AP U.S. GOVERNMENT REVIEW GUIDE

By: Jasmine Perez

CONSTITUTIONAL UNDERPINNINGS

ARTICLES OF CONFEDERATION

The precursor to the Constitution, were informally

followed from 1774 to 1781.

WEAKNESSES:1. Could not raise an army2. Depended on state legislature for revenue3. Could not control interstate trade4. No national currency5. No control over import of export taxes6. No executive branch or judicial branch to enforce

and interpret law

CONSTITUTIONAL CONVENTION

Split between the Virginia Plan (proportion to population) and

New Jersey Plan (equal representation over all states) lead to The

Great Compromise with a Senate and House of Representatives.

There were Anti-Federalists (opponents) and Federalists

(supporters).

The Anti-Federalist were swayed to agree after a Bill of Rights

was added that protected individuals from government

usurpation.

SEPARATION OF POWERS

From the concept of Charles de Montesquieu. The

framers delegated different but equally important

tasks to the three branches.

The legislative branch makes laws, the executive

branch enforces laws and the judicial interprets

laws.

It also prevents a person from serving in more than

one branch of the government at the same time.

CHECKS AND BALANCES

A constitutional safeguard designed to prevent any

one branch of government from gaining too much

power.

Examples:• Nomination of judges, cabinet officials and

ambassadors by the president is approved by the Senate.

• Negotiation of treaties requires two-thirds of the Senate.

• The presidential power to veto Congress.• Courts establishment of judicial review.

THEORIES OF DEMOCRACY

Direct Democracy is a system of government in

which all or most citizens participate directly, such

as in a small town meeting where everyone votes

directly on all issues.

Representative Democracy is a system of

government in which leaders that are elected for the

people by the people makes decisions by winning a

competitive struggle for the popular vote.

FEDERALISM

Describes a system of

government under

which the national

government and

state governments

share powers.

POLITICAL BELIEFS AND BEHAVIORS

CITIZENS BELIEFS

Political Culture: The attitudes, beliefs, and values which

people have towards the way a particular political system

operates. Issues over economic life are included because politics

affects economics.

Examples: • Americans believe that people should be equal politically, but not

equal economically. • Most Americans believe that every citizen should have an equal

chance to influence government policy or hold public office. People don't feel as bad about someone who's poor as much here because they've had an equal chance as everyone else. In the U.S. if they didn't accomplish anything it's because of their own deficiencies.

POLITICAL SOCIALIZATION

How the average person gains a sense of political identity; the process

begins in childhood and continues through the rest of a person's life and

allows individuals to become aware of politics and form values and

opinions relating to politics in general.

Sources of Political Socialization: Family/ Home influences (strongest

when both parents identify with the same party). The families views and

attitudes directed towards politics are the first experience children have.

School (teach patriotism, encourage participation in politics, educate on

political structure). Social groups, party affiliation, race and gender

groups.

PUBLIC OPINION

Formed from:• Family- Majority of young people identify with the political

party of their parents; maturity=more independence from parents, included political outlook

• Gender-  There is a gender gap, a difference in political views between the sexes, in politics that varies from time to time and varies in magnitude.

• Religion- More evident in influencing social issues than others 

• Schooling- College students are more liberal than the general population.

• Mass Media- Is able to communicate and send messages to large samples of people. 

A citizen's capacity to understand

and influence political events

There has been a decline in

American citizen's feeling as though

the political system will respond to

their needs and beliefs.

Political efficacy is often measured

through the use of surveys.

There is a strong connection

between efficacy and participation

and interest in political events.

POLITICAL EFFICACY

POLITICAL PARTIES, INTEREST GROUPS,

MASS MEDIA

POLITICAL PARTIES

Framers disliked the idea of political parties but became a mainstay by

the year 1800.

Parties endorse candidates to remain loyal to goals defined by the party

leadership.

Two- Party System: Democrats and Republicans.

