AP Politics & Government Notes.docx



ObscenityNovember 20, 2012Hicklin Test (Regina v. Hicklin)---check on the weak minded---”Isolated passages”People1-Constock Statue-ex. Carrie Grant was a little too obscend-no contraceptives,no certain movies,couldnt talk about certain thingsLiteratureFanny Hill-Memoirs of a woman of pleasure“Can the weak-minded not sustained?” NOChallenge was that this book has literary value and must be taken as a wholeCourt Cases1) Ross v. U.S.-If its obscene it is not protected speech-Hicklin test had to go,uses an average person2) Miller V. California-Average person,contemporary community standards-work as a whole-explicit conduct defined illegal by state law-Work lacks serious literay,artisitic,political or scientifc value~Legal Alternatives to Obscenity ProsecutionsBroadcast change things-Howard Stern “The Jerker” - “Bubba the Love Sponge”--Not saying the word doesnt mean youre not saying the word1.Cable Television2.TelephonseDial-A-Porn(1-900)3. Internet-unwavering in access to the internetTimelineFirst Hicklin Test (1857) -if its tempting to the weak-mindedand one sentence can be tempting for it ot fail1st Change+ Look at the work as a whole2nd ChangeRoss+Average personMiller V. California (1973) Sexual Conduct is defined with Miler(1974)-representations or descriptions-Drawing,pictures and animation-Excretory functions?National Standarad (1987)Economic Policy MakingDecemeber 3, 2012Two major worries regarding the us economy1)Unemplyoment*7.8-8.0%2)Inflation-CPI (Consumer Price Index0*2-3%Instruments for Controlling the EcononmyLaissex-Faire-Stay out of itBefore the Depression this was the type of Economic SystemThis principle is largely gone-most important tool by Gov’t to manage is monetary policyFiscal Policy ( before 1928) Laissez-faireGreat Depression (1930)Then after Depression Fiscal Policy--Budgeting of money (keynes (ian) economics)1)tax2)Spend1980s( Monetary Policy)Supply of MoneyGoals1)Encourage growth 2)restrain inflationIf it grows to fast prices get out of control,grow econonmy slowlyIt has to do with interest rates that consituents payThe Federal Reserve SystemInteneded to be beyond the control of the president and congrssregulate the money supplyGov’t agency that is not under any branch-Board appointed by the President and Confirmed by the SenateA. How the Fed worksMonetary PolicyFederal Open Market Committee-They set the federal funds rate (Amount that back charge banks for overnight loans)-Purchases and sales bondsB. Fed influence on State Economy(Japan and China share foreign debt)Fiscal Policy (1930-1980)-How much money you have in the system-Congress and the preseident shape fiscal policy3 Things to drive economy:-Tax,Spend,Borrow-Big Gov’t Keynesian Economics Theory (Demand Side)John Maynard Keynes-When Buss. slows, Govt picks it up-Used until the Regean EraTrickle Down Economics (Supply Side Economics)-Key task for Gov’t ecnonmic Policy is to stimulate the supply of goods,not their demand-”Gov’t curtails growth” “Gov’t uses up too much of GDP”Obstacles to Controlling the Economy1)“Political business Cycle”Gov’t makes economic policy slowly2) “Uncontrollable spending” is payment on the debt and your payments of social security and reitrement3) Private Sector dominates the US economyEcononmic Interest Groups1) Business2) Consumers3) LaborBusiness and Public Policy Regulations:-Business PracticesSecurity and Exchange Commission-Prevents security fraud and business fraud (stocks)Anti-Trust Policies-Prevent MonopoliesSubsidies-Federal Gov’t is number one source of researchDepartment of Commerce-Small business loansConsumer PolicyUse to be “Buyer Beware”1906-Food and Drug Act -no impure drugs and food -Created Food and Drug AdministrationRalph Nader-Pinto would blow up if hit in the back,Ralph exposed thisConsumer Protection Act- Tells interest rates on credits card and borrwoing money EXCEPT Loans with 800-1000% interest --indian reservationsLaborWagner Act-Collective BargainingTaft-Hartley Act- Right to Halt Strikes“Free-Rider”- All teachers benefit from the Unions although all are not a partex. Minmum WageUnemploymentWeekends offLiberal v. ConservativesLiberals-More regulation, What can Gov’t do?Conservatives-Less regulation,What Gov’t does wrong?Social Welfare Policy12-6-2012-Social Welfare policies attempt to procvde assistance and support to specific groups in society-You have welfare because of the vast differences in wealth and income Income Disparity is why we have Social Welfare diparitySocial Welfare Debate-Medicare-Poor then you are provided Medicare (Older People)Entitlements-Given something by the GovernmentMeans Tested-Meet requirements to get it (ie. food stamps,disab.) Income,Poverty, and Public PolicyIncome Distribution- Describes the share of national income earned by various