AP US Government unit 1 review

How is power distributed in unitary, federal, and confederate governments?

Unitary = Sovereignty and all major powers lie with the central government

Federal = Powers are split between a central government and a local governments, but sovereignty lies with the central government

Confederacy = Sovereignty and all major powers lie with the local governments rather than the central government

Which type of government structure would be threatened by debate over public policy?

Dictatorships/Autocracies

What are the five basic American concepts of democracy?

1.) Belief in the fundamental worth of the individual

2.) Equality under the law

3.) Majority Rule while protecting minority rights

4.) Maximize individual freedoms

5.) Recognize that compromise is a necessity

How has the Supreme Court's traditional interpretation of the commerce clause impacted federal power?

The SCOTUS has generally ruled in favor of the federal government when the feds claim powers from the commerce clause. This frequent use of the commerce clause to justify implied powers has greatly expanded federal power.

What are the basic principles of the social contract theory?

The state was created voluntarily by free people, Governmental power is granted by the people, The people may limit the government's power, The contract is null and void if the government violates the rights of the people

What four characteristics must a unit of government have to be considered a state?

A population

Living in a defined territory

Organized politically (a government)

With sovereignty

Who is known as the "father of the constitution"?

James Madison

What were the anti-federalist's main arguments against the Constitution?

The constitution unfairly benefited the wealthy; there was no Bill of Rights; The convention was organized illegally - therefor the Constitution and its ratification process was illegal; the states would lose their sovereignty; the powers given to the national government were so strong that they would lead to despotism.

What were the main flaws within the Articles of Confederation? What powers did the national congress have under the Articles of Confederation?

The Congress could not tax, regulate trade, there was no executive branch to enforce the law, and an amendment required all 13 states to approve. The Articles Congress could: conduct foreign policy, borrow money, coin money, set weights and measures, and raise an army of volunteers from state militias.

What constitutional crisis was revealed as a result of Shay's Rebellion?

The crisis revealed the need for a national executive to enforce law in times when the states (in the case Massachusetts) could not

What is the difference between expressed, implied, delegated, and reserved powers? What are some examples of each?

Expressed powers are clearly enumerated in the constitution (power to tax, regulate trade, declare war, coin money).

Implied powers are not clearly written, but are derived from expressed powers and the necessary and proper clause (establish a national bank).

Reserved powers are powers not given to the national government which are thereby reserved to the states via the 10th Amendment (Education, Marriage and Drivers license)

Why were the federalist papers originally written?

To win support for the Constitution in New York

How is the American belief in popular sovereignty expressed in the U.S. Constitution?

It is made clear in the preamble: "We the people..."

What are the major differences between the following theories on the origins of the state: divine right theory, social contract theory, force theory, and evolutionary theory.

Divine Right = The government and rulers exist because God created and empowered them

Social Contract Theory = The government and its rulers exist because the people created and empowered them

Force Theory = The government and its rulers exist because the rulers are the strongest and most powerful, so they took power by force

Evolutionary Theory = The government exists because it evolved out of a family unit, eventually the extended society (tribe) developed agriculture which then led to the evolution of the modern state.

What are some common examples of the checks and balances found in the U.S. Constitution?

Presidential veto, Congressional override of a veto, impeachment proceedings, President nominates and the Senate confirms SCOTUS Justices...

How are the theories of Dual Federalism and Cooperative Federalism different?

Dual Federalism = the states and the national government compete for power and work to defend the powers that are clearly divided and given to each. The relationship between the two units of government is usually adversarial.

Cooperative Federalism = the states and national governments split most power, but share others, and cooperatively govern the society.

What is the Supremacy Clause and how does it affect federalism in the United States?

Article VI, Clause 2 declares the Constitution and U.S. Treaties to be the supreme law of the land. It also requires judges to enforce federal law over state laws when the two conflict. This shifts the balance of federalism in favor of the national government.

What is the "Necessary and Proper Clause" and how does it affect federalism in the United States?

The necessary and proper clause grants the federal government any power it needs in order to execute its expressed powers. The elastic clause is the legal basis for implied powers. Implied powers expand the federal government's power, shifting the balance of federalism in favor of the national government.

American conservatives are more likely to use government for

conflicts with personal freedoms, regulating social/moral issues rather than the economy

In terms of the modern political spectrum, liberals are those who generally advocate for

more government involvement and guidance within society

When interpreting the U.S. Constitution, what is the difference between strict and loose constructionism?

Strict constructionists believe that the document should be interpreted as literally as possible. The government should have only those powers clearly enumerated in the Constitution and few others. Loose constructionists believe in a wider use of the elastic clause and generally believe that the government is entitled to many other powers that are implied and not necessarily clearly listed.

What are the major arguments outlined in Madison's Federalist #10? How does Madison define "faction"? According to Madison, what are the most enduring sources of faction?

We cannot eliminate factions' so we must deal with their effects. Factions can be made up of minority groups or majorities. Minority factions are controlled by the democratic principle (majority rule). Majority factions can be controlled by using a representative government, and dividing the government's power via the federal system. Also, it helps that out republic is so diverse because there will be too many competing factions to allow one to take control. According to Madison, the most common source of factions is the unequal distribution of wealth in a society.

What controls on government did Madison promote in his Federalist #51?

Madison argued that we must create ambition to counteract ambition. He suggested the following controls: giving judges life terms, splitting the legislative branch into two houses, electing the two houses by different methods, and giving the executive a veto.

What was the thesis of Hamilton's Federalist #78?

The legislative branch is the weakest of the three branches because it has neither the power of the purse or the sword, and cannot write law nor enforce its ruling.

What were the basics of the Virginia Plan, the New Jersey Plan, and the Connecticut Compromise?

VA Plan = Madison's plan; a bicameral legislature where both houses are apportioned (given representatives) based on the size of the state.

NJ Plan = Small states plan; a unicameral legislature where each state received one vote (like the Article of Confederation congress)

CT Compromise = A bicameral legislature, where one house is apportioned by state populations and the other house is apportioned equally. This is what we have now! The House of Representatives are divided up according to state populations, in the Senate each state has two Senators/votes.

What are the differences between the Pluralist and the Elite Theories of Democracy?

Pluralist theory argues that there are many competing factions and they will all win some and lose some policy battles in government. Elite theory argues that there are many factions that compete within government, but ultimately the elite (wealthy/aristocracy) factions will always win the battles that matter. These "battles" are generally fought by deciding which laws to pass and how to enforce laws that are on the books.

What are grants-in-aid? How do they affect federalism in the United States? What is the difference between categorical grants, block grants, and revenue sharing?

Grants-in-aid are sums of money paid to the states by the federal government. The money helps the national government influence policy making in the states concerning issues that the national government would otherwise have no control over because the grants usually deal with powers reserved to the states (i.e. education). Categorical grants are sums of money that must be spent on specific programs; this money usually comes with narrowly tailored (specific) rules that must be followed. Block grants are sums of money that the states may spend to address certain policy areas however they see fit; there are fewer rules and the states have more freedom in deciding how to spend the money. Revenue sharing is the federal government giving "extra" tax dollars back to the states with no limits on how the states may spend that money.

What are mandates? How do they affect federalism in the United States?

Mandates are rules that tell the states what they must do in order to comply with federal law. Failure to comply generally results in a loss of federal funding tied to the mandate. ( South Dakota v. Dole = U.S. Supreme court say mandates are okay; this was the case concerning the drinking age and federal highway funds). Mandates allow the federal government to influence policy in the states concerning things that the federal government would otherwise have no control over. This tips the balance of federalism in the favor of the national government.