Basic Foldable Shapes The following figures illustrate the basic folds that are referred to throughout the following section of this book

Taco Fold Hamburger Fold

Burrito Fold Hot Dog Fold

Valley Fold

Shutter Fold

Mountain Fold

5

Two ... b Book 1. Take a/aIded book and cut up the valley of

the inside fold toward the mountain top. This fl'\ cut fonns two large tabs that can be used \.V front and back for writing and illustrations.

2. The book can be expanded by making several of these folds and gluing them side-by-side.

Use this book with data occurring in twos. For example, use it for comparing and contrasting, 0 determining cause and effect, finding similarities and differences, and more.

11

CHAPTER 3: CONSTITUTIONAL FOUNDATION OF THE FEDERAL GOVERNMENT

ARTICLES OF CONFEDERATION

WEAKNESSES CONSEQUENCES

No chief executive; the Congress No coordination of committees and no uniform domestic worked through committees or foreign policy

Required nine of thirteen states to Rarely delegates from all thirteen states in Congress at approve laws (each state had one vote) once; often voted as blocs of smaller states (5) versus

larger states (8)

Required all states to approve Never get agreement of all thirteen states, so Articles amendments never amended

No power to levy or collect taxes; No reason for states to agree to requests; Congress Congress could raise money only by always in need of money to fight the war borrowing or asking states for money

No power to regulate interstate Led to disputes between states and inability to regulate commerce trade with foreign nations to protect American business

No power to enforce treaties No power to force British to abide by the Peace/Treaty of Paris of 1783

No power to enforce its own laws Only advise and request states to abide by national laws

No national court system; state courts Difficult to get states to abide by state court decisions interpreted national laws

Drafting the Constitution

GI At the Annapolis Convention, which was called to discuss the economic problems facing the nation, such as a growing unfavor­able balance of trade, the delegates recommended a convention to amend the Articles. Meeting in Philadelphia in 1787, the new convention soon saw that a new document-a new government­was needed. Competing interests put forth different plans; the major areas of compromise appear on the next page.

• Other compromises included in the Constitution are (1) the Three-Fifths Compromise for counting slaves in determining taxes and representation for the House, (2) prohibition on importa­tion of slaves after 1808, (3) the right of Congress to regulate interstate commerce and foreign trade but not to levy export taxes, (4) a four-year term for the president, and (5) election of the president by an electoral college.

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Four-Door Book 1. Make a shutter fold using 11" X 17" or 12" X

18" paper.

2. Fold the shutter fold in half like a hamburgel: Crease well.

3. Open the project and cut along the two inside valley folds.

4. These cuts will form four doors on the inside of the project.

Use this fold for data occurring in fours. When folded in half like a hamburger, a finished four-door book can be glued inside a large (11" X 17") shutter fold as part of a larger project.

o

23

PART III: AP GOVERNMENT AND POLITICS REVIEW

.: .<

WORKING OUT COMPROMISES

':

FINAL U.S. VIRGINIA PLAN NEW JERSEY PIAN CONSnnmON

Representation Based on wealth or Equal representation for Senate: two population each state representatives per state

House: based on population

Executive National executive chosen Executive Committee President chosen by by Congress chosen by Congress electors, in turn elected

by the people

Judicial National judiciary chosen National judiciary Supreme Court by Congress appointed by Executive appointed by the

Committee president with Senate confirmation; lower courts established by Congress

Legislative Two houses: upper One house: appointed by Two houses: upper elected by the people state legislators chosen by state with lower elected by the legislatures (changed to upper house direct election by

Seventeenth Amendment); lower elected by the people

Ideological and Philosophical Background to the Constitution

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e In addition to the obvious experiences of the colonists that were woven into the provisions of the Constitution (such as the right not to house troops), the Framers were also aware of the writings of the Enlightenment. The work of men like John Locke influenced not only Thomas Jefferson, who drafted the Declaration, but also the men who were responsible for crafting the Constitution. The French philosophes-Jean-Jacques Rousseau, Montesquieu, Denis Diderot, and Voltaire-were also known to the educated residents of the former colonies.

8

Three- uarter ook 1. Take a two-tab book and raise the left-hand

tab.

2. Cut the tab off at the top fold line.

3. A larger book of information can be made by gluing several three-quarter books side-by­side.

Sketch or glue a graphic to the left, write one or more questions on the right, and record answers and information under the right tab.