groups in the United StatesIncome-Amount collected Wealth-Amount already owned the more you make the higher the percentage they take-In the Social Welfare Policy Arena are often quite unequal in terms of political resources-Not many resources needed to wield significant influence-Resources means more success in protecting and expanding their programs-Elderly are most powerful welfare recipients-For the poor,influening political decisions is more difficult-Poor are not as organized-Although governement benefits are difficult to enact the nature of democratic politics makes it difficult to withdraw once they are esablished-Supportes expand programsHealthcare Policy12-10-2012-America has the most expensive healthcare system in the worldThree Reasons for High Cost of Healthcare1) Private insurance carriers the cost-no comp.2) New and expensive ways to solve healthcare issues3) Malpractice suits-some sues someone else for healthcare costsAmerica lags behind in...Life Expectancy&Infantality rate-Uneven Coverage, Uneven Care-Health insurance is linked to having a job-Race & IncomeManage CareHMO-Provide healthcare for a yearly fee, limits choice,private insurance (60 %)The Role of Goverment in Health Care-USA has smallesst role than in any other countryMedicare-Insurance for ElderlyMedicaid-Insurance for PoorPolitics of Healthcare-In the USA quality of Care takes back seat to technology-Leading Interest groups areMedical ProfessionElderlyBusinessInsurance CompaniesPolicymaking for Health Care-Clinton Healthcare plan-it died in congress and never got off the ground-The Health Policy issues ahead--People want reform--Main concerns are access and costsooo....Affordable Healthcare Reform ActEnvironemental Policy-Passed by Congress and filed with the Environmental Protection AgencyCRS,CSS,CBO3 big Acts1) Clean Air Act2) Water Pollution Control3) Wilderness Preservation Act-national parks and national forests-Endangered Species Act-Protects species listed as endangeredThe American GovernmentPolicymaking System1-3-2013The Political Disengagment of College Students-1972 fall--end of vietnam/end of draft-2001 fall---beginning of Iraq-War being about mroe investment by college studentsAge and Political Knowledge-Since the 1960s it has gone down dramaticallyReason Why shift in education- ‘ 60s Government classes prevalent -’ 00 Math and SciencePresidential Election TurnoutPlummeted for under 25 and moderate increases with 65Spike in 2008 w/ Obama ElectionReasons Why? Student LoansJob concern Decrease in 92? Younger people appeal spikedGovernment is the institution and processes through which we administer lawsPolitics is the process by which we select our leaders ‘Who get what, when and how’ -LasswellThe Policymaking SystemI. People/citizes-Have a Problem/ConcernII.Linkage Institution-Goes from the Person with the problem to a way of coming up with an agenda1. Politcal Parties2. Interest Groups3. Media4. Elections- Recall -Referendum -Initiative III. Policy Agenda-The BIG picture of everything we want to get done-how we are going to consider something and what we are going to doex. Rum producers get huge tax benefit Lobbyist and then Congressman then bill then lawPolitical Issues-These arise when people disagree about a problem and how to fix itIV. Policymaking Instituion1. Legislature*2. Executive*3. Courts* (Federal and State) (review of constitutions)4. Bureacracy* (Federal and State)* not exact same as the 3 branches of Gov’t Exactly (state house or commisioner)-Interpret rules-President can implement by Executive OrderV. Becomes a Policy-Money- that the government spends-Taxes-money received-Laws-Regulations-how an agency is going to run itself-=Budgetary choices are made at the Legislative Level-Statutes are decrees by the POTUS-Non-Decisions-decided not to do anythingVocabLaws- Codified by legislating bodyRegulations- binding rules by non-elected officialsVI. Impact on People-Interests (something that won’t impact you)-Problems (impact you directly)-Concerns (might affect you)Types of Policies1. Statute-Law2. Presidential Action-Invade Iraq3. Court Decision-Decision by Supreme Court or another Court4. Budgetary Choices-You need to pay more or pay less5. Regulation-ex. FDA approves drugsPolicy Impacts--Does is solve a problem?Did it create more problems?Democracy-System of selecting policy makers-Represents and responds to the Public-America is not a Direct Drmocracy-Equality in voting- 1 man 1 vote-Effective participation-Voter Efficacies-Enlightened understanding-understand why you’re going to the polls-Citizen control of the agenda not the illumniada or the Jews or Arabs- Trilateral Commision-InclusionPart of the process, everyone is includedMain words,High Lights and sentences4 or 5 pagesTheories of Deomocracy1-4-20131. Pluralist Theory-Groups