruled that states cannot impede their citizens’ rights to keep and bear arms
United States v. Lopez(1995): Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990
5-4 decision ruled that GFSZA was unconstitutional because it was under the commerce clause but didn’t relate to commerce
Forbids quartering of soldiers and direct public support of armed forces
Most antiquated amendment
Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”
Police must go before a judge to justify a search of private property
Probable cause: judge believes that the search will find evidence of a crime
Search warrant: issued by a judge, limits where police search and what they can take as evidence
Exclusionary rule: all evidence illegally taken by police cannot be used as evidence
Objective good faith exception (1984): established by the Supreme Court, allows for convictions in cases where an illegal search occurred but was performed under the assumption that it was legal
Inevitable discovery rule: illegally seized evidence that eventually would have been found legally is admissible in court
Police may conduct a search without a warrant
May conduct a search of private property after a legal arrest, if the owner consents, if evidence is found in plain view, or if they have probable cause to believe they will find evidence of crime, especially when there are exigent circumstances (reason to believe evidence would disappear after a warrant was received)
Challenged by how the government can collect citizens’ data, especially digitally (wiretapping, collection of phone records, computer hacking)
Does the most to protect a citizen from the broad powers of the federal government
Guarantee of grand jury when a suspect is held for a capital/”infamous” crime
Prevents a person from being prosecuted repeatedly for the same crime by prohibiting double jeopardy
Establishes right of government to seize property for the public under auspices of eminent domain if the seizure can be compensated
Federal government cannot deprive a person of “life, liberty, or property by any level unless due process of law is applied”
Rights granted to the accused
Controversial rights
Some say they make it too hard to capture, try, and arrest criminals
Gideon v. Wainwright(1963): Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney
Unanimous decision that Florida violated 6th Amendment right to an attorney
Defendant cannot be forced to testify at a trial
Jury is not supposed to infer guilt if a defendant refuses to testify
Defendant must be informed of their right to remain silent, their right to a lawyer, and protection against self-incrimination when they arrested
“Mirandized”
Allows the accused to be prosecuted by an impartial jury
Right to be informed of charges, confront witnesses, subpoena witnesses for defense, and have a lawyer
Forms basis for habeas corpus
Protects against illegal imprisonment, ensures a person cannot be held indefinitely without being charged in front of a judge/in court or without a legal reason to extend detention
Extended to misdemeanor cases if they could result in jail time
Right to a speedy trial
100-day limit between arrest and trial start
Prosecutors and defense attorneys can request an extension to prepare cases
Allows for trial by jury in common-law cases
Bans excessive bail/fines and cruel or unusual punishments
Not required to offer bail to all defendants
Bail Reform Act (1984): lets federal judges deny bail to dangerous defendants or those likely to flee the country
States are allowed to set bail as high as state law permits
Cruel and unusual punishment clause is the cause of debate over the death penalty
Court has placed limits on its applications
Court has upheld the constitutionality of the death penalty when used properly
The court has moved to make it easier for states to carry out the death penalty by limiting the nature and number of appeals allowed by convicted murderers on death row
Some states have enacted moratoriums on the death penalty - methodology problems, ethical objections, flawed trial processes
Limited federal government
Rights not mentioned in the Constitution are still protected
Implied right to privacy and other rights
Supreme Court ruled that Bill of Rights contained implied right to privacy in Griswold v. Connecticut
Combination of 1st, 3rd, 4th, 5th, 9th, and 14th amendments
Most African Americans were denied almost all legal rights before the Civil War
1833 - Supreme Court ruled that the Bill of Rights applied to the federal government only
States created discriminatory/segregationist
Civil War (1861-1865) - began over the issue of slavery
Emancipation Proclamation (1863): Lincoln declared the liberation of enslaved people in the rebel states
Influenced civil rights process - increase in federal government power
13th Amendment (1865): made slavery illegal, prohibited indentured servitude
14th Amendment (1868): declared that all people born in the US were citizens and entitled to equal rights, protected by due processes
Clauses about due process and equal protection later used to apply most of the Bill of Rights to state law by Supreme Court
15th Amendment (1870): banned laws that prevented African Americans from voting based on race/history of enslavement
Civil Rights Act of 1875: banned discrimination in public places, parts overturned in 1883 by Supreme Court
Jim Crow laws + voting restrictions: passed as the federal government had less influence over the South
