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AP Government Review. Unit 1 Constitutional Underpinnings. 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. - PowerPoint PPT Presentation
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Page 1: AP Government Review

AP GovernmentAP GovernmentReviewReview

Unit 1 Constitutional Unit 1 Constitutional UnderpinningsUnderpinnings

Page 2: AP Government Review

Goals of the US ConstitutionGoals of the US Constitution

Create a strong union of statesCreate a strong union of states Establish justiceEstablish justice Preserve Domestic OrderPreserve Domestic Order Provide for the common defenseProvide for the common defense Promote general welfarePromote general welfare Promote individual freedomsPromote individual freedoms

Page 3: AP Government Review

Constitution Remedies the Constitution Remedies the Articles of ConfederationArticles of Confederation

Creates FederalismCreates Federalism– A balance between the national and state A balance between the national and state

governmentsgovernments National government could taxNational government could tax Congress could regulate commerce Congress could regulate commerce

between the states and foreign nationsbetween the states and foreign nations Article II created an executive Article II created an executive

department to enforce lawsdepartment to enforce laws Article III created a national judiciary with Article III created a national judiciary with

a Supreme Court and lower courts a Supreme Court and lower courts established by Congressestablished by Congress

Page 4: AP Government Review

Constitution Remedies the Constitution Remedies the Articles of ConfederationArticles of Confederation

Only the national government could Only the national government could coin moneycoin money

States are represented based on States are represented based on population in the House of Reps and population in the House of Reps and equally in the Senateequally in the Senate

Bills need a simple majority in the Bills need a simple majority in the House and SenateHouse and Senate

2/3 of Congress and 3/4of the states 2/3 of Congress and 3/4of the states are necessary to amend the are necessary to amend the ConstitutionConstitution

Page 5: AP Government Review

Basic Principles of the Basic Principles of the ConstitutionConstitution

Limited governmentLimited government Popular sovereigntyPopular sovereignty Separation of powersSeparation of powers Checks and balancesChecks and balances FederalismFederalism

Page 6: AP Government Review

AmendmentsAmendments

The Constitution has been formally The Constitution has been formally amended 27 times.amended 27 times.– Please know all the amendmentsPlease know all the amendments

The first 10 amendments are known The first 10 amendments are known as the Bill of Rightsas the Bill of Rights

Page 7: AP Government Review

Informal Amendments to the Informal Amendments to the ConstitutionConstitution

Legislative action: Judiciary Act of Legislative action: Judiciary Act of 17891789

Executive actions: Executive ordersExecutive actions: Executive orders Judicial review: Judicial review: Marbury v. MadisonMarbury v. Madison Custom and usage: No 3Custom and usage: No 3rdrd term for term for

PresidentsPresidents

Page 8: AP Government Review

FederalismFederalism

Delegated powersDelegated powers– Expressed powers given to the national governmentExpressed powers given to the national government

Implied powersImplied powers– Powers that may be reasonably inferred from the Powers that may be reasonably inferred from the

Constitution (Necessary and Proper Clause)Constitution (Necessary and Proper Clause) Inherent powersInherent powers

– Powers that exist from the national government Powers that exist from the national government because the government is sovereignbecause the government is sovereign

Concurrent powersConcurrent powers– Belong to both the states and national governmentsBelong to both the states and national governments

Reserved powersReserved powers– Powers that belong to the states (Amendment 10)Powers that belong to the states (Amendment 10)

Page 9: AP Government Review

Federalism In PracticeFederalism In Practice

Interstate RelationsInterstate Relations– Full faith and credit clause: states are Full faith and credit clause: states are

required to recognize the laws and legal required to recognize the laws and legal documents of other statesdocuments of other states

– Privileges and immunities clause: states are Privileges and immunities clause: states are prohibited from unreasonably discriminating prohibited from unreasonably discriminating against residents of another stateagainst residents of another state

– Extradition: states may return fugitives to Extradition: states may return fugitives to states which they fledstates which they fled

– Interstate compacts: states may work Interstate compacts: states may work together to solve regional problemstogether to solve regional problems

Page 10: AP Government Review

National SupremacyNational Supremacy

Article IV Supremacy ClauseArticle IV Supremacy Clause

– McCulloch v. Maryland (1819) Federal McCulloch v. Maryland (1819) Federal law is supreme over state lawlaw is supreme over state law

– Gibbons v. Ogden (1824) National Gibbons v. Ogden (1824) National supremacy over interstate commercesupremacy over interstate commerce

Page 11: AP Government Review

Federalism TodayFederalism Today

Dual Federalism (1789-1932) Dual Federalism (1789-1932) – Layer cake federalism: National and state Layer cake federalism: National and state

have power within their own sphere of have power within their own sphere of influenceinfluence

Cooperative Federalism (1932-1968)Cooperative Federalism (1932-1968)– Marble cake federalism: National and Marble cake federalism: National and

state work togetherstate work together New Federalism (Nixon, Reagan, Bush New Federalism (Nixon, Reagan, Bush

41)41)– Devolution of national power to the statesDevolution of national power to the states

Page 12: AP Government Review

Fiscal FederalismFiscal Federalism

Grant in aidGrant in aid– Money and resources provided by the national Money and resources provided by the national

government to state and local projects and programsgovernment to state and local projects and programs Categorical grantsCategorical grants

– Grants that have specific purpose defined by lawGrants that have specific purpose defined by law Block grantsBlock grants

– General grants which can be used for a variety of General grants which can be used for a variety of purposespurposes

Unfunded mandatesUnfunded mandates– Requirements which are imposed by the national Requirements which are imposed by the national

government on the state and local governmentsgovernment on the state and local governments

