12th APGOVT: UNIT 1 (Chpt 1-3)

Direct Democracy general overview

direct popular vote on major changes such as election and removal of officials, proposed measures and amendments (referendum)

What was a major reason for developing the US into a representative democracy?

Founding Fathers and other elite feared tyranny of the majority, so desired a system that still kept the freedoms of democracy but also advocated indirect voting

What did James Madison think of the AoC Government?

too much power to the states which meant more infringement of rights would arise from the state government level

What were Madison’s beliefs on property, some examples of property?

Everyone had a right to property which consisted of anything people attached some value to (Ex: religion, way of thinking)

traditional/majoritarian theory of democracy

government power rests on the consent of the governed who may either participate directly or indirectly (must have adequate information to make decisions)

Pluralist theory

people of aligning interests form non-government interest groups which aim to influence the political sphere and promote their causes

Elite/Elitism theory

most of the political power is held by people of high socioeconomic classes who participate in a skewed, mutualistic relationship with government officials

Hyperpluralism

an extreme version of the pluralist theory; there are so many powerful interest groups that the government is in a gridlock, meaning compromise is difficult to make

structure of the AoC government (1781-89) 2

\-unicameral legislative house in which each state had 1 vote

\-no executive or judicial branch

Weakness of the AoC government (1781-89) in regards to amendments

ratifying amendments required the unanimous consent of all 13 states

What part of the Connecticut Compromise allowed for direct democracy and which part did not?

Senate: senators are chosen by state legislature

HoR: people vote directly for representatives

Slave Trade compromise (2 parts)

Congress could not tax the export of any state goods and for at least 20 years, the slave trade would continue

What debate led to the creation of the electoral college?

a Congress-elected president may place too much power onto the legislative branch, but a directly-elected president may lead to tyranny by the majority

Federalist vs Anti-Federalist differing opinions on the Constitution’s protection of state and individual rights

Federalists believed that the Constitution already provided limitations to the federal government and reserved powers for states, while Anti-Federalists believed a bill of rights was needed

Madison’s views reflected in Federalist Paper #10

larger republics, rather than smaller ones such as state republics, are more capable of balancing government power and interest group power

Federalist Paper #51 main idea

significance of checks and balances and separation of powers

Informal vs Formal Amendment Process

Informal amendment process refers to the different interpretations of the Constitution, while the formal amendment process actually edits the Constitution

How is the Elastic Clause tied into the informal amendment process?

informal amendment proposals are often made based on current needs or a need for more efficiency, leading to all 3 branches of government, mostly judicial, to propose amendments

The formal amendment process is made of 2 parts: a … (…) and a … (…)

proposal (national function), ratification (state function)

NATIONAL FUNCTION: 2 methods of proposing an amendment

STATE FUNCTION: 2 methods of ratification

-amendment is proposed by 2/3 the senate and 2/3 the HoR

-amendment is proposed at a national convention called by Congress at the request of 2/3 states

-3/4 states ratify the amendment

-3/4 of conventions held in each state ratify the amendment

No matter the type of government, federalism entails what about the powers of state and federal governments?

their powers are derived from the Constitution, not from each other

earliest interpretation of federalism, its nickname, and its prevalence dates

dual federalism, layer-cake federalism, 1789-1930s

Dual federalism general overview

like traditional beliefs of men and women, the federal and state governments have supremacy over their own spheres of influence

Context leading to the adaption of cooperative federalism and a general overview of this interpretation

The Great Depression called for more cooperation between states and the federal government such as building the Interstate Highway, leading to more sharing of responsibilities between the two governments

Difference between dual and cooperative in how each interpret the Constitution

Dual federalism interprets the Constitution more narrowly and strongly believes in the 10th amendment while restricting the elastic clause, while cooperative federalism believes the opposite

How is federalism’s encouragement of experimentation within states both an advantage and disadvantage?

State have flexibility in determining how to implement public policy that would best help the people, but states are not equal in the available resources for implementing these policies

Inherent powers

federal powers not enumerated in the Constitution but are just naturally given to the government due to the nature of its foundation and purpose

Concurrent powers; ex?

states can hold some powers that the federal government has as long as they’re not explicitly given to just the national government; EX: levy taxes, spend on welfare of people

Name at least 2 examples of reserved powers for states

regulate INTRAstate commerce, establish public school systems, administer elections, establish licensing requirements

2 key parts of the Supremacy Clause

1) Constitution = supreme law of the land

2) federal law takes supremacy over state law

How does 1824 Gibbons v Ogden tie into the commerce clause?

NY government gave Ogden the right to operate a ferry on interstate waters, while the federal government gave Gibbons the right to operate boats in interstate waters; Gibbons won because he had federal permission for an interstate, commerce-related activity

Another application of the Commerce Clause: Heart of Atlanta Motel v US (1964)

The Supreme Court ruled that the Commerce Clause gave them the right to stop discrimination at the motel because its operations involved interstate commercial activity

How has the Power to spend given the federal government more power?

While the federal government cannot entirely control the execution of policies, they can make funding conditional on how well states follow federal requirements

Key rulings of the McCulloch v Maryland 1819 case (2)

\-”the power to tax is the power to destroy”, indicating that Maryland’s state tax on the Baltimore bank branch destroyed the supremacy clause

\-national bank is necessary and proper

Centralist vs Decentralist beliefs

Centralists believe in an elastic federal government and that state governments are more prone to right violations, while Decentralists believe that the 10th amendment cancels out the elastic clause and that the federal government has become too powerful

Devolution Revolution general overview

a movement starting in the late 20th century that aimed to inhibit the trend of more power to the federal government by giving state governments more responsibility

What led to the Devolution Revolution

after the 1994 elections, Republicans dominated Congress and aimed to scale back the power of the federal government, one such way popularizing block grants over categorical grants

Block vs categorical grants

Categorical grants are given to state governments for them to fund specific programs, while block grants are given to state governments for them to largely choose how to distribute the money

Fiscal federalism

the patterns of the national government’s spending, taxation, and grants to influence states’ execution of policies

Purpose of federal grants

a way for the government to set a minimum national standard for policies in all states while limiting the need for a larger bureaucracy, an action which is done by allowing states to handle policy implementation

What does a ‘stick’ refer to in a federalist government? EX?

mandates states are required to meet such as minimum wage, speed limits, and handicap accessibility in order to receive federal funds

Why have federal mandates been criticized throughout history? (2) + EX

-states receive no funding to implement the policies (EX: 1986 Handicapped Children’s Protection Act)

-states view the conditional terms of funding as blackmail

Types of federal control: Direct Orders

states must comply with federal regulations in order to avoid penalties

Types of federal control: Cross-cutting requirements

the requirements established by one federal law is required for all other federally-funded projects

Example of cross-cutting requirement federal control

all states must keep in mind the Civil Rights Act when executing policies

Cross-over sanctions

Congress may withdraw funds from one program if states fail to meet the guidelines of another separate program that Congress cannot control, thus giving Congress some regulation over that separate program

Partial Preemption

typically unfunded federal mandates that give states flexibility in execution

Name two government Acts/policies that centered around discrimination and serve as cross-cutting requirements

\-Civil Rights Act of 1964 which banned public place and employment discrimination based on race, color, ethnicity, sex

\-Title 9 of Education Act prevented federally-funded higher learning institutions from discriminating based on gender

How was 1990 Gun-Free School Zones Act pivotal at the time

In US v Lopez, the conservative court believed that the commerce clause would not allow Congress to create gun-free school zones

1995 Unfunded Mandates Reform Act

meant to prohibit the federal government’s use of federal mandates