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AP GOV CONCEPTS. FEDERALISM. FEDERALISM. 2008 Free Response. FEDERALISM. What is it? Expressed powers Implied powers Inherent powers Reserved powers Concurrent powers Prohibited powers. FEDERALISM. Buzz Words: Implied powers Elastic clause Nullification Commerce clause
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FEDERALISM • 2008 Free Response
FEDERALISM • What is it? • Expressed powers • Implied powers • Inherent powers • Reserved powers • Concurrent powers • Prohibited powers
FEDERALISM • Buzz Words: • Implied powers • Elastic clause • Nullification • Commerce clause • Dual federalism • Cooperative federalism • Fiscal federalism • Devolution • Grants-in-aid (categorical grant/block grant) • Mandates (unfunded mandates)
FEDERALISM • Key cases: • McCulloch v. Maryland • Lochner v. New York • US v. Lopez • Printz v. US • Gibbons v. Ogden • Brown v. Board of Education
FEDERALISM • Expressed/Enumerated powers • Legislative powers (veto, pocket veto, signing legislation). • State of the Union address. • Appointment power (to a domestic office). • Calling Congress into session. • Chief executive role (“faithfully execute the law” clause). • Commander-in-chief role
JUDICIAL REVIEW • 2011 Free Response
JUDICIAL REVIEW • Judicial review • It gives the Court the power to overturn laws passed by Congress/legislative branch or actions taken by the president/executive branch. • It gives the Court the power to limit actions taken by Congress/legislative branch or the president/executive branch.
JUDICIAL REVIEW • Key cases: • Marbury v. Madison • McCulloch v. Maryland • Gibbons v. Ogden
LAWMAKING • 2012 Free Response • 2009 Free Response • 2006 Free response • 2003 Free Response • Three primary duties of Congress • Writing laws • Overseeing implementation of laws • Serving the needs of constituents
LAWMAKING • Buzz Words: • Filibuster • Senate only! Allows a senator to prevent/delay action on a bill • Prevents other business from being conducted • Rules Committee • Makes it easier or more difficult for bill to pass • Makes the process more efficient/orderly/manageable • Conference Committee • Reconciles differences in House and Senate versions of a bill • Congressional Oversight • Budgetary process (power of the purse) • Committee hearings • Confirmation or rejection of political appointments to the bureaucracy • Investigations • New legislation • Legislative veto (now unconstitutional) • Casework (dealing with constituent issues) • Diverts time, resources, and staff, thus reducing members’ ability to focus on legislation. • Develops awareness of problems, thus focusing more time and resources on related legislation.
LAWMAKING • Majority Party Advantage (House): • Holds committee chairs • Controls Rules Committee • Sets the agenda • Controls debate • Chooses Speaker of the House • Holds majority on each committee • Assigns bills to committees
LAWMAKING • Differences in House and Senate rules: • Why a bill might pass in one chamber but not the other • Filibuster—even though the House may pass a bill, the Senate can kill the bill with a filibuster. • Holds—even though the House may pass a bill, the Senate can delay or stop it with a hold. • Unanimous consent agreements—the Senate can ease passage of a bill with unanimous consent agreements, while the House has no such mechanism. • Germaneness—the Senate can add unrelated content that members of the House might find objectionable. • Rules Committee—even though the Senate may pass a bill, the House Rules Committee can hinder passage of that bill in the House.
LAWMAKING • Why bicameralism? • Compromise at Constitutional Convention • Protect minority interests • Slow the process of lawmaking • Prevention of majority tyranny
LAWMAKING • Why did Framers give House unique powers? • Closer to the people • More representative and responsive to the public • 2 year terms • Powers unique to House: • Initiate revenue bills • Impeachment power • Choose President in an electoral college deadlock
LAWMAKING • Why did the Framers give the Senate unique powers? • More “mature”/ “august” body • More insulated from public opinion (originally not directly elected) • Longer and/or staggered terms • Originally reflected more state than popular interests • Powers unique to Senate: • Treaty ratification • Confirmation of judicial and executive appointees • Try impeachment hearings
LAWMAKING • Committee system influences on legislative process • Specialization- development of expertise; independence from executive branch; more attention paid to legislation; • Reciprocity/logrolling- vote trading; speeds process • Party representation on committees- party pushes own agenda and determines committee chairs
POLITICAL CULTURE/BELIEFS • “Rally round the flag” • Motor voter law • Political cleavage • polarization • Buzz Words: • Conservative • Liberal • Libertarian • Socialist • Populist • Democrat • Republican • Political efficacy • Political socialization • Public opinion • Political ideology • Political efficacy • Split-ticket voting • Straw poll • Scientific poll
POLITICAL PARTIES • 2006 Free Response
POLITICAL PARTIES • Fundamental goals • Elect candidates to office • Gain control of government • influence policy by electing candidates to office and gaining control of government
POLITICAL PARTIES • Buzz Words: • Republican • Democrat • Third Party • Dealignment • Realignment • Critical election • Closed primary • Open primary • Blanket primary • Proportional representation • Two party system
MINORITY REPRESENTATION • 2012 Free Response • 2008 Free Response • Has increased since 1960……. • BUT….still faces barriers
MINORITY REPRESENTATION • Aids to representation: • Voting Rights Act • Eliminating voter registration requirements (e.g., literacy tests, residency requirements) that • prevented minorities from voting led to increased access for minority voters. • Creating federal oversight of elections helped eliminate discriminatory mechanisms (e.g., voter • intimidation, ballot fraud) that were used to prevent minority voters from voting, which led to • increased access for minority voters. • Eliminating the use of English-only ballots that prevented non-English-speaking minorities • from voting led to increased access for minority voters.
