5/8/12
I.
How our system
is unique
A.
Longest lasting
Constitution in history (which has changed throughout its history)
B.
Two party system
C.
Federalism
D.
Separation of
powers
E.
Parties are
weak- we vote for individual candidates
F.
Judges are
appointed for life, judicial review
G.
Electoral
College
H.
Interest groups
I.
Private money in
politics
J.
Religion
influence on society and politics
II.
Constitutional
Foundations
A.
The Declaration
of Independence
B.
The Articles of
Confederation
1.
Provisions and
failure
a)
National
government couldn’t tax, raise an army, or regulate trade
b)
Needed unanimous
vote to amend the Articles
2.
Impossible for
federal government to have power over the states
C.
The
Constitutional Convention
1.
Influence of
Shay’s Rebellion
a)
No national army
to put down the rebellion
b)
Made people
think we needed a stronger national government
2.
Principles that
shaped the Constitution
a)
Government by
consent of the governed
b)
Representative
democracy
c)
Preservation of
basic human rights
d)
Separation of
powers and checks and balances
e)
Federalism
f)
Strong but flexible
government (elastic clause)
3.
Preamble
a)
Source of the
Constitution is “we the people”
b)
Reasons for
writing the Constitution
4.
Compromises
a)
Great/Connecticut
Compromise
(1)
Representation
based on population in the House and equal representation in the Senate
b)
3/5’s
(1)
Every 5 slaves
count as 3 for representation and taxation
c)
Slave Trade and
Commerce
(1)
National
government cannot interfere in slave trade until 1808
D.
Ratification
process
1.
Federalists
(wanted ratification) v. Anti-federalists (against ratification- wanted a bill
of rights)
2.
The Federalist
Papers
a)
Meant to
convince people to ratify the Constitution
b)
Federalist 10:
Natural to form factions. There is no
way to get rid of them, so a large republic with a lot of competing factions
will cancel the factions out
c)
Federalist 51:
separation of powers, checks and balances, and federalism prevent a faction
from dominating the government
3.
Ratified after a
Bill of Rights was put in
E.
Powers
1.
Enumerated/
delegated- specifically listed in the Constitution
2.
Implied- powers
of Congress that are not listed in the constitution but are necessary to carry
out the expressed powers (come from elastic clause)
3.
Prohibited-
powers denied
4.
Exclusive-
powers of just the national government
5.
Concurrent-
powers of both the national government and the states
6.
Reserved- powers
of just the states
7.
Inherent- powers
of the national government not listed in the constitution that the national
government has because every government has them
III.
Congress
A.
Intent of the
Framers
1.
Congress is the
first branch (Article I)
2.
Senate is meant
to cool down the House
B.
The House v. the
Senate
1.
House
a)
435 members
b)
2 year terms-
everyone is reelected every 2 years
c)
Presiding
officer- Speaker of the House
d)
Impeach
e)
All revenue
bills must originate in the House
f)
Choose president
when no majority is reached in the electoral college
g)
Centralized
(rules committee)
2.
Senate
a)
100 members- 2
from each State
b)
6 year terms-
staggered elections 1/3 every 2 years
c)
Used to be
elected by state legislatures (but now we do)
d)
Convict
impeached officials
e)
Ratify treaties-
2/3 vote
f)
Decentralized
(filibuster)
3.
Powers of
Congress
a)
Borrow money
b)
Coin money
c)
Establishing
post offices and post roads
d)
Declare War
e)
Elastic clause
C.
Legislative
Process
1.
Committees
a)
Most bills are
pigeonholed- do not get out of committee
b)
Standing
Committees
(1)
There forever so
they specialize in certain aspects
(2)
Write
legislation
(3)
Do oversight
over the other branches of government
c)
Joint Committee
(1)
Conference
Committee- reconciles differences between House and Senate versions of a bill
(2)
Investigative Committees
d)
Select
(1)
Temporary- set
up for a specific purpose
2.
Goes to
President- sign, don’t sign in 10 days (becomes a bill), veto, (Congress can
override a veto by 2/3 vote), pocket veto
D.
Leadership and
Committee Chairmen
1.
