AP U.S. Gov & AP U.S. Gov & PoliticsPolitics

Prepare!Prepare!Don’t cram the night before, pace yourself!Don’t cram the night before, pace yourself!

Focus on studying items you do not know.Focus on studying items you do not know.

The morning of….The morning of….

Wake up on time (even early)…be awake!Wake up on time (even early)…be awake!

Eat a healthy breakfastEat a healthy breakfast

Wear comfortable clothes & your lucky Wear comfortable clothes & your lucky socks :)socks :)

Bring a sweaterBring a sweater

Bring at least two #2 pencils & a black pen Bring at least two #2 pencils & a black pen for essaysfor essays

Bring bottle of water (& snack for break).Bring bottle of water (& snack for break).

Review – AP Test CoverageReview – AP Test Coverage

I. Constitutional Underpinnings= 5-15% I. Constitutional Underpinnings= 5-15%

II. Political Beliefs & Behaviors = 10-20%II. Political Beliefs & Behaviors = 10-20%

III. Pol. Parties, IG, & Mass Media = 10-III. Pol. Parties, IG, & Mass Media = 10-20%20%

IV. Institutions (3 Branches) = 35-45%IV. Institutions (3 Branches) = 35-45%

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

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

Exam BreakdownExam BreakdownI.I. 60 Multiple Choice questions 60 Multiple Choice questions

½ of total score – 45 min.½ of total score – 45 min.II.II. Essays – 4 free response in 100 minutes Essays – 4 free response in 100 minutes

Each essay is worth 1/8 of total score . . .Each essay is worth 1/8 of total score . . .Or a combined total of 50 % of Or a combined total of 50 % of

total.total.

For example…For example…M/C = 60 points & Essay = 60 pointsM/C = 60 points & Essay = 60 pointsScoring Scoring couldcould break down for MC only as: break down for MC only as: 78% and above = 5 78% and above = 5 77% - 68% = 477% - 68% = 467% – 55% = 367% – 55% = 354% - 40% = 254% - 40% = 239% and below = 139% and below = 1(2009 released exam) (2009 released exam) These benchmarks can These benchmarks can ↑ or↑ or

↓ ↓depending on depending on difficulty of difficulty of exam exam

Exam TipsExam TipsGoal is to earn points!Goal is to earn points!Multiple Choice:Multiple Choice:5 answers per question (a-e)5 answers per question (a-e)

Correct answer = 1 pointCorrect answer = 1 pointIncorrect answer = NO penaltyIncorrect answer = NO penalty

You might as well guess…even if you’re You might as well guess…even if you’re clueless!clueless!

Choose the best answer, some are good, but Choose the best answer, some are good, but not the best, go with your gut!not the best, go with your gut!

Essay/Free Response Questions: Essay/Free Response Questions: Write, write, write what you know! Write, write, write what you know! Explain using modern day examples if you Explain using modern day examples if you

cancan

Constitutional UnderpinningsConstitutional UnderpinningsWhat are the purposes of Government? Maintain order

Provide Public Goods and ServicesPromote Equality

Democratic Systems (Direct or Indirect/Representative)Popular Sovereignty – people control (who and how many)Separation of Powers ~ 3 branchesChecks & Balances ~ balance of power between branchesRepublicanism – a representative governmentFederalism - division of national, state & local govtsJudicial Review – implied in Art IIIMajority Rule with Minority Rights

Who really governs? Theories ~

Majoritarian Politics – govt by the majority of the peoplePluralism (elitism) – govt. by competing interest groups

(distinct small groups of people make govt. decisions i.e., big business, bureaucrats, wealthy, military leaders or a combo of…

Hyperpluralism - Interest groups are so numerous and have such varied competing interests that coalitions

are difficult to form so gridlock can occur

Constitutional UnderpinningsConstitutional UnderpinningsDeclaration of Independence – social contract, natural rights

protected, popular sovereignty1st attempt at gov’t – Articles of Confederation, had weaknesses…Shays RebellionPhilly convention to revise AoC resulting in THE U.S. Constitution - Debates over:

- Representation! Plans: Virginia (feds), New Jersey (states)Great Compromise or Connecticut Compromise Bicameral legislature- 2 Senators per state (indirect

vote)& Reps according to population (direct vote)- Slavery - South wanted all males counted; 3/5ths compromise- Suffrage – Who can vote? Why?- Economics - Congress controls Post Offices to taxation to

interstate trade; promote growth (all in Article I)

-national govt should protect property- Lack of individual rights protected from a strong national govt??

(except habeas corpus, bills of attainder, ex post facto, trial by jury)

Led to BILL OF RIGHTS after ratification! Anti-Federalists argued for its addition

Constitutional UnderpinningsConstitutional UnderpinningsRatification of Constitution of the U.S. required 9 of 13 states (AoC?)

Federalists v. Anti-FederalistsFederalists=large landowners, wealthy merchants who favored strong national govt and weak state govtAnti’s=small farmers, shopkeepers, laborers who wanted

strong state govt and weak national govt with a national bill of rights in place to protect individual

libertiesFederalist Papers – written by?

~ fear of factions (#10) undesirable but inevitable and a large republic will limit the excesses of faction

~ checks and balances (#51) Constitution ratified within 9 months from the closing of Philadelphia

Convention- Congress/Pres begin national March 1789Amendment Process– 2 step process which focuses on the federal structure

of the US Constitution and requires supermajority votes:Proposal ~ 2/3 vote of Congress or State Conventions Ratification ~ ¾ state legislatures or ¾ State Conventions

Bill of Rights ratified collectively by state legislatures(1791)

Constitutional Constitutional UnderpinningsUnderpinningsInformal methods of constitutional change:

Congressional legislation has expanded constitutional provisions -Judiciary Act of 1789 set up the national court system as it

was not described in Article III beyond a SCOTUS-Cabinet departments, agencies, offices in the executive

branch-Commerce clause has been expanded to include air routes

to internet traffic as well as to ban discrimination in public accommodations (Civil Rights Act of 1964)

Executive actions-Sending troops into combat without a declaration of war-Making executive agreements to circumvent the treaty

making process-Senatorial Courtesy used in nominating federal judges (not SCOTUS) as an unwritten tradition

Judicial decisions-Judicial Review not in Constitution but established with the

Marbury v. Madison case in 1803Political Party Practices

-Parties are not mentioned in Constitution yet that hold conventions to nominate candidates and the electoral college has

become a “rubber stamp” for the popular vote based on party vote per state

Constitutional Underpinnings Constitutional Underpinnings FederalismFederalism – govt power is divided between a central govt. and state govts – govt power is divided between a central govt. and state govts

(and local too) or a decentralization of govt powers (and local too) or a decentralization of govt powers Framers do not want unitary (most/all power for national) or Framers do not want unitary (most/all power for national) or confederate (most/all power at state level) confederate (most/all power at state level)

DelegatedDelegated Powers = Federal powers as stated in Constitution per branch Powers = Federal powers as stated in Constitution per branchReserved Reserved Powers = States powers (10Powers = States powers (10thth Amendment, education, marriage, Amendment, education, marriage,

licensing doctors, establish public schools, etc.)licensing doctors, establish public schools, etc.)InherentInherent Powers = powers for national govt. based on the fact that the US Powers = powers for national govt. based on the fact that the US

is a sovereign nation-state and must have right to make treaties, wage is a sovereign nation-state and must have right to make treaties, wage warwarcontrol immigration, under the concept of international lawcontrol immigration, under the concept of international law

