Unit 2 Social Contract Theory PDF

Unit 2 Lesson 1: Social Contract Theory 1. Major contributors to social contract theory. a. Thomas Hobbes: one of first contributors to social contract i. Society is not natural & immutable, created by the people ii. Done to resolve problems colle...

Unit 2 Lesson 1: Social Contract Theory 1. Major contributors to social contract theory. a. Thomas Hobbes: one of first contributors to social contract i. Society is not natural & immutable, created by the people ii. Done to resolve problems collectively faced: multiple farmers needing to water their farmcreate an irrigation systemsociety formed iii. Life in the state of nature: world is a nasty place, people live insecure, “a war of all against all” iv. Social contract should protect: physical security-right to life b. John Locke i. most influential Enlightenment thinker. AGAINST kings. Freedom for all. ii. Natural Rights: right to life, liberty, and property, God-given, no government may take away iii. Identified two key aspects to our existence (natural rights) 1. Liberty, Property iv. Life in the state of nature: world is relatively decent, people are rational & mindful of the law v. Social contract should protect: quality of life c. Jean-Jacques Rousseau i. Life in the state of nature: world starts good, but population increasesincreased inequalitiesunstable. Society often worse than the state of nature. ii. Social contract should protect: general will and educate citizens. iii. Freedom of choice-You can’t be forced to be free! 2. Key elements of Social Contract Theory a. State of Nature: a theory, time period in history BEFORE ANY government, rulers, kings; people lived in nature and had natural rights b. Natural rights: freedom of speech/press/vote, freedom of religion, assembly, protect self (w/ weapons), property; THESE RIGHTS DEFINE OUR INDIVIDUAL IDENTITY=Human nature c. Sovereignty: power & authority to rule or govern. Government’s power comes from consent, power, and rights of THE PEOPLE (popular sovereignty) d. Consensual Political rule: “majority rules”. People vote and whoever gets the most votes win e. Social Contract Theory: i. An agreement between people & government in which citizens consent to be governed so long as the government protects their natural rights ii. Society is not natural or God-given, but rather created by people w/ collective interest iii. Society is defined by a social contract which is based on an understanding of what it means to be human (i.e., human nature) and of what natural rights we possess. iv. Purpose of a social contract: enhance the potential of human nature, acknowledge & protect natural rights v. Social contracts require consensus 3. Natural rights show equality of all people, let you do what you need to survive and be secure Lesson 2: Enlightened Ideas in the Founding Documents 1. Areas of the Declaration of Independence (1776) influenced by the Enlightenment. a. Both enlightenment & Declaration state we have natural rights, & follow the social contract theory b. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.” 2. Areas of the Constitution (1789) influenced by the Enlightenment. a. Three branches of government, separation of power, checks & balances  b. Per Madison, liberty can be readily sacrificed in the pursuit of justice (Montesquieu view) c. More interested in the practicalities of government than the protection of natural rights; advocates for a more arm's length approach to democracy. 3. Areas of the Bill of Rights (1791) that are influenced by the Enlightenment. a. protects individual conscience & democratic participation(Lockean ideas) b. The Second Amendment: permits possession of arms for the "security of a free State” & right to defend oneself against tyrannical government c. “Freedom of religion, freedom of speech, freedom of the press, freedom of assembly, right to bear arms, property and rights” 4. The Enlightenment is the source of our ideas about natural rights, and is a period of Western European history following the middle ages Lesson 3: A National Government under the Articles of Confederation 1. Primary goals of the Articles of Confederation. a. FIRST written constitution & our first attempts at structuring the U.S. government. b. Strong government trying to win the country's independence but not strong enough that it would deprive people or states of their rights/liberty. c. Goal of limiting the powers of the national government & protecting the power of the states 2. Structure of government under the Articles of Confederation. a. Unicameral congress: one legislative chamber “Confederation Congress” b. Powers given to the central government were severely limited. c. Each state legislature appointed delegates to the Congress that could be recalled at any time. Regardless of its size or the number of delegates, each state would have only one vote. d. Delegates to serve no more than 3 yrsprevent formation of an elite politicians group. NO SINGLE LEADER. Nine votes required before the central government could act. 3. Powers of Government under the Articles of Confederation a. Power to Borrow and Coin Money i. Could make the currency of the United States (Continental currency ii. Borrow money from other nations to cover debts (from fighting American Revolution) iii. Limited powerrelied on the states for money and to back loans taken from other countries. b. Power to Declare War i. Could appoint military officials ii. Limited no national military to draw soldiers from. Soldiers came from individual states. c. Power to Make Treaties & Alliances with Other Nations i. Could appoint foreign ambassadors ii. Limited due to lack of a national militaryunable to provide any assistance to other nations. d. Power to Regulate Trade with the Native Americans i. Native Americans not considered citizens of the U.S. treated as foreign nations by both national & state governments. e. Power to Settle Disputes among Other States i. U.S. government only consisted of east coast (Georgia up to the New England states), everything west did not fall under their authority. National government had authority to settle any & all boundary disputes that arose between the states. Lesson 4: Problems with the Articles of Confederation a. NO Power to raise Army or Navy: feared a standing army would be available to tyrannical government b. NO Power to Impose or Collect Taxation: only state governments could levy taxes. States were required to provide funds in proportion to the value of the land within their borders.  c. NO Power to Regulate Trade: national economy suffered as foreign countries began to form trade agreements with individual states. Trade agreements weren’t taxableBritish government imported massive untaxed goods into U.S. at drastically lower pricesdifficult to sell American-made goodslocal business sufferedhard to make a living and survive. d. One Vote: Each state only had one vote in congress regardless of size e. Unanimous vote: The articles couldn’t be changed without a unanimous vote of the 13 states f. No Judicial or executive branches Lesson 5: The New Jersey and Virginia Plans The New Jersey Plan (small state) and Virginia Plan (large state) were two debates during the Constitutional Convention of 1787 to address the issues and weaknesses created by the Articles of Confederation 1. New Jersey Plan a. Proposed 3 branches: legislative, executive, judicial, b. Unicameral (one legislative chamber) i. Each state gets one vote regardless of size or population c. Representation is State based (each state is equally represented)same vote, same power d. Proposed Supremacy Clause e. Role of national government: provide defense but could not override state authority 2. Virginia Plan a. Proposed 3 branches: legislative, executive, judicial, b. Bicameral (two legislative chambers: House of Representatives + Senate) i. House of Representatives: elected by the people & NUMBER of reps was based on the state’s population ii. Senate elected by State legislatures c. Representation is population based (higher population = more representation) d. Role of national government: can legislate for states and veto state law Lesson 6: Compromises at the Constitutional Convention (May to Sept of 1787) 1. Major compromises a. The “Great Compromise” (aka Connecticut Compromise) combined NJ & VA plans b. A bicameral legislature Congress was created (Senate & House of Reps) i. Senate is upper chamber, House of Rep is lower chamber ii. Each state has 2 senators (6-year terms) iii. Each state has x amount of House of Reps depending on state size (2-year terms) c. Congress was given the power to tax, maintain an Army and navy, regulate trade and commerce, could coin and borrow money, grant patents and copyrights, declare war, and establish laws regulating naturalization and bankruptcy d. Legislation could be proposed by either chamber of congress, but it had to pass both chambers by majority vote before being sent to the president to be signed into law 2. Three-Fifths compromise a. Compromise b/t North & South states, called for counting of a state’s free population & 3/5 of its slave population for federal taxation & representation in Congress. 