Majority/minority
leaders
2.
Whips- gather
the party to vote on a bill
3.
Speaker of the
House
E.
Low approval
ratings but high reelection rates- why?
1.
Incumbency
advantages
a)
Franking
privilege
b)
Pork barrel
politics/ earmarks- Representatives get stuff done for their district/state
c)
Well known
d)
Access to the
media
F.
Gerrymandering-
drawing congressional districts to benefit a political party
G.
How does
Congress look different?
1.
Congress used to
be dominated by Protestant white males
2.
Now, there is
more diversity in Congress- blacks, women, and minorities
H.
Party Dominance
since 1930s- Democratic party
1.
Democrats are
thought to represent middle class interests
2.
Associated with
unions
3.
Voters like
divided government. Since Republicans
are often president because they are seen as protectors of national security,
voters will vote Democratic in Congress to ensure divided government
I.
Reassertion of
Congressional power in the 1970s
J.
Reforming
Congress?
IV.
The Presidency
A.
The Electoral
College
1.
Candidate that
wins the popular vote in a state wins all the state’s electoral votes
2.
Electoral votes
per state are determined by population/ representation in Congress
3.
Every state is
guaranteed electoral votes
B.
President v.
Prime Minister
1.
US president is
both head of state and chief executive
2.
A prime minister
is just the chief executive
C.
Powers of the
President
1.
Expanded
tremendously after New Deal because it gave the federal government a lot of
power
2.
Delegated powers
3.
Informal powers
a)
Media
b)
War
D.
Changing
relationship between Congress and President
E.
President’s
staff (under bureaucracy)
F.
Presidential succession-
25th Amendment
1.
If the president
dies, resigns, or is incapable of performing his duties, the vice president
becomes president
2.
The vice
president then selects a new vice president
G.
True sources of
presidential power are politics and public opinion
H.
Miscellaneous
1.
Executive
privilege (Nixon)
2.
Line-Item veto
a)
Right of the
president to veto certain parts of a bill but not the whole thing
b)
Unconstitutional
V.
Judiciary
A.
Separate Branch
1.
Selection
process
a)
President
appoints judges who are then confirmed by the senate
b)
Litmus test-
test the ideology of a judge up for appointment
2.
Terms- serve for
life
3.
Judicial review-
decide the constitutionality of laws or actions
4.
Overall role
B.
Strict
Construction (judicial restraint) v. Judicial Activism
1.
Strict
construction- interpret the Constitution literally by its exact language
2.
Judicial
activism- interpret the Constitution in a broad way to create rights that are
not specifically written in the Constitution
C.
Structure of the
Courts
1.
District-
original jurisdiction on federal crime cases
2.
Courts of
Appeals- hear appeals from lower courts to decide matters of law
3.
Supreme Court-
hear appeals to decide matters of law and have some original jurisdiction
D.
The Supreme
Court
1.
Jurisdiction
a)
Appellate- hear
appeals from lower courts
b)
Only have
original jurisdiction in cases involving states as parties or a foreign
ambassador
2.
Writ of
Certiorari- court says it will hear a case
3.
Judges are
appointed by the president and confirmed by Senate
a)
Litmus test-
test the ideology of a judge
b)
Serve for life
VI.
Bureaucracy
A.
Fourth Branch of
Government?
1.
Not written in
the Constitution- part of the unwritten Constitution
B.
Patronage
(spoils system) to the Pendleton Act (civil service system)
1.
Patronage
a)
Reward someone
for supporting you politically
b)
How the
government operated early on
c)
Andrew Jackson
abused patronage
2.
Pendleton Act
a)
Civil service
exam for many government positions
b)
Job protection
C.
Hatch Act- Limits
government workers’ participation in elections
D.
Service Role v.
Regulatory Role
1.
Service Role
a)
Provided
services for the people (delivered mail, veterans benefits)
b)
In the beginning
of our history, the bureaucracy played a service role because the federal
government was very small
2.
