AP GOVERNMENT COOKBOOK

1. AP GOVERNMENTCOOKBOOK Unit IV: Institutions of National Government: Legislative, Executive, Judicial and Bureaucratic Structures.

2. SYLLABUS - Unit IV Description IV. Institutions of National Government Students must become familiar with the organization and powers, both formal and informal, of the major political institutions in the United States: the Congress, the presidency, the bureaucracy, and the federal courts . Students should understand that these are separate institutions sharing powers and the implications of that arrangement . The functions these institutions perform and do not perform, as well as the powers that they do and do not possess, are important . It is necessary for students to understand that power balances and relationships between these institutions may evolve gradually or change dramatically as a result of crises . Students are also expected to understand ties between the various branches of national government and political parties, interest groups, the media, and state and local governments . For example, a study of the conflicting interests and powers of the president and Congress may help explain repeated struggles to adopt a national budget PAGE 1

3. Unit IV Vocabulary: Institutions of National Government • Chief of State term for the president as the ceremonial head of the united states, the symbol of all the people of the nation • Chief Executive term for the president as vested with the executive power of the United States • Chief Administrator President as head of the administration of the Federal Government • Chief Legislator term for the president as architect of public policy and the one who sets the agenda for congress • Chief of Party term for the President as the leader of his or her political party • Chief Citizen term for the president as the representative of the people, working for the public interest • Presidential Succession The order in which the office of president is to be filled if it becomes vacant • Presidential Succession Act of 1947 Set the order of succession following the Vice President • Balancing the Ticket Occurs when a presidential nominee chooses a vice presidential running mate who has different qualities in order to attract more votes for the ticket. • Presidential Electors a person elected by the voters to represent them in making a formal selection of the Vice President and President. • Electoral Votes votes cast by electors in the electoral college • Electoral College group of persons chosen in each state and the district of columbia every four years who make a formal selection of the president and vice president • Presidential Primary an election in which a party's voters (1) choose state party organization's delegates to their party's national convention, and/or (2) express a preference for their party's presidential nomination • Winner-takes-all an almost obsolete system whereby the presidential aspirant who won the preference vote in a primary automatically won the support of all delegates chosen • proportional representation Rule applied in Democratic primaries whereby any candidate who wins at least 15 percent of the votes gets the number of State Democratic convention delegates based on his or her share of that primary vote • national convention the meeting of party delegates every four years to choose a presidential ticket and write the party's platform. • Platform a series of statements expressing the party's principles, beliefs, and positions on election issues • keynote address Speech given at a party convention to set the tone for the convention and the campaign to come. • direct plan Do away with Electoral College and let the people vote directly for the president • district plan proposal for choosing presidential electors by which two electors would be selected in each State according to the Statewide popular vote and the other electors would be selected separately in each of the State's congressional districts. • proportional plan proposal by which each presidential candidate would receive the same share of a State's electoral vote as he or she received in the State's popular vote • electorate all of the people entitled to vote in a given election • executive article Article II of the Constitution. Establishes the presidency and gives the executive power of the Federal Government to the President • Mass Media Those means of communication that reach large audiences, especially television, radio, printed publications, and the Internet • Imperial Presidency Term used to describe a president as an "emperor" who acts without consulting Congress or acts in secrecy to evade or deceive congress • Oath of Office Oath taken by the president on the day he takes office, pledging to "faithfully execute" the office and "preserve, protect, and defend" the constitution • executive order directive, rule, or regulation issued by a chief executive or subordinates, based upon constitutional or statutory authority and having the force of law • ordinance power power of the president to issue executive orders; originates from the constitution and acts of congress • treaty a formal agreement between two or more sovereign states • executive agreement A pact made by the president directly with the head of a foreign state; A binding international agreement with the force of law but which (unlike a treaty) does not require senate consent • recognition the exclusive power of a president to recognize (establish formal diplomatic relations with) foreign states • persona non grata an unwelcome person; used to describe recalled diplomatic officials PAGE 2