interacting-Group has a problem and another group has a problem and they compete to solve it -Public interest results2. Elite and Class Theory-Societies are divided -Not all groups are equal-Policies benefit money and powerElite posses more wealth and power3. Hyperpluralism-too many people with hands in the pot-can’t get anything done-Confusing and contradictory policiesEx. Paying tobacco growers subsidized to keep prices up. Gov’t spends money for people to stop smokingChallenges to Deomocracy1. Limited Participation in Government2. Escalating Campaign Costs3.Diverse Political Interests (Policy Gridlocks)American Individualism-Individuals should be left on their own by Gov’tValued in Limited Gov’t and Free MarketThe Agenda in PhiladelphiaWrit of Habeas Corpus (body)- must be reason to take your freedomEx post Facto Laws( after the fact) -A part of Individual lawsReligious qualifications for holding office prohibitedStrict rules for conviction of treasonRight to Trial by Jury(Grand Jury decides if you’re on the Jury) 1-10-2013Federalist PapersThe Secondary Solution:Federalism provide “Double Security”“The Power by the people is first divided between two distict governments”A “compound Republic” leads to “dual allegiance”Your belonging to something can be a bad thingThe problem...Humans are dangerous,majority rule,government gets its power from the peoplepeople also give their power to the government1-Gov’t should protect liberty (Everyone)2-Achieves Justice (Tyranny)3- Serves the Public Good/BenevolentThe solution...Ratify the Constitution-This never existed before --created a large republic--created a system of checks and balances1 and 2 - Be with them or Be without themThe Roots of the Federal System1-10-2013Arguments for federalism1-Prevention of Tyranny2-Increased participation in politics3-use states as testing grounds for policies-Wanted ot create political system half way between the AOC and the British tyrannyFederalism-Political system where power is dvivided between the national/central government and the states in order to limit the power of governmentFederal System- Authority from the peopleUnitary System-People give power to Central Government Central government gives power to statesConfederation-Central Governent derives authority from statesU.S. Government-1State Governments-50Local Governments-87,453Powers of the Government in Gov’t in the Fed SystemExclusive Powers-belings to one personShared Powers/Concurrent- together/happening at the same timeDenied Powers-Enumerated Powers- written in the Consti.Implied Powers- Must have,kinda knowImplied/Elastic Powers-Neccessary and Proper -Used to expand powers of GovernmentState Powers10th Amendment “reserve or police powers”-murder someone in TN (except hate crime) the FBI has nothing to do with it-Make and enforce PowersContinued Powers of Federal Governement1-11-2013Denied Powers-Article I, Section 9 are powers denied by Central Gov’t-Article I, Section 10 lays out the powers to the statesex. treaties,alliance,confederations ,no war, no monies, no preferenceNational PowersMoneyArmy NavyWarFederal Courts Concurrent PowersGeneral WelfareTake Private PropoertyTaxBorrow MoneyState PowersSet time,and manner of electionsRegulate Commerce within the stateTake measures for public health and wholenessRelations among StatesArticle IV---states must give “full faith and credit” to each others lawsStates are required to extradite criminals if asked by another stateStates recognize drivers,marriage license and custody rules SORTA-some cases they dntChanges of the Federal System-only had power over interational fieldMcCollock v. Maryland (1819)has right to rule on the way state laws are handlesNational Bank-Control and owned by the Fed. GovernmentRuling:1) power to tax= power to destroy2)Neccessary and Proper-States could stop the Gov’t from doing what it needs to doGibbons v. Ogden (1824)Federal Laws overrule State laws in relation to interstate commerceDred Scott v. Sandford (1857)Flashback-Korematsu--Japanese Americans put in con concentraion camp and their kids put together to go to war....SCOTUS,POTUS and Legislative Branch should never all agree=BADGovernment 1-16-2013State Budgetary Constraintsrecessions and constitutional requirement to balance budgetBlock GrantsDevolution- delegation of power and responsibility Contract with America- shift responsibilities to states: Unfunded mandates reform act of 1995Federalism and the Supreme Court---Most Americans think the Federal Gov’t is too Big, strong and distant (2008)-SCOTUS interpreted new form = Abortion-states can say how they are administered -right to privacy in medical matters-extended beyond the equal protection clause-=Environment=Gun ControlRehniquist CourtReinterpreting Federalism-Most decisions (5-4)U.S v. Lopez-regulatng guns (1995)Federalism is an important concept of the American System of govenrment meant to limit the power of the national government-the notion of federalism has changed drastically since the new deal in th 30-in the 60 and 70 the scope of the federal domestic polcies and porgrams increase steadily-in the 80s reagan began the roll back of federal funding for states and other programsin the mid 90 republican congress promised to replace the size and scope of the natl govt and reutrn power to the states--how the fedl govt used funding to influence federal limits60s and 70scategorical--with contengiecies80sblock grants for general ideas80-90 3 major issues1-recession2-states poor3-unfunded mandates4-revenue sharing and matching funds5-Block Grants Mass Media1/17/2013Primer:FAU to Newtown MassacrePublic Opinion:-the distribution of the population’s belieds about politics and polict issuesDemography:the science of population changesCensus:-Every 10 years-Understand population changesThe Immigrant Society:-The United States is a nation of immigrants - Waves of Immigration--Northwestern Europeans (late 19th century)---Southern and Eastern Europeans ( late 19th early 20th)----Hispanics and Asians ( late 20th century)Minority majorty:the emergence of a non-caucasian majorityBarriers to Melting pot:-African Americans face an automatic problemPolicy Making 1. PeopleLinkagePolicy AgendaPolicymaking institutionPolicy making__PeopleWhat effects people’s beliefs?1-24-2013Role of the Family-Dads have most influence-Younger voters tend to be more independent60% of children still follow their parentsParty Identification is usually absorbed although the child become a more independent thinker over timeClear political ideologies are only passed on in a few familiesThe Gender Gap-Difference between men and women-They have different views on what they think is important-Women tend not to support war and are more haertha and homey-Women-Dems Men-Reps.Schooling and InformationEducation is a liberalizing effectParty Functions1-28-20131) Organize the competetion2) Unify the electorate3) Organize the gov’t4) Turn Platform into Policy-1971 Republicans were about Environmental Conservation5) Provide loyal oppositionCaucus- earliest method used-nominate candidates-most municipalities wins nominations“more control”Primaries- Party Mmebers vote independently for nominee1. Open Primary-Anyone can vote for any party2. Closed Primary- Only party members can vote3. Blanket Primary- Can vote for some dems and some republicans-----Unconstitutional“less-control”Two-Party-more stable,winner take all, more centristMulti-Party- More unstable, proportional representation, more extreme3rd Party- Ideological ones tend to last (Green, Libetarian)Individual centeredObstacles to 3rd1. two party tradition2. Congressional elections- winner take all instead of proportional representation3. Electoral College- winner take all system4. Lack of Money5. Excluded from debates6. Signatures on the ballotSingle member distrcict-2Political Parties, Interest Groups , and PACs1-29-2013-Few political acts are the work of a single person-Most politically active people workin within groups to achieve common political goals-They are: political parties, interest groups, and PACsPoltical Parties -Are not in constituion-Framers opposed but always exists1) Grass root members2) Activists3) Leadership-Party ChairpeopleThird Parties-Someone not happy with 2 bigDoctrinal parties (socialist and Libetarian)Single Issue Party-One issue only-Prohibition-temperance-They fail because of single membered districts -Can’t muster up enough supportIdeological Party-broad range of issues and topics-Libetarians-SocialistMajor Subdivision of Political Parties1) Party Among Electorate2) The party in Government3) The party organizationPolitical Parties:RecruitEducate cotersProvide campaign fundsPrimary Purpose of parties?.-recruit and nominate partiesDescribe two type of minor partiesCoalition-A group of people who do not hold the same interests-diverse group of people under one coalitionincumbantVoter Turnout1- Proportion of the registered voters that actually voted in agiven election2- Percentage of the eligible voters that votePolitical Machines-Local party organization that is tightly disciplined and well staffed and relies on patronage to create loyalty-characterized by great party organization and high degree of leadership control over member activity-Highly organizedTicket Splitting-vote strict party line for president and for local you vote democraticsThird parties“They Ain’t Got a Chance”-5%-More successful in states -Third parties recive great ateention but in gace “have not assumed the importance that all academic attenion on them”-Third parties are Spoilers-8 have ever one an electoral vote and only 5 have won more than 10%Sectional