AP Gov Chapter 1-2

Article 1 of the Constitution

Legislative Branch

Article 2 of the Constitution

Executive Branch

Article 3 of the Constitution

Judicial Branch

Article 4 of the Constitution

Relationship between states

Article 5 of the Constitution

Amendment process

Article 6 of the Constitution

Supremacy Clause

Article 7 of the Constitution

Ratification Process

Formal Amendment Process

Proposal: 2/3 vote in both houses of Congress OR 2/3 state legislatures call a convention.

Ratification: 3/4 state legislatures OR 3/4 state conventions.

7 principles of the US Constitution

Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balance, Federalism, Republicanism

Popular Sovereignty

Power is derived from the people

Limited Government

The government is not absolute, its limited by the government as to not infringe on individual rights

Separation of Powers

Government is divided by into 3 branches that have distinct responsibilities

Checks and Balances

Each branch monitors and limits the power of the other branches

Federalism

System of government where power is divided and shared between federal and state governments

Republicanism

Form of government where citizens elect representatives to make laws and govern on their behalf

Federalists

Pro Constitution, Strong Central government, Federalist paper, Hamilton and Madison

Anti-Federalist

Anti Constitution, power to the states, bill of rights, brutus

Federalist 10

Factions are inevitable, large republic controls them better, republic > direct democracy

Brutus 1

Large republics are dangerous, too distant from people,

Articles of Confederation

1st US government, Weak central gov, no tax power, no army, no executive, one vote per state,

Checks and Balances (Branch vs Branch)

Legislative -> Executive: Override veto, impeachment, control budget; Executive → Legislative: Veto bills, call special session; Judicial → Legislative/Executive: Judicial review; Legislative → Judicial: Confirm judges, impeach judges; Executive → Judicial: Appoint judges, pardon power

Executive -> Legislative: Veto bills, call special session

Judicial -> Legislative/Executive: Judicial review

Legislative -> Judicial: Confirm judges, impeach judges

Executive -> Judicial: Appoint Judges, pardon power

Articles of the Confederation vs the US Constitution

AOC: weak central gov, no exec/judiciary, 1 vote per state, hard to amend

Constitution: stronger fed gov, separation of powers, bicameral legislature, easier to adapt

Compromises at the Constitutional Convention

Great Compromise, 3/5 Compromise, Commerce and slave trade compromise, Electoral College: President not directly chosen by people

Great Compromise

Bicameral Congress (House by pop., Senate equal)

3/5 Compromise

Slaves counted as 3/5 for representation and taxes

Commerce and slave trade compromise

congress regulates trade but no ban on slavery until 1808

Electoral College

President not directly chosen by people

Theories of Politics in US Gov

Traditional, Pluralist, Hyperpluralist, Elite

Traditional theory

People directly influence policy

Pluralist theory

Many competing interest groups shape policy

Hyperpluralist theory

Too many groups = gridlocked

Elite theory

Small wealthy elites hold the power

Federalist (Madison's Wants vs Concerns)

Wants: Strong central gov't to control factions

Concerns: Tyranny of majority/minority

Solution = large republic + checks & balances

Great Connecticut Compromise

Combined Virginia Plan (population - based House) + New Jersey Plan ( equal Senate)

Types of Government/Democracy

Direct Democracy, Representative Democracy, Republic

Direct Democracy

Citizens vote directly

Representative Democracy

Citizen elect reps

Republic

Rule by elected officials, guided by law

Issues at Constitutional Convention

Representation (big vs small states)

Slavery (counting slaves for representation)

Power of central gov vs states

Executive power

Legislative Checks on Executive

Override veto

Approve appointments & treaties (senate)

Power of purse

Impeachment

Why is legislative Branch powerful

Framers intended it -> closest to people, writes laws, controls budget, can override

Social Contract Theory (John Locke)

Gov exist with consent of governed

Natural rights: life, liberty, property

If gov violates rights the people can overthrow

Process for Removing a President

House: Votes to impeach (majority)

Senate: Holds trial, 2/3 needed to convict & remove

Shay's rebellion

Farmer uprising in Massachusetts (1786-87)

Exposed Articles of Confederation weakness -> no army/tax power

Catalyst for Constitutional Convention

Adam Smith & Limited Government (Laissez-Faire)

Wealth of Nations (1776)

economy should run with minimal gov interference -> free markets

Federalist 51 (Madison)

Separation of powers & checks and balances prevent tyranny

"Ambition must be made to counteract ambition"

Relationship between the Fed and State gov - beginning

Dual Federalism, clear separation of powers

Relationship between the Fed and State gov - 1930's

Cooperative Federalism, after the great depression the states and federal gov. had to work together

Relationship between the Fed and State gov - 1980's

Devolution, push for power back to states, more block grants instead of categorical

Relationship between the Fed and State gov - Today

Complex Federalism, constant "tug-of-war"

American with Disabilities Act (ADA) (1990)

Prohibits discrimination against individuals with disabilities, federal mandate

Commerce Clause

Article 1, Section 8, Clause 3, gives congress power to regulate interstate commerce, used to expand federal power

Necessary and Proper (Elastic) Clause

(Art. 1, Sec. 8, Cl. 18), Congress can pass laws need to carry out delegated powers

Privileges and Immunities Clause

(Art. 4, Sec. 2, Cl. 1), States can't discriminate against citizens of other states

Full Faith and Credit Clause

(Art. 4, Sec. 1), States must respect the rulings, laws, and records of other states

Supremacy Clause

(Art. 4, Cl. 2), Constitution and Federal law are supreme

Equal Protection Clause

States must treat people equally under the law, 14th amendment

Due Process Clause

Protect life, liberty, and property from unfair gov. action, 5th(fed) and 14th(states) amendments

US v Lopez (1995)

Limited Congress's commerce clause power, struck down the fed. Gun Free School Zone act

McCulloch v Maryland (1819)

Upheld national bank (necessary and proper), states can't tax federal gov. (supremacy)

Cooperative Federalism/Marble Cake

The states and the fed. gov. share powers and responsibility, ex. New Deal Era

Dual Federalism/Layer Cake

Strict separation of powers between fed and state gov.

Intrastate commerce

Within one state, usually regulated by state law

Interstate commerce

Between states, regulated by federal gov.

Delegated (Enumerated) Powers

(Art. 1, Sec. 8), Powers given directly to congress, ex. Coin money and declare war

Concurrent Powers

Powers shared by federal and states, ex. levy and collect taxes

Reserved Powers

Powers not given to the federal gov. go to the states, 10th amendment, ex. regulate gun laws and drinking age

Implied Powers

Powers not written but implied from the Necessary and Proper Clause

No Child Left Behind (2001)

Federal mandate about educational testing/standards

Patriot Act

Expanded federal surveillance powers after 9/11, ex of fed. gov. increasing power

Homeland Security (2002)

Created a new federal department after 9/11 that focused on terrorism prevention and national security

Medicaid

Joint federal-state health program for low-income Americans, cooperative federalism

Unfunded Mandates

Federal mandates without funding

Funded Mandates

Federal Mandates with financial support

Block Grants

Federal money that goes to the states with only a broad target

Categorical Grants

federal money that goes to states with no flexibility on how its spent

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of soldiers