ExpressedExpressed Powers = specifically granted for national govt (Congress Powers = specifically granted for national govt (Congress makes laws on interstate trade, declares war, issues copyrights)makes laws on interstate trade, declares war, issues copyrights)sometimes referred to as sometimes referred to as enumerated powersenumerated powers as most are listed in as most are listed in Art. I Sec. 8 clauses 1-17 as well as in Art. II Executive, Art. III Judicial Art. I Sec. 8 clauses 1-17 as well as in Art. II Executive, Art. III Judicial

Implied Implied Powers = not expressly stated in the Constitution; helps make Powers = not expressly stated in the Constitution; helps make expressed powers work…i.e., Congress establishes a civil service expressed powers work…i.e., Congress establishes a civil service system to hire federal workers, military draft in order to raise army, and system to hire federal workers, military draft in order to raise army, and EPA EPA known as the “elastic clause” Art I Sec 8 Cl 18known as the “elastic clause” Art I Sec 8 Cl 18

ConcurrentConcurrent Powers =shared powers, i.e. establish courts, taxation, borrow Powers =shared powers, i.e. establish courts, taxation, borrow $$

ProhibitedProhibited powers = denied to both feds and states powers = denied to both feds and states (feds cannot tax exports, states cannot make treaties)(feds cannot tax exports, states cannot make treaties)

Who shall rule in conflicts between feds & states?Who shall rule in conflicts between feds & states?Art VI - Supremacy Clause Art VI - Supremacy Clause Implied powers of national gov’t upheld with: Implied powers of national gov’t upheld with:

McCulloch v. Maryland McCulloch v. Maryland - helped establish - helped establish “necessary “necessary and proper” clause (elastic clause) gave and proper” clause (elastic clause) gave Congress Congress power to enact policies not specifically power to enact policies not specifically listed (National listed (National Bank) and states cannot tax federal Bank) and states cannot tax federal institutions. institutions. Validates the supremacy of the Validates the supremacy of the national govt. over the national govt. over the states when in conflict. states when in conflict. (Marshall Court)(Marshall Court)Commerce power of national gov’t extended with: Commerce power of national gov’t extended with:

Gibbons v. Ogden Gibbons v. Ogden - - commerce includes the commerce includes the production, production, buying, selling, and transporting of buying, selling, and transporting of goods and services. goods and services. Congress regulates all Congress regulates all interstate and international interstate and international commerce. (Marshall commerce. (Marshall Court)Court)

Constitutional UnderpinningsConstitutional Underpinnings

Constitutional UnderpinningsConstitutional UnderpinningsDual Federalism –”layer cake”; national and state govt remain

supreme within their own spheres of operation (feds foreign policy, states public schools) Characterizes the nation/state relations before New Deal!

Cooperative Federalism- “marble cake”; national and state govts work together to complete projects (interstate highway system)

Fiscal Federalism- the pattern of spending, taxing and providing grants from national to state govts; Why share the money?Grant-In-Aid - one level of gov’t pays for another level’s project

Categorical grants – $$ for specific projects w/strings attached ($ for wastewater treatment plants) feds have some power in decisions

Formula grant- Do you meet the formula? i.e. public housing, employment programs

Block grant – funds for general spending areas; made for a broadly defined purpose (homeland security or community development) states have more discretion/power in decisions

Mandates – Federal law that sets specific guidelines for all citizens that the states must comply to AND if they don’t state could be penalized by loss of funding (i.e. raise drinking age to 21 or lose highway funding, Disability Act, Clean Air Act)Unfunded mandates - laws w/o funding for state and locals to provide services and could be penalized if not followed (NO $$$)

Constitutional Constitutional UnderpinningsUnderpinnings

Devolution- refers to the movement to transfer responsibilities of governing from the feds to the states/locals (starts with Reagan in the 1980’s)Welfare Reform of 1996 (TANF) gave the states $$ to run their own welfare programs with wide discretion in implementation from welfare to work programs (Clinton and Congress)

Advantages of Federalism:~promotes diverse policies that encourage experimentation and creative ideas~provides multiple power centers making it difficult for any one faction or interest group to dominate policies~keeps the govt close to the people by increasing opportunities for participation

Disadvantages of Federalism: ~promotes inequality because states differ in resources provided to services~enables local interests to delay or even thwart majority support for a policy~creates confusion because the different levels of government make it difficult for citizen to know what different governments are doing

Political Culture, Ideology, Socialization & Political Culture, Ideology, Socialization & MediaMedia

Political Culture – a set of widely shared political beliefs and values; deep rooted ideals that shape our perception of political issues

Political Opinion – a specific view about a particular issue or eventPublic Opinion – attitudes about institutions, leaders, political issues and

events

USA Core values?~liberty/freedom ( speech, religion are fundamental parts of American culture~equality (all adult citizens should have equal voting rights; equal treatment before the law; and equality of opportunity to succeed in life~individualism (respect for the dignity of each other and having the power to make your own decisions ~democracy (consent of the governed, majority rule, respect and protect the rights of the minority, support your local community)

Mistrust of Govt?~since 1950 we have become less trusting of govt leaders and institutions~linked to a corresponding decline in political efficacy (belief that your participation really matters)

Political Culture, Socialization, Ideology & Political Culture, Socialization, Ideology & MediaMediaSocializationSocialization of the American constituent is a of the American constituent is a

continuing process which helps form political continuing process which helps form political values and passes them from one generation to the values and passes them from one generation to the nextnext

Agents of SocializationAgents of Socialization::~~FamilyFamily – the most important agent! And children – the most important agent! And children raised in homes where both parents ID with the raised in homes where both parents ID with the same party are likely to see child with same party same party are likely to see child with same party label label (early(early socialization)socialization)

~~Education/SchoolEducation/School – help teach processes, rituals – help teach processes, rituals and values from K-12; College grads have higher and values from K-12; College grads have higher level of political participation than do other level of political participation than do other AmericansAmericans~~Community, Peers and Social Groups, MediaCommunity, Peers and Social Groups, Media – race, religion, gender, income, Social Economic – race, religion, gender, income, Social Economic Stratification (SES) especially as one grows olderStratification (SES) especially as one grows older (continuing socialization)(continuing socialization)

Political Culture, Socialization, Ideology & MediaPolitical Culture, Socialization, Ideology & Media

Liberals v. ConservativesLiberals v. ConservativesPolitical Ideology – a cohesive set of beliefs about politics, public

policy, and role of govt (studies show only 20% vote according to the lines)

LiberalLiberal ConservativeConservativesupports political reform supports expansion of militarysupports social reform supports free market solutionsgovt. regulation of economy less govt regulation of businessexpand programs for the poor supports school prayer

women, minorities opposes expensive social/welfare programssupports national health caresupports abortion rights opposes abortion rightsopposes increase in military spending opposes national health care opposes school prayer

Political Culture, Socialization, Ideology & Political Culture, Socialization, Ideology &

MediaMedia Liberals v. Conservatives Liberals v. Conservatives

Centrist/Moderate policies usually winCentrist/Moderate policies usually win

Many voters have moved to middle Many voters have moved to middle

a a dealignmentdealignment of Party Identification of Party Identification (party members are not loyal)(party members are not loyal)

Reagan era shift to the Reagan era shift to the rightright,,

Clinton era shift to the Clinton era shift to the leftleft, ,

then to the then to the middlemiddle. . .. . .

