Key Terms (Concepts, People, Events, Cases etc.) PDF

**Key Terms (Concepts, People, Events, Cases, etc.):** For each of these terms, you should be able to provide (1) **an accurate and thorough definition** and (2) **an explanation of its significance or application to the course**. Certainly, it is a necessity that you define what keys term are thro...

**Key Terms (Concepts, People, Events, Cases, etc.):** For each of these terms, you should be able to provide (1) **an accurate and thorough definition** and (2) **an explanation of its significance or application to the course**. Certainly, it is a necessity that you define what keys term are throughout the course, but I (as well as the AP readers...) want to see that you explain its importance, provide some context, and apply it as well. Some of these terms you will unpack from your reading, and others we will review throughout out class time together. PLEASE NOTE: These are not stagnant terms! We will further develop them throughout the class. It is important that you review them regularly. **Terms**: **[1.1 Ideals of Democracy (Section 1.1 and 1.2 in SOAN)]** - Social Contract - When the people give their government the right to rule to maintain order and protect the rights of the people. Its significance allows an understanding of the legitimacy of government authority and the rights of the people in the society. It influences the protection of individual rights while developing the constitutional government. - Natural Rights - The right to life, liberty, and property. Rights that the government cannot take away. The form the blueprint to political systems. Help influence the creation of laws and the constitution, assuring those laws and legislation aligned with the natural laws. These laws help protect the rights of the people by the government. - Enlightenment Thinkers & Influence (in-class coverage as well) - John Locke - Creator of Natural Rights and government for the people by the people. Helped shaped democratic principles, and individual freedoms, and inspired elements of the Constitution. The idea that the people have the right to overthrow the government if the government fails to protect their rights. - Thomas Hobbes - Wrote the book "*Leviathan"*, Introduced the idea of the social contract, and argued that a strong, centralized authority is necessary to avoid the chaos of a state of nature. Helped start the discussion of the government\'s role in society. - Jean-Jacques Rosseau - Work the Social Contract, claimed that legitimate political authority comes from a social contract agreed upon by all citizens for their mutual preservation. Popular Sovereignty, the general need for the people directs the role of the state. - Popular Sovereignty - Authority of government is created and sustained by the consent of the people through elected representatives. Power to the people and not a monarch or the elite. - Republicanism - The government's authority comes from the people. Representatives from states are elected to represent the interest of the people and to govern according to the law. - How did Locke's ideas differ from Hobbes? - Hobbes believed in a strong, centralized authority to prevent chaos and maintain order. People surrender their rights to an aboslut sovereign in exchange for protection. Lock believed that natural rights and government by consent. Advocation for a government that protected the rights of the people and could be overthrown if those rights were not protected. - **Declaration of Independence** - Declared the thirteen American Colonies independence from British rule. Written by Thomas Jefferson, it outlines the colony\'s struggles during King George III's rule. Expresses principles from the Enlightenment period, individual liberty, and natural laws, and how the colonies had the right to create their government. Laid out the foundation for the new nation. Key Values Natural Rights, Government by Consent, Equality, and Right to overthrow the government. **[1.4 Articles of Confederation (Section 2.1 in SOAN)]** - **Articles of Confederation** - Focusing on weaknesses of this government structure (e.g. Shays' Rebellion). - You should be able to identify at least three major weaknesses. - Created a week central government, where most of the power was with state governments. The first constitution for the United States. Limited Central Government, State Sovereignty, no power to tax, and unanimous consent for amendments. Weaknesses from this government structure was a nonexistent army, the need for an unanimous consent from all 13 states to make changes to the amendments making it impossible, the government could not reulate foreign trade\... economic disputes to states. No executive branch to enforce laws and no national judiciary to interpret them. No central authority. Resulted in Shays' Rebellion, which highlighted the government's weaknesses. Led to the draft of the Constitution. **[1.2 Types of Democracy (Section 1.3 in SOAN)]** - Participatory Democracy - A system where the people have direct involvement in the decision-making processes seeks to involve citizens more directly in the legislative and policy-making processes. This can be achieved through referendums and citizen assemblies. It ensures that the voice of the people is reflected in their government. - Pluralist Democracy - Return to interest groups in more detail later in the Mod. - Multiple groups and organizations fight for representation in government public policy and decision-making. Power is dispersed through economic, social, and political groups instead of one centralized group. It prevents a single group from gaining dominance in the government and promotes a balance of interest. Encourages active participation from interest groups, non-governmental organizations, and advocacy groups. - Elite Democracy A small, privileged group of