Transcript AP American Gov’t Review - Galena Park Independent

AP U.S. Gov’t Review
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A. Review coverage
I. Constitutional Underpinnings, Federalism,
Checks and Balances = 5-15%
II. Political Beliefs + behavior = 10-20%
III. Political Parties SIG + Mass Media = 1020%
IV. Institutions = 35-45%
V. Public Policy = 5-15%
VI. Civil Rights + Civil Liberties = 5-15%
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B. Exam Breakdown
60 MC questions – ½ of total score – 45 mins
II. Essays – 4 free response in 100 minutes
Each essay is worth 1/8 of total score . . .
Or a combined total of 50 % of total.
I.
Essays can cover either separate components
outlined previously or combine elements or
factors discussed in part A. See adjoining
sheet for possible themes or subject matter.
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Democracy:
Who really Governs?
(1) Pluralist theory –
competition among groups.
(2) Elite + Class Theory –
Class splits . . .Big Business rules!
(3) Hyperpluralism –
Groups divide gov’t, making it ineffective. . .
(4) Bureaucratic Theory
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C. Political theorists represent theories
Hume –
Human nature that man was evil. . .Gov’t by the many
with negotiation and compromise promoting a union +
eventually establishing a republic.
2. Hobbes –
one needs an inherited monarchy to promote the
legitimacy of gov’t. Absolutism rules. . .Self interest is
nat’l interest.
3. Locke –
1689 - social contract theory - Life, liberty and property
- Consent of the gov’t by Parliament( few) who had
a stake in society because it represented people of
property. . .poor people don’t lose much when life
deteriorates.
4. Rousseau –
Rule by all - a complete democracy -1.
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Rousseau
All
Hume
Locke
Hobbes
Many
Few
One
hyperpluralism pluralism Elite/class Absolute
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Power Distribution
1. Power can be distributed four ways in a
democracy:
(a) power elite - (Hobbes) - Representative
Democracy
(b) political elite- (Hobbes + Locke) Participatory democracy
(c) majoritarian rule- (Locke or Hume) Direct
Democracy
(d) Mob rule - Rousseau
2. What does one do with power? --Make Policy: - Actions of Gov’t.
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Revolution + the 1st Constitution
Articles of Confederation
A ). What could it do And worse. . .what couldn’t
it do. . .
What showed the AC’s true weaknesses?
Shay’s Rebellion
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New Jersey Plan offered what?
(= representation)
Virginia Plan which offered?
(proportional representation )
led to which agreement?
Connecticut Compromise: that offered:
US Senate ( 2 Senators per state) US
House - (Reps per population of state)
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South wanted all males counted?
Three-fifths compromise.
b. Who can vote –
Property owners vs. disenfranchised.
Who controlled elections?
Answer. States set election laws. Why?
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d. Individual rights
Constitution lacked in this area- although the
Constitution did mention six issues:
1) Writ of habeas corpus
2) bills of attainder
3) ex post facto laws
4) religious preferences to hold office
5) treasonous offenses
6) trial by jury
Bill of Rights was added to protect us from gov’t. .
.
a recollection of all the ills that the colonists
resided under British rule.
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Popular sovereignty? What is it?
Answer> ability to control one’s destiny
Checks + Balances? What is it?
Each branch oversees the other
Separation of Powers . . .
Who wrote the doctrine?
Montesqueiu. . .What does it mean?
Each branch has a certain function
What was the purpose of the B Of R?
Answer: Protect one from NATIONAL gov’t
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Ratification
States voted- -only needed ? states to ratify
(A of Confed needed ? approval to amend)
unanimous
Federalists v. Anti-feds fundamental liberties! Were the Bill of Rights
enough? States Rights: 10th Amendment
-
Who ratified the constitution?
State special conventions would ratify, not state
legislators
Federalist Papers: factions, factions,
factions
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9. “Changing” the ConstitutionAmendment Process
a. Formal process – 2 steps?
(1) proposal – Vote
2/3 of each Congress or National convention
(2) Ratification
- 3/4 of state leg or spec convention
(3) - 27 Amendments
b. informal processFederal court decisions - Marbury v. Madison
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FEDERALISM
Concurrent POWERS
shared power.
i.e. taxation, Safety
Reserved POWERS
states rule - local education control, local gov’ts,
professional licensing.
Who shall rule in conflict? – Where in the Constitution:
Art VI- Supremacy Clause - and Implied powers of
national gov’t upheld with . ..
McCullogh v. Maryland. Established the importance of
which clause?
“elastic clause” that gave the Congress (implied powers)
aka Necessary and Proper Clause
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FEDERALISM
If not stated- states have the rights - Which
Amendment? 10th
Commerce power – Court Case?
Gibbons v. Ogden . Interstate +
international commerce . Congress rules!
Full Faith and Credit clause –
One state’s validity carries over state
borders - i.e. marriage licences.
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From Dual to cooperative federalism
-
a. Education sets the stage for both the Feds + states to
work together in “fiscal harmony”
b. “Shared Costs” of Fiscal federalismc. Grant-In-Aid
Feds sell land to fund programs!
d. Categorical grants –
specific $$ for specific projec w/ strings attached. . .nondiscrimatory - Cross cutting requirements - Offenders
lose it all!
(1)Project grants –
competitive requests
(2) Formula grantDo you meet the formula. i.e. public housing,
employment programs
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e. Block grants –
social service endeavors w/ less strings
attached. SIGS pursue the $350 billion
f. Mandates –
Feds dictate specific guidelines. . .if don’t
comply, penalized or lose the funding. . .
Special ed, Disability Act, Clean Air.
Medicaid
g. unfunded mandates. . .
Laws w/o funding. . .
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II. Political Culture
How does one determine the socialization of
the American constituent?
