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Government &
Advanced Placement
Government and
Politics: United States
Class Notes Textbook

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American Government Class Notes
These notes were prepared by Tom Beard for American Government and Advanced Placement Government &
Politics: United States classes at public high schools in Orange County Florida. The information in these notes
are NOT original to Mr. Beard but are his summaries of classroom textbooks, workshops, readings, television
and other forms of research that include but are not limited to Magruder’s American Government by William
McClenaghan, We The People, the Citizen and the Constitution by the Center for Civic Education, Supreme
Court of the United States by John Patrick, Multiple-Choice and Free-Response Questions in Preparation for the
AP United State Government and Politics Examination by Ethel Wood, Cracking the AP U.S. Government &
Politics Exam by The Princeton Review, and The American Democracy by Thomas Patterson. Most importantly
my students inadvertently act as my editors and I thank them for that!

These notes are not set in stone but are instead Mr. Beard’s interpretations of information he has gathered and
continues to gather for his instruction of the subject area.

Table of Contents

Underpinnings of American Government

Government & the State 6
Political Philosophy 6
State of Nature 8
Individual v Societal Rights 9
Factions 10
Declaration of Independence & Articles of Confederation 11
Constitutional Time Line 12
Constitution 13
Ratification of Constitution 14
Limited Government 15
Federalism 16
Forms of Government 18

Civil Liberties & Civil Rights

Amendment Process 21
Bill of Rights 21
Freedom of Expression 22
Freedom of Religion 24
Rights of the Accused 26
Expanding Right to Vote 27
Additional Amendments 28
Citizenship 29

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Interest Groups, Political Parties & Opinion Makers
Political Socialization 32
Media 34
Interest Groups 35
Lobbying & Political Action Committees 36
Money & Elections 37
Public Opinion 38
Measuring Public Opinion 39
Voter Qualifications 40
Voter Participation 40
Voting Behaviors 42
Party System 43
Functions of Political Party 45
Party Organization 46
Candidates 46
Election Cycle 47

Congress 50
House of Representatives 50
Senate 51
Powers of Congress 52
Congressional Committees 53
Congressional Policy Making 55
How a Bill Becomes Public Policy 55
President 58
Powers of the President 59
Presidential Nomination & Election 61
Presidential Staffing 63
Presidential Succession 64
Federal Bureaucracy 65
The Civil Service 67
S. C. O. T. U. S. 68
Powers of the Supreme Court 71
Inferior & Special Courts 72
State & Local Courts 72
Landmark Cases 74

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Policy & Implementation
Economic Policy 78
Financing the Government 79
Domestic Policy 80

Review for AP Exam 82

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Unit I
Underpinning’s of American Government

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1. Government – the institution through which a society makes and enforced public policies.

2. Government Power – Exists in three different forms:

2.1. Legislative Power – the power to make public policy
2.2. Executive Power – the power to execute and enforce public law
2.3. Judicial Power – the power to interpret law

3. Constitution – Where society formally outlines its governmental powers

4. State – the dominant political unit in the world today.

4.1. A state is defined as:
4.1.1. a body of people
4.1.2. living in a defined territory
4.1.3. organized politically
4.1.4. with the power to make and enforce law

5. Purpose of Government of the United States:

5.1. A More Perfect Union
5.2. Establish Justice
5.3. Insure Domestic Tranquility
5.4. Common Defense
5.5. Promote General Welfare
5.6. Blessings of Liberty

1. American Political Culture:
1.1. Political Culture – characteristics and deep seated beliefs of a particular people about
government & politics
1.2. Americans have strong bonds/core values to:
1.2.1. National identity
1.2.2. Commonly held beliefs

2. America’s Core Values:

2.1. Liberty – Individuals should be free to act and think as they choose, provided it does not
infringe on others
2.2. Equality – Individuals are equal in their moral worth and entitled to equal treatment
under the law
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2.3. Self-government – People are the ultimate source of power in government and have a
voice in that power
2.4. Individualism – The dignity of the individual
2.5. Democracy – Government should be based on the consent of the governed
2.6. Rule of Law – Government is based on a body of law applied equally to all
2.7. Civic Duty – An individual’s requirement to take an active role in local affairs

3. The Power & Limits of Ideals:

3.1. Ideals serve to define the boundaries of action
3.2. Limits are based on cultural beliefs

4. Politics, the Resolution of Conflict:

4.1. Politics is the sharing of ideals and common efforts. It is also the struggle for power.
4.1.1. Political conflict has two sources: Scarcity Difference in values

5. Rules for American Politics:

5.1. Democracy – People govern
5.1.1. Direct Democracy – Citizens debate and vote directly on all laws
5.1.2. Representative Democracy – (AKA a Republic) Citizens elected representatives
to govern them and to make laws
5.2. Oligarchy – Small groups of people govern
5.3. Autocracy – one person governs
5.4. Constitutionalism – a set of rules that restricts the lawful use of power
5.5. Capitalism – Government should interfere with the economy as little as possible
5.6. Socialism – government has a large role in the ownership of the means of production
5.7. Communism – Government owns most or all of the means of production

6. Political Power:
6.1. Public Policy – the decisions of government to follow a course of action designed to
produce a particular outcome
6.2. Totalitarian governments – complete dominance over individuals and society
6.3. Authority – Governments official ability to make binding decisions

7. Theories of Power:
7.1. Majoritarianism – (government by the people) the majority applies in the counting of
votes and applying policy
7.2. Pluralism – (government of groups) group activities and policies are decided through
power wielded by diverse interests.

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7.3. Elitism – (government by a few) power is held by a few well positioned, highly
influential citizens.
7.4. Bureaucratic Rule – (government is in the hands of career government bureaucrats.

8. Mistrust of Government:
8.1. Political Efficacy
8.1.1. A citizen’s capacity to understand and influence political events
8.1.2. Internal Efficacy – The ability to understand and take part in political affairs
8.1.3. External Efficacy – The belief of the citizen that the government will respond to
his/her personal needs or beliefs

1. State of Nature - is a term in political philosophy used in social contract theories to describe
the hypothetical condition of humanity before the state's foundation and its monopoly on the
legitimate use of physical force.

2. Thomas Hobbes – British Philosopher wrote about this in Leviathan

2.1. Hobbes wrote that "during the time men live without a common power to keep them all
in awe, they are in that condition which is called war; and such a war as is of every man
against every man.” In this state any person has a natural right to do anything to preserve
his own liberty or safety, and life is "solitary, poor, nasty, brutish, and short."

3. Jean Jacques Rousseau – French Philosopher wrote about this

3.1. For Rousseau, who claimed that Hobbes was taking socialized persons and simply
imagining them living outside of the society in which they were raised. He believed
instead that people were neither good nor bad. Their bad habits are the products of

4. John Locke – British philosopher wrote about this in his 2nd Treatise on Civil Government
4.1. For Locke, "The state of Nature has a law of Nature to govern it", and that law is
Reason. Locke believes that reason teaches that "no one ought to harm another in his
life, health, liberty or possessions"; and that transgressions of this may be punished.
4.2. Locke detailed this further in saying all humans were born with the Natural Rights of
Life Liberty and Property.
4.2.1. And these rights could not be taken away from you unless you took them away
from someone else.

5. Charles de Montesquieu – French philosopher wrote about this in his De l’Espirit des Lois
(The Spirit of the Laws)
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5.1. Advocated for separation of powers into three distinct branches of government.


1. What fundamental rights are the foundations to success for a state guided by the ideal of
1.1. Individual Rights – The natural rights given to every individual upon birth
1.2. Societal Rights - The rights of society as a whole

2. Civil Disobedience – Essay by Henry David Thoreau

2.1. Thoreau argues that people should not permit governments to overrule their consciences,
and that people have a duty to avoid allowing such acquiescence to enable the
government to make them the agents of injustice. Thoreau was motivated in part by his
disgust with slavery and the Mexican-American War.

3. Declaration of Independence – Principal Author was Thomas Jefferson

3.1. “We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable rights, that among these are life,
liberty and the pursuit of happiness. That to secure these rights, governments are
instituted among men, deriving their just powers from the consent of the governed. That
whenever any form of government becomes destructive to these ends, it is the right of
the people to alter or to abolish it, and to institute new government, laying its foundation
on such principles and organizing its powers in such form, as to them shall seem most
likely to effect their safety and happiness.”

4. Letter from Birmingham Jail – Written by Martin Luther King, Jr. as he sat in jail.
4.1. “We know through painful experience that freedom is never voluntarily given by the
4.2. “One may want to ask: "How can you advocate breaking some laws and obeying
others?" The answer lies in the fact that there are two types of laws: just and unjust. I
would be the first to advocate obeying just laws. One has not only a legal but a moral
responsibility to obey just laws.”
4.3. “Now, what is the difference between the two? How does one determine whether a law
is just or unjust? A just law is a man-made code that squares with the moral law or the
law of God. An unjust law is a code that is out of harmony with the moral law. To put it
in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in
eternal law and natural law. Any law that uplifts human personality is just. Any law that
degrades human personality is unjust. … ”
4.4. “Let us consider a more concrete example of just and unjust laws. An unjust law is a
code that a numerical or power majority group compels a minority group to obey but
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does not make binding on itself. This is difference made legal. By the same token, a just
law is a code that a majority compels a minority to follow and that it is willing to follow
4.5. “Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a
result of being denied the right to vote, had no part in enacting or devising the law.”

1. Faction - is a grouping of individuals, especially within a political organization, such as a
political party, a trade union, or other group with a political purpose.

2. Federalist #10 – Written by James Madison as part of an effort to have the proposed
Constitution Ratified.

2.1. Madison warned against the dangers of political factions:

2.1.1. “By a faction, I understand a number of citizens, whether amounting to a majority
or a minority of the whole, who are united and actuated by some common impulse
of passion, or of interest, adversed to the rights of other citizens, or to the
permanent and aggregate interests of the community.”
2.1.2. “Liberty is to faction what air is to fire.”
2.1.3. “As long as the reason of man continues fallible, and he is at liberty to exercise it,
different opinions will be formed.”
2.1.4. “The latent causes of faction are thus sown in the nature of man; and we see them
everywhere brought into different degrees of activity, according to the different
circumstances of civil society.”
2.1.5. “No man is allowed to be a judge in his own cause, because his interest would
certainly bias his judgment, and, not improbably, corrupt his integrity.”

2.2. Madison proposed a solution when he wrote:

2.2.1. “The inference to which we are brought is, that the causes of faction cannot be
removed, and that relief is only to be sought in the means of controlling its
2.2.2. “If a faction consists of less than a majority, relief is supplied by the republican
principle, which enables the majority to defeat its sinister views by regular vote.”
2.2.3. “When a majority is included in a faction, the form of popular government, on the
other hand, enables it to sacrifice to its ruling passion or interest both the public
good and the rights of other citizens.”
2.2.4. “To secure the public good and private rights against the danger of such a faction,
and at the same time to preserve the spirit and the form of popular government, is
then the great object to which our inquiries are directed.”

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2.2.5. “Either the existence of the same passion or interest in a majority at the same time
must be prevented, or the majority, having such coexistent passion or interest,
must be rendered, by their number and local situation, unable to concert and carry
into effect schemes of oppression.”


1. Declaration of Independence
4.1 Proposed by Richard Henry Lee to establish legal independence from the British crown
4.2 July 4, 1776 members of the Second Continental Congress adopted the D.O.I. and signed
the engrossed document by August of 1776
4.3 This created 13 free and independent states
2. The Second Continental Congress served as the first government of these united states in
their continuing war with Great Britain.
3. The first attempt of a written federal government was formed under the Articles of
1.1 Followed between 1781 and 1787
4. The A.O.C. did a few things well:
4.1. Determined how new states would join the union
4.2. Negotiated the treaty to end of Revolutionary War
4.3. Made the Northwest Passage Purchase
4.4. Set the precedent of Federalism, state and national government working together on
national issues
5. The A.O.C. did other things poorly:

What was Broken with A.O.C. The “Fix” with the Constitution
No power to collect taxes The Supremacy Clause
A Stronger Congress
No power over interstate & foreign trade Expressed power
No mandatory power to raise an army Expressed power
Power to regulate instruments of commerce
National government had only specific, limited An expressed power
No independent Executive A president indirectly elected
Enforcement of federal laws dependent on state Establishment of Supreme Court and grant of
courts power to establish lower court
The amendment process Liberalized amendment rules
No national currency Expressed power

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1. Rights of Englishmen – The British form of a limited government that lost a focus in the
colonies especially after the French & Indian war.
1.1. Post War: The high British debt forced taxes to be placed on the colonies.
1.1.1. This is where the phrase “taxation without representation” was first used.

2. Rebellion – Minor cases of colonial rebellion took place.

2.1. Boston Tea Party in 1773
2.2. 1st Continental Congress in 1774
2.3. Lexington & Concord, where the “shot heard around the world” was fired

3. Declaration of Independence – Legal document that created a separation of the colonies

from Great Britain
3.1. July 4, 1776
3.2. Discussed “inalienable” or “natural” rights
3.3. Demanded new form of government

4. Articles of Confederation – First attempt at a new government for the former colonies
4.1. Created strong state but weak federal government
4.2. Federal government had no power to tax
4.3. Individual states could enter into treaty with foreign governments
4.4. Considered a failure

5. Shay’s Rebellion – Farmer led revolt due to foreclosures on their property.

5.1. Led by Daniel Shays
5.2. Quickly put down by state militia
5.3. Proved Congress and federal government had no power and the Articles needed to be

6. Philadelphia Convention – In 1787 representatives from the states gathered to change the
Articles of Confederation.
6.1. Convention decided to just throw out articles and start over.
6.1.1. New Jersey Plan – called for a one chamber legislature with representation being
based on equality Left most of the ideas of the Articles in place
6.2. Virginia Plan – called for a two chamber legislature with representation being based on
size of state population.
6.2.1. Gave supreme power to the federal government

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6.3. Great Compromise – also referred to as the Connecticut Compromise allowed for a two
house legislature.
6.3.1. One house had representation based on equality
6.3.2. One house had representation based on state population
6.4. 3/5 Compromise – When counting slaves for representation in Congress, every 5 slaves
would be counted as 3 people. This stayed that way until 1808.