individuals with high social status who wield power and influence in political systems, making decisions with limited direct involvement from the people.Neglects the needs and interests of the people. **[1.3 Government Power and Individual Rights (Section 2.4 in SOAN)]** - Federalists - A group of people who supported the constitution. Believed that the states needed a strong central government to provide order and stability. Would help manage interstate relations and handle foreign affairs efficiently. Believed that a division of power and a system of checks and balances would help prevent any branch of government from receiving to much power. Alexander Hamilton. John Jay, and James Madison, wrote these papers. - Anti-Federalists - A group of people who were against the constitution. Believed that a large national government would hinder on the people's liberties and state power. They believed that the representatives that they elected would not want to relinquish the power that they had. Their biggest fear was the power that the national government would have through being able to tax and regulate interstate commerce. With the proposal of the Necessary and Proper clause it their fear. They also feared that the government\'s ability to raise a national army would be used to destroy the people's liberty. Also feared that states would lose state power and be overtaken by federalism. - **Federalist \#10** - **[Written by James Madison. How a large republic could control factions which are groups of citizens who have contrary interests of the rights of others or the community. They are avoidable but can be controlled by a well-formed republic. Larger republics make it harder for single factions to dominate or take control. Madison argues that a large republic helps provide stability and protects the rights of every citizen from factions. ]** - **Brutus \#1** - **Argued against the ratification of the U.S. Constitution. Robert Yates. Fears rose that a large central government to become tyrannical and impose on the people's liberties. The new constitution would give the federal government too much power and take power away from the states. Believed that the Necessary and Property Clause, and the Supremacy clause would allow the federal government to override state laws but lead to erosion of state sovereignty. Feared that a large government would not represent the needs and interests of the people, leading to a concentration of power. The new constitution and government could threaten the peoples personal freedom and autonomy of the states. Wanting a more decentralized form of government.** **[1.5 Ratification of the U.S. Constitution (Section 2.2 in SOAN)]** - Virginia Plan - Created by James Madison. The idea of a 3 branch government ( Executive, Judicial and Legislative) with a bicameral national legislature with 2 houses. The members of the lower house would be elected directly by the people while the members of the upper house would be representatives nominated by state legislators, chosen by the members of the lower house. Benefited states with a greater population because they would have more representation in both houses. - New Jersey Plan - Proposed by William Paterson. A unicameral legislature where state delegations would get one equal vote instead of votes based on population. Favored by the smaller states - Great (Connecticut) Compromise - Was the agreement of a new form of government that would involve both the Virginia plan and the New Jersey Plan. Resolved the issue of state representation between the bigger and smaller states. A compromise was created through a bicameral legislature where there would be 2 houses in Congress. The House of Representatives would represent those states through population. The Senate would have equal representation through two senators. - Three-Fifths Compromise - **Article 1, Section 2:** A slave aka "other person" in the constitution would count 3/5 of a person for the population of a state, when it came to state population representation. Slaves were not allowed to vote but were counted when it came to population. - Compromise on Importation - **Article 1 Section 9:** Congress could not restrict the slave trade until 1808 - Electoral College - The Electoral College directly votes on the President and the Vice President. Voters do not cast their vote directly to the President and the Vice President but to the state electors who then vote for their party's candidate. **[1.6 Principles of American Government (Section 2.3 in SOAN)]** - Federalism - The sharing and relationship of power between the states and federal government - Separation of powers - Was the spread of powers between the branches of power so that not one branch gained too much or became too powerful - Checks and balances - Powers that the branches of government have to check and stop other branches from overusing their powers or policy. - **[Ex. Under Article II, Section 2. The president has the power to negotiate treaties. The Senate has the power to ratify them under Article I, Section 3]**. - **Federalist \#51** - Was the idea of separating the government in branches to prevent one branch from gaining more power than the others. (separation of powers) This is significant because the Antifederalist feared that a national government would limit, take away or destroy the liberties of the people. This fear helped curate the idea of separation but equal. **[1.7 Relationship Between the States and Federal Government (Section 3.2 and 3.4 in SOAN) ]** - Federalism - Including Constitutional basis for Federalism(e.g. Article I, Sec. 8, Article IV and VI, Tenth Amendment, etc.) - The balance of power between state and national governments. 