1. Family
2. School
3. Media
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WHO establishes our political values
system. . .Who sets the agenda?
a. SIGS and Parties
b. Political institutions
c. Media “The New Parent”
d. family
e. Social Economic Stratification (SES) as one
grows older.
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America’s Demographics: Who are we?
1. Demographics . . . Deal with what?
a. gender
b. occupation
c. Race
d. religion
e. Socio-Economic Status
2. How does one determine demographics?
Census building - It will happen every 10 years. How does it impact
us “politically”?
a. Congressional apportionment / Electoral College
b. Redistricting
c. Block grant distribution
3) Minority/majority is influencing the great melting pot. by 2050 Whites will be only 52% of society
Who is the largest minority?
Hispanics
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GRAY POWER –
Baby boomers graying rapidly. How has this
impacted the political landscape?
Answer: they wish to collect their $5 trillion
in Social Security benefits! -Their SIGS possess clout - i,e,
AARP, others.
Entitlements!
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How does one gauge America’s
pulse?
POLLING1. Early 1950’s George Gallup “Polled” a microcosm of American
political thought . . . What scientific device?
- a Sample -the more “random” the better. . .????
everyone has a chance of being selected. . .
b) Biased samplestated preference
c) representative sample .
i.e. Democrats only
2. Samples are not perfect -- ???
sampling error . . .
1-5% error rate per 1,-000- 2,000 responses. . .The bigger the
sample. . . .the less the sampling error.
3. random-digit dialing speeds up the process!
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How do Polls assist politicians . . .
a.
b.
c.
d.
e.
detect public preferences. . .
Are their shifts in thinking . . .creating possible
“shifts” in policy making.
It has become the issue of selling policy instead
of possibly doing what’s right!
Avoiding compromises to appease radical shifts!.
Politicians love them when they agree with
them, they hate them when they disagree.
Bandwagon effects is . . .
jump on board. . .instead of doing what’s right!
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f. What is an Exit poll ?
QA voters after they vote. What’s wrong w/
them?
- Can control elections, East votes earlier
than west.
g. What is a push poll?
Answer: Opponent asks a negative Q late in
campaign and the contender doesn’t have time
to respond.
h. Polls can show 3 items. . .
relevancy, or salience of a topic + intensity
stability
direction. . .positive or negative
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Liberals + conservatives?
(a)
(b)
(c)
(d)
(e)
Size of gov’t?
Change?
Foreign Pol?
View of man
Order
Liberals
Conservatives
large
small
progressive status quo
Coalitions
Security
Can be cured
Evil, needs order
Relativism
discipline
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Reagan era shift to the right. . .Clinton era
shift to the left, then to the middle. .
.Bush era – Right . . . Politically. . .what
is this called?
Re-alignment of political ideology.
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D. Political participation: The many forms-How: 8 ways to participate.
1. Voting. Only 50% vote in nat’l elections. Voters see a
lack of political efficacy?
Answer: not being able to politically “effect” society
through the political process.
They have no influence. . . (T-19)
2. Join SIGS
3. Give $$$$ to SIGS thru PACS
4. Become a member of political elite
5. Contacting gov’t officials on a regular basis
6. Working on a campaign
7. civil disobedience
8. Violence
Who participates more?
higher SES participate more. . . and get more!
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E. Mass Media:
Fourth Estate (Mass Media) –Power originates . . .
2.
1st Amendment provides the incentive to report the
“News” which is . . . .
a timely occurence that “informs the public”.
3. What is a “Media Event. . .
Get your name or picture in print or on the tube! either
through “news” events or paid advertising!
Often Politicians “make” news to get on the news.
4. What is a “Spin Master”?
Person hired specifically to promote the image of the
candidate! i.e. Reagan era advice:
1.
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5. Competition in the media has forced them
to be much more aggressive and “bend”
the journalistic rules of using reliable
sources and the “sound bite” and great
images! What is a Sound bite?
Answer- Short clip of a dramatic statement
from the politician.
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6. Narrowcasting v. Broadcasting. . .
(focus on specific news or issues 24 hours a day) may
fulfill political junkies or spin issues out of control.
Or one can turn to the BLOGGERS . . .
7. Politicians can manipulate the press by sending up:
a.
trial balloons to see how the public will react to certain
issues. Then back off if the response is negative.
b.
both the political elites and the media dance to get
the upperhand. . .and both seek the advantage in
dispensing their agenda. . .
c.
The Press’ wishes to inform the masses. . . vs. the
politicians’ attempt to put it in a good light. . .
8. Undoubtedly, “coverage” impacts public opinion!
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11. 4 Mass media roles
a. Signaler
alert the public ASAP – 24/7 news
b. Agenda setting
Gatekeeper
c. Common Carrier role
Open channel from politician to constituent
d. Watch dog role
Protect the public from politicians.
There is tension between what two roles?
Common carrier and watch dog
More of a tendency to report bad . . .than a bias
tint.
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criticisms of the press
1.
2.
3.
4.
Not objective – Biases are prevalent
Only a few own a lot – the big 6
Sensational news more important than
the real news.
Selling image instead of the issues
E. Amassing public support
Special Interest groups (SIGS)
Purpose of
“influencing” the gov’t at all levels, all
branches. No gov’t stone shall be left
unturned!
-
Political parties goals are to:
“make” policy. . . SIGS goal is too:
Influence. . .
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Types of groups
Biggest:
1. Business or economic sector – heavily
funded.
2. Labor
3. Single issue
4. Public interest
5. Smallest
You if you can find a friend.
How Influence? Six strategies or techniques. . .
a. Provide data to Gov’t + agencies. Policy specialists ( Pol
parties are party generalists)
b. draft legislation via the Iron Triangle (issue) network of
SIGS
Gov’t agencies
Congressional subcommittees
c. lawsuits (amicus curiae, Friend of the court)
class action court cases.
d. education
e. Watchdogs of gov’t. . .
f. Lobbyists- “hired guns or political persuaders, whose job
is to promote the SIGS interests via. . .pressure
(garnering votes, + $$$$, idealists. )
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4. SUCCESSFUL SIGS:
What determines success?
a. size of the group . . .
