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AP US Gov Study Guide
AP US Gov Study Guide
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Topics Tested In 2020 APGOV Exam Topics NOT Tested In 2020 APGOV Exam
Anti-Federalists Federalists
Patrick Henry, George Mason, Samuel James Madison, Alexander Hamilton, John
Adams, “Brutus” Jay, “Publius”, Federalist Papers (duh)
Beliefs
Wanted legislative branch to have more Favored dividing powers among different
power than executive branch branches
Wanted a Bill of Rights added to Constitution Believed Bill of Rights was unnecessary
to protect the rights of citizens
Timeline:
Declaration of Independence → Articles of Confederation → Shay’s Rebellion→ Constitutional
Convention → US Constitution → Bill of Rights
Congress
● Structure and requirements
○ 2 branches
■ House of Representatives
● Currently 435 members
● Must be 25 years old and have been a citizen of the US for at
least 7 years. Must live in the state that they are representing (but
not the district)
● Elected
● Each state split into districts, each of which gets one vote
● 2 year terms
■ Senate
● 100 members (2 for each state)
● Must be at least 30 years old and have been a citizen of the US
for at least 9 years. Must live in the state that they are
representing
● Elected
● 6 year terms
■
Senate House
confirmation
○ Leadership structure
■ House
● Speaker of the House: The elected head of the majority party
○ The only House leader mentioned in the constitution
○ Influences legislative agenda, committee assignments,
scheduling, and the overall party strategy.
● Chairperson of the House Rules Committee
○ *I couldn’t find anything on the “chairperson of the House
Rules Committee”, but I found things on the Committee
chair, and on the House Rules Committee
○ House Rules Committee: Reviews most bills that come
from a House Committee before they go to a full house
■ Members are appointed by the Speaker of the
House
○ Committee Chair: Has a dominant role in scheduling
hearings, hiring staff, appointing subcommittees, and
managing the committee bills on the floor
■ Senate
● President of the Senate: the Vice President
○ Largely symbolic/ceremonial role
● President pro tempore: the person who presides over the senate
when the vice president is not there
○ Largely a symbolic role
○ Hold by the most senior member of the majority party
■ Both
● Majority Leader: Elected leader of the party holding the majority
○ Aides the Speaker of the House
○ Spokesperson of the party
● Majority Whip: The leader who oversees the whip system
○ Works to spread information and promote party unity in
voting
○ Keeps leaders informed
● Minority Leader
● Minority Whip
○ Committees
■ Standing Committees: Committees that are a permanent part of the
House/Senate structure
● Hold more importance/authority than other committees
● Draft legislation and oversee the implementation of their laws
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■ Select Committees: Committees created to address a specific issue for
1-2 terms
● Mostly collect information, provide policy, options, and draw
attention to issues (if an issue has a select committee, it will get
more viewership)
■ Joint Committees: Committees that have members of both the House and
the Senate (though they have limited authority)
● Gather info, provides estimates
● May be temporary
■ Conference Committees: Temporary committees made to negotiate
differences between the House and The Senate versions of a piece of
legislation that has passed in both chambers
● How a bill becomes a law
○ Process
■ A member of congress introduces a bill (via hopper or by presenting it to
the senate)
■ A subcommittee and committee craft the bill (draft)
■ The bill is voted on in the first chamber (this can be the house or the
senate)
■ The bill is voted on in the second chamber (the one that isn’t the first
chamber)
■ A conference committee works out the differences between the Senate
and the House versions (if there are any)
■ The President signs the bill (or vetoes it)
■ If the bill is vetoed, congress needs a ⅔ majority to bypass the veto
○ Limits
■ The House can assign rules to debates when bills make it to the floor,
prohibiting or allowing amendments.
■ ⅔ of both chambers in Congress are needed to override a presidential
veto (works as a check of presidential power)
● Vocabulary
○ Filibuster: A tactic used by senators to block a bill by continuing to hold the floor
and speak until the supporters back down
■ Enabled by the senate rule of unlimited debate
○ Cloture: A procedure that allows the senate to limit the amount of time spent on a
bill (stops filibuster, but needs a supermajority of 60 senators)
○ Closed rule: Prohibits amendments of bills
○ Legislative veto: The rejection of an executive action by a vote in both houses of
congress
○ Discharge petition: A means of forcing a standing committee to give a bill to the
floor in the US House (needs a majority of signatures)
○ Impoundment: Presidential decision to refuse to spend money appropriated by
Congress; limited by Budget Reform Act of 1974
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○ Seniority: The informal rule that a member of a congressional committee will be
the chair of the committee
● Franking privilege & other benefits of incumbents
○ Franking privilege; Congress ability to send mail to constituents without having to
pay for postage
● Constituent services and casework
● Pork barrel legislation, logrolling, earmarks
○ Pork barrel legislation: legislature that benefits its electors (specific constituents)
■ Aiming to win re-election
○ Logrolling: Members of congress support bills (that they might not otherwise) in
exchange for another members support on bills that they deem important
○ Earmarks: Federally funded local projects attached to bills (which are often
unrelated to the project) that are passed through congress
● Senatorial courtesy: The norm that the president consults with their party’s senators for a
given state before the nomination of district judges.
