AP GOV UNIT 1: Foundations of American Democracy

Limited Government

They knew a government was needed, but only to keep it as limited as possible— influenced by the Enlightenment.

Natural Rights

People are born with certain rights that cannot be taken away.

John Locke

Preached rights of life, liberty, and property

State of Nature

Comes before any kind of government where humans are free with their natural rights, still open to infringement.

Popular Sovereignty

The power to govern is in the hands of the people. (“consent of the governed”)

Social Contract

People willingly give up their freedoms to the government to protect their natural rights.

Jean-Jacques Rousseau

Wrote in his Social Contract that if the government violated the agreement to protect its citizen’s natural rights, the people have a right to overthrow it.

Republicanism (Baron de Montesquieu)

People elect leaders to represent them and make laws to support public interest. To keep the government from becoming tyrannical, power should be separated into three branches (the legislative, executive, and judicial).

Declaration of Independence

Outlined reasons for separation of the United States from Britain, written by Thomas Jefferson.

Unalienable Rights

Life, Liberty, and the Pursuit of Happiness

U.S. Constitution

Blueprint for the separation of powers and republicanism.

Articles of Confederation

The first governing document of the United States, established a weak national government and gave most power to the states. Wanted to get as far away from a monarchy as possible, creating a government where states held all the power.

Philadelphia/Constitutional Convention

A meeting held in 1787 to draft a new Constitution for the United States, written by James Madison.

Representative Republic

People elect representatives that legislate on behalf of the people.

Participatory Democracy

Emphasizes broad participation in politics and civil society. Citizens vote on laws directly.

Examples of Participatory Democracy

Town Hall Meetings, Initiative, and Referendum

Initiative

Voters put a measure onto the ballot they want to be passed into law.

Referendum

People can oppose a law passed by their legislature and can call for a vote to defeat it.

Elite Democracy

Emphasizes limited participation by a few, well-educated, and informed statespeople who are qualified to direct the nation through lawmaking on behalf of the people.

Examples of Elite Democracy

Supreme Court, Electoral College

Pluralist Democracy

Group-based activism by nongovernmental interests which work to impact political decision making.

Interest Groups

Groups that form around a particular cause or demographic.

How does each form of democracy show in the Constitution?

Elite - Elected representatives

Pluralist - Compromise of States to pass a law

Participatory - Separation of power between federal and state governments

Federalists

Argued for more centralized power in the government. (Hamilton, Madison, John Jay)

Antifederalists

Argued against ratification, thought power should be vested in the states. (Patrick Henry, George Mason)

Federalist 10

If the majority always prevailed, minorities would never be represented. If too many protections were provided to the minority, the common good would never prevail.

Solution: Republican style government. With so many factions, they would have to compromise to pass laws.

Brutus 1

History had never seen a republican-style government on a nation as large as the United States. The Necessary and Proper Clause and Supremacy Clause would create a powerful central government and render state governments unnecessary.

Weaknesses of the Articles of Confederation

1. Federal government only had one branch (Congress)

2. All 13 states must agree to for an Amendment to be passed

3. Congress had no power to raise tax revenue

4. There was no national currency

5. No power to raise a national army

Shay’s Rebellion

Many soldiers went into debt while fighting in the Revolutionary War and were offered no relief. Daniel Shays made a militia of 1000 and raided a town arsenal. Quickly stopped by Massachusetts militia.

Absence of a national army made them rethink the Articles as a governing document of the United States.

Virginia Plan

Argued that representatives should be apportioned by population, would benefit bigger states

New Jersey Plan

Argued that representatives should be apportioned by population, would benefit smaller states

The Great Compromise

Brought both plans together in a bicameral legislature (HOR: apportioned by population, Senate: apportioned equally)

Electoral College

Each state is given the same number of electors as they have representatives in Congress, and the electors put the president into office.

Three-fifths Compromise

Three-fifths of the enslaved population could be counted for representation and taxation purposes.

Amendment Proposal and Ratification

1. Either two-thirds of Congress or state legislatures can propose an amendment

2. Three-fourths of the states must agree to ratify the amendment

USA Patriot Act

Aimed to find and stop future terrorist attacks after 9/11.

No Child Left Behind

In order to receive federal funding, schools needed to meet specific criteria. However, the criteria was unattainable.

Separation of Powers

No one branch of government holds all the authority.

Legislative Branch

A Congress made up of the House of Representatives and the Senate, has the power to propose and make laws.

Executive Branch

The President and the Bureaucracy, has the power to execute and enforce the laws.

Judicial Branch

Supreme Court, has the power to interpret the constitutionality of laws.

How can the legislative branch check the executive branch?

The legislative branch has the power of advice and consent over the president and has the power of impeachment.

How can the executive branch check the legislative branch?

The executive branch can veto any law made by Congress.

How does the judicial branch check the other branches?

The judicial branch checks through the power of judicial review.

Federalist 51

The separation of powers and checks and balances are able to control the abuse of power by any one branch.

Stakeholder

Anyone with a vested interest in policymaking and its outcomes.

How can interest groups speak into the law?

Interest groups can pay professional lobbyists to meet with representatives and make them aware of the group’s cause to persuade them to to vote in the group’s interests.

How can average citizens speak into the law?

Average citizens have access to bureaucratic agencies run by the executive branch and can write letters or emails to their representatives.

How can stakeholders speak into the law?

Stakeholders can file a complaint with the agencies if a law is broken or a crime is committed. They can also use the courts to challenge unjust and unconstitutional laws or appeal wrongful convictions.

Federalism

The sharing of power by state and national governments. For example, declaring war.

Exclusive Powers

Powers kept by the states, like policing, hospitals, and education.

Concurrent Powers

Powers both state and national governments share, like taxation.

Fiscal Federalism

Congress can direct funds to states based on national standards, giving funds to those who comply and withholding funds from those who don’t.

Categorical Grants

Gives federal money to the states as long as they comply with specific federal standards. The money must be used for the purpose of the grant.

Block Grants

Gives federal money to be spent in a broad category and the states determine exactly how much money is spent within the boundaries.

Mandates

Requires states to follow federal directives and gives money towards carrying out the mandate.

Unfunded Mandates

The federal government sets a mandate but gives no funds to help states comply.

10th Amendment

Any power that the constitution does not explicitly give to the federal government is reserved for the states (reserved powers).

14th Amendment

Applied the Bill of Rights to the states

Commerce Clause

Gives Congress the authority to regulate commerce among the states.

Necessary and Proper Clause (Elasticity Clause)

Congress has the power to make any laws that are necessary and proper to carrying out their enumerated powers.

Full Faith and Credit Clause

Each state must respect the others’ laws.

McCulloch v. Maryland (1819)

Necessary and proper clause gave Congress the power to establish a bank in Maryland, showed federal law trumps state law.

United States v. Lopez (1995)

Gun laws were made in the domain of the states, showed in some circumstances, state laws could still win.

Federalism in Action: Environmental Regulation

Obama entered the Paris Agreement through executive order. States had to submit to the agreements of the Paris Agreement. When Trump became president, he decided to leave the Paris Agreement, but some states still kept its regulations.

Federalism in Action: Legalization of Marijuana

Marijuana had been federally illegal since the 1930s. California and other states legalized medical marijuana for sedation. In 2012, Colorado became the first state to legalize recreational marijuana, even though it was still illegal federally. Obama didn’t want to waste resources enforcing federal law, so he didn't.