Unit 1

Aim 1: How is the balance of power and individual rights reflected in the political development of the
US?

 Declaration of Independence
- Unalienable rights Natural rights: Life, Liberty, Pursuit of Happiness
- Purpose of govt To secure these rights
- Popular Sovereignty Power comes from people (“…consent of the governed.”)
- Right of rebellion against a govt that doesn’t do its job of protecting natural rights.
 Constitution
- “We the People” Popular Sovereignty
- Govt should secure “Blessings of Liberty”
- Govt should also provide order, security, “general welfare”
- Separation of power 3 branches (Leg., Exec., Jud.), Federalism (national and state power),
checks and balances
 Locke’s Social Contract Theory People submit to govt rule in order for their rights to be
protected and society to be stable.

Aim 2: How do we see 3 different models of representative democracy in US society?

 Participatory Democracy
o All or most citizens participate directly by either holding office or making policy
 Pluralist
o Govt by people operating thru competing interest groups
o Combats majoritarianism by protecting rights of minority
 Elitist
o Small group of greatest wealth hold power
o Still try to make lesser people happy so they stay elite

Aim 3: How did Constitution emerge from weaknesses of the Article of Confederation?

 Weaknesses of the Articles of Confederation

o No power to collect taxes
o No power to regulate trade
o No power to maintain an army
o No power to enforce treaties
o Unicameral legislature Weak federal govt Lack of unity Lack of success in foreign
relations
o No exec. or jud. branch
o Difficult to amend
 Shay’s Rebellion
o Leads to Constitutional Convention Federation
 Federalism
o Balance each govt is suited to deal with issues that are appropriate
o Large republic Protects against factions
 o Unlikely that a majority will form to invade rights of citizens
o Unlikely that a faction leader will gain power over an entire country (too big)
 Antifederalist
o Country is too big to elect true representation
o Govt will be too big to be efficient
o Concern for lack of confidence in legislature that will result in necessary martial law
o Power will be abused by fed govt who don’t have the people’s interests in mind

Aim 4: How do we see compromise and political negotiation at the Constitutional Convention?

Constitutional Compromises

 Great Compromise
o How should representation work?
o Solution: Bicameral Legislature
o House representation based on population, Senate gets 2 reps per state
 3/5 Compromise
o How should slaves count in terms of taxation and representation?
o Solution: Each slave counts as 3/5 of a person in terms of both.
 Slave Trade Compromise
o Should slave trade be outlawed?
o Solution: Enable it until 1808
 Commerce Compromise
o Should Congress be allowed to levy tariffs?
o Solution: Only on imports.
 Executive Elections
o What should the Executive branch look like?
o Solution: One executive, serves for 4-year term and is elected indirectly by the electoral
college.

Ability to Amend

 Must be proposed by 2/3 of each house of Congress.

 3/4 of states must agree to ratify.

Bill of Rights

 Protection of individual from power of fed govt

 Added to satisfy concerns of Antifederalists

Aim 5: How does the Constitution create a competitive policy process that represents the will of the
people and protect freedom?

 Fed Govt
o Delegated Powers
o Declare war
o Treaties (Foreign Relations)
 o Coining
o Patents and Copyrighting
o Post Office
o Maintaining Army
o Taxes
o Naturalization (Citizenship)
o Regulate Interstate Commerce
o Regulate Foreign Trade
o Elastic Clause (“Necessary & Proper”)
 State Govt
o Reserved Powers
o Licensing
o Education
o Elections
o Intrastate Commerce
 Concurrent Powers
o Taxes
o Courts
o Crime & Punishment
 Fed #51
o Govt that is separated into both layers and branches: fed/state, 3 branches render
abuse of a negative majority untenable.
 Prevention of Abuse
o Checks and Balances
o Impeachment
o Judicial Review

Aim 6: How does federalism reflect a dynamic distribution of power that has changed over time?

 Dual Federalism
o State
o National
o Concurrent
 McCulloch v. Maryland
o State of MD taxes BUS
o Court rules that BUS is constitutional congress and can use necessary and proper clause
o Fed govt is supreme, states cannot tax fed govt
 Growth of Fed Govt
o Cooperative Federalism
o Federal supervision of the states/more involvement of the national govt in
making policy
o Use of Incorporation (14th Amendment)
o Bill of Rights also applies to state govts
o Commerce Clause
 o Congress uses its authority to regulate interstate commerce to legislate in many
areas
o Grants: $$$ given to states by fed govt
1) Categorical – Strengthen fed power
2) Formula – Strengthen fed power
3) Project
4) Block – Better for state power
 Mandates
o Laws passed by Congress ordering states to enact policies, often unfunded
 Devolution
o 1990’s (more conservative Supreme Court)
o Rolling back the size of fed govt/shift of responsibilities back to state govts
 Lopez v. US
o High school senior charged for violating Gun-Free School Zone Act
o Court ruled law unconstitutional, doesn’t connect to Congress’s interstate commerce
regulation power

Unit 2: Interactions Between Branches of Govt

Aim 7: How is Congress structured and organized?

