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AP® Instructor’s Manual
AMERICAN POLITICS TODAY
2018 AP® Redesign
WILLIAM T. BIANCO | DAVID T. CANON
James Wehrli
AMERICAN SCHOOL OF PARIS
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Contents
PREFACE V
Chapter 1: Understanding American Politics 1
Chapter 2: The Constitution and the Founding 8
Chapter 3: Federalism 17
Chapter 4: Civil Liberties 26
Chapter 5: Civil Rights 35
Chapter 6: Public Opinion 44
Chapter 7: The Media 51
Chapter 8: Political Parties 56
Chapter 9: Elections 64
Chapter 10: Interest Groups 73
Chapter 11: Congress 79
Chapter 12: The Presidency 88
Chapter 13: The Bureaucracy 94
Chapter 14: The Courts 101
Chapter 15: Economic Policy 109
Chapter 16: Social Policy 117
Chapter 17: Foreign Policy 123
Preface
THIS INSTRUCTOR’S MANUAL IS DESIGNED TO HELP INSTRUCTORS USING AMERICAN POLITICS TODAY TEACH THE CONTENT AND SKILLS REQUIRED FOR THE REDESIGNED AP® U.S. GOVERNMENT AND POLITICS COURSE AND PREPARE STUDENTS FOR THE EXAMINATION. THE SECTIONS DETAILED BELOW, INCLUDED FOR EACH CHAPTER, GUIDE TEACHERS IN STRUCTURING THEIR LESSONS, FOCUSING ON THE MOST IMPORTANT ELEMENTS OF THE CURRICULUM, WORKING THROUGH CHALLENGING MATERIAL, AND BRINGING THEIR STUDENTS TO SUCCESS.
OUTLINE
THIS OUTLINE IS DESIGNED TO HELP TEACHERS AND STUDENTS CONCENTRATE ON WHAT IS MOST IMPORTANT IN LIGHT OF THE FOCUS OF THE AP® U.S. GOVERNMENT AND POLITICS CURRICULUM FRAMEWORK—PARTICULARLY ENDURING UNDERSTANDING (EU) THEMES CITED IN BRACKETS. THOUGH IT IS UNCERTAIN WHAT EXACTLY WILL AND WILL NOT BE ASSESSED ON ANY YEAR’S EXAM, THIS OUTLINE WILL HELP YOU AS YOU DECIDE WHAT TO FOCUS ON IN DAILY LESSONS AND ASSESSMENTS.
IN-CLASS QUESTIONS AND WRITING PROMPTS
THE QUESTIONS IN THIS SECTION ARE INTENDED TO HELP THE STUDENTS GAIN A BETTER UNDERSTANDING OF THE TEXT. THE QUESTIONS CAN BE GIVEN BEFORE OR AFTER THE STUDENTS HAVE READ THE SECTIONS. THE QUESTIONS ARE STRUCTURED AS AP® FREE RESPONSE QUESTIONS, USING THE SAME TASK WORDS (FOR EXAMPLE, EXPLAIN, DESCRIBE, AND IDENTIFY). BECAUSE SOME QUESTIONS WILL REQUIRE THAT THE STUDENTS USE INFORMATION FROM OTHER CHAPTERS, IT IS RECOMMENDED THAT STUDENTS INITIALLY BE ALLOWED TO USE THEIR TEXTBOOKS TO ANSWER THESE QUESTIONS. SOME QUESTIONS COULD ALSO BE USED IN OTHER FORMS OF CLOSED-BOOK ASSESSMENTS. GIVEN THE AMOUNT OF MATERIAL COVERED IN THIS COURSE, THE QUESTIONS ARE PURPOSELY STRUCTURED SO THAT STUDENTS DO NOT HAVE TO GO BEYOND THEIR NOTES AND TEXTBOOK IN ORDER TO ANSWER THEM.
STUMBLING BLOCKS
ONE OF THE BIGGEST CHALLENGES FOR AP® U.S. GOVERNMENT AND POLITICS TEACHERS IS HELPING STUDENTS UNDERSTAND THAT POLITICAL ISSUES ARE COMPLICATED, THAT ISSUES ARE RARELY BLACK AND WHITE, AND THAT THERE ARE MANY SIDES TO UNDERSTANDING. IT IS ALSO IMPORTANT THAT STUDENTS UNDERSTAND THE DIFFERENCE BETWEEN UNDERSTANDING AN ISSUE OR CONCEPT AND AGREEING WITH IT. STUDENTS MIGHT COME TO THIS COURSE WITH STRONG BELIEFS, OR THEY MIGHT BE NOVICES. IN EITHER CASE, IT IS INCUMBENT ON THE AP® U.S. GOVERNMENT AND POLITICS STUDENT TO LEARN THE FACTS ON ALL SIDES OF THE ISSUES AND FORMULATE ARGUMENTS AND COUNTERARGUMENTS BASED ON THESE FACTS. IT IS IMPORTANT FOR STUDENTS TO REMEMBER THE OFT-QUOTED WORDS OF DANIEL PATRICK MOYNIHAN: “EVERYONE IS ENTITLED TO HIS OWN OPINION, BUT NOT HIS OWN FACTS.”
ESSENTIAL QUESTIONS AND OBJECTIVES
THESE QUESTIONS AND OBJECTIVES ARE BASED ON THE COURSE FRAMEWORK’S LEARNING OBJECTIVES AND ARE DESIGNED TO ASSESS STUDENTS’ GRASP ON THE DISCIPLINARY PRACTICES AND REASONING PROCESSES NECESSARY FOR SUCCESS ON THE AP® EXAM.
CLASS ACTIVITIES
THESE ACTIVITIES ARE DESIGNED TO GIVE STUDENTS THE OPPORTUNITY TO DEEPEN THEIR KNOWLEDGE OF THE CONTENT ALONGSIDE THEIR PEERS. TEACHERS CAN FACILITATE COLLABORATIVE REAL-WORLD CONTEXTS FOR POLITICAL ISSUES AND SCENARIOS THAT ENGAGE STUDENTS.
DISCUSSION QUESTIONS
THESE SECTION OFFERS ADDITIONAL DISCUSSION QUESTIONS THAT TEACHERS MAY USE TO SUPPLEMENT THE IN-CLASS CONVERSATION OR ESSAY WRITING.
VIDEO CLIPS
INCLUDED ARE LINKS TO RELEVANT VIDEOS THAT GIVE STUDENTS AN ADDITIONAL MEDIUM THROUGH WHICH TO EXPERIENCE POLITICAL CONCEPTS. QUESTIONS FOR STUDENTS ACCOMPANY EACH VIDEO AND ARE DESIGNED TO HELP THE STUDENT CONNECT THE CONTENT OF THE MEDIA TO THE CONTENT OF THE TEXT.
HOW IT WORKS? DISCUSSION QUESTIONS
THESE QUESTIONS—BASED ON THE “HOW IT WORKS” SECTIONS, WHICH ARE INCLUDED IN EACH CHAPTER OF THE TEXT—ARE DESIGNED TO BRING THESE FULL-COLOR GRAPHICS TO LIFE THROUGH IN-CLASS DISCUSSION.
ABOUT THE AUTHOR
THE AUTHOR OF THIS INSTRUCTOR’S MANUAL BRINGS EXTENSIVE TEACHING EXPERIENCE AND KNOWLEDGE OF THE AP® COURSE TO THE MATERIALS. JAMES WEHRLI HAS TAUGHT POLITICAL SCIENCE AND ECONOMICS AT THE HIGH SCHOOL AND COLLEGE LEVELS FOR OVER 30 YEARS IN NEW YORK, SOUTH CAROLINA, NORTH CAROLINA, TENNESSEE, AND FRANCE AT PUBLIC AND PRIVATE INSTITUTIONS. AS AN AP® CONSULTANT FOR THE COLLEGE BOARD, HE HAS TRAVELED IN THE UNITED STATES AND ABROAD CONDUCTING WORKSHOPS FOR GOVERNMENT AND ECONOMICS TEACHERS. HE HAS BEEN A TABLE LEADER FOR THE AP® COMPARATIVE GOVERNMENT AND POLITICS EXAM, AND HE SERVED FOR FOUR YEARS ON THE TEST DEVELOPMENT COMMITTEE, DURING WHICH TIME HE WAS ALSO THE AP® COMPARATIVE COLLEGE BOARD ADVISOR. IN 2006, JAMES WAS AWARDED NATIONAL BOARD PROFESSIONAL TEACHING CERTIFICATION IN SOCIAL STUDIES-HISTORY. IN ADDITION TO WRITING AND EDITING SEVERAL PUBLICATIONS FOR THE COLLEGE BOARD, JAMES HAS MOST RECENTLY BEEN THE EDITOR OR AUTHOR OF SEVERAL AP® REVIEW BOOKS. HE CURRENTLY TEACHES AT THE AMERICAN SCHOOL OF PARIS WHERE HE ALSO SERVES AS THE SECRÉTAIRE DE LA DÉLÉGATION UNIQUE DU PERSONNEL.
Chapter 1 Understanding American Politics
CHAPTER GOALS
1. DESCRIBE THE BASIC FUNCTIONS OF GOVERNMENT.
2. Define politics and identify three key ideas that help explain politics.
3. Identify major sources of conflict in American politics.
4. Explain how the American values of democracy, liberty, and equality work to resolve political conflict.
Outline
HOW DOES POLITICS WORK AND WHY DOES POLITICS MATTER?
Making sense of American government and politics
Why do we have a government?
Government [LOR-1]
Thomas Hobbes [LOR-1]
To provide order
Preamble to the Constitution [LOR-1]
Policing [LOR-1]
Factions [LOR-1]
State of nature [LOR-1]
Public good [LOR-1]
Separation of powers [PMI-1]
Judicial branch [PMI-1]
Executive branch [PMI-1]
Legislative branch [PMI-1]
Checks and balances [PMI-1]
Federalism [CON-2]
To promote the general welfare
Public goods [LOR-1]
Collective action problems [LOR-1]
Free rider problem [LOR-1]
Forms of government
Aristotle [LOR-1]
Monarchy [LOR-1]
Aristocracy [LOR-1]
Polity [LOR-1]
Republican governments [LOR-1]
Presidential systems [PMI-1]
Unitary [CON-2]
Confederation [CON-2]
Sovereignty [CON-2]
Autonomy [CON-2]
What is politics?
Politics [LOR-1]
Conflictual [LOR-1]
Compromise [LOR-1]
Politics is conflictual
Stealth democracy [PMI-1]
Political agenda [PMI-1]
Obamacare [PMI-1]
Political process matters
Politics is everywhere
Party identification [PMI-5]
Free riders [LOR-1]
Self-interest [LOR-1]
Sources of conflict in American politics
Economic interests
Stratified by class [PMI-4]
Free market [PMI-4]
Government interference [PMI-4]
Economic individualism [PMI-4]
Redistributive tax policies [PMI-4]
Cultural values
Culture wars [MPA-1]
Red-state [MPA-1]
Blue-state [MPA-1]
Purple-state [MPA-1]
Values voters [MPA-1]
Family values [MPA-1]
Common Core curriculum [MPA-1]
Hot-button issues [MPA-1]
Racial, gender, and ethnic differences
Gender gap [MPA-1, PMI-4]
Ethnic differences [MPA-1, PMI-4]
Racial differences [MPA-1, PMI-4]
Assimilation [MPA-1, PMI-4]
Melting pot view [MPA-1, PMI-4]
Racial separatists [MPA-1, PMI-4]
Nation of Islam [MPA-1, PMI-4]
Tossed salad [MPA-1, PMI-4]
Women’s Rights (Seneca Falls) Convention [MPA-1, PMI-4]
Ideology
Ideology [MPA-1, PMI-4]
Republicans [MPA-1, PMI-4]
Conservative [MPA-1, PMI-4]
Democrats [MPA-1, PMI-4]
Liberal [MPA-1, PMI-4]
Market regulation [MPA-1, PMI-4]
Libertarians [MPA-1, PMI-4]
Ideology continuum [MPA-1, PMI-4]
Fiscal conservative [MPA-1, PMI-4]
Social liberal [MPA-1, PMI-4]
Abortion [MPA-1, PMI-4]
Same-sex marriage [MPA-1, PMI-4]
Resolving conflict: democracy and American political values
Democracy
Democracy [LOR-1]
Representative democracy [LOR-1]
Participatory democracy [LOR-1]
Direct democracy [LOR-1]
Pluralist democracy [LOR-1]
Elitist democracy [LOR-1]
Liberty
Liberty [LOR-2]
Bill of Rights [LOR-2]
Freedom of speech, press, assembly, and religion [LOR-2]
James Madison [LOR-2]
Dictatorship [LOR-2]
Totalitarian state [LOR-2]
Monarchy [LOR-2]
Equality
Equality [LOR-1]
Declaration of Independence [LOR-1]
Equality of opportunity [PMI-4]
Political culture [MPA-1]
Conclusion
In-Class Questions and Writing Prompts
{5}
1. Define “government.”
2. Identify and describe the two main purposes of government.
3. Explain what “provide for the common defense” means.
4. Explain what “insure domestic tranquility” means.
5. Identify two government agencies that help ensure domestic tranquility.
{6}
6. Describe James Madison’s view of human nature.
7. Explain what self-interested means.
8. Explain one consequence of self-interest for society.
9. Define Madison’s conception of faction.
10. Define “separation of powers.”
11. Identify the different branches of government.
12. Define “federalism.”
13. Define “public goods.”
14. Define what the collective action problem is.
15. Define the free rider problem.
16. Explain how governments try to solve the free rider problem.
{7}
17. Provide three examples of public goods.
18. Identify the three types of governments that Aristotle recognized.
19. Define “monarchy.”
20. Define “aristocracy.”
21. Define “polity.”
{8}
22. Define “federal system.”
23. Define “unitary system.”
24. Define “politics.”
25. Identify the three key ideas of this book.
26. Provide two examples to show that politics is everywhere in our lives.
{10}
27. Explain one reason why conflict in politics is important.
{10–11}
28. Explain a disadvantage of the desire for stealth democracy.
{11}
29. Explain why compromise and bargaining are important in politics.
30. Identify two consequences of conflict in politics.
{12}
31. Identify three ways in which citizens are a part of politics.
{13}
32. Describe two collective action problems.
{14}
33. Explain one way the free rider problem impacts politics.
{15}
34. Explain the effect of income inequality on class stratification in the United States.
35. Define “free market.”
36. Describe the general view of Democrats on regulation, environment, and worker and product safety.
37. Describe the general view of Republicans with regard to taxes and spending in social policies.
38. Compare the views of red-state and blue-state Americans with respect to religion.
39. Identify the political party that is associated with blue-state Americans.
{16}
40. Identify which sections of the country were the strongest for Clinton.
41. Identify which sections of the country were the strongest for Trump.
42. Identify which areas are most mixed (light purple).
43. Explain two reasons why the map is expected to become more purple in the next 20 years.
44. Although the map is more red than blue, and Clinton won more votes than Trump, explain one reason why Trump won the 2016 election.
45. Explain one advantage of using a map like this rather than a traditional electoral map that shows party alignment by state rather than by county.
46. Explain one disadvantage of using a map like this rather than a traditional electoral map that shows party alignment by state rather than by county.
{17}
47. Identify two categories that are features of people concerned with “family values.”
48. Identify which racial group is most likely to vote Republican.
49. Identify the party for which Cuban Americans are most likely to vote.
50. Identify the party for which most Latinos, other than Cuban Americans, are likely to vote.
51. Identify the party for which women are somewhat more likely to vote.
52. Identify the party for which men are somewhat more likely to vote.
53. Describe how the so-called melting pot view is reflected in certain policy choices regarding ethnic groups.
{18}
54. Describe how the so-called tossed salad view is reflected in certain policy choices regarding ethnic groups.
55. Identify four issues of main concern to the women’s liberation movement.
56. Describe how 2016 female membership in the House and Senate reflect the percentage of women in the general population.
57. According to Table 1.1, identify the racial group that had a majority in 2015.
58. According to Table 1.1, identify the racial group that will have a majority in 2060.
59. According to Table 1.1, identify the racial group that will have a plurality in 2060.
60. According to Table 1.1, identify the racial group that will increase the most between 2015 and 2060.
{19}
61. Define “ideology.”
62. Identify two beliefs typically held by conservatives.
63. Identify two beliefs typically held by liberals.
64. Identify two beliefs typically held by libertarians.
{20}
65. Define “representative democracy.”
66. Define “participatory democracy.”
67. Define “pluralist democracy.”
68. Define “elitist democracy.”
{21}
69. Describe how authoritarian governments deal with conflicts.
70. Identify three liberties included in the Bill of Rights.
71. Explain why there is a trade-off between liberty and conflict.
72. Identify a type of governmental system in which no compromise is required.
73. Explain why equality of opportunity does not always lead to equality of outcome.
{22}
74. Explain how political equality relates to conflict.
Stumbling Blocks
{4}
As the authors note, students often feel that politics is confusing and that there is no reason to try to make sense of it. It is too easy to think that all politicians are corrupt or that politicians are just in it for the power or to make money. Stress to your students that politics does makes sense, that most politicians are trying to improve the public good, and that together you and their fellow students will prove it over the course of the semester or year.
It is also important that the students realize that their personal political beliefs will not impact their success in understanding the concepts in this book. It is also normal if they have not already formed political opinions. This book does not have a political agenda; rather, it encourages students to understand the intricacies and nuances of politics, not to necessarily believe in one particular set of beliefs.
{6}
In discussing human nature, students often readily agree with Thomas Hobbes and James Madison that self-interest is part of human nature, but this is actually a topic of debate. Some political theorists, such as Karl Marx, have argued that the underlying structures in society, such as capitalism, cause people to become self-interested. To these theorists, there is no inherent human nature; they believe people are born with blank slates and that it is society that influences how people behave. If an underlying structure, such as capitalism—which favors self-interest—is removed, then people will no longer be automatically self-interested in the future.
{6}
Stress to the students that factions, as conceived by Madison, are groups that are always against the public good. The size of the faction can be of any size. It can even be a majority of the people. This concept of faction is somewhat different from the definition that students might have learned in their English classes or in everyday usage, where a faction often implies just a small group of people who go against the public good. Throughout the course, students will have to get accustomed to relearning definitions since political scientists often use terms in very specific ways. Another example is the word “welfare.” In the United States, especially, when students hear the term “welfare,” they associate it immediately (and often negatively) with government payments to the poor. In the context of this chapter, welfare means well-being of people in society. However, the Social Policy chapter (16) uses welfare in the other, more common usage of the term.
{8}
Although this is not a comparative government course, it is helpful for students to understand some of the basics of a parliamentary system to help them gain a better understanding of the advantages and disadvantages of separation of powers and presidential systems. Many students often come to this course with very little background in politics, but they often have at least heard of separation of powers and have only learned about the positive aspects.
{8–11}
One of the reasons that politics has a bad reputation is because it is conflictual. Students have a difficult time understanding that arguing is a way for all parties to understand each others’ viewpoints. Although it sometimes happens, arguing does not have to be ad hominem—an attack against the person. Another reason for the bad reputation of politics involves the fact that politicians make compromises. Observers often view these compromises as politicians lying about their campaign promises when sometimes it is instead due to changing circumstances or making the deal possible.
{15}
Students often confuse capitalism (economic freedom) with democracy (political freedom). It may take the entire course to fully develop the concept of the many facets of democracy, and it will be helpful to spend a few minutes defining capitalism and explaining that economic freedom is neither a necessary nor a sufficient condition for a country being democratic. It is possible for a country to be democratic without having a market system. European democracies all contain varying degrees of socialism. It is also the case that a nondemocratic country can rely on capitalism. China is the best example of this.
{19}
Ideology can be a controversial subject to teach since students will often come to your class with their own opinions or their parents’ opinions about how to view the political world. The ideologies outlined in this text are the major tendencies of the major ideologies. It does not mean that all aspects of each ideology apply to each person who subscribes to that particular type of ideology. One way to reduce the tension around this topic is for the teacher to take a neutral view and objectively describe the basic characteristics of each ideology. I would urge caution on whether a teacher should let students know his or her position, as students might mistakenly feel that this will bias the teacher’s opinion of them and affect how he or she evaluates their performances in class. This might also affect the teacher’s credibility with those students who disagree politically with the teacher.
Rubric For Free-Response Question from End-of-Chapter Content
1) THE FRAMERS BUILT SAFEGUARDS INTO THE AMERICAN POLITICAL SYSTEM TO GUARD AGAINST TOO MUCH POWER ACCUMULATING IN A SINGLE PLACE. (6-POINT RUBRIC)
A. Describe the difference between separation of powers and checks and balances. 1 point for description [If done correctly, defining each term might be enough to constitute a description of the difference.]
B. Explain how federalism is a component of separation of powers. 1 point for explanation [Defining federalism is not enough to earn a point—student must connect it to separation of powers as well.]
C. Describe one way each branch of the national government limits the power of another branch of government. 1 point for each description, 3 total points [Must provide one check from each of the three branches. Identifying a relevant check is not enough—student must describe how this limits the power of each branch.]
D. Explain how either a separation of powers or checks and balances limits the ability of factions to dominate the government. 1 point for explanation [Student needs to connect either separation of powers or checks and balances to the power of factions.]
Essential Questions and Objectives
1. HOW DOES THE U.S. CONSTITUTION AIM TO MAINTAIN BALANCE BETWEEN THE PROTECTION OF INDIVIDUAL LIBERTY AND THE PROMOTION OF PUBLIC ORDER AND SAFETY?
2. What role did ideology, debate, and compromise play in the forming of the U.S. Constitution?
3. Compare how models of representative democracy are visible in major institutions, policies, events, or debates in the United States.
4. How are democratic values written into the Declaration of Independence and the U.S. Constitution?
5. How is the constitutional distribution of power between the national and state governments impacted by the needs of society?
6. How does U.S. political culture—including values, attitudes, and beliefs—shape public policy?
7. How are the core values of U.S. citizens and attitudes about the role of government connected?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Many people consistently report that one of the things they like the least about politics is that it is conflictual. Of course, people rarely consider how political disagreements would get resolved without conflict. Divide students into four groups. Ask students to determine whether they should have a daily quiz at the beginning of class that focuses on what was done in the preceding session or at the end of class that focuses on what was discussed today. Assign two groups to the “quiz at the beginning” condition and two groups to the “quiz at the end” condition. Assign one of each group to engage in conflict resolution with one of the other groups, with one caveat. Only one pair of groups is allowed to discuss its conflict in any way (verbally, on paper, via text messaging, or by email). If possible, have the two sets of groups work to resolve their conflict in separate rooms so that the competing groups that are allowed to discuss their conflict are in one room and the competing groups that are forbidden to communicate are in another room.
Of course, students in groups with the condition that forbids communication will quickly realize that there is no way for them to resolve their conflict while the other group ought to come to some solution, whether it involves one side winning and the other side losing or a compromise that varies the day on which the quiz comes at the beginning or end of class. Some groups may agree to forgo the quizzes entirely! Regardless, the activity quickly demonstrates that conflict is necessary to resolve disputes. Alternatively, split the class into three groups (quiz at the beginning, quiz at the middle, and quiz at the end of class) and then have students cast a vote for their preference both before and after being able to discuss the issue with others. The instructor can use the results to engage in a discussion of plurality voting.
Activity 2: Political Process Matters
Recall the famous quotation from Michigan Democratic congressman John Dingell, who said, “If you let me decide procedure and I let you decide substance, I’ll beat you every time.” This activity puts this statement to the test. Have students write down the name of their favorite candy on a sheet of paper. Tally up the scores and silently note which candy wins. Then, tell students the top three vote getters (in no particular order) and have them vote again. This time, they must pick one of the three top vote-getting sweets. Oftentimes, the favorite candy finally chosen is not the same as the one originally chosen. Even if it is, the number of students voting for it will have greatly increased, still illustrating that the process affects the outcome.
If the candy that wins the second vote is not the same as the candy that won the first, ask students to discuss which candy is really the class favorite: the one that defeated all comers, or the one that got the most votes when the voting rules changed? If the same candy wins, ask students to discuss whether the second vote is a more or less appropriate measure of what the class’s favorite candy is; that is, when forced to choose one of three candies, does the result become less meaningful for those students who could not vote for what was truly their favorite candy?
Activity 3: Politics Is Everywhere
One way to get students thinking about how politics is everywhere is to have them consider the many different ways in which politics affects their daily lives. Have them think about things they do every day and then discuss how politics is a part of each of those items. Examples include:
Driving
• Point out that students must be 16 or older to drive a car, a decision determined by government officials.
• Federal, state, and local governments are responsible for the maintenance and development of roads.
• States are responsible for setting their own speed limits (which vary widely from state to state).
Eating
• Food and Drug Administration (FDA) officials are responsible for maintaining the safety of our food supply.
• If the food is organic, there is a special FDA certification process required.
• If people eat at a restaurant, there are local food inspections and overall cleanliness requirements restaurants must pass to stay open.
• A growing number of states require restaurants to provide the nutritional information of their menu items for customers to inspect.
Talking
• The Constitution provides Americans protection to speak freely and to freely associate with others. However, there are limits to free speech, including:
° slander and libel
° threatening people
° noise pollution
° some pornography
° (See Chapter 4 for more detail on these limitations.)
Activity 4: What Does Politics Have to Do with My Job?
Ask students to think about their career goals. What kind of job would they like to have? Is there a professional association that students could join as a consequence of their chosen career path? Have students examine the rules governing the national or state association that is connected with their career path. Next, have the students research the political giving/political endorsements awarded by that association. Finally, have students examine the political issues that most interest the association members. If students do not have their career paths all planned out, have them start with an organization like the National Association of Realtors (NAR), the Screen Actors Guild (SAG), or the American Federation of State, County, and Municipal Employees (AFSCME).
Discussion Questions
1. GIVEN THAT POLITICS IS EVERYWHERE, THE POLITICAL PROCESS MATTERS, AND POLITICS IS FULL OF CONFLICT, WHY DO MANY YOUNG PEOPLE CHOOSE NOT TO GET INVOLVED—WHETHER IT IS NOT SHOWING UP TO VOTE, NOT PAYING MUCH ATTENTION TO POLITICAL NEWS, OR NOT VOLUNTEERING FOR CAMPAIGNS OR INTEREST GROUPS?
2. Thinking about the three major theories of democracy (elite, pluralist, and participatory), which is most likely to make the American republic the most effective?
3. What do students think should be the most important public policy issue for our elected officials in Washington, D.C.? What is the optimum fashion for leaders to address this issue?
4. Hold a discussion about the legalization of marijuana. How does this debate illustrate the conflictual nature of American politics?
5. How is diversity a strength in American society and how is it a challenge?
Video Clips
1. “THE AMERICAN POLITICAL CULTURE: LESSONS IN ‘KEEPING’ A REVOLUTION” ( AND THE 2 TEACHERS). THIS PRESENTATION IS AVAILABLE AT: WWW.WATCH?V’GBDDCIQIYDG.
Discuss the importance of culture in a democracy. How is culture different from political ideology? What are the critical components of the American political culture? Explain.
2. “The Changing State of U.S. Ethnicity” (BBC News). This presentation is available at: watch?v’QOeuMymIezg.
How has immigration evolved in U.S. history? What lessons can be extracted from this evolution? Has changing technology affected immigration to the United States? Finally, what is the destiny of the United States in terms of ethnicity? Explain.
How It Works? Discussion Question
1. HOW IT WORKS: IN THEORY (THREE KEY IDEAS FOR UNDERSTANDING POLITICS). POLITICS IS CONFLICTUAL: ASK STUDENTS HOW SOME RECENT DEBATES ABOUT GUN CONTROL, THE BUDGET DEFICIT, AND IMMIGRATION COULD POSSIBLY RESULT IN SOME MEANINGFUL COMPROMISE THAT MAY BE ACCEPTABLE TO THE THE PRESIDENT AND TO MEMBERS OF CONGRESS FROM BOTH MAJOR POLITICAL PARTIES. POLITICAL PROCESS MATTERS: UNDER THE FEDERAL CONSTITUTION, 538 ELECTORS DIRECTLY CHOOSE THE PRESIDENT OF THE UNITED STATES, AND A SIMPLE MAJORITY OF THE ELECTORAL COLLEGE (270 VOTES) IS REQUIRED TO WIN. THE REALITY IS THAT IT IS POSSIBLE TO LOSE THE NATIONAL POPULAR VOTE BUT STILL BECOME PRESIDENT. IS THIS STRUCTURAL RULE FAIR BY EARLY TWENTY-FIRST-CENTURY STANDARDS? WHY OR WHY NOT? POLITICS IS EVERYWHERE: MANY PEOPLE EXPRESS DISDAIN FOR POLITICS, BUT POLITICAL DECISIONS AFFECT ALL AMERICANS IN A PROFOUND MANNER. ASK STUDENTS TO PROVIDE A CONCRETE EXAMPLE ILLUSTRATING CONCLUSIVELY THAT POLITICS IS EVERYWHERE, WHETHER OR NOT WE CHOOSE TO ACCEPT THE PREMISE.
Chapter 2 The Constitution and the Founding
CHAPTER GOALS
1. DESCRIBE THE HISTORICAL CIRCUMSTANCES THAT LED TO THE CONSTITUTIONAL CONVENTION OF 1787.
2. Analyze the major issues debated by the framers of the Constitution.
3. Contrast the arguments of the Federalists with those of the Antifederalists.
4. Outline the major provisions of the Constitution.
5. Explore how the meaning of the Constitution has evolved.
Outline
WHAT ARE THE RULES OF THE POLITICAL GAME?
Tea Party [PMI-4]
New Deal [PMI-4]
Great Society [PMI-4]
President Obama [PMI-4]
Social Security [PMI-4]
Medicare [PMI-4]
Federal Reserve System [PMI-4]
Great Depression [PMI-4]
Commerce clause [CON-2]
Fourteenth Amendment [LOR-3]
Tenth Amendment [CON-2]
Separation of power [CON-2]
Checks and balances [PMI-1]
Gridlock [CON-3]
Partisan bickering [CON-3]
The historical context of the Constitution
Boston Tea Party [LOR-1]
The Articles of Confederation: the first attempt at government
Articles of Confederation [CON-1]
Decentralized [CON-1]
Limited government [CON-1]
Second Continental Congress [LOR-1]
Declaration of Independence [LOR-1]
Veto power [LOR-1]
Shays’s Rebellion [CON-1]
Political theories of the framers
Popular control [LOR-1]
Republican democracy [LOR-1]
Republicanism
Republicanism [LOR-1]
Declaration of Independence [LOR-1]
Unalienable [LOR-1]
Legitimacy [LOR-1]
Consent of the governed [LOR-1]
Natural rights [LOR-1]
Social contract [LOR-1]
Thomas Hobbes [LOR-1]
John Locke [LOR-1]
Montesquieu [PMI-1]
The Spirit of the Laws [PMI-1]
Human nature and its implications for democracy
James Madison [LOR-1, CON-1, PMI-1]
Alexander Hamilton [LOR-1, CON-1, PMI-1]
John Jay [LOR-1, PMI-1]
Federalist Papers [LOR-1, PMI-1]
Federalist 51 [PMI-1]
Federalist 10 [LOR-1, CON-1]
Factions [CON-1]
Economic interests
Regional differences [LOR-1]
Federalists [CON-1]
Antifederalists [CON-1]
The politics of compromise at the Constitutional Convention
Majority rule versus minority rights
Factions [CON-1]
Tariffs [MPA-3]
Tyranny by majority factions [CON-1]
Separation of powers [PMI-1]
Checks and balances [PMI-1]
Pluralism [LOR-1]
Crosscutting interests (cleavages) [MPA-1]
Small states versus large states
Virginia Plan [CON-1]
New Jersey Plan [CON-1]
Great Compromise [CON-1]
Connecticut Compromise [CON-1]
Senate [CON-1, MPA-3]
House of Representatives [CON-1, MPA-3]
Legislative power versus executive power
Limiting presidential power
Executive [PMI-1]
Virginia Plan [CON-1]
Veto [PMI-1, CON-4]
Strong executive [PMI-1]
Locke [LOR-1]
Antifederalists [CON-1]
Selecting the president
Presidential system [PMI-1]
Parliamentary system [PMI-1]
Executive branch [PMI-1]
Legislative branch [MPA-3]
Virginia Plan [CON-1]
Prime minister [CON-1]
Electoral College [CON-1]
Political parties [PMI-5]
National power versus state and local power
Federalism [CON-2]
Tenth Amendment [CON-2]
Bill of Rights [LOR-2]
Reserved powers [CON-2]
National supremacy clause (Article VI) [CON-2]
Slave states versus nonslave states
Logrolling [CON-1, CON-3]
Three-Fifths Compromise [CON-1]
Ratification
Article VII [CON-1]
The Antifederalists’ concerns
Antifederalists [CON-1]
Civil liberties [LOR-2]
Bill of Rights [LOR-2]
Enumerated rights [LOR-2]
Federalists [CON-1]
The Federalists’ strategies
Federalist [CON-1]
Antifederalist [CON-1]
Federalist Papers [LOR-1, CON-1]
Bill of Rights [LOR-2]
The Constitution: a framework for government
Exclusive powers
Powers of Congress [PMI-1, CON-3]
Necessary and proper clause (elastic clause) [CON-2, CON-3]
Exclusive powers (clause) [CON-2]
Article II [CON-4]
Federalist 78 [CON-5]
Shared powers
Advice and consent [CON-3]
Shared powers [CON-2]
War powers [CON-4]
Negative or checking powers
Congressional checks
Impeachment [PMI-1]
Power of the purse [PMI-2]
Presidential checks
Veto [CON-4]
Antifederalists [CON-2]
Federalists [CON-2]
Judicial review
Marbury v. Madison [CON-5]
Judicial review [CON-5]
Supreme Court [CON-5]
Supremacy clause [CON-2]
Is the Constitution a “living” document?
Ambiguity
Necessary and proper (elastic) clause [CON-2]
Executive powers clause [CON-4]
Commerce clause [CON-2]
Enumerated powers [CON-2]
Article II [CON-4]
Interstate commerce [CON-2]
New Deal [CON-4]
Changing the Constitution
Article V [CON-1]
Amendment process [CON-1]
Proposal and ratification
Virginia Plan [CON-1]
New Jersey Plan [CON-1]
Article V [CON-1]
Proposal [CON-1]
Ratification [CON-1]
National convention [CON-1]
Prohibition [CON-1]
A range of amendments
Eleventh Amendment [CON-2]
Twelfth Amendment [PRD-2]
Thirteenth Amendment [CON-1]
Fourteenth Amendment [PRD-1]
Popular election [LOR-1, PRD-2]
Seventeenth Amendment [MPA-3]
Fifteenth Amendment [MPA-3]
Nineteenth Amendment [MPA-3]
Sixteenth Amendment [CON-2]
Multiple interpreters
Commerce clause [CON-2]
Implied powers [CON-2]
McCulloch v. Maryland (1819) [CON-2]
Necessary and proper clause [CON-3]
Capital punishment [LOR-2]
Eighth Amendment [LOR-2]
Cruel and unusual punishment [LOR-2]
First Amendment [LOR-2]
Supreme Court [CON-5]
Conclusion
In-Class Questions and Writing Prompts
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1. Define “gridlock.”
2. Explain how partisan bickering can lead to gridlock.
3. Explain why the colonists were upset with the Stamp Act of 1765.
4. Identify what the first attempt to structure an American government was called.
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5. Identify what part of government received all national power under the Articles of Confederation.
6. Explain why the Articles of Confederation did not include any executive leader.
7. Define “decentralization.”
8. Describe three ways in which the Articles of Confederation gave more power to the states.
9. Explain one disadvantage of allowing any state to veto any changes to the Articles.
10. Explain one advantage of allowing any state to veto any changes to the Articles.
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11. Describe the main purpose of the convention after the Annapolis Convention.
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12. Explain why Shays’s Rebellion concerned the national leaders.
13. Identify the three key principles shared by the leaders who met in Philadelphia to discuss the Articles of Confederation.
14. Define “popular control of government.”
15. Define “republicanism.”
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16. Explain what “unalienable” means.
17. Identify the three main ideas expressed in the opening passage of the Declaration of Independence.
18. Define “natural rights.”
19. Explain how the concept of a social contract relates to the opening passage of the Declaration of Independence.
20. Describe how Thomas Hobbes viewed the state of nature.
21. Compare and contrast the solutions that Thomas Hobbes and John Locke provided for addressing the problems of being in the state of nature.
22. Identify the major contribution that Montesquieu’s The Spirit of the Laws made to the U.S. Constitution.
23. Describe the main purpose of the Federalist Papers.
24. Describe Madison’s view of human nature.
25. Explain why human nature is a challenge for governments.
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26. Explain why governments must try to control the effects of factions rather than the causes.
27. Describe the major economic differences between the South, on the one hand, and the middle Atlantic and northern states, on the other.
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28. Make three comparisons between the legislature under the Articles of Confederation and the Constitution.
29. Describe the amendment and the ratification process in the Articles of Confederation and the Constitution.
30. Identify who collects taxes under the Articles of Confederation and the Constitution.
31. Identify the label given to those who favored a strong national government.
32. Identify the label given to those who favored a weak national government.
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33. Describe what groups the framers were thinking of when they discussed minorities.
34. Define “faction.”
35. Describe the republican principle.
36. Explain why Madison was more concerned about tyranny by majority factions than tyranny by minority factions.
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37. Describe the method of election favored by large states and by small states.
38. Describe the position of the slave states and the position of nonslave states with regard to control over commerce.
39. Describe the Three-Fifths Compromise.
40. Describe how double protection would address the problems posed by factions.
41. Define the size principle.
42. Explain why the size principle will affect the problems posed by factions.
43. Define “pluralism.”
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44. Identify the name of the plan that would strengthen the national government.
45. Identify the name of the plan that would strengthen small states.
46. Describe the major components of the Great Compromise.
47. Describe one advantage and one disadvantage of having a single executive.
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48. Define “median population.”
49. Identify the state with the highest population at the time of the Constitutional Convention.
50. Identify the state with the lowest population at the time of the Constitutional Convention.
51. Describe two conclusions that can be made from the diagram, “Votes at the Constitutional Convention.”
52. Using information from the graphs, explain why Connecticut had a strong motive to find a compromise.
53. Explain how these graphs can help people understand why the New Jersey and Virginia Plans were in conflict and why it seems inevitable that they would fail.
54. Explain one reason why using the median is the most appropriate form of average to use for this situation.
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55. Explain an advantage that the executive branch has over the legislative branch according to John Locke.
56. Define “parliamentary system.”
57. Describe how representation in the Electoral College is determined.
58. Describe two advantages of using an electoral college to elect the president.
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59. Explain how the emergence of parties affected the Electoral College system.
60. Identify the amendment that was intended to make sure the federal government did not gain too much power.
61. Describe reserved powers.
62. Describe the national supremacy clause.
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63. Define “splitting the difference.”
64. Define “logrolling.”
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65. Describe the Antifederalists’ main object to the new Constitution.
66. Explain two reasons why some were against a Bill of Rights.
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67. Identify the main purpose of the Bill of Rights.
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68. Identify the “first branch of government.”
69. Identify four powers granted exclusively to Congress.
70. Explain what “power of the purse” means.
71. Explain the purpose behind the necessary and proper clause.
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72. Explain why Alexander Hamilton thought the Supreme Court would be the least dangerous branch.
73. Explain one advantage and disadvantage of lifetime tenure for Supreme Court justices.
74. Identify two shared powers of the president.
75. Explain one advantage and one disadvantage of civilian control of the military.
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76. Identify two checks that Congress has on the other branches of government.
77. Define “impeachment.”
78. Explain how Congress can use the power of the purse as a check on the executive branch.
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79. Explain how the president can check Congress.
80. Identify the check that the president has on the courts.
81. Define “judicial review.”
82. Identify the practice that was started with Marbury v. Madison (1803).
83. Describe one advantage and one disadvantage of judicial review.
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84. Identify the three components of the Constitution that allow it to continue as a living document.
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85. Identify the two approaches to viewing the Constitution.
86. Identify the political party in which a majority of its members favor the living constitution approach.
87. Identify the political party in which a majority of its members favor the originalist approach.
88. Identify the Supreme Court justice most closely identified with the originalist approach.
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89. Explain why the framers intended the Constitution to be ambiguous.
90. Identify three components of the Constitution that are ambiguous.
91. Define “enumerated powers.”
92. Describe the commerce clause.
93. Explain how the commerce clause affected the powers of Congress.
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94. Describe the two ways in which amendments can be proposed.
95. Describe the two ways in which amendments can be ratified.
96. Describe the main purpose of the Thirteenth Amendment.
97. Describe the main purpose of the Fourteenth Amendment.
98. Describe the main purpose of the Seventeenth Amendment.
99. Describe the main purpose of the Fifteenth Amendment.
100. Describe the main purpose of the Nineteenth Amendment.
101. Describe the main purpose of the Sixteenth Amendment.
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102. Describe the two methods for proposing amendments to the Constitution.
103. Describe the two methods of ratifying amendments to the Constitution.
104. Define “implied powers.”
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105. Explain why a member of Congress would propose an amendment that he or she knew would fail.
106. Identify a failed amendment.
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107. Explain how McCulloch v. Maryland (1819) relates to the concept of implied powers.
Stumbling Blocks
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The details of the Revolutionary War period are not as relevant for this political science course, but it is worth noting that the modern-day Tea Party borrows its name from an event in this era. Teachers should point out to students that although the goals of the Tea Party movement today are diverse, one of the party’s major aims is to reduce or eliminate taxes, whereas the major protest at the original Boston Tea Party concerned the lack of citizens’ input into making taxing decisions (that is, “taxation without representation”). Many protest groups throughout American history have used the label “Boston Tea Party.”
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History teachers who teach an AP® U.S. Government and Politics course are cautioned to minimize how much historical detail is included in their instruction partly because of time constraints. Courses that are taught over a year rather than in just a semester will have more time to add this interesting background information. Students should not get lost in the historical details at the expense of losing sight of the details that political science examines.
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Though it is important to highlight the weaknesses of the Articles of Confederation, especially to show how it contrasts to the U.S. Constitution, teachers should also point out one of this contract’s strengths—that it was an important transition document that made it easier for the present-day Constitution to be written and ratified. In other words, right after the American Revolution, a constitution that invested so much power in a national government and took away some sovereignty from the states would never have passed muster, and if it were not for the Articles, the United States may not have lasted as long as it has.
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Often students come to a government course “knowing” a specific piece of trivia/information—that the United States is not really a democracy since, unlike ancient Athens, American citizens do not vote directly on laws but rely on elected representatives. The confusion arises over the fact that, in this sense, there are two types of democracies—direct democracies (such as ancient Athens) and indirect democracies (such as the United States), where the citizens elect others to represent their interests and vote on decisions. Both types of government are democracies. Direct and indirect are adjectives that describe the type of democracy just like black and brown describe different cats. Along this vein, make sure that students do not confuse a republican (representative) form of government with the Republican Party.
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It is important for students to understand both the advantages and disadvantages of separation of powers, checks and balances, and federalism. Often students come to this course with the preconceived notion that these provisions of democracy only have strengths.
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Although this will be explained in more detail in a later chapter, students should understand that impeachment is similar to an indictment—wherein there is enough evidence to have a trial—which in the case of an impeachment takes place in the Senate. Therefore, impeachment does not mean conviction. Two presidents have been impeached, but neither has been convicted, and thus, neither was removed from office.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE FRAMERS CREATED THE CONSTITUTION IN RESPONSE TO PROBLEMS WITH THE ARTICLES OF CONFEDERATION AND DISAGREEMENTS AMONG GROUPS OF CITIZENS. (6-POINT RUBRIC)
A. Identify two weaknesses of the system of government under the Articles of Confederation. 1 point for each identification, 2 total points [These are fairly straightforward, and a list is sufficient because the “identify” threshold is low.]