Bush era shift to the Bush era shift to the rightright

Obama era shift to the Obama era shift to the leftleft

America’s DemographicsAmerica’s Demographics: Who are : Who are we?we?

Census - every 10 yearsCensus - every 10 yearsMinorities are influencing the great melting pot Minorities are influencing the great melting pot By 2050 - Whites will be only 52% of society By 2050 - Whites will be only 52% of society Who is the largest minority? Who is the largest minority? HispanicsHispanics (sleeping (sleeping giant)giant)

GRAY POWERGRAY POWER - Baby boomers graying rapidly. How has - Baby boomers graying rapidly. How has this impacted the political landscape?this impacted the political landscape?

They wish to collect their $5 trillion in Social They wish to collect their $5 trillion in Social Security Security benefits! Powerful Interest Group too benefits! Powerful Interest Group too (AARP)(AARP)

How has the shifting of America from Frost Belt/Rust How has the shifting of America from Frost Belt/Rust Belt to Sun Belt impacted? Belt to Sun Belt impacted? SW, SE and Texas have had dramatic population SW, SE and Texas have had dramatic population increases, 20% growth rates, while North has 5% or increases, 20% growth rates, while North has 5% or less in Congress + reapportionment; Electoral votes;less in Congress + reapportionment; Electoral votes;

Red Red + + Blue Blue states and states and Swing statesSwing states……

Political Culture, Socialization, Ideology & Political Culture, Socialization, Ideology & MediaMediaHow does one gauge America’s pulse? POLITICAL How does one gauge America’s pulse? POLITICAL

POLLSPOLLS- the more “random” the better. . .everyone has a chance - the more “random” the better. . .everyone has a chance of being selectedof being selected- scientific polling defines the population to be surveyed, - scientific polling defines the population to be surveyed, does random sampling, designs questions that avoids does random sampling, designs questions that avoids bias, uses telephone or face-to-face interviewing bias, uses telephone or face-to-face interviewing procedures and analyzes and reports the dataprocedures and analyzes and reports the data

How do Polls assist democracy and politicians?How do Polls assist democracy and politicians?- detect public preferences and its opinions on key issues- detect public preferences and its opinions on key issues- critics charge that polls can be used to manipulate public - critics charge that polls can be used to manipulate public opinion too! be careful of the opinion too! be careful of the bandwagonbandwagon effects. . . effects. . .jump jump onon boardboard. . .instead of doing what’s right! Issues that . . .instead of doing what’s right! Issues that appear to be popular or the popular candidate for the appear to be popular or the popular candidate for the moment…moment…

What is an Exit poll ?What is an Exit poll ?- question voters after they vote - question voters after they vote Problems…can control elections, east closing before west Problems…can control elections, east closing before west coastcoast

Democratic process is based on an informed citizenry and polls Democratic process is based on an informed citizenry and polls reveal an alarming lack of public knowledge about the reveal an alarming lack of public knowledge about the American political system.American political system.

74% can name the 3 stooges but only 42% can name the 3 branches!!!74% can name the 3 stooges but only 42% can name the 3 branches!!!25% could name their 2 Senators and less than 50% knew the first 10 25% could name their 2 Senators and less than 50% knew the first 10

amendments were called the Bill of Rights!!!amendments were called the Bill of Rights!!!

Mass MediaMass MediaKey functionsKey functions::

Provide news reportsProvide news reportsCreate political forums - politicians use the media to promote Create political forums - politicians use the media to promote their their careers and draw public attention to their issues; careers and draw public attention to their issues; President has President has direct access to the media and set policy direct access to the media and set policy agenda easily; “bully agenda easily; “bully pulpit” impact pulpit” impact Acts as a Acts as a Linkage InstitutionLinkage Institution – it connects the government – it connects the government officials to the officials to the citizens by interviewing citizens, presenting citizens by interviewing citizens, presenting poll results, and poll results, and covering protestscovering protests

Types of Mass MediaTypes of Mass Media::Newspapers – readership has steadily declined; today 20% Newspapers – readership has steadily declined; today 20% regularly regularly purchase paperpurchase paperMagazines – readership has fallen sharply as a result of the Magazines – readership has fallen sharply as a result of the InternetInternetRadio – most stations devote little time to reporting political Radio – most stations devote little time to reporting political news; some news; some syndicated talk shows have begun to play a syndicated talk shows have begun to play a prominent and prominent and controversial role in controversial role in discussing political issuesdiscussing political issuesTelevision – 98% of Americans own tvs! Presidential debates Television – 98% of Americans own tvs! Presidential debates aired since aired since 1960; some networks facing decline as more view 1960; some networks facing decline as more view cable / Internetcable / InternetInternet – rapidly becoming a key source of info for the Internet – rapidly becoming a key source of info for the electorate; electorate; especially popular with the under 30 crowd; some especially popular with the under 30 crowd; some sites post sites post extensive info on political issues and policy extensive info on political issues and policy makers (Politico.com); makers (Politico.com); Blogs create rapid communication Blogs create rapid communication with public and govt. with public and govt. policymakers toopolicymakers too

Mass MediaMass Media1st amendment provides incentive to report the “news” 1st amendment provides incentive to report the “news”

- Often politicians “make” news to get on news (free!)Often politicians “make” news to get on news (free!)- ““Spin Masters/Doctors”? person hired specifically to Spin Masters/Doctors”? person hired specifically to

promote the image of the candidate! promote the image of the candidate! Competition in the media has forced them to be more Competition in the media has forced them to be more

aggressive & “bend” the journalistic rules of using aggressive & “bend” the journalistic rules of using reliable sourcesreliable sources

““Sound bites” of 8 seconds in length and great images Sound bites” of 8 seconds in length and great images take over the media venuestake over the media venues

Candidate centered campaigns are the focus of the Candidate centered campaigns are the focus of the media instead of focusing on the issues; (media instead of focusing on the issues; (horse racehorse race journalism journalism which emphasizes standing in the polls which emphasizes standing in the polls instead of where they stand on the issues)instead of where they stand on the issues)

Political ParticipationPolitical ParticipationFederal laws and Constitutional Amendments have eliminated

restrictions on the right to vote and have expanded the electorate

Federal laws and Constitutional Amendments have reduced the power of the states over a citizen’s right to vote too! 15th Amendment – no voting restrictions based on race; some states impose literacy tests, poll tax, grandfather clause, to keep citizens from polls (1870)19th Amendment – no voting restrictions based on gender (1920)23rd Amendment – DC gets 3 electoral votes (1961) 24th Amendment – no poll taxes or any tax as a qualification of voting(1964)Voting Rights Act of 1965 – prohibit any govt from using voting procedures that denied a person the right to vote on the basis of race; abolishes literacy test; protects voters in states where there is a history of discrimination by allowing poll watchers to be present on election day 26th Amendment – 18 year olds may vote (1971)

