AP GOV Essential Questions Review

55. How has the 14th Amendment's due process clause been used to expand individual liberties?

"Nor shall any state deprive any person of life, liberty, or property without due process of law." Beginning in a 1925 Supreme Court case, the Court has interpreted this clause as preventing states from infringing on any fundamental liberties. In a series of selective incorporation cases from 1925 to present (most recent example was in 2019), people are now protected from both federal and state actions that would infringe on civil liberties

54. How has selective incorporation weakened state governments?

As civil liberties are incorporated on a case-by-case basis, states can no longer violate those rights and are therefore limited by the Bill of Rights like the federal government has been. For example, following the incorporation of the 2nd Amendment in McDonald v. Chicago (2010), states can no longer violate an individual's right to bear arms.

59. How have Supreme Court rulings affected civil liberties over time?

At times the Court has limited civil liberties, as in Schenck v. U.S., which allowed Congress to restrict speech based on time, place, and manner, but has generally expanded civil liberties through cases such as Engel v. Vitale (establishment), Gideon v. Wainwright (right to counsel), Tinker v. Des Moines (speech) New York Times v. U.S. (press), Wisconsin v. Yoder (free-exercise), Roe v. Wade (privacy), McDonald v. Chicago (bear arms), Citizens United v. F.E.C. (speech)

83. Explain why some people may support the Court's ruling in Citizens United v. F.E.C. (2010).

Citizens United held that free speech allows people and corporations to spend unlimited amounts of money on political campaigns (independent expenditures). In the majority opinion Justice Roberts points out that political speech is at the heart of the 1st Amendment's protection of free speech. Additionally, it makes no distinction between speech that will only be heard by a small audience and speech that may reach millions of people. He argues that this is simply a speech issue and when viewed as such Congress has no right to limit speech of certain disfavored (in this case corporations and unions) speakers.

35. What Constitutional advantages does the president have dealing with foreign affairs?

He is commander-in-Chief, the state and defense departments as well as the intelligence services report directly to him, has access to more intelligence and information than Congress, he can also act more decisively than Congress, which was designed to be slow and deliberate.

4. What were the primary goals of the anti-federalists?

Maintain state sovereignty, obtain a federal Bill of Rights to limit the federal government and protect individual freedoms, prevent Congress from having the power to tax, and ensuring that the federal Supreme Court couldn't overrule state courts. They successfully obtained a promise that a Bill of Rights would be created upon ratification of the Constitution, however, they failed on their other three goals. The Constitution set up a system of shared sovereignty, in which the federal is sovereign in some matters while the states are sovereign in others. Congress, of course, can tax, and the Supreme Court through judicial review can strike down state laws and overrule state courts.

30. Explain the impact of filibuster and cloture rules in the Senate on the law-making process.

Need 60 votes to invoke cloture to end a filibuster on legislation, since filibusters are used so frequently it now takes a 60-member majority to pass significant or controversial legislation. The Senate now requires only 51 votes to invoke cloture on judicial nominations, making it easier for more ideological judges to be confirmed.

43. How can presidents ensure that bureaucratic agencies work in harmony with the administration's goals?

Presidents can issue executive orders redirecting their activities, can reorganize the bureaucracy, and set goals and objectives for agencies.

37. Describe an expansive interpretation of presidential power and give justification for it.

Some believe that the other branches should defer to the president because he is the only person voted on by the entire country and because he has access to more information than Congress and much of that information may be highly sensitive so Congress should defer to the president and support him.

7. Provide examples of participatory democracy in some state government policies.

Some states allow initiatives and referendums. An initiative is a bill written by a citizen that gets placed on the ballot for the citizens of a state to vote on, while a referendum is written by a member of the state government, but its passage is also determined by a vote of the state's residents. These are both examples of participatory democracy because citizens can directly vote on particular policies.

29. Describe the role of standing committees in congressional oversight.

Standing committees are in charge of oversight and congressional hearings on agencies and the implementation of laws that have always been passed, so they hold follow up hearings ensuring that the law is being enforced as Congress intended.