PartiesDixiecrat (1948)-only wanted to win the south-defined by their regionEconomic Protest Parties-Populist party-Gov’ts protection from the elitesIdeology Parties-Socialist-Communist-Libetarian Party (stay out of ppls buss.)Charismatic Personality-Progressive Bull Moose Party (1912)-popularity of individual./stops when its overSpecific or single issue partiesProhibition Party in 1892-issue is resolved so they don’t keep existing -tiems change with issuesFactional Parties-Split off from host partyex. George Wallace (American Independent party)-----Southern Base-------Anti-Civil Rights---------Won 13% of pop vote and 46 electoral votesPurpose of 3rd parties:-Push things into the agenda-rarely for a party to replace another party wigs and reps.-Major parties take on agendas of the 3rd-Once the 3rd parties issue is in the agenda they’re absorbed into the partyex. dixiercrats-Repsex. Populist-Dems.Why interest Groups Form-Social issues such as industrialization urbanization immigration and government responses-Responses to Governement action-Technological(PACs-Move )-They try to achieve some of their goals wit gov’t assistancelobbying-direct or indirect contact w/ officialsBIG**LATER NRA PUSHPromote political goals ex. moral majority ex. save the whalesFor economic benefits and social reasons ex. advocating for school lunches ex. protect for gay rightsMonetary or other benefits ex.AARPWhich People Join-People with higher incomes and education are most likely to join interest groups-membership is professionaly managed-the loss of close personal relationship indicates trust among citizns is in decline and in the now the numbers of participation increased b/c of the internetTypes of Interest Groups-PACs.- groups that raise money from the membership which has no say in how contributions are spentPrivate Interest Groups-Groups that seek economic benefits for members or clients:Business Groups-which seek regulation of wages,safety standards and types of monopolistic practices-Generally successful in getting their agenda passed as politicians do not want to be blamed for economic failure(IRON TRIANGLE)Labor groups- democratic and weakened,organized for low-wage sectors-Mexica/Latino group is growingAgriculture-groups that involve agricultural interest by both general and specialized groups and includes:farm bureauthe national farmer’s unionamerican agricultural movement--Members often join these interest groups to change the blancce to different interestsMultiple-Issue Groupswide foucsmany issues-Old-Young-Envrionmental-ReligiousSingle-Issued Groups-The NRA-National Rigt to LifeMinor parties-Party Platform reflects the coalition that the party is built from-(coalitions)Campaigns and Elections2-4-2013General Election-even numbered years on Tuesday after the first Monday in NovemberSpecial Election- at state and local level when voters decide on issuesTypes of Ballots-Everyone uses same ballot in National Election-Secret Ballot and the Gov’t counts the votes (Austrailian Ballot)Questions arise about the way they are counted (Electronic)Conducting Elections and Counting Votes-A loal gov’t such as cities are divided into smaller districts called precinctsPoll Watchers-Volunteers for candidates and parties to make sure the election is being run fairlyPresidential Elections and the Electoral College-You vote for some to vote for the President-Senators + House of Reps = Electoral Votes- Largest populace vote gets all the votes = Winner-Take-All System270 Electoral Votes to win-CacusesThe Party nominating Convention-Delegates go and they vote-Parties use to decideDirect Primary-You pass vote for a candidateIndirect - You vote for a delegate who votes for the cadidate you pickedPresidential Primaries-Most states hold presidential primaries beginning early in the election year-Some state delegates are chosen through caucus system-Iowa is an early caucus state and New Hampshire traditionally 1st primaryPriamries and the Rush to be first-Southern states got together and decided to create Super Tuesday (1988)- Nothing really changed-”front-loading” primaries has gained momentum over the last decade (February 5)-National parties don’t want any dominance because it would skew the party too far...keep small states upfront and not upload a regionCaucusesmeet at county and district---only level twelve state still use theseNational Party Conventions-unique to Western Deomocracies-Adopt Platform which guide into the Policy Agenda-Conventions are highly staged eventsResponsibilites of the Campaign Staff-Raise Funds-Coverage-Produce and pay for political ads-Convey the issues/positions-Get the voters to the pollsThe Professional Campaign Organization-Political party managing campaigns has declined -Political Consultants-manage nearly aspects of a presidential candidate’s