Summarized from Princeton Review

US GOVERNMENT SUMMARIZED FROM PRINCETON REVIEW I. LIMITED GOVERNMENT- What the U.S. has; constitutional government is a form of this. Other limited governments included England, which has a parliamentary government. A. limited governments in history: Athens (600 BC to 35 BC) and Roman Republic B. 1st precedent: Magna Carta (1215), which limited the power of the British monarchy; followed by British Bill of Rights (1689), which included many provisions included in US Bill of Rights C. British law also limited by common law D. Opposite of limited government is totalitarianism- absolute monarchy, autocracy (single person), fascist dictatorship, oligarchy (small group of people), aristocracy E. Types of limited government: confederation (states have majority of power); parliamentary government (no separate branches; executive is member of legislature; little power at state level); federal government (power shared between national government and state governments) II. REPRESENTATIVE GOVERNMENT- the US is a representative government- not a direct democracy (people vote on policies- ex: New England town meeting). A. Precedent: British government- bicameral (House of Commons, House of Lords) B. 1619-Virginia- House of Burgesses- any property-holding white male could vote C. 1620—Mayflower Compact (consent of governed) III. ENLIGHTENMENT ERA- A.K.A. AGE OF REASON A. Thomas Hobbes- Leviathan- very pessimistic but began idea of social contract B. John Locke: Two Treatises on Civil Government. 1. People born with natural rights: life, health, liberty, property 2. Function of government is to protect those rights 3. People can end government if it doesn’t do its job 4. Called this the social contract 5. Argued for series of checks and balances, freedom of religion C. Montesquieau- idea of three branches of government D. Rousseau- idea of rights of common people IV. HISTORICAL BACKGROUND OF CONSTITUTION A. French and Indian War-1756-1763- incurred huge debts for England which led to taxes B. Proclamation of 1763- prohibited colonists from settling west of Appalachians (repealed 1766) C. Sugar Act of 1764- 1st English tax on colonies to generate revenue for England; also established Vice-Admiralty Courts (defendants not tried by peers) D. Currency Act of 1764- No paper money issued by colonies E. Stamp Act of 1765- taxed newspapers, legal documents, etc. “No taxation without representation”- ridiculed by British who used theory of virtual representation. Caused such furor it was repealed before it took effect F. Declaratory Act of 1766- declared England could tax colonists G. Townshend Acts of 1767- taxed goods imported from Britain; led to boycott, which led to repeal of taxes H. Boston Massacre (1770)- March 5- killed 5; greatly angered colonists (soldiers successfully defended by John Adams) I. Boston Tea Party- East India Tea Company given a monopoly- dumped into Boston Harbor by colonists disguised as indians J. Coercive Acts (Intolerable Acts)- English response to Boston Tea Party; closed Boston Harbor; led to establishment of Committees of Correspondence K. First Continental Congress (1774)- Goals to list American grievances, develop strategy for addressing problems, dealing with Britain. Established Committees of Observation to enforce boycott that in time replaced local government- major step towards independence. L. Battles of Lexington and Concord (1775)- English dispatched to Concord, MA to confiscate weapons- confronted by Minutemen in Lexington. Redcoats defeated. M. Second Continental Congress (1775)- Established Continental Army, printed money, organized government N. Common Sense- Thomas Paine- advocated colonial independence O. Declaration of Independence (1776)- written largely by Thomas Jefferson- draws heavily on Locke. V. ARTICLES OF CONFEDERATION A. State governments largely the same as colonial governments (British officials replaced). B. Articles drafted by Second Continental Congress in 1777 C. Government under Articles: 1. Unicameral legislature with one vote per state; 2/3 majority required to pass a law 2. National government had power to borrow money, declare war, oversee foreign policy and army and navy 3. Most other powers given to states

1 4. Amendments required unanimous approval of states D. Articles ratified in 1781; US governed by Articles until 1787 E. Accomplished under Articles: 1. Negotiated peace with Britain and commercial treaties 2. Land Ordinance of 1785, which set procedure for settling Ohio Valley 3. Northwest Ordinance of 1787- set procedure for becoming state 4. Set precedent for federalism F. Failures of Articles 1. No separate executive or judiciary 2. No power to tax- had to rely on states for funds 3. Couldn’t regulate trade 4. Lack of national currency VI. CONSTITUTIONAL CONVENTION- 1787 A. Representation in legislature: Virginia Plan (2 houses based on population); New Jersey Plan (1 house with equal representation) Connecticut Compromise- AKA “Great” Compromise: 2 houses, 1 based on population and 1 with equal membership. B. Slavery: 3/5 Compromise; no ban on slave importation until 1808 C. Tariffs: Govt. could tax imports but not exports D. Ratification: Federalists (pro-Constitution) vs. Antifederalists (anti-Constitution)- resulted in The Federalist Papers (written by Hamilton, Madison, and John Jay). Opposition remained strong until promise to add Bill of Rights. Constitution ratified in 1788; Bill of Rights ratified in 1791. VII. FEDERALISM A. Delegated (Enumerated) Powers- powers given to federal government- printing money, regulating interstate and international trade, making treaties and conducting foreign policy, declaring war B. Reserved Powers: According to 10th Amendment powers not given to federal government are reserved to states; includes power to issue licenses (marriage, drivers, etc.), regulation of intrastate businesses C. Concurrent Powers: Shared by federal and state governments; includes powers to collect taxes, build roads, operate courts of law, borrow money Powers denied the federal government Powers denied the state government Suspension of the write of habeas corpus, except in times of Entrance into treaties with foreign countries national crisis Passage of ex post facto (retroactive) laws or issuance of Bills Declarations of war of Attainder (declares an individual guilty of a capital offense without a trial) Imposition of export taxes Maintenance of a standing army Use of money from the treasury without the passage and Printing money approval of an appropriations bill Granting titles of nobility Passage of ex post facto (retroactive) laws or issuance of Bills of Attainder (declares an individual guilty of a capital offense without a trial) Granting titles of nobility Imposition of import or export duties D. Full Faith and Credit Clause: states are required to accept court judgements, licenses, contracts, etc of other states. E. Supremacy Clause: Conflicts between federal and state laws go in favor of federal law. F. Dual federalism: Relationship in first decades of Constitutional government- federal and state governments separate and independent- little contact with each other. G. Separation of powers: accomplished with three separate branches and checks and balances VIII. CHECKS AND BALANCES A. Legislation: Only Congress can pass laws, although the president has the power to veto them. Congress can check that power by overriding the president’s veto with a 2/3 majority. The courts can determine the constitutionality of the legislation. B. Nomination of federal judges, cabinet officials, and ambassadors: President nominates and Senate approves C. Negotiation of treaties: President can negotiate treaties but Senate must approve with a 2/3 majority IX. THE CONSTITUTION A. Preamble- states the goals of the government under the Constitution B. Article I: the Legislative branch: Two houses. 435 in House, 100 in Senate 1. House: qualifications: 25, citizens from district representing, citizen for 7 years; presided over by Speaker of the House; elections every 2 years with whole House up for re-election.

2 2. Senate: qualifications: 30, citizen of state represented, citizen 9 years, presided over by President of the Senate (Vice President); when President of Senate is gone presided over by President Pro Tempore; continuous body (only 1/3 is up for election every two years) with 6 year terms. 3. Procedures for passing laws: a. bill is introduced to Congress by bill’s sponsor b. Bill is sent to committees and then subcommittees. c. In House is sent to Rules Committee (traffic cop- why no filibusters in House, just Senate; cloture: 60 votes needed to end filibuster) d. Considered by entire house e. If passed by House and Senate sent to president for signature or veto 4. Powers of Congress: introduce and pass laws, create federal courts below Supreme Court, print and regulate money, regulate international and interstate commerce, set and collect taxes (all money bills originate in House), raise an army and navy, establish citizenship requirements for immigrants, govern Washington, D.C. 5. Elastic Clause, AKA Necessary and Proper Clause: Article I, Section 3: gives Implied Powers to Congress (powers beyond enumerated powers, i.e. power to draft, etc.) C. Article II: the Executive branch: Power to enforce laws 1. Qualifications: 35, natural born US citizen, 14 years a US resident. Limited to two terms by 22nd Amendment. 2. Election: a. Primaries/state Caucus: spring b. National convention: summer c. General Election: first Tuesday after first Monday in November d. Electoral College: 538 electors (congressional delegation of each state + 3 for Washington, DC); meet in December in state capitals to cast ballots e. Formal election: in January electoral ballots read before joint session of Congress f. Presidential inauguration: January 20. 