some quotes on government “if men were angels no government would be necessary.”

Some Quotes on Government

“If men were angels no government would be necessary.”

“A corporation's primary goal is to make money. Government's primary role is to take a big chunk of that

money and give it to others.”

“Democracy is the only system that persists in asking the powers that be whether they are the powers that

ought to be. ”Democracy gives every man the right to be his own oppressor.

“If human beings are fundamentally good, no government is necessary; if they are fundamentally bad, any government,

being composed of human beings, would be bad also.”

Are people fundamentally good? If so, then what is the purpose of government?

English CivilWar

ThomasHobbes

People needed strict control to survive

Believed people were cruel, greedy, and selfish

people accepted an absolute government for order and security

Hobbes does not support divine right

Violent

Destructive

GloriousRevolution

JohnLocke

The power of government should be limited and accepted by the people

Peaceful

Productive

People are born with natural rights: life, liberty, and property

Believed people were good

The purpose of government is to protect people’s rights

People have the right to rebel against a government that is not good

Email Question– Read the following two ideas about the Enlightenment. Which do you think is more important?

Why?

• During the Age of Reason (Enlightenment), people began to think about the welfare of society, freedom of the individual and happiness of humanity.

• Enlightened thinkers saw the most important duty of the government to be protecting the rights of the people. They also believed that the people have the right to rebel against a government that violates or fails to protect the rights of the people.

v

Locke

“We the People of the United States, in Order to form a more

perfect Union, establish Justice, insure domestic

Tranquility, provide for the common defense, promote the general Welfare, and secure

the Blessings of Liberty to ourselves and our Posterity, do

ordain and establish this Constitution for the United

States of America.”

If John Locke were asked what the most important phrase

of the preamble to the United States Constitution

what do you think his answer would be? Explain

Our Political Beginnings

• American colonist benefited from a developing English tradition of ordered, limited, and representative government.

• This tradition was based on some important English documents known as the Magna Carta, and the English Bill of Rights.

The Coming of Independence

• Great Britain became more involved with the colonies in the 1760’s

• Twelve of the 13 colonies joined in the First Continental Congress to plan opposition to British policies.

• In May of 1775, the Second Continental Congress began. It became the government of the United States and produced the Declaration of Independence.

The Critical Period

• To provide a more lasting plan for government, the SCC created the Articles of Confederation.

• The Articles contained many weaknesses and led to bickering among the States

• The chaos of this critical period led to a movement for change toward a more powerful central government at the Constitutional Convention in May 1787.

Problems with the Articles of Confederation

In paragraph form, describe some possible solutions to the problems posed by the

Articles of Confederation

Unit I. Constitutional UnderpinningsDQ #3

Constitution Convention

Constitutional Convention (summer of 1787)

Unit I. Constitutional UnderpinningsDQ #4

Federalists & Anti-Federalists

Complete the chart on the views of the Federalist & Anti-Federalist

Unit I. Constitutional UnderpinningsDQ #5

On a white sheet of paper draw the diagram of checks and balances in the Federal

Government.

The Six Basic Principles

Popular Sovereignty

In the United States, all political power resides in the people.

The Six Basic Principles

Limited Government

The principle of limited government holds that no government is all-powerful, that a government may do

ONLY those things the people have given it the power to do.

Constitutionalism: Government must follow the Constitution

Rule of Law: Government and its officers are subject to the law and not above the law.

The Six Basic Principles

Separation of Power

Powers are distributed and separated among three branches of government

The Six Basic Principles

Checks and Balances

Each branch is subject to a number of constitutional checks (restraints) by the other branches. In other words, each

branch has certain powers witch which it can check the operations of the other two.

The Six Basic Principles

Judicial Review

The power of judicial review is the power of courts to determine whether what

government does is in accordance with what the Constitution says it can do.

The Six Basic Principles

Federalism

The principal of federalism is the division of power among a central government and

state governments.

The Constitution

1. Preamble

2. 7 articles

3. Amendments

Unit I. Constitutional UnderpinningsDQ #6

In paragraph form, interpret the following quote by Thomas Jefferson.

“The Constitution belongs to the living and not to the dead.”

Amendment

• Since 1789, 27 amendments have been added to the Constitution

• The first ten amendments, known as the Bill of Rights, guarantee several basic freedoms.

Unit I. Constitutional UnderpinningsDQ #7

“Quest” Review

• Social Contract Theory• Purpose of the Declaration of

Independence• Problems of the Articles of Confederation• Virginia Plan and New Jersey Plan• Compromises • Federalist & Anti-Federalist• Amending the Constitution

Unit I. Constitutional UnderpinningsFederalism

DQ #7

Describe the findings United States v. Lopez in the United States Supreme Court.