Supported by the Supreme Court ruling that the 14th Amendment did not protect African Americans from discriminatory state laws and would have to find equal protection from the states
Jim Crow laws: segregationist laws
Poll taxes (a tax paid to vote) and literacy tests used to keep African Americans from voting, grandfather clauses allowed poor/illiterate whites to vote (removed restrictions on anyone whose grandfather had voted)
Equal Pay Act of 1963: made it illegal to base pay on race/gender/religion/national origin
24th Amendment (1964): outlawed poll taxes
Civil Rights Act of 1964: increased rights of African Americans + other minorities, gave the federal government more ways of enforcing the law
Banned discrimination in public areas and government-funded programs
Prohibited discrimination in hiring based on color and gender
Required government to cut funding for any program that did not follow the law
Gave the federal government the power to sue when schools were segregated
Voting Rights Act of 1965: designed to counteract voting in the South; allowed to federal government to step in any area using literacy tests or where less than 50% of the population was registered to vote to register voters
Civil Rights Act, Title VIII (1968): banned racial discrimination in housing
Civil Rights Act of 1991: designed to address issues in civil rights law that had recently arisen
Eased restrictions on job applicants/employees suing employers that discriminated in hiring
Brown v. Board of Education(1954): a group of families from Kansas sued the city’s board of education for enforcing segregation
Unanimous decision ruled that school segregation was unconstitutional nationwide
Current Issues
Most public school systems are still essentially segregated because neighborhoods feeding into them are segregated
De factosegregation increased by difference in average incomes between white + Black people
De juresegregation is segregation by law
Lower-income neighborhoods end up with poorly-funded, overcrowded schools
Discrimination in employment, housing, and higher education
Affirmative action programs seek to create special employment opportunities for minorities, women, and other discriminated people, but are controversial
Opponents argue that these programs penalize white people and constitute reverse discrimination
19th Amendment (1920): granted women the right to vote
Equal Pay Act of 1963: (mentioned above)
Civil Rights Act of 1964: (mentioned above)
Title IX, Higher Education Act (1972): prohibits gender discrimination by institutions of higher education that are government-funded, used to force increase funding of women-only programs
Civil Rights Restoration Act of 1988: increased Title IX’s power, allowed government to cut funding to schools that violate it
Lilly Ledbetter Fair Pay Act of 2009: closed a loophole that limited suits on discriminatory pay based on the timing of the issuance of the first discriminatory paycheck
Expanded limits to allow suits based on any discriminatory paycheck
Sexual harassment at work has gained prominence
Difficult to prove legally
Efforts to combat it include public-awareness programs, sensitivity training, and increased legal penalties for harassers
Abortion has remained controversial since Roe v. Wade (1973 - now removed from the AP Exam)
Age Discrimination Act of 1967: prohibits discriminatory hiring based on age with an exception for jobs where age is essential to job performance, amendment banned some mandatory retirement ages and increased others to 70
26th Amendment (1971): allowed 18-year-olds to vote
Individuals with Disabilities Education Act (1975): ensured that children with disabilities have the opportunity to receive an appropriate, free public education
Voting Rights Act of 1982: requires states to create congressional districts with minority majorities to increase minority representation in House of Representatives
Resulted in creation of strangely shaped districts
Americans with Disabilities Act of 1990: requires businesses with >24 employees to make their offices accessible to disabled, requires wheelchair-accessible public transportation, new offices, hotels, and restaurants and development of wider telephone services for the hearing-impaired
Public opinion: how people feel about things
Pollsters measure public opinion
Not uniform - general public care more about political issues that directly affect their regular lives
Political issue does not have to interest the majority of the public to be considered important
Issue public: a smaller group to which an issue is important
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
Designed to measure public opinion by asking a smaller group questions
Achieved by pollsters through random sampling: allows pollsters to find information representative of the public
Benchmark polls: conducted by a campaign when a candidate initially announces
Provide campaign with baseline data to see if chances of winning election improve over time
Tracking polls: performed multiple times with the same sample to track changes in opinion
Entrance polls: collected on Election Day as voters go to cast their vote
Exit polls: conducted at polling places, targeting voting districts that represent the public and poll random voters leaving the place
Stratified random sampling: variation of random sampling; population divided into subgroups and weighted based on demographics
Questions must be carefully worded (objectively)
Polls cannot be 100% accurate
Sampling error: how wrong the poll results may be