B. Explain how two features of the system of government under the Constitution fix a weakness that was present under the Articles of Confederation. 1 point for each explanation, 2 total points [The student may use the same weaknesses that are identified in part A but is not required to do so. For each of the weaknesses chosen, the student must make it clear how the system is improved under the Constitution.]
C. Explain how two features of the system of government under the Constitution represent a compromise between the Federalists and Antifederalists. 1 point for each explanation, 2 total points [To get each “explain” point, the student needs to first articulate the disagreement between the Federalists and Antifederalists and then articulate how the Constitution has a compromise that solves this disagreement.]
2) The U.S. Constitution is the product of a series of compromises that resolved differences at the Constitutional Convention. (6-point rubric)
A. Describe one area of consensus among the delegates at the Constitutional Convention. 1 point for identification [A few examples of possible topics that could be worth a point: preference for republican form of government and agreement that Articles of Confederation were problematic.]
B. Describe two differences between the New Jersey and Virginia plans offered at the Constitutional Convention. 1 point for each description, 2 total points [Some possible responses might be more general, like benefiting large/small states, while others might be more specific in terms of the structure of government.]
C. Explain how three compromises reached at the Constitutional Convention resolved a disagreement among delegates. 1 point for each explanation, 3 total points [Identifying the compromise is not enough for a point—student must articulate how it resolved a disagreement. Also, be careful that each answer is a distinct compromise on its own. For example, a bicameral legislature alone is not a compromise, because the Virginia Plan proposed one.]
Essential Questions and Objectives
1. HOW DOES THE U.S. CONSTITUTION PROTECT THE LIBERTIES AND RIGHTS OF THE INDIVIDUAL?
2. What individual rights are outlined and protected in the Bill of Rights?
3. Describe the attitude of Federalists and Antifederalists toward central government and democracy, and explain how these views are written into U.S. foundational documents.
4. What is the relationship between key provisions of the Articles of Confederation and the debate over giving the federal government greater power previously allocated to the states?
5. Describe how the political negotiation and compromise at the Constitutional Convention continues to impact the development of the constitutional system.
6. How is the principle of judicial review used to check the power of other institutions and state governments?
7. Explain the principles of separation of powers and checks and balances.
8. What do the separation of powers and checks and balances imply for the U.S. political system?
9. How are democratic values written into the Declaration of Independence and the U.S. Constitution?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Divide students into small groups and ask them to propose an amendment to the Constitution. After each group has had the chance to think about, select, and carefully word an amendment, have a spokesperson from each group propose the amendment to the rest of the class. Then, have the class debate the merits of the amendment; finally, have the class vote on the amendment. Repeat this process for each of the proposed amendments.
After this process is complete, ask students to consider the implications of the amendments they ratified (or failed to ratify). Would there be unintended consequences for having amended the Constitution in the way that the class chose to do so? How might the amendment be interpreted by future generations?
Activity 2: Political Process Matters
Nowhere were discussions about and lessons concerning the political process on greater display than they were in the late fall of 2000, after George W. Bush and Al Gore were deadlocked in their bids for the White House. Gore had won the popular vote, though, as the authors demonstrate, it is the Electoral College vote that matters in a presidential contest.
The Electoral College results for the 2000 presidential election were a flashpoint of debate after the initial counting of the votes in the perennial swing state of Florida. George W. Bush had nearly 1,800 more votes than Al Gore did after the first count. However, the political process in Florida demanded that in races as close as this one, an automatic recount must occur. After a machine recount was nearly completed (two days later), Bush’s margin of victory was about 500 votes. Candidates in Florida can request hand recounts, and Gore did just that in four Florida counties. Florida law also demanded that the Florida secretary of state certify the election by November 14, which would not give the four counties enough time to manually recount the ballots. The law gave the secretary of state, Katherine Harris, the discretion to allow or refuse county petitions to extend the deadline. She refused and Gore sued.
Several court decisions later, the Florida Supreme Court sided with Gore by a 4–3 vote. The Bush team appealed to the Supreme Court, which decided that the earlier Florida decision violated the equal protection clause of the Fourteenth Amendment. At that point, over a month after the election, Gore conceded defeat. In his speech on December 13, 2000, Gore said:
[O]ver the library of one of our great law schools is inscribed the motto, “Not under man but under God and law.” That’s the ruling principle of American freedom, the source of our democratic liberties. I’ve tried to make it my guide throughout this contest as it has guided America’s deliberations of all the complex issues of the past five weeks. Now the U.S. Supreme Court has spoken. Let there be no doubt, while I strongly disagree with the court’s decision, I accept it. I accept the finality of this outcome which will be ratified next Monday in the Electoral College. And tonight, for the sake of our unity of the people and the strength of our democracy, I offer my concession.
In other words, Gore was saying that the political process had run its course and the fight was over.
Have the class members discuss and debate the utility of this process and whether Gore should have ended his quest for the presidency at the point at which he did, or if he should have contested the House of Representatives’ certification of the Electoral College vote.
Activity 3: Politics Is Everywhere
Pick a recent controversial political story in a national news publication such as The Washington Post or a cable television news program. Have students discuss how the Constitution has been applicable with regard to the political battle that was selected. Is it a fight between the House and the Senate (where the Constitution requires both to agree on a bill before sending it to the president)? Is it a disagreement between the president and Congress where a conflict between legislative versus executive power is being contested? Is it a Supreme Court decision that will require the writing of a new law?
Then, have the class members discuss how the conflict might be different if the relevant Constitutional design element for the conflict selected were missing. For instance, if the instructor has chosen a debate between the House and Senate, have students discuss the issue selected as if the United States had a unicameral legislature.
Activity 4: How Do We Compare?
Have your students go to Freedom House’s website () and examine how the United States compares to other nations across a wide variety of measures of freedom. The full report is entitled “Freedom in the World” and can be accessed at: . It is particularly interesting to compare the United States to some allies (for example, the United Kingdom and Saudi Arabia), foes (for example, North Korea), and competitors (for example, China). The subcategory scores can be downloaded into an Excel spreadsheet for easy comparing. Additionally, have students discuss Freedom House’s methodology. Are there other ways to be free that are not measured? Are some of the categorical distinctions potentially misleading? What are key distinctions, and the consequences thereof, between our Constitution in the United States and the constitutions of some other nations that have them?
Discussion Questions
1. IF STUDENTS COULD MAKE ONE CHANGE TO THE CONSTITUTION, WHAT WOULD IT BE? WHY? HOW LIKELY DO THEY THINK IT IS THAT THIS AMENDMENT WOULD BE RATIFIED? WHY?
2. Some observers of the Philadelphia Convention argue that the authors of the Constitution failed their country by failing to outlaw slavery in 1787. Others claim that the Constitution would never have been ratified if slavery had not remained legal. What do students think? Did the framers of the Constitution fail or did they do the best they could, given the circumstances?
3. Some Supreme Court justices argue that there are not multiple meanings to the Constitution; rather, they argue, it is the job of the Court to find the original intent of the framers and use that as a basis to make their judicial decisions. Other Supreme Court justices argue that the Constitution must be interpreted in the era in which the particular case comes before the Court. What do the class participants think? Why?
4. Given how different our society is today as compared to 1787, will the Constitution survive another 200 years? Why or why not?
5. If the framers could come back today and see how the Constitution is being interpreted, what would their reactions be? Explain.
6. What system of government—a presidential system with separation of powers or a parliamentary system with no separation of powers—is more efficient and which system is more effective? Be entirely specific by way of response.
Video Clips
1. “AMERICA GETS A CONSTITUTION” (). THIS PRESENTATION IS AVAILABLE AT: ICS/CONSTITUTION/.
What was the identity crisis of the United States after the Declaration of Independence? What was life in American society like during the era of the Articles of Confederation and Perpetual Union? Describe Shays’s Rebellion of 1786. What was the result of the Philadelphia Convention? Explain.
2. “U.S. Constitution” (C-). This presentation is available at: video/?194055-1/us-constitution.
How many delegates to the Philadelphia Convention signed the Constitution? Where did they sign the document? What did Chief Justice John Roberts say about the structural rules of the Constitution? What powers were specifically given to each branch of government by the framers? Explain.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (CHECKS AND BALANCES). ASK STUDENTS TO RESEARCH AND DISCUSS THE SUBJECT OF SENATE CONFIRMATION OF FEDERAL JUDGES. EXPLAIN TO THEM HOW THE PROCESS HAS EVOLVED, ESPECIALLY WITH REGARD TO PRESIDENTIAL NOMINATIONS TO THE SUPREME COURT. UTILIZE JUDGE MERRICK GARLAND BY WAY OF ILLUSTRATION.
2. How It Works: In Practice (Checks and Balances in the War on Terror). Discuss the history and evolution of the Guantánamo Bay detention center in Cuba. Ask students to reflect on this military installation. Should it be closed or should it remain open? Why?
Chapter 3 Federalism
CHAPTER GOALS
1. DEFINE FEDERALISM AND EXPLAIN ITS SIGNIFICANCE.
2. Explain what the Constitution says about federalism.
3. Trace the major shifts in state and federal government power over time.
4. Describe the major trends and debates in federalism today.
5. Analyze the arguments for and against a strong federal government.
Outline
STATES OR THE FEDERAL GOVERNMENT: WHO’S GOT THE POWER?
2010 Affordable Care Act (ACA) [CON-2, CON-4]
Obamacare [CON-2, CON-4]
Supreme Court [CON-2]
Chief Justice John Roberts [CON-2]
What is federalism and why does it matter?
Federalism [CON-2]
Sovereign power [CON-2]
Intergovernmental relations [CON-2]
Levels of government and their degrees of autonomy
Public safety [LOR-2, LOR-3]
Police powers [LOR-2]
Concurrent powers [CON-2]
Local government [CON-2]
A comparative perspective
Unitary government [CON-2]
Confederal government [CON-1]
Articles of Confederation [CON-1]
Intergovernmental organizations [CON-2]
Balancing national and state power in the Constitution
Articles of Confederation [CON-1]
A strong national government
Article I [CON-3]
Necessary and proper clause [CON-2]
National supremacy clause [CON-2]
State powers and limits on national power
Article II [CON-4]
Electoral College [PRD-2]
Article V [CON-1, CON-2]
Constitutional Convention [CON-1]
Interstate commerce [CON-2]
Article I [CON-3]
Tenth Amendment [CON-2]
Bill of Rights [LOR-2]
Eleventh Amendment [CON-2]
Antifederalists [CON-1]
Article III [CON-2]
Federalists [CON-1]
Clauses that favor both perspectives
Article IV [CON-2]
Full faith and credit clause [CON-2]
Privileges and immunities clause [CON-2]
Defense of Marriage Act (DOMA) [CON-2]
The evolving concept of federalism
The early years
The Federalists [CON-1]
Democratic-Republicans [PMI-5]
Establishing National Supremacy
McCulloch v. Maryland (1819) [CON-2]
Gibbons v. Ogden (1824) [CON-2]
Supreme Court [CON-2]
The Emergence of States’ Rights
States’ rights [CON-2]
Tariffs [CON-2]
Nullification [CON-2]
Dual federalism
Dred Scott [CON-2]
Dual federalism [CON-2]
Fourteenth Amendment [PRD-1, CON-6]
Commerce clause [CON-2]
The Marshall Court versus the Taney Court
Dual federalism [CON-2]
Necessary and proper clause [CON-2]
Implied powers [CON-2]
McCulloch v. Maryland [CON-2]
Barron v. Baltimore (1833) [LOR-3]
Fifth Amendment [MPA-3]
Dred Scott and Civil War
Thirteenth Amendment [CON-1]
Fourteenth Amendment [PRD-1, CON-6]
Fifteenth Amendment [MPA-3]
The Supreme Court and limited national government
Fourteenth Amendment [PRD-1, CON-6]
Dual federalism [CON-2]
Bill of Rights [LOR-2]
Jim Crow laws [CON-6]
Sherman Antitrust Act (1890) [PMI-4]
Laissez-faire [PMI-4]
Interstate commerce [CON-2]
Intrastate commerce [CON-2]
Commerce clause [CON-2]
Antiregulation [PMI-4]
Cooperative federalism
Supreme Court [CON-2]
Dual federalism [CON-2]
Shifting national–state relations
Cooperative federalism [CON-2]
Marble cake federalism [CON-2]
Layer cake federalism [CON-2]
Picket fence federalism [CON-2]
Federalism today
Era of balanced federalism [CON-2]
Cooperative federalism lives on: fiscal federalism
Fiscal federalism [CON-2]
Dual federalism [CON-2]
Grants in aid
Categorical grants [CON-2]
Coercive federalism [CON-2]
Block grants [CON-2]
Cooperative federalism [CON-2]
Block grants [CON-2]
Gross domestic product (GDP) [CON-2]
New Federalism
New federalism [CON-2]
Richard Nixon [CON-2]
Ronald Reagan [CON-2]
Antifederalists [CON-1]
Categorical grants [CON-2]
Block grants [CON-2]
Personal Responsibility and Work Opportunity Act (1996) [CON-2]
Temporary Assistance to Needy Families (TANF) [CON-2]
Prison Litigation Reform Act (1996) [CON-2]
Unfunded Mandate Reform Act (1995) [CON-2]
Unfunded mandates [CON-2]
Congressional Budget Office [CON-2]
The rise of coercive federalism
Rights revolution [CON-2]
Great Society programs [CON-2]
Crisis and war
Dual federalism [CON-2]
Department of Homeland Security [CON-2]
The “rights revolution” and Great Society programs
Rights revolution [CON-2]
Great Society program [CON-2]
Desegregation [CON-2]
Civil rights [PMI-3]
Voting Rights Act (1965) [PRD-1]
Justice Department [CON-4]
Civil Rights Act (1964) [PRD-1]
Elementary and Secondary Education Act (1965) [CON-2]
Other shifts toward national supremacy
Categorical grants [CON-2]
Coercive federalism [CON-2]
Federal regulations [CON-2]
Mandates [CON-2]
Clean Air and Clean Water Acts [CON-2]
Americans with Disabilities Act [CON-2]
Motor Voter Act [CON-2]
National supremacy clause [CON-2]
Federal preemptions [CON-2]
Unfunded mandates [CON-2]
George W. Bush [CON-2]
Balanced federalism [CON-2]
The states fight back
Carbon cap-and-trade programs [CON-2]
Tea Party [PMI-5]
Competitive federalism
Competitive federalism [CON-2]
Race to the bottom [CON-2]
Medicaid [CON-2]
Fighting for states’ rights: the role of the modern Supreme Court
Dual federalism [CON-2]
Cooperative federalism [CON-2]
The Tenth Amendment
Tenth Amendment [CON-2]
Fourteenth Amendment [CON-2]
The Fourteenth Amendment
Fourteenth Amendment [CON-2]
Literacy tests [CON-2]
Religious Freedom Restoration Act (1997) [CON-2]
Remedial legislation [CON-2]
Eleventh Amendment [CON-2]
States’ sovereign immunity [CON-2]
Equal sovereignty [CON-2]
The Commerce Clause
Gun-Free School Zones Act (1990) [CON-2]
United States v. Lopez (1995) [CON-2]
Violence Against Women Act (1994) [CON-2]
Equal protection clause [PRD-1]
Cruel and unusual punishment [LOR-2]
Eighth Amendment [LOR-2]
ADA [CON-2]
Age Discrimination in Employment Act [CON-2]
Fourteenth Amendment [CON-2]
Assessing federalism
Ideological complexities
Liberal [PMI-4]
Conservative [PMI-4]
Precedent [CON-5]
Advantages of a strong role for the states
TANF block grant [CON-2]
Devolved [CON-2]
Statehouse democracy [CON-2]
Cooperative federalism [CON-2]
Competitive federalism [CON-2]
Race to the bottom [CON-2]
Disadvantages of too much state power
Conclusion
In-Class Questions and Writing Prompts
{66}
1. Define “federalism.”
{67}
2. Define “concurrent powers.”
3. Explain why local governments are not autonomous.
4. Identify three national government powers.
5. Identify three state government powers.
6. Identify three concurrent powers.
7. Identify three powers denied to the national government.
8. Identify three powers denied to state governments.
{67–68}
9. Identify five areas of responsibility in which the national government has distinct powers.
10. Identify five areas of responsibility in which state and local governments have primary responsibility.
11. Identify five areas of responsibility in which the different levels of government have concurrent powers.
12. Identify three areas of responsibility in which powers are denied to the national government.
13. Identify three areas of responsibility in which powers are denied to state governments.
{68}
14. Define “unitary government.”
15. Define “confederal government.”
16. Identify the type of government that is the most common among world governments.
{69}
17. Identify which government office is the commander in chief.
18. Identify which branch of government has the power to raise and support armies.
19. Identify which branch of government has the power to declare war.
20. Describe the national supremacy clause.
21. Explain how the supremacy clause affects federalism in the United States.
{70}
22. Identify the level of government that has the power to choose electors for the Electoral College.
23. Explain how the Electoral College process for proposing amendments reflects the nature of federalism.
24. Describe the two methods that can be used to propose amendments to the Constitution.
25. Describe two ways in which Congress is limited in regulating interstate commerce.
26. Explain the Tenth Amendment’s effect on the extent of states’ rights.
27. Explain how the Eleventh Amendment affected state sovereignty.
28. Describe the full faith and credit clause.
29. Explain how the full faith and credit clause affects state sovereignty.
{70–71}
30. Describe the privileges and immunities clause.
31. Explain how the privileges and immunities clause favors a nation-centered perspective.
32. Explain one advantage and one disadvantage of the privileges and immunities clause.
{71}
33. Describe one exception to the privileges and immunities clause.
{72}
34. Explain how the decision in McCulloch v. Maryland (1819) affected the balance of power between states and the national government.
35. Identify the congressional power that was central in the Gibbons v. Ogden (1824) case.
{74}
36. Describe the major holding and the significance for states’ rights in McCulloch v. Maryland (1819).
37. Describe the major holding and the significance for states’ rights in Barron v. Baltimore (1833).
38. Describe the major holding and the significance for states’ rights in Dred Scott v. Sandford (1857).
39. Define “dual federalism.”
40. Explain how the Dred Scott v. Sandford (1857) violated the Fifth Amendment.
{75}
41. Identify the amendment that banned slavery.
42. Identify the amendment that prohibited states from denying due process or equal protection of the laws.
43. Identify the amendment that gave male slaves the right to vote.
44. Explain why the Fourteenth Amendment was so important in terms of federalism.
45. Define “laissez-faire economics.”
46. Explain the difference between intrastate and interstate commerce.
{76}
47. Explain how the Seventeenth Amendment affected the power of states.
{76–77}
48. Define “cooperative federalism.”
49. Explain how dual federalism differs from marble cake federalism.
50. Explain how the Great Depression was a factor that led to marble cake federalism.
51. Describe picket fence federalism.
{78}
52. Describe coercive federalism.
{79}
53. Compare and contrast dual federalism, cooperative federalism, and picket fence federalism.
{80}
54. Define “fiscal federalism.”
55. Explain how fiscal federalism affects state sovereignty.
56. Define “New Federalism.”
{81}
57. Define “categorical grants.”
58. Define “block grants.”
59. Explain one advantage and one disadvantage of categorical grants.
60. Explain one advantage and one disadvantage of block grants.
61. Describe the main purpose of New Federalism.
62. Explain how the Unfunded Mandate Reform Act of 1995 affected the relationship between the national and state governments.
{82}
63. Describe how much the federal government is helping states in terms of grants.
64. Describe the trend in state/local spending as a percentage of GDP.
65. Describe the trend in grant spending.
66. Identify the level of government whose rate of increase in spending as a percentage of GDP was greater in general from 1947 to 2016.
{83}
67. Identify three events in the twentieth and twenty-first centuries that affected the balance of power between states and the federal government.
{84}
68. Explain how the 1965 Voting Rights Act affected state sovereignty.
69. Define “coercive federalism.”
70. Describe the main purpose of the Americans with Disabilities Act.
71. Explain one reason why states do not like unfunded mandates.
72. Define “federal preemptions.”
73. Explain the effect that terrorism has had on the balance between state and federal power.
{85}
74. Identify the level of government that Americans most trust.
{86}
75. Identify three areas in which states have taken the lead on initiating policies.
76. Identify three areas in which states have attempted to curb national power and protect their more conservative policies.
77. Define “competitive federalism.”
78. Explain one advantage and one disadvantage of competitive federalism.
{87}
79. Explain why the control of public schools is a state power and not a federal power.
80. Explain how federal government is able to supersede the power of the states in the arena of controlling public schools.
81. Define “remedial legislation.”
82. Define “states’ sovereign immunity.”
{88}
83. Describe the major holding and the significance for states’ rights in United States v. Lopez (1995).
84. Describe the major holding and the significance for states’ rights in United States v. Morrison (2000).
85. Describe the major holding and the significance for states’ rights in Alabama v. Garrett (2001).
86. Describe the major holding and the significance for states’ rights in United States v. Windsor (2013).
{88–89}
87. Identify the clause of the Constitution Congress used to justify passing the Gun-Free School Zones Act of 1990.
88. Describe the major ruling of the United States v. Lopez (1995) case.
89. Identify the clause of the Constitution Congress used to justify passing the Violence Against Women Act of 1994.
{91}
90. Define “statehouse democracy.”
91. Describe four policy areas in which traditional liberals favor strong national power.
{92}
92. Describe the main purpose of the Compassionate Use Act (1996).
93. Describe the main purpose of the Death with Dignity Act (1997).
94. Describe the major holding and the significance for states’ rights in the Supreme Court ruling concerning the Compassionate Use Act (1996).
95. Describe the major holding and the significance for states’ rights in the Supreme Court ruling concerning the Death with Dignity Act (1997).
{91–93}
96. Explain four advantages of a strong role for the states.
{93}
97. Identify the level of state spending per person that is least common among the states.
98. Explain two advantages of living in a high-spending state.
99. Explain two disadvantages of living in a high-spending state.
{93–94}
100. Explain three disadvantages of too much state power.
Stumbling Blocks
{68–70}
Students may have a difficult time understanding the concept of federalism and contrasting it with a unitary government. Students need to understand that federalism involves different levels of government where each level has certain powers that cannot be taken away by any other level of government. In a federalist system, there are also certain powers that are shared (concurrent), such as the power of taxation in the United States. For a better understanding of federalism, it is important to contrast federalism with unitary and confederal types of government. A unitary government, the most common form of government, may have different levels of government just like in a federal system, but in the former, the national government can give powers to the lower levels of government and take them away at will. In the latter, there are certain reserved powers that the national government cannot remove from the states. Students sometimes are under the misconception that since the national government has all the power, it is not a democracy, but it should be pointed out that most democracies have a unitary system, and though Russia and Nigeria constitutionally are federal, they do not necessarily act that way and, in fact, do not rank very high on many measures of democracy.
As this chapter shows, federalism in the American context has undergone many changes throughout the country’s history. The National and State Responsibilities (Nuts & Bolt 3.1) table provides students with a good foundational understanding of the basic distribution of powers between the states and the federal government. Students should be made aware that the necessary and proper (elastic) clause, the supremacy clause, the Tenth Amendment, and their various interpretations by three branches of government have made American federalism a dynamic model of federal versus state powers.
Although AP® U.S. Government and Politics is not a history course, some historical understanding is important when reading about the origins of federalism. Students sometimes confuse the Federalist Party, which favored a strong national government, with the proponents of the Federalist Papers, who favored the passage of the U.S. Constitution.
{70–71}
Students often confuse the full faith and credit clause and the privileges and immunities clause. The examples in the text will help clarify the two. With regard to the full faith and credit clause, starting off with the issue of gay marriage will not be helpful, as this was an issue that only recently evolved into a marital arrangement that had to be legally recognized by all 50 states. Other examples include citizens having to honor contracts, such as paying back loans, made in one state even if they have moved to another. If a couple gets divorced in one state and then moves to another, the people do not have to file for divorce again. Other examples of privileges and immunities include receiving the same police and fire protection, unemployment benefits, and sales tax rates regardless of what state they actually live in. It is also important to know that there are exceptions to these clauses, which are discussed in the text.
{73–89}
Though the dual federalism section of this chapters includes important Supreme Court cases, especially McCulloch v. Maryland (1819), students should not lose sight of the main point: the federal government did not de facto gain the supremacy that it has until the twentieth century. Throughout this reading, students should pay attention to the influence of the commerce clause and how that influenced the growing power of the national government and how Congress has, at times, overstepped its boundaries using this clause (for example, United States v. Lopez [1995]).
{84}
In general, students should recognize that the relationship between the states and the federal government is an ongoing struggle and that because of the supremacy clause and the equal rights protection afforded by the Fourteenth Amendment, the federal government seems to have the upper hand and can coerce the states to make decisions that really are exclusive state powers. This is pointed out on page 84 with the example of the federal government making all states have a uniform drinking age of 21 by threatening to withdraw highway funds for states that did not comply.
{91–94}
As is usual with so many topics in politics, there is not one correct answer. Although you and the students might have specific views on how strong state or federal power should be, the evaluation section at the end of the chapter will force the reader to see the positives and negatives of both viewpoints.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE FOUNDERS SELECTED A SYSTEM OF FEDERALISM FOR THE UNITED STATES, ALLOCATING POWER TO THE FEDERAL GOVERNMENT AND THE STATES (5-POINT RUBRIC).
A. Describe government sovereignty under a system of unitary government. 1 point for each description [Definition of confederation/confederal system may be enough, if the definition also addresses which government(s) is/are sovereign in this system.]
B. Describe government sovereignty under a confederal system of government. 1 point for each description [Definition of confederation/confederal system may be enough, if the definition also addresses which government(s) is/are sovereign in this system.]
C. Explain how power is distributed across the federal and state governments under each of the following models of federalism. 1 point for each explanation, 3 total points. [A definition of each is insufficient—the student needs to be sure to discuss how power is allocated under each of these models to earn the point.]
a. Dual federalism
b. Picket fence federalism
c. Cooperative federalism
2) The American system of federalism often sees struggles for power between the federal government and the states (5-point rubric).
A. Describe three clauses in the U.S. Constitution that have been used to expand the power of Congress. 1 point for each explanation, 2 total points [Students do not need to name the clause as long as they describe it correctly. There are many from which to choose, from the key terms list as well as others.]
B. Explain how a U.S. Supreme Court decision has expanded the power of the federal government at the expense of the states. 1 point for explanation [Students need to articulate what the decision says in the selected case and explain how that expanded federal government power at the expense of the states.]
C. Explain how a U.S. Supreme Court decision has expanded the power of states at the expense of the federal government. 1 point for explanation [Students need to articulate what the decision says in the selected case and explain how that expanded state power at the expense of the federal government.]
Essential Questions and Objectives
1. ANALYZE HOW INTERPRETATIONS OF THE BALANCE OF POWER BETWEEN NATIONAL AND STATE GOVERNMENTS HAVE CHANGED OVER TIME.
2. Describe the attitude of Federalists and Antifederalists toward central government and democracy, and explain how these views are written into in U.S. foundational documents.
3. What is the relationship between key provisions of the articles of confederation and the debate over giving the federal government greater power previously allocated to the states?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
The process by which federal officials provide money to the states is very important. Whether a categorical grant, block grant, or unfunded mandate, the rules that govern how the money can be spent have enormous implications on public policy and jurisprudence. Split the class into small groups and have them discuss the following question: Keeping in mind that states and other actors are willing to sue the federal government for perceived infringements on states’ rights, what is the best way for federal officials to get state officials to perform specific tasks without risking giving the states too much power and without provoking legal action?
After the groups share their answers, have the class pick the best solution that was offered. Then split students back into the same groups and have them react to the winning strategy from the state’s point of view. How would states deal with this “best strategy”? End this discussion with an emphasis on how examining issues from different perspectives can influence all of us when pondering public policy issues.
Activity 2: Political Process Matters
In the 1980s, federal leaders encouraged and prompted state lawmakers to change the drinking age to 21 in their states by tying federal highway money for the states to a drinking age of 21 in that state. In the early 1980s, over 25 states allowed 18- or 19-year-olds to drink. By 1996, all states had laws that established the legal drinking age at 21 years of age. Have the class get into small groups and discuss ideas about what kinds of laws that vary by state (for example, the speed limit, gun control, and programs governing health care) they would like to change by utilizing an incentive such as highway funding. Afterward, have a full class discussion about the process by which their proposed changes might occur. Additionally, have students consider whether they have chosen to alter concurrent powers or powers specifically enumerated to federal or state governments.
Activity 3: Politics Is Everywhere
One political issue area in which the devolution revolution has reversed in recent years is national security. After September 11, 2001, national leaders federalized airport security. Have students share as many federal requirements that now accompany them to the airport. Examples ought to include the following:
• People are no longer able to park close to the terminal.
• No liquids of more than 3 ounces can pass through security.
• People must take off their shoes at security.
• Passengers must have a photo ID to get through security.
• People cannot carry scissors, guns, knives, or fingernail clippers onto airplanes.
• Some people might be on the “terror watch list.”
• Travelers cannot lock checked suitcases.
Activity 4: Gun Violence in America
After the massacre of twenty children and six educators at Sandy Hook Elementary School in Newtown, CT, in 2012, there were a number of proposals in Congress to regulate guns. None of them passed at the time. Similar proposals ensued after mass shootings in San Bernardino, CA, and Orlando, FL. Should the states have the authority to regulate guns or is this a matter for national legislators to address? Stage a forum about this important policy question in class.
Discussion Questions
1. AS NOTED IN THE TEXT AND IN CLASS, FEDERAL OFFICIALS CAN TRY TO GET THEIR WAY BY USING A VARIETY OF STRATEGIES, INCLUDING “ENCOURAGING” STATES TO FOLLOW CONGRESS’S WILL BY TYING HIGHWAY FUNDING TO OTHER POLICIES LIKE THE DRINKING AGE, SUPPLYING CATEGORICAL GRANTS THAT FORCE STATES TO SPEND MONEY IN PARTICULAR WAYS, AND FORCING STATES TO DEAL WITH UNFUNDED MANDATES. WHICH OF THESE STRATEGIES DO STUDENTS FIND MOST EFFECTIVE? ARE ANY OR ALL OF THESE STRATEGIES FAIR TO THE STATES? EXPLAIN.
2. In past decades, many analysts contend that Republicans supported devolution to the states while Democrats championed a strong federal government. How have party officials changed their views on the relationship between the federal and state governments? Cite some specific illustrations by way of response.
3. Since devolution may encourage a “race to the bottom” when it comes to states administering programs for citizens experiencing severe economic inequalities, should federal officials play a more proactive role in trying to reduce these inequalities? If so, how? If not, why not?
4. It should be clear by now that the makeup of the Supreme Court matters a great deal when it comes to matters of how federalism works in the United States. What kinds of constitutional questions might this generation ask of the justices when it comes to issues of federalism?
5. What does the necessary and proper clause mean to students? How would they apply the necessary and proper clause to real world political debates today?
Video Clips
1. “SYSTEMS OF GOVERNMENT: UNITARY, FEDERAL, AND CONFEDERAL.” THIS PRESENTATION IS AVAILABLE AT: ’ZU3DHMFMQBW.
What are the differences between a unitary, confederal, and federal form of government? Provide examples of each form of government from across the world.
2. “Supreme Court and Federalism” (C-). This presentation is available at: video/?c40442/clip-supreme-court-federalism.
This clip includes a discussion and analysis of McCulloch v. Maryland (1819). What are the background facts of McCulloch? What was the conflict between the federal government and the state of Maryland? How was the conflict resolved by Chief Justice John Marshall and the justices of the Supreme Court? Explain.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (VERSIONS OF FEDERALISM). ASK STUDENTS TO ANALYZE THE JURISPRUDENCE OF BOTH CHIEF JUSTICE JOHN MARSHALL AND CHIEF JUSTICE ROGER TANEY. WHY WERE THESE JURISTS SO FUNDAMENTALLY DIFFERENT WHEN IT CAME TO INTERPRETING THE FEDERAL CONSTITUTION? WHAT LESSONS CAN BE EXTRACTED FROM THEM THAT CAN BE APPLIED TO CONTEMPORARY POLITICS?
2. How It Works: In Practice (Federalism and Environmental Policy). Climate change is considered by many scientists to be a paramount issue in the early twenty-first century. Would climate change be better addressed by the states or the federal government? Explain and be entirely specific by way of response.
Chapter 4 Civil Liberties
CHAPTER GOALS
1. DEFINE WHAT WE MEAN BY CIVIL LIBERTIES.
2. Explain why the Bill of Rights was added to the Constitution and how it came to apply to the states.
3. Describe the First Amendment rights related to freedom of religion.
4. Describe the major First Amendment rights related to freedom of speech.
5. Explore why the Second Amendment’s meaning on gun rights is often debated.
6. Describe the protections provided for people accused of a crime.
7. Explain why the rights associated with privacy are often controversial.
Outline
IT’S A FREE COUNTRY . . . RIGHT?
Defining civil liberties
Civil rights [LOR-2]
Civil liberties [LOR-2]
Bill of Rights [LOR-2]
Balancing interests
Civil rights [LOR-2]
Civil liberties [LOR-2]
Due process [LOR-2]
Freedom of expression [LOR-2]
Freedom of religion [LOR-2]
Freedom of assembly [LOR-2]
Freedom to petition [LOR-2]
Freedom of the press [LOR-2]
Free exercise [LOR-2]
Establishment clause [LOR-2]
Drawing lines
First Amendment [LOR-2]
Freedom of speech [LOR-2]
Establishment of religion [LOR-2]
Freedom of the press [LOR-2]
Unreasonable searches and seizures [LOR-3]
The origins of civil liberties
Origins of the Bill of Rights
Habeas corpus rights [CON-1]
Bills of attainder [CON-1]
Ex post facto laws [CON-1]
Antifederalists [CON-1]
Bill of Rights [LOR-2]
First through Tenth Amendments [LOR-2]
Selective incorporation and the Fourteenth Amendment
Fourteenth Amendment [LOR-3]
Due process clause [LOR-3]
Evolving interpretations by the Supreme Court
Barron v. Baltimore (1833) [LOR-3]
Fifth Amendment [LOR-2]
Fourteenth Amendment [LOR-3]
Compensation clause [LOR-3]
Gitlow v. New York (1925) [LOR-3]
Applying civil liberties to the states
Selective incorporation [LOR-3]
Freedom of religion
Establishment clause [LOR-2]
Free exercise clause [LOR-2]
The establishment clause and separation of church and state
Establishment clause [LOR-2]
School prayer
Engel v. Vitale (1926) [LOR-2]
Coercion test [LOR-2]
Aid to religious organizations
Lemon test [LOR-2]
Lemon v. Kurtzman (1971) [LOR-2]
The free exercise clause
Freedom of religion [LOR-2]
Wisconsin v. Yoder (1972) [LOR-2]
Free exercise clause [LOR-2]
Religious Freedom Restoration Act (1993) [LOR-2, CON-2]
Freedom of speech, assembly, and the press
Generally protected expression
First Amendment [LOR-2]
Standards for protection
Strict scrutiny [CON-5]
Judicial review [CON-5]
Intermediate scrutiny [CON-5]
Political speech
Freedom of speech [LOR-2]
Schenck v. United States [LOR-2]
First Amendment [LOR-2]
Clear and present danger test [LOR-2]
Direct incitement test [LOR-2]
Symbolic speech
Symbolic speech [LOR-2]
Flag Protection Act of 1989 [LOR-2]
Intermediate scrutiny [CON-5]
Money as speech
First Amendment [PRD-2]
Bipartisan Campaign Reform Act [PRD-2]
First Amendment [PRD-2]
Soft money [PRD-2]
Hate speech
Hate speech [LOR-2]
First Amendment [LOR-2]
Anti-Defamation League [LOR-2]
Leadership Conference on Civil Rights [PRD-1]
National Organization for Women [PRD-1]
Freedom of assembly
Heckler’s veto [LOR-2]
Reasonableness standard [LOR-2]
Freedom of the press
First Amendment [LOR-2]
Freedom of the press [LOR-2]
Prior restraint [LOR-2]
Pentagon Papers case [LOR-2]
Less-protected speech and publications
Fighting words
Fighting words [LOR-2]
Slander and libel
Slander [LOR-2]
Libel [LOR-2]
First Amendment [LOR-2]
Commercial speech
Commercial speech [PRD-2]
First Amendment [PRD-2]
Obscenity
Miller test [LOR-2]
Child Online Protection Act (1998) [LOR-2]
The right to bear arms
Second Amendment [LOR-2, LOR-3]
National Rifle Association [LOR-3]
Gun control laws [CON-2, LOR-2, LOR-3]
McDonald v. Chicago (2010) [LOR-3]
Law, order, and the rights of criminal defendants
Due process rights [LOR-3]
Fourth, Fifth, Sixth, and Eighth Amendments [LOR-2]
Unreasonable searches and seizures [LOR-3]
The Fourth Amendment: unreasonable searches and seizures
Fourth Amendment [LOR-3]
Searches and warrants
Reasonable suspicion [LOR-3]
In loco parentis [LOR-3]
Patriot Act of 2001 [LOR-3]
Sneak and peek [LOR-3]
Probable cause [LOR-3]
Justice Antonin Scalia [LOR-3]
The exclusionary rule
Mapp v. Ohio (1961) [LOR-3]
Exclusionary rule [LOR-3]
First Amendment [LOR-2]
Fourth Amendment [LOR-3]
Illegal searches and seizures [LOR-3]
Good faith exception [LOR-3]
Independent source exception [LOR-3]
Justice Sonia Sotomayor [CON-5]
Drug testing
Fourth Amendment [LOR-3]
The Post–September 11 politics of domestic surveillance
NSA (National Security Agency) [PMI-2]
CIA (Central Intelligence Agency) [PMI-2]
Foreign Intelligence Surveillance Act of 1978 (FISA) [PMI-2]
Privacy Act of 1974 [PMI-2]
Justice Department [PMI-2]
Government Accountability Office [PMI-2]
The Fifth Amendment
Miranda rights and self-incrimination
Miranda rights [LOR-2, PMI-4]
Double jeopardy
Double jeopardy [LOR-2]
Property rights
Eminent domain [LOR-2]
Takings clause [LOR-2]
Endangered Species Act of 1973 [LOR-2]
The Sixth Amendment: the right to legal counsel and a jury trial
Gideon v. Wainwright (1963) [LOR-3]
Criminal Justice Act of 1964 [LOR-2, PMI-4]
Federal Speedy Trial Act of 1967 [LOR-2, PMI-4]
The Eighth Amendment: cruel and unusual punishment
Cruel and unusual punishments [LOR-2]
Supreme Court rulings on the death penalty
Privacy rights
Privacy rights [LOR-3]
Griswold v. Connecticut (1965) [LOR-3]
Abortion rights
Roe v. Wade (1973) [LOR-3]
Trimester [LOR-3]
Gay rights
Bowers v. Hardwick (1968) [LOR-2]
Lawrence v. Texas (2003) [LOR-2]
Due process [LOR-3]
Conclusion
In-class Questions and Writing Prompts
{100}
1. Define “civil liberties.”
2. Explain three differences between civil liberties and civil rights.
3. Identify the two constitutional sources for civil liberties.
4. Identify the main constitutional source for civil rights.
{102}
5. Identify five freedoms protected by the First Amendment.
{103}
6. Describe the Supreme Court’s position on school prayer.
7. Describe the Supreme Court’s position on town board members who start their meetings with a prayer.
8. Identify the First Amendment clause that Kim Davis used when she refused to issue marriage licenses to same-sex couples.
9. Explain why the courts ruled against her.
{103–104}
10. Explain why the Supreme Court has banned school prayer.
11. Explain why the Supreme Court has allowed town board members to start their meetings with a prayer.
{104}
12. Define “habeas corpus.”
13. Define “bills of attainder.”
14. Define “ex post facto laws.”
{105}
15. Explain why the Supreme Court decided that police using drug-sniffing dogs without a warrant outside of a person’s home is different from using drug-sniffing dogs in a hotel hallway or a school locker.
16. Identify the level of government to which the Bill of Rights initially applied.
17. Describe the major holding and the significance for civil liberties in the Florida v. Jardines (2013) case.
{106}
18. Identify the amendment that centers around the right to bear arms.
19. Identify the amendment that protects against unreasonable searches and seizures.
20. Define “double jeopardy.”
21. Identify three ways in which the Fifth Amendment provides protections.
22. Identify three rights protected by the Sixth Amendment.
23. Identify three protections afforded by the Eighth Amendment.
24. Explain the purpose of the Ninth Amendment.
25. Explain the purpose of the Tenth Amendment.
{107}
26. Explain the purpose of the Thirteenth Amendment.
27. Explain the purpose of the Fifteenth Amendment.
28. Explain the purpose of the due process clause of the Fourteenth Amendment.
29. Explain why it was felt necessary to include a due process clause in the Fourteenth Amendment even though the same protection was included in the Fifth Amendment.
{108}
30. Explain two reasons why Gitlow v. New York (1952) was a significant (that is, landmark) case.
31. Define “selective incorporation.”
32. Identify which amendment makes selective incorporation possible.
33. Describe the establishment clause.
34. Describe the free exercise clause.
35. Explain what “a wall of eternal separation between church and state” means.
36. Describe the main conclusion of Engel v. Vitale (1962).
37. Describe one legal way that would allow prayers in public schools.
{109}
38. Identify which constitutional issue was incorporated by the Gitlow v. New York (1925) case.
39. Identify which constitutional issue was incorporated by the Gideon v. Wainwright (1963) case.
40. Identify which constitutional issue was incorporated by the McDonald v. Chicago (2010) case.
{111}
41. Describe the three components of the Lemon test.
42. Explain why the third part of the Lemon test has led to conflicting rulings by different courts.
43. Describe the endorsement test.
44. Describe the “three plastic animals rule.”
45. Describe the major outcome of Wisconsin v. Yoder (1972).
46. Explain the main purpose of the Religious Restoration Act (1993).
{113}
47. Explain how the strict scrutiny standard affects freedom of speech.
48. Explain how the intermediate scrutiny standard affects freedom of speech.
{114}
49. Describe the major outcome of Schenck v. United States (1919).
50. Explain how the clear and present danger test has an impact on the right to free speech.
{115}
51. Describe the direct incitement test.
52. Explain why the direct incitement test might be difficult to apply.
{116}
53. Define “symbolic speech.”
54. Explain the connection between symbolic speech and free speech.
55. Explain the purpose of the Flag Protection Act of 1989.
56. Explain why the Supreme Court ruled that it was unconstitutional.
{116–117}
57. Explain how the intermediate scrutiny standard applies to the Vietnam protesters who burned their draft cards.
58. Describe the circumstance under which a presidential candidate gives up the right to spend his or her own money in federal elections.
