Post on 04-Jan-2016
Happy Birthday James Madison!
March 16, 1751(died June 28, 1836)
1
Happy Birthday James Madison!
“Father of the Constitution” Co-Author of the Federalist Papers Proposed the Bill of Rights (1789) Fourth President of the United
States
2
Acronyms SCOTUS POTUS CBO GAO OMB EPA FED ADA PAC
3
Answers SCOTUS – Supreme Court of the United
States POTUS – President of the United States CBO – Congressional Budget Office GAO – General Accounting Office OMB – Office of Management & Budget EPA – Environmental Protection Agency FED – Federal Reserve Board of Governors ADA – American with Disabilities Act
(1990) PAC – Political Action Committee 4
2/32/3
Override presidential veto in both Override presidential veto in both houses of Congresshouses of Congress
Senate approval of a treatySenate approval of a treaty Impeachment trial in the SenateImpeachment trial in the Senate Proposal for a Constitutional Proposal for a Constitutional
Amendment in both houses of Amendment in both houses of CongressCongress
Proposal for a Constitutional Proposal for a Constitutional Amendment in national conventionAmendment in national convention
5
Where did we begin?
English heritage Magna Carta (1215) Habeas Corpus (1679) English Bill of Rights (1689) Enlightenment – Locke, Hobbes,
Montesquieu, Rousseau Social contract theory dismissed divine rule of kings
5 basic principles (ideas) in the Declaration of
Independence all men created equal endowed with unalienable rights purpose of gov’t = security of
rights just powers of gov’t by consent right to alter or abolish when
gov’t becomes destructive of these ends
Articles of Confederation National government could not levy taxes National government could not levy taxes
from statesfrom states No national armyNo national army No control over trade (domestic of foreign)No control over trade (domestic of foreign) No federal supremacyNo federal supremacy No Supreme CourtNo Supreme Court No ExecutiveNo Executive Amendments required unanimous voteAmendments required unanimous vote Pass national laws – 9/13 votePass national laws – 9/13 vote *1781-1787 (*technically since Second *1781-1787 (*technically since Second
Continental Congress, 1776 -)Continental Congress, 1776 -) Did establish a Post Office; Land Ordinance Did establish a Post Office; Land Ordinance
of 1785, Northwest Ordinance (1787)of 1785, Northwest Ordinance (1787) 8
Constitutional Convention Summer
1787 Virginia Plan (Edmund Randolph and
James Madison) Strong central
government with bicameral legislature
3 branches Representation of one
house based on population
Judiciary with veto power of legislative acts
New Jersey Plan (William Patterson) Plural executive National government
supreme Unicameral
legislature – one vote per state
National government could tax and regulate trade
9
US Constitution PreamblePreamble … … ““We the People of the United We the People of the United
States, in Order to form a more perfect UnionStates, in Order to form a more perfect Union……””
7 articles7 articles Article I – Legislative, II – Executive, III – Judicial, IV Article I – Legislative, II – Executive, III – Judicial, IV
– Federalism (Full faith credit, extradition, creation – Federalism (Full faith credit, extradition, creation new states) V – Amendment Process, VI – Supremacy new states) V – Amendment Process, VI – Supremacy Clause, VII – Ratification of the ConstitutionClause, VII – Ratification of the Constitution
27 Amendments27 Amendments (Bill of Rights 1-10, ratified (Bill of Rights 1-10, ratified 1791)1791)
1787 – 1787 – Constitutional ConventionConstitutional Convention ““Supreme Law of the LandSupreme Law of the Land”” (Article VI) (Article VI) Living document – Living document – read and interpreted by read and interpreted by
courts around the world.courts around the world.10
ELEMENTS OF THE CONSTITUTION
Separation of Powers - this established the individual powers of the three branches (Legislative, Executive, and Judicial).
Checks and Balances - this prevents any of the three BRANCHES from gaining too much power (examples?).
Federalism - established the power of the LEVELS of gov’t (Federal vs. State)
REPUBLICANISM – we elect representatives to run the government for us.
Principles of the Principles of the ConstitutionConstitution
Checks and BalancesChecks and Balances Separation of PowersSeparation of Powers FederalismFederalism Republicanism Republicanism Judicial review (inherent power – Judicial review (inherent power – Marbury Marbury
v. Madison)v. Madison) Other liberties included within the articles Other liberties included within the articles
Writ of habeas corpus - Writ of habeas corpus - statement issued by a judge of statement issued by a judge of a charge to a charge to ““hold the bodyhold the body””
No bill of attainder - No bill of attainder - laws that make an individual laws that make an individual guilty of a crime without a trial, were barredguilty of a crime without a trial, were barred
No ex post facto laws - No ex post facto laws - which declared an action a which declared an action a crime after it had been performed, were not permittedcrime after it had been performed, were not permitted12
Figure 2.2: What are the separation of powers and checks and balances
under the U.S. Constitution?
To Learning Objectives
Question:
How was the Constitution ratified?
14
Question:How was the Constitution ratified?
Answer:Approved by 3/4, or 9 states, via vote in special conventions (approved by the people!)
15
Question:
What are the two formal procedures for amending the Constitution?Proposal?Ratification?
16
Amendment process in Article V
Amendments may be proposed by: 2/3 of both houses of Congress, or A convention called for by 2/3 of both
houses of Congress upon application by 2/3 of the state legislatures
Amendments may be ratified by: ¾ of state legislatures or ¾ of conventions in the states
Congress selects the mode of ratification.
Question:
What are “political institutions”?
