AP Government Amendments and Concepts Part 8

Law requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public.

Old FCC rule requiring media stations to provide different viewpoints for any controversial political issue

FCC rule requiring media stations to offer advertising time to all candidates if they offer it to one candidate.

Federal agency that regulates the radio, television, wire, satellite and cable communications.

Belief that American democracy is a sham; we really live in a plutocracy. The Constitution was written by rich white men for rich white men.

Belief that American political system basically works; competing interest groups all get heard at different times and places in government. Federalism helps (more layers of government).

Pluralism gone wrong; belief that government is paralyzed by too many interest groups demanding things too many things from government

Topic = factions (interest groups); minority factions controlled by majority; majority faction controlled by greater size of USA + virtuous leaders

Separation of powers & checks & balances protects against tyranny

Commander-in-chief of armed forces; pardon power (except for impeachment); treaty power; appointment power; veto power

Powers that are given to both federal and state governments. Ex., the power to tax and create courts. Exclusive powers are given only to one level of government (ex., the power to declare war)

States must recognize laws & judicial decisions of other states (ex., marriage, child support payments); public policy exception for gay marriage?

Federal law defining marriage as man-woman & declaring that no state is forced to recognize same-sex marriage (unconstitutional exception to full faith & credit clause?)

Federal laws that require the states to do things without providing the money to do so. Examples: ADA (wheelchair ramps), NCLB (AIMs testing)

Supreme Court declared Gun Free School Zones Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional. First federal law declared to exceed commerce clause since the 1930s (Devolution Revolution?)

First ten amendments to the Constitution; major source of civil liberties; applies to states via selective incorporation doctrine; promised to Anti-Federalists to secure ratification of Constitution

1st Amendment clause: Congress cannot "establish" a religion. Accomodationists (establishment = government-funded religion) vs. Separationists (establishment = ANY involvement with religion); Lemon test

Mandatory nondenominational school prayer violates Establishment Clause (see also Santa Fe School District v. Doe striking down student-led prayer at school football games)

Lemon Test for Establishment Clause
(1) Primary purpose and effect of law must be secular; (2) Law cannot create "excessive entanglement" of government with religion (subjective standard)

1st Amendment clause; Government cannot make a law prohibiting the free exercise of religion. Beliefs are 100% protected but religious practices are not exempt from neutral laws that affect everyone (ex., polygamy & illegal drugs)

1st Amendment clause; Congress can make no law abridging freedom of speech (including symbolic speech); Gitlow v. NY incorporates clause into 14th Amendment.

One major category of unprotected speech (basically verbal assault); Exception created in Chaplinsky v. NH (1942)

Used in Schenck v. US (1919) to determine whether speech is unprotected "incitement" to illegal activity. Replaced by stricter "imminent lawless action" test in Brandenburg v. Ohio (1969)

1st Amendment Clause: Congress shall make no law abridging freedom of the press. No prior restraints unless major national security threat (Pentagon Papers Case). Major protection against libel (NY Times v. Sullivan).

Government censorship of written material (preventing publication). Almost impossible due to 1st Amendment (only when major threat to national security). See Pentagon Papers Case (NY Times v. US)

Law responding to 9/11. Expands anti-terrorist powers (wiretapping, surveillance); 4th Amendment concern for civil liberties.

Literal meaning of 5th & 14th Due Process Clauses: Government cannot deprive you of life, liberty or property without holding certain procedures (trial, lawyer, right to question witnesses). Many elements of PDP are specifically protected by 5th, 6th, 7th & 8th Amendments.

1990 case declining to extend the constitutional right to privacy to include the right to die (assisted suicide). Three states currently allow assisted suicide. It is a serious crime everywhere else.

Major anti-gender discrimination law that applies to universities and schools that accept federal funding. Controversial because many universities cut male sports programs so as not to violate Title IX.

Proposed constitutional amendment requiring full equal treatment for men and women (ex. allow women special forces). Proposed by Congress in 1972 but never ratified

Major anti-discrimination law for disabled; requires access (ramps, braille, etc.); unfunded mandate

Compromise gay policy in military from 1993; finally ended by Obama in 2011.