4. Unit IV Vocabulary: Institutions of National Government line-item veto Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court reprieve An official postponement of the execution of a sentence pardon release from the punishment or legal consequences of a crime, by the President (in a federal case) or a governor (in a state case) clemency mercy or leniency granted to an offender by a chief executive commutation the power to reduce (commute) the length of a sentence or fine for a crime amnesty a blanket pardon offered to a group of law violators Progressive Tax a tax for which the percentage of income paid in taxes increases as income increases Tax Return A declaration of taxable income and of the exemptions and deductions claimed. Payroll Tax a tax imposed on nearly all employers and their employees and on self-employed persons--the amounts owed by employees withheld from their paychecks Regressive Tax taxes levied at a flat rate Excise Tax general revenue tax levied on the manufacture or sale of selected items Estate Tax a levy imposed on the assets of one who dies Gift Tax a tax on a gift by a living person Customs Duty a tax laid on goods brought into the United States from abroad, also known as tariffs, import duties, or imposts Interest a fee that borrowers pay for the use of someone else's money Deficit the yearly shortfall between revenue and spending Surplus more income than spending Public Debt all of the money borrowed by the government and not yet repaid, plus the accrued interest on that money; also called the national debt or federal debt Entitlement a benefit that every eligible person has a legal right to receive and that cannot be taken away without a change in legislation or due process in court Controllable Spending an amount decided upon by congress and the president to determine how much will be spent each year on many individual government expenditures, including environment protection programs, aid to education, and so on. Uncontrollable Spending spending that congress and the president have no power to change directly Continuing Resolution a measure which allows agencies to continue working based on the previous year's appropriations Domestic Affairs All matters not directly connected to the realm of foreign affairs Foreign Affairs A nation's relationships with other countries Isolationism a purposeful refusal to become generally involved in the affairs of the rest of the world Internationalism a political movement that advocates a greater economic and political cooperation among nations Foreign Policy a group of policies made up of all the stands and actions that a nation takes in every aspect of its relationships with other countries; everything a nation's government says and does in world affairs Right of Legation The right to send and receive diplomatic representatives Ambassador an official representative of the United States appointed by the president to represent the nation in matters of diplomacy Diplomatic immunity when an ambassador is not subject to the laws of the state to which they are accredited Espionage spying Terrorism the use of violence by groups against civilians to achieve a political goal Draft Conscription, or compulsory military service Collective Security the keeping of international peace and order Deterrence the policy of making the military power of the US and its allies so strong that no enemy would attack for fear of retaliation Cold War a period of more than 40 years during which relations between the two superpowers were atleast tense, and often hostile. A time of threats and military build up Containment a policy based in the belief that if communism could be kept within its existing boundaries, it would collapse under the weight of its internal weaknesses Detente relaxation of tensions Foreign Aid Economic and military aid to other countries Regional Security Alliance treaties in which the U.S. and other countries involved have agreed to take collective action to meet aggression in a particular part of the world UN Security Council A 15-member panel which bears the UN's major responsibility for keeping international peace.

5. Congressional Structure Overview The Connecticut Compromise Resulted in the adoption of a Bicameral (Two House) Legislature. PAGE 1

6. House of Representatives The House of Representatives was envisioned by the founding fathers to be the most powerful body in our government. The House was most closely tied to the interests of the people and was granted unique powers: UNIQUE POWERS The Power of the Purse: All bills involving money (taxing and spending) must originate in the House Vote to Impeach: The House can vote to impeach the President or another elected official, but does not hold the trial. Choosing a President: If no candidate receives a majority of the electoral votes, the House chooses a president. (Rare.) The House is so large that most work is done in Committees. The House is so large that debate is tightly regulated by the Rules Committee The House is so large seniority plays a crucial role in amassing power. PAGE 1

7. The Senate The Senate was envisioned to be a check on the will of the people. Originally, Senators were appointed by State Legislatures. The Senate, like the House, was given unique powers: UNIQUE POWERS The Power to Ratify Treaties: All treaties negotiated by the President must be approved by 2/3 of the Senate. The Power to Confirm Presidential Appointments: All appointments made by the Executive Branch must be approved by 51 Senators (60 w/ filibuster). The Power Try Impeachments: The Senate (presided over by the Chief Justice of the SCOTUS) Tries impeached officials. 2/3 of Senate must vote guilty. Senators are much more closely tied to Foreign Affairs than the House. Senate has unlimited debate that often results in filibuster. Six Year terms are conducive to large projects. PAGE 1