● Congressional caucuses
○ Caucus: An association of congress members to support a political ideology, or
some kind of policy interest
○ Intra-party caucus: Caucus where members share a similar ideology
○ Personal interest caucus: Caucus where members share an interest in an issue
○ Constituency caucus: Caucus established to represent members of a certain
group, region, or both
● Congressional Budget Office: Tells congress the potential consequences of their
economic decisions and forecasts revenues.
● 17th Amendment: Established the direct election of senators (previously they were
elected by state legislatures)
● Divided government: When one party controls the white house, but another controls one
or both houses of Congress
● Demographics of Congress
● Redistricting
○ Process
■ Census is taken every ten years
■ Apportionment occurs, where the House seats are distributed by
population in each district
■ Redistricting occurs: the shape of districts is changed around around in
the company
○ Gerrymandering: Trying to use redistricting to gain a political advantage
(benefiting 1 party, protecting incumbents, changing the proportion of the majority
voters in a district)
● Court Cases
○ Baker v. Carr
■ Established the principle of 1person-1vote (in terms of districting)
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■ Ruled That legislative districts with big differences in population violated
the 14th amendment; redistricting qualifies as a justiciable question
○ Shaw v. Reno
■ 1993 Supreme Court case
■ Called by certiorari
■ Ruled that racial gerrymandering was unconstitutional after NC
redistricted by making two irregularly-shaped majority-minority districts
Executive Branch
● Constitutional requirements for President (Article II)
○ Must be at least 35 years old to run
○ Must be natural-born U.S. citizen
■ Rule made because presidential candidates should be loyal to their
country
○ Must have lived in the U.S. for at least fourteen years
● Federalist No. 70
○ Written by Hamilton
○ Argues in favor of a single executive power with “energy”
○ Argues plural executive makes power easier to abuse and easier to cover up; it
could also lead to dissent and factions
● Amendments
○ 22nd Amendments: Establishes the two term limit for presidents (four years per
term)
○ 25th Amendments: Established the presidential line of succession
● Informal sources of power (Statutory authority)
○ Executive Order, Executive Privilege, Executive Agreements
○ Signing Statement
○ Sending troops to a foreign country without the power to declare war
○ Power to set a legislative agenda and make bureaucracy
● Role of Vice President
○ Largely ceremonial role of presiding over the Senate as President of the Senate,
casting votes in case of a tie
○ Will take over for the president in case of death or incapacitation
● Executive Office of the President
○ Presidential agencies including:
■ Office of Management and Budget (Oversees federal budget)
■ Office of U.S. Trade Representative (Develops trade policies)
○ Established by FDR
● Closest advisors
○ Cabinet
■ Consisting of the 15 executive department heads and any other
presidential appointees
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■ Help to implement the presidential agenda
● White House Press Secretary: White House official that is a spokesperson for the
president; conveys the president’s reactions to global or national events at the time
● Office of Management and Budget, Council of Economic Advisors:
○ Office of Management and Budget: Administers federal budget and oversees
federal agencies
○ Council of Economic Advisors: Agency that provides domestic and foreign
economic advice to the president
● President’s Cabinet: 15 heads of the executive departments and the attorney general
(and anyone else appointed by the president) that work to advise the president and
implement the presidential agenda
○ Includes attorney general and Secretary of State
● State of the Union: Address given by the president every year on the state of a nation as
a whole and plans for the future
● Bully Pulpit: Forms of free communication with the American populace, usually
promoting or demoting teammate members
○ Used to gain mandate
○ Ex. Press conferences, tweeting, etc.
● Mandate of the People: The authority the American public grant to a candidate to act as
the representative of their constituent interests
● Presidential Veto (types and procedure):
○ Veto: After the same version of a bill passes through the House and Senate, it
gets sent to the president. If the president vetoes the bill, a ⅔ majority vote is
needed from each Congressional chamber to override the veto
○ Pocket Veto: If a bill is unsigned for ten days straight and Congress is not in
session, the bill becomes a pocket veto out of irrelevancy; this is a strategy the
president can use when they want to avoid a controversial bill
● Line Item Veto: Type of veto where a president can strike out any specific part of
a bill instead of the bill as a whole
○ Deemed unconstitutional; it was seen as an abuse of presidential power
● Appointment Process:
○ The president can appoint someone to a high-ranking executive position
with the “advise and consent” of the Senate; ⅔ majority of the Senate
needs to agree in order for the appointee to earn the position
○ Appointment power is explicitly stated in the Constitution
● Executive Order, Executive Agreement, Executive Privilege
○ Executive Order: Action issued by the president that can bypass congressional
approval; easily abused; action allowed according to the Vesting Clause of the
Constitution
○ Executive Privilege: Implied presidential power that allows president to withhold
confidential information from other branches of government; eventually limited to
matters of national emergency in United States v. Nixon
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○ Executive Agreements: Agreement between executive branch and foreign
government, can bypass Congress
● Signing Statements: A statement made by the president when a bill is signed into
law explaining the law’s interpretation
● US v. Nixon
○ Context: Nixon tries to argue against the release/use of audio tapes that
were recorded in the Oval Office, claiming “executive privilege”
○ Question: Does the use of “executive privilege” safeguard information and
make it immune from judicial review?
