AP GOVERNMENT AND POLITICS:
2024-2025 Review of the entire CED for Unit 2!
Exam Date: May 6th, 2025
Congratulations! You’ve made it through your AP U.S. Government course and are now ready to prepare for the AP Exam. These tips and strategies should help you in the final days or weeks before taking the exam. Remember that preparing for the Exam is a bit like training for a marathon--you won’t do as well if you wait and cram a lot of training into the day before the Exam. Working at a reasonable pace from now until test day will pay off in the end.
GREAT REVIEW VIDEOS PER TOPIC ON YOUTUBE: Carey LaManna and Himmler’s History
The Format of the Exam: Let’s begin by looking at a breakdown of how the AP US Government
Exam is structured:
Questions
Time allowed
Percentage of grade
55 multiple choice
1 hour & 20 minutes
50%
4 free response
1 hour & 40 minutes
50%
The questions on the test will cover topics from the whole course. However, in the multiple-choice section, you’ll find that certain subjects come up more often:
Subject Percentage of the Test
Unit I: Foundations of Democracy 15-22%
Unit 2: Interaction Among the Branches 25-36%
Unit 3: Civil Liberties and Civil Rights 13-18%
Unit 4: Political and Ideological Beliefs 10-15%
Unit 5: Political Participation 20-27%
There are 15 Required Supreme Court Cases:
Marbury v. Madison-1803
McCulloch v. Maryland-1819
Schenck v. US-1919
Brown v. Board of Ed-1954
Baker v. Carr-1962
Engel v. Vitale-1962
Gideon v. Wainwright-1963
Tinker v. Des Moines-1969
NY Times Co. v. US-1971
Wisconsin v. Yoder-1972
Roe v. Wade-1973
Shaw v. Reno-1993
US. v. Lopez-1995
McDonald v. Chicago-2010
Citizens United v. FEC-2010
Required Documents:
The Declaration of Independence
The Articles of Confederation
The Constitution of the United States
Federalist #10
Brutus #1
Federalist #51
Federalist #70
Federalist # 78
Letter from a Birmingham Jail
Unit 2: Foundations of American Democracy: 25-36% of the AP EXAM
The Constitution grants specific powers to Congress, the presidency, and the courts, each of which exercises informal powers (developed through political practice, tradition, and legislation). Because power is widely distributed, and checks prevent one branch from overreaching or usurping powers from the others, institutional actors are in the position where they must both compete and cooperate in order to govern.
Enduring Understanding: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.
2.1 Congress: The Senate and the House of Representatives
Objective: Describe the different structures, powers, and functions of each house of Congress.
Essential Knowledge:
The Senate is designed to represent states equally, while the House is designed to represent the population.
Different chamber sizes and constituencies influence the formality of debate.
Coalitions in Congress are affected by term-length differences.
The enumerated and implied powers in the Constitution allow the creation of public policy by Congress, which includes:
-Passing a federal budget, raising revenue, and coining money
-Declaring war and maintaining the armed forces
-Enacting legislation that addresses a wide range of economic, environmental, and social issues based on the necessary and proper clause
1. How does the Constitution reflect that the Senate is designed to represent states equally, while the House is designed to represent the population? Which agreement at the Constitutional Convention led to this?
There are 2 senators for every state and that shows equality because every state gets the same amount of senators in congress. The Great compromise - each state gets 2 senators and the House of representatives is based on population size.
2. What is the chamber size for the House of Representatives and the Senate?
435 members of the House Representatives
3. How do the differences in chamber sizes and constituencies influence the formality of debate in the House and the Senate?
The House of Representatives has more people and is more formal because it has more members than the senate.
4. How long is a term for the House of Representatives and the Senate?
House of representative members are up for reelection every 2 years and the senate is up for reelection every 6 years.