3. Order of Succession: Vice President, Speaker of the House, President Pro Tempore of the Senate, Secretary of State & then rest of cabinet in order that departments were formed. Succession isn’t in Constitution- was decided by Presidential Succession Act of 1947 4. Power of the President: a. Commander in Chief of the armed forces- power to deploy military b. Chief Diplomat: Can establish executive agreements that do not require Senate approval but still carries force of law c. Chief Legislator: Cannot initiate legislation but still a powerful force. Can do 4 things when a bill reaches his desk: 1. Sign it; 2. Veto it; 3. Let it pass into law without a signature (happens after 10 days); 4. Pocket veto (at end of session all legislation not signed dies). d. Chief Executive: Leader of federal law enforcement: in charge of all federal departments, executive agencies, independent agencies. Cabinet: heads of departments e. Chief of State: ceremonial role- throws out first pitch at World Series, meets with Madonna after she wins Nobel Prize, etc. f. Chief of Party: Head of his party. Helps get candidates elected & raises money; in turn, the party devotes itself to his re-election 5. Impeachment: If president is judged to be guilty of high crimes and misdemeanors, can be impeached by House and removed from office by the Senate. Only two presidents impeached: Andrew Johnson and Clinton. D. Article III: the Judicial branch- 1. Courts: Supreme Court only court mentioned in Constitution; other federal courts formed by Congress. Most cases heard by federal district courts; appeals to go one of 13 federal circuit courts. Highest court of appeals: Supreme Court 2. Jurisdiction: Supreme Court has appellate jurisdiction over both federal and state courts; also has original jurisdiction over cases between states, cases involving foreign countries/ambassadors. 3. How cases reach Supreme Court: Court hears less than 100 cases a year. When 4 justices agree to hear a case (rule of four) Court issues a writ of certiorari (requests lower court to send documents related to case). Case must be real and adverse (no hypotheticals); petitioner must have a stake in the case (called standing before the Court). 4. Judicial review: established in 1803 with Marbury v Madison; says Supreme Court has right to judge constitutionality of laws; established by John Marshall, 4th Chief Justice. 5. McCulloch v Maryland: Court ruled states did not have power to tax the nation’s bank- reinforced the Supremacy Clause. E. Article IV: State admissions-Interstate relations F. Article V: Amending the Constitution

3 1. Proposed amendment must be introduced by both houses of Congress and approved by a ¾ majority in each; it is then passed on to each of the states- ¾ of state legislatures must approve 2. Constitutional Convention can be called if 2/3 of states request one- has never been done. 3. Bill of Rights: a. 1st Amendment: freedom of religion, freedom of speech and press; freedom of petition and assembly b. 2nd Amendment: firearms c. 4th Amendment: no unwarrantable search and seizure; must have probable cause d. 5th Amendment: must be indicted by grand jury; no double jeopardy; no self-incrimination (Miranda v Arizona); due process; compensation for property taken by government. e. 6th Amendment: speedy trial, right to confront witnesses; right to a lawyer (Gideon v Wainwright) f. 8th Amendment: no cruel or unusual punishment g. 9th Amendment: unenumerated rights not denied h. 10th Amendment: rights of states 4. 14th Amendment: Civil War Amendment; used by Court to apply due process clause and equal protection clause to states 5. Amendments concerning voting a. 15th: extended voting to all males b. 17th: direct election of Senators c. 19th: women’s suffrage d. 23rd: allowed residents of Washington, DC to vote for president e. 24th: outlawed poll taxes f. 26th: lowered voting age to 18 6. Other important amendments a. 13th: outlawed slavery b. 16th: authorized income taxes c. 18th & 21st: established and repealed prohibition d. 22nd: 2 terms for president e. 25th: selection of new vice president; vice president takes over if president incapacitated G. Article VI: Supremacy Clause H. Article VII: Ratification I. Memorization technique: Let Legislative Every Executive Just Judicial Student States Argue Amendments Stupid Supremacy Clause Rules Ratification X. CIVIL RIGHTS AND CIVIL LIBERTIES A. Civil liberties: protections from abuse of government power. Civil Rights: protections from discrimination based on race, gender, etc. B. Barron v Baltimore (1833) established that the Bill of Rights applied to the federal government but not the states. This was reversed with the1925 case, Gitlow v New York, which stated that the 14th Amendment applied the 1st Amendment’s right to free speech and press to the states. Since then: selective incorporation- the Court has ruled on the application of the Bill of Rights to state law on a case-to-case basis. Rights not incorporated (may be restricted by states): 1. 2nd Amendment right to bear arms 2. 5th Amendment right to indictment by a grand jury 3. 7th Amendment right to jury trial in civil cases 4. 8th Amendment protection against excessive bail and fines C. 1st Amendment qualifications 1. freedom of speech: clear and present danger test (Oliver Wendell Holmes in Schenck v United States)- example of fire in a crowded theater. No protections for: defamatory speech (libel if written-slander if spoken), obscenity, or speech intended to incite violence. 2. Freedom of the press: New York Times v Sullivan (1971) said government couldn’t exercise prior restraint in case of Pentagon Papers; obscenity and libel not protected. In 1973 Court established a 3-part obscenity test: 1. Would average person applying community standards find it obscene? 2. Does the work lack other value? 3. Does the work depict sexual behavior offensively?

