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Articles of Confederation
1. Articles of Confederation, set up as a weak association of states that favored states’
rights over central power (federal government) so that states retained their
sovereignty.
2. Shay’s Rebellion exposed the weakness of the new federal (central) government and,
in essence, forced the meeting in Philadelphia, Pennsylvania, its purpose to revise
the Articles of Confederation.
United States Constitution
3. The United States Constitution is a consequence of political compromise.
4. The Virginia Plan, proposed by James Madison, and supported by large states, called
for a bicameral (two-house) legislature.
5. According to the Virginia Plan, both houses (bodies) of this bicameral chambered
Congress would feature representation based on population.
6. According to the Virginia Plan, the executive branch would be led by one person,
elected by the legislative branch, for a single term, in charge of enforcing the laws
passed by the legislature.
7. James Madison’s Virginia Plan was strongly influenced by the French Enlightenment
philosopher, Charles de Montesquieu. His governmental ideas featured 3 branches of
government, separation of powers and, to make certain no branch of government
became too powerful, checks and balances.
8. Immediately, the Virginia Plan was contested by the New Jersey Plan,
written/proposed by William Paterson and supported by the small states.
9. The New Jersey Plan, modeling the Articles of Confederation, called for a
unicameral (single-chamber) legislative body.
10. According to the New Jersey Plan, representation would be based on equality, hence,
was favored by the small states.
11. To remedy the conflict between the large and small states over the issue of
representation (population versus equality), the Great Compromise was reached.
Accordingly, a bicameral legislative branch would be created featuring representation
in the House of Representatives based on population favoring the large states and
representation in the Senate based on equality favoring the small states.
Ratification of the Constitution
12. The U.S. Constitution set up a stronger federal/national/central government that
featured three branches of government: legislative, executive and judicial.
13. Under Montesquieu’s concept of separation of powers, the legislative branch
(Congress) would make the laws, the executive branch (president) would enforce the
laws, and the judicial branch (Supreme Court) would interpret the laws.
14. Under Montesquieu’s concept of checks and balances, the Congress can override a
presidential veto and/or impeach a Supreme Court justice for actions against the U.S.
15. Under Montesquieu’s concept of checks and balances, the U.S. Supreme Court can
declare actions taken by the legislative and/or executive branches as null and void if
said actions run counter to the U.S. Constitution. This checks and balances power
was confirmed by Chief Justice John Marshall with his rendering of McCulloch v.
Maryland.
16. In the debate over ratification of the U.S. Constitution, two sides emerged,
Federalists, who supported a stronger federal/central/national government hence
Constitution, and the Antifederalists, who supported states’ rights and feared a strong
Constitution would be tyrannical to states and to “We the people.”
17. The Federalist Papers, scribed by James Madison, Alexander Hamilton and John Jay,
were instrumental in bringing about ratification of the United States Constitution.
18. The Antifederalists, prior to agreeing to ratify the Constitution, demanded the
inclusion of the Bill of Rights to guard against an oppressive/intrusive/tyrannical
federal/national/central government.
19. A republican form of government is a form of democracy which features power in the
hands of the people but expressed via the voting of duly-elected officials
(representatives).
20. Due to fear of “tyranny of the masses, the new republic was not a democracy in
a modern sense. In fact, while liberty was very important, equality was not a
lasting concern until Brown v. the Board (1954).
Federal versus State Powers (Federalism)
21. Powers written in the Constitution, specifically granting power to the federal
government are known as expressed, explicit and enumerated powers. LIST three (3)
examples of powers directly given the federal government in the Constitution:
collect taxes, regulate interstate commerce, coin money, declare war and maintain
an army.
22. Powers not directly given the federal government in the Constitution, but later
extended to the Constitution are known as implied, inferred and inherent powers.
23. Implied, inferred and inherent powers are the consequences of Chief Justice
John Marshall’s ruling, McCullouch v. Maryland. This decision led to
three clauses that will give the federal government tremendous powers. The
clauses are the Supremacy, Elastic and Necessary and Proper clauses.
24. Denied powers are powers that the Constitution explicitly denies to the federal
government. List one: bills of attainder, ex-post facto and habeas corpus.
25. Article VI of the Constitution declares that the Constitution and the federal laws
take precedence (are supreme) over state laws – “supreme law of the land.”
26. Reserved Powers Clause states the powers not delegated to the U.S. federal
Government by the Constitution, nor prohibited by it to the states are reserved to
the states respectively, or to the people.
27. The Reserved Powers Clause, the Antifederalists' protection against a
nightmarish (oppressive, intrusive and tyrannical) federal government, is found
in the Tenth Amendment to the U.S. Constitution.
28. Powers shared by the federal government and the state governments are known
as concurrent powers, in other words, these powers overlap.
29. Dual federalism, also known as “layer-cake” federalism grants each division
of government, federal and states, specific powers – non overlapping. Dual
federalism favors states‘ rights. Under dual federalism, states controlled
public education and determined who could and who could not vote (suffrage).
Today, neither are those powers controlled completely by the states.
30. Cooperative federalism, also known as “marble-cake” federalism, features
shared areas of sovereignty or control. Following Chief Justice John Marshall’s
ruling, McCulloch v. Maryland, the Supremacy Clause left the Tenth Amendment
or the Reserved Powers Clause powerless, hence moving a huge amount of power
from the states to the federal government – expressed powers enhanced by
implied powers. As a consequence the federal government grew; still grows.
31. Each state must honor the public acts/contracts and records of the other states, in
accordance with the constitutional provision, “Full Faith and Credit” Clause.
Hence the question: If homosexuals in Vermont marry, will Virginia have to
recognize the marriage? Ultimately, a Supreme Court decision will be needed.
32. Anyone charged with a crime in one state; escapes to another state, must be returned
to the state where the crime was committed, a consequence of the constitutional
inclusion known as extradition.
33. No new state can be created within the boundaries of existing states without the
approval of Congress and the state legislature. West Virginia, in essence
was illegally formed. Civil War can do odd things to the Constitution.
The Legislative Branch (Congress)
34. To be eligible to serve in the House of Representatives, a delegate must be at least
twenty-five years old, have lived in the U.S. for seven years and in his/her district
at least one year.
35. Since 1911, the number of representatives/delegates serving in the House has been
set at 435. However, current legislation may soon change the number to 437.
Regardless, the number of representatives per state is determined by the state’s
population. The minimum number of representatives sent from a state is one
California, with fifty-five (57 electors) sends the most to Washington, D.C.
36. A legal process, redistricting, is the dividing of regions within a state into election
districts to insure the party in power for that state maintains political control of
the state. As long malapportionment does not occur as a consequence of the state’s
redistricting efforts, the integrity of “one person, one vote – Reynolds v. Sims” is
met, gerrymandering is perfectly legal. It is one of the advantages of incumbency.
37. “One person, one vote” is assured by three U.S. Supreme Court decisions. List them.
Baker v. Carr, Reynolds v. Sims and Westbury v. Saunders.
38. Racial gerrymandering, an attempt to draw districts to favor the election or
reelection of a minority to the House of Representatives, is illegal.
39. Racial gerrymandering was declared unconstitutional, a violation of white and
Asian Fourteenth Amendment rights (“equal protection under the law”) in
Shaw v. Reno, Bush v. Vera and Miller v. Lopez.
40. Gerrymandering only affects one of the two chambers of our bicameral Congress.
Which chamber? House of Representatives
41. To avoid “taxation without representation,” all tax and revenue bills must begin in
which chamber of our Congress? House of Representatives
42. The impeachment process must begin in the House of Representatives; in other
words, with a simple majority vote, the chamber of Congress can impeach a president
or a justice of a federal court. Interestingly, people in Congress cannot be
impeached. Instead, they are censured.
43. Most powerful position in the House of Representatives is the Speaker of the House.
44. All leadership positions in the House, from Speaker to the lowest subcommittee,
are members of the majority party, meaning today, all are Democrats.
45. List two of the powers/responsibilities of the Speaker of the House.
Recognizes speakers, controls floor debate, determines committee assignements, assigns bills to committees
46. Currently, the most powerful Republican in the House is called the Senate Minority
Leader.
47. Charged with enforcing the party line (getting Democrats or Republicans to vote
in a partisan fashion, is the majority whip (Democrat) or the minority whip,
(Republican).
48. To members of Congress, “We the people,” the folk back home, are known as
their constituents. The elected officials serve our needs.
49. The most important committees in Congress, the only ones that are permanent and
the only ones that can directly forward a bill for a floor vote, are standing
committees. Judiciary, Armed Forces, Agriculture, Education & Rules are examples
Another example, the Ways and Means Committee of the House considers revenue
raising measures such as tax bills.
50. Also known as special committees, select committees consist solely of
members of the House or of the Senate. These are research groups. They cannot
forward a bill directly to the full floor.
51. Research/inquiry committees that consist of a mix of Senators and House members,
again not able to forward a bill to the full floor, are known as joint committees.
52. The House of Representatives, a body of 435 (437), reflects representation based on
population, hence reflective of James Madison’s Virginia Plan; favoring the
large states.
53. The United States Senate, a body of 100, reflects representation based on equality,
hence reflective of William Paterson’s New Jersey Plan; favoring the small states.
54. To legally serve as a United States Senator, one must be at least thirty years of age,
have lived in the country a minimum of nine years and have lived in the state to
be represented for at least one year.