(pg. 66-67)

Today’s Topics

• Definition of Federalism

• Federal/Unitary/Confederate Organizations of Government

HW• Read James Bryce “The

Merits of the Federal System” (1888) (Civil War in the 1860’s)

• Complete a five branch tree-map showing the five benefits that Bryce writes about.

• Bring Index Cards

Unit I. Constitutional UnderpinningsFederalism

DQ #8

Without looking at your notes, list the five benefits of the Federal System that Bryce

wrote about.

Today’s Topics

• The Constitution’s Distribution of Power

DISTRIBUTION OF POWERS BETWEEN THE ORDERS OF

GOVERNMENT

52

The questions

• What responsibilities are best assigned to the central government?

• What responsibilities are best assigned to regional governments?

• What responsibilities are best shared by both levels of government?

• How much asymmetry possible, or desirable?

• What criteria help us decide who does what?

53

I. Designing the division of powers

54

Functions and Instruments

• Federal constitutions allocate responsibility – In functional areas or spheres of government

activity – education, environment, security, etc.

– And they allocate tools, or instruments, that governments can use to shape policy:

• Powers to spend and tax• Powers to regulate• Powers to legislate

55

Powers can be allocated in different ways

• Exclusive powers– Only one government can act in the area– Can be exclusively central– Or provincial

• Concurrent powers– Both levels can act in the area– Usually subject to rules of ‘paramountcy’ – if there

is conflict, which prevails?– Normally, not always, central– Powers may be explicitly concurrent or implicitly

(overlapping)

56

Legislative and Executive Powers

• Legislative and executive authority can be combined or separated:– Combined. The jurisdiction responsible for

passing legislation in a field is also responsible for implementing it

– Separated. One order of government legislates and the other order of government implements

57

Legislative and Executive Powers

• Combined system reinforces autonomy and legislative control over the executive (accountability)

• Separated system allows for flexible application of national norms and requires intergovernmental collaboration

• But may make it more difficult for citizens to understand who is responsible and hold them accountable

58

Many variations

• Older federal constitutions allocate power in very general ways; newer ones allocate powers in more detail.

• Residual powers: who is responsible when the constitution is silent, or when new issues, not in the constitution, arise?– US – all residual powers to the states; but in fact

federal Trade and Commerce power and supremacy clause go the other way.

59

Discuss criteria that should be used when determining which level of government

should be granted which powers.

II. Criteria for allocating powers

61

How to decide who should do what?

There are several criteria that federations can use to decide on the allocation of powers– The values and preferences of citizens and

groups– The nature of the problems that governments

face– The goal of maximizing citizen participation,

accountability, etc.– The capacities of governments at different

levels– Economic efficiency

62

Responding to preferences• What are the issues or questions that citizens feel

need country-wide, consistent, uniform solutions (‘’national standards’’)? These should generally be assigned to the center – Examples: Health care, Higher Education, Social Security…

• What are the issues where citizens in different regions have their own distinctive values and preferences? These should generally be assigned to the regions– Examples: Language policy when there are different

languages

63

Responding to the problems

• Some problems that governments face are inherently national, or cross regional. They are normally assigned to the central government– Examples: air traffic control, defense, security.

These should be assigned to the center.

• Some problems are inherently local. They are normally assigned to regional governments– Examples: local schools, roads, etc.

64

Capacity: the ability to respond

• If the problem a region faces (e.g. a polluted river) is caused by the actions of another region (spillovers),or

• If an action one region takes has negative effects on another (externality) --

• then central control is necessary. By itself no region can solve the problem

• If redistribution (sharing across regions) is desired, this is also a central responsibility.

• Whatever responsibilities are assigned to regions, it is essential that they have the financial, political, bureaucratic and financial resources to carry them out.

65

Emergencies

• Emergency Power: Exists in some countries. A federal power to override provincial jurisdiction in certain circumstances. Needs to be carefully limited

• In new federations, when regions unable to carry out responsibilities – provisions for central government supervision, monitoring, intervention

66

Today’s Topics

• The National Bank

• Modern Federalism (Fiscal Federalism)

Why was there such a debate over the National Bank?

•James McCulloch

•Maryland

Summary Of the Case

Maryland sued McCulloch saying that Maryland had the power to tax any business in its state and that the Constitution does not give Congress the power to create a national bank..

Maryland put a statute imposing a tax on all banks operating in Maryland not known by the state.

Arguments

• For McCulloch- The bank was a legitimate federal function with which no State may interfere. The Maryland tax on the national bank, therefore, was unconstitutional.

• For Maryland- As a sovereign State, Maryland was vested by its people with all authority to regulate business and to tax institutions inside its borders.

