AP Government Review

1
AP GovernmentReview

• Unit 1 Constitutional Underpinnings

2
Goals of the US Constitution

• Create a strong union of states
• Establish justice
• Preserve Domestic Order
• Provide for the common defense
• Promote general welfare
• Promote individual freedoms

3
Constitution Remedies the Articles of
Confederation

• Creates Federalism
• A balance between the national and state
  governments
• National government could tax
• Congress could regulate commerce between the
  states and foreign nations
• Article II created an executive department to
  enforce laws
• Article III created a national judiciary with a
  Supreme Court and lower courts established by
  Congress

4
Constitution Remedies the Articles of
Confederation

• Only the national government could coin money
• States are represented based on population in the
  House of Reps and equally in the Senate
• Bills need a simple majority in the House and
  Senate
• 2/3 of Congress and 3/4of the states are
  necessary to amend the Constitution

5
Basic Principles of the Constitution

• Limited government
• Popular sovereignty
• Separation of powers
• Checks and balances
• Federalism

6
Amendments

• The Constitution has been formally amended 27
  times.
• Please know all the amendments
• The first 10 amendments are known as the Bill of
  Rights

7
Informal Amendments to the Constitution

• Legislative action Judiciary Act of 1789
• Executive actions Executive orders
• Judicial review Marbury v. Madison
• Custom and usage No 3rd term for Presidents

8
Federalism

• Delegated powers
• Expressed powers given to the national government
• Implied powers
• Powers that may be reasonably inferred from the
  Constitution (Necessary and Proper Clause)
• Inherent powers
• Powers that exist from the national government
  because the government is sovereign
• Concurrent powers
• Belong to both the states and national
  governments
• Reserved powers
• Powers that belong to the states (Amendment 10)

9
Federalism In Practice

• Interstate Relations
• Full faith and credit clause states are required
  to recognize the laws and legal documents of
  other states
• Privileges and immunities clause states are
  prohibited from unreasonably discriminating
  against residents of another state
• Extradition states may return fugitives to
  states which they fled
• Interstate compacts states may work together to
  solve regional problems

10
National Supremacy

• Article IV Supremacy Clause
• McCulloch v. Maryland (1819) Federal law is
  supreme over state law
• Gibbons v. Ogden (1824) National supremacy over
  interstate commerce

11
Federalism Today

• Dual Federalism (1789-1932)
• Layer cake federalism National and state have
  power within their own sphere of influence
• Cooperative Federalism (1932-1968)
• Marble cake federalism National and state work
  together
• New Federalism (Nixon, Reagan, Bush 41)
• Devolution of national power to the states

12
Fiscal Federalism

• Grant in aid
• Money and resources provided by the national
  government to state and local projects and
  programs
• Categorical grants
• Grants that have specific purpose defined by law
• Block grants
• General grants which can be used for a variety of
  purposes
• Unfunded mandates
• Requirements which are imposed by the national
  government on the state and local governments

13
AP Government ReviewUnit 2

• Political Beliefs and Behaviors

14
Political Culture

• A set of beliefs and basic values shared by most
  citizens.
• Majority rule
• Free elections
• Equality in law
• Private property
• Individual freedoms

15
Political Socialization

• The process in which citizens acquire a sense of
  political identity
• Family and home life
• Education
• Group affiliations (interest groups, labor
  unions)
• Demographic factors (age, sex, race, religion)
• Mass media
• Historical events

16
Public Opinion

• A collection of shared attitudes of many
  different people in matters relating to politics,
  public issues, or making of public policy.

17
Measuring Public Opinion

• 1930s George Gallup developed polling
• Sampling
• Preparing valid questions
• Controlling how the poll is taken
• Analyzing and reporting results

18
Political Ideology

• A set of beliefs about politics and public policy
  that creates the structure for looking at
  government and public policy.

