American Government Flashcards

Jean Rousseau

• The Social Contract: Describes the agreement between government and the people.

  • Government secures natural rights.

  • People follow laws.

  • Popular Sovereignty: The people are the ultimate ruling authority and elect officials to make laws.

  • Consent of the Governed

Republicanism

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

Enlightenment Thought

• Natural Rights, Social Contract, Consent of the Governed

  • Thomas Hobbes: The Leviathan; believed a strong absolute power was necessary for stability and order and preferable to the “natural” state of people = chaos; also pushed for a social contract.

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

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

Declaration of Independence

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

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

Articles of Confederation

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

  • Weaknesses:

    • Federal government couldn’t levy taxes, build an army, regulate commerce

Constitution

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

Elite Democracy

• Representative democracy with elites having the most influence; proponents argue it creates a perhaps unequal, but competent government and spread of power.

• Framers sought to have popular participation but believed regular people would be swayed over by demagogues and would be unwise picks for policy making.

• All branches of government are an example of Elite democratic models.

Federalist No.10

• Argued that the Constitution limited the power of factionalism & personal gain/interest of representatives by creating a system of pluralist representation on different levels. Such would prevent the rule of the majority, one state, or one person.

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

Types of Democracy

• Representative Democracy: Elected officials represent people’s concerns.

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

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

  • Marxist View: Government is controlled by rich capitalists due to special interest & since they dominate the economy.

  • Creedal Passion: Believe a morally impassioned elite rule politics; run on social platforms rather than economic ones; abortion rights, desegregation, etc. based on moral views.

  • Bureaucratic View: Government is controlled by large bureaucracies & appointed (un-elected) officials which implement and “make” policy.

Early Political Tensions

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

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

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

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

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

Representative Democracy Today

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

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

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

Government Power & Individual Liberties

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

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

Challenges of the AOC

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

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

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

• Weaknesses of AOC

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

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

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

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

  • No national court system; no Supreme Law.

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

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

Ratification of the Constitution

• Constitutional Convention: Site of discussions over the ratification of the Const.

  • Differing Interests

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

      • Favored by large states

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

      • Favored by small states

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

Constitution

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

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

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

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

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

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

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

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

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

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

Principles

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

Bill of Rights

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

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

• II Right to bear arms

• III No quartering of troops

• IV No unreasonable searches or seizures

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

• VI Speedy trial by public jury

• VII Lawsuits & juries

• VIII No cruel or unusual punishments

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

• X Everything not mentioned goes to states

Constitutional Debates Today

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

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

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

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

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

Principles of American Government

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

Legislative Branch

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

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

  • Access Points

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

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

Executive Branch

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

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

Judicial Branch

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

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

Separation of Powers

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

Checks and Balances

• Each branch can limit one another

  • Lawmaking

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

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

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

    • Congress can override veto with a super majority (\frac{2}{3}) in each house

  • Appointments

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

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

Federalism

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

Relationship Between States & Federal Government

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

• Constitutional Provisions

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

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

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

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

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

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

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

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

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

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

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

• Mandates: Require states to comply with federal directive; unfunded - no funds were used, funded - funds were used to force states; can be issued by all three branches of government; often used for civil rights, environmental protection, & societal needs; examples include;
  * Clean Air Act: Set requirements for states on pollution
  * Americans with Disabilities Act: Required public sector buildings and transportation to be accessible to people w/ disabilities

Constitutional Interpretations of Federalism

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

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

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

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

• State Power

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

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

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

McCulloch v. Maryland (1819)

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

• Decision: Yes

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

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

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

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

Dual Federalism

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

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

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

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

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

  • Examples:

    • FBI: created a national police

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

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

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

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

• SCOTUS & Commerce Clause in the 1900s

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

U.S. v. Lopez (1995)

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

• Decision: No

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

• Reasoning

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

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

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

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

Federalism in Action

• Environmental Policy- Multiple actors & institutions interact to implement environmental policies; power is shared between federal government & state governments