59. Explain how campaign spending is related to free speech.
{117}
60. Define “hate speech.”
61. Explain one reason why freedom of speech should apply to hate speech.
62. Explain one reason why freedom of speech should not apply to hate speech.
{119}
63. Explain why the Supreme Court allowed a neo-Nazi group to march in Skokie, Illinois.
64. Describe what a “heckler’s veto” is.
{120}
65. Define “prior resistant.”
{121}
66. Identify four categories of speech that may be more easily regulated by the government than political speech.
67. Define the term “fighting words.”
68. Define “slander.”
69. Define “libel.”
70. Explain why it is more difficult to prove libel against a public figure.
71. Describe the criteria a public figure must use to prove libel.
{122}
72. Define “commercial speech.”
73. Identify the three parts of the Miller test.
{124}
74. Identify the right protected by the Second Amendment.
75. Describe how the Supreme Court viewed the Second Amendment from 1791 to 2007.
{125}
76. Describe the major outcome of McDonald v. Chicago (2010).
{126}
77. Describe the executive order that Obama issued in early 2016.
78. Identify four of six due process rights found in the Fourth, Fifth, Sixth, and Eighth Amendments.
{127}
79. Define “in loco parentis.”
80. Explain why school searches may be permitted with a weaker reasonable suspicion.
{128}
81. Identify the Supreme Court case in which the Fourth Amendment was incorporated to the states through the Fourteenth Amendment.
82. Define the exclusionary rule.
83. Describe the major outcome of Mapp v. Ohio (1961).
{129}
84. Describe the good faith exception to the exclusionary rule.
{131}
85. Describe the purpose behind the Miranda rights.
{132}
86. Define “double jeopardy.”
87. Describe two loopholes to the double jeopardy rule.
88. Define “eminent domain.”
89. Explain the justification for eminent domain.
90. Explain the difference between physical takings and regulatory takings.
{133}
91. Describe the major outcome of Gideon v. Wainwright (1963).
92. Identify three rights protected by the Sixth Amendment.
93. Describe the purpose of the Eighth Amendment.
{134}
94. Identify three types of situations in which the Supreme Court has prohibited the death penalty.
{135}
95. Describe the major outcome of the Griswold v. Connecticut (1965) case.
96. Describe the major outcome of the Roe v. Wade (1973) case.
97. Identify three ways that states have restricted abortions.
{136}
98. Identify which states have the most restrictive policies concerning access to abortion.
99. Identify the states in which the mandatory pre-abortion waiting period law has been blocked.
100. Identify the state in which the pre-abortion mandatory waiting period is less than 24 hours.
101. Identify the regions of the country where there are no mandatory pre-abortion waiting periods.
102. Identify the states’ position on pre-abortion mandatory waiting period laws if the states do not have parental notification or consent laws.
{137}
103. Describe the purpose of the personhood amendment to the Mississippi constitution.
104. Describe the major outcome of Bowers v. Hardwick (1986).
105. Describe the major outcome of Lawrence v. Texas (2003).
Stumbling Blocks
{100–105}
Students often confuse civil liberties and civil rights. As this chapter and the next point out, the civil liberties concern freedoms, such as those contained in the First Amendment and other amendments in the Bill of Rights, and civil rights involve issues of discrimination and the equal protection clause of the Fourteenth Amendment. The most important lesson to be learned in this chapter is stated early on: “civil liberties are not absolute.” Reasons for this include changing times, common sense, national security, and the changing composition of the Supreme Court. Students should understand the components of what is protected under the Bill of Rights, but they should also know the limits of protection. Though it is sometimes difficult to understand the reasoning behind the Supreme Court decisions, students should know there are a significant number of Supreme Court justices, though not a majority, who felt the decision should have been different and are confounded that their fellow justices could come up with a different conclusion. With regard to the two cases on page 105, it should be remembered that both cases were 5–4 decisions.
{107–120}
Those new to American politics do not always know that the first ten amendments only offer citizens protections from the federal government. It took the Fourteenth Amendment along with later Supreme Court cases to make select parts of the Bill of Rights applicable to restrictions by the states as well, which is called selective incorporation.
Although the AP® U.S. Government and Politics course only requires that students know two cases regarding religion (Engel v. Vitale [1962] and Wisconsin v. Yoder [1972]) and two cases regarding free expression (Tinker v. Des Moines Independent Community School District [1969] and Schenck v. United States [1919]), the other cases discussed in this chapter are illustrative of how multidimensional these issues are and bring up critiques of the required cases.
[127–131}
During the discussion of searches and warrants, the subject of the relationship between students and school frequently comes up and is one of great interest. Students should understand that this particular set of questions is in many ways a special case and is an exception to the rule. The key phrase to focus on is “in loco parentis.” Students do not typically have the same expectation of privacy in school any more than they do under their parents’ roofs. The 1985 case referred to on page 127 is New Jersey v. T.L.O. and the 2003 case is Safford Unified School District v. Redding, both of which students may wish to explore further, especially regarding their contrast with more straightforward cases, such as Mapp v. Ohio (1961).
{135–137}
Roe v. Wade (1973) is arguably the most controversial of the required U.S. Government and Politics cases. Unlike the other required cases, according to the College Board, “[S]tudents are not expected or required either to agree or disagree with the decision. Teachers should encourage students to be familiar with the legal arguments on both sides of leading constitutional cases and thoughtfully analyze the majority and dissenting opinions in cases relating to states’ rights, the due process clause, and the Bill of Rights.” For examples of leading liberal and conservative scholars debating every clause of the Constitution, students may consult the National Constitution Center’s Interactive Constitution at interactive-constitution.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE U.S. CONSTITUTION GUARANTEES KEY FREEDOMS FOR CITIZENS, THOUGH THE SCOPE OF THESE FREEDOMS HAS CHANGED OVER TIME. (5-POINT RUBRIC)
A. Explain how judicial review allows the U.S. Supreme Court to expand or restrict civil liberties. 1 point for explanation [Students will need to demonstrate what judicial review means and then articulate how the Court can change civil liberties through interpreting the U.S. Constitution.]
B. Describe how the U.S. Supreme Court expanded civil liberties in each of the following decisions. 1 point for each description, 3 total points [Describing the holding in each case may be enough to earn the point, as long as the student articulates how this increases civil liberties afforded to citizens.]
a. Roe v. Wade
b. Miranda v. Arizona
C. Describe how each of the following terms is related to limitations on civil liberties. 1 point for each description, 3 total points [Describing what the Supreme Court has said about each of these may be enough to earn the point, as long as the student articulates how this limits civil liberties afforded to citizens by constraining the First Amendment. Students do not need to identify the associated Supreme Court decision to earn the point.]
a. Fighting words
b. Clear and present danger rule
2) Many constitutionally protected civil liberties are included in the Bill of Rights, but others exist due to the interpretation of the Constitution by the U.S. Supreme Court. (5-point rubric)
A. Identify two civil liberties that are included in the First Amendment to the U.S. Constitution. 1 point for each identification, 2 total points [These are fairly straightforward, and a list is sufficient because the “identify” threshold is low.]
B. Describe two due process civil liberties that are included in the Bill of Rights. 1 point for each description, 2 total points [A description of each civil liberty is sufficient here. Students do not need to identify the relevant amendment to earn the point, and students may describe two different civil liberties from the same amendment as long as they describe them separately.]
C. Explain how the U.S. Supreme Court has expanded civil liberties beyond those explicitly listed in the U.S. Constitution. 1 point for explanation [The student needs to identify a civil liberty that is not explicitly listed in the Constitution but has been protected by the Court. For example, the right to privacy or right to marriage would be a civil liberty that students could use to earn a point, with a correct explanation.]
Essential Questions and Objectives
1. HOW DOES THE SUPREME COURT INTERPRET THE FIRST AND SECOND AMENDMENTS? TO WHAT DEGREE DO THESE INTERPRETATIONS SHOW A COMMITMENT TO INDIVIDUAL LIBERTY?
2. Describe the efforts the Supreme Court has made to protect both individual freedom and the laws and enforcement procedures that endorse public order and safety.
3. What does the concept of selective incorporation imply about the power of the federal government concerning states’ lawmaking abilities?
4. How does the U.S. Constitution protect the liberties and rights of the individual?
5. What individual rights are outlined and protected in the Bill of Rights?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
This activity is designed to show how different civil liberty issues can create different political coalitions. Have students fill out a short survey asking them the following:
Circle one option for each statement below.
• I consider myself pro-choice or pro-life.
• I favor or oppose same-sex marriage.
• I think flag burning is or is not constitutional.
• I think that the press should or should not be able to publish negative information about the government.
• I think that the press should or should not publish negative information about the government that makes the United States look bad to terrorists.
• It is or is not constitutional for someone to express racist views.
• School prayer should or should not be allowed in public schools.
• The rights of the accused are or are not more important than finding the truth.
Next, have students move to one side of the room if they selected the first option on the first question and to the other side of the room if they answered the second option to the first question. Then, have them move based on the option they chose to the second question and so forth. In most cases, students are moving fast and furiously back and forth depending on the question.
Activity 2: Political Process Matters
Instructors should pick some of the students to put on short demonstrations for the rest of the class. Have students pretend that they are at a church that is serving food to the homeless. For the first skit, tell the class that the church is receiving federal grant money that is used for the soup kitchen program.
Have one student play the role of the soup server, one play the role of the homeless person coming to the church for the soup, and a third student play the role of the pastor of the church.
In the first skit, have the homeless character go through the soup line where the volunteer server mentions that, in the next room, there is a small group meeting about to begin for people interested in the church. After the homeless character gets through the line, the pastor of the church also mentions that there is an optional meeting that is about to begin for people who might be interested in the church.
In the second skit, have the soup volunteer tell the homeless person that she or he must eat the soup in the room where the meeting about the church is taking place. Then, have the pastor escort the homeless character to the room.
Have students discuss whether one or both of these skits involve an “excessive entanglement with religion.” In the first skit, the process by which the church uses federal money is one where officials do not compel the recipient of the food to attend a church meeting. In the second, federal money is still used for the food, but attendance at a church meeting is required. The second skit is the one that most likely involves an excessive entanglement with religion. The first skit may involve an entanglement, but it certainly is not as excessive as the second one. Also, have students discuss whether the second skit (where federal money is used for church purposes) is tantamount to the government’s establishment of religion.
Finally, mention to students that if, in the second skit, the church did not use federal funds for their soup kitchen, the church would not be guilty of violating the First Amendment since the federal government was not involved.
Activity 3: Politics Is Everywhere
The age of the Internet is changing how federal judges and citizens think about civil liberties, especially the First Amendment. Divide students into small groups and have them discuss how traditional interpretations of freedom of speech, the press, assembly, and religion might be different in the era of instantaneous information that is available on the Internet.
Activity 4: Debating Civil Liberties
Discuss the background and context of Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), otherwise known as the Pledge of Allegiance case. Does the Pledge of Allegiance violate the establishment clause of the First Amendment? Why or why not?
Discussion Questions
1. WHAT IS OUR MOST IMPORTANT CIVIL LIBERTY IN THE UNITED STATES? WHY IS THIS THE CASE? IS LIBERTY BEING THREATENED TODAY? WHY OR WHY NOT?
2. Some contend that the American criminal justice system has a tendency to focus on a fair court process for the accused rather than on finding the truth no matter what. Is this allegation concrete? Why or why not?
3. Many contemporary civil liberties discussions focus on the issue of torture. Some political actors argue that the limited use of torture on suspected terrorists is a legitimate tactic to save lives. Others argue that torture provides unreliable information and is inhumane as well. What do students think and why?
4. Benjamin Franklin once said, “Those who would sacrifice liberty for security deserve neither.” Is Franklin’s claim relevant in America of the post–September 11, 2001, time period? Why or why not?
5. Ask students if money in political campaigns is a form of protected speech. Does Congress under the Constitution have the ability to regulate the flow of money in federal political campaigns? Why or why not?
Video Clips
1. “HABEAS CORPUS: THE GUANTÁNAMO CASES” (ANNENBERG CLASSROOM). THIS PRESENTATION IS AVAILABLE AT: WWW.PAGE/HABEAS-CORPUS-THE-GUANTANAMO-CASES.
Ask students to define habeas corpus and what they learned about the following cases: Hamdi v. Rumsfeld (2004), Rasul v. Bush (2004), Hamdan v. Rumsfeld (2006), and Boumediene v. Bush (2008).
2. “Conversation on the Constitution: Miranda v. Arizona (1966)” (Annenberg Classroom). This presentation is available at: page/conversation-on-the-constitution-miranda-v-arizona.
Discuss the Fifth Amendment’s protection against self-incrimination and the Sixth Amendment’s right to an attorney. Help students understand the importance of selective incorporation and the expansion of civil liberties in the 1960s via the judiciary.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (THE FIRST AMENDMENT). ASK STUDENTS IF THEY CAN ENVISION A SCENARIO WHEN RESTRICTING ANY FIRST AMENDMENT RIGHTS MIGHT BE PLAUSIBLE. TRY TO ENCOURAGE THEM TO BE AS SPECIFIC AS POSSIBLE BY WAY OF RESPONSE.
2. How It Works: In Practice (Balancing Interests and Drawing Lines: Government and Religion). Discuss Engel v. Vitale, 370 U.S. 421 (1962), otherwise known as the voluntary school prayer case. Did the Supreme Court justices decide this case in a prudent manner? Why or why not?
Chapter 5 Civil Rights
CHAPTER GOALS
1. DESCRIBE THE HISTORICAL STRUGGLES GROUPS HAVE FACED IN WINNING CIVIL RIGHTS.
2. Analyze inequality among racial, ethnic, and social groups today.
3. Explain the approaches used to bring about change in civil rights policies.
4. Examine affirmative action and other ongoing civil rights issues.
Outline
YOU CAN’T DISCRIMINATE AGAINST ME . . . RIGHT?
The context of civil rights
African Americans
Slavery and its impact
Scott v. Sandford [LOR-2, CON-5]
Thirteenth, Fourteenth, and Fifteenth Amendments [PRD-1]
Voting rights
Disenfranchised [MPA-3]
Poll taxes [MPA-3]
Literacy tests [MPA-3]
Grandfather clause [MPA-3]
White primary [MPA-3]
Jim Crow
Jim Crow laws [MPA-3]
Plessy v. Ferguson [PMI-3]
Separate but equal [PMI-3]
Brown v. Board of Education (1954) [PMI-3]
Brown v. Board of Education II (1955) [PMI-3]
Native Americans, Latinos, and Asian Americans
Latinos’ relative lack of political clout [PMI-1]
Civil Liberties Act [MPA-3]
Women and civil rights
Protectionism [CON-5]
Fourteenth Amendment [CON-5]
Gays and lesbians
Stonewall rebellions [CON-6]
Public support for gay rights, gay marriage, and adoption [MPA-2, PMI-4]
The racial divide today
Discriminatory treatment
Equal Employment Opportunity Commission [PMI-2]
Differences in voting access
Voter turnout trends [MPA-3]
Practices and institutions that specifically depress minority-voter turnout [MPA-3]
Socioeconomic indicators
Various patterns, trends, and gaps and their causes [MPA-2]
Environmental racism [MPA-1]
Criminal justice and hate crimes
Stop and frisk [LOR-2]
Race-related hate crimes [LOR-2]
Key players in the conflict over civil rights
Nineteenth Amendment [MPA-3]
Social movements
Sit-ins [PMI-5]
Nonviolent protest
Desegregation [PMI-3]
Letter from Birmingham jail [CON-6]
“I Have a Dream” speech [CON-6]
Protest today
Mass demonstrations [PMI-5]
Occupy Wall Street movement [PMI-5]
Tea Party movement [PMI-5]
The courts
Challenging “separate but equal” in education
NAACP [CON-6]
Thurgood Marshall [CON-6]
Challenges to separate but equal [CON-6]
Brown v. Board of Education I [PMI-3]
Equal protection (Fourteenth Amendment) [PRD-1]
Chief Justice Earl Warren [CON-5, LOR-2, PRD-1]
The push to desegregate schools
Brown v. Board of Education II and its effects [PMI-3]
De jure segregation [PMI-3]
De facto segregation [PMI-3]
Busing [PMI-3]
White flight [CON-6]
Color-blind approach [PMI-3]
Expanding civil rights
Voting Rights Act [MPA-3]
Civil Rights Act (1964) [MPA-3]
Disparate impact standard of discrimination [MPA-3]
The color-blind court and judicial activism
Color-blind jurisprudence [PMI-3]
Shaw v. Reno [CON-3]
Black majority districts [CON-3]
Coverage formula [CON-3]
Preclearance provision [MPA-3]
Judicial activism [CON-5]
Women’s rights
Fourteenth Amendment [PRD-1]
Rational basis test [CON-6]
Strict scrutiny [CON-6]
Intermediate scrutiny test [CON-6]
Affirmative action [PMI-3]
Sexual harassment [CON-6]
Liddy Ledbetter Fair Pay Act (2009) [PMI-3]
Class-action lawsuit [CON-6]
Gay rights
Bowers v. Hardwick (1986) [LOR-2, CON-5]
Defense of Marriage Act [CON-5]
Fifth Amendment [LOR-2]
Due process [LOR-2, LOR-3]
Obergefell v. Hodges (2015) [LOR-3, CON-5]
Congress
Key early legislation
Civil Rights Act of 1964 and its effects
Voting Rights Act of 1965 and its effects [MPA-3]
Protections for women
Title IX of the education amendments [PRD-1]
Equal Rights Amendment [PRD-1]
Protections for the disabled and for gay rights
American with Disabilities Act (1990) [CON-2]
Defense of Marriage Act (1996) [CON-2]
Matthew Shepard and James Byrd Jr. Hate Crimes Preventions Act [CON-2]
The president
“Don’t ask, don’t tell” [CON-4]
“Don’t Ask, Don’t Tell Repeal Act of 2010” [CON-4, LOR-2]
Cabinet-level appointments [CON-4]
Bully pulpit [CON-4]
Civil rights issues today
Direction of civil rights movement in twenty-first century [PMI-5]
NAACP [PMI-5]
Congressional black caucus [PMI-5]
Affirmative action
Civil Rights Act of 1964 [MPA-3]
Affirmative action [PMI-3]
Regents of the University of California v. Bakke (1978) [PMI-3]
Racial quotas and the plus factor [CON-6]
Reverse discrimination [CON-6]
Multicultural issues
English as official language [MPA-3]
Affirmative action [PMI-3]
Immigration laws [CON-5]
Public opinion [MPA-2, PMI-4]
Supremacy clause [CON-2]
Conclusion
In-Class Questions and Writing Prompts
{145}
1. Identify two functions of the U.S. Commission on Civil Rights.
2. Identify two types of government actions the commission might investigate.
3. Define “civil rights.”
4. Define “civil liberties.”
{146}
5. Identify the main purpose of the Missouri Compromise of 1820.
6. Describe the purpose of the Underground Railroad.
7. Describe the main purpose of the Fugitive Slave Act.
8. Describe the main purpose of the Compromise of 1850.
9. Describe the major decision of Scott v. Sandford (1857).
{147}
10. Identify the main provision of the Thirteenth Amendment.
11. Identify one of the main provisions of the Fourteenth Amendment.
12. Identify the main provision of the Fifteenth Amendment.
13. Define “disenfranchised.”
14. Define “grandfather clause.”
15. Identify three ways blacks were denied the right to vote.
16. Define “white primary.”
17. Define “Jim Crow laws.”
{147}
18. Describe three provisions of Jim Crow laws.
19. Identify the major provision of Plessy v. Ferguson (1896).
{148}
20. Identify what previous legal precedent Brown v. Board of Education I (1954) overturned.
21. Identify the major provision of Brown v. Board of Education II (1955).
{149}
22. Explain one of the two reasons why Latinos have less political clout than African Americans.
23. Identify the political party to which most Latinos are loyal.
24. Identify the political party to which a majority of Cuban Americans are a member.
25. Identify what group was paid reparation in the 1988 Civil Liberties Act signed by President Reagan.
26. Define the Nineteenth Amendment.
{150}
27. Describe three legal barriers facing women until the early twentieth century.
28. Define “protectionism.”
29. Describe the outcome of the Supreme Court against Myra Bradwell.
{150–151}
30. Identify what the Stonewall Rebellion was protesting.
{151}
31. Describe in general terms how public opinion has changed since 1993 with respect to gays serving openly in the military.
{153}
32. Identify three practices that have been used to make it more difficult for minorities to vote.
33. Explain the effects of requiring photo IDs on voting participation.
{154}
34. Compare the poverty rate of black and Hispanic families compared to white families.
35. Compare black adult male unemployment levels with white adult male unemployment levels.
36. Identify three measures of health on which there is a gap between whites and blacks.
37. Define “environmental racism.”
{159}
38. Identify the amendment that gave women the right to vote.
39. Identify the Supreme Court case that struck down segregation in public schools.
40. Describe the purpose of the Montgomery Bus Boycott.
{160}
41. Provide one example of nonviolent protest.
{162}
42. Explain what the city of Birmingham did to avoid integration of public facilities.
43. Describe the four steps of nonviolent campaign outlined by Martin Luther King Jr.
{163}
44. Describe the main purpose behind the Occupy Wall Street movement.
45. Describe the original purpose of the Tea Party movement.
{163–164}
46. Explain why the NAACP sued the University of Maryland.
{164}
47. Identify the amendment to the Constitution that was applied to Brown v. Board of Education I (1954).
48. Identify what previous Supreme Court case Brown v. Board I (1954) overturned.
49. Identify the Supreme Court chief justice who presided over the two Brown v. Board of Education cases.
50. Explain what the chief justice did to ensure a unanimous ruling on Brown v. Board Education.
{165}
51. Explain how the southern states interpreted the term “all deliberate speed.”
52. Define “de jure segregation.”
53. Define “de facto segregation.”
54. Explain the purpose of busing.
55. Define “white flight.”
56. Identify two other arenas in which civil rights were expanded in the 1960s.
57. Explain how Congress used the commerce clause to expand civil rights.
{165–166}
58. Define the disparate impact standard of discrimination.
{166–167}
59. Describe the major issue in Shaw v. Reno (1993).
{167}
60. Explain what the Supreme Court meant when it “ruled that black majority districts are legal as long as they are ‘done right.’ ”
61. Define “coverage formula.”
62. Define “preclearance.”
{167–168}
63. Identify the conditions of the rational basis test.
64. Identify the conditions of the strict scrutiny test.
65. Identify the intermediate scrutiny test.
66. Identify the clause of the Fourteenth Amendment that the Virginia Military Institute’s male-only admission policy violated.
{168–169}
67. Explain why Lilly Ledbetter was suing Goodyear Tire & Rubber Company.
{172}
68. Describe the major ruling in Bowers v. Hardwick (1986).
69. Define the substantive due process doctrine.
70. Describe the landmark ruling in Obergefell v. Hodges (2015).
71. Explain why President Kennedy “was slow to sell civil rights legislation.”
{173}
72. Identify three of the major components of the Civil Rights Act.
73. Identify two of the functions of the Voting Rights Act of 1965.
74. Describe how the Voting Rights Act of 1965 affected black voters’ registration in seven southern states originally covered by the act.
75. Describe the major purpose of the Fair Housing Act of 1968.
76. Describe the purpose of Title VII of the Civil Rights Act.
77. Explain one of the reasons why the National Organization of Women (NOW) was formed.
78. Identify where Title IX of the Education Amendments had the greatest impact.
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79. Explain why the Supreme Court overturned part of the Violence Against Women Act.
80. Identify the law that was passed “to prevent workplace discrimination and to provide access to public facilities” for the disabled.
81. Provide two examples of how this law had made life easier for those who are disabled.
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82. Describe the major purpose of DOMA.
83. Under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (2004), identify five groups that are covered by hate crimes.
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84. Describe the purpose behind the “don’t ask, don’t tell” policy.
85. Describe the purpose behind the “Don’t Ask, Don’t Tell Repeal Act of 2010.”
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86. Identify the first Latina of the Supreme Court.
87. Explain why the appointment of Sonia Sotomayor is historic.
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88. Describe one of the three main perspectives in the debate over the likely direction of the civil rights movement in the twenty-first century.
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89. Define “affirmative action.”
90. Explain the purpose of a “plus factor” in admissions or hiring decisions.
91. Define “quotas” in the context of affirmative action.
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92. Describe the main purpose behind California’s Proposition 209 in 1996.
93. Describe the major issue in the Regents of the University of California v. Bakke (1978) case.
Questions to Accompany Charts, Graphs, and Pictures
FIGURE 5.1
1. Describe one trend for non-Latino whites in turnout for U.S. presidential elections.
2. Describe one trend for blacks in turnout for U.S. presidential elections.
3. Describe one trend for Latinos in turnout for U.S. presidential elections.
4. Describe one trend for Asians in turnout for U.S. presidential elections.
5. Compare and contrast the non-Latino white turnout to the black turnout.
6. Explain one possible reason for the similarity and one reason for the difference between non-Latino and black turnout.
7. Explain two ways that state governments could increase voter turnout.
8. Identify the amendments the national government could use for ensuring that states are treating all races the same.
9. Identify the part of the Constitution that explains why election turnout is a state and not a federal issue.
Figure 5.5
1. Identify the states in which the ratio of women’s earnings to men’s is the lowest.
2. Explain what the U.S. average of 82.5 means.
3. The ratios in each state are based on median earnings. Define what “median” means. Explain how median differs from mean and mode.
4. Explain how and why using the average salary in each state would change the map.
5. Identify which ratio range is the median.
6. Identify which ratio range is the mode.
7. Explain why a woman in North Dakota might be earning more than a woman in South Dakota.
8. Explain why a woman in North Dakota might earn more than a man in California despite the higher ratio in California compared to North Dakota.
9. Explain one way that affirmative action could be used to increase the ratios.
10. Explain how President Obama’s executive order in 2016 mentioned on page 169 will affect workplace discrimination.
11. Explain what an executive order is.
12. Explain one advantage of the use of executive orders.
13. Explain one disadvantage of executive orders.
Stumbling Blocks
ONE OF THE BIGGEST CHALLENGES FOR AP® U.S. GOVERNMENT AND POLITICS TEACHERS IS HELPING STUDENTS UNDERSTAND THAT POLITICAL ISSUES ARE VERY COMPLICATED, THAT ISSUES ARE RARELY BLACK AND WHITE, AND THAT THERE ARE MANY SIDES TO UNDERSTANDING. IT IS ALSO IMPORTANT THAT STUDENTS UNDERSTAND THE DIFFERENCE BETWEEN UNDERSTANDING AN ISSUE OR CONCEPT AND AGREEING WITH IT. STUDENTS MIGHT COME TO THIS COURSE WITH STRONG BELIEFS, OR THEY MIGHT BE NOVICES. IN EITHER CASE, IT IS INCUMBENT ON THE AP® U.S. GOVERNMENT AND POLITICS STUDENT TO LEARN THE FACTS ON ALL SIDES OF THE ISSUES AND FORMULATE ARGUMENTS AND COUNTERARGUMENTS BASED ON THESE FACTS. IT IS IMPORTANT FOR STUDENTS TO REMEMBER THE OFT-QUOTED WORDS OF DANIEL PATRICK MOYNIHAN: “YOU ARE ENTITLED TO YOUR OWN OPINION, BUT NOT YOUR OWN FACTS.”
What compounds the problem for students in political science and in other social science courses is this: common sense will often let them down. Many concepts are counter-intuitive and require the students to think deeply to understand—especially when the concept goes against what it is easier (but incorrect) to understand. In Thinking, Fast and Slow, Daniel Kahneman explains that, in effect, there are two ways of thinking—what he calls System I and System II. System I lends itself more to commonsense and quick thinking and has helped humans survive (for example, running away from explosions, deciding if a situation is dangerous or not, judging whether to trust a stranger, and so on). System I is not always correct, but more often than not, it errs on the side of caution. Humans have not had as much time to adapt to the thinking found in System II, which involves slower, deeper consideration of a concept from many angles and is required for the learning that students do in school. Anyone who has not taken political science courses, regardless of age, might be subject to relying too much on System I rather than System II when it comes to understanding and analyzing politics.
Each chapter will point out some of the areas where students will have to slow down and engage System II and be careful not to rely on System I.
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Although it is important that the students read the four scenarios in the beginning of the chapter, consider discussing these scenarios in depth after the students have finished reading the chapter.
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Students often get confused between civil rights and civil liberties, but if they have read Chapter 4 before this chapter, it will be easier for them to keep this distinction clear.
{145–147, 159–163}
Except as noted on the important terms lists, it is not necessary for students to dwell on the historical aspects of the struggles, but they should appreciate the influence this long history has had on voting participation, political socialization, discrimination, civil rights legislation, and many other issues.
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Students sometimes treat different minority groups more monolithically than they should. Though there are some similarities, there are also important differences. Special attention should be paid to pointing out that within the Hispanic community, there are significant differences in political attitudes between Mexican Americans and Cuban Americans.
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If you have not already done so, explain to the students that examples can be used to support statistical trends, but this exercise is different from using anecdotal evidence to form unsubstantiated trends. Student misperceptions based on personal experience or anecdotal evidence will create what psychologists call cognitive dissonance and make it harder for students to unlearn wrong information and replace it with correct information. For example, years ago a student denied vehemently that the historically Jewish people tend to support the Democratic Party since he was Jewish and all in his family were supporters of the Republican Party. I had to explain to him that a trend or generalization is different from an absolute. The personal example on page 152 is a good example of how a story can illustrate a particular trend or event.
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Of all the civil rights concerns, the issue of gay rights is probably the one that is in most flux, which points to another lesson students should learn: everything is in flux and fluctuating at different rates. Though AP® U.S. Government and Politics is not a Current Events course, students and teachers should try to stay abreast of evolving issues—if for no other reason than to have more examples to use in answering free-response questions. Of course, being informed is a duty of being a good citizen.
NOTE: It is important that students have a basic understanding of statistics (please see questions for Figure 5.5) and understand what percentages mean and don’t mean. For example, on page 154, it mentions that “nearly three times as many black families are below the poverty line as white families,” which can lead to the wrong conclusion that there are more black families than white families in poverty. The percentages deal with the percentage of their race group and not of the entire population.
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Students should read through the different hate crime cases discussed, but they should be careful not to get too weighed down under all of the details. Students should get a general sense of the cases and the cases’ implications with regard to civil rights. They should also pay attention to the trends and statistics that are discussed throughout the chapter.
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A great website for learning more about Supreme Court cases is . For every case, it presents the “Facts of the Case,” the important constitutional questions raised by the case, and the outcome of the case. The website also includes the concurring and dissenting opinions and, in some cases, audio of the oral arguments. As a way to introduce the cases, teachers may want to ask students the questions contained in the “Question” section, and let the students discuss how they think the justices have responded. Since there is usually disagreement among the justices, students who did not get the “right” answers with regard to the majority opinion might find their answers in one or more of the dissenting or even concurring opinions.
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Please note that some textbooks call black-majority districts minority-majority districts.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) CIVIL RIGHTS FOR VARIOUS GROUPS HAVE EXPANDED AND LIMITED OVER TIME. (4-POINT RUBRIC)
A. Define “affirmative action.” 1 point for defining the term
B. Explain how affirmative action expands opportunities for members of a minority group. 1 point for explanation [It will be difficult to earn this point if the student does not earn the A point, as knowing what affirmative action is will be central to getting this point. Students need to articulate why affirmative action would allow members of a minority group to have more opportunities than would exist without it.]
C. Compare de facto and de jure segregation in the United States. 1 point for comparing these terms [Students must articulate what de facto and de jure segregation are. A compare point could be earned by discussing similarities or differences. A correct definition of each might be enough to articulate how these are similar or different.]
D. Explain how the Jim Crow laws limited civil rights. 1 point for explanation [To earn the explain point, students must first demonstrate knowledge of what the Jim Crow laws were and then articulate how they were used to limit the civil rights of African Americans.]
2) Actions taken by Congress and the U.S. Supreme Court’s interpretation of the Constitution have expanded civil rights over time. (6-point rubric)
A. Describe two pieces of legislation enacted by Congress that expanded civil rights. 1 point for each description, 2 total points [Students can answer this by discussing any law passed by Congress tied to the expansion of civil rights for any group. For example, students could discuss the Civil Rights Act of 1964, the Americans with Disabilities Act, creation of the EEOC, or other legislation expanding the rights of LGBTQ citizens or women.]
B. Describe two amendments to the U.S. Constitution that expanded civil rights. 1 point for each description, 2 total points [This is similar to part A, except this must be an amendment to the U.S. Constitution. Students can discuss any of the civil rights amendments or those that expanded suffrage.]
C. Explain how two U.S. Supreme Court decisions expanded civil rights. 1 point for each explanation, 2 total points [The threshold here is higher than for parts A and B, as these are “explain” points rather than “describe.” To earn the point, the student needs to identify a relevant Supreme Court decision and then articulate how that decision resulted in the expansion of civil rights for a group. The Brown I and II decisions are notable examples, but there are many others.]
Essential Questions and Objectives
1. HOW DOES THE DUE PROCESS CLAUSE PROTECT INDIVIDUAL RIGHTS?
2. How has the Court permitted infringement on the civil rights of minority groups? At other times, how has the Court protected those rights?
3. How has the government responded to social movements?
4. How have constitutional provisions supported and driven social movements?
5. Describe the voting rights safeguards in the Constitution and in legislation.
6. Describe the different models of voting behavior.
7. What role do personal choice and state laws play in voter turnout in elections?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Giving students a week to do research and prepare their arguments, assign students in teams of two to a position in favor of or opposing affirmative action. Students will write a short (three pages) paper arguing in favor of their position. Then, students will exchange their paper with students who wrote a paper advocating the opposite position. Next, each team of students writes a one-page critique of their “debate opponents’ ” paper. Finally, each team writes a one-page rebuttal of the critique offered by their opponents. Once all students have completed the assignment, lead a discussion where students explain what they believed to be the best arguments in favor of and in opposition to affirmative action.
Activity 2: Political Process Matters
Begin class by forcing all students wearing red to the back of the class. During class, only call on students sitting at the front of the class. Talk quietly at times, imparting valuable information to those sitting up front and keeping those in back from receiving the messages. Finally, call for a classroom vote on whether grades should be distributed based on where one sits in class—high grades to those sitting up front, low grades to those sitting in the back. When the folks in the back get to the front, give them a literacy test that is extremely challenging (perhaps ask them to define 10 challenging dictionary words). If they fail, inform them that they can vote if they can pay the poll tax of $50. If they cannot pay, allow them to vote if their grandfathers went to your school. Lead a discussion where students who sat in the back of class describe how they felt being shuttled to the back, left out of important information, and disenfranchised at the ballot box.
Activity 3: Politics Is Everywhere
Have the class examine the National Association for the Advancement of Colored People’s (NAACP) recent news releases at news/press/index.htm. Lead a class discussion focusing on the wide range of issues (for example, promoting voting rights, the annual NAACP convention, and speeches by prominent politicians) to which NAACP officials are calling attention. Have students think about why NAACP representatives are concerned with such a wide variety of issues that do not all necessarily have anything obvious to do with civil rights.
Activity 4: Should Public Opinion Lead Public Policy on Civil Rights?
Have students examine public opinion polling on gay marriage (civil.htm). Note that American attitudes about this civil rights struggle have shifted just in the last several years. Have students discuss whether changes in public opinion are necessary for changes in civil rights or should be necessary for those same changes.
Discussion Questions
1. HAS SOCIETY PROGRESSED ENOUGH THAT WE SHOULD NOT BE AS WORRIED ABOUT DISCRIMINATION BASED ON RACE, GENDER, SEXUAL ORIENTATION, OR AGE?
2. The various legal classifications that govern whether or not the government can limit rights based on things like race, gender, and sexual orientation all come with particular legal tests. As the authors point out, when rights are denied on the basis of race under the law, they are reviewed with strict scrutiny under a suspect classification where a compelling state interest must be at stake for the law to be constitutional. Solicit opinions as to what a compelling state interest should mean according to students.
3. What is the next great civil rights struggle in the United States? Why?
4. Should universities consider race or gender as factors when deciding to admit students? Why or why not?
5. Which institution of government should have the primary responsibility of promoting civil rights in America? Be sure to urge students to explain why they believe this to be the case.
Video Clips
1. “NON-VIOLENCE WAS KEY TO CIVIL RIGHTS MOVEMENT” (VOICE OF AMERICA). THIS PRESENTATION IS AVAILABLE AT: WWW.CONTENT/NONVIOLENCEKEY-TO-CIVIL-RIGHTS-MOVEMENT/1737280.HTML.
Have students learn more about an aspect of the civil rights movement of the 1950s and 1960s, including the philosophy of nonviolence.
2. “Brown v. Board of Education” (PBS). This presentation is available at: ’TTGHLdr-iak.
Have students read the unanimous opinion written in this case by Chief Justice Earl Warren. What were Chief Justice Warren’s legal and sociological arguments against the old separate-but-equal doctrine? As a class, discuss this very significant case and event in American history.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (CIVIL RIGHTS). ASK STUDENTS TO ANALYZE THE THREE JUDICIAL TESTS PRESENTED (STRICT SCRUTINY, INTERMEDIATE SCRUTINY, AND RATIONAL BASIS). ARE THESE JUDICIAL TESTS PRECISE OR COULD THEY BE DESCRIBED AS AMBIGUOUS? WHY? ARE THE TESTS REASONABLE? EXPLAIN. IN THIS DISCUSSION, TRY TO ASSIST STUDENTS IN UNDERSTANDING THE REALITY THAT JUDICIAL TESTS SUCH AS THE THREE IN QUESTION ARE SUBJECTIVE AND TYPICALLY RESULT IN DIFFERENTIAL INTERPRETATIONS.
2. How It Works: In Practice (Evaluating Discrimination Cases). Discuss the two University of Michigan affirmative action cases: Gratz v. Bollinger, 539 U.S. 244 (2003), and Grutter v. Bollinger, 539 U.S. 306 (2003). Did the justices in the majority in both cases apply the strict scrutiny test in a reasonable manner? Why or why not?
Chapter 6 Public Opinion
CHAPTER GOALS
1. DEFINE PUBLIC OPINION AND EXPLAIN WHY IT MATTERS IN AMERICAN POLITICS.
2. Explain how people form political attitudes and opinions.
3. Describe the basic survey methods and potential issues affecting accuracy.
4. Present findings on what Americans think about government and why it matters.
Outline
DO POLITICIANS LISTEN TO THE PEOPLE? SHOULD THEY?
What is public opinion?
Public opinion [MPA-1]
There are different kinds of opinion
Party identification [PMI-4]
Liberal ideology [PMI-4]
Conservative ideology [PMI-4]
Many opinions are latent
Latent opinions [MPA-1]
How people form opinions
Considerations [PMI-4]
Republican [PMI-4]
Democrat [PMI-4]
Personal knowledge and considerations
Where do opinions come from?
Socialization: families and communities
Political socialization [MPA-1]
Homogeneous community [MPA-1]
Events
Group identity
Cohort effects [MPA-1]
Politicians and other political actors
Immigration reform [MPA-1]
Gun control [MPA-1]
Measuring public opinion
Mass surveys [MPA-2]
Population [MPA-2]
Samples [MPA-2]
Sampling error [MPA-2]
Margin of error [MPA-2]
Focus groups [MPA-2]
Issue scale [MPA-2]
Problems in measuring public opinion
Random sample [MPA-2]
Sample size [MPA-2]
Reliable respondents [MPA-2]
Sampling error [MPA-2]
Issues with survey methods
Random sample [MPA-2]
Push polls [MPA-2]
Unreliable respondents
The accuracy of public opinion
Obamacare [MPA-2]
Contested truths [MPA-2]
How useful are surveys?
What Americans think about politics
Ideological polarization
Ideology (liberal-moderate-conservative) [PMI-4]
Party identification (Republican-Independent-Democrat) [PMI-4]
Ideological polarization [PMI-4]
Evaluations of government and officeholders
Political trust [PMI-4]
Political efficacy [PMI-4]
Policy preferences
Policy mood [PMI-4]
Public opinion is relevant
Public opinion can influence government
Conclusion
In-Class Questions and Writing Prompts
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1. Define “public opinion.”
2. Discuss three reasons why public opinion matters.
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3. Describe the two different types of opinions.
4. Explain why ideology and party identification are examples of stable opinions.
5. Define “latent opinions.”
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6. Identify four pieces of relevant information that people use when making political opinions.
7. Explain how evaluations of the state of the economy affect attitudes about immigration.
8. Describe the trend in President Obama’s approval rating over most of his presidency.
9. Describe the trend in President Obama’s disapproval rating over most of his presidency.
10. Identify three factors that might account for President Obama’s approval rating fluctuations.
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11. Describe the two trends regarding the most important problem facing the United States.
12. Explain why the views on terrorism changed after November 13, 2015.
13. Explain two ways that U. S. politicians would respond after the Paris attacks.
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14. Describe how most Americans form an opinion on a political question.
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15. Define “political socialization.”
16. Identify the source of where many people’s political opinions start.
17. Identify four sources that help to socialize people’s political beliefs.
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18. Provide an example of how personal experiences can affect political decisions.
19. Identify what types of people are more likely to change their opinions.
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20. Explain what cohort effects are.
21. Identify four social categories that influence individuals’ opinions.
22. Describe two trends on the graph on the left in Figure 6.3.
23. Describe four trends on the graph on the right in Figure 6.3.
24. Explain one reason why support for same-sex marriage is likely to increase in the future.
25. Explain one reason why support for same-sex marriage is likely to decrease in the future.
26. Compare the relative position of the four trends on the graph on the right in Figure 6.3.
27. Explain one reason for the relative position of the four trends on the graph on the right in Figure 6.3.
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28. Identify which age group is likely to favor preferences in hiring blacks.
29. Identify which ethnic group is least likely to agree that abortions are OK if a woman wants one for any reason.
30. Explain why this ethnic group might be so unlikely to agree that abortions are OK if a woman wants one for any reason.
31. Identify which level of education cohort is least likely to be OK with allowing an anti-American Muslim cleric to speak.
32. Describe two potential problems with the General Social Survey in Table 6.1.
33. Describe two aspects of conducting statistics that the General Social Survey probably did correctly.
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34. Define “mass surveys.”
35. Define the statistical term “population.”
36. Define the statistical term “sample.”
37. Define “sampling error.”
38. Describe what happens to the sampling error when the sample size increases.
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39. Identify an alternative technique for measuring public opinion.
40. Define “focus groups.”
41. Describe the purpose of an issue scale.
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42. Identify five factors to consider when constructing a survey or reading a survey.
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43. Define “random sample.”
44. Explain two problems associated with collecting a random sample.
45. Explain the purpose of push polls.
46. Describe the social desirability bias.
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47. Explain three problems associated with conducting surveys.
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48. Define “ideological polarization.”
49. Identify three types of groups in the electorate who hold consistent ideological beliefs.
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50. Describe three trends in the top graph on page 212.
51. Using evidence from the graphs on page 212, explain if polarization has increased or decreased from 1970 to 2014.
52. Explain what the political typology reveals about divisions with each major political party.
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53. Define “political trust.”
54. Define “political efficacy.”
55. Explain the relationship between political trust and the state of the economy.
56. Explain why low levels of public trust in government are a problem.
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57. Explain how the perception that government is wasteful and inefficient affects the ability to enact new policies.
58. Explain how the decline in trust can affect the rise of the Tea Party organization and candidates, such as Donald Trump and Bernie Sanders.
59. Describe what has happened from 1987 to 2016 to the view of people who agree that government is wasteful and inefficient.
60. Describe what has happened from 1987 to 2016 to the view of the people who agree that government is run for the benefit of the people.
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61. Explain two reasons why people’s perception with regard to the government and ensuring safe food and medicine is considerably higher than their perception with regard to government and managing the immigration system.
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62. Identify four of the consistently top priorities of Americans over the last several decades.
63. Identify what new priority has become of major concern in recent years.
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64. Explain why terrorism, the economy, and jobs are higher priorities than global warming and global trade.
