Pediatric Calculations

AP REVIEW—CHEAT SHEET Cram for the Exam: FOUNDATION Critical to any study of government is to look at its FOUNDATIONS. Familiarize yourself with these words and concepts: Legitimacy : This is the most fundamental principle when studying government. Legitimate governments, by implication, are those that are properly executed. They are supported and affirmed by correct doctrines and by the people themselves. Before we succumb to any act of government we should ask, “Is this legitimate?” Legitimacy in the American government is primarily rooted in our Constitution. Articles of Confederation : Our first crack at governing ourselves. Though under the Articles we were able to defeat the British in war, it was inadequate as a governing document. The central government had no chief executive, no courts, no means of supporting itself through taxes, in essence no real power. It begged the question, “How can we have a more powerful central government but not too strong?” The simple answer, “More powerful than this.” Declaration of Independence: Jefferson’s legal brief that planted the arguments for independence. Fundamentally it claimed for all certain inalienable rights. They are the right to life, liberty and the pursuit of happiness. Constitution : Our governing document. Written by “the Founding Fathers” in Philadelphia in 1787 the Constitution provided for a limited government divided into three branches. Those three branches are: legislative (power of the purse), executive (power of the sword) and judicial (power to interpret the law). Popular Sovereignty : The essence of our government. “We the people” rule here. Ultimate legitimacy is found in the people. Separation of Powers : The foundational principle in our government is that power corrupts. Therefore all power must be diluted and separated in ways that assure no one person or group has the power to oppress another. This is seen most clearly in the three branches of government and in the concept of federalism (division of power between national and state governments). Federalist Papers: A series of essays written to support the ratification of the new constitution. The most notable essay was Federalist 10. In this essay Madison argued for a republic over a direct democracy. He also stipulated that a large republic would protect against the evils of factions. Bill of Rights : Those that opposed ratification, the Anti-Federalists, worried that the new government would oppress individual liberties. By way of compromise, the Federalists promised to add a Bill of Rights. These first ten amendments to the U.S. Constitution clearly demarcate the limits for our national government. Most importantly the First Amendment protects our right to free speech, free press, free religion (against an establishment of religion and protection of our free exercise of religion), free petition and free assembly. Fourteenth Amendment : Perhaps the single most significant addition to our original constitution. The Fourteenth Amendment extended guarantees to citizens inside of state governments certain due processes, equal protections and privileges and immunities. The Courts have interpreted these extensions in ways that have dramatically increased the power of the national government. This is only a beginning. What questions do you have? What questions about our FOUNDATIONS do you need answered? Remember Thomas Jefferson said, “Every new generation needs a revolution.” How about making your revolution about learning? Let us make this next generation the most learned generation is history. Start now. Start studying. See you in line. We are right behind you. The CONSTITUTION The Preamble.. We the People in order to form a more perfect union, establish justice ensure domestic tranquility. Provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America. Articles: 1. Legislative Branch/Congress 2. Executive Branch/ President 3. Judicial Branch/ Supreme Court 4. Relations among states, full faith and credit clause and admitting states 5. Amending the Constitution—Proposal on NATIONAL level- 2/3 vote, Ratify on the STATE level- 3/4 vote 6. SUPREMACY CLAUSE 7. Ratify the original constitution with 9/13 states AMENDMENTS FREEDOM of Religion, Speech, Press, Peaceful Assembly and the right to Petition Right to Bear Arms No Quartering of Soldiers in your homes No Search & Seizure without a warrant A. you do not have to incriminate yourself in a court—Plead the 5th B. no double jeopardy C. Eminent Domain is allowed by the government 6. Criminal Cases Speedy, Fair and Jury Trial 7. Civil Cases Jury trial in cases when excessive amounts of money are involved 8. Cruel and Unusual Punishment is not