State laws making sodomy (gay sex) a crime violate equal protection clause (fails rational basis test because only possible reason for law is homophobia)

Evolved as a way for Congress to handle large and complex work-load; divides up law-making into major subject areas; major responsibility for debating & marking up bills + oversight of execution of laws (the bureaucracy)

Services a congressperson provides for his/her constituents (ex., helping with government claims like social security & veterans benefits)

Power of Congress to veto executive decisions & actions; declared unconstitutional in INS v. Chadha (1983) (violates separation of powers)

Non-partisan legislative support agency (economists) to analyze President's Budget Proposal & how much programs and budget items will cost. Goal is to aid the Congressional budget process.

Closest presidential advisor ("Jafar"). PowerfulgGatekeeper in pyramidal system; does not require senate confirmation

Member of White House staff that controls flow of information from president, holds daily press briefings, tries to spin/control media

Three economic experts to help president understand and develop economic policy; must be confirmed by senate

Law giving president power to veto portions of budget bill; purpose = reduce size of national deficit; declared unconstitutional (violates separation of powers)

Chief Justice from 1953-1969; led activist liberal court; known for cases expanding rights of criminal defendants (Mapp v Ohio, Gideon v Wainwright, Miranda v Arizona)

Current Chief Justice (appointed by Bush in 2005); moved court in conservative direction; known for pro-corporation cases (Citizens United)

Corporation set up and run by the government; provides a service to the public (ex. US Postal Service)

Creation of powerful (iron) relationship of mutual benefit & support among congressional committee, government agency and regulated interest group(s). Can lead to corruption and "agency capture" (where the agency is controlled by the target of regulation). Problem exacerbated by revolving door.

1996 California initiative that banned all affirmative action programs.

1992 abortion case that applied new flexible test (instead of rigid trimester framework of Roe v Wade): Does state regulation of abortion place "undue burden" on women's right to an abortion? Court used test to uphold some regulations like waiting periods and parental notification for minors.

Political ideology (litmus test); acceptability to Senate (not too radical); judicial experience; diversity

The modern media trend for TV and radio shows to target very narrow ideological audiences (ex. conservatives watch Glenn Beck and Bill O'Reilly); results in greater political polarization

The attempt of politicians to cast their words & actions in the most flattering light (propaganda, distortion)

Political action on the local level by ordinary citizens (the roots): fundraising, volunteering, get-out-the-vote activities (knocking on doors); important function of local party organization

Main form = voting. Also joining political party, volunteering on political campaign, campaign contributions, running for office, protests...

Phase 1: Invisible Primary (year prior to election year) - exploratory committees, straw polls, media exposure...
Phase 2: Front-Loaded Primaries, including Super Tuesday (Jan-Feb of election year)
Phase 3: Remaining primaries & caucuses (March-June of election year)
Phase 4: Nominating Convention (July/August)
Phase 5: The General Election Campaign (from Labor Day)
Phase 6: Election Day (November)

Informal raising of support (and money) before first primaries

Major supporters of Democratic Party = African-Americans, Jews, Women, Labor Union members, poor people

Major supporters of Republican Party = WASPs, business people, the rich

Low in America compared to other western democracies (50-60% for presidential elections; 40-50% for midterms)

Elector who does not vote for the candidate they promised to vote for. These have never determined outcome of presidential election but is a major problem with electoral college system

1961 case incorporating 4th Amendment (and exclusionary rule) into 14th Amendment DPC, binding on states.

1942 case establishing "fighting words" category of unprotected speech.

Detailed budget outline prepared by President & OMB. Sets priorities in discretionary spending & proposes changes to entitlement programs. Start of annual budget process.

Federal law protecting against racial discrimination in voting. Major accomplishment of civil rights movement vs. Jim Crow. Bans all discriminatory voting procedures. Requires ballots to be printed in minority languages. Section 5 = federal policing of states with history of discrimination (still necessary?)

The power of a government to make laws protecting the health, safety and welfare of citizens (example: traffic laws, criminal laws). In America, police powers are reserved to the states by the 10th Amendment.

