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The Big List of TopicsConstitutionConcurrent/denied/reserved powers/implied powersWeaknesses of Articles of Confederation; Achievements of AoC government; Shays’ RebellionThomas Hobbes, John Locke, natural rights, consent of the government; Declaration of IndependenceConstitutional ConventionVirginia, NJ, Plans, Great CompromiseElements of Constitution that addressed weaknesses of A of C; addressing problems of decentralizationSeparation of power – powers divided among 3 separate and coequal branchesChecks and balances – among 3 branches of gov’tt – know all the checksLimited government – listing powers of fed gov’tt, reserving powers to the statesCompromises on slavery: 3/5 Clause, Fugitive Slavery Law, ending international slave trade in 1808Compromises on presidency: length of term, number of terms, Electoral CollegeFear of tyranny of majorityClauses: Supremacy, Full Faith and CreditPrivileges and ImmunitiesWays of amending the Constitution formally and informallyWhat in the Constitution limits the power of governmentFight for ratification; Federalists v. Antifederalists, Federalist Papers, Federalist #10 and 51FederalismUnitary, Confederal, federal systemsAdvantages and disadvantages of federalismPowers enumerated for fed gov’t/reserved to state gov’t, concurrentConstitutional basis of federalism: Supremacy Clause, 10th Amendment, Elastic Clause, Full Faith and Credit Clause, Extradition, Privileges and immunities clause, Commerce clauseMcCulloch v. Maryland, Gibbons v. Ogden, Barron v. BaltimoreDual FedCooperative FedFiscal Fed – using mandates and other requirements to get the states to do what the fed government wantsDevolutionLimitations on statesInterstate obligations and rights – Article IV: Full faith and credit, privileges and immunities, extradition interstate compacts Federalism in Politics: Senators rep states, House members, Court system, Senatorial courtesy, in politics: primaries, parties organized along quasi-federal linesGrantsCategorical grants – earmarked for specific purposes, 90% of all fed grantsBlock grants – general use in broad areaMandates, unfunded mandates: Unfunded Mandates Reform Act, impact of federal mandatesMotor Voter, Welfare Reform, Americans with Disabilities Act, Federalism in current policy debates: (Ex: DOMA, Clean Air and Water Acts, Brady Bill, No Child Left Behind)Examples of Recent rulings on federalism - U.S. v. LopezHow powers of federal gov’t have increased relative to the power of the states: which provisions of the Constitution have been used: power to tax and spend, Elastic clause, Commerce clausePolitical Opinion and ParticipationWho votes – variables, factorsConservative vs. liberal ideologiesPolitical socializationParticipation: conventional/unconventionalWho turns out to vote: demographic variables affecting who turns out to voteMotor Voter Act and its effectsPolitical efficacy (Internal v. External), civic dutyHow people vote: what they evaluate candidates onWhy more vote in presidential elections than in off-year electionsInstitutional obstacles to votingRetrospective and prospective votingSources of political informationFactors that influence people’s political beliefsTypes of polls and problems with pollingFactors that cause cleavages in public opinionConventional and unconventional types of political participationGender gapReasons for decline in trust and confidence in government, consequences of that decline Political PartiesPurposes of parties/ What do they do? Be aware of the role of the parties in politics and their role in governmentParty as linkage institution: how do they link people & gov’t?Factors that contribute to the continuation of the two-party electoral systemTrends in party identification: demographic groups that lean to one party or the other, geographic areas, rural/urban, ideologicalCurrent coalitions for each partyTrend towards ticket-splitting and increase in independents – why?Organization of the parties: Decentralized party structure: local, state, and national party organizationsNational committee, national chairman, national convention, congressional campaign committeesParty machinesThe roles of party in governmentParty eras in American historyParty dealignment and realignment – Critical Election TheoryChanges that have led to a weakening of political partiesConsequences of having weakened partiesReforms that weakened parties: civil service reform, ballot reform, primaries, campaign finance reformRestructuring of the Democratic Party in 1968 and McGovern-Fraser Commission, superdelegates3rd or Minor PartiesTypes of 3rd partiesWhy 3rd parties have trouble breaking throughWhat roles 3rd parties play in our systemConsequences of two-party systemWinner-take-all system vs. proportional representationCandidates distancing themselves from party – candidate-centered electionsElectionsAmendments that deal with voting15th, 17th, 24th, 26th