6. How is participatory democracy visible in constitutional amendments?

The U.S. has become more democratic through the 15th, 17th, 19th, and 26h amendments, which expanded suffrage to African-Americans (15th), women (19th), 18-year-olds (26th), and allowed the direction election of Senators (17th).

15. Identify how the tremendous increase in federal grants to states has shifted the U.S to cooperative federalism.

The federal government provides categorical grants to states that include conditions of aid/incentives, things states must do to receive the money. In order to get the money, states must follow the policies the federal government outlines, increasing federal power over policy areas that are reserved to the states. This leads to a blurring of the lines between what is state and what is federal as the two levels of government share the costs, administration, and regulation of many policies once reserved to the states.

45. How does the power of the purse enable Congress to limit the power of the president and bureaucracy?

The president must negotiate and compromise with Congress so they appropriate money for his preferred policies; bureaucratic agencies and departments must please Congress since they control whether the agency's budget is increased or decreased. .

44. How do congressional oversight hearings enable Congress to limit the power of the bureaucracy?

They can investigate to ensure that the agencies are enforcing laws as intended, can require agency/department heads to testify, can reduce their budget, pass new legislation limiting their discretion, or even abolish an agency

42. Identify factors that contribute to bureaucratic independence.

They have expertise in their policy area, it is difficult to fire bureaucrats, they are non-politically appointed, and they are allowed administrative discretion to choose the best way to implement federal laws.

50. What may happen to old precedents when the ideological balance of the Supreme Court shifts following an appointment?

They may be struck down as the Court establishes new precedents that the new ideological majority on the Court favors. For example, the Rehnquist and Roberts Courts have been more conservative than the Warren and Burger Courts that preceded them. These Courts have narrowed the scope of many of the more liberal rulings of the previous Courts and in many instances have directly overturned precedents set by those Courts.

88. How do interest groups exert influence through iron triangles and issue networks?

They work closely with congressional committees and bureaucratic agencies to ensure that Congress passes laws and the agencies write regulations that benefit the interest group's members. The interest group offers electoral support to members of Congress in the form of contributions and PAC support, while the agencies benefit from this relationship since Congress is in charge of their budget, so each part benefits.

76. Describe the principle of "one person, one vote".

This means that all citizens should be represented equally in the House of Representatives. It's based on the equal protection clause and has been used to ban malapportionment.

89. How does variation in resources of interest groups affect their ability to influence elections and policy making?

Those with more money can give more to PACs, some with large membership can put more electoral pressure on policymakers by mobilizing their membership. The influence of groups is very unequal depending on their money, size, and access to policymakers

39. What is the primary role of the bureaucracy in the policy process?

To implement and enforce federal laws and regulations

40. Describe the difference between political and non-political appointees in the bureaucracy.

Top-level positions in the bureaucracy are usually political appointments by the president, many subject to Senate confirmation. The vast majority of jobs within the bureaucracy, however, are non-political. People earn these jobs through the merit system, sometimes taking a civil service exam, earning the job because they are qualified, not because they received it as a result of political patronage.

99. Compare voter turnout rates in various elections: presidential, midterm congressional, and primaries.

Voter turnout is highest in presidential elections, lower in midterms and primaries. Voters in midterm and primary elections tend to be more ideological and partisan voters than those who participate only in presidential elections. Low compared to other western democracies.

97. How has the media in recent years impacted the level of political knowledge among citizens?

We have access to more information than ever before but may not be as well-informed as social media, consumer-driven media, and ideologically oriented programming may lead to more reinforcement of existing beliefs and an overreliance on horserace journalism causes people to know about the popularity of candidates than their platforms and stance on issues.

92. When is litigation a good strategy for interest groups?

When they believe an existing policy is unconstitutional and/or when they are defending the rights of a political minority that is unlikely to win democratically. Brown v. Board of Education and Obergefell v. Hodges are both good examples of this.

98. What role does the media play in agenda setting?

(1) Media reports on an issue and it gains importance to the public, (2) public demands actions be taken to address the issue, (3) issue becomes part of governmental agenda to be addressed by policymakers.

