AP US Government & AP US Government & PoliticsPolitics

Saturday, April 22, Saturday, April 22, 20062006

Dillard High SchoolDillard High SchoolMiss Jennifer Jolley, NBCTMiss Jennifer Jolley, NBCT

Marjory Stoneman Douglas HSMarjory Stoneman Douglas HS

http://teacherweb.com/FL/http://teacherweb.com/FL/StonemanDouglasHS/JJolley/StonemanDouglasHS/JJolley/

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Override presidential veto in Override presidential veto in both houses of Congressboth houses of Congress

Senate approval of a treatySenate approval of a treaty Proposal for a Constitutional Proposal for a Constitutional Amendment in both houses of Amendment in both houses of CongressCongress

Proposal for a Constitutional Proposal for a Constitutional Amendment in national conventionAmendment in national convention

US ConstitutionUS Constitution PreamblePreamble … “We the People of the United … “We the People of the United States, in Order to form a more perfect States, in Order to form a more perfect Union…”Union…”

7 articles7 articles Article I – Legislative, II – Executive, III – Article I – Legislative, II – Executive, III – Judicial, IV – Full faith credit, extradition, Judicial, IV – Full faith credit, extradition, federalism, creation new states, V – Amending, federalism, creation new states, V – Amending, VI – Supremacy Clause, VI – Ratification VI – Supremacy Clause, VI – Ratification

27 Amendments27 Amendments (Bill of Rights 1-10, added (Bill of Rights 1-10, added 1791)1791)

1787 1787 ““Supreme Law of the Land”Supreme Law of the Land” Living documentLiving document

Principles of the Principles of the ConstitutionConstitution

Checks and BalancesChecks and Balances Separation of PowersSeparation of Powers FederalismFederalism RepublicanismRepublicanism Judicial reviewJudicial review Other liberties included within the Other liberties included within the articles articles Writ of habeas corpusWrit of habeas corpus Bill of attainderBill of attainder Ex post facto lawsEx post facto laws

Articles of Articles of ConfederationConfederation

National government could not levy National government could not levy taxestaxes

No national armyNo national army No control over trade (domestic of No control over trade (domestic of foreign)foreign)

No federal supremacyNo federal supremacy No Supreme CourtNo Supreme Court No ExecutiveNo Executive Amendments unanimous voteAmendments unanimous vote Pass laws – 9/13 votePass laws – 9/13 vote 1781-17871781-1787

Federalist #10Federalist #10 James MadisonJames Madison Factions (interest groups/parties)Factions (interest groups/parties) Factions allow us to consider all sides; Factions allow us to consider all sides; inevitable differences; but dangerous if not inevitable differences; but dangerous if not monitored. Gov’t is the mediator between monitored. Gov’t is the mediator between factions, none should gain enough power to factions, none should gain enough power to violate other’s rights in free gov’tviolate other’s rights in free gov’t

““liberty is to faction what air is to fire…”liberty is to faction what air is to fire…” ““The regulation of these various and The regulation of these various and interfering interests forms the principal interfering interests forms the principal task of modern legislation…”task of modern legislation…”

George Washington in his Farewell Address George Washington in his Farewell Address warned against factions and political warned against factions and political partiesparties

Federalist #51Federalist #51

James MadisonJames Madison Checks and balances and Checks and balances and separation of gov’tseparation of gov’t

““The great difficultly lies in The great difficultly lies in this: you must first enable the this: you must first enable the government to control the government to control the governed; and in the next place governed; and in the next place oblige it to control itself.”oblige it to control itself.”

““ambition must be made to ambition must be made to counteract ambition”counteract ambition”

Federalist #78Federalist #78 Alexander HamiltonAlexander Hamilton Judicial power implied judicial reviewJudicial power implied judicial review The independence of judges is an The independence of judges is an essential safeguard against effects of essential safeguard against effects of societysociety

(Judicial Branch) has “neither FORCE NOR (Judicial Branch) has “neither FORCE NOR WILL, but merely judgment…”WILL, but merely judgment…”

““right of the courts to pronounce right of the courts to pronounce legislative acts void…legislative acts void…

““No legislative act, therefore, contrary No legislative act, therefore, contrary to the constitution, can be valid.” to the constitution, can be valid.”