Political ParticipationPolitical ParticipationFactors that influence turn-out and voter choices:

EducationEducation- more education, more likely to vote! As the level of education increases the % of Republican votes increase (except for 2008 election where slightly more college aged voters participated)IIncomencome – more income, more likely to vote! Historically voters with lower incomes are more likely to support Dems while voters with higher incomes tend to vote Reps. (election 2008, voters with incomes of $50,000 or more were split between the candidates) SES – socioeconomic statusAgeAge – older folks are more likely to vote than younger folks. Turn-out among voters age 18-24 is the lowest. Younger votes tend to vote with the D’s and older voters tend to support R’sGenderGender – women vote at a higher % than men and tend to favor D’swhile men favor R’s (GENDER GAP)(GENDER GAP) ReligionReligion – Catholic and Jews tend to vote more than Protestants and vote with the D’s; Protestants tend to support R’s and vote lessRaceRace – whites tend to have higher turn-out rates than Blacks and Hispanics and other groups; If you remove income and education stats show that Blacks have the highest rate of turn-out! Blacks vote with the D’s since FDR’s election and vote with liberal perspective

Political ParticipationPolitical ParticipationWhat about the nonvotersnonvoters?

Only about 60% of eligible voters actually voted in 2008 electionVoter turn out rate in US is lower than most other Voter turn out rate in US is lower than most other western democracies western democracies

Factors that decrease turn-outdecrease turn-out?Voter Registration-Voter Registration- all states except ND have registration laws; 2 step process (must register, then can vote)2 step process (must register, then can vote) states do this to reduce fraud; Motor Voter Act 1993 easier voter registration by allowing citizens to register while applying for/renewing driver’s licenseDecline in political efficacy-Decline in political efficacy- more citizens feel that their vote does not make a difference; rising levels of cynicism and mistrust in govt have combined for lower turn-out ratesFrequent elections- our federal system produces more elections than any other modern democracy; voter fatiguevoter fatigue! Too many candidates and issuesWeekday, nonholiday voting time-Weekday, nonholiday voting time- many other democratic nations vote on weekends and holidays to allow for max opportunity for citizens to get out to vote

Political ParticipationPolitical Participation

Forms of political participationForms of political participation or how to or how to increasing increasing political efficacypolitical efficacy::

- - Join Interest GroupsJoin Interest Groups (conventional (conventional participation)participation)

- - Give $$$Give $$$ to Interest Groups thru PACS to Interest Groups thru PACS

- - Contacting gov’t officialsContacting gov’t officials on a regular on a regular basisbasis

- - Working on a campaignWorking on a campaign

- - Civil disobedienceCivil disobedience (unconventional (unconventional

participation) participation)

Political PartiesPolitical PartiesFunction of Parties:

~Recruit and nominate candidates for office~Run campaigns~Establish an image~Articulate policies and Coordinate policymaking~Serve as a linking institution that connects citizens to govt by providing info and mobilizing voters

Party Organization includes national leaders, state chairpersons, county chairpersons, and other party activists. REMEMBER that the national, state and local party REMEMBER that the national, state and local party organizations are organizations are INDEPENDENT and NOT CENTRALLY INDEPENDENT and NOT CENTRALLY CONTROLLEDCONTROLLED!!

Two-party system (USA is one of 15 nations with strong 2-party system)Historically start with - Federalists v. Anti-FederalistsEvolved…Democrats v. Republicans

3rd parties have popped up…BUT….

Political PartiesPolitical PartiesWhy 2 party systemWhy 2 party system??

~Strong consensus on core political values (freedom, equality…)~Single member districts (almost all elections are set up with one candidate to win with the most votes (plurality vote) encourages the 2 party system~Legal Barriers to Third Parties –D’s and R’s are automatically on state ballots while minor party candidates must get voters to sign petitions of support to get on ballot~Tradition is hard to change…since 1800 Federalists and D-R’s

Party ErasParty Eras Era - a historical period dominated by one partyCritical Election – a national crisis forces voter to confront divisive issues that fracture party coalitions and significant groups of voters change their party loyalty (civil war, economic depression)Party realignment – triggered by a critical election; majority party displaced by the minority party and brings in a new era of control

Political PartiesPolitical PartiesFirst Party System 1796-1824First Party System 1796-1824

-Federalists led by Alex Hamilton; strong federal govt and a national bank to grow commercial, manufacturing, and financial businesses-Democratic-Republicans (D-R’s) led by Thom Jefferson and James Madison; supported limited federal govt and opposed a national bank; coalition of farmers, shopkeepers, laborers, and planters

Jackson and the Democrats 1828-1856Jackson and the Democrats 1828-1856-Democratic Party led by Andrew Jackson support expanding suffrage for all white males, oppose the national bank with a coalition of frontier pioneers, small farmers from S and W -Whigs are led by Henry Clay and Dan Webster support high tariffs and national bank. Whigs were merchants, industrialists, owners of large plantations

Political PartiesPolitical PartiesRepublican Era 1860-1928Republican Era 1860-1928

-Slavery dominates the political scene in the 1850’s and split the D’s and sees the Whigs die out…-Republican Party emerges led by Abe Lincoln; 1860 1st CRITICAL ELECTION; minor party goes to major party status-Democrats are dominate in the south (Solid South) for the next 100 yrs-1896 2nd CRITICAL ELECTION; R’s William McKinley and the industrialists/gold standard are the issues and hold R’s in power until Great Depression

FDR and New Deal Coalition 1932-1964FDR and New Deal Coalition 1932-1964-D’s led by FDR end the R’s dominance under the 3 R’s of the New Deal (relief,recovery,reform)-New Deal Coalition includes urbanites, labor unions, Catholic, Jews, Southerners, Blacks (realignment with the Blacks and urbanites who were with the R’s); missing? Northern business leaders and wealthy industrialists

Political PartiesPolitical PartiesDivided Government 1968-PresentDivided Government 1968-Present

-Republican dominance in Presidential politics begins in 1968 (with the exception of Jimmy Carter) until 1993. Party realignment gradually occurs in the South with R’s gaining more seats in the HR and S. -Nixon’s election marks the beginning of a new pattern of divided govt where for the 1st time in 20th century the Pres is of one party and the Congress is of the other! 1969-2010 same party has controlled the presidency and both houses of Congress for only 12 years of the 41 years!

What are the consequences of divided government?What are the consequences of divided government?-heightened partisanship made it difficult for moderates to compromise-gridlock! Slows down the confirmation process for Pres and legislative process overall-public is frustrated w/national govt. which leads to a decline in trust and confidence

Overall a % of voters who identify with the R’s and D’s has dropped as more call themselves Independents. More “split-

ticket” voters and this causes party dealignment!