8. Legislative Process PAGE 1

9. Congressional Committees Four Major Types of Congressional Committees PAGE 1

10. Impeachment Process Impeachment - The process by which an elected or appointed government official is removed from office for illegal and/or unethical behavior. 2. 4. 1. 3. House of Representatives Senate • Notes on Impeachment Proceedings: • Impeachment designed as a check on the power of the President and Supreme Court Justices • The impeachment process has been rarely used. • Andrew Johnson: 1st Impeached President. He was found not guilty in the Senate (by 1 vote) • and served out the remainder of his term in disgrace. • Richard Nixon: Resigned in the wake of the Watergate scandal. If he did not resign, • impeachment was assured. • Bill Clinton: Impeached for lying under oath. Found not guilty. Served the remainder of his • term. PAGE 1

11. Congressional Elections: Incumbency Advantage Incumbency Advantage: The tendency for elected officials to win reelection due to unfair advantages provided by their positions. Sources of Incumbency Advantage • Name Recognition: Incumbents often have a better public presence than challengers • Fundraising: PACs and Interest Groups prefer to donate to incumbents • Franking Privilege: Congressional representatives are permitted to send direct mail to constituents for free. • Seniority System: As congressional reps win additional terms, they are appointed to better committees. Often, ousting a rep results in a net loss of influence for a constituency. • Public Opinion: Polls have shown that Americans tend to have a favorable opinion of their representative and an unfavorable opinion of Congress as a whole. • Term Limits: Though Reps face reelection every 2 years and Senators face reelection every 6 years, there is no limit to the number of terms that a Congressman can serve. • Gerrymandering: (House only) If a Representative’s party controls the State Legislature, it is possible for district lines to be altered to benefit the incumbent candidate. • Trends in Incumbency Advantage: • House Members enjoy a larger incumbency advantage than Senators • As direct mailing becomes a less significant aspect of modern • campaigning, the franking privilege is becoming less important. PAGE 1

12. Gerrymandering and Malapportionment Gerrymandering: The practice of redrawing the boundaries of Congressional districts so that the controlling party benefits. Malapportionment: A problem that often results from excessive gerrymandering wherein districts have extremely varied populations. When? Gerrymandering most often takes place after the census. The census occurs at the beginning of every decade. State Legislatures redraw congressional districts to benefit the controlling party. Two Methods: Packing: The practice of packing many like minded subgroups into one district. For example: Drawing one district that encompasses all liberal urban voters to minimize their impact. Cracking: The practice of cracking a voting bloc over several districts to minimize impact. For example: Drawing a line through a minority neighborhood. Gerrymandering is prevalent at the national and state levels. BOTH PARTIES GERRYMANDER. Anti-gerrymandering legislation is unlikely to pass because both parties benefit from it. Gerrymandering is not a factor in Presidential or Senatorial Elections because both of these Elections use unchangeable state boundaries as districts. PAGE 1

13. Congressional Trends Congress is predominately white and predominately male. About 50% of congressmen are millionaires. Women and minorities are becoming more common. The Election of 1992 was called the “Year of the Woman”; There was a marked increase in the number of females and minorities elected. Congressmen can be impacted by the “coattail effect” during presidential elections. The Coattail Effect refers to voters’ tendency to vote for candidates belonging to the party of their preferred presidential candidate. In other words, many Republican reps are swept into office when a Republican president is elected. PAGE 1

14. Executive Branch: Organizational Overview The Executive Branch is responsible for enforcing the laws. The Executive Branch is headed by the president and contains the cabinet, VP and bureaucracy. PRESIDENT VP Cabinet Level Secretaries (State, Defense, etc.) Bureau- Cratic Dept. Bureau- Cratic Dept. Bureau- Cratic Dept. Bureau- Cratic Dept. Bureau- Cratic Dept. PRESIDENTIAL QUALIFICATIONS: Presidential Candidates must be 35 years old Presidential Candidates must be Natural Born Citizens of the United States Presidential Candidates must have spent 14 years residing in the United States. Military Service and/or a Clean Record are NOT REQUIRED PAGE 1