10 Amendment claims any power that the national government does not have goes to the state governments but also the people. Article IV, expresses federalism through full faith & credit and privileges & immunities clause. - Powers - Enumerated (or expressed) & implied - Enumerated (or expressed) power: Power that is permitted to a branch of government - Implied power: powers of the national government that are not expressed in the constitution but are implied through the necessary and proper clause. - Exclusive, reserved & concurrent - Exclusive: Powers that only the national government can use. - Reserved: Powers powers possessed by the states and the people. - Concurrent: powers given to both the national and state governments. - State Relationships - Full faith and credit clause - Constitutional Clause requiring states to have to recognize public acts, civil court proceedings and records from other states. - Privileges and immunities clause - Prohibits states from discriminating against people from other states - Fiscal Federalism (Section 3.4 in SOAN) - The national government uses grants in aid to influence states on policies in the states. - Block vs. categorical grants - Block - Grant in aid that allows state official power to decide what to do with the money. - Categorical grants - Grants in aid sent to states for a specific reason to their use. - Mandates - Orders given by the federal government that requires state governments to follow with the orders/regulations/policies. - Ex.Americans with Disabilities Act\... rederal law requires state/local government, and private business to provide accommodations to those with disabilities. - Devolution - Giving more power to state or local governments. **[1.8 Constitutional Interpretations of Federalism (Section 3.2 and 3.3 in SOAN)]** - Supremacy Clause - Establishes that the national government will overcome any disputes between the state and national government. This is significant because it shows the need of a balance of power between the states and the national government but also allows the federal government to enforce national laws. - Commerce Clause - Allows the national government to regulate interstate commerce with foreign nations and the states. This is significant because it allows the federal government to intervene in economic issues within and beyond the states. - Necessary and Proper Clause (Elastic Clause) - Allows the national government to create and pass laws needed to help complete out enumerated powers. This is significant because it allows congress to create and pass laws that are needed to express the enumerated powers that were not originally in the constitution. - 10^th^ Amendment - Powers that are not given to the national government is given to the people and the state government. This is important because it represents federalism and gives the states power over things that the federal government does not have. - 14th Amendment (Due Process & Equal Protection, more in Unit 5) - Those born in the United States are granted citizenship and are seen as citizens of the United States, and cannot be prevented from citizenship. - Types of Federalism (Dual vs. Cooperative) - Dual Federalism: Where state and national government work separately. This is significant because through dual federalism the powers of national and state governments are clear and independent. This allows a balance of power between the government and allows the state governments to work independently. - Cooperative Federalism: Where the state and national government work together. This is significant because it gets rid of the need of authority between the national and state governments but allows the governments to work on certain issues together without the need of authority between the two.. - ***McCulloch v. Maryland (1819) (3.3)*** - ***Second Bank of the United States a national bank by Congress. Maryland passed laws to tax the bank. Bank officials did not want to pay the tax, went to the supreme court. Establishing a bank was an implied power, under the necessary and proper claused which allowed them to establish the bank under its expressed powers. States also did not have the power to tax the bank.*** - ***United States v. Lopez (1995) (first two pages of 3.5)*** - ***Went to school with an unloaded gun and ammunition\... plan to sell it*** - ***Charged under texas law\... prohibited guns in schools\... charged with violating the federal Gun-Free School Zones Act of 1990*** - ***Lopez claimed the act was unconstitutional, congress did not have the power and went over their enumerated powers. Congress claimed thatthrough the commerce clause, the government could regulate firearms. The Supreme Court ruled that guns in school did not have anything to do with interstate commerce. This is significant because if everything was commerce, than it would limit the power of the state government and increase the power of national government. Straining the relationship and power between state and national government.*** For these terms related to the Constitution, we will develop them throughout the course. For now, provide just a basic overview, but make sure to build on them as we delve deeper. You can use 2.3 & 2.3 in SOAN and in-class materials to start you off. - **U.S. Constitution** - House of Representatives - One of the two houses in Congress. Based on state population, a certain number of representatives are elected by each state. These representatives serve every 2 years. - Senate - One of the two houses in Congress. Not based on population. Each state elects 2 senators and they serve for six years. - Electoral College - The Electoral College directly votes on the President and the Vice President. Voters do not cast their vote directly to the President and the Vice President but to the state electors who then vote for their party's candidate. - Articles of the Constitution - Outlines the powers of the national government. 