Supreme Courts Decision

• In an opinion written by Chief Justice Marshall, the Supreme Court unanimously ruled in favor of McCulloch and against the state of Maryland.

• The Court also rejected Maryland's argument that the Constitution did not explicitly allow for a national bank.

• The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by congress to carry into execution the powers vested in the general government.

• Gibbons v. Ogden (1824)

• United States v. Lopez (1994)

• Seminole Tribe of Florida v. Florida (1996)

• Pintz v. United States (1997)

• Mack v. United States (1997)

• United States v. Morrison (2000)

• Fiscal Federalism: The pattern of spending, taxing, and providing grants in the federal system.

• Categorical Grant: The main source of federal aid to the state and local governments. These grants can only be used for specific purposes.

• Block Grant: Given to states to spend with more discretion than categorical grants.

• Mandate: To for states to comply with federal rules.

Commerce Clause

Allows Congress to enact laws to “regulate interstate commerce.”

Implied Powers“Necessary & Proper Clause”

Congress can make all laws that are “necessary and proper” in carrying out

their expressed powers.

Unit II: Political Beliefs and Behaviors“Public Opinion”

DQ#11. Do you approve or disapprove (or unsure) of

the job that Preside Obama is doing?

2. Do you approve or disapprove (or unsure) of the job that Congress (the legislative branch) is doing?

3. Is our country heading in the right or wrong direction (or unsure)?

4. Are you a Democrat or Republican (or unsure)?

Public Opinion

The populations beliefs about policy and politics

In order for a democracy to function correctly the government must be

able to gauge public opinion

Unit II: Political Beliefs and Behaviors“Political Socialization”

DQ#2

Pg. 185-186 Describes how the family, mass media, and schools influence a person’s public opinion. Complete a three branch tree map discussing how each of these factors lead to political socialization.

Where do people get their beliefs about policy/politics from?

• Family

• Mass Media

• School

Family

Mass Media

School

Next Monday?4:30pm

(Take another practice test. We will use

the AP timing to do both FRQ and MC)

T h e E x a m sThe AP Microeconomics Exam and the AP Macroeconomics Exam are each a littleover 2 hours long. Each exam consists of a 70-minute multiple-choice section and a60-minute free-response section. Some questions in the free-response section require graphical analysis. The free-response section begins with a mandatory 10-minute reading period. During this period, students are advised to read each of the questions, sketch graphs, make notes and plan their answers. Studentsthen have 50 minutes to write their answers. The multiple-choice section accounts for two-thirds of thestudent’s exam score and the free-response section for the remaining one-third.

2nd Half of Government(Remember 12 weeks instead of 18 because of

testing dates)

2 Weeks Legislative (Test/Notebook)1 Week Spring Break (There will be work)

2 Weeks Executive (Test/Notebook)1.5 Weeks Judicial (Notebook).5 Weeks (Practice Govt. Test)

The AP United States Government and Politics Exam is 2 hours and 25 minutes long. It includes a 45-minute multiple-choice section consisting of 60 questions and a 100-minute free-response section consisting of 4

questions.

• The National Legislature

• The House of Representatives

• The Senate

• Members of Congress

The National Legislature

• Congress is bicameral, or divided into two houses.

• In the House of Representatives, States are represented according to population. (435)

• Each State has two members in the Senate (100).

• Congress meets for two-year terms, divided into two one-year sessions. (We are in the 110th Congress 2nd Session)

The House of Representatives • Each member of the House of

Representatives represent a district of equal population, and is up for reelection every two year.

• After each census, seats in the House are redistributed among the States, and districts are often redrawn by the dominate party in a State’s legislature.

• Congressional districts are often gerrymandered by the dominate party in a State’s legislature.

We live in the California 42nd District

Rep. Gary Miller

The Senate• The Senate includes 100

members, two from each State, who are elected to 6 year terms.

• Senators usually have more experience, power, and prestige than their colleagues in the House. “The most exclusive club in the world.”

• Senators are protected from some political pressures because they serve for a long period between elections.

Sen. Barbara Boxer & Sen. Dianne Feinstein

The Members of Congress

• Members of Congress are likely to be older and wealthier than the average American, and most members are men.

• Members bring a variety of viewpoints and career backgrounds to Congress.

• Members of Congress juggle a number of roles by working as lawmakers, party members, and servants of their constituents.

Unit IV: Legislative Branch“Powers of Congress ”

DQ#3

In paragraph form, summarize the school house rock video

Powers of Congress

• The Scope of Congressional Power

• The Expressed Powers of Money and Commerce

• Other Expressed Powers

• The Implied Powers

• The Nonlegislative Power

The Scope of Congressional Power

• Congress has only those powers granted to it by the Constitution. (expressed, implied, inherent)

• How those powers should be interpreted and applied-whether strictly or liberally- has been sharply debated throughout our history.