5. Identify five enumerated powers from Article I used by Congress.
Declare War, Coin Money, Levy and collect taxes, Regulate Interstate Commerce, Raise and Support Armys
6. What are two enumerated powers of Congress that significantly increase their power? Where are they found in the U.S. Constitution?
Commerce Clause and Necessary and Proper Clause
7. How do the Necessary and Proper Clause, enumerated powers, and implied powers connect?
The necessary and proper clause are connected to the enumerated powers because they are powers are are necessary to the senate and the implied powers are powers that are given to the senate based on an implied interest because they are needed for their jobs.
2.2 Structures, Powers, and Functions of Congress
Objective: Explain how the structure, powers, and functions of both houses of Congress affect the policy-making process.
Essential Knowledge:
By design, the different structures, powers, and functions of the Senate and the House of Representatives affect the policy-making process.
Though both chambers rely on committees to conduct hearings and debate bills under consideration, different constitutional responsibilities of the House and Senate affect the policy-making process.
Chamber-specific procedures, rules, and roles that impact the policy-making process include:
-Number of chamber and debate rules that set the bar high for building majority support
-Roles of Speaker of the House, President of the Senate, party leadership, and committee leadership in both chambers -Filibuster and cloture -Holds and unanimous consent in the Senate -Role of Rules Committee, Committee of the Whole, and discharge petitions in the House
-Treaty ratification and confirmation role of the U.S. Senate
Congress must generate a budget that addresses both discretionary and mandatory spending, and as entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase or the budget deficit increases.
Pork-barrel legislation and logrolling affect lawmaking in both chambers.
8. Where does most of the work in Congress take place? Where do most bills die?
In committees because that is where they can log roll and prevent bills from being passed and stuff like that.
9. What unique powers does the House of Representatives have?
To impeach civil officers. To elect a President if no candidate receives a majority of the electoral votes.
10. What can only the Senate do?
The Senate shares full legislative power with the House of Representatives. In addition, the Senate has exclusive authority to approve–or reject–presidential nominations to executive and judicial offices, and to provide–or withhold–its “advice and consent” to treaties negotiated by the executive.
11. What role do committees serve in Congress?
In Congress, committees play a crucial role in the legislative process, dividing the workload, specializing in specific areas, and facilitating the review and shaping of legislation. They also conduct oversight, monitor government operations, and hold hearings to investigate issues and gather information.
12. What is the main role of a standing committee? Give an example of a powerful one in the House and one in the Senate.
Review, debate, and amend bills, holding hearings to gather information and make recommendations to the full chamber
13. What is the function of a select committee? Give an example of one.
They investigate specific issues, for example the Select Committee on Intelligence, which investigates matters related to intelligence agencies.
14. What does a conference committee do?
A conference committee is a temporary, ad hoc panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major or controversial legislation.
15. Identify three advantages the majority party has in the legislative process in Congress.
Control over key leadership positions, committee assignments, and legislative agenda.
16. What is pork barrel legislation and logrolling?
Government spending for localized projects secured solely or primarily to direct expenditures to a representative's district.
There are many chamber specific procedures, rules, and roles that impact the policymaking process. For each of the following concepts, define the term, list if it’s specific to the House or Senate, and then describe the impact it has on the policymaking process.
17. Speaker of the House
a. Definition - Presides over House sessions and maintains order during debates.
b. H or S
c. Impact on Policy - Refers bills to committee, schedules bills for debate and votes, manages debate, promotes party’s legislative agenda, and works closely with House Rules Committee.
18. President of the Senate
a. Definition - Usually the vice president, speaker of the senate
b. H or S
c. Impact on Policy - They cast tie breaking votes and they lead debate.
19. Committee Leadership
a. Definition - Committee chairs
b. H or S
c. Impact on Policy - They decide what bills will be discussed in committee.
20. Filibuster
a. Definition - Action designed to prolong debate and delay or prevent a vote on a bill, resolution, amendment, or other debatable question
b. H or S
c. Impact on Policy - It can prevent the senate from getting work done, it helps slow down processing and prevent the sensate from debating and working towards passing a bill.