Electoral CollegeAdvantages & disadvantages12th AmendmentReform proposals?1974 Federal Election Campaign Act (FECA) – impactFEC – what it doesBuckley v. ValeoPublic funding of presidential campaignsSoft vs. hard moneyRaising money; invisible primary2002 Bipartisan Campaign Finance Reform Act (McCain-Feingold)McConnell v. FECCitizens United v. FECGrowth of independent groups – PACS, SuperPacs, 527s, 501(c)(4)sFocus on candidate-centered campaigns: role of mediaTypes of elections: primary and generalTypes of primaries: closed, open, blanketEffect of front-loading of primariesCrossover votingIowa caucuses and NH primarySuper TuesdayRole of the media in elections; role of “new” media/internetGOP: winner-take-all primaries. Democrats: proportional rep in primaries, plurality elections – results of those differences, e.g. 2008 electionCoattail effect – declining?Differences in presidential and congressional electionsWho votes in primaries vs. general election?What has been the effect of having primaries and caucuses determine the nominee vs. a convention?What are the effects of frontloading in the nomination process?How conventions have changed – the role of conventions todayParty platformsWhat goes into running a campaign?Impact of campaign on voters: what determines how people vote?Effect of advertising?Propositions: initiative and referendumAdvantages that incumbents haveWhy House incumbents have higher reelection rates than Senate incumbentsTrends towards higher reelection rates for incumbentsMediaHow presidents can use the mediaRole of media in election campaigns, impact on campaignsRoles of mediaChanges in role of media, evolution of mass media, results of internet and new mediaLaws affecting the mediaEqual access ruleEqual time ruleRight-of-rebuttal ruleRole of FCCHow candidates use the mediaFocus on candidate over issuesEffects of the new media, internet, blogs, YouTube, Email, Twitter, FacebookMedia as linkage institution – How does it connect people & gov’t?Setting the agendaSound bitesBias in the mediaRules in reporting: off/on the record, on background, deep backgroundSupreme Court cases affecting the media: prior restraint: US v. NY Times (Pentagon Papers)Horserace journalism, scorekeeper, gatekeeper, watch dog functionInterest GroupsTypes of IGsHow they can influence policy-makers: which methods various groups prefer to useTheories of roles of IGs: pluralist, elite, hyperpluralistRoles of IGs in electionsWhich policymaking institutions do IGs targetRole of lobbyistsEffect of campaign finance reform on IGs: 1974 and 2002Use of litigation: briefs and class action lawsuits, amicus curiae briefIGs as linkage institutionsIron Triangles/issue networks – sub-governmentsWhat makes an IG successfulFree Rider Problem?Collective v. selective goodsDifferences from partiesWhy people join IGs - incentivesWhere IGs get their moneyThe revolving doorGrassroots lobbyingCongressDemographics in general of Congressmen & womenArticle I: delegated powers, qualifications for serving in House and SenateWhy a bicameral legislature?Differences between House and SenatePowers of the Senate and HouseAdvise and Consent by the SenateNon-legislative tasks of Congress: oversight, education, representing constituents within governmentDelegate vs. trustee vs. politico modelFilibuster, clotureTypes of Committees in Cong: standing, joint, select, conferenceStanding – only ones to write legislation and conduct oversightHow GOP changed House rulesJob of Speaker, Majority/Minority Leader/ Pro-tem, what do Whips do? How can party leadership affect legislative processHouse Ways and Means/Senate Finance > taxesAppropriations > how money is apportioned to federal agenciesNon-legislative tasks of CongressLegislative veto – line item veto: what do these terms mean and what has the Supreme Court said about them?How a bill becomes a law and where a bill can be killedResolutions: simple and concurrentImportant Committees: House Rules – what can it do, House Ways and Means, Senate Finance, Appropriations CommitteeMark upFranking privilegeAdvantages of incumbents: credit claiming, constituent serviceWhat affects how congressmen vote? Pressures on them to vote LogrollingPACS, IGsConstituentsIdeologyParty Affiliation – most important factorPublic OpinionRole of lobbyists and IGsCommittee system, role of subcommitteesLegislative vetoPork barrel legislation, earmarksRedistrictingImpact of having maj-min districtsWhat has the Supreme Court said about race as a factor? Principles in districting, Shaw v. RenoReapportionment and redistricting – what is the difference?Census, apportionment, malapportionment, gerrymandering, racial gerrymanderingBaker v. Carr and Wesberry v. SandersWho becomes chair of committees, how committee assignments are determined; majority party has majority on committeesSeniority systemCongressional caucuses: party and other caucusesTerm limits debate: arguments on each sideChanges made after 1994 