7 articles. Formed the foundation of the U.S. government. - Amendments to the Constitution - Article V -- Amendment Process - **2 ways** - **By 2/3 vote in both the House of Representatives and the Senate or by a National Convention called by Congress at the request of 2/3 of the state legislatures. Once proposed an amendment has to be ratified. ¾ of state legislatures have to vote on it or by a convention in ¾ of the states.** - **Bill of Rights** - **Created through the fear and request of the Antifederalist. A list of liberties and rights that the government could not take away from the people.** **Key Terms (Concepts, People, Events, Cases, etc.):** For each of these terms, you should be able to provide (1) **an accurate and thorough definition** and (2) **an explanation of its significance or application to the course**. Certainly, it is a necessity that you define what keys term are throughout the course, but I want to see that you explain its importance, provide some context, and apply it as well. Some of these terms you will unpack from your reading, and others we will review throughout out class time together. PLEASE NOTE: These are not stagnant terms! We will further develop them throughout the class. It is important that you review them regularly. **Terms**: **[5.8 Electing a President and 5.9 Congressional Elections (Section 14.3 and 13.4 in SOAN)]** - **Nomination Process** - **Declared candidates from the same party fight for the party's nomination. Primaries or caucuses are held. This is where the people vote for a delegate who would represent the candidate they want for their party's in the presidential election. A Convention is then held the summer before election and the party** - **Delegates & Superdelegates** - **Delegates are individuals chose or appointed to represent others at political conventions. Carry the responsibility of voting, making decisions, or expresses opinions of the people** - **Superdelegates are types of delegates in the Democratic party who have the freedom to support any candidate for the party's presidential nomination... role is to provide stability and guidance in the nomination process** - **Caucus system** - **A way of selecting political candidates where party members gather at local meetings to discuss, debate and vote on their preferred candidate. There are no ballets and participants openly show support for a candidate.** - **National Conventions** - **Held during the summer of election year. Delegates from each state represent the party member 'schoices to nominate their candidate for president.** - **Primaries vs. General Elections** - **Primaries nominate presidential candidates. General elections choose the president and vice president of the united states** - **Super Tuesday** - **Vote day** - **Front-Loading** - **When states schedule primary elections or caucuses earlier in the presidential nomination season. States hope to gain more influence in the nomination process. Media coverage, momentum and candidates chances.** - **Swing & battleground states** - **Swing** - **A state where levels of support for the parties are similar and elections swing back and forth between the parties** - **Battleground** - **A state where the polls show a close contest between the republican and democratic candidate in a presidential election** - **Electoral College** - **A constitutionally reqiored \[rpcess for selecting the president through the slates of electors chosen in each state, who are pledged to vote for a nominee in the presidential election** - **Midterm elections (more in-class)** - **Held halfway through the presidents 4 year term. Voters vote for congress members. House reps, state and local officials. Midterms help maintain balance in the power of congress.** - **Candidate-centered Campaigns** - **A trend in which candidates develop their own strategies and raise money with less influence from the party elite.** - **Incumbency (pg. 119-121 in SOAN)** - **The status of currently holding a political office. Have advantages recognition and support networks.** **[5.11 Campaign Finance (Chapter 13 Prologue and 13.5 in SOAN) (and in-class)]** - **Political action committees (PACS)** - **Groups that collect and donate money to support political candidates or causes. Formed by individuals, organizations, or businesses to influence elections by financially backing candidates who align with their interests.** - **Federal Election Commission** - **A government agency that oversees and enforces laws about federal election funding and spending. Monitors campaign contributions, expenses and works to prevent illegal use of campaign funds.** - **Types of money** - **Hard** - **Political contributions that are regulated by law and subject to limits given directly to candidates campaign** - **Soft** - **Contributions to political parties that are not regulated by federal law and not subjected to contribution limits. Cannot be directly used to support specific candidates in federal elections** - **Dark** - **Political spending by organizations that do not have to disclose their donors. Non-profits can spend unlimited amounts on political activities without revealing the source of the money** - **Bipartisan Campaign Reform Act (BCRA)** - **McCain Feingold Act, is a law passed in 2002 that aimed to regulate campaign financing in federal elections. It sought to limit soft money contributions to political parties and restrict certain types of political parties and restrict certain types of political advertising before elections. Reduce the influence of money in politicals.** - ***Citizens United v. Federal Election Commission (2010)*** - ***Government cannot limit independent political expenditures by corporations and unions stating that such spending is a form of protected free speech under the First Amendment. Led to increase political spending and the rise of super PACS (raise and spend unlimited money)*** **[5.12 The Media (Chapter 16 Prologue, 16.1 and 16.3 in SOAN) and 5.13 Changing Media (in-class)]** - **Types of media** - **Big Three/Big Four networks, internet and social media, podcasts etc.