CHAPTER 2: THE CONSTITUTION

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ONSTITUTION

OUTLINE AND _VOCABULARY

1. Fill in the following chapter outline by answering the questions for capital letters (A, B, C,...) and Arabic numbers (1, 2, 3...). The Roman numerals are simply section headings and do not need comment.

I)

Discuss the importance of the English philosophical heritage, the colonial experience, the Articles of Confederation, and the character of the founding fathers in shaping the agenda of the Constitution writers.

A) Make a list of the major grievances of the colonists under British rule.

B) What are the major components of John Locke's political philosophy and how did they influence Thomas Jefferson's writings?

C) Draw a diagram of the American government under the Articles of Confederation. D) Make a list of the reasons why the Articles of Confederation failed.

E) Briefly describe the general philosophical views of the founding fathers on the following issues:

1) Human Nature

2) Political Conflict

3) Objects of Government

4) Nature of Government

II)

Identify the important principles and issues debated at the Constitutional Convention and describe how they were resolved.

A) What were the three major equality issues at the Constitutional Convention and how were they resolved?

B) What were the major economic problems addressed at the Constitutional Convention and how were they resolved? C) Why did the founding fathers believe it was not necessary to address individual rights issues specifically in the

Constitution?

III)

Explain the Madisonian model of limiting majority control, separating powers, and creating checks and balances. A) Draw a diagram of the Madisonian model of government.

B) Define the term "constitutional republic."

IV)

Understand the conflict between the Federalists and Anti-Federalists over the ratification of the Constitution.

A) Complete the following table summarizing the major differences between the Federalists and the Anti-Federalists on the issues of civil liberties, power of the states, and the economy.

B) Why did the Anti-Federalists believe the new Constitution was a class-based document?

V)

Describe the formal and informal processes by which the Constitution is changed in response to new items on the policy agenda.

A) What is meant by the "unwritten constitution"?

B) Describe the different ways in which a formal constitutional amendment might be adopted.

C) The text examines four ways the Constitution changes informally. List these ways, define them, and give an example of each.

VI)

Evaluate the Constitution in terms of democracy and its impact on policymaking.

A) List and explain the five Constitutional amendments that expanded the right to vote. B) In what ways does the Constitution expand and diminish the scope of government?

VOCABULARY_{... Define/describe the following vocabulary words.} Anti-Federalists

Articles of Confederation Bill of Rights

checks and balances Connecticut Compromise consent of the governed

Constitution Declaration of Independence Factions Federalists Federalist Papers judicial review limited government natural rights New Jersey Plan republic

separation of powers Shays' Rebellion

U.S. Constitution Virginia Plan

writ of habeas corpus

Marbury v. Madison

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EDERALISM

I)

Define federalism and explain why it is important to American government and politics. A) Define the three ways of organizing a nation that were discussed in the text. B) In what ways does federalism decentralize politics and policies?

II)

Describe how the Constitution divides power between the national and state governments and understand why the supremacy of the national government is the central principle of American Federalism.

A) List the three items that are considered the supreme law of the land. B) What is the significance of the Tenth Amendment?

C) Explain the difference between enumerated powers and implied powers.

III)

Explain the nature of the states' obligations to each other.

A) Describe the three general obligations that each state has to every other state under the Constitution.

IV)

Explain how federalism in the United States has shifted from dual federalism to cooperative federalism.

A) How is dual federalism analogous to a layer cake and cooperative federalism analogous to a marble cake? B) Explain the three general standard operating procedures of cooperative federalism.

V)

Describe the nature of fiscal federalism and how states and cities compete for federal grants and aid. A) What is meant by "cross-over sanctions" and "cross-cutting requirements"?

1) Cross-over Sanctions:

2) Cross-cutting Sanctions:

B) Explain the two types of categorical grants.

C) What is the difference between block grants and revenue sharing? D) For what reasons might a state or locality not want to receive federal aid?

VI)

Explain the relationship between federalism and democracy, and how federalism contributes to and detracts from

democracy.

A) List four advantages of federalism for democracy. B) List four disadvantages of federalism for democracy.