  • Early Policy: Preservation of national parks by Teddy Roosevelt

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

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

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

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

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

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

• Marijuana: Liberty vs. Order Dispute

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

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

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

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

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

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

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

Congress

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

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

    • Senate Terms: Framers gave senators 6-year terms and made offset it so that \frac{1}{3} of senators were re-elected each two years to maintain consistency & order

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

Differences between House & Senate

Congressional Seats

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

Caucuses

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

Powers of Congress

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

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

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

  • Foreign & Military Affairs: Congress can raise armies, ratify treaties (\frac{2}{3} votes in Senate), create a draft, & declare war; foreign policy is determined both by Congress & President, but only Congress can declare war (to stop a potential tyrannical president from declaring war); Congress cannot deploy troops or receive ambassadors

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

Committees

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

Structure, Powers, & Functions of Congress

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

House Leadership

• Most to least powerful

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

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

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

Senate Leadership

• Most to least powerful

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

  • Senate Whips: Essentially the same as House Whips

  • President of Senate: Vice President; casts tiebreaker vote

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

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

  • Examples:

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

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

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

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

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

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

House Rules

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

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

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

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

Senate Unique Rules

• Less centralized & hierarchical w/ fewer restrictions on debate

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

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

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

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

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

Foreign Policy

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

Legislative branch budgeting

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

Legislative Process

• Introducing & Amending Bills: Bills are authored by staffers, lobbyists, White House liaisons, or Think Tanks; Bill’s Sponsor (Congress member) presents the bill & it’s numbered; S.1 (Senate) or H.R.1 (House)

  • Nongermane Amendments/Riders: Amendments put onto a bill to advance a particular members agenda or the political chances of the bill; can force sponsors to vote against their own bill after nongermane amendments they disagree w/

  • Omnibus Bill: A bill that includes multiple areas of law or programs after numerous riders

  • Pork-Barrel Spending: Last-minute riders to allocate funds to a member’s specific state or district to avoid debate; e.x. Senator Ted Stevens (R-AK) added a rider to build a bridge between a small town & airport in a bill for arming soldiers in Iraq

• Assigning Bills to Committee: Senate Maj. Leader & House Rules Committee assign bills to committees based off their jurisdiction; may send it to multiple committees because of overlap

  • Committees: Three stages: hearings, markups, & reporting out

• Voting on Bills: Extremely hard part of committee as lawmakers have to follow their state/district & party

  • Logrolling: Trading votes to gain support for

Unit 1: Foundations of American Democracy

Enlightenment Ideals & Declaration of Independence

• Jean Rousseau: Agreement between government and people where government secures natural rights and people follow laws. Advocates popular sovereignty and consent of the governed.

• Republicanism: Limited, elected government protecting natural rights.

• Enlightenment Thought: Natural rights, social contract, consent of the governed. Key figures: Hobbes, Locke, Montesquieu.

• Declaration of Independence: Claims popular sovereignty and right to abolish/replace a government.

Forms of Democracy

• Elite Democracy: Elites have most influence, all branches exemplify this.

• Federalist No.10: Constitution limits factionalism.

• Representative Republic: Elect President (via Electoral College) and Representatives.

• Types of Democracy: Representative, Participatory, Pluralist. Views: Marxist, Creedal Passion, Bureaucratic.

Unit 2: The Constitution

Articles of Confederation & Constitution

• Articles of Confederation: Weak federal government. Weaknesses: couldn’t tax, build an army, regulate commerce.

• Constitution: Checks and balances, state & federal differentiation, balance between majority rule and minority rights.

Ratification Debates

• Early Political Tensions: Federalists vs. Anti-Federalists (Brutus No.1).
  -Federalist: wanted the ratification of the Constitution
  -Alexander Hamilton, James Madison, John Jay.
  -Anti-Federalist: opposed ratification
  -Brutus: Anti-federalist version of the Federalist Papers.

• Government Power & Individual Liberties: Federalists vs. Anti-Federalists on Const. Ratification, Bill of Rights.

• Challenges of the AOC: Weaknesses in structure and powers.

• Ratification of the Constitution: VA Plan, NJ Plan, The Great Compromise.