Political parties are often divided into three broad classifications:[the

electorate's identification with the party, government officials'

identification with the party, and the organization of the party itself (those

political professionals who are not elected nor are voting specialists).

PARTY CHARACTERISTICS

Parties serve as intermediates between the people and

the government.

Parties are made up of grassroots members, activist

members and leadership.

Parties are organized to raise money, present positions

on policy, and get their candidates elected to office.

Parties were created outside the Constitution.

PARTY ORGANIZATION

National Convention: A meeting of party delegates held every four years to

nominate a presidential candidate.• Superdelegates: Party members that become delegates without even running for a

primary or a caucus

National Committee: In between national conventions, a national committee

stands to manage party affairs.

Congressional campaign committee: A party committee who in Congress that

provides funds to members and would-be members.

National Chairman: Day-to-day party manager elected by the national committee.• The National chairman is paid full-time to manage the party.

Caucus: meeting of party members to decide upon delegates to support a party

candidate.

ELECTIONS

Party Realignments: Critical or Realigning Periods:

Periods when a major, lasting shift occurs in the popular

coalition supporting one or both parties.

Split Ticket: voting for candidates of different parties

for various offices in the same election declines party

ideology.

Straight Ticket: voting for candidates who are all in the

same party.

ELECTORAL SYSTEMS

The Two-Party System

Two-party system: An electoral system with two dominant parties that

compete in national elections.

The two-party system in the U.S. uses the plurality system of counting

votes which when the winner of an election is the person who gets the

most votes even when they do not have a majority.

Because the United States government has traditionally been a two party

system it has made it nearly impossible for a third party to ever come

close to winning a presidential election but they can and have taken votes

from the major parties which makes it harder for the major parties to win

a majority of the vote.

PARTIES CONTINUED

Ideological parties: A party that values principled stands on issues,

above all else. This is the opposite extreme of political machines.

Independent "third parties" are the most ideological parties.

Solidary groups: parties which members join for a sense of fellowship or

social reward. Some of these groups started out as political machines; once

the machine lost power, many of the members still continued to served in

the organization as a way to stay involved and socialize. The members of

solidary groups like to join for fun and they like to be "in the know."

Sponsored party: local/state party sponsored by another organization in

the community

INTEREST GROUPS

Any organization with a shared interest that seeks to

influence public policy.

Comprised of a group of people sharing an interest, with

the goal of getting Congress to pass or amend laws that

affect them directly as a certain group of people.

Interest groups are often the most motivated of individuals

getting together to support an issue and for this reason

interests groups might represent minorities of people

TYPES

Institutional interests: These are individuals or

organizations representing other organizations or

ideologies.• Examples: American Federation of Labor, The Chamber of

Commerce, General Motors

Membership Interests: These are where the members in the

interest group act solely on their behalf, for their interest.

• Example: AFSCA, AARP. The AARP being ones of the biggest

interest groups in the united states

Labor Unions, Public Interest Groups, Economic Groups

INCENTIVES

Solidary incentives: the social pleasure or companionship that are

a result of the small groups. (National interest groups that give

solidary incentives often have smaller localized groups that can

better offer the incentive.)

Material incentives: money and services that a member may

receive

Purposive incentive- a benefit that comes from serving a cause or

principle

Ideological Interest Groups: political organizations that attract

members by appealing to their political convictions or principles

POLITICAL ACTION COMMITTEES

PACs (political action committees) donate money to politicians, candidates,

and political parties that agree with their goals. Corporations, trade groups,

and unions are some examples of those that are not allowed to make political

donations, so they form PACs in order to do this.

PACs have been limited in donations because of the Bipartisan Campaign

Reform Act of 2002

Over half of all PACs are sponsored by corporations, about a tenth by labor

unions, and the rest by various groups.

While both parties have become extremely dependent on PACs, PACs are not

as rich and powerful as they seem. A PACs contribution is rather small, usually

a few hundred dollars accounting for less than 1% of a candidates receipts.