VII)

Understand how federalism has contributed to the scope of the national government. A) How did industrialization increase the role of the national government?

B) Why don't the states handle more issues?

Vocabulary... Define/describe the following vocabulary words. block grants categorical grants cooperative federalism dual federalism elastic clause enumerated powers extradition Federalism fiscal federalism formula grants

full faith and credit implied powers

intergovernmental relations privileges and immunities project grants supremacy clause Tenth Amendment unitary governments Gibbons v. Ogden McCulloch v. Maryland

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OUTLINE AND VOCABULARY

I)

Describe how demographic factors shape who we are politically.

A) What were the THREE great waves of immigration to the United States? B) What is meant by the term "minority majority"?

C) What was the goal of the Simpson-Mazzoli Act?

D) How have the following demographic changes affected political changes?

1) Immigration

2) Regional Shifts

3) Aging Population

II)

Identify the processes through which people learn about politics.

A) Explain the significance of each of the following as sources for political learning:

1) Family

2) Mass media

3) Schools

B) Name TWO ways in which aging affects political behavior.

III)

Define public opinion, identify how it is measured, explain its role in shaping public policy, and discuss the nature of political information in America.

A) What is the key to the accuracy of opinion polls? B) Explain the technique of random digit dialing. C) List THREE criticisms of public opinion polling.

D) What is the "paradox of mass politics," according to Russell Neuman?

IV)

Understand the concept of political ideology in the context of American politics and government.

A) Fill in the following table concerning political ideology.

B) Fill in the following table on the classification of the ideological sophistication of American voters according to the study The American Voter.

C) How would you explain President Ronald Reagan's popularity?

V)

Explain the ways in which people participate in politics and in the policymaking process, and discuss the implications of unequal political participation.

A) List FIVE activities of conventional political participation, placing a star next to the most common activity. B) Define civil disobedience and give an example.

C) How does minority group status affect political participation?

VI)

Understand the relationship between the scope of government, democracy, public opinion, and political action.

A) What is the public's general attitude about the scope of government?

B) Comment on how Americans' lack of political knowledge and low participation rate affects democracy.

Vocabulary... Define/describe the following vocabulary words. census civil disobedience conservatism demography exit poll gender gap liberalism majority melting pot minority political culture political ideology political participation political socialization protest public opinion reapportionment sample sampling error random-digit dialing random sampling Ideology General Beliefs Typical Demographical Characteristics

Liberals Conservatives

Ideological Classification Definition Percent

COMPARE/CONTRAST THE FOLLOWING PAIRS OF WORDS OR PHRASES... DO NOT DEFINE THEM... YOU WILL DO THAT BELOW. TELL WHAT IS THE CONNECTION BETWEEN THE TWO_, OR WHAT IS THE DIFFERENCE BETWEEN THEM_... WHY WOULD THESE TWO WORDS BE LINKED TOGETHER_, OR NOT LINKED TOGETHER_.

demography and census liberalism and conservatism melting pot and minority majority protest and civil disobedience

sample, random sampling and sampling error public opinion and political ideology

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GENDA

I)

Describe the characteristics of the mass media today. A) Explain the purpose of a media event.

B) List the SEVEN principles of news management as practiced in the Reagan White House.

II)

Explain the difference between the print media and the broadcast media from a historical perspective. A) Explain TWO media techniques used most effectively by President Franklin Roosevelt.

B) What is meant by investigative journalism?

C) Explain the significance of the era of the "penny press," the era of "yellow journalism," and the era of "chains" as they relate to the print media.

D) Explain THREE_{ways in which television affected the political career of Richard Nixon.} E) What effect did television have on the war in Vietnam?

F) What impact has cable TV and the Internet had on news reporting?

III)

Understand how news is found and reported by the media.

A) Where does most news come from?

B) What is meant by a "sound bite" and what does it tell us about news coverage? C) Explain how the news media tend to be biased.

IV)

Describe how the news media affect public opinion.

A) In the experiments by Shanto Iyengar and Donald Kinder, what effect did manipulating TV stories have on viewers? B) According to a study by Page, Shapiro, and Dempsey, who has the strongest impact on public opinion changes?