Page 13: AP Government Review

AP Government ReviewAP Government ReviewUnit 2Unit 2

Political Beliefs and BehaviorsPolitical Beliefs and Behaviors

Page 14: AP Government Review

Political CulturePolitical Culture

A set of beliefs and basic values A set of beliefs and basic values shared by most citizens.shared by most citizens.– Majority ruleMajority rule– Free electionsFree elections– Equality in lawEquality in law– Private propertyPrivate property– Individual freedomsIndividual freedoms

Page 15: AP Government Review

Political SocializationPolitical Socialization

The process in which citizens acquire The process in which citizens acquire a sense of political identitya sense of political identity– Family and home lifeFamily and home life– EducationEducation– Group affiliations (interest groups, labor Group affiliations (interest groups, labor

unions)unions)– Demographic factors (age, sex, race, Demographic factors (age, sex, race,

religion)religion)– Mass mediaMass media– Historical events Historical events

Page 16: AP Government Review

Public OpinionPublic Opinion

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

Page 17: AP Government Review

Measuring Public OpinionMeasuring Public Opinion

1930’s George Gallup developed 1930’s George Gallup developed polling:polling:– SamplingSampling– Preparing valid questionsPreparing valid questions– Controlling how the poll is takenControlling how the poll is taken– Analyzing and reporting resultsAnalyzing and reporting results

Page 18: AP Government Review

Political IdeologyPolitical Ideology

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

Page 19: AP Government Review

Political SpectrumPolitical Spectrum

Radical: favor rapid, fundamental change in Radical: favor rapid, fundamental change in existing social, economic, political orderexisting social, economic, political order

Liberal: supports active government in Liberal: supports active government in promoting individual welfare and social promoting individual welfare and social rightsrights

Moderate: political ideology falls between Moderate: political ideology falls between liberal and conservativeliberal and conservative

Conservative: promotes a limited Conservative: promotes a limited government role in helping individuals, government role in helping individuals, supports traditional lifestylesupports traditional lifestyle

Reactionary: advocates a return to a Reactionary: advocates a return to a previous state of affairsprevious state of affairs

Page 20: AP Government Review

AP Government ReviewAP Government ReviewUnit 3Unit 3

Political PartiesPolitical Parties

Interest GroupsInterest Groups

Mass MediaMass Media

Page 21: AP Government Review

Political PartiesPolitical Parties

An association of people who seek to An association of people who seek to control the government through common control the government through common principle.principle.

Two Party System: There are several parties Two Party System: There are several parties but only two major parties compete and but only two major parties compete and dominate electionsdominate elections

Minor Parties: generally have little to no Minor Parties: generally have little to no impact on electionsimpact on elections

Page 22: AP Government Review

What do Parties do?What do Parties do?

Recruit candidatesRecruit candidates Nominate and support candidates for Nominate and support candidates for

officeoffice Educate the electorateEducate the electorate Organize the government (majority Organize the government (majority

vs. minority)vs. minority)

Page 23: AP Government Review

Party IdentificationParty Identification

IdeologyIdeology IncomeIncome RaceRace ReligionReligion Region of countryRegion of country

EducationEducation OccupationOccupation GenderGender Family traditionFamily tradition Marital statusMarital status

Page 24: AP Government Review

Why a Two Party SystemWhy a Two Party System

British heritageBritish heritage

Federalist/Anti-FederalistFederalist/Anti-Federalist

Electoral systemElectoral system

Election lawsElection laws

Page 25: AP Government Review

Electoral Dealignment and Electoral Dealignment and RealignmentRealignment

Dealignment: when significant Dealignment: when significant number of voters no longer support a number of voters no longer support a particular partyparticular party

Realignment: voting patterns shift Realignment: voting patterns shift and new coalitions form.and new coalitions form.– Republicans (1860)Republicans (1860)– Democrats (1932)Democrats (1932)

Page 26: AP Government Review

Voting and ElectionsVoting and Elections

Page 27: AP Government Review

Political ParticipationPolitical Participation

Voting in electionsVoting in elections Discussing politics and attending political Discussing politics and attending political

meetingsmeetings Forming interest groups and PACsForming interest groups and PACs Contacting public officialsContacting public officials Contributing money to a candidate or Contributing money to a candidate or

political partypolitical party Running for officeRunning for office Protesting government decisionsProtesting government decisions

Page 28: AP Government Review

Issue or Policy VotingIssue or Policy Voting

Direct PrimaryDirect Primary– Allows citizens to nominate candidatesAllows citizens to nominate candidates

RecallRecall– Is a special election initiated by petition to Is a special election initiated by petition to

allow citizens to remove an official from officeallow citizens to remove an official from office ReferendumReferendum

– Allows citizens to vote directly on issues called Allows citizens to vote directly on issues called propositionspropositions

InitiativeInitiative– Allows voters to petition to propose issues to Allows voters to petition to propose issues to

be decided by qualified votersbe decided by qualified voters

Page 29: AP Government Review

Low Voter TurnoutLow Voter Turnout

Voter turnout is higher for Voter turnout is higher for Presidential elections Presidential elections

Lower turnout for midterm electionsLower turnout for midterm elections

Lower when compared to other Lower when compared to other nationsnations

Page 30: AP Government Review

Low Voter TurnoutLow Voter Turnout

Expansion of the electorate (26Expansion of the electorate (26thth Amendment) Amendment) Failure of the political parties to mobilize Failure of the political parties to mobilize

votersvoters No perceived differences between candidate No perceived differences between candidate

or partyor party Mistrust of the governmentMistrust of the government ApathyApathy Satisfaction with the way things areSatisfaction with the way things are Lack of political efficacyLack of political efficacy Mobility of the electorate Mobility of the electorate Registration processRegistration process