Constitutional Time Line

1215 Magna Carta rule of law, due process, only between kings and lords
1628 Petition of Rights no taxes w/o Parliament’s approval, habeas corpus
1639 Fundamental Order of CT 1st Constitutional of the Colonies
1641 Mass. Body of Liberties free elections, right to own property
1663 Rhode Island protection of dissent
1689 British Bill of Rights trial by Jury, no cruel and unusual punishment
1776 Virginia Declaration of Rights power from people, god given rights
1776 D.O.I. Legal independence from Great Britain
1776 A.O.C. 1st attempt at government in former colonies
1786 Shay’s Rebellion Illustrated failure of Articles
1787 Philadelphia Convention writing of Constitution
1789 Ratification of Constitution becomes Supreme Law of the Land
1865-1870 Civil War Amendments 13 – freed slaves, 14- made citizens, 15- voting rights
1920 19th Amendment women gain right to vote
1924 Snyder Act Native Americans gain right to vote
1954 Brown v Board segregation ends
1964 24 Amendment ending of Poll Taxes
1971 26 Amendment voting age lowered to 18

1. Constitution
1.1. Popular Sovereignty – People have the power in government
1.2. Limited Government – Government does only what the people tell them
1.3. Separation of Powers – Power is divided and equal amongst the different branches
1.4. Checks & Balances – Each branch can restrain the powers of the other branches
1.5. Judicial Review – Power of the S.C.O.T.U.S. to declare an act of the legislative or
judicial branch unconstitutional
1.6. Federalism – Power divided between a central and regional governments

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2. Articles
2.1. Preamble – States propose of Constitution
2.2. Article I – Discusses legislative branch (Congress)
2.3. Article II – Discusses executive branch (President)
2.4. Article III – Discusses judicial branch (S.C.O.T.U.S.)
2.5. Article IV – Discusses relationships between the states
2.6. Article V – Discusses how to amend constitution
2.7. Article VI – Discusses national debt, supremacy over states & oath of office
2.8. Article VII – How to ratify

1. September 17, 1787 – the final draft of the Constitution was signed and sent to the states for

2. Ratification – Congress gave this Constitution to the states directly asking for nine of them
to approve
2.1. Once nine approved the Constitution it would become the Supreme Law of the Land
2.2. James Madison is considered the father of the U.S. Constitution

3. In each state, 2 groups formed in discussion of the Constitution

3.1. Federalist – People supporting the Constitution and a strong federal government.
3.1.1. John Jay, Alexander Hamilton & James Madison – wrote, under pen names, the
Federalist Papers in support of the Constitution Nos 1-14 The argument for Union Nos 15-22 The defects of the Articles of Confederation Nos 23-36 The need for an energetic Government Nos 37-51 General Characteristics of the new government Nos 52-83 The institutions of government Nos 84-85 Bill of Rights & conclusion
3.2. Anti-Federalist – People against the Constitution as it was written in 1787
3.2.1. They wanted more individual rights protection written into document

4. The States that ratified the Constitution were:

4.1. Delaware 1787 30 to 0
4.2. Pennsylvania 1787 46 to 23
4.3. New Jersey 1787 38 to 0
4.4. Georgia 1788 26 to 0
4.5. Connecticut 1788 128 to 40
4.6. Massachusetts 1788 187 to 168
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4.7. Maryland 1788 63 to 11
4.8. South Carolina 1788 149 to 73
4.9. New Hampshire 1788 57 to 47
4.10. Virginia 1788 89 to 79
4.11. New York 1788 30 to 27
4.12. North Carolina 1789 194 to 77
4.13. Rhode Island 1790 34 to 32

5. Constitution was passed when Federalists agreed to include amendments clearly stating
citizen’s rights and protections.
5.1. These protections became the Bill of Rights.

1. Grants of Power – Way to limit the power of the federal government through utilization of
expressed powers of the constitution
1.1.1. Government is allowed to do only what is written in the Constitution
1.1.2. Power to tax or create an army & navy

2. Denials of Power – Way to limit the power of the federal government through the utilization
of the expressed powers of what the federal government CAN NOT do
2.1.1. No ex post facto laws of bills of attainder

3. Separation of Powers – As outlined by Montesquieu as a way to prevent any one group in

power gaining too much power

4. Check & Balances – Separate institutions sharing power

4.1. The creation of Federalism or the dividing of power amongst the different branches of
federal government as well as among the different levels of government.

5. Bill of Rights – First 10 Amendments that specially outlined protections citizens have from
the federal government

6. Judicial Review – The power of the Supreme Court to declare an action of the president,
congress and state governments as unconstitutional
6.1 Although nor enumerated in the Constitution this power was established through the
implied powers of the Necessary and Proper Clause in the Marbury v Madison case

7. Providing for Self-Government:

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7.1. Individual liberty is part of the process of self-government but the fear of the majority
continues to exist.
7.2. In an attempt to prevent this, the framers created a republic or what we call today a
representative democracy.
7.3. Representatives should act of the behalf of those who elect them
7.4. House of Representatives were directly elected and would serve as trustees of those who
elected them.
7.5. Senators were appointed by their state legislatures thus giving voters an indirect control
of the Senate.
7.5.1. This has since changed to direct popular elections.
7.6. President was elected by the Electoral College thus giving voters an indirect control of
the executive branch.
7.7. Federal judges would be appointed by the executive and approved by the legislative
7.8. Changing the Constitution:
7.8.1. Jeffersonian Democracy – limited the power of the executive branch and gave
power to the directly elected legislative branch.
7.8.2. Jacksonian Democracy – Gave some power back to the executive branch through
changing the way the electors to the Electoral College were selected.
7.8.3. From state legislators to popular vote
7.8.4. The Progressives – Saw elected officials not as trustees but as delegates who
should be elected.

1. Federalism – Established during the Philadelphia Convention as a way to divide power
amongst the different levels of government.
1.1. Confederacy – Power lies in the hands of sub-national governments like states.
1.2. Unitary – power lies in the hands of the national government.

2. Powers of the Nation:

2.1. Enumerated – powers specifically written in the Constitution
2.1.1. Printing money
2.1.2. Regulating interstate and international trade
2.1.3. Declaring war
2.2. Implied – powers not specifically written in Constitution.
2.2.1. Necessary and Proper Clause or Elastic Clause – Federal government’s power to
make laws necessary and proper for carrying out other enumerated powers.

3. Powers of the States:

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3.1. Reserved Powers – powers enumerated to the states
3.1.1. Issue licenses
3.1.2. Regulate intrastate trade
3.1.3. Responsibility to run and pay for federal elections
3.2. 10th Amendments details that all powers not specifically granted to the national
government in the Constitution are given to the states

4. 14th Amendment:
4.1. Applies the rights and responsibilities of all amendments to the federal government and
to state governments
4.2. No government at any level can deny a person’s right without due process of law

5. Shared Powers:
5.1 Powers shared between state and national governments
5.1.1. Collect Taxes
5.1.2. Build Roads
5.1.3. Operate Courts of Law
5.1.4. Borrow Money

6. Denied Powers:
6.1. Powers Denied the Federal Government
6.1.1. Suspension of a writ of habeas corpus except in times of national emergency
6.1.2. Passage of a bill of attainder or ex post facto law
6.1.3. Imposition of export taxes
6.1.4. Use of money without the passage and approval of an appropriations bill
6.1.5. Granting titles of nobility
6.2. Powers Denied the State Government
6.2.1. Treaties with foreign nations
6.2.2. Declare war
6.2.3. Maintain a standing army
6.2.4. Printing money
6.2.5. Passage of a bill of attainder or ex post facto law
6.2.6. Granting titles of nobility
6.2.7. Imposition of import or export taxes

7. Advantages & Disadvantage:

7.1. Advantages include:
7.1.1. Mass participation
7.1.2. Regional Autonomy
7.1.3. Government at many levels
7.1.4. Innovative methods of government
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7.2. Disadvantages include:
7.2.1. Lack of consistency
7.2.2. Inefficiency
7.2.3. Bureaucracy
7.2.4. Over-government

8. Grants-in-Aid
8.1. Federal money being spent on the state level
8.2. Categorical Grants - Assigned by Congress for a specific purpose like the building of
8.3. Block Grants – Assigned by Congress for prescribed broad group of activities like social

9. Mandates
9.1. A rule that state what states must do to meet federal guidelines
9.2. Most mandates apply to civil rights and environmental protection

1. How to Classify Governments
1.1. Who can participate
1.2. Where Government is located in the state
1.3. Relationship between legislative and executive branch

2. Who Can Participate

2.1. Democracy – Power rest with the people
2.1.1. Representative Democracy – We elect officials to represent us in legislature. Also known as a Republic
2.2. Dictatorship – People that rule are not responsible to the people they rule over.
2.2.1. Oligarchy – Power with a small, self appointed group
2.2.2. Autocracy – Power with an individual who has unlimited power

3. Where Government is Located

3.1. Unitary – All powers of the government are held in one central body & location
3.2. Federal – When powers of government are divided between central and local
3.3. Confederate – An alliance of independent states

4. Relationship Between Legislative and Executive Branches

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4.1. Presidential Government – Legislative and executive branches are separate and
independent of each other.
4.2. Parliamentary Government – When executive is chosen from the legislative branch

5. Government
5.1. An institution through which a society makes and enforces public policy.
5.2. Public Policy – All the things a government does.
5.2.1. Legislative – Makes the laws
Defined by a
5.2.2. Executive – Enforces the laws
5.2.3. Judicial – Interprets the laws
5.3. Politics – The process by which a government functions.

6. The State
6.1. A body of people living in a defined area, organized politically to make and enforce laws
without the consent of a higher authority.
6.2. The state:
6.2.1. Legal Term
6.2.2. More than 190 world wide
6.2.3. Often replaced with Country or Nation
6.2.4. Must have Population Territory Sovereignty Government

7. Major political ideas

7.1. Force Theory – Power taken by force
7.2. Evolution Theory – Power evolved from family units to incorporate larger units
7.3. Divine Right Theory – God gives power to one
7.4. Social Contract Theory – People give up power in exchange for protection.

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Unit II
Civil Liberties & Civil Rights

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1. Our Constitution is more than 220 years old and is the oldest, active government in the world
1.1 Some say we are the 2nd oldest behind the British but this is for debate.

2. One reason it has lasted so long is its ability to be a living document, meaning it changes with
the times.

3. Amendment – the process to add provisions to the existing Constitution.

3.1. There are four methods.
3.1.1. Method 1: Both houses of Congress must approve a proposed amendment with a 2/3
vote. It is then given to the states, where ¾ of the 50 states must ratify it.
3.1.2. Method 2: Both houses of Congress must approve the proposed amendment with a 2/3
vote. It is then given to state constitutional conventions, where ¾ of the 50 states
must ratify it.
3.1.3. Method 3: An amendment may be proposed by a national convention called by
Congress at the request of ¾ of the 50 state legislatures. It is then given to state constitutional conventions, where ¾ of the 50 states
must ratify it.
3.1.4. Method 4: An amendment may be proposed by a national convention called by
Congress at the request of ¾ of the 50 state legislatures. It is then given to the states, where ¾ of the 50 states must ratify it.

4. Today we have 27 Amendments to the Constitution.

1. The Anti-Federalists were very concerned with the Constitution as originally written in 1787.
1.1. The fear was the lack of specific individual protections of citizens from the violations of

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2. In an agreement with the Federalists, the Anti-Federalists agreed to vote for ratification of the
Constitution in exchange for those specific rights being added during the first meeting of the
2.1. 1789, the first Congress met and lived up to their promise by writing, debating, voting
and adding 10 Amendments to the Constitution.
2.1.1. Originally Madison proposed 12 amendments but 10 were accepted
2.1.2. The 2nd proposed amendment was ratified in 1992 to become the 27th Amendment
2.2. The discussion then moved to whether the amendments should be included within the
Constitution or added to the end.
2.2.1. It was settled that they should be added to the end.
2.2.2. This was the creation of the Bill of Rights.

3. The Bill of Rights include:

3.1. 1st Amendment – Freedom of expression
3.2. 2nd Amendment – Right to bear arms
3.3. 3rd Amendment – Protection from the quartering of soldiers
3.4. 4th Amendment – Protection from illegal search & seizures
3.5. 5th Amendment – Protection from Self-Incrimination
3.6. 6th Amendment – Guarantee of a speedy trial
3.7. 7th Amendment – Guarantee of a public trial
3.8. 8th Amendment – Protection from cruel & unusual punishment
3.9. 9th Amendment – Guarantee that anything written in the Constitution cannot deny
other rights given to you
3.10. 10th Amendment – Any power not given to the federal government in the Constitution
automatically becomes a power given to state governments

1. Expression: the right of individuals to hold and communicate views of their choosing

2. Early Period:
2.1. Sedition Act of 1798
2.2. Espionage Act of 1917
2.2.1. Schenck v U.S. (1919) – Court defined clear and present danger rule as it applies
to limiting speech. Socialist printing of pamphlet to people eligible for the draft.

3. Modern Period:
3.1. World Wars I & II
3.1.1. National Security issues allow for limited expression

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3.2. September 11, 2001
3.2.1. USA Patriot Act

4. Free Speech & Assembly

4.1. Conservative Restrictions
4.1.1. Dennis v U.S. (1951) - Reinforced clear and present danger when specifically
calling for violent overthrow of government.
4.2. Liberal Restrictions
4.2.1. Texas v Johnson (1989) - State government cannot limit ones expression to burn
the U.S. flag.
4.2.2. U.S. v Eichmann (1990) – Federal government can no limit ones expression to
burn U.S. flag.

5. Freedom of Press & Prior Restraint

5.1. Prior Restraint
5.1.1. New York Times v U.S. (1971) – Pentagon Papers case … court determined a
person’s speech or publication cannot be stopped before it is made.

6. Expression & State Governments

6.1. Incorporation
6.1.1. Barron v Baltimore (1833) - Protections for citizens defined by the Bill of
Rights only applied to federal government.
6.2. 14 Amendment
6.2.1. State cannot deprive any person of life, liberty or property without due process.
6.2.2. Gitlow v New York (1925) - Court agreed with previous clear and present danger
ruling but used this case to establish Selective Incorporation. Bill of Rights now applied to state and federal government actions.
-Due process clause of the 14th Amendment
6.2.3. Near v Minnesota (1931) – Court ruled it is ok to print racial remark in a

7. Authority of States to Restrict Expression

7.1. Hate Speech
7.1.1. Brandenburg v Ohio (1969) – Court defined hate speech as speech that causes
imminent lawless action This speech can be limited but Ohio law is unconstitutional

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7.1.2. National Socialist Party v Skokie (1977) – Court determined free expression
takes precedence over the mere possibility that exercising that right may have
undesirable consequences.

8. Libel & Slander

8.1. Libel – falsely printed information that can damage a person’s reputation
8.2. Slander – falsely spoken information that can damage a person reputation
8.3. Malice – knowingly or reckless disregard for the truth.
8.3.1. As long as something is true it is ok to say!