77. Why do some question whether the Electoral College impedes democracy?

A candidate can win the popular vote but lose the electoral vote and thus the presidency. Some argue this is undemocratic. Instead of citizens directly electing the president, the president is chosen by the Electoral College.

24. What advantages did Madison believe a large republic would have over a smaller republic?

A large republic would better control the problem of factions because there would be more factions in a large republic, making it less likely that any faction with goals adverse the nation could obtain a majority and be able to carry out their schemes of oppression. Additionally, in a larger republic it's more likely that we would have better, more capable leadership since we'd be drawing on a larger pool of talent.

34. According to Federalist No. 70, why is a single executive desirable?

A single executive can act more decisively and quickly; will also be held more accountable by the public and be more responsive to public opinion since public will know who to assign blame or credit to unlike if the executive power was shared among a council, each would blame the other and the public wouldn't know who to blame.

26. Describe ways that the House of Representatives is different than the Senate.

All tax and revenue bills must originate in the House. The House has the power of impeachment. The House selects the president if no candidate wins a majority of the electoral vote. The House is more strict and rules-based. There is a time limit for speaking during floor debate, all speech must be germane (on-topic), legislation passes through a Rules Committee, amendments may or may not be allowed on the floor. The House focuses more on domestic policy. If a bill is stuck in committee a majority of members may vote for a discharge petition to force the bill out of committee. The House can also form itself into a Committee of the Whole to speed along the passage of legislation.

14. Identify advantages of federalism in the creation of public policy.

Allows the federal government to make unified policy when necessary or to protect minority rights when states may be violating them. (Think of civil rights legislation.) Also allows states to make policies specific to their needs and to serve as laboratories of democracy when there isn't a national consensus on an issue

41. Why is the bureaucracy sometimes said to have questionable accountability?

Although they have the power to make regulations (administrative law) that have the power of law, citizens can't vote for or against them and it's often extremely difficult to fire them.

12. How do separation of powers and federalism protect the rights of the individuals?

Both ensure that no one person, branch, or level of government has too much power. Separation of powers does so by creating 3 branches of the federal government, each with their own powers: Legislative-make laws, Executive-enforce laws, and Judicial-interpret laws. Federalism is the division of power between national, state, and local governments, leaving some policymaking powers to each level.

60. How have Supreme Court rulings expanded civil rights?

Brown v. Board (banned segregation in public schools) and Obergefell v. Hodges (legalized same-sex marriage)

79. How does the Electoral College affect candidates' strategies?

Candidates focus mostly on competitive states with more electoral votes aka swing/battleground states. They ignore less populous states or state that vote consistently for one party or the other. As a result much of the candidates time, energy, campaign promises, and financial resources are focused on just a handful of states, giving these states outsized influence on the election of the president.

62. Describe how the equal protection clause has inspired social movements.

Civil rights, women's rights, and LGBTQ rights movements are based on the inclusive nature of the equal protection clause and such social movements demand the fulfillment of the inclusive words of the equal protection clause. Civil Rights movement led to the passage of the Civil Rights Act of 1964, the 24th Amendment, and the Voting Rights Act of 1965. The women's rights movement led to the passage of the Equal Pay Act of 1963, the Civil Rights act of 1964, and Title IX of Education Amendments. LGBTQ rights movement has won victories at the state level and Supreme Court decisions such as Obergefell v. Hodges at the national level.

17. What features of the original Constitution have led to the federal government gaining more power over time?

Commerce clause (see #19 for more detail), necessary and proper clause (see #20 for more detail), supremacy clause asserts that the federal government is superior to the states when the two conflict, and the spending clause has made it possible for the federal government to use federal grants to states to gain power over the states (see #15 for more detail).

20. Why has the necessary and proper (elastic) clause led to expansion of congressional power, and why is this controversial?

Congress can make any laws necessary and proper for executing their enumerated powers. This has given them implied powers, which expanded their power to make legislation in areas not enumerated, such as on economic, environmental, and social issues.