55. Regardless of population, each state sends this number of senators, two, to D.C.
56. In the U.S. Senate, it is possible for a minority of the senators to keep a bill from
gaining passage. Known as the filibuster, this minority group can keep a bill
from reaching the full floor for a vote, hence, killing it.
57. Since the U.S. Senate was designed by the Framers to be a “deliberative” body, one
where democracy would purposely move slowly, the filibuster is often utilized. To
end one requires a successful motion of cloture, achieved with 60% of the vote.
58. According to the Constitution, the House of Representatives impeaches officials and
the U.S. Senate conducts the impeachment trial, with the Chief Justice of the
Supreme Court presiding. To impeach an official, the House must have a simple
majority vote. To convict, the U.S. Senate must have a 2/3 vote.
59. Which two presidents have been impeached and put on trial? Andrew Johnson &
William Jefferson Clinton. How many have been convicted? None – Nixon resigned.
60. The U.S. Senate confirms presidential nominees for the federal courts (Supreme
Court included), ambassadors to foreign nations, Joint Chiefs of Staff and the
members of the president’s cabinet by a simple majority vote.
61. The U.S. Senate confirms presidential treaties with a 2/3 vote.
62. To avoid an embarrassment – not having your treaty confirmed, presidents sign
executive agreements.
63. The constitutional leader of the U.S. Senate is the Vice President. Hence,
today, Joseph Biden (his name) is the constitutional leader of the Senate.
64. The only power exercised by the vice-president as constitutional leader of the Senate
is the voting to break a tie vote. When the vice-president is not present, the symbolic
leader of the Senate is the President Pro-Tempore. This person is the person
of the party in power with the longest length of service in the Senate (seniority).
65. The real power in the Senate is the Senate Majority leader.
66. All leadership positions in the Senate go to members of the party in power. Hence
today, all committee chairs are of the Democratic party.
67. It is the job of the majority party and the minority party whip to serve as liaison
between the Senate Majority and Senate Minority leaders and the rank and file
members. In other words, they make sure the members of Congress turn to vote and
they coordinate party support of bills or legislation.
68. Committees allow members of Congress the opportunity to specialize in certain
subject matters. For example, a U.S. Senator serving the people of Iowa would wish
to serve on the Senate Agricultural Committee and a U.S. Senator from Virginia
would wish to serve on the Armed Forces Committee. This enables them to bring
home the bacon (pork-barrel legislation) to better serve their constituents, hence,
increase their odds of being reelected.
69. Conference committees are the last stop for bills within the Congress. Here,
differences between House and Senate versions of the same bill are ironed out.
Abiding by Charles de Montesquieu’s concept of separation of powers, the
president cannot legislate, something he would be doing should he be presented with
a separate House and Senate bill and asked to select the better of the two. Hence, the
conference committee must make the two versions into a single bill; then forward it to
the president.
70. Another name for riders or adding of non-germane amendments to a bill (porkbarrel legislation), designed to give gifts to the constituents back home, hence get
reelected, is an earmark. These additions to bills drive up the national debt.
The Executive Branch:
71. To legally serve as United States President, one must be at least thirty-five years of
age, a natural-born citizen and a resident of the U.S. for a minimum of fourteen years.
72. A member of the House of Representatives serves a term lasting two years, a
member of the U.S. Senate serves a term lasting six years and a U.S. President
serves a term lasting four years. While there are no term limits placed on
members of either the House or the Senate, presidents are limited by the 22nd
Amendment to two full terms or, in extreme circumstances, ten years.
73. The president asks Congress to declare war. Only the Congress can constitutionally
declare war. In keeping with Montesquieu’s concept of checks and balances, the
president then serves as commander-in-chief, leading our troops in battle. A
final check and balance, the Congress holds the purse strings during the war.
74. Presidents make treaties with the “advice and consent” of the Senate - 2/3 vote.
75. Presidents nominate federal justices, foreign ambassadors, members to the Joint
Chiefs of Staff and individuals to the Cabinet, each with “advice and consent of
the Senate, a simple-majority vote required.
76. Each January, the president gives an annual State of the Union address to
the Congress, recommending a legislative agenda.
77. The president has the power to grant pardons in all federal cases except those of
impeachment.
78. The president is not elected directly by “We the people;” instead, by the Electoral
College. As a candidate for the presidency wins the popular vote in a state
contest, he wins that state’s electors.
79. A consequence of the of compromise at the Constitutional Convention, each state is
given one electoral vote for every senator representing said state and one
electoral vote for every member of the House of Representatives serving said state.
80. Candidates spend most of their time, energy and money campaigning in states with
the largest concentration of electoral votes - richest state in electoral votes is California.
81. Seven states and the District of Columbia share the smallest number of electoral votes
a state is entitled, that number being three.
82. 538 electors make up the Electoral College (100 symbolic of membership of Senate,
435 as symbolic of membership of the House and 3 symbolic of Washington,
D.C.(23rd Amendment) – the only people not allowed to serve in the Electoral
College are those who actually serve in the Senate or House for should they select the
president, Charles de Montesquieu’s concept of “separation of powers” would be
violated – president would in essence be under the command of the Congress. To
win the Electoral College, be named the winner of the presidential race, he must win
270 (simple majority)of the electors’ support. Four presidents have won the popular
vote but not the Electoral College vote, hence, not become the chief executive. The
last to suffer this fate was Albert Arnold Gore, Jr. in the 2000 presidential election.
83. If no candidate wins the electoral vote count, receives the minimum requirement of
270 votes, the winner is determined by the House of Representatives. Should this
chamber of Congress have to determine the identity of the presidency, each states gets
one vote, despite the fact that this chamber of Congress reflects the Virginia
Plan, hence, representation based on population. Interestingly, if the Electoral
College cannot determine the winner of the presidency, the U.S. Senate determines
the winner of the vice presidential race.
84. Should the House of Representatives have to determine the identity of the presidency,
only the top three popular vote finalists have their names considered.
85. A president can be removed from office via impeachment for treason, bribery or
“high crimes.” To occur, the House must impeach by a simple majority vote and the
Senate must convict by a two-thirds vote.
86. Only two presidents have been impeached. Andrew Johnson & William Jefferson
Clinton. Neither was found guilty. Richard Milhous Nixon resigned for he feared
both impeachment by the House and a verdict of guilt from the Senate.
87. Other than the Attorney General, those that head Cabinet level positions are known as
secretaries. Each, plus the Attorney General must be approved by a simple
majority vote by the Senate.
88. A president’s most trusted advisors compose his White House Staff or White House
Office. Among its members is the Chief of Staff. Unlike Cabinet Secretaries,
White House Staff members serve only the president; have no divided loyalties.
89. The Electoral College is a consequence of political compromise – Constitutional
Convention. It was cemented into law with the 12th Amendment to the Constitution.
90. Despite what presidents claim, their running mate (VP) is not chosen because he/she
is second best to serve should the president die. Instead the vice president is chosen
as a means of balancing the ticket, helping the presidential candidate secure more
Electoral College votes. Usually, this balancing reflects regional considerations;
hence, it is called regional balancing of the ticket.
91. A vice president’s only constitutional power is to serve as President of the U.S.
Senate. However, his only power as President of the U.S. Senate is to break tie
votes; hence, he is rarely found in the Senate. Until the 1970s, the vice presidents did
little or nothing unless the death of the president vaulted them to position of executive
officer. Theodore Rex Roosevelt, not liked by his own party (Republican) due to his
liberal beliefs, was named vice president to get him out of the way – remove him
from any and all political power. The plan backfired with the death of President
McKinley.
The Bureaucracy:
92. People who work within the bureaucracy are called bureaucrats.
93. The bureaucracy is linked to a number of negative connotations, pathologies, such as
red tape, duplication, incompetency, imperialism, long lines and wasted tax dollars.
94. The spoils system, started by President Jackson, rewarded campaigners with jobs
within the bureaucracy. As a consequence, these people were very loyal to the
president. Jobs resulting as a consequence of campaigning, leading to high loyalty,
are connected with the idea of patronage - another name for the spoils system.
95. The Spoils System was replaced by the Pendleton Act, a consequence of a
presidential assassination. This act distributed bureaucratic jobs via merit or jobrelated qualifications rather than via loyalty or allegiance.
96. With renderings such of McCulloch v. Maryland (Supremacy, Elastic and
Necessary , and Proper Clauses), Gibbons v. Ogden (“emancipation
proclamation of interstate commerce” with federal government not state
governments controlling interstate trade), and Fletcher v. Peck (Supreme Court
having the power to declare state and local government laws unconstitutional –
judicial review on the vertical line of government or federalism), Chief Justice
John Marshall greatly expanded the role and power of the federal government,
reducing the strength of the 10th Amendment (Reserved Powers Clause) and greatly
expanded the role and size of the bureaucracy. Hence, always remember that events
and people that expanded the role, power and size of the federal government
simultaneously expanded the role, power and the size of the bureaucracy – they are
linked.
97. Wars, economic problems (FDR’s New Deal to fight the Great Depression and
Obama’s Stimulus Bills serving as examples) expand the size of the bureaucracy.
Under FDR, Social Security became the first of our two major entitlement programs –
money that belongs to the people who paid into the system; does not belong to the
government. The government is supposed to set the money aside as a public trust
fund. LBJ’s Great Society and War on Poverty expanded the federal government’s
role and the bureaucracy’s size in many ways, one example being the creation of the
second entitlement program, Medicare. The welfare state had become a
reality. Capitalism and laissez-faire were tremendously tempered. The
Antifederalists’ worst fears became more and more realized. The 10th
Amendment’s Reserved Powers Clause took another hit and the concept of
states’ rights withered on the vine.
