Unit 1 Foundational Documents- AP Gov

federalist 10

- two ways of eliminating factions: everyone has the same view OR eliminate factions (neither are realistic)
- remedies for controlling factions: large society = more views --> competition between factions + have a republic (where people can elect representatives, who tend to be more moderate, and can represent all the different factions vs just a majority)
- large republics = more factions = more competition --> never a majority opinion controlling policymaking

brutus 1

- argued the elastic clause would give congress too much power --> trample on liberty of states
- argued that the power given to the federal gov. would be "absolute + uncontrollable" --> supremacy would stomp on state sovereignty
- argued that the fed. gov.'s right to levy taxes, control interstate commerce, + print money would diminish state autonomy
- worried SCOTUS and its power over the state courts would render state courts obsolete
- feared the legislative branch can't be large enough to fully represent the diversity of identities in america (thinks republics only work in small geographic areas)
- argues that the government's ability to raise a large standing army is the opposite of liberty
- federalist 10 + 51 counter this essay

Declaration of Independence

people have a duty to abolish a bad government; list of grievances; peacefully tried to get change; individual rights of the people

federalist 51

- separation of power is necessary --> prevent power from accumulating in one place --> prevent tyranny
- separation of power = independence between the three branches (make v enforce v interpret laws)
- checks + balances = interdependence
- best check on the government = people (precautions = sep. of power, c + b, federalism)
- liberty meter !!! (AOC too weak, but can't have a tyrannical gov.)
- argued the legislation might needed to be weakened (congress was the only branch in the AOC = was powerful + unicameral) --> solution = divide it between an upper + lower house

Connecticut Compromise

established bicameral legislature

3/5 Compromise

slaves and reps in House count as 3/5 of a person

Article I

Establishes Legislative Branch; the qualifications and powers of the House and Senate

Article II

Establishes Executive Branch; qualifications and powers of the President

Article III

Establishes Judicial Branch; powers and qualifications of Supreme Court

Supremacy Clause

Constitution is supreme

Full Faith and Credit Clause

states have to honor government proceedings of other states

Commerce Clause

Congress regulates interstate commerce; used to expand their power across the country

Necessary and Proper Clause

Congress can do anything needed to exercise their powers; creates concept of implied powers

Formal Amendment Process

Starts at Congress/National Convention -> State Convention/ State Legislature

10th Amendment

powers not given to the federal government are reserved for the states

17th Amendment

People now vote directly for senators instead of through a state legislature

Marbury v. Madison

- chief justice marshall + judicial review --> justifiable for the courts to render a law void if it is inconsistent with the constitution
- SCOTUS as original jurisdiction over cases involving ambassadors, public ministers, + those in which states as one of the parties is involved
- SCOTUS has appellate jurisdiction for all other cases
- believed a part of the judiciary act had to be struck down --> conflicted with constitution (expanded court's power to interpret the constitution) --> cemented as a coequal branch
- men were entitled to their commissions, but the courts can force someone to deliver those commissions
- under marshall, the court used judicial review to overturn several state laws

McCulloch v. Maryland

Confirmed that national government can set up a bank (Necessary & Proper Clause) and states can't try to tax the government to override them (Supremacy Clause)

Gibbons v. Ogden

National government can regulate basically every form of interstate commerce (Commerce Clause, Supremacy Clause)

United States v. Lopez

Congress cannot use the Commerce Clause to make possession of a gun in a school zone a federal crime because it's within one state

articles of confederation

- confederation: perpetual union / alliance among the 13 sovereign states in the nation
- Article II of the AOC: guarantees individual state power over the power of the confederation (problem: national government can't provide executive unity --> can't raise taxes / raise revenue / pay bills, can't regulate interstate commerce, different currencies = mess --> led to national debt)
-congress can't raise an army --> can't put down rebellions, etc. (shay's rebellion)
- the national government: legislative branch (congress) --> sole power to determine peace and war + is the last resort to settling disputes between states
- problems with foreign countries: 1 foreign country had to negotiate one topic with all 13 states
- british troops still weren't evacuated at this time --> no regard for American sovereignty by other countries

federalist 70

- strong executive = energetic executive --> protect national security, protect liberty from factions and anarchy, steady administration of the law
- weak executive = bad government (people suffer from an unsteady gov. --> individual protections are protected)
- most necessary quality for a president = energy (not vitality, but power)
- four ingredients for an energetic executive = unity (single powerful executive), duration (time in office), provision (salary = incentive), competent powers (enumerated constitutional powers to effectively carry out their job)
- shared presidency allows the executive to avoid responsibility --> easy to blame other people (we need to hold our leaders accountable)
- executive council would lead to bad government (disagreement --> paralysis --> unable to do anything + no accountability --> abuse of power

federalist 78

- necessary components to judicial structure = mode of appointing justices, lifetime tenure, judges hold their offices during good behavior
- claims the judicial branch is the least powerful (has no influence over taxes + war matters) --> they impose their judgment rather than creating laws for citizens to follow
- agrees with their power to declare unconstitutional legislative acts void = judicial review (check on the other two branches)
- independence of the judiciary = important (protect from the irrationality and passion of politics _ protect them from factions --> laws are made fairly)
- consistency in decision making provides stability

baker v. carr

- Facts: Registered republican challenged Tennessee's congressional district boundaries
- SCOTUS disagreed with states
- Tennessee had to redraw congressional district boundaries so each would have about the same number of constituents
- Malapportionment = population is distributed in uneven numbers between legislative districts (unconstitutional = violates the equal protection of the 14th amendment) - Dissenting opinion = argued that voters were not denied the right to vote + that drawing boundaries was a state issue
- Led to principle of "one person, one vote"
- precedent that citizens would challenge their legislative redistricting (individual states didn't have as much power over redistricting as they did before)

shaw v. reno

- Court rejected a NC reapportionment plan designed to produce majority-minority districts Understood as "an effort to segregate voters into separate districts on the basis of race
- Dissenting opinion --> was meant to provide representation for African Americans (14th amendment was originally written to protect) --> Equal protections clause shouldn't have been used to block an effort to create a district that was mostly African American
- States are now allowed to use race as a consideration, but not as a main factor, in drawing district boundaries