3. Identify features of the original Constitution that attempt to promote safety and order.

Congress can tax, raise an army and navy, conduct foreign policy, regulate interstate commerce, coin money, and punish counterfeiters. Each of these strengthen Congress—some in areas like providing for the common defense—while other of these powers can help maintain uniform policy in the nation by only having a single currency and not allowing states to have their own conflicting trade policies or the ability to erect tariffs against other states. The full faith and credit clause requires states to recognize the legal rulings of other states; the privileges and immunities clause makes it illegal for states to discriminate against residents of other states, and the Constitution requires states to have extradition policies, wherein they will return fugitive or suspected criminals to their original state if they catch them.

69. Explain how different ideologies impact policy on social issues.

Conservatives are less concerned with social liberty and privacy and more concerned with maintaining law and order, while liberals and libertarians strongly support social liberty and privacy and the rights of the accused, at times at the expense of law and order concerns.

68. Describe how ideologies vary on the role of government in regulating the marketplace.

Conservatives favor less economic regulation, liberals favor more economic regulation, libertarians favor only minimal regulation and protection of property rights.

70. Describe how ideologies vary on the role of government in addressing social issues.

Conservatives typically don't favor needs-based entitlement programs, liberals support such programs that seek to reduce social and economic inequality, and libertarians don't believe it's the role of government to intervene at all

33. Identify 4 ways Congress can affect foreign policy.

Declare war, power of the purse, treaty ratification, confirmation of ambassadors and cabinet secretaries. Declaring war is their primary constitutional power over foreign policy, however in recent decades it hasn't been relevant. Today, the power of the purse, or budget power, is the most important way Congress can affect foreign policy by either increasing or decreasing the defense budget.

95. How can the media's use of polling results impact elections?

Focus on polls instead of substantive issues. Viewers are less informed. May make elections based more on popularity than policy positions and qualifications. This is known as horserace journalism.

94. Describe the change in recent years of how citizens acquire political information.

From past to present: newspaper→ radio → TV → Cable TV → Internet/blogs → social media

22. Why didn't the Constitution originally contain a bill of rights? Why was one added?

Hamilton and Madison argued that noting in the Constitution empowered the federal government to violate civil liberties, so it wasn't necessary to explicitly state that they couldn't. A Bill of Rights was added to placate anti-Federalists and several states only ratified the Constitution on the condition that there would be a Bill of Rights.

23. Describe Hamilton's argument that having a Bill of Rights could actually make it more likely that Congress would be able to violate people's rights.

He argued that having a Bill of Rights could actually lead to those rights being violated because Congress would attempt to use an amendment "Congress shall make no law abridging freedom of speech" to justify a law limiting speech by arguing "Well, that amendment certainly doesn't mean that ALL speech is allowed, so we're just clarifying the amendment."

31. Identify causes of party polarization.

Ideological and partisan voters in primary and congressional elections are more likely to choose more ideological candidates, ideologically-oriented news sources, clear division on political issues between major political parties each have the effect of increasing the ideological division between the two major parties.

46. According to Federalist No. 78, why is life tenure for judges necessary to maintain an independent judiciary?

If the other branches could remove judges or cut their pay they may not strike down unconstitutional acts by Congress or the president and the purpose of the judiciary is to protect the Constitution from Congress and the president so it must be completely independent of the other branches to ensure that its empowered to carry out its role as the protectors of the Constitution.

81. Identify differences in campaign strategy between primary elections and general elections.

In primaries candidates usually attempt to appeal to their party's base which is more partisan and ideological, while in the general election they attempt to win over independents, undecided, and moderates. This affects the rhetoric and types of issues the candidate focuses on in each election.

87. Identify the potential problems of interest group influence on elections and policy making.

Interest groups have very unequal financial resources, size of membership, and access to policymakers, so some interest groups are more powerful and policies that benefit those groups get made instead of policies the public supports

49. How does Senate confirmation affect judicial decision making?

It affects the ideology of the Justices on the Court, which affects the cases the Court will hear and the decisions the Court reaches

10. Identify advantages of establishing a stronger central government.

It can act more quickly and better respond to emergencies and crises, can make unified policy for entire country, federal courts can settle disputes between states, a single currency makes interstate commerce more efficient, no tariffs between states to restrict trade. Federalist No. 10 argues that in a larger republic the power of factions will be diminished, the rights of minorities will be better protected, and we will also have better leadership because we are more likely to found talented and public-minded people in a larger republic than in a small one.