** - **FOX, ABC, NBC, twitter, facebook, tiktok, linkage institution** - **Mass media: information designed to reach a wide audience** - **Wire service: an organization that gathers and reports on news and then sells the stories to other** - **Investigative journalism: an approach to newsgathering in wich reporters dig into stories, often looking for instances of wrongdoing** - **Roles of media** - **Horse-race journalism, scorekeeper, gatekeeper, watchdog, adversarial press** - When the race is neck to neck... making it more suspenseful but gets more viewers - How officials accountable for what they did and what they did not do - Decides what is important and what is not important... the stories that matter the most. - Examine corruption, suspect dealings with high end officials - Free to challenge officials. - **What has happened to the number of media choices and how has it impacted programming and news consumption?** - **Political echo chambers** - **Being surrounded by opinions and beliefs that reinforce their existing views** - **Political polarization** - **The divide between opposing sides through political attitudes or ideologies** - **Federal Communications Commission (FCC)** - **Regulates communication by radio, television, wire, satellite, and cable. Ensures that all Americans have access to reliable and affordable communication services and protect the public interest in communication** - **Misinformation & Disinformation** - **Misinformation: false misleading information that is shared without harmful intent. May believe it is true or may not know that it is false** - **Disinformation: deliberately false information spread with the intent to decive or manipulate people. Influence public opinion.** AP Gov Mod 4 Quiz 1 - Voting - State Governments -- determine how elections will run and who can vote - National gov- ensures enforcement of amendments + civil rights legislation - **Franchise --** The right to vote - Voting Models - **Rational Choice --** vote based on what the person wants in their gov - **Retrospective --** how candidate did in the past - **Prospective** **-** predictions of how candidate will do in future - **Party Line --** voting for all candidates of one political party - Voter Turnout - Structural barriers -- policy or lay - Voter ID laws, registration, access to ballot - Political Efficacy - Does my vote matter - Demographics - Age, sex, race, education, religion - Type of Election - Presidential or Midterm/local - Poll tax - A payment required by a state or federal government before a citizen is allowed to vote - National Voter Registration Act 1993 (motor-voter law) - Simplified the voter registration process and enhance voter turnout/participation - Amendments - 14^th^ Amendment -- granted U.S citizenship to former slaves - A state shall not violate a citizens privileges or immunities - Due Process Clause- states must follow fair legal procedures when depriving someone of life, liberty, or property - Equal protection clause -- prohibits states from denying any person within their jurisdiction the equal protection of the laws - 15^th^ Amendment -- Everyone can vote women and black people - 17^th^ Amendment -- Senate should be made of 2 senators from every state - 19^th^ Amendment -- Woman can vote - 23^rd^ Amendment -- People in D.C can vote and gives them electors - 24^th^ Amendment -- No poll tax or income tax during elections - 26^th^ Amendment -- Lowered the voting age to 18 - Civil Rights Act (1964) - Prohibited discrimination and segregation - Voting Rights Act (1965) - No more literacy test - Prohibited discrimination in voting - **[Perdurance --]** fed gov. most be informed of and approve any changes to voting laws **Congress** - Makes laws and runs federal budget - **Federalist 51 -- by James Madison to support Constitution** - Separation of Powers - Checks and Balances - Article 1 - Structure of Congress - Bicameral -- 2 separate chambers - Differences between House & Senate **Article I and Differences between House and Senate** **House of Reps** **Senate** -------------------------------------------------------------------- ----------------------------------------------- Represented by population Represented equally (2 per state) 435 members 100 members More connected to people they're representing Less connected to people they're representing Must be 25 years old Must be 30 years old 2-year term 6 year term More responsive to the people as they are always up for reelection Unlimited debates Limited debates Get more done Typically, less bipartisanship than Senate Insulated from public pressure **Specific Powers of Congress** Senate House of Reps --------------------------------------------------------------- ------------------------------------------ They try cases of impeachment Initiate cases of impeachment Confirm all presidential nominations ex: cabinet + fed judges All revenue bills originate in the House Ratify all treaties (2/3 majority) Elects Prez if electoral college tie - **Congressional Caucuses** - Groups of members of the congress who come together to pursue common legislative objectives - Party -- Based - Ideological Caucuses - Issue Based - **Committees** - Standing Committee (forever) - Joint Committee (together) : ex. Library of Congress - Select Committee (Temporary) - Conference Committee (fix bill) : **when bills are fixed they have to be passed by both houses again** Senate Committees House of Reps Committees ------------------------------------------ --------------------------------------------- Foreign Relations (deliberate treaties) RULES (committee between committee + floor) Finance (money and debt) WAYS AND MEANS (taxation