V)

Discuss what is meant by the concepts of policy agenda and policy entrepreneur, and the media's importance to them.

A) Define the term "policy agenda."

B) List FIVE_{items in the policy entrepreneurs' "arsenal of weapons."}

VI)

Understand how the media affect the scope of government and the democratic process.

A) How does the media act as a "watchdog"?

B) What is the difference between the "information society" and the "informed society"?

Vocabulary... Define/describe the following vocabulary words. beats

broadcast media chains

high-tech politics

investigative journalism mass media print media media event narrowcasting policy agenda policy entrepreneurs press conferences sound bites talking head trial balloons

COMPARE/CONTRAST THE FOLLOWING PAIRS OF WORDS OR PHRASES... DO NOT DEFINE THEM... YOU WILL DO THAT BELOW. TELL WHAT IS THE CONNECTION BETWEEN THE TWO, OR WHAT IS THE DIFFERENCE BETWEEN THEM... WHY WOULD THESE TWO WORDS BE LINKED TOGETHER, OR NOT LINKED TOGETHER.

high-tech politics and mass media media event and press conferences policy agenda and policy entrepreneur

print media and broadcast media sound bites and talking head

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I)

Define interest groups and distinguish them from political parties. A) Provide a definition of the term "interest group."

B) Name TWO factors that distinguish interest groups from political parties.

II)

Compare and contrast the pluralist, elite, and hyperpluralist theories of interest groups. A) Complete the following table on the theories of interest group politics.

B) List FIVE essential arguments of the group theory of politics.

C) List FOUR major points made by the elitist view of the interest group system. D) List the THREE major points of the hyperpluralist position on group politics.

III)

Explain what makes a group successful and why small groups have an advantage over large groups. A) What is the difference between a potential group and an actual group?

B) What is Olson's law of large groups?

C) Define the term single-issue group and give an example.

IV)

Identify and describe the strategies that groups use to shape public policy.

A) List the FOUR general strategies used by interest groups to shape public policy. B) What are the TWO basic types of lobbyists?

C) List FOUR important ways lobbyists can help a member of Congress. D) Why does PAC money go so overwhelmingly to incumbents?

E) What is an amicus curiae brief?

V)

Describe some of the many types of groups in the American political system. A) What was the main purpose of the Taft-Hartley Act?

B) What are the TWO main organizations that speak for corporations and business? C) What is meant by a public interest lobby?

D) List THREE items environmental groups have promoted and THREE items they have opposed

1) Promoted:

2) Opposed:

E) Name TWO important organizations involved in promoting equality and summarize their major goals.

VI)

Evaluate interest groups in terms of their influence on democracy and the scope of government.

A) Summarize the pluralist, elitist, and hyperpluralist perspectives on interest groups and democracy. B) How do interest groups affect the scope of government?

Vocabulary... Define/describe the following vocabulary words. actual group

class action lawsuits collective good Electioneering

free-rider problem iron triangles lobbying

Olson's law of large groups

Political Action Committees (PACs) potential group

public interest lobbies right-to-work laws

selective benefits Subgovernments union shop

Theory Definition Role of Groups Who Holds Power Group Impact on Public Policy Pluralist Theory

Elite Theory

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ARTIES

I)

Discuss the meaning and functions of a political party. A) Define the term "political party."

B) Explain the THREE heads of the political party as a "three-headed political giant."

C) What are the FIVE_{tasks political parties should perform if they are to serve as effective linkage institutions?} D) Draw a graph or diagram depicting Anthony Downs' rational-choice model of political parties.

II)

Discuss the nature of the party-in-the-electorate, party organizations, and the party-in-government. A) What has been the most prominent trend in party identification in recent years?

B) What is meant by "ticket-splitting"?

C) Draw an organizational chart of an American political party and then mark where most of the power actually exists. D) What is meant by a "party machine"?

E) What is the difference between the following types of party primaries?

1) closed primaries

2) open primaries

3) blanket primaries

F) What is the function of each of the following national party organizations?

1) National Convention

2) National Committee

3) National Chairperson

G) What is the relationship between party promises and party performance?

