AP Government Module 1

Federalism

A way of organizing a nation so that two or more levels or government share formal authority over the same area and people.

Unitary Governments

A central government that holds supreme power in a nation. Most national governments today are unitary governments.

Intergovernmental relations

The entire set of interactions among national state and local governments - including regulations, transfers of funds, and the sharing of information - that constitute the workings of the federal system.

Supremacy clause

The clause in Article 6 of the Constitution that makes the Constitution, national laws, and treaties

9th Amendment

The constitutional amendment stating,”The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

McCulloch vs Maryland

An 1819 Supreme Court decision that established the supremacy of the national government over state governments. The Court, led by Chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution.

Enumerated powers

Powers of the federal government that are listed explicitly in the Constitution. For example, Article 1, Section 8, specifically gives Congress the power to coin money and regulate its value and impose taxes.

Implied powers

Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article 1.

Elastic clause

The final paragraph of Article 1, Section 8, of the Constitution, which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers.

Gibbons vs Ogden

A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article 1, Section 8, of the Constitution and defined the power of Congress to regulate interstate commerce as encompassing virtually every form of commercial activity.

Full faith and Credit

A clause in Article 6 of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.

Extradition

A legal process whereby a state surrenders a person charged with a crime to the state in which the crime was alleged to have been committed.

Privileges and immunities

The provision of the Constitution according citizens of each state the privileges of citizens of any state which they happen to be.

Dual Federalism

A system of government in which the states and the national government each remain supreme within their own spheres, each with different powers and political responsibilities.

Cooperative Federalism

A system of government in which the states and the national government share powers and policy assignments.

Devolution

Transferring responsibility for policies from the federal government to state and local governments.

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.

Categorical grants

Federal grants that can be used only for specific purposes or categories of state and local spending. They come with strings attached.

Formula grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

Project grants

Declaration of Independence

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

Constitution

A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Constitutions can be either written or unwritten.

Natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke’s theories about government and was widely accepted among America’s Fathers.

Consent of the Governed

The idea that the government derives its authority from the people.

Limited government

The idea that certain restrictions should be placed on governments to protect the natural rights of citizens.

Articles of Confederation

The

Shays’ Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure proceedings.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government, the tasks the institutions perform, and the relationships among them. It replaced the Articles of Confederation

Factions

Groups such as interest groups that, according to James Madison, arise from the unequal distribution of property

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the size of the state’s population.

Virginia Plan

The proposal at the Constitutional

Connecticut Compromise

The compromise reached at the Constitutional Convention that establishes two houses of Congress: the House of Representatives, in which representation is based on a state’s population, and the Senate, in which each state has two representations.

Writ of habeas corpus

A court order requiring authorities to explain to a judge what lawful reason they have for holding a prisoner in custody.

Separation of powers

A feature of the Constitution that requires the three branches of government - executive, legislative, judicial- to be relatively independent of each other so that one cannot control the others. Power is shared among these three institutions.

Checks and Balances

Features of the Constitution that require each branch of the federal government to obtain the consent of the others for its actions; they limit the power of each branch.

Republic

A form of government in which the people select representatives to govern them and make laws.

Federalists

Supporters of the U.S. Constitution at the time when the states were contemplating its adoption.

Anti-federalists

Opponents of the U.S. Constitution as the time when the states were contemplating its adoption.

Federalist Papers

The Federalist Papers are a set of 85 essays that advocate ratification of the Constitution and provide insightful commentary on the nature of the new system of government.

Bill of Rights

The first 10 Amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of speech, religion, press, and they guarantee defendant’s rights.

Equal Rights Amendment

A constitutional amendment passed by Congress in 1972 that “equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.” The amendment failed to acquire the necessary support from thee-fourths of the state legislatures.

Identify the major grievances of the colonists under British rule.

They accused King George III of having the Indians attack them. They were also upset because Britain established numerous taxes and began tightening enforcement of the trade regulations.

Describe who was John Locke and explain how natural law relates to natural rights.

John Locke was a philosopher who majorly influenced the Founders. John Locke believed that natural law provided natural rights.

Identify 2 things the government must be built on to protect natural rights.

Consent of the governed, limited government

Explain two limits of government

Government had to have permanent laws in place to let the citizens know whether or not their actions will be accepted. This is to ensure that the government cannot change its laws at the spur of a moment to give someone an advantage or disadvantage.

The government cannot take someone’s property without his consent. This is very important because before this limit, people could have their land, their farm, and their house confiscated be the government. If a farmer had his land taken, how was he to survive?

According to Locke, describe what people can do if the government violates natural rights.

People have a right to rebel against the government if their natural rights are violated.