allowed, neither is excessive bail nor fines imposed 9. UNENUMERATED Rights Those rights not listed in the Bill of Rights may be brought to trial through this amendment Today: many Privacy and Homosexual Cases are heard through this amendment 10. Those powers not listed in the Constitution are RESERVED for the States 11. States cannot be sued by citizens of other states or citizens of other nations 12. Election of VP & President will be on two separate ballots in the electoral college….due to tie in 1800 T. Jefferson & Aaron Burr After the Civil War 13. Prohibited Slavery 14. Rights of Citizens — Anyone born in the USA is a citizen and so is entitled to Due Process ***** DUE PROCESS of Law to be applied to the STATES 15. All males get to vote After 1913 16. Federal Income Tax imposed 17. Direct election of Senators 18. Prohibition is imposed (no making or selling of alcohol) 19. All women get the right to vote 20. The presidential inauguration date is changed to January 20 th 21. Prohibition is repealed After FDR dies in 1945 22. TWO TERMS for the President (4 year terms = 8 years ---10 total!) 23. Washington D.C. gets 3 electoral college votes 24. Poll Taxes are prohibited After Cuban Missile Crisis 1960’s 25. Presidential Succession Pres – VP - Speaker of the House -Pro Tempore – Secretary of State 1971-Vietnam War    1. 2. 3. 4. 5. 26. 27. 18 year olds get to vote Congressional Pay raise for the next session of Congress ---A Term/Session lasts 2 years Cram for the Exam: Federalism Posted by DanLarsenCBS2   Federalism is the unique American invention that separates power between national, state and local governments. It was a way our Founders helped to protect our liberties. Diluting power prevents too much power in one place.  Federalism also provided for each state to be a laboratory . Each state can practice policies on a much smaller scale. If they succeed the national government can adopt these policies and apply them to everybody. Federalism, however, can often make for duplication and inefficiencies . There are many levels of government often doing the same things. Budgets are bigger. Staffs are larger. There is more government. Here are ten key words and concepts when learning about federalism: Marble Cake Federalism : The brand of federalism practiced here is cooperative. National and State governments may both be sovereign but they work together. Both, for example, implement education policy. Concurrent Powers : These are powers shared by both national and state governments. An example is the power to tax. 10th Amendment : This amendment establishes the reserved powers. The Constitution reserves certain powers to the states. Though they are not specifically listed the Courts have recognized that the Federal government cannot encroach on everything. In today’s political arena finding examples is not easy. Supremacy Clause : The Constitution stipulates that in cases of conflict between the national government and state governments the national government is supreme. McCulloch v. Maryland (1819): The supremacy clause is clearly defined in this case. This involved the National Bank and the necessary and proper clause. The state of Maryland could not tax the national bank. Interstate Commerce Clause : This clause of the U.S. Constitution is most frequently used to extend and expand the power and reach of the national government. Federal Aggrandizement : As a major theme of American government, the story of government here is the story of an ever growing and expanding national government. We were born fearing a strong government. As we reflect over the years we find a centralized government growing stronger and stronger.  Devolution : Our core culture still speaks out for a smaller limited government. Devolution speaks to this desire for a smaller central government. Today the Tea Party Movement appears to be the loudest voice on this issue. Typically those favoring devolution vote for the Republican Party. Mandates : This is an order given to the states by the national government. There is no choice. The order must be fulfilled.    Block Grants : This is when the national government provides money to the states to perform certain duties. It is another way for the national government to impose its agenda onto the states. The cash strapped states are generally reluctant to pass up this “free” money Cram for the Exam: Civil Liberties and Civil Rights A fundamental concept in American government is the idea that government is limited and allows for the equality of opportunity of all its citizens.  