Ex. 60% with a sampling error of 4% would mean the real percentage could be between 56 and 64%
More respondents = lower sampling error
Political socialization: the process by which a person develops political attitudes
Factors:
Family
Most people eventually are of the same political party as their parents
Children get moral/ethical values from parents
Location
Rural areas develop more socially conservative views than cities
Religious institutions
Mass media
Higher education
Large change in political beliefs
Ideology: a coherent set of thoughts and beliefs about politics and government
Conservative: less government interference; oppose most federal regulations (laissez-faire economics); social conservatives support government involvement in social issues
Liberal: more government assistance to help social/economic problems; government regulation of economy; separation of church and state
Moderate/independent: no coherent ideology; common sense over philosophical principles
Americans have fewer ideological groups
Strongly ideological Americans tend to be more politically active
Political activities/organizations
Candidates must appeal to more extreme party members in primaries but be more moderate in general elections
Factors:
Race/ethnicity: groups with lower income are usually more liberal
Religion: Jews and Protestants are more liberal; Catholics lean left but are more conservative on social issues; Protestants are more conservative
Gender: women tend to be more liberal
Income level: higher income Americans tend to be more supportive of liberal goals but more fiscally conservatives; lower income Americans are more conservative on issues except welfare
Region: East Coast is more liberal, South is more conservative, West Coast is the most polarized/mixed; cities are more liberal while rural/small towns are conservative
News media
News broadcasts on TV, radio, and the Internet
Newspapers
News magazines
Magazine broadcast programs
Newsmaker interview programs
Websites, blogs, news aggregators, online forums
Social media
Political talk radio/podcasts
Media sets the public agenda by choosing stories to cover and which to ignore
Media provides Americans with exposure to the government + politicians
Question motives of government
Exposure to news media has increased, more influence over the years
Media only affects public opinion when it is volatile or news coverage is extensive and mostly positive/negative
Most instances it does not have an effect - media covers many stories simultaneously, Americans choose media that enforce their political beliefs
Social media has become a tool for grassroots political movements
There is less ideological bias in news than critics claim
News media has become less biased throughout American history
Most news organizations want to be objective - consumers from both sides of the political spectrum
Impossible for news media to be completely objective
Simple stories are faster to run and don’t bore consumers
Time and space result in bias
Especially with TV news programs
Must report many stories in limited time
Use short sound bites
Can be biased by sources of information
Reporters who use politicians/government sources must try not to offend their sources and not become too close but demonstrate independence and credibility
Reporters are usually more skeptical about politicians’ motives than Americans are
Politicians try to influence news coverage
Photo ops
Press releases
plan appearances based on audience demographics
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 offices
Organizations with similar ideologies that try to influence election outcomes and legislative problems
Play a formal role in both
Not mentioned in the Constitution
Parties formed to unite people who had the same political ideals to elect similar-minded representatives and have similar legislative goals
Endorse candidates and help them in elections
Parties expect candidates to remain loyal to party goals
Two major political parties: Democrats and Republicans
Two-party or bi-partisan system reinforced by electoral system
Difficult for more than two major parties to get on the ballot
Intermediaries between government and people
Made of activist members, leadership, and grassroots members
Raise money, get candidates elected, and have positions on policy
Develop party platforms: list of goals that outlines party’s issues and priorities
Major purpose is to get candidates elected
Since 1960 more states have required parties to choose candidates through primary elections
Reduced power of parties - the people must choose candidates
Candidates raise their own money and campaign by themselves
Three major subdivisions:
Party among the electorate: voters identify with and enroll in parties; vote for candidates from their party
Party in government: officials belong to parties, pursue goals together (sometimes there are ideological/regional differences)
Party organization: group of people, political professionals, who recruit voters and candidates, organize events, and raise money for the party
Functions:
Recruit and nominate candidates: find candidates to run in primaries
Educate and mobilize voters: try to persuade voters to vote for party’s candidates; advertisements, rallies, and mailings; target regions with strong support, campaign to persuade voters to vote
Provide campaign funds and support: dedicated committees that raise funds for campaigns; state parties raise money for state and national candidates; help candidates (although they mostly rely on their personal campaign staff)
