AP U.S. Gov’t Review

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AP U.S. Gov’t ReviewAP U.S. Gov’t Review

CRRRRRUUUUNCH CRRRRRUUUUNCH TIME!TIME!

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A. Review coverageA. Review coverageI. Constitutional Underpinnings +Fed = I. Constitutional Underpinnings +Fed =

5-15%5-15%

II. Pol Beliefs + behav = 10-20%II. Pol Beliefs + behav = 10-20%

III. Pol Parties SIG + Mass Media = 10-III. Pol Parties SIG + Mass Media = 10-20%20%

IV. Institutions = 35-45%IV. Institutions = 35-45%

V. Public Policy = 5-15%V. Public Policy = 5-15%

VI. Civil Rights + Civil Liberties = 5-VI. Civil Rights + Civil Liberties = 5-15%15%

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B. Exam BreakdownB. Exam BreakdownI.I. 60 MC questions – ½ of total score – 45 60 MC questions – ½ of total score – 45

minsmins

II. Essays – 4 free response in 100 minutes II. Essays – 4 free response in 100 minutes

Each essay is worth 1/8 of total score . . .Each essay is worth 1/8 of total score . . .

Or a combined total of 50 % of total.Or a combined total of 50 % of total.

Essays can cover either separate Essays can cover either separate components outlined previously or components outlined previously or combine elements or factors discussed combine elements or factors discussed in part A. See adjoining sheet for in part A. See adjoining sheet for possible themes or subject matter. possible themes or subject matter.

Examination Tools

1. Text book2. Notes3. Workbook4. Peers5. Review book6. Review materials7. And the old guy. . .

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I. Constitutional UnderpinningsI. Constitutional UnderpinningsA.A. What is the purpose of Politics?What is the purpose of Politics?1)1) A conflicting state where one Selects leadersA conflicting state where one Selects leaders2)2) Leaders work w/in institutionsLeaders work w/in institutions3)3) To make. . .To make. . .Ans: PolicyAns: PolicyB. 1. System - Define democracy – B. 1. System - Define democracy –

ans: it selects + formulates policy which ans: it selects + formulates policy which represents + responds to the public represents + responds to the public preferences. preferences.

a. Theory encompasses 5 elements: a. Theory encompasses 5 elements: (1) equality in voting(1) equality in voting(2) effective participation(2) effective participation(3) Enlightened understanding - plethora of ideas. . .(3) Enlightened understanding - plethora of ideas. . .(4) citizen control of the agenda.(4) citizen control of the agenda.(5) inclusion of all who are willing to participate.(5) inclusion of all who are willing to participate.

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b. Mb. Majority rule w/ minority rightsajority rule w/ minority rights. An . An issue of issue of “power” “power” . .

What is a majority . . . What is a majority . . . Majority = An acculumalation of minoritiesMajority = An acculumalation of minoritiesB. Who really B. Who really GovernsGoverns??(1)(1) Pluralist theoryPluralist theory – –competition among groups . competition among groups . (2) (2) Elite + Class TheoryElite + Class Theory – –

Class splits . . .Big Business rules! Class splits . . .Big Business rules! (3) (3) HyperpluralismHyperpluralism – –

Groups divide gov’t, making it Groups divide gov’t, making it ineffective. . .ineffective. . .

(4) Theory of (4) Theory of oneone. . . . . .

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C. Political theorists represent theoriesC. Political theorists represent theories1.1. HumeHume – – Human nature that man was evil. . .Gov’t by the Human nature that man was evil. . .Gov’t by the

many with negotiation and compromise promoting many with negotiation and compromise promoting a a unionunion + eventually establishing a + eventually establishing a republic.republic.

2. Hobbes2. Hobbes – – one needs an inherited monarchy to promote the one needs an inherited monarchy to promote the legitimacy of gov’t. Absolutism rules. . .Self legitimacy of gov’t. Absolutism rules. . .Self interest is nat’l interest. interest is nat’l interest.

3. Locke3. Locke – – 1689 - social contract theory - Life, liberty and 1689 - social contract theory - Life, liberty and property - Consent of the gov’t by property - Consent of the gov’t by Parliament( few) who had a stake in society Parliament( few) who had a stake in society because it represented people of property. . .poor because it represented people of property. . .poor people don’t lose much when life deteriorates. people don’t lose much when life deteriorates.

4. Rousseau4. Rousseau – – Rule by all - a complete democracy --Rule by all - a complete democracy --

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RousseauRousseau Hume Locke Hobbes Hume Locke HobbesAllAll Many Few Many Few OneOnehyperplurlism plurlism Elite/classhyperplurlism plurlism Elite/class

AbsoluteAbsoluteThe above is a . . . .The above is a . . . .Political spectrum!Political spectrum!D. When one governs, one seeks power --D. When one governs, one seeks power --Define:Define:Ability to persuade someone else that it is Ability to persuade someone else that it is

in their (self)ish interest to follow you. in their (self)ish interest to follow you.

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Power DistributionPower Distribution1. 1. PowerPower can be distributed three ways in a can be distributed three ways in a

democracy: democracy: (a) power elite - (Hobbes) - Representative (a) power elite - (Hobbes) - Representative

DemocracyDemocracy(b) political elite- (Hobbes + Locke) - (b) political elite- (Hobbes + Locke) -

Participatory democracy Participatory democracy (c) majoritarian rule- (Locke or Hume) Direct (c) majoritarian rule- (Locke or Hume) Direct

Democracy Democracy d. Mob rule - Rousseaud. Mob rule - Rousseau2. What does one do with power? --- 2. What does one do with power? ---

Make Make PolicyPolicy: - Actions of Gov’t. . . : - Actions of Gov’t. . .

Dave LaShomb

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D3.Revolution + the 1D3.Revolution + the 1stst Constitution Constitution Articles of ConfederationArticles of ConfederationA ). What could it doA ). What could it dob). And worse. . .what couldn’t it do. . .b). And worse. . .what couldn’t it do. . .4. What showed it’s the A+C true weaknesses 4. What showed it’s the A+C true weaknesses

– – Shay’s RebellionShay’s Rebellion

5. The second Constitution: 5. The second Constitution: a. Equality a. Equality 1)Representation is established by what type 1)Representation is established by what type

of Gov’t? of Gov’t? ANs: (REPUBLICAN) – ANs: (REPUBLICAN) –

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New Jersey Plan offered what? New Jersey Plan offered what? (= represent) (= represent) v. Virginia Plan which offered? v. Virginia Plan which offered?

(prop. representation ) (prop. representation ) led to which agreement? led to which agreement?

Connecticut CompromiseConnecticut Compromise: that : that offered:offered:

US Senate ( 2 Senators per state) US US Senate ( 2 Senators per state) US House - (Reps per population of state)House - (Reps per population of state)

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2) slavery - South wanted all males 2) slavery - South wanted all males counted? Three-fifths compromise. - counted? Three-fifths compromise. - A show stopperA show stopper

b. Who can vote –b. Who can vote – Property owners vs. disenfranchised. Property owners vs. disenfranchised. Who controlled elections? Who controlled elections? Ans. States set election laws.Ans. States set election laws.c. Economics – Who will control? c. Economics – Who will control? Congress shall rule + it will build the Congress shall rule + it will build the

infrastructure (Post offices to infrastructure (Post offices to taxation- Article I) taxation- Article I)

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d. Individual rightsd. Individual rightsConstitution lacked in this area- show stopper Constitution lacked in this area- show stopper

although the Consti did mention six issues:although the Consti did mention six issues:1) Writ of habeas corpus1) Writ of habeas corpus2) bill of attainders2) bill of attainders3) ex post facto laws3) ex post facto laws4) religious preferences to hold office4) religious preferences to hold office5) treasonous offenses 5) treasonous offenses 6) trial by jury6) trial by jury But were we being ruled by “men” or by laws . But were we being ruled by “men” or by laws .

. . to protect us from these “men” wanted the . . to protect us from these “men” wanted the ??????the Bill of Rights was added to protect us the Bill of Rights was added to protect us from gov’t. . .a recollection of all the ills that from gov’t. . .a recollection of all the ills that the colonists resided under British rule.the colonists resided under British rule.

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e. Popular sovereignty? e. Popular sovereignty? What is it?What is it?

Ans> ability to control one’s destinyAns> ability to control one’s destiny

f. Checks + Balances? What is it?f. Checks + Balances? What is it?

Each branch oversees the otherEach branch oversees the other

g. Separation of Powers . . . g. Separation of Powers . . .

Who wrote the doctrine?Who wrote the doctrine?

Montesqueiu. . .What does it mean?Montesqueiu. . .What does it mean?

Each branch has a certain function?Each branch has a certain function?

h. What was the purpose of the B Of R?h. What was the purpose of the B Of R?

Protect one from gov’tProtect one from gov’t

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RatificationRatification- States voted- - -only needed ? states to ratify

9 (A of Confed needed ? approval to amend)unanimous

a. Federalists v. Anti-feds - (1) issue -- the 2nd Consti was a “class-based

document that benefited only the economic elite!

(2) fundamental liberties! Were the Bill of Rights enough?

3. Federal $$$$$. . .diminishes State $$$$$. Result – Who ratified the constitution? State special conventions would ratify, not

state legislators

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9. “Changing” the Constitution-9. “Changing” the Constitution-AmendmentAmendment Process Process a. Formal process – 2 steps?a. Formal process – 2 steps?(1)(1) proposal – Voteproposal – Vote

(1)(1) 2/3 of each Congr or National convention 2/3 of each Congr or National convention

(2) Ratification(2) Ratification - 3/4 of state leg or spec convention- 3/4 of state leg or spec convention

(3) - 27 Amendments - taxation to congressional (3) - 27 Amendments - taxation to congressional salariessalaries

b. informal process- 4 waysb. informal process- 4 ways(1) Federal court decisions - Marbury v. Madison(1) Federal court decisions - Marbury v. Madison(2) Changing political practices - Dems v. Reps(2) Changing political practices - Dems v. RepsLiberals v. ConservativesLiberals v. Conservatives(3) Domestic politics to foreign politics. Policy (3) Domestic politics to foreign politics. Policy

makers carry big sticks in implementing policy. makers carry big sticks in implementing policy. EO’s and Leg decision – Congr resolutions. . . EO’s and Leg decision – Congr resolutions. . .

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FederalismFederalism- Define – Define – a decentralization of gov’t. -- a “sharing of the a decentralization of gov’t. -- a “sharing of the

wealth” + gov’t power. wealth” + gov’t power. 1.1. DELEGATED powers belong to;DELEGATED powers belong to;

Feds rule - Make warFeds rule - Make war(a)(a) INHERENTINHERENT – –1) all gov’t possess these pwrs. . .immigration1) all gov’t possess these pwrs. . .immigration(b) (b) ExpressedExpressed – (Enumerated) – (Enumerated) 1) Stated specifically . . .Congress makes law 1) Stated specifically . . .Congress makes law (c) (c) ImpliedImplied 1) (Makes expressed powers work) – Congress 1) (Makes expressed powers work) – Congress

establishes a civil service system to hire federal establishes a civil service system to hire federal workers. workers.

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b. Concurrent POWERSb. Concurrent POWERS shared power.shared power.

i.e. education, taxation, Safety i.e. education, taxation, Safety c. reserved POWERS c. reserved POWERS

states rule - welfare, local education control, local states rule - welfare, local education control, local gov’ts, professional licensing. gov’ts, professional licensing.

2. Who shall rule in conflict – Where in the Constitution:2. Who shall rule in conflict – Where in the Constitution:Art VI- Supremacy Clause - and Implied powers of Art VI- Supremacy Clause - and Implied powers of national gov’t upheld with . .. national gov’t upheld with . .. McCullogh v. MarylandMcCullogh v. Maryland. Established the which . Established the which clause?clause?““elastic clause” that gave the Congress the >>>elastic clause” that gave the Congress the >>>Necessary and Proper Clause (implied powers) to Necessary and Proper Clause (implied powers) to enact policies to run the country! enact policies to run the country!

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3. If not stated- states have the rights - 3. If not stated- states have the rights - Which Amendment? Which Amendment?

1010thth 4. Commerce power – Ct Case? 4. Commerce power – Ct Case? Gibbons v. Ogden Gibbons v. Ogden . Interstate + . Interstate +

internat’l commerce . Congress rules!internat’l commerce . Congress rules!5. 5. Full Faith and Credit clause Full Faith and Credit clause – –

One state’s validity carries over state One state’s validity carries over state borders - i.e. marriage licences. borders - i.e. marriage licences.

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6. From Dual to cooperative federalism6. From Dual to cooperative federalism - -a. Education sets the stage for both the Feds + a. Education sets the stage for both the Feds +

states to work together in “fiscal harmony” states to work together in “fiscal harmony” b. “Shared Costs” of Fiscal federalism-b. “Shared Costs” of Fiscal federalism-c. c. Grant-In-AidGrant-In-Aid

Feds sell land to fund programs! Feds sell land to fund programs! d. d. Categorical grantsCategorical grants – –

specific $$ for specific projec w/ strings specific $$ for specific projec w/ strings attached. . .non-discrimatory - Cross cutting attached. . .non-discrimatory - Cross cutting requirements - Offenders lose it all!requirements - Offenders lose it all!

(1)(1) Project grantsProject grants – – (1)(1) NSF - competitive requestsNSF - competitive requests

(2) (2) Formula grantFormula grant- - Do you meet the formula. i.e. public housing, Do you meet the formula. i.e. public housing,

employment programsemployment programs

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e. e. Block grants Block grants – – social service endeavors w/ less strings social service endeavors w/ less strings attached. SIGS pursue the $350 billionattached. SIGS pursue the $350 billion

f. f. MandatesMandates – – Feds dictate specific guidelines. . .if Feds dictate specific guidelines. . .if don’t comply, penalized or lose the don’t comply, penalized or lose the funding. . .funding. . .

Special ed, Disability Act, Clean Special ed, Disability Act, Clean Air. . .MedicaidAir. . .Medicaid

(a)(a) unfunded mandates. . .unfunded mandates. . .Laws w/o funding. . .Laws w/o funding. . .

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Practice EssayPractice Essay 6. The United States Constitution has 6. The United States Constitution has

endured for more than two centuries as the endured for more than two centuries as the framework of government. However, the framework of government. However, the meaning of the Constitution has been meaning of the Constitution has been changed both by formal and informal changed both by formal and informal methods.methods.

(a) Identify two formal methods for adding (a) Identify two formal methods for adding amendments to the Constitution.amendments to the Constitution.

(b) Describe two informal methods that have (b) Describe two informal methods that have been used to change the meaning of the been used to change the meaning of the Constitution. Provide one specific example Constitution. Provide one specific example for each informal method you described.for each informal method you described.

(c) Explain why informal methods are used (c) Explain why informal methods are used more often than the formal amendment more often than the formal amendment process. process.

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Practice Essay #2Practice Essay #2The US has evolved from a system of dual The US has evolved from a system of dual

federalism to a system of cooperative federalism to a system of cooperative federalism. In the past two decades, federalism. In the past two decades, some powers have devolved from the some powers have devolved from the federal gov’t to the state gov’t.federal gov’t to the state gov’t.

a.a. Identify and explain one factor that led to Identify and explain one factor that led to the nat’l gov’t having significantly more the nat’l gov’t having significantly more power than the states.power than the states.

b.b. Identify and explain one factor that led to Identify and explain one factor that led to cooperative federalism.cooperative federalism.

c.c. Identify and explain one factor than led Identify and explain one factor than led to devolution. to devolution.

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Essay #2 AnswerEssay #2 Answer

a.a. Ct rulings: McCullogh v. Maryland Ct rulings: McCullogh v. Maryland (Elastic clause and N+P + Clause . (Elastic clause and N+P + Clause . States can’t tax (2 pts)States can’t tax (2 pts)

b.b. Grants in Aid encouraged state dev; Grants in Aid encouraged state dev; Medicare handouts but they all Medicare handouts but they all come with “conditions of aid. (2 pts) come with “conditions of aid. (2 pts)

c.c. Debt load, more state right Debt load, more state right advocates. TANF program was advocates. TANF program was once a categorical grant but now it once a categorical grant but now it is a block grant. 2 ptsis a block grant. 2 pts

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Essay Rubrics #1Essay Rubrics #1a.a. Hse + Sen Proposal w/ supermajorityHse + Sen Proposal w/ supermajority

or special convention . . . State Leg or special convention . . . State Leg confirmconfirm

with 38 or spec convention.with 38 or spec convention.

b. Need two 0f five informal methodsb. Need two 0f five informal methods

c. Informal is easier and can happen c. Informal is easier and can happen daily, especially w/ court cases. daily, especially w/ court cases. Formal does provide more of a Formal does provide more of a thorough legislative process. . .just thorough legislative process. . .just not a judicial whim. not a judicial whim.