Delegated PowersDelegated Powers

““Expressed” or “Enumerated”Expressed” or “Enumerated” Powers listed in the Powers listed in the ConstitutionConstitution

Implied PowersImplied Powers

Authority granted by inference of Authority granted by inference of the Constitution’s delegated powersthe Constitution’s delegated powers

Article I, section 8 “necessary and Article I, section 8 “necessary and proper clause”proper clause”

McCulloch v. Maryland (1819)McCulloch v. Maryland (1819) The Executive has Commander-in-The Executive has Commander-in-Chief power to “make war” whereas Chief power to “make war” whereas Congress has the delegated power to Congress has the delegated power to “declare war” “declare war”

Inherent PowersInherent Powers

Self-evident powersSelf-evident powers Protection the citizens under the Protection the citizens under the governmentgovernment

Powers which are automatic for a nation-Powers which are automatic for a nation-state -- foreign negotiations, make state -- foreign negotiations, make international agreements, acquire international agreements, acquire territory, protection of citizens, etc.territory, protection of citizens, etc.

The US is a sovereign power among nationsThe US is a sovereign power among nations Presidents question their inherent powers Presidents question their inherent powers during times of crisis and emergenciesduring times of crisis and emergencies

Article IArticle I

Legislative Branch (Congress)Legislative Branch (Congress) House and SenateHouse and Senate Very detailed powers (I.8) Very detailed powers (I.8) impeachmentimpeachment Gives Congress the most powerGives Congress the most power ““Necessary-and-proper” clauseNecessary-and-proper” clause Habeas corpus, no bill of attainder Habeas corpus, no bill of attainder or ex post facto lawsor ex post facto laws

Interstate commerce clauseInterstate commerce clause

Article IIArticle II

Executive Powers Executive Powers Vague on purpose and meaningVague on purpose and meaning Commander-in-Chief (power to Commander-in-Chief (power to make war)make war)

Make treatiesMake treaties Make pardonsMake pardons State of the Union AddressState of the Union Address Appointments to the federal Appointments to the federal gov’tgov’t

Marbury v. Madison Marbury v. Madison (1803)(1803)

Judicial review Judicial review 1st time S.C. declared a 1st time S.C. declared a Congressional act -- Judiciary Congressional act -- Judiciary Act of 1789 -- unconstitutionalAct of 1789 -- unconstitutional

Chief Justice John Marshall Chief Justice John Marshall wrote decisionwrote decision

Legitimized the role of the Legitimized the role of the Supreme CourtSupreme Court

GrantsGrants Ways that federal gov’t disperses $ to Ways that federal gov’t disperses $ to state and local governmentsstate and local governments

““Grants-in-aid”Grants-in-aid” Categorical -- formula grants, $ for a Categorical -- formula grants, $ for a specific purpose, subject to federal specific purpose, subject to federal supervisionsupervision

Project Grants -- state, local, and Project Grants -- state, local, and nongovernmental agencies can apply for $ nongovernmental agencies can apply for $ (universities, employment training (universities, employment training programs) programs)

Block -- few strings attached, broad grants Block -- few strings attached, broad grants (child care, welfare, social services, and (child care, welfare, social services, and health carehealth care

MandatesMandates

Mandates law be implemented at Mandates law be implemented at all levels of governmentall levels of government

New Deal Programs and Great New Deal Programs and Great Society Programs were mandates Society Programs were mandates for the nationfor the nation

Unfunded MandatesUnfunded Mandates Americans With Disabilities Act Americans With Disabilities Act (1990)(1990)

McCulloch v. Maryland McCulloch v. Maryland (1819)(1819)