(1) is it a “potential group”--a mixture (consumers) of many who “could”
belong,
(1) vs.an “actual group” of hard core (NRA)
followers.
(2) Potential groups (or large groups) suffer from?
“free-rider status”. i.e. all minimum wage
earners benefit from minimum wage increases.
. .so why work toward it. . .
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b. Intensity - Single issue groups - NRA,
NOW, Gun Control, abortion
c. $$$$ - As of 1974, corporations and
Unions can not directly fund political
campaigns. . .BUT Political Action
Committees (PACS) , the political arm of
SIGS, can fund candidates’ campaigns
w/ what type of money?

Hard $$$ NOOOOT Soft! Or via. . .
527’s
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Buckley v. Valeo?
extended $$$ to “indirect” financing (TV
ads)
Soft Money - 1980 - Can “earmark” funds to
a political party, unlimited contributions. . .
$400 million allocated in 2000 election to
Dems + Republicans.
Today soft money is not regulated.
Citizens United v. FEC
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d. Going Public. . .reaching out to influence
public opinion. . Ads sell! a great form of
propaganda!
Interest group participation is culmination
of political participatory activities.
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III. Political parties + elections
A. . US Parties typically been two-party - offering
American voters a choice. . .which is what
democracy is all about!
1. Historically - Federalists v. anti-federalists
evolved into Democrats v. Republicans although
3rd parties have popped up. What are the types
a. ideological - Socialists, Independents
b. Single issue - free soilers, Greenpeace
c. Economic protests - greenback party
d. splinter - Bull Moose . . .Which 3rd party was
“MOST” successful. . .
Bull Moose . . .How judge success?
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2. Republicans and Democrats have switched in ideological
dominance since 1800, referred to as . . .
Re-alignment.. . .
Since 1968, era of “one party runs the Exec Branch, the
other controls Congress . . .which could create legislative
gridlock. This is called:
“Divided gov’t. . .”
3. ALL parties promote same purpose: 6 purposes:
a. pick Candidates via a nomination
b. runs campaigns
c. establish an image. . .
d. articulate policies
e. coordinate policymaking
f. compete for votes
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Down’s Rational Choice theory states . .
centrist policies usually win. . .don’t drift
too far from moderate proposals.
2) Many voters have moved to the middle of
party identification >>> this is called
(1)
Moderation . Nope. . . How about
a dealignment of party ID.
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B. Party machines each ???? manages its own operation –
The states- decentralized and fragmented system.
1. What dominates - Patronage - Party regulars
become gov’t appointees.
2. Finding the right candidates takes parties
through “grass roots” democracy all the way
through campaigns until election day.
It seems to last foooooooor evvvvverrrrr!
a.
How does one come across a potential party
elite?
Be a party regular! and hold a public office at
some level - US Congressperson or state Guv
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
b. Goal of a President candidate running for the
candidacy?

Amass enough delegates at the nat’l convention to win the
NOMINATION! All 50 states run their own shows! How amass
delegates?
(1). caucus (12 states use this road) . . . What is it?
finds delegates for the next level. . . The town mtg.
First caucus?
IOWA and also begins platform development.
(2).Primaries
Electoral event that weeds out the candidates, not
parties. . .you can win w/o party endorsement.. .but it is
difficult
1968 McGovern-Fraser commission set rules for Dems:
- More Minority representation at DEM convention. But
- The super delegates . . . .
- Top Natl officials get delegate spots
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(a)
closed primary:
(1) only party faithful can vote
(b) Open primary:
You select which camp to vote in
(c) Blanket –
all parties run on one ballot. - Supreme Court said it was unconstitutional, violated basic
function of political party - to choose candidates Democratic party v. Jones.
(d) GOAL- you win the primary, so . . .
you get the number of delegates the state law allocates.
Some are proportional, some winner take all. . .
(e) Goal during campaign
>>>> get the BIG MOo o o o! which gives you??? 4M’s. .
(1) Momentum
(2) After all the primaries - tally up your delegates and a
majority gets you theAP. Gov't
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Majority vs. Plurality
Majority needs ____ of the vote.
Answer: 50+. . . .an example where one needs it
AN: electoral college . . .passing legislation
A plurality needs _____ of the vote
One more than all the others…. Example
Winning elections. . .
Winner take all means . . .
Win it and you get all the bennies
Proportional . . .
Divide up the pie based on the vote . . .Example
Some states use proportional to determine delegates in
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(3) $$$$$$$$ . . . Campaign donations flood
in. . .
(4) Media attention. . .Press wants to
promote a(n) . . . .
Horse race for the nomination.
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C. Nat’l convention
1. Nat’l convention – what happens here?
a) select presidential + VP candidates,
b) sets platform, endorses all party nominees for
other offices! Ho Hum (T-30)
2. National committee
3. national chairperson
4. Goal after nomination:
form enough coalitions ( of SIGS) to win the
election.
5. Campaign highway. Goal:
(a) dominate the media
(b) vanquish your opponent
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c. Spends lots of $$$
“money is the mother’s milk of politics”
(1) What was established in 1974 following H20GATE
scandal to control flow of money to parties?
FEC . . .what does it do?
•gives public financing to candidates.
•limits presidential candidates expenditures to $80
million per candidate
• requires disclosure of all expenses.
• limits an individual’s candidate’s contributions to
$2,300.
•PACs can spend “unlimited amounts”. . .ct case?
(Buckley v. Valeo) indirectly until 2002. This was
called?
soft money. Now Citizens’ United v. FEC
•
-Voluntary contributions
6. Today- many constituents are pulling away from party
ID’s -- dealignment- - and this is leading to:
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Recent 3rd Party Players?