○ Outcome: No, executive privilege is limited to military or diplomatic affairs
○ Impact: Limited the power of the President and executive privilege
● Impeachment:
○ A president or other high-ranking official can be impeached on charges of
treason, high crime, or other high misdemeanors
○ The House drafts the Articles of Impeachment, the grounds
○ The Senate tries the president in a Supreme Court case
○ No president has ever been fully impeached, but three have gone through
the process (Nixon, Clinton, and Trump)
Judicial Branch
● Federalist No. 78
○ Hamilton states that he views the Judicial Branch as the weakest branch
because it does not have power over money or military (pen, purse, and sword)
○ Claims that having very limited restrictions on Justices will allow them to not be
affected by the “ill humors of society”
○ Hamilton views Judicial review as a protection against abuse of power by
congress
● Marbury v. Madison
○ Established the principle of judicial review (declaring congressional and executive
actions unconstitutional)
● Types of Jurisdiction
○ Original Jurisdiction: The jurisdiction of courts that hear a case first.
○ Appellate Jurisdiction: The jurisdiction of courts that hear a case after the losing
party appeals to said court
● Original Intent: The theory that justices should try to interpret the constitution with the
idea that the founding fathers intended when the language is unclear.
● Court Structure:
○ Supreme Court
○ Courts of Appeal
○ District Courts
● What gets a case heard?
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○ Rule of Four: When 4/9 of the supreme court justices agree to hear a case, it is
heard
■ Writ of Certiorari
● Oral Arguments: A spoken presentation by the lawyers of both parties in a court case to
a judge/appellate that outlines their legal arguments
○ Only one lawyer per party, but interest groups can also submit bring a lawyer
● Amicus Curiae Brief: A brief submitted by a third-party interest group or a person who
has relevant issues on the case
● Judicial Conference: A meeting of justices after a case to discuss what happened in the
case.
○ Judges are not supposed to discuss what happens inside of the conferences with
outsiders
● Decisions
○ Majority decision: Court ruling in which more than ½ of the court agrees.
○ Concurring decision: When the writer of the decision agrees with the legal
rationale of the majority decision
○ Minority/Dissenting decision: When the writer of the decision (at least) disagrees
on the legal rationale of the majority decision
● Stare decisis: “Let the decision stand”. Most supreme court decisions are based on
precedents established in earlier cases
● The Court over Time (Chief justices)
○ John Marshall Court: Increased the power of the judicial branch and the national
government
■ Established judicial review (Marbury v. Madison)
■ Expanded Congress’ power under the “necessary and proper” clause by
allowing them to establish the Bank of the United States (McCulloch v.
Maryland)
■ Expanded Congress’ power under the Commerce Clause (Gibbons v.
Ogden)
○ Earl Warren Court: More liberal court. Expanded civil rights, liberties, judicial
power, and federal power
■ Overturned Plessy v. Furguson, giving more civil rights (Brown v. BOE)
■ Established “one person, one vote” (Baker v. Carr)
■ Miranda rights (Miranda v. Arizona)
○ Warren Burger Court: Transitional court, in between liberal Warren and
conservative Rehnquist
■ Expanded right to free press (New York Times v. United States)
■ Expansion of personal rights with abortion rights (Roe v. Wade)
■ Limited the power of the President (United States v. Nixon)
○ William Rehnquist Court: Conservative court, promoted New Federalism
■ Limited the role of the federal government by preventing the passage of
gun laws (gun free school zone act) under the 2nd Amendment (United
States v. Lopez)
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■ Ruled that redistricting could not be done on the basis of race (Shaw v.
Reno)
○ John Roberts Court: Era of judicial restraint
■ McDonald v. Chicago
■ Expanded the role of the federal government by giving it control over a
power that was “previously reserved for the states” (Obergefell v. Hodges)
● Judicial Activism: The idea that the supreme court should assert its interpretation of the
law, even if it overruled the policy of the elected president or congress
● Judicial Restraint/ Conservative Activist: The idea that the supreme court should defer to
the elected executive and legislative branches of government, instead of contradicting its
existing laws.
Bureaucracy
● Constitutional basis
○ Article II references “executive departments”
● Organization
○ Cabinet Departments
■ Under the executive branch (?)
■ 15 Cabinet Departments (each headed by a cabinet secretary that is
appointed by the president and approved by the senate)
■ Each department has a specialty, and is an “expert” in that area
■ Each department has its own budget
○ Independent Executive Agencies (CIA, GSA, NASA)
■ Established by congress outside of executive branch
■ Given a specific mandate
● Typically do a service function (not a regulatory one)
○ Independent Regulatory Agencies (FTC, FDA, FCC, OSHA, EPA, CPSC, FEC)
■ Regulatory agencies that are independent from the executive branch and
congress
■ Regulate a specific economic interest or activity
■ Once appointed and seated, members can not be removed without cause
○ Government Corporations (Amtrak, FDIC, TVA, Postal Service)
■ Government owned businesses created by congress
■ Government services that could/would otherwise be carried out by
corporate companies who would ask for money in return for those
services.
■ May or may not be profitable
■ Serve a public need
● Relationship to other branches & Limitations in implementation
○ Relationship to other branches
■ The president elects the heads of cabinet departments
■ Congress establishes independent executive agencies
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○ Limitations in implementation
● Iron Triangle
○ The collaboration of interest groups (ideas and expertise), bureaucratic
departments/agencies (enforcement), and congressional committees (bills/laws)
to develop policy
● Pendleton Civil Service Act (1883)
○ Established a federal civil service (a system of hiring and promotion based on
merit to create nonpartisan government service) so that employees were decided
based on merit instead of patronage
● Hatch Act (1939)
○ A Federal law that prohibits federal employees in the executive branch from
participating in partisan politics (later amended to only apply while in the
workplace)
○ Exception for the president and some higher ups
Unit 3 Vocab
● Civil Liberties: Rights of citizens that can not be infringed upon by the government.