65. Explain two ways in which these policy priorities will affect legislation proposals.
Stumbling Blocks
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Students who enter an introductory political science course—especially students with strong political opinions—often find it challenging to gain a good understanding of different political opinions and ideologies without being clouded and prejudiced by their preconceived notions. It must be stressed that believing a political viewpoint is different from understanding a political viewpoint and that having a strong belief is not academically substantial if one does not first have a strong understanding of what he or she and the other sides believe. Students should heed Bertrand Russell’s advice about learning different strands of philosophies, as it also applies to learning about different political philosophies: “In studying a philosopher, the right attitude is neither reverence nor contempt, but first a kind of hypothetical sympathy, until it is possible to know what it feels like to believe in his theories, and only then a revival of the critical attitude, which should resemble, as far as possible, the state of mind of a person abandoning opinions which he has hitherto held. Contempt interferes with the first part of this process, and reverence with the second.” (A History of Western Philosophy. 1945, 39). Since ideology has often been described as the lens through which people view political events, students need to be aware of ideology’s effect during their reading and studying.
From the author’s own experiences and the experiences of many other teachers, it is easier for the students to gain an understanding of different political perspectives and concepts if the teacher does not make his or her personal opinions known to the students. By not making these opinions public, students have one fewer filtering lens to acknowledge when trying to understand what can often be controversial material.
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Analyzing graphs is an important skill that will take time and practice for students to acquire. One of the main problems people have with reading charts is that they jump in too fast and look at the lines or bars or circles before they read the title or the legend. In other words, the students do not know what they are looking at, and they do not even realize it.
Another problem concerning graph analysis is that students confuse specific data points with trends. Though there is no clear agreement, when considering a trend, students should find at least three or four data points going in a certain direction before they make a conclusion that there is a trend. People also confuse a trend with a forecast or projection. A quick look at a line graph that goes up and then goes down can illustrate that a line starting off in a particular direction will not necessarily continue in that direction. In Nicolas Taleb’s The Black Swan, he modernizes an example originally provided by Bertrand Russell: “Consider a turkey that is fed every day. Every single feeding will firm up the bird’s belief that it is the general rule of life to be fed every day by friendly members of the human race ‘looking out for its best interests,’ as a politician would say. On the afternoon of the Wednesday before Thanksgiving, something unexpected will happen to the turkey. It will incur a revision of belief.” (The Black Swan: The Impact of the Highly Improbable. Random House Publishing Group: 2010, 40.)
Students should also pay special attention to the Nuts & Bolts 6.1, especially in light of all the “predictions” that were wrong in the 2016 presidential election. People failed to take into account the sampling error (margin of error). Predictions can never be 100 percent certain; otherwise, they really would not be predictions but a reporting of events that have occurred.
Mention the word “statistics” to anyone, and he or she will usually bring up how easy it is to lie with statistics and why there is no reason to believe them. Although it is true that there are ways to manipulate statistics—and students should understand what constitutes the proper way to construct surveys and polls—ignoring the possibility that statistics can have veracity is often just a consequence of laziness. Even if there are errors, many times the errors do not greatly affect the outcome. For example, when comparing the gross domestic product (GDP) of a wealthy country with that of a very poor country, even if there have been some problems in collecting the data, the difference in GDP is far too great to be compensated for by those types of errors.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) POLITICAL POLLING IS AN IMPORTANT TOOL FOR MEASURING THE ATTITUDES OF AMERICANS. (4-POINT RUBRIC)
A. Describe how each of the following relates to political polling. 1 point for each description, 3 total points [The student needs to articulate what each of these terms means and how each connects to polling.]
a. Population
b. Sample
c. Margin of error
B. Explain why even a small random sample can be used to accurately measure the attitudes of the entire country. 1 point for explanation [To earn the point, the student needs to first articulate what constitutes a random sample, then explain why the random selection of respondents makes their views representative/accurate estimates of national attitudes.]
2) The political ideology of individuals is shaped by a variety of factors. (5-point rubric)
A. Define the term “political socialization.” 1 point for definition
B. Describe three sources of Americans’ political attitudes. 1 point for each description, 3 total points [Students should articulate the role that three distinct sources play in driving opinion/ideologies. Many of these socializing agents are discussed in the “Where Do Opinions Come From?” section of the chapter.]
C. Explain how liberal and conservative political ideologies differ from one another in the United States. 1 point for explanation [Students need to do more than just define a liberal ideology or conservative ideology. They need to show a clear contrast. For example, students can articulate how liberal and conservative ideologies differ on the role of the federal government.]
Essential Questions and Objectives
1. HOW ARE POLITICAL ATTITUDES AND SOCIALIZATION IMPACTED BY CULTURE?
2. Describe the elements of a scientific poll.
3. Are the claims based on public opinion data reliable? Why or why not?
4. How does U.S. political culture—including values, attitudes, and beliefs—shape public policy over time?
5. How does the due process clause protect individual rights?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
In an activity designed to illuminate how political party labels affect public opinion, have half of the students in class read the following scenario:
The recent downturn in the housing market has created a difficult situation for a significant number of borrowers with subprime mortgages. Some members of Congress have supported legislation that would increase the ability of the Federal Housing Administration to help borrowers refinance their subprime mortgages. Proponents argue that this relief is necessary for borrowers who are unable to sell because the market value of their home has dropped below the amount of their mortgage and that such relief would stabilize the housing market. Opponents argue this proposal uses taxpayer dollars to bail out real estate speculators and individuals who should not have purchased homes.
Do the student participants support this legislation to help borrowers refinance their subprime mortgages?
Have the other half of the class read this scenario:
The recent downturn in the housing market has created a difficult situation for a significant number of borrowers with subprime mortgages. Some members of Congress have supported legislation that would increase the ability of the Federal Housing Administration to help borrowers refinance their subprime mortgages. Democrats argue that this relief is necessary for borrowers who are unable to sell because the market value of their home has dropped below the amount of their mortgage and that such relief would stabilize the housing market. Republicans argue this proposal uses taxpayer dollars to bail out real estate speculators and individuals who should not have purchased homes.
Do the student participants support this legislation to help borrowers refinance their subprime mortgages?
The only difference in the two scenarios is that in the second instance, the supporters/opponents are given partisan labels. After students turn in their papers, have them discuss why they chose the option they chose and ask if having the party label helped them in their decision-making process.
Activity 2: Political Process Matters
This activity is designed to show students how framing and question wording affect public opinion. These scenarios are adapted from Kahneman and Tversky (1982) and from the 2006 Congressional Elections Study conducted by the Center on Congress at Indiana University.
Randomly give half of the class a sheet of paper that provides the following scenarios and asks them the following questions:
1. Imagine a small island nation is preparing for the outbreak of a disease expected to kill 600 people. If program A is adopted, exactly 200 people will be saved. If program B is adopted, there is a 1/3 probability that 600 people will be saved and a 2/3 probability that no people will be saved.
Do students prefer option A or B?
2. All different kinds of people run for president. Some are people that citizens would consider supporting, others people would not support. How many (not which ones, just how many) of the following kinds of presidential candidates would students not be willing to vote for under most circumstances?
• a woman
• a man
• a Muslim
• a Christian
• an African American
• a Mormon
Give the other half of the class a sheet of paper that provides these scenarios and questions:
1. Imagine a small island nation is preparing for the outbreak of a disease expected to kill 600 people. If program A is adopted, exactly 400 people will be killed. If program B is adopted, there is a 1/3 probability that no people will be killed and a 2/3 probability that 600 people will be killed.
Do students prefer option A or B?
2. All different kinds of people run for president. Some are people that citizens would consider supporting, others people would not support. How many (not which ones, just how many) of the following kinds of presidential candidates would students not be willing to vote for under most circumstances?
• a woman
• a man
• a Christian
• an African American
• a Mormon
The instructor will notice that in the second scenario, the framing changes from people being saved to people being killed. The mathematics of each scenario is identical. For instance, in the scenario on sheet 1, if people choose program A, 200 people are saved. On sheet 2, 400 are killed. Of course, on an island of 600, if 200 are saved, 400 are killed, and if 400 are killed, 200 are saved. In other words, each half of the class should be equally likely to pick program A. In reality, given the framing of the two difference scenarios, the support for program A versus B will be very different. The results that are derived speak to the importance of framing when it comes to people’s willingness to take political risks and decide between competing options.
With respect to the second question in each scenario, the goal here is to get students thinking about how honest people are when they answer survey questions via a survey experiment. The only difference in the two sheets of paper for your students is the inclusion of “a Muslim” on the first sheet. When people simply have to pick a number, rather than specifically admit there is a particular kind of person that they would not vote for, they are more likely to express a preference that is not tolerant. If the average number of candidates that students with the first sheet of paper would not vote for as compared to students with the second sheet of paper is higher, it has to be because people were uncomfortable with a Muslim presidential candidate.
Activity 3: Politics Is Everywhere
Go to websites such as , , and and have students critique the polls found on the websites. Have students examine question wording, sample size, and other factors that can affect public opinion surveys. Then, have students log on to and and have them examine the daily poll questions that appear on each website’s front page. How are these polls different from the aforementioned websites? Students should be prepared to discuss the limits of the sample in the web-based poll as one that is not random and is biased to particular kinds of people (people who like politics, people with more liberal views, and people who like sports).
Activity 4: How Is Public Opinion Communicated?
Citizens have access to a great deal of information regarding public opinion. This point can be demonstrated to students, along with the importance of structural rules, by highlighting two prominent websites in presidential elections: electoral- and epolls/2016/president/us/general_election_trump_vs_clinton-5491.html. Both websites provide the discerning reader with a great deal of substantive information (in this example, about the electoral race between Hillary Clinton and Donald Trump). However, one can win the presidency even by losing the popular vote as is what happened with Donald Trump’s victory over Hillary Clinton. Thus, while national public opinion polls in a presidential race are very helpful to understanding the dynamics of the race in question, state-by-state polls may even be more useful because a simple majority of the Electoral College is constitutionally required to capture the presidency.
Discussion Questions
1. ON THE ONE HAND, AMERICANS WANT THEIR REPRESENTATIVES TO BE LEADERS WHO ARE NOT SLAVES TO PUBLIC OPINION. ON THE OTHER HAND, AMERICANS WANT THEIR REPRESENTATIVES TO BE STEWARDS OF THE PUBLIC WILL. WHAT IS THE PROPER ROLE OF PUBLIC OPINION IN OUR REPUBLIC? SHOULD POLITICIANS JUST WORK TO MAKE PUBLIC OPINION A REALITY, OR SHOULD THEY EXERCISE THEIR OWN JUDGMENT IN CONCERT WITH PUBLIC OPINION?
2. Whose opinions should representatives heed when making their decision? Should they listen to the views of the people who voted them into office or the views of all of their constituents regardless of how some of those constituents voted? Should they just listen to the views of the wealthy, the educated, the knowledgeable, independent experts, or their political donors? Explain.
A “Stunned Silence” suggestion:
Do some opinions count more than others in a democratic society? Why?
3. Political scientist V.O. Key famously wrote that “unless mass views have some place in the shaping of policy, all the talk about democracy is nonsense.” Is all the talk about democracy nonsense, or does public opinion affect how things get done?
4. What should politicians do when they are confronted with a situation like President Obama faced on health care reform—a situation in which large majorities of people supported most of the specific ideas that were part of the health care reform package but a majority of the public opposed the overall plan?
5. Why do Americans know little in terms of politics and public affairs? Is this general lack of knowledge a threat to democracy? Why or why not?
Video Clips
1. “CONSTRUCTING PUBLIC OPINION: HOW POLITICIANS AND THE MEDIA MISREPRESENT THE PUBLIC” (CHALLENGING MEDIA). THIS PRESENTATION IS AVAILABLE AT: ’DVODHSMC2QM.
What is the agenda-setting role played by the media? Ask students what they think about the depiction of the Democrats and Republicans in contemporary society. Are elected officials responsive to public opinion? Why or why not?
2. “Responses: Why Low Trust in Polls?” (C-SPAN). This presentation is available at: video/?c4480658/responses.
Do people trust public-opinion polls? Do people trust journalists? Is there a common set of standards with regard to public-opinion polling? What are the implications of deficient polling results? How could pollsters improve their craft? Explain.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (MEASURING WHAT A NATION OF 320 MILLION THINKS: A CHECKLIST). READ THE FOLLOWING ARTICLE AND SHARE THE AUTHOR’S FINDINGS WITH YOUR STUDENTS SO THEY WILL UNDERSTAND THAT BY POLLING 1,000 TO 1,500 ADULTS IN THE UNITED STATES IN THE PROPER SCIENTIFIC MANNER, PUBLIC OPINION CAN BE GAUGED WITH A RELATIVELY SMALL RATE OF ERROR: “WHY THE 1936 LITERARY DIGEST POLL FAILED,” PEVERILL SQUIRE, THE PUBLIC OPINION QUARTERLY, 52:1, 1988, 125–133.
2. How It Works: In Practice (Surveying the 2016 Elections: Two Approaches). Ask students to apply this comparison of Rasmussen Reports to the Pew Research Center to other national polling organizations. Which firms typically render credible results when it comes to public opinion polling? Are there any organizations that typically present flawed data? In either scenario, identify the firms in question and explain why they are either credible or not.
Chapter 7 The Media
CHAPTER GOALS
1. DESCRIBE THE ROLE OF MEDIA IN AMERICAN POLITICS AND HOW PEOPLE GET POLITICAL INFORMATION.
2. Explain how politicians use the media to achieve their goals.
3. Explain how the media influences how people think about politics.
4. Assess whether the media fulfill their role in American democracy.
Outline
DO THE MEDIA MAKE US MORE INFORMED?
Political media today
Mass media [PRD-3]
Historical overview: How did we get here?
The media as watchdog and business
Watchdog [PRD-3]
Yellow journalism [PRD-3]
Regulating the media
Federal Communication Commission (FCC) [PMI-2]
Broadcast media [PRD-3]
Equal time provision [PMI-2]
Deregulation
Deregulation [PMI-2]
Media conglomerates [PMI-5]
Media sources in the twenty-first century
State of the Union address [CON-4]
Where do people get political information?
By-product theory [PMI-5]
How do politicians use the media? How do the media use politicians?
Politicians’ media strategies
On background [PMI-5, PRD-2]
Off the record [PMI-5, PRD-2]
Iowa caucuses [PRD-2]
The pressures on reporters
Leaking [PMI-5]
Bill of Rights [LOR-2]
Clear and present danger test [LOR-2]
Prior restraint [LOR-2]
Democratic National Committee [PMI-5]
How do the media shape politics?
Media effects [PRD-3]
Hostile media effect [PRD-3]
Pundits [PRD-3]
Filtering [PRD-3]
Framing [PRD-3]
Priming [PRD-3]
The impact of media coverage
Filtering and framing
Filtering [PRD-3]
Agenda-setting [PRD-3]
Gatekeeping [PRD-3]
Priming [PRD-3]
Do the media work?
Ideological bias [PRD-3]
Lack of citizen interest
Knowledge gap [PRD-3]
Market forces
Attack journalism [PRD-3]
Horse race [PRD-3]
Soft news [PRD-3]
Hard news [PRD-3]
Conclusion
In-Class Questions and Writing Prompts
{226}
1. Define “mass media.”
2. Define “watchdog.”
{227}
3. Explain how the New York Sun increased circulation.
4. Define “yellow journalism.”
5. Explain why there are federal regulations of the news media.
6. Explain the purpose of the equal time provision.
7. Explain two reasons why the FCC’s limits on ownership and content have been eliminated.
8. Describe two effects of the FCC’s deregulation.
{228}
9. Define “media conglomerates.”
{228–229}
10. Explain one advantage of people attaining their information from the Internet.
11. Explain one disadvantage of people attaining their information from the Internet.
{231}
12. Describe the by-product theory.
{232}
13. Explain what “on background” or “off record” means.
14. Explain why politicians might speak to reporters on background or off record.
15. Explain one way that politicians try to shape public opinion through the media.
{234}
16. Identify one legal hurdle that reporters face as they research stories.
17. Describe and explain the Washington Post’s reaction to Edward Snowden’s request to publish NSA documents that he had downloaded.
{234–235}
18. Describe one way that government officials try to deter leaks without resorting to prior restraint.
19. Describe two reasons why reporters and publishers restrain their stories.
{237}
20. Describe the hostile media effect.
{238}
21. Describe the three major steps for how news makes it to the public.
22. Identify the overall political viewpoint of Fox News.
23. Identify the overall political viewpoint of MSNBC News.
{241}
24. Define “filtering.”
25. Define “framing.”
26. Define “priming.”
27. Explain how public opinion is related to filtering.
{244}
28. Describe the central finding of the political science research on media effects.
29. Explain how the information available on the Internet affects the knowledge gap.
30. Identify one reason why the increased amount of information on the Internet has not produced a better-informed citizenry.
31. Describe one positive effect of the increased competitive pressures for consumers.
32. Describe one negative effect of the increased competitive pressures for consumers.
{247}
33. Define “attack journalism.”
34. Define “horse race.”
35. Explain how the horse race effects of a campaign affect the media’s coverage.
36. Define “soft news.”
37. Define “hard news.”
Stumbling Blocks
{224–232}
It is hard to overestimate the amount of criticism that the media has been under in recent years, especially during the 2016 election cycle. It is also hard to overestimate the number of the media outlets that constitute today’s mass media, an aptly named phrase. A plethora of sources have made it harder to distinguish the credible ones from those intentionally or unintentionally providing so-called fake news. The textbook provides valuable advice for helping readers evaluate media sources.
{237–247}
Though students should be reasonably suspect, they should not automatically mistrust everything they see or read. Consider the source, but also consider what is in front of you and what the text points out: “It is also hard to find a scholarly study that presents strong evidence of systematic media bias in a liberal or conservative direction.” Mark Twain once said, “If a cat sits on a hot stove, that cat won’t sit on a hot stove again. That cat won’t sit on a cold stove either. That cat just don’t like stoves.” Discerning, analytical, political science students must be different than a cat. There are many stoves out there. Many of them are not hot, and even if one or two were hot on occasion, it does not mean that is always the case. In considering statistics, it is much easier to disregard prima facie the media rather than to understand what is being conveyed.
Although there may not be systematic bias, there can be bias in particular media sources; how extensive its effect, if any, depends on many factors. A useful exercise for helping students understand what role bias plays in the media as they convey information to the public involves the students selecting two different media sources to compare over a six- or seven-week period. The students have free rein in choosing each source as long as each source has some editorial oversight. In a 3- to 5-page paper, students analyze some current U.S. policy and see how each media source reports on it over this period of time. Attention should be paid to such issues as any potential bias or lack of bias—where the two sources agree and disagree in their reporting—and how much time each source devotes to the issue. The students can also try to find examples of filtering and priming as discussed on pages 239–243. The teacher should help the students make sure the policies chosen are not too specific or too general. Sometimes, a student will select a policy that is popular at the time of selection, but for a variety of reasons, the topic dies down. Extra time for the due date should be scheduled to take this unforeseen circumstance into account. Another part of the analysis is looking at the advertisers who sponsor the sources to get a perspective on who their target audiences are. The primary purpose of the paper is not to do any extra research on the policy (they shouldn’t!), but that will be a beneficial by-product. Another beneficial by-product is that it is very difficult to plagiarize this type of paper since it is based on current events.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) MOST AMERICANS ARE EXPOSED TO CANDIDATES IN ELECTIONS THROUGH THE MEDIA RATHER THAN SEEING THEM IN PERSON. (5-POINT RUBRIC)
A. Compare hard news and soft news coverage of elections. 1 point for comparison [To earn a comparison point, students can discuss either a similarity or difference between the terms. Discussing a difference is probably the more common route here, as their definitions point in that direction clearly.]
B. Describe how each of the following relate to media coverage of elections. 1 point for each description, 2 total points [A simple definition of these will suffice, as long as they are tied to elections.]
a. Attack journalism
b. Horse race journalism
C. Explain two ways that media coverage of elections can change public opinion about presidential candidates. 1 point for each explanation, 2 total points [To earn each point, the students must apply some types of media effects to attitudes about presidential candidates. Students can discuss positive or negative effects of media coverage on attitudes about candidates to earn each point.]
2) The mass media plays a large role in shaping public opinion in the United States. (5-point rubric)
A. Describe two functions that the mass media performs that benefit citizens. 1 point for each description, 2 total points [There are many choices here from which to choose, including transmitting information, serving as a watchdog, and gatekeeping, among others. Students just need to describe the function, rather than explaining why these functions benefit citizens.]
B. Explain three ways that the mass media negatively affects public opinion. 1 point for each explanation, 3 total points [To earn the points, the student needs to first articulate a problem with the media and explain how this adversely affects the attitudes of individuals. The student would need to articulate these separately from items in part A to get points for both. For example, “filtering” would need to be described as a positive “gatekeeping” function in A, but a negative “agenda setting” function here.]
Essential Questions and Objectives
1. HOW HAS THE PRESIDENT’S RELATIONSHIP WITH THE NATIONAL CONSTITUENCY AND THE OTHER BRANCHES OF GOVERNMENT CHANGED AS A RESULT OF COMMUNICATION TECHNOLOGY?
2. How does the media function as a linkage institution?
3. How do increasingly diverse options in media and communication outlets impact political institutions and behavior?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Host a faux news conference in class. The instructor’s job is to play the role of the White House press secretary and to be as evasive as possible. At the end of the previous class, provide the students with some background material on one or two issues that are in the news. Let them know that they will have to play the role of White House reporters during the next class meeting. Additionally, let them know that the “president” is alleged, by anonymous sources, to have received illegal campaign contributions. The instructor’s job is to be evasive, condescending, and dismissive of the reporters’ questions by questioning the premise of their queries, continually referring to a talking point, and claiming that the question has already been answered sufficiently.
Activity 2: Political Process Matters
The process of selecting which sources of media one will use to learn about politics is an important one. Pick a major headline of the day or week and have students investigate how five different news sources cover the issue:
• a network television newscast
• a cable television newscast/personality program
• a major U.S. newspaper
• a major international newspaper
• a blog
Have students compare and contrast each outlet’s coverage of the issue. Did all five outlets even cover the issue? If so, did they rely on wire services or do their own reporting? Was the reporting politically, commercially, or corporately biased? Why or why not? Does it make a difference as to which source people use to acquire political information?
Activity 3: Politics Is Everywhere
Mediated messages, like politics, are everywhere. Have students log the amount of mediated information about politics they see over the course of one 24-hour period. This should include all political news and political advertising. Students should make a note each time they watch a political commercial, watch a celebrity mock a prominent politician, watch Meet the Press, and so forth. Then, have students write a short, one-page paper describing what they saw and how it affected them. Did seeing all of these different kinds of politically mediated messages make them more or less inclined to feel good about our political system? Were some messages and/or mediums more interesting or effective than others?
Activity 4: Google It!
How the news media decides what to report is a question that has excited scholars for decades. Indeed, market forces, the behavior of elite politicians, and journalistic norms all contribute to how reporters do their jobs. However, technological advances now allow us to examine how citizens’ interests can influence media coverage. Have students spend some time with Google Trends (trends/). By entering a search term, such as “Hillary Clinton” or “Donald Trump,” students can see the prevalence with which other people are searching those same terms. Assign all students a region of the country and have them search for items of political interest. Tell them to compare the searches about the items to coverage in local newspapers (accessed via their websites). What came first? Did people’s interest precede major news coverage of an issue, or did coverage spark Google searches? Did nothing happen at all? Explain.
Discussion Questions
1. IF THE NEWS MEDIA WERE LIBERALLY BIASED, WHAT KINDS OF THINGS WOULD WE EXPECT TO SEE HAPPENING IN AMERICAN POLITICS REGARDING VOTING BEHAVIOR, PUBLIC POLICIES PASSED, AND SO FORTH? DO STUDENTS BELIEVE THESE THINGS ARE HAPPENING TODAY? ARE JOURNALISTS CONSERVATIVELY OR STRUCTURALLY BIASED? WHAT ARE THE SOCIETAL IMPLICATIONS?
2. Many observers of American politics complain that the media are biased. Should government leaders take steps to outlaw or limit media bias? If officials wanted to do this, could they, given the First Amendment? Finally, some media critics argue that media outlets should be outwardly biased so that news consumers know what they are getting into when they pick up a magazine or tune in to a TV newscast. Do students agree or disagree? Why?
3. Given all of the major changes in media technology over the past decade, how do students believe people will be getting their news 20 years from now? Are these developments good or bad for democracy? Why?
4. Think about some of the media effects we have discussed. Are any of these a sign of a healthy democracy or are they indicators of a democracy in need of reform? Explain.
5. Has the Internet changed the nature of the role information plays in politics or has it just made everything faster? Explain.
6. Assess the implications of a capitalist system on the presentation of the news in the United States. How could the mass media be reformed and still play a vital role in the American democracy?
Video Clips
1. “MEDIA EFFECTS” (COMMGAP). THIS IS AVAILABLE AT: ’QVGURFZMGO.
Be able to define and discuss the following: priming, agenda setting, framing, and cultivation. In general, be able to explain how the mass media affects our view of the world.
2. “Sell and Spin: The History of Advertising” (narrated by Dick Cavett). This is available at: 2016/04/sell-spin-the-history-of-advertising.html.
What have students learned about advertising and its power in a consumer-driven economy?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (HOW NEWS MAKES IT TO THE PUBLIC). DISCUSS WITH YOUR STUDENTS THE NEED FOR INVESTIGATIVE JOURNALISM IN A DEMOCRACY. YOU MAY WANT TO USE THE EXAMPLE OF BOB WOODWARD AND CARL BERNSTEIN’S WORK IN THE WATERGATE SCANDAL BY WAY OF ILLUSTRATION.
2. How It Works: In Practice (The Media’s Coverage of Hillary Clinton’s E-mail Server). Ask students what they think about the coverage of Hillary Clinton on this matter. Has the coverage been reasonable? Why or why not? Did some of her predecessors as secretary of state experience the same type of coverage on this matter? Explain.
Chapter 8 Political Parties
CHAPTER GOALS
1. DEFINE POLITICAL PARTIES AND SHOW HOW AMERICAN POLITICAL PARTIES AND PARTY SYSTEMS HAVE EVOLVED OVER TIME.
2. Describe the main characteristics of American parties as organizations, in the government, and in the electorate.
3. Explain the important functions parties perform in the political system.
4. Evaluate the benefits and possible problems of the American party system.
Outline
HOW DO POLITICAL PARTIES ORGANIZE AMERICAN POLITICS?
What are political parties and from where did today’s parties come?
Republican Party [PMI-5]
Democratic Party [PMI-5]
Party organization [PMI-5]
Party in government [PMI-5]
Party in the electorate [PMI-5]
Paul Ryan [PMI-5]
Freedom Caucus [PMI-5]
History of American political parties
Party system [PMI-5]
The evolution of American political parties
Party principle [PMI-5]
Spoils system [PMI-5]
Realignments
Realignment [PMI-5]
Crosscutting [PMI-5]
American political parties today
The party organization
National committee [PMI-5]
State party organizations [PMI-5]
Constituency groups [PMI-5]
Teams [PMI-5]
Other allied groups
Political action committees (PACs) [PRD-2]
527 organizations [PRD-2]
Labor unions [PRD-2]
Interest groups [PMI-5]
Party brand names
Brand names [PMI-5]
Democrat [PMI-5]
Republicans [PMI-5]
Liberal [PMI-5]
Conservative [PMI-5]
Limits of the party organization
Democratic National Committee (DNC) [PMI-5]
Tea Party [PMI-5]
Incumbent [PMI-5]
The party in government
Caucuses and conferences
Caucus (Democrats) [PMI-5]
Conference (Republicans) [PMI-5]
Divided government [CON-3]
Democratic Congressional Campaign Committee (DCCC) [PMI-5]
Democratic Senatorial Campaign Committee (DSCC) [PMI-5]
National Republican Congressional Committee (NRCC) [PMI-5]
National Republican Senatorial Committee (NRSC) [PMI-5]
Polarization and ideological diversity
Party identification (party ID) [MPA-3]
The party in the electorate
Party ID
Party ID [PMI-5]
Independents
Independents [PMI-5]
Closet partisans [PMI-5]
Party coalitions
Party coalitions [PMI-5]
Lobbyists [PMI-5]
Party labels [MPA-3]
Issue ownership [MPA-3]
The role of political parties in American politics
Organizing elections
Recruiting and nominating candidates
Primary election [PRD-2]
Caucus [PRD-2]
Closed primary [PRD-2]
Nonpartisan primary [PRD-2]
Open primary [PRD-2]
Semi-closed primary [PRD-2]
Nominating convention [PRD-2]
Campaign assistance
Party platforms
Party platform [PMI-5]
Cooperation in government
Agenda-setting
Agendas [PMI-5]
Economic stimulus package [CON-3]
Coordination
Accountability
Unified government [CON-3]
Divided government [CON-3]
Incumbent [PMI-5]
Minor parties
Green Party [PMI-5]
Effects on election outcomes
Swing states [PMI-5]
Green Party [PMI-5]
Libertarian Party [PMI-5]
Unique issues facing minor parties
Green Party [PMI-5]
Libertarian Party [PMI-5]
Reform Party [PMI-5]
Constitution Party [PMI-5]
Duverger’s Law [PMI-5]
Single-member districts [PMI-5]
Plurality voting [PMI-5]
Minor-party candidate [PMI-5]
What kind of democracy do American political parties create?
Recruiting good candidates
Working together in campaigns
Incumbent candidates [PMI-5]
Working together in office
Providing accountability
Citizens’ behavior
Conclusion
In-Class Questions and Writing Prompts
{254}
1. Identify two purposes of political parties.
2. Identify the three different aspects of political parties.
3. Define the party organization.
4. Define the party in government.
5. Define the party in the electorate.
6. Explain what it means that the American political parties are decentralized.
{255}
7. Define “party system.”
8. Identify three main goals of the Federalists.
9. Identify three main goals of the Democratic- Republicans.
10. Define “party principle.”
11. Define the spoils system.
12. Identify the party created to abolish slavery.
13. Identify the key issues that have distinguished the Democrats and Republicans since 1969.
{256}
14. Identify five groups that made up the New Deal coalition.
{257}
15. Describe the size of government that Democrats generally favor.
16. Describe the role that Democrats and Republicans believe the government should play in managing the economy.
17. Describe the role that Democrats and Republicans believe the government should play in regulating behavior.
18. Describe the perspective that many Democratic politicians felt during the 1960s regarding the role of the federal government in health care, antipoverty programs, and education.
19. Describe four areas in which the Republican and Democratic parties increased their involvement.
20. Define “party realignment.”
21. Explain the effect of a crosscutting issue on a political party.
{258}
22. Define a political party’s national committee.
23. Describe three functions of state party organizations.
24. Describe the purpose of the Democratic Party’s constituency groups.
25. Describe the purpose of Republican Party teams.
26. Explain the purpose of a political action committee.
27. Explain the purpose of 527 organizations.
{259}
28. Identify the political party to which most Tea Party groups have a connection.
29. Explain why party brand names are useful to voters.
30. Identify which party is more liberal.
31. Identify which party is more conservative.
{260}
32. Describe how much overlap, if any, there would have been between the Democrats and Republicans 20 or 30 years ago.
33. Describe the relationship between the national party organization and the state and local parties.
{261}
34. Explain the purpose of a Democratic caucus or a Republican conference.
35. Define “polarization.”
36. Describe what has happened to the magnitude of the ideological difference between the two major parties over the last 60 years.
37. Explain how party ID is different from formal membership in a political party.
{263}
38. Identify the period of time in which there has been the least ideological polarization between the two parties.
39. Explain the effect that polarization will most likely have on enacting major changes in government policy.
{264}
40. Describe what it means to say that one identifies with a political party.
41. Describe how Independents behave differently from people who have party ties.
42. Identify the periods of time in which party identification was among Democrats and among Republicans.
43. Explain why high party identification for a political party does not guarantee electoral success for that political party.
{265}
44. Describe how party identification affected the votes for Clinton and for Trump.
{266}
45. Define “party coalitions.”
46. Identify three groups that are disproportionately likely to identify as (tilt toward) Democrats.
47. Identify three groups that are disproportionately likely to identify as (tilt toward) Republicans.
48. Identify which group is the most loyal to the Democratic Party.
49. Identify which two groups are the most loyal to the Republican Party.
{267}
50. Identify three issues that Democrats and Republicans are most likely to agree are priorities.
51. Explain how the Democrats and Republicans would view dealing with the three issues that Democrats and Republican most agree are priorities.
52. Identify three issues that Democrats and Republicans are least likely to agree are priorities.
{268}
53. Define “issue ownership.”
{269}
54. Identify the two ways in which most candidates for House, Senate, or presidential races are selected.
55. Describe how a closed primary operates.
56. Describe how a nonpartisan primary operates.
57. Describe how an open primary operates.
58. Describe how a semi-closed primary operates.
59. Describe how a caucus election works.
{271}
60. Describe what happens at the nominating convention.
61. Define “party platform.”
{271–275}
62. Explain how voters and candidates view party platforms.
63. Define “conditional party government.”
{273}
64. Explain how the rules in early Republican 2016 contests benefited Donald Trump.
{274}
65. Identify which political party groups raise the most money for their respective parties.
66. Explain how the funding source can affect a presidential candidate’s decision to accept specific planks of a party’s political platform.
{275}
67. Describe the purpose of agenda setting.
{275–276}
68. Describe one circumstance in which coordination between the branches of government becomes necessary.
{277}
69. Define “unified government.”
70. Define “divided government.”
71. Explain two reasons why most Democratic and Republican incumbents were reelected in the 2010 midterm elections.
{278}
72. Identify two significant minor parties in recent U.S. elections.
73. Explain the effect that minor parties had on the 2016 presidential election.
{279}
74. Describe Duverger’s Law.
75. Explain why Duverger’s Law affects the success of political parties.
76. Define “single-member districts.”
77. Define “plurality voting.”
78. Identify three different purposes that political parties serve for politicians.
79. Identify three different purposes that political parties serve for citizens.
80. Identify and explain three different ways that political parties contribute to democracy.
81. Explain two problems that arise when parties try to recruit good candidates.
82. Explain two problems that arise when parties work with candidates in campaigns.
{281–282}
83. Explain two problems that arise when parties work with elected officials.
84. Explain two reasons why it is difficult for elected officials to agree with their parties on policy issues.
85. Explain one reason why it is difficult for parties to provide accountability to the citizens.
Stumbling Blocks
{254–257}
As discussed earlier, students should not get too caught up in the details of the history of the political party system but should appreciate the bigger picture that, over time, different groups of people support different political parties based on different reasons. This is the important topic of realignment. Given that this is a political science course more than a history course, the students should pay close attention to the fifth and sixth realignments discussed on pages 255–257, which reflect the current political party system.
Students should avoid the tendency to think of every election as a new realignment, despite how controversial or surprising the results. It takes years of a sustained change in the makeup of a party before political scientists determine if a new realignment has occurred. As discussed in Chapter 6, remind students not to confuse data points with a trend.
The term “liberal” can be a source of confusion for students studying the politics of the United States and other countries simultaneously. In most countries, “liberal” is associated with the lack of government intervention in the economy, but in the United States it is associated with just the opposite—the need for the government to intervene in the economy to correct problems, such as unemployment and poverty. In the United States, a liberal is located on the left end of the political spectrum, but in most other countries, liberals would be located on the right wing of the political spectrum. As is briefly mentioned on page 57, this contronym was created by Franklin Roosevelt for political reasons. American sources will only refer to the left-wing meaning. If students are using European sources for the project suggested in the Media chapter, students should make sure they know how the term is being used.
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The term “divided government” often confuses students. They have a vague notion that it concerns the president and the legislature, but they often think that it means that the president and the legislature disagree over legislation and cannot come to an agreement. Though this might be true, it is not what “divided government” means. Even after students have “learned” the definition, over time students often revert to the vaguer notion. Reinforce that the definition is a structural one. Divided government does not necessitate insurmountable disagreement and deadlock, nor does it mean that when the opposite occurs—unified government—there are no disagreements between the legislature and the executive branches or that legislation is passed faster. The beginning of President Trump’s tenure certainly shows that unified government is not necessarily a recipe for more bills passed.
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Especially in election years, many websites offer ideological tests and suggest the party or set of candidates for which a person should vote. These sites should be used with care as they are only for entertainment purposes. However, they do serve two larger lessons. If they do not match up with the party with which the student usually identifies, this can signify the strong role of family as an agent of socialization. This can be difficult to point out at the high school level since parents might already be suspicious about students taking an American government course and feel that the teacher is trying to influence their children’s political views. The ambiguity and overlap of the characteristics of Democrats and Republicans might be why so many people identify as Independents even though, as the text indicates, they still lean somewhat toward one party or the other. Another instructive (diplomatically safer) and equally valid lesson is that these political quizzes do not take the importance of particular policies into account. For example, a person might score liberal on nineteen out of twenty questions about different political issues, but on the twentieth, the person is against abortion, which is why he or she identifies with the Republican Party.
{281–282}
Students should understand the factors that help define someone as a Democrat or Republican, but they also must realize that in many ways political parties or ideologies create more of a spectrum than an absolute either/or situation. Compared to other democracies in Europe, there is weak party loyalty in the United States. This has two implications: one, people do not always vote along party lines even within the same election. They might vote for one party for president and another party for a seat in Congress. Two, elected representatives do not always vote along party lines, and voting against the party does not mean expulsions, as it can in parliamentary democracies.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) DIVIDED GOVERNMENT HAS BECOME A COMMON FEATURE IN AMERICAN POLITICS IN RECENT DECADES. (5-POINT RUBRIC)
A. Define the term “divided government.” 1 point for defining the term
|Issue |Republican |Democrat Position|
| |Position | |
|Abortion |Pro-life |Pro-Choice |
|Gun control |Opposed |Support |
|Estate tax |Opposed |Support |
|Health care reform |Opposed |Support |
|High taxes for wealthy |Opposed |Support |
|Need-based scholarships |Opposed |Support |
|Affirmative action |Opposed |Support |
|Same-sex marriage |Opposed |Support |
|Equal Rights Amendment |Opposed |Support |
|School prayer |Support |Opposed |
|School vouchers |Support |Opposed |
|Tough environmental laws |Opposed |Support |
|Gays in the military |Opposed |Support |
|Relying on UN diplomacy |Opposed |Support |
B. Explain why divided government decreases each of the following political activities. 1 point for each explanation, 2 total points [The student needs to connect the presence of divided party control of the presidency and Congress to the outcomes listed below. See notes below.]
a. Laws enacted by Congress [With the president’s party held by a different party than Congress, bills that pass both chambers still face a difficult hurdle with a potential presidential veto.]
b. Confirmation of presidential nominees to the federal courts [Presidential nominees are more likely to be obstructed or delayed, as the Senate majority will be reluctant to hold confirmation hearings and/or confirm nominees.]
C. Explain why divided government increases each of the following political activities. 1 point for each explanation, 2 total points [The student needs to connect the presence of divided party control of the presidency and Congress to the outcomes listed below. See notes below.]
a. Executive order use by the president [It should be harder for POTUS to achieve his or her goals via Congress during divided government, so presidents may choose to pursue policy goals unilaterally.]
b. Congressional oversight of the executive branch [Congress has shown an appetite for engaging in investigations of executive branch agencies and actors during divided government because they want to make sure their laws are being implemented correctly by the executive branch, because they want to investigate possible corruption or wrongdoing, to embarrass the president, and so on.]
2) Political parties play a major role in modern presidential elections. (5-point rubric)
A. Describe how each of the following is related to the role of political parties in presidential elections. 1 point for each description, 2 total points [Defining each term may be enough, as long as it is tied directly to the role of parties in the nomination process.]
a. Party primaries
b. Superdelegates
B. Describe two functions performed by parties during presidential nominating conventions. 1 point for each description, 2 total points [There are several possible answers here, including formally nominating the presidential and vice presidential candidates, certifying the delegate totals, and formally establishing a platform.]
C. Explain how party leaders can help shape the outcome of the presidential nomination process despite the presence of party primary elections. 1 point for explanation [To earn the point, the student needs to articulate something tied to the “Party Decides” topic that opens the chapter, though the student does not need to specifically reference that to earn the point. For example, parties can try to steer outcomes through endorsements, financial support, GOTV help, and so on for the party’s preferred candidate (for example, Clinton over Sanders in 2016).]
Essential Questions and Objectives
1. ANALYZE HOW IDEOLOGIES OF THE TWO MAJOR PARTIES SHAPE POLICY DEBATES.
2. Explain the objective of political parties and their effect on the electorate and government.
3. How and why do political parties change and develop over time?
4. How do structural barriers affect the outcomes for third-party and independent candidates?
5. What effect do political actors have on public policy outcomes?
6. How do the organization, finance, and strategies of national political campaigns impact the election process?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
A consistent refrain from students is that there is not any difference between Republicans and Democrats. Begin this activity by asking students to raise their hands if they think that there is not much of a difference between the Democratic Party and the GOP. Then, list the following issues on the board and ask students what the Republican position and Democratic position is on the issue.
Ask students again to raise their hands if they think there are no important differences between the parties. If no one or few folks raise their hands, intervene in the discussion once again and note how political scientists John Hibbing and Elizabeth Theiss-Morse argue in Stealth Democracy that the major policy differences are not important to a great many Americans because they believe that Democrats and Republicans are very similar when it comes to how they go about the process of politics (pork-barrel spending, ignoring the people, and so forth). Conclude by noting that while there are major policy differences between the parties, the public does not perceive much process difference between the parties. Ask students which is more important to them—process or policy.
Activity 2: Political Process Matters
Partisan political battles are often decided by the process in which the battles take place. Ask students a wide variety of survey questions relating to the composition of a quiz that will take place in a few weeks. Students can choose a multiple choice exam containing mostly difficult questions and a few easy questions, a balanced essay exam with one difficult question and one easy question, or an oral exam containing mostly easy questions and a few difficult questions.
Based on students’ answers, divide them into two relatively equal groups. How should they be divided? The two exam options that receive the highest number of votes should govern the first stage of the process. Place students who picked the highest-rated option into one group and students who picked the second-highest option into the other group. Then, divide those who voted for the third-place option in such a way that the first two groups are of relatively equal size.
Now, the groups are like political parties—groups with broad agreement in general but still containing some members who disagree on some fundamental principles.
Now that students are divided, have each group select a leader to present each group’s arguments for why their preferred quiz option should be adopted. Then, have all class members vote. Typically, students vote along party lines.
Next, allow for each side to introduce amendments to their preferred exam proposal. Perhaps one or both groups will propose to amend their exam option to be more sympathetic to the third-place group’s original preference. Once again, have each group select a representative to introduce its amendment (if the group members decide to have an amendment—they certainly do not have to do so). Regardless, now that the process has allowed for changes to the “bill,” have students vote again on any amended versions of the bill. Compare and discuss the results.
It is possible that both amended versions would be popular with a majority of students. If this occurs, use this as another opportunity to discuss how process matters. Sometimes, the bill that comes first wins!
Activity 3: Politics Is Everywhere
Have students pick up a recent edition of The Washington Post and count the number of references to political parties in the first section, whether the references are about the parties in general, specific legislators or candidates whose partisanship is noted in the article, or partisans in the electorate. In addition to counting these explicit references to parties, have them count references to the president and the members of the president’s administration as well (since most folks are able to identify the partisanship of the president). Then, have them count up how many independent experts, interest groups, and regular citizens with no affiliation are quoted to share the ubiquitous nature of parties as compared to other actors in American politics.
Activity 4: What Is a Party?
