Unit 5 Review Ap Gov

Unit 5 Review: AP Government – Mastering the Institutions of American Government

This comprehensive review covers Unit 5 of the AP Government curriculum, focusing on the institutions of the American government: the bureaucracy, the judiciary, and the relationship between them. Understanding these complex systems is crucial for success on the AP exam. This guide provides in-depth explanations, key terms, and practice strategies to help you master this crucial unit. We will explore the structure, powers, and limitations of each institution, along with their interactions and influences on public policy.

I. The Bureaucracy: Implementing Public Policy

The bureaucracy, often referred to as the administrative state, is the vast network of government agencies and departments responsible for implementing and enforcing laws passed by Congress. Understanding its structure and function is key to understanding American governance.

A. Structure and Organization: The bureaucracy is organized hierarchically, with power flowing from the top (the President) down to various departments, agencies, and bureaus. Key features include:

• Cabinet Departments: Fifteen major departments (e.g., Department of Defense, Department of Justice) responsible for broad areas of policy. Each department is headed by a Secretary appointed by the President and confirmed by the Senate.
• Independent Regulatory Agencies: Agencies with specific regulatory responsibilities (e.g., EPA, FCC, FTC). These agencies are designed to be relatively independent from the President and other political pressures to ensure impartiality.
• Government Corporations: Agencies that operate like businesses, providing services (e.g., USPS, Amtrak).
• Independent Executive Agencies: Agencies that report directly to the President but are not part of a cabinet department (e.g., NASA, CIA).

B. Functions of the Bureaucracy:

• Implementation: Translating laws passed by Congress into specific rules and regulations. This often involves interpreting vague or ambiguous legislation.
• Rulemaking: Creating detailed regulations that guide how laws are enforced. This process involves public comment periods and can be subject to judicial review.
• Enforcement: Monitoring compliance with regulations and taking action against violators. This includes investigations, inspections, and legal action.
• Adjudication: Resolving disputes related to regulations through administrative hearings and appeals.

C. Checks on Bureaucratic Power:

• Congressional Oversight: Congress can investigate agency activities, control agency budgets, and pass legislation to limit agency power. This includes hearings, budget reviews, and legislative mandates.
• Presidential Control: The President appoints agency heads and can issue executive orders to influence agency policy. However, the extent of presidential control is often limited by bureaucratic expertise and inertia.
• Judicial Review: Courts can review agency actions to ensure they comply with the law and the Constitution. This ensures accountability and prevents agencies from acting arbitrarily.
• Public Opinion and Interest Groups: Public pressure and lobbying by interest groups can influence agency decisions and behavior. This is a vital element of democratic oversight.

D. Challenges Faced by the Bureaucracy:

• Red Tape: Excessive regulations and procedures that can slow down decision-making and increase costs.
• Bureaucratic Pathologies: Problems such as inefficiency, waste, and corruption.
• Lack of Accountability: Difficulty in holding bureaucrats responsible for their actions.
• Political Influence: Pressure from politicians and interest groups can lead to biased or ineffective policies.

II. The Judiciary: Interpreting and Applying the Law

The judicial branch, headed by the Supreme Court, plays a critical role in interpreting and applying the law. This involves resolving legal disputes and shaping public policy through judicial review.

A. Structure of the Federal Court System:

• District Courts: The trial courts of the federal system, where cases are initially heard.
• Circuit Courts of Appeals: Intermediate appellate courts that review decisions from district courts.
• Supreme Court: The highest court in the land, which hears appeals from circuit courts and state supreme courts.

B. Judicial Review: The power of the Supreme Court to declare laws and actions of the executive and legislative branches unconstitutional. This power, established in Marbury v. Madison (1803), is a cornerstone of American government.

C. Judicial Selection:

• Appointment: Federal judges are appointed by the President and confirmed by the Senate. This process often involves intense political battles, especially for Supreme Court justices.
• Life Tenure: Federal judges serve life terms, subject to good behavior, which is intended to insulate them from political pressure. This contributes to the court's independence.

D. Judicial Philosophy:

• Judicial Restraint: A philosophy that emphasizes deference to the legislature and executive branches, only striking down laws that are clearly unconstitutional.
• Judicial Activism: A philosophy that emphasizes using judicial power to address social and political problems, even if it means overturning legislative or executive actions.

