Midterm Review

AP Government

Principles of Government

Government • Institutions and procedures that rulers establish

to strengthen their power or control over a land and its inhabitants.

– Simple – tribal council

– Complex – structures with elaborate procedures, laws, and bureaucracies

• Complex Government - state

– Abstract concept - source of all public authority

How Governments Are Different? • Who Governs?

– Autocracy – one – Oligarchy – small group of landowners, military

officers, or wealthy merchants – Democracy – Majority of population have influence

over decision-making

• How much government control is permitted? – Constitutional – (Liberal) Restricted by substantive

limits – Authoritarian – No formal limits but government is

restrained by the power of other social institutions. – Totalitarian – No formal limits to power and

government seeks to absorb or eliminate other social institutions that challenge it.

Limits on Government Actions • Substantive Limits

– When governments are severely limited in terms of what they are permitted to control

• Procedural Limits – Limited in how they go about exercising the control of

society

Politics • Retail Politics – Dealing directly with

constituents and their problems individually

• Wholesale Politics – Dealing with a collection of constituents. Large groups.

Gatekeeping

• Agenda Power – What is considered first

– Gatekeeping – Engaged in agenda power

– Block proposals

• Veto Power – Defeat something even if part of agenda.

History

Articles of Confederation • November, 1777

– First written constitution

• Designed to limit powers of central government.

• Relationship between states and central government - U.N.

• Former Army captain attempted to stop foreclosures on debt-ridden land in Massachusetts.

• Constitutional Convention of 1787

Shays Rebellion

Under the Articles of Confederation

Central government

• Lacked executive branch

• Unicameral Legislature

• Lacked coercive power over the states (even in the areas of taxation and conscription). –Coercion – principle power used by

government to get people to follow laws.

• Need strong National Government

Constitution • Combination - founders principles and economic

interests.

• “father” - James Madison.

Great Compromise • Bicameral

• Each state - equal number of senators - Senate

• House of Representatives - population

• Connecticut Compromise.

• Virginia Plan and the New Jersey Plan.

The Constitution

• Institutional procedures – Division of Power

• Most important rules and procedures - Constitution.

• Representation - foundation of democracy.

• Equality – Protect minority groups

Constitution - pit self-interest against

self-interest.

Supreme Court - “dual citizenship”

5th Amendment and Bill of Rights only protected citizens from the national government.

Constitution

Constitution • Most important elements

– Federalism

– Separation of Powers

• Federalism

– Limit government - two levels - national and state.

• Separation of Powers

– Limit power of national government

– Dividing government against itself

• legislative, executive, judicial branches

• separate functions - share power

Constitutional Qualifications • President

– Minimum 35 years old

– Resident of U.S. - 14 years

– Natural born citizen

• Senator – Minimum 30 years old

– U.S. citizen for 9 years

– Resident of state they represent

• Representative – Minimum 25 years old

– U.S. citizen for 7 years

– Resident of district they represent

Legislative Branch

Article I

• bicameralism (House and Senate)

–Divided power

• expressed powers

• potential expansion of congressional and national government power

–“necessary and proper” clause.

Constitution • Framers - legislative supremacy

- Congress preeminent branch.

• Powers given to Legislative branch

– Sole power of appropriations

– Power to initiate all revenue bills

– Divided against itself, House vs. Senate

Divided government

• One party controls the White House and the other party controls at least one chamber of Congress

Powers of National Government • In Constitution

• Article I - Section 8 – 18 Expressed powers of national government.

– All other powers reserved for states

• “Necessary and Proper Clause”

– Implied powers • Expansive interpretation of

delegated powers

• Supremacy Clause

– All national laws and treaties the “Supreme Law of the Land”.

Article II - Executive Branch –President - independent of congress

–Country’s “commander in chief”

–Chief diplomat.

–Other powers • appointment of executive and judicial officials

• veto of congressional acts.

Federal Judiciary

–Justices and judges

• appointed by president

• confirmed by Senate.

–Lifetime terms.

–Federal judicial is supreme over state courts.

Article IV - Promote national unity and power:

– Reciprocity among states-

“full faith and credit” to acts of other states

–Guarantees that citizens of any state receive the “privileges and immunities” of every other state

Article IV, Section 1 • Full Faith and Credit

– Drivers license, marriage license

– Controversy

• Same sex marriages

• Privileges and immunities – Cannot discriminate against someone from another

state – No special privileges to its own residents

• Criminal Justice – States - required to return fugitives to the states they have fled.