Organize government activity: House, Senate, and state legislatures organize leadership + committees along party lines
Provide balance through opposition of two parties: each party checks the other; minority party critiques majority party (loyal opposition)
Reduce conflict and tension in society: promotes negotiation/compromise: parties encouraged to accommodate voters and voters encouraged to accept policy compromises
National and state and local party organizations have different functions, not hierarchical
Party committees organized by geography
Local committees coordinate get-out-the-vote (GOTV) drives, canvassing door-to-door, and distribution of leaflets
Mostly made of volunteers
Work concentrated around election time
County committees coordinate local election efforts and committee efforts on the precinct level, send representatives to polling places to monitor voting
State committees raise money, provide volunteers, provide support to candidates for offices
Senatorial and congressional district committees are part of national party organization; involved in legislative elections when a seat may be lost or gained (incumbents often reelected easily)
National party plans national conventions every four years to nominate presidential candidate; sponsors polls
Some believe that parties aren’t as powerful/significant as they were before
Before 1968, one party controlled legislative and executive government branches
More Americans are voting split ticket than before
Consider positions and merits of a candidate than just party affiliation
No one party dominates government, officials with different agendas work together
Modern candidates control their own campaigns more, appeal directly to public through Internet and television
Political parties of made of multiple groups made of multiple individuals
larger coalition = candidate is more likely to win
Candidates and positions on policy are made to attract more voters, creating a winning coalition
Tend to rely on certain groups as bases of support
Both try to be centrist
Party bases
Liberals in Democratic Party
Conservatives in Republican Party
Democrats | Republicans |
---|---|
Want to spend money on welfare programs | Want to spend more on defense |
Want to use government money for public education | Want to use vouchers for private/charter schools and give government aid to religious school |
Want to grant tax relief to targeted programs | Want to grant tax relief to everyone |
Against private firearm ownership, supportive of regulations on firearms | Don’t want to regulate firearms |
Pro-choice | Pro-life |
Support collective bargaining and efforts to unionize | Oppose collective bargaining and support laws intended to limit union powers |
Occurs when coalitions making up parties split off
Ex. groups making up the majority party defect to minority party
Rare, occur usually as a result of a major negative event
Signaled by a critical election - new party dominates politics
Occur over period of time and show permanence
Trend toward dealignment: results from party members becoming disaffected because of a policy position taken by the party, disaffected members join no party and vote for candidate instead of party
Form to represent constituencies that feel disenfranchised by major parties
Known as splinter/bolter parties, usually united around the feeling that other parties do not respond to their demands
Can form to represent ideology major parties consider too radical
Doctrinal parties
Ex. Socialist Party, Libertarian Party
Single-issue parties formed to promote one principle
Ex. American Independent Party
Can have major impact on elections
Different from Independent candidates (run w/o party affiliation)
Result of electoral system designed to support two parties
Campaigns require large amounts of money and large organizations
Third party/independent candidates do not have name recognition or support to win majority of votes
Platform issues of third parties often incorporated into party platforms
Most states have winner-take-all electoral vote systems
Organizations dedicated to particular political goal/goals whose members lobby for the issue, educate voters + office holders, write legislation, and mobilize members to work w/legislators and government agencies
Often share a common bond: religious, racial, or professional
Can also share common interest
Lobbying: trying to influence legislators
Lobbyists are professionals, many are former legislators
Categories of interest groups:
Economic groups: promote and protect members’ economic interests, including business groups and labor groups
Public interest groups: nonprofit groups organized around a set of public policy issues, including consumer, environmental, religious, and single-issue groups
Government interest groups: localities like states and cities which have lobbying organizations in DC, including mayors, governors
Tactics:
Direct lobbying: meet privately with government officials to present arguments supporting suggested legislation, often give congress members a great deal of information
Testifying before Congress: provide witnesses at committee hearings
Socializing: hold social functions and members go to other functions to meet government officials
Political donations: donate to candidates and parties, corporations/trade groups/unions form political action committees (PACs) and super PACs
Endorsements: announce support for candidates