15. Presidential Duties PAGE 1

16. Presidential Elections (Electoral College) The President (and VP) are NOT directly elected by the American people. The electoral college is a Constitutional creation that places a barrier between the will of the people and will of the government. It is a relic of a bygone era of political elitism. THE ELECTORAL COLLEGE: HOW IT WORKS • Each state is assigned a number of electoral votes. The formula is: # of House Reps + # of Senators = Electoral Votes. (Ex. PA has 19 House Reps and 2 Senators for 21 Electoral Votes. After the 23rd Amendment, Washington D.C. was granted as many electoral votes as the smallest state (3). • Each state conducts its own presidential election on the 2nd Tuesday after the first Monday in November. • Whomever wins a plurality of the vote in a state receives ALL of that state’s electoral votes. • The election results are then relayed to state appointed “electors”. Each elector will cast one vote on behalf of the state. (PA has 21 electors). Technically, electors may disregard state elections and vote how they see fit. This is never done. The role of electors is simply a tradition. • Once a candidate receives a majority of the electoral votes (270 of 538) he or she is elected president. • If no candidate is receives a majority of the Electoral Vote, the House of Representatives chooses a winner. (Rare) • Common Criticisms: • Candidate can win presidency without winning popular vote. • Small states given too much power in selecting a president. • Discourages voter turnout in “sure thing” states. • Candidates campaign almost exclusively in swing states. • Discourages third party participation. • Disenfranchises Americans who live in American territories. • Having the House select a president (in the event of a non-majority) violates the balance of power • Possibility of “faithless electors”. (26 states have laws prohibiting faithless electors) PAGE 1

17. Executive Orders Executive Orders Executive Orders AND Laws Laws • Issued by the • President • Usually aimed at • bureaucracy • Easily reversible • Based on implied • Constitutional Power • “Flick of the pen.” • Subject to judicial review • (Can be overturned by • Supreme Court) • Carries the weight of law • Documented by Gov’t • Passed by Congress, • approved by Prez. • Long lasting legislation • Wide range of uses • Based on enumerated • Constitutional Power • Product of a slow process Executive Orders are NOT in the Constitution. Executive Orders have become a larger part of the Presidency in the last 60 years and have contributed to the rise of presidential power. Executive Orders were used to desegregate the military (EO #9981 – Truman) Executive Orders also used to imprison Japanese Americans during WWII (EO #9906 – FDR) The internment of Japanese Americans was deemed Constitutional by the Supreme Court in Korematsuv. United States Executive Orders are an example of how our government has evolved to handle its size and diversity of opinion.

18. Limiting Military Power – The War Powers Act After public opinion of the Vietnam War turned negative, Congress passed the War Powers Act In order to limit the President’s ability to deploy the military without approval. The War Powers Act of 1973 was passed over President Nixon’s veto. The Rules: The War Powers Act is often thought to be Unconstitutional by acting presidents. Both Bill Clinton (Kosovo) and Barack Obama (Libya) violated the War Powers Act without resistance from Congress. The War Powers Act only applies to UNDECLARED WARS. Congress does not like to declare war because it gives the president too much leeway in the form of emergency powers.

19. Executive Privilege, Vetoes and Pardons Executive Privilege- The right of the President and other executive officials to ignore subpoenas from the legislative and judicial branches. Though not expressly mentioned in the Constitution, executive privilege is essential to the Separation of Powers, as it provides the Executive branch with confidentiality. US v. Nixon - The Supreme Court validated the existence of executive privilege, but denied Nixon’s claim that it enabled him to withhold evidence in his impeachment trial. In other words: US v. Nixon limited executive privilege TYPES OF VETOES * * * No longer part of the political system The President has the power to Appoint Judges, Ambassadors, Generals and top level Bureaucrats Presidential Appointments must be approved by 2/3 of the Senate, but do not often meet Congressional resistance. The president relies on the Attorney General and the Department of Justice to propose nominees for judgeships. The Senate often defers to the Senators from the concerned district when voting on appointments to a federal court district. This is called Senatorial Courtesy. PAGE 1

20. The Vice Presidency OFFICIAL POWERS OF THE VICE PRESIDENT The Vice President presides over the Senate The Vice President MAY NOT participate in Senate debates The Vice President can cast a tiebreaking vote in the Senate, but he may only vote in the affirmative. The Vice President has no other official duties. ABOUT THE VICE PRESIDENCY QUALIFICATIONS: VICE PRESIDENTS MAY NOT BE RESIDENTS OF THE SAME STATE AS THE PRESIDENT. THE VP MUST ALSO BE ELIGIBLE FOR THE PRESIDENCY (35 YRS OLD, NATURAL BORN CITIZENSHIP, 14 YRS IN THE US) SUCCESSION: IF A PRESIDENT IS UNABLE TO SERVE DUE TO ILLNESS, DEATH, RESIGNATION OR IMPEACHMENT, THE VICE PRESIDENT SERVES THE REMAINDER OF THE TERM AS PRESIDENT. CHARACTERISTICS: VICE PRESIDENTS ARE RARELY SELECTED FOR THEIR LEADERSHIP. THEY ARE SELECTED TO ADD BALANCE TO THE TICKET. (A MODERATE MAY CHOOSE A CONSERVATIVE RUNNING MATE OR ONE FROM A SWING STATE). CONTRARY TO POPULAR BELIEF, THE PRESIDENT DOES NOT OFTEN CONSULT WITH THE VICE PRESIDENT. SOME PRESIDENTS DID NOT EVEN SPEAK TO THEIR VP’S AFTER THE ELECTION WAS OVER. OTHER PRESIDENTS INVITE VP’S TO CABINET MEETINGS. PAGE 1