The Expressed Power of Money and Commerce

• The Framers gave Congress the taxing power and the commerce power (Congress assumes a great deal of its power of the Interstate Commerce Clause)- they did not have these powers in the Articles of Confederation.

• Congress has the power to barrow money and to create a monetary system for the country.

Other Expressed Powers

• Congress shares power with the President on matters of defense and foreign affairs.

• Congress has the power to declare war, this is not a power of the President.

• Congress regulates several matters that affect everyday life- including such things as mail, weights and measures, and copyrights and patents.

The Implied Powers

• Congress has a number of powers not set out in so many words in the Constitution (Welfare, Social Security, Interstate Highways, etc..)

• What Congress can and cannot do in the exercise of its implied powers has been and remains the subject of intense debate.

Nonlegislative Powers• Congress man propose amendments to the Constitution with a 2/3 vote in

both chambers.

• The House of Representatives decides a Presidential election if no candidate win a majority of electoral votes. (Thomas Jefferson and John Adams are the only Presidents whom this method has been used for).

• The House has the power to impeach (accuse) the President of a crime and the Senate has the power to convict (remove) a President from power (Clinton was impeached, but not convicted. President Andrew Johnson was impeached but not convicted).

• The Senate has the power to accept or reject major Presidential appointments (ex: Supreme Court Justice), and to approve or reject treaties.

• Congress may investigate any matter that falls within the scope of its legislative powers. (ex: steroids in baseball)

Congress in Action

• Congress Organizes

• Committees in Congress

• How a Bill Becomes a Law: The House

• The Bill in the Senate

Unit IV: Legislative Branch“Powers of Congress ”

DQ#4

How are committee assignments determined?

Committees in Congress• Most work in Congress is divided among committees that focus on special areas like

national defense, the budget, agriculture, education, environment, etc. (standing committee). Subcommittees have become less important over recent years.

• Both houses may create special select committees, which are special, often temporary bodies (steroids in baseball).

• Join committees are composed of members of both Houses. • Most work of legislative work is done committees, and this is a time when lobbyist

have a huge influence over the process.

• Committees allow an opportunity for members to add “Pork” to legislation.

• The powerful House Rules Committee can speed, delay, or even prevent House action on a bill. The rules for adding a amendment (rider) to a bill are much stricter in the House than the Senate.

The House Rules Committee

• http://rules.house.gov/• Closed rules set time limits on debate and

restrict the passage of amendments; open rules permit amendment from the floor of the house. In the US Congress the passage of legislation through the House of Representatives is controlled by these rules, which are set by the House Rules Committee.

How a Bill Becomes a Law: (assume starts in House)

• Only a member can introduce a bill in either house. (All revenue bills must be introduced in The House)

• Bills are referred to standing committees, and are usually considered in subcommittees.

• Bill approved by the appropriate committee and the Rules Committee are given floor consideration in the House. (most bills never make it out of committee)

• Measures that win House approval are sent to the senate for their approval.

The Bill in the Senate

• Debate in the Senate is largely unrestricted.• The Senate’s dedication to free debate gives rise to the

filibuster- the tactic of “talking a bill to death.”• Once the bill is then approved in the Senate it is sent to

the Conference Committee that will workout any differences in the bills.

• After both houses approve the bill it is sent to the President.

• The President can sign the bill, allow it to become law without his signature, veto it, or apply a pocket veto.

• Congress can override a veto with a 2/3 vote in both houses.

Unit IV: Legislative BranchPassing a Bill

Using a flow-map write the steps of a bill becoming a law. Try not to use your book

or any notes.

Incumbency Advantage

• Advertising

• Credit Claiming

• Position-Taking

• Weak Opponents

• Campaign Spending

• Franking Privilege

• Gerrymandering

Advertising

Members are much more visible to the public than those who are not elected officials. Incumbants are more likely to

have their name in the paper or for people to see them at a community event.

Credit Claiming

Members can enhance their relationship with their constituents through service to

individuals and the district.

1. Casework

2. Pork Barrel

Position Taking

Members take a position on issues that are important to their constituents. This can either help them or hurt them (moderate Republicans that voted for health care).

Weak Opponents

Members often time face weak opponents who are less experienced, lack funding,

lack name recognition, etc.

Campaign Spending

Incumbents have an obvious advantage in raising money.

Franking Privilege

Members of Congress get to send free mail to their constituants.