Court action: file lawsuits or class action suits for their interests, submit amicus curiae (friend of the court) briefs in lawsuits where they aren’t a party so judges can consider their advice
Rallying membership: engage in grassroots campaigning by contacting members and asking them to contact legislators in support of program/legislation
Propaganda: send out press releases and advertisements promoting their views
Most are ineffective
1946 Federal Regulation of Lobbying intended to allow government to monitor lobbying activities by requiring lobbyist to register with government and disclose salaries, nature of activities, and expenses
Laws prohibit certain lobbying activities by former government officials for limited amounts of time
Meant to stop influence peddling (using friendships and inside information to get political advantage)
Former House members must wait one year and senators must wait two years before directly lobbying Congress but may lobby executive branch immediately after office
Law prevents executive officials from lobbying for five years after office
Some groups complain of “revolving door” that puts former government employees into jobs as consultants and lobbyists
PACs help corporations, unions, and trade associations avoid federal laws prohibiting campaign contributions
Federal Election Campaign Act (FECA - 1974): allowed political action committees (PACs) to be formed by corporations, unions, and trade associations to raise campaign funds
Set restrictions on contributions and contributors - must raise money from employees and members and not from treasuries
Other interest groups and legislators form PACs
Bipartisan Campaign Reform Act of 2002(McCain-Feingold Act): regulated campaign finance + PAC donations
Prohibited soft money (unregulated donations) to national political parties
Limited corporate and union funding for ads about political issues within 60 days of general election and 30 days of primary
Citizens United v. Federal Election Commission(2010): Supreme Court overturned BCRA limits on PAC funding for “corporate independent expenditures”
PACs that donate to certain candidates must have limits on their contributors and donations
PACs that do not donate to specific candidates have no fundraising limits as long as they do not coordinate with candidates
Unlimited PACs are known as super PACs - generally financed by the rich but can be difficult to locate donors
Vague on what coordination is
Hard money | Soft money |
---|---|
Regulated contributions to candidates | Unregulated, unlimited contributions to parties for activities; limited by BCRA |
Regular PACs: donations from single-candidate committees to individual candidates must be less than or equal to $2500, $5000 for multi-candidate PACs
Donations to national political committees must be $15000 or less from multi-candidate PACs and $30800 from single-candidate PACs
Named after part of tax code
Tax-exempt organization that promotes political agenda but cannot advocate for/against a specific candidate
Not regulated by the FEC and not subject to contribution limits
Avoid regulations because they are political organizations but not registered as political committees
Issue advocacy vs candidate advocacy = disagreed
BCRA changed soft money rules to make establishing 527s more appealing than PACs and allowing outside groups to avoid hard money limits of BCRA
Run federally every two years
New Representative each year
Every other allows voters to select president
Each Senate seat is elected every six years, state voters choose senator 2/3 of federal elections
States usually hold their elections at the same time as federal elections to encourage voter turnout and save money
Voters choose federal officials, judges, state legislators, governors, and local officials
Also may be asked to vote on state bond issues or referenda
Incumbent advantage
Representatives who run for reelection (incumbents) win ~90% of the time
House incumbents have a greater advantage than senators
House members run in home districts, usually of one party due to gerrymandering
Victory in primary election nearly guarantees victory in general election
Two phases:
Nominations: when parties choose candidates for general election
39 states use primary elections to select presidential nominees
Voters also choose delegates pledged to a presidential candidate
Winners go to party’s national convention
Some select delegates at state caucuses and conventions
Local meetings of party members select representatives to send to statewide party meetings
Fewer participants - more informed, more politically active
All states use a form of primary to select state + legislative nominees
Candidate who receives plurality (greatest number of votes) or majority (more than half) in each primary is the winner
Runoff primary held between top two if no candidate gets the required number of votes
Most often occurs when many candidates run for an open office
Democratic Party grants automatic delegate status to elected party leaders (superdelegates), who generally support the front-runner
McGovern-Fraser Commission created in 1968 to promote diversity in delegate pool - recommended that delegates are represented by proportion of population in each state
Held between February and late spring of election year (Iowa caucus and New Hampshire primary first)
Each state has its own rules
Several types:
Closed primary: only registered members of a political party can vote
Open primary: voters can vote in one + any party primary which they choose
Blanket primary: voters can vote for one candidate per office of either party