Modern social movements like the Tea Party and Occupy Wall Street do not meet the definition of a political party, yet they may have some influence on how parties do their business, whether it is how the party organization recruits candidates, how the party in government governs, or how the party in the electorate votes. Have students research the major tenets of Occupy Wall Street and the Tea Party. Who are the participants in these social movements? What do these groups have in common? What divides the two of them? How are they like a political party? How are they unlike a political party? How can we tell how they are influencing contemporary party politics?
Discussion Questions
1. E.E. SCHATTSCHNEIDER FAMOUSLY WROTE THAT DEMOCRACY WOULD BE IMPOSSIBLE WITHOUT POLITICAL PARTIES. DO STUDENTS AGREE WITH HIS PREMISE? IF WE DID NOT HAVE PARTIES, HOW WOULD MAJORITIES COME TOGETHER AROUND POLITICAL ISSUES TO ENACT CHANGE?
2. The framers of the Constitution generally warned against the formation of political parties; then, they promptly formed them shortly after the ratification of the Constitution. Even so, the framers were worried about factions engaging in majority tyranny over the minority. Have their fears come to fruition in the modern political system? Does the majority party tyrannize the minority party and other political minorities?
3. Many scholars argue that the parties in government are the most polarized they have been in over 150 years, while Democrats and Republicans in the electorate are becoming more polarized as well. Is partisan polarization bad for America? Why or why not?
4. When government officials are unified and collaborative, more ambitious laws are often passed by the majority party in Congress with the president’s signature. When the government is divided, gridlock is more likely, and policies are less likely to lurch dramatically in a liberal or conservative direction. Accordingly, is divided party government or unified party government better for our democracy? Explain.
5. In the first- and second-party systems in the United States, what was the philosophy of the following parties: Federalist, Democratic-Republican, Democratic, and Whig? How do these ideological differences compare with the contemporary Democratic and Republican parties? Explain.
Video Clips
1. “GREEN PARTY AND CAMPAIGN 2016” (C-SPAN). THIS PRESENTATION IS AVAILABLE AT: WWW.VIDEO/?404987-3/WASHINGTON-JOURNAL-DR-JILL-STEIN. “LIBERTARIAN PARTY PRESIDENTIAL CAMPAIGN” (C-SPAN). THIS PRESENTATION IS AVAILABLE AT: WWW.VIDEO/?411985-1/GARY-JOHNSON-WILLIAM-WELD-DISCUSS-PRESIDENTIAL-PROSPECTS.
How are the Green Party and Libertarian Party different from the two major political parties in America? Ask students what they think about minor political parties in general and the extent to which they can affect electoral outcomes and public policy making in America.
2. “Theodore Roosevelt Joins Bull Moose Party” (). This presentation is available at: .
Why did Theodore Roosevelt leave the Republican Party (temporarily) in 1912? What was the outcome of the 1912 presidential election?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (NOMINATING PRESIDENTIAL CANDIDATES). BASED ON THE RESULTS OF THE 2016 PRESIDENTIAL PRIMARIES AND CAUCUSES, SHOULD THE STRUCTURAL RULES OF THE NOMINATION PROCESS BE CHANGED BY BOTH MAJOR POLITICAL PARTIES? IF SO, WHAT SPECIFIC CHANGES SHOULD BE MADE AND WHY?
2. How It Works: In Practice (The Nomination of Donald Trump for President, 2016). Should party leaders have the option of removing a presidential nominee at the party’s convention even if that candidate receives a simple majority of the delegates needed through the primaries and caucuses? Why or why not?
Chapter 9 Elections
CHAPTER GOALS
1. PRESENT THE MAJOR RULES AND PROCEDURES OF AMERICAN ELECTIONS.
2. Describe the features and strategies of campaigns for federal office.
3. Explain the key factors that influence voters’ choices.
4. Analyze the issues and outcomes in the 2016 election.
Outline
WHO WINS? WHO LOSES? AND WHY?
How do American elections work?
Representative democracy [LOR-1]
Functions of elections
Selecting representatives
Incumbents [PMI-5]
Representative democracy [LOR-1]
Shaping policy
Promoting accountability
Incumbent [PMI-5]
Challenger [PMI-5]
Retrospective evaluation [MPA-3]
Two stages of elections
Open primaries [PRD-2]
Semi-closed primaries [PRD-2]
Closed primaries [PRD-2]
Single primaries [PRD-2]
General election [PRD-2]
Midterm elections [PRD-2]
No-excuse absentee voting [PRD-2]
Early voting [PRD-2]
Constituencies: Who chooses representatives?
Single-member districts [CON-3]
Redistricting [CON-3]
Constituents [CON-3]
Determining who wins
Plurality voting [PMI-5]
Majority voting [PMI-5]
Runoff election [PMI-5]
The ballot
Butterfly ballot [MPA-3]
Presidential elections
The nomination: primaries and caucuses
Primaries [PRD-2]
Caucuses [PRD-2]
Delegates [PRD-2]
Proportional allocation [PMI-5]
Winner-take-all [PMI-5]
Super Tuesday [PRD-2]
Iowa Caucuses [PRD-2]
New Hampshire primary [PRD-2]
Superdelegates [PRD-2]
The national convention
Counting presidential votes
Electoral College [PRD-2]
Winner-take-all [PRD-2]
Popular vote [PRD-2]
Electoral votes [PRD-2]
Electoral campaigns
Election cycle [PRD-2]
The “fundamentals”
Fundamentals [PMI-5]
Setting the stage
Open seat [PMI-5]
Before the campaign
Federal bureaucracy [PMI-2]
Federal Reserve System [PMI-4]
Monetary policy [PMI-4]
Campaign staff
The general-election campaign
Retail politics [PRD-2]
Name recognition
Getting out the vote
Mobilization [PMI-5]
GOTV (“get out the vote”) [PMI-5]
Ground game [PMI-5]
Door-to-door canvassing [PMI-5]
Promises and party positions
Platform [PMI-5]
Debates
Campaign advertising: getting the word out
What do the ads involve?
“Peace Little Girl”/“Daisy” ad [PRD-2]
Going negative
Do campaign ads work?
Campaign finance
Campaign finance [PRD-2]
Federal Election Commission [PRD-2]
Bipartisan Campaign Reform Act (BCRA) [PRD-2]
Citizens United v. Federal Election Commission (2010) [PRD-2]
McCutcheon v. Federal Election Commission (2013) [PRD-2]
Types of funding organizations
McCain-Feingold Act [PRD-2]
McCutcheon v. Federal Election Commission (2013) [PRD-2]
Hard money [PRD-2]
Buckley v. Valeo (1976) [PRD-2]
Soft money [PRD-2]
527 organization [PRD-2]
501(c)(4) organization [PRD-2]
PACs [PRD-2]
The effects of money in politics
How do voters decide?
Who votes, and why?
Paradox of voting [MPA-3]
Turnout [MPA-3]
How do people vote?
Issue voters [MPA-3]
Voting cues
Voting cues [MPA-3]
Party ID [MPA-3]
Personal vote [MPA-3]
Pocketbook voting [MPA-3]
Reasonable vote [MPA-3]
Who (usually) wins?
Coattails [PRD-2]
Split tickets [PRD-2]
Straight tickets [PRD-2]
“Wave” elections [PRD-2]
Understanding the 2016 election
The path to 2016: the 2012 and 2014 elections
The 2012 presidential and congressional elections
The 2014 congressional elections
The 2016 elections: the nomination process
Republican convention [PRD-2]
The 2016 general election
Consequences of the 2016 elections
Policy gridlock [CON-3]
Conclusion
In-Class Questions and Writing Prompts
{286}
1. Identify three campaign promises that candidate Trump made.
2. Identify three campaign promises that candidate Clinton made.
{286–288}
3. Identify which candidate won the majority of electoral votes in the 2016 election.
4. Identify which candidate won the majority of popular votes in the 2016 election.
{288}
5. Identify the three main functions of elections.
6. Define “incumbents” and “challengers.”
7. Define “representative democracy.”
{289}
8. Explain how retrospective evaluations influence a voter’s choice in selecting for whom to vote.
9. Identify the two steps for House and Senate candidates running for office.
10. Explain how open primaries work.
11. Explain how semi-closed primaries work.
12. Explain how closed primaries work.
13. Define “general election.”
{289–290}
14. Identify which offices are up for election in midterm elections.
{290}
15. Identify the minimum age for voting.
16. Other than age, identify the level of government that determines restrictions on voter eligibility.
17. Define “single-member districts.”
18. Identify the institution that draws congressional district lines in most states.
19. Define “plurality voting.”
20. Define “majority voting.”
21. Define “runoff election.”
{291}
22. Explain the purpose of the Help America Vote Act of 2002.
{292}
23. Identify three characteristics of individuals most likely to be negatively affected by voter ID laws.
24. Define “primaries.”
25. Define “caucuses.”
26. Explain the role that delegates play in the nominating conventions.
27. Identify two different ways that delegates to the nominating conventions are selected.
28. Identify two requirements for being president of the United States.
29. Identify two requirements for being a member of the Senate.
30. Identify two requirements for being a member of the House of Representatives.
31. Explain why the age requirement is lower for the House of Representatives than for the Senate.
{293}
32. Define “proportional allocation.”
33. Describe the one way that delegate seats are divided among the candidates in Democratic primaries.
34. Describe the two ways that delegate seats are divided among the candidates in Republican primaries.
35. Define “winner-take-all.”
36. Explain one advantage for a state of holding primaries or caucuses early in the nomination process.
37. Explain a disadvantage of holding primaries or caucuses early in the nominating process for candidates.
{294}
38. Define “superdelegates.”
39. Explain the purpose of having superdelegates at the Democratic convention.
40. Identify two purposes of the national convention.
41. Explain how the number of electors for each state is determined.
42. Explain the purpose of the Electoral College.
43. Describe how most states allocate electoral votes.
{294–295}
44. Describe how Maine and Nebraska allocate electoral votes.
45. Identify the two types of states on which candidates focus most of their attention.
46. Identify the number of electoral votes a candidate needs to become president.
47. Describe two peculiarities of the Electoral College.
{296}
48. Identify whom people are actually voting for when they vote for a presidential candidate.
{297}
49. Identify the four core states.
50. Define “core states.”
51. Explain why the Trump campaign did not focus on New York or California.
{298}
52. Describe the procedure that is used if no candidate receives a majority of the Electoral College votes.
53. Define “popular vote.”
54. Identify the election and the candidate in which the Electoral College most magnified the winning candidate’s margin of victory.
55. Identify the election and the candidate in which the Electoral College least magnified the winning candidate’s margin of victory.
{299}
56. Define “election cycle.”
57. Define what political scientists call “fundamentals.”
58. Identify three fundamentals in the electoral process.
{300}
59. Identify three factors that help determine which congressional and Senate races will draw attention in terms of support.
60. Define “open seat.”
61. Explain the importance of open seats.
{301}
62. Describe the positions of Hillary Clinton and Donald Trump on three important campaign issues of the 2016 election.
{302}
63. Define the permanent campaign.
64. Identify five functions of campaign staff.
{304}
65. Describe the difference between retail politics and wholesale politics.
66. Explain what the importance of name recognition is to congressional campaigns.
67. Identify two basic campaign strategies.
68. Define “voter mobilization.”
69. Explain two purposes of voter surveys.
70. Identify three factors that affect a candidate’s political platform.
71. Explain what the silent primary is.
72. Identify the three times a candidate has to campaign in an election cycle.
73. Explain why candidates take extreme positions before the general election.
74. Explain why candidates take more moderate positions during the general election.
{308}
75. Identify which campaign spent the most money in the 2016 presidential election.
{308–309}
76. Explain one advantage of negative ads.
77. Explain one disadvantage of negative ads.
{309}
78. Describe two benefits of campaign ads.
79. Describe one drawback of campaign ads.
{310}
80. Define “campaign finance.”
81. Describe what the Federal Election Commission does.
82. Describe the outcome of the Citizens United v. Federal Election Commission (2010) case.
83. Describe the outcome of the McCutcheon v. Federal Election Commission (2014) case.
84. Define “hard money.”
85. Describe the outcome of the Buckley v. Valeo (1976) case.
86. Define “soft money.”
87. Explain the principal difference between 527s and 501(c)(4)s.
{312}
88. Identify four actions a party committee cannot take in order to be considered independent.
89. Identify one restriction presidential candidates must abide by in order to accept federal funds.
90. Explain an advantage of presidential candidates accepting federal funds.
91. Explain a disadvantage of presidential candidates accepting federal funds.
92. Describe the two “simple truths” that campaign finance regulations reflect.
93. Explain two major concerns surrounding campaign spending.
94. Explain one reason why campaign contributions do not alter legislators’ behavior.
95. Explain one reason why campaign contributions do not necessarily lead to more access.
{316}
96. Describe the paradox of voting.
97. Compare the electoral turnout in presidential election years and midterm election years.
98. Explain why the electoral turnout is different in presidential elections years and midterm election years.
99. Explain three possible reasons why voter turnout, in general, is relatively low.
{317}
100. Describe the difference in voter turnout between presidential and midterm elections.
101. Explain one reason why turnout is different between presidential and midterm elections.
102. Describe the difference in voter turnout between presidential elections and primaries or caucuses.
103. Identify three groups for whom voter turnout is usually higher.
104. Explain three factors that affect voter turnout.
105. Describe the characteristics of issue voters.
106. Explain three reasons why most citizens are not interested in politics.
107. Define “voting cues.”
108. Explain how voting cues affect voting decisions.
109. Identify three types of voting cues.
{317–318}
110. Identify three characteristics of candidates that usually attract voter support.
111. Identify three characteristics of candidates that matter the least to voters.
{319}
112. Identify three characteristics of candidates that usually detract from voter support.
113. Explain what “all politics is local” means with regard to congressional elections.
114. Define “coattails.”
115. Define “split tickets.”
116. Explain the relationship between coattails and split tickets.
117. Define “straight tickets.”
118. Identify which elections are wave elections.
119. Explain how incumbency affects a candidate’s likelihood of reelection success.
{319–320}
120. Identify three causes of wave elections.
{320}
121. Explain three factors that lead to high reelection rates for members of Congress.
{321}
122. Identify two reasons why Mitt Romney won the 2012 Republican nomination.
{322}
123. Explain why President Obama did not campaign with many Democratic candidates in the 2014 election.
124. Identify three factors that favored Republican victory in the 2014 congressional elections.
{323}
125. Identify and explain three factors that made it more likely that Donald Trump would receive the Republican nomination.
126. Identify and explain two factors that should have been challenges to Donald Trump in the general election.
127. Identify three strategies that candidate Trump used to motivate his core supporters.
128. Identify three factors that led to a drop in the polls for Donald Trump by mid-October 2016.
{325}
129. Although Clinton won far fewer states than Trump, explain why Trump only won 64 more electoral votes than Clinton.
130. Using evidence from Table 9.6, explain the degree to which polarization exists between the Democrats and Republicans.
{326}
131. Identify two factors relating to voter turnout that contributed to Hillary Clinton’s defeat.
Stumbling Blocks
{294–299}
It seems that every four years, regardless of who wins the presidential election, the unfairness of the Electoral College and the need to replace it always comes up. As the text also notes, in two very recent elections, the candidate who won the popular vote did not win the presidency since he and (most recently) she did not win enough electoral votes. Certainly in these cases, many on the losing side were critical of the Electoral College system. The somewhat complex nature of the Electoral College process only compounds many people’s criticisms of the U.S. presidential election system. How the Electoral College works is a topic that will have to be explained more than once. This is also a topic that often generates more questions than answers since students often get more interested in the exceptions than the rule. To help with some of those answers, which should only be addressed after the general principles are established, the National Archives and Records Administration has an informative page on its website along with a FAQ section ().
Another challenge in understanding the Electoral College process is a mathematical one. Students have difficulty understanding the difference between a plurality and a majority. If a candidate receives a plurality of the votes, it means that candidate has received the most votes, which may or may not be more than 50 percent of the votes, a majority. A plurality is also called first-past-the-post, referring to the fact that in horse race only the horse’s nose has to cross the finish line first to be the winner. It does not require more than half of the horse or the entire horse to cross the finish line first to be declared the winner.
The reasons that the Electoral College is still in place despite many years of criticism help explain how purposely difficult the amendment process makes changing sections of the Constitution, especially when keeping the status quo is in the interest of many small states for reasons explained in the text. It is tempting to criticize the Electoral College, but remind your students that effective evaluation requires weighing different sides of a position, not just one.
{310–321}
The issue of campaign finance reform is a story still being written. The values in Table 9.3 might change in the future, so it is not important that students memorize these limits. Students should understand that there are limits for certain types of contributions, while for other types there are not. Students should also recognize that the various laws passed to limit spending have been countered by others and that this tension represents the line between what some consider money-ruling politics and others view as free speech. For some, American politics is only a rich person’s contest, and others believe that freedom of expression should not be curtailed by reining in how much people can spend for getting their message across to the electorate. The “Take a Stand” section on page 315 provides a good point of departure for discussing the two sides of this ongoing concern.
{321–327}
Although it is important to try to understand the possible reasons why a particular candidate either won or lost an election, students should understand that it is impossible to definitely know all the causes behind election results. The similar conditions in two different elections can lead to opposite outcomes, and it is difficult for the same conditions to ever occur. An example outside of the realm of politics might help make the point clearer: in Mexico City, an airplane collided with a truck, and the investigators came up with five reasonable reasons why this happened. The only problem with this reasoning is that these same factors could also be found in many other instances and did not have the same results. Before every election, there is always uncertainty, but afterward, most of the pundits are sure of what was going to happen, just like air traffic investigators (Duncan Watts. Everything is Obvious: Once You Know the Answer. Crown Publishing Group, 2011, 114–117]. There is no shame in not knowing something that is unknowable, but there is a danger in thinking that you do. Remind the students that the Oracle at Delphi thought that Socrates was the wisest man in Athens because Socrates knew that he did not know everything.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE FRAMERS CHOSE THE ELECTORAL COLLEGE SYSTEM TO SELECT THE U.S. PRESIDENT. (6-POINT RUBRIC)
A. Identify the method for determining the number of electoral votes allocated to each state. 1 point for identification [Number of House reps + number of senators; students do not need to discuss Washington, D.C., to earn the point.]
B. Identify how electoral votes are allocated to each candidate in most states. 1 point for identification [Forty-eight states allocate all electoral votes to the candidate who wins the plurality of votes statewide. Nebraska and Maine are the exceptions, though the student does not need to discuss NE and ME to earn the point.]
C. Describe one way that the Electoral College benefits each of the following types of states. 1 point for each description, 3 total points [Notes for each are provided below.]
a. States with small populations [overrepresented in Electoral College due to overrepresentation in Senate]
b. States with large populations [most electoral votes, therefore larger prizes to be won by candidates and get more attention all things being equal]
c. Swing states/battleground states [since neither party dominates the state, there is more competition in these states. This translates into more attention and media coverage of these races, as well as more candidate visits, spending, ads, field offices, and so on.]
D. Explain how a candidate can win the Electoral College without winning the national popular vote. 1 point for explanation [Students will likely need to earn the “B” point to answer this correctly, as they will need to articulate that most states allocate electoral votes in a winner-take-all fashion, and then articulate how large victories in the winning states and narrow defeats in losing states can produce this outcome.]
2) Since the late 1960s, primary elections have become common means for selecting candidates who will appear on the general election ballots in congressional elections. (4-point rubric) [Include a table/chart/figure with breakdown of open, closed, semi-closed → Data are publicly available, for example: ]
A. Identify one pattern in the table/chart/figure. 1 point for identification
B. Explain why a state may opt for a closed primary rather than an open primary. 1 point for explanation [To earn the point the student needs to discuss an advantage of closed primary elections over open primaries, such that a state may prefer to have a closed primary.]
C. Explain why candidates may behave differently in open primary states rather than closed primary states. 1 point for explanation [Student needs to articulate how a candidate may change his or her behavior as a result of an open primary system. For example, students might discuss the need to appeal to a broader segment of voters, since Independents and members of the other party can cast a ballot in the race.]
D. Explain how voters may behave strategically in open primary states rather than closed primary states. 1 point for explanation [The student is asked to specifically discuss strategic behavior of voters in open primary states. There are several options, generally tied to the ability of a voter to cast a ballot in the other party’s primary. For example, a voter may cast a ballot in the other party’s primary for a candidate that is more moderate or for a candidate that the voter thinks is easier to defeat in the general election.]
Essential Questions and Objectives
1. WHAT EFFECT DO POLITICAL ACTORS HAVE ON PUBLIC POLICY OUTCOMES?
2. How do the organization, finance, and strategies of national political campaigns impact the election process?
3. Compare how models of representative democracy are visible in major institutions, policies, events, or debates in the United States.
4. How do U.S. presidential elections function?
5. Does the Electoral College aid or hinder democracy? Why or why not?
6. How do U.S. congressional elections function?
7. How do campaign organizations and plans of action impact the election process?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Negative advertisements are a fact of political life. While many people bemoan negative ads, there is increasingly little evidence to suggest that they demobilize voters on Election Day. In fact, a great deal of work suggests that negative ads teach voters more about candidates’ stands on major issues than do positive ads.
Have the class view the “Willie Horton” ad of 1988 and the “Windsurfing” ad of 2004 to give students an idea of different styles of negative advertising. Then, break students into groups and have them develop a negative advertisement against each major candidate in the next presidential election. Use congressional or gubernatorial elections in nonpresidential years. Have the class vote on which ads are best and discuss why they chose the advertisement they did. The Willie Horton ad is available at: ’Io9KMSSEZ0Y. The windsurfing ad is available at: ’pbdzMLk9wHQ.
Activity 2: Political Process Matters
Assemble two different ballots for the same in-class election. (The subject of the election might be to choose a particular treat to be distributed to the class or the style of final exam students will receive.) One ballot is a straightforward, easy-to-read ballot while the other is a confusing “butterfly” ballot. The instructor can use the sample “good” and “bad” ballots at content/resource/better_ballots/ as a guide. Give half the students the straightforward ballot, and give the other half the butterfly ballot. Time how long it takes students to complete each, and then compare the actual tabulated results to see if students made the same choices.
Then, have students read a bit of the Brennan Center’s study referenced in the website above and discuss whether the class members think the federal government should nationalize ballot styles in future elections.
Activity 3: Politics Is Everywhere
At the end of each week during presidential election years, have the class vote for which candidate had the best week of campaigning. Add up the total number of weeks won by each candidate and see if that corresponds to the candidate that won the presidential election.
In off-year elections, do the same with the highest-profile race in the area: governor, House of Representatives, or Senate.
In odd-numbered years, do the same with the invisible/money primary for the next presidential election.
Activity 4: What’s the Buzz?
As is depicted in Chapter 9, easy explanations for election results are often not the correct ones. Pick an article that examines the 2016 election in detail, and have students note the number of times the story provides an explanation for the state of the race or a prediction about the race in terms of factors not empirically shown to affect election results. Have students compare this to coverage focusing on the state of the economy, the process fundamentals, and so forth. Discuss how voters’ expectations about campaigns might shift if the news media focused more on the matters shown to highly correlate with election results as compared to more “narrative-driven” explanations.
Discussion Questions
1. USING WWW., SHOW THE CLASS HOW MUCH CAMPAIGN MONEY THE PRESIDENTIAL CANDIDATES HAVE RAISED AND, MORE IMPORTANTLY, FROM WHOM THEY RAISED IT. ASK STUDENTS THE FOLLOWING QUESTION: DO THE DONATIONS THE CANDIDATES RECEIVED MAKE THEM BEHOLDEN TO THEIR DONORS FOR POLITICAL FAVORS? DO THE SAME FOR THE LOCAL CONGRESSIONAL CANDIDATES IN YOUR AREA AS WELL AS U.S. SENATE RACES, IF APPLICABLE.
2. Why does the United States have a low voter turnout compared with most other democracies in the world? Is it because Americans think that their preferred candidate is the sure loser, so there is no point in voting? Is it because they do not think politicians will listen to them once they get in office? Or is it because they just do not care about politics? Provide some analysis to support your assertions.
3. Some research suggests that campaigns do not matter very much since measurements of fundamental items like the state of the economy and the approval rating of the president often predict the eventual winner of a presidential campaign. Other work suggests that campaigns are highly successful at priming voters, getting out the vote, or targeting swing voters in swing states to alter the outcomes of elections. Which perspective is more accurate? Do campaigns matter, or perhaps, when do campaigns matter?
4. Why do most candidates for office spend very little time trying to appeal to younger voters?
5. Discuss the context of the creation of the Electoral College at the Philadelphia Convention of 1787. Ask students what they think about the Electoral College today. Do they believe that the Constitution should be amended to abolish the Electoral College in favor of direct election? Why or why not?
Video Clips
1. “KENNEDY-NIXON: MEET YOUR CANDIDATES” (CRITICALPAST). THIS PRESENTATION IS AVAILABLE AT: ’RJ5Q5NUCXAM.
How has media coverage evolved since the fascinating 1960 presidential election? What lessons can be extracted from the past to make campaigns and elections more substantive in the contemporary time period?
2. “Peace Little Girl (Daisy)” (Living Room Candidate). This presentation is available at: mercials/1964/peace-little-girl-daisy.
The “Daisy Girl” ad is one of the most important political campaign commercials of all time. What is the imagery in this commercial? Why was it considered by many to be unfair and excessive in the 1964 presidential contest between Lyndon Johnson and Barry Goldwater?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (THE ELECTORAL COLLEGE). THE CLOSEST VOTE IN ELECTORAL COLLEGE HISTORY OCCURRED IN THE 1876 PRESIDENTIAL ELECTION. USE THE FOLLOWING AS A RESOURCE: WWW.1876_ELECTION/. DISCUSS THE COMPROMISE OF 1877 AND ITS IMPACT ON AMERICAN SOCIETY.
2. How It Works: In Practice (Donald Trump’s Electoral College Strategy, 2016). Critique Donald Trump’s electoral strategy in 2016. Was it plausible or not? What strategy may have been more effective? Explain.
Chapter 10 Interest Groups
CHAPTER GOALS
1. DEFINE INTEREST GROUPS AND DESCRIBE THE CHARACTERISTICS OF DIFFERENT TYPES OF GROUPS.
2. Explain how successful interest groups overcome collective action problems.
3. Explore the ways interest groups try to influence government policies.
4. Evaluate interest group influence.
Outline
DO INTEREST GROUPS SERVE THE NEEDS OF THE MANY, OR THE PRIVILEGED FEW?
What are interest groups?
Interest groups [PMI-5]
Lobbying [PMI-5]
Pluralism [PMI-5]
Interest group state [PMI-5]
The business of lobbying
Corporations [PMI-4]
Trade or peak associations [PMI-5]
Professional associations [PMI-5]
Labor organizations [PMI-5]
Citizen groups [PMI-5]
Institutional interest groups [PMI-5]
Organizational structures
Centralized groups [PMI-5]
Confederation [PMI-5]
Tea Party [PMI-5]
Staff
Revolving door [PMI-5]
Iron triangles [PMI-5]
Membership
Mass associations [PMI-5]
Peak associations [PMI-5]
Resources
People
Talking points [PMI-5]
Money
Expertise
In-house lobbyists [PMI-5]
Getting organized
The logic of collective action
Public goods [PMI-5]
Collective action problem [PMI-5]
Free riding [PMI-5]
Solidary benefits [PMI-5]
Purposive benefits [PMI-5]
Coercion [PMI-5]
Selective incentives [PMI-5]
Interest group strategies
Inside strategies [PMI-5]
Outside strategies [PMI-5]
Inside strategies
Inside strategies [PMI-5]
Direct lobbying
Direct lobbying [PMI-5]
Fence-sitters [PMI-5]
Drafting legislation and regulations
Bureaucrats [PMI-2, PMI-5]
Research
Hearings
Litigation
Amicus curiae (“friend of the court”) [PMI-5]
Working together
Issue networks [PMI-5]
Outside strategies
Outside strategies [PMI-5]
Grassroots lobbying
Grassroots lobbying [PMI-5]
Astroturf lobbying [PMI-5]
Mobilizing public opinion
501(c)(3) organizations [PMI-5]
Political action committee (PAC) [PMI-5]
527 organization [PMI-5]
Super PACs [PMI-5]
501(c)(4) organizations [PMI-5]
Electioneering
Cultivating media contacts
Bypassing government: the initiative process
Referendum [PMI-5]
Initiative [PMI-5]
Choosing strategies
How much power do interest groups have?
What determines when interest groups succeed?
Change versus preventing change
Veto override [CON-4]
Implementation [PMI-2]
Salience
Salience [PMI-5]
Iron triangles [PMI-5]
Conflict
Conclusion
In-Class Questions and Writing Prompts
{332}
1. Define “interest groups.”
2. Explain the purpose of lobbying.
3. Identify three entities that can make up an interest group.
4. Identify three functions of the public citizen.
5. Identify three functions of the National Rifle Association.
6. Explain how the pluralist perspective differs from the interest group state perspective.
{333}
7. Explain one reason why the number of interest groups and registered lobbyists is increasing.
8. Describe the membership and main purpose of business interest groups.
9. Describe the membership and main purpose of trade or peak associations.
10. Describe the membership and main purpose of professional associations.
11. Describe the membership and main purpose of labor organizations.
12. Describe the membership and main purpose of citizens groups.
13. Describe the membership and main purpose of institutional interest groups.
{334}
14. Describe how the bar graph on total spending on lobbying and total federal outlays would change if the figures were adjusted for inflation.
{335}
15. Identify the top spender in Figure 10.2.
16. Explain why the top spender spends so much money in lobbying.
17. Explain one reason why the National Rifle Association spends relatively little money in lobbying.
18. Explain one way that an interest group can have influence over government policy without spending very much money on lobbying.
{336}
19. Define “trade associations.”
20. Identify the two main models of interest group structure.
21. Define “centralized groups.”
22. Define “confederation” as it relates to interest groups.
23. Explain one advantage of centralized organization.
24. Explain one disadvantage of centralized organizations.
25. Explain one advantage of confederated groups.
26. Explain one disadvantage of confederated groups.
{337}
27. Explain two reasons to restrict gifts and perks to members of Congress.
{338}
28. Identify the two main categories of interest group staffs.
29. Define the revolving door practice.
30. Identify the three groups that make up iron triangles.
31. Explain how the revolving door helps iron triangles to form.
32. Explain one benefit of putting restrictions on the revolving door.
33. Explain one cost of putting restrictions on the revolving door.
{338–339}
34. Define “mass associations.”
{339}
35. Define “peak associations.”
36. Describe the two major challenges faced when using people as a resource.
{340–341}
37. Identify the main resources that interest groups use.
{342}
38. Identify four steps that a new interest group needs to do in order to get organized.
39. Define the collective action problem.
40. Define “free riding.”
41. Explain two reasons why it is difficult to get people to join an interest group.
42. Explain three ways that interest groups solve collective action problems.
{343}
43. Define “solidary benefits.”
44. Define “purposive benefits.”
45. Explain how solidary benefits and purposive benefits lessen the free rider problem.
46. Explain how coercion solves the free rider problem.
{344}
47. Define “selective incentives.”
48. Define “inside strategies.”
49. Define “outside strategies.”
{344–349}
50. Identify and describe the six different inside strategies.
{344}
51. Define “direct lobbying.”
{349}
52. Define “issue networks.”
53. Explain an advantage of groups working together.
54. Explain a disadvantage of groups working together.
55. Define “grassroots lobbying.”
{349–350}
56. Identify three forms of grassroots lobbying.
{350}
57. Explain one advantage and one disadvantage of 501(c)(3) interest groups.
58. Explain one advantage and one disadvantage of 527 interest groups.
59. Explain one advantage and one disadvantage of 501(c)(4) interest groups.
60. Explain one advantage and one disadvantage of PACs.
61. Explain one advantage and one disadvantage of Super PACs.
62. Define “Astroturf lobbying.”
63. Explain one advantage of Astroturf lobbying.
64. Explain one disadvantage of Astroturf lobbying.
65. Identify the two types of activities that 501(c)(3) organizations can do.
{350–351}
66. Define “political action committee (PAC).”
67. Define “527 organizations.”
68. Define “Super PACs.”
{352}
69. Explain two reasons that contributions do not buy victories.
{353}
70. Define “referendum.”
71. Define “initiative.”
{349–352)
72. Identify five types of outside strategies.
73. Describe four reasons why it is difficult to measure the effectiveness of interest groups.
{357}
74. Identify the three factors that shape interest group influence.
75. Explain why it is easier to prevent policy change than to initiate policy change.
76. Define “salience.”
77. Explain how salience affects interest group success.
78. Explain how low salience helps iron triangles dominate the policy process.
Stumbling Blocks
MORE THAN ANY OTHER, THIS CHAPTER WILL FORCE STUDENTS TO EMPATHIZE WITH DIFFERENT POINTS OF VIEW—NOT NECESSARILY FORCING STUDENTS TO ADOPT THESE VIEWS BUT HELPING THEM TO UNDERSTAND THE MOTIVES AND GOALS OF COMPETING INTERESTS.
There are not many misconceptions for students with regard to interest groups; since students do not know that much about interest groups in the first place, they have not had much time to learn things incorrectly. Perhaps this lack of knowledge is the biggest stumbling block. Like the media, interest groups do not have a good reputation, so if students have heard anything about lobbyists, it has most likely been in a negative light. Convey to the students that, as the text indicates, interest groups serve many different roles; it is too simplistic to perceive the purpose of interest groups as simply buying policies from politicians. Point out to students that because there are so many different competing interest groups, money would not necessarily buy what they want since different sides cancel each other out. It is important that students understand that interest groups serve many functions on their way to influencing policy. Educating members of Congress about particular issues and helping to draft legislation are important contributions to the policy-making process. Interest groups, therefore, do not have to be considered a necessary evil.
{338}
The revolving door nature of interest groups receives a well-balanced discussion on page 338. The concept of iron triangles helps highlight the positive aspects of the contributions of highly experienced former politicians and civil servants to better formulate policies. Only in the field of politics is experience often viewed so negatively.
{342–344}
Collective action and free rider problems can be discussed in terms of the prisoner’s dilemma paradox. Students may also encounter this concept in their economics courses, especially if they are taking AP® Microeconomics. In the basic prisoner’s dilemma scenario, two suspects have been accused of committing a crime. The best option for the pair of them as a group is to remain silent and not to confess, but for both individuals considering the costs (that is, jail time) of their actions, the best option for the individual is to confess. “Solving” the prisoner’s dilemma is to reconfigure the payoffs for the members so that their individual interests align with those of the group.
{349–353}
It will come as a surprise to many students that some interest groups and individuals contribute money to both political parties in particular races. An obvious motive for betting on all horses in a race is that whoever wins might feel beholden to their benefactors. Another less cynical reason is that since some of the issues are bipartisan in nature, it is important for interest groups to show both parties the urgency of getting their concerns onto the political agenda. Interest groups who contribute to both sides might also be planning for the future, in case the incumbent party loses the seat in subsequent elections.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) INTEREST GROUPS ARE KEY LINKAGE INSTITUTIONS ADVOCATING ON BEHALF OF CITIZENS AND ATTEMPTING TO INFLUENCE GOVERNMENT ACTIONS. (5-POINT RUBRIC)
A. Describe one inside strategy used by lobbyists to influence government officials. 1 point for description [Relatively low bar here. If students describe any of the activities, even without using the label identifying the activity, they can earn the point. For example, a student can describe lobbying without using the term and still earn the point here.]
B. Describe two outside strategies used by lobbyists to influence government officials. 1 point for each description, 2 total points [Same as part A, except that students are asked to provide two strategies rather than one.]
C. Explain how two interest group resources make some groups more powerful than others. 1 point for each explanation, 2 total points [To earn the point, the student needs to do more than just describe an interest group resource; the student needs to demonstrate how differences in this resource make one group more powerful than a group without the same resource.]
2) Attracting members is a key challenge facing interest groups. (5-point rubric)
A. Define the term “collective action problem.” 1 point for definition
B. Explain how each of the following helps an interest group attract individuals to become group members. 1 point for each description, 4 total points [For each item below, students will need to define/describe the term and then articulate how it overcomes the incentive to “free ride” without joining a group. The definition alone is not enough to earn an “explain” point here.]
a. Selective incentive
b. Solidary benefit
c. Purposive benefit
d. Coercion
Essential Questions and Objectives
1. WHAT ARE LINKAGE INSTITUTIONS?
2. What are the advantages and disadvantages of interest-group influence on elections and policy making?
3. How do discrepancies in types and resources of interest groups impact their ability to influence elections and policy making?
4. What effect do political actors have on public policy outcomes?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Recruit members of local, competing interest groups to come and debate a contemporary hot topic. Have the group members send some materials to the class a week or so in advance of their visit so that students can prepare questions to ask the representatives of each group. Have students moderate the debate and enforce time rules. After the participants leave, students can decide who “won” the debate and why.
Activity 2: Political Process Matters
A few weeks in advance of discussing the interest group chapter, have the students in class vote on the following false scenario: university leaders are considering requiring a standardized test that all students will have to pass in order to graduate. Students will need a score of 75 percent or better to pass the test, which they can take up to four times during their final semester on campus. Is such a requirement a good idea for the university? It is likely that a very high percentage of students will oppose such a proposal. When it comes time to have a discussion of interest groups, hold a class activity where the instructor plays the role of an interest-group lobbyist testifying before Congress. Reintroduce the proposal of a university-wide standardized test and let students ask questions about it. Some “facts” to have prepared include the following:
• At other universities where such a test is required, 97 percent of students pass by the second try.
• Having such a test makes the college degree more prestigious.
• An employer survey showed that people who graduated from such universities were more likely to get interviews for jobs.
• Starting salaries of students graduating from such universities are higher than starting salaries of graduates from universities without the requirement.
• It is part of a national trend.
• The proposal is not popular among students on campuses without the requirement but is not unpopular among students on campuses where the requirement already exists.
Then, resurvey students and compare the results. If the results have changed, this is evidence that the political process matters.
Activity 3: Politics Is Everywhere
One way to understand how interest groups try to attract and retain members is to explore one of their websites. Have students examine , the official website of the National Rifle Association, a powerful interest group. Students should quickly notice the sections for member benefits and member discounts. Direct students to take note of the wide variety of publications the NRA makes available. Have students scrutinize all of the different NRA merchandise that people can buy to show their support for the NRA and provide the NRA with revenue (and free advertising!). Point out how the NRA officials take time to address issues that are not directly connected to their own mission. For example, people can donate to an NRA fund that supports American service members in Iraq. The NRA also has a car-buying service for its members, something not required in order to foster support for a wide-ranging view of the Second Amendment. Lead students in a discussion about how these additional selective incentives might encourage people to join the NRA.
Activity 4: Before and After
Have your students go to the Open Secrets website and compare interest group spending before and after the Citizens United v. Federal Election Commission decision. Did the major “top” spenders change after the Supreme Court decision? Did the amount of spending increase? Did a particular party benefit from the changes? Discuss how the Supreme Court’s decision might influence how elections work, both in terms of elite strategy and how citizens decide for whom to vote on Election Day.
Discussion Questions
1. HOW DOES THE PROLIFERATION OF THE INTERNET AFFECT HOW PEOPLE JOIN INTEREST GROUPS AND PARTICIPATE IN GROUP ACTIVITIES?
2. People often bemoan the amount of money that is spent by interest groups’ efforts to influence elections. Should interest group spending be regulated or is it a matter of free speech (and thus groups should be able to spend whatever they like)?
3. Some interest groups, such as the NAACP, have used the court system to break down barriers for the group they represent (for example, Brown v. Board of Education). Other groups, such as the NRA, have lobbied Congress and state legislatures to advocate their interests (for example, opposing the Assault Weapons Ban). Ask students what cause(s) they would like to promote and which strategy—the courts or Congress—would they likely pursue. Why?
4. If interest groups mainly lobby citizens who already share the group’s preferences, then why do people have such negative perceptions of interest groups? Explain.
5. Discuss Mancur Olson’s research on interest groups. In particular, emphasize that there is an upper-class bias with regard to interest group participation. What are the implications of this reality in American democracy?
Video Clips
1. “SUPER PACS AND CAMPAIGN 2016” (C-SPAN). THIS PRESENTATION IS AVAILABLE AT: WWW.VIDEO/?328232-6/WASHINGTON-JOURNAL-SZELENA-GRAY-SUPER-PACS-CAMPAIGN-2016.
What is a Super PAC? How can a Super PAC influence an election? What do Super PAC officials typically do in a political campaign? How can the funding of American national political campaigns be reformed?
2. “Piers Morgan, Guests Debate Gun Control” (CNN). This is available at: ’cfuJnUJa5JA
What are some of the justifications presented by both gun control advocates as well as the gun lobby? What is the best course of action in order to reduce violence in the United States?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (LOBBYING THE FEDERAL GOVERNMENT: INSIDE AND OUTSIDE STRATEGIES). HOLD A DISCUSSION WITH STUDENTS ABOUT GUN VIOLENCE IN AMERICA. PRESUMABLY, ALL OF US WOULD PREFER A SOCIETY WITH NO VIOLENCE, BUT WE DIFFER IN OUR OPINIONS ON HOW THIS MAY BECOME A REALITY. WOULD INSIDE OR OUTSIDE STRATEGIES BE MORE EFFECTIVE IN REDUCING VIOLENCE IN AMERICA? BE SURE TO ENCOURAGE STUDENTS TO FULLY EXPLAIN THEIR PERSPECTIVES ON THIS ISSUE.
2. How It Works: In Practice (AIPAC and the Iran Nuclear Deal). Ask students to read the following newspaper article that appeared in The Washington Post: news/powerpost/wp/2015/09/03/how-aipac-lost-the-iran-deal-fight/. Ask students what lesson(s) can be learned from this example with regard to the art of lobbying.
Chapter 11 Congress
CHAPTER GOALS
1. EXPLAIN HOW MEMBERS OF CONGRESS REPRESENT THEIR CONSTITUENTS AND HOW ELECTIONS HOLD MEMBERS ACCOUNTABLE.
2. Examine how parties, the committee system, and staffers enable Congress to function.
3. Trace the steps in the legislative process.
4. Describe how Congress ensures that the bureaucracy implements policies correctly.
Outline
WHO DOES CONGRESS REPRESENT?