18
Question:What are “political institutions”?
Answer:Formal (Constitution):
Executive Bureaucracy
Legislative Judicial
Informal: Interest Groups, NGO’s, think tanks, political parties
19
Marbury v. Madison Marbury v. Madison (1803)(1803)
Judicial reviewJudicial review 1st time S.C. declared a Congressional 1st time S.C. declared a Congressional
act -- Judiciary Act of 1789 -- act -- Judiciary Act of 1789 -- unconstitutionalunconstitutional
Chief Justice John Marshall wrote Chief Justice John Marshall wrote decisiondecision
Legitimized the independence and Legitimized the independence and Constitutional role of the Supreme CourtConstitutional role of the Supreme Court
Marbury v. Madison (1803) See p.330 in O’Connor textbook; This is See p.330 in O’Connor textbook; This is
a very important case!a very important case! 20
Federalist Papers
PUBLIUS (Latin for “the people”) Alexander Hamilton, James Madison,
John Jay Federalist Papers (85 articles total) to
support the Constitution and to respond to Antifederalists’ dissent for the ratification
Promoted a strong central government Hamilton (51), Madison (26), John Jay (5), and
Hamilton and Madison co-authored 3 Two of the most famous Federalist Papers… Federalist Nos. 10 and 51 (Madison)
Federalist No. 10’s defense of the large republic:
The problem of faction defined How to deal with faction?
Remove causes - how? Destroy liberty Give same opinions, etc.
Control the effects – how? prevent majority interest from forming, or If formed, make it difficult to unite
Question: democracy or republic? Question: small or large republic? Benefits of large republic:
Diversity of interests and opinions Less opportunity to “concert and oppress” Better reps
Federalist No. 10Federalist No. 10 Publius (James Madison)Factions (passions) and Factions (passions) and
REPUBLICAN form of governmentREPUBLICAN form of government Factions allow us to consider all sides; inevitable Factions allow us to consider all sides; inevitable
differences; but dangerous if not monitored. differences; but dangerous if not monitored. Government is the mediator between factions, none Government is the mediator between factions, none should gain enough power to violate othershould gain enough power to violate other’’s rights in s rights in free governmentfree government
““Faction is thus sown into the nature of man.”Faction is thus sown into the nature of man.” ““liberty is to faction what air is to fire…liberty is to faction what air is to fire…”” ““The regulation of these various and interfering interests The regulation of these various and interfering interests
forms the principal task of modern legislation…forms the principal task of modern legislation…”” George Washington in his Farewell Address warned George Washington in his Farewell Address warned
against factions and political partiesagainst factions and political parties Federalist No. 10
23
Federalist No. 51Federalist No. 51 Publius (James Madison) Separation of branches; Checks and Separation of branches; Checks and
balances balances ““The great difficultly lies in this: you The great difficultly lies in this: you
must first enable the government to must first enable the government to control the governed; and in the next control the governed; and in the next place oblige it to control itself.place oblige it to control itself.””
““ambition must be made to counteract ambition must be made to counteract ambitionambition””
““If men were angels, no government If men were angels, no government would be necessary.would be necessary.””
Federalist No. 51 24
Federalist No. 78Federalist No. 78 Publius (Alexander Hamilton) Judicial power implied judicial reviewJudicial power implied judicial review The independence of judges is an The independence of judges is an
essential safeguard against effects of essential safeguard against effects of societysociety
(Judicial Branch) has (Judicial Branch) has ““neither FORCE neither FORCE NOR WILL, but merely judgment…NOR WILL, but merely judgment…””
““right of the courts to pronounce right of the courts to pronounce legislative acts void…legislative acts void…””
““No legislative act, therefore, contrary to No legislative act, therefore, contrary to the constitution, can be valid.the constitution, can be valid.””
Federalist No. 78 25
Hamilton’s defense of Judiciary
It is the least dangerous branch (No. 78) Judiciary should NOT be subordinate to
legislature, because judicial review is necessary (No. 78 & 81)
Defense of “judicial review”: Someone must decide in cases of “clashing laws” Judges may not substitute “will” for “judgment” No power to interpret Constitution “in equity”
(according to “spirit”) Judiciary is NOT the supreme branch: the
Constitution embodies the reason of the people and is therefore supreme over ALL (No. 78)
Delegated &Enumerated Delegated &Enumerated PowersPowers
Delegated powers – granted to one Delegated powers – granted to one of the three branches of the of the three branches of the national government by the national government by the Constitution (usually refers to Constitution (usually refers to powers delegated to President)powers delegated to President)
Enumerated – usually refers to Enumerated – usually refers to Congressional powers Article I, Congressional powers Article I, Section 8Section 8
Expressed – powers derived from Expressed – powers derived from the Constitutionthe Constitution 27
Implied PowersImplied Powers
Authority granted by inference of Authority granted by inference of the Constitutionthe Constitution’’s delegated powerss delegated powers
(I.8.18.) = Article I, section 8, clause (I.8.18.) = Article I, section 8, clause 18 18 ““necessary and proper clausenecessary and proper clause””
McCulloch v. Maryland (1819)(1819) Congress has the enumerated power Congress has the enumerated power
to to ““declare wardeclare war”” whereas the whereas the President has Commander-in-Chief President has Commander-in-Chief power to command armed forces. power to command armed forces.