21. Cloture
a. Definition
b. H or S
c. Impact on Policy
22. Hold
a. Definition
b. H or S
c. Impact on Policy
23. Unanimous consent
a. Definition
b. H or S
c. Impact on Policy
24. House Rules Committee
a. Definition
b. H or S
c. Impact on Policy
25. Committee of the Whole
a. Definition
b. H or S
c. Impact on Policy
26. Discharge Petition
a. Definition
b. H or S
c. Impact on Policy
30. Identify three actions that speed up the legislative process and two that slow the process down.
Speed upping the process:
Committee of the whole (when they have a least 100 representatives there to debate) HOR
Unanimous consent agreement (they all have to agree in order to pass a law) Senate
Closure motion (ends a filibuster) Senate
Slowing down the process
Filibuster (talk endless about random things to prevent the house of representatives from moving forward with the process of making a change) Used by a senator
Holding a bill (push the bill off to the side) this prevents the process of moving forward with amending a bill.
31. What is Congress’s role in the creation of the federal budget?
They pass a budget resolution and appropriate funds. Making sure that all the money from the departments gets to where it needs to go and they have enough money to go around and give out to support the country.
32. What is discretionary spending? Give an example.
Has to be approved every single year but their money can go anywhere they want. Example: National Defense.
33. What is mandatory spending? Give an example.
Money that is set aside for programs that has to be given because it is mandatory. Example: Social Security, Medicare
34. What is the biggest part of America’s discretionary and mandatory spending?
Mandatory: Social Security
Discretionary: Defense
35. What is a budget deficit?
When you spend more money than what you have.
36. What are the Congressional Budget Office (CBO) and the Office of Management and Budget (OMB)?
CBO helps congress
OMB helps the president
2.3 Congressional Behavior
Objective: Explain how congressional behavior is influenced by election processes, partisanship, and divided government.
Essential Knowledge:
Congressional behavior and governing effectiveness are influenced by:
-Ideological divisions within Congress that can lead to gridlock or create the need for negotiation and compromise -Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed by the Supreme Court decision in Baker v. Carr (1962), which opened the door to equal protection challenges to redistricting and started the “one person, one vote” doctrine, and the no-racial-gerrymandering decision in Shaw v. Reno (1993)
Elections that have led to a divided government, including partisan votes against presidential initiatives and congressional refusal to confirm appointments of “lame-duck” presidents of the opposite party
Different role conceptions of “trustee,” “delegate,” and “politico” as related to constituent accountability in each chamber
Congressional behavior and governing effectiveness are influenced by many factors. For each factor, define it and describe the impact on Congress’s behavior/ability to govern.
Factor
37. Ideological divisions within Congress
a. Definition - Liberals and Conservatives in congress
b. Impact on Congress’s behavior/ability to govern - they follow a certain set of beliefs in each of the
38. Divided government
a. Definition -Different political parties control different parts of the government. In the U.S., that usually means one party controls the presidency while the other controls one or both houses of Congress
b. Impact on Congress’s behavior/ability to govern - More gridlock, more investigations and oversight, increased bargain and negotiation, slower confirmation of appointments, rise in partisanship
39. Lame duck sessions
a. Definition - is the period after an election but before the newly elected officials take office
b. Impact on Congress’s behavior/ability to govern - Rushed legislation, less accountability, more deal-making, possibility of inaction, approval of controversial actions.
39. How does a member of Congress vote if they’re acting as a trustee?
they vote based on their own judgment and what they personally believe is best
40. How does a member of Congress vote if they’re acting as a delegate?
they vote exactly how their constituents (the people they represent) want them to
41. How does a member of Congress vote if they’re acting as a politico?
they blend both the trustee and delegate roles — sometimes using their own judgment, and sometimes following the will of their constituents, depending on the situation.