- ------+-------~

CHAPTER 3: CONSTITUTIONAL FOUNDATION OF THE FEDERAL GOVERNMENT

e The Fourteenth Anlendment defined citizenship for the nation, and five of the amendments expanded the pool of eligible voters.

EXPANSION OF THE FRANCHISE

AMENDMENT EXPANSION

XV To all male citizens regardless of "race, color, or previous condition of servitude" over 21 years of age

XIX To all female citizens over 21 years of age

XXIII To citizens who reside in the District of Columbia

XXN To all citizens by abolishing the poll tax for federal elections

XXVI To all citizens over the age of 18

• Three amendments relate to the functioning of the electoral system. Passage and ratification of the Twelfth Anlendment were a direct result of the confusion in the electoral college in the election of 1800. The Seventeenth Anlendment replaced election of senators by state legislatures with direct election by the people. The original method reflected the unease of the Framers with direct representation and their concern about the possibility of "tyranny of the majority." The Twentieth Anlendment acknowl­edged the change in the nation's communications and transporta­tion systems since the eighteenth century.

• The Twenty-second and Twenty-f1fth Anlendments relate to the presidency. George Washington's two terms had established the precedent for presidential terms until Franklin Roosevelt's four terms. The Twenty-Second Amendment ensured that Washington's example would continue. The Twenty-Fifth Amendment governs filling the presidency should the president die or become disabled in office. Roosevelt's death and Dwight Eisenhower'S heart attacks made the need for an orderly succession apparent, especially with regard to filling the vice presidency.

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16

Three- b Book 1. Fold a sheet of paper like a hot dog.

2. With the paper horizontal, and the fold of the hot dog up, fold the right side toward the center, trying to cover one half of the paper.

NOTE: If you fold the right edge over first, the final graphic organizer vvill open and close like a book.

3. Fold the left side over the right side to make a book with three folds.

4. Open the folded book. Place your hands between the two thicknesses of paper and cut up the two valleys on one side only. This will form three tabs.

Use this book for data occUlTing in threes, and for two-part Venn diagrams.

PART III: AP GOVERNMENT AND POLITICS REVIEW

Review Strategy ForpUtposes of comparison, tables were used here. But cre­ating a Venn diagram when you study is another way to show overlapping powers.

.. By giving power to both the federal government and the states, the Framers established dual federalism. Certain powers were delegated to the national government, and certain powers were reserved to the states. Other powers were to be held concur­rently.

CONSTITUTIONAL DMSION OF POWER

Powers Delegated to the Concuttent Powers Reserved to the National Government Powers States

Based on Articles I, II, III, IV, Tenth Amendment Tenth Amendment and VI

Expressed Powers Powers neither delegated to Powers neither granted by the (enumerated powers) the national government Constitution to the states .. Alticle 1, Section 8 exclusively nor denied to the exclusively nor denied to them;

(27 powers) states the national government may

Implied Powers not exercise these powers

III Implied in Article I, Section 8, Clause 18, "necessary and proper clause"

Inherent Powers • Belong to the federal

government by virtue of its existence as the federal government

Examples: Examples: Examples: Coin money, regulate Tax; borrow money, establish Regulate commerce within the commerce with other nations state and local courts, charter state, conduct elections, ratify and among the states, declare banks amendments to the U.S. war, establish lower federal Constitution, establish school courts, establish post offices systems and local government

units

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CHAPTER 3: CONSTITUTIONAL FOUNDATION OF THE FEDERAL GOVERNMENT

III The Constitution also denies certain powers to both levels of government.

CONSTITUTIONAL DIVISION OF POWER

Powers Denied to Both the Powers Denied to the National Government National Government and the States Powers Denied to the States

Article I, Section 9 and the Combination of Article I, Sections Article I, Section 10 and the First through Eighth 9 and 10 and the Thirteenth, Thirteenth, Fourteenth, Amendments Fourteenth, Fifteenth, Nineteenth, Fifteenth, Nineteenth, Twenty-

Twenty-fourth, and Twenty-sixth fourth, and Twenty-sixth Amendments Amendments

Powers expressly denied to the Powers expressly denied to the national government by the states by the Constitution Constitution and those not expressed in the document as being within the provenance of the national government, such as establishing a national educational system

Examples: Tax articles in interstate commerce, violate the Bill of Rights

Examples: Grant titles of nobil- Examples: Coin money, enter ity; pass bills of attainder or ex into treaties with other nations, post facto laws; deny citizens infringe on the privileges of the right to vote on the basis of due process race, color, previous condition of servitude, or sex

III Article I, Section 4 and Article V set out the states' obligations to the national government. States must conduct federal elections, and the states are the designated unit that addresses the ratification of amendments to the U.S. Constitution.