19
Political Spectrum

• Radical favor rapid, fundamental change in
  existing social, economic, political order
• Liberal supports active government in promoting
  individual welfare and social rights
• Moderate political ideology falls between
  liberal and conservative
• Conservative promotes a limited government role
  in helping individuals, supports traditional
  lifestyle
• Reactionary advocates a return to a previous
  state of affairs

20
AP Government ReviewUnit 3

• Political Parties
• Interest Groups
• Mass Media

21
Political Parties

• An association of people who seek to control the
  government through common principle.
• Two Party System There are several parties but
  only two major parties compete and dominate
  elections
• Minor Parties generally have little to no impact
  on elections

22
What do Parties do?

• Recruit candidates
• Nominate and support candidates for office
• Educate the electorate
• Organize the government (majority vs. minority)

23
Party Identification

• Ideology
• Income
• Race
• Religion
• Region of country

• Education
• Occupation
• Gender
• Family tradition
• Marital status

24
Why a Two Party System

• British heritage
• Federalist/Anti-Federalist
• Electoral system
• Election laws

25
Electoral Dealignment and Realignment

• Dealignment when significant number of voters no
  longer support a particular party
• Realignment voting patterns shift and new
  coalitions form.
• Republicans (1860)
• Democrats (1932)

26
Voting and Elections
27
Political Participation

• Voting in elections
• Discussing politics and attending political
  meetings
• Forming interest groups and PACs
• Contacting public officials
• Contributing money to a candidate or political
  party
• Running for office
• Protesting government decisions

28
Issue or Policy Voting

• Direct Primary
• Allows citizens to nominate candidates
• Recall
• Is a special election initiated by petition to
  allow citizens to remove an official from office
• Referendum
• Allows citizens to vote directly on issues called
  propositions
• Initiative
• Allows voters to petition to propose issues to be
  decided by qualified voters

29
Low Voter Turnout

• Voter turnout is higher for Presidential
  elections
• Lower turnout for midterm elections
• Lower when compared to other nations

30
Low Voter Turnout

• Expansion of the electorate (26th Amendment)
• Failure of the political parties to mobilize
  voters
• No perceived differences between candidate or
  party
• Mistrust of the government
• Apathy
• Satisfaction with the way things are
• Lack of political efficacy
• Mobility of the electorate
• Registration process

31
Types of Elections

• Primary Election voters choose candidates from
  their party
• Closed primary only voters who are registered in
  the party may vote to choose the candidate
• Open primary voters may vote to choose the
  candidate of either party, whether they belong to
  that party or not
• Blanket primary voters may vote for candidates
  of either party
• Runoff primary when no candidate from a party
  receives a majority of the votes, the top two
  candidates face each other

32
Types of Elections

• General Election
• Voters get to choose from among all the
  candidates nominates by political parties or
  running as independents

33
Electoral College

• President and Vice-President are chosen by the
  538 electoral votes
• 435 districts
• 100 senators
• 3 Washington DC
• States use a winner take all method of assigning
  their electoral votes based on popular vote
• The candidate that receives a majority (270) is
  declared winner.
• If no winner is declared the House of
  Representatives chooses the President and the
  Senate chooses the Vice-President

34
Campaign Finance

• Federal Election Campaign Act (1971)
• Restricted
• Amount spent on campaign advertising
• Required disclosure of contributions and
  expenditures
• Federal Election Commission
• Enforces the FECA
• Created public financing for presidential
  candidates
• Buckley v. Valeo (1976)
• The Supreme Court ruled that spending limits
  established by the FECA were unconstitutional

35
Interest Groups and the Mass Media
36
Interest Groups

• Raise awareness and stimulate interest in public
  affairs by educating their members and the public
• Represent membership, serving as a link between
  members and the government
• Provide information to the government
• Provide channels for political participation

37
Types of Interest Groups

• Economic Interest Groups
• Labor Groups (AFL-CIO)
• Business Groups (Chamber of Commerce)
• Professional Groups (National Education
  Association)
• Agricultural Groups (National Farmers Union)

38
AP Government ReviewUnit 4

• The Legislative, Executive, and Judicial Branches

39
The Legislative Branch
40
Congress

• Article I of the US Constitution creates a
  bicameral legislature consisting of the House of
  Representatives and the Senate
• The current structure was a result of the
  Connecticut or Great Compromise reached at the
  Constitutional Convention

41
House of Representatives

• Membership
• 435 members apportioned by population
• Term of Office
• 2 years entire House elected every 2 years
• Qualifications
• At least 25 years old
• Citizen for 7 years
• Must live in state where district is located
• Constituencies
• smaller, by district
• Prestige
• Less prestige

42
House of RepresentativesGetting Elected

• Apportionment distribution among the states
  based on the population of each state
• Reapportionment the redistribution of
  Congressional seats after the census determines
  changes in population distribution among the
  states
• Congressional districting the drawing by state
  legislatures of congressional districts for those
  states with more than one representative
• Gerrymandering drawing congressional districts
  to favor one political party or group over another