○ Guaranteed by the Bill of Rights
● Civil Rights: Citizens right to equal treatment under the law
○ Protects people from discrimination based on things such as race or gender
● Selective Incorporation: The process through which the Supreme Court has made
some Constitutional Amendments, but not all, apply to the states
● Fundamental Freedoms: Freedoms the Court has decided that can only be taken away
in very special circumstances (speech, press, etc.)
● Writ of Habeas Corpus: A judge issues this to the police to ensure prisoner is being
held for just reasons, relates to the right to know the crime one has been accused of
● Clear and present danger test: Draws the line between protected and unprotected
speech, ex. shouting “Fire” in a crowded theatre
● Libel: False written speech
● Slander: False spoken speech
● Miranda Rights: Statement that must be made by the police informing an arrested
person of his/her 5th and 6th Amendment rights
● Exclusionary Rule: Prohibits use of illegally obtained evidence at a trial but with some
exceptions: if the police think the warrant was legal but it actually wasn’t then it is still
allowed or if the evidence was going to be found anyways
● Right to Privacy: Not specifically in the Constitution, orginally about birth control and
abortion but now extends to the internet
● Black Codes: Laws denying owed freedom to black people in the early 1900s
● Jim Crow Laws: Laws enacting segregation from the 1920s-1960s
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● Poll Tax: A tax to be paid before a person can vote, discriminatory to poorer black
people
● Grandfather Clause: A clause allowing people to vote only if their grandfather could
vote or if they could pass a wealth or literacy test
● Affirmative Action: Policies designed to give special treatment to members of a
previously disadvantaged group
Foundational Documents
● Declaration of Independence:
○ Formally declared 13 colonies independent
○ Provided philosophical justification for the break
■ Natural Rights not given to colonists by England, government is
supposed to protect these rights
■ This gives the citizens the right to overthrow the government
○ Establishes “consent of the governed” (John Locke) aka popular
sovereignty
■ Governmental power is based on the people, not some God
● Articles of Confederation
○ Articles of Confederation served as the first constitution of the United
States. This document officially established the government of the union of
the thirteen states. It was written because the colonies knew they needed
some form of official government that united the thirteen colonies. They
wanted to have written down rules that all the states agreed to. The
Articles allowed the Congress to do things like raise an army, be able to
create laws, and print money.
○ Forms a loose coalition of the states
○ States are still sovereign though and hold the real power
○ Unicameral legislature without the power to tax or regulate interstate
commerce (very weak)
○ Proved to be ineffective by Shays Rebellion
● US Constitution
○ Philosophies of the Founding Fathers
■ By human nature, people are driven by self-interest
■ Political conflict causes the development of political factions
■ The purpose of government is to protect the rights of the people
and to keep the power of political factions in check (prevent
overpowering majority)
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■ Government must be balanced with a system of separation of
powers
○ Compromises during the Constitutional Convention
■ Representation in Congress
● Virginia Plan (Large State Plan)
○ Bicameral legislature (2 houses)
○ Representation based on population
● New Jersey Plan (Small State Plan)
○ Unicameral legislature (1 house)
○ Each state has equal representation
● Connecticut Compromise (Great Compromise)
○ Bicameral legislature
○ Upper house (Senate) has 2 representatives per
state, regardless of population
○ Lower house (House of Representatives) based on
state population
■ Slavery
● Originally, slavery was protected (the debate is if slaves
should be counted in the state population for representation
in the HoR)
● 3/5th Compromise
○ Slaves count as 3/5 of a person when deciding
representation
○ Gives south more power
● Slave trade allowed to continue until 1808
○ Other
■ Voting requirements determined by the states
■ Congress given tremendous economic power
● Tax
● Declare war
● Individual Rights
● Originally did not have much about personal freedoms (state
constitutions protected individual rights)
○ Exceptions
■ Writ of habeas corpus (right of a prisoner to
know reason of being detained) cant be
suspended except during war
■ Bills of attainder are prohibited (no punishment
without trial)
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■ Ex post facto laws banned (cant punish people
if what they did was legal when they did it)
■ No religious qualifications for political office
■ Criminal defendants entitled to a jury trial
■ Treason was narrowly defined
■ The Madisonian Model
● Framers were suspicious and fearful of the power of the
majority
● Restricted control of the majority
○ The following are not directly elected by the people
■ The President (electoral college)
■ Senators (elected by state legislature, later
changed w/ 17th Amendment)
■ Judges (elected by the president)
○ House of Representatives are the only ones elected
directly by the people in the original constitution
● Not a direct democracy (the people do not vote on issues,
instead electing representatives that decide on issues on
their behalf)
○ Instead is a republic (based upon “consent of the
governed”)
● Separation of powers
○ 3 branches (executive, legislative, judicial)
● Checks and Balances
● Federal system
○ Power divided between the national and state
governments (federalism)
○ Important Constitutional Clauses
■ “Commerce Clause”
● Government has sole power to regulate interstate commerce
● This is later interpreted loosely to greatly expand the federal
government’s power
■ “Necessary and Proper Clause”
● Congress can regulate anything that is needed to enforce
the powers it has been given (aka Elastic Clause)
■ “Supremacy Clause”