The right to challenge the legality of your detention by government (to have a judge determine whether or not the government can detain you). This right can be temporarily suspended by Congress in times of rebellion or unrest.

Laws that punish conduct that was not illegal when it was performed. These laws are always unconstitutional. Also known as a retroactive law.

Laws that punish individuals or groups without a trial. These laws are always unconstitutional.

Name recognition, campaign contributions, credit-claiming (pork & casework).

Congress making sure the Executive Branch and the Bureaucracy is correctly executing (carrying out) laws.

Federal block grant to provide cash assistance for poor families ("welfare program"). Each state can design its own program. Replaces Aid to Families With Dependent Children (AFDC) which was a categorical grant.

Allows an entire class of people who have been hurt in a similar manner by the same person or corporation to join together in one legal suit. (Example: AT&T overcharging 10 million customers 1 cent a month for a year).

Belief in the abolition of all government (maybe through violent means)

Belief in government assistance to improve society, especially for the poor and minorities. Socially liberal policies include universal health care, public education, affirmative action, welfare programs

The act of trying to influence a politician or bureaucrat. Usually lobbyists are highly paid insiders with access to people in power (revolving door). Major weapon of corporate interest groups.

Intentional breaking of a law to protest against the law. Thoreau vs. Mexican-American War, Rosa Parks & MLK vs. Jim Crow segregation.

Tried to increase voter turnout by allowing voter registration at same time as getting or renewing driver's license. Increased the registration rate, but not the voter turnout rate (people still apathetic or not motivated to vote)

Activity that seeks to influence the outcome of an election. Independent electioneering (SuperPacs & 527s) is protected free speech and so cannot be limited by government

Electioneering and issue advocacy by ordinary & unpaid citizens (the roots of American political system). Examples include Tea Party, youth activism in Obama 2008. Compare with "Astroturf Activism" - fake grassroots efforts (paid for by political interests).

Organization set up after Citizens United to engage in independent electioneering. Can receive unlimited donations but cannot coordinate with a candidate. Causing amount of money spent on elections to skyrocket (SuperPacs have spent $85 million so far in Election 2012)

Belief in limited government intervention to combat recession & promote economic growth. Major tool = increasing or decreasing money supply to avoid inflation & maintain price stability.

Belief in aggressive government intervention to combat recession & promote economic growth, especially by massive federal spending ("stimulus")

Series of liberal (Keynesian) economic laws enacted by FDR to combat Great Depression. Includes Social Security System & federal minimum wage law. Birth of Democratic Party as liberal party (soft electoral realignment)

Media tends to cover elections like a sporting event because it generates excitement (who is ahead, who is behind) & it is easy to do (poll data). HRJ is bad because it reduces time spent on analysis of issues & it can create a bandwagon effect in coverage of elections ("Romney looks like he will win this one...")

Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

Internment of Japanese-Americans during WWII does not violate 14th Amendment Equal Protection Clause (gets strict scrutiny but national security is a good enough reason to justify the racial discrimination).

5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence)

Establishes a woman's constitutional right to an abortion (in limited circumstances). Court held that abortion is part of the right to privacy, which itself is part of the concept of liberty in the 14th Amendment ("substantive due process"). Major goal for conservatives to overturn Roe.

Central government set up by Articles of Confederation (1781-89). No executive or judicial branches. Unicameral legislature with no power to tax or regulate interstate commerce (intentionally weak to prevent tyranny). One state one vote, supermajority (9/13) to pass important laws, unanimous vote to amend (our constitution is unconstitutional!)

Creative/activist interpretation of 5th and 14th Due Process Clauses. "Liberty" protected by the DPC includes substantive "fundamental rights" like rights protected by Bill of Rights (leads to incorporation doctrine) and other rights like the right to privacy.

Head of one of the 15 cabinet-level agencies ("Secretary" of Justice is called Attorney General). Divided loyalty between President and agency they command. Must be confirmed by Senate.

Nixon's "friends" broke into Democratic National Committee HQ during 1972 election, then Nixon tried to cover up White House involvement. Example of media muckraking (Woodward & Bernstein). Led to resignation of Richard Nixon.