LOBBYING LIMITS

Limits on Lobbying- Federal Regulation of Lobbying Act of 1946• Allow government to monitor lobbyist activities by requiring lobbyists to

register and disclose salaries, expenses, and nature of their activities.

Laws against Influence Peddling, using personal friendships and inside

information to get political advantage prohibition of campaign contributions

from corporations, unions, and trade

Under the law’s definition a lobbyist is one who fits the following definitions:

Spends a minimum of 20 % of their time lobbying

Paid a minimum of $5,000 to lobby within any six-month period

A corporation or group that spends more than $20,000 on their lobbying

staffs within a six-month period

MASS MEDIA

Newspapers: while newspapers are slowly dying out, they have many benefits such as

low cost to get word out, less competition, less government regulation, and more in-

depth stories and articles

The Internet: the internet is becoming the most widespread source of information in

the world and it allows for information about politics and social issues to be known

within hours, minutes, or even seconds, but it faulty in that it isn't censored for the

most part and so any false information could be there without anybody's knowledge.

Television: Television is watch by people worldwide and although it is easily

accessible to learn about politics, it has many downfalls including expense to

advertisers, enormous amount of competition, difficulty giving all the information that

is necessary to viewers, and the fact that people can easily miss important segments if

they aren't watching TV.

MEDIA

RULES GOVERNING MEDIA

F.C.C regulates radio and television.

The government at the state and federal level can not place prior restraints

(censorship) on the press except under narrowly defined circumstances.

Upon publication, a newspaper may be sued for libel, obscenity, and the

incitement of an illegal act. There are laws protecting the privacy of citizens as

well, but these protections do not affect newspapers very much.

Generally newspapers can print your name and picture for a story, and when a

paper attacks an individual the newspaper is not obligated to give one space for a

reply.

Supreme Court has allowed the government to get information from reporters in

court if the information has relevance to the crime.

INSTITUTIONS OF GOVERNMENT

PRESIDENCY

Washington set the precedent of only serving 2 (4 year) terms.

That didn't change until FDR who served from 1933-1945

In 1951 the 22nd Amendment was ratified and it ensured each

president could only serve 2 terms

Qualifications: 

· Natural born citizen 

· Thirty-five years of age 

· Resident of the United States for at least fourteen consecutive

years before the election

POWERS OF PRESIDENT

commander in chief of the armed forces

commission officers and appoint officials to lesser offices

grant reprieves and pardons for federal offenses except for

impeachment

receive ambassadors

convene Congress in special sessions

take care that the law be faithfully executed

Wield the "executive power" Appoint officials to lesser offices

initiate foreign policy

CONGRESS

Legislative Branch is known as the Congress. The Legislative Branch,

outlined by the Framers in Article I of the Constitution (preceding the

Executive Branch and the Judicial Branch), was probably seen by the

Framers as the most important branch of government, even though more

emphasis is placed on the Executive Branch today due to the media.

Framers did not want to have all powers concentrated in a single

governmental institution, even one that was popularly elected because they

feared that such a concentration could lead the rule by an oppressive or

impassioned majority

Bicameral Legislature: A lawmaking body made up of two chambers or

parts

SENATE

100 members (can increase if more states are added to the Union)

Representation constant among States; each State gets two Senators

Members are voted based on a popular vote (before 17th amendment,

senators were elected by state legislatures)

Serve staggered 6 year terms (no limit to amount of terms someone can

serve)

Less centralized, more individualist

Because of this, even individual senators can influence introduction and

passage of legislation - there is more allowance for voices to be heard. The

Senate has been more "personal" this way.

HOUSE OF REPRESENTATIVES

435 members (fixed)

Representation based on population of each state. This is based

on the census done every ten years so it is important to keep up

your population or lose your representation. (there is a minimum

of 1 representative per state while there is no maximum)

Members elected by each representative's district constituents

serve two-year terms (uncapped number of terms)

more centralized, less individualist

ORGANIZATION OF CONGRESS

The stereotypical member is a middle-aged white protestant

male

Congress has become gradually less male and less white

Incumbent: A person already holding an elective office

Before the 1950s, many members of Congress served only

one term. However, in recent decades, legislators have begun

to make a career out of their membership in Congress, which

has resulted in low turnover rates.

