Download How do political ideology and core values influence government

AP® U.S. Government and Politics
DRAFT
For Public Review
November 17, 2014
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1
Contents
Acknowledgments ...………………………………….……………….………...iii
Introduction ………………………………………….….……..………….………...4
Content Outline Table at a Glance ……………….……………………..…………......5
Political Science Skills and Practices …………..……………..………...6
Content Outline ……………………………….…….………….………………....7
Big Idea 1: Constitutional Democracy …………….…….………….…….…………....7
Big Idea 2: Civil Liberties, Civil Rights ………………….….……….…….………….. 16
Big Idea 3: American Political Beliefs ………………….……………………...…….. 25
Big Idea 4: Citizen Participation …….………………….…..…………..….…………30
Big Idea 5: Interaction among Branches ……………….………..………….………..40
Appendixes .……………………..…………………………....…………………....50
Appendix A: Required Supreme Court Cases and Enduring Understandings ….…....50
Appendix B: Required Foundational Documents and Enduring Understandings .…..52
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Acknowledgments
The College Board would like to acknowledge the following committee members for their assistance
with, and commitment to, the development of this curriculum framework:
Members of the AP U.S. Government and Politics Committee:

Katy Harriger (co-chair, 2012-present), Wake Forest University, Winston-Salem, NC

Juan Price (co-chair, 2012-present), Roosevelt High School, Seattle, WA

Joe Cammarano (2012-present), Providence College, Providence, RI

Terri Fine (2013-present), University of Central Florida, Orlando, FL

Karen Waples (2012-present), Cherry Creek High School, Greenwood Village, CO

Kim Siracuse (2012-present), Ashland High School, Ashland, OH

Kim Owens (2014-present), Shaker Heights High School, Shaker Heights, OH

Christine Nemacheck (2012-2013), The College of William and Mary, Williamsburg, MD

Jim Riddlesperger (2012-2013), Texas Christian University, Fort Worth, TX
Director, Curriculum and Content Development for AP U.S. Government and Politics
D. William Tinkler
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Introduction
AP U.S. Government and Politics is currently undergoing review to ensure it reflects the most current
scholarship and advances in political science — and that the AP Exam reflects and assesses current collegelevel expectations.
While we’re confident that this process results in courses that reflect college-level expectations, we are asking
for public feedback to ensure the course materials present a balanced view that does not favor one political
perspective over another.
Comments on the draft materials for AP U.S. Government and Politics will be accepted from November 17,
2014 through December 17, 2014. After that time, all collected feedback will be reviewed and considered by
the teachers and professors who comprise the AP U.S. Government and Politics committee. Accepted
recommendations will be incorporated into course materials.
What is available for review?
This initial draft of the AP U.S. Government and Politics course information, vetted by 60 college and university
faculty and department chairs, is now available for public comment. When reviewing, keep in mind that this
document is written for educators and is intended to provide a clear and detailed description of the content
and skills their students need to master to qualify for college credit and/or advanced placement in political
science course work.
The document is comprised of two sections:

Political Science Skills and Practices involving the analysis, comparison, interpretation, and
communication of political information.

The Content Outline, organized by five “big ideas” accompanied by essential questions, enduring
understandings, learning objectives, and essential knowledge statements (for an illustration of how these
components of the content outline work together, see “Content Outline Table at a Glance” on page 6).
It is important to note, the AP U.S. Government and Politics content outline is not a syllabus or a curriculum.
Organizing our course materials around big ideas required by colleges for credit allows individual teachers to
design and sequence their own course curricula to best meet local requirements and the learning needs of
their students.
What are the proposed improvements?
The committee of teachers and professors recommends three types of improvements:
1. Increased emphasis on the Founding documents and other primary sources. By including a list of primary
source documents [see Appendix A & B] that are commonly required in college courses and will be used in
some of the exam questions, teachers and students can focus their efforts. The committee’s objective is
for these primary source documents to be balanced when studied as a group.
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2. Increased clarity regarding the concepts that are typically required by universities for college credit.
The five overarching ideas covered in college courses are now provided with greater detail and clarity to
support teachers in developing their own local curriculum.
3. Increased emphasis on what students should be able to do with the knowledge they develop. The
materials now explicitly identify a set of three skills and seven practices that require students to analyze,
compare, interpret and communicate political information. College and university faculty expect students
to have obtained these skills and practices upon completion of the equivalent introductory college course.
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Content Outline Table at a Glance
Learning Objectives (LOs)
summarize what students must
be able to demonstrate using
essential knowledge. They are
required content for assessment.
Enduring Understandings (EUs), or
long-term generalizations, focus on a
particular part of a Big Idea,
highlighting important, required
components.
EU 4.E: Federal policies on campaigning
and the various forms of contemporary
elections have benefits and drawbacks.
Federal policies on campaigning and the
various forms of contemporary elections
are debated as to whether they help or
hinder democratic participation. These
contemporary election processes, including
different types of primaries, combine with
national conventions to establish the
federal election process. Various changes in
the structure and functions of campaigns
have resulted in candidate-centered
campaigns, which are impacted by the role
of money. The role of money in elections
raises important questions about the
tension between the democratic principles
of equality under the law and liberty. The
current electoral system invites
conversation about whether certain
elements facilitate or impede democracy.
LO 4.E.1: Explain the
impact of the different
parts of the U.S. federal
election process.
EK 4.E.1.a. The process and
outcomes in U.S. federal
elections are impacted by
such process components as:
 Open and closed
primaries
 Caucuses
 Party conventions
 General elections
LO 4.E.2: Explain changes
in the structure and
function of election
campaigns since 1972.
EK 4.E.2.a. The use of
professional campaign
consultants and new
campaign technologies
illustrate changes in the
structure and function of
election campaigns.
Essential Knowledge (EK) statements
represent specific content students
must know to demonstrate the
learning objectives in the course.
They too are required content.
Illustrative Example and
Suggested Reading
(Optional):
• Canvassing and phone
banking
• Sasha Issenberg’s Victory
Lab: the Secret Science of
Winning Campaigns
(2012)
Illustrative Examples (IEs) are included to
help teachers explain required content and
relate it to the learning objectives. These
examples along with “suggested readings”
are optional and will not be targets of
assessment.
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Political Science Skills and Practices
Skill 1:
Students make connections and
comparisons that explain political
behavior
Practice 1.A Explain relationships
between and among political
concepts, events, policies or
institutional interactions.
Practice 1.B Apply political
concepts and theories across big
ideas in the course to explain
political behavior and outcomes.
Skill 2:
Students analyze and assess
political information and
perspectives to derive
supportable conclusions
Skill 3:
Students develop arguments
about institutional/social
behavior and interactions
related to political science
Practice 2.A Analyze
qualitative and quantitative
data from different sources to
determine relationships or
trends among political
institutions or policies.
Practice 3.A Compose an
accurate, logically organized
written essay or presentation
that analyzes selected political
policies, institutions, or
behaviors.
Practice 2.B Evaluate the
quality and credibility of
different information sources
and perspectives regarding
selected political policies,
institutions, or behaviors to
derive supportable
conclusions.
Practice 3.B Summarize a
relationship or support an
analysis of a course topic
or concept through an
appropriate visual (graph,
diagram, map, photo, or
artwork).
Practice 2.C Synthesize
theories, competing
perspectives or
explanations from a variety
of sources regarding
politics and policy.
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Content Outline
Big Idea 1: Constitutional Democracy
Essential Questions:


How have theory, conflict, and compromise influenced the U.S. Constitutional system?
How have constitutional and political developments affected public policy today?
The U.S. Constitution arose out of important historical and philosophical ideas and preferences
regarding popular sovereignty and limited government. Compromises were made during the
Constitutional Convention and ratification debates, and these compromises have frequently been
the source of conflict in U.S. politics over the proper balance between individual freedom, social
order, and equality of opportunity.
The first semblance of a national government created after independence was a state-centered, decentralized
system that reflected a fear of a powerful central government. Yet, the lack of powers held by the weak
national Congress coupled with each state’s independent and often conflicting actions raised concerns with
such key actors as James Madison and Alexander Hamilton as to whether the Articles of Confederation were
able to protect the new nation. The weaknesses led to a call for change and a decision to host a convention to
revise the Articles. The convention itself was a triumph of negotiation, collaboration, and compromise,
extending beyond the delegates’ original mandate. It led to the creation of a new constitution that granted
more centralized authority, while dispersing powers among three branches in the national government, and
reserving powers and authority to the states to govern within their borders.
The group that favored the new federal Constitution, the Federalists, argued that the constitutional separation
of powers and checks and balances would protect people from governmental tyranny and unify the nation.
The Federalists also argued that although the Constitution lacked a specific listing of rights, it protected civil
liberties in general by limiting the national government to powers that were enumerated. By contrast, the
Anti-Federalists argued against the new federal system, claiming that the new Constitution would erode the
sovereignty of the states, the prominence of local self-government, and their inherited liberties. It lacked a
specific listing of rights needed to protect the people from the national government.
The Federalists, eventually including James Madison, promised the Anti-Federalists that they would support
the addition of a bill of rights once the Constitution was ratified. The Constitution was ratified in 1788 although
the last state, Rhode Island, did not ratify it until 1790. The Bill of Rights, the first 10 amendments to the U.S.
Constitution, was added in 1791. More than 200 years later, the compromises that were necessary for the
Constitution’s ratification, and in some instances led to ambiguity, continue to fuel debate and sometimes
even conflict over how best to protect liberty, equality, order, and private property.
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Enduring Understandings
(Core concepts that students should
retain)
Learning Objectives
(What students must
be able to do)
Essential Knowledge
(What students need to know)
EU 1.A: Ideals of American representative
democracy are translated into reality in
various ways.
LO 1.A.1: Compare how
various models of
representative
democracy are reflected
through major
institutions, policies,
events, or debates in
the U.S.
EK 1.A.1.a: Representative
democracies can take several
forms along this scale:
 participatory democracy,
which emphasizes broad
participation
 pluralist democracy,
which recognizes groupbased activism by
nongovernmental
interests striving for
impact on political
decision making
 elite democracy, where
decisions are made by
elected representatives
acting as trustees.
Founders of the American republic believed
that self-government represented the ideal
in political development. The people could
choose the nature and direction of their
federal system and create mechanisms for
responding to public concerns as they
arose. In writing the Constitution, the
Federalists and Anti-Federalists strongly
debated how self-government would play
out in the new federal system, resulting in
the application of different processes of
election and citizen input. To this day,
debate continues over how best to
translate democratic ideals into reality in
American political development.
EK 1.A.1.b: Different aspects of
the U.S. Constitution as well as
the arguments between the
Federalists and Anti-Federalists
in Federalist 10 and Brutus 1
reflect the tension between the
broad participatory model and
the more filtered participation
of the pluralist and elite models.
EK 1.A.1.c: Contemporary
institutions, events, policies and
debates, including voting rights
issues, reflect different beliefs
associated with the three
models of democratic rule.
9
Illustrative Examples (Optional):
 Occupy Wall Street
(participatory)
 Americans for Tax Reform, U.S.
Chamber of Commerce and
other related interest groups
lobby a House committee
studying a tax reform bill.
[pluralist]
 The President follows the
Secretary of State’s
recommendation to intervene
in the Israeli and Palestinian
conflict. [elite]
EU 1.B: Tension between governmental
power and individual rights has
characterized American political
development.
Americans’ commitment to “life, liberty and
the pursuit of happiness,” as manifested in
the Declaration of Independence,
articulates the primacy of natural rights.
There remains, however, an enduring
tension over the appropriate role of
government in a society anchored in
natural rights. How much is enough control,
and who should wield it? Such conflicts
were discussed by Enlightenment thinkers
who argued that an approach to governing
that combines a social compact with
separation of powers and checks and
balances is essential to creating a stable,
citizen-based government.
LO 1.B.1: Analyze and
compare democratic
ideals reflected in U.S.
foundational
documents.
EK 1.B.1.a: The U.S. government
is based on ideas of limited
government including natural
rights, popular sovereignty,
republicanism, and social
contract.
Illustrative Examples and
Suggested Readings (Optional):
 Thomas Hobbes’ definition
of an anarchic “state of
nature” in the absence of
government, as in the failed
state of Somalia
 Baron de Montesquieu’s
ideas about separating
powers in government in
The Spirit of the Laws.
 John Locke’s Second Treatise
of Civil Government (1690)
EK 1.B.1.b: Historical
documents, especially the
Declaration of independence
and the U.S. Constitution,
provide a foundation for the
unique form of political
democracy in the U.S.
10
LO 1.B.2: Compare and
interpret Federalist and
Anti-Federalist views on
central government and
democracy.
EK 1.B.2.a: Madison’s
arguments in Federalist 10
focused on the superiority of a
large republic in controlling the
“mischiefs of faction,”
delegating authority to elected
representatives, and dispersing
power between the states and
national government.
EK 1.B.2.b: Anti-Federalist
writings including Brutus 1
adhered to popular democratic
theory that emphasized the
benefits of a small decentralized
republic, while warning of the
dangers to personal liberty from
a large, centralized government.
Suggested Reading
(Optional):
 “Letters from the
Federal Farmer #1” AntiFederalist publication
EU 1.C: The writing and ratification of the
Constitution resulted from weaknesses in
the Articles of Confederation and was the
product of important compromises.
The framers of the Articles of
Confederation wrote them in direct
contrast to the unitary government from
which they had just declared
independence. The resulting state-centered
confederation soon revealed key
weaknesses. In 1787, a convention was
called to address deficiencies of the
Articles, although James Madison, George
Washington, and Alexander Hamilton were
successful in convincing attendees to shift
focus by creating a federal system that
respected state power. The constitution
that emerged created a stronger national
government. However, the Anti-Federalists
successfully convinced Madison to propose
an enumerated Bill of Rights to be included
in the Constitution following final
LO 1.C.1: Explain the
relationship between
key provisions of the
Articles of
Confederation and the
debate over granting
greater power to the
federal government
formerly reserved to the
states.
EK 1.C.1.a: Specific incidents
and legal challenges that
highlighted key weaknesses of
the Articles of Confederation are
represented by the:
 Lack of centralized
military power to address
Shays’ Rebellion
 Lack of tax law
enforcement power
 Requirement of unanimity
of all states to amend the
Articles
Illustrative Example
(Optional):
 State constitutions during
post-colonial/Articles of
Confederation period
11
ratification. Conflicts revealed in the
ratification process have foreshadowed
continuing tensions to this day about the
proper locus of government power.
LO 1.C.2: Analyze causes
and effects of
constitutional
compromises in
addressing political,
economic, and regional
divisions.
EK 1.C.2.a: Compromises
deemed necessary for adoption
and ratification of the
Constitution are represented by
the:
 Great (Connecticut)
Compromise
 Electoral College
 Three-Fifths Compromise
 Compromise on the
importation of slaves
EK 1.C.2.b: The positive and
negative consequences of
constitutional compromise are
reflected in the:
 Ratification of the
Constitution
 Regional conflicts over
slavery and economic
development that led to
civil war and continuing
social/racial cleavages
LO 1.C.3: Explain how
the issues raised in the
ratification debate are
reflected in ongoing
philosophical
disagreements about
democracy and
governmental power.
EK 1.C.3.a: The tension between
the role of the central
government, the powers of
state governments, and the
rights of individuals reflects
ongoing philosophical
disagreements about democracy
and government power as
represented by:
 Changes in privacy rights
since the 9/11 attacks
 Debate about the role of
the federal government in
public school education
12
EU 1.D: Constitutional separation of
powers was designed to protect liberty by
dividing power and preventing both
majority and minority tyranny.
The English monarchy’s exercise of power
over the colonies without their political
representation was fresh on the minds of
the framers of the U.S. Constitution. The
document addressed these fears by
creating two different, though related,
systems that would prevent tyranny of the
majority or the minority. Separation of
powers limits abuse but only to an extent.
In creating three separate branches of
government, the framers fostered multiple
access points for citizens to interact with
government, while checks and balances
outlines a structure for addressing the
potential for government abuse of power,
as evidenced by the impeachment process.
LO 1.D.1: Evaluate the
relationship between
separation of powers
and checks and
balances.
EK 1.D.1.a: The powers
allocated to Congress, the
president, and the courts
demonstrate the separation of
powers and checks and balances
features of the U.S.
Constitution.
EK 1.D.1.b: Federalist 51
explains how constitutional
provisions of separation of
powers and checks and balances
control abuses by majorities.
EK 1.D.1.c: The separation of
powers and checks and balances
provide multiple access points
for stakeholders and institutions
to convert policy initiatives into
law.
EK 1.D.1.d: The impeachment
and removal of public officials
deemed to have abused their
power reflects the purpose of
checks and balances.
Illustrative Examples (Optional):
• National Federation of
Independent Business v.
Sebelius (2012)
• Religious Freedom
Restoration Act of 1993
• Impeachment proceedings
against presidents Andrew
Johnson, Richard Nixon, and
Bill Clinton
13
EU 1.E: The Constitution and its
amendments create a long, complex, and
competitive national policy making
process.
The constitutional delegates created a long,
complex, and competitive policy making
process in order to limit the abuse of
government power they had endured as
colonists, while also accommodating the
states that were hesitant to forfeit the
powers they enjoyed under the Articles of
Confederation. Governments at the
national and state levels continue to debate
who should utilize the power each has been
given to best serve the people, and the
legislative, executive, and judicial branches
continue to wrestle over the allocation of
power and their abilities to guide policy
making within the guidelines of this
constitutional blueprint of government.
LO 1.E.1: Assess how
the distribution of
powers among three
federal branches affects
policy making.
EK 1.E.1.a: The three branches
play different roles in the
creation, implementation,
and/or continuation of public
policies as represented by tax
policy and immigration policy.
14
EU 1.F: Federalism reflects the dynamic
distribution of power between national
and state governments.
The U.S. Constitution and the Bill of Rights
outline how power is distributed among the
national government, individuals, and the
states. Federalism has taken on different
characteristics throughout the history of
the U.S. republic. The scope of federal
power has evolved over time, and the U.S.
Supreme Court has served as a significant
agent in directing this balance of power,
sometimes upholding the power of the
states and sometimes placing further
limitations on them.
LO 1.F.1: Explain how
and why the
appropriate balance of
power between national
and state governments
has been interpreted
differently over time.
EK 1.F.1.a: The exclusive and
concurrent powers of the
national and state governments
help explain the conflict over
the balance of power between
the two levels.
Illustrative Examples
(Optional):
 National Recovery Act of
1933
 Devolution revolution of
1980s
EK 1.F.1.b: The balance of
power between the national and
state governments over time
has been interpreted by the U.S.
Supreme Court in such cases as:
 McCulloch v. Maryland
(1819)-- declared
Congress has implied
powers necessary to
implement its
enumerated powers, and
established supremacy of
the U.S. Constitution and
federal laws over state
laws
 U.S. v. Lopez-- Congress
may not use the
Commerce Clause to
make possession of a gun
in a school zone a federal
crime
EK 1.F.1.c: The proper
interpretation of the Tenth
Amendment, the Commerce
Clause, the Necessary and
Proper Clause, and other
enumerated and implied powers
is at the heart of the debate
over the balance of power
between the national and state
governments.
15
Illustrative Examples and
Suggested Reading (Optional):
 Daniel Elazar, “Opening the
Third Century of American
Federalism: Issues and
Prospects” Annals of the
American Academy of
Political and Social Science
(1990)
 New Deal legislation
 Defense of Marriage Act of
1996 and state marriage laws
 No Child Left Behind Act of
2001
 Violence Against Women Act
of 1994 and U.S. v. Morrison
(2000)
1.F.2: Analyze questions
over the allocation and
scope of central power
within a federal
structure.
EK 1.F.2.a: Conflict over the
scope of central power within a
federal structure is reflected in
public policy disputes about
social policy.
Illustrative Examples
(Optional):
• Federal response to
natural disasters such as
Hurricane Katrina and
Superstorm Sandy
• National Minimum
Drinking Age Act of 1984
• State-level legalization of
marijuana for personal use
as in Colorado and
Washington (2012)
16
Big Idea 2: Civil Liberties, Civil Rights
Essential Questions:


To what extent do the U.S. Constitution and its amendments protect against undue government
infringement on essential liberties and from invidious discrimination?
How have U.S. Supreme Court rulings defined civil liberties and civil rights?
Through the U.S. Constitution, but primarily through the Bill of Rights and the Fourteenth
Amendment, citizens and groups have attempted to restrict national and state governments from
unduly infringing upon individual rights essential to ordered liberty and from denying equal
protection under the law. Likewise, these same legal protections have been used to block reforms
and restrict the freedoms of others in the name of social order.
The Constitution, but especially the Bill of Rights and the Fourteenth Amendment, are used to assert the rights
of citizens and protect groups from discrimination. As such, the government must respect the dignity of the
person and assure equal treatment, with its power constrained in the process of protecting individual
freedoms. The Fourteenth Amendment includes two clauses used to affirm and protect civil rights and
liberties — the due process clause and the equal protection clause. The courts must balance the desire for
social order with the protection of individual rights and freedoms when considering due process and equal
protection challenges.
In a process known as “selective incorporation,” the Supreme Court has used judicial review to interpret the
due process clause to prevent states from unduly restricting individual rights. The Court has been called upon
to interpret protections for freedom of political expression and religious exercise, the right to bear arms, the
right of privacy, and the rights necessary to ensure that those accused of crimes receive a fair trial.
The equal protection clause provides that states may not deprive persons of equal protection under the law.
African Americans, Hispanics, women, LGBT (lesbian, gay, bisexual, transgender) people, and other groups
have used the clause to lead social movements on behalf of their concerns. The Supreme Court has rendered
several landmark decisions that expand civil rights, and Congress has passed legislation that expands equality.
At times Congress and the courts are asked to determine the legitimacy of equal protection claims by various
groups, as well as weigh the majority’s concerns that they will be harmed by the changes sought.
17
Enduring Understandings
(Core concepts that students should
retain)
EU 2.A: Provisions of the Bill of Rights are
continually being interpreted to balance
the power of government and the civil
liberties of individuals.
The Bill of Rights reflects a commitment to
civil liberties. There is a tension between
the desire for social order and personal
freedom. As a result, at times the Supreme
Court supports the extension of civil
liberties and at other times allows limits to
be placed on individual liberties.
Learning Objectives
(What students must
be able to do)
Essential Knowledge
(What students need to know)
LO 2.A.1: Explain the extent
to which the Supreme Court’s
interpretation of the First and
Second Amendments reflects
a commitment to individual
liberty.
EK 2.A.1.a: The interpretation
and application of the First
Amendment’s establishment
and free exercise clauses
reflect the tension between
majoritarian religious practice
and free exercise, as
represented by such cases as:
 Engel v. Vitale (1962)-school sponsorship of
religious activities
violates the
establishment clause
 Lemon v. Kurtzman
(1971)-- The
Establishment Clause
prohibits government
support for parochial
schools where there is
no secular purpose,
religion is advanced, or
excessive entanglement
between government
and religion occurs
 Wisconsin v. Yoder
(1972)--compelling
Amish students to attend
school past the 8th grade
violates the free exercise
clause
EK 2.A.1.b: The Supreme Court
has held that symbolic speech
is protected by the First
Amendment, demonstrated by
Tinker v. Des Moines
Independent Community School
District (1969), in which the
Court ruled that public school
students could wear black arm
bands in school to protest the
Vietnam War.
18
Illustrative Examples
(Optional):
 West Virginia Board of
Education v. Barnette
(1943)
 Morse v. Frederick (2007)
EK 2.A.1.c: In New York Times
Company v. United States
(1971) the Supreme Court
bolstered the freedom of the
press, establishing a "heavy
presumption against prior
restraint” even in cases
involving national security.
EK 2.A.1.d: The Supreme
Court’s interpretation of the
Second Amendment reflects a
constitutional commitment to
individual liberty.
Illustrative Example
(Optional):
 District of Columbia v.
Heller (2008)
LO 2.A.2: Explain to what
degree the Fourth, Fifth,
Sixth, and Eighth
Amendments provide
constitutional protection of
the rights of the accused.
EK 2.A.2.a: The Miranda rule
involves the interpretation and
application of accused persons’
due process rights as protected
by the Fifth and Sixth
Amendments.
EK 2.A.2.b: Pretrial rights of
defendants, particularly the
right to an attorney and the
prohibition of unreasonable
searches and seizures, are
intended to ensure that the
rights of the accused are not
eclipsed by the need for social
order.
19
EK 2.A.2.c: Court decisions
defining cruel and unusual
punishment involve
interpretation of the Eighth
Amendment and its application
to state death- penalty
statutes.
LO 2.A.3: Analyze the tension
between claims of individual
freedom and laws that
promote public order and
safety.
EK 2.A.3.a: Tensions between
social order and individual
freedom are reflected in
Interpretations of the First
Amendment that limit speech,
including:
 Time, place, and manner
regulations
 Defamatory, offensive,
and obscene statements
and gestures
 Schenck v. United States
(1919), which held that
speech creating a “clear
and present danger”, is
not protected by the
First Amendment.
EK 2.A.3.b: The debate about
the regulation of firearms
involves concerns about public
safety and whether or not the
Second Amendment promotes
or interferes with public safety.
20
EU 2.B: The due process clause of the
Fourteenth Amendment has been
interpreted through judicial review to
selectively protect or restrict individual
liberty.
The Supreme Court has interpreted the
Fourteenth Amendment to prevent states
from unduly infringing on individual
freedoms. Under the selective
incorporation doctrine, the Court has
extended the fundamental provisions in the
Bill of Rights to protect individuals from
actions by state governments, including the
right to political expression, freedom from
unreasonable searches and seizures, and
the right to an attorney in criminal
prosecutions. Selective incorporation thus
prevents states from encroaching on
fundamental rights, and as a result it limits
the power of state governments in the U.S.
federal system.
LO 2.B.1: Explain the extent
to which states are limited by
the due process clause from
infringing upon individual
rights.
EK 2.B.1.a: The due process
clause has been applied to
guarantee the right to an
attorney and protection from
unreasonable and searches and
seizures, as represented by:
 Gideon v. Wainwright
(1963), which
guaranteed the right to
an attorney for the poor
or indigent
 Mapp v. Ohio (1961),
which applied the
exclusionary rule to
states in cases of
unreasonable searches
and seizures.
[NOTE: The privacy cases in
EK 2.B.1.b are widely
considered required content
in college courses, and while
students are expected to
understand that these cases
represent instances in which
the Supreme Court applied
the due process clause,
students are not expected or
required either to agree or
disagree with these decisions.
Teachers should encourage a
thoughtful discussion of the
potential merits and
deficiencies of such decisions
as they relate to states’ rights
and the due process clause,
and the legal reasoning
associated with them.]
EK 2.B.1.b: The Court has
applied the due process clause
to protect or restrict the right
of privacy from state
infringement as represented
by:
• Griswold v. Connecticut
(1965)-- articulated a
right that protects
married couples in their
access to and use of
contraceptives
• Roe v. Wade (1973)-extended the right of
privacy to a woman’s
decision to have an
abortion while
recognizing compelling
state interests in
potential life and
maternal health.
21
Illustrative Examples
(Optional):
 Pierce v. Society of Sisters
(1925)
 Hyde Amendment of 1976
barred the use of certain
federal funds to pay for
abortions outside of incest,
rape, or endangerment to
the life of the pregnant
woman
 Board of Education of
Independent School District
No 92 of Pottawatomie v.
Earls (2002)
LO 2.B.2 Assess the
implications of the doctrine of
selective incorporation for the
balance of power in the
federal system.
EK 2.B.2.a: The selective
incorporation of rights has not
always led to limits on states’
power, as represented by:
 Gitlow v. New York
(1925), which held that
while the First
Amendment applies to
the states via the 14th
Amendment, the states
may prohibit speech
having a tendency to
cause danger to public
safety.
EK 2.B.2.b: The doctrine of
selective incorporation
imposes some limitations on
state regulation of civil rights
and liberties as represented
by:
 McDonald v. Chicago
(2010), that ruled the 2nd
Amendment’s right to
keep and bear arms for
self-defense in one’s
home is applicable to the
states through the 14th
Amendment.
22
Illustrative Example
(Optional):
 Bans on polygamy and
use of peyote in religious
ceremonies
EU 2.C: Since its enactment, the
Fourteenth Amendment has often been
cited to support the advancement of
equality.
Social movements led by African
Americans, Hispanics, women, LGBT
persons, and other minority groups have
advanced civil rights using the Fourteenth
Amendment to influence legislation and
Supreme Court decisions. At other times,
such civil rights remedies have led to
assertions of reverse discrimination by
other sectors of American society.
LO 2.C.1: Explain how
constitutional provisions have
supported and motivated
social movements and policy
responses.
EK 2.C.1.a: The application and
interpretation of the following
Supreme Court rulings and
legislative policies explain how
constitutional provisions can
motivate policy responses as
represented by:
 The Civil Rights Act of
1964
 Title IX of the Civil Rights
Act Amendments (1972)
 The Voting Rights Act of
1965
 Brown v. Board of
Education I (1954)-- racebased school segregation
violates the Fourteenth
Amendment’s equal
protection clause
 Brown v. Board of
Education II (1955)-school districts and
federal district courts
must implement the
Court’s decision in
Brown v. Board of
Education I (1954) “with
all deliberate speed”
EK 2.C.1.b: The leadership and
events associated with civil,
women’s, and LGBT rights are
evidence of how the equal
protection clause can motivate
social movements, as
represented by:
 “Letter from a
Birmingham jail” and the
civil rights movement of
the 1960s
23
 National Organization for
Women and the
women’s rights
movement
 Pro-life (Anti-abortion)
movement
Illustrative Examples
(Optional):
 Equal treatment in public
accommodations (Title II),
Equal Employment
Opportunities (Title VII),
and opportunities for
women to participate in
athletics (Title IX)
 Reed v. Reed (1971)
 Hatch Amendment
(proposed 1981)
LO 2.C.2: Compare how the
Court has at times allowed
the restriction of the rights of
minority groups and at other
times has protected those
rights.
EK 2.C.2.a: Decisions affecting
the rights of minority groups
demonstrates that minority
rights have been restricted at
times and protected at other
times, as represented by:
 Plessy v. Ferguson
(1896)--upheld "separate
but equal" racial
segregation by the states
 Brown v. Board of
Education I (1954)--racebased school segregation
violates the Fourteenth
Amendment’s equal
protection clause
 Brown v. Board of
Education II (1955) -school districts and
federal district courts
must implement the
Court’s decision in
Brown v. Board of
Education I (1954) “with
all deliberate speed.”
24
EK 2.C.2.b: The Supreme Court
has applied and interpreted
decisions that protect the
rights of the majority,
particularly those that limit
inter-district school busing and
those that prohibit majority–
minority districting.
EK 2.C.2.c: The debate on
affirmative action shows how
the Court has protected and
limited minority rights.
Illustrative Examples
(Optional):
 Milliken v. Bradley (1974)
 Parents Involved in
Community Schools v. Seattle
School District No. 1 (2007)
 Regents of the University of
California v. Bakke (1978)
 Gratz v. Bollinger (2003)
25
Big Idea 3: American Political Beliefs
Essential Questions:


