AP GOV Unit 1 reiview

Brutus #1 (1787)

Anti-Federalist document stating that a large nation will rarely have a chance to participate in government and the government will not be able to control factions or interests.

Federalist #10

Federalist essay that supported the Constitution and specifically argued that the problems posed by factions would be greatly reduced due to the new framework of the national government that the Constitution creates.

Judicial Review

The ability of the judicial branch to review decisions made by the legislative branch, executive branch, and state governments to determine if they are unconstitutional.

Factions

The term used by Madison in Federalists #10 to label the various groups and their interest that exist in society.

Anti-Federalists

people who opposed the Constitution and did not believe in the ratification of the Constitution.

Federalists

supporters of the Constitution, believed in the ratification of the Constitution.

Reasons why the federalists supported the Constitution

• A large republic combined with the concepts of separation of power and checks and balances

• Creates a government in which it would be difficult for one faction to dominate

Reasons why the anti-feds. did not support the Constitution

• The necessary and proper clause along with the supremacy clause make the national government too powerful

• A country with so many groups will constantly argue with one another

• In such a large country it will be too hard for the representatives to really know the minds of people since they are so far removed from them in the capital.

• There is no Bill of Rights

Republic

A form of government in which the people select representatives to govern them and make laws.

Madison's views on factions

He felt that in a free society there is no way eliminate them therefore the framework for government should include ways to limit the problems they many cause.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Bill of Rights

The first ten amendments to the Constitution

Examples of Congress using the necessary and proper clause

Congress has created a government bank that assists financial industry. Congress has created an air force to assist the army and the navy.

The 10th Amendment

The amendment in Constitution that states all powers not given to the federal government are reserved for the states.

Examples of state responsibilities

• Public education

• Issuing various licenses (drivers, marriage, professional)- - Conducting elections

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Legislative Branch

the branch of government that makes the laws (Congress, House of Representatives and Senate).

Executive Branch

the branch of government that carries out laws (president and the cabinet).

Judicial Branch

The branch of government that interprets laws; Supreme Court (can overturn laws and actions by the president if they violate the constitution)

Congressional Committees

Groups of members of Congress that specialize in a particular political issue

Stakeholders

the people whose interests are affected by the government's activities

Access points

Places where interest groups or individuals go to exert influence on government policy making.

Legislative Branch access points

They include email, mail. phone calls, participating in a town hall meeting, testifying in front of the Congressional committees during committee hearings, watching Congress on C-SPAN, reading about bills online

Executive branch access points

Filing a complaint with a particular government agency, reporting wrongdoing to an agency as well as researching information on various government department and agency websites.

Judicial branch access points

Filling a lawsuit regarding a law/rule that one deems to be unfair, appealing a court decision, filling an amicus curiae brief (friend of the court brief) to the court which argues how a case should be decided based on the law.

Pocket Veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

Veto Override

If the President vetoes a bill, Congress may override the veto by a two-thirds majority vote in Congress. The bill would then become law, the President's objections notwithstanding.

Advice and Constent

The senate is able to be consulted on and approve treaties signed and appointments made by the president to public positions, including Cabinet secretaries, federal judges, officers of the armed force, state attorneys, ambassadors, and other smaller offices.

Impeachment

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors." The impeachment itself does not remove the official from office.

Federalists #51

Discusses the importance of separation of powers/checks and balances.

Federalism

Sharing powers between the national government and the state governments

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its limits in the Constitution.

Full Faith and Credit Clause

Each state is required to give full faith and credit to the public acts, records, and judicial trials of each state.

Privileges and Immensities Clause

Citizens of each state are entitled to all privileges and immunities of citizens in other states.

Extradition

States are obligated to deliver captured run-away criminals back to the state where the crime was originally committed.

Exclusive Powers (federal powers also known as enumerated, expressed, and delegated powers)

-declare war

-define immigration and naturalization

-regulate interstate commerce

Reserved Powers

Any powers not mentioned remain with the state government and not the federal government.

Concurrent Powers

The state and federal governments share these powers like levy taxes and enforcing laws.

Republican Government

The power is held by the people which then elect representatives to represent them in government.

10th Amendment

The amendment that lists the reserved powers to the states.

Dual Federalism

National government does not interfere with state government and they do not interact with each other.

Cooperative Federalism

National and state government interact and work together (like a marble cake).

Mandates

Requires states to comply with federal directive with or without the the reward of funds.

Federal revenue sharing

Congress collects federal tax revenues and distributes these funds to the states

Enumerated Powers

Powers and limitations of Congress and the powers of the state.