III Article IV deals with relations among the states. It (1) sets out the "full faith and credit clause" (Section 1) that establishes reciprocity between the states for laws, records, and court deci­sions in civil proceedings; (2) requires states to provide the same immunity and privileges for citizens of other states as it affords its own citizens; and (3) requires that states extradite suspected criminals to the requesting states. The article also outlines the obligations of the national government to the states. These are (1) to guarantee a republican form of government to all the states, (2) to protect them against invasion and domestic violence, and (3) to admit new states.

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Trifold Book 1. Fold a sheet of paper (8 1/2" X 11 ") into

thirds.

2. Use this book as is, or cut into shapes. If the trifold is cut, leave plenty of fold on both sides of the designed shape, so the book will open and close in three sections.

Use this book to make charts with three columns or rows, large Venn diagrams, and reports on data occUlTing in threes.

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19

PART III: AP GOVERNMENT AND POLITICS REVIEW

COMPARISON OF THE BRANCHES OF FEDERAL GOVERMENT

SELECTION/ NUMBER ELECTION TERM OF OFFICE

LEGISLATIVE BRANCH

Member of House of 435 Direct popular vote 2 years Representatives

Member of Senate 100 Direct popular vote 6 years

EXECUTIVE BRANCH

PresidentNice 1 each Electoral College based 4 years President on popular vote

Secretaries of 14 Appointed by the "At the pleasure of the Departments/ president with the president" Attorney General consent of the Senate (Cabinet)

Top-level managers of Approximately 4,000 Appointed by the "At the pleasure of the Cabinet departments; president with the president" boards/heads of consent of the Senate commissions, corporations, and regulatory agencies

All other civilian Approximately 4.1 Civil service competi- Career employees employees of the million (excluding tive examinations federal government employees of the (including U.S. Postal legislative branch Service) [30,000] and the

judicial branch [30,000))

JUDICIAL BRANCH

Federal judiciary 9 Supreme Court Appointed by the For life; a few excep-Justices president with the tions appointed for

Approximately 880 consent of the Senate long terms (U.S. lower court judges Claims Court, Court

of Military Appeals, Tax Court, Territorial Courts)

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Layered-Look Book 1. Stack two sheets of paper (8 1/2" X 11 ") so

that the back sheet is one inch higher than the front sheet.

2. Bring the bottom of both sheets upward and align the edges so that all of the layers or tabs are the same distance apart.

3. When all tabs are an equal distance apart, fold the papers and crease well.

4. Open the papers and glue them together along the valley or inner center fold or, staple them along the mountain.

When Llsing more than two sheets of paper, make the tabs smaller than an inch.

Me+hods of

Geogra.phers

CHAPTER 7: CIVIL LIBERTIES AND CIVIL RIGHTS

Some Civil Rights Laws

lest-laking Strategy As you read the table, con­sider the public policy issues that each law addresses.

Twenty-sixth Amendment expanded it to eighteen-year-old citizens. (3) The Twenty-third Amendment entitles citizens of the District of Columbia to vote for electors to the electoral college and, therefore, for the president. (4) The Twenty-fourth Amend­ment prohibits the use of poll taxes or any tax in federal elections, which had been a tool for keeping African Americans from voting.

• The table below illustrates the range of rights and of laws to protect those rights that Congress passed and various presidents signed in the latter half of the twentieth century as more Americans demanded equal access and equal treatment under the law.

SOME IMPORTANT CIVIL RIGHTS LEGISLATION

Legislation Major Beneficiaries Major Provisions

Civil Rights Act of 1957 African Americans • Bans discrimination in voting in federal elections

Equal Pay Act of 1963 All employees (women) 41 Equal pay for male and female workers doing the same job

Civil Rights Act of 1964 African Americans, other GIl Prohibits discrimination in minorities, women public accommodations

(Title II) GIl Authorizes u.s. Attorney

General to intervene on behalf of victims of discrimination

GIl Forbids employers and unions to discriminate against minorities and women (Title VII)

• Enables the federal government to withhold funding from projects in which discrimination exists (Title VII)

• Forbids the use of different standards for whites and African Americans applying to register to vote