Article IV, Section 2

Article V - Amending the Constitution.

Proposing Amendments

Constitutional amendments - proposed either

(a) by passage in the House and Senate by a 2/3s vote

or

(b) by passage in a national convention called by Congress in response to petitions by 2/3s of states.

Article VI

“supremacy clause”

Laws and treaties of national government are supreme law of the land.

Bill of Rights • Purpose - structured to give the 3 branches clearer

and more restricted boundaries.

• 1st Amendment - jurisdiction of Congress.

• 2nd, 3rd, and 4th Amendments – limits executive branch.

• 5th, 6th, 7th, and 8th Amendments –limits judicial branch.

• 9th and 10th Amendments – limit National Government.

Powers of State Government • Anti-federalists

– Fear strong central government

– Limit national power.

– 10th Amendment - reserved powers amendment.

• States - Power of coercion

– Develop and enforce criminal codes

– Administer health and safety rules.

– Regulate the family via marriage and divorce laws.

– License individuals

– Power to define private property.

– Regulations of fundamental matters known as police powers

• Concurrent Powers

– Chartering banks, licensing businesses, labor conditions, products.

Compacts • Two or more states reach legally binding agreements

about how to solve a problem that crosses state lines.

– Ex – Port Authority of New York and New Jersey

McCulloch v. Maryland • First case favoring national

power

• Question - Congress had the power to charter a bank

– Bank of the United States

– “Necessary and proper” used to expand power

• 2nd Question - Maryland had the right to tax the bank

– “the power to tax is the power to destroy”

Gibbons v Ogden

• State of New York could grant a monopoly to Robert Fulton’s steamboat company to operate an exclusive service between New York and New Jersey.

• Ogden got his license from Fulton but Gibbons got his from the U.S. government.

• Marshall used the commerce clause to establish interstate commerce as a source of power for the federal government.

Stages of Federalism 1789 1937 1960 1970 1990

1. “Dual Federalism”

2. “Cooperative Federalism”

3. “Regulated Federalism”

4. “New Federalism”

STAGE 1: “Dual Federalism” (1789–1937)

Layer Cake STAGE 2: “Cooperative Federalism” (1937 - ?)

Marble Cake STAGE 3: “Regulated Federalism” (1960s–?) “Coercive Federalism.” STAGE 4: “New Federalism” (1970s–?) Discretion to states

Grants-In-Aid • Give money to states and localities with the condition the

money will spent on particular purpose.

• Categorical Grants-In-Aid

– Specific categories such as education or crime prevention. Set national standards – ex. Speed limit 55

• Block Grants

– Funds with relatively few restrictions for states.

• Project Grants

– Submit proposals to federal agencies.

• Formula Grants

– Use a formula (Need, Capacity to Pay) to determine the amount of federal funds states receive.

• Unfunded Mandates

11th Amendment

• State Sovereign Immunity

– States immune from lawsuits by private individuals or groups claiming that state violated a statute enacted by Congress.

• Supreme court -

referee in these issues.

Separation of Powers • Each branch of government ability to partially or

temporarily obstruct the workings of each other.

• Checks and Balances.

Role of Supreme Court

• Judicial review

• Between Civil War and 1970 – 84 acts of Congress were declared unconstitutional.

3 Principles

• Primary framework of Constitution

– Federalism – Between central and regional govts.

– Separation of power

– Individual rights - liberty

Congress

Functions of Congress

- Representation

- Legislation

- Oversight

Goals of Members

- Reelection

- Public policy

- Political influence

Institutional functions of Congress and the individual goals of members are connected.

Constituency Service • Representatives are

often evaluated on their ability to take care of constituent needs.

• 2/3 of Representatives work - casework

– Taking care of their needs

• Patronage

– Direct services and benefits provided to Representative’s district

• Pork-Barrel Legislation

– Get federal projects and federal funds for their districts or states.

– “Bring home the bacon”

• Earmark

– Insert language in a bill that will bring benefits to constituents or area.

“Great Compromise” – House meant to represent the people

Senate designed to represent the states.