21. Trends in Presidential History • Most presidents are either Senators or Governors before winning the White House. • 43 of 44 Presidents have been Christian. (JFK was Catholic) • 43 of 44 Presidents have been white. (Obama is African American) • The president typically gains power during times of national crisis (war, depression, disaster, etc.) • The president typically loses power in times of peace and prosperity. • The president (along with the VP) is the ONLY member of the executive branch that is elected. • Lincoln, FDR and Reagan were most influential in increasing presidential power. • When our country is suffering, the public blames the president more than Congress. • When our country is thriving, the president gets the majority of the credit. PAGE 1

22. Judiciary – An overview The role of the Judicial Branch is to punish those who violate federal law and to evaluate the actions of the Legislative and Executive Branches in the light of the Constitution JUDICIARY BRANCH • Only the Supreme Court is specifically organized by the Constitution. • Congress is given the power to set up a federal judiciary (all courts under Supreme Court) • Federal Judges are appointed for life terms by the President. They must be confirmed by a simple majority of the Senate. (60% to avoid filibuster) • Life terms with high and constant salaries were designed to insulate the court from political influence and bribery. • Only one president ever served on the Supreme Court (Taft) • The Federal Courts provide a crucial check on Executive and Legislative power. PAGE 1

23. Structure of Court System Court Structure: Both the 13 Appellate and 94 District Courts are based on Geographic Districts. When a litigant loses a case at the district level, he or she can appeal to the Court of Appeals (Appellate Level) When a litigant loses an appellate court case, he or she can appeal to the Supreme Court. The Supreme Court DOES NOT have to hear the case. They can choose their caseload. Based on the “RULE OF FOUR”. (If 4 of 9 justices wish to hear a case, that case is added to the docket) The Supreme Court’s decision is final, but it has been known to reverse decisions. (Ex: Plessey v. Ferguson reversed by Brown v. Board of Education) Supreme Court Justices are technically impeachable, though proceedings are extremely rare. Appellate Districts PAGE 1

24. Supreme Court Structure Since 1869, the number of Supreme Court Justices has been set at 9. The Supreme Court contains an odd number of justices to reduce the number of deadlocked decisions. If a Supreme Court Justice dies or retires, he or she is replaced immediately. APPOINTMENT PROCESS for FEDERAL JUDGES Attorney General If Senate Rejects Nominee, the process starts over. Advises The Senate President Sends Nominee To If Senate Confirms Nominee… Supreme Court NOTE: When confirming District Level Justices, The Senate uses SENTORIAL COURTESY. All Senators will defer to the Senators from the concerned district.

25. Judicial Review , Judicial Activism and Judicial Restraint Recently the Supreme Court has been trending toward Judicial Activism. PAGE 1