What Congress does
Congress and the Constitution
Enumerated powers [CON-2, CON-3]
Elastic clause [CON-2, CON-3]
Bicameralism [CON-3]
Federalist 57 [CON-3]
Common good [LOR-1]
Seventeenth Amendment [PMI-2]
Patronage [PMI-2]
Pork barrel [CON-3]
Congress represents the people (or tries to)
Types of representation
Descriptive representation [CON-3]
Substantive representation [CON-3]
Trustee model [CON-3]
Delegate model [CON-3]
Troubled Asset Relief Program (TARP) [CON-3]
Wall Street bailout [CON-3]
Politico [CON-3]
The role of the constituency
Casework [CON-3]
Members of Congress want to keep their jobs
Electoral connection [CON-3]
Incumbents work toward reelection
Advertising [MPA-3]
Credit claiming [MPA-3]
Pork-barrel policies [CON-3]
Position taking [MPA-3]
Roll call vote [MPA-3]
The incumbency advantage
Incumbency advantage [PRD-2]
Marginal districts [PRD-2]
Tsunami election of 2010 [PRD-2]
In the district: home style
Home style [CON-3]
Campaign fund-raising
Constituency service
Tuesday to Thursday Club [CON-3]
National forces in congressional elections
Redistricting connects representation and elections
Redistricting [CON-3]
Census [CON-3]
Apportionment [CON-3]
Baker v. Carr (1962) [CON-3]
Political question [CON-5]
Justiciable question [CON-5]
Partisan redistricting
Gerrymandering [CON-3]
Racial redistricting
Majority-minority districts [CON-3]
The responsibility–responsiveness dilemma
Gridlock [CON-3]
The structure of Congress
Informal structures
Informal structure [CON-3]
Universalism [CON-3]
Logrolling [CON-3]
Earmarks [CON-3]
Specialization [CON-3]
Seniority [CON-3]
Pork [CON-3]
Formal structures
Parties and party leaders
Speaker of the House [CON-3]
Majority Leader [CON-3]
Majority Whip [CON-3]
Caucus chair [CON-3]
Whip system [CON-3]
Minority Leader [CON-3]
Minority Whip [CON-3]
Conference chair [CON-3]
President pro tempore of the Senate [CON-3]
The role of parties and conditional party government
Parliamentary systems [CON-3]
Party line [CON-3]
Roll call votes [MPA-3]
Party votes [MPA-3]
Party unity [MPA-3]
Ideological polarization [MPA-3]
Brinkmanship [MPA-3]
Freedom Caucus [CON-3]
Fiscal cliff [CON-3]
The committee system
Standing committees [CON-3]
Select committees [CON-3]
Joint committees [CON-3]
Conference committees [CON-3]
Distributive theory [CON-3]
Big institution-level logroll [CON-3]
Informational theory [CON-3]
Ways and Means Committee [CON-3]
Appropriations Committee [CON-3]
Rules Committee [CON-3]
Rules [CON-3]
Congressional staff
How a bill becomes a law
The conventional process
Subcommittee [CON-3]
Floor action [CON-3]
Hopper [CON-3]
Markup [CON-3]
Amendments [CON-3]
Full committee [CON-3]
Tabling [CON-3]
Voice vote [CON-3]
Division vote [CON-3]
Recorded vote [CON-3]
Conference committee [CON-3]
Veto [CON-4]
Pocket veto [CON-4]
Continuing resolutions [CON-3]
Deviations from the conventional process
Discharge petition [CON-3]
Rules Committee [CON-3]
Omnibus legislation [CON-3]
Pork-barrel legislation [CON-3]
Differences in the House and Senate legislative processes
Reed’s Rules [CON-3]
The filibuster
Unanimous consent agreement [CON-3]
Cloture [CON-3]
Filibuster [CON-3]
Hold [CON-3]
House rules
House Rules Committee [CON-3]
Closed rules [CON-3]
Open rules [CON-3]
Modified rules [CON-3]
Committee of the Whole [CON-3]
Pro forma amendments [CON-3]
Oversight
Power of the purse [CON-3]
Fire alarm oversight [CON-3]
Police patrol oversight [CON-3]
Advice and consent [CON-3]
Impeachment [CON-3]
Conclusion
In-Class Questions and Writing Prompts
{364}
1. Identify the branch of government called the “first branch.”
2. Identify three of Congress’s enumerated powers.
{365}
3. Describe the purpose of the elastic clause.
4. Define “bicameralism.”
5. Identify the two lawmaking chambers.
6. Explain why the term for the House of Representatives is only two years.
7. Define “direct democracy.”
8. Explain why the Senate was considered to be the more responsible of the two lawmaking chambers.
9. Identify two characteristics of the Senate today that make it more insulated than the House of Representatives.
{364–365}
10. Define “pork barrel.”
{366}
11. Identify the two basic relationships between constituents and their members of Congress.
12. Describe the descriptive representation view of members of Congress.
13. Explain how descriptive representation relates to the perceived responsiveness of a member of Congress.
{368}
14. Define “substantive representation.”
15. Identify the two long-standing models of representation.
16. Describe the trustee model of substantive representation.
17. Describe the delegate model of substantive representation.
{368–369)
18. Describe the politico model of representation.
{370–371}
19. Define “casework.”
{371}
20. Identify three ways that congressional incumbents promote their chances for reelection.
{371–372}
21. Explain how congressional incumbents use advertising, credit claiming, and position taking to promote their chances for reelection.
{372}
22. Explain five problems associated with congressional incumbents focusing on reelection.
23. Define “incumbency advantage.”
{372}
24. Explain why the election of 2010 was called a tsunami election.
{373–375}
25. Explain three reasons for the increase in incumbency advantage.
{377}
26. Explain the purpose of redistricting.
27. Define “apportionment.”
{379}
28. Describe the major outcome of Baker v. Carr (1962).
29. Explain the purpose of gerrymandering.
30. Define “majority-minority districts.”
{379–380}
31. Explain the current legal standard concerning drawing congressional district lines.
{380}
32. Describe the responsibility-responsiveness dilemma.
33. Explain how the responsibility-responsiveness dilemma arises.
34. Define “gridlock.”
{382}
35. Identify four norms that provide an informal structure for the way Congress works.
36. Define “universalism.”
37. Define “logrolling.”
38. Define “earmarks.”
39. Explain the role that specialization plays in Congress.
40. Explain the significance of seniority in Congress.
{384}
41. Identify three formal structures that help shape members’ behavior in Congress.
42. Describe the process for determining committee leadership, the division of seats on committees, and the allocation of committee resources.
43. Identify three duties of the Speaker of the House.
44. Identify two duties of the House Majority Leader.
45. Identify three functions of the Whip system.
{386}
46. Identify the political office that holds the position of the president of the Senate.
47. Describe the function of the president of the Senate.
48. Describe the formal duty of the president pro tempore of the Senate.
49. Define “roll call votes.”
50. Define “party votes.”
51. Define “party unity.”
{387}
52. Define “ideological polarization.”
53. Explain how ideological polarization affects the passing of legislation.
{389}
54. Identify the four types of committees.
55. Define “standing committees.”
56. Describe the main purpose of select committees.
{389–390}
57. Define “joint committees.”
{390}
58. Describe the main purpose of conference committees.
{391}
59. Describe the distributive theory.
60. Describe informational theory.
61. Describe the main purpose of the Rules Committee.
62. Explain why the total number of congressional staff has increased significantly in the past 50 years.
{392–393}
63. Identify the eight steps of the lawmaking process.
{393}
64. Define “multiple referral.”
{393–396}
65. Identify four actions that occur in subcommittees.
{396}
66. Describe the purpose of the markup process.
67. Describe what happens when a bill reaches the floor.
{397}
68. Define a voice vote.
69. Define a division vote.
70. Define a recorded vote.
71. Explain one advantage and one disadvantage of a recorded vote.
72. Explain the purpose of the conference committee.
73. Describe the process for overriding a veto.
74. Explain how a pocket veto works.
{398–399}
75. Describe four ways that legislation may not follow the typical path.
76. Explain the purpose of a discharge petition.
77. Define “omnibus legislation.”
78. Describe three central differences in the legislative processes of the House and the Senate.
{399}
79. Explain the purpose of a unanimous consent agreement.
80. Define “cloture.”
81. Define “filibuster.”
82. Explain the purpose of a hold.
{399–400}
83. Explain the purpose of the House Rules Committee.
{400}
84. Identify three types of rules that govern the nature of debate on a bill.
85. Describe the purpose of closed rules.
86. Describe the purpose of open rules.
87. Describe the purpose of modified rules.
88. Define “Committee of the Whole.”
89. Describe what happens to amendments when the Committee of the Whole meets.
90. Explain the purpose of Congressional oversight.
{400–401}
91. Explain how Congress uses the power of the purse as a form of oversight.
92. Explain how Congress uses hearings and investigations as a form of oversight.
93. Define “fire alarm oversight.”
94. Define “police patrol oversight.”
Stumbling Blocks
{362–365}
A common complaint about politicians is that they lie and do not keep their promises. As this chapter explains, the truth is much more complicated. There are many reasons why politicians are unable to keep their promises, and there is not necessarily a dastardly motivation lurking behind their decisions. Sometimes circumstances change, and what they promised to do is no longer feasible or possible. Sometimes, in order to get some of what they promised, they have to compromise. And sometimes, there is a larger (national) picture that the politician has to consider; what is best for the country may not be best for that politician’s particular group of constituents. Some of these “difficult questions” are raised on page 364 and should be brought up to the students so they can see how often politicians are caught between Scylla and Charybdis.
{365–366}
When is a politician trying to buy votes and when are legislators serving their constituents? The issue of patronage raises this question, which will not necessarily be answered. It also raises the point that the issue of patronage is perceived differently when practiced in other countries. One country’s patronage is another country’s corruption. Even in the United States, there are many for whom pork is a bad name, especially when they are not the recipients. Specific instances of seemingly ridiculous pork projects abound, but behind each of these projects are people and firms who benefit, and is that not one of the reasons politicians are in office?
{366–371}
Descriptive versus substantive representation raises another counterintuitive point: members of Congress do not have to have the same demographic background as their constituents in order to represent them well. This does not mean that it is not important that there is more diversity in ethnicity/race and more gender equality for many reasons, not least of which is related to prejudice, but that students and constituents should really focus on whether their congresspeople are truly representing their interests. This section also points out that the issue of representation is made even more complicated when considering the diversity of interests among a constituency, which is discussed in detail on pages 369–371. Point out to the students that this diversity makes it difficult, if not impossible, for politicians to follow the delegate model.
{370–371}
On page 370 the text discusses the constituents’ growing demand that their representatives get involved in casework and spend more time in their district than in D.C. Point out to students that one reason why Congress has become more polarized is because members do not spend as much time together in Washington, socially and professionally, as they did in the past. When politicians spent more time with each other, even in informal circumstances, it was more difficult to demonize opposing party members. They also had more opportunities to see common ground over which they could compromise. Informal settings, such as parties and other social gatherings, can have an important impact on policy making as well as when politicians engage in debates and discussions on the House or Senate floor or in committee meetings. It might be more important for members of Congress to spend more time at home in order to get reelected (and to provide useful assistance to constituents), as is pointed out on page 376.
{371–372}
In reading the section on credit claiming, it will be quite easy for students to think that the only reason politicians do anything at all is for the sole purpose of getting reelected. Remind students that the main reason politicians are elected is to serve their constituents. Their service includes not only representing their interests in votes in Congress but also doing things for them at home, such as repairing a veteran’s hospital or acquiring a highway improvement grant, as suggested on page 371. Yes, politicians want to get reelected, but only so they can continue serving their district or state.
{377–380}
The issue of gerrymandering can be quite confusing for students and teachers alike (not to mention for state-level politicians who are responsible for drawing congressional district lines). There have been and continue to be many state-level and Supreme Court–level court cases on this topic. The textbook sums up the present legal status quite well on page 380: “The current legal standard is that race cannot be the predominant factor in drawing congressional district lines, but it can be one of the factors.” It is important to point out to students that this legal standard still leaves a lot of room for interpretation and disagreements. Another “twist” in redistricting is in a case that will be heard by the Supreme Court in 2017 concerning allegations that Wisconsin drew district lines to favor one political party over another. Since this case concerns party affiliation and not race as the deciding factor in redistricting, it is unlike many of the previous cases. Although Baker v. Carr (1961) and Shaw v. Reno (1993) are the only required Supreme Court cases on this topic the students must study, the Wisconsin case promises to be significant in terms of future elections and equal protection.
{381–383}
Students are often surprised that many of the ways in which Congress operates are guided by informal structures that have developed over time and have become accepted norms and traditions. Students should understand that even though the United States operates under the Constitution and all of the written laws stemming from that document, informal institutions and informal practices are very much a fabric of how Congress and the executive and judicial branches function. Thus, students should pay attention to the informal institutions as well as the formal ones in all aspects of this course.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE FRAMERS ESTABLISHED A SYSTEM OF REPRESENTATIVE DEMOCRACY IN THE UNITED STATES. (5-POINT RUBRIC)
A. Compare a direct democracy and a representative democracy. 1 point for comparison [Student must articulate a difference or similarity between these forms of government.]
B. Describe how two of the following views of representation envision the relationship between constituents and representatives in Congress. 1 point for each description, 2 total points [Definition here might be enough, as long as it describes the relationship between the actors.]
a. Delegate
b. Trustee
c. Politico
C. Describe how members of Congress use one of the following to represent their constituents. 1 point for description [Students must offer more than a definition—they must describe how it is used by congressmen/senators to represent.]
a. Pork barrel
b. Earmarks
D. Explain why a difference in the composition of constituencies of House members and senators affects the ability of legislators to represent their constituents. 1 point for explanation [The student must identify a difference in composition of constituencies and then articulate how this affects ability to represent constituents.]
2) The U.S. Constitution does not mention political parties or congressional committees and says little about leaders in Congress. However, these actors play a large role in how Congress operates. (6-point rubric)
A. Identify two congressional leadership positions that are mentioned in the U.S. Constitution. 1 point for each identification, 2 total points [Just listing a title is enough to identify: Speaker of House, VP/President of Senate, President Pro Tempore of Senate.]
B. Describe the role of one congressional leadership position that is not mentioned in the U.S Constitution. 1 point for description [Identifying a leadership position is not enough—student must describe the role. Position could be chamber leadership position or committee leadership.]
C. Describe the role of standing committees in Congress. 1 point for description [The definition of standing committees is not enough—student must describe the role.]
D. Explain how the majority party in a chamber exerts more influence than the minority party with respect to congressional leadership. 1 point for explanation [It is not enough to describe a power the majority party has with leadership—student must explain how this leads to more influence for majority over minority party.]
E. Explain how the majority party in a chamber exerts more influence than the minority party with respect to congressional committees. 1 point for explanation [It is not enough to describe a power the majority party has with committees—student must explain how this leads to more influence for majority over minority party.]
3) The framers created a bicameral legislature, with different enumerated roles for the House and Senate. Congress has created other differences between the chambers. (5-point rubric)
A. Describe two enumerated functions of Congress that differ between House and Senate. 1 point for each description, 2 total points [Simply identifying a function is not enough—student must describe the function that differs across chambers.]
B. Describe two ways the legislative process in the House of Representatives and Senate differ. 1 point for each description, 2 total points [The student must identify the part of the legislative process and give a correct statement about how it is different across chambers.]
C. Explain how differences between House and Senate versions of a bill get resolved. 1 point for explanation [Student must articulate how one of the three general paths for reconciling differences results in the same version passing both chambers.]
4) U.S. senators have more individual power than do members of the U.S. House of Representatives. (5-point rubric)
A. Identify one trend in the figure. 1 point for identification of trend
B. Explain how each of the following gives increased power to individual senators. 1 point for each explanation, 2 total points [Defining the term is not enough—student must articulate how this increases senators’ individual power.]
a. Filibuster
b. Holds
C. Explain how cloture limits the power of individual senators. 1 point for explanation [Defining term is not enough—student must articulate how this limits the power of individual senators.]
D. Explain how ideological polarization in Congress affects a trend in the figure. 1 point for explanation [Student must identify a trend and articulate how it is caused by ideological polarization in Congress. It does not need to be the same trend from part A.]
Essential Questions and Objectives
1. HOW DO U.S. CONGRESSIONAL ELECTIONS FUNCTION?
2. What are the distinct structure, powers, and functions of both the Senate and the House of Representatives?
3. How do the structure, powers, and functions of the Senate and the House of Representatives impact the policy-making process?
4. How is congressional conduct affected by election processes, partisanship, and divided government?
5. How does Congress implement its oversight power in its connection with the executive branch?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Split the class into several small groups of five members, three of whom belong to Party A and two of whom belong to Party B. Create a map of a state containing seven congressional districts, four belonging to Party A and three belonging to Party B. Party A’s vote totals as compared to Party B’s in the four districts controlled by Party A are District 1: 51–49 percent, District 2: 55–45 percent, District 3: 60–40 percent, and District 4: 75–25 percent. Party B’s vote totals in its three districts, as compared to Party A’s totals in those districts, are District 5: 51–49 percent, District 6: 55–45 percent, and District 7: 60–40 percent. Inform the class that there are too many voters in Districts 4, 5, and 7 and that 5 percent of the voters in each district must be moved to either District 1, 2, 3, or 6. Have the groups come up with new plans. Party A, which has the majority on the group’s redistricting committee, should try to improve its totals in District 1 and try to flip District 5 while making District 6 more competitive. Party B should try to protect the incumbent in District 5 with some of District 7’s voters. Tell the groups that four people have to agree on a plan for it to be approved. Thus, some compromises will have to be made, even though Party A is in the majority.
This exercise should give students firsthand experience “packing and cracking” congressional districts, explaining how rules matter, and showing how partisan conflict must be managed to get things done.
Activity 2: Political Process Matters
Inform students that the instructor would like to have a major quiz during the next class meeting. Inform them that the quiz will cover 25 percent of their final course grade. Then, ask them to vote on whether they want to have the quiz. If they ask questions or try to make bargains, simply reply that they are voting on whether or not they will have a quiz during the next class meeting that encompasses 25 percent of their grade. Tell them nothing about the content of the quiz, its format, and so forth. Undoubtedly, the vote will be a negative one.
Then, call the question again, this time allowing for debate and “negotiation.” Students (the instructor might even enlist a confederate or two to help) may suggest an open-book exam, that students get their choice of five essay questions, which will be provided to them beforehand, and so forth. Then, hold the vote again. If the results change, the influence of the Speaker of the House, when she or he decides to limit debate or forbid amendments on an issue in the House of Representatives, will be demonstrated. When debate is open and amendments are allowed, the results of particular pieces of legislation can change. Of course, it is also important to note that as a result of the debate, compromising, and amendments, the original goal of a tough midterm has likely been replaced by something easier. This illustrates, in an admittedly crude way, that some bills are ultimately “successful” even though they do not look all that much like the original piece of proposed legislation.
Activity 3: Politics Is Everywhere
The public, the media, and some politicians bemoan Congress’s pork barrel spending. However, political scientists Robert Stein and Kenneth Bickers have shown that when citizens are aware of pet projects their member of Congress has brought to the district, the representative is rewarded by those citizens at the polls. Have students explore the allocative (“pork barrel”) representation brought to their state and congressional district. Citizens Against Government Waste () lists pork-barrel projects by representative. Are there schools, highways, and/or courthouses named after a representative? What types of highway funds, public works projects, and the like have the students’ senators or the district’s representative brought back home to their constituents? Have students check their legislators’ websites to see if they claim credit for delivering the projects the class has discovered. Then, lead a discussion where students talk about whether the projects their legislators secured are examples of quality representation or irresponsible pork-barrel spending.
Activity 4: Fantasy Congress
Fantasy Congress is an online educational game in which small groups of students draft a team of legislators, choosing both representatives and senators to populate their rosters. Teams are awarded points when their “players” introduce bills, get bills out of committee, and get bills passed in each of the houses of Congress. Extra points are awarded if the president signs the bill into law. Students are forced to put partisan allegiances aside and consider how, exactly, Congress works in order to win.
Discussion Questions
1. WILL ROGERS JOKED THAT THE OPPOSITE OF PROGRESS IS CONGRESS. DO STUDENTS AGREE WITH HIS PREMISE? DOES CONGRESS ALWAYS GET IN THE WAY OF POSITIVE CHANGE? WHY OR WHY NOT?
2. If the number-one goal of members of Congress is reelection, should we be skeptical of everything they do in office? Or should we assume that members of Congress are behaving the way that they are because they think it is in our country’s best interest? Explain.
3. Congressional approval has been at or near all-time lows in recent years. Why is this the case, especially given the fact that Congress is the most representative institution in American government?
4. How important is presidential leadership in compelling Congress to act? Conventional wisdom is that President Obama’s investment in the health care debate helped push the vote on the Affordable Care Act over the top. Does the evidence that the authors provide about congressional behavior support the conventional wisdom?
5. What would happen if the United States had publicly financed campaigns? Would members of Congress be more productive if they did not have to spend so much time fundraising? What are the implications of publicly financed campaigns for the American democracy?
Video Clips
1. “HOW CONGRESS WORKS: AN INSIDER’S VIEW ON HOW A BILL BECOMES A LAW” (THE CENTER ON CONGRESS AT INDIANA UNIVERSITY). THIS PRESENTATION IS AVAILABLE AT: ’TZ6RCILHKYG.
What are the general steps of how a bill becomes a law? The instructor should be sure to discuss the substantive aspects of introduction, committee action, floor action, and enactment into law.
2. “U.S. Capitol Dome Tour” (C-SPAN). This presentation is available at: video/?c4469917/us-capitol-dome-tour.
Ask students what they learned about the U.S. Capitol. What did they learn about George Washington? What can students report about the integration of Greek and Roman mythology with American life in the nineteenth century?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (PASSING LEGISLATION). HOLD A DISCUSSION WITH STUDENTS ABOUT THE LEGISLATIVE PROCESS IN AMERICA. ASK THEM TO DISTINGUISH BETWEEN AND AMONG THE HOUSE OF REPRESENTATIVES AND THE SENATE IN TERMS OF PASSING LEGISLATION. ARE THERE SIGNIFICANT DIFFERENCES BETWEEN AND AMONG THE TWO CHAMBERS OF CONGRESS WHEN IT COMES TO THE PROCESS OF HOW A BILL BECOMES A LAW?
2. How It Works: In Practice (Passing the Affordable Care Act). Ask students to investigate three laws passed in history that they believe can be categorized as monumental laws in the United States. What was the vote breakdown in each instance? How do these tallies compare with the Affordable Care Act? Is the Affordable Care Act a representative bill, at least in the context of recent history? Explain.
Chapter 12 The Presidency
CHAPTER GOALS
1. TRACE THE EVOLUTION OF PRESIDENTIAL POWER.
2. Describe the constitutional and statutory powers of the president today.
3. Explain how the Executive Office of the President, the vice president, the first spouse, and the cabinet help the president.
4. Explain how modern presidents have become even more powerful.
Outline
WHY CAN’T THE PRESIDENT GET MORE DONE?
The development of presidential power
Early years through World War I
Republican Party [PMI-4]
Industrialization [CON-4]
Antitrust [CON-4]
Executive branch [CON-4]
The Great Depression through the present
Great Depression [CON-4]
Franklin Roosevelt [CON-4]
New Deal reforms [CON-4]
Civil rights reforms [PMI-3]
Medicare [CON-4]
Medicaid [CON-4]
Richard Nixon [CON-4]
Ronald Reagan [CON-4]
Bill Clinton [CON-4]
North American Free Trade Agreement [CON-4]
George W. Bush [CON-4]
Barack Obama [CON-4]
The president’s job description
Constitutional authority [CON-4]
Statutory authority [CON-4]
Head of the executive branch
Vesting clause [CON-4]
Head of government [CON-4]
Executive branch [CON-4]
Head of state [CON-4]
Implementation [CON-4]
Federal Emergency Management Agency (FEMA) [CON-4]
Affordable Care Act (ACA) of 2010 [CON-2, CON-4]
Appointments
Appointment power [CON-4]
Cabinet secretaries [CON-4]
Recess appointment [CON-4]
Executive orders
Executive orders [CON-4]
Emancipation Proclamation [CON-4]
Commander in chief
Commander in chief [CON-4]
War Powers Resolution of 1973 [CON-4]
Treaty making and foreign policy
Treaties [CON-4]
2015 Paris Climate Accord [CON-4]
Executive agreement [CON-4]
Legislative power
Bargaining [CON-4]
State of the Union [CON-4]
Veto [CON-4]
Override [CON-4]
Pocket veto [CON-4]
Other duties and powers
Pardon [CON-4]
Executive privilege
Executive privilege [CON-4]
United States v. Nixon (1974) [CON-4]
Special prosecutor [CON-4]
Justice Department [CON-4]
Watergate scandal [CON-4]
The presidency as an institution
Executive branch [CON-4]
The executive office of the president
Executive Office of the President (EOP) [CON-4]
Office of Management and Budget [CON-4]
Office of the United States Trade Representative [CON-4]
West Wing [CON-4]
Oval Office [CON-4]
Vice president [CON-4]
Press secretary [CON-4]
Chief of staff [CON-4]
Office of the United States Trade Representative [CON-4]
National Security Council (NSC) [CON-4]
The vice president
Vice president [CON-4]
President pro tempore of the Senate [CON-4]
The first spouse
First spouses [CON-4]
The president’s Cabinet
Cabinet [CON-4]
Presidential power today
Presidents and unilateral action
Unilateral action [CON-4]
War Powers Act [CON-4]
Unitary executive theory [CON-4]
Vesting clause [CON-4]
War Powers Resolution [CON-4]
Control over the interpretation and implementation of laws
Signing statement [CON-4]
Congressional responses to unilateral action
Impeachment process [PMI-1]
Indict [PMI-1]
President as politician
Presidential approval rating [MPA-2]
The president as party leader
Going public
Going public [CON-4]
Bully pulpit [CON-4]
Conclusion
In-Class Questions and Writing Prompts
{408}
1. Describe the Monroe Doctrine.
{409}
2. Provide an example of how Theodore Roosevelt expanded the powers of the presidency.
3. Provide an example of how Woodrow Wilson expanded the powers of the presidency.
{411}
4. Identify two informal (that is, not constitutionally based) presidential powers.
5. Define “constitutional authority.”
6. Define “statutory authority.”
7. Describe the purpose of the vesting clause.
{412}
8. Define “head of government.”
9. Define “head of state.”
{413}
10. Define the president’s appointment power.
11. Define the president’s recess appointment power.
{413–414}
12. Define “executive orders.”
13. Explain one advantage and one disadvantage of the president’s power of issuing executive orders.
14. Identify two duties of the president as commander in chief.
{414–416}
15. Describe the main purpose of the War Powers Resolution of 1973.
{415}
16. Identify under which type of government (divided or unified) Bill Clinton issued more executive orders by year and in total.
17. Identify under which type of government (divided or unified) George W. Bush issued the least number of executive orders.
18. Identify under which type of government (divided or unified) Barack Obama issued the most executive orders by year and in total.
19. Using the table on page 415, explain one reason why divided or unified government does not have an impact on the number of executive issues ordered.
20. Explain one reason why the president might bypass Congress by using executive orders under a unified government.
{416}
21. Identify three ways that Congress can curb a president’s war-making powers.
22. Explain how senatorial approval affects the treaty negotiation process.
23. Define “executive agreement.”
{417}
24. Explain why bargaining power between the president and Congress is important.
25. Explain two purposes of the State of the Union.
26. Define a pocket veto.
27. Describe how Congress can avoid pocket vetoes.
28. Identify when vetoes are more likely to occur.
{417–418}
29. Explain a purpose of a president’s threat to veto legislation.
{422}
30. Identify one restriction on presidential pardons.
31. Define “executive privilege.”
{422–424}
32. Explain one advantage and one disadvantage of executive privilege.
33. Describe the general membership of the Executive Office of the President.
{424–425]
34. Describe the main purpose of the Office of Management and Budget.
{425}
35. Describe the main purpose of the Office of the United States Trade Representative.
36. Identify four positions that make up the West Wing.
{426}
37. Identify two constitutional duties of the vice president.
38. Identify two informal roles of the first spouse.
{427}
39. Identify who composes the Cabinet.
{428}
40. Explain why presidents often take unilateral action.
41. Describe the unitary executive theory.
42. Explain the purpose of a signing statement.
{431–432}
43. Describe the two stages of the impeachment process.
{432}
44. Identify the important indicator of presidential performance that shows the percentage of the public that thinks the president is doing a good job in office.
{433}
45. Explain one reason why the president needs support from members of his or her party in Congress.
46. Explain one reason why the president’s party needs the support of its president.
{434}
47. Explain one reason why presidents go public.
48. Explain one disadvantage of the bully pulpit.
49. Explain how presidents are constrained by the times in which they govern.
{436}
50. Identify the period of time in which Barack Obama’s approval ratings were the highest.
51. Explain one reason why the approval ratings were so high at the time identified in question 50.
Stumbling Blocks
THOUGH AP® U.S. GOVERNMENT AND POLITICS IS NOT A CURRENT EVENTS COURSE, IT IS IMPORTANT FOR STUDENTS TO STAY ABREAST OF WHAT IS GOING ON IN THE UNITED STATES AND SEE HOW THE THEORIES AND CONCEPTS DISCUSSED IN THE TEXT REFLECT REAL-WORLD EVENTS. ALTHOUGH OFTEN NOT AS NOTICEABLE IN TEXTBOOKS IN OTHER CORE DISCIPLINES, SUCH AS MATH, ENGLISH, AND, TO SOME EXTENT, SCIENCE, THERE IS ALWAYS SOME LAG BETWEEN WHEN A BOOK IS WRITTEN AND WHEN IT IS PUBLISHED. THIS CHAPTER BEGINS WITH THE TRUMP PRESIDENCY, AND TEACHERS CAN LOOK AT THE TIME SPAN BETWEEN WHAT HAS BEEN WRITTEN AND WHAT IS CURRENTLY GOING ON IN TRUMP’S TENURE AS AN OPPORTUNITY TO BRING THE TEXTBOOK UP TO THE PRESENT. FOR EXAMPLE, STUDENTS CAN LOOK AT THE PEOPLE IDENTIFIED IN THE TEXT THAT TRUMP HAS PLACED INTO DIFFERENT WEST WING POSITIONS AND SEE WHAT THEY ARE CURRENTLY WORKING ON, IF THEIR ROLES HAVE CHANGED, OR IF THEY ARE STILL IN THEIR POSITIONS. IF NOT, WHY OR WHY NOT? FOR EXAMPLE, ON PAGE 426 THE AUTHORS SUGGEST THAT VICE PRESIDENT MIKE PENCE WILL PLAY THE ROLE OF PRESIDENTIAL CONFIDANT SIMILAR TO THE RELATIONSHIP BETWEEN PRESIDENT OBAMA AND VICE PRESIDENT BIDEN. IS THERE EVIDENCE THAT SUCH A RELATIONSHIP HAS DEVELOPED? MELANIA TRUMP, AS THE AUTHORS POINT OUT ON THE SAME PAGE, PLANNED TO GET INVOLVED IN STOPPING CYBERBULLYING. AS OF THIS WRITING IN OCTOBER 2017, SHE HAS NOT STARTED ON THIS PROCESS. THE STUDENTS CAN DO THE SAME TYPE OF EXERCISE WITH REGARD TO POLICIES THAT CANDIDATE TRUMP AND PRESIDENT TRUMP PROMISED TO ENACT. THE POINT OF THESE EXERCISES IS FOR STUDENTS TO UNDERSTAND THAT OTHER FACTORS ARISE DURING A PRESIDENCY THAT WILL MAKE THE LEADER CHANGE POSITIONS OR TACTICS. ACCORDING TO FORMER GOVERNOR MARIO CUOMO, “YOU CAMPAIGN IN POETRY. YOU GOVERN IN PROSE.” (NEW REPUBLIC, APRIL 4, 1985) CIRCUMSTANCES AND LEADERS OFTEN MUST ADAPT.
{425}
Unless pointed out to the students, they probably will not appreciate that the influential Executive Office of the President is composed almost entirely of people who were not elected to the positions. Some have to receive Senate approval, but certain positions such as chief of staff do not. Although fictional, there are many excerpts from the TV show The West Wing that are instructive in pointing out that the president does not make decisions alone or in a vacuum and many decisions are influenced by nonelected functionaries.
{426}
Students are often surprised at how little is written about the vice president in the Constitution and how few formal powers this office holds. Since most students before taking a course like this do not keep up with current events, this revelation about the vice president does not come as much of a surprise as it should. Discussing how certain vice presidents, such as Al Gore, Dick Cheney, and Joseph Biden, have attained considerable power and influence is another opportunity to show how important informal powers and practices can be. This observation can be extended to a discussion of the first lady as well.
{432}
People often confuse the word “impeachment”—or “indictment,” its synonym in the legal system—with conviction. In fact, impeachment only means that the House of Representatives (or a grand jury, in the case of a legal trial) has decided there is enough evidence to hold a trial, which is then held in the Senate. Thus, two presidents have been impeached but not convicted, though students and the general public are often surprised at this distinction and do not believe that President Clinton was impeached since he remained in office.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) PRESIDENTS HAVE THE ABILITY TO ACT UNILATERALLY TO ACHIEVE CERTAIN GOALS. (5-POINT RUBRIC)
A. Identify a trend in the figure/graph/chart. 1 point for identification
B. Describe each of the following unilateral actions. 1 point for each description, 3 total points. [This is relatively straightforward. A definition or description of these items will earn a point.]
a. Executive order
b. Presidential signing statement
c. Executive privilege
C. Explain why divided government increases the likelihood that a president will engage in unilateral actions. 1 point for explanation [Student must first demonstrate knowledge of what divided government is and then articulate how it encourages unilateral action. For example, divided government hampers legislative productivity in Congress or presidential success through more traditional channels, thereby giving an incentive to act unilaterally to achieve policy goals.]
2) The U.S. Constitution affords the president a great deal of power, but it is not the only source of presidential power. (6-point rubric)
A. Identify three enumerated presidential powers. 1 point for each identification, 3 total points. [A simple list will suffice here, and there are many from which to choose to earn each point. The key will be selecting powers tied to the Constitution.]
B. Describe two ways that another actor limits presidential power in the political system. 1 point for each description, 2 total points [A description of any check on presidential power will suffice here. The student does not need to use a term to identify the check to earn the point.]
C. Explain how vague language in the U.S. Constitution allows presidents to expand power beyond what is granted in the Constitution. 1 point for explanation [The student must demonstrate knowledge of a source of ambiguity in the Constitution and then articulate how this vague language has led to increased presidential power. For example, the vesting clause and the “take care” clause are possible options to earn this point.]
Essential Questions and Objectives
1. HOW CAN THE PRESIDENT PUT A POLICY AGENDA INTO EFFECT?
2. How could the president’s agenda cause tension with Congress?
3. Explain how presidents have understood and rationalized their use of formal and informal powers.
4. How does the president hold the executive branch agencies and departments accountable for carrying out their duties in accordance with the goals of the administration?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Examine presidency.ucsb.edu/news_conferences.php and select a news conference from the 1930s, 1950s, and 2000s. Show students some examples of questions and answers. How have things changed over time? Has the press always been combative with the president? Has the press always remained deferential? Or have things changed over time? Are these changes helpful when it comes to the public’s ability to learn about presidents via their news conferences?
Activity 2: Political Process Matters
Political scientist Lawrence Jacobs has demonstrated that while “going public” may be an effective presidential leadership strategy, the process by which a president goes public may affect whether the president achieves goals. Jacobs compares President Clinton’s health care strategy to his Social Security strategy. With health care, there was a highly coordinated effort at nearly all levels of the executive branch to stay on message. This resulted in bountiful coverage of the health care issue focusing on political strategy, giving a great deal of time to the plan’s opponents, and relying on independent experts as sources. Later in Clinton’s term, he embarked on a major Social Security initiative. This time, he did not have an all-encompassing policy plan, nor did he have a coordinated media plan. Rather, he argued that he wanted to develop a bipartisan consensus on the issue. While there was less coverage on the issue, it was more substantive and gave the president and his ideas more attention than interest groups received. Ultimately, Clinton was successful in his effort to reform Social Security but failed in his attempt to provide universal health care to Americans. Examine recent news coverage of the major issue the president is dealing with and discuss which strategy the president is using and how likely it is to work.
Activity 3: Politics Is Everywhere
If politics is everywhere, the president is everywhere! Have students examine news coverage in national newspapers and television broadcasts comparing the amount of coverage presidents get as compared to members of Congress, the Supreme Court, and other important facets of government. Typically, students very quickly realize that we live in a “president-centric” society!
Activity 4: Power Hungry?
Watch the PBS FrontLine documentary “Obama’s Deal,” which chronicles the fight for health care reform under President Obama. It is available at . Have students pay special attention to the different presidential power strategies suggested by staff and ultimately used by the president. How effective was persuasion, going public, and using executive authority? How much did the configuration of Congress matter in the ultimate passage of health care reform?
Discussion Questions
1. SHOULD PRESIDENTS BE ABLE TO USE SIGNING STATEMENTS TO CIRCUMVENT THE INTENT OF A LAW? WHY OR WHY NOT?
2. Is the president the most powerful person in the world? Explain.
3. Would students ever want to work in the White House? Why or why not?
4. Does the unitary executive theory produce positive results for the American citizenry? If so, by what criteria?
5. How important are the circumstances facing a president on Inauguration Day when it comes to determining presidential success?
6. What are the characteristics of an effective president? Using these same characteristics, identify the best presidents in U.S. history. Conversely, identify the worst presidents in U.S. history. Who would make an effective president today? Explain.
Video Clips
1. “FIRST KENNEDY-NIXON DEBATE, 26 SEPTEMBER 1960” (JOHN F. KENNEDY PRESIDENTIAL LIBRARY AND MUSEUM). THIS PRESENTATION IS AVAILABLE AT: WWW.ASSET-VIEWER/LYJ_UVJ9GEYA5U9BUPW8HG.ASPX.
Watch the first televised debate in U.S. history of the two major party candidates. Who was more substantive in terms of his responses to the questions? Who appeared more “presidential”? Who “won” the debate and why?
2. “Mr. Neustadt Describes Modern Presidency” (C-SPAN). This presentation is available at: video/?c4496298/mr-neustadt-describes-modern-presidency.
According to this eminent political scientist, what was the original intent of the framers of the Constitution with regard to presidential power? How has the institution changed in the modern era (since the days of Franklin Roosevelt)? What happens to presidential power in a time of crisis?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (HOW PRESIDENTS MAKE POLICY OUTSIDE THE LEGISLATIVE PROCESS). ASK STUDENTS IN THE CLASS TO DIVIDE INTO SMALLER GROUPS AND RESEARCH AND DOCUMENT THREE INSTANCES WHERE A PRESIDENT HAS MADE POLICY OUTSIDE THE TRADITIONAL LEGISLATIVE PROCESS. HAVE THE GROUPS ASSEMBLE IN CLASS AND SHARE THEIR FINDINGS WITH ONE ANOTHER.
2. How It Works: In Practice (Obama Reestablishes Relations with Cuba). Have students research the background history of U.S. relations with Cuba going back at least to 1959. Hold a discussion as to the relative advantages and disadvantages of reestablishing relations with Cuba.
Chapter 13 The Bureaucracy
CHAPTER GOALS
1. DEFINE BUREAUCRACY AND EXPLAIN ITS MAJOR FUNCTIONS.
2. Trace the expansion of the federal bureaucracy over time.
3. Describe the size and structure of the executive branch today.
4. Describe who bureaucrats are and the regulations that govern their employment.
5. Explain how Congress and the president oversee the executive branch.
Outline
WHAT’S WITH ALL THIS RED TAPE?
What is the federal bureaucracy?
Bureaucracy [PMI-2]
Civil servants [PMI-2]
Political appointees [PMI-2]
Administrative state [PMI-2]
What do bureaucrats do?
Food and Drug Administration (FDA) [PMI-2]
Regulations
Regulation [PMI-2]
Environmental Protection Agency (EPA) [PMI-2]
Notice-and-comment procedure [PMI-2]
Federal Aviation Administration (FAA) [PMI-2]
Oversight [PMI-2]
Research, Development, and New Policies
National Institutes of Health (NIH) [PMI-2]
Bureaucratic expertise and its consequences
State capacity [PMI-2]
Red tape and standard operating procedures
Red tape [PMI-2]
Standard operating procedures [PMI-2]
The problem of control
Problem of control [PMI-2]
Principal–agent game [PMI-2]
Regulatory capture [PMI-2]
How has the American bureaucracy grown?
The beginning of America’s bureaucracy
Spoils system [PMI-2]
Building a new American state: the Progressive Era
1883 Pendleton Civil Service Act [PMI-2]
Federal civil service [PMI-2]
Merit system [PMI-2]
The New Deal, the Great Society, and the Reagan revolution
New Deal [PMI-2]
Great Society [PMI-2]
The New Deal
The New Deal [PMI-2]
Great Depression [PMI-2]
The Great Society
Great Society [PMI-2]
Separate but equal [PMI-3]
The Reagan revolution and afterward
The modern federal bureaucracy
The structure of the federal government
Executive Office of the President (EOP) [PMI-2]
Office of Management and Budget [CON-3, PMI-2]
Independent agencies [PMI-2]
Federal Reserve System [PMI-2]
Federal Deposit Insurance Corporation [PMI-2]
The size of the federal government
Budget maximizers [PMI-2, PMI-5]
The human face of the bureaucracy
Bureaucrat [PMI-2]
Civil service regulations
Limits on political activity
Hatch Act [PMI-2]
1993 Federal Employees Political Activities Act [PMI-2]
Political appointees and the Senior Executive Service
Turkey farms [CON-4]
Senior Executive Service (SES) [PMI-2]
Controlling the bureaucracy
Bureaucratic drift [PMI-2]
Agency organization
Bureaucratic drift [PMI-2]
Monitoring
Oversight [PMI-2]
Advance warning
Investigations: police patrols and fire alarms
Police patrol oversight [PMI-2]
Fire alarm oversight [PMI-2]
Correcting violations
Bureaucratic drift [PMI-2]
The consequences of control
Conclusion
In-Class Questions and Writing Prompts
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1. Define “bureaucracy.”
2. Define “civil servants.”
3. Explain how political appointees are different from civil servants.
4. Define the administrative state.
5. Identify the main role of the bureaucracy.
6. Explain the purpose of regulations.
{443}
7. Describe the notice-and-comment procedure.
8. Explain two reasons why bureaucrats take account of pressures from elected officials.
{442–447}
9. Identify three main functions of bureaucracies.
{447}
10. Define “state capacity.”
11. Define “red tape.”
12. Define “standard operating procedures.”
13. Explain one reason for the importance of following standard operating procedures.
14. Explain one disadvantage of red tape.
{448}
15. Describe the problem of control.
16. Describe the principal-agent game as it relates to the bureaucracy.
17. Explain the problem with regulatory capture.
{449}
18. Explain two reasons why so many people consider government to be inefficient and wasteful.
{451}
19. Describe the spoils system.
20. Explain why the spoils system was important to party organizations.
21. Explain one disadvantage of the spoils system.
22. Identify the system that was created by the 1883 Pendleton Civil Service Act.
{451–452}
23. Describe the purpose of the federal civil service.
{452}
24. Explain how the New Deal affected the role of government.
25. Compare the Progressive Era reforms with the New Deal reforms with respect to the civil service.
26. Identify three of the programs started during the Great Society.
{454}
27. Describe two duties of the Office of Management and Budget.
28. Identify two independent agencies.
29. Describe the purpose of the Federal Reserve System.
30. Describe the purpose of the Federal Deposit Insurance Corporation.
{457}
31. Using the concept of federalism, explain why the Department of Defense’s total number of employees is so much higher than that of the Department of Education’s total number of employees.
32. Explain why bureaucrats are considered to be budget maximizers.
33. Explain two reasons why the view of bureaucrats as just budget maximizers is too simplistic.
{458}
34. Based on the data in Table 13.2, explain why it would be difficult to significantly reduce the size of the federal government.
{459–460}
35. Explain one advantage for society of civil servants having job security.
36. Explain one disadvantage for society of civil servants having job security.
37. Describe the purpose of the Hatch Act.
38. Describe the purpose of the 1993 Federal Employees Political Activities Act.
39. Describe the purpose of turkey farms.
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40. Describe the trend in government spending from 2000 to 2017.
41. Describe the trend in government spending as a percentage of gross domestic product (GDP) from 2000 to 2009.
42. Describe the trend in government spending as a percentage of GDP from 2009 to 2017.
43. Explain whether government spending or government spending as a percentage of GDP is a better way to measure the size of the federal government.