civil liberties ensures that we possess certain unalienable rights that government cannot take from us. The protection of our The Bill of Rights is the first 10 amendments to the Constitution that defined the limits of government . The Bill of Rights was originally only interpreted to apply to the national government meant.   began using the 14th Amendment’s “Due Process Clause” to make states protect some of the liberties from the Bill of Rights. This gradual process of making states abide by parts of the Bill of Rights is known as “selective incorporation.” During the course of the 20th century, the U.S. Supreme Court SCOTUS Cases that incorporated Civil Liberties Gitlow v. New York (1925) is the first case in which the USSC made states protect the right to 1st Amendment’s protection of free speech. Texas v. Johnson (1989) is a case in which the USSC ruled that flag burning could not be banned by a state just because it’s offensive. Near v. Minnesota (1931) is a case in which the 1st Amendment’s protection of free press was applied to the states. Everson v. Board of Education (1947) made states follow the 1st Amendment’s establishment clause which prohibits government from establishing a sponsored religion. Mapp v. Ohio (1961) is the first case in which the USSC said that state and local police must follow the 4th amendments prohibition against unreasonable searches and seizures. Violations would result in the improperly seized evidence being thrown out under the exclusionary rule. Gideon v. Wainwright (1963) said the 6th amendment mandates that states provide a lawyer to accused criminal facing jail time right to an attorney. Roper v. Simmons (2005) said the 8th amendment protection against cruel and unusual punishments prohibits states from sentencing a criminal to death if the crime was committed by a person under the age of 18. Civil Rights In its work to uphold civil rights, government acts to intervene when citizens are treated unfairly due to race, religion or gender. Plessy v. Ferguson (1896) is a USSC case that allowed the “separate but equal” standard at the heart of de facto racial segregation laws. Brown v. the Board of Education of Topeka (1954) overturned the “separate but equal” standard as it applied to public schools. Baker v. Carr (1962) and Wesberry v. Sanders (1964) were a tandem of USSC cases that made the practice of malapportionment unconstitutional. By creating the standard of “one man, one vote” the court prohibited the creation of congressional districts that were intentionally different populations to dilute black voting power. The result was the increased political power and representation of ethnic minorities in Congress. Civil Rights Act (1964) was a congressional law that prohibited the racial segregation of public facilities like hotels, restaurants and public transportation. Heart of Atlanta Motel v. U.S. (1964) was a court case in which the USSC said that the Civil Rights Act of 1964 was constitutional based on Congress’s power to regular interstate commerce. Voting Rights Act (1965) was a national law that enforced the 15th amendment. It prohibited literacy tests and state poll taxes that were used to restrict black voting. It also mandated that states and local governments work to increase voter registration efforts in black communities that had been disenfranchised.   Title IX (1972) was part of an education reform law that prohibited public schools from discriminating based on gender Cram for the Exam: CONGRESS----Article 1 POWERS of Congress —also called Expressed Powers, Enumerated Powers, Delegated powers each year…today less than OVERSIGHT 10% by withholding money from executive agencies and  Congress uses  Percentage of Bills passed  Make laws, Collect taxes, Coin $, Borrow $, Punish Counterfeiters, Declare War, grant patents, set naturalization laws, Regulate commerce, Override Vetoes w 2/3 vote, Propose an Amendment to the Constitution with a 2/3 vote calling committee hearings HOUSE SENATE 435 members elected every 2 years Based on population- at least 1 per state 100 members 1/3 elected every 2 years “Continuous Body” Based on Equality-each state gets 2 Requirements 25 yrs old, 7 years a citizen and Head of Chamber- Speaker of the House Requirements 30 yrs old, 9 years a citizen and Head of Chamber—Majority Leader SPECIFIC ROLES….. Can impeach the President w/ majority vote Originates Revenue Bills Decides the Presidency if no candidate reaches 270 Can hold an impeachment trial and remove the President w/ 2/3 vote Confirms presidential Appointments Decides the V.P. if no candidate reaches 270 Confirms Treaties w/ 2/3 vote SENATE Continued FILIBUSTER power —Cloture can stop this 60/100 Vice President of the U.S. is the “president” Of the Senate and can break a tie Know the process of a bill becoming a law Define: Standing Committee/ Permanent