9. Obscenity
9.1. Obscenity is NOT protected speech
9.2. Roth v U.S. (1957) – Court defined obscenity as material that taken as a whole appealed
to the worst interest and has no redeeming social significance.
-is NOT protected
9.3. Stanley v Georgia (1969) – Court determined what a person read and watched at home
is their own business and not a crime
9.4. Miller v California (1973) – Mass mailing to advertise the selling of “adult” material
9.4.1. Defined obscenity as: The work taken as a whole appealed to the worst interest in sex The work showed offensive sexual conduct that was specifically defined
by an obscenity law The work lacked any literary, artistic, political or scientific value
9.5. Osborne v Ohio (1990) – Court determined it was illegal to possess child pornography.
9.6. Ashcroft v Free Speech Coalition (2002) – Court determined picture digitally altered to
look like children cannot be banned as long as children were not used in making them
9.7. Ashcroft v ACLU (2004) – Court determined the congressional law requiring someone
to be 18 to look at pornographic material on the internet was unconstitutional as it
violated the first amendment
9.7.1. Community standards define what is harmful to minors and because there are
different standards in different communities this law was unconstitutional

1. Establishment Clause:
1.1. “Congress shall make no law respecting an establishment of religion”
1.2. The First Amendment provision stating that government may not favor one religion over
another or favor religion over non religion

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2. Free Exercise Clause:
2.1. “or prohibiting the free exercise of”
2.2. The First Amendment provision that prohibits the government from interfering with the
practice of religion or prohibiting the free exercise of religion

3. Separation of Church v State

3.1. As stated by Thomas Jefferson the Establishment clause was set up as, “a wall of
separation between church and state.”
3.2. Written in the famous Letter to the Danbury Baptist Church

4. The Lemon Test

4.1. Lemon v Kurtzman (1971) – Could the state reimburse nonpublic schools for the
purchase of secular textbooks, teacher salaries and supplies?
4.1.1. The law was deemed unconstitutional
4.1.2. Established the Lemon Test: The government's action must have a secular legislative purpose. The government's action must not have the primary effect of either
advancing or inhibiting religion; The government's action must not result in an "excessive government
entanglement" with religion.

5. Sample Cases:
5.1. Epperson v Arkansas (1968) – Could a state prohibit the teaching of evolution in a
public school?
5.1.1. This law was deemed unconstitutional
5.2. Engel v Vitale (1962) – Could a public school require students to say a non-
denominational prayer each day?
5.2.1. This law was deemed unconstitutional
5.3. Abington School District v Schempp (1963) – Could a public school require students to
read 10 verses from the bible each day?
5.3.1. This law was deemed unconstitutional
5.4. Wallace v Jaffree (1985) – Could a public school require a moment of silence each day?
5.4.1. This law was deemed constitutional and allowed to stay in effect
5.5. Lee v Weisman (1992) – Could a public school include a prayer as part a formal
graduation ceremony?
5.5.1. This act was deemed unconstitutional
5.6. Westside Community Schools v Mergens (1999) – Could a public school prohibit a
Christian club from forming?
5.6.1. This law was deemed unconstitutional
5.7. Santa Fe Independent School District v Doe (2000) – Is a public school allowed to have
a student led prayer before a football game?
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5.7.1. This law was deemed unconstitutional
5.8. Can a coach lead a team in prayer before a game?
5.8.1. This act has yet to be taken on by SCOTUS but is believed to be unconstitutional
as established by precedent


1. As required by the Anti-Federalist these are a set of Constitutional Amendments that outline
protections of those accused of a crime.

2. Habeas Corpus – Required of the court to let an arrested person know the charges against
them and the evidence that state currently has.
2.1. This is where bail/bond is established

3. Bills of Attainder – Protection from a legislative act that inflicts punishment without a court

4. Ex post facto Laws – Protection of a law passed after the fact

5. Grand Jury – a formal devise by which a person can be accused of a serious crime.
5.1. This takes the place of charges being drawn up by a states attorney
5.2. This can be found in the 5th Amendment

6. Double Jeopardy – Protection from being charged and tried for the same criminal act more
than once.
6.1. This can be found in the 5th Amendment

7. Speedy & Public Trial – Protection from any state delay in conducting a trial or conducting
a private trial.
7.1. Speedy Trial can be found in the 6th Amendment
7.2. Public Trial can be found in the 7th Amendment

8. Trial by Jury – Protection from a judge only trial, adding that jury members must be from
the area of the crime.
8.1. A defendant can waive this right and have a bench trial if they wish
8.2. This can be found in the 6th Amendment

9. Right to an Adequate Defense – Protection from a court abusing its powers in conducting a
9.1. Gideon v Wainwright (1963) put this into effect
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10. Self-Incrimination – Protection from being required to take the witness stand during a trial.
10.1. The burden of proof is on the state
10.2. This can be found in the 5th Amendment

11. No Cruel & Unusual Punishment – Protection from cruel and bizarre punishments to a
person found guilty of crime.
11.1. The death penalty is NOT considered cruel or unusual
11.1.1. Furman v Georgia (1972)– Outlawed the death penalty
11.2. This can be found in the 8th Amendment


1. New Nation – White, landowning males could vote
2. Naturalization Law – (1790) Citizens could vote. Only free white immigrants could become
3. Property Restrictions – (1856) North Carolina becomes last state to remove property
requirements to vote
4. 15th Amendment – (1865) Former male slaves given right to vote
5. Naturalization Act – (1870) Amended Naturalization law of 1790 to grant citizenship to
“white persons and persons of African descent
6. Supreme Court – (1898) Grants children of Asians born in the U.S. citizenship
7. 17th Amendment – (1913) Senators are directly elected from the public
8. 19th Amendment – (1920) Women given right to vote
9. Indian Citizenship Act – (1924) Native Americans given right to vote
10. Asian Exclusion Acts – (1952) Remaining Asian exclusion acts repealed
11. 23rd Amendment – (1961) Citizens of D.C. given right to select electors for the electoral
12. 24th Amendment – (1964) Ended Poll Taxes
13. National Voting Rights Act – (1965) Ended Literacy Tests & Poll Taxes to register to vote.
13.1. Justice Department must pre-clear any jurisdiction before they make any changes
to their voting laws.
13.1.1. EX: States – Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi,
South Carolina, Texas. Counties – Collier, Hardee, Hendry, Hillsborough
14. Language Minorities – (1975) NVRA expanded to provide information and support to
voters that speak a language different than English
15. 26th Amendment – (1971)Lowered voting age to 18

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16. National Voter Registration Act – (1995)
16.1. The NVRA allows the Department of Justice to bring civil actions in federal court
to enforce its requirements.
16.2. The Act also gives the responsibility to the Federal Election Commission (FEC)
to provide States with guidance on the Act, to develop a national mail voter registration
form, and to compile reports on the effectiveness of the Act
17. Help America Vote Act – (2002)
17.1. Replace punch card voting systems
17.2. Create the Election Assistance Commission to assist in the administration of
Federal elections
17.3. Establish minimum election administration standards
18. Insular Areas
18.1. American Insular areas do not vote for presidential electors or voting members of
Congress. They do elect representatives to their territorial governments.

1 Civil War Amendments
1.1 13th Amendment – The official end of slavery in the United States.
1.1.1 We were the last nation of the industrial world to end a government sanctioned
approval of slavery
1.2 14 Amendment – Accomplished many things
1.2.1 Made all people born in the United States citizens of both the country and the
1.2.2 This included all Americans
1.2.3 Due Process Clause - "life, liberty or property, without due process of law"

28 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d This amendment has been used to apply the protections of the Constitution to
potential violations of state and local governments
1.2.4 Equal Protection Clause - "deny to any person within its jurisdiction the equal
protection of its laws
1.2.5 This has been used to protect all residents with the laws of the United States

1.3 15th Amendment – The right to vote could not be denied based on color or previous
1.3.1 This gave former male slaves the right to vote
1.3.2 Women did not get the right to vote for another 60 years

2. Progressive Era Amendments

2.1. 16th Amendment – Congress can collect income taxes
2.2. 17th Amendment – Senators would now be elected by popular vote
2.3. 18th Amendment – Established Prohibition
2.4. 19th Amendment – Women gain right to vote

3. Later Amendments
3.1. 20th Amendment – Defined Presidential and Legislative terms (1933)
3.2. 21st Amendment – Ended prohibition (1933)
3.3. 22nd Amendment – Presidential term limits (1951)
3.4. 23rd Amendment – Residents of DC could vote for President (1961)
3.5. 24th Amendment – Ended poll taxes (1964)
3.6. 25th Amendment – Presidential disability and replacement
3.7. 26th Amendment – Lower the voting age to 18 (1971)
3.8. 27th Amendment – Congressional pay increases would not go into effect until next

1. 14th Amendment to the Constitution defined what a citizen of the United States is.

2. Citizenship by Birth – 90% of American Citizens

2.1. Jus Soli – The law of the soil … born in the United States or U.S. territory around the
2.2. Jus Sanguinis – The law of the blood … born to a parent who is a U.S. citizen and has
lived a good amount of time in the United States

3. Citizenship by Naturalization – Legal process by which a person becomes a United States

3.1. Individual – When an individual goes through the process to become a citizen
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3.2. Collective – At times entire groups have been naturalized at once
3.3. Alien – a Citizen or national of another country living in the United States
3.4. To become a citizen, a person must:
3.4.1. Be at least 18 years old
3.4.2. Have entered the country legally and have lived here for at least five years
3.4.3. File a petition for naturalization
3.4.4. Be literate in the English language
3.4.5. Be “of good moral character”
3.4.6. Have “a knowledge and understanding of American history and principles of
3.4.7. Take the oath which includes, “to support and defend the Constitution and the laws
of the United States against all enemies foreign and domestic.”

4. Loss of Citizenship – Every American citizen, native-born or naturalized, has the right to
give up their citizenship.
4.1. Expatriation – legal process to give up citizenship
4.2. Congress cannot take away a person citizenship for committing a crime
4.3. Denaturalization – legal process for a court to take away a person citizenship
4.3.1. can only happen when a person obtained their citizenship illegally

5. Immigration – Congress has the exclusive rights to regulate immigration

5.1. Undocumented immigration – No one knows exactly how many undocumented
immigrants are currently in the United States
5.1.1. Most come from Central America, Asia & Mexico
5.2. Deportation – legal process by which aliens are required to leave the United States

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Unit III
Interest Groups, Political Parties & Opinion Makers

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Political Socialization – The learning process by which people acquire their political opinions,
beliefs and values
Primacy Tendency – The tendency for early learning to become deeply imbedded in one’s mind
Structuring Tendency – The tendency for earlier political learning to structure later learning
Age-cohort Tendency – The tendency for a significant change in political socialization among
younger citizens, usually as a result of a major event

Agents of Socialization:
1. Families: First influence
2. Schools: Pledge of Allegiance
3. Mass Media: Sound bites, You Tube, Facebook, Twitter
4. Peers: Lack of knowledge, reciting what parents say
5. Churches: What does God say?
6. Political Institutions & Leaders: Leading by example
7. Frames of Reference:
7.1. Cultural Thinking – The common thoughts people have such as the principals of:
individualism, equality and self-government
7.2. Ideological Thinking – When a person has a consistent pattern of opinions on particular
issues that come from a core set of beliefs
7.2.1. Populists – Those who favor an activist government for economic security and
traditional values
7.2.2. Liberal – Those who favor an activist government but reject that a government
should favor one set of social values
7.2.3. Conservative – Those who focus on the marketplace as the means of distribution
and uphold social values
7.2.4. Libertarians – Those who oppose government as an instrument of economic or
value security

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Issue Liberals Conservatives
Health care should be more
Health care is handled best by
Health Care widely available to ordinary
private sector
Cure the economic and social Punish criminals for their
reasons for crime crimes
Government should regulate
Businesses should operate
Business Regulation businesses in the public
under free market conditions
Military Spending Spend less Spend more
Government is responsible for Taxes should be kept low for
reducing economic inequality everyone
Government is responsible to People are responsible for
Welfare State
help the poor their own well being
Support pro-active civil rights Limit government role in
Civil Rights
policies promoting social equality
Abortion Pro-choice Pro-life
Clear separation of church and Support faith based political
state initiatives

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1. Group Thinking – The realization that people see politics through the lens of the group(s) of
which they belong.
1.1. Religion
1.2. Class
1.3. Region
1.4. Race/Ethnicity
1.5. Gender
1.6. Age

2. Partisan Thinking – Membership in one party or another plays a large role in political
opinions/beliefs. These opinions/beliefs rarely change throughout life.

1. Partisan Press – Media that supports one specific party and whose news follows the party
1.1. Yellow Journalism

2. Objective Press – Media that makes reports based on facts and not opinion and that presents
all sides of a debate.

3. Interpretative Reporting – Reporting that explains the why.

4. Descriptive Reporting – Reporting that describes the what.

5. Types/Functions of Media
5.1. Print – 1st form of news coverage
5.2. Radio – Early 20th Century introduction; First truly national media
5.3. Television – Late 1950’s T.V.’s were everywhere; 24 hour global coverage
5.4. Internet – blogs, video, web sites
5.5. Agenda Setting – Media’s ability to draw attention to an issue
5.6. Political Forums – A source of political announcements

6. F.C.C. – Federal Communications Commission was established in 1934 to regulate

broadcast networks.

7. Mega-Media – As a way to increase profits companies have purchased several media outlets
creating mega media outlets.
7.1. Smaller amounts of people or companies are writing more and more of the news.
7.2. Competition has forced news outlets to become more sensational.
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8. Roles of the Media
8.1. Signaler Role – The responsibility of the news to alert the public to important
8.1.1. Ex – The nightly news
8.2. Common-Carrier Role – The role of the media to act as an open channel for political
leaders to communicate with the public.
8.2.1. Ex – sound bites (Play Bush sound bites)
8.3. Watchdog Role – The role of the media to protect the public from deceitful, carless,
corrupt and incompetent officials.
8.3.1. Ex – Watergate or The Jungle
8.4. Public Representative Role – When the media attempts to act as a representative of the
8.4.1. Ex – The coverage of specific events like 9/11

1. Interest Groups – Groups of people with like interest working together to influence the
making of public policy.
1.1. Sometimes called special interest or pressure groups.

2. Functions of interest groups:

2.1. Public Affairs – Issues that concern people at large.
2.2. Representation – They represent people on the basis of shared attitudes.
2.3. Information – To provide specialized or detailed information to government.
2.4. Participation – Serve as vehicles for political participation.
2.5. Divided Power – Serve as another source of checks and balances.
2.6. Competition – Serve as a source of checks against other, similar interest groups.

3. Types of Interest Groups:

3.1. Business Groups – i.e. Chamber of Commerce, automakers, etc
3.2. Labor Groups – i.e. Unions
3.3. Agricultural Groups – i.e. Association of wheat growers
3.4. Professional Groups – 1.e. Bar Association
3.5. Ideological Groups – Churches
3.6. Single Issue Groups – P.E.T.A.

4. Free Rider – One problem with interest groups is many people befit from the actions of a
few. This devalues the power of the interest group.

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5. How do they influence public policy?
5.1. Utilize propaganda – Begin with a conclusion and supply information to prove that
5.2. Lobbying – Activities to apply pressure on legislators
5.3. Political Action Committees – Focus on one issue and apply support to the candidate that
agrees with the group’s opinion
5.4. Testify before Congress – As expert witnesses in committee hearings
5.5. Socialize – Social networking
5.6. Endorsements – Supporting one candidate over another
5.7. Court Action – Filing of lawsuits
5.7.1 Class Action Lawsuits
5.7.2 Amicus Curiae – Friend of the court
5.8. Propaganda – Sending out press releases or advertisements


1. When trying to influence a state or national legislator in order to affect public policy working
alone is very difficult so groups of likeminded people are created.