28
McCulloch v. Maryland McCulloch v. Maryland (1819)(1819) Federal supremacy (Article VI) - supremacy clauseFederal supremacy (Article VI) - supremacy clause
Unanimous decisionUnanimous decision Question over the power of Congress to establish Question over the power of Congress to establish
a national bank; national gov’t supremacy; a national bank; national gov’t supremacy; federalismfederalism
Implied power - (I.8.18) Congress may Implied power - (I.8.18) Congress may ““make all make all laws necessary and proper for carrying into laws necessary and proper for carrying into execution …and all other powers vested in…the execution …and all other powers vested in…the govgov’’t of the United States t of the United States ”” or the or the elastic clauseelastic clause
Justice John Marshall expanded the role of the Justice John Marshall expanded the role of the national governmentnational government
““Power to tax is the power to destroyPower to tax is the power to destroy”” McCulloch v. Maryland (1819)
29
Inherent PowersInherent Powers
Self-evident powersSelf-evident powers Protection of citizens under the Protection of citizens under the
governmentgovernment Powers which are automatic for a nation-Powers which are automatic for a nation-
state – foreign negotiations, make state – foreign negotiations, make international agreements, acquire international agreements, acquire territory, protection of citizens, etc.territory, protection of citizens, etc.
The US is a sovereign power among The US is a sovereign power among nationsnations
Presidents question their inherent powers Presidents question their inherent powers during times of crisis and emergenciesduring times of crisis and emergencies30
Dual FederalismDual Federalism Layer cake Layer cake limited powers given to the national limited powers given to the national
government (national defense and foreign government (national defense and foreign policy) and the rest left to the sovereign policy) and the rest left to the sovereign statesstates
Each level dominant within its own sphereEach level dominant within its own sphere Tenth AmendmentTenth Amendment Conservative stanceConservative stance Supreme Court is umpireSupreme Court is umpire Supreme Court favored this interpretation Supreme Court favored this interpretation
for the first 100 years of American historyfor the first 100 years of American history Decentralist view (states rights)Decentralist view (states rights)
31
Cooperative FederalismCooperative Federalism
Marble cake (Morton Grodzins)Marble cake (Morton Grodzins) Stresses federalism as a system of Stresses federalism as a system of
intergovernmental relations in delivering intergovernmental relations in delivering goods and serves to peoplegoods and serves to people
Calls for all levels of government to work Calls for all levels of government to work togethertogether
Government is involved in a variety of Government is involved in a variety of issues and programsissues and programs
New Deal Programs - FDRNew Deal Programs - FDR Liberal stanceLiberal stance Centralist viewCentralist view 32
Horizontal FederalismHorizontal Federalism State to state relationsState to state relations Full Faith & Credit (IV,1) Full Faith & Credit (IV,1) requires states to requires states to
enforce court judgments of other states (divorce) and enforce court judgments of other states (divorce) and accept public records as valid (marriage licenses, accept public records as valid (marriage licenses, identifications)identifications)
Interstate Privileges and Immunities (IV, Interstate Privileges and Immunities (IV, 2) 2) must extend to citizens of other states - protection must extend to citizens of other states - protection of laws, right to engage in peaceful occupations, of laws, right to engage in peaceful occupations, access to courts and freedom of discriminatory taxes; access to courts and freedom of discriminatory taxes; states may not impose unreasonable residency states may not impose unreasonable residency requirements (such as medical care or voting requirements (such as medical care or voting requirements for new residents) requirements for new residents)
Extradition (IV, 2) Extradition (IV, 2) states must deliver criminals states must deliver criminals back to home stateback to home state
Interstate Compacts (I, 10)Interstate Compacts (I, 10) states must settle states must settle disputes peacefully; all state to state compacts must be disputes peacefully; all state to state compacts must be approved by Congressapproved by Congress 33
GrantsGrants Ways that federal govWays that federal gov’’t disperses $ to state and t disperses $ to state and
local governmentslocal governments ““Grants-in-aidGrants-in-aid””; revenue sharing; revenue sharing CategoricalCategorical -- formula grants, $ for a specific -- formula grants, $ for a specific
purposes, subject to federal supervision (school purposes, subject to federal supervision (school lunches, building of highways and airports)lunches, building of highways and airports)
Project Grants Project Grants -- state, local, and -- state, local, and nongovernmental agencies can apply for $ nongovernmental agencies can apply for $ (universities, employment training programs); (universities, employment training programs); National Science FoundationNational Science Foundation
BlockBlock -- broad grants to states for prescribed -- broad grants to states for prescribed activities with few strings attached (child care, activities with few strings attached (child care, welfare, social services, education and health welfare, social services, education and health care)care)
““Devolution revolutionDevolution revolution”” - the effort to slow the - the effort to slow the growth of the federal government by returning growth of the federal government by returning many functions to the states (welfare) – Welfare many functions to the states (welfare) – Welfare Reform Act 1996Reform Act 1996
34
MandatesMandates Federal law for all levels of governmentFederal law for all levels of government New Deal Programs, Great Society New Deal Programs, Great Society
Programs, Clean Air Act were mandates Programs, Clean Air Act were mandates for the nationfor the nation
Unfunded MandatesUnfunded Mandates Americans With Disabilities Act 1990 (ADA)(ADA) Unfunded Mandates Reform Act of 1995 - Unfunded Mandates Reform Act of 1995 -
requires the Congressional Budget Office requires the Congressional Budget Office (CBO) and federal agencies to report the (CBO) and federal agencies to report the impact of unfunded mandates describing the impact of unfunded mandates describing the impact on state and local governmentsimpact on state and local governments
35
New Techniques of New Techniques of Federal Control (beyond Federal Control (beyond
mandates)mandates) Direct orders - criminal sanction enforced Direct orders - criminal sanction enforced (Equal Opportunity Employment Act of 1972)(Equal Opportunity Employment Act of 1972)
Cross-Cutting Requirements - federal grants Cross-Cutting Requirements - federal grants may establish conditions (may establish conditions (
Act 1964)Act 1964) Crossover Sanctions - sanctions permit the use Crossover Sanctions - sanctions permit the use
of federal $ in programs to influence of federal $ in programs to influence state/local policies (1984 act reduced fed state/local policies (1984 act reduced fed highway $ if states didnhighway $ if states didn’’t increase 21 drinking t increase 21 drinking age)age)
Total and Partial PreemptionTotal and Partial Preemption Partial would be fed imposes basic law/policies and Partial would be fed imposes basic law/policies and
state must administer themstate must administer them Mandatory partial preemption - Clean Air Act 1990 Mandatory partial preemption - Clean Air Act 1990
- fed national air quality standard and state must - fed national air quality standard and state must devise implementation without fed fundsdevise implementation without fed funds
36
I (1I (1stst) Amendment) Amendment Civil Liberties Civil Liberties ““Congress shall make no law respecting an Congress shall make no law respecting an
establishment of establishment of religionreligion, or prohibiting the , or prohibiting the free exercise thereof; or abridging the free exercise thereof; or abridging the freedom of freedom of speechspeech, or the , or the presspress, or the right , or the right of the people to peacefully to of the people to peacefully to assemblassemble, and e, and to to petitionpetition the Government for a redress of the Government for a redress of grievances.grievances.””
