AP Gov. unit 1

Natural rights

Life, liberty, property (Locke)!

Popular sovereignty

Governments authority comes from the people

Republicanism

Citizens elect representatives to make policy decisions

Social Contract

People agree to give up some freedom in exchange for government protection

Limited government

The government only has powers granted by the constitution, checks and balances prevent abuse

Federalism

Division of power between national and state governments

Declaration of Independence (1776)

• written by Thomas Jefferson

• Key ideas: natural rights, social contract, right to revolt if government abuses power

• Grievances against King George III show early distrust of strong central authority

Articles of Confederation Weaknesses

No power to tax, no executive branch, no national court, one vote per state regardless of size, 9/13 to pass laws, 13/13 to amend, weak military power

Shay’s Rebellion (1786)

Highlighted the weakness of the articles- no ability to raise a militia- helped push for the constitutional convention

The Constitutional Convention (1787)

• Virginia plan

• New Jersey plan

• Great compromise

• 3/5 compromise

• Slave trade allowed until 1808

Virginia plan

Representation based on population- favored large states

New Jersey plan

Equal representation for each state- favored small states

Great Compromise

Bicameral legislature- House of Representatives and Senate

3/5 Compromise

3 out of 5 enslaved people counted for population and taxation

Federalists

(Hamilton, Madison, jay): strong central government, supported the constitution

Anti Federalists

Brutus, Jefferson: feared tyranny, demanded bill of rights

Fed 10 (Madison)

Large republic controls factions, factions are dangerous

Fed 51 (Madison)

Separation of powers + checks and balances prevent tyranny

Fed 70 (Hamilton)

Need for a single, strong executive

Fed 78 (Hamilton)

Independent judiciary, judicial review

Brutus 1

Small republic better protects liberties, feared federal power (especially necessary and proper clause and supremacy clause)

Commerce clause

Congress regulates interstate and foreign trade

Necessary and proper clause

Congress can pass laws that are not stated in the constitution that would help carry out its powers

Supremacy clause

Federal law is supreme over state law

Full faith and credit clause

States must respect each others laws/records

Privileges and immunities clause

States can’t discriminate against citizens of other states

Habeas corpus

Can’t be jailed without being charged

Ex post facto laws

No punishment for something that wasn’t illegal when done

Bill of attainder

No punishment without trial

Due process clauses

The government can’t take away natural rights without fair legal procedures

Equal protection clauses

Laws must apply equally

Taking clause (eminent domain)

Government can take property with just compensation

Dual federalism

Layer cake, state and federal powers clearly separated

Cooperative federalism

Marble cake, shared powers, often with federal government leading (new deal onward)

fiscal federalism

Federal government uses money (grants) to influence state policy

• mandates: states must follow federal rules

Devolution

Returning power to the states (Reagan era, 1990s)

McCulloch v. Maryland (1819)

Established national supremacy and implied powers (bank constitutional under necessary and proper clause)

U.S. v. Lopez (1995)

Limited Commerce clause, struck down gun-free school zones act, congress had overreached