Gerrymandering

Districts are often drawn in ways that make them not competitive. (ex: it will be very

hard for a Democrat to ever win the CA-42)

Unit V: Executive BranchDQ

1. Turn in Packet from Unit IV

2. Check Grades to reflect corrections from test scores. (All grades should be up to date and

accurate except essay and packet)

3. Use Pg. 394-395 to make a chart of the last 10 Presidents. Include name, party, and how

many terms they served (1 or 2).

The Presidency(Executive Branch)

Article II of The Constitution• Qualifications

• Presidential Succession and the Vice Presidency

• Presidential Selection: The Framer’s Plan

• Presidential Nomination

• The Election

Qualifications to Become President

• The Constitution outlines the formal qualifications for the presidency. (35 years old, naturalized citizen)

• Presidents are limited to two four-year terms. (22nd Amendment, 1951)

Presidential Succession and the Vice Presidency

• The Constitution provides for an orderly succession of power if the President dies or leaves office.

• The Constitution provides for the transfer of power should the President become disabled. (25th Amendment, 1967)

• Although the vice presidency is often belittled, the Vice President is a “heartbeat away” from becoming President.

Current Order of Succession

Presidential Selection: The Framer’s Plan

• With the election of 1800, political parties began to control the nominating process.

• The Framers created the electoral college for the choosing the President and Vice President. (Pg. 365)

270 Electoral Votes to Win!!!

Unit V: Executive BranchDQ

Describe two criticisms (problems) with the electoral college system.

`

President Obama & British Prime Minister David Cameron

Do we have the right balance of checks and balances and gridlock in our country?

Think of the other options, dictators, parliamentary system etc…

Unit V: Executive BranchDQ

Practice FRQ

What were the founding fathers fears about an executive branch? What side of the debate

seem to win out? Are the President’s powers today smaller or greater than our founding

fathers had envisioned?

(Pg. 397-398 & Outline that I handed out)

Group Decision

Have Presidential powers gone beyond what the founding fathers had

envisioned?

Unit V: Executive BranchDQ

POP QUIZ

(Take out a clean sheet of paper and a writing utensil)

Presidential Powers: An Essay

List and describe three ways that President’s have expanded their power since the creation of our Constitution.

The Presidency in Action

• The Growth of Presidential Power.

• The President’s Executive Powers.

• Diplomatic and Military Power

• Legislative and Judicial Power.

The Growth of Presidential Power

• Article II of the Constitution created the presidency and gives the President certain expressed powers.

• Yet Article II is remarkably brief, leaving Americans to debate whether the Framers intended the presidency be relatively strong or weak.

• Since the nation’s founding, the power of the presidency has grown significantly.

• The power a President exercises depends on his views about the office and how he interprets Article II.

The President’s Executive Power

• Article II gives the President the power and responsibility to “execute the laws.”

• The executive power gives the President a great deal of flexibility in deciding how laws are carried out.

• Among the President’s key powers are those to appoint and remove top federal officials.

Diplomatic and Military Powers• The President shares treaty-

making and foreign policy powers with Congress.

• Certain diplomatic powers may be carried out without the approval of Congress; increasingly, Presidents have made use of these powers.

• As commander in chief of the armed forces, the President possesses almost unlimited military power.

Legislative and Judicial Powers

• The Constitution gives the President important legislative and judicial powers as part of the system of checks and balances in the Federal Government.

• The President’s key legislative powers are to submit legislation for Congress to consider and to reject legislative that he opposes.

• The Constitution gives the President several powers of clemency- powers with which he can show mercy to those convicted of federal crimes.

Or WW Season 5 “shutdown”

4/19 “The Executive Branch”

1. 2010 #1

2. 2009 #1

3. 2009 #2

4. 2009 #3

Old vs. New

• OLD

• 1857 First Paid Secretary

• 1901 Secret Service Bodyguard

• 1921 First Budget for President

Old vs. New• NEW• Huge Staff

– Chief of Staff– Cabinet – Communications – Policy (Budget, Military, etc)– Legislative Strategy– Speech Writers– Press Secretary– Personal Assistant– Secret Service– Etc. – Cooks/Maids/Gardeners

• Air Force One, Marine One, Limos, etc.

Propinquity(Those that are closet to the President wield the most influence/power)

• White House Office

• Executive Office

• Cabinet

White House Office(WHO)

• Presidents Daily Advisors• Can be hired or fired at will by POTUS• Chief of Staff is usually a close friend or longtime

advisor to POTUS. Considered to be one of the most powerful positions in the country.

• 3 Methods Staff Organization– Pyramid: Report through hierarchy (Chief of Staff)*– Circular: Staff reports directly to POTUS– Ad Hoc: task force, committees, groups of

friends/advisors report to POTUS.