General elections: when voters decide who will hold office
Held on the first Tuesday after the first Monday of November
Presidential elections: elections when the president is being selected
Midterm elections: elections between presidential elections
Most officials receive the endorsement/nomination of a major party
Usually have backgrounds in government
Gubernatorial (governor) experience allows candidates to claim executive abilities and are able to run as outsiders
Candidates with little-no government experience can be pursued
Usually well-respected and popular
Ex. military figure
Must begin up to two years before first primary
Most candidates campaign and prepare full-time
Presidents running for reelection and vice presidents running for presidency benefit from fame of offices
Must seek support among party organizations
Donors to election/campaign
Early stages: meeting w/potential donors, creating PACs, campaigning for endorsements of political groups/leaders
“Testing the waters”
Year before first primaries: attempt to increase public profile
Public appearances, media coverage by taking positions on issues and discussing goals of presidencies
Vulnerable to media - negative reports or media spin can damage a campaign
Primary season: raise money, get votes in primaries
Those who can’t raise their own money and don’t get enough votes are forced out of the race
Begin to assemble campaign staff who will help manage campaign
Wealthy candidates have tried to run for presidency without needing federal matching funds
Successful campaign needs large staff, transportation, and resources to hire advertising agencies, pollsters, and consultants
Raising money is very important
Presidential candidates who meet certain guidelines may be federally funded
Primary candidates who get >10% of votes can apply for federal matching funds
Double all campaign donations of $250 and less by matching them
Candidates must agree to obey federal spending limits
Candidates lose eligibility for receiving <10% of the vote in two primaries in a row until they win >10% of the vote in another primary
Government funds general election campaigns of two major candidates if they agree not to accept and spend other donations
Election spending has increased despite campaign finance reform
No public financing for congressional campaigns, no spending limits
Many believe that the current campaign finance system corrupts government
Hard to change the system
Buckley v. Valeo (1976): mandatory spending limits violates First Amendment rights to free expression
Benefits incumbents
Legislators do not want to make changes because changes could hurt chances at reelection
Candidates campaign widely during the election year
Debates, campaign in states by delivering “stump speeches”, plan media events to get positive media coverage of campaigns
Earliest primaries provide boost to winning campaign
More media exposure, easier to fundraise
Major donators usually abandon losers’ campaigns in early primaries
Grow more and more important
States have pushed forward primary election day to have more influence on which candidates win nominations - front-loading
Forces voters to choose early during the election process before they get enough information
Many hold primaries on the same day in early March (Super Tuesday)
Held by both parties to confirm nominee
Brokered conventions: held when no candidate has received the pledge of a majority of delegates and conventions must decide the nominee
Party systems designed to avoid brokered conventions - divides party, can cost election
Unifies party
Primaries can damage/divide a party - candidates attack each other and expose problems within party membership
Shows party unity for political gain
Nationally televised, covered by news media
Site of political negotiations
Different parts of the party try to win concessions in return for their support during the general election
Fights over the party platform (purpose + party goals)
Offer political drama - nominees wait until convention to announce running mates
Greatest impact of conventions on general election results is negative
Usually help candidates considerably
Polls after conventions show approval ratings rise (post-convention bump)
Changed significantly in the last century
Conventions and convention delegates used to select and nominate candidate
Campaigning for general election similar to campaigning in primaries
Rallies, debates, advertisements, positive media coverage
Differences between general + primary elections
Running against members of other parties
Primaries - candidates run against own party members, focus on small differences between them
Emphasize general policy and philosophical differences between two parties
Electoral College: created by the framers to insulate government from whims of less-educated public
Each state given number of electors = senators + representatives
Winner of state wins all of state’s electors (winner-take-all system)
Victory is more dependent on winning large states
Candidates often devote lots of time to swing states
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)
Voter turnout lower for midterm elections
American voter turnout rates are lowers among all Western democracies
Patterns:
More educated, more likely to vote
Older Americans have higher turnout rates than younger ones
Voters are less likely to vote when they think they know who will win an election
Affected by legislation
National Voter Registration Act (1993) - made voting easier