Page 31: AP Government Review

Types of ElectionsTypes of Elections Primary Election: voters choose candidates Primary Election: voters choose candidates

from their partyfrom their party Closed primary: only voters who are Closed primary: only voters who are

registered in the party may vote to choose registered in the party may vote to choose the candidatethe candidate

Open primary: voters may vote to choose Open primary: voters may vote to choose the candidate of either party, whether they the candidate of either party, whether they belong to that party or notbelong to that party or not

Blanket primary: voters may vote for Blanket primary: voters may vote for candidates of either partycandidates of either party

Runoff primary: when no candidate from a Runoff primary: when no candidate from a party receives a majority of the votes, the party receives a majority of the votes, the top two candidates face each othertop two candidates face each other

Page 32: AP Government Review

Types of ElectionsTypes of Elections

General ElectionGeneral Election– Voters get to choose from among all the Voters get to choose from among all the

candidates nominates by political candidates nominates by political parties or running as independentsparties or running as independents

Page 33: AP Government Review

Electoral CollegeElectoral College

President and Vice-President are chosen President and Vice-President are chosen by the 538 electoral votesby the 538 electoral votes– 435 districts435 districts– 100 senators100 senators– 3 Washington DC3 Washington DC

States use a winner take all method of States use a winner take all method of assigning their electoral votes based on assigning their electoral votes based on popular votepopular vote

The candidate that receives a majority The candidate that receives a majority (270) is declared winner.(270) is declared winner.

If no winner is declared the House of If no winner is declared the House of Representatives chooses the President Representatives chooses the President and the Senate chooses the Vice-Presidentand the Senate chooses the Vice-President

Page 34: AP Government Review

Campaign FinanceCampaign Finance

Federal Election Campaign Act (1971)Federal Election Campaign Act (1971)– RestrictedRestricted

Amount spent on campaign advertisingAmount spent on campaign advertising Required disclosure of contributions and expendituresRequired disclosure of contributions and expenditures

Federal Election CommissionFederal Election Commission– Enforces the FECAEnforces the FECA– Created public financing for presidential Created public financing for presidential

candidatescandidates Buckley v. Valeo (Buckley v. Valeo (1976)1976)

– The Supreme Court ruled that spending limits The Supreme Court ruled that spending limits established by the FECA were unconstitutionalestablished by the FECA were unconstitutional

Page 35: AP Government Review

Interest Groups and the Interest Groups and the Mass MediaMass Media

Page 36: AP Government Review

Interest GroupsInterest Groups

Raise awareness and stimulate interest Raise awareness and stimulate interest in public affairs by educating their in public affairs by educating their members and the publicmembers and the public

Represent membership, serving as a link Represent membership, serving as a link between members and the governmentbetween members and the government

Provide information to the governmentProvide information to the government Provide channels for political Provide channels for political

participationparticipation

Page 37: AP Government Review

Types of Interest GroupsTypes of Interest Groups

Economic Interest GroupsEconomic Interest Groups– Labor Groups (AFL-CIO)Labor Groups (AFL-CIO)– Business Groups (Chamber of Business Groups (Chamber of

Commerce)Commerce)– Professional Groups (National Education Professional Groups (National Education

Association)Association)– Agricultural Groups (National Farmer’s Agricultural Groups (National Farmer’s

Union)Union)

Page 38: AP Government Review

AP Government ReviewAP Government ReviewUnit 4Unit 4

The Legislative, Executive, The Legislative, Executive, and Judicial Branchesand Judicial Branches

Page 39: AP Government Review

The Legislative BranchThe Legislative Branch

Page 40: AP Government Review

CongressCongress

Article I of the US Constitution creates Article I of the US Constitution creates a bicameral legislature consisting of a bicameral legislature consisting of the House of Representatives and the the House of Representatives and the SenateSenate

The current structure was a result of The current structure was a result of the Connecticut or Great Compromise the Connecticut or Great Compromise reached at the Constitutional reached at the Constitutional ConventionConvention

Page 41: AP Government Review

House of RepresentativesHouse of Representatives

MembershipMembership– 435 members apportioned by population435 members apportioned by population

Term of OfficeTerm of Office– 2 years; entire House elected every 2 years2 years; entire House elected every 2 years

QualificationsQualifications– At least 25 years oldAt least 25 years old– Citizen for 7 yearsCitizen for 7 years– Must live in state where district is locatedMust live in state where district is located

ConstituenciesConstituencies– smaller, by districtsmaller, by district

PrestigePrestige– Less prestigeLess prestige

Page 42: AP Government Review

House of RepresentativesHouse of RepresentativesGetting ElectedGetting Elected

Apportionment: distribution among the Apportionment: distribution among the states based on the population of each statestates based on the population of each state

Reapportionment: the redistribution of Reapportionment: the redistribution of Congressional seats after the census Congressional seats after the census determines changes in population determines changes in population distribution among the statesdistribution among the states

Congressional districting: the drawing by Congressional districting: the drawing by state legislatures of congressional districts state legislatures of congressional districts for those states with more than one for those states with more than one representativerepresentative

Gerrymandering: drawing congressional Gerrymandering: drawing congressional districts to favor one political party or group districts to favor one political party or group over anotherover another

Page 43: AP Government Review

House of RepresentativesHouse of Representatives

LeadershipLeadership– Speaker of the HouseSpeaker of the House

Presiding officer and most powerful memberPresiding officer and most powerful member Assigns bills to committeeAssigns bills to committee Controls floor debatesControls floor debates Appoints party members to committeesAppoints party members to committees