43
House of Representatives

• Leadership
• Speaker of the House
• Presiding officer and most powerful member
• Assigns bills to committee
• Controls floor debates
• Appoints party members to committees
• Majority Leader
• Assistant to the Speaker
• Helps plan partys legislative program
• Directs floor debates
• Minority Leader
• Major spokesperson for the minority party
• Organizes opposition to the majority party

44
House of RepresentativesHow a Bill becomes a Law

• A bill is introduced, numbered, and assigned to a
  committee
• The bill may be assigned to a subcommittee for
  further study
• The bill is returned to committee where it is
  approved or rejected
• The rules committee sets terms of debate for the
  bill
• The bill is debated by the House
• A vote is taken. Bills that pass go to the Senate
• Conference committee resolves any differences
  between House and Senate Bill
• Resolved bill is voted on in the House
• If approved, sent to the President

45
US Senate

• Membership 100 members (2 from each state)
• Term of office 6 years staggered terms with
  one-third of the Senate elected every 2 years
• Qualifications
• At least 30 years of age
• Citizen for 9 years
• Must live in state
• Constituencies Larger, entire state
• Prestige More prestige

46
US Senate

• Getting Elected
• Members were originally chosen by the state
  legislatures in each state
• Since 1913, the 17th Amendment allows the direct
  election of senators by the people of the state

47
US Senate

• Leadership
• US Vice President
• Presiding officer of the Senate.
• Cannot debate and only votes to break a tie
• President pro tempore
• Senior member of the majority party
• A ceremonial position
• Majority leader
• The most influential member of the Senate
• The majority partys spokesperson
• Minority leader
• Performs the same role as the House minority
  leader

48
US SenateHow a Bill becomes a Law

• A bill is introduced, numbered, and assigned to a
  committee
• The bill may be assigned to a subcommittee for
  further study
• The bill is returned to committee where it is
  approved or rejected
• No rules committee!
• The bill is debated by the Senate
• A vote is taken, where the bill is passed or
  defeated. Bills that pass the Senate are sent to
  the House
• Conference committee resolves any differences
  between House and Senate Bill
• Resolved bill is voted on in the Senate
• If approved, sent to the President

49
Congressional Override

• If the President vetoes the bill then it is
  returned to the Congress, where they may override
  the veto by a two-thirds vote in each house.

50
Types of Committees

• Standing
• A permanent committee that deals with specific
  policy matters (agriculture, energy)
• Select
• A temporary committee appointed for a specific
  purpose (Senate Watergate Committee)
• Joint
• Made up of members of both Houses (Joint
  Committee on the Library of Congress)
• Conference
• A temporary committee of members from both
  Houses, created to resolve differences in the
  House and Senate versions of the bill

51
Caucuses

• Informal groups formed by members of Congress who
  share a common purpose of goals
• Congressional Black Caucus
• Womens Caucus
• Democratic or Republican Caucus

52
Roles of Members of Congress

• Policymaker
• Representative
• Constituent servant
• Committee member
• Politician/Party member

53
House of Representatives/Senate

• Incumbency Effect the tendency for office
  holders to easily get reelected
• Name recognition
• Credit claiming (bringing positive results to the
  district or state)
• Casework for constituents (helped constituents
  solve problems)
• More visible to constituents
• Media exposure
• Fundraising abilities
• Experience in campaigning
• Voting record

54
Powers of Congress

• Legislative Powers
• Expressed powers Powers specifically granted to
  Congress, mostly found in Article I, Section 8 of
  the Constitution
• Implied powers powers which may be reasonably
  suggested to carry out the expressed powers
  found in Article I, Section 8, Clause 18,
  necessary and proper
• Limitations of powers power denied Congress in
  Article I, Section 9 and the 10th Amendment

55
Powers of Congress

• Non-Legislative Powers
• Electoral powers selection of the President by
  the House and Vice-President by the Senate upon
  the failure of the electoral college to achieve a
  majority vote
• Amendment powers Congress may propose amendments
  by 2/3 votes of each house
• Impeachment
• House may bring charges, or impeach, the
  President, Vie-President, or any civil officer by
  a simple majority
• Senate holds the trial and acts as a jury with a
  2/3 vote needed to find guilt
• Executive powers of the Senate
• Must approve appointees by the Executive Branch
  by a simple majority
• Must approve treaties by a 2/3 vote
• Investigation/oversight powers investigate
  matters falling within the range of its
  legislative authority