Constitutional Principles

• Constitution: Articles I-VI, 3/5s Compromise, Electoral College, Commerce Compromise.

• Principles: Representative Republic, limited yet flexible government.

• Bill of Rights: Anti-federalist push. Amendments I-X.

• Principles of American Government: Federalist No. 51 on separation of powers.

Unit 3: Federalism

Federalism & the Constitution

• Federalism: Tenth Amendment.

• Relationship Between States & Federal Government: Federalism, constitutional provisions (Article \, VI, Article \, IV), exclusive, police, concurrent powers, federal grant program (categorical, block), devolution, mandates.

• Constitutional Interpretations of Federalism: Article \, I Section \, 8, Commerce Clause, Necessary and Proper Clause, Section 9, Section 10, 10th Amendment, 14th Amendment.

Federalism in Action

• McCulloch v. Maryland (1819): Implied powers, federal law supremacy.

• Dual Federalism: Separate spheres for national and state governments.

• U.S. v. Lopez (1995): Limits of Commerce Clause.

• Federalism in Action: Environmental policy, marijuana legalization.

Unit 4: The Legislative Branch

Structure & Powers of Congress

• Congress: Bicameral legislature, Senate, Representatives.

• Differences between House & Senate: Qualifications, powers, members, structures.

• Congressional Seats: Reapportionment Act of 1929.

• Caucuses: Groups of like-minded lawmakers.

• Powers of Congress: Enumerated, implied.

• Committees: Tackle specific issues.

• Structure, Powers, & Functions of Congress: Leadership roles.

Congressional Leadership & Rules

• House Leadership: Speaker, Leaders, Whip.

• Senate Leadership: Leaders, Whips, President, President Pro Tempore.

• Standing, Joint, Select, Conference Committees: Types of committees.

• Oversight Hearings: Congressional oversight of executive agencies.

• House Rules: Germane Amendments, Rules Committee, Committee of the Whole, Discharge Petition.

• Senate Unique Rules: Filibuster, Cloture, Unanimous Consent, Hold, Cloture Rule.

Congress and Foreign Policy

• Congress and Foreign Policy: Senate ratification of treaties and appointment of ambassadors. Federalist No. 75 advocates for Senate having more foreign policy power.

Unit 5: Constitutionalism in Modern America

• Contemporary Issues: Constitutional Debates Today: Patriot Act, Education (No Child Left Behind, Every Student Succeeds).

Unit 6: Representative Democracy Today

• Representative Democracy Today: Initiative & referendum (local/state), pluralist interests compete, elitist influence present.

Unit 7: Elections and Campaigns

Campaign Finance

• Federal Election Campaign Act (FECA): Restricted amount individuals/groups could donate to campaigns; Amended in 1974 to create FEC (Federal Election Commission) for campaign oversight.

• Buckley v. Valeo (1976): SCOTUS struck down portions of FECA, stating that limits on what individuals could spend on their own campaigns violated the First Amendment.

• Bipartisan Campaign Reform Act (BCRA): McCain-Feingold Act; banned soft money (unlimited funds) to political parties; limited issue ads before elections.

• Citizens United v. FEC (2010): SCOTUS ruled that corporations and unions have the same First Amendment rights as individuals, so the government can’t restrict their independent political spending.
  -Super PACs & 501(c)(4) Groups: Independent expenditure-only committees that can raise unlimited funds from corporations, unions, and individuals; 501(c)(4) groups are nonprofits that can engage in political activity as long as it’s not their primary activity.

Voting Rights & Gerrymandering

• Voter Turnout: Factors include age, education, income, race, and civic engagement. Lower turnout among younger voters and minority groups.

• Voter ID Laws: Require voters to show government-issued photo ID to vote.
  -Supporters: Prevent voter fraud.
  -Opponents: Disproportionately affect minority and low-income voters who may lack IDs.
  -Gerrymandering: Redrawing electoral district boundaries to favor a particular party or group.
  -Packing: Concentrating voters of one party into a few districts to reduce their influence elsewhere