● Federal government and Constitution are supreme to state
governments and constitutions
■ “Full Faith and Credit”
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● States must give “full faith and credit” to the governments
(esp. courts) of other states
● Bill of Rights
○ Anti-Federalists fought hard to have it specifically included
○ The Supreme Court has ruled that most apply to the states as well but not
all
○ Contains the first 10 amendments to the Constitution
1. Freedom of speech, press, assembly, and religion
a. Example court case: Tinker v. Des Moines Independent Community
School District
2. Right to bear arms (Not incorporated to the states)
a. Example court case: District of Columbia v. Heller
3. No forcing soldiers to live in private homes
a. Example court case: Engblom v. Carey
4. Protects against unreasonable search and seizure (warrants)
a. Example court case: Mapp v. Ohio
5. Due process of law (no double jeopardy, civil forfeiture must be
justly compensated, no self-incrimination)
a. Also provides a Grand Jury to decide if there is enough
evidence to proceed with a serious criminal case, this is not
the guilty/not guilty jury
b. Miranda Rights Part 1
6. Speedy and public trial, right to a guilty/not guilty jury, must be
informed of charges
a. Legal counsel is provided free only in criminal cases, used to
be not at all
b. Miranda Rights Part 2
7. Jury trial in federal cases too
8. Excessive bail, cruel and unusual punishment
a. Example court case: United States v. Bajakajian
9. People also have other rights not explicitly mentioned in the Bill of
Rights, example could be the right to brush one’s teeth
10. Powers not expressly delegated to the government are reserved for
the states or people
● Other Important Amendments
○ These are only the most important, the ones that were skipped are VERY
unlikely to come up especially without multiple choice
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○ 12. Vice-President is now voted for independently of the President rather
than the Presidential candidate with the 2nd most votes (in response to
the 1804 election where the old system fell apart)
○ 13. Banned slavery
○ 14. Made slaves citizens
■ “Equal Protection Clause”
● States must apply their laws equally to all citizens and
cannot discriminate
■ “Citizenship Clause”
● All persons born in the United States (ex. slaves) are citizens
of the country and the state
○ 15. Male citizens can vote regardless of race or previous slave status
○ 16. Federal government can issue an income tax (previously only tariffs
and excise taxes)
○ 18. Prohibition begins
○ 19. Women can vote
○ 21. Prohibition ends
○ 24. Bans poll taxes (in effect this is the civil rights amendment)
● Brutus 1
○ Argued against the Federalist Papers/Constitution
○ Thought the new government would seize powers from the states and
abuse them
○ Stated the US Constitution (esp. Supremacy Clause) made state
constitutions and legislatures useless
○ Argued the US was too big and diverse to be ruled by a single government
○ In favor of Participatory Democracy
● Federalist 10
○ In support of the Constitution
○ Factions (interest groups/political parties) are very bad for democracy
■ “Tyranny of the Majority”: A large enough group will take away the
liberties of the minority
○ Stated it is impossible to remove factions so their effects must be
controlled
■ Big country/government = many factions so none have a majority
■ Direct democracy is too easily swayed by factions, in favor of
Pluralist Democracy with representatives instead
● Federalist 51
○ In support of Constitution
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○ Describes how Separation of Powers and Checks and Balances will
prevent abuse by the government
■ Each branch has an incentive to prevent the others from taking too
much power, make the ambition and greed of men work against the
ambition and greed of others
○ Legislative branch needs to be bicameral to not be too powerful compared
to others, Presidential veto is also needed
● Federalist 70
○ Having a single, “energetic” leader representing the country is important
■ Multiple executives would lead to conflict and slow responses to
emergencies
■ President must not appear feeble because that makes the rest of
the government appear feeble
● Federalist 78
○ Federal justices should have lifetime appointments
■ If they have to be re-elected, they will decide cases in accordance
with popular opinion rather than purely on merit
■ Would also make them unlikely to strike down popular laws that go
against the Constitution
○ This is not giving them too much power because they are still the weakest
branch in spite of this
■ Judicial branch requires the executive to enforce its decisions
which especially at the time did not seem to be a sure thing
○ Supreme Court will be able to put the Constitution first over anything else
○ This is the first mention of judicial review (not in Constitution)
● MLK’s Letter From a Birmingham Jail
○ Describes why he felt it necessary to fight against discrimination in cities
other than his home (some felt he was an outsider just causing violence)
■ Segregation is a “shared fate”, cannot be solved by just locals when
locals are so outnumbered
■ Protesters were not agitating, but rather bringing attention to
tension that was already there
○ Argued for non-violent action to bring change
■ Calls for civil disobedience (sit ins, marches, etc.)
○ Gave examples of many of the injustices faced by African-Americans at
this time
■ Is arguing that America is failing to live up to its founding principles
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Disclaimer: This is not necessarily good writing, but it is the writing style that will maximize
your score in the most efficient manner.
INTRODUCTION PARAGRAPH
Your introduction should begin generally and gradually become more specific. The last
sentence in your introduction is your thesis statement
Context (1-2 Sentence): Place your argumentative topic in the context of American
Government: Example: There is much debate among political scientists as to which model
of representation best fits the intentions of the Founding Fathers.