42. Describe the facts, holding, and reasoning in Baker v. Carr (1961).
Facts
Charles Baker and other Tennessee citizens argued that Tennessee’s legislative districts had not been redrawn in decades, even though the population had shifted a lot. They claimed this violated the Equal Protection Clause of the 14th Amendment.
Holding
The Supreme Court ruled that federal courts can hear cases about legislative redistricting. In other words, redistricting is not just a "political question" it can be a constitutional issue if people's rights are being violated.
Reasoning
The Court said that when voters claim their votes are being diluted unequally, that's a legal (constitutional) question, not just a political one. So, the courts have the power to step in and review it under the Equal Protection Clause.
43. Describe the facts, holding, and reasoning in Shaw v. Reno (1993).
Facts
After North Carolina created a weirdly shaped congressional district that was mostly African American, trying to comply with the Voting Rights Act and create more minority representation. Some white voters sued, arguing that the district was drawn only based on race, violating the Equal Protection Clause of the 14th Amendment.
Holding
The Supreme Court ruled that racial gerrymandering — even if it's meant to help minority voters — can violate the Equal Protection Clause if race is the dominant reason for the district’s shape.
Reasoning
The Court said that drawing districts based almost entirely on race is dangerous because it suggests that people should be separated based on race, which goes against the idea of equal protection. Race can be considered, but it can't be the main reason for how a district is drawn without strong justification.
44. What is reapportionment? How often does it happen?
Reapportionment is the process of redistributing the 435 seats in the U.S. House of Representatives among the 50 states based on changes in population. It happens every 10 years.
45. What is redistricting? How often does it happen? Who is usually in control of redistricting?
Redistricting is the process of drawing new boundaries for legislative districts within a state, usually for the U.S. House of Representatives, state legislatures, and sometimes local governments.It happens every 10 years after the census data is released, to account for shifts in population.
46. What is gerrymandering?
Gerrymandering is the practice of manipulating the boundaries of electoral districts to favor a particular political party, group, or incumbent.
47. How does gerrymandering impact elections?
Gerrymandering is the manipulation of electoral district boundaries to favor a particular political party, group, or incumbent. This practice can significantly impact elections by distorting representation and affecting voter influence.
48. What is malapportionment?
Malapportionment refers to the unequal representation in legislative bodies, where the population of different districts is not balanced in terms of the number of people each district represents. In other words, some districts may have significantly more people than others, causing disparities in the weight of individual votes.
49. Describe one effect of party polarization on legislation and confirmations.
One major effect of party polarization on legislation and confirmations is increased gridlock in Congress.
50. Define divided government and identify two potential results of divided government.
Divided government occurs when different political parties control different branches of government. For example, one party might control the executive branch (the presidency) while the other party controls one or both chambers of Congress (the House of Representatives or the Senate).
Enduring Understanding: The presidency has been enhanced beyond its expressed constitutional powers.
2.4 Roles and Powers of the President
Objective: Explain the relationship between key provisions of the Articles of Confederation
and the debate over granting the federal government greater power formerly reserved to the states.
Essential Knowledge:
Presidents use powers and perform functions of the office to accomplish a policy agenda.
Formal and informal powers of the president include:
-Vetoes and pocket vetoes—formal powers that enable the president to check Congress
-Foreign policy—both formal (commander in-chief and treaties) and informal (executive agreements) powers that influence relations with foreign nations
-Bargaining and persuasion—informal power that enables the president to secure congressional action -Executive orders—implied from the president’s vested “executive power,” or from power delegated by Congress, executive orders allow the president to manage the federal government
-Signing statements—informal power that informs Congress and the public of the president’s interpretation of laws passed by Congress and signed by the president
For each of the following presidential powers, define the term, indicate if it’s formal (enumerated in constitution) or informal (implied).
51. Veto
a. Definition/explanation (example if you can) - The president's power to reject a bill passed by Congress, preventing it from becoming law. FORMAL.