26. Landmark Cases 1 of 3 Baker v. Carr (1962) Guaranty Clause does not prevent courts from having the right to determine whether state legislative apportionment violates citizens' 14th A. rights Barron v. Baltimore (1883) Bill of Rights does not apply to the states [note the date of the case] Bob Jones University v. US (1983) the Government's fundamental, overriding interest in eradicating racial discrimination in education substantially outweighs whatever burden denial of tax benefits places on the exercise of religious beliefs (the university was denied tax-exempt status because it discriminates racially) Brandenburg v. Ohio (1969) speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take action Brown v. Board of Education (1954, 1955) Overturned Plessy case.  Racially segregated public facilities are unconstitutional Buckley v. Valeo (1976) Upheld FECA's limitations placed on campaign contributions but protected independent political expenditures as free speech. Clinton v. City of New York (1998) Line Item veto declared unconstitutional on the grounds that it gave legislative powers to the president. Engle v. Vitale (1962) prayer in public schools prohibited by First Amendment (which was made applicable to the states under the 14th A.) Escovedov. Illinois (1964)  Exclusionary rule case.  Courts can't use evidence obtained from a suspect who has been denied opportunity to consult with counsel and has not been warned of his constitutional right to keep silent, because his 5th, 6th, and 14th A. rights have been violated Gibbons v. Ogden (1824) Steamboats on the Hudson River. The Constitution give the Federal Government power to regulate commerce.  Opened door to the use of the commerce clause to control states. Gideon v. Wainwright (1963) The state's refusal to appoint counsel for an indigent accused of non-capital felony violated due process clause . Gitlowv. New York (1925) Supreme Court held that freedom of speech and of the press were among the "fundamental personal rights" protected by the due-process clause of the 14th A. from infringements by state (as well as federal) action.  This case allowed the incorporation of the Bill of Rights to apply to State governments as well as the national government. Griswold v. Connecticut (1965) a Connecticut statute forbidding use of contraceptives violates the right of marital privacy which is within the penumbra of specific guarantees of the Bill of Rights Halzewood School District v. Kuhlmeier (1988) Freedom of the press is different for students. Principles can censor school newspapers.   PAGE 1

27. Landmark Cases 2 of 3 Heart of Atlanta Motel v. US (1964) Congress has the right the prohibit racial discrimination in places of public accommodation through the Commerce Clause because the interstate movement of people is "commerce." Even if the public accommodation is of a purely "local" character, Congress' power to regulate interstate commerce extends to local incidents thereof which might have a substantial and harmful effect on that commerce INS v. Chadha(1983) The legislative veto is unconstitutional Korematsuv. US  California was right to intern Japanese-Americans in camps during crisis of World War II Lau v. Nichols (1974) the failure of San Francisco schools to provide English-language instruction to approximately 1,800 students of Chinese ancestry who do not speak English, or to provide them with other adequate instructional procedures, denies them a meaningful opportunity to participate in the public education program, and thus violates the Civil Rights Act of 1964 and the 14th A. Lemon v. Kurtzman (1971) Concerns aid to sectarian schools; Lemon test created to interpret the establishment clause. Mappv. Ohio (1961)  Began exclusionary rule.  Courts cannot use evidence attained by police illegally. Marburyv. Madison (1803) established the "very essence of judicial duty" is deciding what laws conform to the Constitution -- ("Judicial Review") McCulloch v. Maryland (1819) U.S. Constitution is "the supreme law of the land." This case began the process of expanding the power of the federal government through the necessary and proper clause.  (Implied powers; since Congress has the power to tax and spend, the creation of a nation bank is implied (necessary and proper) to that end.) Miranda v. Arizona (1966) criminal suspect's rights include being informed of rights to counsel and to remain silent Miller v. California (1973) A first amendment case. The Court defined obscenity. To be obscene, the work, taken as a whole, must be judged by "the average person applying contemporary community standards" to appeal to the "prurient interest" or to depict "in a patently offensive way, sexual conduct specifically defined by applicable state law" and to lack "serious literary, artistic, political, or scientific value." Miller v. Johnson (1995) States cannot draw congressional districts in which race is the primary consideration. Near v. Minnesota (1931) Court would not allow prior restraint on the press New York Times v. Sullivan (1964) A state cannot, under the 1st and 14th Amendments, award [libel] damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice" - that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false New York Times Co. v. US (1971) "Pentagon Papers" case decided Nixon's attempted "prior restraint" was unconstitutional interference w/ press freedom. Plessyv. Ferguson (1896) upheld racial discrimination: "separate but equal" Roe v. Wade (1973) Certain state criminal abortion laws involve the Due Process clause of the 14th Amendment, which protects against state action the (impied) right to privacy in the Bill of Rights. Roth v. US (1957) obscene material is not protected by the 1st Amendment PAGE 1