Schenck v. United States (1919) speech, (1919) speech, clear and present dangerclear and present danger
Gitlow v. New York (1925) (1925) incorporation of incorporation of First AmendmentFirst Amendment’’s freedoms of speech and press s freedoms of speech and press provisions, citing the Fourteenth Amendmentprovisions, citing the Fourteenth Amendment’’s due s due process clause to apply to state lawprocess clause to apply to state law 37
I (1I (1stst) Amendment) Amendment Establishment Clause: Establishment Clause: ““make no law make no law
respecting the establishment of …respecting the establishment of …”” Lemon v. Kurtzman (1971)(1971) ““lemon test or lemon test or
3-prong test3-prong test”” Engel v. Vitale (1962) (1962) no state-sponsored no state-sponsored
prayer in public schoolprayer in public school Free exercise clause Free exercise clause ““or prohibiting the or prohibiting the
free exercise of…free exercise of…”” Reynolds v. United States ( 1878) – polygamy is ( 1878) – polygamy is
illegal and is not protected under 1illegal and is not protected under 1stst AmendmentAmendment
Oregon v. Smith (1990) – unlawful drug use is (1990) – unlawful drug use is illegal in religious ceremonies and is not illegal in religious ceremonies and is not protected under 1protected under 1stst Amendment Amendment
Bill of Rights Institute Religious Liberty
38
XIV (14XIV (14thth) Amendment - ) Amendment - 18681868 Defined citizenshipDefined citizenship
Clauses:Clauses: privilege and and privilege and and immunities, immunities, Due processDue process, equal , equal protection protection
Incorporation Incorporation Application of due process clause to the Application of due process clause to the
State law – State law – ““nor shall any State deprive nor shall any State deprive any person of life, liberty, or property, any person of life, liberty, or property, without the due process of the lawwithout the due process of the law””
Gitlow v. New York (1925) 5 sections: also includes congressional 5 sections: also includes congressional
representation/districting; Southern rebels representation/districting; Southern rebels denied federal office, rebel debts repudiateddenied federal office, rebel debts repudiated
39
Incorporation DoctrineIncorporation Doctrine
The legal concept under which the The legal concept under which the Supreme Court (and federal courts) Supreme Court (and federal courts) has has ““nationalizednationalized”” the Bill of Rights by the Bill of Rights by making most of its provisions making most of its provisions applicable to the states through the applicable to the states through the Fourteenth Amendment.Fourteenth Amendment.
The following amendments have not The following amendments have not been incorporated: III, VII, X (Grand been incorporated: III, VII, X (Grand Jury)Jury)
*See my website for a AP College *See my website for a AP College Board PDF article of this topic Board PDF article of this topic
40
Selective IncorporationSelective Incorporation Selective Incorporation – the Supreme Selective Incorporation – the Supreme
Court (or federal courts) decide on a case-Court (or federal courts) decide on a case-by-case basis, when to apply the Bill of by-case basis, when to apply the Bill of Rights to state law from the due process Rights to state law from the due process or equal protection clauses in the or equal protection clauses in the Fourteenth Amendment.Fourteenth Amendment.