Political PartiesPolitical PartiesMinor Parties in USA:

~ Ideological – Socialist, CommunistIdeological – Socialist, Communist

~ Single Issue – Free Soilers, Know Nothings, Right to ~ Single Issue – Free Soilers, Know Nothings, Right to LifeLife

~ Farmer-Labor Protest – Populists ~ Farmer-Labor Protest – Populists

~ Bolter Parties – Progressives, American Independent ~ Bolter Parties – Progressives, American Independent

Obstacles for minor party candidatesObstacles for minor party candidates:

~winner take all format for electoral college~winner take all format for electoral college

~candidates are excluded from debates~candidates are excluded from debates

Importance and ImpactImportance and Impact:

~express strong views on controversial issues~express strong views on controversial issues

~often push major parties to adopt their ideas~often push major parties to adopt their ideas

~can be the “spoiler” by affecting the outcome of an ~can be the “spoiler” by affecting the outcome of an election (1992 Ross Perot ; 2000 Green Party Ralph election (1992 Ross Perot ; 2000 Green Party Ralph Nader)Nader)

Party MachinesParty Machines Each state manages its own operation - a

decentralized and fragmented system. Patronage dominated - the good old

boy/old girl clubs. Party regulars can become gov’t appointees…now civil service system makes it competitive

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

It seems to last fffoooooorrrevvvvverrrrr! It seems to last fffoooooorrrevvvvverrrrr!

Nomination ProcessPresidential Caucuses & PrimariesPresidential Caucuses & Primaries

~Early 1800’s Congressional caucuses selected Presidential candidates~1830’s political party conventions nominate (Whigs and Democrats)~Early 1900’s state primaries - give voters a greater role in nomination process~Today 40+ states use primaries between Jan-May of election year (NH is 1st) and the rest use the caucus method (Iowa is 1st) ~only about 25% of citizens cast ballots in primaries (party activists who are older and wealthy compared to the general election voter)

Party Conventions Party Conventions (every 4 years in summer of(every 4 years in summer of election election year)year)~Formally name the party’s Pres/Vice Pres candidates~Adopt party platforms~Attempt to unify the party and generate publicity

Campaign Spending and Reform

Federal Election Reform Act of 1974Federal Election Reform Act of 1974-Created the Federal Elections Commission (FEC) to administer and enforce campaign finance laws-Provided partial public funding for presidential primaries -Provided full public funding for major party candidates in general election-Placed limits on individual contributions to presidential candidates (hard money goes directly to candidate) and for PAC’s

Buckley v. Valeo (1976)Buckley v. Valeo (1976)-SCOTUS said part of the Federal Election Reform Act is unconstitutional, cannot limit the amount of $$ an individual gives to their own campaign-This is a 1st Amendment right of free speech (can talk issues tirelessly to advocate own election)

Campaign Spending and Reform

Soft Money – unregulated donations to parties for “party building expenses” begins to flow especially in commercials…”I support this message” ads ($$ does not go directly to the candidate)

Bipartisan Campaign Act 2002 (McCain Feingold Act)-Bipartisan Campaign Act 2002 (McCain Feingold Act)- bans soft $$ contributions

527 groups-527 groups- a tax exempt organization created to influence the political process and they are not regulated by the FEC because they do not coordinate with a candidate or party; they deliver a messages on issues (typically negative ads)

Electoral CollegeElectoral College Why created?Why created?

~To safeguard the Presidency from direct popular vote!~Allow small states to have a voice in the election as well as the large states

How does it work?How does it work?~Each state has electoral votes based on the # of seats in Congress and DC gets 3 (minimum votes) 23rd Amendment for a total of 538 votes~270 to win! Separate ballots for Prez and Veep (12th Amend)~If a tie or no winner, House picks Prez and Senate picks Veep~Electors are chosen by the party that wins the state in the Nov. popular vote (winner-takes-all) or 2 states today allow proportional electoral split ( ME & NE)

Electoral CollegeElectoral CollegeConsequences of winner-take-allConsequences of winner-take-all::

-Candidate that wins the most votes wins all the state’s electoral votes-Candidates devote a disproportionate amount of time and resources in swing states (contested states)-Candidates emphasize issues that may swing a bloc of voters in a pivotal state (I oppose Fidel Castro! Cuban-Americans in FLA cheer) -Severely restricts 3rd parties from ever winning the oval office

Reasons why the electoral college has not been abolished?Reasons why the electoral college has not been abolished?Requires a constitutional amendmentCollectively benefits small states (guaranteed 3 votes)Benefits racial minorities and interest groups located in key statesThere is no consensus on how to reform it!

Bush v. GoreBush v. Gore –SCOTUS ruled recount legal, BUT 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 before December 12, when the electoral college was to meet. . .so Bush won FLA w/271 electoral votes to Gore’s 269. --Only the 4th time the winner of the popular vote lost an election!

Interest GroupsInterest GroupsGoals of Interst GroupsGoals of Interst Groups::

-Gain access to policymakers’-Influence public policy-Support sympathetic policymakers

LobbyingLobbying: the process by which interest groups attempt to influenceCongress- by testifying at congressional committees; meeting with members and congressional aides; bring influential constituents to DC to discuss policy matters with their Reps.; make campaign contributions (PAC’s)President-meet with EOP staff to influence administration; meet with regulatory agencies to draw attention to specific policy; make campaign contributions (PAC’s)Courts- take a lawsuit to the courts; amicus curiae brief (friend of the court (arguments to support one side of a case); try to influence Presidential nominations to the courts

Interest GroupsInterest Groups InfluenceInfluence gov’t at all levels, all branches. gov’t at all levels, all branches.

Political parties differ because goals are to win office & Political parties differ because goals are to win office & “make” policy, have a position on a wide range of issues, not “make” policy, have a position on a wide range of issues, not just influencejust influence

How do IGs influenceHow do IGs influence??- Provide data to Gov’t + agencies- Provide data to Gov’t + agencies- Draft legislation via the - Draft legislation via the Iron TriangleIron Triangle

or via or via Issue NetworksIssue Networks = = IGs, Gov’t agencies, and IGs, Gov’t agencies, and CongressionalCongressional subcommittees work to subcommittees work to make policymake policy ---Class action lawsuits and file ---Class action lawsuits and file amicus curiaeamicus curiae briefs = friend of the court on a specific issue/side of the suitbriefs = friend of the court on a specific issue/side of the suit- Education- Education- Watchdogs of gov’t. . . - Watchdogs of gov’t. . . - Lobbyists- “hired guns” or political persuaders whose job - Lobbyists- “hired guns” or political persuaders whose job is to promote the IG’s interests via pressure (garnering is to promote the IG’s interests via pressure (garnering votes, $$$)votes, $$$)

An explosion of IGs from business, labor, agriculture, An explosion of IGs from business, labor, agriculture, professional associations, environmental, equality groups professional associations, environmental, equality groups (NAACP), public interest group (LWV), and single issue (NAACP), public interest group (LWV), and single issue groups (NRA)groups (NRA)

Article I – Legislative Article I – Legislative BranchBranchBicameral CongressBicameral Congress – House of Reps (based on population) & Senate – House of Reps (based on population) & Senate

(being a state); fragments power and allows for checks and (being a state); fragments power and allows for checks and balances; the legislative process will encourage careful balances; the legislative process will encourage careful deliberation and compromisedeliberation and compromise

Legislate!Legislate! = Make laws, public policy = Make laws, public policyHouse initiates revenue $ bills; holds “purse strings”House initiates revenue $ bills; holds “purse strings”