98. The nation’s most liberal U.S. Supreme Court Chief Justice, Earl Warren,
expanded the role of the federal government and the size of the bureaucracy with his
ruling, Brown v. Board which granted the federal government a major stake
in education, which according to dual federalism (“layer cake theory), was totally
under the domain of the state governments.
99. Increasing the number of independent regulatory agencies, such as the ICC
(Interstate Commerce Commission) FDA (Food and Drug Administration established
by Teddy Roosevelt), EPA (Environmental Protection Agency) and FCC (Federal
Communications Committee), all holding discretionary authority (can MAKE and
ENFORCE laws), the power and size of both the federal government and bureaucracy
continued to expand.
100. Beginning with President Richard Milhous Nixon, each president (regardless of
political party affiliation – except President Obama), has promised to reduce the
size of the federal government and of the bureaucracy. While none have succeeded
(seems we like holding out our hands and having the federal government do for us
(yeah, once again a little political commentary), one attempt to do so was
privatization, taking control from the public sector and turning it over to the private
domain. Deregulation is another attempt to reduce the size of the bureaucracy by
granting the private domain more control in how it operates. For example, under
President William Jefferson Clinton, the federal government said banks had to
liberalize their lending policies, an attempt to enable the poor and minorities to
afford a loan, to buy a home. This attempt to regulate the private sector is as
responsible for 2009’s economic fiasco as is greed by the banks’ CEOs.
101. Sunset Laws designed by President Jimmy (James) Earl Carter, Jr., New
Federalism as proposed by Presidents Nixon & Ronald Wilson Reagan, and the
restructuring of the U.S. Supreme Court by conservative presidents have signaled
attempts to scale back federal government involvement, reduce taxes and lessen the
size of federal bureaucracy.
102. Collectively, attempts to roll back the size of the federal government and
bureaucracy, have been labeled Devolution Revolution. The nation’s most
conservative document, the Contract with America, calling for congressional
terms limits and a balanced budget, is an example of Devolution Revolution.
Shifts from categorical grants to block grants give governors more discretion
(freedom of choice) in spending of dollars given them by the federal government.
The Judicial Branch:
103. The Supreme Court is the only court expressly provided for in the Constitution.
104. It is the Congress, in the Judicial Act of 1789, that established the lower federal
courts; hence, it is the Congress, with Montesquieu’s checks and balances, that
determines number of courts, number of justices serving on each, length of terms,
qualifications, etc.
105. Justices are nominated by the president and confirmed by a simple majority
vote of the Senate.
106. A president, to make certain his nominee to the courts shares his political
ideologies, will subject the nominee to a litmus test. To make certain the
nominee is not a “bleeding-heart liberal” or a “right-wing nut job,” the Senate
will subject the individual to its version of a litmus test.
107. Barring resignation, death, or impeachment, justices hold positions for life.
Unlike elected officials of the legislative or executive branch, there are no
qualifications for justices to any of the federal courts.
108. Cases involving a state against another state would originate in the Supreme Court.
109. The Supreme Court, the nation’s “High Court,” as rendered by Chief Justice John
Marshall in Hunter v. Martin Lessee, has jurisdiction any case involving the
Constitution, treaties, ambassadors, etc.
110. If a case is first heard in the U.S. Supreme Court, the Court is said to have
original jurisdiction. If a case reaches the U.S. Supreme Court as a
consequence of appeal, the Court is said to be exercising appellate jurisdiction.
111. The U.S. Supreme Court issues a writ of certiorari when it agrees to hear a case.
112. To hear a case on appeal, four of the nine justices must approve. This is known as
the “rule of four.”
113. If the “High Court” refuses to hear a case, then the lower (previous) court ruling
stands.
114. Federal district level courts hear only original jurisdiction cases. Sixty-four exist.
Each state has at least one federal district level court.
115. The only courts to feature trials by jury are the federal district level courts.
116. There are thirteen circuit- or appellate/circuit- level courts. With three-judge panels
and having no juries, these courts exercise appellate jurisdiction only. Instead of
hearing the case again in its entirety, these courts are concerned only with points of
law, such as evidence tampering, accused not being read her rights, adequate council
provided, etc.
117. In forma pauperis petitions deal with the poor, or any indigent who takes a
“pauper’s oath.”
118. Marbury v. Madison established judicial review, making the judicial branch an
equal partner with the legislative and executive branches. This case deals
exclusively with the horizontal line of government, hence has nothing to do with
federalism. The Chief Justice rendering this decision was John Marshall.
119. McCulloch v. Maryland deals with the vertical line of government. Featuring
three important clauses: supremacy, and necessary & proper and elastic, this
rendering gave extensive new powers to the federal level of government. It is said
that the elastic clause was the undoing of the Tenth Amendment or the Reserved
Powers clause. This decision created a major shift from dual federalism (layer
cake) to cooperative federalism (marble cake). A consequence of this case, when
federal and state laws conflict, the supremacy clause declares the federal to be
superior. The Chief Justice was John Marshall.
If writing an essay on federalism, this is a must inclusion, as is the Fourteenth
Amendment.
120. Gibbons v. Ogden, ‘emancipation proclamation of interstate commerce” deals with
the vertical line of government, hence, granting more power to the federal
government. Chief Justice John Marshall’s ruling in this case would later help
propel the Civil Rights Movement of the 1960s forward – used as precedent in the
Heart of Atlanta case. If writing an essay on federalism, this is a must
inclusion, as is the Fourteenth Amendment.
121. Fletcher v. Peck gave the U.S. Supreme Court the right of Supreme Court over
state and local governments, again escalating the power of the federal
government. Should a state not do what it is supposed to, this decision enables the
federal government to preempt (the “p”) state authority. This too is a Chief
Justice John Marshall decision. If writing an essay on federalism, this is a must
inclusion, as is the Fourteenth Amendment.
122. In Baron v. Baltimore, Chief Justice John Marshall decreed that the Bill of Rights
did not protect “we the people” from an oppressive state government;
instead, the first ten amendments were designed specifically to protect “we the
people” against an oppressive/intrusive/tyrannical federal government. This
decision will later be overturned by the Fourteenth Amendment to the Constitution.
123. In one of the two most “infamous” U.S. Supreme Court decisions, Dred Scott v.
Sanford, the Supreme Court nullified the Missouri Compromise (use of judicial
review – Marbury v. Madison) showing judicial activism can be conservative as
well as liberal) and stripped Americans of African descent (slave and free) of their
constitutional and citizenship rights. This Supreme Court decision would be
overturned by the Fourteenth Amendment.
124. The “clear and danger” case is better known as Schenck v. the U.S. It supports
the notion that when national security is at risk, personal liberties can be
temporarily removed. During the Civil War, President Lincoln stripped “we the
people” of all our constitutional rights.
125. Griswald v. Connecticut declared one’s Ninth Amendment rights as protection
against government intrusion into one’s sexual life. This decision served as the
cornerstone for Roe v. Wade and Lawrence v.Texas. This case, as well
as the other two, can be used as examples of selective incorporation – Supreme
Court under Chief Justice Earl Warren writing writs of certiorari to select
specific cases to insure that “we the people” would have of Bill of Rights
protections (first ten amendments) against oppressive/intrusive/tyrannical state
governments. In other words, this is one of several cases used to overturn Baron v.
Baltimore, Fourteenth Amendment serving as the cornerstone.
126. Plessey v. Ferguson’s concept of “Separate but Equal,” the nation’s second
“most infamous” U.S. Supreme Court case, was overturned by Brown v.
Board. This latter decision served as the catalyst for the integration of American
society. It introduced the “modern dilemma” (equality v. liberty) of government.
127. Roth v. U.S. defined obscenity as anything lacking any “prurient interests,”
lacking any “redeeming social importance.”
128. The exclusionary rule is connected to Mapp v. Ohio. It prohibits the use of
illegally obtained evidence from being presented in a court of law. This case also
serves as an example of selective incorporation, Chief Justice Earl Warren’s
careful selection of cases to be heard so that Baron v. Baltimore could not be used
as a tool to enable states to deny us our Bill of Rights protections.
129. Engel v. Vitale ruled school prayer unconstitutional on the grounds that it
violated the establishment clause of the First Amendment.
130. One of three U.S. Supreme Court renderings that guarantee us political equality,
Baker v. Carr opened the door for Reynolds v. Sims and Westbury v.
Saunders, each symbolic of “one person, one vote.” The intent of the
three High Court decisions is to make certain malapportionment does not occur.
Every ten years, a decennial or national census is taken, depicting shifts in
population from the Frost and Rust Belts to the Sun Belt. Then the Congress
(national government level) assigns - reapportions - new numbers to the states,
determining the number of delegates each state sends to the House of
Representatives. The states then draw new voting boundaries, known as
redistricting. This often leads to political gerrymandering or the redistricting in a
manner to favor the party in power. HENCE, the decennial census,
reapportioning, redistricting and gerrymandering are all related to the House of
Representatives - have nothing to do with the Senate.
131. In accordance with the U.S. Supreme Court decision, Gideon v. Wainwright, states
must provide public defenders for the accused. This is true for all appeals as well,
even up to the Supreme Court. This also serves as another example of selective
incorporation, use of Supreme Court cases to ensure “We the people” that states
honor our first ten amendment protections.
132. “You have the right to remain silent. Anything you say can and will be used against
you in a court of law” is associated with Miranda v. Arizona. You have the right
to have an attorney present during police questioning. Again, this is an example of
selective incorporation.