The House

• 435 members

• two-year term

• membership per state varies by population

• tend to have localized, narrow constituencies

The Senate

• 100 senators

• six-year term

• states represented equally (two senators)

• have broader, more diverse constituencies

Important differences between House and Senate

The House

• Represent narrow constituencies

• More organized, with centralized authority

• Members - greater degree of policy specialization

• Generally quicker to act

The Senate

• Representing broader, statewide constituencies

• Less organized, more individualistic

• Senators tend to be “generalists”

• More deliberative

Representation Styles

Trustees - own judgments when they disagree with their constituents.

Senators

Delegates - closely follow preferences of their constituents.

Members of the House

1789 – senators selected by state legislatures

1913 - 17th Amendment - direct election senators

1789 - average representative had a constituency of 30,000

Today - 730,000.

Congress • Congress - power to

– Declare war and make peace

– Raise and support armed forces

– Coin and print money

– Establish post offices and roads

– Ratify treaties

– Raise Taxes

– Approve appointment of federal judges

• Elections

• Competitive Advantages

– name recognition

– fundraising advantages

– more media coverage

• Advantages of Office

– free mailing to constituents (franking privilege)

– providing casework

– bringing legislative projects to the district

Redistricting and Voting • Gerrymandering

• Race - controversial consideration in drawing voting districts.

• Gerrymandering can have a major effect on the outcome of elections.

Party Organizations • Weakened since beginning of 20th century.

• Party leaders can insure party discipline

– Committee assignments

– Whip system

– Logrolling

• Reciprocal agreements made between legislators, usually in voting for or against a bill.

• Unites parties that have nothing in common but their desire to exchange support.

Leadership - Congress

• Speaker of the House

– Selected from Majority party in House

• Senate - President Pro Tempore

– majority party’s most senior member

• Whip System

– Communications network to take polls of members intentions on specific bills.

– Helps maintain party unity

Informal Organizations

• Caucuses

– Group of senators or representatives who share certain opinions, interests, or social characteristics.

• Examples – Liberal Democratic Study

Group

– Conservative Democratic Forum

– Travel and Tourism Caucus

– Steel Caucus

– Congressional Black Caucus

– Hispanic Caucus

Committee System

Congress - system of standing committees that propose, research, and write legislation.

Committees enjoy influence due to:

– legislative expertise

– jurisdiction over policy areas

–procedural advantages over the committee’s legislation

Congressional Committees

• Committee chairs selected according to seniority

• House of Representatives

–Rules Committee

• 2000 Committee staffers employed by Congress.

• Numerous subcommittees

• Interests groups, legislative specialists, experts not on committee, academics - influence on legislation.

Legislative Process • Congressional session - 8,000 bills introduced.

• 85% to 90% “die in committee”.

• In the House of Representatives, the Rules Committee sets the debate standards for the entire legislature. – When it is scheduled, time limit, amendments.

• Closed Rule – Puts severe limits on floor debate and amendments.

• Open Rule – More floor debate, easier to add amendments that could cripple a bill or

weaken chances of passing.

• All revenue bills start in the House

Creating Legislation - Debate • Influenced from inside

– Party leadership

– Congressional colleagues

– President

• Interest groups – Campaign contributions

– Iron Triangle

• Floor Access – Rules committee, Senate leadership

• Member Recognition during debate

– Publicize themselves to constitutents

Congress & Senate Debate • Senate – 3/5s vote to

pass legislation - cloture. 60 votes

• 2/3’s - pass treaties

• Senators - prevent action on legislation

– Filibuster

– Amendments

– Holds

• Conference committee

– House and Senate

• White House - Veto

– Veto override 2/3

Congress plays

important roles in the separation of powers:

–oversight

–advise and consent

– impeachment

Executive Branch

Delegated powers -

constitutional powers assigned to one governmental agency but exercised by another agency with express permission of the first.

Inherent powers - powers claimed by a president that are not expressed in the Constitution - inferred

President’s expressed powers – Defined Article II, Sections 2 and 3

Several categories - military, diplomatic, judicial, executive, & legislative.