5 slaves=3 votes 3. Checks and balances a. Extra constitutional powers that allow each branch of government to limit the exercise of power of other branches or approve what the other branches are doing; requires diff parts of government to collab & find agreementnew official actions b. The congress can pass laws but its power to do so is checked by the president who can veto laws c. Congress has the ability to limit the president’s veto  i. If the president vetoes a bill that passed both HOR and Senate then it is returned to congress to be voted on again. If the bill passes both HOR and Senate with a 2/3 vote in its favor, it becomes law even if the president refuses to sign it d. Congress can also refuse to declare war by the president or provide funds to the military e. Legislative Branch i. Made up of US Senate and House of Representatives f. Executive Branch i. The President and all Federal Government Bureaucracies g. Judicial Branch i. Supreme Court, lower federal district, and Appellate Courts, US district courts 4. Separation of powers a. The separation of governments power among three separate branches of government, legislative, executive, and judicial. b. Congress given power to make laws (legislative), executive branch (President & V.P.) & the federal judiciary (the Supreme Court) enforce laws & try cases arising under federal law, respectively. Lesson 7: The Federalist and Anti-Federalist Debates 1. Federalist's views on the scope and powers of the government. a. Mostly wealthy, elite of society, well educated, landowners, businessman, former military commanders b. James Madison-strongest federalistwrote The Federalist Papers c. Believed a strong government would be better for both national defense and economic growth d. Liked the idea of a national currency as it would ease business transactions e. Government regulated trade and tariffs on imports would protect merchant from foreign competition f. Power to collect taxes would help w/ internal improvements like roads which would help businessman g. Mostly consisted of New Englanders (smaller states) 2. Anti-Federalist's views on the scope and powers of the government. a. Opposed the new constitution, preferred the old one b. Thought President would turn into a King c. Feared the power of the national government & felt state legislatures could better protect freedoms d. Most not of the “elite” & feared the new government would favor rich over the middle class e. Feared government would levy taxes on farmers & planters who lacked hard currency to pay f. Feared tariffs on foreign imports that would make American agriculture less welcome in Europe g. Strong in the southern states (larger states) 3. Reasons for & against ratifying the Constitution. a. For ratification i. We needed to form an army & navy, impose taxes, and force states to comply w/ laws ii. Smaller states favored equal number of senators for representation b. Against ratification i. Fear that excessive power would be given to one man (president) ii. The belief that the ability to tax its citizens should be left to the states iii. Feared that the federal courts would be too far away from some iv. Constitution did not guarantee protection of individual liberties call for bill of rights v. Larger states opposed because they felt they lost power Lesson 8: The Federalist Papers The Federalists published a set of 85 essays known as The Federalist Papers widely published in newspapers & helped to convince many states to ultimately ratify the Constitution (created during the Constitutional Convention). 1. I can describe the purpose and main arguments made in Federalist #10.  a.Federalists wanted the national government to remain as strong as possible and to be run by elites b.The Anti-Federalists feared wealthy would dominate national politics & become a factiondivision c.James Madison argued that there was no need to fear the power of factions because of diversity d.Argued a representative government was best way to control against the detrimental effects of factions e.Since factions were impossible to remove without taking away the freedom that people have to express their opinions and organize, the only solution was to attempt to control their potential effects f. People could elect those of the highest minds to make decisions 2. Purpose and main arguments made in Federalist #51. a. Topic: constitutional checks and balances and separation of powers would prevent abuse of power b. The Anti-Federalists feared that the national government would become too powerful, leading to a tyrannical government that would abuse its power & people. c. Separation of powers is the division of government authority to each branch of government. i. Legislative branch makes laws, executive branch enforces laws, judicial branch reviews laws. ii. Each branch has its own degree of independence. iii. Checks and balances requires a level of interdependence. d. Checks and balances: mechanisms that let each branch of government have influence over how the other branches & their individuals operate & get their job done Lesson 9: Separation of Powers 1. Purpose of separation of powers a. The writers of the Constitution wanted to divide power between 3 branches b. Make it difficult for gov’t to abuse power checks and balances would limit each branch 2. Several powers held by each branch of government. a. Legislative Branch (Congress) i. Composed of Senate and House of Representatives. They are principal lawmaking body 1. The House of Representatives (represented the People) 2. The Senate (represented the State) ii. Can deal with international trade and commerce between states iii. Only congress has the power to declare war on foreign countries iv. The senate is required to approve treaties by 2/3 majority 1. Potential role in selection of president: If the electoral college fails to provide a candidate with a majority of the votes of the electors, the HOR will choose the president b. Judicial Branch (Supreme Court, US District Courts, Appellate courts) i. Designed to be independent and separate from the other branches ii. The courts have the power of judicial review overturn laws passed by Congress & actions of the president, goal: always uphold the Constitution (supreme law of land) iii. While the courts do deal with criminal and civil cases, judicial review is important in upholding the Constitution as the supreme law of the land iv. Crucial in solving constitutional disputes between the president and Congress and in resolving issues between the state governments and the new national government. c. Executive Branch: President, Vice President, and the Bureaucracy i. The Constitution requires that the President faithfully execute the laws of the land ii. Vice President: presiding officer of the Senate (tie-breaker). iii. President made commander-in-chief of the armed forces of the new country iv. President to serve as chief diplomat. He/those reporting to him: responsible for foreign affairs v. President in charge of negotiating treaties that must be approved by the Senate. vi. President has power to grant unlimited pardons or reduce prison terms for national crimes. Neither Congress nor the courts can grant pardons or prevent the president from doing so  vii. The Constitution also requires the president to report to Congress each year on the state of the union, which has led to the televised State of the Union addresses 3. I can explain how laws are made and enforced using the separation of powers. a. Congress (HOR and Senate) make laws, but can’t carry them out b. The executive branch carries out (executes and enforces) the laws passed by congress c. The judicial branch evaluates (interprets) the laws through a Supreme Court and other lower courts Lesson 10: Checks and Balances 1. I can explain how the system of checks and balances functions. a. System of checks and balances in place to maintain separation of powers. Each branch can maintain itself as a separate part of the government and prevent being dominated by one of the other branches. b. All laws must go through Congress c. Laws must be signed by the president to go into effect d. The president has the power to veto legislation e. Congress can override a veto if it re-passes the law with a 2/3 majority in both the HOR and senate f. Laws are subject to judicial review by the judicial branch. The courts can overturn it if they determine it violates the constitution g. Foreign Policy i. The president can negotiate treaties, but they are subject to approval by 2/3 of the senate ii. The president can sign executive agreements with foreign leaders (without senate approval) iii. Only Congress can declare war h. Nominations i. The president nominates justices of the Supreme Court and judges of lower courts, but these nominations must be approved by the senate ii. Judges serve during time of good behavior. iii. Judges can only be removed if the majority of HOR vote to impeach i. Executive orders i. Directions to government agencies issued by a president to pursue a particular course of action; these are issued in the absence of congressional action ii. Executive orders can even be used in some cases when Congress has failed to act on legislation that the president desires. iii. Congress can prevent implementation of some activities by refusing to provide funding iv. Not every executive order is constitutional. Therefore, executive orders can also be challenged in the courts and can be declared unconstitutional. j. Impeachment i. The President, Vice President, judges and justices can be impeached by the HOR ii. Only the Senate can remove an impeached person with 2/3 vote iii. (Johnson, Clinton, and Trump were all impeached but survived the senate vote) k. Budget i. Congress authorizes spending of activities and sets funding levels for the national government. ii. The President prepares the national budget iii. Congress can refuse to fund executive orders, executive agreements, or other projects the president wants to pursue 2. I can list several checks the Judicial branch has on the Legislative and Executive branches. a. The judiciary can overturn actions of the president (executive) if they feel it violates the constitution b. The judges and justices are protected by appointment during time of good behavior so that they cannot be threatened with being fired if they do not do what Congress or the president wants c. The judiciary can overturn acts of Congress (legislative) as unconstitutional if they violate the law d. The judiciary can influence laws made by congress by interpretation  3. I can list several checks the legislative branch has on the judicial and executive branches. a. Congress can override a presidential veto by a 2/3 vote in both chambers b. Must approve treaties made by president with a 2/3 vote in the senate c. Congress controls funding of activities of the executive branch d. Presidential nominees much be approved by the senate e. Only congress can declare war f. HOR can impeach president or vice president and the senate can remove them by 2/3 vote g. The senate must approve judges and justices h. Congress controls jurisdiction (types of