133. Loving v. Virginia declared laws against interracial marriage unconstitutional.
134. U.S. v. Nixon set limitations on president’s right on executive privilege, a
consequence of Nixon’s involvement in Watergate.
135. In Black v. Virginia, the burning of a cross was deemed illegal, a hate crime
against Americans of African descent.
136. In Johnson v. Texas, the Supreme Court decreed the burning of the American flag.
to be a legal extension of freedom of speech, an act of symbolic speech.
137. Allowing for the publication of the Pentagon Papers by declaring illegal prior
restraint - censoring before publication – New York Times v. U.S. served as a
protection of the First Amendment right of freedom of the press.
138. Based on the Ninth and Fourteenth Amendments, Roe v. Wade made
unconstitutional all laws outlawing abortion. However, Roe v. Wade did not
make illegal abortion during the final trimester.
139. The Bakke decision allowed universities to admit students on the basis of race to
counter discrimination, to work toward diversity.
140. A 1988 U.S. Supreme Court decision, Bowers v. Hardwick declared sexual
relations between homosexuals as illegal, an act of sodomy.
141. In 2003, Lawrence v. Texas reversed the Bowers decision, making sexual relations
between homosexuals legal. Today, homosexuals, bisexuals and heterosexuals have
only three restraints when engaged in sexual actions: all must be of age, act must be
consensual and must be conducted in a non-public location.
142. Webster v. Reproductive Health Services and Casey v. Pennsylvania were
Supreme Court cases that restricted abortion rights.
143. Korematsu v. U.S. okayed the actions taken by the government under the leadership
of the very liberal Franklin Delano Roosevelt that forced Japanese-Americans to
abandon their homes and businesses and to live in termination camps. Similar
deprivations of personal liberties have occurred during Abraham Lincoln’s and
George Walker Bush’s presidency. National security trumps personal liberty.
144. In accordance with Rosker v. Goldberg, women cannot by drafted (conscripted).
How A Bill Becomes A Law:
145. Most bills can be introduced in either chamber of the Congress (House or Senate).
However, bills dealing with taxation and revenue must originate in the House. The
reason is that until the Seventeenth Amendment, “We the people” could only
directly elect into office the members of the House of Representatives. Hence, a tax
coming from the Senate, the president or the Supreme Court – officers not directly
elected – would represent “taxation without representation,” a violation of
Patrick Henry’s famous statement. Bills can only be introduced by members of
Congress. Ideas come from the media, executive office, interest groups, etc., but
must be introduced by congressional members. Again, all bills dealing with
taxation must begin in the House of Representatives, otherwise, Patrick Henry
would rise from his grave and shout, “No taxation without representation.”.
146. Most bills are referred to a committee or a subcommittee.
large role.
Here, lobbyists play a
147. Amending or altering a bill is known as a mark-up, In other words, nongermane
Items, known as riders or as earmarks, are added to the original bill, often having a
devastating effect on the budget. The line-item veto was given the president to
eliminate these riders or earmarks; to balance the budget. At last, the line item veto
was taken from the president by the Supreme Court in New York City v. Clinton
for it was interpreted as a violation of separation of powers – president is not
supposed to be a part of the legislative procedure.
148. Ninety percent of all bills die at the committee or subcommittee level.
Governmental terminology, that which is demanded by the graders of your A.P.
Government Exam, would replace “die” with to table or pigeon-hole a bill.
149. Joint committees are research groups that consist of both members of the House of
Representatives and of the U.S. Senate.
150. Select or special committees research bills but not jointly; instead, Senate and
House work separately. .
151. Senators can indefinitely postpone a vote or stall debate with a filibuster; however,
it can be ended with a motion of cloture. (60% vote required)
152. Due to riders (earmarks), bills that entered the Senate and House as identical twins,
depart the two chambers as very different animals. Hence, the two versions of the
bill go to a conference committee where differences are ironed out prior to being
presented to the president. The president is not allowed to select the House version
of the bill over the Senate version, or vice versa, for doing so would make the
president a legislator, hence a violation of Montesquieu’s concept of separation of
powers.
153. After the bill leaves the conference committee – House and Senate versions name
completely identical – it goes to the president. The president then signs the
bill/resolution into a/an law/act or decides to veto it.
154. If a president holds a bill for ten days (not including Sundays) and, the Congress
is still in session, the bill becomes a law without the president’s signature.
155. If a president holds a bill for ten days (not including Sundays) and, the Congress has
adjourned, the bill has been pocket vetoed.
156. A regular presidential veto is almost impossible to defeat for to override a
presidential veto requires a 2/3 vote of the Senate and a 2/3 vote of the House.
A presidential veto is successfully overridden only 4 to 6 percent of the time. In
fact, a veto threat made by a president is usually enough to lead to a bill’s death.
Rut Ro – Go Back Three Pages to Fiscal and Monetary Policy:
157. Fiscal policy denotes taxing and spending and Monetary policy depicts
managing/controlling the economy by adjusting interest rates and/or altering the
availability of money (how much money is printed).
158. Working out of the executive branch, the OMB (Office of Management and
Budget) establishes the budget. It is countered by the legislative’s branch’s CBO
(Congressional Budget Office). The OMB is responsible for assembling and
analyzing the figures in the presidential budget submitted to Congress each year.
159. The Federal Reserve Board sets interest rates to control inflation and recession.
Interest rates go up to control inflation by making money more expensive to borrow
and go down to counter recession by making money cheaper to borrow – puts more
money into circulation.
Public Opinion:
160. Public opinion is a measurement of attitudes and positions held by the American
people. If sharply divided, polarity has occurred. For example, we are sharply
divided over the issue of abortion (pro-life versus pro-choice), hence polarized.
161. Random sampling is the most accurate measurement of our collective thoughts or, of
public opinion.
162. Exit polling (asking you how you voted as soon as you leave the voting booth) is
used to quickly determine how people may have voted. It is not one-hundred
percent accurate. People will sometimes lie.
163. The teaching and learning of political beliefs is known as political socialization.
164. If a child has parents who are both strongly tied to the Democratic party, there is at
least a 60% chance the child will become a supporter of the Democratic party.
165. The greatest cleavage is race. Affirmative action would be a specific issue.
166. The greatest gender gap is not abortion or comparable worth or parity (equal pay
for equal work); instead, it is war.
Civil Liberties and Civil Rights:
167. Civil liberties are individual freedoms and rights guaranteed to every citizen by the
Bill of Rights and the Due Process Clause of the Fifth Amendment.
168. America’s war for independence was fought to gain freedom (liberty), not equality.
169. The original dilemma of government was how much personnel freedom/liberty
could be offered without doing harm to the overall good of society. With personal
freedom (liberty) v.equality, the equation shifted. Equality, liberty and the overall
good of society had to be measured, the creation the modern dilemma of
government.
170. The 14th Amendment protects of civil liberties from state government induced
tyranny, oppression or intrusion. The 5th Amendment protects our civil liberties
from federal government induced tyranny, oppression or intrusion. Based on the
Fourteenth Amendment (federal government became the guarantor of minority
rights), selective incorporation was utilized by Chief Justices Earl Warren and
Warren Burger to make certain states had to grant first ten amendment rights to
their citizens. Prior to their efforts {Miranda, Roe v. Wade, Mapp v. Ohio,
Gitlow v. New York – freedom of speech – 1st Amendment) etc.], Chief Justice
John Marshall’s decision of the middle 1830s, Baron v. Baltimore, had decreed
that the states did not have to grant their citizens the first ten amendment
protections. Instead, the Bill of Rights was designed to protect Americans from an
oppressive/tyrannical/intrusive federal government – nothing to do with the states.
171. Antifederalists were concerned about an oppressive/tyrannical/intrusive federal
government, hence demanded the inclusion of a Bill of Rights to protect “we the
people” and the states prior to agreeing to ratification of the Constitution. The irony
was that the states proved to be oppressive, yet the Supreme Court in Baron v.
Baltimore stated that the Bill of Rights applied only to the federal government
hence the states did not have to give said rights to their citizens. The 14th
Amendment, via a process called selective incorporation, extended basic Bill of
Rights protections to “we the people.”
172. Should the states deny you your rights, the federal government will step in and take
over, known as preemption.
173. Civil Rights deal with the protection of citizens against discrimination due to race,
ethnicity, gender, or disability. Instead of keeping the government at a safe distance
as is the case with civil liberties, with civil rights we wants government to
intervene – to come to our rescue.
174. The roots of segregation included slavery, Dred Scot v. Sandford, the Jim Crow Era,
and Plessy v. Ferguson, “separate but equal.”
175. Brown v. Board overturned Plessy v. Ferguson. A couple other examples of one
Supreme Court decision overturning a previous Supreme Court decision are:
Furman v. Georgia, 1974 (outlawed the death penalty) and Gregg v. Georgia,
1978 (legalizing the death penalty) and Bowers v. Hardwick, 1988 (homosexual
sexual relations an act of sodomy hence illegal) and Lawrence v. Texas, 2003
(homosexual sexual relations now protected by Ninth (right to privacy) and
Fourteenth Amendments.
176. Boycotts, sit-ins, marches, speeches and other acts of civil disobedience or passive
resistance were practiced by the Rev. Dr. M.L. King, Jr. during America’s Civil
Rights Movement of the 1960s. None of the above mentioned actions are
considered examples of conventional means of political participation (such as
registering to vote, voting, running for office, wearing a political button, writing a
check to a candidate, etc.); instead, each is considered a nonconventional or
unconventional means of political participation.