52. Pocket veto
a. Definition/explanation (example if you can) - The president does not sign a bill into law and allows it to "expire" by taking no action on it while Congress is adjourned. FORMAL.
53. Treaty negotiation
a. Definition/explanation (example if you can) - The president’s authority to negotiate and sign treaties with foreign nations, which must be ratified by the Senate. FORMAL.
54. Executive agreements
a. Definition/explanation (example if you can) - An executive agreement is a formal agreement between the U.S. president and a foreign country that bypasses the Senate. It’s typically used for routine matters, such as trade deals, military cooperation, or other foreign policy issues. INFORMAL.
55. Commander in chief
a. Definition/explanation (example if you can) - The president’s authority over the military, allowing them to command the armed forces. FORMAL.
56. Executive orders
a. Definition/explanation (example if you can) - Directives issued by the president that manage the operations of the federal government and have the force of law. INFORMAL.
57. Signing statements
a. Definition/explanation(example if you can) - A signing statement is a statement issued by the president at the time of signing a bill into law, which may include. INFORMAL.
58. Pardon
a. Definition/explanation (example if you can) - The president's authority to forgive individuals for federal crimes, effectively removing their punishment. FORMAL.
59. Appointments
a. Definition/explanation (example if you can) - The president’s ability to appoint federal judges, ambassadors, and other officials, with Senate approval. FORMAL.
2.5 Checks on the Presidency
Objective: Explain how the president’s agenda can create tension and frequent confrontations with Congress.
Essential Knowledge:
The potential for conflict with the Senate depends upon the type of executive branch appointments, including:
-Cabinet members
-Ambassadors § White House staff
Senate confirmation is an important check on appointment powers, but the president’s longest lasting influence lies in life-tenured judicial appointments.
Policy initiatives and executive orders promoted by the president often lead to conflict with the congressional agenda.
Explain how another branch can limit/check the power (if applicable)
60. Veto
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
61. Pocket veto
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
62. Treaty negotiation
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
63. Executive agreements
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
Commander in chief
64. Executive orders
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
65. Signing statements
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
66. Pardon
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
67. Appointments
a. How others can limit (if it’s Congress - be specific which chamber/how big of a vote is needed)?
68. Describe why judicial appointments are often contentious.
2.6 Expansion of Presidential Power
Objective: Explain how presidents have interpreted and justified their use of formal and informal powers.
Essential Knowledge:
Justifications for a single executive are set forth in Federalist No. 70.
Term-of-office and constitutional-power restrictions, including the passage of the Twenty-Second Amendment, demonstrate changing presidential roles.
Different perspectives on the presidential role, ranging from a limited to a more expansive interpretation and use of power, continue to be debated in the context of contemporary events.
69. What kind of executive was outlined in Federalist 70?
In Federalist No. 70, Alexander Hamilton argued for the need for a strong, energetic executive as a critical component of a successful government. He outlined the ideal characteristics of the executive branch under the Constitution, emphasizing the importance of a single executive (a president) rather than a plural executive (a group of leaders).
70. What Constitutional advantages does the president have in dealing with foreign policy
Commander - in - chief, Treaty Making Power, Executive agreements, Recognition of Foreign Governments, Appointments, Veto Power, Power to Issue Pardon.
71. How did the 22nd Amendment restrict the power of the president?
The 22nd Amendment to the U.S. Constitution, ratified in 1951, restricts the power of the president by limiting the number of terms an individual can serve in office. Specifically, it states that no person can be elected to the presidency more than twice, and if a person has already served more than two years of another president’s term, they can only serve one additional term.
72. Describe an argument in favor of a limited interpretation of presidential power and an expansive interpretation of presidential power.
A limited interpretation of presidential power is based on the idea that the Constitution grants only specific, enumerated powers to the president. Those powers are clearly defined in Article II, and any powers not explicitly granted should be seen as out of bounds.