2. How can these larger groups attempt to influence policy makers?

2.1. Inside Lobbying – Direct communication between organized interests and policy makers
based on the assumed value of close contacts with these policymaker
2.2. Outside Lobbying – An interest group uses public pressure as a mean of influencing
policy makers
2.3. Grassroots Lobbying – A groups lobbying designed to persuade policymakers that the
group’s policy position has strong support among constituents

3. Iron Triangle – When lobbyist work with a small group of well-positioned legislators and
business executives to seek the same policy creation

4. Issue Network – When lobbyist work with public officials in an open network towards the
creation of specific public policy

5. Money can also be a source of influence on policy makers. This is where political action
committees come in
5.1.1. Financial donation to a political campaign is the main function of a P.A.C. The
federal election commission has strict guidelines how money can be donated
political campaigns:
5.1.2. Corporate money can NOT be donated
5.1.3. Members or employees of a corporation CAN donate money
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5.2. PAC’s can donate $10,000 per candidate with $5 K going to the primary and $5 K going
to the general election

6. There is no legal limit to how many candidates’ donations can be made to

6.1. States establish different rules for donations to their campaigns
6.2. Florida has a $2,000 cap on donations

7. Today there is more than 4,000 different PAC’s registered with the FEC. More than 1/3 of
the total contributions made for Congressional campaigns are done so through PAC’s

8. Congressional incumbents are more likely to win and thus receive 5 times the amount of
money than challengers

9. 527 Groups – Named after the section of tax code that allows for their existence
9.1. Tax exempt organization that supports political agenda
9.2. Cannot support one candidate over another
9.3. These are not regulated by the FEC and thus do not have to follow contribution

Bi-partisan Campaign Reform Act enforced by the FEC donation limits

Hard Soft To a PAC Total per 2 years
Individual $2,300 $28,500 $5,000 $108,200
PAC $5,000 $15,000 $5,000 No limit
Non – PAC $2,300 $28,500 $5,000 $108,200


-It is impossible to run for any political office without having financial support.

1. Sources of Funding:
1.1. Small contributors - $5 to $25 donations … only 10% of registered voters donate
1.2. Fat Cats – wealthy individuals who make large donations
1.3. Candidates themselves
1.4. Political Action Committees – (P.A.C.) Political arms of special interest groups.
1.5. 527 Groups
1.6. Temporary Organizations – funding groups that conduct specific funding projects like
dinners and receptions

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2. Regulating Campaign Finance:
2.1. To limit the “bribing” of elected officials the government has limited the amounts and
types of political financial donations
2.2. Federal Elections Commission
2.2.1. Can’t make a donation in someone else’s name
2.2.2. Have to disclose donations of $5,000 or $1,000 in the final 20 days of a campaign
within 48 hours
2.2.3. Donations of $200 or more must have name and date reported
2.2.4. No person can give more than $2,000 to any federal candidate in a primary or
general election
2.2.5. No person can give more than $5,000 to a P.A.C. or $25,000 to a political party
2.2.6. PAC’s must be registered to make donations … $5,000 an election

3. Public Funding:
3.1. Every time you file taxes you can elect to give $3 per person for public funding for
president to be used in:
3.1.1. Preconvention Campaigns – These are the primary elections
3.1.2. National Conventions – This is where each party selects which candidate to run in
the general election
3.1.3. Presidential Election Campaign – These are post convention campaigns

4. Hard & Soft Money:

4.1. Hard Money – Money donated directly to the candidate
4.1.1. This money has federal rules associated to it
4.2. Soft Money – Money donated to party organizations
4.2.1. Prior to 2002 this had no limitations, even today it has limited limitations

1. Public Opinion – The attitudes held by a significant number of people on matters of politics
and government
1.1. This is a complex collection of the opinions of many different people
1.2. Includes only those views that relate to public affairs
1.2.1. Which include politics, public issues and the making of public policy

2. Public – The different groups of people that hold the same views on different subjects
2.1. Not any one issue captures the attention of all Americans

3. How Informed is Public Opinion?

3.1. The public are often contradictory in their opinions
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3.2. The public is poorly informed, even on major national issues
3.2.1. This is called the “will to believe” where opinions are created a supporting facts
are then searched for
3.2.2. Public has little desire to learn and understand the issues and manner in which
government is facilitated

4. Characteristics of Public Opinion:

4.1. Saliency – The degree at which an issue is important to a particular individual or group
4.2. Intensity – The degree at which a person or group feels about a particular issue and the
power associated with it
4.3. Stability – The degree at which a person or groups opinion remain the same on a
particular issue


1. The general shape of public opinion can be measured by several things including:
1.1. Voting
1.2. Lobbying
1.3. Articles
1.4. Communication
1.5. Editorials

2. Polls – The Best way to Measure:

2.1. Straw Polls – Asking the same question to a large group of people
2.1.1. Unscientific and unreliable
2.2. Scientific Polling – Asking a variety of questions to specific target groups

3. The Polling Process

3.1. Sample – A representative slice of the total group of people
3.2. Sample Errors – The potential error in sample selected
3.2.1. This number goes down the larger the sample becomes
3.3. Random Sampling – A method that allows a polling of a representative cross-section of
the public
3.4. Valid Questions – Creating questions that won’t be answered the same way by everyone
3.4.1. Poorly worded questions will create false results
3.5. Interview – The face to face asking of the polling questions
3.5.1. Poorly asked questions will create false results
3.6. Analyze & Report – Large amounts of information are collected creating the need for
computers to interpret the information
3.6.1. Poorly created results will be the end of a polling company
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4. Polling Limits
4.1. Polls are not elections and thus cannot be assumed to be 100% accurate
4.2. Our government is established to not give public opinion, especially majority opinion
total control

-Why does it matter who votes, when they vote and where they vote?

1. Universal Qualifications:
1.1. Citizenship – You must be a citizen of the United States to be able to vote
1.1.1. Nothing in the Constitution says this
1.1.2. 10th Amendment allows state to determine voter qualifications

1.2. Residence – You must be a legal resident of your state to be able to vote
1.2.1. To keep the political machine from bribing outsides to come and vote in local
1.2.2. To allow new voters some time to become familiar with the candidates and issues
1.3. Age – 26th Amendment to the Constitution established the legal voting age as 18

2. Other Qualifications:
2.1. Registration – the procedure of voter identification to avoid voter fraud

3. Voter Prevention:
3.1. In an effort to keep some people or peoples from voting states passed specific laws, such
3.1.1. Literacy Tests – A person had to read and write to be able to vote
3.1.2. Poll Taxes – A person had to pay a tax in order to vote
3.1.3. Grandfather Clause – A person’s grandfather had to vote for them to be eligible to
3.1.4. Jury Duty – A person would have to serve jury duty if they registered to vote
3.2. States can legally limit other groups from voting, such as:
3.2.1. People in mental institutions
3.2.2. People convicted of a felony
3.2.3. People receiving a dishonorable discharge from the military

1. Who Participates (2000) election
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1.1 82% watched campaign on television
1.2 34% tried to influence others how to vote
1.3 10% put a sticker on their car or wore a button
1.4 9% gave money to help a campaign
1.5 5% attended a political meeting
1.6 3% worked for a party or campaign

2. Who Votes?
2.1. The typical voter in American politics is:
2.1.1. A woman
2.1.2. Over 35
2.1.3. White
2.1.4. College educated
2.1.5. Middle to upper middle class

2.2. Voter Turnout

2.2.1. Registered voters – 70% to 80% voted in recent elections
2.2.2. Eligible voters – 50% voted in recent elections

3. Who is elected?
3.1. The typical elected member of national government is:
3.1.1. A man
3.1.2. Over 30
3.1.3. White
3.1.4. College educated
3.1.5. Middle to upper middle class
3.2. 110th Congress:
3.2.1. Average Age 57
3.2.2. 90 women, 445 men
3.2.3. 43 Black members, 27 Hispanic members, 7 Asian members

4. Why do people vote?

4.1. People want to see a change in government, people want to make a difference, people
are civic minded, So people can have a voice

5. Why don’t people vote?

5.1. Lazy, ignorant, too busy, feel their vote doesn’t count, can’t read, can’t find a candidate
they like, not eligible, transportation issues, not near polling station, illness, media
created confusion, difficulty of absentee voting, number of offices to elect, weak
political parties

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6. How can we increase voter turnout and participation?
6.1. Today’s young voters or soon to be voters feel voter participation can be increased by:
6.1.1. Better use of technology
6.1.2. Election day as national holiday or on the weekend
6.1.3. Automatic registration for 18 year olds
6.1.4. Transportation provided

-IDIOT – Comes from the Greek word, idiotes meaning citizens who do not vote

1. Can – Not voters … people who are not eligible to vote

1.1. Resident aliens
1.2. Convicted felons
1.3. Those adjudicated mentally incapacitated
2. Sociological Factors – These are generalities
2.1. Income:
2.1.1. Voters in lower income brackets … Democrats
2.1.2. Higher incomes brackets … Republicans
2.2. Occupation:
2.2.1. Manual workers … Democrats
2.2.2. Professionals … Republicans
2.3. Education:
2.3.1. High school grads … Democrats
2.3.2. College grads … Republicans
2.4. Gender:
2.4.1. Women … Democrats
2.4.2. Men … Republicans
2.5. Age:
2.5.1. Younger voters … Democrats
2.5.2. Older voters … Republicans
2.6. Religion:
2.6.1. Catholics & Jews … Democrats
2.6.2. Protestants … Republicans
2.7. Ethnicity:
2.7.1. Blacks, Puerto Ricans & Mexicans … Democrats
2.7.2. Whites & Cubans … Republicans
2.8. Geography:
2.8.1. Northeast, California … Democrats
2.8.2. Everything else … Republicans

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2.9. Family: People typically vote the way their family does

3. Psychological Factors
3.1. Party Identification – loyalty of a person to a party
3.1.1. Straight ticket – vote for everyone from the same party
3.1.2. Split ticket – vote for people of different parties
3.2. Candidates – People support a particular candidate no matter their party
3.3. Issues – People vote because of one issue and not because of the party or candidate

Political Party – A coalition of people with the same interest trying to have their candidate

Party-Centered Politics – Campaigns and political processes where the party has the most power
and influence

Candidate-Centered Politics – Campaigns and political processes where the candidate has the
most power and influence

1. The First Parties

1.1. The Federalists and the Jeffersonian Republicans – First developed in the discussion of
who should hold power at our nation’s creation
1.1.1. Federalists wanted a strong federal government
1.1.2. Jeffersonian Republicans wanted strong state governments
1.2. Jacksonian Democrats – Developed in a grassroots effort by Andrew Jackson
1.2.1. Gave power to political party members, not the party leaders
1.3. The Whigs were its only opposition and created solely in opposition to Jackson, not
because they had similar beliefs
1.4. These parties continued until 1860 … the Civil War

2. Two Party System

2.1. The United States has traditionally been a two-party system beginning with the
Federalist & Jeffersonian-Democrats
2.2. Single-Member Districts- When each party nominates a person for an elected office and
the party that wins the most votes (A plurality of votes) wins the office
2.3. Proportional Representation - A European form of elections where a party’s
representation is based on the percentage of votes the party won in the general election

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3. Party Coalitions
3.1. With only two major parties in the United States they often seek the center in public
3.2. Coalitions with groups or interest that support one party or the other is important in
having public policy passed
3.3. The major differences between the two parties over the last 70 years, has been their
plans for dealing with social and economic problems
3.3.1. Democrats usually: prefer more governmental involvement initiate programs to help poor, elderly and low-wage workers are supported by blacks, union members, poor, city dwellers, Hispanics,
Jews and other minorities
3.3.2. Republicans usually: consists mainly of white middle-class Protestants initiates programs to cut taxes, help businesses, limit affirmative action supported in suburbs, white fundamental Christians

4. Minor Parties
4.1. We’ve had more than 1,000 minor parties in the history of the United States. They are
usually formed to draw attention to specific, short lived issues
4.1.1. Single-Issue Party- Parties that are focused on one single issue like the Right –to-
Life party
4.1.2. Factional Parties- When portions of one of the two major parties disagree they
have split off to create new third parties
4.1.3. Ideological Parties- Other parties are focused with broader strokes for change like
the Socialist Party
4.1.4. Economic Protest Parties – Those parties that are created in tough economic
times with no clear-cut ideological base
4.1.5. Splinter Parties – Those parties that have split from the major parties

4.2. Importance
1.1.1. Progressive income tax
1.1.2. Women’s suffrage
1.1.3. First to use a national convention to nominate a presidential candidate
1.1.4. Serves in the “spoiler-role” in many presidential elections
1.1.5. Serve in the role of innovators and critics of the political scene
1.1.6. Banking Regulations

4.3. Examples
4.3.1 The Whigs
4.3.2 The Bull Moose Party

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4.3.3 Prohibition
4.3.4 Socialists
4.3.5 Communists
4.3.7 Green
4.3.7 Reform
4.3.8 States’ Rights (Dixiecrat)

5. Party Realignment
5.1. The Civil War can be interpreted as the defining moment in American History. Our
nation faced its greatest economic and political challenge and continued after some
internal evolution, the Civil War saw the first of these
5.2. At certain times of extraordinary issues one or several elections may illustrate a
disruption of traditional political power … this is a party Realignment and must possess
4 elements:
5.2.1. An extraordinary or divisive issue (Civil War, 9/11)
5.2.2. An election(s) where voters swing their support from one party to the other
5.2.3. A major change in policy through the actions of the new, stronger party
5.2.4. A long lasting change in party coalitions which works for the dominant party
5.3. From 1860 until the 1930’s the Republicans controlled much of the federal government
5.4. The Great Depression was the next realignment and empowered the Democrats until the
5.5. From the 1960’s to today we have seen a party de-alignment creating a voting populist
divided in thirds … Democrats, Republicans and Independents
5.5.1. This created Split-Ticket voting where people voted for candidates and not for
their party


1. Subdivisions of a Political Party
1.1. The party among the electorate – Voters enroll and identify with different political
1.2. The party in government – Government officials belong to political parties
1.3. The party organization – People that are not elected officials or average voters

2. Perform these functions:

1.1 Recruit and nominate candidates
1.2 Educate and mobilize voters
1.3 Provide campaign funds and support
1.4 Organize government activity
1.5 Provide balance through opposition of two major parties
1.6 Reduce conflict and tension in society
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1. Political Parties are decentralized
1.1. Commands do not come from the top down
1.2. Each party organization is allowed to function in its own desire

2. Party Leadership
2.1. President of the United States is the party Leader of his/her party
2.2. The other parties select a person to be their party leader

3. National Party Machine

3.1. National Convention – Meets the summer before each presidential election to select their
candidate, adopt the party rules and vote on the platform
3.2. National Committee – Between conventions the committee runs the national party
3.2.1. In theory they have lots of power
3.2.2. In reality they plan the next convention
3.3. National Chairperson – Elected to a four year term to run the national committee
3.4. Congressional Campaign Committees – Work to help incumbents in Congress retain
their office or keep their party in vacated or open seats.