Compare some ways in which John Locke influenced Thomas Jefferson

In the Declaration of Independence, Thomas Jefferson wrote that the people were given absolute rights and that the government purpose is to protect their rights. He also wrote that if the government failed at its purpose, the people could form a new government. These statements are the same as the ideas John Locke presented.

Identify reasons why the Articles of Confederation failed

Some reasons are that state delegates were not always present, Congress had few powers besides maintaining an army and navy, the government had no power to enforce taxes, and Congress lacked power to regulate commerce.

Explain what led to Shay’s Rebellion

A post war depression caused many farmers to be unable to pay their debts. This led to their farmers being taken away. Creditors were also forcing debtors; thus causing more farmers to lose their land.

Describe the general philosophical views of the founding fathers on the following issues: Human nature, Political conflict, Objectives of government, Nature of Government

The founding fathers disagreed with Hobbes and were against a powerful monarch. They agreed that government should be limited.

They believed that the distributions of wealth is the source of political conflict. The fathers thought that if one of the factions went consistently unchecked, it would tyrannize the other faction(s). The fathers said that governments run by factions are prone to violence, tyranny, and instability.

The government’s purpose is to preserve the individual rights to acquire and hold wealth.

No faction should have enough power to be able to overwhelm other factions. The government should always be a “balanced government”.

Describe the three major equality issues at the Constitutional Convention.

Representation of States - It is about whether of not states should be represented equally or if they should be represented based on population. States have equal representation in the Senate, but the House has representative based on the state’s population.

Slavery - It is about if slavery should be abolished. After 1808, Congress banned slave importation.

Equality in Voting - It is about if voting should be based on universal manhood suffrage or should it be restricted. The states decide voting qualifications.

Describe why the Founding Fathers believe it was not necessary to address individual rights issues specifically in the Constitution.

There was no dispute about the importance of safeguarding individual rights and liberties, a limited government could not threaten personal freedoms, and most of the delegates believed that the states were already doing a sufficient job of protecting individual rights.

Powers of Congress

I. Lay Taxes, II. Pay Debts, III. Borrow Money, IV. Coin money and regulate its value, V. Regulate interstate and foreign commence, VI. Establish uniform laws of bankruptcy, VII. Punish piracy, VIII.

States Should Not….

I. Coin money or issue paper money, II.

States were to….

Respect

Identify and describe the 6 personal freedoms in the Constitution.

It prohibits suspension of the writ of habeas corpus (except during invasion or rebellion), it prohibits Congress or the states from passing bills of attainder, it prohibits Congress or the states from passing ex post facto laws, it prohibits the imposition of religious qualifications for holding office in the national government, it narrowly outlines and defines strict rules of evidence for conviction of treason, it upholds the right to trial by jury in criminal cases.

Constitutional Republic

A system based on the consent of the governed in which representatives of the public exercise power.

Civil Liberties

Federalists - They expected little violations of individual liberties, Anti-Federalists - They wanted strengthened protections for individual liberties.

Power of the States

Federalists - They believed in a strong nation government and weaker state governments, Anti-Federalists - They believed in a weaker national government and in stronger state governments.

Economy

Federalists - They were large landowners, wealthy merchants, and professionals. Anti-Federalists - They though that the economy would be controlled by the wealthy.

Describe why the Anti-Federalists believed the new Constitution was a class-based document

The Anti-Federalists believed the new Constitution was a class-based document because it allowed for a stronger national government. The elite controlled the government, so a strong national government would have given the elites more power. The anti-federalists were farmers so they did not want to give the elite anymore power.

Judicial Interpretation

This power gives courts the right to be decide whether the actions of the legislative and executive branches of state and national governments are in accord with the Constitute. Example: 1803 case Marbury vs. Madison

Changing political practice

Political parties were introduced and the role of the electoral college was changed. Example: The 1796 election

Technology

Technology developed a mass media, computers allow for more potential for officials to serve the public, and the president’s role as commander in Chief added significance. Example: Computers write over 60 million Social Security checks.

Increased demands for new policies

The chief executive has additional power and the president is positioned in a more prominent role. Example: The war on terrorism.

Identify and describe the five Constitutional amendments that expanded the right to vote.

The 15th Amendment prohibited discrimination on the basis of race in determining voter eligibility.

The 19th Amendment gave women the right to vote.

The 23rd Amendment provided the residents of Washington, D.C. the right to vote in presidential elections.

The 24th Amendment prohibited poll taxes.

The 26th Amendment lowered the voting age to 18.

Explain the importance of having a short U.S. Constitution.

It is easier for the citizens to read and know completely.

What powers are denied to the states by the Constitution?