80. How does the Electoral College impact democratic participation?

It diminishes participatory democracy. The Electoral College acts as a barrier between the people and the election of the president, who is not directly elected by the people, but rather elected by the Electoral College. This was the intention of the Founders, who feared mob rule and believed that an uninformed public couldn't be trusted to make such an important decision. It's an example of elite democracy.

How does the Declaration of Independence provide the philosophical inspiration for American Democracy?

It emphasizes natural rights, popular sovereignty, and the social contract. Natural rights are rights that all people have that they receive by virtue of being human and the social contract states that the purpose of government is to protect these rights, and popular sovereignty is the idea that people are the source of any governmental power.

96. How have increasingly diverse choices of media outlets influenced political institutions and behavior?

It has likely contributed to party polarization and a more divided electorate. Many obtain news from sources that confirm their worldview and hence are only partially informed, but become ever more convinced that her/his side is right.

52. What does the lack of police power mean for the Judiciary?

It lacks the ability to enforce its decisions and must rely on the president, states, and local governments to do so. It must maintain its legitimacy in the eyes of the public or risks losing its influence if rulings are ignored.

78. Why do some argue that the Electoral College facilitates democracy?

It protects rural voters. If it was based off of the popular vote, campaigns would almost certainly ignore less populated rural areas of the country and focus primarily on densely populated urban and suburban areas. It also protects the interests of small states, and leaves a role for states, reinforcing our federal system.

48. How does the exercise of judicial review along with Justice's life tenure lead to debate about the legitimacy of the Court's power?

Justices aren't accountable to the people and can strike down policies that may have popular support. Additionally, judicial review isn't mentioned in the Constitution and the Court can't enforce its rulings, so it relies on the executive branch and states for enforcement.

91. Identify two ways interest groups attempt to influence the Supreme Court.

Litigation and amicus curiae briefs, aka "friend of the Court" briefs, which they file when they are not directly involved in a case but interested in the outcome to try to sway the Court to rule in favor of one side. Litigation involves an interest group filing a law suit to attempt get policy changed by the Supreme Court.

75. What are limits that the Supreme Court has placed on redistricting?

Malapportionment, or districts of very unequal size, is not allowed. Gerrymandering is allowed, however the district lines must be contiguous and the districts can't be drawn based only on race.

73. Describe some informal barriers that make it difficult for third parties to succeed.

Many people feel like voting for a third party candidate is a waste of a vote, third parties receive less media attention, third parties don't raise as much money. If there is a popular portion of the party's platform that begins resonating with a large amount of the public, frequently one of the two major parties will take that position and establish it as part of their platform.

36. Why do the president's agenda and executive orders often create tension and conflict with Congress?

May have differing policy goals, serve different constituencies (president has a national constituency, Congressmen serve either a district or state), executive orders don't require congressional approval, removing Congress from the process.

65. How do public opinion polls influence members of Congress and election strategy?

Members of Congress often vote with the opinion of their constituents because of a desire to get reelected or a feeling that they have an obligation to vote as their constituents want (delegate model). Polling helps them to tweak their strategy to know which issues to focus on (or not focus on), as well as to learn what is important to voters, and to help them determine where to campaign most heavily and where to focus their electoral resources such as money, time, and volunteers.

58. How has the Supreme Court attempted to balance individual freedom with maintaining public order and safety?

One example is protecting the rights of the accused through the exclusionary rule and Miranda warnings, but they have allowed exceptions to both of these, including the public safety exception to Miranda. The exclusionary rule states that any illegally obtained evidence may not be used in trial, however this has been limited by rulings that allow illegally obtained evidence to be used if police believed the search was legal or if the evidence would have eventually been found. The Miranda warning must be given to suspects, informing suspects of their 5th and 6th Amendment rights. However, the public safety exception states that if there is a dangerous situation in which public safety is involved police may ask the suspect a question and the response may be used in court even if the suspect hasn't been informed of his Miranda rights.