1. Ralph Nader . . .stole some of Al Gore’s left wing
thunder in 2000 election. . .It was that close!
and . . .
2. Ross Perot took away George Bush Sr’s thunder
in 1992 when Bill Clinton won.
In the ’04/08 elections, were 3rd parties an issue?
c. Third parties have an uphill fight. . .
(1) Single member plurality voting system (winner
take all) system favors two parties. . .
(2) Two Big Parties have organization. . .
(3) Two big parties make rules.
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E. Elections
Legitimizing the political process
1. Elections provide for:
a. Institutionalizing the political process. All forms
of political participation can end here ..,
2. 2000 Election was one of a kind. . . Because . .
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a. US Supreme Ct ruled in Bush v. Gore that:
although a recount was legal, the same
procedure had to be used in ALL counties,
not only those in question. . .
AND there was not enough time to accomplish
that mission B4 December 12, when the
electoral college was to meet. . .soooooo Bush
won Florida and w/ 271 electoral votes to Gore’s
269. . . So why the controversy???
b. only the 4th time the winner of the popular vote
lost an election.
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Getting Citizens to vote
Sufferage an issue in three constitutional
amendments:
15th, 19th, 26th. You’re 18.
you can vote. . .but too many don’t. 51% in
2000 election. . High 50’s in ’04.
Only 30%+ in off year voting. Many more
appeared in 04. MN leads in voter turnout.
2. Who does vote: Six characteristics:
a. Old b. high SES c. Educated
d. Gender
e. Married f. union membership
1.
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Who doesn’t or can’t vote? WHY?
1.
2.
3.
4.
5.
6.
Not old enough
Non-citizen
Felons
Too busy
Lack political efficacy
Not registered.
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IV. Congress + Budget
The Independent Politician
Why are congressperson so independent? 4 reasons. . .
1.
Congresspersons (represent themselves and/or
constituents. . .not political parties
2.
They do NOT have to support the “gov’t” in
power. . .they are “separate”, but equal partners
in the political system.
3. A vote against the Gov’t, does not bring about a
collapse of gov’t, i.e. GB, Italy, France, Germany.
US Gov’t continues day to day operations even
w/ gridlock. . .
4. Pol parties do NOT control nominations for office,
so they cannot control . . .
how a legislator votes on legislation.
A.
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B. Congressional powers
1. Powers: initiate, modify, approve or reject legislation in
a variety of political arenas,
2. + they share supervision of administrative agencies . . .
3. build consensus among legislators + constituents.
4. educate
5. oversees bureaucracy
4) investigates
5) House-initiates $$$ bills;
6. Senate-confirms, ratifies executive decisions
a) Art.1 sect 8, clauses 1-17 expressed powers; clause 18implied powers (raise troops). This is called>>>
Necessary + proper clause – the court case is >>>
b) McCullogh v. Maryland
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c) Gibbons v. Ogden – gave us >>>
Commerce Clause –
states can’t interfere w/ Congr
attempt to regulate interstate
commerce!
This led to what legislation in the
1960s?
civil rights legislation
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C. Constitutional Requirements
Age
Citizen
Residency
Native Born
Members
Occupation
Women
House
Senate
25
30
7
Yes
(district)
9
Yes
State
No
No
435
Business
Law
78?
100
Law
Business
14?
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1. Congressional goalGet elected-- Stay elected!
Incumbency -- What is it?
1) As party power declines. . .legislators bear
more of the burden to getting re-elected.
2. Safe districts prevail-?
90% of reps in the 1980’s got re-elected by 60%
of the vote. 50% for senators. Marginal districts
claim only 55% or less of the votes. In 2004
election, 90% of incumbents got re-elected.
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d) What makes an incumbent so
invincible?
1) + visibility -- contacting the constituents. . .somehow i.e.
travel home, franking, getting on the news
2) Casework-constituent service.
3) Pork-barrel legislation-log-rolling
4) position taking - meeting roll call votes.
5) weak opponents - who lack the cash flow. opponents miss
out on #1 + #2 above
6) franking
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e. How are incumbents vulnerable?
(1) Scandals
(2) re-apportionment
(3) gerrymandering - drawing districts to favor one
party over another. State issue.
(4) Majority-Minority districts gives minorities
advantage in electing minorities.
What court case made majority/minority
unconstitutional .
Shaw v. Reno however, Supreme Ct claimed redistricting in North Carolina was
unconstitutional
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Making policy
A collection of generalists making policy on specific
topics.
If one needs to know how to vote on a bill. . .who do
you ask ?
1. House a)–Who is the traffic cop on legislation?
House Rules Committee controls the flow of
bills - establishes a “rule” for each bill which
schedules it.
b) Leadership – Who is the top person?
Speaker - only office mandated by the
Constitution – Who selects?
c)Party Caucus(a)) Presides over the House ((b))
Committee assignments influence
((c)) appoints Rules Committee members
((d)) Influences bill assignments to Committee
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Senate
a. leadership
1) Vice President - President of the
Senate
Significant power?
but he can break a tie vote. . .and
it happens
2) Majority Leader - selected by
Whom?
Congressional Party caucus. 3)Minority Leader –
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Committees– what types?
legislation and Oversight
a. Standing Committees
separate subject matter committees
b Joint Committees –
Hse + senate share membership i.e.
taxation
c. Conference committees –
Two bills need one explanation- Both
houses compromise here.
d. select committees –
for specific reason
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e. committees also perform >>>
oversight if and when a bill ever becomes
law.
f. Committee chairpersons – How selected?
Party caucus. Seniority prevails but
majority caucuses now can choose
chairpersons. What do they do?
Manage legislation thru bill making
process.
g. Caucuses v. party leadershiplegislators ban together under ideological
flag: Black caucus, pro-life, pro-choice,
gun control
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Bill >>>> LAW
Who can introduce a Bill:
Only a member of Congress
2. Speaker or Sen Majority leader does what?
titles it + numbers it.