Palko v. Connecticut (1937) – first (1937) – first rejection by S.C. of rejection by S.C. of ““totaltotal”” incorporation; incorporation; ruled that the Fifth Amendment double ruled that the Fifth Amendment double jeopardy provision does not apply to the jeopardy provision does not apply to the states through the Fourteenth states through the Fourteenth Amendment. Amendment. (overturned by (overturned by Benton v. MarylandBenton v. Maryland, , 1969 – incorporated double jeopardy)1969 – incorporated double jeopardy) 41
IV (Fourth) AmendmentIV (Fourth) Amendment
Search and seizuresSearch and seizures Wolf v. Colorado (1949) (1949)
(incorporation case, 4(incorporation case, 4thth and 14 and 14thth Amendments)Amendments)
Mapp v. Ohio (1961) - (1961) - (incorporation case, 4(incorporation case, 4thth and 14 and 14thth Amendment)Amendment) Exclusionary ruleExclusionary rule
42
Due ProcessDue Process
5th and 14th Amendments5th and 14th Amendments Protection against deprivation of Protection against deprivation of
life, liberty, or propertylife, liberty, or property Rights of the accusedRights of the accused Origin from the Magna Carta Origin from the Magna Carta
(1215)(1215)
43
V (Fifth) AmendmentV (Fifth) Amendment
Due processDue process Eminent domain (govEminent domain (gov’’t will pay $ for t will pay $ for
private property)private property) Self-incriminationSelf-incrimination Double jeopardyDouble jeopardy Capital crime – Grand Jury (except Capital crime – Grand Jury (except
Military and emergencies)Military and emergencies)
44
VI (Sixth) AmendmentVI (Sixth) Amendment
Fair and speedy trial; right to Fair and speedy trial; right to counselcounsel
Miranda v. Arizona (1966)(1966) rights of rights of the accused, Fifth amendment, right the accused, Fifth amendment, right to counsel, self-incriminationto counsel, self-incrimination
Gideon v. Wainwright (1963)(1963) counsel counsel must be provided in felony cases must be provided in felony cases (incorporation case – due process in (incorporation case – due process in 66thth and 14 and 14thth Amendments) Amendments)
45
Suffrage AmendmentsSuffrage Amendments
XV (15) – (1870) African American XV (15) – (1870) African American malesmales
XVII (17) – (1913) XVII (17) – (1913) direct elections for US direct elections for US SenatorsSenators
XIX (19) – (1920) Women SuffrageXIX (19) – (1920) Women Suffrage XXIII (23) - (1961) District of Columbia XXIII (23) - (1961) District of Columbia
residents vote for presidentresidents vote for president XXIV (24) - (1964) prohibit poll taxes XXIV (24) - (1964) prohibit poll taxes XXVI (26) – (1971) 18 year old voteXXVI (26) – (1971) 18 year old vote
46
Article IArticle I
Legislative Branch (Congress)Legislative Branch (Congress) House and SenateHouse and Senate Very detailed powers - enumerated (I.8) Very detailed powers - enumerated (I.8) impeachmentimpeachment Gives Congress the most powerGives Congress the most power ““Necessary-and-properNecessary-and-proper”” clause clause Habeas corpus, no bill of attainder, or ex Habeas corpus, no bill of attainder, or ex
post facto lawspost facto laws Interstate commerce clauseInterstate commerce clause CensusCensus
47
Enumerated Powers of Enumerated Powers of CongressCongress Levy taxesLevy taxes
BorrowBorrow Regulate commerceRegulate commerce Naturalization and bankruptcyNaturalization and bankruptcy Coin moneyCoin money Establish a Post OfficeEstablish a Post Office Patents and copyrightsPatents and copyrights Create CourtsCreate Courts Declare warDeclare war Create army and navyCreate army and navy Govern the District of ColumbiaGovern the District of Columbia ““make all laws necessary and proper for carrying make all laws necessary and proper for carrying
into execution…” into execution…” 48
House of House of RepresentativesRepresentatives
435, 2 year term, 25 years old, 7year resident, 435, 2 year term, 25 years old, 7year resident, citizencitizen
Apportionment by population for each state; Florida Apportionment by population for each state; Florida has *27 Congressional districts (after 2010 Census)has *27 Congressional districts (after 2010 Census)
Districts decided by state legislatures, census of Districts decided by state legislatures, census of pop every 10 yearspop every 10 years
Smaller constituency, less staffers, less media, Smaller constituency, less staffers, less media, limited debate timelimited debate time
All appropriation/revenue bills start in the HOUSEAll appropriation/revenue bills start in the HOUSE Ways and Means CommitteeWays and Means Committee Rules Committee (decides rules of debate)Rules Committee (decides rules of debate) Quorum (218)Quorum (218) Speaker of the House (3rd in the succession of Speaker of the House (3rd in the succession of
presidency)presidency) Policy specialistsPolicy specialists Power to vote for impeachment (accusation)Power to vote for impeachment (accusation)
49
GerrymanderingGerrymandering Drawing of boundary lines for Drawing of boundary lines for
Congressional districts to obtain partisan Congressional districts to obtain partisan or factional advantageor factional advantage
From Governor Gerry of MA in 1811, the From Governor Gerry of MA in 1811, the shape of his district looked like a shape of his district looked like a salamandersalamander
Shaw v. Reno (1993) (1993) racial gerrymandering racial gerrymandering unconstitutional, equal protection clause XIV unconstitutional, equal protection clause XIV AmendmentAmendment
State Legislatures redraw districts after State Legislatures redraw districts after census (every ten years), sometimes add census (every ten years), sometimes add or lose Congressional districts based on or lose Congressional districts based on their statetheir state’’s population increases or s population increases or decreasesdecreases
http://www.floridaredistricting.org/
50
SenateSenate 100 (2 per state)100 (2 per state) Larger constituency, more staffers, more Larger constituency, more staffers, more
seniority, more media, more prestige seniority, more media, more prestige 6 year term, 30 years old, 9 years resident, 6 year term, 30 years old, 9 years resident,
citizencitizen Riders allowed on billsRiders allowed on bills Filibuster and cloture (3/5 of Senate)Filibuster and cloture (3/5 of Senate) Confirmation presidential nominations: Confirmation presidential nominations:
federal judges, ambassadors, US marshals, federal judges, ambassadors, US marshals, Supreme Court justicesSupreme Court justices
Ratify treaties (2/3)Ratify treaties (2/3) Hold impeachment trials (2/3)Hold impeachment trials (2/3)
51
Legislative vetoLegislative veto
Congress invalidates Executive Congress invalidates Executive Branch acts/policiesBranch acts/policies