campaignMadison saw factions as BadThe best reason to why we don’t want to have too much energy is because we cut back on carbon emissions its because Article II February 11, 2013The President and the Vice presidentTerm of Office-The president enforces the laws passed by CongressTerm = 4 years12th linked the POTUS and VOTUS together (rise of parties)22nd linked limits to termsHouse selects president and Senate selects vice PresidentDate of ElectionsThe first Tuesday after the 1st month in November:: General Election : 2012/2016/2020Midterm: 2010/2014/2018Requirements to be Potus1) 352)14 years---------live in US3) citizen for 7---------Citizen for 14 yrsLine of Succession- comes from 25th amendment...the dooms day amendmentVP, SPKR,Pres. Protempore, SOS--> DHS1) Kennedy and Johnson 400,000/yr120,000/entertainment living accomadations Airforce one 1600 Penn AVE...Presidential Limonot being illegal-decriminalized The Presidency2/13/2013Constituional Role of the PresidentChief Executive--ultimate decision maker of exectuive branch-Faithfully full the duties of the Constitutionex. Harry Truman- the buck stops hereChief Adminsitrator-chooses people in his administrationChief of State-Face of the Nation, Represents America around the world, formal representativeCommander-in-Chief of the Armed Forces-Controls the MilitaryChief Legislator-Ability to veto Chief Diplomat-Negotiates Treaties1824-Adams and Jackson Presidential race started the Chief Paty LeaderChief Citizen-advent of the Kennedy Presidency-Be the best citizen that you can be (TV) (birth of modern Media)Social Qualifications to be President-Be a natural-born citizen-Be at least 35 yrs old-Have lived in the US for 14 years60s......white, male, and protestant 2013....college graduate, post-graduate work, rich, christian22nd-term limitPays and Benefits for the President400,000k50k 132 room mansionHouse at Camp DavidPersonal PhotpgrapherFinest Health Care in the worldLifetime pension of the 143,000k and Secret Service foreverAmendment 25th---Line of Succession “Doomsday”Consitutional Roles of the Vice President-to preside over the Senate as the official president of the Senate-to help decide the issue of presidential disability as stated in the 35th Amendment-To act as president-in-waiting“President’s worker”What we want them to be -President’s should be strong great guysstrong-willed like Washington,Lincoln,Kennedy, Roosevelt-But not too much Power2 Presidents were impeached---Johnson and ClintonNational Security Powers-Makes Treaties-Ambassador to foregin country-Legislative Powers-State of the uNion-vetoJudicial Powers-laws to be faithfully executed-nominate officials with agreement of sentate- requesting info--adminstatorreccess appt. Chief admins. The Congress, The President, and the budget: The Politics of Taxing and Spending 2/14/2013Budget0 a policy document allocating burdens (taxes) and benefits (expenditures)Deficit- spending more than we take inExpenditure- What the government spends money onRevenues- Sources of money for the government* money comes from the individual departments.* Departments sent to Office of Management and budgetexpenditure-allocationrevenue =/ taxesdeficit/yrSources of Federal RevenueIncome Tax-shares of individual wages and corporate revenues-The 16th amendment permitted to levy an income tax-largest single revnue source for the government-Progressive tax- more you make the more you paySocial Insurance Taxes-- Additional taxes for specificfund: Social Securtiy and medicareSocial Security-SSI, OASDI--Source of federal revenue-Biggest outside revenue--bond--borrowing (domestic government)-National Debt increasing-Tax Loophole:tax break for a few people ex. stuff for classroom-Tax Expenditures:Revenue losses that result from special exemptions, exclusions, or deductions-Tax Reduction:General call to lower tax rate-Tax Reform:rewriting the taxes to change the rates and who pays them Federal ExpendituresBig Government, Big Budgets-Requires a lot of money0as size of govt increases so does its budgetThe Rise and Decline of the National Security State-In the 1950s and 1960s the DOD received more than half the federal budget- Defense now constitues about 1/6 of federal budget- One reason for growth of Govt was the Cold War- The Rise of the Social Statemost of our spending is income securitySSI/OASDIlonger you wait the better off you aremore moneuy being taken out than paid inExecutive Branch02-20-2013Write a narrative from the standpoint of an agency head settling a budgetPick an agency and use Real People and Terms...Use FRQ formatSteps/HintThese are the terms--agencies, OMB, Congress, appropriations, President, House, CBO, SenateIdentify describe and explain each stepOMB ----->(AGENCIES)If its a committee you must use the head of the committee-Agency interacts