cases) of the courts i. Congress determines the size of the Supreme Court j. HOR can impeach judges and Senate can remove them with 2/3 vote 4. I can list several checks the executive branch has on the legislative and judicial branches. a. The president can veto legislation b. The president can use executive orders and executive agreements c. The president negotiates treaties (but then must be approved by 2/3 senate) d. The president nominates judges e. The president has the power to pardon Lesson 11: The Principles of Federalism 1. Characteristics of a federal system of government (federalism). a. Institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution (federal & state government) b. The national government is responsible for handling matters that affect the country as a whole, like defending the nation against foreign threats and promoting national economic prosperity. c. Subnational/state governments are responsible for matters that lie within their regions, which include ensuring the well-being of their people: education, healthcare, public safety, and other public service d. There are five structural characteristics of a federal system: i. One: Two levels of government: national and subnational ii. Two: A written national constitution that can’t be changed w/o subnational consent iii. Three: the constitutions of countries formally allocate legislative, judicial, & executive authority to the two levels of government to ensure each level some degree of autonomy from the other iv. Four: National courts commonly resolve disputes b/t levels & departments of government. Conflicts b/t states & the federal government are adjudicated by federal courts; U.S. Supreme Court is the final arbiter. v. Five: Subnational governments are always represented in the upper house of the National legislature, enabling regional interests to influence national lawmaking. U.S. Senate functions as a territorial body by representing the 50 states. Each state elects two senators to ensure equal representation regardless of state population. Federal laws are shaped in part by state interests, which senators convey to the federal policy-making process 2. Federalism advantages and disadvantages Advantages a. Individual states can deal w/ problems innovatively, other states copy good innovations/solutions b. States better able to adapt to local conditions & design programs that work best for their citizens. New York, Texas, and California need legislation to deal with urban issues, while North Dakota and Vermont do not. Farming states need much more agricultural legislation than those with other dominant economic activities.  c. National government can pass a basic program that will cover the country (such as disability payments for those injured on the job), & states can add to the program if they decide to do so. d. Power is divided to prevent any group or groups to take over control of the government & violate the rights of citizens or some groups of citizens. There is protection against oppression with divided power. e. Federalism provides opportunity for individuals to participate more in the political system. An individual citizen can interact with both state elected officials & national officials. Elected politicians/other officials at the state level are often easier to contract in part because they are closer to the citizens of the state. Disadvantages f. Federalism can be inefficient as it requires coordination & cooperation b/t the national and state governments; costs involved. However, when one or the other is unwilling, the inefficiencies increase. g. Difficulties when actions in one state affect neighboring states (ex. a river is polluted upstream). Voters less willing to pay to avoid problems when negative consequences occur in another state. h. All states must have a department of education, transportation, a bureau to administer Medicaid & unemployment, other jobs. Costly $. Unitary states can use regional offices for some of these programs. i. Not all U.S. citizens are treated the same. Richer states can afford to provide more services than poorer states. Not everyone can move to another state, so inequalities will persist. Unit 3 Lesson 12: Powers of the Legislative Branch 1. I can define the three types of Congressional powers including implied, enumerated, and inherent powers. a. Implied Power: Power not expressly defined in constitution but assumed thru interpretation of the Necessary & Proper Clause. Inferred power, necessary to achieve objectives of the national government. b. Enumerated Power: Power given to the federal government as explicitly stated in constitution to regulate commerce, raise & support armies, declare war, coin money, conduct foreign affairs c. Inherent Power: Power assumed to exist as a direct result of the country’s existence. 2. I can list out several powers held by the legislative branch a. Tax citizens i. Origination or Revenue Clause: any bill for raising revenue (for taxing) must begin in the HOR ii. “No taxation without representation” b. Set the budget i. “Power of the purse” ii. Congress alone has authority to draw from Treasury or borrow on the credit of the US iii. President responsible for starting the budget process by sending annual budget proposal reflecting his priorities in spending & taxation to Congressadopt, amend, or discard it c. Regulate commerce i. To regulate commerce (trade) w/ foreign nations & among the states & w/ the Indian Tribes d. Declare war i. Power given to Congress (NOT the President) to ensure people’s representatives had a say e. Give advice and consent on appointments i. Presidential nominees for executive & judicial posts take effect only when confirmed by the Senate. International treaties effective only when Senate approves them by 2/3 f. Impeach individuals i. Impeachment is made by the HOR but must be approved by the Senate g. Oversee the powers of the judicial and executive branches 3. I can classify Congressional powers as either implied, enumerated, or inherent.  a. Enumerated: levy and collect taxes, declare war, raise an army and navy, coin money, borrow money, regulate commerce among the states and with foreign nations, establish federal courts and bankruptcy rules, establish rules for immigration and naturalization, and issue patents and copyrights. b. Implied: The “Necessary and Proper Cause” directs Congress “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” i. Laws that regulate banks, establish a minimum wage, and allow for the construction and maintenance of interstate highways are all possible because of the implied powers granted by the necessary and proper clause. Today, the overwhelming portion of Congress’s work is tied to the Necessary and Proper Clause. ii. There is no specific “power of oversight” written into the Constitution, but it is implied in many constitutional provisions, including Congress’s power of the purse, advice and consent, and the power of impeachment. c. Inherent: power to control borders of the state, to expand the territory of the state, and the power to defend itself from internal revolution or coups. These powers are not granted to the Congress, or to any other branch of the government for that matter, but they exist because the country exists. 4. I can provide examples of Congress exercising its power under the Commerce Clause. a. Interstate Commerce Clause: enumerated power to regulate commerce/trade b/t 2 or more states b. Requiring that bus lines serve all customers equally is an example of Commerce Clause because bus lines serve interstate commerce 5. Ways in which the legislative branch can engage in checks and balances with the other branches of government a. Some enumerated powers included specifically to serve as checks on other branches of government b. Congress’s sole power to introduce legislation, the Senate’s final say on many presidential nominations and treaties signed by the president, and the House’s ability to impeach or formally accuse the president or other federal officials of wrongdoing c. Congress has the sole power to introduce legislation which effectively limits the power of the president to develop the same laws he or she is empowered to enforce. d. Advice and Consent: The Senate’s exclusive power to give final approval for many of the president’s nominees, including cabinet members and judicial appointments, compels the president to consider the needs and desires of Congress when selecting top government officials. e. Impeachment: Removing a president who has been elected by the entire country from office- responsibility to a large deliberative body of elected officials to ensure it will occur only very rarely. Lesson 13: How the Legislative Branch Makes Laws 1. I can explain how Congress is organized a. Congress is organized thru leadership positions in the HOR & the Senate & thru the committee system b. Although representatives are elected as individuals, representatives also belong to political parties. c. Majority party: the political party in Congress that has the most seats in each Chamber of Congress d. Minority Party: the political party with the least seats in each chamber e. Speaker of the House: The Chief presiding officer of the HOR, who is chosen by the majority party f. Majority Leader: The second in command in the HOR; works closely with the Speaker of The House g. Minority Leader: The elected leader of the minority party (third in command in the HOR) h. Majority Whip: a leadership position from the majority party whose job is to help coordinate strategy among the members of their political party i. Minority Whip: a leadership position from the minority party whose job is to help coordinate strategy among the members of their political party j. President of the Senate: Vice President of the U.S.; ONLY votes in cases of a tie, aka Tiebreaker.  