Day 35 - Activism and Restraint
"Don't judge judges, unless you know the law and understand why they make the decisions that they do" - Antonin Scalia

Learning Targets:  Students will be able to....

• Explain the principle of judicial review and how it checks the power of other institutions and state governments.
• Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
• Explain how other branches in the government can limit the Supreme Court’s power. 

Opener:  

Should the Supreme Court be able to determine their own schedule?  What is a writ of certiorari?  

Activity #1:  Supreme Court Document/Data Analysis

USE TIP-C to analyze the following charts/graphs

Activity #2:   N-50 - Judicial Activism

LD - The practice of the Supreme Court and other federal judges seeking certain types of cases in order to (re)interpret the texts of the Constitution and the laws in a way that serves the judges' own visions regarding the needs of contemporary society.  This is the opposite of "Judicial Restraint", where judges hear cases and issues judgements only within the intentions and limitations of the US Constitution.

SD- 

Examples - Roe v. Wade, Brown v. Board of Education

Non-Examples - Gibbons v. Ogden, Plessy v. Ferguson

Related Terms - Judicial Review, Checks and Balances, Limited Government

Activity #3:  Watch, Listen, Learn....

Close:  Post your 2 questions here:

https://docs.google.com/spreadsheets/d/15z33ZzvDy0cDCaCKkYCjXQcYksSVHeARHTGETG1itN8/edit?usp=sharing

MAKE SURE YOU SELECT THE APPROPRIATE TAB AT THE BOTTOM FOR YOUR QUESTIONS!

Day 35 - AP Exam Prep 

Opener:  Be Ready, Be Confident, Be Specific!

This is the last posting prior to the AP US Government and Politics Exam.  There are no assignments except to prepare for the exam this Monday @ 3:00 pm.

I realize that for many of you this may trigger a certain level of anxiety and excitement.  Just remember that the best solution to this kind of stress is preparation and a sound plan.  Feeling prepared only happens when you prepare.  You can get a great deal done in 5 days.

Activity #1:  Exam Walkthrough

Students will receive their AP Exam ticket in their email 2 days prior to their test. It will look similar to the one below. It will have your AP ID on it and you will click on the yellow bar to get to your exam. Please make sure you get into your exam 30 min before your scheduled time. This will only be good for the May exam dates. If you have not been getting emails from College Board about your test, please login to myap.collegeboard.org and update your email address. 

There will be 3 different ways to submit your test.

1. Type your responses in a different document then copy and paste it into the exam browser. You will not be able to type directly into the browser.
2. Save a document and attach it. If your test has 2 questions you will need to attach 2 different documents.
3. Hand write your response in pencil or pen on white lines paper and upload of photo of your writing.

For all 3 options your AP ID and your initials will need to be at the top of every page.

You don’t need the complete the test, but you do need to submit before time runs out. There will be a timer going and you will receive a 5 minute warning to start uploading your response if you haven’t already.

If you qualify for extended time, that time will automatically be added on to your timer.

Activity #2:  Face to Face - Preparation and Test Tips

Tomorrow (Friday) at 9:00 A.M.

Mr Clark is inviting you to a scheduled Zoom meeting.  

Join Zoom Meeting
https://us04web.zoom.us/j/78781929511?pwd=SVZseVNqcnI3eUN6RFVEd0pzZ3ZqUT09

Meeting ID: 787 8192 9511
Password: 076150


https://apcentral.collegeboard.org/pdf/ap-2020exam-sample-questions-us-government-politics.pdf

Close:  The Remainder

Following the exam on Monday, the remainder of the academic school year will be spent on completing missing or unfinished assignments for those students who want, or need, to improve their final grade.  More guidance on this will be given Tuesday of next week.

Day 34 - Government Protects Citizens from Government...and each other

Civil Liberties and Civil Rights

Learning Targets:  Students will be able to....

• Explain how the U.S. Constitution protects individual liberties and rights.
• Describe the rights protected in the Bill of Rights.
• Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual liberty.

Through the U.S. Constitution, but primarily through the Bill of Rights and the Fourteenth Amendment, citizens and groups have attempted to limit national and state governments to prevent them from infringing upon individual rights and from denying equal protection under the law. 

However, it has sometimes been argued that these legal protections have been used to slow reforms and restrict freedoms of others in the name of social order.

Opener:  American Freedom
Which do you think American citizens value more, their Civil Rights or their Civil Liberties?  Make sure that your response draws a distinction between the two.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

• 14th Amendment - Ratified in 1868

Activity #1 -  Civil Liberties Key Components - 5 questions you need to answer

1.  How does the Bill of Rights protect citizens and states from an overpowering national government?  Hint:  Recall the reason that these 10 amendments were added to the US Constitution in the first place.....cough...cough...Antifederalists....cough.....