– Majority LeaderMajority Leader Assistant to the SpeakerAssistant to the Speaker Helps plan party’s legislative programHelps plan party’s legislative program Directs floor debatesDirects floor debates

– Minority LeaderMinority Leader Major spokesperson for the minority partyMajor spokesperson for the minority party Organizes opposition to the majority partyOrganizes opposition to the majority party

Page 44: AP Government Review

House of RepresentativesHouse of RepresentativesHow a Bill becomes a LawHow a Bill becomes a Law

A bill is introduced, numbered, and assigned to a A bill is introduced, numbered, and assigned to a committeecommittee

The bill may be assigned to a subcommittee for The bill may be assigned to a subcommittee for further studyfurther study

The bill is returned to committee where it is The bill is returned to committee where it is approved or rejectedapproved or rejected

The rules committee sets terms of debate for the The rules committee sets terms of debate for the billbill

The bill is debated by the HouseThe bill is debated by the House A vote is taken. Bills that pass go to the SenateA vote is taken. Bills that pass go to the Senate Conference committee resolves any differences Conference committee resolves any differences

between House and Senate Billbetween House and Senate Bill Resolved bill is voted on in the HouseResolved bill is voted on in the House If approved, sent to the PresidentIf approved, sent to the President

Page 45: AP Government Review

US SenateUS Senate

Membership: 100 members (2 from each Membership: 100 members (2 from each state)state)

Term of office: 6 years; staggered terms with Term of office: 6 years; staggered terms with one-third of the Senate elected every 2 yearsone-third of the Senate elected every 2 years

Qualifications: Qualifications: – At least 30 years of ageAt least 30 years of age– Citizen for 9 yearsCitizen for 9 years– Must live in stateMust live in state

Constituencies: Larger, entire stateConstituencies: Larger, entire state Prestige: More prestigePrestige: More prestige

Page 46: AP Government Review

US SenateUS Senate

Getting ElectedGetting Elected– Members were originally chosen by the Members were originally chosen by the

state legislatures in each statestate legislatures in each state

– Since 1913, the 17Since 1913, the 17thth Amendment allows Amendment allows the direct election of senators by the the direct election of senators by the people of the statepeople of the state

Page 47: AP Government Review

US SenateUS Senate

LeadershipLeadership– US Vice President US Vice President

Presiding officer of the Senate. Presiding officer of the Senate. Cannot debate and only votes to break a tieCannot debate and only votes to break a tie

– President pro temporePresident pro tempore Senior member of the majority partySenior member of the majority party A ceremonial positionA ceremonial position

– Majority leaderMajority leader The most influential member of the SenateThe most influential member of the Senate The majority party’s spokespersonThe majority party’s spokesperson

– Minority leaderMinority leader Performs the same role as the House minority Performs the same role as the House minority

leaderleader

Page 48: AP Government Review

US SenateUS SenateHow a Bill becomes a LawHow a Bill becomes a Law

A bill is introduced, numbered, and assigned to a A bill is introduced, numbered, and assigned to a committeecommittee

The bill may be assigned to a subcommittee for The bill may be assigned to a subcommittee for further studyfurther study

The bill is returned to committee where it is approved The bill is returned to committee where it is approved or rejectedor rejected

No rules committee!No rules committee! The bill is debated by the SenateThe bill is debated by the Senate A vote is taken, where the bill is passed or defeated. A vote is taken, where the bill is passed or defeated.

Bills that pass the Senate are sent to the HouseBills that pass the Senate are sent to the House Conference committee resolves any differences Conference committee resolves any differences

between House and Senate Billbetween House and Senate Bill Resolved bill is voted on in the SenateResolved bill is voted on in the Senate If approved, sent to the PresidentIf approved, sent to the President

Page 49: AP Government Review

Congressional OverrideCongressional Override

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

Page 50: AP Government Review

Types of CommitteesTypes of Committees

StandingStanding– A permanent committee that deals with specific A permanent committee that deals with specific

policy matters (agriculture, energy…)policy matters (agriculture, energy…) SelectSelect

– A temporary committee appointed for a specific A temporary committee appointed for a specific purpose (Senate Watergate Committee)purpose (Senate Watergate Committee)

JointJoint– Made up of members of both Houses (Joint Made up of members of both Houses (Joint

Committee on the Library of Congress)Committee on the Library of Congress) ConferenceConference

– A temporary committee of members from both A temporary committee of members from both Houses, created to resolve differences in the Houses, created to resolve differences in the House and Senate versions of the billHouse and Senate versions of the bill

Page 51: AP Government Review

CaucusesCaucuses

Informal groups formed by members Informal groups formed by members of Congress who share a common of Congress who share a common purpose of goalspurpose of goals– Congressional Black Caucus Congressional Black Caucus – Women’s CaucusWomen’s Caucus– Democratic or Republican CaucusDemocratic or Republican Caucus

Page 52: AP Government Review

Roles of Members of Roles of Members of CongressCongress

PolicymakerPolicymaker RepresentativeRepresentative Constituent servantConstituent servant Committee memberCommittee member Politician/Party memberPolitician/Party member

Page 53: AP Government Review

House of House of Representatives/SenateRepresentatives/Senate

Incumbency Effect: the tendency for office Incumbency Effect: the tendency for office holders to easily get reelectedholders to easily get reelected– Name recognitionName recognition– Credit claiming (bringing positive results to the Credit claiming (bringing positive results to the

district or state)district or state)– Casework for constituents (helped constituents solve Casework for constituents (helped constituents solve

problems)problems)– More visible to constituentsMore visible to constituents– Media exposureMedia exposure– Fundraising abilitiesFundraising abilities– Experience in campaigningExperience in campaigning– Voting recordVoting record