k. President Pro Tempore: presides over the senate in the absence of the vice President. As a ceremonial position, the longest-serving senator from the majority party is chosen as the president pro tempore. l. Leadership Positions for each chamber of Congress: i. House of representatives ii. Senate 1. Speaker of the House 1. President of Senate 2. Majority Leader 2. President Pro Tempore 3. Minority Leader 3. Majority Leader 4. Majority Whip 4. Minority Leader 5. Minority Whip 5. Majority Whip 6. Minority Whip 2. I can describe the process of legislation and how bills become law. a. Quick Summary: Bill introduced by Congress -> standing committee -> rules committee -> debated -> voted on by HOR and Senate -> conference committee (if needed) -> back to HOR and Senate for vote -> president -> signature or veto -> veto can be overridden by congress b. The bill is introduced and given to the appropriate standing committee. c. The bill is sent to the Rules Committee. d. The bill is debated in the HOR and Senate with the possibility of a filibuster in the Senate. i. A filibuster occurs when an individual senator attempts to block action on a piece of legislation by continuously speaking. There is no requirement that a senator’s speech be relevant to the matter being considered (successful tactic in preventing legislation from being passed). ii. The Senate can limit debate by voting on cloture. iii. Cloture is a procedural device that seeks to stop a filibuster by a supermajority vote. iv. Under a cloture vote, the number and type of amendments that can be proposed are limited, and the time for debate is limited to 30 hours. v. Cloture requires a supermajority of three-fifths, or 60 votes. e. The bill is voted upon by the House of Representatives and the Senate. f. The bill is sent to the conference committee to form one unified bill (if needed) g. The unified bill is sent back to the House of Representatives and Senate to be voted upon. h. The bill goes to the president for signature or veto. i. If vetoed, Congress has the ability to override the veto with a 2/3 majority vote in both chambers 3. I can explain the purpose of congressional committees and describe several types. a. A committee is a smaller subset of representatives or senators tasked with considering, researching, introducing, and investigating particular policy areas. b. Committees can be either long-standing or temporary. c. Committees are given jurisdiction or authority over particular issues and will have the first chance to evaluate the merits of a proposed piece of legislation. d. Standing Committees i. A permanent committee that exists from session to session for the purpose of researching, writing, and introducing proposed pieces of legislation ii. Addresses timeless issues that are expected to recur iii. The HOR and Senate each have their own standing committees iv. Examples: committees on budget, finance, foreign relations, agriculture, and judiciary e. Select Committees i. Temporary committees that often exercise investigative rather than law making powers ii. They focus on specific issues and do not propose bills f. Joint Committees i. Committees with members from both HOR and Senate (unlike standing committees). ii. They can be temporary or permanent  iii. They focus on general issues g. Conference Committees i. A type of joint committee (made up of HOR and Senate) ii. Only job is to form one unified bill from different versions of the same piece of legislation passed by the HOR and the Senate to be sent to the president. iii. They reconcile versions of the same bill passed in both houses h. Rules Committee i. Determines the parameters for debate and amendment to a piece of legislation ii. The Rules committee has more power in the HOR than it does in the Senate iii. In the HOR, the Rules Committee is the next step in the process of a bill's becoming a law after being considered by a standing committee. iv. Unlike the HOR, the Senate has a long tradition of unlimited debate allowing senators to speak as long as they want on any piece of legislation. v. In contrast, the House Rules Committee is one of the HOR’s most powerful committees. This is because most bills, after standing committee (Natural Resources, for example) go next to the Rules Committee, which sets the parameters for debate on that specific piece of legislation. The House Rules Committee can place legislation on an accelerated calendar, limit debate, and limit the number of amendments or changes offered, for example. Lesson 14: Reapportionment, Redistricting, and Gerrymandering 1. I can define reapportionment, redistricting, and gerrymandering. a. Reapportionment: The process of assigning the HOR’s 435 seats in the 50 states according to population, as determined by the census. i. When the constitution first came out, they allowed one HOR for each 30,000 people. In 1913 they froze the total number of HOR at 435. This 435 had to be divided up among the states based on census counts. b. Redistricting: The re-drawing of electoral districts to accommodate for changes in a state’s population based on last census. The goal is to create districts that are equal in population. i. If a state gains or loses House seats (through reapportionment based on census data), it must re- draw its district lines to accommodate change. ii. It is up to the state legislature, not congress, for re-drawing these district lines c. Gerrymandering: The re-drawing of electoral districts to give an advantage or disadvantage to either a particular political party or group. Gerrymandering is when a political group tries to change a voting district to create a result that helps them or hurts the group who is against them. 2. I can explain the role of the census in the reapportionment and redistricting processes. a. A census is a population count. b. The US Constitution requires the government to conduct a census every ten years c. A census is required to determine how many persons each state holds d. The census serves many purposes: i. First, its population determines each state’s number of seats in the House of Representatives. ii. Second, a state’s number of votes in the Electoral College (the means for choosing a president) is equal to a state’s number of representatives, plus its two senators. iii. Third, the Constitution requires that taxes be “apportioned”—that is, proportional to the states' populations—so that one state is not called on to bear a heavier burden than another. The Constitution’s 16th Amendment authorized an income tax without regard to apportionment. e. When the Constitution was drafted in 1787, each state entitled to 1 representative: 30,000 residents. f. Congress, by statute, “froze” the number of representatives in the entire house at 435 in 1913, so that each member of the House now represents, on average, about 700,000 people.  g. But since the number of House seats is now permanently fixed at 435, each state, after a federal census, stands to gain or lose House seats because of population changes. h. Congress reallocates the number of House seats to which each state is entitled: reapportionment. i. Congressional apportionment today is achieved through the equal proportions method, a formula used to allocate seats in the HOR, based on U.S. Census Bureau population data, which uses a mathematical formula to allocate seats in the House based on U.S. Census Bureau population data j. If a state gains or loses House seats (through reappointment based on census data), it must re-draw its district lines to accommodate change: redistricting. 3. I can explain the ruling in, and significance of, the Supreme Court case Miller v. Johnson. a. District lines & re-districting can benefit a particular political group but can also benefit a particular race b. In order to address these concerns of certain races not being represented, the states created majority- minority districts: majority of voters are of racial or ethnic minorities. c. The creation of majority-minority districts often ensures that minority voters will have their choice of representation in those districts, but at the expense of diluting the minority votes in other districts. d. Miller v. Johnson Case i. Prior to 1990 Georgia had only one majority-minority district despite having a population over 1/3 African American. When it was awarded another seat in the House, it redistricted to create two majority-minority districts. The Department of Justice disapproved the redistricting, so they re-designed the plan to have three majority-minority districts. ii. In the Miller decision, the Supreme Court ruled that, under the Constitution’s Equal Protection Clause, race could not be the “dominant and controlling” motivation for drawing congressional districts. Lesson 15: The Design and Evolution of the Presidency 1. I can describe the evolution of the presidency in the United States. a. The Presidency was established at the Constitutional Convention in 1787 b. Electoral College emerged as a way to select and reelect a president i. Today, the Electoral College consists of a body of 538 people called electors, each representing one of the 50 states or the District of Columbia, who formally cast votes for the election of the president and vice president. ii. Each state gets x number of electors equal to the number of house and senate, and DC gets 3 electoral votes. (435 HOR, 100 senate, 3 from DC = 538) iii. The electors are not congressman iv. The presidential candidate needs 270 electoral votes to win c. Presidential duties were outlined in the newly formed constitution d. Impeachment was built into the constitution for a clear process for removing a president e. The 12th amendment was created which pairs a presidential candidate with a running mate on a ticket f. The Budget and Accounting Act of 1921 put executive branch in charge of forming budget g. The 22nd amendment was made which limits the president to two four-year terms 2. I am aware of term limits for the president. a. The president can serve 2 four-year terms 3. I can describe the impeachment process. a. Impeachment: act of charging a gov’t official w/ serious wrongdoing (high crimes & misdemeanors) b. First, House of Representatives could impeach the president by a simple majority vote c. Second, Senate could remove the President from office by 2/3 majority, & chief justice of Supreme Court presiding over the trial d. Upon conviction and removal of the president, the vice president would become president. 