BUREAUCRACY

A bureaucracy is a large, complex organization composed of appointed

officials.

Authority is divided as each bureaucrat has a specific responsibility;

one person cannot make all the decisions.

examples of bureaucracy include large corporations, big universities,

and a government agency. Congress, with its sizable staff, is a

bureaucracy to some degree.

Political authority or the ability to exercise authority over bureaucracy

is shared by the president and Congress.

EXECUTIVE LEVEL

Executive Level Departments

The cabinet: There are 15 cabinet departments headed by a secretary with

the exception of the Justice Department. They manage specific policy areas

and each has its own budget and staff.

Regulatory agencies: independent regulatory agencies. Examples are:

ICC,FTC, and FDA.

Government corporations: Such as the Tennessee Valley Authority and the

Resolution Trust Corporation, created to deal with monetary failures.

Independent executive agencies: Such as the General Services

Administration, which handles government purchasing.

EXPANSION OF BUREAUCRACY

Supreme Court upheld laws that granted discretion to administrative agencies.

Heavy use of income taxes supported war efforts and a larger bureaucracy.

Discretionary authority- the extent to which bureaucrats can chose courses of

action and make policies that are not spelled out in advance by laws.

Congress gave administrative agencies authority in three areas:

The Civil War began the rapid expansion of the bureaucracy because it exposed

the administrative deficiencies of the government.

Competitive service: The government offices to which people are appointed on

the basis of merit, as ascertained by a written exam administered by the Office of

Personnel Management (OPM) or by applying certain selection criteria.

CONGRESSIONAL OVERSIGHT

If an interest group is important to Congress, it is

generally taken seriously by the bureaucracy.

Congress also has constitutional powers over the

agencies and bureaucracies:• No agency may exist without congressional

approval.• No money may be spent without first being approved

by Congress.• No authorized money may be spent without first

being appropriated by the House Appropriations Committee.

THE FEDERAL COURTS

The Supreme Court Cases Marbury v. Madison (1803)

and McCulloch v. Maryland (1819) were extremely crucial in

establishing the power of the Supreme Court to declare an act of

Congress unconstitutional, something referred to as "judicial

review".

This concept is the right of the federal courts to declare laws of

Congress and acts of the executive branch/president void and

unconstitutional McCulloch v. Maryland also made it clear that

federal law is superior to state law.

FEDERAL DISTRICT COURTS

These lower courts hear cases for the first time

There are ninety-four Federal District Courts

They decide both criminal and civil cases in original jurisdiction• Ex: Bankruptcy

More examples of District Court include:• United States Court of Federal Claims• United States Tax Court

May use juries to decide the case

It is established by Congress not the Constitution and judges serve

for 10 years.

APPELLATE COURTS

These courts hear reviews or appeals from the lower courts

These include appellate courts. Initially, the "supreme court" of district

courts are their appellate courts (assuming that these cases are resolved in

appellate courts).

There are 13 Circuit Courts of Appeals including the DC and Federal circuits.

In cases that make it to the Circuit Courts of Appeals, there must be a claim

regarding the violation of a constitutional right have no juries

It is the court of last resort of the Supreme Court

There are 179 judges in the Courts of Appeals, which are nominated by the

president and confirmed by the Senate

THE SUPREME COURT

This was the only court officially created by the Constitution

This court hears appeals from the Court of Appeals; the

cases the SC hears generally deal with the Constitution• Of more than 10,000 cases filed by the federal courts of

appeal only around 100 are heard by the Supreme Court

Original jurisdiction in cases involving foreign ministers

The SC has original and appellate jurisdiction

This court settles disputes between states.