with ppl on the ground and they fall on the departmentDEAFBIINSCIAOMB-->Department---> AgencyStep One: What Department and Who's the head? and then who you are going to be6-appropite committe WHen Congrress receives they send it to the CBOExecutive BranchCabinetBuraeacriesMain Cabinets----------AGHOMELEANDSTATEDODBureaucries---------------- White Housr Staff-------------------------------Terms2/21/2013Ranking members- Most powerful membersRanking Minority Members- most ranked people not in controlAD HOC Committee- short term committe specific to one issueCaucus- group of congressman with shared interestsConcurrent Resolution- housr and Senate cover at the same timeAppropiations Bill-SpendingBicameral Congress- Upper house (Senate) and lower house (H.O.R.)Interworkings of Federal Gov’t:Checks and Balances & Separation of PowersSenate:-Most prestigious -Represent entire state-usually win but less often than the House-Continuous Body- 1/3 of the Senators are up for election every two years-Fewer Rules than that of the House--”Senatorial Courtesy”--Judgeship approved by Senator of State will be approved by the Senate-Seniority Rules-Considered undemocratic,malproportioned from each state ruleHouse of Representatives:-Less prestigious-2 yr terms: everyone up for reelction-650,000 ppl-435 members totalSalary:111th Congress pay is 174,000/yr-Office Space-Staff-Pension Plan-Franking privilege-”Mail”-Health Insurance-Restaurants-Fitness Center-Free ParkingApportinment and Redistricting-Census-Redistricting-One man, one vote (Carving out Districts is illegal) -Gerrymandering and is sometime struckdown by the courtsPowers of Congress:-Shared Powers-Constitutional-Spend,borrow,collect taxes-Older,Better educater,whiter and richer than most-Trustee-represnetatives use their own best judgement-Delegate-representatives vote the way their constituents want-Politico-Representatives act as a party memberSupreme Court/Judges3-19-2013Judicial Activism- Deciding a case based on what one believes to be the “Spirit” of the Constituion. Willing to overturn legislationJudicial Restraint-Deciding a case based on the “Letter” of the Constituion. Usually gives legislation the benefit of the doubt.Why do they give the doubt to the Legisalture?-Do not legislate from the bench.The Constitution----”Four Corners”McCullogh v. Maryland-State wanted to tax a national bank. Supreme court found states cannot tax federal government.-National Supremacy -Implied powersGibbons v. Ogden-Steam boat operator-In cases of interstate commerce the Federal Gov’t supersedesSchenk v. United States (1919)- Held that free speech could be limited if there was a clear and present danger that illegal action might result from speech-Conspiracy to violate 1917 Espionage Act by causing and attemptingto cause insubordination and obstruction of recruitment and elistment serviceI-Declaration of war suspends certain civil liberitiesBrown v. board of Education-Seperate but Equal Law overturned Plessy which eventually leads to all public places.-Civil Rights Movement-Bussing and Affirmative ActionNY Times v. United States (1971)-Pentagon Papers-Held that censorship was uncinstituitional unless you could prove serious and immediate harmReinforced 1st AmendmentImmediate harm to the nationUS. v. Nixon (1974)- established that Executive privilege in cases of military or naitonal security Executive privilege- conversations with DOJ and State Department can be said w/o Public knowledge except with concealment of a crimeAttorney-Client Privlege-Never tell anyone,anything except about what may happenDissenting Opion-Writign by justices who opose the majorityConcurring opinion- are written in support of the mahority but stress a different legal basisStare Decisis- to let the previous decision standPrecendents-How similar past cases were decidedOriginal Intent- the ideas that the Constituition should be viewed according to the original intent of the framerscImplementing Courts as Policymakers-must rely on courts to carry out decisions-interpreting population:understand the decision-implementing population: the people who need to carry out the decision may be in disagreement-Consumer Population- the people who are affected (or could be) by the decisionJustice John Marshall and the Growth of Judicial Review-Marbury v. Madisonformed Judicial Review-Judicial Review- courts determine constituionality of acts of Congress- The “Nine Old Men” switch in time and the new Deal-The Warren Court---Liberal (53-69)-Courts are known by their last nameMore than 100 federal laws have been found unconstitutional-Federal courts can overrule itselfJudicial implementation-effects everyone surronding it-Courts are democratic-Nearly impossible to remove themCivil Liberties-Personal rights and freedoms that cannot be abridges-limit the