4. I can identify several duties of the president. a. Commander in Chief of the Armed Forces  b. Negotiate treaties with the advice and consent of the senate c. Execute laws d. Can pardon individuals (except those impeached) e. State of the Union address PURPOSE?? ON OA f. Can veto laws including pocket veto (ten days allowed for signing or rejecting legislation. If congress adjourns in these ten days and the president doesn’t sign law, it does not go into effect). g. The president nominates federal judges, including supreme court justices. Lesson 16: The Powers of the Executive Branch 1. I can identify several powers of the president. a. Direct Powers (such as executive orders) b. Informal Powers (persuasion and negotiation) c. Domestic Policy i. Power of Pardon/reprieves 1. power to pardon except for impeachment or convictions by the state 2. President can also commute (shorten) sentences of criminals convicted in federal courts ii. Power of Removal 1. The president may remove any cabinet offices, appointees, ambassadors, and members of the presidential staff at will without senate approval 2. Limit: Tenure of Office Act a. A law from 1867-1887 that restricted the powers of the president to remove certain officeholders without senate permission. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate unless the Senate approved the removal during the next full session of Congress. iii. Recess Appointments 1. Appointments of federal officials by the president at a time when the Senate is not in session, and is therefore unable to confirm appointments iv. Executive orders v. Veto Powers vi. Appointing Federal Judges vii. Signing Statements d. National Security, Foreign Policy, and War i. Commander in Chief of the armed forces ii. Executive agreements 1. Formal agreements negotiated between the leaders of two countries, but they are not ratified by a legislature as a treaty must be. 2. The executive agreements are only valid as long as both leaders are in power (or accepted by the new president). As such, they are not treaties under U.S. law, which require two-thirds of the Senate for ratification. e. Opportunities i. Persuade and drive public opinion through public means ii. Negotiation (cut deals and make comprises privately) f. Legacy: Long-term effect of Policies and of Supreme Court Appointments 2. I can explain how executive orders are used by presidents. a. Executive orders are directions to government agencies issued by a president to pursue particular courses that do not require senate or congressional action b. In some cases, executive orders can be used to achieve policy goals in areas where Congress has been unwilling to act or is even opposed to the desires of the president.  c. Executive orders, however, cannot directly contradict or change existing law and can be Executive orders can be overturned if they violate the Constitution or conflict with existing laws. d. Limits: court rulings, successor reversal i. They are subject to court ruling and policy enacted by Congress ii. Executive orders can be reversed by presidents who come after e. Executive agreements are the way in which presidents can create arrangements with foreign leaders, not executive orders. Executive agreements don’t require senate approval where treaties do. 3. I can describe how presidential powers are limited by the system of checks and balances. a. Congress can override a presidential veto by a 2/3 vote in both chambers b. Senate must approve treaties made by president with a 2/3 vote c. Congress controls funding of activities of the executive branch d. Presidential nominees much be approved by the senate e. Only congress can declare war f. HOR can impeach president or vice president and the senate can remove them by 2/3 vote g. The president can veto legislation h. The president can use executive orders and executive agreements i. The president negotiates treaties (but then must be approved by 2/3 senate) j. The president nominates justices of the supreme court and judges of lower courts, but these nominations must be approved by the senate k. The judiciary can overturn actions of the president (executive) if they feel it violates the constitution l. The judges and justices are protected by appointment during time of good behavior so that they cannot be threatened with being fired if they do not do what Congress or the president wants Lesson 17: Organized to Govern 1. I can describe the transfer of presidential powers from one administration to the next. a. The new president, even while a candidate, will have a domestic transition team and a foreign transition team that will prepare him to assume the duties of the office. b. The foreign transition team will have the new president decide on which executive agreements he wants to continue. c. The domestic transition team will have him consider existing executive orders. d. Transitions and Appointments i. In the immediate aftermath of the election, the incoming and outgoing administrations work together to help facilitate the transfer of power. ii. The General Services Administration oversees the logistics of the process, such as office assignments, information technology, and the assignment of keys. iii. The transition team prepares for the political changes. iv. The president selects his Cabinet (15 members) 1.“Inner cabinet”: Departments of Defense, Justice, State, and Treasury 2.“Outer Cabinets”: Secretaries of Labor, agriculture, education, and others. v. Cabinet members are subject to senate approval vi. Other presidential selections are not subject to Senate approval, including the president’s personal staff (whose most important member is the White House chief of staff) and various advisors (most notably the National Security Advisor). e. Forging an Agenda (The incoming President must….) i. Decide how to deliver on campaign promises ii. Deals with outgoing president’s budget proposal iii. Tries to be sensitive to present climate 2. I can describe the conditions that must be met in order to make a recess appointment. a. An appointment by the President of a federal official when the US senate is in recess  b. The president has the power to fill the vacancy during recess of the senate by granting Commissions which shall expire at the end of their next session c. This gives the president the power to temporarily fill vacancies during times when the Senate was not in session and could not act. But presidents have typically used this loophole to get around a Senate that’s inclined to obstruct d. A pro forma session is a short meeting held with the understanding that no work will be done. These sessions have the effect of keeping the Senate officially in session while functionally in recess. i. This is a loophole the senate created so the President can’t make appointments during this time Lesson 18: Powers of the Judicial Branch 1. I can describe the evolution of the federal judiciary in the United States. a. The Articles of Confederation (The US’s first constitution) did not have a judiciary. It was named in the US Constitution but was the shortest and least detailed of the three branches b. The US Constitution calls for creation of the Supreme Court, and establishes the court’s jurisdiction (types of cases which can be heard, and which are for appellate jurisdiction) c. 1787: the federal Judiciary is established in Article III of the US Constitution d. 1789: The Judiciary Act: first session of congress, laid framework for the basic structure of the federal judicial system e. 1803: Marbury vs Madison: landmark supreme court case developing judicial review 2. I can identify several powers of the federal judiciary (SUPREME COURT) a. Protection: develop frameworks for administering laws that protect rights & Constitution. This protection is an essential function of the democratic system b. Permissible/In Violation: determine if executive/legislative actions are permissible/violate Constitution c. Interpretation: Judiciary strives to interpret the rights of individuals with collective rights. They also serve to interpret the constitution and decide disputes on the interpretation of the constitution d. The Constitution is the supreme law of the land and balances individual with collective rights 3. I can distinguish between original jurisdiction and appellate jurisdiction. a. Original jurisdiction i. Case is heard for the first time ii. The Constitution also limits the Supreme Court’s original jurisdiction to those rare cases of disputes between states, or between the United States and foreign ambassadors or ministers. b. Appellate jurisdiction i. A court hears a case on appeal from a lower court and may change the lower court’s decision ii. For the most part, the Supreme court is an appeals court, operating under appellate jurisdiction hearing appeals from lower courts 4. I can explain how Marbury v. Madison was the key case for the full development of judicial review by the Supreme Court. a. Chief Justice John Marshall was the most important leader for the Supreme Court and was involved in many of the early important cases heard by the Supreme Court and established judicial review. b. Judicial Review: a principle that gives courts the power to overturn laws passed by congress and actions by the president or others in the executive branch if they conflict with the constitution. c. The 1789 Judiciary Act passed by Congress established a full system of federal courts. The act made it possible for Congress to provide for justice of the peace positions in the District of Columbia d. John Adams appointed William Marbury to Justice of the Peace before his presidency ended. The paperwork hadn’t been delivered yet by the time Jefferson became president, so Jefferson directed his Secretary of State, James Madison, to not deliver the paperwork. Marbury sued Madison to give him is appointment papers. e. This Supreme Court case established the principle of judicial review wherein the Supreme Court has the power to declare laws passed by Congress and/or actions taken by a President to be unconstitutional (in  violation of the power granted to the Congress or the President in the Constitution). In the Marbury v. Madison