MINORITY REPRESENTATION • Aids to representation: • 15th Amendment • “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” • 24th Amendment • Eliminating poll taxes that limited voting by lower-income people led to an increase in minority voting because minorities are often overrepresented among poor people
MINORITY REPRESENTATION • Aids to representation: • Alternative forms of political participation • Demonstrations/protests/public rallies/civil disobedience • Organized interest-group activity (e.g., NAACP) • Courts/litigation • Boycotts • Election activities other than voting (campaigning, donating)
MINORITY REPRESENTATION • Barriers to representation: • Barriers for minority candidates • Incumbency advantage • Gerrymandered districts • Majority-minority districts • Prejudice, racism, sexism • Electoral resources • Electoral qualifications • Single-member districts/winner-take-all
MINORITY REPRESENTATION • Barriers to representation: • Barriers for minority voters • I.D. requirements • English-only ballots • Felony disenfranchisement • Purging voter rolls • Voter intimidation • Literacy tests • Poll taxes • Grandfather clauses • Dilution of voting strength through redistricting • White primaries • Election procedures (notification, access)
POLITICAL INFLUENCE ON JUDICIARY • 2012 Free Response • 2005 Free Response
POLITICAL INFLUENCE ON JUDICIARY • Political factors for judicial appointment: • campaign promises • gender • geographic diversity • home-state senator (if lower courts) • ideology • interest group input • issue positions • party • potential for confirmation success • professional background, experience, education • race • religion • scandal
POLITICAL INFLUENCE ON JUDICIARY • Political factors for judicial confirmation: • advice and consent • campaign promises • filibuster • gender • geographic diversity • holds • home-state senator (if lower courts) • ideology • interest group input • issue positions • the media (televising Judiciary Committee hearings) • party • professional background, experience, education • race • religion • safe/weak nominee • scandal • senatorial courtesy
POLITICAL INFLUENCE ON JUDICIARY • Legislative checks on court decisions: • amendments • confirmation • congressional funding • impeachment • jurisdiction stripping • legislation
POLITICAL INFLUENCE ON JUDICIARY • Executive checks on court decisions: • power of appointment • executive enforcement
POLITICAL INFLUENCE ON JUDICIARY • Ways Supreme Court is insulated from public opinion: • Appointed not elected • Life terms • Court sets it’s own agenda and controls the docket • Salaries cannot be reduced • There is limited access to court proceedings
POLITICAL INFLUENCE ON JUDICIARY • Reasons Supreme Court does not deviate too far from public opinion: • Appointment and confirmation processes have political realities • There is a reliance on other public officials to execute decisions • Constitutional amendments can overrule decisions • Credibility/legitimacy of the institution itself (individual reputation or the reputation of the Court) • Potential for impeachment • Congressional control of appellate jurisdiction • Congressional control of the number of justices
INTEREST GROUPS • 2012 Free Response • 2010 Free Response • 2006 Free Response • 2004 Free Response • 1999 Free Response
INTEREST GROUPS • Fundamental goals: • Influence public policy • Influence Congress/government • Change laws
INTEREST GROUPS • Interest Group techniques in influencing elections: • campaign contributions • candidate ratings • endorsements • 501(c)4 (tax-exempt non-profit organization) • 527 • funneling volunteers to campaigns • GOTV (“get out the vote”) efforts • independent expenditures • issue ads • PACs • providing information on issue and candidates
INTEREST GROUPS • Ways interest groups influence policy: • Grassroots mobilization — interest groups organize citizens, who act to influence policymakers • Lobbying — direct contact with policymakers for the purpose of persuasion through the provision of information, political benefits, etc. • Litigation — the use of courts to gain policy preferences through cases or amicus curiae
INTEREST GROUPS • How interest groups use issue networks and amicus curiae briefs: • Interest groups participate in issue networks by providing money, information, and resources in hopes of obtaining political support from Congress, the bureaucracy, or the White House. • Interest groups use amicus briefs to inform the Court in hopes of influencing the acceptance of cases, Court reasoning, or decisions
INTEREST GROUPS • Media/pluralism limits on interest groups: • Media can act as a gatekeeper of information or a watchdog of interest group behavior. • Pluralism limits interest group influence because of the competition among a vast number of groups.
INTEREST GROUPS • Interest group protections (Bill of Rights): • Speech — allows citizens to say almost anything they want • Press — allows citizens access to information, each other and policymakers; printed advocacy • Assembly — allows citizens to come together • Petition — allows citizens to address government • Various due process/criminal justice provisions (e.g., grand jury indictment, jury of peers, search and seizure) — protects citizens from retribution/harassment from government
INTEREST GROUPS • Government regulations regarding interest groups: • Disclosure of contributions, funding or activities • Registration of lobbyists, PACs • Campaign finance laws • Limits on gifts • Limits on revolving-door appointments • Limits on honoraria • Prohibition of bribery • On 2010 Exam the rubric allowed= “Any named law or regulation with a description of what it does to regulate interest groups”