bills) Appropriations (appropriating fed funds) Appropriations (appropriating fed funds) Judiciary (administration of justice) Judiciary (administration of Justice) **Leadership in Congress** Senate House of Reps ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- President of the Senate (VP... breaks ties Speaker of House (makes committee assignments) President Pro Tempore -- from majority party and presides if VP is absent Speaker of House can kill a bill by not assigning a committee Majority and Minority leaders -- spokesperson for party's positions on issues and coordinate legislative strategies Majority and Minority Leaders - spokesperson for party's positions on issues and coordinate legislative strategies Majority and Minority Whips -- round up party members vote, and step in when majority and minority leaders are absent Majority and Minority Whips -- round up party members vote, and step in when majority and minority leaders are absent - **Federal Spending** - Mandatory ex: social security and Medicare - Discretionary ex: programs (prisons, climate etc) - **Congressional Behavior** - Voting Models: - Delegate -- the idea that the main duty of a member of congress is to carry out constituents wishes - Trustee -- the idea that members of congress should act as trustees making decisions based on their knowledge and judgement - Politico -- representation where members of Congress balance their choices with the interest of their constituents and parties in making decisions - Partisanship - Agreement between the parties to work together in congress to pass legislation - Polarization - Gridlock - A slowdown or halt in congress ability to legislate and overcome divisions especially those based on partisanship - Lame Duck - Period at the end of a presidential election term when congress may block presidential initiatives and nominees - Redistricting - States redrawing of boundaries of electoral districts following each census - Gerrymandering - Intentional use of redistricting to benefit a specific interest or group of voters - **Baker v. Carr 1962** - Established "**one person, one vote"**. The court ruled that federal courts have the authority to hear cases about legislative districting and can intervene if districts are drawn unfairly, violating the **Equal Protection Clause of the 14^th^ Amendment** - **Shaw v. Reno 1993** - Supreme Court Case that ruled racial gerrymandering violates the **Equal Protection Clause** - **Vocab** - Congressional Oversight - Congress (through committees) ensures executive branch agencies are carrying out policy/program as congress intended (because congress makes laws and executive enforce) - Sponsor -- member of congress, writes, presents + supports bill - Riders -- additional things added to bill (easier to get it passed) - Pork barrel -- negatively motivated earmarks used for political gain/reelection - Omnibus -- putting many bills into one bill that's voted on... makes it faster - Log-rolling -- "I'll vote for your bill if you vote for mine" - Caucuses -- groups of congress people organized around specific issues and take about ways to promote that issue - **Vocab Specific to House or Senate** - Committee of Whole -- open discussion on bill so it skips committee and quick to vote - Initiated by Speaker of the House - Discharge petition -- petition to release bill from committee and bring it to the floor. Need majority to sign petition created by congressmember - Filibuster -- never stop talking so cant vote - Cloture -- 60 senators can override filibuster vote **Roles and Powers of the President** - **Article II** - **[Establishes the executive branch of the federal government... responsible for enforcing laws. Outlines the powers, duties, and structure of the presidency ]** - **Informal Powers** - Executive orders issued by the president to federal agencies carrying the force of law (w/o congress approval) - Agreements made with foreign leaders or govs (w/o congress approval) - The ability to influence congress and build coalitions to pass legislation or approve - Influencing the national policy agenda through speeches, proposals, or public statements - **Formal Powers** - Can deploy troops - Negotiate and sign treaties (w/ senate approval) - Represent US in foreign affairs and recognize foreign govs - Appoint federal officials - Judges, ambassadors, and cabinet members - Can recommend legislation to congress and veto bills - Deliver state of the union address - Grant pardons, reprieves and commutations - Ensure that laws are faithfully executed - Issue executive orders **Prez** **Vice Prez** ---------------------------------------- ---------------------------------------------------------------- **Commander in Chief of the Military** **Preside over the Senate and tie breaker in senate** **Voice of the People** **Succeeds prez if dead** **Chief Diplomat** **Works with cabinet to declare the president unfit to serve** **Chief Executive** **Advisor to prez** **Chief Manager of the Economy** **Represents US at diplomatic events** **Chief Legislator** **Chief Party Leader** **Crisis Manager** - **Federalist 70** - **Alexander Hamilton** - It is necessary for a strong executive in order to make quick and timely decisions in a democracy - Ex. Issues with national security or emergencies - Necessary for executive to have "energy" in order to effectively govern and balance the power of legislative branch - A single leader is more responsive and accountable to the people - **22^nd^ Amendment limits the U.S. Constitution limits the president to 2 terms in office. It was passed in 1947 and ratified in 1951 to prevent anyone from holding the presidency for too long** - **Issue Networks** - Webs of influence between interest groups, policy makes, and policy advocates - **Political Patronage/ Spoil System** - Filling of administrative positions as a reward