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II. Political CultureII. Political CultureA.A. How does one determine the How does one determine the

socialization of the American socialization of the American constituent?constituent?

1. Six factors1. Six factors

a. Wte of tradition + customsa. Wte of tradition + customs

b. Impact of eventsb. Impact of events

c. Changes in the way of political elitesc. Changes in the way of political elites

d. familiesd. families

e. schoole. school

f. relationships (as the paradigms shift)f. relationships (as the paradigms shift)

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2. WHO establishes our political value 2. WHO establishes our political value system. . .Who sets the agenda? system. . .Who sets the agenda?

a. SIGSa. SIGS

b. Political institutionsb. Political institutions

c. Media “The New Parent” (hand out c. Media “The New Parent” (hand out media handout)media handout)

d. familyd. family

e. Social Econonic Stratification (SES) e. Social Econonic Stratification (SES) as one grows older.as one grows older.

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B.B. America’s Demographics America’s Demographics: Who are we?: Who are we?

1. Demographics . . . Deal with what? 1. Demographics . . . Deal with what? a. gendera. genderb. occupationb. occupationc. Racec. Raced. religiond. religione. SES - social class e. SES - social class How does one determine demographics? How does one determine demographics? 2. Census building - It will happen every 10 years. How does it 2. Census building - It will happen every 10 years. How does it

impact us “politically”?impact us “politically”?a.Congressional apportionment / Electoral Collegea.Congressional apportionment / Electoral Collegeb. Redistrictingb. Redistrictingc. Block grant distributionc. Block grant distribution3) Minority/majority is influencing the great melting pot. by 3) Minority/majority is influencing the great melting pot. by

2050 - Whites will be only 52% of society 2050 - Whites will be only 52% of society Who is the largest minority?Who is the largest minority?HispanicsHispanics

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4. What 4. What ActAct requires employers to document requires employers to document the citizenship of employees or face fines?the citizenship of employees or face fines?

Simpson/MazzoliSimpson/Mazzoli

3. How has the shifting of America occurred? 3. How has the shifting of America occurred?

from from Frost Belt to Sun Belt: (Frost Belt to Sun Belt: (SW, SE and SW, SE and Texas dramatic population increases(20% Texas dramatic population increases(20% growth rates) while North has 5% growth) growth rates) while North has 5% growth) How has this impacted the American How has this impacted the American political scene?political scene?

Ans. Congress + reapportionment; Red + Ans. Congress + reapportionment; Red + Blue states . . .moreBlue states . . .more

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4. GRAY POWER – 4. GRAY POWER –

Baby boomers graying rapidly. How Baby boomers graying rapidly. How has this impacted the political has this impacted the political landscape?landscape?

they wish to collect their $5 trillion in they wish to collect their $5 trillion in Social Security benefits! -- Their SIGS Social Security benefits! -- Their SIGS possess clout - i,e, AARP, others.possess clout - i,e, AARP, others.

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c. How does one gauge America’s c. How does one gauge America’s pulse?pulse?

POLLLLING- POLLLLING- 1.1. Early 1950’s George Gallup “Polled” a microcosm of Early 1950’s George Gallup “Polled” a microcosm of

American political thought . . . What scientific device?American political thought . . . What scientific device? - a Sample -- - a Sample -- a)a) the more “random” the better. . .????the more “random” the better. . .????

everyone has a chance of being selected. . .everyone has a chance of being selected. . .b) Biased sample- b) Biased sample-

stated preferencestated preferencec) representative sample . c) representative sample .

i.e. Democrats onlyi.e. Democrats only2. Samples are not perfect -- ???2. Samples are not perfect -- ???sampling error . . . sampling error . . . 1-5% error rate per 1,-000- 2,000 responses. . .The bigger the 1-5% error rate per 1,-000- 2,000 responses. . .The bigger the

sample. . . .the less the sampling error. sample. . . .the less the sampling error. 3. random-digit dialing speeds up the process!3. random-digit dialing speeds up the process!

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4. How do Polls assist politicians . . 4. How do Polls assist politicians . . ..a.a. detect public preferences. . .detect public preferences. . .

b.b. Are their shifts in thinking . . .creating Are their shifts in thinking . . .creating possible “shifts” in policy making.possible “shifts” in policy making.

c.c. It has become the issue of selling policy It has become the issue of selling policy instead of possibly doing what’s right! instead of possibly doing what’s right!

d.d. Avoiding compromises to appease radical Avoiding compromises to appease radical shifts!. Politicians love them when they shifts!. Politicians love them when they agree with them, they hate them when agree with them, they hate them when they disagree. they disagree.

5. 5. BandwagonBandwagon effects is . . . effects is . . .

jump on board. . .instead of doing what’s jump on board. . .instead of doing what’s right!right!

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6. What is an Exit poll ?6. What is an Exit poll ?QA voters after they vote. QA voters after they vote.

What’s wrong w/ them? What’s wrong w/ them? Can control elections, East votes earlier than Can control elections, East votes earlier than

west. west. 7. What is a push poll?7. What is a push poll?ANs: Opponent asks a negative Q late in ANs: Opponent asks a negative Q late in

campaign and the contender doesn’t have campaign and the contender doesn’t have time to respond.time to respond.

8. Polls can show 3 items. . .8. Polls can show 3 items. . . a. relevancy, or salience of a topic + intensitya. relevancy, or salience of a topic + intensityb. stabilityb. stabilityc. direction. . .positive or negativec. direction. . .positive or negative

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d. Liberals + conservatives?d. Liberals + conservatives?a)a) Size of gov’t Size of gov’t `Liberals`Liberals `Conservatives`Conservatives

Nat’l, fed big govt, centralized Nat’l, fed big govt, centralized small. . .state. . .decentralizedsmall. . .state. . .decentralized

(b) Change (b) Change progressiveprogressive status quostatus quo

(c) international diplomacy (c) international diplomacy CoalitionsCoalitions Isolationists + Isolationists +

SecuritySecurity

(d) View of man (d) View of man Can be curedCan be cured Evil, needs orderEvil, needs order

(e) Use of violence to maintain order(e) Use of violence to maintain orderChanging environmentChanging environment

disciplinariansdisciplinarians2. True Liberals a) Blue dogs – 2. True Liberals a) Blue dogs –

Conservative Democrats, DixiecratsConservative Democrats, Dixiecrats

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Reagan era shift to the right. . .Clinton Reagan era shift to the right. . .Clinton era shift to the left, then to the era shift to the left, then to the middle. . .Bush era – Right . . . middle. . .Bush era – Right . . . Politically. . .what is this called? Politically. . .what is this called?

Re-alignment of political Re-alignment of political ideology. ideology.

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D.D. Political participation: The many forms-- Political participation: The many forms--How: 8 ways to participate.How: 8 ways to participate.1.1. Voting. Only 50% vote in nat’l elections. Voters Voting. Only 50% vote in nat’l elections. Voters

see a lack of see a lack of political efficacy?political efficacy?Ans: not being able to politically “effect” society Ans: not being able to politically “effect” society through the political process. through the political process.

They have no influence. . . (T-19)They have no influence. . . (T-19)2. Join SIGS2. Join SIGS3. Give $$$$ to SIGS thru PACS3. Give $$$$ to SIGS thru PACS4. Become a political elite4. Become a political elite5. Contacting gov’t officials on a regular basis5. Contacting gov’t officials on a regular basis6. Working on a campaign6. Working on a campaign7. civil disobedience7. civil disobedience8. Violence8. ViolenceWho participates more?Who participates more?

higher SES participate more. . . and get more!higher SES participate more. . . and get more!

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E. Mass Media:E. Mass Media:1.1. Fourth Estate (Mass Media) –Power originates . . .Fourth Estate (Mass Media) –Power originates . . .2.2. 1st Amendment provides the incentive to report 1st Amendment provides the incentive to report

the “News” which is . . . . the “News” which is . . . . a timely occurence that “informs the public”. a timely occurence that “informs the public”.

2. What is a “Media Event. . .2. What is a “Media Event. . . Get your name or picture in print or on the tube! Get your name or picture in print or on the tube! either through “news” events or paid either through “news” events or paid advertising! advertising! Often Politicians “make” news to get on the Often Politicians “make” news to get on the news.news.

3. What is a “Spin Masters”? 3. What is a “Spin Masters”? Person hired specifically to promote the image of Person hired specifically to promote the image of the candidate! i.e. Reagan era advice:the candidate! i.e. Reagan era advice:

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7. Competition in the medias has 7. Competition in the medias has forced them to be much more forced them to be much more aggressive and “bend” the aggressive and “bend” the journalistic rules of using reliable journalistic rules of using reliable sources and the sources and the “sound bite” and “sound bite” and great images! WhaT IS A Sound bite?great images! WhaT IS A Sound bite?

Ans. Short clip of a dramatic statement Ans. Short clip of a dramatic statement from the politician. from the politician.

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8. Narrowcasting v. Broadcasting. . . 8. Narrowcasting v. Broadcasting. . . (focus on specific news or issues 24 hours a day) (focus on specific news or issues 24 hours a day) may fulfill political junkies or spin issues out of may fulfill political junkies or spin issues out of control. control.

Or one can turn to the BLOGGERS . . . Or one can turn to the BLOGGERS . . . 9. Politicians can manipulate the press by sending up:9. Politicians can manipulate the press by sending up:a.a. trial balloonstrial balloons to see how the public will react to to see how the public will react to

certain issues. Then back off if the response is certain issues. Then back off if the response is negative. negative.

b.b. both the political elites and the medias dance to both the political elites and the medias dance to get the upperhand. . .and both seek the get the upperhand. . .and both seek the advantage in dispensing their agenda. . .advantage in dispensing their agenda. . .

c.c. The Press’ wishes to inform the masses. . . vs. the The Press’ wishes to inform the masses. . . vs. the politicians’ attempt to put it in a good light. . .politicians’ attempt to put it in a good light. . .

10. Undoubtedly, “coverage” impacts public opinion!10. Undoubtedly, “coverage” impacts public opinion!

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11. 4 Mass media roles11. 4 Mass media rolesa.a. SignalerSignaler

alert the public ASAP – 24/7 newsalert the public ASAP – 24/7 newsb. Agenda settingb. Agenda setting

focus public’s att’n focus public’s att’n c. Common Carrier rolec. Common Carrier role

Open channel from politician to Open channel from politician to constituentconstituent

D. Watch dog role D. Watch dog role Protect the public from politicians. Protect the public from politicians.

There is tension between what two roles?There is tension between what two roles?Common carrier and watch dogCommon carrier and watch dogMore of a tendency to report bad . . .than a More of a tendency to report bad . . .than a

bias tint. bias tint.

criticisms of the press

1. Not objective – Biases are prevalent2. Only a few own a lot – the big 63. Sensational news more important

than the real news.4. Selling image instead of the issues

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E.E. Amassing public support Amassing public supportSpecial Interest groups (SIGS) Special Interest groups (SIGS)

Purpose ofPurpose of

““influencing”influencing” the gov’t at all levels, the gov’t at all levels, all branches. No gov’t stone shall be all branches. No gov’t stone shall be left unturned! left unturned! - Political parties goals are to:Political parties goals are to:

“ “make” policy. . . SIGS goal is too:make” policy. . . SIGS goal is too:

Influence. . .Influence. . .

Types of groups

Biggest:1. Business or economic sector –

heavily funded.2. Labor3. Single issue4. Public interest5. SmallestYou if you can find a friend.

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How Influence? Six strategies or techniques. . . How Influence? Six strategies or techniques. . . a. Provide data to Gov’t + agencies. Policy specialists ( a. Provide data to Gov’t + agencies. Policy specialists (

Pol parties are party generalists)Pol parties are party generalists)b. draft legislation via the Iron Triangle (issue) network b. draft legislation via the Iron Triangle (issue) network

of of SIGSSIGSGov’t agenciesGov’t agencies

Congressional subcommitteesCongressional subcommitteesc. lawsuits (amicus curiae, Friend of the court)c. lawsuits (amicus curiae, Friend of the court)class action court cases. class action court cases. d. educationd. educatione. Watchdogs of gov’t. . . e. Watchdogs of gov’t. . . f. Lobbyists- “hired guns or political persuaders, whose f. Lobbyists- “hired guns or political persuaders, whose

job is to promote the SIGS interests via. . .pressure job is to promote the SIGS interests via. . .pressure (garnering votes, + $$$$, idealists. )(garnering votes, + $$$$, idealists. )

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4. SUCCESSFUL SIGS:4. SUCCESSFUL SIGS:What determines success? What determines success?

a. size of the group . . .a. size of the group . . .

(1)(1) is it a “potential group”---is it a “potential group”---

a mixture (consumers) of many who “could” a mixture (consumers) of many who “could” belong,belong,

(1)(1) vs.an “actual group” of hard core (NRA) vs.an “actual group” of hard core (NRA) followers. followers.

(2)(2) Potential groups (or large groups) suffer Potential groups (or large groups) suffer from? “from? “free-rider statusfree-rider status”. i.e. all minimum ”. i.e. all minimum wage earners benefit from minimum wage earners benefit from minimum wage increases. . .so why work toward it. . wage increases. . .so why work toward it. . ..

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b. Intensity - Single issue groups - b. Intensity - Single issue groups - NRA, NOW, Gun Control, abortionNRA, NOW, Gun Control, abortion

c. $$$$ - As of 1974, corporations and c. $$$$ - As of 1974, corporations and Unions can not directly fund political Unions can not directly fund political campaigns. . .BUT Political Action campaigns. . .BUT Political Action Committees (PACS) , the political arm Committees (PACS) , the political arm of SIGS, can fund candidates’ of SIGS, can fund candidates’ campaignscampaigns

w/ what type of money?w/ what type of money?Hard $$$ NOOOOT Soft! Or via. . .Hard $$$ NOOOOT Soft! Or via. . .527’s527’s

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Buckley v. Valeo?Buckley v. Valeo?

extended $$$ to “indirect” financing extended $$$ to “indirect” financing (TV ads) (TV ads)

(b). Soft Money - 1980 - Can “earmark” (b). Soft Money - 1980 - Can “earmark” funds to a political party, unlimited funds to a political party, unlimited contributions. . . $400 million contributions. . . $400 million allocated in 2000 election to Dems + allocated in 2000 election to Dems + Republicans.Republicans.

Today soft money is not regulated. Today soft money is not regulated. Citizens United v. FEC Citizens United v. FEC

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d. Going Public. . .reaching out to d. Going Public. . .reaching out to influence public opinion. . Ads sell! a influence public opinion. . Ads sell! a great form of propaganda!great form of propaganda!

Interest group participation is Interest group participation is culmination of political participatory culmination of political participatory activities. activities.

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III. Political parties + electionsIII. Political parties + electionsA. . US Parties typically been two-party - A. . US Parties typically been two-party -

offering American voters a choice. . .which is offering American voters a choice. . .which is what democracy is all about!what democracy is all about!

1. Historically - Federalists v. anti-federalists1. Historically - Federalists v. anti-federalistsevolved into Democrats v. Republicans evolved into Democrats v. Republicans

althoughalthough3rd parties have popped up. What are the types 3rd parties have popped up. What are the types a. ideological - Socialists, Independentsa. ideological - Socialists, Independentsb. Single issue - free soilers, Greenpeaceb. Single issue - free soilers, Greenpeacec. Economic protests - greenback partyc. Economic protests - greenback partyd. splinter - Bull Moose . . .Which 3d. splinter - Bull Moose . . .Which 3rdrd party was party was

“MOST” successful. . .“MOST” successful. . .Bull Moose . . .How judge success?Bull Moose . . .How judge success?

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2. Republicans and Democrats have switched in 2. Republicans and Democrats have switched in ideological dominance since 1800, referred to as . ideological dominance since 1800, referred to as . . . . . Re-alignment.. . .Re-alignment.. . .

Since 1968, era of Since 1968, era of ““one party runs the Exec Branch, one party runs the Exec Branch, the other controls Congress . . .which could create the other controls Congress . . .which could create legislative gridlock. This is called:legislative gridlock. This is called:““Divided gov’t. . .Divided gov’t. . .””