III)

Describe how parties realign and dealign.

A) List the SIX_{presidents since 1968 and complete the following table on divided government.}

B) What is meant by "party neutrality"?

IV)

Evaluate the two-party system, its consequences, and the place of third parties in the system.

A) What are the THREE_{basic varieties of third parties?}

B) What are TWO ways in which third parties can have an impact on American politics? C) What is the most important consequence of two-party governance in the United States?

V)

Identify the challenges facing the American political parties, and explain their relationship to American democracy, individualism, and the scope of government.

A) List the FOUR_{conditions that advocates of the responsible party model believe the parties should meet.} B) What is the major consequence of the prominence of individualism within American political parties? C) How does the American party system affect the scope of government?

D) What is the key problem of the American political parties today?

Vocabulary... Define/describe the following vocabulary words. coalition

coalition government critical election linkage institutions New Deal Coalition party competition party dealignment party eras party identification party image party machines party neutrality party realignment patronage political party proportional rational-choice theory representation

responsible party model third parties

ticket-splitting winner-take-all system

Colorado Republican Campaign Commission v. FEC (1996) p.244

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AMPAIGNS

I)

Explain the nomination process and the role of the national party conventions. A) List the THREE_{elements needed for success in the nomination game.}

B) Draw a diagram depicting the pyramid structure of the typical state party caucus. C) What reforms did the McGovern-Fraser Commission bring to the Democratic Party? D) List FIVE_{criticisms of the primary and caucus system.}

E) What are the primary functions of the national party conventions?

II)

Discuss the role of campaign organizations and the importance of the media in campaigns. A) What are the TWO_{factors that determine media coverage of a campaign?}

B) Using a rating system of strong, medium, and weak, rate campaign advertisement and campaign news coverage in terms of their attention to candidate image, issues, and the campaign itself.

C) List NINE_{things candidates must do to effectively organize their campaigns.}

III)

Understand the role of money in campaigns, campaign finance reform, and the impact of political action committees. A) What were the FIVE main features of the Federal Election Campaign Act of 1974?

B) Present an argument that political action committees are essential to a successful campaign.

IV)

Explain the impact of campaigns on the voters.

A) What are the THREE effects campaigns can have on voters?

B) What THREE_{factors tend to weaken campaigns' impacts on voters?}

V)

Understand how campaigns affect democracy, public policy, and the scope of government. A) What is meant by the "permanent campaign"?

B) How might campaigns affect the scope of government?

Vocabulary... Define/describe the following vocabulary words. campaign strategy

caucus direct mail

Federal Election Campaign Act

Federal Election Commission(FEC) frontloading

McGovern-Fraser Commission national party convention

Nomination party platform

Political Action Committees(PACs) presidential primaries

selective perception soft money

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OTING

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EHAVIOR

I)

Explain the functions and unique features of American elections.

A) List the THREE_{kinds of elections found in the United States and their purpose.} B) What is the difference between an initiative petition and a referendum?

II)

Describe how American elections have evolved using the presidential elections of 1800, 1896 and 2000. A) Complete the following table on the elections of 1800, 1896 and 2000.

B) Briefly summarize the positions of the three candidates in the 1996 presidential election concerning economic policy

1) Al Gore:

2) George W. Bush:

3) Ralph Nader:

III)

Discuss the factors that affect a citizen's choice of whether to vote. A) List THREE major reasons why people might vote.

B) What is the major provision of the 1993 Motor Voter Act?

C) List and explain SEVEN demographic factors that are related to voter turnout.

IV)

Explain how Americans vote and what factors influence how they vote.

A) What is meant by the "mandate theory of elections"?

B) How has the influence of party identification on voting changed since the 1950s? C) What are the THREE most important dimensions of candidate image?

D) What are the THREE_{conditions necessary for true policy voting to take place?}

V)

Explain how the Electoral College works and what biases it can introduce.

A) Briefly explain how the Electoral College works.

B) What are the TWO_{reasons why the Electoral College is important to presidential elections?}

VI)

Understand how elections affect democracy, public policy, and the scope of government.