power of the government to restrain usex. limiting the size of sodas-positive acts by governments to protect against arbitrary or discrunatory action by government or individuals-those seeking equality have used the Constiution an dlitigation strategieex. protest,lobbying,civil disobedience, appeal to public opinion-Civil Rights Issue-A group is denied access to facilities, opportunities, or services avaible to other groupsrace or ethnicity,genderm sexual preference, age, and religion-The closest approach to a literal statement of equality is found in the 14thAmendments of Equal Protection Clause“ No states shall deny any person” Judiciable Issue of Civil Rights-issue is whether differences in treatment are “reasonable”-Some differences are reasonable-Some are not reasonable-Strict Scrutiny-Has to have a compelling interests to make this happen1.Rational Basis Test- Reasonable relationship to achieve a purpose3. Strict Scrutiny test- fundamental rights-state must show a compelling reason for the distinction as shownex. Showing IDis there a reasonable interests in the state showing that you have to show an idOrr v. Orr-ONly women eligible to alamony-not all equal protection-no reason why only gender should have alimony-Civil Rights-race,religion,national origin (Age,sexual orientation and disability status) = subject to strict scrutiny by the courts-NAACPStep 1--adress inequalities (1938-1948)Step 2--Separation casesStep 3--Separation is inherently inequal( Brown v. Board of Education)Brown V. Board-9-0- overturned Plessy-one of the 1st that relied on social scienceSegreagtion v. Integration-Swann v. Charlotte McKlenburg-they can have remedies to enforce desegreation-quotas,busing,gerrymadering-De jure-law-De Facto-social standard “fact”The Campaign for Civil Rights-sit-ins, voter registration, boycotts-Civil Disobendience brought attention to casesGender-Based Discrimination-Reasonableness standar v. strict scruntiny-Court choose a blend--more than reasonable but not as much as strict scrutiny-some separation is allowed by the courtSexual Harassment--Quid pro quo-sexual factos are required as a condition for holding a job or for promotion-strict liabilityHostile Environment- creating a setting in which harassment impairs a person’s ability to work; employers are liable if they were negligentPrivacy and Sex-regualting sexual matters is under the exercise of police powers-In 1965, Supreme Court could not prevent the sale of contraceptivesAffirmative Action-preferential hiring and admission practicies remedy discriminationConstruction v. Pena-any racial classification subject to strict scrutinyGays and the ConstitutionBowers v. Hardwick- GA was allowed to ban homosexual acitivityRomer v. Evans (1996)-illegal to protect persons based on gay,lesbian,or bisexial orientation: court overturns itLawrence v. Texas (2003)- overriden a Texas law bannning sexual contact b/w gaysCivil LibertiesCivil Liberties- extended from the BORConst and Bor contain competing interests...most common difference is b/w the concept of war...war has been the crisis that has most often restricted the liberty of ppl-civil rights more because of immigration14th Amendment-due process clause- no state shall deprive any person of life liberty or propoerty without due process of law-equal protection clause- no state shall deny any person within its jurisdiction equal protection of the alw-extending rights to the statesSupreme Court Cases-Gitlow-freespeech applies to states-Palko-certain rights must apply to states for ordered liberty---cases were the 14th clearly appliesSelective Incorporatsion-how the courts apply the 14th amendment, due process and equal protection of the statesLibel-lying on someoneobsccenity is based on community standards and purient interests Symbolic speech- if something is illegal but you vioalte the law saying it is free speech is forbidden-symbolic speech cannot be illegalFFree Exercise Clause-religious institutions are free from taxes-cannot impose restrictions on the participation of religion- the same thing that applus to symbolic speech “cant say a part of religion”-no laws can impose on religious institution but religious institutions are not out side the religion-Gov’t involvement in religious activites is constitional if it meetsecular purpose and no govt entangelment,neither effects religoinsExclusionary Rule-evidence gathered in a violation of the Const. cannot be used in a trial (Mapp v. Ohio)Search and Seizure-warrant-judge has to authorize it and and probable cause-court ruled that the dog being on the outside give the dog the ability to detect inside the house-miranda case-cannot confess to a crime unless informed of rights-US Patriot Act- increase feds pwr over terroism- ................
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