Regulatory-
began in the late 1800s
a)
Began after the
Civil War (states didn’t think to succeed) and after Industrialization
b)
Regulate
businesses (ex- ICC told railroads how much to charge)
c)
Controversial-
most regulation was supervised at first by Congress because people didn’t feel
that the bureaucracy had the right to set regulations
d)
Discretionary
Authority
(1)
Power of
agencies to do things on their own (without Congress) because they have the
expertise
(2)
This was put in
place in the 1930s when the Supreme Court ruled that it was constitutional.
E.
Criticisms of
the bureaucracy
1.
Red Tape
2.
Too big
F.
Power within the
system
1.
Iron triangles
a)
Congress
committee, bureaucracy, and interest group write legislation without the
president
b)
One way the
president is locked out of the legislative process
2.
Issue networks
a)
Media,
university professors, interest groups
b)
Do not include
agencies
G.
Structure of the
Bureaucracy
1.
What does each
do and how are officials appointed and removed?
2.
White House
Staff
a)
Closest to the
president
b)
Usually people
who worked on his campaign
c)
*Serve the
policy and political goals of the president*
d)
Do not need Senate confirmation (the president just appoints them)
e)
Can be fired at
any time by the president
3.
Cabinet
Departments- 15
a)
State, Treasury,
Justice…
b)
President
appoints and Senate confirms
c)
Can be fired at
any time by the president (serve at the pleasure of the president)
d)
Departments
are unique because they have huge budgets and access to the president
4.
Other Executive
Agencies (besides cabinet)
a)
EPA…
b)
Appointed by the
president and confirmed by the Senate
c)
Can be fired at
any time by the president
5.
Executive Office
of the President
a)
OMB (write a
budget for the president), CIA (brief the president every day)…
b)
*Purpose is to
provide information to the president*
c)
Appointed by the
president and confirmed by the Senate
d)
Can be fired at
any time by the president
6.
Independent
Regulatory Agencies
a)
Fed (controls
money supply), SEC (regulates financial markets), FCC…
b)
Regulate an
aspect of the economy
c)
Boards
appointed by the president and confirmed by the Senate so power is
decentralized and one person does not have so much direct influence in the
economy
(1)
Appointments are
staggered
d)
Do not serve at
the pleasure of the president (so the president doesn’t have control over
agencies that regulate the economy). Can only be removed for cause- go
through impeachment process to be removed so the president doesn’t have
influence
H.
Miscellaneous
1.
Legislative Veto
a)
Unconstitutional,
but they still use it
b)
Bureaucratic
action is put before Congress for approval.
c)
Since the
president doesn’t have a place in it,
it’s unconstitutional
VII.
Public Opinion
A.
Origins of political
attitudes
1.
Family
2.
Religion
3.
Gender (the “gender
gap”)
4.
Race
5.
Schooling- more
schooling more liberal
6.
Region
a)
Northeast and
West- democratic
b)
South and
Midwest- republican
B.
Ideologies
1.
Conservatism
a)
Keep things the
way they are
2.
Liberalism
a)
More progressive
in thinking and ideas
3.
Libertarianism
a)
Socially liberal
and economically conservative
b)
Small government
in all areas
c)
No government
intervention
4.
Populism
a)
Socially
conservative and economically liberal
b)
Want strong
government intervention in all areas
VIII.
Political Participation
A.
Why low voter
turnout? Who votes in higher numbers?
1.
Registration
a)
Complicated
process
b)
Motor Voter Law-
register to vote when you get a license
2.
Weekday voting-
hard for working people to get to the polls to vote
3.
Vote in high
numbers:
a)
Old people
b)
Religious people
c)
People with deep
convictions (pro life, pro gun, etc.)
B.
States decide
who can vote (from the Constitution)
1.
Restrictions in
the South after the Civil War to prevent blacks from voting
a)
Grandfather
clause
b)
Poll tax
c)
Literacy tests
d)
Intimidation
2.
States regulate
voting processes
C.
More of a
federal role over time, especially during the 20th century
1.
Expanded
suffrage- women (19th amendment) and 18 year olds (26th
amendment)
2.
Elimination of
race restrictions
a)
Voting Rights
Act of 1965 (eliminated race restrictions in national and state elections)
D.
Other forms of political
participation
1.
Lobbying
2.
Donating money
3.
Campaigning
IX.