A) What are the TWO_{tasks that elections accomplish, according to democratic theory?}

B) According to the text, what is the clearest way in which elections broadly affect public policy? C) What does retrospective voting mean?

Vocabulary... Define/describe the following vocabulary words. civic duty

electoral college initiative petition

Legitimacy

Mandate Theory of Elections Motor Voter Act

policy voting political efficacy referendum retrospective voting suffrage voter registration

Year Candidates and Party Winner Major Issues Campaign Styles Significance of Election 1800

1896 2000

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RESIDENCY

I)

Describe the American presidents--who they are, how they got there, and what they do. A) What are the TWO_{contradictory expectations that Americans have about the presidency?}

B) Make a list of to whom you believe are the TEN "best" presidents in history and briefly explain why. C) Outline the procedure for removing a president from office.

II)

List the constitutional powers of the president and explain how these powers have expanded.

A) Look at Table 13.3 on page 401 and choose one constitutional power of the president from each of the FOUR categories that you believe is the most important.

B) Describe TWO_{ways in which the power of the president has expanded from its constitutional base.}

III)

Explain how the office of the presidency is organized to make policy.

A) What is the cabinet and what does it do?

B) List and explain the function of the THREE_{major policymaking bodies of the Executive Office.}

C) What is the difference between a hierarchical organization and a wheel-and-spokes system of White House management?

D) Make a list of four First Ladies and how they have influenced the presidency.

IV)

Discuss the relationship between the president and Congress and the ways in which the president is able to lead Congress.

A) What is the difference between a veto, a pocket veto and a line-item veto? B) Explain what is meant by the term "presidential coattails."

C) What are the TWO_{indicators of public support for the president?} D) What is meant by the president's "honeymoon" period?

V)

Explain the role of the president in developing national security policy. A) What is an executive agreement and how does it differ from a treaty? B) What are the main provisions of the War Powers Resolution?

C) Why is the president more equipped to handle a crisis than Congress? D) What are the "two presidencies"?

VI)

Discuss the importance of public opinion to the president and his or her ability to obtain the support of the public.

A) What is the difference between the president as head of state and head of government?

B) Rank the past TEN_{presidents in terms of their ability to garner public support.}

VII)

Examine the relationship between the president and the media.

A) What is the role of the president's press secretary?

B) In what way(s) are the press biased in their coverage of the president?

VIII)

Understand the place of the presidency in American democracy and the effect the presidency has had on the scope of government.

A) In what way(s) is the institution of the presidency undemocratic?

B) How does the presidency increase and decrease the scope of government?

Vocabulary... Define/describe the following vocabulary words. 22nd Amendment

25th Amendment Cabinet

Council of Economic Advisors (CEA) crisis

impeachment legislative veto

National Security Council (NSC) Office of Management & Budget (OMB) pocket veto

presidential coattails Veto

War Powers Resolution Watergate

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OUTLINE AND VOCABULARY

I)

Describe the bureaucrats... who they are, how they got there, and what they do. A) List four prevalent myths about bureaucracy.

B) What is the difference between patronage and the merit principle? C) What is the purpose of the Hatch Act?

D) What are some of the common characteristics of plum book appointees?

II)

Discuss how the federal bureaucracy is organized.

A) What are the four basic types of agencies in the federal executive branch?

B) Explain the relationship between interest groups and independent regulatory agencies.

C) In what two ways are government corporations like private corporations and different from other parts of the government?

D) What are the three biggest independent executive agencies?

III)

Explain how bureaucracies function as implementers of public policy.

A) What are the three minimum elements of implementation? B) List six reasons why policy implementation might fail.

C) What are three advantages of using standard operating procedures? D) What is meant by administrative discretion?

IV)

Explain how bureaucracies function as regulators.

A) What was the significance of Munn v. Illinois (1877)? B) List three elements common to all regulation.

C) What is the difference between command-and-control policy and incentive system? D) List three criticisms of regulation.

V)

Evaluate the problem of controlling bureaucracies in a democratic government and how bureaucracies affect the scope of government.

