@AP U.S. Government: Foundations, Federalism, and Key Compromises, “Federalism and Policy-Making: Key Concepts and Supreme Court Cases

Declaration of Independence

Document asserting the independence of the colonies from Great Britain, adopted in 1776.

Natural Rights

Articulated by Thomas Jefferson, drawing on John Locke, that all men are endowed with unalienable rights: Life, Liberty, and the pursuit of Happiness.

Social Contract

Governments derive their 'just powers from the consent of the governed.' This means the people are the ultimate source of authority.

Popular Sovereignty

The principle that the authority of a state and its government are created and sustained by the consent of its people.

U.S. Constitution

The supreme law of the United States, established in 1787.

Limited Government

Power is restricted by the rule of law and the separation of powers.

Republicanism/Representative Democracy

Citizens elect representatives to make policy decisions.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Checks and Balances

A system that allows each branch to limit the power of the other branches.

Participatory Democracy

Emphasizes broad citizen participation in government and civil society.

Pluralist Democracy

Group-based activism that attempts to impact political decision-making.

Elite Democracy

Decisions are made by a small, educated, wealthy, or powerful group of people.

Federalist View

Advocated for a strong central government and a unified republic.

Anti-Federalist View

Believed in a small, decentralized republic; states should hold more power.

Ideal Government (Federalist)

Strong central government and a unified republic.

Ideal Government (Anti-Federalist)

Small, decentralized republic; states should hold more power.

Federalism

The system of government where power is divided between a national (federal) government and regional (state) governments.

Delegated Powers

Powers specifically granted to the federal government.

Reserved Powers

Powers not granted to the federal government, nor denied to the states.

Concurrent Powers

Powers shared by both the federal and state governments.

Articles of Confederation

Established a very weak central government and a 'firm league of friendship' among the states.

Economic Chaos

States printed their own currency, taxed trade between states, and refused to honor national debt.

Shays' Rebellion

An uprising of farmers in Massachusetts demonstrating the central government's inability to enforce laws.

Power to Tax

Granted to Congress (Article I, Section 8) under the U.S. Constitution.

Power to Regulate Commerce

The Commerce Clause (Article I, Section 8) gave Congress control over interstate and foreign trade.

Creation of Executive and Judicial Branches

To enforce and interpret federal laws.

Supremacy Clause

Established the Constitution and federal laws as the supreme law of the land, overriding state laws when in conflict.

The Great Compromise

Created a bicameral legislature: House of Representatives based on state population; Senate with two representatives from each state.

Three-Fifths Compromise

Agreed to count three-fifths of the enslaved population for both taxation and representation.

Compromise on the Importation of Slaves

Congress was forbidden from outlawing the slave trade for 20 years (until 1808).

Electoral College

Created a body of electors representing each state who formally cast votes for the election of the president and vice president.

Federalist View on Ideal Government

Strong central government and a unified republic.

Anti-Federalist View on Ideal Government

Small, decentralized republic; states should hold more power.

Federalist View on Democracy

Feared 'tyranny of the majority.' Advocated for a Large Republic.

Anti-Federalist View on Democracy

Believed a Small Republic was necessary, where the people knew their representatives.

Federalist View on Necessary Protections

Separation of Powers and a Bill of Rights was unnecessary because the Constitution itself limited power.

Anti-Federalist View on Necessary Protections

Demanded a Bill of Rights to protect individual and state liberties from the new powerful central government.

Key Leaders of Federalists

James Madison, Alexander Hamilton, John Jay (authors of the Federalist Papers).

Key Leaders of Anti-Federalists

Patrick Henry, George Mason, Robert Yates (Brutus).

Weakness of Articles of Confederation

No strong executive branch to enforce laws; no national judiciary to resolve interstate disputes.

Voting in Confederation Congress

Each state had one vote in the Confederation Congress, regardless of population.

Congress's Powers under Articles

Congress could not levy taxes; it had to request money from the states.

Amendment of Articles

Unanimous consent (all 13 states) was required to amend the Articles.

Economic Chaos under Articles

States printed their own currency, taxed trade between states, and refused to honor national debt.

Legislative Branch

Makes the laws (Congress - Article I).

Executive Branch

Enforces the laws (President - Article II).

Judicial Branch

Interprets the laws (Courts - Article III).

Effects of Checks and Balances

Results in gridlock and requires compromise among the branches, especially under a divided government.

President's Check on Congress

Can veto legislation.

Congress's Check on President

Can override a veto (2/3 vote); can impeach and remove the President.

Creates Multiple Access Points

Because authority is shared, individuals, interest groups, and political parties can lobby or seek legal recourse at either the state or federal level.

Impact of Multiple Access Points

A group that fails to achieve a policy goal at the national level can shift its focus to the state or local level, and vice versa, encouraging broad participation and diverse policy solutions.

Policy Innovation (States as 'Laboratories of Democracy')

States can test and implement innovative policies before they are adopted nationally.

Impact of Policy Innovation

If a state-level policy is successful, it can be replicated by other states or scaled up to the federal level, allowing for experimentation without risking a nationwide failure.

Diversified Policy Outcomes

Policy can vary drastically from state to state based on local needs, political culture, and resources.

Impact of Diversified Policy Outcomes

Issues like education standards, minimum wage, and drug laws are highly inconsistent across the country.

The Role of Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system, where the federal government uses money to influence state policy.

Categorical Grants

Federal money granted to states for a specific purpose, which come with strings attached, compelling states to adopt federal policy goals to receive funding.

Block Grants

Federal money granted to states with broad policy areas, giving states more discretion on how to spend the money.

Mandates (Unfunded)

Federal rules that states must obey whether or not they receive federal funding, requiring states to spend their own money to comply.

Conflict and Cooperation

Federalism inherently creates tension, often leading to lawsuits resolved by the Supreme Court, which defines the boundaries of policymaking authority.

McCulloch v. Maryland (1819)

Established Implied Powers and National Supremacy, broadly expanding federal authority over states.

Dred Scott v. Sandford (1857)

Defined a narrow view of federal power; states retained significant reserved powers.

Gibbons v. Ogden (1824)

The Court broadly interpreted the Commerce Clause to allow Congress to regulate numerous economic and social activities, leading to a massive expansion of federal power.

United States v. Lopez (1995)

Marked a brief shift to limit federal power, ruling that the Gun-Free School Zones Act exceeded Congress's authority under the Commerce Clause.

Federalism

The system of government where power is divided between a national (federal) government and regional (state) governments.

Delegated (Expressed) Powers

Powers specifically granted to the federal government.

Reserved Powers

Powers not granted to the federal government, nor denied to the states.

Concurrent Powers

Powers shared by both the federal and state governments.

Impact of Delegated Powers

Includes national security and creating a stable national currency.

Impact of Reserved Powers

Includes determining curriculum, school funding, and public health/safety regulations.

Impact of Concurrent Powers

Includes taxation and building infrastructure.

Tension Point (Commerce Clause)

Congressional power to regulate interstate commerce has been interpreted to expand federal power significantly.