3. Off to Committee action Subcommittee >>>>
1.
a.
schedule hearings, Revise it, approve it, kill it
b. Committee >>>>
schedules hearings, Revise it, approve it,
kill it
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c. House - Rules committee –
Schedules Housse rules for floor action
1) closed rule –
limits debate, amendments
2) open rule –
amendments allowed
3) restrictive rule –
selective amendments
4) A discharge petition???
can avoid “Rules”. Speaker can initiate
5) Suspend the “Rules” . . .
To floor for vote.
d. Senate –Who schedules debate?
House Majority leader. .
OOPS– Senate Majority leader.
Amendments are open for any cause.
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3. Floor action
a. Committee of the Whole – Where found?
a.
Hse - (100 or more members) can debate bills. No
“riders” can be added. . .
b. Quorum call –
218 House members needed to vote. . .majority
passes legislation
c. Senate can add What to legislation?
riders
4. If Senate and/or House disagree, Bill goes to:
Select committee . . .
Oops – conference committee
5. Full House + Full Senate vote on conference
committee version -6. To President for signature or his veto
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Passing Legislation?
1. Appeasing the “Chief Legislator
2. Party influence - 50% of the time
legislators will vote party line. . . Hse
partisanship is stronger than the Senate.
3. Who do legislators attempt to please?
Constituency support - legislators are seen
as “trustees” and instructed delegates =
politicos,
4. Who else do Reps appease?
SIGS + lobbyists - Been restricted by
Congress in reporting who they represent
and how much they spend. . ..
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The Federal Budget.
The annual assessment of gov’t expenditures + assets
Budget
a.
Gov’t collects $$$ via and spends it via
expenditures. If tax allocations are higher. . .it’s
a(n)
entitlement . . .
OOPS – Surplus
b. if expenses are higher. . .it’s a . . .
deficit >>> Add them up it’s
national debt
1.
c. a $11.2 trillion dollar shortfall. . .of which 10% of
the current budget pays JUST the INTEREST.
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2. Federal income:
(1) #1 source
Income tax – which Amendment:
16th power to tax people via the IRS - 50%
(2) Corporate tax- 10%
(3) Social Insurance - FICA - 33%
(4) Borrowing - Debt load - shifts burden to future
tax payers. Provokes thoughts of a “balanced
budget amendment” w/ certain provisions.
(5) Lost Federal income-?
Fed tax “loopholes” the Grand DEDUCTION: -Tax BREAKS! TAX
Expenditures
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3. Federal expenditures top 3:
Uncontrollable expenditures - 2/3 of the budget
entitlements - You qualify, you get them, no
matter what the cost to the gov’t, even if all the
funds are depleted. . .
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Where does the budget process
Begin:
1. Federal agencies submit their requests to
OMB. . . Who consolidate requests and
then gives them to the president who then
2. Puts together the budget and delivers it
via State Of The Union .
3. Congress then holds hearings w/ the
standing committees and finally approves
the . . .
4. 13 Appropriations bills. President signs it!
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Budget Reform
Instead of just thinking we will only spend so much,
Congress has established reforms to improve the
process --1974 Act
(a) Fixed budget calendar
(b) budget committee
(c) CBO
(d) 1974 Reforms - budget resolution established
in April sets the bottom line
(1) budget reconciliation- change appropriations to
reflect proposed savings
(2) authorization bill ????
sets program spending limits.
(3) Appropriations bill –????? Show me the $$$$
funds programs based on an authorization bill.
Can’t go higher, but can give lower amounts.
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Social Policy
What are the two types of social welfare?
1) Social Insurance. . .
a. Transfer payments:
Benefits given by the gov’t to individuals
b. Cash pay outs –i.e. Social security
payments; Entitlements- also referred to as
social insurance programs- you pay, you
play! Also Unemployment Insurance
2) In-kind transfers – food stamps, low interest
college loans.
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2. Public assistance program:
Funded by tax revenues and available only to
the “needy” through a “means test”?
One must prove they need “welfare”.
TANF (Temporary Assistance for Needy
Families (formerly AFDC) that was put in place
by the 1996 Welfare to Work Act
1)) Five year welfare status.
2))Must find work w/in two years
3)) unmarried teen mothers must stay in school
and live w/ parent or guardian
4)) Mothers must ID deliquent fathers
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a. Which program does the public view
more favorably: Means tested or social
insurance programs? Why?
Answer: Social insurance programs are
entitled because you pay into it.
Means tested are often viewed as “throwing
$$$ at a problem, not necessarily fixing
the problem.
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Education works . . .BUT . . .
Enforcement is difficult w/ the caseload
and the thought of reducing gov’t costs.
b. Education . . .
the Horatio Alger approach of bettering
oneself through school is a popular. .
.and expensive notion.
Fact: the quality of education depends
significantly on the wealth of the
community in which a child resides.
a.
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. Largest state budget allocation is education. . .but
Parents want results:
School choice. . .let schools compete
Voucher system:
Court ruled states can give parents vouchers for private
access to schools >>>
Zelman v. Simmons-Harris (02)
3) Purpose of NCLB . . .
Integrate public schools via busing
Nope that was Mecklenburg . . .
Set Nat’l standards for math + reading
4) Race To The Top…
President Obama’s Education Initiative
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Congress Essay
2. Political scientists often note that “Congress is too
responsive to constituents, and, especially to
organized interests. . .” while others argue that
Congress is too insulated from ordinary citizens.
a. Identify an organized interest and explain what
characteristics the interest may possess so
Congress would address its needs.
b. Describe how Congress can “insulate” itself from
its constituents and provide an example to
support your claim.
c. Explain how Congress can overcome organized
interests and better meet the needs of its
constituents
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V. President + Bureaucracy
Which Article sets the stage for “Executive Power to be Vested in a
president. .