An expansive interpretation of presidential power is based on the notion that the president should have broad, implied powers to act effectively in the face of national emergencies, economic crises, and global challenges. The president is the chief executive and commander-in-chief, roles that require the flexibility to act decisively without being bogged down by excessive legal constraints.
2.7 Presidential Communication
Objective: Explain how communication technology has changed the president’s relationship with the national constituency and the other branches.
Essential Knowledge:
The communication impact of the presidency can be demonstrated through such factors as: -Modern technology, social media, and rapid response to political issues -Nationally broadcast State of the Union messages and the president’s bully pulpit used as tools for agenda setting
73. Define bully pulpit.
74. How can the president use the power of the bully pulpit to advance policy wishes via social media?
75. What is the State of the Union? How can it help the president?
The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.
2.8 The Judicial Branch
Objective: Explain the principle of judicial review and how it checks the power of other institutions and state governments.
Essential Knowledge:
The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in:
-Article III of the Constitution
-Federalist No. 78 -Marbury v. Madison (1803)
76. What is the power of the judicial branch?
Judicial review, Interpretation of the law, Ensuring due process, Ensuring Due Process, Checking the other branches, settling legal disputes, protection of individual rights
77. Where are the judiciary's powers found in the U.S. Constitution?
The judiciary's powers are primarily found in Article III of the U.S. Constitution, which establishes the judicial branch and outlines its powers and functions. Here are the key parts of Article III that define the judiciary’s powers.
78. Describe the facts, holding, and reasoning in Marbury v. Madison 1803?
Facts
In the final days of President John Adams's administration, he appointed several individuals, including William Marbury, to judicial positions. These appointments were part of what is known as the "Midnight Appointments."
Holding
The Supreme Court, under Chief Justice John Marshall, ruled that Marbury was indeed entitled to his commission, but the Court could not compel Madison to deliver it through a writ of mandamus because the section of the Judiciary Act of 1789 that granted the Court the power to issue such a writ was unconstitutional.
Reasoning
Marbury's Right to the Commission: The Court first determined that Marbury had a legal right to the commission because it was signed by the President and sealed by the Secretary of State. The failure to deliver it was a violation of his rights.
79. Define judicial review. Identify four policies and actions the Supreme Court can strike down using the power of judicial review.
The power to strike down laws or actions that are unconstitutional.
80. According to Federalist 78, why is life tenure necessary?
2.9 Legitimacy of the Judicial Branch
Objective: Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
Essential Knowledge:
Precedents and stare decisis play an important role in judicial decision making.
Precedents and stare decisis play an important role in judicial decision making.
Ideological changes in the composition of the Supreme Court due to presidential appointments have led to the Court’s establishing new or rejecting existing precedents.
81. Describe how justices get on the Court.
82. What is a precedent?
83. Define stare decisis.
84. Identify the cause of ideological changes on the Supreme Court and describe the impact of such changes on the role of precedent.
85. What is the difference between the majority opinion, dissenting opinion, and concurring opinion?
86. What is original jurisdiction?
87. When does SCOTUS use its appellate jurisdiction?
2.10 The Court in Action
Objective: Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
Essential Knowledge:
Controversial or unpopular court decisions can lead to challenges to the court’s legitimacy and power that Congress and the president can address only through future appointments, legislation changing the Court’s jurisdiction, or refusing to implement decisions.
88. How is the Court insulated from public opinion?
The Supreme Court and other federal courts are designed to be insulated from public opinion and political pressures in order to maintain their independence and impartiality. This insulation allows the judiciary to make decisions based on the Constitution and the law, rather than swaying with political trends or popular sentiment. Here are the primary ways in which the Court is insulated:
89. What is the rule of four, and a writ of certiorari?
The Rule of Four is a principle used by the U.S. Supreme Court to decide whether it will hear a case. According to this rule, at least four justices of the Supreme Court must agree to grant certiorari (the writ to review the case) before the Court will hear an appeal. This ensures that a case has significant importance or that it raises important legal questions that warrant the Court’s attention.