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Thesis (last sentence): The thesis statement serves as the controlling idea of your essay,
expresses your argument, and outlines the structure of your essay. It provides DIRECTION
and FOCUS. To construct an effective thesis, use the following equation:
A claim about a specific subject + establish a line of reasoning + connect to forthcoming
evidence= an effective thesis statement
Example: Although all representation models have some validity, the elite model best
demonstrates the intentions of the Founding Fathers’(subject) to ensure stability by limiting
the participation of the people (line of reasoning), as the Federalist Papers and Constitution
verify. (connect to evidence).
Hint: Use a D.E.B.R.A.H.’s word in your thesis to frame your argument. Despite, Even
Though, Because, Regardless, Although, However, Since
Evidence (1-2 sentences): Evidence helps to prove the claim is true. It offers historical facts,
data, or specific information learned in class, from the Foundational Documents, or other
credible resources. It is summarized, paraphrased, or directly quoted from historical
evidence. DESCRIBE what in the evidence is relatable to the topic.
Example: In the Federalist No. 10, Madison argues that a republican form of government is
more effective than a pure democracy for a variety of reasons. By republican government,
Madison means elected representatives should make policy decisions, rather than citizens
making policy decisions directly. Madison fears that ordinary people with direct say will be
consumed by passions and factionalism, leading to poor government decisions.
Commentary/Reasoning (1-2 Sentences): This piece of your writing explains how the
evidence supports the claim of the paragraph, which supports the larger argument in your
thesis; it provides the connection between the idea and the evidence. These sentences typical
begin with “this shows, this proves, this demonstrates, etc.” and follows with a word like
“because,” since that will FORCE you to explain why your evidence supports your
argument.
Example: This shows that Madison does not believe ordinary citizens are qualified enough
to make decisions themselves and instead must rely on elites to make policy decisions for
themselves. Madison believes this will reduce the problems with factions paralyzing the
government, but it comes at the cost of citizens’ voices in the democratic process. If
ordinary citizens should rely on political elites, Madison clearly promotes the elite model of
representation.
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Evidence (1-2 sentences): Evidence helps to prove the claim is true. It offers historical facts,
data, or specific information learned in class, from the Foundational Documents, or other
credible resources. It is summarized, paraphrased, or directly quoted from historical
evidence. DESCRIBE what in the evidence is relatable to the topic.
Example 1: The elite model of representation is on display in terms of how the president is
elected. The President is not elected directly by the people, but instead through an
intermediary body of unelected electors typically chosen in a “winner take all system.”
OR
Example 2: The elite model of representation is on display in terms of how Senators, prior
the 17th amendment, were not even elected by the people directly, but instead chosen by
state legislatures.
.
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Commentary/Reasoning (1-2 Sentences): This piece of your writing explains how the
evidence supports the claim of the paragraph, which supports the larger argument in your
thesis; it provides the connection between the idea and the evidence. These sentences typical
begin with “this shows, this proves, this demonstrates, etc.” and follows with a word like
“because,” since that will FORCE you to explain why your evidence supports your
argument.
Example 1: The winner take all system of electors ensures that minority voices in
presidential elections have no bearing on the decision. For example, Hillary Clinton
received 3 million more votes than Donald Trump, but still lost the election. The Electoral
College was designed by the Founders to void a candidate viewed as dangerous, which
would go against the will of the people expressed through a direct election.
OR
Example 2: The Founding Fathers intended the Senate to be the more prestigious of the two
chambers of Congress, as demonstrated by their confirmation powers and longer terms. The
Founding Fathers deemed the Senate too important to allow the people to directly choose
Senators, which is why it was originally left to state legislatures.
Explain why your ideas are significant (1 sentence): Justify why this essay was worth
reading
Reflect on the implications of your ideas (1-2 sentences): This is your last chance to
convince the reader why your argument is important
7 Total Points:
Thesis 1 point
-Articulate a defensible claim or thesis that responds to the question and establishes a
line of reasoning (0–1 point)
terms and drill them in your brain. Might seem like a lot but trust me, it’s really helpful!)
Democracy – Government by the people, both Constitutionalism – The set of arrangements,
directly or indirectly, with free and frequent including checks and balances, federalism, separation
elections. of powers, rule of law, due process, and a bill of
rights, that requires our leaders to listen, think,
bargain, and explain before they act or make laws.
Direct democracy – Government in which citizens We then hold them politically and legally
vote on laws and select officials directly. accountable for how they exercise their powers.
Representative democracy – Government in which Statism – The idea that the rights of the nation are
the people elect those who govern and pass laws; also supreme over the rights of the individuals who make
called a republic. up the nation.
Constitutional democracy – A government that Popular consent – The idea that a just government
enforces recognized limits on those who govern and must derive its powers from the consent of the people
allows the voice of the people to be heard through it governs.
free, fair, and relatively frequent elections.
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Majority rule – Governance according to the legislature in which each state would be represented
expressed preferences of the majority. equally.
Majority – The candidate or party that wins more Connecticut Compromise – Compromise agreement
than half the votes cast in an election. by states at the Constitutional Convention for a
bicameral legislature with a lower house in which
representation would be based on population and an
Plurality – Candidate or party with the most votes upper house in which each state would have two
cast in an election, not necessarily more than half. senators.
Initiative – Procedure whereby a certain number of Executive privilege – The power to keep executive
voters may, by petition, propose a law or communications confidential, especially if they relate
constitutional amendment and have it submitted to to national security.
the voters.