Commerce Clause

Gives congress the power to regulate interstate commerce. (Article I)

Necessary and Proper Clause (also know as the Elastic Clause)

Gives Congress the power to make laws based on what they believe is necessary based on the situation.

Implied Powers

Powers not specifically listed in the Constitution but taken from the necessary and proper clause.

Enumerated powers:

Powers to tax

Borrow money

Raise an army

Create a political system

Address privacy on the seas

Congress Cannot…

Take away the right of habeas corpus

Pass bills of attainder

Create ex post facto laws

Grant any title in government

Tax exported goods

The Constitutional question for the court case of McCulloch v. Maryland

“Does the federal government have implied powers and supremacy under the necessary and proper clause and the supremacy clause?”

Why did the MC vs M court begin?

The Congress created a national bank in Baltimore. But, the constitution did not specifically say that Congress had the power to create banks.

What did Maryland do in response to the federal government’s out-of-state bank?

The taxed the out of state bank 15,000 dollars.

The two questions that the court had to answer for the case of McCulloch v. Maryland?

Did Congress have the authority to establish the bank under the Constitution?

Did the Maryland law unconstitutionally interfere with congressional powers?

What was the court’s decision about if Congress could establish a national bank?

The federal government had the right to make a national bank and that states did not have the power to tax the federal government.

The Constitutional question before the court in the case of US v. Lopez

Does Congress have the authority under the commerce clause to put gun laws near schools?

What clause in the Constitution did the federal government argue gave it the power to make the carrying of a gun in a school illegal?

commerce clause

Which article of the Constitution establishes the responsibilities of the state to each other and the responsibilities of the federal government to the states?

Article IV

An example of how the full faith and credit clause works.

a couple is married according to the law in one state, they will be able to continue to be married if they travel to another state.

Exclusive powers of state governments

Operate schools

Regulate health and safety

Determine marriage/moral laws

Incorporate cities and companies

Levy taxes

concurrent powers that both the federal and state governments have:

Levy taxes

Enforce laws

Define crimes

Run court systems

Improve lands

What was the Supreme Court's interpretation of the Constitution?

federal laws are supreme over state laws.

What was his argument in Lopez’s appeals case?

It was unconstitutional to use the commerce clause because it exceeded Congress’s power under the Constitution.

What question did the Supreme Court have to answer for US vs Lopez?

Does congress have the authority to regulate the sale of a gun on shcool property through the gun-free school zones act?

In which three categories can Congress exercise its Commerce Powers?

Channels of interstate commerce

Instumentalialites of interstate commerce

Activities that substantially affect interstate commerce

Did U.S. v. Lopez expand or limit the federal government’s power?

US v. Lopez limited the power of the federal government’s power.

System where states have most political power

Confederacy

Two house legislature

bicameral

____ form of government

Republican

Only states can conduct…

elections

Political power in one place

unitary

_____ of powers

separation

_____ and immunities clause

privileges

_____ and balances

checks

Necessary and _______ clause

proper

Full faith and _____

credit

states hate when ________ are unfunded

mandates

adjective for necessary and proper clause

elastic

Federalism when states and federal government work together (current federalism)

Cooperative

Federalism where states and federal government are separate and have little to no interaction

Dual

Only states can issue…

any licences like drivers or marriage

word for an agreement between states; like a treaty

compact

Statistics and data are use to award which grants?

formula grants

Grants that are most flexible:

Block grants

another word for business and an important clause in the US vs Lopez court cause

Commerce (clause)

What is the power for the states called?

reserved powers

grants-in-____

aid

Amendment that gave states reserved powers

10th amendment

Grants that are for a certain purpose

project grants

Type of federalism involving grants from federal government

fiscal federalism

expressed, delegated, or __________

enumerated (powers for federal government)

Court case involving national bank?

McCulloch vs Maryland

Article IV of the Constitution

This article of Constitution outlines the relationship between the various states, as well as the relationship between each state and federal government. (also includes full faith and privileges and immunities clause)

Categorical Grants

Grants which may be spent only for narrowly defined purposes. (project and formula grants)

Advantages of Federalism:

Mass political participation

States retain some rights and have choices about public policy issues

Government at many levels are in touch with the concern of their constituents

Innovative methods

Disadvantages of Federalism:

There is a basic inequity in the federal system (States have unequal resources (money))

three levels of government can make the political process seem too complicated

Federalism can allow local leaders to frustrate and possibly thwart national policy

Federalism can cause a conflict of authority (who is in charge?)

Where is the concept of Federalism in the Constitution?

Article IV, the 10th amendment, and Article V