Page 54: AP Government Review

Powers of CongressPowers of Congress

Legislative PowersLegislative Powers– Expressed powers: Powers specifically Expressed powers: Powers specifically

granted to Congress, mostly found in Article granted to Congress, mostly found in Article I, Section 8 of the ConstitutionI, Section 8 of the Constitution

– Implied powers: powers which may be Implied powers: powers which may be reasonably suggested to carry out the reasonably suggested to carry out the expressed powers; found in Article I, Section expressed powers; found in Article I, Section 8, Clause 18, “necessary and proper”8, Clause 18, “necessary and proper”

– Limitations of powers: power denied Limitations of powers: power denied Congress in Article I, Section 9 and the 10Congress in Article I, Section 9 and the 10thth AmendmentAmendment

Page 55: AP Government Review

Powers of CongressPowers of Congress Non-Legislative PowersNon-Legislative Powers Electoral powers: selection of the President by the House Electoral powers: selection of the President by the House

and Vice-President by the Senate upon the failure of the and Vice-President by the Senate upon the failure of the electoral college to achieve a majority voteelectoral college to achieve a majority vote

Amendment powers: Congress may propose amendments Amendment powers: Congress may propose amendments by 2/3 votes of each houseby 2/3 votes of each house

Impeachment: Impeachment: – House may bring charges, or impeach, the President, Vie-President, House may bring charges, or impeach, the President, Vie-President,

or any civil officer by a simple majorityor any civil officer by a simple majority– Senate holds the trial and acts as a jury with a 2/3 vote needed to Senate holds the trial and acts as a jury with a 2/3 vote needed to

find guiltfind guilt Executive powers of the Senate: Executive powers of the Senate:

– Must approve appointees by the Executive Branch by a simple Must approve appointees by the Executive Branch by a simple majoritymajority

– Must approve treaties by a 2/3 voteMust approve treaties by a 2/3 vote Investigation/oversight powers: investigate matters falling Investigation/oversight powers: investigate matters falling

within the range of its legislative authoritywithin the range of its legislative authority

Page 56: AP Government Review

Legislative TacticsLegislative Tactics

Caucuses: may form voting blocsCaucuses: may form voting blocs Committee systemCommittee system Filibuster or Cloture: in the Senate only, Filibuster or Cloture: in the Senate only,

unlimited debate in an attempt to stall action unlimited debate in an attempt to stall action on a bill; cloture is the method by 60 votes to on a bill; cloture is the method by 60 votes to end a filibusterend a filibuster

Pork barrel legislation: an attempt to provide Pork barrel legislation: an attempt to provide funds and projects for a member’s home state funds and projects for a member’s home state or districtor district

Logrolling: an attempt by members to gain Logrolling: an attempt by members to gain support of other members in return for their support of other members in return for their support on the member’s legislationsupport on the member’s legislation

Page 57: AP Government Review

Legislative TacticsLegislative Tactics Riders: additions to legislation which generally Riders: additions to legislation which generally

have no connection to the legislation have no connection to the legislation Amendments: additions or changes to the Amendments: additions or changes to the

legislation which deal specifically with the legislation which deal specifically with the legislationlegislation

Lobbying: trying to influence members of Lobbying: trying to influence members of Congress to support or reject legislationCongress to support or reject legislation

Conference committee: may affect the wording Conference committee: may affect the wording and therefore intent of the legislationand therefore intent of the legislation

Legislative veto: the rejection of a presidential or Legislative veto: the rejection of a presidential or executive branch action by one or both houses of executive branch action by one or both houses of Congress, used mostly between 1932-1980.Congress, used mostly between 1932-1980.– Declared unconstitutional in the 1983 case, Declared unconstitutional in the 1983 case,

Immigration and Naturalization Service v. ChadaImmigration and Naturalization Service v. Chada

Page 58: AP Government Review

Influences on CongressInfluences on Congress

ConstituentsConstituents Other lawmakers and staffOther lawmakers and staff Party influencesParty influences PresidentPresident Lobbyists and interest groupsLobbyists and interest groups

Page 59: AP Government Review

Executive Branch and the Executive Branch and the BureaucracyBureaucracy

Page 60: AP Government Review

President of the United President of the United StatesStates

Article II of the Constitution Article II of the Constitution establishes the many responsibilities establishes the many responsibilities and functions of the Presidentand functions of the President

Term and TenureTerm and Tenure– 4 year term4 year term– 2 terms (10 year max) 222 terms (10 year max) 22ndnd Amendment Amendment

Page 61: AP Government Review

President of the United President of the United StatesStates

Formal QualificationsFormal Qualifications– Natural born citizenNatural born citizen– At least 35 years oldAt least 35 years old– Resident of the US 14 years prior to electionResident of the US 14 years prior to election

Informal, many presidential candidates share Informal, many presidential candidates share several characteristicsseveral characteristics– Political or military experiencePolitical or military experience– Political acceptabilityPolitical acceptability– MarriedMarried– White maleWhite male– ProtestantProtestant– Northern European ancestryNorthern European ancestry

Page 62: AP Government Review

Succession and DisabilitySuccession and Disability

The Constitution provides that if the The Constitution provides that if the President can no longer serve in office President can no longer serve in office the Vice-President will carry out the the Vice-President will carry out the powers and duties of the officepowers and duties of the office

2525thth Amendment Amendment– The Vice-President becomes President if The Vice-President becomes President if

the office of the president becomes the office of the president becomes vacantvacant

– The President will nominate a new Vice-The President will nominate a new Vice-President, with approval of a majority President, with approval of a majority from both houses of Congressfrom both houses of Congress

Page 63: AP Government Review

Impeachment and RemovalImpeachment and Removal

The Constitution gives the House of The Constitution gives the House of Representatives the authority to bring Representatives the authority to bring charges against the President or Vice-charges against the President or Vice-President for “Treason, Bribery, or other President for “Treason, Bribery, or other High Crimes and Misdemeanors.”High Crimes and Misdemeanors.”