PUBLIC POLICY

Agenda Setting determines the social and economic problems, redefines

them into political issues and ranks them in order of importance.

Policy formulation and adoption can be accomplished in a number of

ways. The most difficult method is through Congress, easiest is from

executive orders.

Policy implementation puts the policy into effect by enforcement

through appropriate government agency.

Policy Evaluation is the final step. Evaluation provides feedback to the

policymakers, so that modifications can be made to better solve problems.

ECONOMIC POLICY

Sound economy policy that achieves prosperity is probably the

most elusive of all policies. Many elements to the problem:

inflation, deflation, interest rates and international agreements.

Fiscal Policy- government action of either lowering or raising

taxes and changing government spending.

Monetary Policy- refers to the process by which the government

controls the supply of money in circulation and the supply of

credit through the actions of the Federal Reserve.

TRADE POLICY

The ratio of imported products to exported products is called

the balance of trade. When imports exceed exports it creates

a trade deficit and nations tend to place import restrictions to

fix this.

The North American Free Trade Agreement, effectively

removed import tariffs between the U.S., Canada, and Mexico.

It’s passage has also led to cheaper labor in Mexico for

many U.S. companies.

DOMESTIC POLICY

Social insurance programs are in reality national insurance

programs into which employers and employees pay taxes.

Public assistance programs are not perceived as earned.

These programs are a result of condition and a government

responsibility to help the needy.

Social Security is an entitlement program mandated by

law. The government must pay benefits to all people who

meet the requirements of the program.

PERCEPTION, BELIEFS, AND VALUES

The perception of costs and benefits is what affects politics, they are not

completely defined in monetary terms.

Values also affect policy making decisions, and what Americans want for

the country varies; it often times depends on whether the near future or

distant future is considered, this is known as the short-term/long-term

disconnect.

A political conflict is mostly a struggle to make some beliefs about costs

and benefits dominate others.

Beliefs are also in conflict. A political conflict is a struggle to change

perceptions and beliefs.

CIVIL RIGHTS AND CIVIL LIBERTIES

FIRST AMENDMENT

Guarantees us our basic freedoms: freedom of speech, freedom

of press, freedom of assembly, and freedom of religion.

There are limits to the freedoms. The freedom of speech must

pass the clear and present danger test. The freedom of speech

does not protect libel or slander.

The freedom of religion abides by the Lemon Test in school

policies so that all purposes are secular if it related to the

government.

CIVIL LIBERTIES

Civil Liberties are the protections that the constitution provides to protect

the citizens against the abuse of government power. Don't confuse these

with Civil Rights, which usually pertain to protecting certain groups, such

as races, genders, or people of certain sexual orientations, from

discrimination or maltreatment.

Trying to decide, in various cases, if in fact anyone's civil liberties have

been violated is a major problem. 

The Constitution and the Bill of Rights contain rights and duties that

conflict with each other. Some of the main factors for this conflict are the

cultural, ethnic, and religious differences in the United States itself. 

LANDMARK CASES

Gitlow V. New York (1925)- Supreme Court agrees that

1st Amendment applies to all states because of the due

process clause. Since then most of the Bill of Rights has

been incorporated in to the states.

Palko V. Connecticut (1937)-Supreme Court agrees that

states must respect all "fundamental" liberties

These cases led the Supreme Courts to begin to use

selective incorporation.

EXCLUSIONARY RULE

Improperly gathered evidence(in violation of the

Constitution) may not be used in a criminal or civil trial.• Fourth Amendment - protection against unreasonable

search and seizures and obtaining improper confessions• Fifth Amendment - protection against self incrimination.• In 1949 the Supreme Court first decided that even

though the 4th Amendment prohibits the police from carrying out unreasonable searches and obtaining improper confessions that the exclusionary rule is not necessary to enforce these prohibitions.