A) List four methods in which the president can control the bureaucracy. B) List four methods in which Congress can control the bureaucracy. C) Explain the difference between an iron triangle and an issue network. D) What effect does bureaucracy have on the scope of government?

Vocabulary... Define/describe the following vocabulary words. administrative discretion

Bureaucracy civil service deregulation executive orders

governmental corporations (give an example) Hatch Act

incentive system

independent executive agencies (give an example) independent regulatory agency (give an example)

iron triangles merit principle

Office of Personnel Management (OPM) Patronage

Pendleton Civil Service Act policy implementation regulation

Senior Executive Service standard operating procedures street-level bureaucrats

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ONGRESS

I)

Describe the characteristics of our senators and representatives, and the nature of their jobs. A) List SEVEN_{perks members of Congress receive.}

B) Describe a "typical" member of Congress in terms of the following categories. C) What is the difference between descriptive and substantive representation?

II)

Explain what factors have the greatest influence in congressional elections.

A) List and explain FOUR_{advantages incumbents have over their opponents in congressional elections.} B) What is the difference between casework and pork barrel

C) List and explain THREE_{ways that an incumbent might be defeated.} D) What are the main criticisms of political action committees? E) List THREE_{criticisms of term limitations.}

III)

Explain the structure of power and leadership in the US Congress, and the role of committees. A) What are the main functions of the House Rules Committee?

B) List FOUR formal powers of the Speaker of the House. C) List the FOUR_{types of congressional committees.} D) What is meant by legislative oversight?

E) How does seniority system work?

F) What is the difference between the personal staff and the committee staff? G) List THREE congressional staff agencies.

IV)

Identify what members of Congress do and discuss the congressional process and the many influences on legislative

decision-making.

A) Draw a diagram of how a bill becomes a law.

B) List the TEN_{times a president must usually win in order to hope for final passage of his or her proposed legislation.} C) What is the difference between trustees, instructed delegates, and politicos?

D) List THREE ways Congress can frustrate the activities of lobbyists.

V)

Evaluate Congress in terms of American democracy, congressional reforms, and the scope of government. A) What were the main reforms passed by the Republicans when they took control of the House in 1995? B) How does the organization of Congress contribute to the expanding scope of government?

Vocabulary... Define/describe the following vocabulary words. bicameral legislature bill casework caucus committee chairs conference committees filibuster

House Rules Committee incumbents joint committees legislative oversight Logrolling majority leader minority leader reciprocity select committees seniority system Speaker of the House standing committees whips

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UDGET

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OLITICS OF

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AXING AND

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PENDING

I)

Describe the major sources of federal revenues. A) List FOUR_{sources of federal revenues.}

B) How does the federal government borrow money? C) List TWO_{criticisms of a balanced budget amendment.}

II)

Understand the nature of the tax system in America.

A) Define tax expenditures and give three examples.

B) What were the three major reforms of the Tax Reform Act of 1986?

III)

Explain the nature of federal expenditures and why so much of the budget is uncontrollable. A) Name the two conditions associated with government growth in America.

B) What is meant by the phrase "military industrial complex"? C) Explain how Social Security is a kind of intergenerational contract. D) List FOUR_{features of incremental budgeting.}

E) Explain how entitlements are "uncontrollable expenditures."

IV)

Discuss how the budgetary process works, who is involved, and the politics of budgetary reform.

A) Beginning with the LARGEST_{category, rank order the revenues and expenditures of the federal budget.}

B) List the TEN main actors in the budgetary process.

C) Explain the THREE_{main provisions of the Congressional Budget and Impoundment Control Act of 1974.} D) What is meant by a budget resolution?

E) Explain the TWO_{ways in which laws are changed to meet the budget resolution} F) What was the Gramm-Rudman-Hollings Act and why did it fail?

V)

Understand how budgeting affects democracy and the scope of government in America.

A) List THREE possible explanations as to why democracies have seen a substantial growth in government in the 20th Century.

B) How could the budgetary process limit government?