How are American political beliefs formed and how do they evolve over time?
How do political ideology and core values influence government policy making?
American political beliefs are shaped by founding ideals, core values, technology, linkage
institutions (e.g., elections, political parties, interest groups, and the media), and the changing
demographics of citizens. These beliefs about government, politics, and the individual’s role in the
political system influence the creation of public policies.
American political culture is comprised of citizens’ beliefs about government, including their perceptions,
relationships, and interactions relative to one another and to their government. Core beliefs about
government center around different interpretations and applications of political values, such as individualism
(the focus on individual rights and responsibilities), the rule of law (the notion that the law is supreme over all
persons), limited government (the idea that the government’s power is enumerated and constrained by
constitutional rules), and equality of opportunity.
Citizens learn of and develop attitudes about government through political socialization. Several factors
contribute to political socialization including family, schools, peers, and social environments. How much
influence these factors have on a person’s political beliefs relates in turn to lifecycle effects, dispositions that
change with age or membership in a group experiencing the same events at the same time, and generational
effects, which involve exposure across ages and groups to the same political information. Both lifecycle and
generational effects are fueled by past and present political events.
American political culture, through expressed citizen opinions, influences governmental institutions in the
formation, implementation, and evaluation of public policy. For example, how people view the principles of
freedom and individualism shape opinions about domestic and economic policy, including the appropriate
range and types of such policies. The tension behind citizen beliefs about the appropriate role of government
is revealed through policy debates and legislation. For some, government should be more involved in
maintaining public order and ensuring economic opportunity, while for others government regulation is
viewed as a violation of individual freedoms.
Major public policy programs are rooted in ideological trends that span decades. For example, ideology
impacts the nature and extent to which the federal government shares powers with state governments and
how it regulates the marketplace over time, as evidenced by debates about monetary and fiscal policies.
Globalization has had an impact on U.S. political beliefs and public policy. How the government determines the
nature and direction of social policy, such as that involving immigration, is also impacted by ideological
pressure from the right and left, and foreign policy is influenced by citizens’ beliefs about the U.S.
government’s role on the world stage.
26
Enduring Understandings
(Core concepts that students should
retain)
EU 3.A: Citizens’ beliefs about government
are shaped by the intersection of
demographics, political culture, and
dynamic social change.
A variety of components impact people’s
beliefs about government. In the U.S., a
core set of political beliefs impacts the
relationships among individuals and groups
and between people and the government.
There are numerous factors that impact an
individual’s political socialization and core
beliefs. Traditionally, a few of these factors,
such as family, schools, and peers, have a
greater impact on the political socialization
process as compared to other factors, such
as political events. Globalization, exposure
to different cultures, and immigration have
both positive and negative results as
related to the formation and application of
the American ideals of opportunity,
freedom, the rule of law, and the role of
government.
Learning Objectives
(What students must
be able to do)
LO 3.A.1: Explain the
core American beliefs,
values, and norms that
define the relationship
between citizens and
government and
citizens with each
other.
Essential Knowledge
(What students need to know)
EK 3.A.1.a: Different
interpretations of political values,
including individualism, equality
of opportunity, free enterprise,
rule of law, and limited
government define the
relationship between citizens and
the federal government and
citizens with each other.
Suggested Readings
(Optional):
 Alexis de Tocqueville’s
Democracy in America,
Chapters 2 and 3: “The
Origin of the AngloAmericans” and “Social
Condition of the AngloAmericans” (1835)
 Suzanne Mettler’s
“Confronting the
Submerged State” in The
Submerged State (2011)
 George Will’s Statecraft
as Soulcraft: What
Government Does (1983)
27
LO 3.A.2: Evaluate the
influence of various
factors in political
attitudes and
socialization.
EK 3.A.2.a: The relationship of
family, schools, peers, media and
social environments to
developing individual political
attitudes and values is important
to the process of political
socialization.
Suggested Reading
(Optional):
Cathy Cohen’s Democracy
Remixed: Black Youth and
the Future of American
Politics (2010)
EK 3.A.2.b: The relative
importance of major political
events to the development of
individual political attitudes is an
example of political socialization.
EK 3.A.2.c: Identifying individual
political attitudes includes
analysis and comparison of
generational and lifecycle effects
on political socialization.
Suggested Readings (Optional):
 Robert Putnam’s, “Bowling
Alone: America’s Declining
Social Capital” from Journal
of Democracy (1995)
LO 3.A.3: Analyze the
relationship between
21st century
globalization and
American political,
social and cultural
values
EK 3.A.3.a: As a result of
globalization, American political,
social and cultural values have
spread, with both positive and
negative results.
EK 3.A.3.b: American political
culture has been influenced by
increasing globalization and
immigration, with both positive
and negative results.
28
Suggested Readings
(Optional):
 Thomas Friedman’s The
World Is Flat (2005)
 Matt Barreto and Gary
Segura’s Latino America:
How America’s Most
Dynamic Population is
Poised to Transform the
Politics of the Nation (2014)
29
EU 3.B: Widely held political values shape
the policy choices available in American
politics.
The American political culture impacts the
manner in which public policy is created.
This public policy development process is
impacted by the ongoing tension that exists
between various competing political values,
such as freedom versus security and
economic stability. This conflict also
impacts the manner in which public policy
goals are defined and how the actual policy
is implemented; implementation can take
place through legislation or executive
actions which seek to encourage certain
behaviors from people, the marketplace,
and government agencies/programs.
LO 3.B.1: Analyze how
political culture
influences the
formation, goals, and
implementation of
public policy.
EK 3.B.1.a: The relationship
between principles of freedom
and individualism and the range
of economic and domestic
policies illustrates how political
culture influences public policy
formation.
EK 3.B.1.b: The tension between
individual liberty and government
efforts to ensure economic
stability and public order is
reflected in debates over public
policy, such as Medicaid and
electronic surveillance by the
federal government.
EK 3.B.1.c: Legislation and policy
debates regarding the
encouragement of certain
behaviors among citizens and
businesses reflect a tension
between the belief in and
preference for individual liberty
and a preference in using the
government to ensure fairness
and public safety.
Illustrative Examples
(Optional):
 Personal Responsibility and
Work Opportunity Act of
1996
 DREAM Act and debate over
making English the official
national language
 Multiculturalism versus
assimilation
30
EU 3.C: The range of political ideologies
held by citizens frames and constrains
public policy debates.
In the U.S., a range of political ideologies
impact the development and direction of
debates surrounding the course of public
policy. These debates center on key
theories about the role of government in
social, economic, and foreign/domestic
venues, and the result is a compromise of
policy proposals representing dominant
ideologies. Included in these debates are
issues pertaining to the government’s role
in marketplace and economic decisions,
sources of social inequality, and foreign
affairs.
LO 3.C.1: Compare how
political ideologies vary
on the role of
government in
regulating the
marketplace.
EK 3.C.1.a: Ideological
differences on marketplace
regulation are based on different
theoretical supports, such as
Keynesian and supply-side
perspectives on monetary and
fiscal policies.
EK 3.C.1.b: Liberal ideological
support for governmental
regulation of the market,
conservative support for less
regulation, and libertarian
preference for little or no
regulation demonstrate how
ideologies vary on the role of
government in regulating the
marketplace.
Illustrative Example (Optional):
 Ideological positions on the
inheritance tax
 Ideological positions on the
Minimum wage
LO 3.C.2: Compare how
political ideologies vary
with regard to the role
of government in
addressing social
issues.
EK 3.C.2.a: Conservative, liberal,
communitarian, and libertarian
political ideologies have differing
views on the role of government
in addressing social issues.
EK 3.C.2.b: Policy trends
supporting the level of
government involvement in
social issues reflect the success of
conservative or liberal ideology.
Illustrative Examples (Optional):
 Planned Parenthood v Casey
(1992)
 Ideological positions on school
vouchers (Zelman v. SimmonsHarris (2002))
 Differing state requirements for
marriage
31
Big Idea 4: Citizen Participation
Essential Questions:



How have changes in technology influenced political communication and behavior?
Why do levels of participation and influence in politics vary?
How effective are the various methods of political participation in shaping public policies?
Governing is achieved directly through citizen participation and indirectly through institutions (e.g.,
political parties, interest groups, and mass media) that inform, organize, and mobilize support to
influence government and politics, resulting in many venues for citizen influence on policy making.
The principle of self-government is dependent on both citizen participation and the operation of the various
linkage institutions that help citizens connect with the government. These institutions help people become a
part of the policy making process.
Playing an important role in this process, the media report public opinion data, and can sometimes influence
the formation of that opinion as well. The accuracy of public opinion data is dependent upon the scientific
polling methods that are used, and the results of these opinion polls are often used as a means of political
influence. The role the media play in this process is at times criticized for the bias in format, context, and
content of information as well as the manner in which that bias impacts public understanding of political
information. Social media pose both opportunities and challenges for democratic participation.
Social movements, political parties, and interest groups also serve to connect the electorate with the
government by influencing the manner in which people relate to and participate in its composition, functions,
and policy making agenda. Various social movements develop in response to conditions that negatively impact
specific groups of people; their political strategies are aimed at changing public policy in a way that benefits
the adversely impacted group. Political parties run campaigns in an attempt to win office and make policy
consistent with their platform and goals. Over time political parties respond to election results, campaign laws,
and changes in the way information is disseminated to the public. Even though political parties are designed to
connect the people with government, there are various barriers that interfere with this connection, even to
the extent of preventing candidates who represent interests outside the two major parties from being elected.
Finally, interest groups exist as a form of political participation for people with particular policy concerns.
While these groups exist for different causes, they are sometimes criticized for wielding a disproportionate
impact on the policy making process based on their organized pressure tactics and allocation of money for
campaigns and lobbying.
Like political parties and interest groups, elections connect citizens with government. The number of eligible
voters has expanded over time based on various constitutional provisions and legislation. The Fifteenth,
Nineteenth, Twenty-fourth and Twenty-sixth Amendments, each a response to a specific social/political
concern, serve to eliminate political discrimination against people due to a citizen’s race, sex, age, and ability
to pay a poll tax. Voter turnout is impacted by the various provisions that states implement regarding voter
requirements and qualifications that involve issues not addressed in those amendments. Voter turnout varies
widely from election to election, and political candidates have taken advantage of technology and campaign
32
finance laws to communicate their platforms more effectively to the voting public. The data regarding voter
turnout in the United States provides a foundation for interesting analysis when compared to voter turnout in
other democracies, and political scientists periodically study why voter turnout in the U.S. falls below that in
other similar republics.
Enduring Understandings
(Core concepts that students should
retain)
EU 4.A: Public opinion is measured
through scientific polling, and the results
of public opinion polls influence
government.
The media reports public opinion data,
which in turn influences elections and
policy debates. However, the reliability and
veracity of survey data is dependent upon
the scientific polling methods applied.
Public opinion can impact the development
of public policy.
Learning Objectives
(What students must
be able to do)
LO 4.A.1: Evaluate the
impact that public
opinion and scientific
polling have on
elections and policy
debates.
Essential Knowledge
(What students need to know)
EK 4.A.1.a: How public opinion
impacts elections and policy
debates is affected by the
scientific polling methods used
for measuring public opinion, as
represented by:
 Sampling error and the
type of poll
 Type and format of
questions
 Identification of
respondents
EK 4.A.1.b: The use of polling
results for understanding levels
of trust and confidence in
government impacts elections
and policy debates.
EK 4.A.1.c: The relationship
between scientific polling and
elections and policy debates is
affected by such factors as the:
 Importance of public
opinion as a source of
political influence
 Role of public opinion in
public policy debates
Illustrative Examples
(Optional):
 Carter–Reagan election
of 1980
 Obama–Romney election
of 2012
33
EU 4.B: The various forms of media
provide citizens with political information
and influence the ways in which they
participate politically.
LO 4.B.1: Explain the
media’s role in providing
citizens with political
information.
Modern technological advances in mass
and social media have impacted the
manner in which citizens receive political
information. These advances have also
contributed to an increase in the number
and diversity of media and political
communications outlets. Concerns have
been raised about the impact of media bias
in the policy making process.
EK 4.B.1.a: News reporting,
investigative journalism,
election coverage, and political
commentary all characterize the
role of the mass media in
providing citizens with political
information.
EK 4.B.1.b: The debate over
media bias and the impact of
bias as related to media
ownership, editors, and
journalists, reflects the media’s
significant role in providing
citizens with political
information.
Suggested Readings
(Optional):
 FiveThirtyEight.com blog by
Nate Silver
 “Understanding the
participatory News
Consumer,” A Pew Trust
Report (March 1, 2010):
http://www.pewinternet.or
g/2010/03/01/understandi
ng-the-participatory-newsconsumer/
LO 4.B.2: Analyze the
development,
implications, and
consequences of
increasingly diverse
numbers of media and
political communication
outlets.
EK 4.B.2.a: New communication
technologies have led to a wider
and more ideologically diverse
range of media outlets.
EK 4.B.2.b: The nature of
democratic debate and the level
of political knowledge among
citizens is impacted by:
 Increased media choices
 Ideologically-oriented
programming
 Consumer-driven media
outlets
 Uncertainty over the
credibility of news
sources and information
34
Suggested Reading (Optional):
 Malcolm Gladwell’s “Small
Change: Why the revolution
will not be tweeted,” Oct 4,
2010,
http://www.newyorker.co
m/reporting/2010/10/04/1
01004fa_fact_gladwell?curr
entPage=all
EU 4.C: Political parties, interest groups,
and social movements provide
opportunities for participation and
influence how people relate to
government.
People rely on various ways to participate
in government with the goal of impacting
the development of public policy. Political
parties serve important functions for the
government and the electorate. They
conduct campaigns and run candidates for
office in hopes of influencing government
policies. Interest groups impact the policy
development process and provide people a
link to that process; such groups have been
both criticized and credited for their impact
on American politics, specifically in the area
of election influence and policy
development. Social movements have
emerged in American political culture as a
vehicle through which people can impact
public policies by raising awareness of
various issues, often involving
discrimination against a particular group.
LO 4.C.1: Explain the
functions and impact of
political parties with
regard to the electorate
and the government.
EK 4.C.1.a: The functions and
impact of political parties on the
electorate and government are
represented by:
 Mobilization and
education of voters
 Party platforms
 Candidate recruitment
 Campaign management
including fundraising and
media strategy
Illustrative Example
(Optional):
 2012 Democratic and
Republican party platforms
LO 4.C.2: Analyze why
political parties change
and adapt to political
realities.
EK 4.C.1.b: The committee and
party leadership systems in
legislatures influence the ability
of political parties to carry out
citizen preferences in
government decision making.
EK 4.C.2.a: Parties have adapted
