AP Gov Unit 1: Foundations of American Democracy

Who were the Enlightenment Philosophers?

Hobbes, Locke, Rosseau, and Montesquieu

What is the foundation of government according to the Declaration of Independence?

one where people are the source of power

Popular Soverignty

government derive their power from the people, government is based on the consent of its people

Social Contract

People give up some of their freedom to have the government protect their natural rights (life, liberty, and property) ad if the government isn’t doing that they have the right to abolish it

What type of government is laid out in the constitution?

Representative Democracy

Participatory Democracy

citizens vote directly for laws that affect them

Examples of Participatory Democracy:

Town hall meetings and referendums

Pluralist Democracy

people create non-governmental groups to influence political decisions (laid out in Fed 10)

Example of Pluralist Democracy:

The electoral college system; states act as the interest groups where people vote within their interest groups and then has a majority of all states to limit overpowering

Elite Democracy

elected representatives make decisions for the good of the people who elected them

Example of Elite Democracy:

Congress & Central Government

Group that wanted a strong central government

Federalists

Group that wanted to have independent states and then a very weak central government

Anti-Federalists

Referendum

a general vote by the electorate on a single political question that has been referred to them for a direct decision.

What did Hobbes believe?

• state of nature

• solution: give up some rights to be able to live in peace

• the president holds society together but still abides by the social contract

What did Locke believe?

• natural law - people are born free and equal and have to consent to be governed

• natural law obligates overthrowing a king’s rule when it doesn’t respect the consent of the governed

What did Rousseau believe?

• social contract - we abandon certain natural rights in exchange for protection & freedom for the common good

• popular sovreignty

What did Montesquieu believe?

• limited government and political liberty for citizens

• separation of powers between the three branches

Federalists support… (think Fed No. 10)

• strong national government

• diversity of a big population will protect the rights of all citizens and each state from the whole

• constitution would limit the influence of factions

Anti-Federalist believe… (think Brutus No.1)

• a single executive would model a king & limit the rights of states and individuals

• anything “proper”, federal tax, control of an army, etc, made them worry

• wanted to have a voice in government to check the power of the elite

Problems with the Articles of Confederation

• 9 states must agree to enact national law

• all states must agree to amend the system of government

• congress had no power to tax

• national government couldn’t raise or maintain an army

• no national court system or currency

• congress could encourage but couldn’t regulate commerce among states (created competition between states)

Shay’s Rebellion

• Daniel Shays & other poor farmers lost their farms to mortgage foreclosures

• Shays led a group to the federal arsenal to demand that their financial pressures would be eased

• local authorities struggled to form a militia and shut Shays down

• shows how weak the articles of confederation were and eventually led to the creation of the Constitution

Themes in Brutus No. 1

• won’t get power back once given away

• they will use the necessary and proper clause to take unlimited power

• congress will be able to pass any law

• states rights will be taken

• taxing is bad

• standing armies are dangerous

• (all a warning)

What was the Virginia plan?

3 branches of government, bicameral legislature, federal supremacy, and separate powers

What was the New Jersey plan?

State sovereignty and a limited national government

Great Compromise (Connecticut Compromise)

House representatives are calculated by population of the states and 2 senators for every state (between big and small states)

3/5 Compromise

• when counting populations, slaves counted for 3/5 of one person as a compromise between northern and southern states (south had more slaves)

• couldn’t stop slaves imports until 20 years post ratification of the constitution

Electoral College

states decide how their electors are chosen & they have the same number of electors as seats in congress (dc has 3) 538

Commerce Compromise

Government can impose tariffs on imports not exports

Articles of the Constitution

I : setup and operation of the legislative branch
II : executive’s role & requirements to assume office
III : the judiciary - supreme and inferior courts
IV : relations among the states
V : process for amendments
VI : national supremacy
VII : ratification process

Amendment Process - 2 Stages

• proposal passed from 2/3 of house and senate or 2/3 vote at national convention

• vote of 3/4 of all state legislatures or 3/4 of state ratifying conventions

What is the Bill of Rights

first 10 amendments of the constitution that were included to get the anti-federalists to ratify the constitution

Bill of Rights

I freedom of religion, speech, press, assembly, and petition

II right to bear arms (guns)
III no quartering of troops
IV no unreasonable searches or seizures
V no indictment or double jeopardy, protection of self-incrimination and due process (miranda rights)
VI speedy and public trial, rights in criminal trials
VII lawsuits and juries
VIII no cruel or unusual punishments, no excessive fine or bail
IX rights will be protected whether they are listed or not
X delegated and reserved powers (state powers)

Bill

must pass both bodies with a simple majority

Veto

• president can reject any law

• if he signs or does nothing for 10 days it becomes law

Pocket Veto

refusal to sign a bill into law in the last 10 days of a congress so it never passes

Two-Thirds Override

super majority vote in each house to override a veto and pass a bill into law

Advice and Consent Power

senate can suggest appointees ad must formally approve most presidential appointments

Impeachment

• house can impeach president, judge, or another official

• senate holds a trial and requires a 2/3 vote to remove

Legislative Branch

• 435 house reps, 100 senators

• citizens can contact lawmakers to influence them and stay up to date with political media