Political
Parties
A.
Founders view
1.
Did not believe
in political parties
B.
Parties here
compared to Europe
1.
Two party system
a)
Consistent
public opinion on key issues
b)
American
Ideological Consensus- share common beliefs
c)
Social mobility
C.
Change in
influence
1.
Major parties
are weak
2.
Minor parties
influence the major parties
D.
Minor Parties
1.
Hard to win
elections
a)
Plurality
voting- person with majority of the votes wins, and minorities cannot get a
majority of votes
b)
Single member
districts/ winner takes all- only one person wins
2.
Role in the
political process
a)
Raise awareness
of ideas or issues
b)
Force parties to
adopt ideas or take a stance on an issue
c)
Voice of the
people who are alienated from goverment
X.
Elections and
Campaigns
A.
Primaries v.
General Election
1.
In the
primaries, republican candidates are more conservative and democratic
candidates lean liberal
2.
Primaries
3.
Caucuses
B.
Raising money
1.
Private v.
Public
2.
Campaign finance
rules
a)
Individual
contributions
(1)
At first
individuals were allowed to give soft money to political parties for “party
building activities,” but this money was really used for candidates for
elections, so a limit was put on individual contributions
b)
PACs (began in
the 70s)
(1)
Raise money for
candidates to get them elected
(2)
An individual can
only give $5,000 to a PAC, and a PAC can only give $5,000 to an individual
candidate
(3)
PACs have always
had hard money
(4)
Give money to
many different candidates and Congressmen.
They give to incumbents from both parties
c)
McCain-Feingold
(2002)
(1)
Limited
independent expenditures
(2)
Prohibited soft
money to political parties
(3)
Limited
independent expenditures
d)
527s
(1)
Organizations
that have no limits on raising and spending
(2)
Independent
expenditures so they only run ads and they cannot endorse candidates
e)
Citizens United-
created Super PACs
(1)
People can give
soft money to Super PACs, and Super PACs can use that money to run ads but they
cannot coordinate with candidates
(2)
Super PACs can
endorse candidates but cannot give money to candidates. They really only run ads
C.
Position v.
Valence Issues
1.
Position- issue
that divides the country and therefore politicians take different views
2.
Valence-
everyone agrees on the issues, and people vote for whoever is more apt to deal
with the issue
D.
Prospective v.
Retrospective voting
1.
Prospective-
looking toward the future
2.
Retrospective-
voting based on what happened in the past
XI.
Interest Groups/
Lobbying
A.
Why do we have
so many?
1.
Weak political
parties
2.
Diverse society
3.
Many access
points to government
B.
What leads to
the formation of more interest groups?
1.
Economic changes
2.
War
C.
Incentives to
join
1.
Material (AARP)
2.
Ideological
D.
How do they
reach citizens?
E.
How do they
influence government and legislation?
1.
Provide
information to legislators that appears in legislation because the interest
groups have the expertise
XII.
The Media
A.
Three main
functions
1.
Gatekeeper-
decide what stories are important (this role does not fully shape public
opinion because the media isn’t telling us how to think, they are just
introducing issues that we form our own opinions about)
2.
Watchdog- watch
over and investigate the main institutions of our society (government and
corporations)
3.
Scorekeeper-
keep track of political contests (this is a criticism of the media because the
media isn’t give us information on a candidates ideas and policies, they are
just focusing on the contest itself and the drama of the elections)
B.
Newspapers v.
Electronic media
1.
Electronic media
is more supervised than the government
2.
Newspapers don’t
need a license, but broadcast media does
C.
National media
v. Local outlets
1.
National media
tends to be more liberal and local media tends to be more conservative
D.
Regulations of
radio and TV
1.
Equal Time Rule
a)
If you sell
advertising time to one candidate, the opposing candidate must be given the
same opportunity to buy advertising
2.
Right of Reply
Rule
a)
If you are
attacked by a broadcaster (not a regular news show, more on opinion based
shows) you have the right to respond
3.
Political
Editorializing Rule
a)
If a candidate
is specifically endorsed by a broadcaster, the opposing candidate can go and
respond
4.