56
Legislative Tactics

• Caucuses may form voting blocs
• Committee system
• Filibuster or Cloture in the Senate only,
  unlimited debate in an attempt to stall action on
  a bill cloture is the method by 60 votes to end
  a filibuster
• Pork barrel legislation an attempt to provide
  funds and projects for a members home state or
  district
• Logrolling an attempt by members to gain support
  of other members in return for their support on
  the members legislation

57
Legislative Tactics

• Riders additions to legislation which generally
  have no connection to the legislation
• Amendments additions or changes to the
  legislation which deal specifically with the
  legislation
• Lobbying trying to influence members of Congress
  to support or reject legislation
• Conference committee may affect the wording and
  therefore intent of the legislation
• Legislative veto the rejection of a presidential
  or executive branch action by one or both houses
  of Congress, used mostly between 1932-1980.
• Declared unconstitutional in the 1983 case,
  Immigration and Naturalization Service v. Chada

58
Influences on Congress

• Constituents
• Other lawmakers and staff
• Party influences
• President
• Lobbyists and interest groups

59
Executive Branch and the Bureaucracy
60
President of the United States

• Article II of the Constitution establishes the
  many responsibilities and functions of the
  President
• Term and Tenure
• 4 year term
• 2 terms (10 year max) 22nd Amendment

61
President of the United States

• Formal Qualifications
• Natural born citizen
• At least 35 years old
• Resident of the US 14 years prior to election
• Informal, many presidential candidates share
  several characteristics
• Political or military experience
• Political acceptability
• Married
• White male
• Protestant
• Northern European ancestry

62
Succession and Disability

• The Constitution provides that if the President
  can no longer serve in office the Vice-President
  will carry out the powers and duties of the
  office
• 25th Amendment
• The Vice-President becomes President if the
  office of the president becomes vacant
• The President will nominate a new Vice-President,
  with approval of a majority from both houses of
  Congress

63
Impeachment and Removal

• The Constitution gives the House of
  Representatives the authority to bring charges
  against the President or Vice-President for
  Treason, Bribery, or other High Crimes and
  Misdemeanors.
• Once charges are brought the Senate holds the
  trial. The Chief Justice of the Supreme Court
  presides over the trial
• Conviction requires a 2/3 vote

64
Electoral College System

• 12th Amendment
• An electoral college elects the President and
  Vice-President
• Each state chooses the number of electors equal
  to its number of members in the House of
  Representatives and Senate.
• In December, after the general election, the
  electors meet in their state capital to cast
  their ballots for president and vice-president.
• The electoral college then sends its ballots to
  the President of the US Senate where they are
  opened before a joint session of Congress
• To win a candidate needs a majority (270)
• If a majority is not reached the House votes on
  the top 3 candidates for President and the Senate
  votes on the top 2 candidates for Vice-President

65
The Vice-Presidency

• Presides over the Senate, casting tie-breaking
  votes
• Help determine presidential disability under the
  25th Amendment and take over presidency if
  necessary
• Has the same formal qualifications as the
  President

66
Presidential Powers

• Executive powers
• Enforces laws, treaties, and court decisions
• Issues executive orders to carry out policies
• Appoints officials, removes officials
• Assumes emergency powers
• Presides over cabinet and executive branch
• Military powers
• Serves as commander in chief
• Has final decision making authority in matters of
  national and domestic defense
• Provides for domestic order

67
Presidential Powers

• Legislative Powers
• Gives annual State of the Union message
• Issues annual budget and economic reports
• Signs or vetoes bills
• Proposes and influences legislation
• Calls for special sessions of Congress
• Diplomatic Powers
• Appoints ambassadors and other diplomats
• Negotiates treaties and executive agreements
• Meets with foreign leaders
• Accords diplomatic recognition to foreign
  governments
• Receives foreign dignitaries

68
Presidential Powers

• Judicial Powers
• Appoints members of the federal judiciary
• Grants reprieves, pardons, and amnesty
• Party Powers
• Leader of the party
• Chooses vice presidential nominee
• Strengthens the party by helping members get
  elected (coattails)
• Appoints party members to government positions
  (patronage)
• Influences policies and platform of party