for support, rather than merit - **Merit System (1883 Pendelton Civil Service Act)** - A system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections. - **1883 Pendelton** - an act of congress that created the first US Civil Service Commission to draw and enforce rules on hiring, promotion, and tenure of office within the civil service Discretionary and Rule Making Authority - **Discretionary authority** - How do they implement the law - How do they interpret and apply the law given to them - **Rule-making authority** - The agency can create, amend or revoke rules and regulations - It can compel corporations and states to comply in certain manner - **Executive Agencies** - **TSA Transportation Security Administration** - **Coast Guard** - **Border Patrol** - **Office of Head Start** - **Space Development Agency** - **Departments of Homeland Security, Transportation, Veterans Affairs, and Education** - **Independent Regulatory Agencies (WATCHDOG AGENCIES + PREZ CANNOT FIRE THEM)** - **Environmental Protection Agency (clean water and air acts) ,** - **Federal Election Commission (fair and free elections),** - **Securities and Exchange Commission (transparency, fair and free stock market)** - **Loper v. Raimondo (2024)** - **2024 court case that overturned the *Chevron* deference doctrine required courts to defer to federal agencies interpretations of unclear laws. The ruling now gives courts more authority to decide how laws should be interpreted limiting the power of federal agencies.** **Holding the Bureaucracy Accountable** - **Congressional oversight** - **Committee hearings, investigative power, power of the purse, etc.** - Influence on presidential appointments - Tinker with the agency's budget - [Hold hearings] - Rewrite the legislation or make it more detailed - **Relationship of President to Bureaucracy (ideology & authority)** - Appointing the right people - Issue Executive Orders - Tinker with the agency's budget - Reorganize an agency - **Compliance Monitoring** - the process of checking whether individuals, organizations or systems are following laws, regulations or standards. It ensures rules are being followed and helps identify any violations **President Communication** - **Bully Pulpit** - Presidents ability to use their position and visibility to influence public opinion, promote policies and rally support for their agenda. - **State o the Union** - Annual speech in the U.S. that the president gives to Congress. Discusses country's current situation, achievements and future plans - **Role of Social Media** - Allows presidents to directly communicate with the public. Promote politics, respond to crisis or emergencies and reach the people **Checks on the President** - Cabinet - A group of advisors to the U.S. president, made up of the heads of executive departments... help the president make decision and run the government - Ex: Department of State - Ex: Department of Defense - Ex: Department of Treasury - Checks on Executive Branch by legislative and judicial branch - Legislative - Override vetoes - Approve appointments - Approve treaties - Control budget - Judicial - Judicial review -- courts can declare executive actions unconstitutional limiting presidential power - Ruling on Executive Orders - Judges can block - Lifetime Supreme Court Appointments - Serve for life makes it hard for presidential influence - **Senate confirmation process** - Nomination by Prez - Committee Review - Committee Vote - Full Senate Debate regarding Nominee's qualifications - Final Vote (majority needed) - **Judicial appointment process** - Nomination by Prez - Senate Judiciary Committee Review - Questions Nominee's qualifications and legal views - Committee Vote - Full Senate Debate - Senate Confirmation Vote (majority needed) - War Powers Resolution (1973) -- **Congress Checks Prez by making them remove troops** - U.S law that limits the presidents power to send military forces into combat without Congress's approval - After Vietnam war to prevent future conflicts - Prez has to inform congress 48 hours prior to sending troops - Troops can stay for only 60 days without congressional approval additional **30 day withdrawal period** - Congressional authority -- congress can order the president to remove troop sat any time Unit 4 Key Terms [The judicial Branch ] - Article III - Establishes the judicial branch of the federal government. Created the **Supreme Court**. Allows Congress to establish lower courts. Defines power of courts, implementing and interpreting laws. - Federalist 78 - Roles of Judicial branch - Interpret Laws - Lifetime Appointments - Weakest branch -\> can only make judgements - Marbury v Madison (1803) - Supreme Court case that established the power of judicial review. Allowed the Supreme Court to check the power of Congress and Prez - Judicial Review - Is the power of the courts to decide whether a law or government action follows the constitution. If a law is unconstitutional the courts can strike it down [Structure of the Federal Judiciary + Legitimacy o f the Judicial Branch ] - Hierarchy of the Federal Court System - District Courts: trial courts, most federal cases happen - Court of Appeals: review decisions from District Courts, depending of geographics - Supreme Court: final authority to interpret the Constitution, review cases - Precedent - Past court case that serves as a base on deciding similar cases in the future - Stare Decisis - The doctrine that courts go to before making a decision - Writ of Certiorari - Document that asks higher courts to review decisions from lower courts - Rule of Four - Requires 4 justices to vote in favor of hearing a case - Opinions - Majority - Agreed upon more than half of the judges - Concurring - Agrees with majority but for different reasons - Dissenting - Judge disagrees with the majority decision and expresses it - Strict