OversightOversight PowersPowers= Regulate executive agencies; sets guidelines for = Regulate executive agencies; sets guidelines for agencies, holds hearings and conducts investigations, uses budget agencies, holds hearings and conducts investigations, uses budget controls, reorganizes an agency and evaluates the programscontrols, reorganizes an agency and evaluates the programs

Art.1 Sect 8Art.1 Sect 8, Clauses 1-18, Clauses 1-18 = the powers of Congress = the powers of Congress Clauses 1-17 expressed/enumerated/delegated powers and Clauses 1-17 expressed/enumerated/delegated powers and Clause #18 is the implied power, “necessary & proper”, elastic Clause #18 is the implied power, “necessary & proper”, elastic clauseclause

Congress as a career? Incumbent election rate higher in HR given Congress as a career? Incumbent election rate higher in HR given redistricting and possible gerrymandering (90%+); Senate rate of redistricting and possible gerrymandering (90%+); Senate rate of return is still high (80% range)return is still high (80% range)

Know different types of committees: Know different types of committees: standing, subcommittee, select, joint, conference, standing, subcommittee, select, joint, conference,

RulesRules

House of RepresentativesHouse of Representatives2 year terms, directly elected, 435 total (set in 1929), must be 2 year terms, directly elected, 435 total (set in 1929), must be

25 yrs old, 7 years a citizen, and resident of the state (does 25 yrs old, 7 years a citizen, and resident of the state (does not mention district in Const), formal in its operations not mention district in Const), formal in its operations (Rules Comm)(Rules Comm)

Special duties/powers=initiatesSpecial duties/powers=initiates revenue bills, brings charges revenue bills, brings charges of impeachment, chooses Prez if electoral college can’tof impeachment, chooses Prez if electoral college can’t

Who is the traffic cop on legislation? Who is the traffic cop on legislation? House Rules CommitteeHouse Rules Committee controls the flow of bills - controls the flow of bills - establishes a “rule” for each bill which schedules it (debate establishes a “rule” for each bill which schedules it (debate time, amendments) controlled by Speaker!time, amendments) controlled by Speaker!

Leadership –Leadership – Who is at the top? Who is at the top? Speaker of the HRSpeaker of the HR - only office mandated by the Constitution- only office mandated by the Constitution- presides over the House; 3- presides over the House; 3rdrd in line for Pres succession in line for Pres succession- influences committee member assignments (who goes - influences committee member assignments (who goes where)where)- appoints Rules Committee members- appoints Rules Committee members- influences bill assignments to Standing Committees- influences bill assignments to Standing Committees

Who are the other House leadersWho are the other House leaders??--Majority Party LeaderMajority Party Leader--Minority Party LeaderMinority Party Leader--Majority/Minority Party WhipsMajority/Minority Party Whips--Committee chairpersonsCommittee chairpersons

House of House of RepresentativesRepresentativesWhy incumbents win?Why incumbents win?

-Money-can raise more than challengers; PAC’s favor incumbent-Visibility/Name Recognition-Constituent casework/service –solve problems and bring home “pork barrel” projects/earmark projects/$$$ for the district-Franking privilege- free business newsletters and mailers while in office to remind constituents what they are doing in DC-Gerrymandering- districts can be deliberately drawn to help incumbent win for next 10 years…

Apportionment, Census, Reapportionment, Redistricting, Apportionment, Census, Reapportionment, Redistricting, GerrymanderingGerrymandering, , Baker v. Carr 1962Baker v. Carr 1962 (feds can rule on state lawsuits on gerrymandering or the political question doctrine) Wesberry v. Sanders 1964Wesberry v. Sanders 1964 (one person, one vote or malapportionment), Contiguous and Compact districts, Racial Gerrymandering in Reno v. Shaw 1993Reno v. Shaw 1993

House Ways and Means Committee = all taxation, tariff and revenue House Ways and Means Committee = all taxation, tariff and revenue billsbills

House Appropriations = all spending billsHouse Appropriations = all spending bills

SenateSenate6 year terms, 176 year terms, 17thth Amendment established direct election in Amendment established direct election in

1913, 100 members , 30 years old, citizen of at least 9 1913, 100 members , 30 years old, citizen of at least 9 years, and resident of the state, more prestigious and less years, and resident of the state, more prestigious and less formal in operation formal in operation (filibuster(filibuster))

NO Rules Committee-NO Rules Committee- so no timed debates, riders allowed so no timed debates, riders allowedSpecial duties/powersSpecial duties/powers – ratifies treaties and presidential – ratifies treaties and presidential

appointments; tries cases of impeachment and votes for appointments; tries cases of impeachment and votes for removal of office; selects the VP if electoral college does removal of office; selects the VP if electoral college does notnot

Leadership:Leadership:--Vice PresidentVice President - President of the Senate; can break a tie - President of the Senate; can break a tie

vote; does not debate issues on vote; does not debate issues on the floorthe floor--President Pro TemporePresident Pro Tempore – oldest of the majority party; 4 – oldest of the majority party; 4thth in in

succession to the office of the succession to the office of the PresidentPresident--Majority Party LeaderMajority Party Leader - selected by party; controls flow of - selected by party; controls flow of

bills; helps select committee appointments and chairsbills; helps select committee appointments and chairs--Minority Party LeaderMinority Party Leader --Majority/Minority Party WhipsMajority/Minority Party Whips--Committee chairpersonsCommittee chairpersons

SenateSenate-Filibuster, rule of clotureFilibuster, rule of cloture, “filibuster-proof” 60

votes,-Germane and ungermaneGermane and ungermane amendments, riders,

“x-mas tree bills”~Senate Finance Committee = revenue bills~Senate Finance Committee = revenue bills~Senate Appropriations Committee = spending bills~Senate Appropriations Committee = spending bills~Senate Judicial Committee = judicial nominees~Senate Judicial Committee = judicial nominees~Senate Foreign Relations = treaty ratification~Senate Foreign Relations = treaty ratification

Foreign policy powers of Congress:-declare war, ratify treaties, War Powers Resolution (limits Prez to contact Congress within 48 hours of deploying troops, and remove troops within 60-90 days if no declaration of war

Bill to LAWBill to LAWI. I. Introduction by member of Congress from by constituent, legislator, Introduction by member of Congress from by constituent, legislator,

president, bureaucracy… president, bureaucracy… II. II. Speaker or Senate Majority leader titles it + numbers itSpeaker or Senate Majority leader titles it + numbers itIII.III. Standing Committee action Standing Committee action

May go to a subcommittee of the standing committee - May go to a subcommittee of the standing committee - schedules schedules hearings, revises it, approves it, or kills it (pigeonholes hearings, revises it, approves it, or kills it (pigeonholes it)it)

Committee schedules hearings, revise it, approve it, kill itCommittee schedules hearings, revise it, approve it, kill itIV.IV. Floor ActionFloor Action