Once charges are brought the Senate Once charges are brought the Senate holds the trial. The Chief Justice of the holds the trial. The Chief Justice of the Supreme Court presides over the trialSupreme Court presides over the trial

Conviction requires a 2/3 voteConviction requires a 2/3 vote

Page 64: AP Government Review

Electoral College SystemElectoral College System 1212thth Amendment Amendment

– An electoral college elects the President and Vice-An electoral college elects the President and Vice-PresidentPresident

– Each state chooses the number of electors equal to Each state chooses the number of electors equal to its number of members in the House of its number of members in the House of Representatives and Senate.Representatives and Senate.

– In December, after the general election, the electors In December, after the general election, the electors meet in their state capital to cast their ballots for meet in their state capital to cast their ballots for president and vice-president.president and vice-president.

– The electoral college then sends its ballots to the The electoral college then sends its ballots to the President of the US Senate where they are opened President of the US Senate where they are opened before a joint session of Congressbefore a joint session of Congress

– To win a candidate needs a majority (270)To win a candidate needs a majority (270)– If a majority is not reached the House votes on the If a majority is not reached the House votes on the

top 3 candidates for President and the Senate votes top 3 candidates for President and the Senate votes on the top 2 candidates for Vice-Presidenton the top 2 candidates for Vice-President

Page 65: AP Government Review

The Vice-PresidencyThe Vice-Presidency

Presides over the Senate, casting tie-Presides over the Senate, casting tie-breaking votesbreaking votes

Help determine presidential disability Help determine presidential disability under the 25under the 25thth Amendment and take Amendment and take over presidency if necessaryover presidency if necessary

Has the same formal qualifications as Has the same formal qualifications as the Presidentthe President

Page 66: AP Government Review

Presidential PowersPresidential Powers

Executive powersExecutive powers– Enforces laws, treaties, and court decisionsEnforces laws, treaties, and court decisions– Issues executive orders to carry out Issues executive orders to carry out

policiespolicies– Appoints officials, removes officialsAppoints officials, removes officials– Assumes emergency powersAssumes emergency powers– Presides over cabinet and executive branchPresides over cabinet and executive branch

Military powersMilitary powers– Serves as commander in chiefServes as commander in chief– Has final decision making authority in Has final decision making authority in

matters of national and domestic defensematters of national and domestic defense– Provides for domestic orderProvides for domestic order

Page 67: AP Government Review

Presidential PowersPresidential Powers

Legislative PowersLegislative Powers– Gives annual State of the Union messageGives annual State of the Union message– Issues annual budget and economic reportsIssues annual budget and economic reports– Signs or vetoes billsSigns or vetoes bills– Proposes and influences legislationProposes and influences legislation– Calls for special sessions of CongressCalls for special sessions of Congress

Diplomatic PowersDiplomatic Powers– Appoints ambassadors and other diplomatsAppoints ambassadors and other diplomats– Negotiates treaties and executive agreementsNegotiates treaties and executive agreements– Meets with foreign leadersMeets with foreign leaders– Accords diplomatic recognition to foreign Accords diplomatic recognition to foreign

governmentsgovernments– Receives foreign dignitariesReceives foreign dignitaries

Page 68: AP Government Review

Presidential PowersPresidential Powers

Judicial PowersJudicial Powers– Appoints members of the federal judiciaryAppoints members of the federal judiciary– Grants reprieves, pardons, and amnestyGrants reprieves, pardons, and amnesty

Party PowersParty Powers– Leader of the partyLeader of the party– Chooses vice presidential nomineeChooses vice presidential nominee– Strengthens the party by helping Strengthens the party by helping

members get elected (coattails)members get elected (coattails)– Appoints party members to government Appoints party members to government

positions (patronage)positions (patronage)– Influences policies and platform of partyInfluences policies and platform of party

Page 69: AP Government Review

Limitations on Presidential Limitations on Presidential PowersPowers

Congressional ChecksCongressional Checks– Override presidential vetoOverride presidential veto– Power of the pursePower of the purse– Power of impeachmentPower of impeachment– Approval powers over appointeesApproval powers over appointees– Legislation limiting the president’s power (War Legislation limiting the president’s power (War

Powers Act)Powers Act) Judicial ChecksJudicial Checks

– Judicial review of executive actionJudicial review of executive action Political checksPolitical checks

– Public opinionPublic opinion– Media attentionMedia attention– popularitypopularity

Page 70: AP Government Review

The BureaucracyThe Bureaucracy

Page 71: AP Government Review

The BureaucracyThe Bureaucracy

A systematic way of organizing a A systematic way of organizing a complex and large administrative complex and large administrative structure.structure.– Hierarchical authority: similar to a Hierarchical authority: similar to a

pyramid with the top having authority pyramid with the top having authority over those belowover those below

– Job specialization: each worker has Job specialization: each worker has defined duties and responsibilities, a defined duties and responsibilities, a division of labor among workersdivision of labor among workers

– Formal rules: established regulations and Formal rules: established regulations and procedures which must be followedprocedures which must be followed

Page 72: AP Government Review

History and GrowthHistory and Growth Beginnings: standards for office included Beginnings: standards for office included

qualifications and political acceptabilityqualifications and political acceptability Spoils system: practice of giving offices and Spoils system: practice of giving offices and

government favors to political supporters and government favors to political supporters and friendsfriends