3. ALL parties promote same purpose: 6 purposes: 3. ALL parties promote same purpose: 6 purposes: a. pick Candidates via a nominationa. pick Candidates via a nominationb. runs campaignsb. runs campaignsc. establish an image. . .c. establish an image. . .d. articulate policiesd. articulate policiese. coordinate policymakinge. coordinate policymakingf. compete for votesf. compete for votes

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(1)(1) Down’s Rational Choice theory Down’s Rational Choice theory states . .states . .

centrist policies usually win. . .don’t centrist policies usually win. . .don’t drift too far from moderate proposals.drift too far from moderate proposals.

2) Many voters have moved to the 2) Many voters have moved to the middle of party identification >>> middle of party identification >>> this is calledthis is called

Moderation . . . .or moderites . . .Moderation . . . .or moderites . . .

Nope. . . How about Nope. . . How about

a dealignment of party ID. a dealignment of party ID.

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B.B. Party machines - Party machines -each ???? manages its own operation – each ???? manages its own operation – The states- decentralized and fragmented The states- decentralized and fragmented

system. system. 1. What dominates - It’s the good boy/girl club. 1. What dominates - It’s the good boy/girl club.

Patronage - Party regulars become gov’t Patronage - Party regulars become gov’t appointees.appointees.

2. Finding the right candidates takes parties 2. Finding the right candidates takes parties through “grass roots” democracy all the through “grass roots” democracy all the way through campaigns until election day.way through campaigns until election day.

It seems to last foooooooor evvvvverrrrr! It seems to last foooooooor evvvvverrrrr! a.a. How does one come across a potential party How does one come across a potential party

elite? elite? Be a party regular! and hold a public office Be a party regular! and hold a public office at some level - US Congressperson or state at some level - US Congressperson or state GuvGuv

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b. Goal of a Prez candidate running for the b. Goal of a Prez candidate running for the candidacy? candidacy? Amass enough delegates at the nat’l convention to win the Amass enough delegates at the nat’l convention to win the

NOMINATION! All 50 states run their own shows! How NOMINATION! All 50 states run their own shows! How amass delegates? amass delegates?

(1). caucus (12 states use this road) . . . What is it? (1). caucus (12 states use this road) . . . What is it? finds delegates for the next level. . . The town mtg.finds delegates for the next level. . . The town mtg.

First caucus?First caucus?IOWA and also begins platform development. IOWA and also begins platform development.

(2).Primaries(2).PrimariesElectoral event that weeds out the candidates, not Electoral event that weeds out the candidates, not parties. . .you can win w/o party endorsement.. .but parties. . .you can win w/o party endorsement.. .but it is difficultit is difficult

1968 McGovern-Fraser commission set rules for 1968 McGovern-Fraser commission set rules for Dems: Dems:

- More Minority representation at DEM convention. But - More Minority representation at DEM convention. But - The super delegates . . . .The super delegates . . . .- Top Natl officials get delegate spotsTop Natl officials get delegate spots

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(a)(a) closed primary:closed primary:(1) only party faithful can vote(1) only party faithful can vote

(b) Open primary:(b) Open primary:You select which camp to vote inYou select which camp to vote in

(c) Blanket – (c) Blanket – all parties run on one ballot. - - all parties run on one ballot. - -

Supreme Court said it was unconstitutional, violated Supreme Court said it was unconstitutional, violated basic function of political party - to choose basic function of political party - to choose candidates - Democratic party v. Jones.candidates - Democratic party v. Jones.

(d) GOAL- you win the primary, so . . . (d) GOAL- you win the primary, so . . . you get the number of delegates the state law allocates. you get the number of delegates the state law allocates.

Some are proportional, some winner take all. . . Some are proportional, some winner take all. . . (e) Goal during campaign(e) Goal during campaign>>>> get the BIG MOo o o o! which gives you??? 4M’s. . >>>> get the BIG MOo o o o! which gives you??? 4M’s. . (1) Momentum(1) Momentum(2) After all the primaries - tally up your delegates and a (2) After all the primaries - tally up your delegates and a

majority gets you the . . . majority gets you the . . . nomination at the convention. nomination at the convention.

Majority vs. PluralityMajority vs. Plurality

Majority needs ____ of the vote.Majority needs ____ of the vote.

An: 50+. . . .an example where one needs itAn: 50+. . . .an example where one needs it

AN: electoral college . . .passing legislationAN: electoral college . . .passing legislation

A plurality needs _____ of the voteA plurality needs _____ of the vote

One more than all the others…. ExampleOne more than all the others…. Example

Winning elections. . . Winning elections. . .

Winner take all means . . .Winner take all means . . .

Win it and you get all the benniesWin it and you get all the bennies

Proportional . . .Proportional . . .

Divide up the pie based on the vote . . .ExampleDivide up the pie based on the vote . . .Example

Some states use proportional to determine delegates in Some states use proportional to determine delegates in PrimariesPrimaries

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(3) $$$$$$$$ . . . Campaign donations (3) $$$$$$$$ . . . Campaign donations flood in. . . flood in. . .

(4) Media attention. . .Press wants to (4) Media attention. . .Press wants to promote a(n) . . . .promote a(n) . . . .

Horse race for the nomination. Horse race for the nomination.

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C. Nat’l conventionC. Nat’l convention1.1. Nat’l convention – what happens here?Nat’l convention – what happens here?a)a) select presidential + VP candidates, select presidential + VP candidates, b)b) sets platform, endorses all party sets platform, endorses all party

nominees for other offices! Ho Hum (T-nominees for other offices! Ho Hum (T-30)30)

2. National committee2. National committee3. national chairperson3. national chairperson4. Goal after nomination:4. Goal after nomination:

form enough coalitions ( of SIGS) to win form enough coalitions ( of SIGS) to win the election. the election.

5. Campaign highway. Goal:5. Campaign highway. Goal:(a) dominate the media(a) dominate the media(b) vanquish your opponent(b) vanquish your opponent

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c. Spends lots of $$$c. Spends lots of $$$““money is the mother’s milk of politics”money is the mother’s milk of politics”(1)(1) What was established in 1974 following H20GATE What was established in 1974 following H20GATE

scandal to control flow of money to parties?scandal to control flow of money to parties?FEC . . .what does it do? FEC . . .what does it do? ••gives public financing to candidates.gives public financing to candidates.••limits presidential candidates expenditures to $80 limits presidential candidates expenditures to $80

million per candidatemillion per candidate• • requires disclosure of all expenses.requires disclosure of all expenses.• • limits an individual’s candidate’s contributions to limits an individual’s candidate’s contributions to

$2,300. $2,300. ••PACs can spend “unlimited amounts”. . .ct case? PACs can spend “unlimited amounts”. . .ct case? (Buckley v. Valeo) indirectly until 2002. This was (Buckley v. Valeo) indirectly until 2002. This was

called?called?soft money. Now Citizens’ United v. FECsoft money. Now Citizens’ United v. FEC

• • -Voluntary contributions-Voluntary contributions6. Today- many constituents are pulling away from 6. Today- many constituents are pulling away from

party ID’s -- dealignment- - and this is leading to: party ID’s -- dealignment- - and this is leading to:

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Divided Gov’tDivided Gov’ta) Minnesota had a three way split!a) Minnesota had a three way split!

b) Voters have become indifferent! --b) Voters have become indifferent! --DealignmentDealignment

Where are voters going. . .Where are voters going. . .

2. Third Parties - What do they represent?2. Third Parties - What do they represent?

Minnesota’s Reform Party is a prime Minnesota’s Reform Party is a prime example-example-

Jesse’s Revolution has been one of many Jesse’s Revolution has been one of many state led 3state led 3rdrd parties… at the nat’l level: parties… at the nat’l level:

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Recent 3Recent 3rdrd Party Players? Party Players?1. Ralph Nader . . .stole some of Al Gore’s left 1. Ralph Nader . . .stole some of Al Gore’s left

wing thunder in 2000 election. . .It was that wing thunder in 2000 election. . .It was that close! and . . . close! and . . .

2. Ross Perot took away George Bush Sr’s 2. Ross Perot took away George Bush Sr’s thunder in 1992 when Bill Clinton won. thunder in 1992 when Bill Clinton won. In the ’04/08 elections, were 3In the ’04/08 elections, were 3rdrd parties an parties an issue?issue?

c. Third parties have an uphill fight. . .c. Third parties have an uphill fight. . .(1) Single member plurality voting system (1) Single member plurality voting system

(winner take all) system favors two parties. . .(winner take all) system favors two parties. . .and Jesse is only 1 governor of 50and Jesse is only 1 governor of 50(2) Two Big Parties have organization. . .(2) Two Big Parties have organization. . .(3) Two Big parties can moderate views to (3) Two Big parties can moderate views to

enhance voters. enhance voters.

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E. ElectionsE. ElectionsLegitimizing the political process Legitimizing the political process 1. Elections provide for:1. Elections provide for:a. Institutionalizing the political process. All a. Institutionalizing the political process. All

forms of political participation can end here ..,forms of political participation can end here ..,Voting - Voting - b. Access to political power w/o violence. . Ballot b. Access to political power w/o violence. . Ballot

instead of bullets. instead of bullets. c. guiding policy direction - either by selecting a c. guiding policy direction - either by selecting a

new person or by initiatives or referendums?new person or by initiatives or referendums?Special election to vote on voter initiatives. Special election to vote on voter initiatives. 2. 2000 Election was one of a kind. . . Becuz . . . 2. 2000 Election was one of a kind. . . Becuz . . .

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a. US Supreme Ct ruled in Bush v. Gore that: a. US Supreme Ct ruled in Bush v. Gore that: although a recount was legal, the same although a recount was legal, the same procedure had to be used in ALL counties, procedure had to be used in ALL counties, not only those in question. . . not only those in question. . . AND there was not enough time to AND there was not enough time to accomplish that mission B4 December 12, accomplish that mission B4 December 12, when the electoral college was to when the electoral college was to meet. . .soooooo Bush won Florida and w/ meet. . .soooooo Bush won Florida and w/ 271 electoral votes to Gore’s 269. . . So why 271 electoral votes to Gore’s 269. . . So why the controversy???the controversy???

b. only the 4th time the winner of the popular b. only the 4th time the winner of the popular vote lost an election. vote lost an election.

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Getting Citizen’s to voteGetting Citizen’s to vote1.1. Sufferage an issue in three constitutional Sufferage an issue in three constitutional

amendments:amendments: 15th, 19th, 26th. YOUR 18.15th, 19th, 26th. YOUR 18. you can vote. . .but too many don’t. 51% in you can vote. . .but too many don’t. 51% in

2000 election. . High 50’s in ’04. 2000 election. . High 50’s in ’04. Only 30%+ in off year voting. Many more Only 30%+ in off year voting. Many more

appeared in 04. MN leads in voter appeared in 04. MN leads in voter turnout.turnout.

2. Who does vote: Six characteristics:2. Who does vote: Six characteristics:a. Old b. high SESa. Old b. high SESc. Educated d. Gender - Females higherc. Educated d. Gender - Females highere. Married f. union membership e. Married f. union membership

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Who doesn’t or can’t vote? WHY?Who doesn’t or can’t vote? WHY?

1.1. Not old enoughNot old enough

2.2. AliensAliens

3.3. FelonsFelons

4.4. Too busyToo busy

5.5. Lack political efficacyLack political efficacy

6.6. Not registered.Not registered.

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Election Essay Election Essay

4. Since the 1960’s, the process of 4. Since the 1960’s, the process of selecting presidential candidates has selecting presidential candidates has been altered by the changing role of been altered by the changing role of presidential primaries and national presidential primaries and national party conventions. Identify and party conventions. Identify and explain four effects that have explain four effects that have resulted from this change in the resulted from this change in the presidential selection process. presidential selection process.

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Election RubricElection Rubric

Effects: Effects: Longer campaigns>> Increased costs >>Longer campaigns>> Increased costs >>

Early fund raising>>Media coverage >>Early fund raising>>Media coverage >>Front loading >>Ticket balancing >>Front loading >>Ticket balancing >>New breed of spin masters >>Full time job to New breed of spin masters >>Full time job to

run>> party leadership role declines>>run>> party leadership role declines>>Regional party blocs>>Primaries, caucuses Regional party blocs>>Primaries, caucuses

are REALLY Important>>conventions are are REALLY Important>>conventions are not>> truly republican>> Swing states!!not>> truly republican>> Swing states!!

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3. (a) Identify a third-party candidate within the 3. (a) Identify a third-party candidate within the last two decades who received significant last two decades who received significant popular votes but no electoral votes and popular votes but no electoral votes and provide an explanation for that discrepancy.provide an explanation for that discrepancy.

(b) Identify a third-party candidate who (b) Identify a third-party candidate who received significant popular votes as well as received significant popular votes as well as significant electoral votes, and provide an significant electoral votes, and provide an explanation for that outcome. explanation for that outcome.

(c) In seeking to win presidential electons, third (c) In seeking to win presidential electons, third parties face challenges not faced by major parties face challenges not faced by major parties. Identify two of these challenges and parties. Identify two of these challenges and explain why third parties face these explain why third parties face these challenges. challenges.

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IV. Congress + BudgetIV. Congress + BudgetA.A. The Independent PoliticianThe Independent PoliticianWhy are congressperson so independent? 4 Why are congressperson so independent? 4

reasons. . .reasons. . .1.1. Congresspersons (represent themselves Congresspersons (represent themselves

and/or constituents. . .not political parties and/or constituents. . .not political parties 2.2. They do NOT have to support the “gov’t” in They do NOT have to support the “gov’t” in

power. . .they are “separate”, but equal power. . .they are “separate”, but equal partners in the political system. partners in the political system.

3. A vote against the Gov’t, does not bring 3. A vote against the Gov’t, does not bring about a collapse of gov’t, i.e. GB, Italy, about a collapse of gov’t, i.e. GB, Italy, France, Germany. US Gov’t continues day to France, Germany. US Gov’t continues day to day operations even w/ gridlock. . . day operations even w/ gridlock. . .

4. Pol parties do NOT control nominations for 4. Pol parties do NOT control nominations for office, so they cannot control . . . office, so they cannot control . . . how a legislator votes on legislation.how a legislator votes on legislation.

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B. Congressional powersB. Congressional powers1. Powers: initiate, modify, approve or reject legislation initiate, modify, approve or reject legislation

in a variety of political arenas, in a variety of political arenas, 2.2. + they share supervision of administrative + they share supervision of administrative

agencies . . . agencies . . . 3. build consensus among legislators + constituents.3. build consensus among legislators + constituents.4. educate4. educate5. oversees bureaucracies5. oversees bureaucracies4) investigates4) investigates5) Hse-initiates $$$ bills; 5) Hse-initiates $$$ bills; 6. Senate-confirms, ratifies executive decisions6. Senate-confirms, ratifies executive decisionsa) Art.1 sect 8, clauses 1-17 expressed powers; clause a) Art.1 sect 8, clauses 1-17 expressed powers; clause

18- implied powers (raise troops). This is called>>>18- implied powers (raise troops). This is called>>>Necessary + proper clauseNecessary + proper clause – the court case is >>> – the court case is >>>b) b) McCullogh v. MarylandMcCullogh v. Maryland

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c) c) Gibbons v. Ogden – gave us >>>Gibbons v. Ogden – gave us >>>

Commerce Clause – Commerce Clause –

states can’t interfere w/ Congr states can’t interfere w/ Congr attempt to regulate interstate attempt to regulate interstate commerce!commerce!

This led to what legislation in the This led to what legislation in the 1960s? 1960s?

civil rights legislationcivil rights legislation

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C. Constitutional RequirementsC. Constitutional RequirementsHSEHSE SenateSenate

AgeAge2525 3030

CitizenCitizen77 99

ResidencyResidency Yes Yes YesYes(district)(district) StateState

Native BornNative BornNoNo NoNo

MembersMembers435435 100100

OccupationOccupation BusinessBusiness LawLawLawLaw BusinessBusiness

Womn 108)Womn 108) 78?78? 14?14?

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1.1. Since both houses possess decentralized Since both houses possess decentralized power bases, Congress persons engage in power bases, Congress persons engage in Substantive representation >>> which isSubstantive representation >>> which is

representing interests of groups. representing interests of groups. 2. Congressional goal- 2. Congressional goal- Get elected-- Stay elected!Get elected-- Stay elected!a.a. Incumbency -- What is it? Incumbency -- What is it? b.b. 1) I’m in, now get me out. As party 1) I’m in, now get me out. As party

partisanship declines. . .legislators bear partisanship declines. . .legislators bear more of the burden to getting re-elected. more of the burden to getting re-elected.

c. Safe districts prevail-?c. Safe districts prevail-? 90% of reps in the 1980’s got re-elected by 90% of reps in the 1980’s got re-elected by 60% of the vote. 50% for senators. Marginal 60% of the vote. 50% for senators. Marginal districts claim only 55% or less of the votes. districts claim only 55% or less of the votes. In 2004 election, 90% of incumbents got re-In 2004 election, 90% of incumbents got re-elected.elected.