II.
So What does Art VI do?
Supremacy Clause
II.
1. Constitutional Requirements
(a) 35 or older
(b) natural born
(c) 14 years of residency
(d) term limits ? Which amendment?
22. amendment-2 terms plus2)
(e) disability of president turns to . . .
to 25th amendment + succession process. A new
non-elected VP needs approval from both houses.
(f) popularly elected, sometimes (accidential presidents)
Not elected by the populace . . .
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Formal Powers
Domestic
1) Power of the purse. . .
1) Chief legislator-State of the Union, advises,
approves or veto’s legislation
2) Chief executive . . .
3) Administrative powers - enforce the laws, select
gov’t officials (w/Senate approval); run the
bureaucracy via “Executive Orders”. “Take
Care” clause of Article II.
4) Judicial powers - reprieves, pardons, commute
federal felons; nominate federal judges w/
Senate majority confirmation.
a.
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Formal Foreign policy powers
1) National Security
a) commander in chief
b) Head of State (receives ambassadors and
other heads of state)
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Informal powers
a. presidential precedent (Washington
turning to a cabinet for advice)
b. Actions of Congress –
giving president power i.e. 1965 Gulf of
Tonkin Resolution v. War Powers Act.
c. Media’s use of the Bully Pulpit. Prez goes
directly to the people. i.e. Clinton in ‘97
budget freeze. . .Congress lost that
battle.
d. Executive Orders . . . Can be formal or
informal
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Executive Branch
1. VP is a heart beat away. . . His/her qualifications?
a. Same constitutional requirements as president.
b. Political professional, eases one into the congressional
gridlock.
c. faithful follower which might deter his own presidential
ambitions. i.e., Bush + Gore.
d. Which amendment changed how VP was selected?
12th
2. Cabinet positions -- How many
-14 secretaries and the AG
All must be confirmed by the
. . . Senate.
a. Responsibilities- execute presidential and congressional
b. Requirements- President supporters, usually partisan
selections,
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Executive Office of the Prez
What is its function?
More advisors for domestic and foreign policy. In
theory partisan, in reality, civil servants who stay
as presidents move on.
Office heads appointed + confirmed by Senate
a. NSC - crisis mg’ment- liaison to military, CIA
b. CEA - economic trend management
c. OMB- presidential budget oversight; watches
Congress and the Bureaucracy
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White House Office
Partisan followers whose sole function is to
support the president.
If not, find another job. West Wing
residents whose purpose is to oversee the
political and policy interests of the
presidentno Senate confirm here!
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President Powers
How get others to follow 1. Act of Persuasion - Constitution is vague on
what the PRESident can do. . .so great leaders
get creative -a. Powers enhanced by:
1) national constituency 2) ceremonial head of state - and party, at least in
first term. This can erode quickly if one’s party
deserts you and others compete in the primaries
against you! It’s tough to beat an incumbent!
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Who does the President have to
appease?
a. DC political pundits - can one do the job? Can
one possess power- (charismatic leadership)
One gets 100 days to show your stuff! Make it
count because the “honeymoon is over.”
b. partisan grassroots- Chief of Party- Be a good
Republican.
c. Joe Public- Use the polls to your advantage. TV
spots are what you make them. When you are
hot, your legislation flows, your fellow party
people get re-elected. (coat-tail effect)
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Chief legislator
in name only. . . the power is shared with Congress
a. Advises- 4 ways
(1) shapes policy (2) consults Congress (3) bargains
(4) appeals to partisans (friends to the party)
b. Disapprovals
Veto - It takes ____ of Hse + Sen to override. –
2/3 of congress to override
___ day limit or its law. Overrides seldom happen
Pocket veto –
Congress adjourns; After 10 days it fails
b) line-item veto- State guvs can eliminate portions of a bill .
. . ‘96 Congress approved and President agreed for an
“enhanced rescission” of legislation. President had 5 days
to “line-out” legislation. BUT Supreme Ct ruled it
unconstitutional (Clinton v. City of NY)
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Party
and the Presidential Agenda . .
1.) party support - 2/3 of the time party discipline
prevails. But lack of consensus on policies and
diversity of constituents hurts.
Congresspersons follow constituents first. . .
2). Off year elections are not popular for Prez’s
except for Clinton in ’98 + GW in ’02. In ’06
history prevailed.
3). Public approval gives leverage, not
commanding influence. “Going Public”
4). Does one pursue a number of issues (Clinton)
or just three or four (Reagan)
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Foreign Policy
Some created by one’s agenda. . .some inherited
by past presidents.
Some domestic, some foreign. Factors that
influence decision making:
1. Chief Diplomat
a) extend + terminate diplomatic recognition
b) Negotiate treaties w/ . . .
2/3rd Senate confirm.
c) executive agreementsd) initiate nuclear war, the President’s call.
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2. Commander in Chief- Cold WAR V. HOT WAR
Global military reach- Going to war w/o
declaring war - police actions Korea+Vietnam, Panama, Grenada, Iraq
Foreign policy history:
a) Isolationism – Monroe Doctrine established the
“homefront” – The America’s
b) WWI we went “Over there” + Prez Wilson
wanted involvement in a “League of Nations.
Senate said no.
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c)) WWII + Cold War – Defeated Japan +
Germany and a power vacuum occurred that the
USSR wished to fill.
1)) Containment policy vs. USSR’s Communist
Expansion. . .Greece, Korea, Vietnam, Western
Europe. NATO vs. Warsaw Pact.
Also McCarthyism raging at home to thwart
commie infiltration.
d)) Era of Détente – Lessoning of tensions. . .denuke in the 70’s after the 60’s madness.
e)) Ray Gun’s Star wars initiative“broke” the
Soviets. Or was it the Afganistan invasion of 81
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f) USSR crumbles. . .China views a mixed
economy. Eastern Europe throws off the yoke of
Communism. USSR is liberated. The wall falls
1989
g) Terrorism is the next target. . .