Committee Ways & Means- Taxes, Appropriations-decides how much $ to spend Select Committee Conference Committee Joint Committees Top 10 Acts/LAWS of Congress The Civil Rights Act of 1964 1. Ended Jim Crow segregation in hotels, motels, restaurants, and other areas of public accommodation 2. Prohibited discrimination in employment on the basis of race, color, national origin, religion, or gender 3. Created the Equal Employment Opportunity Commission to monitor & enforce these protections 4. SCOTUS upheld the CRA on the grounds that segregation affects interstate commerce  The Voting Rights Act of 1965  Outlawed literacy tests as a requirement for voting & Provided federal oversight of voter registration.  The Clean Air Act (1970)   1. Established NATIONAL air quality standards 2. Required STATES to administer the new standards and to appropriate states funds for that purpose. 3. Allowed private citizens to sue individuals & corporations that violated the act 4. Federal > State  The War Powers Resolution (1973) 1. POTUS must notify Congress within 24 hours of deploying troops 2. Requires POTUS to withdraw troops within 60 days unless Congress extends the time  The Budget and Impoundment Control Act of 1974 1. Prohibited Presidential impoundment of funds 2. Created the Congressional Budget Office (CBO) to evaluate the President's budget 3. Created the Budget Committees in bot House & Senate  The Federal Election Campaign Act (1974)   1. Created the Federal Election Commission 2. Tightened reporting requirements for campaign contributions 3. Provided full public (tax $) financing for major party candidates in the general election  Americans with Disabilities Act (1990)  1. Requires employers and public facilities to make "reasonable accommodations" for people with disabilities 2. Prohibits discrimination against people with disabilities in employment 3. Extends CRA of 1964 to people with physical or mental disabilities 4. Federal > State  Welfare Reform Act (1996)  1. Replaced the Aid to Families with Dependent Children program with block grants to the states 2. Illustrated the process of DEVOLUTION by giving states greater discretion in to determine how to transfer people from welfare to work 3. States > Federal  No Child Left Behind Act (2001)  1. Requires states to set standards and measurable goals to improve education 2. Requires the states to develop assessments in basic skills to be given to all students in certain grades 3. Represents a DRAMATIC expansion of the federal role in education  USA PATRIOT ACT (2001)  1. Expanded the definition of terrorism to include DOMESTIC terrorism 2. Authorized searches of homes & businesses without the permission or knowledge of owner 3. Increased the ability of law enforcement to search telephone, e-mail, medical & financial records, etc.... Cram for the Exam: “The Presidency”--- ARTICLE II   Main job- Execute the Laws of the Land Requirements of the office- Natural Born Citizen, 35 yrs. old and 14 years residency requirement Typical Candidates--- VP’s, Governors and Senators Caucuses (IO)- (January – June) – official nomination of party candidates – DELEGATES vote (end of summer) Presidential Election -General election by the people in November— actually voting for “electors” Winner Takes All---270 to win Maine & Nebraska –proportional Amendment--- nd 2 separate votes in the Electoral College (1-for President, 1-for VP) Inauguration Day Amendment- th is Jan 20 due to the  th Election- didn’t want Congress to pick the president-gives them too much power and didn’t trust the people to decide *Occurs in December-Electors can NOT be House or Senate Members!!!  Electoral College Presidential 22 (NH) &  12 National Conventions  4.  3.  2.   1. Pre-nomination phase— Primaries  4 stages to become President 20 th Amendment 2 terms for the President= 8yrs ----President Washington set the precedent Honeymoon Period---Most Presidents lose popularity the longer they are in office 25 th Amendment - Presidential Secession ---Pres, VP, Speaker of the House, Pres. Pro Tempore, Secretaries----State, (Linkage Institution) to get his point across-  President must use the Media    VICE PRESIDENT--- Usually was chosen to “BALANCE THE TICKET” President of the Senate — only votes to break ties Opens and reads Electoral College results---------Used to be a “Do Nothing” job “POWER TO PERSUADE”  Surrounded by the White House Office (West Wing) = EOP (Executive Office of the Presidency) EOP=“Kitchen Cabinet” - Chief of Staff, Press Secretary, OMB, NSC members, Economic Advisors  Chief of Staff —the most crucial position of the White House Staff--- RIGHT ARM of the president ! --Organizes the WH operation & prioritizes the