2012 AP Exam FRQ's

#1 2012 FRQ on Congress A1. A Senate filibuster is described as a means by which to stop legislation in its very tracks. Most famously portrayed in the movie “Mr. Smith Goes to Washington” a filibuster can be used by any Senator to delay a vote on a particular bill through standing up and talking seemingly endlessly which prevents a bill from reaching a vote. A filibuster can only be ended through a 3/5ths vote of cloture. It is a powerful tool used oftentimes by the minority power in the Senate. The very threat of a filibuster can stop a bill from ever reaching the floor. It has a direct effect on legislation by forcing modification or even reconsideration of a particular bill. A2. A conference committee (CC) is congress’ way to compromise on particular legislation. For legislation to reach the president’s desk for signature a House version of a bill must match that of the Senate’s version. Ranking members of both houses meet to bring together both versions of a particular bill in conference committee in order to reach a finalized version. Oftentimes, compromises have to be made. Keeping in mind that the House and the Senate have different consideration when it comes to constituent service (the House oftentimes has more narrow interests to satisfy where the Senate often looks at legislation in more broad terms), the conference committee is critical in hammering out an acceptable compromise. Following a compromise in the CC, the finalized bill must be voted on again by each body. Sometimes failure to satisfy each body with a suitable compromise could lead to a bill’s death. B1. One method by which the congress exercises oversight of the federal bureaucracy is through the “power of the purse.” Congress has the funding authority over the federal bureaucracy which means that every year, a federal agency must go before congress and present its annual budget and programmatic objectives. Budget hearings take place and key decisions are made as to whether an agency will receive its funding request for the year. This is a powerful oversight tool congress exercises over the bureaucracy. If the bureaucracy does not present a sound budget or programmatic objectives for the year, it will not receive its expected funding. In some cases, an agency will make significant changes to its programs in order to meet with congress’ demands. C1. Casework can best be described as constituent service that members of congress engage in each year on behalf of voters. More associated with the House of Representatives (“the people’s house”), casework is for example follow-through on particular problems and issues that occur within a member of congress’ district. Constituent complaints usually are handled by a congressman’s staff member who are charged with following through with an investigation of the complaint, contacting affected parties, involving local authorities when necessary and contacting the constituent to determine if a successful outcome has been achieved. All of this work can be extremely time-consuming. Whether or not casework takes away significant time from a congressman’s legislative responsibilities is debatable. As mentioned, the congressman himself is usually not involved; generally it is a member of his staff. Still, if the problem is significant enough (a leak at a local nuclear power plant, for example) there is the potential for casework to take a legislator away from their legislative responsibilities for a time. Still, there is a payoff as casework is seen as an incumbency advantage. Demonstrating responsiveness to local problems is a way by which a congressman can demonstrate his/her effectiveness. #2 2012 FRQ on Minority Representation in Congress A1. When one compares minority representation in Congress between 1960 and 2010 one can see a striking change. While one can see population growth between African-American and Hispanic percentages of the population, what is evident is that representation levels in the House of Representatives grew significantly during this 50 year period. One can see that African-American representation in the House grew by 9 percent between 1960 and 2010. Likewise it grew 9 percent for Hispanics during the same period. What is most important to say however is that despite this growth, minority representation in congress with respect to the general population is vastly under enrolled. Both houses of congress are dominated by older, white male, protestant representatives that hardly reflect America’s diverse population. B1. The Voting Rights Act of 1965 assisted in the removal of barriers to minority voting by making illegal many practices that were carried out in many parts of the country. For example, Literacy tests was outlawed under the Voting Rights Act. These were tests administered to voters that given their near impossibility for passage, discouraged many African-Americans from going to the polls. In addition to outlawing many of these illegal practices, the Voting Rights Act encouraged more voting by placing federal monitors in place to ensure that the law was carried out to the letter. In this, the Act removed many barriers to minority voting participation and led to a significant increase in participation. B2. The 24th Amendment assisted in the removal of barriers to minority voting by making poll taxes illegal under the Voting Rights Act. Poll taxes were essentially a way to prevent poor African-Americans from voting by hitting them in their pocket books. By charging a levy, many blacks stayed away from the polls. With the elimination of the poll tax under the 24th Amendment a major barrier was removed for African-Americans. C1. One barrier that currently impedes minority representation in Congress is the issue of incumbency. With rates of reelection among members of Congress standing over 80%, it is simply very difficult to become a fledgling member. Many members of the Senate have served over 40 years with House reps right behind them in terms of years of service. It is difficult to change decades of systemic racial underrepresentation. Members of both houses above are predominated by white, wealth, older males. It is difficult for