Reform movement: competitive exams were tried Reform movement: competitive exams were tried and failed due to inadequate funding from Congressand failed due to inadequate funding from Congress

Pendleton Act: Civil Service Act of 1883, replaced Pendleton Act: Civil Service Act of 1883, replaced the spoils system with a merit systemthe spoils system with a merit system

Hatch Act of 1939: prohibits government Hatch Act of 1939: prohibits government employees from engaging in political activities employees from engaging in political activities while on dutywhile on duty

Civil Service Reform Act of 1978: created the office Civil Service Reform Act of 1978: created the office of Personnel Management to recruit, train, and of Personnel Management to recruit, train, and establish classifications and salaries for federal establish classifications and salaries for federal employed employed

Page 73: AP Government Review

OrganizationOrganization

The federal bureaucracy is divided The federal bureaucracy is divided into four basic typesinto four basic types– Cabinet departments (15 executive Cabinet departments (15 executive

departments)departments)– Independent executive departments Independent executive departments

(NASA, Small Business Administration)(NASA, Small Business Administration)– Independent regulatory agencies Independent regulatory agencies

(Securities and Exchange Commission, (Securities and Exchange Commission, Federal Reserve Board)Federal Reserve Board)

– Government corporations (Tennessee Government corporations (Tennessee Valley Authority, US Postal Service)Valley Authority, US Postal Service)

Page 74: AP Government Review

Influences on the Federal Influences on the Federal BureaucracyBureaucracy

Executive influences: appointing the right Executive influences: appointing the right people, issuing executive orders, affecting people, issuing executive orders, affecting the agency’s budgetthe agency’s budget

Congressional influences: influencing Congressional influences: influencing appointments, affecting the agency’s appointments, affecting the agency’s budget, holding hearings, rewriting budget, holding hearings, rewriting legislationlegislation

Iron triangles: alliances between Iron triangles: alliances between bureaucratic agencies, congressional bureaucratic agencies, congressional committees, and interest groupscommittees, and interest groups

Page 75: AP Government Review

Executive Office of the Executive Office of the PresidentPresident

White House OfficeWhite House Office National Security CouncilNational Security Council Office of Management and BudgetOffice of Management and Budget Office of Faith Based and Community Office of Faith Based and Community

InitiativesInitiatives Office of National Drug Control PolicyOffice of National Drug Control Policy Office of Policy DevelopmentOffice of Policy Development Council of economic AdvisorsCouncil of economic Advisors Office of US trade RepresentativeOffice of US trade Representative

Page 76: AP Government Review

Executive DepartmentsExecutive Departments

StateState TreasuryTreasury DefenseDefense InteriorInterior JusticeJustice AgricultureAgriculture CommerceCommerce LaborLabor

Health and Human Health and Human ServicesServices

Housing and Urban Housing and Urban DevelopmentDevelopment

TransportationTransportation EnergyEnergy EducationEducation Veterans affairsVeterans affairs Homeland SecurityHomeland Security

Page 77: AP Government Review

The Judicial BranchThe Judicial Branch

Page 78: AP Government Review

The Federal Court SystemThe Federal Court System

The US has a dual court system of The US has a dual court system of courts-a federal court system and courts-a federal court system and the court system of the 50 statesthe court system of the 50 states

Article III of the Constitution states Article III of the Constitution states that there shall be a Supreme Court that there shall be a Supreme Court and that Congress may establish a and that Congress may establish a system of inferior courtssystem of inferior courts

Page 79: AP Government Review

JurisdictionJurisdiction Original jurisdictionOriginal jurisdiction

– Lower courts have the authority to hear cases Lower courts have the authority to hear cases for the first time.for the first time. District Court conducts trials, evidence is District Court conducts trials, evidence is

presented, and juries determine the outcome of presented, and juries determine the outcome of the casethe case

Supreme Court has original jurisdiction in cases Supreme Court has original jurisdiction in cases involving representatives of a foreign government, involving representatives of a foreign government, and certain types of cases where a state is a partyand certain types of cases where a state is a party

Appellate jurisdictionAppellate jurisdiction– Courts that hear reviews or appeals of Courts that hear reviews or appeals of

decisions from the lower courtsdecisions from the lower courts Court of AppealsCourt of Appeals Supreme CourtSupreme Court

Page 80: AP Government Review

Structure of the Judicial Structure of the Judicial SystemSystem

District CourtsDistrict Courts– Created by the Congress in the Judiciary Act of 1789. Created by the Congress in the Judiciary Act of 1789. – There are 94 District Courts There are 94 District Courts – Decide civil and criminal casesDecide civil and criminal cases

Court of AppealsCourt of Appeals– Created by Congress in 1891Created by Congress in 1891– There are 13 US Court of AppealsThere are 13 US Court of Appeals– Decide appeals from the District CourtsDecide appeals from the District Courts

Supreme CourtSupreme Court– Created by Article III of the ConstitutionCreated by Article III of the Constitution– Most of its cases are appeals from the US Court of Most of its cases are appeals from the US Court of

Appeals and State Supreme CourtsAppeals and State Supreme Courts– Has original and appellate jurisdictionHas original and appellate jurisdiction

Page 81: AP Government Review

Judicial SelectionJudicial Selection

The President appoints all federal The President appoints all federal judges with confirmation from the US judges with confirmation from the US SenateSenate

