AP United States Government Study Outline PDF

AP United States Government Study Outline: Unit 2 - Interactions Among Branches of Government Unit 2 focuses on the structure, powers, and functions of the three branches of government (Congress, the Presidency, and the Judiciary), as well as the bureaucracy. How these branches interact to create, e...

AP United States Government Study Outline: Unit 2 - Interactions Among Branches of Government Unit 2 focuses on the structure, powers, and functions of the three branches of government (Congress, the Presidency, and the Judiciary), as well as the bureaucracy. How these branches interact to create, enforce, and interpret laws, as well as how they balance power through checks and balances. Resources AP Classroom - Resources Required Court Cases: Baker v. Carr (1962) - established the principle of "one person, one vote," fundamentally altering the way legislative districts are drawn in the United States Youtube Resource - Baker v. Carr Main Points Charles Baker, a Tennessee voter, filed a lawsuit against Joe Carr, Secretary of State of Tennessee, arguing that Tennessee's legislative districts had not been redrawn since 1901, despite significant population shifts. This resulted in districts with vastly unequal populations, diluting the votes of urban residents compared to rural ones. Baker argued that this violated the Equal Protection Clause of the 14th Amendment Legal Question - whether claims of legislative apportionment were justiciable (i.e., could be decided by federal courts) or were political questions outside judicial intervention. Findings The Court ruled that challenges to legislative apportionment based on the Equal Protection Clause are justiciable. This overruled previous precedents suggesting that such issues were "political questions" not suitable for judicial review. The Court did not rule on the merits of Baker's claim but sent the case back to the lower court for a decision. The ruling opened the door for federal courts to hear redistricting cases. Significance Establishment of “One Person, One Vote” - Baker v. Carr laid the groundwork for subsequent decisions (e.g., Reynolds v. Sims, 1964) that established the principle that legislative districts must have roughly equal populations, ensuring fair representation. Judicial Oversight in Redistricting - The decision expanded the judiciary's role in ensuring equitable representation and protecting individual voting rights under the Equal Protection Clause. Impact on Urban and Rural Representation - It corrected significant disparities in political power between urban and rural areas, reshaping state and congressional legislative representation across the United States. Precedent for Redistricting Challenges - The case became a cornerstone for addressing gerrymandering and malapportionment, influencing how district boundaries are drawn to this day. Shaw v. Reno (1993) - addressed the role of race in legislative redistricting. It set an important precedent regarding racial gerrymandering and the Equal Protection Clause of the 14th Amendment. Youtube Resource - Shaw v. Reno Main Points The case arose from a North Carolina congressional redistricting plan that created two majority-minority districts, one of which was an unusually shaped, narrow district stretching across the state. White voters challenged the plan, arguing that the district's shape was so bizarre that it could only be explained as an attempt to separate voters based on race, violating the Equal Protection Clause. Legal Question - Does a redistricting plan that creates districts primarily based on race violate the Equal Protection Clause of the 14th Amendment? Findings The Court, in a 5-4 decision, ruled that while race can be a factor in redistricting, it cannot be the predominant factor unless the plan meets a strict scrutiny standard. Strict Scrutiny Applied - The Court held that racial classifications in redistricting must serve a compelling governmental interest and must be narrowly tailored to achieve that interest. The case was sent back to the lower courts to determine whether North Carolina’s districting plan met the strict scrutiny standard. Significance Limits on Racial Gerrymandering - Established that racial gerrymandering is subject to strict scrutiny under the Equal Protection Clause, even if intended to enhance minority representation. Impact on Future Redistricting - Shaped how legislative and congressional districts are drawn, emphasizing that districts cannot be created with race as the predominant factor unless it is justified under strict scrutiny. Balancing Race and Representation - Highlighted the tension between the Voting Rights Act of 1965, which encourages majority-minority districts to combat racial discrimination, and the Equal Protection Clause, which prohibits racial classifications. Precedent for Redistricting Challenges - Influenced subsequent challenges to racial gerrymandering and clarified the role of the judiciary in ensuring fair and constitutional redistricting practices. Marbury v. Madison (1803) - Established the principle of judicial review, granting the judiciary the power to declare laws unconstitutional. Below is a summary of its main points, findings, and significance: Youtube Resource - Marbury v. Madison Main Points John Adams appointed several "midnight judges" under the Judiciary Act of 1801, including William Marbury as a justice of the peace. When Thomas Jefferson became president, his Secretary of State, James Madison, refused to deliver Marbury’s commission. Marbury petitioned the Supreme Court, requesting a writ of mandamus to compel Madison to deliver his commission. Legal Questions: ○ Did Marbury have a right to his commission? ○ If he had such a right, was there a legal remedy? ○ Could the Supreme Court issue a writ of mandamus to compel Madison under the Judiciary Act of 1789?  