69
Limitations on Presidential Powers

• Congressional Checks
• Override presidential veto
• Power of the purse
• Power of impeachment
• Approval powers over appointees
• Legislation limiting the presidents power (War
  Powers Act)
• Judicial Checks
• Judicial review of executive action
• Political checks
• Public opinion
• Media attention
• popularity

70
The Bureaucracy
71
The Bureaucracy

• A systematic way of organizing a complex and
  large administrative structure.
• Hierarchical authority similar to a pyramid with
  the top having authority over those below
• Job specialization each worker has defined
  duties and responsibilities, a division of labor
  among workers
• Formal rules established regulations and
  procedures which must be followed

72
History and Growth

• Beginnings standards for office included
  qualifications and political acceptability
• Spoils system practice of giving offices and
  government favors to political supporters and
  friends
• Reform movement competitive exams were tried and
  failed due to inadequate funding from Congress
• Pendleton Act Civil Service Act of 1883,
  replaced the spoils system with a merit system
• Hatch Act of 1939 prohibits government employees
  from engaging in political activities while on
  duty
• Civil Service Reform Act of 1978 created the
  office of Personnel Management to recruit, train,
  and establish classifications and salaries for
  federal employed

73
Organization

• The federal bureaucracy is divided into four
  basic types
• Cabinet departments (15 executive departments)
• Independent executive departments (NASA, Small
  Business Administration)
• Independent regulatory agencies (Securities and
  Exchange Commission, Federal Reserve Board)
• Government corporations (Tennessee Valley
  Authority, US Postal Service)

74
Influences on the Federal Bureaucracy

• Executive influences appointing the right
  people, issuing executive orders, affecting the
  agencys budget
• Congressional influences influencing
  appointments, affecting the agencys budget,
  holding hearings, rewriting legislation
• Iron triangles alliances between bureaucratic
  agencies, congressional committees, and interest
  groups

75
Executive Office of the President

• White House Office
• National Security Council
• Office of Management and Budget
• Office of Faith Based and Community Initiatives
• Office of National Drug Control Policy
• Office of Policy Development
• Council of economic Advisors
• Office of US trade Representative

76
Executive Departments

• State
• Treasury
• Defense
• Interior
• Justice
• Agriculture
• Commerce
• Labor

• Health and Human Services
• Housing and Urban Development
• Transportation
• Energy
• Education
• Veterans affairs
• Homeland Security

77
The Judicial Branch
78
The Federal Court System

• The US has a dual court system of courts-a
  federal court system and the court system of the
  50 states
• Article III of the Constitution states that there
  shall be a Supreme Court and that Congress may
  establish a system of inferior courts

79
Jurisdiction

• Original jurisdiction
• Lower courts have the authority to hear cases for
  the first time.
• District Court conducts trials, evidence is
  presented, and juries determine the outcome of
  the case
• Supreme Court has original jurisdiction in cases
  involving representatives of a foreign
  government, and certain types of cases where a
  state is a party
• Appellate jurisdiction
• Courts that hear reviews or appeals of decisions
  from the lower courts
• Court of Appeals
• Supreme Court

80
Structure of the Judicial System

• District Courts
• Created by the Congress in the Judiciary Act of
  1789.
• There are 94 District Courts
• Decide civil and criminal cases
• Court of Appeals
• Created by Congress in 1891
• There are 13 US Court of Appeals
• Decide appeals from the District Courts
• Supreme Court
• Created by Article III of the Constitution
• Most of its cases are appeals from the US Court
  of Appeals and State Supreme Courts
• Has original and appellate jurisdiction

81
Judicial Selection

• The President appoints all federal judges with
  confirmation from the US Senate
• There are no formal qualifications
• Serve a life term
• Federal judges may be removed through impeachment

82
Supreme Court Selection

• Presidents only make appointments to the Supreme
  Court if a vacancy occurs during their term of
  office
• When making appointments, Presidents often
  consider
• Party affiliation
• Judicial philosophy
• Race, gender, religion, region
• Judicial experience
• Political ideology
• Acceptability

83
The Supreme Court at Work

• The term of the Supreme Court begins on the first
  Monday in October and generally lasts until June
  or July of the following year.