case, the Supreme Court ruled that Section 13 of the Judiciary Act of 1789 was in violation of the Constitution and that Congress did not have the power to reinterpret Article III of the U.S. Constitution by giving court-appointed judges the ability to file a lawsuit directly with the U.S. Supreme Court as the original jurisdiction to hear the case. 5. I can describe the impact of the decision of the Supreme Court in McCulloch v. Maryland. a. The issues of loose versus strict constructionism prominently appeared b. Maryland levied a tax on banknotes that were not issued in Maryland. McCulloch was the chief teller of a branch of the national bank in Maryland and refused to pay the tax, arguing that states should not tax the national government. c. There were many who opposed the national bank because the Constitution did not specifically mention a national bank in Article I when Congress was discussed: strict constructionist view. d. Those who favored the bank noted that Article I authorized the creation of a sound currency, and one way to do so was through the creation of a national bank: loose constructionist view. e. The section of Article I that lists the powers of Congress ends with, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” and any other powers in the Constitution. This clause is referred to as the Necessary and Proper Clause. f. The Supreme Court ruled that the national bank was a reasonable means of carrying out the powers of government, providing for a loose construction of the Constitution via the Necessary & Proper Clause. Ruled that power to tax was the power to destroy and that the states could not tax federal property 6. I can define and provide examples of stare decisis. a. “let the decision stand”, principle that courts should rely on previous decisions/established precedents. b. When the courts use this term, the judge or Justices are indicating that they are relying on established principles and are often not willing to change them c. The Court will use stare decisis when it declines to hear a case because the Justices believe that the existing precedents cover the dispute and there is no need to reaffirm the previous judgment once more 7. I can distinguish between strict vs loose interpretation. a. There are disagreements over the role that the Supreme Court and the judiciary in general should play in the political system. Some have argued that the courts in general should have limited influence and should be restrained to strict interpretations of the Constitution. Others suggest that a loose interpretation of the Constitution and judicial activism should be the role of the judiciary. b. Strict Interpretation i. A strict constructionist approach would be based on the idea that the national government can only do those things which are specifically mentioned in the Constitution. ii. For example, arguing that there is no provision for a right to privacy in the Constitution because it is not specifically mentioned. c. Loose Interpretation i. A loose constructionist approach: Constitution gives the government the power to undertake various activities, and the ways that those goals are achieved can include different methods. ii. Would argue that right to privacy can be logically inferred from other parts of the Constitution. 8. I can explain judicial activism. a. Viewpoint that courts need to defend individual rights and liberties; judicial activists aim to stop actions and laws by other branches of government that they see as infringing on these rights b. Those who favor judicial activism suggest that judges should more actively seek to involve the courts in dealing with issues and seek to uphold constitutional values. Lesson 19: The U.S. Court System 1. I can describe the organization of the U.S. court system. a. Today’s court is a dual court system, with both state and national levels  b. Both levels have 3 basic tiers: trial courts, appellate courts, and courts of last resort (supreme courts) c. National Courts: (bottom to top) US District Courts  US Court of Appeals (circuit courts)  US Supreme Court d. State Courts: (bottom to top) State trial court Intermediate appellate court  State supreme courtUS Supreme Court e. The supreme court only hears cases from the top tiers of each level: the US court of appeals and the State supreme court 2. I can distinguish between civil and criminal court cases. a. Criminal Court Cases i. Criminal Law established rules and punishment to prohibit harm to others ii. The criminal does harm to society iii. The state presses charges (occasionally on a national level) iv. Cases will state the name of the accused and the government (ex. Miranda vs Arizona) v. Misdemeanors and felonies b. Civil Court Cases i. Involve two or more private parties ii. Can be individuals or corporations iii. One must allege harm or injury by another iv. Case will state names of private parties v. Examples include divorces, lawsuits, malpractice, personal injury 3. I can describe the jurisdiction of federal and state courts. a. Federal i. Account for only 10% of cases (several hundred thousand a year) ii. Cases involving a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or controversy between two or more states iii. Cases involving activities across state lines (interstate commerce) iv. Cases that take place on federal land (ex. state parks) v. Cases that involve a government official vi. Cases where the Unites States is a party vii. A dispute b/t 2 parties not from the same state or nation and in which damages are > $75,000 viii. Diversity of citizenship cases ix. Any case has potential to make it to federal level if it invokes the US constitution or federal law b. State i. Account for 90% of cases (several million a year) ii. Most criminal and civil cases are heard by state trial courts 4. 9 justices are currently serving on the Supreme Court. a. One Chief Justice and eight associate justices 5. I am aware of how Supreme Court justices are nominated and confirmed. a. Supreme court justices are nominated by the president but require senate approval b. They must be a lawyer, and have typically have previous experience as a judge on a circuit court of appeals, a state supreme court, or some other court Lesson 20: The Evolution of the Judicial Branch 1. I can explain how the courts protect the sanctity of the U.S. Constitution from breaches by the other branches a. The constitution is the highest law in the land but requires interpretation. The courts, especially supreme court, interpret the constitution, decide between competing interpretations, and ultimately decide what is constitutional or not. b. The courts can provide Constitutional validation to the laws passed by Congress when they are challenged. If the judicial ruling determines that the law is constitutional, then it continues to operate.  c. If the courts determine that the law violates the Constitution, then it is overturned d. The courts can also deal with actions of the executive branch. Is a bureaucratic agency correctly carrying out a program? Are the rules & regulations in keeping with an act of Congress? Is the action of the president legal? While executive orders are constitutional in principle, not all are acceptable. 2. I can explain how the courts protect individual rights against societal and governmental oppression. a. Federal courts also deal with cases involving the states if there is a constitutional issue involved. b. All American citizens have rights guaranteed by the Constitution that are protected against unfair actions by the national and state governments. c. Legal residents and visitors on U.S. soil also have protected rights. If a citizen or legal resident can claim that his or her rights were violated on the state level, then the federal courts may become involved in deciding cases that involve state laws and even state constitutions. d. Fourteenth Amendment. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” e. The 14th Amendment protects all U.S. citizens from violation of their rights by all levels of government. Lesson 21: Expressed, Implied, Reserved, and Concurrent Powers a. Implied i. Powers used by the national government not specifically defined in the constitution but are assumed through interpretation of the Necessary and Proper Clause (elastic clause) ii. Necessary and Proper Clause (elastic clause): enables Congress “to make all Laws which shall be necessary and proper for carrying” out its constitutional responsibilities. 2. I can provide examples of expressed, implied, reserved, and concurrent powers. a. See above 3. I can explain how the Constitution grants supremacy to the national government with the Supremacy Clause.  a. The Supremacy Clause in Article VI of the Constitution regulates relationships between the federal and state governments by declaring that the Constitution and federal law are the supreme law of the land. b. This means that if a state law clashes with a federal law found to be within the national government’s Constitutional authority, the federal law prevails. 4. I can explain the purpose of the Full Faith and Credit clause and the Privileges and Immunities clause. a. Full Faith and Credit clause i. Requires the states to accept court decisions, public acts, and contracts of other states. ii. Ex. an adoption certificate or driver’s license issued in one state is valid in any other state. b. Privileges and Immunities clause i. Asserts that states are prohibited from discriminating against out-of-state residents by denying them such guarantees as access to courts, legal protection, property rights, and travel rights. ii. While the Privileges and Immunities Clause prevents these special privileges to residents in its own state, this clause is also a means to promote national unity across the entire country. Lesson 22: Federal and State Power 1. I can describe the growth of the federal government’s power relative to the states. a. Although language existed in the Constitution that increased the powers of the national government over the states, the Supreme Court found itself in the contentious debate between the national government and the states, ultimately using the Constitution to increase the powers of the national government. 