Economic - tax imports or exports, coin money or issue paper money, impair obligations of contract.

Individual Rights - grant titles of nobility, pass bills of attainer, pass ex post facto laws, permit slavery, abridge citizen's privileges or immunities, deny due process of law, deny equal protection of the law, impose poll taxes, deny the right to vote because of race, gender, or age.

Foreign Affairs - Enter into treaties, declare war, raise or maintain military forces.

\

Identify the 3 items that are considered the supreme law of the land.

The Constitution, Treaties, Laws of the national government (as long as they are consistent with the Constitution)

Explain the challenges to national supremacy for each of the following topics:

Civil War - it was a struggle between states and national government. As a result of the North’s victory, the national government asserted its power over the Southern state’s claim of sovereignty.

Struggle for Racial Equality-The conflict between states and the national government over racial equality was decided in favor of the national government. National standards of racial equality provided.

Tenth Amendment - Although supreme, the national government can operate only within its appropriate sphere. The amendment clearly means that the national government has only the powers that the Constitution explicitly assigns to it. The Court held that a person indicated under a federal statute that the Tenth Amendment grounds that the federal government invaded state powers under the Constitution.

Eleventh Amendment - The eleventh amendment gives the states immunity from certain prosecution: it prohibits federal courts, state courts, or federal administrative agencies from hearing cases in which a private party names a state as a defendant or seeks monetary relief from a state officer in his or her official capacity unless the state gives its consent to the hearing. There are limits to state immunity.

Explain the differences between enumerated powers and implied powers.

Enumerated powers - Powers specifically listed in Article 1 of the Constitution. These include coining money and regulating its value, imposing taxes, etc.

Implied powers - Powers of the federal government that go beyond those mentioned in the Constitution. Examples include McCulloch vs Maryland and Arizona et al vs. United States.

Explain how the commerce clause has been used to increase national power

The Constitution gives Congress the power to regulate interstate and international commerce. Today, commerce covers not only the movements of goods, but also radio signal, electricity, telephone messages, etc. Later, the Commerce Clause allowed Congress to promote economic development and regulate the economy.

Explain how the Commerce clause has been challenged with Supreme Court cases from the 1990s to today.

The Court held in U.S. vs Lopez that the federal GFSZA of 1990 exceeded Congress’s Constitutional authority to regulate commerce.

U.S. vs Morrison ruled that the power to regulate commerce did not give Congress the authority to enact the 1994 Violence Against Women Act.

Printz vs U.S. and Mack vs. U.S. had the Supreme Court void the Brudy Handgun Violence Prevention Act that said the chief law enforcement officer could conduct background checks on prospective gun purchases.

Describe the 3 general obligations that each state has to every other state under the Constitution

Full faith and credit - Article 4 of the Constitution requires that states recognize the public acts, records, and judicial proceedings of all other states.

Extradition - The Constitution says that states are required to return a person charged with a crime in another state to that state for trial and punishment.

Privileges and Immunities - The Constitution says that according citizens of each state must receive the same treatment of any state in which they happen to be.

Explain the difference between Dual Federalism and Cooperative Federalism.

Dual Federalism - The states and national government each remain supreme in their own spheres with different powers ad responsibilities.

Cooperative Federalism - The states and national government share powers and policy assignments.

Explain the three general standard operating procedures of cooperative federalism

Federal guideline: Most federal grants to states and cities come with strings attached.

Shared costs: Cities and states can receive federal money for airport construction, sewage treatment plants, youth programs, and many other programs, but only if they pay part of the bill.

Shared administration: State and local official implement federal policies, but they have administrative powers of their own

Explain the Republican Party’s role in Devolution.

The Republicans captured Congress and their rhetoric focused on devolution. They followed their rhetoric with action by, for example, repealing federal speed limits, allowing states more latitude in dealing with welfare policies, and making it more difficult fore state prisoners to seek relief in federal courts.

Describe the importance of Fiscal Federalism and the Grant System

Fiscal Federalism grants in aid federal funds appropriated by Congress for distribution to state and local governments. This spending transfers the burden of paying for services from those who pay state and local taxes to those who pay national taxes.

The Grant System provides federal aid to state and local governments. This helps many governments financially.

Explain the two types of categorical grants

Project grants - awarded on the basis of competitive applications.

Formula grants - distributed according to formulas.

Explain why a state or local government may or may not want to receive federal aid when it comes to mandates.

Medicaid/Affordable Care Act - causes large demands for the state’s budgets. The states wanted to receive federal aid because they could not afford this act.

No Child Left Behind - threatened school systems with the loss of federal funds if their schools did not improve student progress. The local government complained that there was not a sufficient funding increase because of this new mandate.