There are no formal qualifications There are no formal qualifications Serve a life termServe a life term Federal judges may be removed Federal judges may be removed

through impeachmentthrough impeachment

Page 82: AP Government Review

Supreme Court SelectionSupreme Court Selection

Presidents only make appointments to Presidents only make appointments to the Supreme Court if a vacancy occurs the Supreme Court if a vacancy occurs during their term of officeduring their term of office

When making appointments, Presidents When making appointments, Presidents often consider:often consider:– Party affiliationParty affiliation– Judicial philosophyJudicial philosophy– Race, gender, religion, regionRace, gender, religion, region– Judicial experienceJudicial experience– Political ideologyPolitical ideology– AcceptabilityAcceptability

Page 83: AP Government Review

The Supreme Court at WorkThe Supreme Court at Work

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

Page 84: AP Government Review

Accepting CasesAccepting Cases

Cases that are accepted must pass the Cases that are accepted must pass the rule of fourrule of four: four of the nine justices : four of the nine justices must agree to hear the case.must agree to hear the case.– Writ of certiorari: an order by the court Writ of certiorari: an order by the court

directing the lower court to send up the directing the lower court to send up the records of a case for reviewrecords of a case for review

– Certificate: a lower court may ask the Certificate: a lower court may ask the Supreme Court about a rule of law or Supreme Court about a rule of law or procedures in specific casesprocedures in specific cases

Page 85: AP Government Review

Briefs and Oral ArgumentsBriefs and Oral Arguments

Once a case reaches the Supreme Court, Once a case reaches the Supreme Court, lawyers for each party to the case file a lawyers for each party to the case file a written briefwritten brief– Written briefs include: detailed statements of Written briefs include: detailed statements of

the facts of the case supported by relevant the facts of the case supported by relevant facts and citations from previous casesfacts and citations from previous cases

Interested parties may be invited to submit Interested parties may be invited to submit amicus briefs (friends of the court) amicus briefs (friends of the court) supporting or rejecting arguments of the supporting or rejecting arguments of the casecase

Oral arguments allow both sides 30 minutes Oral arguments allow both sides 30 minutes to present their positions to the justicesto present their positions to the justices

Page 86: AP Government Review

Writing OpinionsWriting Opinions

Once the Supreme Court has made a decision Once the Supreme Court has made a decision in a case, the decision is explained in a written in a case, the decision is explained in a written statementstatement– Majority opinion: a majority of the justices agree on Majority opinion: a majority of the justices agree on

the decision and its reasonsthe decision and its reasons– Concurring opinion: a justice who agrees with the Concurring opinion: a justice who agrees with the

majority opinion but not the reasoning behind the majority opinion but not the reasoning behind the decisiondecision

– Dissenting opinion: a justice or justices who disagree Dissenting opinion: a justice or justices who disagree with the majority opinionwith the majority opinion

Majority opinions become precedent in deciding Majority opinions become precedent in deciding future casesfuture cases

Page 87: AP Government Review

Judicial ActivismJudicial Activism

Holds that the court should play an Holds that the court should play an active role in determining national active role in determining national policiespolicies

The philosophy advocates applying The philosophy advocates applying the Constitution to social and the Constitution to social and political questionspolitical questions

Page 88: AP Government Review

Judicial RestraintJudicial Restraint

Holds that the court should avoid Holds that the court should avoid taking the initiative on social and taking the initiative on social and political questions.political questions.

Operating strictly within the limits of Operating strictly within the limits of the Constitutionthe Constitution

Page 89: AP Government Review

AP Government ReviewAP Government ReviewUnit 5Unit 5

Politics and Public Policymaking

Page 90: AP Government Review

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

Page 91: AP Government Review

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

Page 92: AP Government Review

Policy Evaluation

Analysis of policy and its impact upon the problem

Judging the effectiveness of policy

Page 93: AP Government Review

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.

Page 94: AP Government Review

Domestic Policy

Health Care: Medicare (elderly), Medicaid (poor),

CDC, VA, FDA

Social Welfare: Social Security, Housing Programs,unemployment benefits

Page 95: AP Government Review

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

Page 96: AP Government Review

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

Page 97: AP Government Review

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.

Page 98: AP Government Review

AP Government ReviewAP Government ReviewUnit 6Unit 6

Civil Liberties and Civil Rights

Page 99: AP Government Review

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

Page 100: AP Government Review

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

Page 101: AP Government Review

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 person’s rights over another person

Courts– Judicial review

Page 102: AP Government Review

Freedom of ReligionEstablishment Clause

Congress cannot: – Establish a national religion

(establishment clause)– Favor one religion over another– Tax citizens to support any one religion

Page 103: AP Government Review

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

Page 104: AP Government Review

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

Page 105: AP Government Review

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

Page 106: AP Government Review

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

Page 107: AP Government Review

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

Page 108: AP Government Review

Freedom of Assembly

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

Page 109: AP Government Review

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”

Page 110: AP Government Review

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

Page 111: AP Government Review

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

Page 112: AP Government Review

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

Page 113: AP Government Review

Fifth AmendmentSelf-Incrimination

Know this case– Miranda v. Arizona

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Sixth AmendmentRight to an Attorney

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

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Eighth AmendmentCruel and Unusual

Punishments Know these cases

– Furman v. Georgia– Gregg v. Georgia

Page 116: AP Government Review

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.

Page 117: AP Government Review

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

Page 118: AP Government Review

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

Page 119: AP Government Review

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

Page 120: AP Government Review

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

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The Women’s Movement

19th Amendment gave women the right to vote

Equal Pay Act of 1963: made it illegal to base a person’s pay on their gender, race, religion, or national origin

Equal Employment Opportunity Act of 1972 prohibited gender discrimination in hiring, firing, promotions, and pay

Page 122: AP Government Review

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

Page 123: AP Government Review

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