53. Describe how accusing judges of "legislating from the bench" is a critique of judicial activism.

Only Congress has the power to legislate, so this is accusing judges of acting as lawmakers, making policy for the country even though they are unelected and exceeding their proper constitutional role. For example, critics of Roe v. Wade would argue that it was judicial overreach and that it should be up to each state to choose its own policies on that issue.

84. Describe the differences between PACs and Super PACs.

PACs can spend independently and give directly to candidates but cannot receive $ from corporations or unions while Super PACs can't give any $ directly to a candidate but can receive contributions from corporations/ unions. Both can raise and spend an unlimited amount of $ independent expenditures.

93. Identify significant differences between political parties and interest groups.

Parties have to have a policy position on virtually everything and try to include as many people as possible, while interest groups have a more narrow focus. Both support campaigns through money and GOTV mobilization efforts, but only parties nominate candidates.

86. Identify the benefits of interest group influence on elections and policy making.

People can have a voice in the policy-making process and support campaigns and policies that the group favors, linking citizens to the government and allowing people to have another outlet in addition to parties and elections to influence policy.

61. Have Supreme Court rulings at times limited civil rights?

Plessy v. Ferguson allowed separate but equal legalized discrimination; Shaw v. Reno disallowed racial gerrymandering, even if the purpose was to help minorities by endorsing a colorblind interpretation of the constitution.

64. How do political ideology and core American values influence government policy making?

Policies typically reflect a commitment to core values such as individualism, equal opportunity, free enterprise, rule of law, and limited government. However, because the U.S. is a democracy, policies also reflect the attitudes and beliefs of those who choose to participate in politics at that time, so policies sometimes tilt more or less towards liberal or conservative ideologies, depending on who participates in elections and how much support each ideology has at a given point in time.

32. What are the effects of party polarization?

Policy gridlock, tougher to pass legislation, slow/difficult, more contentious confirmations.

63. How are American political beliefs formed and how do they evolve over time?

Political socialization is the process of how we obtain our political beliefs and ideology; parents/families are the primary source, but peers, education, and media also make an impact. Major political events (especially during young adulthood years) also affect political beliefs. Lifecycle effects also matter as the issues that are most important to us tend to change throughout our lives. Generational effects show the difference in ideology among people from different generations (IE, Millennials are more liberal than Generation X or Baby Boomers). Additionally, through globalization American ideals are spread throughout the world and Americans are impacted by ideals of other nations.

8. Identify key powers the federal government lacked under the Articles of Confederation and gained under the Constitution.

Power to tax, regulate interstate commerce, the federal government now has an executive and judicial branch, and the supremacy clause ensures that laws of the federal government are superior to state laws when the two conflict.

38. How has technology changed the president's relationship with the public, and in turn Congress?

President can communicate directly with the public through social media and make extensive use of his bully pulpit, he can go straight to the people and encourage his supporters to put pressure on their Congressmen.

51. What can Congress and the president do in response to an unpopular/controversial Supreme Court ruling?

President may be able to ignore it; Congress can propose a constitutional amendment, pass new legislation limiting the influence of the decision; Presidents can nominate and the Senate can confirm Justices who would vote to overturn the decision.

90. How do lobbyists influence public policy?

Provide information to policymakers, help draft legislation, put pressure on policymakers to support or oppose certain policies. Congressmen work with lobbyists because they provide specialized information because lobbyists are policy experts while Congressmen are policy generalists.

66. Describe the reliability and veracity public opinion data.

Public opinion polls may be reliable if they are scientifically valid (random sample, stratified sample, sufficient sample size 1,000-1,500, report a sampling error), however things such as the wording of the question or the order of questions may affect results. Additionally opinions change, sometimes quickly, so opinion data is at best a snapshot in time of citizen attitudes and beliefs. Because the wording of the question can impact the results it is somewhat easy for a pollster to get a desired result to a poll by asking the question a certain way, which discredits the reliability of the poll. (Veracity means accuracy btw.)