COMPARE_/CONTRAST THE FOLLOWING PAIRS OF WORDS OR PHRASES_... DO NOT DEFINE THEM_... YOU WILL DO THAT BELOW_. _TELL WHAT IS THE CONNECTION BETWEEN THE TWO_, OR WHAT IS THE DIFFERENCE BETWEEN THEM_... WHY WOULD THESE TWO WORDS BE LINKED TOGETHER_, OR NOT LINKED TOGETHER_.

budget and deficit

Social Security Act and Medicare expenditures and revenues

uncontrollable expenditures and entitlements

income tax and 16th Amendment

House Ways & Means Committee and Senate Finance Committee income tax and expenditures

reconciliation and authorization bill

Revenues Expenditures 1. 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6.

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OURTS

I)

Understand the nature of the judicial system.

A) Explain the difference between criminal law and civil law.

B) List THREE regular participants in the judicial system other than judges. C) What is meant by "justiciable disputes"?

II)

Explain how courts in the US are organized and the nature of their jurisdiction. A) What are the differences between constitutional courts and legislative courts? B) Complete the following table on the structure of the federal judicial system.

C) What is the role of an US attorney?

III)

Describe the role of judges in the judicial process, including their backgrounds and how they were selected. A) Explain the practice of "senatorial courtesy."

B) Name THREE conditions in which nominations to the Supreme Court are more likely to run into trouble. C) Present a demographic profile of the "typical" federal judge.

D) List SIX criteria that have been important in choosing Supreme Court justices over the years.

IV)

Discuss Supreme Court policymaking and judicial implementation.

A) What are the FOUR_{key functions of the solicitor general?} B) What are the functions of amicus curiae briefs?

C) What is the difference between a majority opinion, a dissenting opinion, and a concurring opinion? D) What is the difference between stare decisis and precedent?

E) List and explain the three elements of judicial implementation according to Charles Johnson and Bradley Canon.

V)

Explain the role of the courts in shaping the policy agenda in America.

A) Explain the principle of judicial review.

B) Complete the following table on public policy and the Supreme Court.

VI)

Evaluate how the courts operate in a democratic system and how their activities affect the scope of government.

A) In what ways might it be said that courts are not a very democratic institution? B) Explain the difference between judicial activism and judicial restraint.

C) Define the terms "political question" and "statutory construction" as they apply to the Supreme Court and give an example of each.

Vocabulary... Define/describe the following vocabulary words. appellate jurisdiction

class action suits courts of appeal district courts judicial activism judicial implementation judicial restraint judicial review justiciable disputes opinion original intent original jurisdiction Precedent senatorial courtesy solicitor general standing to sue stare decisis Supreme Court Marbury v. Madison United States v. Nixon

Court Number of Courts Number of Judges Jurisdiction Policy Implications

Court Basic Ideology Judicial Restraint or Judicial Activism Key Cases Warren Court

Burger Court Rehnquist Court

Term Definition Example

Political Question Statutory Construction

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I)

Understand the constitutional basis of civil liberties and the Supreme Court's role in defining them. A) Define the term "civil liberties."

B) What was the most important difference between the Supreme Court's decision in Barron v. Baltimore and Gitlow v. New York?

C) Explain the importance of the 14th Amendment. D) What is the incorporation doctrine?

II)

Discuss the religious liberties guaranteed in the First Amendment.

A) List FOUR Supreme Court cases concerning the establishment clause and comment on their significance.

B) Compare and contrast the Supreme Court case of Employment Division v. Smith (1990) with the Religious Freedom Restoration Act of 1993.

III)

Explain the nature of and the issues involving freedom of expression in America. A) Define the term "prior restraint."

B) List and explain the significance of FOUR Supreme Court cases concerning free speech and public order. C) What is a shield law?

D) How did the Supreme Court define obscenity in the case of Miller v. California?

E) How are the standards for winning libel lawsuits different for public figures and private individuals? F) Define the term "symbolic speech."

G) Who regulates commercial speech?

H) What is the function of the Federal Communications Commission (FCC)? I) Explain the TWO facets of the freedom of assembly

IV)

Identify the rights of individuals accused of crimes.

A) Draw a diagram of the criminal justice system as a series of funnels.

B) How are the following terms interrelated: probable cause, unreasonable searches and seizures, search warrant, and exclusionary rule?