4. State & Local Machine

4.1. State Organization – Headed by the state committee & chairperson to build their parties
power in the state.
4.1.1. Deals with state issues
4.2. Local Organization – Generally they follow the electorate map of the state but nothing is
set in stone and sometimes they go about their own path

5. Three Components of the Party

5.1. The Party Organization – These are the party’s leaders, activists and source of donations
5.2. The party in the Electorate – The party loyalists who generally vote straight ticket
5.3. The Party in Government – The party office holders

1. Register to Vote
1.1. Fill out registration form
1.2. Submit form to Supervisor of Elections office of your county

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2. How to Run For Office
2.1. Choose the office you want to run for
2.2. Check the qualifications for the office
2.3. Commission a public opinion poll. The purpose of the poll is to find out how many
voters know and are willing to vote for you, and what issues the voting public is most
concerned about
2.4. Find someone to manage your campaign
2.5. Decide the issues on which you'll base your campaign
2.6. Raise money (PAC)
2.7. Start a Web site. Include biographical information, your stand on the issues and
information about how to make contributions to your campaign
2.8. File the required papers to get yourself on the ballot
2.9. Get as many volunteers as you can to work for your campaign
2.10. Order campaign items such as bumper stickers, yard signs, lapel buttons, posters, rally
signs and magnets

3. Issues
3.1. Each precinct (a district marked out for governmental or administrative purposes) has
distinct and different issues. It is best to know the issues that affect the voters.
3.1.1. Nationally – Iraq, Afghanistan, economy, immigration, health care, foreign
3.1.2. Florida – loss of tax revenue, education, insurance, tourism, hurricane season
3.1.3. Orange County – crime, roads, bombing range, education, foreclosures

1. Primary Election
1.1. Closed Primary – Primary that is restricted to the registered members of a political party
1.1.1. Florida is a Closed Primary state
1.2. Open Primary – Primary where voters may vote in one party’s primary but only one.
1.2.1. Voters may vote for a candidate of the opposing party with the least likelihood of
1.3. Caucus - A caucus is a meeting of registered voters belonging to a certain party to
discuss who to vote for
1.3.1. Voting is done in public
1.4. Blanket Primary – Similar to general election where voters may vote for one candidate
per office of either party.
1.4.1. Only Alaska and Washington have this
1.5. Run-off Primary – When no candidates receive a plurality (greatest number of votes
without going over ½ of votes cast) a run-off is held.
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1.5.1. Often held for the top two vote getters
1.6. Causes – Meeting of the members of a political movement or party held for a specific
1.6.1. This is where the select a candidate or cast a vote in support of a candidate

2. General Election
2.1. Election where winners of primaries of each party face off
2.2. Winner who receives plurality of votes wins seat
2.3. Presidential winner is selected by Electoral College
2.3.1. 270 electoral votes required to win

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Unit IV
Institutions of American Government

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1. Congress was NOT created to write law; it was created to stop bad law from being written.
1.1. It is driven equally by:
1.1.1. Policy – The proposed policy of bills
1.1.2. Politics – Who the players are in the legislative process
1.1.3. Procedure – How the institution operates
1.2. Congress is waiting for us to tell them what to do.

2. BI-CAMERAL LEGISLATURE – means this is a two (2) house legislature.

2.1. House of Representatives – proportional representation
2.2. Senate – equal representation
2.3. Paid more than $150,000
2.3.1. 27th Amendment – limited pay increases to next term Proposed 2nd Amendment in 1789

1. The Body:
1.1. 435 members (set length body)
1.2. Entire body is up for election every two years
1.3. Must deal with reapportionment
1.4. Elected to two year terms
1.5. Must be 25 years old to run
1.6. Must live in your state
1.7. Must be U.S. citizen for 7 years
1.8. Strict rules with limited debate
2. Framers Define House:
2.1. The Peoples House
2.2. Majority rule
2.3. 70% of legislation is completed under “suspension” of the rule
3. Leadership:
3.1. Speaker of the House – Majority party leader
3.2. Majority Leader – Majority parties floor leader
3.3. Majority Whip – Solicits votes for majority party
3.4. Minority Leader – Minority parties floor leader
3.5. Minority Whip – Solicits votes for minority party

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1. The Body:
1.1 100 members (continuous body)
1.2 Elected to six year terms
1.2.1 Elections for 1/3 of the senate happen every two years
1.3 Must be 30 years old to run
1.4 Must live in your state
1.5 Must be U.S. Citizen for 9 years
1.6 Flexible rules with unlimited debate
2. Framers Define Senate:
1.1. Great Compromise set equal voice for states and senators alike
1.2. Why two senators from each state?
1.2.1. Wanted more than one due to frequent absences
1.2.2. Wanted smaller body than the House
1.3. An older, more experienced legislative body
1.4. Originally had indirect election to keep close connection to state governments
3. Voice of Minority:
2.1. Tea & Cup story
2.2. System built on compromise
2.3. Filibuster – give voice to the minority and to draw public attention
4. Advice & Consent:
3.1. Treaty – Must approve all treaties before they are sent to executive for ratification
3.2. Advice – From the onset they look at treaties, appointments, etc. to make
recommendations and changes
5. Individual:
4.1. 75% of legislation is unanimous consent
4.2. Individual senator can void this process
6. Leadership:
5.1. Vice-President of the United States
5.2. President Pro Tempore
5.2.1. No speaker from 1789 until 1950’s
5.2.2. VP filled that roll VP still paid by the senate John Adams broke 29 tie votes (record)
5.3. Majority/Minority Leader
5.3.1. Sets legislative agenda
5.3.2. Uses the power to persuade
5.4. Majority/Minority Whip
5.4.1. Head counter to see where the votes are
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1.1. The Constitution creates three types of powers for Congress.
1.1.1. Expressed Powers – powers directly written in the Constitution Power to tax Power to borrow Power over interstate commerce Power to create a national currency Power to establish bankruptcy Power to declare war Power to control postal service Power over naturalization Power to establish copyrights and patents Power to establish weights and measures Power over territories Judicial powers

1.1.2. Implied Powers – powers implied by expressed powers in Constitution Necessary and proper clause McCulloch v Maryland (1819) Creation of National Bank & Federal Reserve Regulate and limit immigration To create and utilize a draft Establish a minimum wage Regulate banking Control what is mailed or shipped

1.1.3. Inherit Powers – by the creation of a National government

1.1.4. Non- Legislative Powers Amending the Constitution Elect a president when a tie exist in the Electoral College Impeachment Appointment approval Investigate issues through Oversight Committee

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Standing Committees of Congress
House Senate
Agriculture Agriculture, Nutrition & Forestry
Appropriations Appropriations
Armed Services Armed Services
Budget Banking, Housing & Urban Affairs
Education & the Workforce Budget
Energy & Commerce Commerce, Science & Transportation
Financial Service Energy & Natural Resources
Government Reform Environment & Public Works
House Administration Finance
International Relations Foreign Relations
Judiciary Government Affairs
Resources Health, Education, Labor & Pensions
Rules* Judiciary
Science Rules & Administration
Small Business Small Business & Entrepreneurship
Standards of Official Conduct Veteran Affairs
Transportation & Infrastructure
Veterans Affairs
Ways & Means

1. Committees – Where the real work in Congress takes place

1.1. Bill Discussion – Committees and sub-committees research different bills in preparation
for their vote on the floor of the different houses of Congress
1.2. Standing Committees
1.2.1. Permanent congressional committee with responsibility for one specific area of
public policy.
1.2.2. House has 20
1.2.3. Senate has 16
1.3. Sub Committees –
1.3.1. Multiple Referrals until 1995 – this meant the proposed bill must pass each
committee it was referred to before it could be debated and voted on the House floor
1.3.2. Primary Referrals – as of 1995, referred to subcommittee that has key issues to be
discussed Speaker determines what is key Speaker also sets time limits on bill in sub committee

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1.4. Joint Committees - At times specific issues require membership from each house to
work together in problem resolution
1.5. Select Committees - Panels set up for specific purposes, for a limited time
1.6. Conference Committee - When a bill has passed both houses but differs in specifics this
committee is set up to turn these 2 bills into 1 before going to the White House
1.6.1. Conference Committees are not utilized any more. When a bill comes out of
Conference it can no longer be amended Happen 4 times in the 111th Congress
1.6.2. Instead the House & Senate bounce bills back and forth until an agreed upon bill
is found The media has labeled this “ping-pong” of a bill Each house gets two shots at the proposed bill

2. Membership
2.1. Congressmen from each party are members of the different committees
2.1.1. Three different types of committees: A – good committees B – not too bad C – bad committees
2.1.2. Members must serve on two A’s, maybe one B and as many C’s as they wish.
2.1.3. Seniority System was gone as of 1995 Committee Chairs – Serve for 6 years and out Steering Committees created to select committee leadership Speaker selects members of steering committees
2.1.4. Grandfather – right to serve on committee although the rules say you can’t
2.2. Majority party in Congress holds the majority of each committee
2.3. Majority Party holds leadership positions of each committee

3. Jurisdiction - The different committees have jurisdiction or area where they are authorized
to act
3.1. House
3.1.1. The Rules Committee – Most powerful committee in the House. Controls the
schedule of when and if a bill will be debated as well as the type of debate Arm of the Speaker Determines rules for debate Open Debate – each member can propose as many amendments as
they wish to each bill Closed Debate – no amendments can be proposed Structured Debate – a preset amount of amendments will be

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3.2. Senate
3.2.1. The Appropriations Committee – In charge of financial expenditures Most powerful committee in the Senate


POLICY MAKING – The different job duties of Congress

1. Lawmaking Function – The authority to make the laws necessary to run the government
with the support of three different agencies
1.1. Congressional Budget Office- (CBO) The agency that assesses the president’s budget
1.2. General Accounting Office – (GAO) The agency that oversees executive agencies
spending of money
1.3. Congressional Research Service – (CRS) The agency that is a nonpartisan reference

2. Oversight Function – A supervisor activity so verify the executive branch carriers out the
laws faithfully and spends money properly
2.1. Sunset Law – A law that contains a provision that includes a date the law will become
invalid unless it is extended by Congress

3. Pluralism – The responsibility of writing policy that is good for nation while also writing
policy that is good for the people who elected the members of Congress!
3.1. When push comes to shove, who should the members of Congress support (federal
government or constituents) when their concerns conflict with each other?
3.2. FYI
3.2.1. 25% of 1% of our annual budget are earmarks
3.2.2. The operating cost of Congress is about $13 a person per year


1. Legislative Day
1.1. Opening
1.1.1. House called to order
1.1.2. Designation of Speaker

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1.1.3. Prayer Allowed because the courts of no rule inside the chambers of Congress as
there exist a separation of powers
1.1.4. Approval of Journal
1.1.5. Pledge of Allegiance
1.1.6. “One Minutes” Alternating Majority – Minority party
1.2. Legislative Business
1.2.1. Suspension Bills
1.2.2. Rule on Consideration of Bills
1.2.3. House goes into “Committee of the Whole” Motion to Recommit – last chance of minority party to kill a bill.
1.3. Special Orders and Adjournment

2. Idea to Law - Contact a Congressmen with your idea

2.1. Member of Congress Introduces Bill

2.1.1. Introduce into either house of Congress via the Hopper
2.1.2. Assigned bill number appropriate to house it was introduced H.R. 1234 or S. 1234 – Number assigned is originating house H. Res. or S. Res. – House resolution that is internal operation to one
chamber H. J. Res. or S. J. Res. – Just like a bill but for a very narrow function Example would be for a Constitutional Amendment H. Con. Res or S. Con. Res. – Concurrent resolution that both House and
Senate agree on – does not go to President for signing

2.2. Committee Action

2.2.1. Referred to specific Standing Committee dealing with bill’s issue May go to sub-committee for additional research Back to full committee for additional discussion Super 4 Committees: Armed Services Finance Appropriations Foreign Relations
2.2.2. Predominant Jurisdiction – 51% of the bills topic will determine which
committee the bill will go to Bills are drafted knowing they will go to a friendly or unfriendly

56 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
2.2.3. If in House: Committee Hearings – Are for political reasons Committee members not always there Mark-Up – Committees go through bill word by word to mark-up
legislation. All the important work on a proposed bill is done here Only 10% of proposed legislation makes it past this point Given to Rules Committee to be scheduled for debate on floor of house
2.2.4. If in Senate: All Senators are equal (unanimous consent) Scheduled for debate on floor of Senate All important work on a proposed bill is done on the floor of Senate

2.3 Floor Action

2.3.1. Controlled by the Speaker Speaker Pro-Temp. – Speaker must lead session once every three
days, remainder of days are lead by a temporary speaker from the
majority party
2.3.2. Debated Passed, goes to opposite house Defeated, bill dies
2.3.3. In the House (Procedural Chamber) Suspension of the Rules 70% of legislation Non-controversial issues Less than $100 million Every Mon., Tues. & Wed. 2/3 vote is required to pass 51% vote is required to change rules Mace If you see it, you are in the house. If you don’t see it, you are in Committee of the Whole. Debate Propose amendments, vote on amendments But cannot vote on bill Members can speak for only 5 minutes House Filibuster – Minority leader is allowed to talk about all
parts of proposed legislation In the Senate (Political Chamber) Filibuster – Minority parties attempt to draw attention to their
dislike of proposed legislation.
57 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d Vote of Cloture – Vote to end filibuster. 16 Senators must sign letter Skip one day of session Vote - if 60 senators agree minority party will have
30 hours to wrap up filibuster (post-cloture)

2.4 Introduction into other house of Congress

2.4.1. Introduced into opposite house
2.4.2. Assigned new bill number

2.5 Floor Action

2.5.1. Debated
2.5.2. Passed, goes to conference committee
2.5.3. Defeated, bill dies

2.6 Conference Committee

2.6.1. If there are subtle differences in the bills written in each house this is where
they are corrected to say the same thing before going to the president Remember … this usually does not happen!

2.7 Congressional Approval

2.7.1. House and Senate vote for final approval of bill
2.7.2. If approved, bill is enrolled with president

2.8 Presidential Action

2.8.1. President may sign bill into law
2.8.2. President may VETO bill where it will go back to each house for 2/3 approval for
VETO override
2.8.3. President may ignore bill for 10 days where it will automatically become law
2.8.4. President may ignore bill for 10 days but if Congress adjourns during those 10
days the bill is VETOED

2.9 Congressional Override

2.9.1. When both houses have a 2/3 vote to override the presidential VETO

1. What did the founding fathers want in a president?
1.1. National leadership
1.2. Statesmanship in foreign affairs
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1.3. Command in times of war or national insurgency
1.4. Enforcement of laws
1.5. Implement Congressional foreign policy plans

2. Constitution was written to agree with these and still gave more power to the office of
the President.
2.1. May act as a diplomatic leader
2.2. May negotiate treaties
2.3. May appoint major administrators of national bureaucracy
2.4. May veto proposed laws

3. Job Description
3.1. Chief of State – Ceremonial head of government
3.2. Chief Executive – Responsible to enforce the laws
3.3. Chief Administrator – Head of federal government
3.4. Chief Diplomat – Heads American foreign policy
3.5. Commander in Chief – Heads the armed forces
3.6. Chief Legislator – Main architect of public policy
3.7. Chief of Party – Head of their political party
3.8. Chief Citizen – Representative of all Americans

4. Qualifications
4.1. Natural born citizen
4.2. By at least 35 years old
4.3. Lived in the US for at least 14 years

5. Term
5.1. 22nd Amendment – 2 terms or 10 years

6. Pay & Benefits

6.1. 400,000 yearly salary
6.2. 50,000 yearly expense budget
6.3. White House, Air Force One, Marine Corps One, Camp David


1. Article II outlines powers and responsibilities of the executive branch.
1.1. Imperial Presidency:
1.1.1. President takes strong actions without consulting Congress.