Expressed Presidential Powers

• Veto Proposed Bills

• State of the Union address

• Nominate Cabinet positions, SC Justices, Federal Judges

• Grant Pardons (Amnesty)

• Commander in Chief

• Make Treaties

• Diplomat

• Oversee Executive Branch Departments

Other Executive Powers

• Executive Orders

– formal status of legislation

– Signing Statements

• Executive Agreements

– Like a treaty – no congressional approval

• Executive Privilege

• Rise of Presidential Power

– Adoption of National convention system strengthened the presidency

– FDR

– industrialization, urbanization, and greater integration of global economy

Formal Resources of President

• The Cabinet

• The White House Staff

• The Executive Office of the President

• The Vice Presidency

Executive Departments

• Cabinet –

– Modern cabinet composed of the Attorney General and the heads or secretaries of the 15 executive departments.

– Vice President and 5 others have cabinet rank.

– President appoints • must be confirmed by the Senate.

• Departments – Different policy areas.

– All administrative work necessary to enforce laws or assist

the president in his executive duties.

The White House Staff or Office • Mainly analysts, advisors, and special assistants.

– Not the janitors and cooks in WH

• Enjoy close relationship with President.

• Small, informal group of close advisors - “Kitchen Cabinet”.

• Staff - “executive privilege”. – Confidentiality

Executive Office of the President • National Security Council – coordinates matters of national

security across agencies, “inner cabinet”

• Council of Economic Advisors – advises on economic issues.

• Office of Management and Budget –reviews the budgetary implications of federal programs and legislation.

• Council on Environmental Quality - Environmental issues

• White House Office –important personal and political advisors to the president - legal counsel, president’s personal secretary, and the chief of staff. Takes care of presidents personal needs and manages the press.

Vice President • Two purposes

– Preside over Senate and cast tie-breaking vote when necessary.

– Succeed the president in case of death, resignation, or incapacitation

• Serve as diplomat representing the president, take part in policy meetings, help raise funds for their party

• Main value – political for electoral purposes.

Expanding Presidential Power

• 1800’s - Congress was America’s dominant institution of government

– Congress treated the president with distain.

• Today – president has expanded power.

• 3 ways expanded power

– Political Party

– Administration

– Popular mobilization

Bureaucracy

Why Bureaucracy?

• Bureaucratic Organization Enhances Efficiency

• Bureaucracies Allow Governments to Operate

• Bureaucrats Fulfill Important Roles

– Implement Laws or Policies

– Make and Enforce Rules

– Bureaucrats Settle Disputes

• Allows Legislatures to Delegate

Bureaucracy

Organizations – pyramid shape.

Bureaucratic hierarchies - “chain of command”

Clear hierarchy - eases flow of information

Division of Labor - more efficient structure.

Types of Executive Agencies • Department - Cabinet level

– Bureau level - responsible for specialized programs.

• Independent Agencies – outside the departmental structure.

– National Aeronautics and Space Administration (NASA), Central Intelligence Agency (CIA), and Environmental Protection Agency (EPA)

• Government Corporations - Like private businesses

– United States Postal Service and Amtrak.

• Independent Regulatory Commissions

– Broad discretion to make rules

Bureaucrats Selection - merit through civil

service system (Civil Service Exam) - implement public policy - make administrative rules - apply rules in specific cases “quasi-judicial decisions”. (Rulemaking) Administrative adjudication

– apply rules and precedents to specific cases to settle disputes.

Agencies • 3 Types

– Agencies for managing sources of government revenue - IRS

– Agencies for controlling conduct defined as threat to internal national security – FBI, Homeland Security

– Agencies for defending American security from external threat – Defense and State Dept.

Others - Fiscal and Monetary Agencies

• Fiscal – government activity – tax and spend

• Monetary –related to banks, credit, and currency.

• Treasury Department performs more than one function - currency

– Fiscal agency

– Internal Security Agency.

• Federal Reserve System

– Monetary policy with authority over credit rates and lending practices of banks.

Congressional Agencies • Congress created

– Government Accountability Office

– Congressional Research Service

– Congressional Budget Office

• Constant research and oversight

• Look at problems in the Executive Branch Agencies.

“Iron Triangle”

• 3-sided relationship

– Congress

– Federal department or agency

– Particular industry or interest group

Bureaucratic Development over Time

19th Century Bureaucracy

• politicized

• government jobs - “patronage” jobs given to political supporters

• bureaucracy more representative and accountable to people

20th Century Bureaucracy

• professionalized

• most government jobs were “civil service” jobs -awarded on merit

• decreased potential for cronyism and the political administration of policy

Termination - strategy

of eliminating programs and departments.