Executive Office(EO)

• Office of Management and Budget* (most important and becoming more partisan)

• Central Intelligence Agency

• Council of Economic Advisors

• Office of Personal Management

• Office of the U.S. Trade Representative

The Cabinet

Obama’s Cabinet

• http://www.whitehouse.gov/administration/cabinet

The Cabinet

• Do not have as much direct contact with POTUS.

• They are often times selected by a President for political reasons. (Race/Religion/Etc.)

4/20 “The Executive Branch”Quick Review

• Electoral College (What if no candidate wins a majority?)

• Presidentialist vs. Congressionalist

• President’s Coattails

Getting Going…..

• From campaign to inauguration

• Presidential Appointments

• Economic Plan

• Defense Plan

• Diplomatic Agenda

• Domestic Agenda

• Etc.

Who has input on the plan?

• Aids/Advisors

• Interest Groups

• Cabinet Leaders

• Academics

• Party Leadership

• Pollsters

What kind of plan?

• Focus on a lot?

• Focus on a few big issues?

Leaking Ideas

• The President can “leak” ideas through his advisors to test the reaction

How can POTUS get people to support his plan?

What limits the power of POTUS to implement his plan?

• Crisis

• Federal Budget

• Adverse Public Opinion

• Politics

Crisis

• 911, Vietnam War, World War II, Stock Market Crash etc….

• Events that are outside of the control of POTUS can limit their ability carryout their plan.

The Federal Budget

• The budget contains certain entitlement programs (Social Security, Medicare) that can be changed without causing huge political turmoil.

• Recessions/Depressions limit revenue

Adverse Public Opinion

• Low polling numbers about plan

• Protesting

Politics

• Divided Government

• Approval Rating

• Party Support

4/21 “The Executive Branch”Quick Review

• Why does the statement in Article II that says that POTUS has to “take care that the laws be faithfully executed” so important?

• Did Bill Clinton’s impeachment have a positive or negative impact on his approval ratings?

• Why did it become more difficult starting in 2011 for Obama to enact his program?

A complex web of federal agencies with overlapping jurisdictions.

• Almost no mention in the Constitution– POTUS appoints heads of executive agencies and are subject to

the approval of the Senate. • Both Congress and POTUS are given control of the

Bureaucracy. • Federal jobs in the bureaucracy were once given by

patronage, or appointments based on political consideration.

• The Pendleton Act of 1883 moved from a patronage system to a merit system.

• The Great Depression, New Deal, and World War II, and increased income taxation led to the growth of the Federal Bureaucracy during the 20th century.

• Huge increase in discretionary authority, or the ability of federal agencies to set policy or to choose a course of action that is not clearly set out in statutory law (law made by Congress).

• Some of their main functions are to:– Pay subsidies to organizations (farm, etc.)– Transfer money from federal government to state or local

government. – Enforce government regulation.

• Employees of the federal government or agencies that are not elected officials.

• Hired and fired on the basis of merit.• They tend to be from a cross section of

American society.• They serve at the pleasure of their boss, not

their own personal attitudes. • The relationship between a Congressional

Committee, an interest group, and the bureaucrats is considered the “Iron Triangle.”

• The power of Congress to oversee the bureaucracy is fundamental to the system of checks and balances.

• No agency can exist without Congressional approval.

• No money can be spent unless Congress authorizes it.

• Congress can investigate or hold hearings.

• Red tape: too many complex rules• Conflict: Executive agencies often

disagree with each other. • Duplication: Two agencies seem to be

doing the same thing. • Imperialism: Agencies tend to grow

without regard to cost/benefit. • Waste: Agencies spend more than is

necessary.

• FRQ Tomorrow

• MC Monday

Article III: The Judicial Branch

TURN IN PACKETS BY GLOBE!!!!

Write Q & A

1. What is the date of Government AP Test?

2. What is the date of the Economics AP Test?

• AP Gov = May 10th (morning in Hideout)

• AP Econ = May 12th (morning in Hideout)

• Monday May 9th @ 4:00PM-6:30PM

PRE-REGISTRATION FOR AP TEST

• WED & THURS

Wednesday & Thursday @ Lunch in

Hideout

Article III: The Judicial Branch

Judicial Review

The power of the courts to determine the constitutionality of the acts of government

makes the Supreme Court the

final authority on the meaning of the Constitution.

Marbury v. Madison (1803)

Principal of Limited Government

The principal of limited government is often called constitutionalism- the instance that government must be conducted according to constitutional principals, the government

itself must obey the law. All of government, every public official, and

every public agency at every level in this country is bound to honor the principal of limited government. The courts, however, stand as chief defender of that principal.