election by Gingrich Republicans in HouseRole of the parties in CongressSpecialization in CongressHow Congress reasserted its powers after Nixon War Powers ActBudget and Impoundment Control ActHow impeachment worksPresidencyFormal powers of President – Know Article IIInformal powers of presidentExecutive privilegeExecutive ordersExecutive agreementsBully pulpit – “going public”/power to persuadeHow the Constitution forces the president and Congress to work together and why conflicts are natural – different constituenciesHow they can pursue their own policy agendasAct as chief legislatorB/c of a veto can have a good deal of influence over shaping of a billRely on party supportShared priorities with those of same partyIf popular president – reflects well on those who support himMust rely on members of Congress to introduce legislationTools of President as Party leaderBargainingAppeals to party membersAssistance in fund-raisingHelp in electioneeringDispensing of perksPERSUASIONPublic SupportIf a president is popular – gives him more power in talking to repsIf weak – hard to garner supportMore likely to get things passed early in his termLegislative skillsPresidents can bargain with reps to offer support on legislation or joint public appearancesOffer more during honeymoon periodTry to focus attention of Congress on their agendaAdvantages over Congress in making foreign policyExecutive OrdersDiplomatic powers of PresidentFormal recognition of other gov’ts Negotiating treatiesExecutive agreements are administrative in natureMilitary powersAuthorize military actionsSend troops to specific areas of conflictWar Powers Act? Must inform Congress within 48 hours? Troop commitment is for 60 days unless Cong agrees to a longer deployment (90 day total)? Congress may end commitment at any time through a concurrent resolutionPower from the People: Public Presidency – voter’s approval determinedWhether voter identifies with the political party of presHow effective a public speaker the president isWhether he appeals to the public directlyHow media interpret the actions of the presTools Pres uses to garner supportSources of informal powers of presidentsFrom precedents by past president (GW using Cabinet for advie)From actions of Congress giving president power – Gulf of TonkinLimits on pres powerSystem of checks and balancesAppointmentsOverride vetoJudicial reviewActs of Congress to limit what pres doesImpoundment?Decisions of federal courts affecting programs and policiesIneffectiveness of bureaucracyWhite House StaffTop-level aides such as chief of staff, national security advisor, press sectHow presidents organize staffExecutive Office of presMust be confirmed by the SenateOMB, CIA, National Eco Council, Office of Personnel Mgt, and Office of the US Trade Executive, Drug Control policyOMB – develop budget, review legislation and proposals from depts. And oversees how depts. Spend their moneyNSC – pres, VP, sect of state, defense, chairman of JCS, CIA, NS advisorIndep regulatory agencies, gov’t corporations, and ind. exec agenciesHow a pocket veto worksMore leeway in foreign policy and military affairs than domesticLine item veto – Clinton v. NYCExecutive Privilege – US v. NixonAlso disallowed as shield against civil suits of the presOrdered executive branch personnel to appear before grand juries – not covered by immunityImpoundmentVPOnly 2 formal duties – vote to break a tie and to help decide pres disability12th AmendmentOnly jobs are what pres givesCriteria for choosing a VP – “balance the ticket”Approval rating – rallying effect in foreign crises, loss of Congressional seats by Pres’s party in midterm electionsChief of staff runs day-to-day opsPolitical patronageEffects of divided governmentWhat affects presidential approval ratings?BureaucracyNo guidance in Constitution on bureaucracy How Administrators (officials and agencies of executive branch) can influence policy: delaying implementation of policy, writing rules and regs, enforcing such rules, regs, and laws, adjudicating conflicting interestsCabinet – criteria for pres choosing cabinet membersIndependent Agency – operate outside the executive departments, but are part of the executive branchIndependent executive agenciesIndependent regulatory agencies or commissionsGovernment corporationsHistory of growth of federal bureaucracyHow are members of bur. recruited – Office of Personnel Mgt, competitive service (2/3) of officialPendleton Act 1883Spoils system/PatronageHatch Act 1939Iron Triangles/Issue Networks/sub governmentsCongressional Checks: authorization legislation for funding, rewriting legisCongressional OversightBureaucratic pathologiesAttempts to reform bureaucracyRevolving DoorPolicy-making functions of federal agencies: regulations, enforcement, interpreting vague laws (e.g. Title IX)JudiciaryJudicial review – Marbury v. MadisonOriginal jurisdiction: 2 states, ambassadorAppellate jurisdictionSenatorial courtesy– political