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2. Presidential Powers
2.1. Executing the Law
2.1.1. Ordinance Power – power to issue executive orders. Executive Orders – a directive, rule or regulation that has the effect of law
2.1.2. Appointment Power – Power to appoint most of the top ranking officers of the
Federal Government
2.1.3. Removal Power - Power to remove those same people that were appointed

3. Diplomatic & Military Powers

3.1. Treaty – Formal agreement between two or more sovereign countries
3.2. Executive Agreements – Agreement between the President and the head of a sovereign
3.3. Recognition – President has the power to recognize the legal existence of a nation.
3.4. Undeclared War – President can send troops into conflict for 60 days and have another
30 days to remove them from conflict
3.5. War Powers Resolution – Created as a way to limit the power of the president in times of
3.5.1. Within 48 hours of sending troops into combat President must report to Congress
detailing the scope of the military actions
3.5.2. 60 – 90 day plan
3.5.3. Congress can end the combat at any time.

4. Legislative & Judicial Powers

4.1. Recommending Legislation – President can’t write law but can suggest law to Congress
4.1.1. Message Power … The power to recommend laws
4.2. Executive Orders – Presidential orders that carry the same strength of law
4.2.1. May enforce the Constitution, treaties, legislative statutes or modify rules of
executive administrative agencies
4.3. Veto Powers – Power of the president to say no to a proposed law from Congress.
4.3.1. Both houses of Congress can override the VETO with a 2/3 vote
4.3.2. Line – Item Power – Power of the president to VETO specific money
expenditures from proposed bills

5. Judicial Powers
5.1. Reprieve – postponement of a sentence
5.2. Pardon – legal forgiveness of a crime
5.3. Clemency – providing mercy or leniency for a crime
5.4. Commutation – power to reduce the length of a sentence
5.5. Amnesty – a blanket pardon offered to a group of violators

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1. Political Parties select the candidates they want to run in the general election.
1.1. General Election – Election that select representatives into office.
1.2. Different Methods:
1.2.1. Congressional Caucus – Congressional members of each party select person they
wish to run in general election. Done by 1820
1.2.2. Party Conventions – Each party hold convention full of party delegates from all
states to select person they wish to run in general election. Still in active use today

2. Constitution
2.1. Our Constitution does not nor does any federal or state law define how a presidential
nomination will be made.
2.2. Today, national parties make all decisions on national convention
2.2.1. Setting location, dates, times, speakers, etc.
2.2.2. Traditionally, each national party gives state parties a certain number of delegates
2.2.3. Delegates – party representatives at convention
2.2.4. Each party then selects delegates to attend the convention.
2.2.5. These typically go to active supporters of the party

3. Presidential Primaries
3.1. An election in which party voters:
3.1.1. Select states delegates to the national convention
3.1.2. Express a preference of the candidates running for office.
3.2. Open Primary – Primary in which any registered voter can vote for either parties’
3.3. Closed Primary – Primary in which registered voters can only vote in for THEIR parties’
3.3.1. Florida is a closed primary state
3.4. Winner Takes All – Primary in which the winner of the preference vote gets the support
of all delegates
3.5. Proportional Representation – Primary when a candidate gets the same proportion of
delegates to the proportion of preference votes they get.

4. Caucus-Convention Process
4.1. States that don’t have a primary select their delegates with a system of caucuses and
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4.1.1. Party members meet in local caucuses to choose local delegates to a state
convention; at the state convention the delegates are selected to the national

5. The Electoral College

5.1. E.C. has as many members as Congress
5.1.1. Today … 535
5.2. Created because:
5.2.1. Too far for delegates to travel
5.2.2. American public not educated enough to make good political decisions
5.3. Electors – people that vote in Electoral College.
5.4. How are electors selected?
5.4.1. Each party selects electors equal to members of Congress from each state. Florida has 25 members of the house and 2 senators … 27 total electoral
5.4.2. All electors through the nation are selected on the same day, the 1st Tuesday after
the 1st Monday in November.
5.4.3. Whatever party wins that states preference vote in general election is awarded
ALL the electoral votes from that state.
5.4.4. Electors meet in their respective state capitols on a day established by Congress. Usually January 6th
5.4.5. Votes are then mailed to the Senate president for final count in front of both
houses of Congress.
5.5. To win the Presidential candidate must earn 270 electoral votes.
5.6. If no one candidate wins 270 votes the election is sent to Congress to select the
5.6.1. Each state delegation is given one vote, meaning a candidate must earn 26 states
approval to become president
5.6.2. If by January 20th no one has won the newly elected VP will act as president.
5.6.3. If no one VP has been selected the Senate will choose from the top two

6. Flaws with the Electoral College

6.1. Winner of the popular vote does not win the electoral vote.
6.2. No rules require electors to vote for the candidate that won their states preference vote.
6.3. The House can select someone different than the popular (preference) vote

7. Reforms to the Electoral College

7.1. District Plan – Each state will select two electors that are required to vote in line with the
states preference vote.

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7.2. Proportional Plan – Each candidate would receive the same percentage of electoral votes
as they did preference votes in each state.
7.3. Direct Popular Election – Do away with the Electoral College all together
7.4. National Bonus Plan – Keep the Electoral College as is but award 102 electoral votes to
the winner of the popular vote.

Presidential Appointees – These appointments extend presidents power.
They provide policy information to the president
They extend the presidents reach into the bureaucracy

1. Executive Office of the President (EOP)

1.1. Umbrella agency that organizes the Presidents closet advisors and assistants. About 2000
1.1.1. White House – Nerve center of EOP
1.1.2. Chief of Staff – Top aide of president in charge of running the E.O.P.
1.1.3. Its configuration is determined by the president and currently has the Office of the
Vice President and 13 other organizations.
1.1.4. National Security Council – meets to advise president on matters that relate to
national security
1.1.5. Office of Homeland Security – advises president on matters that deal with
1.1.6. Office of Management and Budget – largest unit of EOP, serves to prepare
national budget Direct benefit payments for individuals – 60% to 65% Non-defense discretionary – 18% to 20% Defense – 15% to 22%
1.1.7. Faith-Based and Community Initiatives – serves to encourage private faith based
organizations to continue community activities
1.1.8. National Drug Control Policy – serves to advise president on solutions to nations
drug issues
1.1.9. Council of Economic Advisors – serves to advice president on national economic
issues including the Economic Report to Congress

2. Office of the Vice President – President decides role VP will play. This is the office that
implements the VP’s assigned duties.

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3. The White House Office – This office serves the president most directly and personally.
They include the Communication office, assistants, Office of the Press Secretary, Counsel to
the President and more.

4. The Presidents Staff – The fifteen executive departments of the bureaucracy. The heads of
each department are appointed by the president and confirmed by the Senate. They include
the Department of Agriculture, Department of Defense and others.

5. Other Appointees – President also appoints head and top deputies of federal agencies and
commissions. These include more than 700 jobs appointed by the executive branch.

1. Presidential Succession was not originally in Constitution
1.1. Constitution transferred power not title
1.2. 1841 … VP John Tyler took over after President Harrison died of Pneumonia
1.3. 25th Amendment – Made succession official
1.4. Presidential Succession Act of 1947 – Defined succession through all 18 potential

2. Presidential Disability
2.1. Constitution did not define what should happen if a president has a disability.
2.1.1. Eisenhower, Garfield and Wilson all had serious illnesses that kept them from
running the country
2.2. 25 Amendment define what to do if the President has a disability
2.2.1. VP becomes acting President when the president OR VP & majority of Cabinet
inform Congress of Presidents lack of ability to conduct business.
2.2.2. President takes back control when he informs Congress he is ready to. VP & Cabinet may challenge president on this and Congress has 21 days
to determine who will run the country.

3. Vice Presidency
3.1. Constitutionally the VP has two jobs:
3.1.1. Preside over the Senate
3.1.2. To help decide the question of presidential disability
3.2. Why is it an important office?
3.2.1. Of the 43 president we have had 8 have been VP’s that rise to president because
of a death.
3.2.2. Today VP candidates are often selected as a balance on the ticket … a balance of
who is running.
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3.3. What happens when the VP leaves office?
3.3.1. The Constitution did not address this until the 25th Amendment
3.3.2. This has happen 18 times to date
3.3.3. The President selects a replacement that must be confirmed by both houses of
3.4. Sill though … No president has officially raised the power of the VP to be an “assistant

4. Succession
4.1. President
4.2. Vice-President
4.3. Speaker of the House
4.4. President Pro-Tempore
4.5. Secretary of State
4.6. Secretary of Treasury
4.7. Secretary of Defense
4.8. Attorney General
4.9. Secretary of Interior
4.10. Secretary of Agriculture
4.11. Secretary of Commerce
4.12. Secretary of Labor
4.13. Secretary of Health and Human Services
4.14. Secretary of Housing and Urban Development
4.15. Secretary of Transportation
4.16. Secretary of Energy
4.17. Secretary of Education
4.18. Secretary of Veteran Affairs
4.19. Secretary of Homeland Security

1. Bureaucracy – This is just an efficient & effective way to organize people to work.
1.1. Hierarchical Authority – Organization built like a pyramid.
1.2. Job Specialization – defined duties & responsibilities.
1.3. Formalized Rules – does work based on a set of rules & regulations.

2. Name Game:
2.1. Agency – Any governmental body
2.2. Administration – Any governmental body
2.3. Commission – Agencies charged with regulation of business activities
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2.4. Corporation – Conduct business like activities
2.5. Authority – Conduct business like activities

3. Executive Departments
3.1. Presidential Cabinet
3.1.1. Each headed by a Secretary except Department of Justice who is headed by
attorney general. Department of State – foreign policy issues Department of Treasury – produces money, collects taxes, manages public
debt individual income taxes – 49% social insurance receipts – 33% corporate income taxes – 10% excise taxes – 3% other – 5% Department of Defense - military Department of Justice – enforces laws, represents court, prosecutes
those accused of crimes Department of interior – manages public lands, helps Native Americans Department of Agriculture – manages national forests, inspects food,
administers food stamps & school lunch programs Department of Commerce – conducts census, grants patents and registers
trademarks Department of Labor – minimum wage, job training programs,
unemployment insurance Department of Health and Human Services – funds health care research,
administers Medicare and Medicaid Department of Housing and Urban Development – public housing, home
financing programs Department of Transportation – promote and regulate highways, railroads,
mass transit, air-travel, waterways and oil & gas pipeline Department of Energy – promotes renewable energy, conduct nuclear
weapons research Department of Education – administers federal aid to schools Department of Veteran Affairs – administers benefits, pensions and
medical programs to veterans Department of Homeland Security – Border and Transportation security,
emergency response

4. Independent Executive Agencies

4.1. Independent Executive Agencies – Similar to a cabinet organization
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4.1.1. Not Cabinet Level Positions
4.1.2. Examples NASA – space exploration & national defense EPA – protect our environment Federal Elections Commission – establish free and equal elections Social Security Administration – administers social security

4.2. Independent Regulatory Commissions – largely beyond president’s reach

4.2.1. Examples Federal Communications Commission – regulates communication by
radio, television, wire, satellite and cable Nuclear Regulatory Commission – licenses and regulates private nuclear
facilities Securities and Exchange Commission – regulates securities and financial

4.3. Government Corporations - established by Congress

4.3.1. Examples FDIC – insures bank deposits US Mail - delivers mail TVA – generates, sells and distributes electric power

5. The Civil Service

5.1. Spoils System – giving of public offices and other favors of government to political
supporters and friends
5.1.1. Andrew Jackson is considered the Father of the Spoils System
5.1.2. Also called patronage
5.2. Pendleton Act – Altering the Spoils system to make merit the basis for hiring, promotion
and other personal actions of the federal work force.
5.2.1. Office of Personal Management – runs the hiring of government employees


1. Civil Service – those civilian employees who perform the administrative work of the
1.1. More than 3 million people are employed this way

2. Development
2.1. Beginnings
2.1.1. Washington wanted the most qualified people for the jobs of government
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2.1.2. Jefferson agreed as long as they were politically acceptable
2.2. Spoils System
2.2.1. Began under the presidency of Andrew Jackson
2.2.2. Spoils System – the practice of giving offices to political supporters or friends,
even if they were not qualified Also referred to as Patronage

2.3. Reform
2.3.1. Pendleton Act – Laid foundation for present federal civil service program where
merit was the focus on employment Set up two categories in the executive branch Classified – all hiring was based on merit Must pass an exam 90% of civil service jobs Unclassified – hiring done at presidents discretion

3. Civil Service Today

3.1. Office of Personnel Management – Federal government’s central personnel agency
3.2. Merit Systems Protection Board – enforces the merit principle in the federal bureaucracy
3.3. Pay & Benefits - Congress sets the pay & benefit scales for all federal employees
except those in the USPS

S. C. O. T. U. S.
1. Article III
1.1. Equal in status with the President and Congress
1.2. Defines size of court with 8 members and 1 Chief Justice
1.2.1. Presidential Appointment
1.2.2. Senate Approval
1.3. Approval for life, retirement or death!
1.4. Begins in October of each year

2. Judiciary Act of 1789

2.1. Created all other federal courts
2.2. Took place in our first Congress

3. Dual Court System

3.1. National Judiciary
3.1.1. 120 courts
3.1.2. Two Kinds of Courts
68 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d Supreme Court Inferior Courts – the lower federal courts below the Supreme Court
3.1.3. Two types of Federal Courts Constitutional Courts – those courts dealing with Constitutional issues District Courts, Courts of Appeal Special Courts – those courts that deal with specific expressed powers of
the Constitution. Tax Courts, Territorial Courts, Courts of D.C.