177. The single-most important piece of legislation issued by the Congress during the
Civil Rights Movement was the Civil Rights Act of 1964 – integrated every facet of
American society except housing (accomplished with the Civil Rights Act of 1968).
The Voting Rights Act of 1965 ended the literacy test while the 24th Amendment
ended the poll tax. Suffrage was restored to Americans of African descent.
178. Sweatt v. Painter integrated the colleges and Virginia v. Loving legalized
interracial marriage.
179. Abortion, comparable worth (parity of equal pay for equal work), and child care
are considered women’s issues. For doing the same job, women make 74 cents for
every dollar a man makes; consequently parity (equal pay for equal work or
comparable worth still do not exist. Favoring a woman’s right to have an abortion
makes one pro-choice. Wishing to eliminate legalized abortion makes one prolife. Liberals tend to be pro-choice and conservatives tend to be pro-life.
180. Intended to guarantee women complete equality, the Equal Rights Amendment
failed to gain the three-quarters approval of the states (had already secured the
necessary two-thirds vote of the House of Representatives and U.S. Senate).
181. Title IX guarantees women equal athletic opportunities on the nation’s college/
university campuses and Title X guarantees women equal scholarship
opportunities connected to college/university athletic programs.
182. “Don’t ask, don’t tell,” a William Jefferson Clinton policy, was intended to expand
rights to homosexuals. Lawrence v. Texas overturned Bowers v. Hardwick,
making homosexual sexual relationships legal.
183. The 1990 Americans with Disabilities Act and, the Supreme Court’s decision,
Martin v. PGA, extended rights to disabled Americans.
The Political Party System:
184. Political parties were not mentioned in the Constitution. When leaving office,
President George Washington warned the American populace was forming political parties.
185. America’s winner-takes-all, single-district member system has assured us a twoparty system – today the Democrats and the Republicans.
186. The Federalist party, one of America’s first two political parties was formed by
Alexander. Hamilton. The Democratic-Republican (Jeffersonian) party was
formed by Thomas Jefferson. During the battle for ratification of the Constitution,
Alexander Hamilton had led the faction in support of the Constitution, a group
known as . During the battle for ratification of the Constitution, Thomas Jefferson
had led the faction against the Constitution, a group known as Antifederalists.
While factions and political parties are similar, divisions of political and
philosophical grounds and, while both were not trusted by the Founding Fathers,
Jefferson’s Antifederalists were never considered a political party.
187. Party members meet every four years at a national party convention, DNC and
RNC, to anoint a presidential candidate, and to write the party platform, a vague and
ponderous outline of the party’s position on a variety of issues – interestingly often
not reflecting the views of the candidate.
188. The oldest continuous political party in the U.S., in fact, the world, is the
Democratic party. Its symbol is the donkey, first drawn the famous political
cartoonist of the mid-eighteen hundreds, Thomas Nast.
189. Despite its civil rights stance of today, the Democratic party was very anti-black
rights during the second half of the nineteenth century. The “Solid South,”
including KKK membership denoted the pro-white stance of the Democratic party.
190. African American and Jewish American support for the Democratic party did not
begin occurring until FDR’s New Deal.
191. The 13th Amendment emancipated (freed) the slaves. Constitutional and
citizenship rights were given African Americans with the 14th Amendment. Due
process (rights within the legal justice system from arrest, through courts, to death
penalty) and Equal Protection of the Law (equal rights in all other facets of life)
were granted guaranteed African Americans with the 14th Amendment. The 15th
Amendment granted suffrage (the franchise or the right to vote) to African
American males, twenty-one years of age.
192. The second oldest continuing political party in both the U.S. and world in the
Republican party, often referred to as the GOP (Grand Old Party). Its symbol is the
elephant, first drawn the famous political cartoonist of the mid-eighteen hundreds,
Thomas Nast. While Democrats are often referred to as liberals, Republicans are
often referred to as conservatives. Extreme liberal Democrats are called “Bleedingheart liberals” and extreme conservative Republicans are called “right-wing nut
jobs.”
193. There are four types of independent (third) parties: single issue, ideological,
economic and splinter (also called bolter and factional). Of the four,
bolter/factional/splinter parties have the greatest impact on American politics, for
as the names imply, they form when one of the two major parties (Democrat or
Republican) breaks into two competing bodies. The most successful
factional/bolter/splinter party is Theodore Roosevelt’s Bull Moose party, a
party that came to be when the Republican party temporarily split in 1912. More
recent examples of splinter/factional/bolter parties are the Dixiecrats (Strom
Thurmon’s segregationist party of 1948), the American-Independent party
(George Cornelius Wallace’s segregationist party of 1968 and 1972), H. Ross
Perot’s Reform party of 1996 and Ralph Nader’s Green party of 2000. Normally,
the party that split loses the presidential race. Ideological parties, American
Socialist, American Communist and Libertarian serving as examples, are the
longest lasting of the third or independent parties. Each of the three examples have
survived for a century yet none have ever won a presidential election. Their
ideological beliefs are more important than winning; hence, they survive loss after
loss after loss. Note the difference as the Bull Moose party and Dixiecrat party died
within four years – one election. An example of a single-issue political party would
be the Women’s Suffragist party or the Prohibitionist party, each of the early
1900s. Neither won a presidential election and both ceased to exist after the issue
was resolved. An economic third party is the Greenback party of the late 1800s.
194. H. Ross Perot introduced the infomercial or the purchasing of blocks of television
time to directly address “we the people” and to avoid the media’s spin and the
media’s taking tings out of context. The infomercial is television’s version of
FDR’s Fireside chats.
The American Media:
195. The media is often referred to as the fourth branch of government.
196. Prior restraint, the censoring of written work by the government before its
publication, was ruled illegal by the Supreme Court in New York Times v. U.S.
Indeed, with the exception of obscenity and endangerment of national security, the
press in America is free to print virtually anything.
197. When people hear and see what they want to hear and to see, selective perception is
at work.
198. Rewording events to place a favorable slant on an issue or a candidate is known as
political spin.
199. Politically speaking, the media plays three roles: gatekeeper, scorekeeper and
watchdog. In the watchdog role, the media’s in-depth research of and constant
focus on selected issues usually proves ruinous to a politician’s career. Richard
Milhous Nixon’s involvement in Watergate serves as the classic example. Lesser,
yet interesting examples, include William Jefferson Clinton’s involvement with a
young White House intern (Monica Lewinsky) known as Zippergate and Hillary
Rodham Clinton’s Whitewater affair, a land/investment scheme that paid off
handsomely and quickly. Had links been found connecting presidential candidate
Barack Hussein Obama to the infamous land magnate in Chicago or Obama’s
presence in church on the days of Reverend Wright’s anti-American sermons, the
media’s love affair with Obama would have ended and the presidency would have
been lost. When the media creates issues via exposure that are then embraced by
elected officials to shape public opinion, firestone tires, global warming and sexting,
the media is acting out its gatekeeper role. When the media keeps tabs on who is
winning an election race (constant polls as to which is leading in the delegate count
for the 2008 Democratic primary race, Obama or H. Clinton) or a debate (remember
the War Room with George Stepanopolis running around like crazy to determine the
winner of the debate between W. Clinton and “Daddy” Bush), the media is acting
out its role as scorekeeper. Another name for scorekeeping is horse-race journalism.
When a candidate wins the Iowa caucus and the New Hampshire primary, he/she
gets a great deal of media attention. The bandwagon effect takes place.
200. Most Americans get their news from television. Well educated Americans get their
news from newspapers. Political ideologues/zealots get their news from political
news magazines. Television news usually has a liberal bias, a great advantage for
the Democratic candidate.
201. FDR popularized the political use of radio with his Fireside chats. This enabled him
to avoid the media spin and to eliminate the opportunity for the media to take things
out of context. H. Ross Perot utilized informercials, sixty- or ninety-minute
blocks of television time, to escape potentially negative media impact. President
Barack Hussein Obama bought a ninety-minute infomercial that was aired during
the baseball playoffs of 2008.
202. William Randolph Hearst has long been noted as a yellow journalist, one who
used sensationalized headlines based on inaccurate research (or no regard for the
truth) for the sake of selling news. His reporting of the sinking of the U.S.S. Maine
serves as the classic example of yellow journalism for the Spanish had nothing to
do with its sinking. Today’s National Inquirer embodies yellow journalism.
203. Also using sensationalized headlines to aid in the sales of news are the muckrakers,
a group of journalists who painstakingly make certain their stories are based on
researched facts and on the truth. Upton Sinclair’s The Jungle is the classic
example. Muckrakers use their findings to force positive change by elected
officials – link to gatekeeper role for modern-day journalists utilized the
muckraker technique while investigating the Firestone tire problem. Today’s 60
Minutes television show reflects the muckraker technique.
204. Released by Daniel Elsburg, the Pentagon Papers exposed government lies
(Kennedy and Johnson administrations) regarding events during the Vietnam War.
205. During his successful campaign for the presidency, 2008, President Barrack Hussein
Obama relied heavily on the internet to disperse information, avoid media spin and
to raise money.
Interest Groups:
206. The financial arms (money raising) of interest groups are known as PACs or
political action committees. Money donated to campaigns (mostly at the
congressional level) goes mostly (80%) to incumbents and the funds are used to
buy access time. Then, lobbyists (vocal cords), utilizing the access time, try to
persuade elected officials to vote on issues favoring the interest group.