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PART III: AP GOVERNMENT AND POLITICS REVIEW

SOME IMPORTANT CIVIL RIGHTS LEGISLATION-continued

Legislation Major Beneficiaries Major Provisions

Voting Rights Act of 1965 Mrican Americans .. Allows the federal government to register voters in localities where literacy tests and similar restrictions were in effect as of November 1, 1964, and where less than half the eligible voters had been registered and voted in the 1964 federal election (most of the South)

Age Discrimination in Older Americans .. Prohibits job discrimination Employment Act of 1967, against workers 40 to 65 1978 .. Changed compulsory

retirement age to 70 (compulsory retirement age since eliminated)

Civil Rights Act of 1968 Mrican Americans, minorities, • Prohibits discrimination in the Title vm (Open Housing Act) women sale or rental of housing

Higher Education Act of Women III Prohibits discrimination on 1972, Title IX the basis of gender in any

educational program using federal funding

Education of All Children with physical and III Entitles all children, regardless Handicapped Children Act of mental disabilities of disability, to an education

1975 at public expense

Voting Rights Act of 1982 Minorities III Requires states to redistrict in such a way that majority-minority representation will be ensured (See Chapter 4 for court decisions dealing with racial gerrymandering.)

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CHAPTER 7: CIVIL LIBERTIES AND CIVIL RIGHTS

SOME IMPORTANT CIVIL RIGHTS LEGISLATION-continued

Legislation Major Beneficiaries Major Provisions

Civil Rights Act of 1988 Mrican Americans, Hispanics, .. Amended 1968 law against Asians, women discrimination in the sale or

rental of housing .. Removes from the victims the

responsibility for bringing charges against those who discriminated against minorities in renting or selling housing and placed it with the Justice Department

Americans with Disabilities People with disabilities • Prohibits discrimination in Act of 1990 employment because of a

disability • Requires businesses and

public agencies to make facilities accessible to those with disabilities

.. Requires employers to make reasonable accommodations to employees' and potential employees' disabilities

Civil Rights and Women's Women • Requires proof from Equity in Employment Act of employers that any 1991 differences in hiring and

promotion are because of the requirements of the job

Family and Medical Leave Act Families • Requires employers of 50 or of 1993 more workers to grant up to

twelve weeks of unpaid leave for the birth or adoption of a child or the illness of a close family member; a man or woman may request the leave

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CHAPTER 7: CIVIL LIBERTIES AND CIVIL RIGHTS

Miranda v. Arizona (1966)

Case: Ernesto Miranda was arrested on charges of kidnapping and rape and was identified by the victim. He was not informed of his right to have an attorney present during questioning. After 2 hours of interrogation, he confessed and voluntarily signed a confession, which was later used in court. Miranda was convicted and appealed. His lawyer argued that Miranda's right under the Fifth Amendment to avoid self-incrimination was violated when he was not informed of his right to have a lawyer present.

Decision: The Warren Court reversed the conviction. It ruled that a suspect must be "read his rights" (Miranda Rule): the right to remain silent, that anything a suspect says may be used against himlher in a court of law, the right to have a lawyer present during questioning, the right to have a court-appointed attorney if the person cannot afford one, and the right to end questioning at any time.

Significance: The Warren Court stated that the Court would not uphold any conviction on appeal if the accused had not been informed of his or her constitutional rights before questioning. A challenge to Miranda in the 1999-2000 term of the Court was defeated on the grounds of stare decisis (precedent).

KEY WORDS AND TERMS

Review Strategy

See if you can relate these terms and ideas to their correct context in the "Fast Facts" section.

III Barron v. Baltimore: 1833 case, Bill of Rights applied only to federal government

., Bills of attainder, ex post facto laws: forbidden by the Constitution

., Civil disobedience: unprotected

III Federal Communications Commission (FCC): regulation of the public airwaves; fairness doctrine for political candi­dates; refusal to renew licenses, fines

III Freedom of the press: issue of fair trial, public's right to know; shield laws, protection of sources

• Nearv. Minnesota: 1931, incorporation of freedom ofthe press into the Fourteenth Amendment; prohibited prior restraint

• Ninth Amendment: not all rights belonging to the people are stated in the Constitution; basis of right to privacy

III Plea bargain

• Right of eminent domain: right of state and federal govern­ment to take private property in return for compensation

CD Symbolic speech: burning the U.S. flag, First Amendment, would require a Constitutional amendment

CD Writ of habeas corpus: recently limited by Antiterrorism and Effective Death Penalty Act of 1996-curtails ability of death row inmates to appeal their convictions and sentences

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