AP Gov Exa

Federalism

Federalism

the division and sharing of power between the national and state governments

Supremacy Clause

Establishes that federal laws (US Constitution) take precedence over state laws

Necessary and Proper Clause

Gives Congress the power to use whatever means to carry out their Constitutional duties.

Commerce Clause

Power of congress to regulate commerce among states and foreign nations.

Social Contract

Idea that the government is put in place to protect the people and that if they fail the people can revolt and replace them. (Contract = people give up some liberties so the government can protect other liberties. Contract is broken when the government fails to protect the liberties.)

Popular Sovereignty

The idea that the people run the government; the government is for the people.

Republicanism

Form of Government in which power is held by people. We can see this through the people's right to elect a president.

Limited Government

Government is not all-powerful

Differences between participatory, pluralist, and elite democracy

Participatory - democracy in which people can participate in the decision making, for example voting in elections

Pluralist - many different groups with different opinions have to coexist and work together

Elite democracy - democracy is run by only the wealthiest and most high class people.

Fed 10

The main argument in Fed 10 is that a large republic would be good for democracy because there would be more voices to be heard rather than a group of people that agrees on everything therefore avoiding a single faction gaining control. Madison states that a federal system is the best way to avoid factions, preserving the liberty and rights of the american citizens

What founding ideal does the Declaration of Independence exemplify?

Social contract, the Declaration of Independence is telling Britain why the US is "breaking up" with them; they want their independence because Britain didn't fulfill the social contract

What are the main differences between the Articles of Confederation and the Declaration of Independence?

The Articles of Confederation hardly gave the government any power, since the writers of the document (Framers? I forget) were afraid of the government becoming too powerful. Specifically, the Articles did not give the government a way to tax people. The Constitution fixed these issues by giving the government more powers, including the power to tax. So, the Constitution made the government more powerful.

What are the main differences between Anti-Feds and Feds?

The Anti-Federalists were in favor of a weak central government with more power to the states. The Federalists were the opposite.

Why did the Anti Feds want a Bill of Rights?

To protect states' and citizens' rights and prevent the government from becoming too powerful.

Brutus 1

Response to the federalist papers, against what the Constitution says. Thinks the Constitution will lead to concentration of power therefore threatening individual liberty. Also says that there's a lack of checks and balances and the central government has too much power. Argues for a bill of rights.

What was the Great Compromise? How does it reflect a commitment to republicanism or popular sovereignty?

The Great Compromise dealt with representation in the legislative branch. Big states like Virginia and New York wanted representation based on population. Small states like New Jersey(?) and Connecticut wanted equal representation fearing they would be underrepresented. So, a compromise was made to have one house (House of Reps) based on population and another house (Senate) to be equally represented.

What was the 3/5ths Compromise and what is a lasting consequence of it?

Slaves started to vote but each of their individual's votes would be counted as ⅗. A lasting consequence of this is that because there were more slaves in the South, the South gained more representation being one of the main reasons for the Civil War.

McCulloch v. Maryland

The Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank. The importance of this case is that it established the expansion of Congress' powers which went beyond those enumerated and the inferiority of state laws over federal laws

How does the US Constitution demonstrate the founding ideal of limited government?

By being divided into three branches and those being divided in more individually. This doesn't allow one person or one group of people to run the entire government. There are also ways to check one another to make sure that no one has too much power

What is the difference between separation of powers and checks and balances?

Separation of powers is how the government's powers are divided into the three branches and checks and balances are how the branches of the government can check one another

What are concurrent powers?

They are the powers that are shared between the state government and the federal government

US v Lopez

Lopez was arrested for bringing a gun to his high school. The Court ruled that Congress couldn't use the Commerce Clause to make possession of a gun on school grounds a crime. It's important because the federal government had exceeded its power under the commerce clause

What is bicameralism? How does it impact the policymaking process?

Having the legislative split in two parts.

Makes the policy making hard but weeds out any things that could be bad. It becomes a long process too.

Gerrymandering

Manipulation of redistricting to serve interests of a particular group. (Usually political parties)

This can change the voting results to favor a political party, Gerrymandering is ILLEGAL.

Baker v Carr//Shaw v Reno

Baker vs Carr established the right of federal courts to review redistricting issues, Shaw vs. Reno made it so that using racial reasons for redistricting is unconstitutional

How does a bill become a law?

Starts as an idea, introduced to house and assigned to a committee, voted on, if yes the speaker decides when to report on it and the house rules committee decides rules then debate/amend, then it goes to the Senate for same process, then president signs it

Explain some differences between the House and the Senate and how these differences impact their behavior.

The House has 435 members, the Senate has 100. 60 votes are needed to end the filibuster in the Senate, Senate can do ⅔ vote to override veto.

What are trustee, delegate, and politico styles of voting?