Federal supremacyFederal supremacy Unanimous decisionUnanimous decision Question over the power of Congress Question over the power of Congress to establish a national bankto establish a national bank

(I.8.18) Congress may “make all laws (I.8.18) Congress may “make all laws necessary and proper for carrying necessary and proper for carrying into execution …and all other powers into execution …and all other powers vested in…the gov’t of the Unites vested in…the gov’t of the Unites States ” or the States ” or the elastic clauseelastic clause

Justice John Marshall expanded the Justice John Marshall expanded the role of the national governmentrole of the national government

““Power to tax is the power to Power to tax is the power to destroy” destroy”

Due ProcessDue Process

5th and 14th Amendments5th and 14th Amendments Equal treatment under the lawEqual treatment under the law Protection against deprivation Protection against deprivation of life, liberty, or propertyof life, liberty, or property

Rights of the accusedRights of the accused

V (5V (5thth) Amendment) Amendment

Due processDue process Eminent domain (gov’t will pay Eminent domain (gov’t will pay $ for private property)$ for private property)

Self-incriminationSelf-incrimination Double jeopardyDouble jeopardy Capital crime -- Grand Jury Capital crime -- Grand Jury (except Military and (except Military and emergencies)emergencies)

XIV (14XIV (14thth) Amendment) Amendment

Due processDue process Defined citizenshipDefined citizenship Incorporation Incorporation

Application of due process to the Application of due process to the States -- “ nor shall any State States -- “ nor shall any State deprive any person of life, liberty, deprive any person of life, liberty, or property, without the due process or property, without the due process of the law”of the law”

Gitlow v. New York (1925) Gitlow v. New York (1925) ““Equal-protection” clause Equal-protection” clause

I (1I (1stst) Amendment) Amendment Establishment Clause: “make no law Establishment Clause: “make no law respecting the establishment of …”respecting the establishment of …”

Free exercise clause “or prohibiting the Free exercise clause “or prohibiting the free exercise of…”free exercise of…”

Liberties: religion, speech, press, Liberties: religion, speech, press, assembly (also petition) assembly (also petition)

Lemon v. KurtzmanLemon v. Kurtzman (1971)(1971) “lemon test or 3- “lemon test or 3-prong test”prong test”

Engle v. Vitale (1962) Engle v. Vitale (1962) no prayer in schoolno prayer in school Schenck v. United States (1919) Schenck v. United States (1919) clear and clear and present dangerpresent danger

Gitlow v. New York (1925) Gitlow v. New York (1925) incorporationincorporation

Horizontal FederalismHorizontal Federalism State to state relationsState to state relations Full Faith & Credit (IV,1) Full Faith & Credit (IV,1) requires requires states to enforce judgments of other states states to enforce judgments of other states (divorce) and accept public records as valid (divorce) and accept public records as valid (marriage licenses, i.d.)(marriage licenses, i.d.)

Interstate Privileges and Interstate Privileges and Immunities (IV, 2) Immunities (IV, 2) must extend to must extend to extend citizens of other states (question extend citizens of other states (question today over same-sex marriages)today over same-sex marriages)

Extradition (IV, 2) Extradition (IV, 2) states must states must deliver criminals back to home statedeliver criminals back to home state

Interstate Compacts (I, 10)Interstate Compacts (I, 10) states states must settle disputes peacefullymust settle disputes peacefully

Suffrage AmendmentsSuffrage Amendments

XV – (1870) African AmericansXV – (1870) African Americans XIX – (1920) WomenXIX – (1920) Women XXVI – (1971) 18 year old voteXXVI – (1971) 18 year old vote

Participation in Participation in GovernmentGovernment

ConventionalConventional UnconventionalUnconventional

House of House of RepresentativesRepresentatives 435, 2 year term, 25 yrs old, 7 resident, citizen435, 2 year term, 25 yrs old, 7 resident, citizen