67. Explain how U.S. political culture influences the formation, goals, and implementation of public policy over time.

Public policy has typically reflected commitment to core U.S. political values. Through the equal protection clause, programs like Affirmative Action have attempted to ensure equal opportunity; though most Americans support individualism and personal responsibility, entitlement programs to help the needy have also been enacted, reflecting a flexibility on values like individualism wherein we prefer personal responsibility, but also desire to help those in need.

71. How do political parties influence elections?

Recruit and nominate candidates, establish a party platform, manage campaigns, provide fundraising and media support

47. How do advocates of judicial restraint and judicial activism differ in their belief of the proper role for the judiciary?

Restraint argues to defer to the democratically-elected branches whenever possible because they have the will of the people; activists say the Court needs to strike down unconstitutional laws even if they are politically popular, after all the Bill of Rights is specifically a check on the majority and the Constitution establishes a government with limited powers

56. What limits has the Supreme Court allowed states to place on freedom of expression/speech?

Schenck v. U.S. established the precedent that there can be time, place, and manner restrictions on speech. Currently speech can be limited if it is intended to incite imminent illegal action and is likely to produce such an effect. Additionally, libel (written lie), slander (spoken lie), and obscenity are not protected.

28. Senators and Representatives have different constituencies and term lengths; how does this affect congressional behavior?

Senators have 6 year terms and represent an entire state while Representatives have 2 year terms and represent a district within a state. Because of their shorter term length Representatives are more likely to act as delegates in Congress, closely following public opinion because of a desire to get reelected. Since Senators are only up for election every 6 years they have more leeway to act as a trustee, using their relative freedom to vote the way that they think is best.

9. Identify issues left unresolved by the original Constitution.

Slavery was allowed to continue and the slave trade was allowed to continue for 20 years, after which it could be banned (it was). The proper balance between states and the federal government as well as the balance between individual rights and governmental power both continue to be debated today.

18. Describe the debate over the meaning of the 10th amendment.

Some argue that the 10th amendment means that anything not delegated to the federal government belongs to the states, therefore the federal government can only do what is specifically enumerated in the Constitution. Others argue that the 10th amendment doesn't specify that anything not expressly delegated belongs to the states, therefore states only maintain powers not enumerated or implied to be delegated to the federal government.

82. Describe the reasons some people believe that there need to be limits to the amount of money people can spend on political campaigns.

Some believe that since people have unequal amounts of money, those with more money will also have more power politically. BCRA and the dissenting opinions in Citizens United argue that regulating money in politics isn't about free speech, it's about maintaining the integrity of democracy. There is a fear that corporate money in elections will lead to only corporate-approved candidates winning office and that those officeholders will be doing the bidding of those who got them in power, not the people who voted them into office.

25. Where does most of the work in Congress take place? Where do most bills die?

Standing committees; bills are sent here first, markups, edits, and hearings take place at this stage. Most bills don't make it out of the standing committee.

74. Why do some people advocate for independent commissions to be used for redistricting?

State legislatures currently redraw the districts and often engage in partisan gerrymandering to benefit their party; some believe non-partisan commissions would draw districts that are more fair and competitive since as a result of gerrymandering we have many cracked (diluting the opposing party's voting strength by splitting up their voting base into several districts that contain a majority of members from the party in charge of drawing the districts) and packed (putting a large number of members from the opposing district into as few districts as possible) districts that lead to House races that aren't very competitive.

11. What are advantages of maintaining states' rights?

States can make policies specific to their own needs; citizens have more control over local policies; states can make policy in absence of national consensus; states can serve as laboratories of democracy, meaning that a state can test out a new policy while other states and the federal government observe the results and can then choose to implement similar policy if successful.

16. What dilemma do state governments face when deciding whether to accept federal grants-in-aid?

States want to receive the money, but they don't want to follow the federal rules they have to meet to receive the money because they will lose some power over their policy areas. If they accept the money state power decreases and federal power increases.