{462–463}
44. Explain two reasons why the president makes appointments to senior positions in the executive branch.
{463}
45. Explain one way that elected officials try to control bureaucrats.
46. Explain one disadvantage of elected officials giving bureaucrats simple, direct orders.
{464}
47. Define “bureaucratic drift.”
{464–468}
48. Identify four ways the elected officials try to eliminate bureaucratic drift.
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49. Explain how the organization of agency limits bureaucratic drift.
{464–465}
50. Define “oversight.”
51. Explain how monitoring limits bureaucratic drift.
52. Explain a difficulty with effectively implementing oversight.
{465–466}
53. Explain how the notice and comment procedure affects the regulation-making process.
{465}
54. Explain one advantage and one disadvantage of not being able to fire civil service employees.
{466}
55. Identify the two types of oversight.
56. Describe how police patrol oversight works.
57. Explain one disadvantage of police patrol oversight.
58. Describe how fire alarm oversight works.
{467}
59. Explain one disadvantage of fire alarm oversight.
60. Explain two reasons why it is difficult to correct bureaucratic drift.
61. Explain why it is often difficult for bureaucrats to carry out the goals laid out by members of Congress and the president.
Stumbling Blocks
{442–446}
Bureaucracy has gotten a bad reputation over the years—nay, centuries—and sometimes with good reason. Adults more often than students have a reflexive negative reaction when they hear this word, and the usual examples that teachers give students, such as the Department of Motor Vehicles (DMV), unintentionally introduces or reinforces the negative connotation. Although there are downsides to a bureaucracy, one of the major missions in this chapter is to point out all of the positives that bureaucracies have to offer—that it would be very difficult, if not impossible, for society to function without a bureaucracy. At the same time, some functions of a bureaucracy, such as regulations, really do have more than one side that students should consider and evaluate. As the textbook suggests, regulations are often imposed for safety or health considerations, but some people—usually those being regulated—often believe that regulations go too far and are too costly.
{450–453, 458–460, 462–463}
As mentioned before, the AP® U.S. Government and Politics course is not a U.S. History course, but the history section of the chapter is instructive for two reasons. First, it will help students understand the reasons behind the citizenry not wanting a growing bureaucracy and the causes for the bureaucracy eventually growing exponentially and in many different directions. Second, this section also helps students see how the civil service moved from a spoils (patronage) system to one based on merit. However, once this point about meritocracy is made, the students will then be surprised or confused to learn that the top positions, the cabinet secretaries and heads of other government departments, are often selected through patronage and not always by merit. These two characteristics are not always mutually exclusive, and in some cases the vision for the department, which the leader is responsible for formulating, is just as important as the substantive information that the many civil servants have who do the research and carry out the leader’s vision.
{459–460}
The fact that it is very difficult to fire civil servants often rankles people who conjure up images of legions of incompetent workers getting paid at the taxpayers’ expense. Though this certainly does happen, it is important to point out that it is more likely that we hear about these extreme cases and not the overwhelming majority of bureaucrats who are doing their jobs. As the text points out, something the average citizen probably does not know is that “about 11,000 civil servants are fired in a given year.” Although this is a small percentage of the total bureaucratic workforce, it stands to reason that it would not be a high number given the merit system in place of hiring and promoting these government workers in the first place.
{460–464}
Civil servants are supposed to be apolitical; they are supposed to carry out the directives from their superiors and not their own personal, political agendas. This does not mean that civil servants do not have agendas or that these agendas do not conflict with what they are supposed to be carrying out. The textbook points out that this phenomenon is called bureaucratic drift. A lesson to be learned is that the human factor is impossible to remove from the equation and that any time a rule is made, it is human nature to figure out a way around it. Rules can be interpreted in ways not originally conceived (e.g., the law of unintended consequences).
Though it is a British series about British politics, Yes, Minister (and its sequel, Yes, Prime Minister) humorously but accurately represents the tension and interaction between apolitical civil servants and the political appointees who run their departments. In some of the episodes, the civil servants are able to “beat” the political leader of their department and maintain the status quo. In other episodes, the minister prevails, but in the most interesting installments, the civil servants and the minster unite to challenge another department of the bureaucracy. The battles between the politicians and their civil servants are never ideological debates about policy. When the civil servants are against a policy, it is because they believe it will not be possible to implement (perhaps it has been tried before without success) or it will weaken the position and power of their department. But at the end of the day, and at the end of every episode, the civil servants say “yes, minister” because they must follow the political leader’s directives.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE FEDERAL BUREAUCRACY PLAYS AN IMPORTANT ROLE IN THE POLICY PROCESS. (4-POINT RUBRIC)
A. Define the term “red tape.” 1 point for definition
B. Describe the process used by Congress to help constituents cut red tape. 1 point for description [Students do not need to use the term “casework” to earn the point, but they should describe this work. If students provide an example of a casework activity in Congress that demonstrates how it is used to cut red tape, this is acceptable to earn a point.]
C. Define the term “rulemaking.” 1 point for definition
D. Explain how rulemaking differs from policy that results from the legislative process. 1 point for explanation [There are several choices here for students to earn a point, but the key will be to articulate how regulations differ from federal law. The question is broadly worded, so students can earn a point by correctly articulating differences in the process for creating each, how the substance may differ across them, how easily they could be changed/overturned later, and so on. For example, students can articulate differences in the actors responsible for actually making the policy in these settings, the ease by which these policies can be “undone,” the role of the public in weighing in on these policies, the role of parties/compromise in shaping the outcome of the policies, and so on.]
2) The federal bureaucracy is comprised of millions of employees in different sectors. (5-point rubric)
A. Identify a trend from the figure with respect to the size of the federal bureaucracy. (The Office of Personnel Management can act as a source. Data is found here: . I envision having a line graph, with one line showing non-military executive branch employees over time and another showing the military personnel size.) 1 point for identification [There is a low threshold for identification, so as long as the student correctly mentions a trend, he or she earns the point. There are several options here for students. One option is to compare the different levels across the variables—for example, by saying that there typically have been more civilian executive branch employees than military personnel over time. Another option would be to discuss a trend for just one variable—for example, the number of military personnel has decreased over the past few decades.]
B. Explain two reasons why a large federal bureaucracy improves the ability of Congress to do its job. 1 point for each explanation, 2 total points [There are several approaches to earn a point here, but students must be able to articulate how Congress benefits from a large bureaucracy. For example, students can articulate how having more federal employees makes it easier to implement laws that Congress enacts, more expertise/sources of information for members of Congress when crafting laws, and more red tape that Congress can heroically cut for constituents.]
C. Explain two reasons why a large federal bureaucracy hinders the ability of Congress to do its job. 1 point for each explanation, 2 total points [Same as part B, except the student is articulating how Congress is hampered by a large bureaucracy. Students can articulate how a larger bureaucracy translates into more federal employees to monitor; more sources of so-called wasteful spending; a larger number of places that Congress has to spend money, diluting how much they can spend elsewhere; and a bigger source of inefficiency or red tape.]
Essential Questions and Objectives
1. HOW COULD THE PRESIDENT’S AGENDA CAUSE TENSION WITH CONGRESS?
2. How does the bureaucracy perform the duties of the federal government?
3. How does the federal bureaucracy use delegated discretionary authority for creating rules and putting them into effect?
4. To what degree do governmental branches hold the bureaucracy accountable, given the contending interests of Congress, the president, and the federal courts?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Often, Congress passes a law that is so vague that relevant bureaucratic agency officials need to make the ultimate decision on how the law will be specifically implemented. Divide the class into several groups and have them write up between two and four specific rules to implement the following new classroom rule: Every single student must earn a B or better in the class. If students are stuck developing rules, possible suggestions include:
• Students are required to continue retaking exams until a B is earned.
• Students are required to continue revising papers until a B is earned.
• Exams must be curved so that the lowest grade is a B.
• Papers must be curved so that the lowest grade is a B.
• Extra credit options must be made available for students who are earning a grade lower than a B.
• Since the worst grade in the class is to be a B, the best students should receive As.
• There are to be several review sessions before each exam.
• The professor must read and comment on drafts of papers before they are due.
• Students are required to attend class.
• Students are required to attend office hours a minimum number of times per month.
• Study groups will be formed tying the highest-performing students to the lowest-performing students.
After the groups develop their rules, have the class members discuss the rules and how they affect the value and meaning of the grades, and then have the class vote on the best two rules.
Activity 2: Political Process Matters
In order to receive some of the assistance or benefits afforded to the people by the government, citizens in need of help must be able to fill out the appropriate forms and applications requesting government assistance. Visit the website for the Supplemental Nutrition Assistance Program (SNAP) of the United States Department of Agriculture at fns.snap/eligibility. Go over the program requirements with students: resources, income, deductions, benefits, employment, special rules for the elderly and the disabled, and immigrant eligibility. Then, lead a discussion about how challenging it might be for the typical person who needs cash assistance (one likely to have much less education than students who are enrolled in the class) to understand the logistics of the program and to be able to properly fill out the form(s) in question. Also discuss whether or not it might be so frustrating that the person might just give up.
Activity 3: Politics Is Everywhere
Annenberg Media’s is a wonderful resource for all of the chapters of this book. Perhaps the best resource on can be found at courses/democracyinamerica/dia_8/dia_8_ct.html, which takes us into a kitchen, school, and mall parking lot to reveal the many ways the bureaucratic rules and regulations govern our lives. Put the link to the bureaucracy up on a classroom projector, if available, or have students log onto the web page on their own time. Discuss the many ways that a variety of agencies are responsible for regulating items found in kitchens, schools, and shopping centers as examples of how the results of political decisions are everywhere.
Activity 4: Why Did the Challenger Explode? Why Does It Matter?
In January 1986, the space shuttle Challenger exploded shortly after takeoff, killing all seven crew members onboard. Why did the Challenger explode? What did the political realities juxtaposing against bureaucratic expertise and neutral competence have to do with it? Would oversight have helped? Read famed scientist Richard Feynman’s observations on the space shuttle program and then watch a bit of his testimony to Congress about why the Challenger exploded (feynman/challenger-appendix.html [Feynman’s observations]). Then, discuss what bureaucrats and lawmakers might learn from the lessons of Challenger as they deal with modern policies such as the Affordable Care Act.
Discussion Questions
1. AFTER YEARS SPENT TOILING UNDER THE INEFFICIENCIES AND CORRUPTIONS OF THE SPOILS SYSTEM, THE FEDERAL BUREAUCRACY SEEKS TO HIRE EMPLOYEES ON THE BASIS OF NEUTRAL COMPETENCE. HAVE ALL OF THE RULES AND REGULATIONS THAT GOVERN MODERN BUREAUCRATIC HIRING GONE TOO FAR? ARE WE UNABLE TO HIRE THE BEST PERSON FOR THE JOB BECAUSE OF ALL OF THE RULES THAT GOVERN THE QUALIFICATIONS OF APPLICANTS FOR PARTICULAR POSITIONS?
2. When a new president takes office and appoints new leaders to the cabinet and independent agencies, there is an opportunity for bureaucratic drift during the transition. What can presidents do to minimize this problem and begin implementing their policies immediately?
3. As the authors noted in the chapter, most Americans have a generally negative view of bureaucracy. Is this opinion deserved? What can bureaucrats do to improve their image?
4. As is covered in the chapter, regulatory capture is a very serious problem for bureaucracies in the twenty-first century. What can bureaucrats do to combat this problem?
5. According to Professors Larry Terry and Louis Gawthrop, bureaucrats are conservators and defenders of the constitutional republic. What can be done by way of formal education in order to help students and citizens understand the reality that a modern democratic society is dependent on a professional bureaucracy to promote the greater common good?
Video Clips
1. “THE RULEMAKING PROCESS: A PRIMER BY FDA” (U.S. FOOD AND DRUG ADMINISTRATION). THIS PRESENTATION IS AVAILABLE AT: ’NGC1SUEDER0.
How does the rulemaking process work? Can citizens be involved? Where are final rules published?
2. “Guiteau Killed President Garfield” (Made for PBS). This presentation is available at: ’qY06mNrKVTU.
What was the nature of the spoils system in the 1880s? Ask students what they learned not only about President James Garfield and Charles Guiteau but also about American society during this time period.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (BUREAUCRACY AND LEGISLATION). HOLD A DISCUSSION WITH STUDENTS ABOUT THE NATURE OF THE LEGISLATIVE PROCESS. WHY DO MEMBERS OF CONGRESS TEND TO PASS VAGUE LEGISLATION? IF MEMBERS OF CONGRESS DO NOT LIKE EMPOWERING BUREAUCRATS TO BASICALLY MAKE PUBLIC POLICY, THEN WHY DO THEY TEND TO AVOID BEING OVERLY SPECIFIC WHEN THEY CRAFT AND PASS LEGISLATION? EXPLAIN.
2. How It Works: In Practice (Regulating Greenhouse Gas Emissions). How are bureaucrats, who are not elected or generally known to the American public, held accountable for their actions? Do most bureaucrats have relatively free reign to do as they desire or are there formal mechanisms that act as checks on what they do so they do not wield too much power in the American political system? Explain.
Chapter 14 The Courts
CHAPTER GOALS
1. EXPLAIN HOW THE POWER OF JUDICIAL REVIEW WAS ESTABLISHED.
2. Outline the structure of the court system.
3. Describe how cases reach the Supreme Court.
4. Describe the Supreme Court’s procedures for hearing a case.
5. Analyze the factors that influence Supreme Court decisions.
6. Assess the Supreme Court’s power in the political system.
Outline
WHAT IS THE ROLE OF COURTS IN OUR POLITICAL SYSTEM?
The development of an independent and powerful federal judiciary
The Founders’ views of the courts: the weakest branch?
Federalist 78 [CON-5]
Antifederalist Papers [CON-1]
Judicial branch [CON-5]
Judiciary Act of 1789 [CON-5]
District courts [CON-5]
Appellate jurisdiction [CON-5]
Judicial review and Marbury v. Madison
Marbury v. Madison (1803) [CON-5]
Judicial review [CON-5]
Lame-duck Congress [CON-3]
Federalist 78 [CON-5]
Original jurisdiction [CON-5]
Judicial review in practice
1857 Dred Scott case [CON-5]
Judiciary Act of 1789 [CON-5]
Constitutional interpretation [CON-5]
Statutory interpretation [CON-5]
The American legal and judicial system
Court fundamentals
Plaintiff [CON-5]
Defendant [CON-5]
Plea bargaining [CON-5]
Differences between civil and criminal cases
Civil case [CON-5]
Criminal case [CON-5]
Preponderance of evidence [CON-5]
Class-action lawsuit [CON-5]
Common elements of the judicial system
Adversarial system [CON-5]
Common law [CON-5]
Precedent [CON-5]
Stare decisis [CON-5]
Standing [CON-5]
Jurisdiction [CON-5]
Venue shopping [CON-5]
Structure of the court system and federalism
District courts
District courts [CON-5]
Appeals courts
Appeals courts [CON-5]
The Supreme Court
Supreme Court [CON-5]
Court of last resort [CON-5]
Ledbetter v. Goodyear Tire & Rubber Co. (2007) [CON-5]
Lilly Ledbetter Fair Pay Act (2009) [CON-5]
Chisholm v. Georgia (1793) [CON-5]
Eleventh Amendment [CON-5]
How judges are selected
State-level judges
Federal judges
Federal courts [CON-5]
Advice and consent [CON-4]
Judicial review [CON-5]
The role of the president
The role of the Senate
Advice and consent [CON-4]
Borked [CON-4]
Battles over lower-court judges
Senatorial courtesy [CON-4]
Justice Department [CON-5]
Blue slip process [CON-4]
Filibusters [CON-3]
Nuclear option [CON-3]
Access to the Supreme Court
The Court’s workload
Frequent fliers [CON-5]
Rules of access
Original jurisdiction [CON-5]
Special master [CON-5]
Writ of certiorari [CON-5]
Rule of Four [CON-5]
The Court’s criteria
Collusion, standing, and mootness
Collusion [CON-5]
Standing [CON-5]
Mootness [CON-5]
Substantial federal question [CON-5]
Internal politics
Cert pool [CON-5]
Rule 10 [CON-5]
Chief justice [CON-5]
Solicitor general [CON-5]
Hearing cases before the Supreme Court
McCain–Feingold Act [PRD-2]
Citizens United v. Federal Election Commission (2009) [PRD-2]
Briefs
Amicus curiae (friend of the court) [CON-5]
Oral argument
Oral arguments [CON-5]
Conference
Opinion writing
Majority opinion [CON-5]
Strategy on the Court
Concurring opinion [CON-5]
Dissents
Dissenting opinion [CON-5]
Majority opinion [CON-5]
Concurring opinion [CON-5]
Plurality opinion [CON-5]
Dissent [CON-5]
Per curiam opinion [CON-5]
Supreme Court decision making
Legal factors
Precedent
Precedent [CON-5]
The language of the Constitution
Strict construction [CON-5]
Literalists [CON-5]
Tinker v. Des Moines Independent Community School District (1965) [LOR-2]
Strict constructionists [CON-5]
Original intent [CON-5]
Living Constitution [CON-5]
Political factors
Blind justice [CON-5]
Political ideology and attitudes
Attitudinalist approach [CON-5]
The strategic model
Median voter [MPA-3]
Separation of powers
Judicial restraint [CON-5]
Judicial activism [CON-5]
Judicial activism
Activist judges [CON-5]
Bush v. Gore (2000) [CON-5]
Outside influences: interest groups and public opinion
The role of the Court in our political system
Compliance and implementation
Brown v. Board of Education (1954) [PRD-1]
Roe v. Wade (1973) [LOR-3]
Relations with the other branches
Resistance from the other branches
Citizens United v. Federal Election Commission (2010) [PRD-2]
Self-imposed restraint
Political questions [CON-5]
The Court’s multifaceted role
Conclusion
In-Class Questions and Writing Prompts
{477}
1. Compare how the Federalists and the Antifederalists viewed the Supreme Court.
2. Identify the two types of cases that fall under the Supreme Court’s original jurisdiction.
{478}
3. Describe the purpose of the Judiciary Act of 1789.
4. Describe the jurisdiction and the function of district courts.
5. Define “appellate jurisdiction.”
6. Define “judicial review.”
{478–479}
7. Describe the major outcome of Marbury v. Madison (1803).
{479}
8. Define “original jurisdiction.”
{480}
9. Describe the purpose of the supremacy clause.
10. Define “dual federalism.”
11. Define “constitutional interpretation.”
12. Define “statutory interpretation.”
13. Explain why some people view judicial review as undemocratic.
{481}
14. Identify who the plaintiff is in a case.
15. Identify who the defendant is in a case.
16. Describe the plea bargaining process.
{481–482}
17. Describe three ways in which a civil case differs from a criminal case.
{482}
18. Define a class-action lawsuit.
19. Define “discovery.”
20. Define “common law.”
21. Define “precedent.”
22. Define “stare decisis.”
23. Explain why it can be difficult to apply precedent to cases.
{482–483}
24. Identify three characteristics of the judicial system that apply to all cases.
{483}
25. Define “standing.”
26. Define “jurisdiction.”
27. Explain the purpose of venue shopping.
28. Describe the purpose of district courts.
29. Describe the purpose of the Court of International Trade.
{483–484}
30. Describe the purpose of the U.S. Court of Federal Claims.
{485}
31. Describe the major outcome of Obergefell v. Hodges (2015).
{486}
32. Describe the purpose of appeals courts.
33. Identify the court of last resort.
34. Explain how Congress can overturn a law.
35. Describe the major outcome of Chisolm v. Georgia (1793).
36. Describe the major purpose of the Eleventh Amendment.
{487}
37. Explain one advantage of electing judges.
38. Explain one drawback of electing judges.
39. Explain one advantage and one disadvantage of Supreme Court justices serving for life.
{488–489}
40. Describe the advice and consent role of the Senate.
{489}
41. Describe the trend from Reagan to Obama of U.S. district court appointees that were white men.
42. Describe the trend from Reagan to Obama of U.S. district court appointees that were women.
43. Identify the main reason the Senate rejects Supreme Court nominees.
{489–490}
44. Explain what it means to get “borked.”
45. Explain the purpose of senatorial courtesy.
46. Describe the blue slip process.
{491}
47. Describe the trend from Reagan to Obama in the average number of days of confirmation delays for uncontroversial federal court nominations to U.S. circuit courts and U.S. district courts.
48. Explain one reason why this trend in the average number of days of confirmation delays has occurred.
{492}
49. Describe the nuclear option.
50. Explain one reason why the filibuster should be allowed for Supreme Court nominations.
51. Explain one reason why the filibuster should not be allowed for Supreme Court nominations.
{493}
52. Explain why the increase in workload was not as significant as it appears.
53. Identify the four paths that a case may take to get to the Supreme Court.
54. Describe the main purpose of Article III of the Constitution.
{494}
55. Describe the role of a special master.
56. Describe the two types of cases on appeal.
57. Describe the type of cases that arrive through a writ of certiorari.
58. Describe how the Rule of Four works.
{495}
59. Describe the trend in the number of cases argued before the Supreme Court.
60. Explain two effects of the trend in the number of cases argued before the Supreme Court.
61. Explain what the Constitution means when it refers to actual cases and controversies.
62. Define “collusion.”
{495–496}
63. Define “standing.”
{496}
64. Define “mootness.”
65. Explain what a substantial federal question means.
66. Explain what the political question doctrine means.
67. Explain how justices use a cert pool.
{497}
68. Identify the presidential appointee who works in the Justice Department and supervises the litigation of the executive branch.
69. Describe the major outcome of Citizens United v. Federal Election Committee (2010).
{498}
70. Define “amicus curiae briefs.”
{499–500}
71. Identify who assigns the majority opinion and under what conditions.
72. Define “majority opinion.”
{499–501}
73. Explain three factors that influence the assignment of majority opinions.
74. Define “concurring opinion.”
{501}
75. Define “dissenting opinion.”
{501–502}
76. Explain two purposes of dissenting opinions.
{502}
77. Identify and describe the two main factors that influence judicial decision making.
78. Explain why precedent does not determine the outcome of any given case.
79. Define “strict construction.”
{503}
80. Describe the major outcome of Tinker v. Des Moines Independent Community (1969).
{503–504}
81. Describe one criticism of the strict constructionist point of view.
82. Explain the purpose of the original intent/originalist perspective.
83. Explain one reason why critics of the strict constructionist view support a living Constitution perspective.
{504}
84. Describe the attitudinalist approach to understanding Supreme Court decisions.
85. Identify four political or economic views of liberal judges.
86. Identify four political or economic views of conservative judges.
{506}
87. Describe the strategic approach to understanding Supreme Court decisions.
88. Explain the importance of the median voter on the Supreme Court.
{506–507}
89. Describe the judicial restraint perspective.
90. Describe the judicial activism perspective.
91. Explain why there is a perception that activist judges are always liberal.
92. Describe the relationship between the public opinion and Supreme Court decisions.
{509–510}
93. Explain how presidents can either help or hinder a Supreme Court decision.
94. Explain how Congress can limit the Supreme Court’s power as a policy-making institution.
{510–511}
95. Explain one way that the Supreme Court uses self-imposed restraint.
{511}
96. Explain one reason why the judicial branch could be considered the least democratic branch.
97. Explain one reason why the judicial branch could be considered the most democratic branch.
Stumbling Blocks
{478–479}
The details of Marbury v. Madison (1803) are interesting and could not be made up, especially the coincidence of John Marshall being involved in the very case he was presiding over. However, it is most important that students understand the major implication of the ruling: the beginning of judicial review. The background story is instructive only in that it highlights that judicial review is an informal power not mentioned in the Constitution—one that started almost by chance and has evolved over time. In fact, the first time it was used it was actually done to limit the power of the very body—the Supreme Court—that was using it to strike down legislation.
{478–481}
Perhaps it is the name that misleads students (what linguists might call a “false friend”), but it bears repeating the definition of judicial review more than once. Students will often slip back to a more “commonsense” meaning of the term—reviewing laws. It is true that the Supreme Court does review the laws, but that the Court can deem laws unconstitutional is at the heart of the definition. If students are familiar with judicial review, they often have learned about its positive aspects—that all laws have to comply with the Constitution and that the Supreme Court is the final arbiter rather than the executive or legislative branches. But students rarely consider judicial review’s “antidemocratic nature” as discussed at the bottom of page 480. Evaluating both sides of judicial review is important for students to discuss.
{482, 502}
Students may be frustrated by the irony that even within the judicial system there does not seem to be a strict set of rules that operate all the time. This is part of the nature of a common law system, which is based on precedent instead of a more detailed set of directives that one would find in a code law system. Though it might be a stretch to say that under common law all are making up everything as they go, there is a lot of room for cases to go down different paths. Different lawyers can try to use different precedents for the same case, and it is often up to the judge to decide which precedents are more relevant.
{504–509}
The layperson’s view of the law is stated on page 476: “We normally think of the courts as objectively applying the law and interpreting the Constitution for each case.” People unfamiliar with the law often believe that the law is black and white, which might be to some extent true in a code law system but is certainly not the case in common law, which is based on precedent. Judges are not necessarily making decisions based on political ideology; there are different views on how to interpret the Constitution. Each Supreme Court justice is also a product of his or her time and can be pressured by his or her time, as the study on page 508 shows.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE OVERALL VOTE AMONG MEMBERS OF THE U.S. SUPREME COURT IS IMPORTANT, BUT THE WRITTEN DECISIONS ARE CRITICAL FOR ESTABLISHING PRECEDENT. (4-POINT RUBRIC)
A. Define the term “majority opinion.” 1 point for definition
B. Define the term “dissenting opinion.” 1 point for definition
C. Explain why a justice on the Supreme Court would issue a concurring opinion. 1 point for explanation [To earn the point, the student must first demonstrate knowledge of what a concurring opinion is and then articulate why a justice would engage in this behavior rather than joining the majority or dissenting opinion.]
D. Explain how the precedent set by the U.S. Supreme Court affects other courts in subsequent cases. 1 point for explanation [Students must demonstrate an understanding of what a precedent is and then articulate how lower courts are affected/bound by precedents set by the SCOTUS.]
2) There are multiple ways that cases reach the U.S. Supreme Court, and justices have different approaches to the cases that ultimately make their way onto the Court’s docket. (5-point rubric)
A. Describe how a case gets to the Supreme Court via original jurisdiction. 1 point for description [Students must do more than just define “original jurisdiction”—they must articulate (at least generally) how a case reaches the Court this way.]
B. Describe how a case gets to the Supreme Court via appellate jurisdiction. [As with part A, students must go beyond defining “appellate jurisdiction”—they must articulate (at least generally) how a case reaches the Court this way. Students could discuss cases starting in the state courts or federal courts, as long as they are correctly describing the appellate process.]
C. Define the term “strict construction.” 1 point for definition
D. Define the term “living Constitution.” 1 point for definition
E. Explain how a justice who believes in a strict construction view would differ from a justice who believes in a living Constitution on issues relating to privacy rights. 1 point for explanation [The student likely needs to have earned the points in parts C and D, as demonstrating an understanding of what these terms mean is critical to a correct answer. To earn the point, the student must apply the distinction between these views to the issue of privacy, articulating how justices would differ.]
Essential Questions and Objectives
1. HOW DOES THE SUPREME COURT INTERPRET THE FIRST AND SECOND AMENDMENTS? TO WHAT DEGREE DO THESE INTERPRETATIONS SHOWS A COMMITMENT TO INDIVIDUAL LIBERTY?
2. Describe the efforts the Supreme Court has made to protect both individual freedoms and the laws and enforcement procedures that endorse public order and safety.
3. How could the exercise of judicial review and the life tenure of the Supreme Court judges result in debate about the legitimacy of the power of the Court?
4. How do the other branches of government restrict the Supreme Court’s power?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Have students read Bush v. Gore, 531 U.S. 98 (2000) and National Federation of Independent Business v. Sebelius, 567 U.S. __ (2012) and have them break into small groups to discuss whether the decisions were justifiable under the Constitution. Did the Florida Supreme Court establish a way of counting votes that violated the Fourteenth Amendment? Would it have been impossible to set new ballot-counting standards in Florida so that a recount could have occurred? Should the case have gone back to the Florida Supreme Court, as Justice Breyer, for example, suggested? Were the five justices in the majority on the health care case correct? Was the health care reform law an unconstitutional use of the powers of Congress or not? Explain.
Activity 2: Political Process Matters
One of the most famous phrases ever written into a Supreme Court decision is “with all deliberate speed,” which, of course, is found in the opinion of Brown v. Board of Education, 349 U.S. 295 (1955), otherwise known as Brown II. Even after the unanimous Supreme Court decision struck down school desegregation, most states were slow to implement school desegregation. One reason desegregation took so long had to do with disagreements over the meaning of the phrase “with all deliberate speed.” Have the class come up with other examples of items, whether court-related or not, where the phraseology of the final decision is ambiguous enough to affect the implementation of a decision.
Activity 3: Politics Is Everywhere
One of the most controversial and consequential Supreme Court cases of the last decade is Bush v. Gore in 2000. At the end of the case, Al Gore conceded the election to George W. Bush, who was sworn in as the nation’s 43rd president a few weeks later. Since students have already read the case, ask them to compare how the justices voted on the decisions with the president that appointed the justices to the Supreme Court. Do students see evidence of legal, attitudinal, or other models of judicial decision making?
Activity 4: This is Complicated!
Have students read SCOTUSBlog’s recap of how the Affordable Care Act decision was reported in the news media. It is available at category/special-features/affordable-care-act-in-depth/. This exercise should assist students in appreciating the reality that the Affordable Care Act is a very complicated piece of legislation.
Discussion Questions
1. IF THE FRAMERS KNEW THAT THE SUPREME COURT WOULD GIVE ITSELF JUDICIAL REVIEW AND THAT A PROMINENT PERSPECTIVE REGARDING THE REVIEW OF THE CONSTITUTION WAS A STRICT CONSTRUCTIONIST/LITERALIST VIEW OF THE TEXT OF THE CONSTITUTION, WOULD THE CONSTITUTION HAVE BEEN WRITTEN IN THE SAME WAY? WHY OR WHY NOT?
2. Should presidents have “litmus tests” on issues like abortion, the use of the Internet, or the right to bear arms that inform whether or not a person is nominated to be a justice of the Supreme Court? How should political and legal factors presented in the chapter play a role in a person’s nomination to the Court?
3. How can we tell if a judge is interpreting the Constitution or the law more generally via legal factors or attitudinal factors? Does it matter?
4. One of the foundations of the American legal system is that people are innocent until proven guilty. Discuss the advantages and disadvantages of this system as opposed to one like England’s, where the goal is seeking the truth and both sides of a case are not treated in the same way.
5. As noted in the chapter, what Supreme Court nominees are willing to say during their confirmation hearings is a source of frustration for senators, the news media, the citizenry, and likely the nominees themselves. What would have to change for nominees to be more forthcoming in their answers? Explain.
6. Is the Supreme Court still the weakest of the three branches of government? Why or why not?
Video Clips
1. “THE SUPREME COURT: HOME TO AMERICA’S HIGHEST COURT” (C-SPAN). THIS PRESENTATION IS AVAILABLE AT: WWW.VIDEO/?289229-1/SUPREME-COURT-HOME-AMERICAS-HIGHEST-COURT-2009-EDITION.
Ask students what they learned about the Supreme Court building as well as what they learned from the justices themselves.
2. “Chief Justice Roberts on Oral Argument” (C-SPAN). This presentation is available at: ’UJQ7Ds4nAmA.
How does oral argument work, according to Chief Justice John Roberts? What advice does Chief Justice Roberts give to attorneys with regard to oral argument at the U.S. Supreme Court?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (THE COURT SYSTEM). HAVE A DISCUSSION WITH STUDENTS CONCERNING FEDERAL JUDGES AS POLICY MAKERS. HIGHLIGHTING THE IMPORTANCE OF PRESIDENTIAL APPOINTMENTS TO THE SUPREME COURT IS CRUCIAL. HOWEVER, STUDENTS MAY NOT UNDERSTAND WHY THERE IS POLITICAL BICKERING WITH REGARD TO JUDICIAL APPOINTMENTS TO THE CIRCUIT COURTS OF APPEAL. ILLUSTRATE TO THEM THAT DUE TO THE FACT THAT SO FEW CASES ARE ACCEPTED BY THE SUPREME COURT JUSTICES, THERE IS AMPLE OPPORTUNITY FOR CIRCUIT COURT JUDGES TO ENGAGE IN JUDICIAL POLICY MAKING IF THEY ARE SO INCLINED.
2. How It Works: In Practice (Same-Sex Marriage through the Court System). Share important parts of the justices’ ruling in Obergefell v. Hodges, 576 U.S. ___ (2015) with students. Ask them whether or not their interpretation of the equal protection clause of the Fourteenth Amendment is in agreement with the Court’s majority. Encourage them to fully explain their beliefs with regard to the equal protection clause.
Chapter 15 Economic Policy
CHAPTER GOALS
1. EXPLAIN THE MAIN PURPOSES OF GOVERNMENT INVOLVEMENT IN THE ECONOMY.
2. Describe the roles played by each of the branches of government in shaping economic policy.
3. Examine how fiscal, monetary, regulatory, and trade policies influence the economy.
Outline
HOW DOES THE GOVERNMENT HELP PROMOTE A STRONG ECONOMY?
Goals of economic policy
Public policy [PMI-1, CON-3, PMI-4]
Full employment
Full employment [CON-3, PMI-4]
Economic depression [CON-3, PMI-4]
Council of Economic Advisers (CEA) [CON-4]
Frictional unemployment [CON-3, PMI-4]
Natural rate of unemployment [CON-3, PMI-4]
Stable prices
Inflation [CON-3, PMI-4]
Cost of Living Adjustments (COLAs) [CON-3, PMI-4]
Deflation [CON-3, PMI-4]
Stagflation [CON-3, PMI-4]
Misery Index [CON-3, PMI-4]
Promotion of the free market and growth
Gross domestic product (GDP) [CON-3, PMI-4]
Balanced budgets
Balanced budget [CON-3]
Budget deficits [CON-3]
Balance of payments, or the current account
Current account [CON-3]
Trade deficit [CON-3]
Trade-offs between economic goals
Trade-off [PMI-1]
The key players in economic policy making
Congress
Power of the purse [CON-3]
Fiscal policy [CON-3, PMI-4]
Monetary policy [CON-3, PMI-4]
Federal Reserve System [PMI-2]
Budget making [CON-3]
Budget and Impoundment Control Act (1974) [CON-4]
Congressional Budget Office (CBO) [CON-3]
Budget reconciliation [CON-3]
The president
United States Trade Representative (USTR) [CON-4]
National Economic Council (NEC) [CON-4]
The Office of Management and Budget (OMB) [CON-4]
Council of Economic Advisers (CEA) [CON-4]
The bureaucracy
The Federal Reserve System
Federal Reserve System [PMI-2]
Treasury Department [PMI-2]
Federal Reserve Board [PMI-2]
The Treasury Department
Treasury Department [PMI-2]
How economic policy makers interact: the 2008 economic crisis
Emergency Economic Stabilization Act (2008) [CON-3]
Troubled Asset Relief Program (TARP) [CON-3]
Tools and theories of economic policy
Fiscal policy
Keynesian economics [PMI-4]
Strategies to stimulate the economy
Supply-side economics [PMI-4]
Marginal tax rate [PMI-4]
Laffer Curve [PMI-4]
Business cycle [CON-3]
Mandatory spending [CON-3]
Discretionary spending [CON-3]
The Organisation for Economic Co-operation and Development (OECD) [PMI-4]
Redistributive implications of fiscal policy
Personal income taxes [CON-3]
Corporate taxes [CON-3]
Payroll taxes [CON-3]
Social Security [CON-3]
Medicare [CON-3]
Regressive [CON-3]
Progressive [CON-3]
Monetary policy
Targets of monetary policy
Money supply [CON-3, PMI-4]
Interest rates [CON-3, PMI-4]
Monetarist theory [CON-3, PMI-4]
Tools of monetary policy
Reserve requirement [CON-3, PMI-4]
Discount rate [CON-3, PMI-4]
Federal funds rate (FFR) [CON-3, PMI-4]
Vault cash [CON-3, PMI-4]
Excess reserves [CON-3, PMI-4]
Open-market operations [CON-3, PMI-4]
Hyperinflation [CON-3, PMI-4]
Credit crunch [CON-3, PMI-4]
Regulatory policy
Economic and social regulation
Natural monopoly [PMI-2]
The politics of regulation
Principal-agent problem [PMI-2]
Captured [PMI-2]
Cap-and-trade policies [PMI-2]
Green jobs [PMI-2]
Trade policy and the balance of payments
Exchange rates, consumer tastes, and labor costs
Balance of payment [CON-3]
Buy American [CON-3]
Trade policy and trade deficits
Current account deficit [CON-3]
Balance of payments [CON-3]
Trade deficits [CON-3]
Free trade [CON-3]
North American Free Trade Agreement (NAFTA) [CON-3]
Trans-Pacific Partnership (TPP) [CON-3]
The politics of trade policy
Conclusion
In-Class Questions and Writing Prompts
{519}
1. Define “public policy.”
2. Define “full employment.”
3. Define “economic depression.”
4. Describe the function of the Council of Economic Advisers.
5. Define “frictional unemployment.”
6. Define “inflation.”
{520}
7. Describe the purpose of cost-of-living adjustments.
8. Explain why inflation can be harmful for an economy.
9. Explain why deflation can be harmful for an economy.
10. Define “stagflation.”
{520–521}
11. Describe how the Misery Index is calculated.
{521}
12. Describe the capitalist system.
13. Explain three ways that the government provides a strong foundation for capitalism and economic growth.
14. Define “gross domestic product” (GDP).
15. Explain how GDP is not a measure of economic well-being.
{522}
16. Compare the percentage of wealth controlled by the top 10 percent of wage earners in the United States and Europe from 1810 to 2016.
17. Explain two factors that have led to increased economic inequality in the United States in recent years.
18. Define “balanced budget.”
19. Define “budget deficits.”
20. Explain three reasons why budget deficits are a worry for an economy.
{523}
21. Identify the year in which the United States had a budget surplus.
22. Describe the trend in public debt from 1970 to 2016.
{524}
23. Describe what the current account measures.
24. Define “trade deficit.”
25. Explain why there is a trade-off between unemployment and inflation.
{525}
26. Explain why imposing trade barriers can lead to inefficiency.
27. Explain one reason why politicians have an incentive to keep budget deficits high.
28. Identify the two components of fiscal policy.
29. Identify the political institution that is in charge of fiscal policy.
30. Define “monetary policy.”
{526}
31. Describe what “budget making” means.
32. Explain the role that presidents play in the budget process.
33. Describe the purpose of the 1974 Budget and Impoundment Control Act.
34. Describe the purpose of the Congressional Budget Office.
35. Describe the budget reconciliation process.
36. Explain two advantages of the budget reconciliation process.
{527}
37. Describe the PAYGO process.
38. Describe the purpose of continuing resolutions.
39. Identify three functions of the OMB.
40. Identify the main function of the Council of Economic Advisers.
41. Describe the major role of the United States Trade Representative.
{527–528}
42. Describe the main purpose of the NEC.
{528}
43. Describe one of the functions of the Congressional Budget Office.
44. Describe one of the functions of the Budget Conference Committee.
45. Describe one of the functions of the Appropriations Committee.
{529}
46. Define “brinkmanship budgeting.”
47. Explain how brinkmanship budgeting can affect the economy.
{530–531}
48. Describe the main role of the Federal Reserve System.
49. Identify the two main components of the monetary policy.
{531}
50. Identify who comprises the Federal Reserve Board.
{531–532}
51. Explain three reasons why the Fed has political independence.
{532}
52. Explain one reason why the Fed’s independence is good.
53. Explain one reason why the Fed’s independence is bad.
{533}
54. Explain two ways in which the Fed is made accountable to Congress.
55. Identify four of the eight functions of the Treasury Department.
{536}
56. Define “fiscal policy.”
57. Explain how Keynesian economics believes recessions should be handled.
58. Describe what Keynes suggested should be done if inflation is too high.
{537}
59. Describe the basic tenets of supply-side economics.
60. Define “marginal tax rate.”
61. Describe what happened when the top marginal tax rate dropped from 70 to 50 percent.
62. Describe the business cycle.
63. Describe what the Laffer Curve shows.
64. Explain how belief in the Laffer Curve affected increasing budget deficits in the 1980s.
65. Explain how belief in the Laffer Curve affected income tax rates in the 1980s.
{538}
66. Describe what Keynesians believe should be done during good economic times.
67. Explain two reasons why it is difficult to follow Keynesian policy during good economic times.
68. Identify two components of mandatory spending.
69. Define “discretionary spending.”
70. Explain why David Stockman thought that large budget deficits would cut down the size of the government.
{539}
71. Identify the two ways of thinking about the characteristics of federal taxes.
72. Identify the four major types of federal taxes.
73. Describe what happened to the proportions of personal income taxes, excise taxes, corporate taxes, and payroll taxes.
74. Explain why payroll taxes and excise taxes are regressive.
75. Explain why income taxes are progressive.
{540}
76. Compare the tax revenue as a percentage of GDP of the United States to most of the other countries depicted in Figure 15.5.
77. Explain what information would be needed in addition to the data in Figure 15.5 to test the validity of the Laffer Curve.
78. Identify the major criticism of Donald Trump’s tax plan.
79. Explain one justification for Donald Trump’s tax plan.
{541}
80. Identify the source of tax revenue whose share has increased the most since 1962.
81. Identify the two biggest ways that federal spending has changed since 1962.
{542}
82. Define the top marginal tax rate.
83. Describe the trend in the top marginal tax rate from 1955 to 2016.
84. Describe one argument for and one argument against increasing the top marginal tax rate.
{542–543}
85. Identify two targets of the Fed.
86. Explain why the economy will suffer if credit is tight.
{543}
87. Describe the major tenets of monetarist theory.
88. Identify the three tools of monetary policy.
89. Define the reserve requirement.
90. Explain how changing the reserve requirement has an impact on the economy.
91. Define the discount rate.
92. Explain how changing the discount rate has an impact on the economy.
93. Define the federal funds rate.
94. Explain how changing the federal funds rate has an impact on the economy.
{544}
95. Define “open-market operations.”
96. Explain how open-market operations have an impact on the economy.
{545}
97. Identify the two types of regulation.
98. Describe the purpose of economic regulations.
99. Describe the main purpose of social regulations.
100. Define “natural monopolies.”
101. Describe how the government typically regulates natural monopolies.
102. Describe how the government typically regulates monopolies that are not natural monopolies.
{545–546}
103. Describe how the government typically regulates companies that start to act like monopolies.
{546}
104. Explain how politics played a role in the Microsoft case.
105. Define “negative externalities.”
106. Explain how the government can address negative externalities.
107. Define “positive externalities.”
108. Explain how the government can address positive externalities.
109. Describe the principal-agent problem.
{547}
110. Explain how government regulation can affect economic growth.
111. Explain why strategies aimed at influencing trade are difficult to implement successfully.
112. Identify the relative expense of imports and exports when a country’s currency is strong.
113. Explain why the United States would like the value of a dollar to fall if it is running a trade deficit.
{547–549}
114. Identify three international factors that are outside the control of American policy makers.
{550}
115. Identify one group that would most likely support policies aimed at reducing trade deficits and explain one reason why.
116. Identify one group that would most likely oppose policies aimed at reducing trade deficits and explain one reason why.