Devolution - take power away from national government bureaucracy and delegate it to the state and local levels.

Reduce budgets and policy scope of regulatory agencies - policy of Deregulation.

Privatization - strategy of replacing government control or implementation of a program by contracting with private sector companies.

Elections

Electoral System - Criteria for Winning • Majority System – A candidate must receive

more than 50 % of all votes cast.

• Plurality System – Individual gets more votes than any other candidate

• Proportional Representation System – Multiple-member district system that allows each political party to participate in governance according to its percentage of the vote.

– Presidential primary elections

– Advantage for smaller political parties

• Single-member plurality (SMP) electoral

system – – impact of individual votes diluted when compared

to proportional representation (PR) electoral systems.

• Electoral college system - decreases the

potential impact of individual votes on electoral outcomes – Winner Take All system

• Australian Ballot – Ticket Splitting

Electoral Composition

• Oldest way to manipulate elections

– Polls Taxes

– Literacy Tests

– Registration – significant decline in voter turnout with adoption of laws requiring eligible citizens to do this.

– Placing polls and scheduling hours to depress voter participation

Other Reasons for Low Voter Turnout

• Little education

• Low Income

• Correction - “Motor voter” – Easier to register.

• Weakness of Party System

Primary Elections -

elections used by political parties to select their candidates for general elections - open or closed.

Even fewer vote in off-year, special, and primary elections.

Open primaries are those in which the voter can wait until the day of the primary to choose which party to enroll in.

Closed primaries are those in which voters must choose which party to enroll in prior to the day of the primary.

Electoral Districts • Influence electoral outcomes – manipulating

organization of electoral districts

– State legislatures decide every 10 years

• Gerrymandering – apportionment of voters in districts in such a way as to give unfair advantage to one political party.

Constitution

• Framers of the Constitution – only elected officials at the national level subject to

direct popular selection would be Congressional Representatives.

• Senators – Selected by the state legislators – Now direct elections

• President – Electoral College • “Avoid an unqualified complaisance in every sudden

breeze of passion, or to every transient impulse which the people may receive.”

Referendum • A vote on final approval of a legislative act that

is referred to the electorate.

• Limits on tax rates, block state and local spending proposals, prohibit social services for illegal immigrants.

Initiatives • Process by which citizens may petition to place a

policy proposal on the ballot for public vote.

• Populist in the late nineteenth century.

• Most initiatives today are sponsored by interest groups to circumvent legislative opposition.

Recall

• Allows voters to remove governors and other state officials from office before the expiration of their term.

• Populist idea

• Begins with petition.

Electoral Votes • Each state - Electoral votes = number of state’s

senators and congressional representatives.

• Total – 538 (50 plus District of Columbia)

Political Action Committees (PAC)

• Primary function – – Raise money for elections

• PAC – Tend to donate to both political parties, especially

incumbents.

– Rising number of Business PACs over past 30 years

– Super PAC • No affiliation to candidates but unlimited funding and

spending.

• Maximum individual donors - $2,000

• Maximum for a PAC - $5,000

Political Parties

Electoral Politics • In recent years center on candidates.

• modern American politics - political parties are too weak.

• Political parties are mainly composed of office seekers.

• Identifying with one political party

– Declining in recent years

One of the most important functions

Political parties perform multiple functions to accomplish these aims.

Parties:

• recruit candidates

• nominate candidates

• work to get out the vote

• facilitate mass electoral choice

• influence and coordinate the activities of the national government

Nominating Candidates • Nomination – Process by which a party selects a

candidate.

– Nomination by Convention

– Nomination by Primary Election

• Dominate method

• Closed Primary – previously declared party affiliation

• Open Primary – party affiliation declared day of primary

Party Appeal • Democrats

– Organized labor

– The poor

– Members of racial minorities

– Liberal upper-middle class professionals

• Republicans

– Business

– Upper middle and upper class groups of the private sector

– Social conservatives

Electoral realignments - shift in the balance of power between the two political parties

Involve significant changes in American politics

Third parties – compete

weakly against the two major parties in America

Sometimes, third-party candidates can have a great deal of influence over ideas and electoral outcomes.