Executive Branch

• president, cabinet, bureaucracy

• citizens can file complaints and report federal crimes

Judicial Branch

• trial courts, appeal courts, and the supreme court

• judicial review to check other branches + states

• citizens use the courts to challenge unfair laws

Separation of Powers

• legislature makes law

• executive enforces law

• judicial interprets law

• all branches can establish law/policy

Commerce Clause

a provision in the Constitution that grants Congress the power to regulate commerce among the states (interstate commerce), with foreign nations, and with Native American tribes

Supremacy Clause

establishes that federal law, including the Constitution and treaties, is the supreme law of the land. This means that state laws or constitutions that conflict with federal law are invalid

• federalism

Elastic Clause

also known as the "Necessary and Proper Clause," is a clause in the United States Constitution that grants Congress broad authority to enact laws considered "necessary and proper" for carrying out its enumerated powers

Constitutional Provisions

• supremacy clause

• full faith and credit

• privileges and immunities

• extradiction

Full Faith & Credit

requires states to recognize and enforce the public acts, records, and judicial proceedings of every other state. This ensures that legal decisions are respected across state lines.

Privileges and Immunities

citizens from one state can go to another state and be treated the same as the residents of that state. Entitles citizens to the same legal rights and protections.

Extradiction

fugitive slave law: deliver captured fugitives back to the state where the crime was committed (fleeing)

Constitutional Provisions that Guide Federalism

• Article I, Sections 8, 9, & 10

• Article IV

• Article VI

• 9th amendment

• 10th amendment

Article I, Section 8

• enumerated powers of congress including the elastic clause

Article I, Section 9

• powers denied to congress: no slave trade regulation pre 1803 & uniform treatment of the states

Article I, Section 10

• powers denied to the states, including the prohibition of treaties, coining money, and engaging in war

Article IV

• full faith and credit, privileges and immunities, extradiction

Article VI

• establishes national supremacy

9th amendment

• rights not listed in bill of rights exist and there are other protections not explicitly listed

10th amendment

• powers not explicitly given to the federal government are reserved for the states

Federalism

a system of government where power is shared between a central authority and regional or state governmentsthat allows for multiple levels of government to operate concurrently

What kind of mandates are occasionally banned?

unfunded ones

Some powers of the federal government:

• declare war

• regulate interstate commerce

• define immigration and naturalization

Some powers of the state governments:

• operate schools

• regulate health, safety, and morals

• incorporate cities and companies

Exclusive powers

powers for only the federal or only the state governments

Concurrent powers

powers that the federal and state governments share

Delegated powers

powers for only the federal government

Reserved powers

powers for only the state government

Denied powers

powers that are prohibited to both state and federal governments

Examples of delegated powers:

• declare war

• maintain an army

• tax imports

• conduct foreign policy

• negotiate treaties

• settle conflicts between states

• regulate interstate commerce

Examples of reserved powers:

• conduct elections

• regulate intrastate (within) trade

• govern marriage laws

• established education requirements

Examples of concurrent powers:

• collect taxes

• punish lawbreakers

• establish and maintain courts

• set public health standards

• borrow money

• grant pardons

• make laws

• establish education requirement

Examples of denied powers:

• pass ex post facto laws

• grant titles of nobility

• permit slavery

• jail people without a trial

• tax exports

• violate the bill of rights

Devolution

Reagan’s philosophy in the 80’s to return power back to the states

Federal Grant Program

also known as revenue sharing or fiscal federalism

Federal Grant

a financial award given by the United States government to state, local, or municipal governments, or to organizations, to fund a specific project or program

Why does congress distribute federal tax revenues to states?

to address national concerns

Grants-in-aid programs

congress directs federal finds to states that qualify for aid under certain criteria

Categorical Grants

grants with particular guidelines/requirements + strings - conditions of aid that state and local governments must follow to receive funding

Block Grants

money given to states for broadly defined reasons - large sums with no strings attached conditioned only on the state's adherence to general guidelinesthat allow states flexibility in how to spend the funds

Mandates

states receive federal funding in exchange for following a federal directive - include strings that may require specific policies or actions to be implemented at the state level

Enumerated powers

powers explicitly given to congress in the constitution

What gives congress implied powers?

necessary and proper clause

Implied Powers

powers congress has because they are necessary to carry out powers that are explicitly listed (enumerated)

Coercive Federalism

federal efforts to bend subnational governments to its will through financial withholdings and regulatory initiatives

Dual Federalism

splits powers between the supreme national government and the lower states

What kind of power does the commerce clause give congress?

They can pass almost any legislation if they can relate it to interstate commerce

Earmark/Pork

federal funding that benefits a particular state or specific area or local projects or programs, often included in legislation to benefit individual constituencies

Police Powers

vauge state powers not specifically enumerated in the Constitution, which allow states to enact laws to promote public health, safety, and welfare - gives them lots of power

Cooperative Federalism

stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government

Marble Cake Federalism

a term coined to imagine federalism as a marble cake where all levels of government are involved in a variety of issues and programs, rather than a layer cake or dual federalism, with fixed divisions between layers of government

Competitive Federalism

a form of federalism where state and local governments compete to attract businesses and residents, often leading to innovative policies that can drive economic growth and improve public services

Permissive Federalism

although federalism provides a sharing of power and authority between the national and state government, the state’s share rests upon the permission and permissiveness of the national government

New Federalism

favored by Nixon, Reagan, and Bush, emphasizes the position that many of the fiscal resources and responsibilities of the federal government should be returned to the states in the form of large block grants and revenue sharing