207. Having been out of the Congress for one year, a former congressperson can become
a lobbyist. This reflects the revolving door. Former congresspersons and former
bureaucrats are sought after to serve as lobbyists because they have established
contacts and know the inner workings of government. A lobbyist’s greatest tool is
information that he/she supplies, usually to people in working in congressional
committees and subcommittees. A safe seat means the incumbent “will” win.
208. The twelve most anti-environmental congressmen/women are known as the “Dirty
dozen”.
209. Most PAC and lobbyist attention goes to people in the Congress. This is because,
unlike presidential candidates who get up to eighty million dollars in public funding
(taxes) to run their campaigns, congressional candidates must rely on private
monies, having nothing to do with tax dollars. Hence, people running for Congress
have to raise a lot of money. The branch least impacted by PACs and lobbyists
is the judicial branch. The only means available to interest groups to influence
judges (do not need money for campaigns) to file a “friend of the court” brief,
known as an amicus curiae brief.
210. Most money raised in campaigns goes to pay for TV advertisements. The
candidate who spends most money almost always wins the election. Hence, 2008
candidate Barrack Hussein Obama chose to not accept public dollars; to not limit his
campaign to eighty million dollars. His strategy “paid off” handsomely.
211. A reaction to Richard Milhous Nixon’s involvement in the Watergate scandal,
Congress passed in 1974 the ____ ____ Campaign Act – restrictions on raising
money for presidential campaigns.
212. The Federal Election Campaign Act of 1974 reflected a bipartisan (Democrats
and Republicans working together as opposed to partisan efforts where the two
parties are at odds) action. The effort was led by Republican John McCain &
Democrat Russell Feingold.
213. The Federal Election Campaign Act of 1974 set tight regulations on “hard” money
or funds given directly to the candidate. Bundling, a technique enabling groups of
people (associated with interest groups), to give far more money than the campaign
act intended.
214. The Campaign Finance Reform Act of 2002 set additional restrictions on campaign
donations, this time targeting “soft” money. This bipartisan effort was again led by
McCain and Feingold. Individual donations increased to $2,000 dollars. The tight
restrictions created an unwanted byproduct, 527s, organizations not limited to the
amount they can spend as long as they do not mention in their ads support for a
particular candidate; instead, they connect the voters’ minds to a candidate by
focusing on an issue that is well connected to said candidate (“swift boating”
against John Kerry in 2004).
215. Always remember that the greatest weakness of the U.S. Supreme Court is that it is
dependent upon the president to enforce its rulings: Worcester v. Georgia (leading
to the Trail of Tears), Brown v. Board (Boston’s public schools not integrated
until twenty years after the ruling) and Buckley v. Valeo which states there can be
no limitations placed on campaign contributions for the “High Court” sees
campaign contributions as an extension of freedom of speech - symbolic speech.
216. To be eligible to receive federal matching funds during the primary races, candidates
need only raise $5,000 in twenty or more states in increments (contributions) of
$250 or less. This is easy to do for the Democratic and Republican candidates.
Unfortunately for candidates of third/independent parties, rarely are they ever to
meet the eligibilities; hence, they receive no federal matching funds – another reason
why third/independent parties never win presidential elections in the U.S. Other
reasons are third/independent candidates are rarely allowed to attend presidential
debates, receive almost no PAC funding and are seriously hurt by our “winnertake-all” system (especially in the Electoral College vote).
217. To be eligible to receive federal matching funds during the presidential race,
candidates need only win five percent of the popular vote. Again, while this is easy
for the Democratic and Republican candidates, it is difficult for third/independent
party candidates.
218. “Doubling” and the “multiplier” effect enable large corporations to circumvent the
intent of the Campaign Finance Reform laws; to give more to the candidate of their
choice.
Articles and Amendments to the Constitution:
219. According to Article One, the legislative branch (Congress) makes the laws.
220. The Congress shall consist of two chambers/houses. Hence, our Congress is
bicameral. The two chambers are the House and the Senate. The House of
Representatives will be elected directly by “we the people.” To make certain the
members of the House are accountable to “we the people,” they will perpetually run
for reelection. Their terms last only two years.
221. All revenue bills and all legislation dealing with taxes must begin in the House of
Representatives; otherwise, we would have returned to “… taxation without
representation,” upsetting Patrick Henry, the great Antifederalist and champion of
states rights.
222. Until passage of the 17th Amendment (2/3 vote of both chambers of Congress and
¾ vote of the states), the membership of the U.S. Senate was chosen by the state
legislators. The Founding Fathers intentionally created the Senate to be a
deliberative branch, to purposely slow down democracy.
223. Senators serve six year terms. Since each of the 435 House members run for
office every even year (2000, 2002, 2004, etc.) it is theoretically possible for totally
sweep all incumbents from office and begin anew. However, the Senate works
differently. Only 1/3 of the 100 senators stands for reelection every even year
(2004, 2006, 2008, etc.); hence, never will all the Senators be brand new. Each state
has two senators. The one with the longest tenure is the senior senator. The one
with the lesser time in office is the junior senator. Remember, mid-term elections
feature only congressional races (2006, 2010, 2014, etc.) while general elections or
presidential elections feature congressional races and a presidential race (2008,
2112, 2116, etc.) All 435 House members will be running for office regardless of
the election.
224. U.S. Senate must confirm presidential treaties by a 2/3 vote. Presidential
appointees to Supreme Court, Joints Chief, cabinet and positions of ambassador
must receive a simple majority Senate confirmation vote.
225. The House of Representatives impeaches with a simple majority vote and the Senate
conducts the trial and convicts with a 2/3 vote.
226. Via the Judiciary Act of 1789, the Congress formed the judicial branch. The same
Congress (the First) put together the Bill of Rights.
227. According to Article II, the president (chief executive) enforces the laws.
228. The president is directly elected by the Electoral College, not “we, the people.” 270
Electoral College votes are required to win the presidency. As Albert Arnold
Gore, Jr. knows, a candidate can win the popular (we, the people) vote but not win
the presidency. Electors make up the Electoral College. By law, the electors
cannot be members of the House or of the Senate. If they were, the president would
be chosen by the Congress; hence, separation of powers would be violated and
Charles de Montesquieu would roll over in his grave.
229. Executive orders allow presidents the power to make domestic laws, then enforce
said laws.
230. Executive agreements grant president the power to enter into treaties with foreign
heads of state without Senate confirmation.
231. The president is more dependent upon his White House Office/Staff than he is the
cabinet.
232. While the cabinet nominees must be confirmed by a simple majority vote of the
Senate, members of the White House Office/Staff need no confirmation.
233. While there are no term limits for members of the Congress, the 22nd Amendment
limits president to two full terms (ten years an outside possibility – LBJ could have
served ten years).
234. According to Article III, the Judicial branch interprets the laws.
235. The only court in the land to have both original jurisdiction (first time case is
heard) and appellate jurisdiction (case heard second or third time) is the Supreme
Court. Federal District Level Courts can hear only original jurisdiction case (also
only federal courts to have juries) and the Circuit Courts/Courts of Appeals only
have appellate jurisdiction.
236. The Supreme Court has original jurisdiction control over state versus state cases and
cases involving ambassadors.
237. The Supreme Court can accept or reject requests to hear cases on appeal. For an
appellate jurisdiction case to reach the Supreme Court, four justices must agree to
hear the case. This ability to determine which cases will reach the “High Court” is
known as the “Rule of four.” Once the “rule of four” has been reached, a writ of
certiorari is issued and the case is heard.
238. Article IV, the Full Faith and Credit Clause, otherwise known as the Privileges and
Immunities Clause, declares citizens of each state are entitled to the privileges and
immunities of the citizens of every other state. In other words, the contracts of one
state have to be honored by other states. Prior to Loving v.VA, interracial marriage
was legal in thirty-one states and illegal in nineteen. The Supreme Court said the
nineteen were in violation of the Full Faith and Credit Clause. Today, some states
recognize homosexual marriage (Massachusetts, Connecticut, Vermont and Iowa).
None of the remaining states accept these marriages. Ultimately, the Supreme Court
will have to make a determination either honoring the Fourth Amendment and
making homosexual marriage legal or concocting some means of “legally”
circumventing. Remember, Bowers v. Hardwick, declaring homosexual sexual
relations an act of sodomy (1988) was overturned by the Supreme Court’s ruling,
Lawrence v. Texas. Homosexual rights are moving forward despite the misgivings
of large numbers of Latter Day Saints (Mormons), Catholics and African Americans
(their white male moments).
239. According to Article Five, amending the Constitution requires the vote of 2/3 of
both chambers (bicameral) of Congress, House and Senate; 3/4 of the states. As is
often the case, there is an exception to every rule. Article Five also allows
amendments to be added to the Constitution via 2/3 of the state legislatures
followed by approval of three-fourths of the states. This method is truly the
exception to the norm, used only once, the 18th Amendment (no more alcohol);
later overturned by the 21st Amendment.