any person, let alone a person of color to find entry into this elite club due to the issue of incumbency. #3 2012 FRQ on Judicial Appointments A1. One political factor that affects a presidents’ decision to appoint members of the federal judiciary concerns which party in power at the time of appointment. If the president’s party is considered the majority in both the House and Senate (usually this happens within the first two years of a president’s term) then he/she has a greater probability for his/her candidate’s confirmation. Presidents often make judicial choices during this so-called “honeymoon period” where there usually is a reservoir of good will-however short lived this lasts. A2. Another political factor that affects a presidents’ decision to appoint members of the federal judiciary concerns the lifelong tenure of the judicial appointee. A president must decide if the choice he or she makes will stand the test of time. In other words, a president usually appoints an individual who reflects the president’s judicial philosophy. Considerable time is spent vetting a judicial appointee by the president’s staff. No surprises are desired. President’s Eisenhower’s greatest regret politically was appointing Earl Warren to the Supreme Court bench. Those decisions made by Warren have had an indelible effect on jurisprudence even today. B1. One political factor that affects the confirmation process of a president’s nominees is the need for Senate judiciary approval of a presidential nominee. The Senate conducts a series of hearings to determine the suitability of a potential nominee. This can lead to grueling testimony and potential embarrassment by an appointee. Some selectees have decided to recues themselves from consideration since the committee process, often nationally televised is too difficult for them. B2. Another political factor that affects the confirmation process of a president’s nominees concerns the need for a majority vote for confirmation within the Senate as a whole in order to confirm the nominee. In most cases if a candidate receives a recommendation from the judiciary committee concerning suitability of a candidate, the Senate votes to confirm. However, the Senate as a body may send signals of a candidate’s lack of suitability which will kill a nomination within its very tracks. C1. One legislative power that serves as a check on court decisions is the constitutional amendment process. A law passed by the US Supreme Court can be overturned through the legislative branch if it can muster the 2/3rds majority in both houses and then get the state legislatures to pass the amendment as well. D1. One executive power that serves as a check on court decisions concerns a law’s enforceability. A famous saying by Andrew Jackson paraphrased was: “John Marshall can make a decision, let’s see enforce it now.” Ultimately, the executive branch can choose to ignore judicial rulings made. The 14th amendment to the Constitution and subsequent court rulings were ignored for nearly 100 years by presidents, choosing not to inflame the nation in controversy. #4 2012 FRQ on Interest Groups A1. One technique interest groups use to influence elections relates to campaign contributions. Perhaps as its most potent weapon, Political Action Committees (PACs) raise millions of dollars on behalf of political candidates. While there are rules in place that to a degree limit the amount of money raised (McCain-Feingold’s ban on soft money), money is raised by the barrelful for candidates who in return may vote favorably on an interest group’s issue. A2. Another technique interest groups use to influence elections concerns grassroots mobilization. This is defined as the mobilization of volunteers on the local level on behalf of a candidate or a campaign. Millions of volunteers knock on neighborhood doors, make phone calls and write letters on behalf of a particular candidate. This organization can be highly effective in influencing an election’s outcome. B1. Interest groups use issue networks (also known as iron triangles) to influence government decision making by forming these so-called alliances in order to hopefully pass particular legislation favorable to the interest group’s goal. An Iron Triangle is usually comprised of a member of congress, a federal agency and an interest group lobbyist. Consider a tobacco lobbyist doesn’t want to see gruesome pictures on all cigarette packages. He may seek to curry favor with a congressman (who votes on such legislation) by donating money to his election campaign or by sending a high paid lawyer to provide testimony at a federal agency’s hearing. B2. Interest groups use amicus curiae briefs to influence government decision making by sending their attorneys to court in order to represent an individual or issue that concerns them. The NAACP sent Thurgood Marshall to argue in front of the Warren Court during the Brown vs. the Board of Education case. Mr. Marshall an eminent attorney filed the amicus curiae on behalf of Brown and helped her secure the historic separate is never equal outcome. C1. The media serves to limit interest group influence by shining light on illegal practices potentially carried out by interest groups. Generally, the public feels that politicians are bought and sold by corporations and other interest groups. The media can focus attention on money and expenditure between interest groups and politicians which may in turn lead to negative public opinion and ultimately an investigation or court hearing. The media can be an intimidating presence in limiting interest group influence. C2. Pluralism serves to limit interest group influence by creating alternative interest groups that counter balance the effects of certain interests. This was written about quite effectively by James Madison in Federalist #10. Pluralism is defined as the multiplicity of interests that make up American society. An optimist sees pluralism as a positive melding of multiple ideas that is the very definition of what makes up a democracy. As Madison pointed out, countervailing interest groups can balance or cancel each other out as “ambition is made to counteract ambition…”