1) Kuwait + the multi-lateral coalition vs. IRAQ
2) Unilateral theory of Bush 43 to finish off
Iraq + pursue the “Axis of Evil”. Any one
who “harbors” or protects terrorists are
against us.
3) What is the difference between multilateral
and unilateral?
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3 Instruments of Foreign policy
1. Economic – sanctions, embargos, trade. .
.Globalization prevails . . .
2. Military – conventional – unconventional- MAD
scenarios
3. Coalition building
a. UN, CENTO, SEATO, OAS, EU
b. Multi-national Corporations
4. The Players
a. President + his major players – Defense,
State, NSC
b. Congress
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War Powers Resolution of 1973
1) President can dispatch troops for 60 days
w/o Congressional approval. . .then
2) War Powers resolution - Congress must
allocate funds or troops are coming home.
Gulf War Congress issued a resolution in
support . . . same in war on terrorism.
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1. Domestically
(a) President can “VETO” legislation
(b) Congress can also prevent Presidential “actions” –
LEGISLATIVE VETO – President can’t put actions into
place until a 30-90 day waiting period. . .Congress
submits a “resolution” to deny the Presidential action. . .
(1) SC (Chadha case ) ruled it unconstitutional,
Congress passes laws, Prez signs them into LAW. . .
(2) But Congress still uses the LEG VETO as a threat to
control the bureaucracy!
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(c) Congress can pull back funding if Prez
doesn’t spend the allocation. . . . What is that
called?
 Impoundment of funds. . (1) Budget Reform
ACT of 1974. . .Does the Prez have to spend all
he gets. . .He can’t spend what he doesn’t get!!!
2. Foreign Policy
(a) War Powers Act 1973 – MUST notify Congress.
. .but does he need their approval????

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Impeachment
Reason –
House may charge the president, by majority vote, for
“Treason, Bribery, or other high Crimes and
Misdemeanors. Submit Articles of Impeachment to the
2. Senate,
which holds the trial with the Chief Justice and
presiding judge. 2/3 of Senate votes to convict. .
.That’s a supermajority vote.
3. Two Presidents have been impeached,
NONE
convicted. Johnson, + Clinton. . . Nixon resigned B4
trial.
1.
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Federal Burocracy
Federal Civil Service -- powerless patronage
- it’s what you can do (merit principle) instead
of who you know( the spoils system)
a.
In 1883 this established federal civil service
b.
Pendelton Civil Service Actb. What prohibits civil servants from becoming
political activists while working?
Hatch Act- Prohibits Political Activism
c. Who hires and fires.
Office of Personnel Management (OPM)
1.
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Bureaucracy organization
Bureaucracies follow what model. . .
Weberian Model – What makes it so unique?
1) Hierarchy
2) task specialization
3) merit base – not patronage. An assassins bullet changed the system.
4) Impartiality
5) A culture – “This is how it is done here” type of attitude.
b. Acquisitive/Monopolistic
1) Maximize one’s budget2) Only show on the block - monopoly
3) fear of privatization
c. Garbage can - Buy something and then find a use for it.
Solutions are in search of problems.
d. American bureaucracies share each of the above theories in administering to
the needs of the American people.
a.
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Federal Hierarchy
a. Cabinet Departments- 15 of those - although
some have been in jeopardy - i.e. What does
“the Commerce” department do? Interior
b. Regulatory Agencies –
affect economy by making and enforcing rules
designed to protect the public interest. Munn v.
Illinois (1877) ICC followed in 1887 to
regulate RR’s
Small commission oversees agency. Appointed by
president, confirmed by Senate for fixed terms Oust via Just Cause!
SIGS attempt to impact Regulatory agencies!
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Independent Regulatory
Agencies
1) The Fed (Federal reserve Board)Regulates $$$ supply > interest rates.
2) NLRB (Nat’l Labor Relations Board)
3) FCC - licensing and managing the HUGE
TV, telephone, internet; with some
success.
4) FTC - monopoly watch - ad accuracy
5) SEC - police stock market.
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Gov’t Corporations
like prv’t corps. Provide services and charge for
them
1) TVA
2) US Post Office - the largest corp.
3) Amtrak
Independent Executive Agencies - all the rest.
Chiefs appointed by the president
1) GSA – General Service Administration
2) NSF - Nat’l Science Foundation
3) NASA AP Gov't Review
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Policy implementation
Congressional laws + Presidential orders +
Bureaucratic discretion + Judicial decisions =
Policy
a) Assign (new or old) agency the task.
b) Set up operational rules and develop
guidelines
c) Coordinate resources and personnel.
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Problems and Pathologies
Waste
2) Duplication
3) lack of clarity in the idea - i.e. Title IX equality
for men and women sports. What does “equal”
mean? law states “reasonable provisions” to
provide equality. . .What is “reasonable”?
4) lack of resources - - AIDS prevention, INS
problems, DOE auditting, FAA and IRS are
undermanned. FDA and drug testing.
5) SOP’s + red tape
1)
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Controlling the Bureaucracy
a. Presidential
1) Appointments
2) issue executive orders
3) Budget squeezes
4) Re-organize (deregulation move)
b. Congress
1) influence appointments
2) budget influence
3) hold hearings
4) rewrite legislation
5) Let the private sector do it- deregulate!
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V. Judicial / Civil Lib + Civil Rights
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Constitutional courts 1) Judiciary Act of 1789 creates district
courts
a) These cts have . . . ? jurisdiction
original jurisdiction
b) only ct’s to hold trials w/ juries (only
3% end in ruling, the rest are plea
bargained)
c) Who selects these judges + how?