American Disabilities Act - States were required to make facilities accessible to individuals with disabilities but they were not given any state funding.

Clean Air Act of 1970 - established national air quality standards but required states to implement them and appropriate funds for that purpose.

Explain the consequences of federalism for diversity in public policies among states.

Diversity of opinion - It is possible for the diversity within the country to be reflected in different public policies among the states.

Policy innovation - The states constitute a national laboratory to develop and test public policies, and they share the results with other states and the national government.

State initiatives vs national policy - States may also take initiatives on what most people view as national policies when the federal government acts contrary to the views of the people within those states.

Providing for public services - States differ in the resources they can or will devote to services like public education. Thus, the quality of education a child receives is heavily influenced by the state.

Describe the 4 advantages of federalism for democracy

The federal system in America decentralizes other policies, Federalism reduces conflict at the national level which makes democracy more effective, there are more opportunities for people to participate in politics, and even if a party loses at the national level, it can be rebuilt in its areas of strength and develop leaders under its banner at the state and local levels.

Describe the 3 disadvantages of federalism for democracy

Sometimes the decentralization of politics can be detrimental to democracy.

Local interest are able to thwart national majority support of certain policies.

Having so many governments makes it difficult to know what which levels are doing.

Explain how industrialization increased the role of the national government

The national government responded with a national banking system, subsides for railroads and airlines, and a host of other policies that dramatically increased its role in the economy.

What year was McCulloch vs. Maryland

1819

What Constitutional texts and amendments were in question in McCulloch vs Maryland

U.S. Constitution, Article 1, Section 8, Clause 18(Necessary and Proper Clause)

U.S. Constitution, Article 6, Clause 2 (Supremacy Clause)

U.S. Constitution, Amendment 10

What are the big issues in McCulloch vs Maryland

Did Congress have the authority under the Constitution to commission a national bank? If so, did the states of Maryland have the authority to tax a branch of the national bank operating within its borders?

Was McCulloch vs Maryland a unanimous vote?

Yes

The majority of McCulloch vs Maryland reached the decision because…

The Necessary and Proper Clause gives Congress the authority to make “all laws which shall be necessary and proper” for exercising the powers that are specifically enumerated, and the establishment of a nation bank is “necessary and proper” to exercising other powers. The justices declared that” the constitution and the laws made in pursuance thereof are supreme; that they control the constitution and laws to the respective states and cannot be controlled by them.” Allowing a state to tax a branch of the national bank created by Congress would allow that state to interfere with the exercise of Congress’s power.

Explain the significance of McCulloch vs Maryland’s ruling

It solidifies the powers of Congress and the supremacy clause. States cannot interfere with the judgement of the Supreme Court, the president’s actions, and the taxation of federal property/organization.

Describe what happened to make McCulloch vs Maryland go all the way to the Supreme Court

James McCulloch refused to pay Maryland’s tax on the national bank, so Maryland sued him. McCulloch lost the case and then appeared to the Maryland Court of Appeals. When he lost again, McCullock appealed to the Supreme Court.

What issues was James McCulloch wanting to resolve?

If Congress passed a law within its authority under the Constitution, a state cannot interfere with this action. The Necessary and Proper Clause permits Congress to make laws as they see fit. A law creating a national bank is necessary for running the country. While the Constitution does not specifically say that Congress has the power to establish a national bank, there is also nothing in the Constitution restricting the powers of Congress to those specifically enumerated. Establishing a national bank is “necessary and proper” in order for Congress to perform its other powers.

Why does Maryland not agree?

Maryland said that the Constitution never stated that Congress may establish a national bank, and that the Constitution says that the powers not delegated to the United States are reserved to the states. Maryland also said the establishment of a national bank interferes with the states’ abilities to control their own supply of money and their own economies. Taxation within a sovereign state’s border, including a federal entities is a state’s exercise of a Constitutional power. M

What year was Marbury vs. Madison

1803

Judicial Review

Declaring something unconstitutional (this includes presidential actions and laws of Congress) Can also declare something constitutional.

What Constitutional texts and amendments were in question in Marbury vs Madision

The Judiciary Act of 1789 - Congress gives power to Supreme Court of the U.S.

Article 3 - lists everything involving Judicial.

What are the big issues in Marbury vs Madison

Does Marbury have a right to his commission, and can he sue the federal government for it? Does the Supreme Court have the authority to order the delivery of the commission?

Describe what happened to make Marbury vs Madison go all the way to the Supreme Court

John Adams about to leave office, replaced Thomas Jefferson, and Adams made a lot of appointments at the last minute. Marbury’s appointment was delayed and he never got it.