117. Identify four policies that can be used to reduce trade deficits.
{551}
118. Explain the effect of wages in other countries on the wages in the United States.
{551}
119. Identify which party is often more protectionist.
120. Identify which party is often more in favor of free trade.
Stumbling Blocks
THE STUDY OF ECONOMICS IS ONE OF THE MOST DIFFICULT FOR STUDENTS (AND OFTEN TEACHERS) TO WRAP THEIR HEADS AROUND. LESS THAN HALF OF THE STATES IN THE UNITED STATES REQUIRE HIGH SCHOOL STUDENTS TO TAKE AN ECONOMICS COURSE. EVEN IN STATES WHERE ECONOMICS IS A REQUIRED COURSE, THE CURRICULUM IS OFTEN A COMBINATION OF ECONOMICS AND PERSONAL FINANCE. ALTHOUGH AP® U.S. GOVERNMENT AND POLITICS IS NOT AN ECONOMICS COURSE, A MORE COMPLETE UNDERSTANDING OF U.S. GOVERNMENT AND POLITICS ALSO INCLUDES AN UNDERSTANDING OF ECONOMICS AND THE ROLE IT PLAYS IN THE AMERICAN POLITICAL SCENE.
{517–518}
Tax avoidance and tax evasion are easily confused but not by those committing either action. The former is legal and the latter is illegal. When people avoid taxes, they are taking legal deductions and allowances, resulting in a lower tax bill. The example that is helpful to students is comparing two families who have identical incomes. Family A has two young children and Family B has none. By claiming the children as dependents, Family A can avoid paying some of its taxes; thus, Family A will legally pay less taxes than Family B. Evading taxes, however, is illegal. There are many ways this crime can be committed, but often, tax evaders figure out how to underreport their income illegally so they can pay less in taxes.
{519}
The term “full employment” is misleading; it is not the same as zero unemployment. Economists believe that full employment occurs when about 5 percent to 5.5 percent of the labor force (the total of the employed and the unemployed) is jobless and nobody is unemployed due to downturns in the business cycle (that is, cyclical unemployment). Students often wonder why zero unemployment is not desirable. The main reason is that such a low level of unemployment can lead to other problems, especially inflation. When there is no available labor pool, the fastest way for growing or new businesses to attract new workers is to use higher wages to lure employed workers away from their existing jobs. This leads to higher costs, which firms will try to recoup with higher prices.
{522–525, 536}
Though it may seem like commonsense from the perspective of a family’s budget, the desire for a balanced national budget is not a desired goal by many economists. Like everything in economics and in political science, there is more than one side to the story. On page 536, the textbook discusses how those who follow Keynesian economics believe that running budget deficits are sometimes necessary to jumpstart the economy. As is also pointed out but rarely followed by politicians, Keynes suggests that when the economy is doing well and is moving toward inflation, government spending should be reduced and/or taxes should be raised. Both of these are politically unpopular, which is why these tactics are rarely or reluctantly followed.
{525}
In common parlance, fiscal policy and monetary policy are often considered synonymous, but in economics, as the authors point out, they have very distinct meanings. Responsibility for carrying out fiscal and monetary policies falls under very different auspices. Although the Federal Reserve is part of the government—specifically the executive branch—when economists talk about government spending they are referring to congressional spending, which is fiscal policy. They are not talking about the Federal Reserve influencing the money supply in order to effect changes in interest rates, which is monetary policy.
{537–538}
It cannot be stressed enough that there is no research to substantially support the Laffer Curve and that the diagram of it on page 537 showing the peak of tax revenue at a 50 percent tax rate is an arbitrary point just for the sake of graphical portrayal. A lack of evidence to support the Laffer Curve does not necessarily mean that the theory it depicts is not true but the burden of proof rests on the supply siders to make a more convincing argument.
In general, it is very difficult to prove or disprove economic theories, especially ones on the macroeconomic level. In addition to identifying all relevant factors, there is also the problem of lags. An inside lag is the time it takes for an institution to identify a problem and formulate and implement a policy. The Federal Reserve is a relatively small organization, so inside lags are much shorter than those in Congress, which has 100 and 435 members, respectively, in the Senate and the House of Representatives. An outside lag is the amount of time it takes for a policy to take effect. In this case, the lengths of the lags are reversed with regard to the Federal Reserve and Congress. When the Fed takes actions leading to interest rates changes, it takes a long time for these to have an impact. Firms and households have their own inside lags in making investment and consumption decisions, and they then go through the process of attaining the loans and spending the money. Relatively speaking, it takes much less time once the government finally makes government spending or tax rate changes. The inside and outside lags become even more problematic since it is difficult to predict where the business cycle will be once the policies are implemented and the public reacts.
Rubrics for Free-Response Questions from End-of-Chapter Content
1) THE POLICY PROCESS ENTAILS MANY STEPS, INCLUDING SETTING THE AGENDA, ENACTING POLICY, AND IMPLEMENTATION. (5-POINT RUBRIC)
A. Describe the role of two actors that help set the agenda for public policy. 1 point for each description, 2 total points [There are many actors from which to choose. Students can discuss the role of political actors like Congress or the president, or linkage institutions like the media, parties, and interest groups.]
B. Identify the actor in the federal government with the power to enact policy. 1 point for identification [Most students will write more, but there is a low threshold for an identification point. This particular identification point can be earned with a single word (for example, “Congress”).]
C. Explain how members of the federal bureaucracy can expand the scope of policy through the implementation process. 1 point for explanation
D. Explain how members of the federal bureaucracy can narrow the scope of policy through the implementation process. 1 point for explanation
2) Economic policies created by the federal government directly affect individuals in the United States. (5-point rubric)
A. Define the term “fiscal policy.” 1 point for definition
B. Identify the actor in the federal government that is responsible for making fiscal policy. 1 point for identification [The bar is low here; students can identify that Congress makes fiscal policy. If they correctly identify a congressional committee responsible for fiscal policy, this would be acceptable as well.]
C. Describe the difference between a regressive tax and a progressive tax. 1 point for description [To earn the point here, students must articulate how these differ. It is possible that a good definition of each will be enough to constitute describing a difference between them.]
D. Explain how a regressive tax would affect those at the lowest income levels versus those at the highest income levels. 1 point for explanation [To earn the point, the student needs to apply a regressive tax to both low and high income levels, and articulate how this type of tax would affect each. In terms of the effect of this type of tax, students could discuss similarities (e.g., both low/high incomes would pay the same amount in a sales tax or gasoline tax) or discuss differences (e.g., low-income earners would pay a higher percentage of their income under a regressive plan, while higher-income earners would pay a lower percentage).
E. Explain how a progressive tax would affect those at the lowest income levels versus those at the highest income levels. 1 point for explanation [This parallels part D. Students would discuss similarities (e.g., in a marginal tax system, everyone pays the same amount up to each threshold) or differences (e.g., those with high incomes will pay a higher total percentage in a progressive income tax plan than will low-income earners).]
Essential Question
1. HOW IS THE POLICY-MAKING PROCESS AFFECTED BY THE DISTRIBUTION OF POWERS AMONG THE THREE FEDERAL BRANCHES AND BETWEEN NATIONAL AND STATE GOVERNMENTS?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
As the authors point out, the amount of discretionary spending in the federal budget is dwindling. This makes political battles for the allocation of budget dollars to particular programs all the more important and competitive. For this activity, divide students into five different groups a few weeks in advance of your treatment of the Economic Policy chapter. The five groups are (1) Education, (2) Health Care, (3) War on Terror, (4) Energy, and (5) Transportation. Assign students in the group to become experts in these particular policy areas. They should know what percentage of the federal budget their policy purviews make up, the most important issues in their area, and so forth. Each group will make a five-minute presentation to the class about some percentage of the budget it wants to have dedicated to its policy area (use the text to determine the amount of mandatory/entitlement spending that is already allocated in the budget). Then, have the class propose percentages of the budget for each of the five teams. A 66 percent vote is necessary to pass the budget. Each team is graded on the percentage of the budget it had dedicated to its area. If no agreement is reached, everyone gets half-credit (which is 50 percent, still failing, but it is at least something). The class can also decide to “deficit spend,” but this costs each person’s grade a deficit tax of 5 percent.
Activity 2: Political Process Matters
One of the virtues of the Federal Reserve Board is the staggered nature of the appointments to the board. However, not all members appointed to the board serve their full terms. Indeed, the board in place at the end of President Bush’s term was a board selected wholly by President Bush. Go to aboutthefed/bios/board/boardmembership.htm and have the class examine how many board members each president was able to appoint. Then, go to uscompare/ and examine different economic indicators over time. Finally, lead a discussion about whether students found the economy to be better or worse when presidents were able to select a majority of members of the Federal Reserve Board.
Activity 3: Politics Is Everywhere
Politics is everywhere, but the salience of particular political issues ebbs and flows based on current events, attention from political elites, interest groups’ goals, and news media attention. Have the class members pick an issue related to economic policy that is of interest to them (the unemployment rate, the GDP, home mortgages) and then examine news coverage (using Lexis-Nexis or Pro Quest) on that issue over a period of time. Does coverage spike in good times, bad times, or both? Given the importance of the economy in presidential years, have students examine how often these issues get covered in the two months preceding presidential elections as compared to the same two months the year before.
Activity 4: Fix it!
The students in the class are in charge of the budget. Begin by examining The New York Times budget graphic entitled “Budget Puzzle: You Fix the Budget.” It is available at: interactive/2010/11/13/weekinreview/deficits-graphic.html. Have students work alone or in groups to make decisions about how to fix the budget deficit. Have them discuss how much savings each option affords and contrast that with how those same issues are treated in news coverage and political discourse (for example, eliminating earmarks saves very little money as compared to closing tax loopholes but raising taxes slightly).
Discussion Questions
1. AS THE AUTHORS POINT OUT, OUR FINANCIAL SYSTEM IS BUILT ON A SYSTEM OF TRUST. IS THIS DANGEROUS OR DO YOU “TRUST” THAT THE SYSTEM WILL CONTINUE TO WORK?
2. The authors discuss the great pains that are taken to keep politics out of the Federal Reserve Board. Is this a good thing? Why or why not?
3. Do students think the government is too involved in regulating the economy or not involved enough? Explain.
4. Should Congress and the president support vigorous protection of trade or encourage more free trade?
5. If students were members of Congress, how would they try to change the tax code to make it fairer to all citizens? Encourage them to explain their reasoning and their guiding philosophy.
Video Clips
1. “A CENTRAL BANK AND ITS MISSION” (). THIS PRESENTATION IS AVAILABLE AT: WWW.ABOUTTHEFED/INSTRUCTOR-RESOURCES.HTM.
Why do countries have central banks, according to former chairman Ben Bernanke? What do central bank officials do? What are the primary goals of central bank systems?
2. “Senator Alan Simpson on the National Debt” (C-SPAN). This presentation is available at: video/?c3937339/senator-alan-simpson-national-debt.
Senator Simpson (R-WY) was the co-chair of President Obama’s bipartisan commission on the national debt. What does he say about the national debt, including such issues as Social Security and national defense? What must leaders in Congress do to reduce the burgeoning debt of the United States?
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (THE BUDGET PROCESS). SINCE 1969, THE UNITED STATES HAS HAD ONLY FOUR BALANCED BUDGETS COVERING FISCAL YEARS 1998, 1999, 2000, AND 2001. DISCUSS THE BUDGETARY PROCESS WITH STUDENTS, BUT IT IS CRUCIAL TO HIGHLIGHT THE IMPORTANCE OF PUBLIC OPINION IN FEDERAL BUDGETING AS WELL. MANY AMERICANS SUPPORT THE CONCEPT OF A BALANCED BUDGET, BUT AT THE SAME TIME MANY WILL NOT SUPPORT CUTS IN ENTITLEMENTS OR INCREASED TAXES.
2. How It Works: In Practice (The 2016 Budget Process). As highlighted in this graphic, it has been 20 years since members of Congress passed all 12 appropriations bills using the regular budget process. For two decades, continuing resolutions have been routine. Is this a plausible way to approach budgeting? What are the implications of using continuing resolutions as opposed to budgeting in a traditional sense?
Chapter 16 Social Policy
CHAPTER GOALS
1. EXPLAIN WHAT WE MEAN BY SOCIAL POLICY, AND HOW THE NATIONAL GOVERNMENT’S ROLE IN SOCIAL POLICY HAS EVOLVED.
2. Examine the problem of poverty as a target of social policies.
3. Describe the roles played by each branch of the national government and by the states in making and implementing social policy.
4. Trace the steps through which problems are addressed by social policies.
5. Analyze the current major areas of social policy.
Outline
WHAT SHOULD BE THE ROLE OF THE GOVERNMENT IN PROVIDING THE SOCIAL SAFETY NET?
What is social policy?
Social policy [PMI-1, CON-3, CON-4]
Social safety net [PMI-1]
Welfare [PMI-1]
Early social-policy efforts
Contributory (or social insurance) programs [CON-3]
Noncontributory (or public-assistance) programs [CON-3]
The New Deal
Stock market crash (1929) [CON-4, PMI-2]
Great Depression [CON-4, PMI-2]
Franklin Delano Roosevelt [CON-4, PMI-2]
New Deal [CON-4, PMI-2]
Aid to Families with Dependent Children (AFDC) [PMI-1, PMI-2, CON-4]
The Great Society
Great Society [PMI-2]
War on Poverty [PMI-2]
Ownership society [PMI-2]
Poverty and income inequality
Poverty line [PMI-1]
Social Security [PMI-1]
Medicare [PMI-1]
Corporate welfare [PMI-1]
Partisanship and income inequality
The human face of income inequality
The key players in social policy making
Congress and the president
The bureaucracy
Bureaucracy [PMI-2]
The states
Temporary Assistance to Needy Families (TANF) [PMI-1]
Medicaid [PMI-1]
National public option [PMI-1]
Interest groups
The policy-making process
Social Security [PMI-1, PMI-2]
Death tax [PMI-2]
Policy agenda [PMI-2]
Alternative perspectives on the policy-making process
Stages model of policy making [PMI-1, PMI-2]
Punctuated equilibrium model [PMI-1, PMI-2]
Policy image [PMI-1, PMI-2]
Laboratories of democracy [PMI-1, PMI-2]
Social policy today
Social Security
Social Security [PMI-1]
Third rail of politics [PMI-1]
How Social Security works
Regressive tax [PMI-1]
Social Security’s long-term challenges
Baby-boom generation [PMI-1]
Pay-as-you-go [PMI-1]
Special public-debt obligation [PMI-1]
Social Security reform
Payroll taxes [PMI-1]
Income ceiling [PMI-1]
Social Security [PMI-1]
Bipartisan [PMI-1]
Privatization of Social Security [PMI-1]
Health care
How America’s health care system works
Medicare [PMI-1, PMI-2]
Medicaid [PMI-1, PMI-2]
Entitlement [PMI-1, PMI-2]
The American health care system’s long-term challenges
Health care reform
National single-payer plans [PMI-1]
Socialized medicine [PMI-1]
Understanding the ACA (“Obamacare”)
Affordable Care Act (ACA) [PMI-1]
Obamacare [PMI-1]
The future of “Obamacare”
Obamacare [PMI-1]
Donut hole [PMI-1]
Co-payments [PMI-1]
Deductibles [PMI-1]
Income support and welfare
Income support [PMI-1]
Food stamps [PMI-1]
Unemployment insurance [PMI-1]
Supplemental Security Income (SSI) [PMI-1]
Earned Income Tax Credit (EITC) [PMI-1]
Supplemental Nutrition Assistance Program (SNAP) [PMI-1]
Means-tested [PMI-1]
Aid to Families with Dependent Children (AFDC) [PMI-1]
Temporary Assistance for Needy Families (TANF) [PMI-1]
Federal block grants [PMI-1]
Education
No Child Left Behind Act of 2001 [PMI-1]
Every Student Succeeds Act in 2015 [PMI-1]
Common Core [PMI-1]
Vouchers [PMI-1]
Conclusion
In-Class Questions and Writing Prompts
{559}
1. Define “social policy.”
2. Define “welfare.”
{560}
3. Identify the two types of social policy.
4. Identify three types of contributory (social insurance) social policies.
5. Describe contributory social policies.
6. Identify five types of noncontributory (public assistance) programs.
{560–561}
7. Describe the main purpose of the New Deal.
{561}
8. Identify what the major expansion of social policy under President Lyndon Johnson was called.
9. Explain how the Vietnam War affected the War on Poverty.
10. Describe what George W. Bush meant by an ownership society.
{564}
11. Describe what has happened to income inequality and the wealth gap in the United States in recent years.
12. Describe two trends in Figure 16.1.
{565}
13. Define “corporate welfare.”
14. Describe how Republicans believe is the best way to address poverty.
15. Describe how Democrats believe is the best way to address poverty.
{566}
16. Describe the relationship between the party of the president and the poverty rate.
17. Explain one factor that could account for the relationship between the party of the president and the poverty rate.
{567}
18. Identify the three key players in policy making.
{569}
19. Explain how federalism affects how social policy is administered.
20. Explain why decision makers in Washington, D.C., are not very responsive to interest groups that represent the poor.
{570}
21. Define the policy agenda.
{571}
22. Explain why it is difficult to measure success in the public sector.
{570–572}
23. Identify and describe the stages in the policy-making process.
{574}
24. Describe the punctuated equilibrium model of policy change.
{575}
25. Define the Social Security program.
26. Explain why Social Security is considered to be the third rail of politics.
27. Explain three reasons why Social Security is such a popular program.
28. Explain why Social Security tax is regressive.
29. Explain why Social Security payments are progressive.
{576}
30. Describe the baby-boom generation.
31. Explain why the baby-boom generation poses a threat to the Social Security program.
{577}
32. Describe the trend in the percentage of the elderly population from 1900 to 2015.
33. Describe the projected trend in the percentage of the elderly population.
34. Explain how the projected trend might affect the social policy.
35. Explain one factor that could possibly change the projection.
36. Describe the point for which Republicans are correct regarding the financial health of Social Security.
37. Describe the point for which Democrats are correct regarding the financial health of Social Security.
{579}
38. Evaluate two solutions to address the long-term future of Social Security.
{579–580}
39. Identify the main options for taking care of the long-term fiscal problems of Social Security.
{581}
40. Explain what the privatization of Social Security means.
41. Explain three advantages of Social Security privatization.
42. Explain two criticisms of Social Security privatization.
{582}
43. Define “Medicare.”
44. Identify the major sources of funding for health care.
45. Identify the three largest targets of health care spending.
{582–583}
46. Define “Medicaid.”
47. Define “entitlement.”
{586}
48. Explain one reason why critics do not like single-payer plans.
49. Explain one reason why critics do not like market-based solutions to health care.
50. Identify three characteristics of Obamacare.
{587–588}
51. Identify three reasons why it would be difficult to repeal Obamacare.
{588}
52. Identify four types of income support.
53. Describe the Supplemental Nutrition Assistance Program.
54. Describe the purpose of food stamps.
{588–589}
55. Describe the purpose of the Federal-State Unemployment Compensation Program.
56. Describe the purpose of the Earned Income Tax Credit.
57. Explain what a means-tested program is.
58. Describe the purpose of the Aid to Families with Dependent Children program.
{589–590}
59. Identify three of the components of the Temporary Assistance for Needy Families law.
60. Explain one of the criticisms of the Temporary Assistance for Needy Families law.
{590}
61. Describe the main purpose of the Morrill Act of 1862.
{590–591}
62. Describe the main purpose of the 1944 GI Bill of Rights.
{591}
63. Identify the punishment for failing schools under the No Child Left Behind Act of 2001.
64. Describe a criticism of the using standardized tests to measure the progress of schools.
65. Identify two components of the 2015 Every Student Succeeds Act.
{593}
66. Explain one advantage and one disadvantage of providing school vouchers.
Stumbling Blocks
THE COLLEGE BOARD RECOMMENDS THAT POLICY AS A SUBJECT SHOULD BE STUDIED THROUGHOUT THE COURSE RATHER THAN EXAMINED IN ISOLATION. THIS DOES NOT MEAN THAT IT IS NECESSARY TO START WITH THE POLICY CHAPTERS, BUT IT WOULD MAKE SENSE TO INTRODUCE SOME OF THE SOCIAL POLICIES INTRODUCED IN THIS CHAPTER—AND THE FOREIGN POLICIES DISCUSSED IN THE NEXT—THROUGHOUT THE COURSE. HOW HAVE THE DYNAMICS OF FEDERALISM, FOR EXAMPLE, HAD AN IMPACT ON THE POLICY PROCESS? WHAT ROLE HAVE THE DIFFERENT BRANCHES OF GOVERNMENT PLAYED IN FORMULATING AND IMPLEMENTING THE POLICY AND EVALUATING ITS EFFECTIVENESS? THESE TYPES OF QUESTIONS CAN BE ASKED AS STUDENTS WORK THEIR WAY THROUGH THE EARLIER CHAPTERS. IF STUDENTS ARE WORKING ON THE CURRENT EVENTS PROJECT DISCUSSED EARLIER, THEY CAN ALSO SELECT OR BE ASSIGNED A SPECIFIC POLICY ON WHICH TO FIND ARTICLES.
{559, 588}
The term “welfare” often has a pejorative meaning in the United States when used in the sense as defined on page 559. This should be a topic for discussion, as long as both sides are considered, but only after students have had a thorough reading of this chapter. When presenting the justifications for welfare, it is important to remind students that welfare also means “well-being.” There is a broader conception of the term provided on page 559.
Most likely, the major stumbling block in this chapter will be students coming into this chapter with preconceived notions. They have opinions influenced by the media and their parents (that is, agents of socialization)—opinions that are based largely on anecdotal evidence. The best advice for countering these biases is to stress the statistics that are provided throughout the chapter. Emphasize for students how this data either reinforces or contradicts what they may have believed beforehand. One way of doing this is to ask the students to anonymously answer the same questions that are asked in the various opinions and research discussed in this chapter. Of course, this should be done before the students begin to read this chapter and with the approval of the administration.
{575–581}
It probably would not be an exaggeration to say that there are more people who have heard that Social Security is running out than people who understand how Social Security actually works. As the text recounts, claims of the depletion of Social Security funds have been discussed for many years. These predictions have not come true and will probably never bear fruit—in part due to the “prophet’s dilemma,” otherwise known as the self-defeating prophecy, the antonym of the self-fulfilling prophecy. If people predict that something will occur and then act to prevent this, it might not occur as a result of their actions. At the same time, it is difficult to know what solutions will be used or how effective they will be. Accurate predictions are inherently difficult, and these problems are compounded when so many of the variables that must be considered are connected to the economy, the multidimensional nature of which was outlined in the last chapter.
{581–588}
If the first months of the Trump administration are any indication, Obamacare will be an ongoing issue in the upcoming years. Armed with the information about the structure of the Affordable Care Act, its advantages and disadvantages, and the effects on the stakeholders, students will evaluate recent criticisms and challenges to this controversial health care policy more easily. Of course, “easier” does not mean “easy.” New claims, accusations, and information will come out as the debate continues.
{588–590}
The urban legend of the so-called welfare queen has been around since the 1960s, but it was highly popularized again by Ronald Reagan during his presidency in the 1980s. Even if students have not heard this term, per se, the perception that people are getting rich off of the welfare system is something that students will often raise. The data on pages 588 and 589 should clearly show that this is not the case.
Rubric for Free-Response Question from End-of-Chapter Content
1) A LARGE PORTION OF THE FEDERAL BUDGET IS ALLOCATED TO SOCIAL POLICY PROGRAMS. (5-POINT RUBRIC)
A. Define the term “social policy.” 1 point for definition
B. Compare the view of the Democratic Party and Republican Party on the role of the federal government with respect to social policy programs. 1 point for comparison [Students will need to articulate a difference in the parties’ views on federal government social programs. Although a compare point could be earned with a similarity, that seems less likely with this particular question.]
C. Explain how each of the following government programs has expanded assistance or coverage to a new group of individuals. 1 point for each explanation, 3 total points [The student must articulate how this program covers/assists a segment of the population. To earn the point, the student will need to identify roughly what each program does (e.g., income support or health care) and which group the program covers (e.g., the elderly or the poor).]
a. Social Security
b. Medicare
c. Medicaid
Essential Questions and Objectives
1. HOW IS THE POLICY-MAKING PROCESS AFFECTED BY THE DISTRIBUTION OF POWERS AMONG THE THREE FEDERAL BRANCHES AND BETWEEN NATIONAL AND STATE GOVERNMENTS?
2. Where do various political ideologies stand on the issue of government regulation of the marketplace?
3. How do various political ideologies affect policy on social issues?
4. How have constitutional provisions supported and driven social movements?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
There are many possible reforms to Social Security. Lead a class discussion where students offer their own suggestions to reform America’s most famous social program. Are students willing to work until they are 70? Would they rather be able to invest their own Social Security in a personal retirement account? Do students who do not want a personal retirement account worry that those who do will shrink the available pot of money that will fund Social Security when these students retire? How do folks feel about higher taxes to keep Social Security solvent?
Activity 2: Political Process Matters
Have students research and discuss the extent to which prominent officials, especially the U.S. president, address the promises that they made during the campaign season. A good source to investigate is the PolitiFact website (). Upon doing so, have students share their investigation and research experience with their peers.
Activity 3: Politics Is Everywhere
Social policies are everywhere. Have students take out a piece of paper and make a list of every social policy from which they have ever benefited or will benefit. In addition to benefiting from Social Security at some point, students are also helped by the Civil Rights Act, the Voting Rights Act, welfare policies, student loan programs, and so forth. Have students discuss whether they would be able to go to college without government-funded student loans, purchase homes without tax breaks for first-time homebuyers, and the like.
Activity 4: Who Benefits? At What Cost?
Americans have a limited understanding of how they benefit from social policies. Have students go to the following website: to read the major table from Suzanne Mettler’s piece on the invisible welfare state. Then, have students go to and examine public approval for the same programs that benefit a substantial percentage of Americans and for the taxes that fund these programs. Discuss the trade-offs inherent in politics with respect to taxing and spending.
Discussion Questions
1. THE LONG-TERM SOLVENCY OF SOCIAL SECURITY IS WIDELY BELIEVED TO BE IN DANGER. WHAT SHOULD THE GOVERNMENT DO TO HELP ENSURE SOCIAL SECURITY’S SURVIVAL SO THAT ALL AMERICANS RECEIVE IT WHEN THEY RETIRE?
2. Social policies often provide government assistance to groups of people who are less fortunate. In our republic, where regulated capitalism rules, does the government have any obligation to help the less fortunate?
3. Debates over health care reform have been a part of the last five presidential contests. Typically, Democratic candidates offer suggestions for some form of universal health care (often via government-controlled health care for many, especially currently uninsured Americans), while Republicans promote tax breaks and market-based solutions to the problem. What do students think should be done to address the issue of access to health care in the United States?
4. Many of the contemporary social policies that are a part of what the government provides to the people have their roots in the New Deal. Are we likely to have another period of New Deal–type policy making in which the government heavily involves itself in the economy?
5. Should Social Security and Medicare revenue be set aside in a “lock box” so that it cannot legally be used for any other purpose than the programs in question? Why or why not? Explain.
Video Clips
1. “NO CHILD LEFT BEHIND REAUTHORIZATION LEGISLATION” (C-SPAN CLASSROOM). THIS PRESENTATION WAS AIRED ON NOVEMBER 30, 2015, AND IS AVAILABLE AT: .
Ask students what they think about K–12 public education in America. Is it in need of reform? If so, what changes would they advocate? What is their opinion of the No Child Left Behind Act?
2. “U.S. Uninsured Rate Remains at Historical Low of 11.0%” (Gallup Poll). This presentation is available at: poll/193556/uninsured-rate-remains-historical-low.aspx.
Ask students to analyze the Affordable Care Act by searching the Gallup Poll for the most recent updates on the uninsured rate in America. Is the Affordable Care Act an effective piece of legislation? Why or why not? By what criteria is it effective or deficient? Explain.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (THE SOCIAL POLICY-MAKING PROCESS). ASK STUDENTS TO DISCUSS ONE OR MORE OF THE FOLLOWING ISSUES: PUBLIC ASSISTANCE FOR THE INDIGENT, STUDENT LOAN DEBT, AND ACCESS TO HEALTH CARE INSURANCE. DO ALL STUDENTS AGREE THAT THESE ISSUES MERIT FEDERAL INTERVENTION? IN OTHER WORDS, IS THERE CONSENSUS ON THE PROBLEM RECOGNITION PHASE OF THE PROCESS? WHY OR WHY NOT?
2. How It Works: In Practice (The Enactment and Evolution of Social Security). Federal officials have already informed citizens that by 2035, benefits will have to be reduced by about 25 percent unless the program rules are changed by members of Congress. If students were serving in Congress now, what, if anything, would they do with regard to Social Security? Be entirely specific by way of response.
Chapter 17 Foreign Policy
CHAPTER GOALS
1. DESCRIBE THE MAJOR APPROACHES TO UNDERSTANDING FOREIGN POLICY AND TRACE HOW AMERICA’S ROLE IN THE WORLD HAS EVOLVED.
2. Explain how the various branches of government shape foreign policy.
3. Examine the ways American foreign policy is implemented.
4. Analyze several major areas of foreign policy and why they are often controversial.
Outline
WHAT IS AMERICA’S ROLE IN THE WORLD?
What is foreign policy?
Foreign policy [PMI-1, CON-3, CON-4]
Foreign policy principles and perspectives
Should we act alone?
Unilateral action [PMI-1]
Multilateral action [PMI-1]
Should we intervene?
Isolationism [PMI-1]
Internationalism [PMI-1]
Are we only out for ourselves?
Realism [PMI-1]
Idealism [PMI-1]
Nation building [PMI-1]
Constructivism [PMI-1]
History of American foreign policy
The Founding to World War I
Isolationist [PMI-1, CON-3]
Monroe Doctrine [CON-4]
Neutral [PMI-1, CON-3]
The rise of internationalism
The Cold War
Cold War [CON-3, CON-4]
Iron curtain [CON-3, CON-4]
Containment [CON-3, CON-4]
Marshall Plan [CON-3, CON-4]
World Bank [PMI-2]
IMF [PMI-2]
General Agreement on Tariff s and Trade [CON-4]
North Atlantic Treaty Organization (NATO) [CON-4]
Mutually assured destruction [CON-4]
Domino theory [CON-4]
Détente [CON-4]
Organization of the Petroleum Exporting Countries (OPEC) [CON-4]
Glasnost (openness) [CON-4]
Perestroika (restructuring) [CON-4]
Warsaw Pact [CON-4]
After the Cold War: human rights, trade, and terrorism
North American Free Trade Agreement (NAFTA) [CON-4]
World Trade Organization (WTO) [CON-4]
Bush Doctrine [CON-4]
War on Terror [CON-4]
Foreign policy makers
The president and the executive branch
National Security Council (NSC) [CON-4]
Foreign Intelligence Advisory Board [CON-4]
Office of Management and Budget [CON-4]
The Department of State
Department of State [PMI-2]
The Department of Defense
Department of Defense [PMI-2]
Civilian control [PMI-2]
The Department of Homeland Security
Department of Homeland Security [PMI-2]
Intelligence agencies
How much foreign policy power does the president have?
Imperial presidents [CON-4]
Kyoto Protocol [CON-4]
Congress
The federal courts
Groups outside the federal government
Interest groups
Interest groups [PMI-5]
The media
Media [PRD-3]
Public opinion
Intergovernmental organizations, nongovernmental organizations, and international organizations
Intergovernmental organizations (IGOs) [PMI-2]
Nongovernmental organizations (NGOs) [CON-4]
World Bank [PMI-2]
International Monetary Fund (IMF) [CON-4]
United Nations (UN) [CON-4]
The tools of foreign policy
Diplomacy
Trade and economic policies
Tariff [CON-4]
North [CON-4]
American Free Trade Agreement (NAFTA) [CON-4]
World Trade Organization (WTO) [CON-4]
Most-favored-nation status [PMI-2]
Economic sanctions [CON-3, CON-4]
Foreign aid
Foreign aid [CON-3]
GNI [CON-4]
GDP [CON-4]
Alliances and treaties
NATO [CON-4]
Military force
The politics of foreign policy today
Managing international trade: China
Globalization [CON-4]
Fighting terrorism: ISIL
Preventing the spread of WMDs: North Korea
Weapons of mass destruction (WMDs) [CON-4]
Conclusion
In-Class Questions and Writing Prompts
{600}
1. Define “foreign policy.”
{601}
2. Define “unilateral action.”
3. Define “multilateral action.”
4. Explain the difference between isolationism and internationalism.
{601–602}
5. Describe the basic tenet of realism.
6. Describe the basic tenet of idealism.
7. Describe the basic tenet of internationalism.
8. Describe the basic tenet of isolationism.
9. Describe the basic tenet of constructivism.
10. Explain the difference between realism and idealism.
11. Define “nation building.”
12. Define “constructivism.”
{603}
13. Identify the foreign policy perspective of the United States up until its entry into World War I.
14. Describe the major aim of the Monroe Doctrine.
15. Identify the treaty that ended World War I.
{604}
16. Define the Cold War.
17. Describe the purpose of containment.
18. Describe the purpose of the North Atlantic Treaty Organization.
19. Describe what “mutually assured destruction” means.
20. Define the domino theory.
21. Define “détente.”
22. Describe the purpose behind SALT I.
23. Describe the main purpose of the Bush Doctrine (doctrine of preemption).
{608}
24. Identify five foreign policy powers of the president.
25. Identify five foreign policy powers of Congress.
26. Identify five foreign policies of the president.
27. Identify five foreign policies of Congress.
{610}
28. Describe the main duty of the National Security Council.
29. Identify the main foreign policy department in the executive branch.
30. Describe the main duty of the Department of Defense.
31. Define the principle of civilian control.
32. Describe the main role of the Department of Homeland Security.
{613}
33. Identify the two committees in the House of Representatives and two committees in the Senate that primarily participate in making foreign policy.
34. Describe the three types of influence that Congress has over foreign policy.
{618}
35. Explain three reasons why foreign policy does not always mirror public opinion.
{619}
36. Define “intergovernmental organizations.”
37. Define “nongovernmental organizations.”
38. Describe the main function of the World Bank.
39. Describe the main function of the International Monetary Fund.
40. Describe three roles of NGOs.
{619–620}
41. Identify four functions of the United Nations.
{621}
42. Define “tariff.”
43. Explain the purpose of tariffs.
44. Describe the main function of the World Trade Organization.
45. Explain the main advantage of most-favored-nation status.
{622}
46. Describe two types of economic sanctions.
{624}
47. Evaluate if the data in Figure 17.3 implies that America is less generous than other nations in its willingness to donate aid.
48. Describe the main function of the North Atlantic Treaty Organization.
{619–625}
49. Identify the six tools of foreign policy.
{626}
50. Define “globalization.”
{630}
51. Identify four types of weapons of mass destruction.
{631}
52. Compare the risk of terrorist attack and the people’s perception of the risk of terrorist attack.
53. Explain one reason why people overestimate the risk of becoming a victim of terrorism.
Stumbling Blocks
{598–634}
As in the social policy chapter, foreign policy is something that can be discussed throughout the course rather than just covering it as a stand-alone chapter. This is what the College Board recommends, and it can save time, especially for teachers who teach this course in one semester rather than over a year. The chapters on Congress, the presidency, and the court system will be the most relevant, and it might be worth the time to pull out sections of this chapter and assign them when students are studying other chapters. The “Federalism” chapter will not be relevant, except to point out that it is a power of the federal government—not of the states—to deal with foreign policy. The “Civil Liberties” chapter is one that can work quite well with this topic since there is a trade-off between safety and liberty, a choice that has been made starker since the September 11 attacks. As an assignment, students can research how the United States deals with a specific country (for example, Iran, China, Russia, or North Korea) and follow how relations between the United States and that country evolve throughout the semester or year.
{601–604}
Because foreign policy includes the political as well as the economic interactions between the United States and other countries, an important tension arises that might not be obvious to students, especially those who have not studied comparative politics, international relations, or economics. As students learn in international relations and comparative politics, nation-states want to maintain their sovereignty and prevent other states from exerting power over them. “Power” is defined as one entity making another entity do something that it might not otherwise want to do. Whenever nation-states enter into alliances—and it is often done with trepidation—each party gives up some of its sovereignty, though the sacrifice might not be equal.
In international relations, the name of the game is sovereignty, but the opposite is true with regard to international trade and finance. In this aspect of foreign policy, success usually occurs when firms specialize in generating what they are most efficient in producing and trade with other countries for the products they do not make as efficiently. The benefits of this relationship are that more goods and services are produced with greater variety, and they are produced at a lower cost. The downside where tension arises is that firms become dependent through this relationship. Foreign political relations are about independence and economic trade relations are about interdependence.
{619–621, 626–628}
Students often confuse budget deficits and trade deficits. A budget deficit occurs when the government spends more money than it takes in over a year. A trade deficit refers to a country’s greater spending on imports compared to its export revenues. Trade deficits, which are the norm for the United States, have positive and negative aspects. They are an indication of the wealth of a country and proof that a country is benefiting from buying less-expensive goods. However, it indicates a loss of domestic jobs and means that domestic assets must be sold in order to help pay for the deficit, resulting in more foreign ownership within a country.
Rubric for Free-Response Question from End-of-Chapter Content
1) BOTH THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS HAVE POWER OVER FOREIGN POLICY. (5-POINT RUBRIC)
A. Identify the actor in the political system with the constitutional authority to declare war. 1 point for description
B. Describe a role of the president with respect to foreign policy. 1 point for description
C. Describe a role of the federal bureaucracy with respect to foreign policy. 1 point for description
D. Explain how two enumerated powers of Congress can check the power of the president with respect to foreign policy. 1 point for each explanation, 2 total points [Students must identify an enumerated power of Congress in this regard and then articulate how Congress uses this power to limit the president’s power in foreign policy. For example, the student could discuss declaring (or not declaring) war, treaty ratification, confirmation of ambassadors or agency heads like secretary of state/defense, controlling the budget, and so on.]
Essential Question
1. HOW IS THE POLICYMAKING PROCESS AFFECTED BY THE DISTRIBUTION OF POWERS AMONG THE THREE FEDERAL BRANCHES AND BETWEEN NATIONAL AND STATE GOVERNMENTS?
Class Activities
ACTIVITY 1: POLITICS IS CONFLICTUAL
Pick a story in the “World” section of The New York Times that deals with American foreign policy (pages/world/index.html) and pass out copies to the class. Lead a discussion over who the major players are for the issue about which the article is based. What are the conflicting goals at play? What are the potential short- and long-term consequences of action or inaction? How are other nations arraying themselves with respect to the conflict? What should the United States do?
Activity 2: Political Process Matters
Many foreign policy watchers have commented on the vastly different processes that preceded the Persian Gulf War led by President George H.W. Bush and the Iraq War led by President George W. Bush. In general, reflections on the genesis of each conflict suggest that the first President Bush spent a great deal of time building an international coalition through the United Nations to support the policy of removing Saddam Hussein from Iraq, while the second President Bush asserted his willingness to act alone if necessary, ultimately building a smaller coalition amidst more internationally controversial circumstances. In this activity, divide the class into three groups.
This activity has the instructor leading a major decision-making process for the class. Will the final exam be a 10-page essay or 10 multiple-choice questions? In each case, it is the instructor’s task to make the case for a 10-page essay final. The activity proceeds in two stages. First, approach the “UN,” one of the three groups that has been created, to discuss the utility of having a 10-page essay exam. Arguments may include the following:
• If a student gets only two questions wrong on the multiple-choice exam, that student falls to a B− (80 percent).
• Writing an essay allows students to demonstrate what they have learned, while the multiple-choice exam focuses on 10 particular items the teacher is interested in examining.
• Most jobs will require the ability to write cogently and quickly, whereas very few jobs require multiple-choice skills.
After you get the UN on board (if students resist the essay exam, just explain to them the purpose of the activity or do so ahead of time), dispatch it to one of the two groups to make your case about the exam. Then, go to the other large group and inform the participants that they are going to have a 10-page essay exam, and while a short, multiple-choice exam had been considered, it was ultimately rejected in favor of the long essay exam.
After the UN finishes talking to the other group of students, have the class vote on whether members approve of the final exam strategy. Then, also ask students whether they felt the process was fair. The group that was lobbied by a coalition of fellow students ought to be more supportive of the final and more likely to think the process was fair. Lead a discussion about how this relates to foreign policy. How might coalition building lead to positive outcomes in a particular foreign policy crisis? How might that same coalition building help to engender better relations with other countries more generally?
Activity 3: Politics Is Everywhere
Have students check their backpacks to see the country of origin for the items in their bags. Where were their laptops, cell phones, and the like made? Have students share where their belongings were made. List the items in general categories on the board. Do particular kinds of items seem to come from specific countries? Which country produced the most items that are being used by the classroom participants? Discuss these questions in concert with the issue of foreign trade.
Discussion Questions
1. ONE PROBLEM FACING AMERICAN FOREIGN POLICY MAKERS IS HOW TO TREAT SUSPECTED TERRORISTS THAT HAVE BEEN CAPTURED BY U.S. FORCES. DO THESE SUSPECTED TERRORISTS DESERVE THE SAME RIGHTS THAT AMERICANS ACCUSED OF CRIMES RECEIVE?
2. The United States is engaged in what President Bush has called the “War on Terror.” Has the War on Terror been a success, a failure, or something in between? Explain.
3. A classic debate from an earlier era in American history has to do with whether the United States should engage in an isolationist or internationalist foreign policy strategy. Clearly, the United States is engaged in more of an internationalist strategy in the twenty-first century. Is this a good idea?
4. Does being the world’s only remaining superpower (though China and India are on the rise) come with special obligations?
5. Regardless of each student’s own views about President Obama’s foreign policy, a wide variety of survey data shows that nearly the entire rest of the world has more favorable attitudes toward the United States than they did during the presidency of George W. Bush. Do warmer feelings about America from foreign countries make conducting foreign policy easier? Why or why not?
6. Emphasize the need to at least consider the lessons of history in the foreign policy arena. Ask students what lessons can be extracted from one or more of the following conflicts: World War I, World War II, the Korean War, the Vietnam War, and the Iraq War.
Video Clips
1. “EISENHOWER’S ‘MILITARY-INDUSTRIAL COMPLEX’ SPEECH ORIGINS AND SIGNIFICANCE” (U.S. NATIONAL ARCHIVES). THIS IS AVAILABLE AT: WWW.WATCH?V’GG-JVHYNP9Y.
What did President Eisenhower mean by the military-industrial complex? In the contemporary era, how do we simultaneously balance the need for national security with the need to maintain freedom?
2. “Which Countries Spend the Most on Their Military?” (Test Tube News). This presentation is available at: watch?v’UaecOn8rk50.
How much did the entire world spend on defense in 2014, according to this presentation? Ask students what they learned from this video clip and encourage them to review the annual military expenditures of each country that are provided by the Stockholm International Peace Research Institute (SIPRI). These data are available at: databases/milex.
How It Works? Discussion Questions
1. HOW IT WORKS: IN THEORY (WAR POWERS: WHO CONTROLS THE ARMED FORCES?). ASK STUDENTS TO PONDER THE CONSTITUTIONALITY OF THE WAR POWERS ACT. UNDER THE CONSTITUTION, THE PRESIDENT IS COMMANDER-IN-CHIEF OF THE ARMED FORCES WHILE CONGRESS HAS THE POWER TO DECLARE WAR AND THE POWER OF THE PURSE. IF STUDENTS SERVED AS PRESIDENT, HOW WOULD THEY RESPOND TO THE LAW’S SPECIFIC REQUIREMENTS? EXPLAIN.
2. How It Works: In Practice (America’s Role in Libya’s Civil War). In practice, is it possible for leaders in both the executive and legislative branches to coordinate with one another to address foreign policy issues? Explain.
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