28. Landmark Cases 3 of 3 San Antonio Independent School District v. Rodriguez (1972) Education is not within the limited category of rights recognized by the Supreme Court as guaranteed by the Constitution. Shaw v. Reno (1993) North Carolina congressional district 12 was an unacceptable form of racial gerrymandering.  This ruling was better defined in Miller v. Johnson. Schenckv. US (1919) The Supreme Court (in a unanimous opinion by Justice Oliver Wendell Holmes) announced the "clear-and-present-danger test": whether the words used as used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent (famous comment that the Constitution would not protect a person who falsely shouts fire in a theatre and starts a panic) Texas v. Johnson (1989) Flag burning case. State statutes against flag desecration are unconstitutional limits on freedom of speech. Symbolic speech is protected by the constitution. Tinker v. Des Moines Community School District (1969) Freedom of speech held to include students wearing black armbands at school to protest the Vietnam War. US v. Nixon (1974) Limited executive privilege.  Nixon had to turn over personal tapes relating to Watergate case. The president's confidentiality was subordinate to due process of law and the administration of criminal justice.  PAGE 1

29. Latin Legal Terms you NEED TO KNOW. PAGE 1

30. Bureaucracy – An Overview Bureaucracy: A large, complex organization of appointed officials responsible for forming and enforcing regulations, executing laws, regulations and public policy. KEY CHARACTERISTICS OF AMERICAN BUREAUCRACY: Hierarchical Authority Structure: The Bureaucracy is organized into levels. The highest level is the Cabinet. The lowest level is bureaucrats that work with the public directly. Task Specialization: Individual bureaucrats have specialized jobs and long tenures. Labor is divided among many people. Extensive Rules: Bureaucrats operate inside a complex and extensive set of rules that govern what they can and cannot do. Merit System: Vast majority of bureaucratic jobs are awarded based on merit. These bureaucrats are not judged on personality, but solely on productivity. Multiple Accountability: The Bureaucracy has to answer to both the President and Congress. The President appoints and organizes while Congress funds. What do Bureaucrats Do? Implement Policy: Bureaucratic Agencies develop rules and procedures to meet policy goals Regulate Business: Bureaucratic Agencies regulate private business Discretionary Action: Bureaucratic Agencies have a certain degree of freedom in HOW they implement policy, based on their expertise. The Bureaucracy takes orders from the President and is held Accountable by Congress through Congressional Oversight. PAGE 1

31. Types of Bureaucratic Agencies How closely are they supervised by the White House? Cabinet Department : CLOSELY SUPERVISED Independent Regulatory Agency MODERTATELY SUPERVISED Government Corporation LOOSELY SUPERVISED Independent Executive Agency BARELY SUPERVISED REMEMBER! Independent Executive Agencies are INDEPENDENT of the EXECUTIVE. PAGE 1

32. Iron Triangles Also known as Sub Governments, IRON TRIANGLES are alliances between legislators, regulators and interest groups to make or preserve policies that promote their common interests. CHARACTERISTICS OF IRON TRIANGLES: They are IRON! Cooperation between these three entities is extremely hard to break. They are more effective when dealing with low visibility, low interest issues. They are where much of the “real work” is done when policy is being written and implemented. They are valuable for writing policy where rare expertise and research are needed. PAGE 1

33. Issue Networks Issue Network Iron Triangle ISSUE NETWORKS develop when many competing interests (including the media) enter the debate, slowing the policy making process and derailing the iron triangle Goal Of Policy Formation Examples of Iron Triangle Issues: Increasing a corn subsidy for Midwestern farmers. Relaxing federal regulation on elevator manufacturing. Maintaining a tax loophole for a corporation. Examples of Issue Networks: Both Pro Life and Pro Choice groups interact with Congress, the President the Media and Courts to attempt to sway abortion policy in their favor. Environmental groups and oil companies grapple over environmental policy in the media. PAGE 1

34. Public Opinion of the Bureaucracy CREDITS: Stability: The Bureaucracy remains a constant when elections change our leaders Expertise: Whereas elected officials often lose their jobs, appointed bureaucrats can gain decades of experience at a job. Diversity and Equality of Employment: Since the majority of jobs are based on merit, there are fewer obstacles for female and minority bureaucrats Purposefully Slow: The bureaucracy falls in line with the American philosophy of separation of powers and “slow moving government. CRITICISIMS: Red Tape: Bureaucracies often have overwhelming rules and regulations that are difficult to navigate Conflict: Competing agencies often work toward opposite goals Duplication: Agencies appear to do the same things. Unchecked Growth Agencies expand at high costs. Lack of accountability: difficult in firing an incompetent bureaucrat. WASTE “Peter Principle” The public’s opinion of the bureaucracy as a whole is generally NEGATIVE. The public’s opinion of “street level” bureaucrats with whom they have interacted is generally POSITIVE . People like bureaucrats and hate bureaucracy. PAGE 1