84
Accepting Cases

• Cases that are accepted must pass the rule of
  four four of the nine justices must agree to
  hear the case.
• Writ of certiorari an order by the court
  directing the lower court to send up the records
  of a case for review
• Certificate a lower court may ask the Supreme
  Court about a rule of law or procedures in
  specific cases

85
Briefs and Oral Arguments

• Once a case reaches the Supreme Court, lawyers
  for each party to the case file a written brief
• Written briefs include detailed statements of
  the facts of the case supported by relevant facts
  and citations from previous cases
• Interested parties may be invited to submit
  amicus briefs (friends of the court) supporting
  or rejecting arguments of the case
• Oral arguments allow both sides 30 minutes to
  present their positions to the justices

86
Writing Opinions

• Once the Supreme Court has made a decision in a
  case, the decision is explained in a written
  statement
• Majority opinion a majority of the justices
  agree on the decision and its reasons
• Concurring opinion a justice who agrees with the
  majority opinion but not the reasoning behind the
  decision
• Dissenting opinion a justice or justices who
  disagree with the majority opinion
• Majority opinions become precedent in deciding
  future cases

87
Judicial Activism

• Holds that the court should play an active role
  in determining national policies
• The philosophy advocates applying the
  Constitution to social and political questions

88
Judicial Restraint

• Holds that the court should avoid taking the
  initiative on social and political questions.
• Operating strictly within the limits of the
  Constitution

89
AP Government ReviewUnit 5

• Politics and Public Policymaking

90
Agenda-Setting

• Recognizing an issue as a problem which must be
  addressed as a part of the political agenda.
• Problems are brought to the political agenda by
• Citizens
• Interest groups
• The Media
• Government Entities

91
Formation/Adoption/Implementation

• Formation finding ways to solve the problems
• Adoption adopting a plan of action to solve the
  problem may require legislation
• Implementation executing the plan of action by
  appropriate agency or
  agencies

92
Policy Evaluation

• Analysis of policy and its impact upon the
  problem
• Judging the effectiveness of policy

93
Domestic Policy

• Crime Prevention FBI, DEA, ATF
• Education States run education but since the
  creation of the Department of Education (1979)
  the Fed has used grants and vouchers as
  influence
• Energy The study of alternative and
  renewable sources of fuel. Regulates nuclear
  waste.

94
Domestic Policy

• Health Care Medicare (elderly),
  Medicaid (poor), CDC, VA, FDA
• Social Welfare Social Security, Housing
  Programs,unemployment
  benefits

95
Economic Policy

• Raising Revenue income tax, cooperate
  tax, estate tax, customs
• Government Spending
• Discretionary Spending
• Defense, Education, Student Loans, Scientific
  Research, Environmental Clean-up, Law
  Enforcement, Disaster Aid, Foreign Aid
• Nondiscretionary Spending
• Interest of the national debt, social welfare
  programs

96
Economic Policy

• Federal Budget Proposed each year
  (fiscal year is October 1
  through September 30)
• Proposals
• Each federal agency must submit a budget request
  to the Office of Management and Budget.
• The President submits a budget proposal to
  Congress based on the OMB
• The Congress proposes its own budget based on the
  advise of the Congressional Budget Office

97
Economic Policy

• The budget must be passed by Congress and signed
  by the President by September 15.
• Failure to pass a budget could lead to the
  federal government to shut down.

98
AP Government ReviewUnit 6

• Civil Liberties and Civil Rights

99
Civil Liberties

• Constitution
• Writ of habeas corpus you must be brought before
  the court and informed of charges against you
• No bills of attainder you cannot be punished
  without a trial
• No ex post facto laws laws applied to acts
  committed before the laws passage are
  unconstitutional
• Trial by jury

100
Civil Liberties

• Bill of Rights
• Freedom of religion, speech, press, petition, and
  assembly
• No unreasonable search and seizure
• Protections against self-incrimination and double
  jeopardy
• Protections in criminal procedures

101
Civil Liberties

• 14th Amendment
• Provided for the expansion of the Bill of Rights
  to the states and local governments
• Incorporation
• Legislation
• Laws that set limits or boundaries on one
  persons rights over another person
• Courts
• Judicial review

102
Freedom of ReligionEstablishment Clause

• Congress cannot
• Establish a national religion
• Favor one religion over another
• Tax citizens to support any one religion

103
Freedom of ReligionEstablishment Clause

• Please know the following Supreme Court cases
• Engle v. Vitale
• Abington Township v. Schempp
• Lemon v. Kurtzman
• Minersville v. Gobitus
• West Virginia v. Barnette
• Wallace v. Jaffree