Writ of mandamus – Court order directing an official Marble cake federalism – Conceives of federalism as
to perform an official duty. a marble cake in which all levels of government are
involved in a variety of issues and programs, rather
than a layer cake, or dual federalism, with fixed
Impeachment – Formal accusation by the lower divisions between layers or levels of government.
house of the legislature against a public official, the
first step in removal from office.
Competitive federalism – Views the national
government, 50 states, and thousands of local
governments as competing with each other over ways
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to put together packages of services and taxes. Commerce clause – The clause in the Constitution
Applies the analogy of the marketplace: we have (Article 1, Section 8, Clause 1) that gives Congress
some choice about which state and city we want to the power to regulate all business activities that cross
“use”, just as we have choices about what kind of state lines or affect more than one state or other
telephone service we use. nations.
Permissive federalism – Implies that although Federal mandate – A requirement the federal
federalism provides “a sharing of power and government imposes as a condition for receiving
authority between the national and state governments, federal funds.
the state’s share rests upon the permission and
permissiveness of the national government.”
Concurrent powers – Powers that the Constitution
gives to both the national and state governments,
“Our federalism” – Championed by Ronald Reagan, such as the power to levy taxes.
presumes that the power of the federal government is
limited in favor of the broad powers reserved to the
states. Full faith and credit clause – Clause in the
Constitution (Article 4, Section 1) requiring each
state to recognize the civil judgments rendered by the
Unitary system – Constitutional arrangement that courts of the other states and to accept their public
concentrates power in a central government. records and acts as valid.
Express powers – Powers the Constitution Interstate compact – An agreement among two or
specifically grants to one of the branches of the more states. Congress must approve most such
national government. agreements.
Implied powers – Powers inferred from the express National supremacy – Constitutional doctrine that
powers that allow Congress to carry out its functions. whenever conflict occurs between the constitutionally
authorized actions of the national government and
those of a state or local government, the actions of
Necessary and proper clause – Clause of the the federal government will prevail.
Constitution (Article 1, Section 8, Clause 3) setting
forth the implied powers of Congress. It states that
Congress, in addition to its express powers has the Preemption – The right of a federal law or a
right to make all laws necessary and proper to carry regulation to preclude enforcement of a state or local
out all powers the Constitution vests in the national law or regulation.
government.
Project grants – Congress appropriates a certain sum, Total and Partial Preemption - A technique of
which is allocated to state and local units and Congress to establish federal regulations. Total
sometimes to nongovernmental agencies, based on preemption rests on the national government's power
applications from those who wish to participate. under the supremacy and commerce clauses to
Examples are grants by the National Science preempt conflicting state and local activity. Building
Foundation to universities and research institutes to on this constitutional authority, federal law in certain
support the work of scientists or grants to states and areas entirely preempts state and local governments
localities to support training and employment from the field. Sometimes federal law provides for
programs. partial preemption in establishing basic policies but
requires states to administer them. Some programs
give states an option not to participate, but if a state
Block grants – These are broad state grants to states chooses not to do so, the national government steps in
for prescribed activities—welfare, child care, and runs the program. Even worse from the state’s
education, social services, preventive health care, and point of view is mandatory partial preemption, in
health services—with only a few strings attached. which the national government requires states to act
States have greater flexibility in deciding how to on peril of losing other funds but provides no funds
spend block grant dollars, but when the federal funds to support state action.
for any fiscal year are gone, there are no more
matching federal dollars.
Creative federalism – During the Great Society, the
marble cake approach of intergovernmental relations.
Direct orders – A technique of Congress to establish
federal regulations. Direct orders must be complied
with under threat of criminal or civil sanction. An Fiscal federalism – Through different grant programs,
example is the Equal Employment Opportunity Act slices up the marble cake into many different pieces,
of 1972, barring job discrimination by state and local making it even more difficult to differentiate the
governments on the basis of race, color, religion, sex, functions of the levels of government.
and national origin.
Redistricting – The redrawing of congressional and Open rule – A procedural rule in the House of
other legislative district lines following the census, to Representatives that permits floor amendments
accommodate population shifts and keep districts as within the overall time allocated to the bill.
equal as possible in population.
Safe seat – An elected office that is predictably won Hold – A procedural practice in the Senate whereby a
by one party or the other, so the success of that senator temporarily blocks the consideration of the
party’s candidate is almost taken for granted. bill or nomination.
Incumbent – The current holder of the elected office. Filibuster – A procedural practice in the Senate
whereby a senator refuses to relinquish the floor and
thereby delays proceedings and prevents a vote on a
Bicameralism – The principle of a two-house controversial issue.
legislature.
Party caucus – A meeting of the members of a party Standing committee – A permanent committee
in a legislative chamber to select party leaders and to established in a legislature, usually focusing on a
develop party policy. Called a conference by the policy area.
Republicans.
Earmarks – Special spending projects that are set Override – An action taken by Congress to reverse
aside on behalf of individual members of Congress the presidential veto, requiring a two-thirds majority
for their constituents. in each chamber.
Seniority rule – A legislative practice that assigns the Parliamentary system – A system of government in
chair of the committee or subcommittee to the which the legislature selects the prime minister or
member of the majority party with the longest president.
continuous service on the committee.
Pocket veto – A veto exercised by the president after Inherent powers – Powers that grow out of the very
Congress has adjourned; if the president takes no existence of government.
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State of the Union Address – The president’s annual Mandate – A president’s claim of broad public
statement to Congress and the nation. support.