Allows voters to register at the same time they apply for a driver’s license
Photo ID laws decrease voter turnout by requiring voters to show a photo ID before voting
Controversial
May reduce voter fraud but IDs can be hard to get
Media also report election results based on age, gender, race, income level, region, and other demographics to analyze the results
Mandate: a clear message sent by the voters — a clear winner
Split-ticket voting: voting for a presidential candidate of one party and legislators of another
Leads to divided government (when one party controls the Senate and/or House and the other controls the executive branch)
Creates gridlock: two branches work against each other or can result in the creation of moderate policy
Encourages party dealignment because voters do not clearly align with their parties
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)
Can be achieved by prohibiting behavior (banning something), protecting activities (ex. granting copyrights), promoting social activity (ex. tax deductions for donations), or providing direct benefits to citizens (ex. subsidies or building things)
Depends on public opinion
Issue-attention cycle: requires policy makers to act quickly before the public gets bored and loses interest
Involves trade-offs between competing goods
Ex. finding more energy resources endangers the environment
Often has unpredictable results
Incrementalism: slow, step-by-step way of making policy
Inaction: taking no action to make policy (maintaining the status quo)
Defining the role of government: left sees a greater responsibility for the government than the right
Agenda-setting: identifying problems and changing them into political issues, ranking in order of importance
Can try to address opposing sides’ concerns
Momentous events may set the agenda
Policy formulation and adoption: legislative process, executive orders from the president, rules created by regulatory agencies, Supreme Court decisions
Policy implementation: enforcement through government agency; includes timetables, rules, and anticipated problems
Policy evaluation: is the policy effective? Have consequences created other problems?
policy can be made at federal, state, and local levels
Executive, judicial, and legislative branches can make policy, as well as bureaucracy
Lobbyists try to lobby policy-making areas of the government
Framers made it hard to make policy by having multiple policy-making centers
Causes policy fragmentation: many pieces of legislation deal with parts of policy problems but never address the whole problem
Economy is often the most important issue
President is held responsible for successes and failures of the economy
Politicians want to make policies that better people’s standards of living because of the importance of the economy
Many problems with economy: supply of money, inflation/deflation, interest rates, etc.
Mixed economies: made of capitalist free-market systems where government and private industry play a role
Private and public ownership of production and distribution of goods and services
Price is determined by free-market interplay of supply and demand
Profits after taxes are kept by owners
Periods of prosperity an economic contraction
How much should the government intervene?
Laissez-faire economists think that the government should never get involved in the economy
Pursuit of profit benefits society
Free markets are governed by the laws of nature
Readopted by US since the Cold War ended
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
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
Congress enacted tax cuts and reductions to welfare programs in 1980s, brought inflation under control but budget deficits caused large debt
How the government controls the supply of money in circulation and credit through actions of the Federal Reserve Board
Can increase amount of money in circulation by lowering interest rates, which make borrowing money less expensive and inflate the economy (higher prices and wages)
Raising interest rates deflates the economy (more stable/lower prices or wages)
Monetary policy can be implemented in three ways by the Federal Reserve Board:
Manipulating reserve requirement: raises/lowers the amount of money banks are required to keep on hand; raising shrinks the amount of money available for borrowing and raising interest rates
Manipulating the discount rate: raises/lowers interest banks pay to the Federal Reserve Board to borrow money; lowering lowers consumer loans’ interest rates and more customers will purchase
Manipulating open market operations: Federal Reserve buys/sells US government bonds; people withdraw money from banks to get bonds; as bank has less to loan, consumer interest rates rise, slowing consumer spending and economic growth
Some believe that government should only intervene to manipulate money supply
Believe that money supply should be increased constantly to accommodate growth
President receives advice about economy from:
Council of Economic Advisors
National Economic Council
Office of Management and Budget
Secretary of the Treasury
President can influence monetary/fiscal policies through appointment power and policy initiatives
Fiscal Policy Making
Director of OMB (Office of Management and Budget) initiates budget process, meets with president to discuss policy initiatives
OMB writes president’s budget and submits it to Congress