C) What are the THREE guidelines for police questioning of suspects as set forth in Miranda v. Arizona (1966)? D) What is the significance of the Supreme Court case of Gideon v. Wainwright (1963)?

E) What are the pros and cons of plea bargaining?

F) List and explain the importance of THREE Supreme Court cases concerning the death penalty.

V)

Evaluate and discuss the issue of the right to privacy.

A) List and explain the importance of FOUR Supreme Court cases concerning abortion. B) What is the significance of the "Baby Doe" cases?

VI)

Understand the impact of civil liberties on democracy and the scope of government.

A) In your opinion, are the rights guaranteed in the 4th, 5th, 6th, 7th, and 8th Amendments more beneficial to criminals or society at large? Explain why.

B) In what ways do civil liberties limit the scope of government and in what ways to they expand the scope of government?

Vocabulary... Define/describe the following vocabulary words. Bill of Rights civil liberties commercial speech Eighth Amendment establishment clause exclusionary rule Fifth Amendment First Amendment Fourteenth Amendment free exercise clause

incorporation doctrine Libel plea bargaining prior restraint probable cause Sixth Amendment symbolic speech Engel v. Vitale (1962) Gideon v. Wainright (1963) Gitlow v. New York (1925) Lemon v. Kurtzman (1971) Mapp v. Ohio (1961)

Miller v. California (1973) Miranda v. Arizona (1966) Near v. Minnesota (1931)

New York Times v. Sullivan (1964) Roe v. Wade (1973)

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I)

Understand the historical and constitutional basis of the struggle for equal rights. A) What are the THREE_{key types of inequality in America?}

B) Explain the TWO major conceptions of equality

C) What is the only mention of the idea of equality in the Constitution?

D) What is the difference between a "reasonable" and an "arbitrary" classification?

II)

Discuss the struggle for equality for African Americans in terms of three historical eras, the Constitution and public policy. A) Complete the following table listing the three eras of the struggle for African American equality, the major policy

focus during each era, major court cases and their importance in each era, and any acts of Congress or constitutional amendments passed during each era.

B) Compare and contrast the significance of the Supreme Court cases of Dred Scott v. Sandford (1857), Plessy v. Ferguson (1896), and Brown v. Board of Education (1954).

C) What is the difference between de jure segregation and de facto segregation? D) List the SIX_{major provisions of the Civil Rights Act of 1964.}

E) List and explain FOUR ways in which the southern states denied African Americans the right to vote. F) What was the impact of the Voting Rights Act of 1965?

III)

Explain how women have gained civil rights and what equality issues remain important for women today. A) Explain the policy of "protectionism."

B) What was the Equal Rights Amendment?

C) List and explain the significance of FOUR_{Supreme Court cases dealing with sex-based discrimination.} D) How has Congress attempted to end sex discrimination in the area of employment?

E) What is meant by "comparable worth"?

F) In what TWO_{ways are women legally treated differently in the military?} G) How has the Supreme Court dealt with the issue of sexual harassment?

IV)

Describe the new groups in the civil rights movement.

A) In what ways are the elderly and the young discriminated against in American society?

B) What are the main provisions of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990? C) Why might gays and lesbians face the toughest battle for equality?

V)

Explain the controversy over the issue of affirmative action. A) Define the term "affirmative action."

B) List FOUR_{cases in which the Supreme Court seems to support affirmative action and}FOUR_{cases in which it seems to} oppose affirmative action.

VI)

Understand the impact of civil rights on democracy and the scope of government.

A) How does equality threaten liberty?

B) How do civil rights laws increase the scope and power of government?

Vocabulary... Define/describe the following vocabulary words. 13th Amendment 14th Amendment 15th Amendment 19th Amendment 24th Amendment affirmative action civil rights

Civil Rights Act of 1964

comparable worth

equal protection of the laws Equal Rights Amendment poll taxes

Suffrage

Voting Rights Act of 1965 white primary

Americans with Disabilities Act of 1990 Adarand Constructors v. Pena (1995) Craig v. Boren (1976)

Korematsu v. US (1944) Reed v. Reed (1971)