-Amendments can be added in Senate and possibly in House if -Amendments can be added in Senate and possibly in House if Rules committee allows themRules committee allows them--Committee of the WholeCommittee of the Whole, 100 or more members can debate , 100 or more members can debate bills. No bills. No “riders”“riders” can be added in HR but can in Senate! can be added in HR but can in Senate!--QuorumQuorum call – 218 House members needed to vote in HR; call – 218 House members needed to vote in HR;

majority passes legislation (51%); In Senate quorum is 51 and majority passes legislation (51%); In Senate quorum is 51 and votes on bills depend on rules (currently 60) votes on bills depend on rules (currently 60)

V. V. If Senate and/or House amend/revise, bill goes to If Senate and/or House amend/revise, bill goes to Conference Conference committee (approve final language of bill)committee (approve final language of bill)

VI.VI. Full House + Full Senate vote on conference committee version Full House + Full Senate vote on conference committee version VII.VII. To President for signature, veto (veto message), pocket veto, or To President for signature, veto (veto message), pocket veto, or

ignore for 10 days…ignore for 10 days…

Passing Legislation? Passing Legislation? Factors…Factors…1. Appeasing the “Chief Legislator” = 1. Appeasing the “Chief Legislator” =

PresidentPresident2. Party influence – most of the time 2. Party influence – most of the time

legislators legislators will vote party line. . . will vote party line. . . House partisanship House partisanship is stronger than in is stronger than in the Senatethe Senate

3. Who do legislators attempt to please?3. Who do legislators attempt to please?Constituency support - legislators Constituency support - legislators

are seen are seen as “trustees” (trusted to as “trustees” (trusted to decide on own decide on own merit) or delegates = merit) or delegates = representative representative politicos (decisions politicos (decisions based on constituents’ based on constituents’ wants) wants)

4. Who else do Legislators appease?4. Who else do Legislators appease?IG’s + lobbyistsIG’s + lobbyists

Federal $$$$ TreeFederal $$$$ Tree

BudgetBudget = = annual assessment of gov’t annual assessment of gov’t expenditures expenditures and gov’t revenuesand gov’t revenues

Gov’t collects $/taxes & spends it via Gov’t collects $/taxes & spends it via expendituresexpenditures

If tax allocations are higher = If tax allocations are higher = surplussurplus

If expenses are higher = dIf expenses are higher = deficiteficit

>>> Add them up it’s national >>> Add them up it’s national debtdebt,,

Trillions $$ in shortfall. . .of which 13% of Trillions $$ in shortfall. . .of which 13% of the current budget pays the current budget pays JUST the JUST the INTERESTINTEREST!!

Federal IncomeFederal Income

#1 source = Income tax#1 source = Income tax – 16th – 16th AmendmentAmendment

power to tax people via the IRS – 50%power to tax people via the IRS – 50%

#2 Social Insurance#2 Social Insurance – – FICA FICA (Fed (Fed InsuranceInsurance Contributions Act, Social Sec. Contributions Act, Social Sec.

MedicareMedicare)) - 33% - 33%

#3 Corporate tax-#3 Corporate tax- 10% 10%

#4 Borrowing#4 Borrowing - Debt load shifts burden - Debt load shifts burden to future taxpayers… to future taxpayers…

Top Three Federal Top Three Federal ExpendituresExpenditures

1. Income security costs for the elderly, 1. Income security costs for the elderly, the the poor, and the needy- Social Security poor, and the needy- Social Security Act Act 1935, Medicare Act 1965 (1/3 of 1935, Medicare Act 1965 (1/3 of federal federal budget)budget)2. National Defense2. National Defense3. Interest on the Debt3. Interest on the Debt

Congress established reforms to improve Congress established reforms to improve budget process –budget process –Budget and Impoundment Control Budget and Impoundment Control Act ofAct of 1974 (and has been amended many times)1974 (and has been amended many times)

- Fixed budget calendar- Fixed budget calendar- Created the Congressional Budget - Created the Congressional Budget

Office, CBOOffice, CBO

Article II – Executive BranchArticle II – Executive BranchPresident + BureaucracyPresident + Bureaucracy

- Roles of Pres: Chief Executive, Commander in Chief, - Roles of Pres: Chief Executive, Commander in Chief, Chief of State, Chief Legislator, Chief Diplomat, Chief of State, Chief Legislator, Chief Diplomat, Economic Planner, Chief Political Party Leader Economic Planner, Chief Political Party Leader

Administration includes Administration includes CabinetCabinet = heads of 15 exec depts. = heads of 15 exec depts. that traditionally meet & advise along with 10 key that traditionally meet & advise along with 10 key agency directors (CIA, EPA, OMB, etc.) part of the agency directors (CIA, EPA, OMB, etc.) part of the bureaucracybureaucracy

Executive Office of the Presidency (EOP – White House Executive Office of the Presidency (EOP – White House Office, VP, OMB etc.)Office, VP, OMB etc.)

Iron TriangleIron Triangle … …

how policy is really made how policy is really made →→

Article II – Executive BranchArticle II – Executive BranchFormal or constitutional requirements are 35 years old, natural

born citizen, 14 year resident of USAs Chief Executive:

-enforces nations laws, treaties, court orders (executive orders, executive privilege)-grants reprieves, pardons, amnesty, commutes sentences-appointment power with consent of Senate-power to remove or dismiss most of the officials he/she appoints (except federal judges and some independent regulatory agency heads (Fed Res )-EOP = OMB, NSC, CEA,

As Chief Legislator:-gives State of Union address to request legislation be initiated/passed-veto, pocket veto, signs bills into laws (NO line-item veto powers)

-uses media and the “bully pulpit” to focus attention on bills to the public

Article II – Executive BranchArticle II – Executive BranchAs Commander-in-chief:

-deploy troops-hire/fire military leaders-sets military strategy

As Chief Diplomat:-negotiate treaties, executive agreements-grants diplomatic recognition to nations-may use executive privilege for national security reasons

2525thth amendment and Succession amendment and Succession to the Presidency (incapacitation)

Order of Succession-Order of Succession- VP, Speaker, Pres Pro Tempore, Cabinet (State 1st)

The BureaucracyBureaucracyBureaucracy = a large, complex organization of appointed officials

-includes all the agencies, people, procedures, through which the federal government operates

Key features-Key features- hierarchical authority, job specialization, formal rules

GrowthGrowth of the bureaucracy of the bureaucracy:-spoils system= get job based on who you know not merit-civil service system= testing and merit not party loyalty

OrganizationOrganization of bureaucracy of bureaucracy:-Cabinet – 15 departments who advise Pres-Independent Regulatory Agencies –created to protect public in key sectors of the economy, Federal Reserve Board,ICC, FCC, SEC, etc.-Government Corporations – provide a service that could be provided by private sector, Post Office, TVA, Amtrak, etc-Independent Executive Agencies – most of the non-cabinet departments like NASA, EPA, CDC

The BureaucracyImplements and Regulates PolicyImplements and Regulates Policy::

ImplementationImplementation is the translation of policy goals into rules and procedures; Congress may mandate specific actions

Regulation is the use of governmental authority to control or change practices in the private sector; deregulate industry and business