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d) What makes an incumbent so d) What makes an incumbent so invincible?invincible?

1) + visibility -- contacting the 1) + visibility -- contacting the constituents. . .somehow i.e. travel constituents. . .somehow i.e. travel home, franking, getting on the newshome, franking, getting on the news

2) + credit claiming- Casework (helping 2) + credit claiming- Casework (helping out constituents to the vast porkbarrel out constituents to the vast porkbarrel (getting a chunk of that $1.9 trillion and (getting a chunk of that $1.9 trillion and bringing it home to mama. Why did bringing it home to mama. Why did Brainerd get a by-pass? Brainerd get a by-pass?

3) position taking - meeting roll call votes. 3) position taking - meeting roll call votes.

4) weak opponents - who lack the cash 4) weak opponents - who lack the cash flow. opponents miss out on #1 + #2 flow. opponents miss out on #1 + #2 aboveabove

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e. How are incumbents vulnerable?e. How are incumbents vulnerable?(1) Scandals(1) Scandals(2) re-apportionment (2) re-apportionment (3) gerrymandering - drawing districts to favor (3) gerrymandering - drawing districts to favor

one party over another. State issue.one party over another. State issue.(4) Majority-Minority districts gives minorities (4) Majority-Minority districts gives minorities

advantage in electing minorities.advantage in electing minorities.wHat court case made majority/minority wHat court case made majority/minority

unconstitutional .unconstitutional .Shaw v. RenoShaw v. Reno however, Supreme Ct however, Supreme Ct claimed re-districting in North Carolina claimed re-districting in North Carolina was unconstitutionalwas unconstitutional

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Making policyMaking policyA collection of generalists making policy on A collection of generalists making policy on

specific topics. specific topics. If one needs to know how to vote on a bill. . .who If one needs to know how to vote on a bill. . .who

do you ask ?do you ask ?a committee person for advice a committee person for advice

1. House - Protecting the Masses . 1. House - Protecting the Masses . a)–Who is the traffic cop on legislation? a)–Who is the traffic cop on legislation?

House Rules Committee controls the flow of bills House Rules Committee controls the flow of bills - establishes a “rule” for each bill which - establishes a “rule” for each bill which schedules it. schedules it.

b) Leadership – Who is the top person?b) Leadership – Who is the top person?(1)(1)Speaker - only office mandated by the Speaker - only office mandated by the

Constitution – Who selects? Constitution – Who selects? Party caucus selected – 4 powers?Party caucus selected – 4 powers?((a)) Presides over the House; Prez succession – ((a)) Presides over the House; Prez succession –

3rd3rd((b)) Committee assignments influence((b)) Committee assignments influence((c)) appoints Rules Committee members((c)) appoints Rules Committee members((d)) Influences bill assignments to Committee((d)) Influences bill assignments to Committee

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Who are the other House leaders?Who are the other House leaders?

Majority leaderMajority leader

Minority leaderMinority leader

Party whipsParty whips

Committee chairpersonsCommittee chairpersons

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SenateSenatea. leadershipa. leadership

1) Vice President - President of the Sen1) Vice President - President of the Sen

Significant power? Significant power?

but he can break a tie vote. . .and it but he can break a tie vote. . .and it happenshappens

2) Majority Leader - selected by 2) Majority Leader - selected by Whom?Whom?

Congressional Party caucus. - Congressional Party caucus. - 3)Minority Leader –3)Minority Leader –

4) PARTY whips-4) PARTY whips-

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Committees– what types?Committees– what types?legislation and Oversightlegislation and Oversighta.a. Standing Committees Standing Committees

separate subject matter committees separate subject matter committees b Joint Committees – b Joint Committees –

Hse + senate share membership i.e. Hse + senate share membership i.e. taxationtaxation

c. Conference committees – c. Conference committees – Two bills need one explanation- Both Two bills need one explanation- Both houses compromise here. houses compromise here.

d. select committees – d. select committees – for specific reasonfor specific reason

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f. committees also perform >>>f. committees also perform >>>oversight if and when a bill ever oversight if and when a bill ever becomes law. becomes law.

g. Committee chairpersons – How g. Committee chairpersons – How selected? Party caucus. Seniority selected? Party caucus. Seniority prevails but majority caucuses now can prevails but majority caucuses now can choose chairpersons. What do they do? choose chairpersons. What do they do?

Manage legislation thru bill making Manage legislation thru bill making process.process.

h. Caucuses v. party leadership-h. Caucuses v. party leadership- legislators ban together under legislators ban together under ideological flag: Black caucus, pro-life, ideological flag: Black caucus, pro-life, pro-choice, gun control pro-choice, gun control

Law QuestionLaw QuestionLegislation must go through an arduous Legislation must go through an arduous

process before a bill becomes a law.process before a bill becomes a law.

a)a) Describe 3 stages where a bill may be Describe 3 stages where a bill may be eliminated in the legislative law-making eliminated in the legislative law-making process.process.

b)b) Of the 3 described in (a), explain which Of the 3 described in (a), explain which one contributes to the most bills being one contributes to the most bills being eliminated.eliminated.

c)c) Explain two factors indicating how Explain two factors indicating how partisanship is involved in the success or partisanship is involved in the success or failure of developing legislation. failure of developing legislation.

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Law answerLaw answer

a) There are 15 ways. Must be truly a) There are 15 ways. Must be truly distinct. . .no double dipping.distinct. . .no double dipping.

b) Answers my vary, but for example, 90% b) Answers my vary, but for example, 90% of legislation is terminated in the of legislation is terminated in the committee process.committee process.

c. Divided gov’t within the legislature.c. Divided gov’t within the legislature.

2) Filibusters2) Filibusters

3) Party line voting is high on roll call votes.3) Party line voting is high on roll call votes.

4) Party line voting in committee4) Party line voting in committee

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Bill >>>> LAWBill >>>> LAW1.1. Who can introduce a Bill:Who can introduce a Bill:

You, legislator, president, You, legislator, president, bureaucracy. . bureaucracy. .

2. Speaker or Sen Maj leader does what?2. Speaker or Sen Maj leader does what?

titles it + numbers it.titles it + numbers it.

3. Off to Committee action - 3. Off to Committee action -

a.a. Subcommittee >>>>Subcommittee >>>>a.a. schedule hearings, Revise it, approve it, kill schedule hearings, Revise it, approve it, kill

itit

b. Committee >>>>b. Committee >>>>

schedules hearings, Revise it, approve schedules hearings, Revise it, approve it, kill itit, kill it

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c. Hse - Rules committee –c. Hse - Rules committee – Schedules Hse rules for floor actionSchedules Hse rules for floor action

1)1) closed rule – closed rule – 1)1) limits debate, amendmentslimits debate, amendments

2) open rule – 2) open rule – amendments allowedamendments allowed

3) restrictive rule –3) restrictive rule – selective amendmentsselective amendments

4) A discharge petition???4) A discharge petition???can avoid “Rules”. Speaker can initiate can avoid “Rules”. Speaker can initiate

5) Suspend the “Rules” . . .5) Suspend the “Rules” . . .To floor for vote. To floor for vote.

d. Senate –Who schedules debate? d. Senate –Who schedules debate? House Majority leader. .House Majority leader. .OOPS– Senate Majority leader. OOPS– Senate Majority leader. Amendments are open for any cause.Amendments are open for any cause.

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3. Floor action3. Floor actiona.a. Committee of the Whole – Where found? Committee of the Whole – Where found?

a.a. Hse - (100 or more members) can debate bills. No Hse - (100 or more members) can debate bills. No “riders” can be added. . .“riders” can be added. . .

b. Quorum call – b. Quorum call – 218 House members needed to 218 House members needed to vote. . .majority passes legislationvote. . .majority passes legislation

c. Senate can add What to legislation?c. Senate can add What to legislation?ridersriders

4. If Senate and/or Hse disagree, Bill goes to:4. If Senate and/or Hse disagree, Bill goes to: Select committee . . . Select committee . . .

Oops – conference committeeOops – conference committee5. Full Hse + Full Senate vote on conference 5. Full Hse + Full Senate vote on conference

committee version -- committee version -- 6. To President for signature or his veto6. To President for signature or his veto

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Passing Legislation?Passing Legislation?1. Appeasing the “Chief Legislator1. Appeasing the “Chief Legislator2. Party influence - 50% of the time 2. Party influence - 50% of the time

legislators will vote party line. . . Hse legislators will vote party line. . . Hse partisanship is stronger than the Senate.partisanship is stronger than the Senate.

3. Who do legislators attempt to please?3. Who do legislators attempt to please?Constituency support - legislators are Constituency support - legislators are seen as “trustees” and instructed seen as “trustees” and instructed delegates = politicos, delegates = politicos,

4. Who else do Reps appease?4. Who else do Reps appease?SIGS + lobbyists - Been restricted by SIGS + lobbyists - Been restricted by Congress in reporting who they represent Congress in reporting who they represent and how much they spend. . ..and how much they spend. . ..

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GEE. The Federal $$$$ Tree. . .GEE. The Federal $$$$ Tree. . .1.1. The annual assessment of gov’t expenditures + The annual assessment of gov’t expenditures +

assets assets BudgetBudget

a.a. Gov’t collects $$$ via and spends it via Gov’t collects $$$ via and spends it via expenditures. If tax allocations are higher. . expenditures. If tax allocations are higher. . .it’s a(n) .it’s a(n) entitlement . . .entitlement . . .

OOPS – Surplus OOPS – Surplus b. if expenses are higher. . .it’s a . . . b. if expenses are higher. . .it’s a . . .

debt debt >>> Add them up it’s >>> Add them up it’s national deficit national deficit

OOPS deficit. . .big one is a debt,OOPS deficit. . .big one is a debt,c. a $11.2 trillion dollar shortfall. . .of which c. a $11.2 trillion dollar shortfall. . .of which

10% of the current budget pays JUST the 10% of the current budget pays JUST the INTEREST.INTEREST.

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2. Federal income:2. Federal income:(1)(1) #1 source#1 source

Income tax – which Amendment:Income tax – which Amendment:1414thth power to tax people via the IRS - 50% power to tax people via the IRS - 50%

OOPs 16OOPs 16thth (2) Corporate tax- 10%(2) Corporate tax- 10%(3) Social Insurance - FICA - 33%(3) Social Insurance - FICA - 33%(4) Borrowing - Debt load - shifts burden to (4) Borrowing - Debt load - shifts burden to

future tax payers. Provokes thoughts of a future tax payers. Provokes thoughts of a “balanced budget amendment” w/ certain “balanced budget amendment” w/ certain provisions. provisions.

(5) Lost Federal income-? (5) Lost Federal income-? Fed tax “loopholes” the Grand DEDUCTION: -- Fed tax “loopholes” the Grand DEDUCTION: --

Tax BREAKS! Tax BREAKS! TAXTAXExpendituresExpenditures

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3. Federal expenditures top 3:3. Federal expenditures top 3:(1)(1) Education Education OOPS - Social Service state- (income security costs OOPS - Social Service state- (income security costs

for the elderly, the poor, and the needy- Social for the elderly, the poor, and the needy- Social Security Act 1935, Medicare 1965, 1/3 of Security Act 1935, Medicare 1965, 1/3 of federal budget. federal budget.

(2) National Defense(2) National Defense(3) Interest on the Debt (3) Interest on the Debt f. The budget process is based on what idea? How f. The budget process is based on what idea? How

much should I get next year. . .much should I get next year. . .(1)(1) incrementalism – incrementalism – Discretionary expendituresDiscretionary expenditures

Increase last years budget by an “increment” to Increase last years budget by an “increment” to satisfy this years budget. Your budget satisfy this years budget. Your budget proposal goes to whom?proposal goes to whom?

OMBOMB(2) Uncontrollable expenditures - 2/3 of the budget(2) Uncontrollable expenditures - 2/3 of the budget(a)(a) entitlements - You qualify, you get them, no entitlements - You qualify, you get them, no

matter what the cost to the gov’t, even if all matter what the cost to the gov’t, even if all the funds are depleted. . .the funds are depleted. . .

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Where does the budget process Where does the budget process Begin:Begin:

1. Federal agencies submit their requests 1. Federal agencies submit their requests to to

OMB. . . Who consolidate requests and then OMB. . . Who consolidate requests and then gives them to the president who then. . .gives them to the president who then. . .

2. Puts together the budget and delivers it 2. Puts together the budget and delivers it via-via-

SOTU . . . .SOTU . . . .

3. Congress then holds hearings w/ the 3. Congress then holds hearings w/ the standing committees and finally approves standing committees and finally approves the . . . the . . .

4. 13 Appropriations bills. Prez signs it!4. 13 Appropriations bills. Prez signs it!

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Budget ReformBudget ReformInstead of just thinking we will only spend so Instead of just thinking we will only spend so

much, Congress has established reforms to much, Congress has established reforms to improve the process --1974 Actimprove the process --1974 Act

(a) Fixed budget calendar(a) Fixed budget calendar(b) budget committee(b) budget committee(c) CBO(c) CBO(d) 1974 Reforms - budget resolution established (d) 1974 Reforms - budget resolution established

in April sets the bottom linein April sets the bottom line((1)) budget reconciliation- change ((1)) budget reconciliation- change

appropriations to reflect proposed savingsappropriations to reflect proposed savings((2)) authorization bill ????((2)) authorization bill ????

sets program spending limits.sets program spending limits.((3)) Appropriations bill –????? Show me the $$$$((3)) Appropriations bill –????? Show me the $$$$

funds programs based on an authorization bill. funds programs based on an authorization bill. Can’t go higher, but can give lower amounts. Can’t go higher, but can give lower amounts.

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Social PolicySocial Policy

What are the two types of social welfare?What are the two types of social welfare?Student scholarships and grants Student scholarships and grants OOPS: OOPS: 1.1. Social Insurance. . .Social Insurance. . .a.a. Transfer payments:Transfer payments: Benefits given by the gov’t to individualsBenefits given by the gov’t to individualsb. Cash pay outs –i.e. Social security b. Cash pay outs –i.e. Social security

payments; Entitlements- also referred to payments; Entitlements- also referred to as social insurance programs- you pay, as social insurance programs- you pay, you play! Also Unemployment Insuranceyou play! Also Unemployment Insurance

2) In-kind transfers – food stamps, low 2) In-kind transfers – food stamps, low interest college loans. interest college loans.

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2. Public assistance program:2. Public assistance program:1)1) Funded by tax revenues and available only Funded by tax revenues and available only

to the “needy” through a “means test”?to the “needy” through a “means test”? One must prove they need “welfare”.One must prove they need “welfare”.a)a) TANF (Temporary Assistance for Needy TANF (Temporary Assistance for Needy

Families (formerly AFDC) that was put in Families (formerly AFDC) that was put in place by the 1996 Welfare to Work Act place by the 1996 Welfare to Work Act

1)) Five year welfare status.1)) Five year welfare status.2))Must find work w/in two years2))Must find work w/in two years3)) unmarried teen mothers must stay in 3)) unmarried teen mothers must stay in

school and live w/ parent or guardianschool and live w/ parent or guardian4)) Mothers must ID deliquent fathers 4)) Mothers must ID deliquent fathers

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a. Which program does the public view a. Which program does the public view more favorably: Means tested or more favorably: Means tested or social insurance programs? Why?social insurance programs? Why?

Ans: Social insurance programs are Ans: Social insurance programs are entitled because you pay into it.entitled because you pay into it.

Means tested are often viewed as Means tested are often viewed as “throwing $$$ at a problem, not “throwing $$$ at a problem, not necessarily fixing the problem.necessarily fixing the problem.

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Education works . . .BUTT . . .Education works . . .BUTT . . .

a.a. Enforcement is difficult w/ the Enforcement is difficult w/ the caseload and the thought of caseload and the thought of reducing gov’t costs.reducing gov’t costs.

b.b. Education . . .Education . . .the Horatio Alger approach of the Horatio Alger approach of bettering oneself through school is a bettering oneself through school is a popular. . .and expensive notion.popular. . .and expensive notion.