BILL OF RIGHTS TO THE STATES

Selective incorporation: Court cases that  apply the Bill of Rights to the

States. Not all rights are applied to the states. The Court debated which rights

were "fundamental" that they had to govern the states. The entire Bill of Rights

is applicable to the states except the following: the right to bear arms(2nd

Amendment); the right not to have soldiers forcibly quartered in homes(3rd

Amendment); the right to be indicted by a grand jury before being tried for a

serious crime(5th Amendment); the right to a jury in civil cases(7th

Amendment); and the ban on excessive bail and fines(8th Amendment). These

rights can be restricted by the states.

Due process of law: Denies the government the right, without due process,

to deprive people of life, liberty, and property

CIVIL RIGHTS

In 1830 Congress passed a law requiring all Indians east of the

Mississippi River to move to the Indian Territory west of the river, and

the army set about implementing it.

In the 1850s a major political fight broke out in Boston over whether

the police department should be obliged to hire an Irish officer.

Until 1920 women could not vote in most elections.

The Equal Protection Clause of the 14th Amendment guarantees civil

rights; after the Civil War, the amendment was added to the Constitution

to ensure states would not discriminate against former slaves and that

the civil liberties of these newly freed individuals would be protected. 

SEPARATE BUT EQUAL

The separate by equal doctrine created separate but

very unequal facilities.

Blacks usually had the poorer schools and less well kept

facilities to use

National Association for the Advancement of Colored

People (NAACP) was formed in 1909 to try and get rid of

this doctrine cause things were obviously not equal,

especially educationally

SUPREME COURT CASES

Plessy v. Ferguson(1896) ruled that segregated schools and other

"separate but equal" facilities were not unconstitutional.• The Court's interpretation of the equal-protection clause was that the

law guaranteed political and legal equality but not social equality.

Brown v. Board of Education of Topeka, Kansas (1954) ruled that

separate schools are not equal and overturned the Plessy v.

Ferguson case.

Green v. County of School Board of New Kent County (1968):

Banned the freedom of choice plan for integrating schools making

blacks and whites have to attend multiracial schools.

SEGREGATION V. INTEGRATION

De jure segregation:  “racial segregation that is required by law.” A good

example of this is during the time of Jim Crow laws in the southern states.

De facto segregation: “racial segregation that occurs in schools, not as a result

of the law, but as a result of patterns of residential settlement.”

In New Kent County, Virginia, the school board created a “freedom-of-choice”

plan under which each student would be allowed to attend a school of their

choice. The Supreme Court rejected this plan as unconstitutional because it did

not produce a “nonracial system of education”.

Schools cannot be held accountable for segregation due to living patterns and if

that was the only case of the segregation, the Court would relinquish its hold on

the school.

WOMEN’S RIGHTS

Origins from the Seneca Falls convention in 1848

Congress responded by passing laws that required equal pay for equal work, prohibited

discrimination on the basis of sex in employment and among students in any school or

university receiving federal funds, and banned discrimination against pregnant women

on the job

Supreme Court had to choose between two standards when dealing with sex

discrimination: The Reasonableness standard stating that government treats some

classes differently and this treatment must be reasonable, and second the Strict scrutiny

standard which states that some distinctions drawn between groups are inherently

suspect.

The Civil Rights Act of 1964 and 1972 banned sex discrimination in the hiring, firing,

and compensation of employees, and apply to both government and private actions

FOURTEENTH AMENDMENT

The Equal Protection Clause of the 14th Amendment guarantees civil rights;

after the Civil War, the amendment was added to the Constitution to ensure states

would not discriminate against former slaves and that the civil liberties of these

newly freed individuals would be protected. The amendment provided for due

process and equal protection, which allowed the Supreme Court to apply the Bill

of Rights to the states- Prior to the passage of the Fourteenth Amendment all the

citizens had were the Bill of Rights, which at the time did not apply to the states

(only to the national government).

The Declaration of Independence, although not a governing document, suggested

that the government should have civil rights integrated. However, the Dred Scott

case established that slaves were property.

THE END