2. I can explain how Gibbons v. Ogden and McCulloch v. Maryland illustrate how the Supreme Court expanded the power of the national government through the Necessary and Proper Clause’s implication of expanded powers, the Supremacy Clause, and the expressed power of Congress to regulate commerce. c. Necessary and Proper Clause (elastic clause): enables Congress “to make all Laws which shall be necessary and proper for carrying” out its constitutional responsibilities. Implied powers. a. The Supremacy Clause regulates relationships between the federal and state governments by declaring that the Constitution and federal law are the supreme law of the land. b. The Commerce Clause gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. c. Gibbons v. Ogden i. Gibbons v. Ogden (1824) presented a challenge to the Court to define and interpret the power to regulate interstate commerce given to Congress in Article I of the Constitution ii. The Supreme Court provided a clear explanation that the U.S. Congress had authority to regulate all economic activity that stretched between two or more U.S. states. The Commerce Clause is one of the enumerated powers granted to Congress in Article 1, Section 8 of the U.S. Constitution. The case stemmed from a dispute between two ferry boat owners operating on the Hudson River boundary between New York and New Jersey. When the State of New York tried to grant an exclusive license to Mr. Gibbons, rival ferry boat owner Mr. Ogden sued, stating that the Hudson River boundary between two states was under the authority of the federal government and that New York did not have the authority to grant an exclusive ferry boat license on a “national” waterway. The Court said that any conflicting state government laws or actions on interstate commercial activities were void. This court case increased the power of the Federal Government when using the commerce clause. d. McCulloch v. Maryland i. The Supreme Court was asked to determine if Congress had the authority to charter or open a national bank, and if states were allowed to tax federal property. ii. Chief Justice John Marshall argued that Congress could create a national bank even though the Constitution did not expressly authorize it.  iii. Under the Necessary and Proper Clause of Article, the Supreme Court asserted that Congress could establish “all means which are appropriate” to fulfill “the legitimate ends” of the Constitution. iv. In other words, the bank was an appropriate instrument that enabled the national government to carry out several of its enumerated powers, such as regulating interstate commerce, collecting taxes, and borrowing money. Unit 4 Lesson 23: Congressional Elections 1. I can identify some of the differences of the House of Representatives and Senate, including eligibility, term lengths, and numbers of members. a. House of Representatives i. Number of Members: proportional to states population (435 total) ii. Term length: 2 years (no term limits) iii. Eligibility 1. US Citizen for at least 7 years 2. At least 25 years old 3. House members are elected by votes in their district. There are 435 House members and thus 45 districts iv. Fast paced, tightly regulated, narrow interests b. Senate i. Number of Members: two for each state (100 total) ii. Term length: 6 years (no term limits) iii. Eligibility 1. US Citizen for at least 9 years 2. At least 30 years old iv. Slower paced, loosely regulated, general interests 2. I can explain how the structural differences between the two-year term of a member of congress and the six- year term of a senator forces the House of Representatives and Senate to function very differently. a. Two-year term (House) i. Higher partisanship (strongly support their party) ii. Answers to constituents (voters) demands regularly (every two years) iii. Seeks narrow interest of smaller groups of constituents iv. Disagrees with same party because of specific district demands v. Deals with popular/fleeting demands faster vi. Requires stronger structured leadership b. Six Year Term (senate) i. Lower partisanship (loosely support their party) ii. Takes longer to answer to constituents (voters) demands (every 6 years) iii. Maintains a broader view to retain majority support from constituents across a state iv. Slows down or stops legislation v. Requires less structured leadership 3. How congressional campaigns are funded/important reforms that have shaped the process a. In a typical 8-hour day, 5 hours spent reaching out to donors, 3 hours spent on actual work b. Campaign finance laws came into play before the start of WWI i. Illegal for politicians to solicit contributions from civil service workers ii. Made corporate contributions illegal iii. Required candidates to report their fundraising.  c. Federal Election Campaign Act (1970s) i. This act created the Federal Elections Commission (FEC) ii. This required candidates to disclose where their money came (transparency) iii. How/where the money is being spent iv. Limits individual contributions v. Provides for public financing of presidential campaigns d. Bipartisan Campaign Reform Act (BCRA) (2002) i. Limits “soft” money (see below) ii. AKA McCain-Feingold Act (senators who drafted the bill) iii. Placed limits on total contributions to political parties iv. The McCain-Feingold Act had placed major limitations on soft money spending and other creative ways of providing support for candidates. v. Prohibited coordination between candidates and PAC campaigns 1. A political action committee (PAC) is a political committee organized for the purpose of raising and spending money to elect and defeat candidates (see lesson 28) vi. Required candidates to include personal endorsements on their political ads e. Citizens United vs. the FEC i. Removed corporate spending limits ii. Justices in the majority argued that the BCRA violated a corporation's free-speech rights. iii. As critics of the decision predicted at the time, the Court thus opened the floodgates to private soft money flowing into campaigns again. iv. This led to the emergence of a new advocacy group, the Super PAC 1. Traditional PAC a. Organization designed to raise hard money to elect or defeat candidates b. Typically run by businesses and other groups such as Teamsters and NRA to support special interest c. Highly regulated concerning money that can be taken in and spent 2. Super PAC a. Not bound by same regulations as a traditional PAC b. Cannot give money directly to a candidate or candidates party c. They can raise unlimited funds d. Money can be spent independently of a campaign party 4. I can distinguish between hard money and soft money. a. Hard Money i. Contributed directly to the candidate ii. Heavily regulated and limited b. Soft Money i. A contribution to a political party, not a specific candidate, that is not accounted as going to a particular candidate, thus avoiding various legal limitations. ii. Had no regulations or limits iii. Money raised for purposes such as: 1. Party-building efforts 2. Get-out-the-vote efforts (efforts aimed at increasing voter turnout) 3. Issue advocacy ads (ads that bring awareness to a particular issue but do not expressly advocate for or against a candidate) 5. I can explain reasons why incumbents win a large majority of congressional races each electoral cycle. a. Incumbent: a candidate for office who presently holds that office and is running for re-election b. The amount of money raised for campaign is significantly higher than their challengers  c. Parties usually prefer to back an incumbent d. People are more likely to vote for someone familiar e. Donors are more likely to give to a proven winner f. A large percentage of congressional districts across the country are "safe seats" in uncompetitive districts, meaning candidates from a particular party are highly likely to consistently win the seat. This means the functional decision in these elections occurs during the primary, not in the general election. Lesson 24: Presidential Elections 1. I can describe the process to become a president, including meeting eligibility requirements, finding supporters, winning primaries and caucuses, and appearing at a National Convention for their party. a. Step 1: Campaigning. Candidates announce their bid to become president and begin campaigning b. Step 2: Caucuses and Primaries are held to select the presidential nominee for the general election c. Step 3: National Convention. Each party holds a national convention at which candidates announce a running mate. At the convention the party selects a nominee to run in the general election d. Step 4: General election Campaign e. Step 5: General election/electoral college f. Step 6: President announced g. Caucus i. Large-scale gathering, made up of legislators in the Congress who met informally to decide on nominees from their respective parties ii. only three states use caucuses to choose their presidential nominees iii. The results of the caucus are used to determine the delegates present at county, state, and national nominating conventions of each political party. h. Primaries i. Primaries are a direct, statewide process of selecting candidates and delegates. ii. Similar to the general election process, primary voters cast secret ballots for the candidates of their choosing. iii. The results are used to determine the configuration of delegates at the national convention of each party. i. Delegates assemble at National Conventions to select a presidential candidate 2. I can explain what a candidate must do to win the primaries. a. A Primary Election is held by political parties to select their nominees for the offices to be elected at the upcoming General Election. b. In a primary, Republicans run against Republicans and Democrats run against other Democrats c. Because competitors share same political party affiliation, you have to make yourself known through name recognition, policy positions, and whether you can convince voters to trust you d. Each state has their own primaries e. Voters in areas with closed primaries have to officially register for a political party before they can vote in the party's primary (varies state to state) f. Open primaries are primary elections that are open to all voters, regardless of political party affiliation. 