Fact: the quality of education depends Fact: the quality of education depends significantly on the wealth of the significantly on the wealth of the community in which a child resides.community in which a child resides.

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. Largest state budget allocation is education. . .but. Largest state budget allocation is education. . .but Nevada ranks in the low 40’s in “quality of Nevada ranks in the low 40’s in “quality of education” issues.education” issues.

i.i. Parents want results:Parents want results:1)1) School choice. . .let schools competeSchool choice. . .let schools compete2)2) Voucher system:Voucher system:Court ruled states can give parents vouchers for prvt Court ruled states can give parents vouchers for prvt

access to schools >>>access to schools >>>Engel v. Vitale . . . Engel v. Vitale . . . OOPS Zelman v. Simmons-Harris (02)OOPS Zelman v. Simmons-Harris (02)3) Purpose of NCLB . . . 3) Purpose of NCLB . . . Integrate public schools via busingIntegrate public schools via busingNope that was Mecklenburg . . . Nope that was Mecklenburg . . . Set Nat’l standards for math + readingSet Nat’l standards for math + reading

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Congress Essay Congress Essay 2. Political scientists often note that “Congress 2. Political scientists often note that “Congress

is too responsive to constituents, and, is too responsive to constituents, and, especially to organized interests. . .” while especially to organized interests. . .” while others argue that Congress is too insulated others argue that Congress is too insulated from ordinary citizens.from ordinary citizens.

a.a. Identify an organized interest and explain Identify an organized interest and explain what characteristics the interest may possess what characteristics the interest may possess so Congress would address its needs.so Congress would address its needs.

b. Describe how Congress can “insulate” itself b. Describe how Congress can “insulate” itself from its constituents and provide an example from its constituents and provide an example to support your claim.to support your claim.

c. Explain how Congress can overcome c. Explain how Congress can overcome organized interests and better meet the organized interests and better meet the needs of its constituentsneeds of its constituents

Cong #1 Essay Rubrics

a. Size, Educate, $$, Lobby (amicus curaie)b. Prioritize agenda, Senate terms,

Casework, Hire spinmasters????, Set limits on lobbyists, Log rolling

Polling. Use bennies of incumbency. Safe districts. Raise $$ to fight SIGS

c. Earmarks and porkbarreling. . .log rolling.

Target negative spin.

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Practice Essay #2Practice Essay #2 The framers of the United States Constitution The framers of the United States Constitution

created a legislative system that is bicameral. created a legislative system that is bicameral. However, it is not just bicameral; the framers However, it is not just bicameral; the framers also established two houses distinctly different also established two houses distinctly different in character and authority. (06) in character and authority. (06)

A. Explain two reasons why the framers created A. Explain two reasons why the framers created a bicameral legislature.a bicameral legislature.

B Identify one power unique to the House of B Identify one power unique to the House of Representatives and explain why the framers Representatives and explain why the framers gave the House the power.gave the House the power.

C. Identify one power unique to the Senate and C. Identify one power unique to the Senate and explain why the framers gave the Senate that explain why the framers gave the Senate that power. power.

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V. President + Fed BurV. President + Fed BurWhich Article sets the stage for “Executive Power to be Which Article sets the stage for “Executive Power to be

Vested in a president. . Vested in a president. . VIVIOOPs IIOOPs IISo What does Art VI do?So What does Art VI do?Supremacy ClauseSupremacy ClauseII. II. 1. Constitutional Requirements1. Constitutional Requirements(a) 35 or older(a) 35 or older(b) natural born(b) natural born(c) 14 years of residency(c) 14 years of residency(d) term limits ? Which amendment? (d) term limits ? Which amendment? 22. amendment-2 terms plus2)22. amendment-2 terms plus2)(e) disability of president turns to . . . (e) disability of president turns to . . . to 25th amendment + succession process. A new non-to 25th amendment + succession process. A new non-

elected VP needs approval from both houses.elected VP needs approval from both houses.(f) popularly elected, sometimes (accidential presidents)(f) popularly elected, sometimes (accidential presidents)Not elected by the populace . . . Not elected by the populace . . .

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Formal PowersFormal Powersa.a. DomesticDomestic1)1) Power of the purse. . . Power of the purse. . . NOPENOPE1) chief legislator-State of the Union, advises,1) chief legislator-State of the Union, advises,approves or vetos legislationapproves or vetos legislation2)Chief executive . . .2)Chief executive . . .3) Administrative powers - enforce the laws, 3) Administrative powers - enforce the laws,

select gov’t officials (w/Senate approval); select gov’t officials (w/Senate approval); run the bureaucracy via “Executive run the bureaucracy via “Executive Orders”. “Take Care” clause of Article II. Orders”. “Take Care” clause of Article II.

4) Judicial powers - reprieves, pardons, 4) Judicial powers - reprieves, pardons, commute federal felons; nominate federal commute federal felons; nominate federal judges w/ Senate majority confirmation. judges w/ Senate majority confirmation.

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Formal Foreign policy pwrsFormal Foreign policy pwrs

1) National Security1) National Security

a) commander in chiefa) commander in chief

b) Head of State (receives b) Head of State (receives ambassadors and other heads of ambassadors and other heads of state)state)

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Informal powersInformal powers

a. presidential precedent (Washington a. presidential precedent (Washington turning to a cabinet for advice)turning to a cabinet for advice)

b. Actions of Congress – b. Actions of Congress – giving president power i.e. 1965 Gulf of giving president power i.e. 1965 Gulf of Tonkin Resolution v. War Powers Act. Tonkin Resolution v. War Powers Act.

c. Media’s use of the Bully Pulpit. Prez c. Media’s use of the Bully Pulpit. Prez goes directly to the people. i.e. Clinton goes directly to the people. i.e. Clinton in ‘97 budget freeze. . .Congress lost in ‘97 budget freeze. . .Congress lost that battle. that battle.

d. Executive Orders . . . Can be formal or d. Executive Orders . . . Can be formal or informalinformal

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Executive BranchExecutive Branch1.1. VP is a heart beat away. . . His/her qualifications? VP is a heart beat away. . . His/her qualifications? a. Same constitutional requirements as president. a. Same constitutional requirements as president. b. Political professional, eases one into the congressional b. Political professional, eases one into the congressional

gridlock. gridlock. c. faithful follower which might deter his own presidential c. faithful follower which might deter his own presidential

ambitions. i.e., Bush + Gore. ambitions. i.e., Bush + Gore. d. Which amendment changed how VP was selected?d. Which amendment changed how VP was selected?1313thth

Oops 12thOops 12th2. 2. Cabinet positions -- How many-- How many12 and the AG12 and the AGOOPSOOPS-14 secretaries and the AG-14 secretaries and the AGAll must be confirmed by the All must be confirmed by the . . . Senate. . . . Senate. a. Responsibilities- execute presidential and congressional a. Responsibilities- execute presidential and congressional b. Requirements- Prez supporters, usually partisan b. Requirements- Prez supporters, usually partisan

selections, selections,

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EOBEOB

What is its function? What is its function?

More advisors for domestic and foreign policy. More advisors for domestic and foreign policy. In theory partisan, in reality, civil servants In theory partisan, in reality, civil servants who stay as presidents move on.who stay as presidents move on.

Office heads appointed + confirmed by SenateOffice heads appointed + confirmed by Senate

a. NSC - crisis mg’ment- liaison to military, CIAa. NSC - crisis mg’ment- liaison to military, CIA

b. CEA - economic trend managementb. CEA - economic trend management

c. OMB- presidential budget oversight; watches c. OMB- presidential budget oversight; watches Congress and the BureaucracyCongress and the Bureaucracy

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WHO(s)WHO(s)

Partisan followers whose sole function Partisan followers whose sole function is to support the president.is to support the president.

If not, find another job. If not, find another job. West Wing residents whose purpose is to residents whose purpose is to oversee the political and policy oversee the political and policy interests of the prez- interests of the prez-

no Senate confirm here!no Senate confirm here!

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The other burocratsThe other burocrats

filled by “federal” employees (85%) filled by “federal” employees (85%) unless truly specialists in a given unless truly specialists in a given field (lawyers or businesspersons). field (lawyers or businesspersons).

a. Party ID not that relevant a. Party ID not that relevant because . . . because . . .

b. Appease caucus groups: Hispanics, b. Appease caucus groups: Hispanics, women, blacks, elderly, far right women, blacks, elderly, far right constituents. Here are your constituents. Here are your participants in the issue network.participants in the issue network.

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Prez Quality . . . Prez Quality . . .

How get others to follow - How get others to follow - 1. Act of Persuasion - Constitution is vague 1. Act of Persuasion - Constitution is vague

on what the PRESident can do. . .so great on what the PRESident can do. . .so great leaders get creative -- leaders get creative --

a. Powers enhanced by:a. Powers enhanced by:1) national constituency - 1) national constituency - 2) ceremonial head of state - and party, at 2) ceremonial head of state - and party, at

least in first term. This can erode quickly if least in first term. This can erode quickly if one’s party deserts you and others one’s party deserts you and others compete in the primaries against you! It’s compete in the primaries against you! It’s tough to beat an incumbent!tough to beat an incumbent!

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Who does the Prez have to Who does the Prez have to appease?appease?

a. DC political pundits - can one do the job? Can a. DC political pundits - can one do the job? Can one possess power- (charismatic leadership)one possess power- (charismatic leadership)

One gets 100 days to show your stuff! Make it One gets 100 days to show your stuff! Make it count because the “honeymoon is over.”count because the “honeymoon is over.”

b. partisan grassroots- Chief of Party- Be a good b. partisan grassroots- Chief of Party- Be a good Republican.Republican.

c. Joe Public- Use the c. Joe Public- Use the polls to your advantage. to your advantage. TV spots are what you make them. When you TV spots are what you make them. When you are hot, your legislation flows, your fellow are hot, your legislation flows, your fellow party people get re-elected. (coat-tail effect)party people get re-elected. (coat-tail effect)

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Chief legislatorChief legislatorin name only. . . the power is shared with Congressin name only. . . the power is shared with Congressa. Advises- 4 ways a. Advises- 4 ways (1) shapes policy (2) consults Congr (3) bargains(1) shapes policy (2) consults Congr (3) bargains(4) appeals to partisans (friends to the party) (4) appeals to partisans (friends to the party) b. Disapprovalsb. Disapprovals(1)(1) Veto - It takes ____ of Hse + Sen to override. – Veto - It takes ____ of Hse + Sen to override. – ¼ of congress to override¼ of congress to overrideOOPS 2/3OOPS 2/3___ day limit or its law. Overrides seldom happen___ day limit or its law. Overrides seldom happena)a) pocket veto –pocket veto –b)b) Congr adjourns; After 10 days it fails Congr adjourns; After 10 days it fails b) line-item veto- State guvs can eliminate portions of a b) line-item veto- State guvs can eliminate portions of a

bill . . . ‘96 Congr approved and Prez agreed for an bill . . . ‘96 Congr approved and Prez agreed for an “enhanced rescission” of legislation. Prez had 5 days to “enhanced rescission” of legislation. Prez had 5 days to “line-out” legislation. BUT Supreme Ct ruled it “line-out” legislation. BUT Supreme Ct ruled it unconstitutional (Clinton v. City of NY)unconstitutional (Clinton v. City of NY)

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Party Party and the Presidential Agenda . . and the Presidential Agenda . .

1.) party support - 2/3 of the time party 1.) party support - 2/3 of the time party discipline prevails. But lack of consensus on discipline prevails. But lack of consensus on policies and diversity of constituents hurts.policies and diversity of constituents hurts.

Congresspersons follow constituents first. . . Congresspersons follow constituents first. . . 2). Off year elections are not popular for Prez’s2). Off year elections are not popular for Prez’sexcept for Clinton in ’98 + GW in ’02. In ’06 except for Clinton in ’98 + GW in ’02. In ’06

history prevailed. history prevailed. 3). Public approval gives leverage, not 3). Public approval gives leverage, not

commanding influence. “commanding influence. “Going Public”4). Does one pursue a number of issues 4). Does one pursue a number of issues

(Clinton) or just three or four (Reagan) (Clinton) or just three or four (Reagan)

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Foreign Policy Foreign Policy

Some created by one’s agenda. . .some Some created by one’s agenda. . .some inherited by past presidents. inherited by past presidents.

Some domestic, some foreign. Factors that Some domestic, some foreign. Factors that influence decision making: influence decision making:

1. Chief Diplomat1. Chief Diplomat

a) extend + terminate diplomatic recognition a) extend + terminate diplomatic recognition

b) Negotiate treaties w/ . . . b) Negotiate treaties w/ . . .

2/3rd Senate confirm.2/3rd Senate confirm.

c) executive agreements-c) executive agreements-d) initiate nuclear war, the President’s call.d) initiate nuclear war, the President’s call.

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2. Commander in Chief- Cold WAR V. HOT WAR2. Commander in Chief- Cold WAR V. HOT WARa)a) Global military reach- Going to war w/o Global military reach- Going to war w/o

declaring war - police actions - declaring war - police actions - Korea+Vietnam, Panama, Grenada, IraqKorea+Vietnam, Panama, Grenada, Iraq

1)1) Foreign policy history:Foreign policy history:a)) Isolationism – Monroe Doctrine established a)) Isolationism – Monroe Doctrine established

the “homefront” – The the “homefront” – The America’sb)) WWI we went “Over there” + Prez Wilson b)) WWI we went “Over there” + Prez Wilson

wanted involvement in a “League of Nations. wanted involvement in a “League of Nations. Senate said no. Senate said no.

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c)) WWII + Cold War – Defeated Japan + c)) WWII + Cold War – Defeated Japan + Germany and a power vacuum occurred that Germany and a power vacuum occurred that the Ruskies wished to fill. the Ruskies wished to fill.

1)) Containment policy vs. USSR’s Communist 1)) Containment policy vs. USSR’s Communist Expansion. . .Greece, Korea, Vietnam, Western Expansion. . .Greece, Korea, Vietnam, Western Europe. NATO vs. Warsaw Pact. Europe. NATO vs. Warsaw Pact.

Also McCarthyism raging at home to thwart Also McCarthyism raging at home to thwart commie infiltration. commie infiltration.

d)) Era of Détente – Lessoning of tensions. . .de- d)) Era of Détente – Lessoning of tensions. . .de- nuke in the 70’s after the 60’s madness.nuke in the 70’s after the 60’s madness.

e)) Ray Gun’s Star wars initiative“broke” the e)) Ray Gun’s Star wars initiative“broke” the Soviets. Or was it the Afganistan invasion of 81Soviets. Or was it the Afganistan invasion of 81

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f)) USSR crumbles. . .China views a mixed f)) USSR crumbles. . .China views a mixed economy. Eastern Europe throws off the yoke economy. Eastern Europe throws off the yoke of Communism. USSR is liberated. The wall of Communism. USSR is liberated. The wall falls 1989falls 1989

g)) Terrorism is the next target. . .g)) Terrorism is the next target. . .1)) Kuwait + the multi-lateral coalition vs. IRAQ1)) Kuwait + the multi-lateral coalition vs. IRAQ2)) Unilateral theory of Bush 43 to finish off2)) Unilateral theory of Bush 43 to finish offIraq + pursue the “Axis of Evil”. Any one who Iraq + pursue the “Axis of Evil”. Any one who

“harbors” or protects terrorists are against us. “harbors” or protects terrorists are against us. 3))What is the difference between multilateral 3))What is the difference between multilateral

and unilateral? and unilateral?

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3 Instruments of Foreign policy3 Instruments of Foreign policy

1.1. Economic – sanctions, embargos, trade. . Economic – sanctions, embargos, trade. . .Globalization prevails . . ..Globalization prevails . . .

2.2. Military – conventional – unconventional- Military – conventional – unconventional- MAD scenarios scenarios

3.3. Coalition buildingCoalition buildinga)a) UN, CENTO, SEATO, OAS, EUUN, CENTO, SEATO, OAS, EUb)b) Multi-national Corporations Multi-national Corporations 4. The Players4. The Playersa)a) Prez + his major players – Defense, Prez + his major players – Defense,

State, NSCState, NSCb)b) Congress Congress

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1) Prez can dispatch troops for 60 days 1) Prez can dispatch troops for 60 days w/o Congr approval. . .thenw/o Congr approval. . .then

2) 2) War Powers resolution - Congress resolution - Congress must allocate funds or troops are must allocate funds or troops are coming home. Gulf War Congr issued coming home. Gulf War Congr issued a resolution in support . . . same in a resolution in support . . . same in war on terrorism.war on terrorism.