4 3. Freedom of religion: free exercise clause prohibiting denial of religious freedom not absolute: Court has banned polygamy, denial of medical treatment to children. Court weighs individual’s right vs. rights of society. Establishment clause: prevents government from establishing a state religion. Three part Lemon (Lemon v Kurtzman, 1971) test to determine whether law violates establishment clause: 1. Does law have secular rather than religious purpose? 2. Does law neither promote nor discourage religion? 3. Does law avoid excessive entanglement of government and religious institutions? 4. Implied right to privacy: in the 1965 case Griswold v. Connecticut the Court ruled that the combination of the 1st, 3rd, 4th, 5th, 9th, and 14th Amendments added up to an implied right to privacy. D. Civil Rights and African Americans 1. Civil War: 1863- Emancipation Proclamation 2. Civil War Amendments: 13th (slavery illegal), 14th (due process and equal protection), 15th (rights of all males to vote) 3. Civil Rights Act of 1875: banned discrimination in hotels, restaurants, railroad cars; Supreme Court declared this unconstitutional in 1883 4. Jim Crow laws (institutionalized segregation) and voting restrictions (poll taxes and literacy tests- whites were exempted by grandfather clauses) 5. Plessy v Ferguson (1896)- established separate but equal doctrine. Reversed with 1954 Brown v Board of Education ruling 6. 24th Amendment (1964)- outlawed poll taxes 7. Civil Rights Act of 1964: banned discrimination in public accommodations, prohibited discrimination in hiring, required government to end funding of programs that didn’t comply, gave federal government means to enforce anti-discrimination laws 8. Voting Rights Act of 1965: allowed the federal government to step in where less than 50% of the population was registered or where literacy tests were used. 9. Civil Rights Act of 1991: made it easier for those discriminated against in hiring and at work to bring suits against employers 10. De facto segregation: where segregation occurs because of demographics (black school because surrounding neighborhoods composed mostly of black families) E. Other civil rights legislation 1. 19th Amendment: gave women the vote 2. Civil Rights Act of 1964 includes provision prohibiting employment discrimination based on gender 3. Title IX, Higher Education Act-1972: increased funding for women’s programs 4. Roe v Wade-1973 5. Americans with Disabilities Act of 1990: requires businesses with more than 24 employees to make their offices accessible to the disabled, etc. XI. WORKING OF THE GOVERNMENT A. Congress 1. Majority of Congressmen from business and law 2. Jobs include oversight (supervising federal government), public education, representing constituents 3. Committees: standing (permanent), select (joint and investigative), joint (permanent- oversees Library of Congress, etc.), conference (joint & temporary- irons out difference in bills) 4. Fiscal year begins Oct. 1; CBO (Congressional Budget Office) goes over president’s budget and sends report to budget committee in each house. Appropriations bills allocate funds to different programs 5. Majority & Minority leaders, Whips: House and Senate leadership B. White House: Executive Office 1. White House Office: president’s personal staff: chief of staff, press secretary, etc. 2. NSC (National Security Council) and Council of Economic Advisors 3. OMB (Office of Management and Budget)- prepares budget 4. Vice President’s Office 5. Cabinet- not as close to president as White House Office C. Judiciary 1. Constitutional Courts (created by Congress under authorization in Article III): 94 federal district courts, 12 U. S. Courts of Appeals 2. Legislative Courts (Article I- created by Congress with jurisdiction in specific complex areas: U.S. Tax Court, U.S. Court of Military Appeals, etc. D. Federal Bureaucracy 1. Political appointees: unclassified, appointed workers who can be fired at any time for any reason; approximately 2,000 people 2. Career civil servants: classified workers who must pass a test. Pendleton Act of 1883 created Civil Service Commission to oversee examination process because of previous system of patronage and spoils. 