Principal of Checks and Balances

The Constitution guarantees the independence of the federal judiciary. Federal judges are appointed by the

President, subject to confirmation by the Senate. The Constitution says that they

“shall hold their offices during good behavior”- in effect, for an unlimited term.

The Federal Court System

• The Inferior Courts

• The Supreme Court

The National Judiciary

• The Framers created a national judiciary consisting of a Supreme Court and inferior courts to be created by Congress.

The National Judiciary

• The federal courts below the Supreme Court are known as inferior courts.

The Inferior Courts

• The 94 U.S. district courts handle about 80 percent of the federal caseload, they have original jurisdiction over most federal criminal and civil cases.

• The 12 federal appeals courts have appellate jurisdiction only.

The Supreme Court

• All federal and most State courts have the power of judicial review, deciding the constitutionality of an act of government.

• The U.S. Supreme Court has both original and appellate jurisdiction, but usually hears cases on appeal; the court decides only a handful of cases each year.

• The Supreme Court is in session from October through June, it hears oral arguments, studies written briefs, meets in conference to discuss cases, and renders majority, concurring, and dissenting opinions on a case.

Article III: The Judicial BranchDQ

Write Q & A

Explain the concept of “Judicial Review.” What landmark Supreme Court case gave the Judicial Branch the power of

“Judicial Review.”

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• The original view of the founders were known as “strict constitutionalist” which meant that judges were bound to follow the exact wording in the Constitution.

• Over the next decades more activist judges took the bench that tried to interpret what the main ideas of the Constitution were.

• All Federal judges are nominated by the President and then confirmed by the Senate.

• POTUS almost always nominate someone of their own political party.

• Since the 1980’s the Senate has held up more and more appointments leaving vacancies throughout the court system.

• Senatorial Courtesy: The Senator in the state where the opening is can “blue-slip” or “veto” a nominee. (has been criticized for putting too much power in the hands of that Senator)

• Litmus Test: A test of ideological purity. They will review papers/decisions/speeches etc. to make sure the judge believes in their ideology.

• There is only one opening for “Chief Justice” of the court. (John Roberts)

Article III: The Judicial BranchDQ

Write Q & A

Do you think a “Litmus Test” is appropriate in the selection of Federal judges?

Explain your answer.

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1. John Marshall & The Growth of Judicial Review (1801-1835):

Many argued that Marshall and the Court tried to put themselves above Congress.

It is during this time the Court assumes their power to decide what is Constitutional and what is not.

Marbury v. Madison

2. The “Nine Old Men” (New Deal Era): Conservative judges opposed FDR’s New Deal policies

dominated the Court.

The Court struck down the National Industrial Recovery Act in 1935.

Poulty Corporation v. The United States (1935) found that Congress could not regulate local business that did not impact interstate commerce.

FDR tried to “pack the court” but Congress did not approve (checks & balances)

This became irrelevant as two of the justices began switching their votes in favor of the legislation. “Switch in time that saved nine.”

3. The Warren Court (1953-1969) Chief Justice Earl Warren Was active in finding much of the new

social and civil rights legislation (desegregation, voting rights, etc.)

The Warren Court was hated by Republicans and Conservatives.

4. The Burger Court (1969-1986) Warren E. Burger Appointed by Nixon Was more conservative than Warren

Court, but overall was balanced Roe v. Wade (1973) (allowed abortion) US v. Nixon (1974) (Nixon could not use

executive privilege to stop the release of the White House tapes)

5. The Rehnquist Court (1986-2005) Chief Justice William Rehnquist Provided a clear conservative majority. Bush v. Gore (2000): Decided the 2000

Presidential election. Many have heavily criticized the court for getting involved in this issue.

Was noted for decisions that limited the rights of the Federal Governments over the states

US v. Lopez (1995): The Federal Government could not make a law banning handguns in schools, only the states could do that.

6. The Roberts Court (2005-Present) Chief Justice John Roberts (Bush) Current Court:

Chief Justice Roberts (C) Scalia (C) Kennedy (C) Thomas (C) Alito (C) Ginsburg (L) Breyer (L) Sotomayor (L) Kagan (L)

Possible Judicial Branch FRQ

The federal courts have played a larger role in our government over time. With respect to TWO of

the following issues, explain how the court changed the role of the federal government:

A. Slavery

B. The Economy

C. Civil Liberties

D. Federalism

Jurisdiction of the Federal Courts

• Federal courts can hear all cases involving The Constitution, federal law, and treaties.

• Can handle disputes between two states. • Can handle disputes between citizens from different

states. • Some cases (murder of an FBI officer) can be heard in

State or Federal court. • Most criminal law is State law that the Federal courts do

not have jurisdiction over.

• EXTRA: Bankruptcy falls under the jurisdiction of the Federal Courts.