Fairness
Doctrine
a)
Both sides of a
controversial issue must be presented
b)
Abolished in
1987 because it made stations hesitate to report certain issues and therefore
inhibit honest debate
c)
Even though it
is gone, many stations follow it voluntarily
XIII.
Social Welfare
A.
Why
federalism? Compare “unitary” and
“confederation”
B.
Where do state
powers come from in the Constitution?
1.
10th
Amendment
C.
State
sovereignty
D.
Changing
federal-state relationships
1.
Grants
a)
Categorical
Grant
(1)
Money is given
for a specific purpose
(2)
Matching funds
(3)
Congress
dictates how the money be spent
b)
Block Grant
(1)
Money is given
for something general
(2)
Not so many
restrictions- states had more freedom
(3)
Welfare
c)
Revenue Sharing
2.
Mandates
a)
National
government tells the states what to do
b)
ADA- Americans
with Disabilities Act
(1)
States had to
make public places accessible for handicapped people
c)
Clean Air Act
(1)
States had to
create rules to regulate air quality
E.
Different kinds
of federalism
1.
Dual Federalism-
“layer cake”
2.
Cooperative
Federalism- “marble cake”
3.
New Federalism-
devolution (giving more power to the states- block grants)
4.
Fiscal
Federalism- national government's use of money to influence state policies
(includes mandates)
F.
When were the
social programs created
1.
Great Society-
under LBJ
G.
Majoritarian
programs (SS, Medicare) v. Client programs (Welfare)
1.
Majoritarian-
costs and benefits are widespread
2.
Client- everyone
pays but only few people benefit
H.
The coming
“entitlement” crisis
1.
There are more
people retiring and qualifying for entitlement programs than there are people
working and paying in to entitlements
XIV.
Environmental
Policy
A.
The start of the
Environmental Movement- Entrepreneurial politics
1.
Costs are narrow
(big companies pay the costs) and benefits are widespread
2.
Clean Air Act-
big companies had the burden to lessen car emissions
B.
Movement towards
Majoritarian politics
1.
Costs and
benefits are widespread
2.
People began to
feel the burden of cleaning the environment
C.
Interest group
politics; Client politics
1.
Interest group
politics- costs and benefits are narrow (example: acid rain conflict between
two groups)
2.
Client politics-
farmers with pesticides
D.
The Clean Air Act
1.
XV.
Civil Liberties
A.
What and where
are they?
1.
Restrictions on
the government that come from the Bill of Rights
2.
They protect us
from the government
B.
Selective
Incorporation
1.
At first the
bill of rights only applied at the federal level- they were adopted from the
fear of tyranny and to hinder the strength of the national government
2.
14th
Amendment was the first amendment that applied to the states
3.
The Gitlow case
defined incorporation, and began the slow process of incorporating each
amendment to the states
C.
Speech- In Our
Defense
D.
Religion- IOD
E.
Criminal Rights-
IOD
XVI.
Civil Rights
A.
What does the
term mean?
1.
Positive actions
of the government to create a more equal society
B.
The black
struggle for equality
1.
Early
strategies; growth of public support
a)
At first civil
rights activists when through the courts to overturn unconstitutional laws
because they did not have public support (ex: Brown v. Board of Ed)
b)
A change in
public opinion (more white sympathy towards blacks) and other factors allowed
the civil rights movement to go through Congress à
2.
The Civil Rights
Act of 1964
a)
Ended
discrimination in public accommodations
b)
Used the
commerce clause to enforce this act
C.
Women and the
“Strict Scrutiny” standard
D.
Affirmative
action
1.
Bakke Case
a)
Got rid of
quotas in admissions process
b)
Race can be a
determining factor in admitting a student (this helps everyone, not necessarily
black people because diversity on a campus helps everyone)
2.
University of
Michigan cases
a)
Gratz v.
Bollinger (Undergraduate Program)
(1)
Struck down on
the points system in the admissions process that gave minorities extra
points. The Court felt that this was too
close to a quota
b)
Grutter v.
Bollinger (Law School)
(1)
Just considered
race- wanted to use this to overturn Bakke
(2)
Court upheld the
idea of using race as a determining factor