Rejection of a presidential or Rejection of a presidential or administrative agency action by a vote administrative agency action by a vote of one of both houses of Congress of one of both houses of Congress without the consent of the president without the consent of the president
Immigration and Naturalization Service (INS) v. Chadha (1983) (1983) Supreme Court held that Supreme Court held that legislative veto is unconstitutional; legislative veto is unconstitutional; question over the separation of question over the separation of powerspowers
See the term “congressional review”See the term “congressional review”
52
Bipartisan Campaign Finance Reform Act (BCRA)
““McCain-Feingold billMcCain-Feingold bill”” (2002) (2002) Changed some parts in FECA 1974Changed some parts in FECA 1974 *$2,100 (individual) to candidate for each election*$2,100 (individual) to candidate for each election *$10,000 (individual) to state party or PAC*$10,000 (individual) to state party or PAC *$26,700 (individual) to national party committee*$26,700 (individual) to national party committee Ban on soft $ - donations to party committees for Ban on soft $ - donations to party committees for
buying equipment, remodeling headquarters, buying equipment, remodeling headquarters, staffing regional offices, or get-out-the-vote staffing regional offices, or get-out-the-vote drives; not for a specific candidatedrives; not for a specific candidate
Definition of hard $ - financial contributions given Definition of hard $ - financial contributions given directly to a candidate running for officedirectly to a candidate running for office
Buckley v. Valeo (1976) (1976) individual candidate can individual candidate can spend unlimited amount on self campaignspend unlimited amount on self campaign
Citizens United v. Federal Elections Commission (2010)
*based upon tax yearly codes*based upon tax yearly codes53
Citizens United v. FEC (2010)• Citizens United v. Federal Elections Commission (FEC), 2010• Citizens United v. FEC (2010)• p. 459• Citizens United sought an injunction against the Federal Election
Commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act (BCRA) to its film Hillary: The Movie. The Movie expressed opinions about whether Senator Hillary Rodham Clinton would make a good president.
• In an attempt to regulate "big money" campaign contributions, the BCRA applies a variety of restrictions to "electioneering communications." Section 203 of the BCRA prevents corporations or labor unions from funding such communication from their general treasuries. Sections 201 and 311 require the disclosure of donors to such communication and a disclaimer when the communication is not authorized by the candidate it intends to support.
• Citizens United argued that: 1) Section 203 violates the First Amendment on its face and when applied to The Movie and its related advertisements, and that 2) Sections 201 and 203 are also unconstitutional as applied to the circumstances.
Decision - Citizens United v. FEC (2010)
By a 5-to-4 vote along ideological lines, the majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited. Justice Anthony M. Kennedy wrote for the majority joined by Chief Justice John G. Roberts and Justices Antonin G. Scalia, Samuel A. Alito, and Clarence Thomas. Justice John Paul Stevens dissented, joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotamayor. The majority maintained that political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation. The majority also held that the BCRA's disclosure requirements as applied to The Movie were constitutional, reasoning that disclosure is justified by a "governmental interest" in providing the "electorate with information" about election-related spending resources. The Court also upheld the disclosure requirements for political advertising sponsors and it upheld the ban on direct contributions to candidates from corporations and unions.
Article IIArticle II
Executive Powers Executive Powers Vague on purpose and meaningVague on purpose and meaning Commander-in-Chief (power to Commander-in-Chief (power to
make war)make war) Make treatiesMake treaties Make pardonsMake pardons State of the Union AddressState of the Union Address Appointments to the federal govAppointments to the federal gov’’tt http://www.articleii.org/index.ht
ml56
PresidencyPresidency
Article IIArticle II 4 year term, 35 yrs. old, 14 yr. 4 year term, 35 yrs. old, 14 yr.
resident and US natural-born citizenresident and US natural-born citizen XXII (22) Amendment, max 2 terms XXII (22) Amendment, max 2 terms
in office, or 10 years, reaction to in office, or 10 years, reaction to FDRFDR
XII (12) changed the election XII (12) changed the election process of the president (electoral)process of the president (electoral)
XXV (25) disability and succession of XXV (25) disability and succession of president president
57
Formal Powers of Formal Powers of PresidentPresident
**Commander in ChiefCommander in Chief **Commission Officers (of military)Commission Officers (of military) Grant pardonsGrant pardons State of the Union, Convene CongressState of the Union, Convene Congress **Receive ambassadors, or other public Receive ambassadors, or other public
MinistersMinisters Wield Wield ““executive powerexecutive power”” ““Take CareTake Care”” that Laws be faithfully executed that Laws be faithfully executed Appoint officials (ambassadors, public Appoint officials (ambassadors, public
ministers, SC Justices, and all other officers)ministers, SC Justices, and all other officers) Veto and approve legislationVeto and approve legislation **Make treatiesMake treaties **denotes foreign powersdenotes foreign powers 58
Informal Powers of the Informal Powers of the PresidentPresident
Morale builderMorale builder Party leaderParty leader Legislative leaderLegislative leader Coalition leaderCoalition leader Crisis managerCrisis manager Personnel recruiterPersonnel recruiter ““Leader of the Free WorldLeader of the Free World”” Persuader Persuader ““bully pulpitbully pulpit”” (Teddy (Teddy
Roosevelt)Roosevelt)59
Veto Veto President can veto and send the bill President can veto and send the bill
back to Congress with the reasons back to Congress with the reasons why why
Pocket veto -- if the President does Pocket veto -- if the President does not sign or veto within 10 days, not sign or veto within 10 days, and and Congress adjourns,Congress adjourns, the bill is dead the bill is dead
bill turns into LAW – bill turns into LAW – ““put it in a put it in a drawerdrawer”” President neither signs or President neither signs or vetoes within 10 days (Congress in vetoes within 10 days (Congress in session), bill becomes law.session), bill becomes law.