2.  To what extent has the use of 14th amendment undermined the intentions of the 10th?  Hint:  "Incorporation"

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws . - 14th Amendment - Ratified in 1868

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. - 10th Amendment - Ratified 1791

3.  What limitations are there on our freedom of speech and religion?  Hint: Think setting.

4.  Why are the 4th, 5th, 6th, and 8th considered the "rights of the accused"?  Hint:  Think like someone wrongfully accused.

5.  In what ways is the 2nd amendment different than the other civil liberties expressed in the Bill of Rights?  Hint:  "infringed"

Activity #2 -  Civil Rights Key Components - 5 questions we all need to answer

1.  Why did the court reverse the Plessy v Ferguson (1896) separate but equal doctrine the case of Brown v Board of Education (1954)?  Hint:  It is "inherently unequal"

2.  Under what power granted to them under the US Constitution did Congress pass the Civil Rights Act of 1964?  What were the limits?  Hint:  "Public Accommodation"

3.  What do you think were MLK's motives and purposes behind "A Letter from a Birmingham Jail"?  Hint:  Civil Disobedience

4.  The 19th Amendment, the Americans with Disabilities Act, and "Title IX" have all expanded civil rights beyond the issue of race addressed in the previous questions.  Which group in American society do you think more clearly saw immediate benefits?

5.  The 24th Amendment abolished the poll tax.  Why were these taxes, and literacy tests, seen as a deliberate attempt to limit minority voting?  Hint:  Look at the states that had poll taxes.

Close:  AP Test - Helper Sheet and Watch This Video!!!!

Print this out or make your own copy.  Might come in handy...on May 11th....during an event.....  

Just have it handy.

https://docs.google.com/document/d/13jmerKIFY0Rz_7bu0SPKCRDCGGJdFp-UmA0kC7Ur0pQ/edit?usp=sharing

Day 33 - Return of the RED TAPE!!!!

Learning Targets:

• Explain how the bureaucracy carries out the responsibilities of the federal government.
• Explain how the federal bureaucracy uses delegated discretionary authority for rule making and implementation.

Opener:  Bureaucratic Federalist Representative Democracy

The Federal Election Commission (FEC) is just one the countless agencies within the executive branch tasked with executing the federal laws and regulations set forth by Congress and the President.  Choose one of the three tasks given to the FEC below and make an argument for why that task should be their top priority in 2020.

• Prevent election tampering/fraud
• Enforce campaign finance/fundraising laws
• Make accommodations for voting in a pandemic

Activity #1:  One Last Time in the Iron Triangle

While Congress continues to pass "stimulus" legislation, and bureaucratic agencies like the CDC, dominate the headlines, it is important to remember that interest groups also play a role in the decision making process.  

Take a look at this brief article regarding an overlooked industry in the current crisis and then consider the questions that follow.

https://www.federaltimes.com/it-networks/cloud/2020/04/16/interest-groups-call-on-congress-for-it-relief-package/

1.  How does the interest group being discussed justify their importance to Congress and the bureaucracy?

2.  What agency would be responsible for overseeing the distribution of funds and enforcement of regulations?

3.  Do you think voters would support such spending in the current crisis or is this just another example of how citizens are sometimes locked out of the iron triangle?

Close:  Mini Essay practice question for AP testers

The Paycheck Protection Program is the federal government’s main tool for keeping small businesses afloat and their workers employed during the coronavirus crisis, but critics allege that it’s failing to aid the most common type of small business — one without employees — and that’s disproportionately harming women and minority entrepreneurs.

After reading the scenario, respond to A, B, and C below:

(A) Describe a power Congress could use to address the comments outlined in the scenario.
(B) In the context of the scenario, explain how the use of congressional power described in
Part A can be affected by its interaction with the bureaucracy.
(C) In the context of the scenario, explain how the interaction between Congress and the

bureaucracy can be affected by linkage institutions (media, political parties, interest groups

Day 32 - The US Court System

Learning Targets:  Students will be able to....

• Explain the principle of judicial review and how it checks the power of other institutions and state governments.
• Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
• Explain how other branches in the government can limit the Supreme Court’s power. 

Opener: Unprecedented times indeed!  Watch.

Activity #1:  Document Analysis - ASAP & Questions


ASAP +

Passage from Federalist #78, Written by Alexander Hamilton, 1788

"the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution . . . The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; [it] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." 

"For there is no liberty, if the power of judging be not separated from the executive and legislative powers."