to candidate-centered
campaigns, and their role in
nominating candidates has been
weakened.
EK 4.C.2.b: The structure of
parties has been influenced by:
 Regional realignments
 Campaign finance law
 Changes in technology
EK 4.C.2.c: Parties use
technology to communicate,
disseminate, control, and clarify
political messages.
35
Illustrative Examples
(Optional):
 Mitt Romney’s ORCA and
Barack Obama’s Project
Narwhal in the 2012
campaign
LO 4.C.3: Explain
structural barriers to
third party and
independent candidate
success.
EK 4.C.3.a: In comparison to
proportional systems, winnertake-all voting districts serve as
a structural barrier to third party
and independent candidate
success.
EK 4.C.3.b: The incorporation of
third-party agendas into
platforms of major political
parties serves as a barrier to
third party and independent
candidate success.
LO 4.C.4: Analyze the
benefits and potential
problems of interest
group influence on
elections and policy
making.
EK 4.C.4.a: Interest groups
mobilize participation, represent
very specific or more general
interests, and educate voters
and office holders.
EK 4.C.4.b: Interest group
influence may be impacted by:
 Inequality of resources
 Unequal access to
decision makers
 “Free rider” problem
EK 4.C.4.c: PACs influence
elections and policy making
through fundraising and
spending.
Suggested Readings
(Optional):
 Mancur Olson’s The Logic
of Collective Action: Public
Goods and the Theory of
Groups (1965)
 E.E. Schattschneider’s The
Semisovereign People: A
Realist's View of
Democracy in America
(1960)
36
LO 4.C.5: Analyze the
reasons for and impact
of social movements
and protest politics.
EK 4.C.5.a: Single-issue groups,
ideological/social movements,
and protest movements form
with the goal of impacting
society and policy making.
Illustrative Examples
(Optional):
 EMILY’s List supporting
pro-choice candidates
 Club for Growth
supporting limits on
taxation
LO 4.C.6: Assess the
impact of elections,
public opinion, interest
groups, and political
parties on policy
outcomes.
EK 4.C.6.a: Competing actors
and groups influence key stages
of policy making in varying
degrees.
EK 4.C.6.b: Elections and
political parties are related to
major policy shifts or initiatives.
EK 4.C.6.c: Interest groups
impact policy by:
 Lobbying
 Drafting legislation
 Mobilizing membership
and assisting campaigns
EK 4.C.6.d: In addition to
working within party coalitions,
interest groups exert influence
through long-term relationships
with bureaucratic agencies,
congressional committees, and
other interest groups; such
relationships are described
as “iron triangles” and issue
networks, and they help interest
groups exert influence across
political party coalitions.
Illustrative Examples
(Optional):
 Tobacco subsidies
 Bush-era tax cuts
37
EU 4.D: While laws and amendments have
expanded voting rights in the U.S., voting
participation varies widely from election
to election.
There are a number of constitutional
amendments expanding the voting rights of
citizens. The franchise has been expanded
to include racial minorities, women, and 18year-olds, and poll taxes have been
eliminated. States may implement a variety
of requirements that impact voter turnout
by placing restrictions on voter
qualifications. A number of components
impact voter participation, and voting
patterns can be understood through several
voting behavior models.
LO 4.D.1: Summarize
the voting rights
protections in the
Constitution and in
legislation.
EK 4.D.1.a. Legal protections
found in federal legislation and
the 15th, 19th, 24th, and 26th
Amendments relate to the
expansion of opportunities for
political participation.
LO 4.D.2: Analyze the
roles that individual
choice and state laws
play in voter turnout in
elections.
EK 4.D.2.a: There is a debate
about how different voting and
registration requirements
among the states influence
voter turnout through:
 Voter ID qualifications
 Early voting
 Ballot length and format.
EK 4.D.2.b: Demographic
characteristics and political
efficacy are used to predict the
likelihood of whether an
individual will vote.
LO 4.D.3: Analyze U.S.
voter turnout and
compare it with that in
other democracies.
EK 4.D.3.a: Factors including
structural barriers, political
efficacy, and demographics
predict differences in voter
turnout in U.S. and other
democracies.
Suggested Readings
(Optional):
 Rob Paral’s “Stepping Up:
The Impact of the Newest
Immigrant, Asian and Latino
Voters.” Immigration Policy
Center (2013)
 “The Diversifying
Electorate—Voting Rates by
Race and Hispanic Origin in
2012 (and Other Recent
Elections).” U.S. Census
Bureau. Issued May 2013
38
LO 4.D.4: Explain the
factors that influence
voter choices.
EK 4.D.4.a. Factors influencing
voter choice include:
 Party identification and
ideological orientation
 Candidate characteristics
 Contemporary political
issues.
Suggested Reading (Optional):
● David RePass’ “Issue
Salience and Party Choice”
American Political Science
Review (1971)
LO 4.D.5: Compare
different models of
voting behavior.
EK 4.D.5.a. Examples of political
models explaining voting
behavior include:
 Rational choice–Vote
choices based on what is
perceived to be in the
citizen’s individual
interest
 Retrospective voting–
Voting to decide whether
the party or candidate in
power should be reelected based on the
recent past
 Prospective voting–Voting
based on predictions of
how a party or candidate
will perform in the future
 Party-line voting–
Supporting a party by
voting for candidates
from one political party
for all public offices at the
same level of
government.
39
EU 4.E: Federal policies on campaigning
and the various forms of contemporary
elections have benefits and drawbacks.
Federal policies on campaigning and the
various forms of contemporary elections
are debated as to whether they help or
hinder democratic participation. These
contemporary election processes, including
different types of primaries, combine with
national conventions to establish the
federal election process. Various changes in
the structure and functions of campaigns
have resulted in candidate-centered
campaigns, which are impacted by the role
of money. The role of money in elections
raises important questions about the
tension between the democratic principles
of equality under the law and liberty. The
current electoral system invites
conversation about whether certain
elements facilitate or impede democracy.
LO 4.E.1: Explain the
impact of the different
parts of the U.S. federal
election process.
EK 4.E.1.a. The process and
outcomes in U.S. federal
elections are impacted by such
process components as:
 Open and closed
primaries
 Caucuses
 Party conventions
 General elections
LO 4.E.2: Explain
changes in the structure
and function of election
campaigns since 1972.
EK 4.E.2.a. The use of
professional campaign
consultants and new campaign
technologies illustrate changes
in the structure and function of
election campaigns.
Illustrative Example and
Suggested Reading (Optional):
• Canvassing and phone
banking
• Sasha Issenberg’s Victory
Lab: the Secret Science of
Winning Campaigns (2012)
LO 4.E.3: Evaluate the
benefits and drawbacks
of candidate-centered
campaigns in the 21st
century.
EK 4.E.3.a. The benefits and
drawbacks of modern
campaigns are represented by:
 Dependence on
professional consultants
 Rising campaign costs and
intensive fundraising
efforts
 Duration of election
cycles
 Impact of and reliance on
social media for campaign
communication and
fundraising
LO 4.E.4: Analyze the
relative importance of
money and democratic
principles in elections.
EK 4.E.4.a: Federal legislation
and case law pertaining to
campaign finance demonstrate
the relative importance of
money and democratic
principles in elections, as set
forth in:
40
 Buckley v. Valeo (1976) -campaign spending is a
form of protected speech
under the First
Amendment, but upheld
restrictions on political
campaign contributions
by individuals
 Bipartisan Campaign
Reform Act (2002) —
effort to ban soft money
and reduce attack ads
with “Stand by Your Ad”
provision, “I’m
<candidate’s name> and I
approve this message”
 Citizens United v. Federal
Election Commission (FEC)
(2010)-- political spending
by corporations and labor
unions is a form of
protected speech under
the First Amendment.
EK 4.E.4.b. Debates over the
role of money in campaigns
reveal the continuing tension
between money and its sources
versus democratic principles of
competitive and fair elections.
LO 4.E.5: Analyze
whether the Electoral
College facilitates or
impedes democracy.
EK 4.E.5.a: The Electoral
College’s state-by-state, winnertake-all allocation of candidate
votes versus the majority
outcome of a national popular
vote continues to spark debate
over whether the Electoral
College facilitates or impedes
democracy.
Illustrative Example (Optional):
 2000 presidential election
41
Idea 5: Interaction among Branches
Essential Questions:

How do the branches of the national government compete and cooperate
in order to govern?

To what extent has the power of each branch changed over time?
Because power is widely distributed and checks prevent one branch from usurping powers from
the others, institutional actors are in the position where they must both compete and cooperate in
order to govern.
The three key institutions of the federal government are Congress, the presidency, and the courts. The
bureaucracy, which implements policy, is seen by some as an extension of the executive branch and by others
as, in effect, a fourth branch of government because of the discretion it can exercise in carrying out policy
directives. The Constitution grants specific powers to Congress, the president, and the courts, and in addition,
each branch exercises informal powers. Because checks and balances are designed to prevent one branch from
becoming too powerful, Congress and the president, for example, will sometimes cooperate and sometimes
compete in governance.
The powers of Congress are set forth in Article I of the Constitution. Congress is bicameral, with the Senate
representing states and the House of Representatives reflecting each state’s population. Congress passes laws
that cover a wide range of policy areas, and each chamber has different responsibilities and rules. The federal
budget is a good example of how the president and Congress must cooperate and compromise. While
Congress is empowered to develop and pass a budget, in the modern era the President typically proposes one,
which may lead to ideological debate. There are several reasons it is difficult for Congress to pass legislation,
including ideological differences. Much of the work of Congress is done in committees, and Congressional
committees also exercise oversight to ensure that the bureaucracy is carrying out policies as intended.
The expressed powers of the president are set forth in Article II of the Constitution. The president has a
significant degree of informal power, which has grown over time. Under the Constitution, Congress checks the
power of the president, and this leads to tension between the two branches over both foreign and domestic
affairs. The president and Congress have several interrelated powers. For example, while Congress passes
legislation, the president must sign it into law. The president appoints judges and members of the cabinet,
who must be confirmed by the Senate. The president also oversees most of the bureaucracy. Technology has
impacted the president’s use of the “bully pulpit” to influence public opinion. In addition to reaching out to the
public through televised press conferences and the State of the Union message, the president is increasingly
making use of the social media to communicate views to a vast audience.
The Supreme Court, established in Article III, is designed to be an independent branch of government. The
Court’s most far-reaching power, judicial review, was justified in Marbury v. Madison (1803), where the Court
declared that it had the constitutional authority to overturn acts of Congress, state laws, or executive action
deemed to be unconstitutional. Thus, judicial review serves as an important check on other branches of
42
government. Appointed for life, justices are somewhat insulated from public opinion. It is not surprising that
over the years the Court has handed down decisions that have been unpopular and controversial. Congress
and the president may influence the Court through the appointment process, by refusing to implement a Court
decision, or by passing legislation that changes the Court’s jurisdiction.
Staffed using a merit-based civil service system for all but top-level political appointees, the federal
bureaucracy carries out laws to regulate a wide range of individual and commercial activities. Bureaucrats
implement policy using their discretionary and rule-making authority. Both Congress and the president can
hold the bureaucracy accountable in policy implementation, and the two branches will sometimes be in
conflict over whether or not administrative agencies are carrying out the letter and spirit of the law.
Enduring Understandings
(Core concepts that students should
retain)
EU 5.A: The republican ideal in the United
States is manifested in the structure and
operation of the legislative branch.
Article I of the Constitution grants Congress
expressed powers. Congress is bicameral;
the Senate represents the states, and the
House of Representatives reflects the
population. The constitutional
responsibilities and rules of each chamber
differ. Congress passes legislation that
covers diverse areas of public policy,
including the budget. Ideological
differences within Congress can hinder its
effectiveness in enacting policies. Most of
the work of Congress is done in
committees. Committees exercise oversight
to ensure that the bureaucracy is
implementing legislation as Congress
intended.
Learning Objectives
(What students must
be able to do)
LO 5.A.1: Explain the
powers and functions of
Congress.
Essential Knowledge
(What students need to know)
EK 5.A.1.a: The enumerated and
implied powers in Article I,
Section 8 and Congressional
lawmaking in Article 1, Section 7
lead to public policy creation in
the federal government.
Illustrative Example
(Optional):
 Omnibus Budget
Reconciliation Act of
1985
LO 5.A.2: Compare the
Senate and House of
Representatives in
terms of how
constituencies,
lawmaking authority,
and chamber rules/roles
affect the policy making
process.
EK 5.A.2.a: The Senate is
designed to represent states
equally, while the House is
designed to reflect the
population.
EK 5.A.2.b: Different chamber
sizes and constituencies influence
formality of debate.
EK 5.A.2.c: Coalitions in Congress
are affected by term-length
differences.
EK 5.A.2.d: Different
constitutional responsibilities of
the House and Senate affect the
policy making process.
EK 5.A.2.e: Chamber-specific
43
procedures, rules, and roles that
impact the policy making process
include:
 Number of chamber and
debate rules that set the
bar high for building
majority support
 Roles of Speaker of the
House, party leadership,
and committee leadership
in both chambers
 Filibuster and cloture
 Holds and unanimous
consent in the Senate
 Role of Rules Committee,
Committee of the Whole,
and discharge petitions in
the House
 Treaty ratification and
confirmation role of the
U.S. Senate
Illustrative Examples
(Optional):
• Whips
• Calendar assignment
• Rider amendments
LO 5.A.3: Assess the
degree to which political
differences in Congress
undermine or advance
democratic
effectiveness.
EK 5.A.2.f: Earmarks, pork barrel
legislation, and logrolling affect
lawmaking in both chambers.
EK 5.A.3.a: Challenges to
democratic governing are
represented by:
 Ideological divisions within
Congress can hinder or
create the need for
negotiation and
compromise
 Gerrymandering of
districts
 Differing role conceptions
of “trustee,” “delegate,”
and “politico” as related to
constituent accountability
in each chamber
44
Suggested Readings
(Optional):
 David Mayhew’s “Is
Congress ‘the Broken
Branch?’” (2009)
 Barbara Sinclair’s From Sam
Rayburn to Newt Gingrich:
The Development of the
Partisan Congress (2011)
LO 5.A.4: Analyze how
the oversight process is
used by congressional
committees to ensure
that executive agencies
implement legislation as
Congress intended.
EK 5.A.4.a: Oversight and
methods used by Congress to
ensure that legislation is
implemented as intended are
represented by:
 committee hearings
 power of the purse
EK 5.A.4.b: Oversight checks
against executive authorization
and appropriation processes as a
means to curtail the use of
presidential power.
Illustrative Examples
(Optional):
 Oversight of intelligence
agencies following the 9/11
terrorist attacks
 Joint committees
 Budget and Impoundment
Control Act (1974)
EU 5.B: The presidency has been enhanced
beyond its expressed constitutional
powers.
Article II of the Constitution grants the
president expressed powers, but there are
also informal powers of the office. The
system of checks and balances creates
tension between the president and
Congress, as represented by presidential
appointment and Congressional
confirmation of cabinet heads and federal
judges. Over time, the president’s role has
changed and expanded along with the
LO 5.B.1: Explain the
powers and functions of
the president.
EK 5.B.1.a: Formal and informal
powers of the president are
represented by:
 Veto and pocket veto—
Formal power that enables
the president to check
Congress by denying
passage of acts passed by
Congress
 Treaties and executive
agreements—Formal
powers to influence
relations with foreign
nations
45
federal bureaucracy, as the president
influences the way in which it carries out
policy. Technology continues to change the
immediacy and image of the president as
related to the public.
LO 5.B.2: Analyze how
the president’s agenda
can create tension and
frequent confrontations
with Congress.
 Bargaining and
persuasion—Informal
power that enables the
president to secure
congressional action
 Executive orders—Formal
power found in the
president’s chief executive
role that allows the
president to regulate
Executive Branch actions
 Signing statements—
Informal power that
informs Congress and the
public of the president’s
interpretation of laws
passed by Congress and
signed by the president
EK 5.B.2.a: The potential for
conflict with the Senate depends
upon the type of executive
branch appointments, including:
 Cabinet members
 Ambassadors
 White House staff
EK 5.B.2.b: Senate confirmation
is an important check on
appointment powers, but the
president’s longest lasting
influence lies in judicial lifetenured appointments.
EK 5.B.2.c: Policy initiatives
promoted by the president often
lead to conflict with the
Congressional agenda.
Illustrative Examples
(Optional):
 Conflicts in Vietnam, Iraq,
Kosovo, Libya, Syria
 No Child Left Behind Act
(2001)
 Appointments of Sandra Day
O’Connor and Thurgood
Marshall
 Failed appointments —
Robert Bork, John Tower,
and Abe Fortas
46
LO 5.B.3: Analyze the
changing presidential
role based on
constitutional and extra
constitutional factors.
EK 5.B.3.a: Justifications for a
single executive are set forth in
Federalist 70.
EK 5.B.3.b: Term-of-office and
constitutional-power restrictions
demonstrate changing
presidential roles.
EK 5.B.3.c: Different perspectives
on the presidential role, ranging
from a limited to a more
expansive interpretation and use
of power, continue to be debated
in the context of contemporary
events.
Illustrative Examples and
Suggested Readings (Optional):
 Franklin Delano Roosevelt’s
State of the Union Address
(1941)
 William Howard Taft’s Our
Chief Magistrate and His
Powers (1916)
 Theodore Roosevelt: An
Autobiography (1913)
 Obama’s moratorium on the
deportation of undocumented
young people
47
LO 5.B.4: Assess how
communication
technology has changed
the president’s
relationship with the
national constituency
and the other branches.
EK 5.B.4.a: The communication
impact of the presidency can be
demonstrated through such
factors as:
 Modern technology, social
media, and rapid response
to political issues
 State of the Union
Message, and the
president’s “bully pulpit”
as tools for agenda setting
Illustrative Example (Optional):
 President Reagan’s televised
“Address to the Nation on
Federal Tax Reduction”
(1981)
LO 5.B.5: Analyze how
the president ensures
that executive branch
agencies and
departments carry out
their responsibilities in
concert with the goals
of the administration.
EK 5.B.5.a: Presidential ideology,
authority, and influence affect
how executive branch agencies
carry out the goals of the
administration.
EK 5.B.5.b: Compliance
monitoring can pose a challenge
to policy implementation.
Illustrative Example (Optional):
 Lyndon B. Johnson’s
Executive Order 11246
(Affirmative Action and
Government Contracts)
 EPA Superfund management
under the Reagan
administration
EU 5.C: The design of the judicial branch
allows the exercise of judicial review and
protects the Court’s independence as a
coequal branch of government.
In Marbury v. Madison (1803), the Supreme
Court established the principle of judicial
review — the power of the Court to nullify
an act of Congress or executive action if it
violates the Constitution. The Supreme
Court sometimes makes unpopular
LO 5.C.1: Explain the
principle of judicial
review and how it
checks the power of
other institutions and
state governments.
EK 5.C.1.a: The foundation for
powers of the judicial branch and
how its independence checks the
power of other institutions and
state governments are set forth
in:
 Article III of the
Constitution
 Federalist 78
 Marbury v. Madison (1803)
48
decisions. Congress and the president may
limit the power of the court through the
appointment process, by refusing to
implement court decisions, and by passing
legislation changing the Court’s jurisdiction.
EK 5.C.1.b: Judicial review, the
supremacy clause and the
principle of legal standing
demonstrate how the judiciary
checks the power of other
institutions and state
governments.
EK 5.C.1.c: Precedents and stare
decisis play an important role in
judicial decision making.
Illustrative Examples
(Optional):
 Martin v. Hunter’s Lessee
(1816)
 New Deal conflict
(Congress)
 U.S. v. Nixon (1974)
LO 5.C.2: Analyze how
the exercise of judicial
review can lead to
controversy about the
legitimacy of the
Supreme Court’s power.
EK 5.C.2.a: Controversial or
unpopular court decisions
illustrate how judicial review can
lead to challenges of the Court’s
legitimacy and power.
EK 5.C.2.b: Controversy about
the Supreme Court’s power is
illustrated by the ongoing debate
over judicial activism versus
judicial restraint.
Illustrative Examples
(Optional):
 Swann v. CharlotteMecklenburg Board of
Education (1970)
 Milliken v. Bradley (1974)
LO 5.C.3: Explain how
other branches of
government can limit
the Supreme Court’s
power.
EK 5.C.3.a: Restrictions on the
Supreme Court are represented
by:
 Congressional legislation
to modify the impact of
prior Supreme Court
decisions
 Constitutional
amendments
 Judicial appointments and
49
confirmations
 The president and states
evading or ignoring
Supreme Court decisions
 Legislation impacting court
jurisdiction
Illustrative Examples
(Optional):
 Franklin Roosevelt’s
Court packing plan
 16th Amendment and
federal income tax
EU 5.D: The bureaucracy exercises
administrative discretion while carrying
out various congressional policies, court
decisions, and executive orders.
The bureaucracy carries out the
responsibilities of the federal government.
The civil service system was created to
promote professionalism and specialization
in the bureaucracy. Bureaucrats have
discretionary and rule-making authority in
implementing policy. Federal policies are
designed to regulate a wide range of
individual and corporate activities. The
president, Congress and the courts attempt
to hold the bureaucracy accountable in
implementing policy as intended. There is
debate as to whether the federal
bureaucracy is accountable to the elected
branches and to the people.
LO 5.D.1: Analyze the
effectiveness of the
bureaucracy in carrying
out the responsibilities
of the federal
government.
EK 5.D.1.a: Tasks performed by
departments, agencies,
commissions, and government
corporations are represented by:
 Writing and enforcing
regulations
 Issuing fines
 Testifying before Congress
 Iron triangles and issue
networks
EK 5.D.1.b: Political patronage,
civil service, and merit system
reforms in promoting
professionalism, specialization,
and neutrality, all impact the
effectiveness of the bureaucracy.
Illustrative Examples
(Optional):
 Federal Communications
Commission (FCC)
 Pendleton Civil Service Act
(1883)
 Transportation Safety
Administration (TSA)
50
LO 5.D.2: Evaluate how
the federal bureaucracy
uses delegated
discretionary authority
for rule making and
implementation.
EK 5.D.2.a: Bureaucratic agencies
are given discretionary and rulemaking authority to implement
policy.
LO 5.D.3: Analyze the
difficulty of holding the
bureaucracy
accountable based on
the competing interests
of Congress, the
president, and the
courts.
EK 5.D.3.a: Formal and informal
powers of Congress, the
president, and the courts over
the bureaucracy are used to
maintain its accountability.
Illustrative Example
(Optional):
 Securities and
Exchange Commission
(SEC)