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1. Domestically1. Domestically(a) Prez can “VETO” legislation(a) Prez can “VETO” legislation(b) Congress can also prevent Presidential “actions” – (b) Congress can also prevent Presidential “actions” – LEGISLATIVE VETO – Prez can’t put actions into place LEGISLATIVE VETO – Prez can’t put actions into place

until a 30-90 day waiting period. . .Congress until a 30-90 day waiting period. . .Congress submits a “resolution” to deny the Presidential submits a “resolution” to deny the Presidential action. . .action. . .

(1) SC (Chadha case ) ruled it unconstitutional,(1) SC (Chadha case ) ruled it unconstitutional, Congress passes laws, Prez signs them into LAW. . Congress passes laws, Prez signs them into LAW. .

. . (2) But Congress still uses the LEG VETO as a (2) But Congress still uses the LEG VETO as a

threat to control the bureaucracy!threat to control the bureaucracy!

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(c) Congress can pull back funding if Prez (c) Congress can pull back funding if Prez doesn’t spend the allocation. . . . What is that doesn’t spend the allocation. . . . What is that called? called?

Impoundment of funds. . (1) Budget Reform Impoundment of funds. . (1) Budget Reform ACT of 1974. . .Does the Prez have to spend all ACT of 1974. . .Does the Prez have to spend all he gets. . .He can’t spend what he doesn’t he gets. . .He can’t spend what he doesn’t get!!!get!!!

2. Foreign Policy2. Foreign Policy

(a) War Powers Act 1973 – MUST notify (a) War Powers Act 1973 – MUST notify Congress. . .but does he need their Congress. . .but does he need their approval????approval????

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ImpeachmentImpeachment

1.1. Reason – Reason – Hse may charge the president, by majority vote, for Hse may charge the president, by majority vote, for

“Treason, Bribery, or other high Crimes and “Treason, Bribery, or other high Crimes and Misdemeanors. Submit Articles of Impeachment Misdemeanors. Submit Articles of Impeachment to the to the

2. Senate, 2. Senate, which holds the trial with the Chief Justice and which holds the trial with the Chief Justice and

presiding judge. 2/3 of Senate votes to presiding judge. 2/3 of Senate votes to convict. . .That’s a supermajority vote. convict. . .That’s a supermajority vote.

3. Two Presidents have been impeached, 3. Two Presidents have been impeached, NONENONEconvicted. Johnson, + Clinton. . . Nixon resigned B4 convicted. Johnson, + Clinton. . . Nixon resigned B4

trial. trial.

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Federal BurocracyFederal Burocracy

1.1. Federal Civil Service -- powerless patronageFederal Civil Service -- powerless patronage- it’s what you can do (merit principle) - it’s what you can do (merit principle) instead of who you know( the spoils system)instead of who you know( the spoils system)

a.a. In 1883 this established federal civil serviceIn 1883 this established federal civil serviceb.b. Pendelton Civil Service Act-Pendelton Civil Service Act-b. What prohibits civil servants from becoming b. What prohibits civil servants from becoming

political activists while working?political activists while working?Hatch Act-Hatch Act-c. Who hires and fires. c. Who hires and fires.

Office of Personnel Management (OPM)(1) -Office of Personnel Management (OPM)(1) -

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Buro organizationBuro organizationa.a. Burocracies follow what model. . .Burocracies follow what model. . .Weberian Model – What makes it so unique? Weberian Model – What makes it so unique? 1) Hierarchy\ 1) Hierarchy\ 2) task specialization2) task specialization3) merit base – not patronage. An assassins bullet changed the 3) merit base – not patronage. An assassins bullet changed the

system.system.4) Impartiality4) Impartiality5) A culture – “This is how it is done here” type of attitude. 5) A culture – “This is how it is done here” type of attitude. b. Acquisitive/Monopolisticb. Acquisitive/Monopolistic1) Maximize one’s budget- 1) Maximize one’s budget- 2) Only show on the block - monopoly2) Only show on the block - monopoly3) fear of privatization 3) fear of privatization c. Garbage can - Buy something and then find a use for it. c. Garbage can - Buy something and then find a use for it.

Solutions are in search of problems. Solutions are in search of problems. d. American bureaucracies share each of the above theories in d. American bureaucracies share each of the above theories in

administering to the needs of the American people.administering to the needs of the American people.

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Federal HierarchyFederal Hierarchy

a. a. Cabinet Departments- 15 of those - Departments- 15 of those - although some have been in jeopardy - i.e. although some have been in jeopardy - i.e. What does “the Commerce” department do? What does “the Commerce” department do? Interior

b. Regulatory Agencies – b. Regulatory Agencies – affect economy by making and enforcing affect economy by making and enforcing rules designed to protect the public interest. rules designed to protect the public interest. Munn v. Illinois (1877)Munn v. Illinois (1877) ICC followed in ICC followed in 1887 to regulate RR’s 1887 to regulate RR’s

Small commission oversees agency. Appointed Small commission oversees agency. Appointed by president, confirmed by Senate for fixed by president, confirmed by Senate for fixed terms - Oust via Just Cause!terms - Oust via Just Cause!

SIGS attempt to impact Regulatory agencies!SIGS attempt to impact Regulatory agencies!

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1) FRB (Federal reserve Board - 1) FRB (Federal reserve Board - Regulates $$$ supply > interest rates. Regulates $$$ supply > interest rates.

2) NLRB (Nat’l Labor Relations Board) 2) NLRB (Nat’l Labor Relations Board)

3) FCC - licensing and managing the 3) FCC - licensing and managing the HUGE TV, telephone, internet; with HUGE TV, telephone, internet; with some success.some success.

4) FTC - monopoly watch - ad accuracy4) FTC - monopoly watch - ad accuracy

5) SEC - police stock market.5) SEC - police stock market.

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Gov’t CorporationsGov’t Corporations

like prv’t corps. Provide services and charge like prv’t corps. Provide services and charge for themfor them

1) TVA 1) TVA 2) US Post Office - the largest corp. 2) US Post Office - the largest corp. 3) Amtrack 3) Amtrack d. d. Independent Executive AgenciesIndependent Executive Agencies - all - all

the rest. Chiefs appointed by the presidentthe rest. Chiefs appointed by the president1) GSA – General Service Administration1) GSA – General Service Administration2) NSF - Nat’l Science Foundation2) NSF - Nat’l Science Foundation3) NASA -3) NASA -

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Policy implementationPolicy implementation

Congressional laws Presidential orders, Congressional laws Presidential orders, Judicial decisions and make them into policy Judicial decisions and make them into policy . .

a) Assign (new or old) agency the task.a) Assign (new or old) agency the task.

b) Set up operational rules and develop b) Set up operational rules and develop guidelinesguidelines

c) Coordinate resources and personnel.c) Coordinate resources and personnel.

d) BUT . . . . . best laid plans go astrayd) BUT . . . . . best laid plans go astray

1) Program design is faulty. . .What is said in 1) Program design is faulty. . .What is said in Washington may not fly in Las Vegas. Washington may not fly in Las Vegas.

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2) lack of clarity in the idea - i.e. Title IX 2) lack of clarity in the idea - i.e. Title IX equality for men and women sports. What equality for men and women sports. What does “equal” mean? law states “reasonable does “equal” mean? law states “reasonable provisions” to provide equality. . .What is provisions” to provide equality. . .What is “reasonable”?“reasonable”?

OR - immigration keeps out the terrorists but OR - immigration keeps out the terrorists but allows immigrants into an open door country?allows immigrants into an open door country?

3) lack of resources - - AIDS prevention, INS 3) lack of resources - - AIDS prevention, INS problems, DOE auditting, FAA and IRS are problems, DOE auditting, FAA and IRS are undermanned. FDA and drug testing.undermanned. FDA and drug testing.

4) SOP’s + red tape - frustrate constituents-4) SOP’s + red tape - frustrate constituents-

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5) Administrator discretion - 5) Administrator discretion - Politics is a factor.Politics is a factor.

So is constituent pressure! So is constituent pressure! 6) Diffusion of responsibility - the 6) Diffusion of responsibility - the

Drug War is Justice, customs Drug War is Justice, customs (Treasury) , military (Defense) (Treasury) , military (Defense) State and more. . .and then Congress is State and more. . .and then Congress is involved. It often gets fragmented.involved. It often gets fragmented.

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Too much regulationToo much regulation

1.1. Costs the private sector which means it Costs the private sector which means it costs the consumer.costs the consumer.

2.2. Is America losing its competitive edge vs. Is America losing its competitive edge vs. foreign countries?foreign countries?

3.3. Does “red tape” strangle the system?Does “red tape” strangle the system?

Command and control policyCommand and control policy

vs. vs.

Incentive system = punish the offenders onlyIncentive system = punish the offenders only

Emphasize free market strategies. Emphasize free market strategies.

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Controlling the Bureaucratic Controlling the Bureaucratic morassmorass

a. Presidential ordersa. Presidential orders1) Appointments 1) Appointments 2) issue executive orders2) issue executive orders3) Budget squeezes3) Budget squeezes4) Re-organize (deregulation move)4) Re-organize (deregulation move)b. Congressb. Congress1) influence appointments1) influence appointments2) budget influence2) budget influence3) hold hearings3) hold hearings4) rewrite legislation4) rewrite legislation5) Let the prv’t sector do it- deregulate!5) Let the prv’t sector do it- deregulate!

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Practice EssayPractice Essay 1. The concept of “divided government” in 1. The concept of “divided government” in

the United States means that one political the United States means that one political party can control the executive branch party can control the executive branch while another controls the legislative while another controls the legislative branch. This poses problems for the branch. This poses problems for the President in making appointments to President in making appointments to federal offices. (02) federal offices. (02)

a. Describe two problems that divided a. Describe two problems that divided government poses for the President in government poses for the President in making federal appointments.making federal appointments.

b. Identify and explain two ways Presidents b. Identify and explain two ways Presidents try to overcome the problems described in try to overcome the problems described in (a).(a).

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Essay # 1 RubricsEssay # 1 RubricsProblems (2) – Greater policy conflict; Problems (2) – Greater policy conflict;

narrows candidate field; Offices narrows candidate field; Offices unfilled; Tougher committee scrutiny; unfilled; Tougher committee scrutiny; Confirmation harder; Character Confirmation harder; Character assassinations on cands.assassinations on cands.

Overcome (4) = Gen public support; Overcome (4) = Gen public support; Compromise; build congr coalitions; Compromise; build congr coalitions; dealmaking (veto threat) Find SIG dealmaking (veto threat) Find SIG coalitions; Make interim recess coalitions; Make interim recess apptmts; Better bckgrnd screening; apptmts; Better bckgrnd screening; pick minority candidates; Turn to WHS pick minority candidates; Turn to WHS for guidance instead of hostile apptmts. for guidance instead of hostile apptmts.

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Practice Essay #2Practice Essay #2

Presidents are generally thought to have advantages Presidents are generally thought to have advantages over Congress in conducting foreign policy because over Congress in conducting foreign policy because of the formal and informal powers of the of the formal and informal powers of the presidency. (04) presidency. (04)

a. Identify two formal constitutional powers of the a. Identify two formal constitutional powers of the President in making foreign policy.President in making foreign policy.

b. Identify two formal constitutional powers of b. Identify two formal constitutional powers of Congress in making foreign policy.Congress in making foreign policy.

c. Identify two informal powers of the President that c. Identify two informal powers of the President that contribute to the President’s advantage over contribute to the President’s advantage over Congress in conducting foreign policy.Congress in conducting foreign policy.

d. Explain how each of the informal powers identified in d. Explain how each of the informal powers identified in (c) contributes to the President’s advantage over (c) contributes to the President’s advantage over Congress in conducting foreign policy.Congress in conducting foreign policy.

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Rubrics #2Rubrics #2

A.(2) ID’s= Co in chief; appt for policy A.(2) ID’s= Co in chief; appt for policy officials; Recog nations; Receive Ambassofficials; Recog nations; Receive Ambass

B. (2) IDs = confirm abass, pwr or B. (2) IDs = confirm abass, pwr or purse;declare war; pass resolutions/aws; purse;declare war; pass resolutions/aws; reg for commerce; ratify treaties.reg for commerce; ratify treaties.

c. (2) Id’s informal = Exec Agreemts; Media c. (2) Id’s informal = Exec Agreemts; Media Access-Bully plpt; Agenda setting; Cris mgr; Access-Bully plpt; Agenda setting; Cris mgr; Coalitions; President more fp access; Global Coalitions; President more fp access; Global ldr status;ldr status;

d. Prez + > Persuade Congr; Persuade public; d. Prez + > Persuade Congr; Persuade public; can circumvent the formal process via EO’s can circumvent the formal process via EO’s

Review Q 3Review Q 3 43.”The president and Congress may get more attention 43.”The president and Congress may get more attention

in the news, but it is the bureaucracy that has the more in the news, but it is the bureaucracy that has the more immediate impact on the daily lives of Americans.”immediate impact on the daily lives of Americans.”

Thomas PattersonThomas Patterson

a. Assess the validity of this statement by explaining a. Assess the validity of this statement by explaining three principles that leads to a bureaucracy’s system of three principles that leads to a bureaucracy’s system of organization and control.organization and control.

b. Describe the functions of three of the four bureaucratic b. Describe the functions of three of the four bureaucratic agencies listed below.agencies listed below.

Cabinet DepartmentsCabinet Departments

Independent AgencyIndependent Agency

Regulatory AgencyRegulatory Agency

Government CorporationGovernment Corporation

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Rubrics #3Rubrics #3a. Assessment interpretation may vary. The three a. Assessment interpretation may vary. The three

principles are hierarchical authority, job principles are hierarchical authority, job specialization, and formalized rules. (4 points)specialization, and formalized rules. (4 points)

b. Functions are: Cabinet Departments provide are b. Functions are: Cabinet Departments provide are the major administrative organizations that are the major administrative organizations that are responsible for a general policy area. Independent responsible for a general policy area. Independent Agency are similar to cabinet departments except Agency are similar to cabinet departments except they have a narrower area of responsibility. they have a narrower area of responsibility. Agency chiefs are appointed by the president but Agency chiefs are appointed by the president but do not have cabinet rank. Regulatory agencies do not have cabinet rank. Regulatory agencies monitor and regulate economic activities. monitor and regulate economic activities. Government Corporations charge for a service like Government Corporations charge for a service like the Post Office or Amtrak. (3 points)the Post Office or Amtrak. (3 points)

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Essay Q 4Essay Q 43. Presidential powers have evolved over time as presidents have 3. Presidential powers have evolved over time as presidents have

exercised their authority in leading the nation. exercised their authority in leading the nation.

a. Describe the difference between the Whig (Anti-federalist) theory of a. Describe the difference between the Whig (Anti-federalist) theory of the presidency and the stewardship (Federalist) theory of the the presidency and the stewardship (Federalist) theory of the presidency.presidency.

b. Explain how two of the presidential powers listed below would be b. Explain how two of the presidential powers listed below would be asserted under the Whig theory of the presidency. Provide examples asserted under the Whig theory of the presidency. Provide examples to support your analysis.to support your analysis.

Chief ExecutiveChief Executive Chief DiplomatChief Diplomat Legislative Leader Legislative Leader

c. Using the same powers identified in (b), explain how the presidential c. Using the same powers identified in (b), explain how the presidential powers would be asserted under the stewardship theory of the powers would be asserted under the stewardship theory of the presidency. Provide examples to support your analysis.presidency. Provide examples to support your analysis.

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Q 4 RubricsQ 4 Rubrics aa. The Whig theory holds that the presidency is a limited or constrained office where the . The Whig theory holds that the presidency is a limited or constrained office where the

president is limited to his specific constitutional powers. The stewardship theory president is limited to his specific constitutional powers. The stewardship theory maintains that the president should be a strong, assertive, and forceful leader, using maintains that the president should be a strong, assertive, and forceful leader, using implicit interpretations of his powers to lead the country. (2 points)implicit interpretations of his powers to lead the country. (2 points)

b. Congress initiates policy and it is the responsibility of the president to administer this b. Congress initiates policy and it is the responsibility of the president to administer this policy. (4 pts) policy. (4 pts)

c. In the stewardship theory the president can do anything that is not specifically forbidden by c. In the stewardship theory the president can do anything that is not specifically forbidden by the Constitution. For example, he cannot declare war but he can send troops into hostile the Constitution. For example, he cannot declare war but he can send troops into hostile environments without Congressional approval without violating the War Powers Act. environments without Congressional approval without violating the War Powers Act. Executive powers are definitely vested in the president and a strong-willed president can Executive powers are definitely vested in the president and a strong-willed president can attempt to lead the country without Congressional support or approval. Executive orders, attempt to lead the country without Congressional support or approval. Executive orders, agreements, interim appointments. . .are a few examples for each of the two selected. (4 agreements, interim appointments. . .are a few examples for each of the two selected. (4 points)points)

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V. Judicial / Civil Lib + Civil RightsV. Judicial / Civil Lib + Civil RightsA. Define Rule of Law –A. Define Rule of Law –

Ans: society establishes regulations, Ans: society establishes regulations, principles + norms coordinated by principles + norms coordinated by unbiased individuals.unbiased individuals.