Apportionment by population for each state Florida Apportionment by population for each state Florida has 25 districts)has 25 districts)

Districts decided by state legislatures, census of Districts decided by state legislatures, census of pop every 10 yearspop every 10 years

Smaller constituency, less staffers, less media, Smaller constituency, less staffers, less media, limited debate timelimited debate time

All appropriation/revenue bills start in the HOUSEAll appropriation/revenue bills start in the HOUSE Ways and Means CommitteeWays and Means Committee Rules Committee (decides rules of debate)Rules Committee (decides rules of debate) Quorum (218)Quorum (218) Speaker of the House (3rd in the succession of Speaker of the House (3rd in the succession of presidency)presidency)

Policy specialistsPolicy specialists Power to impeach (accuse)Power to impeach (accuse)

SenateSenate 100 (2 per state)100 (2 per state) Larger constituency, more staffers, more Larger constituency, more staffers, more seniority, more media, more prestige seniority, more media, more prestige

6 year term, 30 yrs old, 9 yrs resident, 6 year term, 30 yrs old, 9 yrs resident, citizencitizen

Riders allowed on billsRiders allowed on bills Filibuster and cloture (3/5 of Senate)Filibuster and cloture (3/5 of Senate) Confirmation presidential nominations: Confirmation presidential nominations: federal judges, ambassadors, US federal judges, ambassadors, US marshals, Supreme Court justicesmarshals, Supreme Court justices

Ratify treaties (2/3)Ratify treaties (2/3) Hold impeachment trialsHold impeachment trials

PresidencyPresidency

Article IIArticle II 4 year term, 35 yrs old, 14 yr 4 year term, 35 yrs old, 14 yr resident and natural- born resident and natural- born citizencitizen

XXII (22) Amendment, max 2 XXII (22) Amendment, max 2 terms in office, or 10 years, terms in office, or 10 years, reaction to FDRreaction to FDR

gerrymanderinggerrymandering

Drawing of boundary lines for Drawing of boundary lines for districts to obtain partisan or districts to obtain partisan or factional advantagefactional advantage

From Governor Gerry of MA in From Governor Gerry of MA in 18111811

Shaw v. Reno (1993) Shaw v. Reno (1993) racial racial gerrymandering illegalgerrymandering illegal

Veto Veto President can veto and send the President can veto and send the bill back to Congress with the bill back to Congress with the reasons why reasons why

Pocket veto -- if the President Pocket veto -- if the President does not sign or veto within 10 does not sign or veto within 10 days and Congress adjourns the days and Congress adjourns the bill is deadbill is dead

LAW -- “put it in a drawer” LAW -- “put it in a drawer” President neither signs or vetoes President neither signs or vetoes within 10 days (Congress in within 10 days (Congress in session), bill becomes law.session), bill becomes law.

Enumerated Powers of Enumerated Powers of CongressCongress Levy taxesLevy taxes

BorrowBorrow Regulate commerceRegulate commerce Naturalization and bankruptcyNaturalization and bankruptcy Coin moneyCoin money Establish a Post OfficeEstablish a Post Office Patents and copyrightsPatents and copyrights Create CourtsCreate Courts Declare warDeclare war Create army and navyCreate army and navy Govern the District of ColumbiaGovern the District of Columbia

War Powers Act of 1973War Powers Act of 1973 Reaction to Vietnam Conflict Reaction to Vietnam Conflict Congressional act sent to Nixon, he vetoed Congressional act sent to Nixon, he vetoed it, sent back to Congress, overrode veto it, sent back to Congress, overrode veto with 2/3 vote with 2/3 vote

President can commit US forces to action President can commit US forces to action only only After a declaration of war by CongressAfter a declaration of war by Congress In national emergency created by an attack on the In national emergency created by an attack on the U.S. of it forcesU.S. of it forces

President must report his action to Congress President must report his action to Congress within 48 hours and withdrawn troops within 60 within 48 hours and withdrawn troops within 60 daysdays