Impeachment – Formal accusation against a president Cycle of decreasing influence – The tendency of
or other public official, the first step in removal from presidents to lose support over time.
office.
Implementation – The process of putting a law into Criminal law – A law that defines crimes against the
practice through bureaucratic rules or spending. public order.
Administrative discretion – Authority given by Civil law – A law that governs relationships between
Congress to the Federal bureaucracy to use individuals and defines their legal rights.
reasonable judgment in implementing the laws.
Rule-making process – The formal process for Defendant – In a criminal action, the person or party
making regulations. accused of an offense.
Uncontrollable spending – The portion of the Federal Plea bargain – Agreement between a prosecutor and a
budget that is spent on programs, such as Social defendant that the defendant will plead guilty to a
Security, that the president and Congress are lesser offense to avoid having to stand trial for a more
unwilling to cut. serious offense.
Senatorial courtesy – Presidential custom of Ex post facto law – Retroactive criminal law that
submitting the names of prospective appointees for works to the disadvantage of a person.
approval to senators from the states in which the
appointees are to work.
Bill of attainder – Legislative act inflicting
punishment, including deprivation of property,
Judicial restraint – Philosophy proposing that judges without a trial, on named individuals or members of a
should interpret the Constitution to reflect what the specific group.
framers intended and what its words literally say.
Opinion of the Court – An explanation of the Free exercise clause – Clause in the First Amendment
decision of the Supreme Court or any other appellate that states that Congress shall make no law
court. prohibiting the free exercise of religion.
Dissenting opinion – An opinion disagreeing with a Bad tendency test - Interpretation of the First
majority in a Supreme Court ruling. Amendment that would permit legislatures to forbid
speech encouraging people to engage in illegal
Concurring opinion – An opinion that agrees with the action.
majority in a Supreme Court ruling but differs on the
reasoning. Clear and present danger test – Interpretation of the
First Amendment that holds that the government
cannot interfere with speech unless the speech
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presents a clear and present danger that it will lead to Natural rights - The rights of all people to dignity and
evil or illegal acts. worth; also called human rights.
Preferred position doctrine – Interpretation of the Affirmative action – Remedial action designed to
First Amendment that holds that freedom of overcome the effects of discrimination against
expression is so essential to democracy that minorities and women.
governments should not punish persons for what they
say, only for what they do.
Women’s suffrage – The right of women to vote.
De jure segregation – Segregation imposed by law. Restrictive covenant – A provision in a deed to real
property prohibiting its sale to a person of a particular
race or religion. Judicial enforcement of such deeds is
De facto segregation – Segregation resulting from unconstitutional.
economic or social conditions or personal choice.
Cheat Sheets:
27 Page Study Guide
155 Page Textbook Summary
488 Page Instructor’s Manual to Government in America
a. The filibuster allows a senator to delay legislation on a particular bill. Rules Committee: manages
the flow of legislation by making it easier to pass bills. The conference takes into account
differences in an bill from both houses and gets rid of them
b. Ability to give bureaucracy funding. Can stop the growth of the bureaucracy if Congress doesn’t
like what they’re doing.. Can give less funding to them
c. Needs more time and resources on the legislation
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Thesis: Federalism is a term that is defined by a transfer of powers and responsibilities from the national/central
government to local governments. By having this system in place, local governments are represented almost the
same as the central government. This leads to a controversial question in which expanded powers actually benefit
policymaking at the national government level. Although there can be many claims against the fact that the powers
of the national government increasing overtime are not beneficial, it is safe to conclude that having expanded
powers of the national government actually increases policymaking, as clearly supported by the Articles of
Confederation and Federalist #10
BP1: The Articles of Confederation support the fact that the national government having expanded powers is
beneficial to policy making. The AOC was the first written Constitution of the US. However, this document served as
a 'gateway' to a lot of problems and potholes the AOC had. It formed a loose coalition of the states that excluded the
power of the national government. This means that states are sovereign and hold real power. This proved to be very
weak because it was a unicameral legislature without the power to tax or regulate interstate commerce, for example.
Also, the AOC proved to be ineffective by Shays Rebellion. The AOC is related to the benefit of having expanded
powers of the national government because without having a strong central government, the country becomes very
weak. The AOC was designed to be suitable for state ruling, not central government ruling. This proved to be very
detrimental as it caused a myriad of problems for everyone. Overall, the failure of the AOC proves that the national
government should have expanded powers because it works economically and politically. By having the states have
more power, nothing would be done.
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BP2: Moreover, the foundational document, Federalist #10 written by James Madison, strongly supports the idea
that the national government should have expanded powers. In summary, Federalist #10 mainly concerned the idea
of factionalism (interest groups/political parties) and how they are very bad for a democracy to thrive. Fed #10
brought upon the idea of a "Tyranny of the Majority", in which if there's a large enough group to form, it would take
away the rights of the minority. Even though these factions are bad, it is impossible to remove factions so their
effects must be controlled. Also, this shows how the founding fathers rejected direct democracy and factionalism.
Although Federalist #10 doesn't directly state that the national government has expanded powers is a good thing for
policy making, it can be implicitly inferred that states having expanded powers is not a good thing at all. Let's
imagine states as the factions and the national government as the overarching govt. The states would have more
power and make decisions that would only be detrimental to the country. Because the US has such a large
government, having these many factions (in this case, states) causes no one to have a majority. So all in all, by
imagining states as factions, we can clearly see that the national government should only be the ones with expanded
powers.