5 XII. PUBLIC OPINION AND THE MEDIA A. Characteristics of public opinion: Saliency (degree of importance to individual- old people care about Social Security more than young people); Intensity (how strongly they feel; stability (view over time) B. Polls: random sampling (need only about 1,500 people for scientific poll), exit polls (potential for bias), straw polls, self-selected (phone in if you think everyone should carry a gun). Sampling error: + X is what poll is off by. C. Opinions formed by: school, religious institutions, media, higher education, real life experiences D. Ideologies: revolutionary, liberal, moderate, conservative, reactionary E. Determining factors in ideological/political behavior: 1. education level: more education = more liberal 2. race/ethnicity: blacks & Hispanics tend to be liberal, Cuban-Americans tend to be conservative, southern and eastern European descendants are more likely to be liberal than anglo-franco descendants. 3. Religion: Jews and African American Protestant tend to be most liberal with Catholics tending to be liberal in general but more socially conservative. Protestants, especially white southern Protestants, tend to be conservative 4. Gender: women tend to be more liberal than men 5. Income: poorer people tend to be conservative on non-social welfare issues; wealthier people tend to be liberal on social issues while more conservative on social welfare issues 6. Region: East Coast: most liberal; west coast: most polarized; Midwest: more Democrat; south: conservative III. POLITICAL GROUPS A. Political parties: history 1. First party system: 1790s to 1816: Federalists and Democratic Republicans. After War of 1812 Federalist party died- known as Era of Good Feelings 2. Second party system: 1830s to 1850s: Democrats and Whigs. Democrats- party of Andrew Jackson (less government) vs. Whigs (more government). Property laws repealed so all white men could vote; parties held primaries to determine candidates. 3. Third Party System: Civil War to 1896: Republicans and Democrats. Slavery gave rise to third parties, one of which were the Republicans. Democrats: white southerners and northern working class. Republicans: business, middle class, and blacks. 4. Fourth party system: 1896-1932: Republicans and Democrats. 1890s- rise of Populists (farmer party) which joined Democrat Party which in turn led to more conservative members joining the Republicans. Republicans dominated until Depression 5. Fifth party system: 1932 to present: Republicans and Democrats. FDR and New Deal coalition of white ethnics, Catholics, Jews, blacks and southern whites. 6. Third parties: form to represent group disenfranchised by major parties which then take on their issues. Examples: Bull Moose Party, Populists, Progressives, etc. B. Jobs of parties: recruit and nominate candidates, educate and mobilize voters, campaign funds and support, organize government activity, watchdog. C. Organization: precinct, town, ward and electoral districts are smallest, then on to county, state, congressional district and senatorial committee, national. D. Political dealignment: voters don’t conform to party lines as neatly as they used to. E. Interest groups: Economic groups (protect members’ economic interests), public interest groups (nonprofits such as Sierra Club, etc), government interest groups (state, city governments etc. lobby Congress) F. PACs: Political Action Committees that can raise campaign funds. Of the 4,000 PACs registered, ½ represent corporations,1,000 are issue oriented. XIII. ELECTIONS The AP test always asks at least one question on congressional incumbency; know these facts: 1. Representatives who run for reelection win 90% of the time. 2. Incumbent senators have a tremendous electoral advantage but their advantage is less than that of House incumbents. Senators have to run statewide and almost always face a serious challenger.

A. Election Cycle: Nominations (spring) and general elections. 39 states hold primaries- closed primary (voting restricted to registered members of a party- Dems choose Dems, etc.) more common than open primary (only one vote per voter but they can vote for whomever they choose). Runoff primary is held if no one gets minimum percentage of plurality. B. Financing: presidential candidates who receive more than 10% of the vote in an election may apply for federal matching funds; in order to receive them the candidates must agree to limit spending. C. McCain Feingold-changed personal funding of candidates and allowance of soft money; banned soft money while increasing personal contribution limits.