Congress with a concurrent resolution remove Congress with a concurrent resolution remove troops after 90 days without a veto by Presidenttroops after 90 days without a veto by President

Formal Powers of Formal Powers of PresidentPresident Commander in chiefCommander in chief

Commission officers of the armed Commission officers of the armed forcesforces

Grant pardonsGrant pardons Convene CongressConvene Congress Receive ambassadorsReceive ambassadors Wield “executive power”Wield “executive power” Execute lawsExecute laws Appoint officialsAppoint officials Veto and approve legislationVeto and approve legislation Make treatiesMake treaties

Informal Powers of the Informal Powers of the PresidentPresident

Morale builderMorale builder Party leaderParty leader Legislative leaderLegislative leader Coalition leaderCoalition leader Crisis managerCrisis manager Personnel recruiterPersonnel recruiter ““Leader of the Free World”Leader of the Free World” Persuader “bully pulpit”Persuader “bully pulpit”

Line-item vetoLine-item veto

State governors have this powerState governors have this power Intent to give President more Intent to give President more power over the budget power over the budget

Line Item Veto Act 1996Line Item Veto Act 1996 Clinton et al. v. New York et Clinton et al. v. New York et al. (1998) decision 6-3; al. (1998) decision 6-3; unconstitutional unconstitutional

Legislative vetoLegislative veto

Congress would invalidate acts Congress would invalidate acts made by the Executive Branchmade by the Executive Branch

Immigration and Naturalization Immigration and Naturalization Service v. Chadha (1983)Service v. Chadha (1983) Supreme Court held that Supreme Court held that legislative veto is legislative veto is unconstitutional; question over unconstitutional; question over the separation of powersthe separation of powers

Bipartisan Campaign Bipartisan Campaign Finance Reform ActFinance Reform Act

““McCain-Feingold bill” (2002)McCain-Feingold bill” (2002) Changed some parts in FECA 1974Changed some parts in FECA 1974 $2000 individual candidate$2000 individual candidate $5000 to state party or PAC$5000 to state party or PAC $20,000 to national party committee$20,000 to national party committee Ban on soft $Ban on soft $ Buckley v. Valeo (1976) Buckley v. Valeo (1976) individual individual candidate can spend unlimited amount candidate can spend unlimited amount on self campaignon self campaign

impoundmentimpoundment

Used by the President to Used by the President to control expenditures in the control expenditures in the budget budget

Temporary delay tactic to Temporary delay tactic to control spending control spending

Budget and Impoundment Control Budget and Impoundment Control Act (1974)Act (1974) reduced the reduced the President’s impoundment powersPresident’s impoundment powers

docketdocket

Supreme Court’s agenda of cases Supreme Court’s agenda of cases to be heard to be heard

100 granted 100 granted writ of certiorari writ of certiorari “to be informed”“to be informed”

2-3 are original jurisdiction2-3 are original jurisdiction Rule of fourRule of four stare decisisstare decisis Appellate jurisdictionAppellate jurisdiction

IV (4IV (4thth) Amendment) Amendment

Search and seizuresSearch and seizures Mapp v. Ohio (1961)Mapp v. Ohio (1961) Exclusionary ruleExclusionary rule

VI (6VI (6thth) Amendment) Amendment

Fair and speedy trialFair and speedy trial Miranda v. Arizona (1966) Miranda v. Arizona (1966) rights of the accused, silent rights of the accused, silent and counseland counsel

Gideon v. Wainwright (1963) Gideon v. Wainwright (1963) counsel must be provided in counsel must be provided in felony casesfelony cases

GOOD LUCK!GOOD LUCK!

AP Government EXAMAP Government EXAMTuesday, MAY 9, 2006 Tuesday, MAY 9, 2006

8:30 a.m.8:30 a.m.

Relax and do your best!Relax and do your best!Thanks for attending this Thanks for attending this

review!review!