 Bicameral Legislature
 Great Compromise
o H of R
o The People
o Senate
o The Elite
 Powers of Congress
o Enumerated
o Taxes/Tariffs
o Borrow $$$
o Regulate Interstate Commerce/Foreign Trade
o Citizenship
o Bankruptcy
o Coin $$$
o Standard Weights and Measurements
o Punish Counterfeit
o Post Office
o Patents/Copyrights
o Establish Courts
o Raise & Regulate Army/Navy
o Declare War
o Regulate State Militia
o Govern DC
 o 12th Amen.: Certify Pres. Election when no candidate has majority
o 16th: Income Tax
o 20th/25th: Presidential Succession
o Implied
o “Necessary and Proper Clause”
o Expanded power of fed. Govt
o Laws enacted regarding social, economic, environmental issues
 Congress Cannot
o Suspension of Habeas Corpus except in case of emergency
o Expost facto law
o Bill of attainder

Aim 8: How does the structure and functions of both houses of Congress affect the policy making
process?

Legislative Process

 Bill proposed to House

 Committee/Subcommittee
 Floor: Debate and vote
 Proposed to Senate
 Committee/Subcommittee
 Floor: Debate and vote
 Conference committee: Iron out differences between versions of the Bill
 House and Senate vote on revised bill
 President: Sign or Veto
 Congress can override vetoes (2/3 of House and 2/3 of Senate)

Committee System

 Permanent Committees
o Standing Committees
o Permanent panel with full legislative functions and oversight responsibilities
o House Rules Committee
o Very powerful
o Sets procedure for every bill and proceeding that takes place in the House
o Appropriations, ways and means, Senate Judiciary
 Select/ Special Committees
o Formed for a specific purpose
o Investigate policy
o Write/revise bills
o Oversight of exec. agencies
o Committee makeup reflects maj./minority ratio in Congress
o Chairperson of committee
o Powerful
o Scheduler, Gatekeeper, decides who is the next chairperson
Legislating & Policy Making Process

House of Representatives

 Formal
 Hierarchical
o Leadership & Seniority holds more power
o Rules committee has a strong influence
 Unique Tools
o Discharge petition: If a majority of House votes, it can force the bill out of committee
onto the floor for a vote.
o Committee of the Whole: small group of legislators can form this committee, only need
a quorum of 100 congressmen to take action
 Leadership
- Speaker of the House
o Presides over House
o Controls bill assignment, scheduling, committee appts
o Works w/ rules committee
- Maj. Min. Leaders
o Represents the party’s views and intents in the House
- Whips
o Make sure that party members support legislation

Senate

 Informal
 Longer terms (6 yrs)
 2 Per state
 More prestigious
 Less rules
 Minority parties hold more power than House
 Unique tools
- Hold: A senator can ask for a bill to be held in committee
- Filibuster: Senator holds the floor for unlimited debate, can be ended by cloture, a vote of
60 senators
- Unanimous Consent: Senator can request to hurry procedure and skip rules and if all agree
they can.
 Ratifies treaties
- Focus on foreign policy
 Advise and consent to presidential appointments
- Federal judges, ambassadors, cabinet heads
 Leadership
- Pres of Senate: VP
- Pres Pro Tempore
- Maj. Min. leaders
- Maj. Min. Whips
Aim 9: How is congressional behavior influenced by election processes, partisanship or divided govt?

Congressional Elections

 Direct election of Reps

 Direct election of Senators (17th Amendment)
 Incumbency Advantage (especially in the House)
- Name recognition
- Proven record
- Franking: Privilege of using free mailing
 Redistricting And Gerrymandering
- Baker v. Carr (1961)
o State politician challenged that districts did not properly reflect population changes
o Court ruled that this violated equal protection clause of 14th Amendment because
not every citizen then has an equal vote
o Result: Redistricting must occur every 2 yrs following the census by state govt
- Shaw v. Reno (1993)

Partisanship

 Growing polarization
- Members of Congress become more one-sided in terms of their party views
- Less “reaching across the aisle”
- Gridlock: Inability of the parties to compromise and pass legislation

Aim#10: How powerful is the modern American president?

Constitutional Guidelines

 35 yrs old
 Naturally born citizen
 Elected via Electoral College

Presidential Powers

 Commander in Chief
 Pardons
 Negotiate treaties
 Appointments
 Fill vacancy in Senate
 State of Union address
 Can convene special sessions of Congress
 Informal Powers
- Derived from president’s duty to “faithfully execute” laws
 Chief Executive
 Executive Order
- Pres can issue a directive to fed agency to enforce a law or respond to emergencies
- Doesn’t need congressional approval
  Chief Diplomat
- Foreign policy
- Executive Agreement
 Crisis Manager
 Head of their political party

Tension between Congress and Pres

 Use of informal powers by Pres conflict with congressional agendas

 Exec appointments can be controversial
 Congress can launch investigations on Pres and Exec branch
 Impeachment is the ultimate Congressional check on the Pres
 War powers a balancing act (War Powers Act of 1973)
- If Pres deploys troops without Congress authorization, 60 days max
- Pres must consult with Congress within 48 hrs of troop deployment

The Imperial Presidency

 Modern presidents have taken the lead in foreign policy decisions/acting in “defense of the
nation
 Increased use of “Bully Pulpit”
- Role of Pres is to convince the nation to do the “right” thing
 Increased use of Pres power
 Social media allows for immediate and constant communication between pres and nations

Aim #11: How does the Judicial branch operate as a powerful branch of the govt?