57. How does the Supreme Court's interpretation of the 1st and 2nd Amendments reflect a commitment to personal liberty?

The Court typically has a broad interpretation of both amendments. Has expanded religious freedoms through Engel v. Vitale (establishment clause), and Wisconsin v. Yoder (free-exercise), expanded speech through Tinker v. Des Moines and Citizens United v. F.E.C. and expanded press through New York Times v. U.S. Has expanded the 2nd amendment to mean there is an individual right to bear arms and incorporated it.

27. Describe non-legislative powers of the Senate.

The Senate has the power to ratify treaties and to confirm presidential nominations for offices such as federal judges, including Supreme Court Justices, cabinet secretaries, heads of bureaucratic agencies, ambassadors, and diplomats. Typical, confirmations of federal judges (and especially Supreme Court Justices) are the most contentious of all confirmations because federal judges receive their job for life, so this choice has the longest impact, well beyond the term of the president making the nomination.

5. What warnings in Brutus No. 1 regarding the power of the federal government may be relevant today?

The author warned that the necessary and proper clause would greatly expand congressional power and that because of that clause the power of Congress wasn't sufficiently limited. He also warned that the federal government would become more powerful relative to the states, and he stated the power to tax could become tyrannical.

13. Why is federalism said to reflect a dynamic relationship?

The balance of power between states and the federal government has changed over time, from dual to cooperative federalism and over time federal government has generally gained more power at expense of the states. Supreme Court cases like McCulloch v. Maryland (1819) expanded federal power over the states while U.S. v. Lopez (1995) restricted federal power and used the 10th Amendment to reassert the reserved powers clause of the 10th Amendment.

19. Describe how changing interpretations of the commerce clause have affected federal power over the years.

The commerce clause states that Congress can regulate interstate commerce. Gibbons v. Ogden (1825) decided that Only Congress can regulate interstate commerce, increasing Congress' power. Wickard v. Filburn (1942) decided that only Congress can regulate anything affecting interstate commerce, significantly increasing congressional power as this very broad interpretation of the commerce clause can be used to justify the passage of just about any law on the grounds that it "affects" interstate commerce. U.S. v. Lopez (1995) is the first modern limit the Court has placed on the commerce clause, ruling that a law banning guns at schools does not substantially affect interstate commerce.

21. Describe the purpose of the Bill of Rights.

The purpose of the Bill of Rights was to limit the power of the federal government, to prevent it from infringing on personal individual liberties that are guaranteed by the Bill of Rights. It provides a check on the majority by now allowing issues involving fundamental liberties to be decided democratically.

What features of the original Constitution attempt to protect individual liberty?

The writ of habeas corpus prevents indefinite detention of suspected criminals because they must be brought to a judge and either charged or released. Congress is not allowed to pass bills of attainder, which are basically laws that declare a person guilty without a trial, nor can Congress pass an ex post facto law, meaning that if a new law says something is now illegal you can't be punished because you did that action before the law was passed. For example, if Congress passes a law tomorrow saying that it's illegal to use the AP Gov Ultimate Review Packet because it's just too good, you can't be arrested because you used the AP Gov Ultimate Review packet today.

85. Describe the difference between winner-take-all congressional districts and proportional representation.

Winner-take-all voting districts mean that the winner in each district will serve in the House of Representatives and it is very unlikely that a 3rd party candidate will come in first place. In comparison, if we had a proportional representation system we would have a nationwide vote for political parties and the House would then be apportioned based on the percentage of the vote each party received, so even a 3rd party that only received 5% of the vote would have 5% of the seats in the House, thereby greatly incentivizing 3rd parties to form. However, the U.S. has a winner-take-all, not a proportional system.

72. Explain how structural barriers impact third-party success.

Winner-take-all voting districts, a plurality system, single-member districts, and the electoral college are each barriers faced by third party candidates. These systems make it exceedingly likely that candidates from the two major parties will win. (See #85 for more on winner-take-all voting districts)