90. Define judicial activism.
Judicial activism refers to the philosophy or practice in which judges interpret the Constitution and laws in a way that is active and may involve shaping public policy or expanding rights, often through broad interpretations of the law. Judges who engage in judicial activism are seen as willing to depart from strict or traditional interpretations and may influence social, political, or legal outcomes through their rulings.
91. Define judicial restraint.
Judicial restraint is a philosophy of judicial interpretation that advocates for judges to limit their own power and adhere closely to existing laws, precedents, and the Constitution. Judges who follow the principle of judicial restraint typically avoid making rulings that could involve overturning laws or interfering with public policy, and instead defer to the decisions made by elected branches of government (Congress and the President), unless there is a clear constitutional violation.
2.11 Checks on the Judicial Branch
Objective: Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
Objective: Explain how other branches in the government can limit the Supreme Court’s power.
Essential Knowledge:
Political discussion about the Supreme Court’s power is illustrated by the ongoing debate over judicial activism versus judicial restraint.
Restrictions on the Supreme Court are represented by: -Congressional legislation to modify the impact of prior Supreme Court decisions
-Constitutional amendments
-Judicial appointments and confirmations
-The president and states evading or ignoring Supreme Court decisions -Legislation impacting court jurisdiction
92. What can Congress do if it disagrees with a judicial ruling?
If Congress disagrees with a judicial ruling, it has several options available, though its ability to directly overturn judicial decisions is limited by the separation of powers and the constitutional framework. However, there are actions Congress can take to counteract or influence judicial decisions in the long term.
93. What can the president do if he disagrees with a judicial ruling?
Appeal the decision, Issue executive orders or actions, Propose legislation, Pardon or communications, Nominate new judges, Public advocacy, call for constitutional amendment.
94. What can states do if they disagree with a judicial ruling?
95. Aside from the Supreme Court, who determines the federal court’s jurisdiction?
Congress has the constitutional authority to define and regulate the jurisdiction of the federal judiciary, including both district courts and courts of appeals. This power is derived from Article III, Section 1 of the Constitution, which grants Congress the ability to establish and organize inferior federal courts (those below the Supreme Court). The power to define the jurisdiction of these courts is vested in Congress.
The federal bureaucracy implements federal policies.
2.12 The Bureaucracy
Objective: Explain how the bureaucracy carries out the responsibilities of the federal government.
Essential Knowledge:
Tasks performed by departments, agencies, commissions, and government corporations are represented by: -Writing and enforcing regulations
-Issuing fines
-Testifying before Congress
-Issue networks and “iron triangles”
Political patronage, civil service, and merit system reforms all impact the effectiveness of the bureaucracy by promoting professionalism, specialization, and neutrality.
96. What is the purpose of the bureaucracy? What makes up the bureaucracy?
The bureaucracy is a critical part of the executive branch of the U.S. government. Its primary purpose is to implement and enforce the laws and policies passed by Congress and directed by the president. Essentially, the bureaucracy carries out the day-to-day operations of the government, ensuring that laws, regulations, and programs are effectively administered and that public services are provided.
97. How is the merit system different from the patronage system?
The merit system and the patronage system are two different methods of selecting and promoting individuals within the government, particularly in civil service positions.
98. What is a Cabinet Department? Give an example of a department.
A Cabinet Department is a major administrative unit of the executive branch of the U.S. government, each headed by a Secretary. These departments are responsible for overseeing a broad area of public policy, government function, and the implementation of laws passed by Congress.
99. What is an independent regulatory commission?? Give two examples.
100. What is an independent executive agency? Give two examples.
An independent executive agency is a type of federal agency that exists outside of the major executive departments (i.e., Cabinet departments) but is still part of the executive branch of the U.S. government. These agencies are created by Congress to carry out specific functions that do not fall under the purview of the Cabinet departments. Independent executive agencies are typically responsible for specialized tasks and have a significant degree of autonomy from direct presidential control.