240. Article Six declared the Constitution to be the highest law of the land. Additionally,
treaty law is high than Supreme Court law which is higher than bills passed by the
Congress and signed into law by the president. The “Founding Fathers” established
a system in which the federal government had limited powers. The federal
government could legally do only that which was expressly stated in the
Constitution. All other powers were reserved for the states and for “we, the
people.” These laws specifically granted the federal government within the
Constitution are expressed/enumerated/explicit powers. The powers reserved the
states are done so via the Tenth Amendment, better known as Reserved Powers
Clause. The Framers’ words were forever changed with Chief Justice John
Marshall’s rendering of McCulloch v. Maryland – developing the Supremacy
Clause, Elastic Clause and Necessary and Proper Clause, expanding
expressed/enumerated and explicit powers to also include
implied/inferred/inherent powers. Later, Presidents Lincoln, FDR, LBJ
and Obama would utilize McCulloch v. Maryland and the Fourteenth
Amendment to further beat back or down the Tenth Amendment’s Reserved
Powers Clause.
241. Article Seven states the Constitution will be ratified should nine states approve.
Ultimately, each of the thirteen ratified the Constitution. Yet, for a while,
ratification was in limbo. Consequently, James Madison, Alexander Hamilton
& John Jay wrote the Federalist Papers to submit to the people of N.Y., to assuage
their fears of a tyrannical/intrusive/oppressive federal government under this new
Constitution. Once New York and Virginia became states nine and ten, the
Antifederalists (Thomas Jefferson, Patrick Henry, George Mason, Sam Adams,
John Hancock, etc.) felt the pressure of unwanted change, hence, worked for a
political compromise – the Bill of Rights to protect the people and the states from
the potentially oppressive/intrusive/tyrannical federal government. Chief Justice
John Marshall, McCulloch v. Maryland (see above) gave life to the
Antifederalists worst nightmares.
242. Under Amendment I, Congress shall make no law respecting an establishment of
religion. This is now known as the Establishment Clause. Under Amendment I,
there shall be no prohibiting of the free exercise of religion, better known as the
Free Exercise Clause. Obviously, these two clauses conflict with each other
leading to a multitude of civil liberties cases making their way to the Supreme
Court. The two most famous of these conflicts include Engle v. Vitale (“kicking
god and Jesus” out of the public schools and Lemon v. Kurtzman leading to the
“lemon law” and the “Wall of Separation”. Under the First Amendment, the
Preferred Doctrine Clause states America’s most cherished freedom is freedom of
speech. WOW, there are so many clauses to remember and, yes, you need to
remember each of the clauses – except Santa! Yet, freedom of speech is not onehundred percent – remember the “original dilemma” of government (rights/liberties
of individual versus the good of society). Freedom of speech cannot endanger the
national security (Lincoln’s Marshal Law and removal of all Constitutional rights,
Schenck v. U.S. (“fighting words”), Smith Act, FDR’s removal of Japanese
Americans from their homes (later supported by the U.S. Supreme Court in
Korematus v. U.S. and George Walker Bush’s Patriot Act) and freedom of speech
will not protect you from yelling fire (when there is no fire) in a crowded
auditorium. Symbolic speech is speech without talking, for example, the burning of
the American flag (Johnson v. Texas) or the wearing of black arm bands to protest
the Vietnam Conflict (Tinker v. Des Moines). But, according to Black v. Virginia,
don’t go burning any crosses. By the way, the burning of draft cards is also illegal.
Bras can be burned! The First Amendment also grants us freedom of the press, the
right to assemble peacefully and the right to petition our government. Prior
restraint, a means of tempering freedom of the press was declared unconstitutional
with New York Times Co. v. U.S. Obscenity is not protected under freedom of the
press, Roth v. U.S. rendered to protect “community standards.”
243. The “bearing of arms” is addressed in the 2nd Amendment. This Amendment is
closely monitored by the National Rifle Association (NRA), an interest group that
has very loosely interpreted the Second Amendment.
244. Never used, the Third Amendment states no soldiers, during a time of peace, can be
quartered in any house without consent of the owner.
245. The Fourth Amendment protects “we, the people” from unreasonable search and
seizure. The classic Supreme Court (selective incorporation) case connected with
the Fourth Amendment is Mapp v. Ohio – evidence gained illegally cannot be used
in a court of law. The exception is if the officer was acting on probable cause.
246. The 5th and Fourteenth Amendments are our “due process clauses.” The Fifth
Amendment protects “we, the people” from a/an oppressive/intrusive/tyrannical
federal government while the Fourteenth Amendment protects us from
oppressive/intrusive/tyrannical state governments. The Fifth Amendment protects
us from double jeopardy, meaning we cannot be put on trial for the same offense
twice.
This Amendment allows us to plead the “Fifth,” meaning we cannot be forced to
testify against ourselves in a court of law. The Fifth Amendment states we cannot
be deprived of life, liberty or property without due process of law. The Fifth
Amendment states that should the government take private property for the public
good (“original dilemma” of government), the government must provide just
compensation – known as imminent domain. Chief Justice John Marshall, in
Baron v. Baltimore, had determined the Bill of Rights, hence Fifth Amendment, to
be protections only against the federal government; however, Chief Justice Earl
Warren, a century and a quarter later, used selective incorporation to force the
states to recognize our first ten amendment rights, an example being Miranda v.
Arizona.
247. The Sixth Amendment assures “we, the people” the right to a speedy and public trial
by an impartial jury and said trial will take place in the state in which the alleged
crime was committed. The Sixth Amendment also states the people have the right to
legal assistance, later interpreted in Gideon v. Wainwright (again, selective
incorporation) to mean a right to legal counsel all the way to the Supreme Court.
248. The Seventh Amendment deals not with one’s rights in criminal court cases, instead,
with one’s rights in civil court cases.
249. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted due to the Eighth Amendment. Furman v. Georgia
(outlawing death penalty since it was judged the penalty was being dispensed in a
discriminatory fashion) and Gregg v. Georgia (death penalty once again made legal
but with provisions that racial discrimination be eliminated) are classic examples of
how selective incorporation was utilized to make certain states could not impose
excessive bails, fines or punishments.
250. The Ninth Amendment, ignored until the twentieth century, protects our right of
privacy. Griswald v. Connecticut, Roe v. Wade (legalizing abortion during the
first trimester) and Lawerence v. Texas (legalizing homosexual sexual relations) are
classic examples of Chief Justices Earl Warren and Warren Burger employing
selective incorporation to make certain that the states had to honor our Bill of
Rights protections.
251. The Tenth Amendment, otherwise known as the Reserved Powers Clause (Oh no,
not another clause!!!!!!) states that powers not delegated to the federal government
by the Constitution, enumerated, expressed/explicit powers, nor prohibited by it to
the states, are reserved to the states or to the people. The Reserved Powers Clause
was designed to protect the states from an oppressive/intrusive/tyrannical
national/federal/central government. The Antifederalists, group including Thomas
Jefferson, Patrick Henry, SAM Adams, George Mason, Lees of Virginia, John
Hancock and others) thought this protection to be sufficient to make certain the
federal government stayed in check. However, Chief Justice John Marshall,
McCulloch v. Maryland’s Supremacy, Elastic, and Necessary and Proper
Clauses seriously dented the power of the Tenth Amendment’s
Reserved Powers Clause. John Marshall’s later decisions, Gibbons v. Ogden
(Emancipation Proclamation of Interstate Commerce) and Fletcher v. Peck,
(judicial review going down the vertical line of government – Court’s power to
declare state laws null and void and the “High Court” interprets said law as being
contradictory to the U.S. Constitution ---- NOT Marbury v. Madison which is
judicial review on the horizontal line (declaring actions taken by Congress and the
president as null and void for said actions were interpreted as unconstitutional)
Collectively,the First Ten Amendments are our Bill of Rights!!!!!
REMEMBER, ACCORDING TO CHIEF JUSTICE JOHN MARSHALL’S
DECISION, BARON V. BALTIMORE, THE BILL OF RIGHTS PROTECTS “WE,
THE PEOPLE” ONLY FROM AN OPPRESSIVE/INTRUSIVE/TYRANNICAL
FEDERAL GOVERNMENT!!!!!!!!!! ACCORING TO HIS RULING, THE FIRST TEN
AMENDMENTS DO NOTHING TO PROTECT US AGAINST UNJUST STATES!!!!!
BETTER THAN A CENTURY LATER, CHIEF JUSTIC EARL WARREN,
UTLIZING SELECTIVE INCORPORATION AS BASED ON THE FOURTEENTH
AMENDMENT (“FEDERAL GOVERNMENT AS GUARANTOR OF MINORITY
RIGHTS”), WOULD TAKE ONE CASE AT A TIME UNTIL ALL AMERICANS
WERE PROTECTED BY BOTH INTRUSIVE/OPPRESSIVE/TYRANNICAL STATE
AND FEDERAL GOVERNMENTS!!!!!!!!!!!!!! HENCE, ROE V. WADE, MAPP V.
OHIO AND MIRANDA V. ARIZONA ARE EXAMPLES OF SELECTIVE
INCORPORATION – DESIGNED AGAIN TO FORCE STATES TO RECOGNIZE
OUR FIRST TEN AMENDMENT PROTECTIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
252. The Twelfth Amendment cemented the Electoral College as the official means of
electing the president. A minimum of 270 electors’ votes is required to win the
presidency. Should no candidate receive 270 votes, the election is thrust into the
House of Representatives. Each state shall have one vote. If the presidential
election is not determined by the Electoral College, the vote for the new vice
president takes place in the Senate.
253. Emancipation Proclamation, freeing of the slaves, occurred with the 13th
Amendment.
254. The amendment most likely to appear on an A.P. Government Exam is the
Fourteenth Amendment. Every civil rights movement (African American,
female, homosexual, special-ed, handicapped, etc. has been based on the
Fourteenth Amendment. The 14th Amendment overturned Dred Scott v.