60
War Powers Resolution War Powers Resolution of 1973of 1973
Reaction to Vietnam Conflict Reaction to Vietnam Conflict Congressional act sent to Nixon, he vetoed it, Congressional act sent to Nixon, he vetoed it,
sent back to Congress, overrode veto with 2/3 sent back to Congress, overrode veto with 2/3 vote vote
Presidents since Nixon have violated and have Presidents since Nixon have violated and have not been punished not been punished
President can commit US forces to action only President can commit US forces to action only After a declaration of war by CongressAfter a declaration of war by Congress In national emergency created by an attack on the In national emergency created by an attack on the
U.S. of it forcesU.S. of it forces President must report his action to Congress within President must report his action to Congress within
48 hours and withdrawn troops within 60 days48 hours and withdrawn troops within 60 days Congress, with a concurrent resolution, can remove Congress, with a concurrent resolution, can remove
troops after 90 days without a veto by Presidenttroops after 90 days without a veto by President War Powers Resolution
61
Line-item vetoLine-item veto
Most state governors have this Most state governors have this powerpower
Line Item Veto Act 1996Line Item Veto Act 1996 Intent was to give President Intent was to give President
more power over the budget more power over the budget Clinton et al. v. New York et al. Clinton et al. v. New York et al.
(1998) decision 6-3; (1998) decision 6-3; unconstitutional unconstitutional
62
impoundmentimpoundment
Refusal of the president to Refusal of the president to spend $ appropriated by spend $ appropriated by Congress for a specific programCongress for a specific program
Temporary delay tactic to Temporary delay tactic to control spending control spending
Budget and Impoundment Budget and Impoundment Control Act (1974)Control Act (1974) reduced the reduced the PresidentPresident’’s impoundment s impoundment powerspowers 63
Participation in Participation in GovernmentGovernment
ConventionalConventional - Relatively routine political - Relatively routine political behavior that uses institutional channels behavior that uses institutional channels and is acceptable to the dominant culture and is acceptable to the dominant culture (voting, writing elected officials, political (voting, writing elected officials, political demonstrations - holding signs in protest, demonstrations - holding signs in protest, signing a petition)signing a petition)
UnconventionalUnconventional - relatively uncommon - relatively uncommon political behavior that challenges or defies political behavior that challenges or defies established institutions and dominant established institutions and dominant norms (Boston Tea Party 1773, boycotting, norms (Boston Tea Party 1773, boycotting, occupying buildings, locking arms to block, occupying buildings, locking arms to block, striking, 1968 Dem Convention, assembly striking, 1968 Dem Convention, assembly of a militia group, suicide bombers)of a militia group, suicide bombers)
64
Executive Privilege
• Confidential communication between between the president and his advisors does not have to be disclosed.
• This was justified because the president needs to be able to get candid advice, and the separation of powers implies that no one needs to know.
• United States vs. Nixon (1974) Supreme Court ruled that the president does not have absolute unqualified executive privilege.
• p. 270 65
Executive Orders• An executive order in the United States is a
directive issued by the President, the head of the executive branch of the federal government.
• U.S. Presidents have issued executive orders since 1789. Although there is no Constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1 of the Constitution and the statement "take Care that the Laws be faithfully executed" in Article II, Section 3.
• Most executive orders are orders issued by the President to US executive officers to help direct their operation, the result of failing to comply being removal from office.
• FDR, Truman, L.B. Johnson, Obama• (See pp.292-293, p. 316)
66
Executive agreements
Formal international agreements entered into by the president with another head of state that do not require the consent of the Senate
A way of getting around the Constitutional “advice and consent” of the Senate
Nonbinding for subsequent presidential administrations
p. 274 67
Bureaucrats = Civil Servants
• A bureaucrat, or a civil servant, is someone who works for government at any level. When we refer to the “federal bureaucracy,” we mean either the structure OR the federal employees (not state and non local government workers).
• Some are appointed by the President, however most are career-level employees.