3. I can explain what a candidate must do to win the general election. a. The General Election determines which candidates will occupy the offices that are up for election. b. Most electoral votes wins (270 electoral votes to win) c. Usually features a series of debates between the presidential contenders as well as a debate among vice presidential candidates d. Make sure voters from your political party show up to the polls on Election Day e. Dissuade the voters supporting other parties and candidates from showing up to the polls. f. Make a strong pitch to attract those voters not committed to a political party. 4. I can explain how the Electoral College works.  a. The Electoral College consists of a body of 538 people called electors, each representing one of the 50 states or the District of Columbia, who formally cast votes for the election of the president/vice. b. Each state gets x amount of electors equal to the number of house and senate, and DC gets 3 electoral votes. (435 HOR + 100 senate + 3 from DC = 538) c. The electors are not congressman d. The presidential candidate needs 270 electoral votes to win Lesson 25: How Candidates Get Elected 1. I can explain how candidates for the US House of Representatives are nominated and elected. a. Must be 25 years old and US citizen for 7 years b. Must reside in the district you represent c. House members are elected by the voters in their specific congressional districts. d. There are currently 435 congressional districts in the United States and thus 435 House members. 2. I can explain how candidates for the US Senate are nominated and elected. a. Must be 30 years old and US citizen for 9 years b. Must have residency in the state you represent c. All eligible voters within a state can vote for a senator d. Each state has two Senators who are elected to serve six-year terms. Every two years one third of the Senate is up for reelection. 3. I can explain how candidates for the presidency are nominated and elected. a. See image “How to become president of the United States” b. Must be natural born citizen of the US c. Must be 35 years old d. Must be resident of the US for 14 years e. Presidential candidates are nominated at national party conventions. The delegates to this convention are selected in each state. f. To run for president of the United States, a candidate must meet constitutional requirements that are controlled by political parties. It is a detailed process requiring multiple steps and requirements. g. A president is elected when they have received 270 or more electoral votes Lesson 26: The Electoral College 1. I can explain how the Electoral College works. a. The Electoral College consists of a body of 538 people called electors, each representing one of the 50 states and DC, who formally cast votes for the election of the president and vice president. b. Each state gets x amount of electors equal to the number of house and senate, and DC gets 3 electoral votes. (435 HOR + 100 senate + 3 from DC = 538) c. Example Ohio has 16 seats in the HOR so they would have 18 electors (16 HOR + 2 senate = 18) d. The electors are not congressman e. The presidential candidate needs 270 electoral votes to win f. The number of electors can change based on the reapportionment of representatives after the census every ten years g. The minimum number of electors per state is 3 since each state has at least one HOR and 2 senators h. The District of Columbia is granted electors as if it were a state, with no more votes than the least populous state, so they also get 3 electors i. The Constitution lets the states appoint Electors. j. How a state does this is entirely up to the state. However, the method used by 48 states and DC is to appoint Electors nominated by the presidential candidate or political party which receives the most popular votes in the general election. As the popular vote winner gets all of a state's Electors, this method is called "winner-take-all."  k. Winner take all method of selecting electors: Voters do not vote directly for electors, but instead vote for the presidential and vice-presidential candidate team for which the electors are pledged. The slate of electors pledged to the team with the most votes are all elected together. Used by 48 states and DC l. District Method of selecting electors: electoral votes of a state are allocated among presidential candidates according to popular vote outcome in each congressional district (1 electoral vote) and the overall state popular votes outcome (2 electoral votes). Used by Nebraska and Maine m. If no candidate wins majority of electoral votes. The House will choose president and the Senate will choose vice president 2. I can describe the role of electors in the Electoral College. a. Presidential electors are people specifically selected to cast votes for president and vice president b. Electoral votes are allocated among the states based on their representation in Congress: one for each member of a state's House delegation and two for the state's senators c. How a candidate acquires a state's electoral votes is something of an open question. The Constitution says that state legislatures are responsible for doing this, but the Constitution doesn't provide direction on how this is to be done d. Currently, states use the outcome of the popular vote election to decide which candidate receives a state's electoral votes. 3. I can differentiate between “safe states” and “swing states”. a. Safe States i. A state that definitely favors you or favors your opponent. ii. These states are "safe" for the candidate who is favored, as they are unlikely to produce a popular vote win for the opponent. iii. In this regard, there's no point to putting too much energy into a safe state, as it is either going to vote for you or it isn't—with both outcomes pretty certain. b. Swing States i. A state that hasn't made up its mind. For you to have a chance of winning the presidential election, you have to convince the voters in these states that you are the better candidate ii. Most presidential campaigns occur in these states to win their vote Lesson 27: Introduction to Interest Groups 1. I can define interest groups. a. Any formal association of individuals or organizations that attempt to influence government decision- making and/or the making of public policy, usually to favor their group or interest b. Often, this influence is exercised by a lobbyist or a lobbying firm c. Lobbyist: someone who represents an interest or organization before the government, often for pay i. The lobbyist’s primary goal is usually to influence policy. ii. Most interest organizations engage in lobbying activity to achieve their objectives. iii. The interest hires a lobbyist, employs one internally, or has a member volunteer to lobby on its behalf. 2. I can compare various types of interest groups. a. Public Interest group i. Interest groups that pursue outcomes or goods that they perceive to be useful for most or all citizens. They promote public, or collective goods. ii. Example: public safety, highway safety, public education, and environmental protection. b. Private interest groups i. Interest groups that seek specific benefits from the government that favor a single or narrow interest ii. Particularized benefits: benefits that are specific to an individual or group and from which others can excluded  iii. Example: corporations and political institutions may lobby government for tax exemptions, fewer regulations, or favorable laws that benefit individual companies or an industry more generally. Their goal is to promote private goods. Private goods are items individuals can own, including corporate profits. c. Interest groups by who they represent i. Membership: organizations, usually members are voluntary and pay dues (ex. NRA) NRA IS ON OA AS MEMBERSHIP ORGANIZATION ii. Legislative: Companies, corporate organizations, governments such as municipalities and executive departments like dept of education. Usually represented by a liaison. iii. Associations: which are typically groups of institutions that join with others who share similar concerns. iv. Volunteer: typically not compensated, usually lobby their “pet projects”, may or may not be part of an interest group. Represented by a lobbyist. 3. I can identify various strategies of interest groups. a. Inside Lobbying (direct) i. Takes the interest group’s message directly to a government official such as a lawmaker ii. Inside lobbying tactics include testifying in legislative hearings, helping to draft legislation, contacting executive agencies, contacting lawmakers iii. Most lobbying is done using inside lobbying b. Outside Lobbying (indirect) i. Lobbying intended to influence public opinion which will in turn influence elected officials ii. Tactics include issuing press releases, placing stories and articles in the media, entering coalitions with other groups, and contacting interest group members, hoping that they will individually pressure lawmakers to support or oppose legislation. c. Legislative Strategy: interest groups donate to try to influence the choices a legislator makes by gaining an “in” with them either now or in the future d. Electoral Strategy: Groups following this strategy work as hard as they can to elect candidates who already support their preferred positions. If they can succeed in electing candidates who already agree with their group’s goals, there is little need for lobbying Lesson 28: PACS and Super PACS 1. I can explain how interest groups seek to influence elections by contributing money to election campaigns. a. Legislative strategy is where interest groups donate to try to influence the choices a legislator makes. b. Some worry that contributions could directly lead to influence, though there is little evidence that this is generally the case. c. More commonly, interest groups give money hoping to later have access to a representative. d. Groups pursuing this strategy give money so they can get a “foot i