President nominates to Senate key senior agency headsPresident may use executive orders to get action

accomplishedCongress controls the funding of an agency Congress oversights the agencies to be such that laws are

followed and money spent appropriately and wisely???Interest Groups from Iron Triangle or Issue Networks with

bureaucratic leaders to get policy passed

Article III – Judicial BranchArticle III – Judicial BranchFederal law + courtsFederal law + courtsFed justices selected by Pres w/ 2/3 Senate Fed justices selected by Pres w/ 2/3 Senate

approvalapprovalJudge must meet ‘litmus’ test, ideological purityJudge must meet ‘litmus’ test, ideological purity

JurisdictionJurisdiction::OriginalOriginal – trial court w/juries – trial court w/juries

(3% rulings, 97% plea bargained)(3% rulings, 97% plea bargained)AppellateAppellate – appeals, review earlier trial decisions – appeals, review earlier trial decisions

Supreme Court – 9 justices including Chief JusticeSupreme Court – 9 justices including Chief Justice- Mostly appellate cases (original/limited Mostly appellate cases (original/limited

jurisdiction)jurisdiction)- Mostly constitutional issues, civil liberties, 14Mostly constitutional issues, civil liberties, 14thth

amendment issuesamendment issues

Article III – Judicial BranchArticle III – Judicial BranchWhat gives Courts their power over Leg + Executive What gives Courts their power over Leg + Executive

decisions?decisions?Judicial reviewJudicial review gives fed courts power to “hear” federal gives fed courts power to “hear” federal questions and questions and overrule Leg + Exec branches overrule Leg + Exec branches Marbury v. MadisonMarbury v. Madison,, 1803 Judicial Review 1803 Judicial Review

Rule of 4Rule of 4Writ of certiorariWrit of certiorari - certificate from SC requesting a case be - certificate from SC requesting a case be

sent up. sent up.

Writ of mandamusWrit of mandamus – court demands ACTION – court demands ACTION

Writ of habeas corpusWrit of habeas corpus – authorities/jailers must explain – authorities/jailers must explain why holding a suspect to the suspect in person why holding a suspect to the suspect in person

Solicitor GeneralSolicitor General - assists in Appellate ct case load - assists in Appellate ct case load possibilitiespossibilities

OpinionsOpinions: majority, dissenting, concurring: majority, dissenting, concurringPrecedentPrecedent = previous rulings= previous rulings

Stare DecisisStare Decisis – ruling with precedent – ruling with precedent

SCOTUS HistorySCOTUS HistoryEarly historyEarly history focus on developmental focus on developmental

issues:issues:

Marbury v. MadisonMarbury v. Madison – – McCulloch v. McCulloch v. MarylandMaryland = Nat’l bank + Necessary + = Nat’l bank + Necessary + proper clause (implied powers) proper clause (implied powers)

Barrons v. Baltimore Barrons v. Baltimore – ruled Bill of Rights – ruled Bill of Rights did not apply to states, later overturned did not apply to states, later overturned with 14with 14thth amendment & application of amendment & application of due process clause to apply Bill of Rights due process clause to apply Bill of Rights to states = to states = selective incorporationselective incorporation

ThenThen, Economic issues , Economic issues

Most recent historyMost recent history, Social issues…, Social issues…

SCOTUSSCOTUSMost liberalMost liberal court? court?

Warren CourtWarren Court set “liberal precedents” in set “liberal precedents” in education, civil liberties, re-apportionment, education, civil liberties, re-apportionment, criminal rights criminal rights 1960’s1960’s

Burger CourtBurger Court - selected by Nixon was - selected by Nixon was moremore conservativeconservative although it set precedent with although it set precedent with Roe v.Roe v. Wade (1973)Wade (1973)

Rehnquist CourtRehnquist Court - limited rights established by - limited rights established by Warren Court, not reversal; affirmative action Warren Court, not reversal; affirmative action policies severely scrutinized (1980’s-1990’s)policies severely scrutinized (1980’s-1990’s)

Civil LibertiesCivil Liberties

Individual legal and constitutional Individual legal and constitutional protections from government found in: protections from government found in:

The The Bill of RightsBill of Rights (1-10) (1-10)

11stst - Freedom of Expression - Freedom of Expression (religious, (religious, press, speech, press, speech, assembly, petition)assembly, petition)

Privacy – (3-4)Privacy – (3-4)

Defendant’s rights (5-8)Defendant’s rights (5-8)

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

SCOTUSSCOTUSSCOTUS overturned SCOTUS overturned Barrons v. BaltimoreBarrons v. Baltimore & ruled & ruled

in in Gitlow v. New YorkGitlow v. New York 1925 1925 that states must that states must follow SOME 1st Amendment rights follow SOME 1st Amendment rights (selective(selective incorporation)incorporation)

Incorporation doctrineIncorporation doctrine - States have slowly - States have slowly come under the Bill of Rights come under the Bill of Rights

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

Have all the amendments been incorporated?Have all the amendments been incorporated?

No, 1,3,4,5,6,8 have been, 2,7,9,10 have not…No, 1,3,4,5,6,8 have been, 2,7,9,10 have not…

Selective incorporation still in action today!!!Selective incorporation still in action today!!!

Restrictions on 1Restrictions on 1stst Amendments?Amendments?

Unprotected speech include: Unprotected speech include: obscenity, defamatory speech, obscenity, defamatory speech, pornography, fighting words, seditious pornography, fighting words, seditious speech, slander speech, slander

The Press now includes cable, faxes, e-mailsThe Press now includes cable, faxes, e-mails

Freedom of assembly restrictions: Freedom of assembly restrictions: lawful + nonviolent; order maintained by lawful + nonviolent; order maintained by

time, place, manner; precise, fairly time, place, manner; precise, fairly administered and content neutral.administered and content neutral.

NO private property trespassing!NO private property trespassing!

Review Landmark Review Landmark Cases!Cases!

Civil RightsCivil Rights

Gov’t does not discriminate against us…Gov’t does not discriminate against us…

Gov’t protects us from interference by Gov’t protects us from interference by private individualsprivate individuals

Framers referred to these rights as Framers referred to these rights as

““NATURAL RIGHTS”, rights of all people NATURAL RIGHTS”, rights of all people to dignity and worthto dignity and worth

Today they are called Today they are called HUMAN RIGHTSHUMAN RIGHTS

Civil RightsCivil RightsIs the opposite of affirmative action . . . Is the opposite of affirmative action . . .

Discrimination? - denying accessDiscrimination? - denying access

1st mention of equality is 1st mention of equality is

14th Amendment14th Amendment - All will have “equal - All will have “equal protection” unless there is a “compelling protection” unless there is a “compelling public interest” to discriminate. public interest” to discriminate.

1414thth states ALL persons citizens – states ALL persons citizens –

Two clauses = equal protection & due Two clauses = equal protection & due process process

Civil RightsCivil RightsSuffrage & Civil Rights Suffrage & Civil Rights

Review minority groups’ struggleReview minority groups’ struggle

Voting Rights Act of 1965Voting Rights Act of 1965

Poll taxes (24th Amendment), Poll taxes (24th Amendment),

White primaries, gerrymandered White primaries, gerrymandered districts, districts,

all were thrown out.all were thrown out.

There is a lot more but…..There is a lot more but…..

That’s all folks!That’s all folks!GOOD LUCKGOOD LUCKYOLO!!!!!!YOLO!!!!!!