v. Liberal Constructionist - Strict interprets constitution to literal text and intent while liberal interprets constitution broadly with more flexibility - Judicial Activism and Judicial Restraint - Judicial Activism allows judges to make rulings based on their own policy views, judicial restraint limits the power of the judges to strike down laws - Executive and Legislative Checks on the Judiciary - Executive Checks -\>nominating judges, issuing executive orders - Legislative Checks -\> limit courts jurisdiction, amend constitution, impeach + try justices - "Nuclear Option" - Parliamentary procedure that allows the senate to override a standing rule by a majority [The Bill of Rights ] - Civil Rights + Civil Liberties - Civil rights are legal protections that guarantee equal treatment under the law while civil liberties are protected personal freedoms - Bill of Rights - Rights guaranteed under the bill of rights - Religion - Speech - Press - Bear Arms - Trial by Jury [Bill of Rights ] **1st** **Amendment :** Freedom of speech, religion, press, assembly, and petition **2^nd^ Amendment:** right to bear arms **3rd Amendment:** no quartering of soldiers **4th Amendment:** protectioj against unreasonable searches and seizures **5th Amendment:** rights in criminal cases; due process, no self incrimination, no double jeopardy, just compensation for property taken (eminent domain) **6^th^ Amendment:** right to a fair and speedy trial, an attorney, and to confront witnesses in criminal cases **7th Amendment:** right to a jury trial in civil cases (money or property) **8^th^ Amendment:** protection against cruel and unusual punishment and excessive bail or fines **9th Amendment:** people have other rights beyond those lilsted in the Constitution **10th Amendment:** Powers not given to the federal government belong to the states or the people [1^st^ Amendment Religion ion] - Establishment Clause - Prevents the gov from establishing a national relig - Free Exercise Clause - Protect the rights of citizens to practice their own religion without the involvement of the gov [1^st^ Amendment Speech ] - Clear and Present Danger - Threat to safety or public interest is serious and immediate - Brandenburg v. Ohio - Ohio's Criminal Syndicalism Statue violated Brandenburg's right to free speech - Prior Restraint - Gov action to prevent speech or other materials published that could be harmful prior to a speech happening - Symbolic Speech - A form of communication that uses nonverbal actions to convey a message - Obscene Speech - Not protected by the 1^st^ amendment offensive words or pictures in public - Time, Place and Manner - Restrictions are regulations that limit when, where, or how people can express themselves [2nd Amendment Right to Bear Arms] - National Firearms Act - Federal law that regulates the manufacture, sale and transfer of specific firearms - Gun Control Act - Federal law that regulates the ownership and industry of firearms in the US - Brady Act - Law that requires background checks for purchases of firearms - District of Columbia v Heller - Established the right to possess firearms for self defense in the home [Balancing Individual Freedom with Public Order and Safety ] - Law enforcement suspecting someone is carrying a weapon and searching them... carrying them is a 2^nd^ amendment right while searching them violates the 4^th^ amendment right against unreasonable searches - If law suspects illegal gun possession but the 2^nd^ amendment protects a person's right to own a gun and the 4^th^ protects them from unwarranted searches - 8^th^ amendment -\> applied through the 14^th^ amendment and states cannot impose cruel or unusual punishments [Selective Incorporation ] - Selective Incorporation - Legal process that applies the Bill of rights to state govs on a case by case basis instead of federal courts - Due Process Clause - Guarantees that the federal and state governments cannot take away a person's life, liberty, or property without following certain procedures - 14^th^ Amendment - Guarantees citizenship + equal protection under the law for all people born o naturalized in the US Amendments: Due Process and the Right to Accused - Procedural and Substantive Due Process - **Procedural** Due Process is the insurance that people are treating fair + give the opportunity to be hear before government acts; **Substantive** Due Process is whether the govs actions were justified - Exclusionary Rule **(Mapp v. Ohio 1961)** - Legal rule that prevents the gov from using evidence obtained in violation of a defendant's constitutional rights - Miranda Rule **(Miranda v. Arizona 1966)** - Miranda Rule is a constitutional requirement that police inform suspects of their rights before questioning them Amendments: Due Process and the Right to Privacy - Rights to Privacy -- an individual's constitutional right to keep their personal information, communications, and activities confidential from gov intrusion - Griswold v. Connecticut - Estelle Griswold and C. Lee Buxton ran a Planned Parenthood in New Haven, Connecticut law made it illegal to use contraceptives (penalized too). Supreme Court Ruled that married couples have the right to use contraceptives, striking down the law. - **Impact: Case established a right to privacy that extends to intimate relations and paved the way for the Roe v. Wade Case** - Roe v. Wade - Norma McCorvey filed a lawsuit against Henry Wade as women should have the fundamental right to choose to have an abortion without gov interference; court ruled that the Constitution protects the right to privacy, including abortions. - Impact... it was normalized but the overturned - Hyde Amendment - Prevents federal funds from being used to pay for elective abortions - 9^th^ Amendment - Gov cannot take away rights of the American people that are ot specifically listed in the U.S. Constitution