• These are NON-elected public officials.• More than 2.7 million federal employees• p. 298, 300
68
• Hatch Act of 1939 Prohibits civil servants from taking
activist roles in partisan campaigns – federal employees cannot make political contributions, work for a particular party, or campaign for a particular candidate
• Federal Employees Political Activities Act of 1993 Liberalizes Hatch Act – federal employees
can run for office in nonpartisan elections and contribute money to campaigns in partisan elections
Government Workers and Political Involvement
LO 9.2
To Learning Objectives
White House Office (WHO)
• The “West Wing” staff (approx. 500 people)
• President’s closest advisors• Staffers do NOT have to be confirmed by
Senate• Chief of staff• Domestic advisors• Legislative liaison• Press Secretary• Various styles: Pyramid structure,
Circular Structure, and Ad hoc Structure (See “Fast Track” notes)
• This is the president’s leadership style70
Executive Office of the President
(EOP)• Agencies that report directly to the
president.• Heads must approved by the Senate.• Office of Management & Budget (OMB) is
the most powerful agency (assembles of the budget)
• Central Intelligence Agency (CIA)• Council of Economic Advisors (CEA)• Office of Personnel Management (OPM)• National Security Council (NSC)• Office of U.S. Trade Representative• p. 285-286 71
“Bureaucratic Agencies”
1. Cabinet departments2. Government corporations3. Independent executive
agencies4. Independent regulatory
commissions
72
CABINET15 Executive Departments
Large, broad area administrative units, responsible for a national interest function
State, Defense, Treasury, Justice, Labor, etc. (see handout)
Composed of Secretaries of the Executive Branch and the Attorney General (Justice Dept.)• Tenure of Office Act• Cabinet Secretaries confirmed by Senate• Can be fired by President
Each department has subdivided bureaus, divisions, sections, or smaller units (i.e. Transportation Security Administration, or TSA, is part of Dept. of Homeland Security)
p. 27273
Independent Executive Agencies
Governmental units that closely resemble a Cabinet department but have narrower areas of responsibility, and perform services rather than regulatory services
CIA NASA EPA p. 307-308
74
Government Corporations
Businesses established by Congress to perform functions that could be provided by private businesses.
TVA FDIC AMTRAK U.S. Postal Service p. 309
75
Independent Regulatory Commissions
• Agencies created by Congress to exist outside the major the departments to regulate a specific economic activity or interest; created for continuity of economic policies; Congress and the courts have neither time nor expertise to regulate
• 1935 SCOTUS ruled these agencies protected from political pressures (can not fire members)
• Presidential appointments – confirmed by Senate – are for staggered term of years (7 to 14 years) to create bipartisan members; odd number members on each board (5 to 7 members) to prevent a tie.
• National Labor Relations Board (NLRB)• Federal Reserve Board, FCC, SEC, FEC • OSHA (Occupational Safety and Health
Administration)• p. 308-309
76
Figure 9.4: What is an iron triangle?
Back
To Learning Objectives
docketdocket
Supreme CourtSupreme Court’’s agenda of cases to s agenda of cases to be heard be heard
+/- 100 granted +/- 100 granted writ of certiorari writ of certiorari ““to to be informedbe informed””
2-3 are original jurisdiction2-3 are original jurisdiction Rule of FourRule of Four stare decisis Appellate jurisdictionAppellate jurisdiction Must address a Constitutional or Must address a Constitutional or
federal questionfederal question 78
entitlemententitlement
A claim for A claim for government funds government funds that that cannot be abridgedcannot be abridged without violating without violating the rights of the claimant, the rights of the claimant, for for example Social Security benefits or example Social Security benefits or payments on a contractpayments on a contract; any federal ; any federal government program that benefits government program that benefits to Americans who meet to Americans who meet requirements specified by lawrequirements specified by law..
50% of our budget50% of our budget
79
Electoral systems
Winner-take-all: an electoral system in which the party that receives at least one more vote than any other party wins the election; “First-past-the-post”; “plurality system”
Proportional representation: a voting system that apportions legislative seats according to the percentage of the vote won by a particular political party 80
Multimedia Resources Apps
Quizlet Pocket Justice CRAM Presidents US Presidents Constitution FedPapers USA Manual Declaration Congress 81
Multimedia Resources Continued http://apgovmultimedia.wikispaces.com/
AP+Govt+Exam+Review+Resources http://www.archives.gov/federal-register/electoral-
college/teach.html http://www.constitutioncenter.org/ncc_edu_Students.aspx http://www.icivics.org/ http://bensguide.gpo.gov/9-12/index.html http://www.articleii.org/index.html http://www.billofrightsinstitute.org/dnn/ http://www.c-spanclassroom.org/Video/621/
High+School+AP+US+Government+Exam+Review.aspx Watch C-SPAN “Cram for the Exam” on Washington
Journal the weekend prior to the exam http://c-span.org/Series/Washington-Journal/
More LINKS on my website 82
ResourcesResources AP Central College Board AP Central College Board
Government & Politcs -US Home PageGovernment & Politcs -US Home Page O’Connor, Karen, et. al. O’Connor, Karen, et. al. American Government: American Government:
Roots and Reform (2011 Edition). Roots and Reform (2011 Edition). Pearson, 2011.Pearson, 2011. Janda, Kenneth, et. alJanda, Kenneth, et. al. The Challenge of . The Challenge of
Democracy - Government in America (Eight Democracy - Government in America (Eight Edition).Edition). Houghton Mifflin, 2005. Houghton Mifflin, 2005.
Magleby, David B. et. al. Magleby, David B. et. al. Government By the Government By the People (21People (21stst ed). ed). Pearson Prentice Hall, 2006. Pearson Prentice Hall, 2006.
Wilson, James Q. and John J. DiIulio, Jr. Wilson, James Q. and John J. DiIulio, Jr. American American Government Institutions and Policies (Ninth Government Institutions and Policies (Ninth Edition). Edition). Houghton Mifflin, 2004.Houghton Mifflin, 2004.
83
Format of ExamFormat of Exam50 % - 60 questions – 45 50 % - 60 questions – 45 minutesminutes
50 % - 4 Free Response 50 % - 4 Free Response Questions – 100 minutes Questions – 100 minutes (25 minutes per (25 minutes per question)question)
84
GOOD LUCK!GOOD LUCK!
AP Government & Politics -USAP Government & Politics -USEXAMEXAM
Tuesday, May 12, 2015 Tuesday, May 12, 2015 7:307:30 a.m. a.m.
Relax and do your best!Relax and do your best!
85