4. Court Members

4.1. Justices – Nine decision makers

4.2. Petitioner – Similar to prosecutor; person who asks the court to hear a case
4.3. Respondent – Similar to defense; person who responds to petitioners in trial
4.4. Solicitor General – Person who argues on behalf of the government

5. How do cases reach the court?

5.1. Case is applied to S.C.O.T.U.S.
5.1.1. 8,000 cases a year are sent to court; They typically accept 10%
5.1.2. Other are sent back to lower courts for reconsideration or the court agrees with the
decision of the lower court.
5.1.3. For Supreme Court to hear the case at least 4 of the 9 Justices must agree that the
case be put on the court’s docket.
-Rule of Four
5.1.4. Case is officially sent to the court in a writ of certiorari can also be sent via a certificate which is where a lower court requires instructions
5.2. Supreme Court rules on case

6. Deciding the Case

6.1. Judicial Conference – When justices meet to vote on cases before them
6.1.1. Conducted in secret; nothing discussed with outsiders

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7. Court Operations
7.1. Cases are heard from October until May in two week cycles
7.2. Briefs – Detailed written support for one side of a case
7.3. Oral Arguments – when attorneys for each side defend their briefs to the Justices.
7.4. Amicus Curiae – A “friend of the court” brief from an outside party
7.5. Conference – Justices discuss the cases they have heard oral arguments of.
7.5.1. By seniority each justice says how they will vote and why

8. Appointments, Terms & Pay

8.1. Appointments
8.1.1. President appointments people to the federal bench
8.1.2. Senate must approve presidential appointments
8.2. Terms
8.2.1. Judges in Constitutional Courts are there for life, until they retire or are removed
8.2.2. Judges in Special Courts sit for 15 year terms
8.2.3. Judges on the District’s Court of Appeals sit for 8 year terms
8.3. Payment
8.3.1. As long as they have served for 10 years judges may retire at 70 and keep their
full salary until death

9. Jurisdiction
9.1. Authority of a court to hear a case
9.2. Types of jurisdiction
9.2.1. Exclusive – Cases that can only be heard in federal courts
9.2.2. Concurrent – Cases that can be heard in both federal and state courts
9.2.3. Original – The court where the case originates
9.2.4. Appellate – The court that hears a legal appeal of a lower courts decision

10. Decisions
10.1. Opinion – actual decision the court makes
10.2. Majority Opinion – decision when majority of justices agree
10.3. Plurality Opinion – decision when majority of justices agree but for different reasons
10.4. Concurring Opinion – decision when one justices disagrees with majority based on
reasoning but not on decision
10.5. Dissenting Opinion – decision when justice disagrees with majority decision

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11. Pathway to court: S.C.O.T.U.S.

State Supreme U.S. Court Special Courts

Courts of appeals

Lower State US District

Courts Courts

1. The Supreme Court of the United States has the power to look at the acts of Congress, the
President, the Federal Bureaucracy, state governments and local government and determine if
they are in violation of the Constitution

2. Judicial Review
2.1. Not an expressed power in the Constitution

3. Marbury v Madison (1802)

3.1. As newly elected president Thomas Jefferson was settling into office his Secretary of
State (Madison) asked if undelivered judicial appoints from the previous president
3.2. Adams was a Federalist and wanted his party to control the judicial branch thus his
issuance of many “midnight” appointments
3.3. Marbury sued because he was not delivered his Justice of the Peace appointment
3.3.1. He took the case to the Supreme Court
3.4. John Marshall, the newly appointed chief justice of the Supreme Court, lead the way on
the decision of this case
3.4.1. He asked three things: Did Marbury have a right to that position? Yes Was there a way to obtain the position? Yes Was taking the case to the Supreme Court the correct way? No
3.5. This case set the precedent of the Supreme Court looking at the actions of another
branch of government to determine if an act violated the constitution

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1. The Judiciary Act of 1789 created all federal courts outside of the Supreme Court

2. Constitutional Courts
a. 94 District Courts
b. U.S. Court of International Trade
c. U.S. Court of Appeals for the Federal Circuit
d. 12 U.S. Courts of Appeals

3. Special Courts
a. Courts of D.C.
b. Territorial Courts
c. U.S. Tax Court
d. U.S. Court of Appeals for Veterans Claims
e. U.S Courts of Federal Claims
f. U.S. Courts of Appeals for the Armed Forces

4. Other Courts
a. Military Courts
b. Appeals from Federal Regulatory Agencies
c. Appeals from Highest States Courts


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1. County Courts
1.1. Organization -The Constitution establishes a county court in each of Florida's 67
counties. The number of judges in each county court varies with the population and
caseload of the county. To be eligible for the office of county judge, a person must be an
elector of the county and must have been a member of The Florida Bar for five years; in
counties with a population of 40,000 or less, a person must only be a member of The
Florida Bar. County judges serve six-year terms.
1.2. Jurisdiction - The jurisdiction of county courts extends to civil disputes involving
$15,000 or less. The majority of non-jury trials in Florida take place before one judge
sitting as a judge of the county court.

2. Circuit Courts
2.1. Overview - Until 1973, Florida had more different kinds of trial courts than any state
except New York. A movement developed in the late 1960s to reform this confusing
system. As a result, Florida now has a simple two-tiered trial court system.
2.1.1. The majority of jury trials
in Florida take place before
one judge sitting as judge of
the circuit court.
2.2. Organization
The Constitution provides that a
circuit court shall be established
to serve each judicial circuit.
Within each circuit, there may be
any number of judges, depending
upon the population and caseload
of the particular area.
2.2.1. To be eligible for the
office of circuit judge, a
person must be an elector of
a county within the circuit
and must have been admitted
to the practice of law in the
state for the preceding five
2.2.2. Circuit court judges are elected by the voters of the circuits in nonpartisan,
contested elections against other persons who choose to qualify as candidates for the
position. Circuit court judges serve for six-year terms.
2.3. Jurisdiction - Circuit courts have general trial jurisdiction over matters not assigned by
statute to the county courts and also hear appeals from county court cases.
2.3.1. The trial jurisdictions of circuit courts include:
73 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d original jurisdiction over civil disputes involving more than $15,000 controversies involving the estates of decedents, minors, and persons
adjudicated as incapacitated cases relating to juveniles criminal prosecutions for all felonies tax disputes & more

3. District Courts
3.1. Organization - The bulk of trial court decisions that are appealed are reviewed by three-
judge panels of the district courts of appeal. Until 1957 all appeals were heard solely by
the Supreme Court.
3.2. Jurisdiction - The district courts of appeal can:
3.2.1. hear appeals from final judgments and can review certain non-final orders
3.2.2. the district courts have been granted the power to review final actions taken by
state agencies
3.2.3. the district courts have been granted constitutional authority to issue the
extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas
corpus, as well as all other writs necessary to the complete exercise of their

3.3. As a general rule, decisions of the district courts of appeal represent the final appellate
review of litigated cases.

4. Supreme Court
4.1. Organization - Supreme Court of Florida was the final authority -- as it remains today --
on the meaning of the Florida Common Law. The basis of much of Florida’s common
law comes from Spanish law that existed here at the time of U.S. occupancy. Members
of the Supreme Court are appointed by the governor. The members must past a merit
retention vote to stay in office.
4.2. Jurisdiction - The Supreme Court is the highest appellate court in the state. The court
also has original jurisdiction over specific areas of Florida law

A landmark case is one that’s decision establishes a precedent that either drastically changes the
interpretation of a law or establishes new case law on a subject.
1. Marbury v Madison
1.1. Is Marbury entitled to his appointment? Is his lawsuit the correct way to get it? And, is
the Supreme Court the place for Marbury to get the relief he requests?
1.2. Established Judicial Review
74 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
2. McCulloch v Maryland
2.1. The case presented two questions: Did Congress have the authority to establish the
bank? Did the Maryland law unconstitutionally interfere with congressional powers?
2.2. Reemphasized the Supremacy Clause
3. Gibbons v Ogden
3.1. Did the State of New York exercise authority in a realm reserved exclusively to
Congress, namely, the regulation of interstate commerce?
3.2. Reemphasized the Supremacy Clause
4. Scott v Sandford
4.1. Was Dred Scott free or slave?
4.2. Worse decision in history of U.S. Supreme Court
5. Plessy v Ferguson
5.1. Is Louisiana's law mandating racial segregation on its trains an unconstitutional
infringement on both the privileges and immunities and the equal protection clauses of
the Fourteenth Amendment?
5.2. Established Separate but Equal
6. Korematsu v U.S.
6.1. Did the President and Congress go beyond their war powers by implementing exclusion
and restricting the rights of Americans of Japanese descent?
6.2. Protection v Civil Rights
7. Brown v Board of Education
7.1. Does the segregation of children in public schools solely on the basis of race deprive the
minority children of the equal protection of the laws guaranteed by the 14th
7.2. Ended Separate but Equal
8. Mapp v Ohio
8.1. Were the confiscated materials protected by the First Amendment? (May evidence
obtained through a search in violation of the Fourth Amendment be admitted in a state
criminal proceeding?)
9. Gideon v Wainwright
9.1. Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial
and due process of law as protected by the Sixth and Fourteenth Amendments?
10. Griswold v Conn.
10.1. Does the Constitution protect the right of marital privacy against state restrictions on
a couple's ability to be counseled in the use of contraceptives?
10.2. Substantive Due Process
11. Miranda v Arizona
11.1. Does the police practice of interrogating individuals without notifying them of their
right to counsel and their protection against self-incrimination violate the Fifth

75 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
12. Tinker v Des Moines
12.1. Does a prohibition against the wearing of armbands in public school, as a form of
symbolic protest, violate the First Amendment's freedom of speech protections?
13. Roe v Wade
13.1. Does the Constitution embrace a woman's right to terminate her pregnancy by
13.2. Right of Privacy
14. U.S. v Nixon
14.1. Is the President's right to safeguard certain information, using his "executive
privilege" confidentiality power, entirely immune from judicial review?
14.2. Due Process for all
15. Regents of Ca. v Bakke
15.1. Did the University of California violate the Fourteenth Amendment's equal protection
clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy
that resulted in the repeated rejection of Bakke's application for admission to its
medical school?
16. New Jersey v TLO
16.1. Did the search by a high school administrator violate the Fourth and Fourteenth
16.2. Common Good
17. Hazelwood v Kuhlmeier
17.1. Did the principal's deletion of the articles for the school newspaper violate the
students' rights under the First Amendment?
17.2. Editors role of school administration
18. Texas v Johnson
18.1. Is the desecration of an American flag, by burning or otherwise, a form of speech that
is protected under the First Amendment?

76 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
Unit V
Policy & Implementation

77 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
1. Economic Theory
1.1. Mixed Economy – Capitalist free-market systems where both the government and private
industry play a role
1.2. Laissez-faire – Government should never become involved in economic issues
1.3. Keynesian – Government can smooth out business cycles by influencing amount of
money individuals and businesses can spend on goods and services.

2. Fiscal Policy
2.1. Government action of either raising or lower taxes reacting in more or less consumer
2.1.1. Deficit Spending – Spending more money than is brought in each tax year
2.1.2. Supply-Side Economics – Cut taxes on domestic programs to stimulate production
and thus lower prices
2.2. OMB – Starts the budget process

3. Monetary Policy
3.1. Government action to control the amount of money in circulation and the supply of
3.1.1. Controlled through the Federal Reserve Reserve Requirement – raises or lowers amount of money banks are
required to keep on hand. Raising the reserve shrinks the amount of money on hand to loan
and thus raises interest rates Lowering the reserve has the opposite effect Discount Rate – Raises or lowers interest rate banks pay to Fed for
borrowing money Raising the discount rate will raise interest rates for consumer
loans Lowering the discount rate will have the opposite effect Open Market Operations – As the Fed buys and sells bonds people buy
and sell them due to their better interest rate When Fed sells bonds people withdraw money from bank causing
the bank to have less money to loan and thus increases interest
rates When the Fed stops selling bonds it has the opposite effect

78 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
4. Trade Policy
4.1. As one of the richest nations of the world our trade policy set guidelines for others to
4.2. Balance of Trade – The ratio of imported products to exported products
4.2.1. GATT – a treaty signed with the WTO to promote trade
4.2.2. NAFTA – A treaty signed with Mexico & Canada to remove import tariffs on
each other’s products


1. Taxes
1.1. Article 1 gave Congress the power to tax.

2. Current Federal Taxes:

2.1. Income Tax – A tax on the money you earn.
2.1.1. A Progressive Tax – more money you make, more tax you must pay.
2.1.2. Tax Return – April 15th to pay taxes.
2.2. Corporate Income Tax – A tax on a company’s money.
2.3. Social Insurance Taxes – Taxes from employee’s income.
2.4. Excise Taxes – Taxes on consumption goods or services.
2.5. Estate Tax – Taxes on the assets of a person that dies.
2.6. Gift Tax – Taxes placed on any gift more than 11,000.
2.7. Custom Duties – Taxes placed on goods imported into the United States.

3. Non Tax Revenues

3.1. Money earned from non tax sources.
3.1.1. Interest – Interest on the money currently in the Federal Reserve System.
3.1.2. Borrowing – T-bills & bonds.
3.1.3. Public Debt – All the money owed by the government plus the interest owed on
that money.

4. Spending & the Budget

4.1. Entitlements- Money that must be paid to people that meets requirements.
4.1.1. Medicare, Medicaid, food stamps, etc.
4.2. Federal Budget – The money spent by the federal government each year.
4.2.1. President writes the budget each year.
4.2.2. OMB reviews each federal department’s requests.
4.2.3. Congress approves the budget each year.

79 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
1. Hot button topic discussing the very essence of the purposes of government
1.1. Liberals believe government has an obligation to provide social welfare
1.2. Conservatives believe social welfare programs are an infringement on individual
liberties and responsibilities.
2. Social Welfare Programs
2.1. Social Insurance – National insurance programs where the public pays into them and
expects the money back
2.1.1. Social Security – Entitlement program to provide benefits to retired people
2.1.2. Medicare – Health care for people over the age of 65
2.1.3. Medicaid – Health care to low income parents, children, seniors and people with
2.2. Public Assistance – These programs are a result of condition and are not required to pay

80 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
Unit VI
Review for the AP Exam

81 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• Hobbes - Social Contract - people give up their power to government in exchange for protection.
• Locke - State of Nature - we are all born with the natural rights of life, liberty and property
• Rousseau - Popular Sovereignty - people have/hold all the power.
• Thoreau - Civil Disobedience - by following rules of Gov’t you agree of all actions of Gov’t
• Jefferson - D.O.I. - people hold the power (social contract)
• MLK, Jr. - Letter from Birmingham Jail - unjust laws should not be followed but challenged.
• Madison –
• Federalist #10 - Factions are potentially bad; to avoid this we must have a republican form of
• Federalist #51 – The need for checks and balances; advocates for a separation of powers


• Rights of Englishmen - British form of government
• Declaration of Independence - legal document that separated the colonies from England
• “Officially” signed July 4, 1776

• Articles of Confederation - first form of Gov’t for independent colonies… failed due to limited power
of federal Gov’t (no taxes = no money)
• Shays Rebellion - farmer & leader of rebellion.
• Rebellion happened due to lack of kept promises of colonial government
• Proved A.O.C. had no power
• Ended Articles of Confederation
• Philly Convention - delegates from colonies assembled to repair issues of A.O.C.
• New Jersey Plan - One chambered house with equal representation; left articles in place.
• Virginia Plan - Madison plan; 2 chambered legislature
 Great Compromise/Conn. Compromise - solved issue of representation (2 houses)
 3/5 Compromise - for calculation of representation every slaves will be counted as 3
• Ratification Process – (1787 to 1789) 9 out of 13 states had to ratify/approve constitution to be
• Federalists – Organized quite well but for constitution
• Anti-Federalist – Against the ratification of the pre-B.O.R. Constitution
o Well organized but against constitution
• Ratified – September 17, 1789, constitution approved and put into law