E. Influences on Judicial Decisions:

• Legal Precedents (Stare Decisis): Courts generally follow previous rulings on similar cases, but this principle is not absolute.
• Constitutional Interpretation: Judges interpret the Constitution based on their understanding of its text, history, and purpose. Various methods of interpretation exist (originalism, textualism, living constitution).
• Political Ideology: Judges’ personal beliefs and political ideologies can influence their decisions, though they strive for impartiality.
• Public Opinion: While judges are not directly elected, they are aware of public opinion and its potential impact on their decisions.

III. The Relationship Between the Bureaucracy and the Judiciary

The bureaucracy and the judiciary are interconnected in several key ways:

• Judicial Review of Agency Actions: The courts can review agency rules and regulations to ensure they comply with the law. This provides a crucial check on bureaucratic power and helps ensure accountability.
• Enforcement of Court Decisions: The bureaucracy is responsible for implementing court decisions, including enforcing court orders and judgments.
• Agency Litigation: Agencies frequently engage in litigation, either defending their actions against legal challenges or bringing lawsuits to enforce regulations.
• Judicial Appointments: The judiciary plays a role in the appointment process for some agency heads.

IV. Key Cases and Concepts for Unit 5 AP Gov Review

• Marbury v. Madison (1803): Established the principle of judicial review.
• McCulloch v. Maryland (1819): Upheld the implied powers of Congress and the supremacy of federal law.
• Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984): Established the principle of Chevron deference, where courts defer to agency interpretations of ambiguous statutes.
• Administrative Procedure Act (APA): Establishes procedures for agency rulemaking and adjudication.
• Iron Triangles: Relationships between interest groups, congressional committees, and bureaucratic agencies that can lead to policy gridlock or influence peddling.
• Issue Networks: More diffuse relationships among a wider range of actors involved in policy debates.
• Patronage: The practice of appointing individuals to government positions based on political loyalty rather than merit. This is largely curtailed today but still has remnants of influence.

V. Strategies for Success on the AP Government Exam

• Understand Key Terms: Familiarize yourself with the definitions and applications of all key terms listed above and throughout your textbook.
• Analyze Case Studies: Understanding the implications of key Supreme Court cases is essential for success. Practice applying legal principles to hypothetical scenarios.
• Master the Concepts: Don't just memorize facts; understand the underlying principles and relationships between different institutions and actors.
• Practice Multiple-Choice Questions: Practice answering multiple-choice questions using past AP exams and practice tests to identify your strengths and weaknesses.
• Develop Essay Writing Skills: Practice writing essays that clearly and concisely address the prompt, provide relevant evidence, and demonstrate a thorough understanding of the material.

VI. Frequently Asked Questions (FAQ)

• Q: What is the difference between judicial restraint and judicial activism?

  • A: Judicial restraint emphasizes deference to precedent and legislative intent, while judicial activism involves using judicial power to address social and political problems, potentially overturning established law.

• Q: How does Congress exert oversight over the bureaucracy?

  • A: Congress uses various methods, including budget control, hearings, investigations, and legislative mandates, to oversee the actions of the bureaucracy and ensure accountability.

• Q: What is the role of public opinion in shaping judicial decisions?

  • A: While judges are not directly elected, they are aware of public opinion and may consider it when making decisions, particularly on controversial issues. However, they are expected to adhere to legal principles and avoid being unduly influenced by public pressure.

• Q: How do iron triangles and issue networks influence policymaking?

  • A: Iron triangles represent relatively stable relationships between interest groups, congressional committees, and bureaucratic agencies, potentially leading to policy outcomes favoring these established actors. Issue networks are more diffuse and involve a broader range of actors, leading to greater competition and less predictability in policy outcomes.

• Q: What is the significance of Chevron Deference?

  • A: Chevron Deference grants significant authority to administrative agencies in interpreting ambiguous statutes, allowing agencies to exercise considerable discretion in implementing laws passed by Congress. This impacts judicial review of agency actions.

VII. Conclusion

Mastering Unit 5 of the AP Government curriculum requires a thorough understanding of the bureaucracy, the judiciary, and their intricate relationship. By focusing on key concepts, analyzing case studies, and practicing essay writing, you can develop the knowledge and skills needed to succeed on the AP exam. Remember to utilize the strategies outlined above, and don't hesitate to seek additional resources and support as you prepare for the examination. Good luck!