Constitutional Guidelines

 Article III
- Very short, vague
 Federal judges
- Appointed by Pres
- Approved by Senate
- Serve for life
 Current structure set up thru the Judiciary Act of 1789 & case of Marbury v. Madison
 Judiciary review
- Court can determine the constitutionality of the actions of the other branches

Structure

 Federal district courts

 Circuit Courts
 Supreme Court
 ^^^Order of courts from bottom to top

Court’s Power

- Judicial Review
 - Courts can determine constitutionality of acts of the other branches of govt
- Stare decisis
- Legal precedent
- Judicial decisions are based on previous case law
- Process
- Case that wants to be heard by Supreme Court must file a writ of certiorari
- The Rule of Four: For a case to be placed on docket, four justices must agree to hear it.
- Generally choose cases with a strong social/political interest, ideological preference or
possible circuit court conflict.
- Case is presented: Both sides will present law briefs, then present oral arguments
- Justices vote, Chief Justice assigns opinion writing
- Majority, Minority, Concurring
- Judicial Activism
- Idea that the court can & should reinterpret the Constitution to serve the needs of
contemporary society

Aim #12: How does the federal bureaucracy carry out the responsibilities of the federal government?

Features

- Administrative system
- Divides tasks between specialists
- Hierarchical system
- Merit system
- Civil service exam
- Non-elected positions
- Heads of bureaucratic agencies are appointed by Pres.
- Bureaucracy
- Cabinet Departments
o Headed by Secretaries
o Ex: D.o.D., Homeland Security
- Independent Executive Agencies
o Outside of cabinet
o Specific functions or goals
o Ex: CIA, NASA
- Government Corporation
o Govt run business
o Ex: USPS, Amtrak
- Independent Regulatory Commissions
o Enforce regulations
o Ex: FDA, EPA

Checks on Bureaucracy

- Congress
- Creates/abolishes departments and agencies
 - Power of the Purse
- Investigate agency’s activities/hold committee hearings
- Pass legislation that can alter agency’s authority and abilities
- Appointment confirmation
- Pres
- Appoints agency heads
- Reorganize different departments and agencies
- Issues executive orders
- Budget
- Courts
- Judicial review on bureaucratic actions

Skip a few…

4. Second Amendment (Right to Bear Arms)

- Protected right
- Interpreted on an individual basis (not necessarily related to militia)
5. Fourth Amendment (Search and Seizure)
- Need for a warrant
6. Eighth Amendment
- Bans cruel and unusual punishment
- Death penalty legality varies among states

Aim #14: How has selective incorporation prevented states from infringing upon basic liberties?

 Selective Incorporation
- Protection of the Bill of Rights are also applicable to State government
 McDonald v. Chicago
- Gun bans in Chicago challenged on basis of 2nd Amendment
- Court rules against Chicago on basis of 14th Amendment

Aim #15: How has the 14th Amendment’s equal protection clause been used to advance the support of
equality?

 Civil Rights
- Protection of individuals against discrimination based on characteristics such as
race, ethnicity, religion, and sex.
- Protected by the 14th Amendment’s equal protection clause and due process
clause
- Protected by numerous Acts of Congress

Skip a few…

 Conservative
- Anti-Abortion (Pro-Life)
- Emphasis on Judeo-Christian values (Yes religion in government)
- Cut taxes by taking money out of social welfare programs
- Equality achieved, no need for government help
 - Limit immigration
- Care less about climate change/environment
 Liberal
- Pro-Abortion (Pro-Choice)
- Separation of church/state (No religion in government)
- Pro social welfare programs
- Equality not yet achieved, still need govt help
- Pro immigration
- Care more about climate change/environment
 Libertarian
- Government should not be involved beyond the protection of private property
and individual liberty

Aim #19: How is political participation influenced?

 Expansion of suffrage in the US

- Property owning white males
- Universal white male suffrage
- 15th Amendment: Black men
- 19th Amendment: Women
- 24th Amendment, Voting Rights Act: Removal of barriers in the South
- 26th Amendment: 18-year-olds
 Political Efficacy
- Belief that your individual political participation matters
 Challenges to Voting
- Weekday elections
- Registration prior to election day
- Demographic characteristics: Influence voter turnout and choices

Aim #20: Linkage Institutions

 Linkage Institutions
- Channels thru which citizens can connect with and influence the policy making
process
 4 main linkage institutions
1) Political Parties
2) Interest Groups
3) Elections
4) Media

Aim #21: How do political parties play a role in American democracy?

 Functions of Political Parties

- Mobilizes citizens to vote
- “Education” of voters
 - Represents voters w/ a neat set of political ideals
- Candidate recruitment
- Management of campaigns
- Leadership system
- Main goal: Put members of their party on as many seats as possible in all layers
of government

Aim #24: How is a modern campaign organized and financed?