president’s decision making on a day to day basis About 500---So many come from the president’s campaign to work hand and hand with the President  Presidents Leak Information to the Media - “Trial Balloon” 15 Cabinet Departments- Secretaries are not necessarily the President’s closest friends they defend their own turf or their topic area KNOW THE 15 DEPARTMENTS and the area of interest for each department FORMAL POWERS-     VETO- only about 5% of Vetoes are actually overridden Commander in Chief Chief Executive- Enforce all the laws and oversee the Bureaucracy of nearly 3 million workers Give the State of the Union Address each year Convene Congress when needed Nominate & Appoint officials ( majority of Senate approval) Appoints close to 7,000 positions! Make Treaties with the advise & consent of the Senate (2/3 vote) Grant Pardons and Reprieves Receive Ambassadors INFORMAL Powers –    Agenda Setter-- Tries to promote legislation- he can faster than anyone His ability to politic through the Bully Pulpit — Uses the Media to his advantage Gets his Political Party behind his decisions – Political Party Leader Elections= Mandate by the people Executive Orders are NOT written in the Constitution but have been used since President Washington and have the same power as laws Executive Privilege— the Constitution does not mention this power, however it means the power to deflect investigations by the legislative branch (legislative oversight) based on the principle of separation of powers. This power has been used since President Washington.  When did the Executive Privilege NOT work for a President--- U.S. v. Nixon Executive Agreements —only binding for the president who sets them no senate vote on these Chief Administrator of the Bureaucracy  LIMITATIONS ON THE PRESIDENT— War Powers Resolution Act (90 days)   BUREAUCRACY --15 Cabinet Departments, Independent Agencies and Independent Regulatory Agencies Pendleton Act was passed due to President Garfield’s Assassination End of Patronage system ---- Hello Civil Service Exams-Merit System Iron Triangle--- Trio of interests that work together to get policy passed Federal Department, Interest Groups, Congressional Committees Issue Networks----preferred method of policymaking today Interest Groups, Congress members, Scholars (Experts), MEDIA, Activists Freedom of Information Act allows for leaks to the public  Cram for the Exam: JUDICIAL BRANCH—Article III & CIVIL RIGHTS The U.S. Court system consists of two layers 1. Federal 2. State = there are 51 court systems in the US Only court mentioned in the Constitution is the Supreme Court Article III- is where you will find a description of the Supreme Court *federal and district judges are appointed by the president *Congress may impeach a judge The SC has gained much more power than the founding fathers intended due to JUDICIAL REVIEW Which came from the SC Case “Marbury v Madison” Supreme Court has 9 judges, life terms, vacancies only occur when a justice dies, retires or is impeached *the president nominates, senate confirms with a majority vote after public hearings on that person are held Lower federal judges are also nominated by the president and confirmed by the senate “senatorial courtesy” Supreme Court (appellate and original jurisdiction) FEDERAL/NATIONAL LEVEL STATE LEVEL State Supreme Courts (appellate jurisdiction) Courts of Appeals (only appellate jurisdiction) District Courts (only original jurisdiction) Common Law- decisions made by Judges Court of Appeals (only appellate jurisdiction) Trial Courts (only original jurisdiction) Statutory Law- law made by the legislature Most laws are made here!!! Administrative Law- law made by agencies such as EPA regulations Constitutional Law- law created by appellate courts, including the Supreme Court and is considered supreme or ultimate, prevailing over any statutory or common law made Criminal cases- deal with crimes committed/ Jail time Civil cases- deal with property damages, money- sue, or relations between private citizens Judges makes policy by receiving cases, hearing cases and rendering verdicts Warren Court Burger Court (1953-1969) politically liberal and judicially active (1969-1986) politically conservative but judicially active Decided Roe v. Wade- exception to the rule Rehnquist Court (1986-present) politically conservative but judicially active Most cases come to the Supreme Court on APPEALS! TERMS TO KNOW Amicus curiae ( briefs written by ACLU, NAACP, “friends of the court”) Judicial activism or restraint Certiorari- SC decides to take a case Rule of Four, brief, recess, sitting unanimous opinions, majority opinions, concurring opinions, dissenting opinions litigation- lawsuit litigated- a case that is being heard class action suit grand jury- is there enough evidence to hear a case? Petit jury- decide the guilt or innocence Defendant, plaintiff, precedent, oral argument, stare decisis, The 21 most famous Supreme Court decisions Marbury v. Madison, 1803 (4-0 decision) Established the Supreme Court's power of judicial review over Congress.  