elements of judicial nominationsDebates over judicial ideology: judicial activism/loose construction/moral reading of the Constitution vs. Judicial restraint/originalismOutline history of Supreme Court: John Marshall, Warren Court, changes todayOther courts with a path to the SC – when federal courts have jurisdictionRule of fourWrit of certiorariReasons for hearing a case – how the SC selects caseloadSolicitor GeneralHow Congress can try to influence Court: budget, salaries, remove appellate jurisdiction, control number of justices on Court, approval of nominations, revise statue, amendmentLitigant, plaintiff, defendantTypes of laws: Constitutional, statutory, administrative, common lawsStandingClass action suitsDual court system – what does that mean?Criteria president uses in selecting nominations: party affiliation, acceptability to Senate, Judicial experience, race and sex, litmus testThe politics surrounding judicial nominationsThe role of an Amicus curiae briefOpinions: majority, dissenting, concurringHow Courts set public policy: remedies (e.g. desegregating schools)Reasons for a policy role for courts: protect against tyranny of the majorityReasons against a policy role for the courts: not elected, if swayed by political or social considerations – not standard, just inserting their own opinionsCivil Rights and LibertiesRights that are in the body of the Constitution: writ of habeas corpus, no bill of attainder, no ex post facto laws, trial by jury in fed courts, protection as citizens move from one state to another, not nobility, limits on punishment of treason, no religious oaths for fed office, guarantee Republican gov’t for all statesIncorporation, selective incorporation, Fundamental Rights principles, Liberty Clause of Due Process Clause of 14th Amendment How rights of Bill of Rights have been incorporated Substantive and procedural due process How rights have evolved based on judicial interpretations Freedom of religion Establishment and Free Exercise Clauses Lemon v. Kurtzman Lemon TestPrayer in School Freedom of Expression What is speech? When can it be limited? Schenck v. US Gitlow v. New York Symbolic speech and flag burning Student rights of free speech in school Freedom of the Press Prior restraint Ny Times v. SullivanHazelwood v. KhulmierFreedom of Assembly – right to protest, picket, demonstrate, freedom of association Defendants’ Rights 4th Amendment: search and seizure, warrant, exclusionary rule, Mapp v. Ohio Protection from self-incrimination, 5th Amendment, Miranda Right to Counsel – 6th Amendment, Gideon, plea bargaining, right to trial Cruel and unusual punishment prohibited – 8th Amendment, Capital punishment doesn’t violate 8th Amendment Gregg v. GeorgiaRight to privacy – implied in first 10 Amendments Abortion rights based on right to privacy Griswold v. Connecticut Civil Rights. 14th Amendment guaranteed “equal protection of the laws” Dred Scott – upheld constitutionality of slavery, said blacks weren’t citizens, and Congress couldn’t regulate slavery in the territories 13th, 14th, and 15th Amendments Plessy v. Ferguson – separate but equal Brown v. Board 1954 – overturned Plessy – said segregation was inherently unequal Civil Rights Act of 1964: outlaw racial discrimination in public places, employment, establish EEOC, prohibited discrimination based on gender Federal response to discrimination against women, blacks, age, disability, sexual orientation Classifications or tests or standards for seeing whether a law or gov’t action meets a standard of reasonableness Rational basis Intermediate scrutiny – applied to quasi-suspect classifications – based on gender Strict scrutiny – highest standard, deals with suspect classification (based on race and national origin) or fundamental rights (guaranteed under the Constitution). Need to have a compelling state interest to have these laws upheld Differences b/t de jure and de facto segregation Equality of opportunity vs. equality of result Measures to ameliorate discrimination Affirmative Action University of California Regents v. Bakke – ban strict quotas, reverse discrimination University of Michigan cases busing to achieve racial balance Redistricting to achieve racial balance Right to vote 15th Amendment Ways that southern states circumvented law with literacy tests, poll taxes, grandfather clause 24th Amendment 1965 Voting Rights Act Women’s rights Originally excluded from rights of equality implied in Constitution 19th A Equal Rights Amendment passed by Congress in 1972 but never ratified by ? legislatures Equality of PayAbortion rights How Roe v. Wade was based on the right to privacy The limitations that the Court has and has not allowed in the right to an abortion The political impact of abortion in electoral politics and the politics of judicial nominations Americans with Disabilities Act (ADA)Gay Rights ................
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