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AP® U.S. Government and Politics DRAFT For Public Review November 17, 2014 Please be advised that the information contained in this publication is subject to change. © 2014 The College Board. College Board, Advanced Placement Program, AP and the acorn logo are registered trademarks of the College Board. All other products and services may be trademarks of their respective owners. Visit the College Board on the Web: www.collegeboard.org. 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 2 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 3 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. 4 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. 5 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. 6 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. 7 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. 8 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. 55