101. What are government corporations? Give two examples.
102. Define an iron triangle.
An iron triangle refers to the strong, mutually beneficial relationship that forms between three key actors in U.S. politics: congressional committees, bureaucratic agencies, and interest groups. These three entities work together to shape policy in ways that serve their mutual interests, often behind the scenes.
103. Define an issue network.An issue network is a more complex and fluid version of the iron triangle, involving a broad coalition of actors (including interest groups, think tanks, government agencies, academics, and media) who work together to influence public policy on a specific issue. Unlike the more stable, hierarchical relationships in iron triangles, issue networks are typically less formal and more dynamic, with a greater range of participants who come and go depending on the issue at hand.
2.13 Discretionary and Rule-Making Authority
Objective: Explain how the federal bureaucracy uses delegated discretionary authority for rule-making and implementation.
Essential Knowledge:
Discretionary and rule-making authority to implement policy are given to bureaucratic agencies, including: -Department of Homeland Security
-Department of Transportation -Department of Veterans Affairs
-Department of Education -Environmental Protection Agency (EPA)
-Federal Elections Commission (FEC) -Securities and Exchange Commission (SEC)
104. Explain how discretionary authority and rule-making authority empower bureaucratic agencies.
105. Explain one reason why Congress gives agencies bureaucratic discretionary authority.
One reason Congress grants agencies bureaucratic discretionary authority is to allow for expertise and flexibility in implementing laws. Congress often passes broad legislation, leaving the details to be worked out by specialized agencies. These agencies have the technical knowledge and experience to make informed decisions and interpret the law in ways that reflect changing conditions, unforeseen situations, or evolving standards. This flexibility ensures that policies can be implemented effectively without needing constant legislative update.
106. Why is the bureaucracy sometimes criticized as being “unaccountable”?
The bureaucracy is sometimes criticized as being "unaccountable" because it operates with a significant degree of independence from elected officials and the public. Bureaucrats, who are career civil servants, often make decisions based on expertise and regulations, which can make it difficult for the general public or even legislators to influence or oversee their actions directly. Additionally, bureaucratic processes can be opaque and complex, leading to a lack of transparency in decision-making. This separation from direct democratic control can give the impression that agencies are not responsive to public needs or concerns, contributing to the criticism of being unaccountable.
107. What discretionary and rule-making authority do the following bureaucratic agencies have?
1. Environmental Protection Agency (EPA)
2. Federal Elections Commission (FEC)
3. Securities and Exchange Commission (SEC)
2.14 Holding the Bureaucracy Accountable
Objective: Explain how Congress uses its oversight power in its relationship with the executive branch.
Objective: Explain how the president ensures that executive branch agencies and departments carry out their responsibilities in concert with the goals of the administration.
Essential Knowledge:
Oversight and methods used by Congress to ensure that legislation is implemented as intended are represented by: -Committee hearings -Power of the purse
As a means to curtail the use of presidential power, congressional oversight serves as a check of executive authorization and appropriation
Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.
Compliance monitoring can pose a challenge to policy implementation.
108. Define congressional oversight.
Congressional oversight refers to the power and responsibility of Congress to monitor, review, and supervise the actions of the executive branch, federal agencies, and other governmental entities to ensure they are implementing laws as intended and adhering to constitutional principles. Through oversight, Congress ensures that executive actions align with legislative goals and that public resources are being spent appropriately.
109. How does Congress ensure that bureaucrats implement the law in the way Congress intended?
Congress ensures that bureaucrats (i.e., officials and employees within the executive branch agencies) implement laws as intended through a combination of legislative oversight, funding control, rulemaking authority, and formal investigations. These tools allow Congress to guide, monitor, and correct the actions of federal agencies to ensure they are executing the law according to congressional intent.