Answer: president thru confirmation
process
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2) Ct of International trade
3) Court of Appeals (Circuit Courts)
a) Jurisdiction?
appellate jurisdiction
b) How many districts
12 districts
c) Function:
correct mistakes made in district
courts
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4) Supreme Ct Jurisdiction?
original and appellate jurisdiction
b) # of justices
9
c) Types of cases?
Constitutional issues
5. Other courts:
Special courts + legislative courts
(set up to deal w/ powers of
Congress)
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d. Jurisdiction
1) original –
trial starts here. 90% end here
2) appellate –
adverse decision from lower ct. or
highest state supreme ct sends it up
to US Supreme Ct.
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e. Judge portfolio
1) How are federal judges selected?
Presidential appointment w/ Senate 2/3
vote to confirm
1) Senatorial courtesy –
home state senator can immediately VETO
a confirmation w/o discussion.
2) Term –
Lifetime appointments for all fed judges.
Why is that so special?
Can enhance a president’s legacy
3) impeachment
Yes - (7 in US history) is available for
“unacceptable” behavior.
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4) Judge must meet the “litmus test”? - ideological purity is critical
What make appointments more difficult?
Divided Gov’t makes it more difficult to
select and confirm judges.
5) Confirmation could go badly if:
a) you have the minority party in Senate
b) Pres is in the late term selections
c) Judge has ethics violations, can nix
nomination. i.e. Clarence Thomas
survived, Robert Bork did not.
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f. Qualifications
1) Most are Lawyers
2) White males have dominated the
court but…
3) Party favorites - only 13 of 108 SC
judges non-partisan selections. 90%
partisan selections.
4) IDEOLOGY is the KEY factor
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g. Case work
What gives the Courts their power over Leg + Executive
decisions?
Judicial review gives fed cts power to “hear” federal
questions and overrule Leg + Exec branches -- overturned
100 rulings
The court case?
Marbury v. Madison 1803 provided right of Judicial Review. .
Rule of 4
Of 7500 cases + they select about about 100.
Solicitor General
assists in Appellate ct case load possibilities. . .
a) writ of mandamus –
Court demands ACTION
b) writ of certiorariCertificate FROM SC requesting a case be sent up.
c) Writ of Habeas Corpus –
Jailers must explain why holding a suspect.
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Deliberations + opinions
Chief justice delegates authority to writing WHY we (the SC)
voted. Only 1/3 of decisions have been unanimous.
a)
concurring –
We agree and here is why
OR-could stress a “different” constitutional or legal
foundation for the opinion
b) dissenting –
we disagree
c) stare decisis –
decision stands d) How many judges does one need to vote?
SIX judges to vote –
How many to decide a case?
MAJORITY. Tie votes retains lower Ct decision.
Need five votes to set a . . .
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Most liberal court?
Warren Court set “liberal precedents in
education, civil liberties, reapportionment, 1960’s
b) Burger Court (a Minnesotan selected by
Nixon was more conservative although it
set precedent w/ Wade v. Roe.
c) Rehnquist Court - limited rights
established by Warren Ct, not reversed;
affirmative action policies severely
scrutinized.
a)
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C. Civil Rights 1 Gov’t does not discriminate against
us
2 Gov’t protects us from interference
by private individuals.
3. Framers referred to these rights as
“NATURAL RIGHTS”, rights of all
people to dignity and worth.
Today they are called HUMAN RIGHTS.
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a) 1st mention of equality is
14th Amendment - All will have “equal
protection” unless there is a “compelling
public interest” to discriminate.
b) Burden of proof is on the state.
THEREFORE . . . to right a past wrong, I
may have to discriminate to RIGHT past
ills for a period of time!
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Race issues
a. although the 13th Amendment prohibits . . .
slavery – 1865 Overturned
Dred Scott v. Sanford
b. 14th Amendment
Equal protection - 1868
c. 15th Amendment –
Right to vote (1870)
e. Segregation and White Supremacy prevailed.
Jim Crow Laws that preached a separate society.
What court case established this behavior?
Plessy v. ferguson.
Separate but equal
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1) voting
2) Housing
3) Job procurement
4) accessibility to public
accommodations
f. What was formed in 1910?
NAACP.
(1) President Truman and Eisenhower
integrated the military and Fed
Bureaucracy
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2) As Congress dragged its feet w/ a Southern
Senatorial block, the executive and judicial
branches responded.
a)
Brown v. Board of Education (1954) –
Ended segregation…
Segregation by law
“de jure segregation” was unconstitutional. But
de facto segregationsegregation by choice or reality- still prevailed
until Swann v. Charlotte Mecklenburg Board of
Education 1971?.
the SC ruled that schools will re-district to end
segregation via busing, a very unpopular device
to integrate.
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Voting Rights Act of 1965
b) b) 24th Amendment ended what? (3)
Poll taxes, White primaries,
gerrymandered districts, all were thrown
out.
c) This has also established
“minority/majority districts that promoted
minority electorates . . . What ct case
ended that?
but Shaw v. Reno and other cases has
condemned the design of districts using
race as the predominant factor.
a)
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Women’s issues
1.
2.
Women in the work force have
provided economic equality (by
some measurements). Political
equality came with which
Amendment ?
19th (1920) but ERA fell short in
1987.
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Gender discrimination status
Rational base test - Is it reasonable to have boys’
compete VS girls in hockey; The court case?
Reed v. Reed 1971 1st discrimination ruling
based on gender.
2) Heightened/medium scrutiny- Important gov’t
objectives exist for gender based law.
Orr v. Orr. Alimony only to women.
3) Strict Scrutiny standard.
A Man gets the raise because he is the major
wage earner, not the female. Fundamental rights
are at issue here. . .
4. What banned sex discrimination in hiring, firing
and compensation?
Civil Rights Act of ‘64 + ‘72
1)
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Affirmative Action

a. Results have provoked reverse
discrimination charges –
Regents of U of Calif v. Bakke
overruled Adarand v Pena.
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Good Luck!!!
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