Budget sent to House Ways and Means Committee (taxing aspects of budget), Authorization committees in both houses (decide which programs Congress wants to fund), Appropriations committees in both houses (decides how much money should be spent for those programs that have been authorized)
Budget process is complicated and nearly impossible to conclude
President’s projected expenditures and revenues conflict with Congress’s
Neither trust the other’s numbers
Budget Reform Act of 1974: created Congressional Budget Office with budget committees in both houses (set revenue + spending levels); White House and Congress houses negotiate to get one acceptable budget
Failure to achieve a budget at the start of the fiscal year could result in government shutting down and employees getting sent home
Budget stop-gap bills are passed to temporarily appropriate money to keep the government running
Budget Enforcement Act of 1990: tried to streamline budget process and make it easier to compromise; categorizes government expenditures as discretionary or mandatory spending
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
Other countries depend on US as a market for their products
Balance of trade: ratio of imported products to exported products
Trade deficits: when imports are greater than exports
Cause wealth to flow from a nation
Nations often put restrictions on imported goods
Nation facing restrictions can put high import taxes or unfair regulations on products
Trade wars can result
Trade surpluses: when more money flows into a country than out
Ex. oil-producing nations
General Agreement on Tariffs and Trade (GATT): signed by the US to promote trade; evolved into World Trade Organization (WTO), which account for 97% of global trade, works to lower quotas and tariffs and reduce unfair trade practices
North American Free Trade Agreement (NAFTA - 1944): signed to promote trade between the US, Canada, and Mexico
Removed tariffs from one another’s products
Controversial
Opposed by US labor unions, feared that jobs would be lost to Mexican labor
Others feared that US industrial capacity would be damaged because factories would move to Mexico
Supporters claimed that it would improve US economy and create jobs in Mexico
Revised in 2018 and renamed United States-Mexico-Canada Agreement (USMCA)
Liberals believe that the government should provide social-welfare programs, conservatives believe they encroach on individual responsibilities and liberties
Great Society programs (Johnson administration) expanded government welfare programs but were eliminated/reduced by the Reagan administration
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
Entitlement program mandated by law in which government pays benefits to all people who meet requirements
Changing law would require congressional action
Little chance of major changes because the largest portion of the electorate is made of those around retirement age
Largest federal budget expense
Originally provided benefits to only retired people beginning at age 65
Expanded to four categories:
Retired workers who are 65+ years old receive payments from the Social Security trust fund monthly
Entitled to a COLA (cost of living adjustment) if inflation rate >3%
Necause society is aging and ratio of workers to retirees is declining, money now paid into system pays present recipients; workers will have higher taxes to maintain retirees’ incomes
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
Temporary unemployment insurance provides a limited weekly benefit; administered by state governments but both federal and state governments pay into trust fund to provide benefit
First federal welfare programs established by Social Security Act in 1930s; largest and most controversial known as Aid to Families with Dependent Children (AFDC)
Designed to help targeted groups
Public assistance programs (welfare) help families whose total income is below federally determined minimum required to provide for basic needs of family
Opposing claim that welfare encourages families to have more children
Supplemental public assistance programs (SSI) help disabled and aged living at/near poverty level
SNAP benefits provides food stamps to improve diet and buying power of the poor
Welfare Reform Act (1996): attempted to reduce number of people living on public assistance; block grants from federal government are the greatest contribution, states also fund some and administer programs
Reduces welfare rolls and forces people to find work
Abolished AFDC, replacing it with Temporary Assistance for Needy Families (TANF)
Requires adults to find work in 2 years or be cut off
Places lifetime limit of 5 years for welfare eligibility
Prohibits undocumented immigrants from receiving assistance
Americans spend more than 17% of gross domestic product (GDP) (total of goods/services produced per year) on health care
Most expensive health care system in the world
Most rely on various types of insurance programs to pay for health care costs instead of a national program run by the government
Electorate divided on how to solve issues of universal health care and health care costs
Voters want increased coverage but probably don’t want to pay for it
Only taxes paid willingly are “sin taxes” (alcohol and tobacco products), do not generate enough revenue
Another issue is whether health benefits should be government or privately administered program
Patient Protection and Affordable Health Care Act (2010) (Obamacare): signed by President Obama
Most significant health-care legislation
Allowed federal government to fine people who do not have insurance (“individual mandate”)