AP Gov Mod 4 Quiz 1

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 Choic...

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