Findings The Court determined that the Judiciary Act of 1789, which authorized the Supreme Court to issue writs of mandamus, conflicted with Article III of the Constitution. Because the Judiciary Act improperly expanded the Court's original jurisdiction, it was unconstitutional. Chief Justice John Marshall declared that it is the duty of the judiciary to interpret the law and decide if a law conflicts with the Constitution. If it does, the law must be struck down. The Court could not issue the writ of mandamus, as the provision of the Judiciary Act allowing this was unconstitutional. Significance Establishment of Judicial Review - Established the Supreme Court's authority to review and invalidate federal and state laws that conflict with the Constitution. Balance of Power - Underscored the judiciary's role as a coequal branch of government, capable of checking the legislative and executive branches. Judicial Independence - The ruling affirmed the judiciary's independence by demonstrating its willingness to limit its own powers to adhere to constitutional principles. Required Foundational Documents: U.S. Constitution - Articles I-3 (Legislative, Executive, Judicial) Article I: The Legislative Branch Section 1: Establishes Congress (House of Representatives and Senate). Section 2: Details the House of Representatives (election, term length, qualifications). Section 3: Details the Senate (election, term length, qualifications, Vice President as President of the Senate). Section 4: Sets rules for congressional elections and meetings. Section 5: Governs the procedures and powers of Congress. Section 6: Addresses compensation, privileges, and restrictions on holding other offices. Section 7: Explains the legislative process (how a bill becomes a law). Section 8: Lists the powers of Congress (e.g., taxation, regulating commerce, declaring war). Section 9: Limits on Congress (e.g., habeas corpus, no ex post facto laws). Section 10: Limits on state powers (e.g., no treaties, no coining money). Article II: The Executive Branch Section 1: Establishes the presidency (term length, qualifications, election process). Section 2: Defines presidential powers (e.g., commander-in-chief, treaties, appointments). Section 3: Outlines presidential duties (e.g., State of the Union, law enforcement). Section 4: Details impeachment of the president, vice president, and civil officers. Article III: The Judicial Branch Section 1: Establishes the Supreme Court and allows for lower federal courts. Section 2: Defines the jurisdiction of the federal judiciary. Section 3: Defines treason and its punishment. Federalist No. 51 - Separation of Powers and Checks and Balances - Summary Youtube Resource - Discussion of Federalist No. 51 Purpose of Separation of Powers: Madison argues that each branch of government (legislative, executive, judicial) must be independent and have distinct powers to prevent any one branch from dominating the others. To achieve this, each branch must have its own will and the ability to defend itself from encroachments by the others. Checks and Balances: Madison emphasizes that checks and balances are essential to maintain a balance of power. Each branch should have the constitutional means and personal motives to resist overreach by the others. The system ensures that ambition counteracts ambition, preventing any single branch or individual from becoming too powerful. Human Nature and Government: Madison acknowledges human imperfection, stating that government is necessary because "if men were angels, no government would be necessary." The challenge of governance is to design a system that controls the government itself while also ensuring it serves the governed. Double Security of Federalism: Madison highlights the federal system of government as an additional safeguard. Power is divided not only among branches at the national level but also between the national and state governments. This "double security" protects individual rights by creating multiple layers of authority. Legislative Dominance and Its Checks: Recognizing that the legislative branch is the strongest because it represents the people, Madison argues for dividing it into two houses (House of Representatives and Senate) to prevent it from overpowering the other branches. Protection of Minority Rights: Madison stresses the importance of protecting minority rights against the tyranny of the majority. A large, diverse republic is less likely to have factions that can dominate because the variety of interests makes it harder for any one group to gain control. Federalist No. 70 - Discussion of Executive Departments - Summary Youtube Resource - Discussion of Federalist No. 70 Necessity of an Energetic Executive: Hamilton asserts that an energetic executive is essential for good governance. Energy in the executive ensures the ability to: ○ Protect against foreign attacks. ○ Maintain domestic order.  ○ Execute laws effectively. ○ Protect property and liberty. Qualities of an Effective Executive: Hamilton identifies key attributes of an energetic executive: ○ Unity (a single executive). ○ Duration (a sufficient term in office to execute policies effectively). ○ Adequate Support (resources and compensation to maintain independence). ○ Competent Powers (sufficient authority to fulfill executive duties). Unity vs. Plurality in the Executive: Hamilton argues strongly in favor of a single executive rather than a plural executive (e.g., a council): ○ A single executive allows for clear accountability. It is easier to identify who is responsible for decisions or failures. ○ Unity fosters decisiveness and efficiency, avoiding the delays and conflicts that arise in a plural executive. ○ Multiple executives could lead to divisions, disagreements, and weakened authority, undermining public confidence and the government's effectiveness. Checks on Executive Power: Hamilton acknowledges concerns about the potential for abuse of executive power but argues that a strong executive can be kept in check through: ○ The separation of powers (with legislative and judicial branches acting as checks). ○ The requirement of public accountability and adherence to the Constitution. ○ The possibility of impeachment and removal for misconduct. Balance Between Energy and Restraint: While advocating for a powerful executive, Hamilton emphasizes that the structure of the Constitution ensures the executive will not become tyrannical. The executive’s