AP Government: Important Legislation and its Political Relevance
Airline Deregulation
Act (1978)
Gave airlines the power to set whatever fares the market could bear, and allowed them to service any cities they wanted. Resulted in lower fares, greater choice of routes, and a few mergers and bankruptcies. Example of deregulation of private industry by federal agencies.
Americans with
Disabilities Act (1990)
A business with more than 24 employees must make offices accessible to disabled. Requires state governments to accommodate the disabled in public transportation. New offices, hotels, and restaurants must provide wheelchair accessibility. An unfunded mandate.
Brady Act (1993)
Gun control act. Limited types of guns that could be purchased. The provision of this law in which Congress required local law enforcement officers to do background checks on gun buyers was declared unconstitutional in 1997: it interfered with the discretionary powers of the states.
Set deadlines for submission of Congress’s budgets. Created Congressional Budget Office (CBO) to counter the power of the president’s OMB.
Part of Johnson’s “Great Society” to end racial discrimination. It was amended during the House debate to include discrimination based on gender. Good example of Federal government “preempting” state laws and practices.
Environmental policy that set standards of purity for air pollution. Preemption.
Communications
Decency Act (1996)
Made it illegal to place obscene material on the internet where they can be retrieved by minors. The Supreme Court in 1997, in Reno v. ACLU, ruled certain provisions of this act unconstitutional.
Electronic Freedom
of Information Act (1996)
Called on federal agencies to put files online.
Equal Pay Act of
1963
Made it illegal to base an employee’s salary on race, gender, religion, or national origin. Significant to women’s movement and struggle for black civil rights.
Federal Election
Campaign Act (1971)
All candidates for federal office must report sources of income, lobbyists must register with federal government, individual contributions limited to $1000 per candidate each election, PACs legalized and limited to $5000, public funds available for presidential candidates (if accepted, overall spending is limited). Weaknesses: increased PACs and soft money contributions.
Freedom of
Information Act (1966)
Non-classified government documents are open to the public.
Gave president (Johnson) power to send unlimited number of troops for unlimited time. Later limited by War Powers Act. Enormous boost to “imperial presidency.”
Gramm-Rudman Act
(1985)
Mandated that the budget deficit be lowered each year until the budget deficit was balanced in 1991. Across the board cuts in most all government programs except entitlements. Was not successful because Congress failed to spend within limits.
Using the commerce clause, Congress ordered schools free from guns. Declared unconstitutional in Lopez v. US as an unreasonable application of commerce clause. Example of Conservative court unwilling to infringe upon state discretionary power.
Hatch Act (1939)
Severely limited political activities of federal bureaucrats. Revised in 1993 to allow them to do most political activities except for running as candidates in partisan elections.
Higher Education Act (Title IX, 1972)
No institution of higher learning
that receives federal funding may discriminate on the basis of gender.
Schools forced to increase funding of women’s programs, especially
sports programs.
Hughes Ryan
Amendment (1974)
Gave some congressional control over CIA. Part of Congress’s attempt to reign in the “Imperial Presidency.”
Set the foundation for our judicial system; established federal court system. This act permitted mandamus cases to come to the Supreme Court in its original jurisdiction. This part of the act was famously struck down by John Marshall in Marbury v. Madison.
Pendleton Act (1881)
Overhauled federal bureaucracy by replacing the spoils system with the merit system. Began Civil Service Commission to screen applicants.
Religious Freedom Restoration Act (1993)
The court’s attempt to re-establish the compelling interest test to determine extent of free exercise clause. It allowed the practice of religion unless the state had a compelling interest to restrict it. The RFRA was struck down as unconstitutional by the Supreme Court in 1997.
Unfunded Mandates
Reform Act (1995)
Placed limits on Congress in an attempt to reduce the number of unfunded mandates imposed upon states by federal government. Federal government must consider costs to states. Unfunded mandates decreased but did not end.
Voting Rights Act of
1966
Removed any restrictions that prevented blacks from voting or that diluted their voting power. Gave the Federal government unprecedented power to oversee the voting process, a power traditionally belonging to the states.
Voting Rights Act of
1982
Required states to create majority-minority congressional districts (some of which were declared unconstitutional and modified by Shaw and Miller cases.) Number of minorities in House of Representatives when up.
War Powers
Resolution (1973)
Placed limits on President's ability to send troops. (Passed against Nixon's veto)