104
Freedom of ReligionFree-Exercise Clause

• Guarantees the right to practice any religion or
  no religion at all
• Know these cases
• Reynolds v. United States
• Wisconsin v. Yoder
• Oregon v. Smith
• Church of the Lukumi Babalu Aye v. City of Hialeah

105
Freedom of Speech

• Pure Speech the most common form of speech,
  verbal speech
• Symbolic Speech using actions or symbols to
  convey an idea
• Speech Plus verbal and symbolic speech used
  together

106
Freedom of Speech

• Know these cases
• Abrams v. United States
• Schenck v. United States
• Gitlow v. New York
• Tinker v. Des Moines
• Texas v. Johnson
• Reno v. ACLU

107
Freedom of the Press

• Know these cases
• Near v. Minnesota
• New York Times v. Sullivan
• New York Times v. United States
• Hustler v. Falwell
• Hazelwood School District v. Kuhlmeier

108
Freedom of Assembly

• The government is allowed to set limits on
  assembly to protect the rights and safety of
  others
• Dejonge v. Oregon

109
Property Rights

• The due process clause of the 5th and 14th
  Amendments provide for the protection of private
  property by guaranteeing life, liberty, or
  property, without due process of the law

110
Due Process

• Substantive due process
• Involves the policies of government or the
  subject matter of the laws, determining whether
  the law is fair or if it violates constitutional
  protections
• Procedural due process
• The method of government action or how the law is
  carried out, according to established rules and
  procedures

111
Right to Privacy

• The Constitution makes no mention of a right to
  privacy, however the Supreme Court has
  interpreted several rights that may fall under
  the category of privacy
• Griswold v. Connecticut
• Roe v. Wade

112
Fourth AmendmentSearch and Seizure

• Know these cases
• Wolf v. Colorado
• Mapp v. Ohio
• TLO v. New Jersey
• Weeks v. United States
• Katz v. United States

113
Fifth AmendmentSelf-Incrimination

• Know this case
• Miranda v. Arizona

114
Sixth AmendmentRight to an Attorney

• Know these cases
• Powell v. Alabama
• Gideon v. Wainwright

115
Eighth AmendmentCruel and Unusual Punishments

• Know these cases
• Furman v. Georgia
• Gregg v. Georgia

116
Civil Rights

• Are the positive acts of government, designed to
  prevent discrimination and provide equality
  before the law
• The Equal Protection Clause of the 14th Amendment
  prevents the states from discriminating against
  citizens.

117
Civil Rights Movement

• 13th Amendment abolished slavery
• 14th Amendment defined citizenship and provided
  due process and equal protection
• 15th Amendment provided that all males 21 and
  older could vote
• 24th Amendment outlawed the poll tax in federal
  elections

118
Civil Rights Movement

• Black codes state laws passed to keep freed
  slaves out of politics (literacy test, poll tax,
  registration tests)
• Civil Rights Act of 1876 outlawed racial
  segregation in public places
• Jim Crow Laws created segregation in schools,
  public transportation, and hotels
• Plessy v. Ferguson separate but equal facilities
  are constitutional

119
Civil Rights Movement

• Executive Order 8802 Franklin Roosevelt banned
  racial discrimination in the federal government
• Executive Order 9981 Harry Truman ordered the
  desegregation of the military
• Brown v. Board of Education overturned Plessy v.
  Ferguson, separate but equal is unconstitutional

120
Civil Rights Movement

• Civil Rights Act of 1964 prohibited
  discrimination in employment and in places of
  public accommodations
• Voting Rights Act of 1965 outlawed
  discriminatory tests in voter registration

121
The Womens Movement

• 19th Amendment gave women the right to vote
• Equal Pay Act of 1963 made it illegal to base a
  persons pay on their gender, race, religion, or
  national origin
• Equal Employment Opportunity Act of 1972
  prohibited gender discrimination in hiring,
  firing, promotions, and pay

122
People with Disabilities

• The Rehabilitation Act of 1973 prohibited
  discrimination against people with disabilities
  in federal programs
• The Americans with Disabilities Act of
  1990forbids employers from discriminating against
  people with disabilities

123
Affirmative Action

• A policy designed to correct the effects of past
  discrimination.
• University of California v. Bakke (1978) the
  court ruled that affirmative action was
  constitutional but that Bakke had been denied
  equal protection because the university used race
  as the sole criteria for admissions