power is balanced by Congress’s control of funding and the judiciary’s power of review. Federalist No. 78 - Discussion of Judicial Branch - Summary Youtube Resource - Discussion of Federalist No. 78 The Judicial Branch's Role: Hamilton argues that the judicial branch is the weakest of the three branches of government because it has "neither force nor will, but merely judgment." Unlike the executive branch, it cannot enforce laws, and unlike the legislative branch, it cannot make laws. Judicial Independence: Judges must be independent to make fair and unbiased decisions. They should not be influenced by the other branches or by public opinion. Lifetime Appointments for Judges: To maintain this independence, judges should have lifetime appointments, as long as they show good behavior. This prevents them from being swayed by politics or fear of losing their job. Judicial Review:  One of the most important roles of the judiciary is to review laws passed by Congress and ensure they align with the Constitution. If a law conflicts with the Constitution, it is the judiciary's duty to declare it void. This process is called judicial review. The Constitution’s Supremacy: The Constitution is the highest law of the land, and all branches of government must follow it. The judiciary helps protect the Constitution from being undermined by the legislative or executive branches. Protection of Individual Rights: The judiciary serves as a safeguard for the rights of individuals, especially against potential abuses by the government or the majority. Key Topics and Concepts (General Overview) 1. The Legislative Branch (Congress) - Chapter 6 Questions to Consider Describe the constitutional provisions that define Congress Analyze the ability to members of Congress to represent their constituents Describe how incumbency and redistricting help members of Congress to stay in office Assess the roles of leaders, political parties, and committees in Congress Describe the Powers of Congress Describe the factors that influence how members of Congress make decisions Evaluate the strategic interactions between Congress, the president, the courts, and the people Overview of Unit Structure of Congress ○ Bicameral legislature: House of Representatives and Senate ○ Differences in terms, constituencies, and powers Powers and Functions ○ Enumerated powers (Article I, Section 8) ○ Implied powers (Necessary and Proper Clause) Legislative Process ○ How a bill becomes a law ○ Role of committees and leadership ○ Filibuster, cloture, and other procedural rules Congressional Oversight ○ Investigative power ○ Role in checking the executive branch Representation Models ○ Trustee, delegate, partisan, and politico models ○ Theories of representation (majoritarian vs. pluralist democracy) 2. The Executive Branch (The Presidency) - Chapters 7 and 8 Questions to Consider Chapter 7 Describe the constitutional provisions that provide the roots of the American Presidency Identify the roles and responsibilities of the president under the Constitution Trace the expansion of presidential power Describe the organization and functions of the Executive Office of the President Describe the relationship between the president and the public Describe the relationship between the president and the Congress Chapter 8 Outline the development of the federal bureaucracy Describe how the federal bureaucracy is organized Describe how the federal bureaucracy is staffed Identify the roles and responsibilities of the federal bureaucracy Identify the means of controlling the federal bureaucracy Roles of the President ○ Commander-in-Chief, Chief Diplomat, Chief Legislator, Chief Executive ○ Informal powers (e.g., executive orders, signing statements, executive agreements) Limits on Presidential Power ○ Checks by Congress, the Judiciary, and public opinion The Expansion of Presidential Power ○ War Powers Resolution ○ Use of vetoes and executive privilege Interaction with Congress ○ Negotiating legislation ○ Appointment and confirmation of officials 3. The Judicial Branch (The Supreme Court and Lower Courts) - Chapter 9 Questions to Consider Describe the constitutional foundations of the federal judiciary and judicial review Describe the structure of the federal judiciary Outline the criteria for nominating and the process of approving federal judges and Supreme Court justices Outline the process by which the Supreme Court makes decisions and the factors that influence judicial decision making Structure and Function ○ Federal court system (district, appellate, Supreme Court) ○ Judicial review (Marbury v. Madison) Judicial Independence ○ Lifetime appointments ○ Importance of precedent (stare decisis) Interpretation of the Constitution ○ Strict vs. loose constructionism  ○ Influence of ideological perspectives Judicial Restraint vs. Judicial Activism ○ Definitions and examples ○ Impacts on policy making 4. The Federal Bureaucracy - Chapters 8, 15 Questions to Consider Chapter 8 Outline the development of the federal bureaucracy Describe how the federal bureaucracy is organized Describe how the federal bureaucracy is staffed Identify the roles and responsibilities of the federal bureaucracy Identify the means of controlling the federal bureaucracy Chapter 15 - Social and Economic Policy Trace the stages of the policy-making process Describe the scope of the federal budget and analyze problems associated with the national deficit and debt Assess the effectiveness of the monetary policy tools used by the federal government to manage the economy Describe current U.S. policy in health care Describe current U.S. policy in primary, secondary, and higher education Describe U.S. social welfare policy and programs Review ongoing challenges in U.S. social and economic policy making Structure of the Bureaucracy ○ Departments, agencies, commissions, and government corporations ○ Role in policy implementation Powers and Functions ○ Rule-making authority ○ Administrative discretion Accountability ○ Oversight by Congress and the President ○ Role of the courts ○ Whistleblowers and public scrutiny Growth of the Bureaucracy ○ Historical development ○ Debate over size and scope