Illustrative Example
(Optional):
 Legislative veto
51
APPENDIXES
Appendix A: Required Supreme Court Cases and Enduring Understandings
McCulloch v. Maryland (1819)
Connection to Enduring Understanding: EU 1.F: Federalism reflects the dynamic distribution of power
between national and state governments.
U.S. v. Lopez (1995)
Connection to Enduring Understanding: EU 1.F: Federalism reflects the dynamic distribution of power
between national and state governments.
Engel v. Vitale (1962)
Connection to Enduring Understanding: EU 2.A: Provisions of the Bill of Rights are continually being
interpreted to balance the power of government and the civil liberties of individuals.
Lemon v. Kurtzman (1971)
Connection to Enduring Understanding: EU 2.A: Provisions of the Bill of Rights are continually being
interpreted to balance the power of government and the civil liberties of individuals.
Wisconsin v. Yoder (1972)
Connection to Enduring Understanding: EU 2.A: Provisions of the Bill of Rights are continually being
interpreted to balance the power of government and the civil liberties of individuals.
Tinker v. Des Moines Independent Community School District (1969)
Connection to Enduring Understanding: EU 2.A: Provisions of the Bill of Rights are continually being
interpreted to balance the power of government and the civil liberties of individuals.
New York Times Company v. U.S.(1971)
Connection to Enduring Understanding: EU 2.A: Provisions of the Bill of Rights are continually being
interpreted to balance the power of government and the civil liberties of individuals.
Schenck v. U.S. (1919)
Connection to Enduring Understanding: EU 2.A: Provisions of the Bill of Rights are continually being
interpreted to balance the power of government and the civil liberties of individuals.
Gideon v. Wainwright (1963)
Connection to Enduring Understanding: EU 2.B: The due process clause of the Fourteenth
Amendment has been interpreted through judicial review to selectively protect or restrict individual
liberty.
Mapp v. Ohio (1961)
Connection to Enduring Understanding: EU 2.B: The due process clause of the Fourteenth
Amendment has been interpreted through judicial review to selectively protect or restrict individual
liberty.
52
Griswold v. Connecticut (1965)
Connection to Enduring Understanding: EU 2.B: The due process clause of the Fourteenth
Amendment has been interpreted through judicial review to selectively protect or restrict individual
liberty.
Roe v. Wade (1973)
Connection to Enduring Understanding: EU 2.B: The due process clause of the Fourteenth
Amendment has been interpreted through judicial review to selectively protect or restrict individual
liberty.
Gitlow v. New York (1925)
Connection to Enduring Understanding: EU 2.B: The due process clause of the Fourteenth
Amendment has been interpreted through judicial review to selectively protect or restrict individual
liberty.
McDonald v. Chicago (2010)
Connection to Enduring Understanding: EU 2.B: The due process clause of the Fourteenth
Amendment has been interpreted through judicial review to selectively protect or restrict individual
liberty.
Plessy v. Ferguson (1896)
Connection to Enduring Understanding: EU 2.C: Since its enactment, the Fourteenth Amendment has
often been cited to support the advancement of equality.
Brown v. Board of Education, I (1954)
Connection to Enduring Understanding: EU 2.C: Since its enactment, the Fourteenth Amendment has
often been cited to support the advancement of equality.
Brown v. Board of Education, II (1955)
Connection to Enduring Understanding: EU 2.C: Since its enactment, the Fourteenth Amendment has
often been cited to support the advancement of equality.
Buckley v. Valeo (1976)
Connection to Enduring Understanding: EU 4.E: Federal policies on campaigning and the various forms
of contemporary elections have benefits and drawbacks.
Citizens United v. Federal Election Commission (FEC) (2010)
Connection to Enduring Understanding: EU 4.E: Federal policies on campaigning and the various forms
of contemporary elections have benefits and drawbacks.
Marbury v. Madison (1803)
Connection to Enduring Understanding: EU 5.C: The design of the judicial branch protects its
independence, allowing for the exercise of judicial review and the development of the Court as a
coequal branch of government.
53
Appendix B: Required Foundational Documents and Enduring
Understandings
While the following represent required readings for the course, teachers are encouraged to use a reader
containing both classic and contemporary writings to promote the comparison of political ideas and their
application to recent events:
Federalist 10 “The Same subject continued: The Union as a Safeguard Against domestic Faction and
Insurrection.” http://www.constitution.org/fed/federa10.htm.
Connection to Enduring Understanding: EU 1.A: Disagreements exist over how democratic ideals
should be translated into reality in American politics; EU 1.B: Tension between governmental power
and individual rights has characterized American political development.
Brutus, “1: To the Citizens of the State of New-York.” http://www.constitution.org/afp/brutus02.txt
Connection to Enduring Understanding: EU 1.A: Disagreements exist over how democratic ideals
should be translated into reality in American politics; EU 1.B: Tension between governmental power
and individual rights has characterized American political development.
The Declaration of Independence. http://www.ushistory.org/Declaration/document/.
Connection to Enduring Understanding: EU 1.B: Tension between governmental power and individual
rights has characterized American political development.
The Articles of Confederation. http://www.ushistory.org/documents/confederation.htm.
Connection to Enduring Understanding: EU 1.C: The writing and ratification of the 1787 Constitution
resulted from weaknesses in the Articles of Confederation and was the product of important
compromises.
The U.S. Constitution. http://www.archives.gov/exhibits/charters/constitution_transcript.html.
Connection to Enduring Understanding: EU 1.C: The writing and ratification of the 1787 Constitution
resulted from weaknesses in the Articles of Confederation and was the product of important
compromises: EU 1.D: Constitutional separation of powers was designed to protect liberty by dividing
power and preventing both majority and minority tyranny. EU 1.E: The Constitution, its amendments,
and changing political developments combine to create a long, complex, and competitive national
policy making process.
Federalist 51 “The Structure of the government Must Furnish the Proper Checks and Balances Between the
Different Departments.” http://www.constitution.org/fed/federa51.htm.
Connection to Learning Objective: EU 1.D: Constitutional separation of powers was designed to
protect liberty by dividing power and preventing both majority and minority tyranny.
54
Letter from Birmingham Jail.” Martin Luther King, Jr.
http://web.cn.edu/kwheeler/documents/Letter_Birmingham_Jail.pdf
Connection to Enduring Understanding: EU 2.C: Since its enactment, the Fourteenth Amendment has
often been cited to support the advancement of equality.
Federalist 70 “The Executive Department Further Considered.”
http://www.constitution.org/fed/federa70.htm.
Connection to Enduring Understanding: EU 5.B: The presidency has been enhanced beyond its
expressed constitutional powers.
Federalist 78 “The Judiciary Department.” http://www.constitution.org/fed/federa78.htm.
Connection to Enduring Understanding: EU 5.C: The design of the judicial branch protects its
independence, allowing for the exercise of judicial review and the development of the Court as a
coequal branch of government.
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