LIMITED GOVERNMENT – The goal was to create three balanced branches of government each having
powers or checks over the others
• Article I – Congress or Legislative Branch
• Article II – President or Executive Branch
• Article III – Supreme Court or Judicial Branch
• Federalism - power divided between national and sub national governments
• Types of Government: National, State, County, Municipal
• Democracy - Citizens vote on all the issues…good for small society

82 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• Representative Democracy - Citizen elects representatives to vote on all the issues …good for large
society or group. Also called a Republic!
• Grants of Power - powers specifically written in constitution to give power to federal Gov’t.
• Denials of Power - powers specifically written in constitution to deny powers to federal Gov’t.
• Bill of Rights - 1st 10 amendments - specific limitations of federal Gov’t actions against private citizens.
• 14th Amendment - applies all protections of constitution & Amendments to actions of both state and
• Selective Incorporation – The concept of how the Supreme Court applies the B.O.R. to states.
(Gitlow v New York or Mapp v Ohio)
• Enumerated - (expressed)powers specifically written in constitution
• Implied - powers implied in constitution and “hinted” at by those powers that are enumerated.
• Necessary and Proper Clause/Elastic Clause - enumerated constitutional power that allows Gov’t
to do anything necessary to carry out another power
• Ex post facto – Cant make something illegal after the fact
• Bill of Attainder – Cant make a law that give punishment without a trial

• Commerce Clause – Congress controls trade that goes between states
• Establishment Clause – Federal government can establish no official religion for the country
• Court Interpretation:
o Broad – Stops government from providing any aid to any religion whatsoever
o Narrow – Stops government from giving one specific religion preferential treatment
o Literal – Stops government from establishing an official religion
• Free Exercise Clause – People are free to practice their religion as long as it does not cause harm to
• Necessary & Proper Clause – power to make any laws necessary to implement another federal power
… Also known as the Elastic Clause
• Supremacy Clause – Federal government is supreme over the states
• Original Intent – Supreme Court Justice opinion of what original intent of the Constitution was
• Constitutional Interpretation
• Literal – What are the literal or plain meaning of the words of the Constitution
• Intentions – What were the intentions of the original framers of the Constitution
• History – What are the principal values of the Constitution in perspective of history
• Today – Today’s contemporary social values should be used when trying to apply the Constitution
• Considered the “Supreme Law of the Land”
• The Supremacy Clause

• Mandate – The will of the people
• Strict Scrutiny Test – Against laws that place limits due to race
• Intermediate Scrutiny Test – Against laws that place limits due to gender
• Reasonable-basis Test – Against laws that treat people unequally
• Civil Liberties – Rights guaranteed to you by the Bill of Rights
• Civil Rights – Application of equality through law

83 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• Obscenity - not protected speech (Roth v. U.S.; Miller v. Calif.; Osborne v. Ohio; Stanley v. G.A.)
• Slander/Libel - false words said/written that damage a person’s character - not protected speech (NY
times v. Sullivan)
• Explicit Rule – 5th Amendment protection from double jeopardy
• Exclusionary Rule – A rule that forbids the introduction of illegally obtained evidence into a trial
• Hate Speech - not protected speech ( Brandenburg v. Ohio; national socialist v. Skokie)
• Free Exercise Clause - can practice whatever religion as long as it causes no harm to another person
• Establishment Clause - Gov’t can’t establish one religion as “the” religion of the U.S. (Santa Fe
Schools v doe; Engle v Vitale; lemon v Kurtzman; Wallace v Jeffree; Abington school v Schempp)
• Lemon Test: 1. Actions must be secular
2. Can’t promote/interfere with religion
3. Can not cause excessive entanglement between religion and Gov’t.
Bill of Rights:
• 1st – Freedom of speech, press, religion, assembly and right to petition
• 2nd - Right to have a gun
• 3rd - Soldiers can’t be forced to live with you
• 4th - No illegal search and seizure
• 5th -No self- incrimination; no double jeopardy; due process
• 6th – Speedy and public trial; confront accuser
• 7th – Trial by jury
• 8th - No cruel and unusual punishment
• 9th – Future written rights can’t take away pervious rights
• 10th – Items not enumerated as federal powers are automatically a state right/power.
• 14th Amendment – Considered to be our most valuable amendment
• Citizenship – People were now citizens of their nation & state they were born in
• Procedural Due Process - Gov’t must follow specific procedures when limiting individual
• Substantive Due Process - Gov’t can’t be involved with specific portions on individual lives
• 13th - freed slaves WE THE PEOPLE … VOTING RIGHTS
• 14 - made former slaves citizens of states and nation 1776 - White, land owing land owners
• 15th - Right to vote not limited based on color 1870 - 15thAmendment - former male slaves
27 Total Amendments 1920 - 19th Amendment - woman
AMENDMENT PROCESS 1924 - Indian citizenship act
Propose: 1961 - 23rd Amend- D.C. residents - electors for
1. 2/3 of both houses of Congress presidents
2. 2/3 of state legislatures ask Congress to call a 1964 - 24th Amendment - no poll tax to vote
national convention 1965 - National voting rights acts
3 3/4 of state legislatures approve proposed
4 Ratifying conventions in 3/4 of the states
approve proposed amendment

84 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
Left (blue) middle Right (red)
Democrat (independent) Republican
Liberal moderate conservative
Anti Iraq pro Iraq
So-so death penalty pro death penalty
Pro-gay rights pro traditional marriage
Pro- choice pro- life
Who votes in this country? … White women, over 40, middle class and up, educated
Who can participate politically? … Everyone
How? Voting, contributions, writing letters, protests, e-mails/phone calls, helping of campaigns,
knowledge of issues
Has it been limited? … Yes through Poll Taxes, Grandfather Clauses and Literacy Tests
• Political Socialization - all things that go into the political awareness of an individual
• Political Machine – One political party demanding loyalty to its followers
• Transparency – Access to information of government
• FOIA – Freedom of Information Act
• Public Opinion - politically relevant opinions held by ordinary citizens
• Polling – Asking the opinion of the American public
• Sampling Error – The percentage of possible error with polling results
• Agents of Socialization - families, schools, media, peers, politics, churches, age
• Ideology - a consistent opinion based on a core belief
• First political parties- Federalists and Jeffersonian - Republicans (Democratic – Republicans)
• Federalists- gone by election of 1800
• Democratic Republicans – 1800-1824
• Democratic Party – 1824 to today
• Whig party- 1830’s – 1850’s
• Republican Party (GOP) - 1854 to today
• 1800-1860 - Democrats in power
• 1860-1932 - Republicans in power
• 1932-1968 - Democrats in power

• Andrew Jackson – “Jacksonian Democracy” Power to the people through: grassroots parties &
spoils system.
• Spoils System – (Patronage) giving offices or political favors to political friends & friends
• Pendleton Act – Merit was required to be appointed to government job
• Party Realignment – When an electorate responds strongly to a drastic issue by electing a new
party to run a legislative body
• Minor Party – Steal votes from major party & get’s their issue out to the public
• Straight Ticket – When a person votes for the same party throughout one ballot
• Split-Ticket – When a person votes for candidates from different parties on the same ballot
• Single-Member District – Representation where one candidate who wins most votes, wins office
• Party Coalition – Groups & interests that support a party

85 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• Campaign Finance
• Hard Money – Money donated straight to a candidate
• Soft Money – Money donated to a political party
• PAC – Political Action Committee
o Federal elections – Limits … 5K in primary and 5K in general
o State elections – depends on the state
• McCain – Feingold Act – Congressional act defining some limitations on campaign
o Removed the use of Soft Money
o Placed strict limits on Hard Money
• Apathy – Personal distrust of issue and a major cause for people not voting
• Swing Voters – undecided voters entering an election … often decide winner of elections
• Represent people at home
• Pass laws of the nation
• Bi-cameral Legislature – 2 houses
House Senate
-435 members -100 members
-Proportional representation -Equal representation
-Must be 25 years old -Must be 30 years old
-Must be a citizen for 7 years -Must be citizen for 9 years
-Leadership -Leadership
-Speaker -Vice President (only to break a tie)
-Majority Leader -President Pro Tempore
-Majority Whip -Majority Leader
-Minority Leader -Majority Whip
-Minority Whip -Minority Leader
-Minority Whip

• President Pro-Tempore – Member of majority party that has served the longest in the Senate,
limited power
• Majority Leader – Party leader & power broker elected by political majority in specific house
• Minority Leader – Party leader & power broker elected by political minority in specific house
• Party Whip – act as assistant to party leaders in “getting” the vote out to party members
• Committee leaders are member of political majority party
• Bills are sent to specific committees for research.
• Standing – there all session long
o 20 in House
o 16 in Senate
• Conference – temporary basis for specific issue
• Ways & Means Committee – House committee that creates tax law

86 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• House Rules Committee – Most power committee in the house
o Controls calendar
o Sets rules for debate How Does a Bill Become a Law?
Power of Congress Idea Idea
-Write the laws of the land Sponsored Sponsored
-Investigation & Oversight # Assigned # Assigned
-Enumerated Constitutional Powers
-Coin money, Control mail service, Committee Committee
Declare war, tax, naturalization, approval Sub-Committee Sub-Committee
of grants & more

• War Powers Act – Congressional limit placed on Floor Debate Floor Debate
President who has sent troops into combat by Passes or re-write Passes or re-write
requiring president to speak to Congress within
48 hours of troop deployment Conference Actions
• Franking – Members of Congress can send mail Back to Congress
to their constituents for free President
• Pork Barrel – Legislative acts that benefit one Veto
specific legislator’s district Sign
• Logrolling – members of Congress trading votes Pocket Veto
• Cloture - 3/5 Vote required to end a filibuster Ignore – Turns to law
• Filibuster – A senatorial tactic that prevents a bill from coming to vote by talking about it WAY
too much.
• Congressional Oversight – Congress has the power to oversee, create budget & create actual
• Bipartisan – When member of both parties work together on a specific bill
• Iron Triangle – Bureaucracy, legislative branch & special interest working together to deal with a
specific issue in a closed door policy making
• Realignment – When a loyal group of partisan switch political parties
• 1932 – is probably the best example of this realigning election
• Redistricting – The redrawing of congressional districts taking place after each census
• Drawn by state legislatures
• Gerry Mandering – Illegal drawing of districts to benefit one party, typically the one “in
• Enforce the laws of the land First 5: Last 5:
• Appoint judges/justices to federal courts Washington Obama
• Make treaties Adams W Bush
• Write federal budget Jefferson Clinton
• Control relations with foreign countries Madison Bush
• Head of political party Monroe Regan

• Must be native born
87 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• Must live in country for 14 years -400K a year salary
• Must be 35 years old -Plane, helicopter, house & more
• Elected to 4 years terms -Secret Service protection
• 2 terms or ten years max (22nd Amendment) -Retirement perks

• Used to be completed by caucuses of conventions
• Last 50 years we used state primaries
o Delegates
o Super Delegates – giving more power to specific groups

• Electoral College – Elects the president

• Citizens elect “electorates” as representatives from party that wins popular vote of state that
will cast their vote for the candidate from that party.
• Each state has equal numbers of electorates as members of Congress
• Plurality- Whoever gets the most votes wins, 270 in the Electoral College
• Succession – 25th Amendment
• V.P., Speaker, President Pro-Temp, Secretary of State, Secretary of Treasury, Secretary of Defense
• Informal Powers – Those powers gained through support of public opinion
• Executive Privilege – President does not have to reveal everything going on in the White House
• Executive Agreements – Treaty making power of executive branch; does not need Senate
• Executive Orders – Lawmaking power of executive branch; does not need Congressional
• Formal Powers – Those powers specifically expressed (enumerated) in the Constitution
• Bureaucracy – the structure and set of regulations in place to control activity, usually in large
organizations and government
• Bureaucrats - a member of a bureaucracy and can comprise the administration of any
organization of any size, though the term usually connotes someone within an institution of
a government
• Civil Servants – a civilian public sector employee working for a government department or
• Monetary Policy – Federal reserve controlling amounts of money in circulation
• Members of Fed are appointed by President and approved by the Senate
• Fiscal Policy – Government Budget spending and taxes collected for that spending
• Whig Theory – President is a limited office that must follow enumerated powers.
• Senatorial Courtesy – Allowing senators of president’s party to make recommendations on lower
federal judgeships
• Executive Privilege – Presidential privilege not enumerated in Constitution that allows president to
withhold information that could be a threat to national security

• S.C.O.T.U.S. – Supreme Court of the United States

88 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• To interpret the actions of federal and state officials including laws, executive orders, lower court
decisions, etc.
• 9 justices on SCOTUS
• Appointed by President for life or while in good standing
• Must be approved by the Senate
• None
• For Life
• Judicial Activism - a philosophy advocating that judges should reach beyond the Constitution to
achieve results that are consistent with contemporary conditions and values
• Judicial Restraint - a theory of judicial interpretation that encourages judges to limit the exercise of
their own power
• Strict Construction – Limitations on judicial interpretation (conservatism among the
• Writ of Certiorari – Legal application to SCOTUS to have case
• 8,000 apply but only 80 are accepted U.S. Court of Appeals
• Rule of Four – 4 of the 9 Justices must agree for the case
to be heard
• Amicus Brief – Friend of the Court brief that provides info to U.S. Special Courts
SCOTUS on issue in a case
• Writ of Mandamus – A court order that forces a government State Supreme Courts
official to do what they are suppose to do
• Jurisdiction - What court hears what cases?
• Original – Court case first appears State Court of Appeals
• Appellate – Court that lower court decisions are reviewed.
1st Chief Justice: John Jay District Courts
Most Important Chief: John Marshall (Judicial Review)
Current Chief Justice: John Roberts
Minorities on Court: Ruth Ginsberg Circuit Courts
Clarence Thomas


• Marbury v Madison – Established Judicial Review
• McCulloch v Maryland – Reinforced Supremacy Clause
• Gibbons v Ogden – Reinforced Supremacy Clause
• Scott v Sanford – Slaves are not protected by Constitution
• Plessy v Ferguson – Started separate but equal
• Korematsu v US – Protection of Civil Rights at time of war
• Brown v Board – Ended separate but equal
• Gideon v Wainright – Legal representation guaranteed
• Griswold v Conn – Substantive Due Process … some places the government is not allowed
89 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d
• Texas v Johnson – CAN burn a flag as freedom of expression
• New Jersey v TLO – Protection to search students in school for greater good
• Mapp v Ohio – Protection from illegal search & seizure
• Miranda v Arizona – Your Miranda rights
• Tinker v Des Moines – Silent, public protest allowed in schools
• Roe v Wade – Women’s right to privacy
• US v Nixon – Due Process for all Americans

• Poverty Line – a modest food budget for a suburban family of four times 3
• In-kind benefits – Benefit, not cash, provided by government to citizens … ex: food stamps
• Regulatory Policy – Policy established to promote economic efficiency or equity

90 | P a g e T h i s i s t h e i n t e l l e c t u a l p r o p e r t y o f T o m B e a r d