B. Federal law + courts are outlined?B. Federal law + courts are outlined?

1. Art III - . . . judicial pwr shall extend 1. Art III - . . . judicial pwr shall extend to all cases, in Law + Equity. . and to all cases, in Law + Equity. . and vested in one Supreme Ct + in such vested in one Supreme Ct + in such inferior crts.inferior crts.

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Essay #3Essay #3There are several constraints that There are several constraints that

make it difficult for a president to make it difficult for a president to develop a program. develop a program.

a.a. For two of the constraints below, For two of the constraints below, Identify a specific example and Identify a specific example and explain why it made it difficult for a explain why it made it difficult for a president to pursue his program.president to pursue his program.

CrisisCrisis The federal budgetThe federal budget Adverse popular reactionAdverse popular reaction6 pts; 3 pts per constraint. 6 pts; 3 pts per constraint.

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2. Constitutional courts -2. Constitutional courts -1) Judiciary Act of 1789 gets Fed 1) Judiciary Act of 1789 gets Fed

district cts.district cts.

a)a) These cts have . . . ? jurisdictionThese cts have . . . ? jurisdiction

original jurisdiction original jurisdiction

b) only ct’s to hold trials w/ juries b) only ct’s to hold trials w/ juries (only 3% end in ruling, the rest (only 3% end in ruling, the rest are plea bargained)are plea bargained)

c) Who selects these judges + how?c) Who selects these judges + how?

Ans: prez thru confirmation processAns: prez thru confirmation process

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2) Ct of Intern’tl trade2) Ct of Intern’tl trade

3) Court of Appeals3) Court of Appeals

a)a) Jurisdiction?Jurisdiction?

appellate jurisdictionappellate jurisdiction

b) How many districts b) How many districts

12 districts12 districts

c) Function: c) Function:

correct mistakes made in district correct mistakes made in district cts.cts.

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4) Supreme Ct - (T-61)4) Supreme Ct - (T-61)a)a) Jurisdiction? Jurisdiction? original and appellate jurisdictionoriginal and appellate jurisdictionb) # of justices b) # of justices 99c) Types of cases? c) Types of cases? Constitutional issues (14Constitutional issues (14thth

amendment)amendment)5. Other courts:5. Other courts: Special cts + legislative cts (set up Special cts + legislative cts (set up

to deal w/ powers of Congress)to deal w/ powers of Congress)

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d. Jurisdictiond. Jurisdiction1) original – 1) original –

trial starts here. 90% end heretrial starts here. 90% end here

2) appellate –2) appellate –

adverse decision from lower ct. or adverse decision from lower ct. or highest state supreme ct sends highest state supreme ct sends it up to US Supreme Ct.it up to US Supreme Ct.

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e. Judge portfolioe. Judge portfolio1) How are federal judges selected?1) How are federal judges selected?Presidential appointment w/ Senate 2/3 Presidential appointment w/ Senate 2/3

vote to confirmvote to confirm1)1) Senatorial courtesySenatorial courtesy – – home state senator can immediately home state senator can immediately

VETO a confirmation w/o discussion. VETO a confirmation w/o discussion. 2) Term – 2) Term – Lifetime appointments for all fed Lifetime appointments for all fed

judges. Why is that so special? judges. Why is that so special? Can enhance a president’s legacyCan enhance a president’s legacy3) impeachment 3) impeachment Yes - (7 in US history) is available for Yes - (7 in US history) is available for

“unacceptable” behavior.“unacceptable” behavior.

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4) Judge must meet the “litmus test”? - 4) Judge must meet the “litmus test”? - - ideological purity is critical - ideological purity is critical

What make appointments more What make appointments more difficult? Divided Gov’t makes it more difficult? Divided Gov’t makes it more difficult to select and confirm judges. difficult to select and confirm judges.

5) Confirmation could go badly if: 5) Confirmation could go badly if:

a) you have the minority party in a) you have the minority party in SenateSenate

b) Pres is in the late term selectionsb) Pres is in the late term selections

c) Judge has ethics violations, can nix c) Judge has ethics violations, can nix nomination. i.e. Clarence Thomas nomination. i.e. Clarence Thomas survived, Robert Bork did not.survived, Robert Bork did not.

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f. Qualificationsf. Qualifications1) Most are Lawyers 1) Most are Lawyers 2) Male (2 female selections)2) Male (2 female selections)3) White (2 blacks selected, i.e. 3) White (2 blacks selected, i.e.

Thurgood Marshal + Brown v. Thurgood Marshal + Brown v. 4) SES - upper middle or upper class4) SES - upper middle or upper class5) Protestant5) Protestant6) Party favorites - only 13 of 108 SC 6) Party favorites - only 13 of 108 SC

judges non partisan selections. judges non partisan selections. 90% partisan selections. 90% partisan selections.

7) IDEOLOGY is the KEY factor7) IDEOLOGY is the KEY factor

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g. Case workg. Case work1)1) What gives the Courts their power over Leg + What gives the Courts their power over Leg +

Executive decisions?Executive decisions?Judicial review gives fed cts power to “hear” federal Judicial review gives fed cts power to “hear” federal

questions and overrule Leg + Exec branches -- questions and overrule Leg + Exec branches -- overturned 100 rulings overturned 100 rulings

The court case?The court case?Marbury v. Madison Marbury v. Madison 1801 provided right of Judicial 1801 provided right of Judicial

Review. . . Review. . . 2) 2) Rule of 4Rule of 4 culls culls

through 7500 case + selects about 100. (T-62)through 7500 case + selects about 100. (T-62)3) Solicitor Genrl 3) Solicitor Genrl

assists in Appellate ct case load possibilities. . .assists in Appellate ct case load possibilities. . .a)a) writ of mandamus –writ of mandamus – Ct demands ACTIONCt demands ACTIONb) writ of certiorae- b) writ of certiorae- Certificate FROM SC requesting a case be sent up. Certificate FROM SC requesting a case be sent up. c) Writ of Habeas Corpus –c) Writ of Habeas Corpus –Jailers must explain why holding a suspect. Jailers must explain why holding a suspect.

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Deliberations + opinionsDeliberations + opinions Chief justice delegates authority to writing WHY we Chief justice delegates authority to writing WHY we

(the SC) voted. Only 1/3 of decisions have been (the SC) voted. Only 1/3 of decisions have been unanimous. unanimous.

a)a) concurring – concurring – We agree and here is whyWe agree and here is whyOR-could stress a “different” constitutional or legal OR-could stress a “different” constitutional or legal

foundation for the opinionfoundation for the opinionb) dissenting – b) dissenting – we disagree we disagree c) stare decisis –c) stare decisis – decision stands - decision stands - d) How many judges does one need to vote? d) How many judges does one need to vote? SIX judges to vote – SIX judges to vote – How many to decide a case?How many to decide a case?MAJORITY. Tie votes retains lower Ct decision. MAJORITY. Tie votes retains lower Ct decision. Need five votes to set a . . .Need five votes to set a . . .

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e) Precedente) Precedentlower cts follows decisions of higher cts. lower cts follows decisions of higher cts. Can SC overrule its own decisions ?Can SC overrule its own decisions ?Yes -- (200 times) because times change. i.e. Yes -- (200 times) because times change. i.e. Brown v. Board of Educ (54) (Integrate)Brown v. Board of Educ (54) (Integrate)

overruledoverruledPlessy v. Ferguson (1898)Plessy v. Ferguson (1898)

(Separate but equal) (Separate but equal) Congress can re-initiate legislation the following term.Congress can re-initiate legislation the following term.(e) Interpretations can follow strict constructionist (e) Interpretations can follow strict constructionist

beliefs ???beliefs ???(original intent of the constitution) v.(original intent of the constitution) v.

Activist decisionsActivist decisionsLiberal interpretation that widens Constitutions Liberal interpretation that widens Constitutions original intent> i.e. original intent> i.e. Gibbons v. OgdenGibbons v. Ogden

Political climate can indicate the ideological tendencies Political climate can indicate the ideological tendencies of the bench.of the bench.

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Court HistoryCourt History1) First Trimester - Developmental 1) First Trimester - Developmental

issuesissuesi.e. Marbury v. Madison – i.e. Marbury v. Madison – OfficesOfficesMccullough v. MarylandMccullough v. MarylandNat’l bank + Necessary + proper clause Nat’l bank + Necessary + proper clause

(implied powers) (implied powers) Barrons v. BaltimoreBarrons v. BaltimoreEqual opportunity is a national issueEqual opportunity is a national issue2) 2nd Trimester - Economic issues2) 2nd Trimester - Economic issuesMunn v. Illinois Munn v. Illinois (1877) set up ICC(1877) set up ICC

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3) Last trimester - social issues3) Last trimester - social issues

a)a) Most liberal court?Most liberal court?

Warren Ct set “liberal precedents in Warren Ct set “liberal precedents in education, civil liberties, re-education, civil liberties, re-apportionment, 1960’sapportionment, 1960’s

b) Burger Ct (a Minnesotan selected by b) Burger Ct (a Minnesotan selected by Nixon was more conservative although Nixon was more conservative although it set precedent w/ Wade v. Roe. it set precedent w/ Wade v. Roe.

c) Rehnquist Ct - limited rights c) Rehnquist Ct - limited rights established by Warren Ct, not established by Warren Ct, not reversed; affirmative action policies reversed; affirmative action policies severely scrutinized.severely scrutinized.

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B. Civil LibertiesB. Civil Liberties1. define - 1. define - Indiv legal and constitutional protections v. Govt. Indiv legal and constitutional protections v. Govt. CL’s are found in where ? CL’s are found in where ? The Bill of Rights (1-10) and the SC is the final The Bill of Rights (1-10) and the SC is the final

arbitrator. arbitrator. Winds of change shift these interpretations, Winds of change shift these interpretations, especially in time of war . . . (cartoon) especially in time of war . . . (cartoon)

2. Bill of rights review2. Bill of rights reviewa.a. Freedom of Expression (religious, press, speech, Freedom of Expression (religious, press, speech,

assembly – is found where?assembly – is found where?11stst Amendment Amendmentb. Privacyb. Privacy

(3+4)(3+4)c. Defendant’s rightsc. Defendant’s rights

(5-8)(5-8)d. Other rights d. Other rights

(2,5,9-10)(2,5,9-10)

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3. Only a federal issue 3. Only a federal issue Barron v. Baltimore,Barron v. Baltimore, states or local gov’t could infringe on civil states or local gov’t could infringe on civil liberties until SC ruled in 1925 that states liberties until SC ruled in 1925 that states must follow SOME 1st Amendment rights must follow SOME 1st Amendment rights

Gitlow v. New York. Gitlow v. New York. BUT BUT4. SC used the 14th Amendment as the 4. SC used the 14th Amendment as the

precedent, not the 1st. States could NOT precedent, not the 1st. States could NOT abridge 1st Am freedoms. abridge 1st Am freedoms. This is called:This is called:Incorporation doctrine - States have slowly Incorporation doctrine - States have slowly come under the Bill of Rights. come under the Bill of Rights.

5. Door is now open for Bill of Rights 5. Door is now open for Bill of Rights enforcement:enforcement:

Have all the amendments been incorporated?Have all the amendments been incorporated?No, 1,3,4,5,6,8 have been, 2,7,9,+`10 have not. No, 1,3,4,5,6,8 have been, 2,7,9,+`10 have not.

What is that called>What is that called>Selective incorporationSelective incorporation

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2. Ist Amendment2. Ist Amendment1.1. Tinker v DesMoines-Tinker v DesMoines-Dress codesDress codes2. 2. Gitlow v. N.Y. –Gitlow v. N.Y. –Incorporation DoctrineIncorporation Doctrine3. Lemon v. Kurtzman-3. Lemon v. Kurtzman-Aid to churches follows set guidelinesAid to churches follows set guidelines4. Engel v. Vitale- 4. Engel v. Vitale- Prayer in schools is unconstitutionalPrayer in schools is unconstitutional5. School District of Abington Township v. 5. School District of Abington Township v.

Pennsylvania v. Schempp- Pennsylvania v. Schempp- Prayer violates establishment clausePrayer violates establishment clause

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6. Near v. Minnesota (1931) 6. Near v. Minnesota (1931)

-no prior restraint censorship-no prior restraint censorship

7. Schneck v. U.S. (1919) –7. Schneck v. U.S. (1919) –

Govt could restrict inflam rhetoricGovt could restrict inflam rhetoric

8. Brandenburg v. Ohio- 8. Brandenburg v. Ohio-

can incite w /o lawless actioncan incite w /o lawless action

9. Zurcher v. Stanford Daily 9. Zurcher v. Stanford Daily

NP’s files can be searchedNP’s files can be searched

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10. Roth v. U.S. 10. Roth v. U.S. Obsentity cannot be protected by the Obsentity cannot be protected by the

1st1st11. Miller v. California11. Miller v. CaliforniaCommunity standards sets Obscen but Community standards sets Obscen but

what is lewdwhat is lewd12. N.Y. Times v. Sullivan –12. N.Y. Times v. Sullivan –MaliceMalice13. Texas v. Johnson –13. Texas v. Johnson –Flag burning is symbolic speechFlag burning is symbolic speech

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14. NAACP v. Alabama- 14. NAACP v. Alabama-

No files for harassment purposesNo files for harassment purposes

15. U.S. v. Playboy Entertainment 15. U.S. v. Playboy Entertainment GroupGroup -Target block v. ban-Target block v. ban

16. Red Lion v. FCC16. Red Lion v. FCC --

Gov’t can restrict broadcasts.Gov’t can restrict broadcasts.

17. Reno v. ACLU – 17. Reno v. ACLU –

1st Amendment applies to internet1st Amendment applies to internet

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3. Restrictions on 13. Restrictions on 1stst Amendments? Amendments?1) unprotected speech include: 1) unprotected speech include:

obscenity, defamatory speech, obscenity, defamatory speech, pornography, fighting words, pornography, fighting words, seditious speech. The PRess now seditious speech. The PRess now includes cable, faxes + e-mailsincludes cable, faxes + e-mails

2) Freedom of assembly restrictions: 2) Freedom of assembly restrictions:

lawful + nonviolent; order lawful + nonviolent; order maintained by time, place, manner; maintained by time, place, manner; precise, fairly administered and precise, fairly administered and content neutral.content neutral.

NO prvt property trespassing!NO prvt property trespassing!

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4. Accused rights4. Accused rights4th, 5th, 6th, 7th, 8th Amendments:4th, 5th, 6th, 7th, 8th Amendments:1). Original intent to protect rights from 1). Original intent to protect rights from

political arrests. Now it has expanded to political arrests. Now it has expanded to protecting rights of the “accused”. >>>protecting rights of the “accused”. >>>

2). Due Process (T- )2). Due Process (T- )a) To arrest or search for evidence MUST have: a) To arrest or search for evidence MUST have: (1)(1) Probable (Reasonable) Cause to arrest + Probable (Reasonable) Cause to arrest +

gather evidence-4th Amendment restrictsgather evidence-4th Amendment restricts unreasonable searches + Seizures + unreasonable searches + Seizures + Writ of Habeus CorpusWrit of Habeus Corpus

issued forbidding imprisonment w/o evidence issued forbidding imprisonment w/o evidence (Art 1)(Art 1)

(2)(2) Exclusionary rule- Exclusionary rule- Can illegally seized evidence be used against Can illegally seized evidence be used against

the accused? the accused?