How does the U.S. Supreme Court decide whether to hear a case?

• In the usual course, a party seeking review in the U.S. Supreme Court will file a petition asking the Court to issue a writ of certiorari. This is simply a request to review the case. This petition will include a copy of the lower court's opinion and a brief. A brief states why the Court should agree to review the decision. The other party may file a brief in opposition to the petition. The Court will then either deny the petition (its action in most cases) or grant it, and if granted, require the federal or state court to transmit the record of the case to the U.S. Supreme Court for its review. In his book The Supreme Court: How It Was, How It Is (New York: Morrow, 1987), Chief Justice William H. Rehnquist describes the process of selecting which petitions to grant as being influenced by the justices' views on a few major factors:

• 1. if the decision is from one of the federal courts of appeal, whether it is in conflict with the decisions of other circuits;

• 2. the general importance of the case; and• 3. whether the lower court's decision may be wrong in light of the U.S. Supreme

Court's previous opinions.• 4. When a states highest court finds federal or state law unconstitutional.

“Rule of Four”

In order for the Supreme Court to grant a petition for a writ of certiorari at least four

judges must agree.

How does the “trial” work?

• Lawyers submit pages of “briefs” that explain their argument to the court.

• Lawyers from each side of the case are given 30 minutes each for an oral argument which usually consist of questions from the justices.– The “Solicitor General” is in charge of leading

the case for the United States when the US is a litigant in the case.

How is a decision reached?

• The judges will meet (usually Wednesdays and Friday when the court is in session October-June/July) to vote on their decisions on cases that have been heard.

• The most senior Justice in the majority opinion will decide what judge will write the majority decision and dissenting opinion. (Other judges can also write concurring opinions)

• Slavery

• The Economy

• Civil Liberties

• Federalism

Possible Judicial Branch FRQ

The federal courts have played a larger role in our government over time. With respect to TWO of

the following issues, explain how the court changed the role of the federal government:

A. Slavery

B. The Economy

C. Civil Liberties

D. Federalism

Slavery

• Dred Scott v. Sanford – Found that slaves were not citizens and were

property. Even if a slave makes it to a free state they are still considered property and not free. This greatly increased tensions before the Civil War.

The Economy

• The courts have expanded the governments role in the economy.

• They have upheld – The right of a national bank– Railroad regulations– Child-labor laws– Minimum wage – Etc.

Civil Rights

• Plessy v. Ferguson (1896)– Separate but equal was allowed.

• Brown v. Board of Education (1954)– Held that’s school segregation was illegible.

(Overturned Plessy v. Ferguson)

• Roe v. Wade (1973)– Upheld a woman's right to privacy with her

doctor, which opened the door for legal abortions.

Federalism

• McCulloch v. Maryland (1819)– Established the implied powers of Congress and the

national supremacy of Congressional Acts.• Brown v. Board (1954)

– Did not allow southern states to segregate schools. • More recently (since 1990) there have been

cases that have given more rights back to the states.– States rights when it comes to defining marriage and

divorce. – US v. Lopez (1995)

• Can not make a Federal law banning guns in schools.

Common Problem w/ the Courts

• The court has no enforcement power. Those powers come from the legislative and executive branches.

Possible Judicial Branch FRQ

The federal courts have played a larger role in our government over time. With respect to TWO of

the following issues, explain how the court changed the role of the federal government:

A. Slavery

B. The Economy

C. Civil Liberties

D. Federalism

Article III: The Judicial BranchDQ

Name three ways that Congress can “check”

the powers of the Court?

How can the federal courts “make policy”?

• They get to interpret the Constitution or law. (130 laws have been declared unconstitutional, 260 prior court decisions have been overturned).

• The can “extend the reach” of existing laws.

• The courts have provided “solutions” to problems.

Judicial Activism

• Judicial Activism is when judges make broad policy decisions when deciding cases.

Examples

• The following have been cited as examples of judicial activism:– Brown v. Board of Education (desegregation)– Roe v. Wade (abortion)– Bush v. Gore (2000 election)– Perry v. Schwarzenegger 2010 (district court ruling to

overturn California’s ban on same sex marriage)• This case is still going through the court system.

– Citizens United v. Federal Election Commission (2010)• Overturned Congressionally enacted corporate spending on

campaigns.

Arguments for Judicial Restraint

• Judges are not elected officials.

• They lack expertise in law making.

• They are not held accountable by the people.

Checks on Judicial Power

• Judges must be appointed by POTUS.

• Judges must be confirmed by Senate.

• House can impeach and the Senate can have a trial for judges that break the law.

• The Constitution can be amended.

• Defying public opinion can be dangerous for the legitimacy of the Court.