Third parties tend to be short-lived because

• One of the two major parties adopts their issues

• Single-member plurality electoral system limits their opportunities for electoral success

– Keeps system a two party system

• Periods of flux, the crises, and the uncertainties that produce them subside or are addressed by public policies.

– Critical elections

Interest Groups

Interest Groups • An organized group of individuals or

organizations that makes policy-related appeals to government is called an interest group.

• Interest groups form

• Increase chance views will be heard

• Influence government

• Represent interests

• Encourage political participation

free riding

Interest Group Pluralism

“By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

—James Madison, Federalist 10

James Madison’s Federalist 10 provides a basis for understanding the strengths and weaknesses of interest group politics in the United States.

Pluralism is the theory that all interests are and should be free to compete for influence in the government. The outcome of this competition is compromise and moderation.

Strategies of Influence

Inside strategies :

• lobbying

• influencing administrative rule-making

• litigation

Outside strategies :

• influencing election outcomes

• affecting media coverage

Lobbying

• Lobbying – influence policy process through persuasion of government officials.

• 1946 Federal Regulation of Lobbying Act – defines lobbyist

• 1995 Lobbying Disclosure Act – requires all organizations employing lobbyists to register in Congress. Disclose whom they represent, what they are lobbying for and how much they are paid.

Interest groups hire lawyers to influence the judiciary.

Sometimes groups are litigants in lawsuits.

Groups submit amicus curiae briefs

Their perspectives on cases to which they are not a party.

Ideology and Public Opinion

• Public Opinion – Denotes the values and attitudes that people have about issues, events, and personalities.

• Values (Beliefs) – Represent deep-rooted goals, aspirations, and ideals that shape an individuals perceptions of political issues and events.

• Political ideology – Complex and interrelated set of beliefs and values that form a general philosophy about government.

Political Socialization • Process through which underlying political

beliefs and values are formed.

• Feelings about the economy, government, the military form the basis of our socialization.

• Social institutions that help shape basic political beliefs and values.

– Families

– Social groups

– Education

– Prevailing political conditions

Agents of Socialization

Political Ideology • Liberal

– Support for political and social reform.

– Extensive government intervention in economy

– Expansion of federal services

– Efforts on behalf of poor, minorities, women

– Greater concern for consumers and environment

– Generally, support abortion rights, Gay rights, oppose religious expression in government

– Internationally, arms control, aid to poor nations, no military intervention.

Political Ideology • Conservative

– Support social and economic status quo

– Large and powerful government a threat to citizens freedom

– Oppose expansion of government

– Oppose government intervention in business

– Oppose abortion, support school prayer

– Support use of military to intervene in other countries.

Media

Regulation of the Broadcast and Electronic Media

• Right of Rebuttal

– opportunity to respond to personal attacks

• Equal Time Rule

– provide candidates for same political office an equal opportunity to communicate their message to the public.

• Press Releases

• Investigative Journalism

• “Horse Race” Journalism

• Narrowcasting

Broadcast Media

• Most Americans, get their information from the broadcast media

• Television - public focus from a politician’s achievements and views to appearance

• News reporting - very little depth of content.

• Information - sound bites

Public Policy and the Economy

Economic Policymaking

• Principles of capitalism and laissez-faire

• Reality - mixed economy

• Americans depended on self-reliance and personal effort.

• Promotional policies – Homesteading

– Subsidies

• Redistributive policies

– Welfare

Economic Policy

• Two Areas

–Monetary Policy

• Federal Reserve – credit and money supply

–Fiscal Policy

• Tax and spend

• Graduated income tax - used to redistribute wealth by making the wealthiest pay more in taxes. – Progressive taxation – taxation hits upper income

brackets more heavily. • Graduated income tax

– Regressive taxation – taxation hits lower income brackets more heavily. • Sales tax

• Means Testing

• Budget Deficit

• Protectionism

• Uncontrollables

• Eminent Domain

Supreme Court Cases

• McCulloch v. Maryland

• Gibbons v. Ogden

• Marbury v. Madison

• Dred Scott v. Sanford

Other Stuff to Remember

• First Ten Amendments

• Federalist Papers

– #10

– #51