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d) Questioning - no forced incriminations d) Questioning - no forced incriminations (5th) + no excessive bail(5th) + no excessive bail

(8th) (8th) 3) Prosecution ( or plea bargain) > Trial3) Prosecution ( or plea bargain) > TrialSpeedy trial w/ a jury Speedy trial w/ a jury (6th, Art III) + (6th, Art III) + no double jeopardy no double jeopardy (5th); (5th); confront witnesses confront witnesses (6th) (6th) 4) Verdict > Sentencing (if needed)4) Verdict > Sentencing (if needed)No cruel or unusual punishments No cruel or unusual punishments (8th)(8th)

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17. Mapp v. Ohio- 17. Mapp v. Ohio- Exclusionary rule holds for states Exclusionary rule holds for states

too.too.18. Miranda v. Arizona – 18. Miranda v. Arizona – Police questioning of suspectsPolice questioning of suspects19. Jacobson v. U.S.19. Jacobson v. U.S. - - IS IT OR IS IT NOT ENTRAPMENTIS IT OR IS IT NOT ENTRAPMENT20. Gideon v. Wainright- 20. Gideon v. Wainright- Felony charged defendants need Felony charged defendants need

counselcounsel

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21. Betts v. Brady – 21. Betts v. Brady –

Only Cap Punish defendants get counselOnly Cap Punish defendants get counsel

22. Fuhrman v. Georgia-22. Fuhrman v. Georgia-

Sentencing too random, but CP is OKSentencing too random, but CP is OK

23. Harmelin v. Michigan23. Harmelin v. Michigan

-severity isn’t necessarly cruel-severity isn’t necessarly cruel

24. Gregg v. Georgia-24. Gregg v. Georgia-

Cap Punish is severe, but not cruelCap Punish is severe, but not cruel

25. McGlesky v. Kemp-25. McGlesky v. Kemp-

Cap Pun does not violate 14th Amend Cap Pun does not violate 14th Amend

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26. Griswold v.Connecticut-26. Griswold v.Connecticut-Privacy issue over Birth control 9thPrivacy issue over Birth control 9th

27. Roe v. Wade-27. Roe v. Wade-Trimester ruling unleashed Trimester ruling unleashed

abortion issueabortion issue28. Webster v. Reproductive 28. Webster v. Reproductive

Health Services-Health Services-states can control who performs states can control who performs

abortions, i.,e. state employeesabortions, i.,e. state employees

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29. Rust v. Sullivan –29. Rust v. Sullivan –No fed funds for planning No fed funds for planning

abortionsabortions 30. Planned 30. Planned Parenthood v. Casey- abortions Parenthood v. Casey- abortions can be regulatedcan be regulated

31. Sternberg v. Carhart –31. Sternberg v. Carhart –partial birth abortion is legalpartial birth abortion is legal32. Cruzan v. Director, Missouri 32. Cruzan v. Director, Missouri

Dept of Health-Dept of Health-patients can refuse med patients can refuse med

treatment- informed suicidetreatment- informed suicide

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C. Civil Rights - C. Civil Rights - 1 Gov’t does not discriminate 1 Gov’t does not discriminate

against usagainst us

2 Gov’t protects us from 2 Gov’t protects us from interference by private individuals. interference by private individuals.

3. Framers referred to these rights 3. Framers referred to these rights as “NATURAL RIGHTS”, rights of all as “NATURAL RIGHTS”, rights of all people to dignity and worth.people to dignity and worth.

Today they are called Today they are called HUMAN HUMAN RIGHTS.RIGHTS.

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4. The opposite of affirmative action is . . . 4. The opposite of affirmative action is . . . Discrimination - denying access. Discrimination - denying access.

5. Equal Justice - not equal results or equal 5. Equal Justice - not equal results or equal rewards. . .the Constitution does NOT rewards. . .the Constitution does NOT intend to provide equal condition. . . just intend to provide equal condition. . . just equal opportunity - Life should get equal opportunity - Life should get better. better.

a)a) 1st mention of equality is 1st mention of equality is 14th Amendment - All will have “equal 14th Amendment - All will have “equal protection” unless there is a “compelling protection” unless there is a “compelling public interest” to discriminate. public interest” to discriminate.

b) Burden of proof is on the state. b) Burden of proof is on the state. THEREFORE . . . to right a past wrong, I THEREFORE . . . to right a past wrong, I may have to discriminate to RIGHT past may have to discriminate to RIGHT past ills for a period of time!ills for a period of time!

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Black IssuesBlack Issuesa. although the 13th Amendment prohibits . . . a. although the 13th Amendment prohibits . . .

slavery – 1865 Overturnedslavery – 1865 Overturned Dred Scott v. SanfordDred Scott v. Sanford

b. 14th Amendmentb. 14th Amendment Equal protection - 1868Equal protection - 1868

c. 15th Amendment – c. 15th Amendment – Right to vote (1870)Right to vote (1870)

e. Segregation and White Supremacy e. Segregation and White Supremacy prevailed. prevailed. Jim Crow Laws that preached a separate Jim Crow Laws that preached a separate society. society.

What court case established this behavior?What court case established this behavior?Plessy v. ferguson. Plessy v. ferguson. Separate but equal Separate but equal

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1) voting1) voting2) Housing2) Housing3) Job procurement3) Job procurement4) accessibility to public 4) accessibility to public

accommodationsaccommodationsf. What was formed in 1910?f. What was formed in 1910?NAACP. NAACP. (1) President Truman and (1) President Truman and

Eisenhower integrated the Eisenhower integrated the military and Fed Bureaucracymilitary and Fed Bureaucracy

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2) As Congress dragged its feet w/ a Southern 2) As Congress dragged its feet w/ a Southern Senatorial block, the executive and judicial Senatorial block, the executive and judicial branches responded.branches responded.

a)a) Brown v. Board of Education (1954) –Brown v. Board of Education (1954) –Ended segregation… Ended segregation… Segregation by law Segregation by law ““de jure segregation” was unconstitutional. de jure segregation” was unconstitutional.

But de But de factofacto segregationsegregation- - segregation by choice or reality- still segregation by choice or reality- still prevailed prevailed until until Swann v. Charlotte Mecklenburg Board Swann v. Charlotte Mecklenburg Board of Educationof Education 1971?. 1971?.

the SC ruled that schools will re-district to end the SC ruled that schools will re-district to end segregation via busing, a very unpopular segregation via busing, a very unpopular device to integrate.device to integrate.

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a)a) Da Vote - Voting Rights Act of 1965 Da Vote - Voting Rights Act of 1965 1) ended the means to effect sufferage. 1) ended the means to effect sufferage.

b) 24b) 24thth Amendment ended what? (3) Amendment ended what? (3) Poll taxes, White primaries, Poll taxes, White primaries, gerrymandered districts, all were gerrymandered districts, all were thrown out. thrown out.

c) This has also established “minority v. c) This has also established “minority v. majority districts that promoted majority districts that promoted minority electorates . . . What ct case minority electorates . . . What ct case ended that?ended that? but but Shaw v. Reno Shaw v. Reno and other cases has and other cases has condemned the design of districts condemned the design of districts using race as the predominant factor.using race as the predominant factor.

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Women’s issuesWomen’s issues1.1. Women in the work force has Women in the work force has

provided economic equality (by provided economic equality (by some measurements). Political some measurements). Political equality came with which equality came with which Amendment ?Amendment ?

2.2. 1919thth (1920) but ERA fell short in (1920) but ERA fell short in 1987.1987.

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Gender discrimination statusGender discrimination status1)1) Rational base test - Is it reasonable to have Rational base test - Is it reasonable to have

boys’ compete VS girls in hockey; The court boys’ compete VS girls in hockey; The court case?case?

Reed v. ReedReed v. Reed 1971 1st discrimination ruling 1971 1st discrimination ruling based on gender.based on gender.

2) Heightened/medium scrutiny- Important 2) Heightened/medium scrutiny- Important gov’t objectives exist for gender based law. gov’t objectives exist for gender based law.

Orr v. Orr.Orr v. Orr. Alimony only to women. . .NOTTT Alimony only to women. . .NOTTT 3) Strict Scrutiny standard. 3) Strict Scrutiny standard.

A Man gets the raise because he is the A Man gets the raise because he is the major wage earner, not the major wage earner, not the female. . .NOTTTTT. Fundamental rights are female. . .NOTTTTT. Fundamental rights are at issue here. . .at issue here. . .

4. What banned sex discrimination in hiring, 4. What banned sex discrimination in hiring, firing and compensation?firing and compensation? Civil Rights Act of ‘64 + ‘72 Civil Rights Act of ‘64 + ‘72

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Affirmative ActionAffirmative Action a. Results have provoked reverse a. Results have provoked reverse

discrimination charges – discrimination charges –

Regents of U of Calif v. Bakke Regents of U of Calif v. Bakke overruled Adarand v Pena. ???overruled Adarand v Pena. ???

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CR EssayCR Essay 2. The Supreme Court ruled in Barron v. 2. The Supreme Court ruled in Barron v.

Baltimore (1833) that the Bill of Rights did Baltimore (1833) that the Bill of Rights did not apply to the states. Explain how the not apply to the states. Explain how the Court has interpreted the Fourteenth Court has interpreted the Fourteenth Amendment to apply to the Bill of Rights Amendment to apply to the Bill of Rights to the states. In your answer, briefly to the states. In your answer, briefly discuss the Court’s decision in one of the discuss the Court’s decision in one of the following cases to support your following cases to support your explanation.explanation.

• • Gitlow v. New York (1925)Gitlow v. New York (1925) • • Wolf v. Colorado (1949)Wolf v. Colorado (1949) • • Gideon v. Wainwright (1963)Gideon v. Wainwright (1963)

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2. Many scholars and observers have argued that the 2. Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all Constitution has become the single most important act in all of United States politics.of United States politics.

a. Identify which provision of the Fourteenth Amendment a. Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme Court cases. was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the For the case you select, explain the significance of the decision in United States politics.decision in United States politics.

• • Brown v. Board of Education of Topeka, Kansas (1954)Brown v. Board of Education of Topeka, Kansas (1954) • • Baker v. Carr (1962)Baker v. Carr (1962) • • Regents of the University of California v. Bakke (1978)Regents of the University of California v. Bakke (1978) b. Identify which provision of the Fourteenth Amendment b. Identify which provision of the Fourteenth Amendment

was applied in one of the following Supreme Court cases. was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the For the case you select, explain the significance of the decision in United States politics.decision in United States politics.

• • Mapp v. Ohio (1961)Mapp v. Ohio (1961) • • Gideon v. Wainwright (1963)Gideon v. Wainwright (1963) • • Miranda v. Arizona (1966)Miranda v. Arizona (1966)

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CR essay #3CR essay #3 Since the 1950s, Congress has passed landmark Since the 1950s, Congress has passed landmark

legislation that has advanced the civil rights of its legislation that has advanced the civil rights of its citizens. Select two pieces of legislation below and citizens. Select two pieces of legislation below and with your knowledge of American politics, answer with your knowledge of American politics, answer the following.the following.

a. Identify a specific ethnic or minority group and a. Identify a specific ethnic or minority group and explain how it was impacted by this legislationexplain how it was impacted by this legislation

••The Twenty-fourth AmendmentThe Twenty-fourth Amendment • • Civil Rights Act of 1964Civil Rights Act of 1964 • • Title IX Higher Education Act (1972)Title IX Higher Education Act (1972) • • American with Disabilities Act of 1990American with Disabilities Act of 1990 b. Identify an ethnic or minority group that was b. Identify an ethnic or minority group that was

inversely affected by two of the pieces of legislation inversely affected by two of the pieces of legislation selected in (a) and explain how it impacted themselected in (a) and explain how it impacted them

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‘‘o5 essay exam Q’s o5 essay exam Q’s

1. Explain how each of the political 1. Explain how each of the political factors listed below make it difficult for factors listed below make it difficult for the federal government to enact public the federal government to enact public policy. policy. (01)(01)

Provide one example for each Provide one example for each explanation.explanation.

• • Divided governmentDivided government

• • Weak party disciplineWeak party discipline

• • Growth in the number of interest groups Growth in the number of interest groups and political action committees (PAC’s) and political action committees (PAC’s)

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2. Elections in the United States are 2. Elections in the United States are characterized by low voter turnout.characterized by low voter turnout.

a. Discuss two demographic a. Discuss two demographic characteristics associated with characteristics associated with nonvoting.nonvoting.

b. Discuss three institutional obstacles b. Discuss three institutional obstacles associated with nonvoting. associated with nonvoting. (98)(98)

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1. Citizen’s often choose to participate in 1. Citizen’s often choose to participate in the political process other than voting to the political process other than voting to increase one’s political efficacy. increase one’s political efficacy.

a. Define political efficacy.a. Define political efficacy.

b. Identify two forms of participation in the b. Identify two forms of participation in the political process other than voting.political process other than voting.

c. Explain two advantages of each form of c. Explain two advantages of each form of participation you identified in (a) that participation you identified in (a) that would increase one’s political efficacy. would increase one’s political efficacy.

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2. Presidents are generally thought to have 2. Presidents are generally thought to have advantages over Congress in conducting foreign advantages over Congress in conducting foreign policy because of formal and informal powers of policy because of formal and informal powers of the presidency. the presidency. (04)(04)

a. Identify two formal constitutional powers of the a. Identify two formal constitutional powers of the President in making foreign policy.President in making foreign policy.

b. Identify two formal constitutional powers of b. Identify two formal constitutional powers of Congress in making foreign policy.Congress in making foreign policy.

c. Identify two informal powers of the President that c. Identify two informal powers of the President that contribute to the President’s advantage over contribute to the President’s advantage over Congress in conducting foreign policy.Congress in conducting foreign policy.

d. Explain how each of the informal powers identified d. Explain how each of the informal powers identified in (c) contributes to the President’s advantage in (c) contributes to the President’s advantage over Congress in conducting foreign policy.over Congress in conducting foreign policy.

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1. Congress has often been criticized 1. Congress has often been criticized for how effective it is in exercising for how effective it is in exercising legislative oversight of the federal legislative oversight of the federal bureaucracy? bureaucracy? (99) (99)

a. Explain two specific methods a. Explain two specific methods Congress uses to exercise effective Congress uses to exercise effective oversight of the federal bureaucracy.oversight of the federal bureaucracy.

b. Give two specific explanations for b. Give two specific explanations for the failure of Congress to exercise the failure of Congress to exercise oversight of the federal bureaucracy. oversight of the federal bureaucracy.

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2. In the last half of the twentieth century, 2. In the last half of the twentieth century, voter turnout in federal elections has voter turnout in federal elections has declined. During the same period, voter declined. During the same period, voter turnout has been higher in presidential turnout has been higher in presidential elections than in midterm elections. elections than in midterm elections. (o2)(o2)

(a) Identify two factors that have contributed (a) Identify two factors that have contributed to the overall decline in turnout in federal to the overall decline in turnout in federal elections and explain how each factor has elections and explain how each factor has contributed to the overall decline.contributed to the overall decline.

b) Identify and explain two reasons why voter b) Identify and explain two reasons why voter turnout has been higher in presidential turnout has been higher in presidential elections than in midterm elections. elections than in midterm elections.

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Different interest groups will choose different techniques to Different interest groups will choose different techniques to achieve their objectives based on their resources, achieve their objectives based on their resources, characteristics and goals. characteristics and goals. (04)(04)

a. Describe each of the following techniques and a. Describe each of the following techniques and explain why an interest group would choose each explain why an interest group would choose each technique.technique.

* Litigation* Litigation* Campaign contributions* Campaign contributions* Grassroots lobbying/mass mobilization* Grassroots lobbying/mass mobilizationb. Select one of the following groups and identify the b. Select one of the following groups and identify the

primary technique it uses from the list in pat (a). primary technique it uses from the list in pat (a). Explain why the group you selected would Explain why the group you selected would employ that technique over the other two employ that technique over the other two techniques.techniques.

American Medical Association (AMA)American Medical Association (AMA) Sierra ClubSierra Club National Rifle Association (NRA)National Rifle Association (NRA) National Association for the Advancement of Colored National Association for the Advancement of Colored

People (NAACP)People (NAACP)

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Trust and confidence in government has declined in Trust and confidence in government has declined in recent decades. recent decades. (04)(04)

a. Explain how divided government has a. Explain how divided government has contributed to the decline in trust and contributed to the decline in trust and confidence in government. Be sure to confidence in government. Be sure to include a definition of divided government include a definition of divided government in your response.in your response.

b. Explain how the increased cost of election b. Explain how the increased cost of election campaigns has contributed to the decline in campaigns has contributed to the decline in trust and confidence in government.trust and confidence in government.

c. Explain two specific consequences of the c. Explain two specific consequences of the decline in trust and confidence in decline in trust and confidence in government for individual political behavior.government for individual political behavior.

Good Luck!!!Good Luck!!!

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