Sandford, the U.S. Supreme Court decision that had stripped African Americans of
the citizenship and Constitutional rights. With the 14th Amendment, Americans of
African descent once again had citizenship and Constitutional rights. The 14th
Amendment made the federal government the “guarantor of minority rights” by
providing due process laws (neither the federal government nor the state
governments can deprive Americans of life, liberty, or property – deals with
everything in the judicial process, from the moment of first contact with law
enforcement personnel to execution (Miranda v. Arizona, Giddeon v. Wainwright,
Mapp v. Ohio, Gregg v. Furman, etc.). The 14th Amendment made the federal
government the “guarantor or minority rights” by providing equal protection of
the laws – deals with everything not pertaining to the legal justice system (right to
buy a house, attend the college of your choice, getting a job, etc. – Brown v.
Board, Roe v. Wade, Lawrence v. Texas, Martin v. P.G.A.). Hence,
the Fourteenth Amendment is the backbone for selective incorporation or the
“inclusion clause.” With it, 14th Amendment, the Bill of Rights now protects “we,
the people” from oppressive state governments while the Fifth Amendment
protects us from an oppressive federal government.
255. The Fifteenth Amendment, one of three post-Civil War Amendments (13th, 14th and
15th), granted African American males, twenty-one and older, the right to vote,
known as suffrage or having the franchise.
256. With the “dreaded” Sixteenth Amendment, the U.S. Government can legally tax
your personal income.
257. A consequence of the Progressive Era, “we, the people,” were given the right to
directly vote for our U.S. Senators. The 17th Amendment, ended the Framers’
intention of having the U.S. Senators elected by the state legislature/legislators.
With the Seventeenth Amendment, we gained the right to directly vote in or out our
entire Congress.
258. The Eighteenth Amendment is the only Amendment (not including the original ten)
that was not added to the Constitution via the 2/3 vote of the House and 2/3 vote of
the Senate and ¾ vote of the states – the normal procedure for adding amendments.
Instead, the 18th Amendment, designed to end the manufacturing, distribution and
consumption of alcoholic beverages, was added to the Constitution with a 2/3 vote
of the state conventions and a ¾ of the states – also a legal procedure.
259. With the Nineteenth Amendment, women gained the right to vote, franchise or
suffrage. Already granted the franchise by half a dozen states, the 19th Amendment
of 1920 made the U.S. the first major power to empower women in such a fashion.
European nations later granted women the right to vote. Women received the right
to vote (suffrage/franchise) fifty years after males of African descent gained the
right.
260. The Twentieth Amendment moved forward from mid March to Jan., the taking of
the oath of the presidency. This amendment is known as the “lame duck”
amendment. It shortened the time of transition that the president-elect has to learn
of the mess he might encounter; however, it abbreviated the time in which you had a
weak (for example, Congress certainly will not approve any of his Supreme Court
nominees when he, president, is so soon to leave office) president plus a newly
elected president that did not yet have any of the Constitutional powers of the office.
Four months was too long a time to have no power (lame duck) in the White House.
261. The 21st Amendment repealed the ___ Amendment. All amendments except the 18th
had been used to expand rights. Interesting that the only exception to the rule lived
such a brief life.
262. The 22nd Amendment limited the presidency to ___ terms. Under very unusual
circumstances, one may serve as president for ten years. Since its passage in 1951,
only LBJ could have served ten years. There are no term limits for people in
Congress.
263. The 23rd Amendment gave the residents of Washington, D.C. the right to vote in
presidential elections. Also, W.D.C. was received 3 Electoral College votes.
Today, the residents of the District of Columbia have no elective members
representing them in Congress. None in the House of Representatives means “no
taxation without representation” – Patrick Henry is rolling over in his grave.
264. The 24th Amendment removed the Poll Tax, a plan devised during the Jim Crow
Era to strip African American males of their right to vote. The literacy test would be
removed via the Voting Rights Act of 1965, renewed via the Voting Rights Act of
2006.
265. The 25th Amendment was designed to fine tune the movement of a vice presidency
to the presidency, more importantly, to remove a “still living” president who can no
longer carry out the duties of the office. Should a VP move up to the presidency, he
(now president) nominates a new VP with checks and balances – simple majority
vote of BOTH chambers of Congress. When Gerald Rudolph Ford became
president, he chose Nelson Rockefeller to serve as the new VP. Rockefeller
received the necessary simple majority vote for confirmation. To remove a stillliving president from office, the VP and a simple majority of the president’s cabinet
and 2/3 of BOTH chambers of Congress must sign on. No president has been
removed from office in said fashion. However, had this law existed during Thomas
Woodrow Wilson’s presidency (last eighteen months he was comatose), it would
have been utilized.
266. The 26th Amendment granted suffrage, the franchise or the right to vote to eighteennineteen- and twenty-year olds. Unfortunately, Eighteen- to twenty-eight year olds
are the least likely to vote (most often exercised conventional means of political
participation in the U.S.). Interestingly, they are more likely to engage in
nonconventional means of political participation (protesting, burning flags, etc.).
Several states, Georgia being the first, granted 18- to 20- year olds suffrage or the
franchise before the national government did so via the 26th Amendment. Some
state leaders said that if young men were old enough to fight and die for their
country in Vietnam, they should have the right to vote.
267. The 27th Amendment states a congressional pay raise cannot take effect until after
the next election of Representatives.
Liberal vs. Conservative vs. Libertarian
268. Liberals believe that government can be used as a tool to better the lives of
Americans. They believe in “liberal government” which is financed by taxes. A
non liberal would say that liberal programs are similar to a Robin Hood idea of
taking from the rich and giving to the poor. Extreme liberals are called “bleeding-
heart liberals. Included in the rank of strong liberals are FDR (New Deal complete
with Social Security), LBJ (Great Society/War on Poverty complete with
Medicare and Medicaid) and probably B.H. Obama (universal health care?).
Social Security and Medicare are known as the entitlement programs and constitute
fully fifty percent of federal government costs. Liberals are likely to support
Democratic candidates for office. Liberals are more likely to place equality over
liberty/freedom and are more likely to push for an increase of civil rights, even at
the expense of civil liberties.
269. Conservatives believe that government best serves the interests of Americans by
staying out the way – laissez faire. Conservatives maintain that businessmen better
know what is good for American business than does Washington, D.C.
Conservatives believe in equality of oppportunity but not equality of net result.
Conservatives believe in the Protestant/American Work Ethic of “pulling yourself
up by your own bootstraps.” Extreme conservatives are often referred to as “rightwing nut jobs.” Ronald Wilson Reagan served as the classic example of the
extreme conservative. Conservatives are likely to support Republican candidates
for office. Conservatives are more likely to place liberty/freedom over equality
and more likely to push for an increase of civil liberties, even at the expense of
civil rights.
270. Libertarians are extreme conservatives. They believe that government should do
absolutely no more than to protect lives and preserve property, the original intent of
the Founding Fathers. Libertarians believe the Republican party, particularly
under the leadership of George Walker Bush (No Child Left Behind, Prescription
Drugs for the Elderly, bail outs for banks – redistribution of wealth, billions of
dollars to fight AIDs in Africa, spreading democracy in the Middle East, etc.)
has become too similar to the Democratic party, that today, the voters have no real
two-party system, instead, two liberal or Democratic parties.
271. The voluntary surrendering of powers of one branch of government to another is
known as the delegation of powers. This voluntary shifting of power usually moves
from the Congress to the president, hence, serves as a reason for the declining
powers of the legislative branch and the increasing powers of the executive branch –
not what the Founding Fathers had in mind.
272. An example of delegation of powers (Congress to the president) occurred during the
Vietnam Conflict. The Congress delegated its war-making powers (right to declare
war and the right to control the purse strings) with the Tonkin Gulf Resolution, in
essence, giving LBJ total control of the war. This causes an abrupt shift in the
concept of Checks and Balances, a Charles de Montesquieu idea. Congress
realized its error and attempted to regain said lost powers with the War Powers Act.
Richard Milhous Nixon vetoed the bill – a rare override of the veto (2/3 vote of
both chambers) terminated the Tonkin Gulf Resolution and gave life to the War
Powers Act. The War Powers Act still grants the president tremendous powers not
imagined by the Founding Fathers. The president can send any number of troops
anywhere in the world and for any reason for sixty days. The sixty days are utilized
by the Congress to discuss and debate the merits of the president’s actions. If the
Congress agrees with the president, the Congress declares war; otherwise, the
president must return all the troops before another thirty days passes. Additional
example of delegation of powers would be the freedom Congress gave FDR in
fighting the Great Depression with HIS New Deal program.
273. The Congressional Budget and Impoundment Act represents another successful
override of a presidential (Nixon) veto. The Congress repeatedly sent
bills/resolution (in these cases, funded mandate – money accompanies the new
laws forced upon the states); however, Nixon, repeatedly held the money to balance
the budget. Congress said these actions violated the principle of separation of
powers for the president was acting as a legislator.
If the 273 questions left out something of great importance, please let me know.
I will add to the list and bring big smiles to the faces of future students.
Thanks for putting up with me the past six weeks.
I did tell you that you would probably come to detest me during said time.
Yet, I hope the reviews, the sometimes less-than-positive statements and the
Mock/Model/Real A.P. exams, pay off handsomely.
GOOD LUCK AS YOU CONTINUE WITH YOUR LAST MINUTE
PREPS.
Stay loose and knock the socks off the A.P. readers.
Bust apart the A.P. Government Exam.
You are the greatest!
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