Trustee - A gov't official uses their own reasoning over the wishes of the constituents (they were voted to use THEIR brains)

Delegate - A gov't official does whatever the constituents want, even against their own judgment (they were voted in to represent the PEOPLE'S wishes)

Politico - a mix of both trustee and delegate governing

How does the legislative branch hold other branches accountable?

Power of the purse - Legislature's ability to control where gov't money is spent.

Veto override - ⅔ vote to undo a presidential veto and pass a law.

What are some powers reserved to Congress? (Enumerated in article 1)

Regulates congress

Place and collect taxes

Declare war

Coin money

Presidential informal powers

Chief economist

Signing statements

Executive agreements

Presidential formal powers

-veto

-commander and chief

-making treaties (with senate ratification)

Partisanship

Showing a bias towards a certain group

Divided government

One party controls the Executive branch while the other controls all or some of the Legislative branch.

What is the difference between mandatory and discretionary spending?

Mandatory money is money that has to be spent by the government in accordance with the law and discretionary spending means there is a choice on how to spend the money (still approved by congress).

How can the president implement a policy agenda?

He can influence congress to implement a policy agenda because if they don't then the executive wont enforce the other laws very effectively. The idea of I scratch your back i'll scratch yours.

What can the president do if Congress won't cooperate with her agenda?

Exercise the veto

How have presidential interpretations of power changed over time?

More informal powers (executive agreements, signing statements, executive orders, etc.). In general the president carries more power now

Who can declare war?

Technically congress can only declare war. But the president has power to direct the military if congress declares war.

What are the president's powers according to the War Powers Resolution?

The president has to notify Congress within 48 hours of sending out troops to fight

What is bureaucratic rule making/delegated discretionary authority?

The bureaucracy is given delegated discretionary authority, they implement laws congress writes by making and enforcing their own rules

Give an example of delegated discretionary authority.

Department of education could use money to implement what they need, like allocating resources

How can congress hold the bureaucracy accountable?

Rewriting the legislation that the Bureaucracy has to follow

How can the president hold the bureaucracy accountable?

The president can hire or fire anyone from the bureaucracy which holds them accountable

Cabinet

People who advise the president, help him make decisions

Fed 70

The main argument in Fed 70 is that the American people need an energetic and forceful president. And that the executive branch should be characterized by its unity, sufficient powers and certain degree of secrecy

How can the other branches check the executive branch?

Judicial→judicial review

Legislative→ override a veto (with a ⅔ vote) , power of the purse, impeachment, approve presidential nominations

What are the constitutional requirements to become president?

35 or older, natural born citizen, have lived in the US for at least 14 years

What are the constitutional requirements to become a justice?

There are none, be appointed by the president

Fed 78

Judges are there for life, Judicial branch gets cases brought to them, Constitution is the highest power

Marbury v Madison

It created judicial review, which is how the Judicial branch can check both the legislative and executive branches. It gives them the power to rule something unconstitutional

Why might people lose confidence in the Supreme court?

If people view the court as politiciezed and think that the justices are making decisions based on their political party instead of remaining impartial and making decissions based on the constitution.

How do justices decide on cases?

Using precedent, if there are no past cases like the one they are ruling on then they look to the constitution.

How do cases get to the Supreme Court?

They start in the state courts (trial, appellate, and supreme) or the federal courts (district, court of appeals) and then move to the supreme court if needed.

How does the Legislative branch check the Supreme Court?

Approval of justices, impeach federal justices, amendments

How does the Executive branch check the Supreme Court?

Appointments, enforcing rulings

What can citizens do if they don't like the outcome of a Supreme Court decision?

Go back to the House of Appeals

Why are life terms a check of the Judicial branch on the other branches?

They can't be swung by certain parties

How does the Bureaucracy infringe on separation of powers?

Because they have the power to both make and enforce laws

Fed 51

Separation of power/checks and balances

Wisconsin v Yoder

One's freedom of religion, which is a part of the First Amendment, is more highly esteemed than state's interest in education

New York Times v US

New York times won, their freedom of the press was protected which put a check on the president

Tinker v Des Moines

Wearing black armbands for protest was allowed in school, protected by freedom of speech

Engel v Vitale

Required prayer by students everyday went against the establishment clause, so it was taken away

Schenck v. United States

A person's freedom of speech is limited when there is clear and present danger

When can the government limit expression? Give examples.

The government can limit expression when there is a clear and present danger.

Establishment Clause

Located in the first amendment the Establishment Clause prohibits the government from establishing or favoring any particular religion

Free Exercise Clause

Located in the first amendment, the Free Exercise Clause protects individuals' right to freely exercise their religion without government interference as long as they do not infringe upon the rights of others or violate laws.

Symbolic Speech

Symbolic Speech is a nonverbal, non written form of communication. Ex. flag burning(Texas v Johnson)

What is the supreme court always trying to balance in defining civil liberties?

The liberties of an individual vs. the collection of the population as a whole