McCulloch v. Maryland, 1819 (7-0 decision) Established the federal government's implied powers over the states . Dred Scott v. Sandford, 1857 (7-2 decision) Denied citizenship to African American slaves. Plessy v. Ferguson, 1896 (7-1 decision) Upheld "separate but equal" segregation laws in states. Korematsu v. United States , 1944 (6-3 decision) Upheld internment of Japanese Americans during World War II. Brown v. Board of Education , 1954 (9-0 decision) Separating black and white students in public schools is unconstitutional. Gideon v. Wainwright, 1963 (9-0 decision) Criminal defendants have a right to an attorney even if they cannot afford one. New York Times v. Sullivan , 1964 (9-0 decision) Lawsuits based on libel or defamation must show intent or recklessness. Miranda v. Arizona, 1966 (5-4 decision) Prisoners must be advised of their rights before being questioned by police. Loving v. Virginia, 1967 (9-0 decision) Invalidated state laws prohibiting interracial marriage. Roe v. Wade , 1973 (7-2 decision) Women have a constitutional right to an abortion during the first two trimesters. United States v. Nixon , 1974 (8-0 decision) President cannot use executive privilege to withhold evidence from criminal trial. Regents of the University of California v. Bakke, 1978 (5-4 decision) Upheld use of race as one of many factors in college admissions. Bush v. Gore, 2000 (5-4 decision) No recount of the 2000 presidential election was feasible in a reasonable time period. Lawrence v. Texas , 2003 (6-3 decision)  Struck down state laws that prohibited sodomy between consenting adults . District of Columbia v. Heller , 2008 (5-4 decision) Citizens have a right to possess firearms at home for self-defense. Citizens United v. Federal Election Commission , 2010 (5-4 decision) Corporations and unions can spend unlimited amounts in elections. National Federation of Independent Business v. Sebelius Upheld the mandate that most Americans have health insurance. , 2012 (5-4 decision) Shelby County v. Holder , 2013 (5-4 decision) States and localities do not need federal approval to change voting laws. United States v. Windsor , 2013 (5-4 decision) Federal government must provide benefits to legally married same-sex couples. Obergefell v. Hodges, 2015 (5-4 decision) Same-sex marriage is legalized across all 50 states. POWERS & FRACTIONS Expressed, FORMAL, Enumerated. Written, Delegated Powers: Lay and collect taxes, Borrow $, Coin $ Establish Naturalization & Bankruptcy laws Regulate commerce To make all laws that are Necessary & Proper! To call forth the militia Fix standards of weights & measures Provide for punishment of counterfeiting Establish post offices Establishing patents and copyrights Provide & maintain a Navy To create courts inferior to the Supreme Court Commander in Chief Enforce all laws Grant reprieves and pardons Make treaties with the advise & consent of the Nominate & appoint officials Give the State of the Union Convene Congress Receive ambassadors  those listed in the Constitution President-Article 2 Congress-Article 1 Senate       Implied Powers : those powers not listed in the Constitution, but understood to be Necessary and Proper---due to the Elastic Clause. Article 1 section 8 Remember--- The Cabinet Departments and Political Parties ARE NOT LISTED in the Constitution !!! Concurrent Powers: those powers shared by National & State governments BASIC PRINCIPLES: Republicanism, Federalism, Separation of Powers Checks and Balances, Popular Sovereignty (We the People) “FRACTIONS” 3 / 4 ---3 / 5 ----   Majority              2/3 Congress ratifies an amendment to the Constitution through State Legislatures Used when the Senate needs to stop a filibuster through Cloture ** also used when a state government is making a bill become a law & their state legislature needs to override a governor’s veto --* Needed to convict a president by the Senate in an impeachment trial *Used when a treaty is made by the president & the Senate must approve *Used when the National Congress proposes an amendment to the Constitution *Used to override a Veto by both houses        ***Appointments of the President confirmed by the Senate *** Used when the House is bringing impeachment charges against the president ***Used when the House has to select the President because he/she didn’t get enough electoral college votes