Questions:

1. Why does Hamilton view the court as "least dangerous" of the three branches?
2. Is a president obligated to enforce the court's decision or can the president simply ignore it?  Explain.
3. To what extent can we trust 9 unelected people serving lifetime appointments to make the final decisions (judicial review) that shape our entire society?

Activity #2:  Supreme Court Introduction - Mini-lecture review
Make sure and review the slides from our mini-lectures from earlier in the year.  Pay particular attention to slides 6-10.  You may also want to watch the short videos linked below as well.

https://docs.google.com/presentation/d/1p4pTZVd4ftvV32RHw-Yi0w8PEKT_vUnfk0yaC5XAip0/edit?usp=sharing

 


Close:  3 words only:  

Choose 3 words that you would use to describe the US court system.  Keep in mind the structure of the court system, the differences between criminal and civil courts, and the rights of the accused.

Day 33 - Judicial Review Recap

Learning Targets:  Students will be able to....

• Explain the principle of judicial review and how it checks the power of other institutions and state governments.
• Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
• Explain how other branches in the government can limit the Supreme Court’s power. 

Opener: Judicial Review Review

Given that Judicial Review is typically seen as the last "check" in the game of checks and balances, what recourse do we have as citizens if the court issued a decision that the vast majority of the nation disagreed with?  Hint:  Think constitutionally rather than politically.

Activity #1:  Test Prep Mini-Essay

The judicial branch is often assumed to be insulated from politics. However, politics affects many aspects of the judiciary.

(a) Describe two political factors that affect presidents’ decisions to appoint members of the federal judiciary. 

(b) Identify two political factors that affect the confirmation process of a president’s nominees and explain how each factor complicates a confirmation. 

(c) Explain how one legislative power serves as a check on court decisions. 

(d) Explain how one executive power serves as a check on court decisions.

Close:  Check-in

Just let me know how you are doing and if you have any questions or concerns moving forward.  Enjoy the weekend.

Day 31 - An Elected King?

Learning Targets:

• Explain how presidents have interpreted and justified their use of formal and informal powers.
• Explain how the president can implement a policy agenda. 

Opener:  Do we WANT a king?

An argument, going all the way back to the constitutional convention, says that in the end, most people want a single leader (king, dictator, emperor, etc.) even if they are not willing to admit it, or even aware of this inclination.  Since the convention in 1787, there is no doubt that the power and scope of the president has grown.  Watch the video (embedded above), and then answer this question:

To what extent have presidents used past and/or current crises, to expand executive authority?  How so?  

Activity #1: What did the founder originally intend?

Below are excerpts from Article II of the US Constitution that describe the office of the president as the framers saw it in 1787, as well as a couple of amendments that we have since added that affect the executive branch.

For each line, identify what you believe to be the intended purpose of this clause and how it has shaped the office of the president (its effect).

• The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term
• Purpose:  To allow presidents time to implement policies, but still hold them accountable by requiring election/reelection every 4 years.
• Effect:  Presidents have used executive orders and executive agreements when they feel that there is no other way to "leave their mark" and change policy in such a short period of time.

• No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
• Purpose:

• Effect:

• Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
• Purpose:

• Effect:

• The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
• Purpose:

• Effect:

• He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States
• Purpose:

• Effect:

• He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
• Purpose:

• Effect:

• No person shall be elected to the office of the President more than twice (22nd Amendment)
• Purpose:

• Effect:

• Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President (25th Amendment)
• Purpose:

• Effect:

Activity #2 - Beyond ASAP
Alexander Hamilton...a royalist, a patriot, or both? Please, no reference to the play in any part of your response. I'm sure it was wonderful.

Federalist No. 70 (1788)

Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. Every man the least conversant in Roman story, knows how often that republic was obliged to take refuge in the absolute power of a single man, under the formidable title of Dictator, as well against the intrigues of ambitious individuals who aspired to the tyranny, and the seditions of whole classes of the community whose conduct threatened the existence of all government, as against the invasions of external enemies who menaced the conquest and destruction of Rome.

There can be no need, however, to multiply arguments or examples on this head. A feeble Executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government.

Despite his resentment of "common" people involved in politics, his despise for state and local governments, and his proposal for a lifetime term for presidents, Hamilton was still viewed as a quintessential American patriot.  

1.  Looking at the above passage from Federalist Paper #70, make a case for how a modern president of your choosing justified Hamilton's argument above.  

• Be sure to include examples, illustrations, and quotes to support your claim.

Close:  5 Words


Make a list of 5 words that you feel best describe the "ideal" president.  This should be adjectives and adverbs that describe traits or behaviors.  i.e. "Decisive".