AP GOV: Unit 1- Ideals of Democracy Slides 5-27

Quiz 9/15 Quiz #2 9/24 Exam 9/29

Types of Democracy: Participatory

Direct participation of many in government and civil society

• Ex. Town Halls, Initiatives).

Types of Democracy: Pluralist

Group based activism by non-governmental interests striving for impact on policy

• Ex. Interest groups, Factions

Types of Democracy: Elite

Limited participation; decisions made by small groups of wealthy and powerful individuals.

Dangers of Faction: James Madison’s take

1. Causes and inevitability of faction

2. Factions can lead to tyranny

3. Large Republic is best protection from tyranny

4. Federalist papers (#10,51,70,78)

Federalist Papers #10,51,70,78

Series of essays written to support the formation of a government that is a Federalist Republic

Republic

Limited government where citizens elect representatives to make decisions

Elected officials in a Republic

1. Represent the peoples interests

2. Make laws and policies

3. Accountable to voters

Limited government

A political system in which there are certain restrictions placed on the government to protect individual rights and liberties

Factions

Inevitable due to human nature

• Cannot stop causes but can control effects via a Large Republic

• This was so many interests exist that no single faction can dominate the majority

Brutus

Robert Yates persona when writing the Anti-Federalist papers

• Supremacy Clause

• Necessary and Proper Clause

• Scale argument

Brutus’s warning on centralized governments

A centralized national government will destroy state sovereignty

Supremacy Clause

Federal laws will always override state laws

Necessary and Proper Clause

Gives the central gov’t a “blank check” power

Scale Argument

A Republic that is too large will become detached from the people’s needs

• A true democracy only works in small settings

Federalists wants

1. Strong central gov’t power for stability

2. Bill of rights is unnecessary (constitution is enough)

3. Elite/ trustee representation

4. Founding Docs: Federalist Papers (Hamilton/Madison)

Anti-Federalists wants

1. Weak central govt; strong states

2. Bill of rights is Mandatory to protect liberty

3. Direct/ Delegated Representation

4. Founding Docs: Brutus (Yates); Patrick Henry

Articles of Confederation: Structural failures

Unicameral legislature, no executive, no national court system.

Articles of Confederation: Financial failures

No power to tax; no power to regulate interstate commerce.

Articles of Confederation: Process failures

Required unanimous consent (13/13) to amend the Articles.

SHAY’S REBELLION

Shay led a rebellion of indebted farmers in Massachusetts

• Outcome: Weak national government under the AOC could not raise an army to stop the unrest.

• highlighted need for a stronger central government.

Constitutional Convention Debate points

1. Size of government

2. Distribution of power

3. Protection of individual liberties

4. Balance between state and federal authority

5. Preventing potential tyranny

Virginia Plan

Representation based on population

New Jersey plan

Equal representation for each state

The Great Compromise

Senate: Equal rep (2 per state). Favored small states

House: Rep by population. Favored large states.

Three-Fifth’s Compromise

Enslaved people counted as 3/5ths for both representation and taxation purposes.

• Slave trade

Slave trade

Congress prohibited from banning it till 1808

Bill of rights success

Added in 1791 (won anti-Federalist support) 

• Allowed Constitution to be ratified

• Created a balanced system of government

• Established checks and balances

Problems with the Electoral college

• Not direct popular vote

• Founders believed a small group could make better decisions

• Designed to prevent "uninformed" masses from directly electing president

• Reflects elements of elite democratic model

Bicameral legislature

Dividing legislative power and precautions

Checks and Balances: Legislative

Article I: Makes the laws. Can impeach Pres/Judges. Power of the Purse.

Checks and Balances: Executive

Article II: Enforces the laws. Can veto legislation. Appoints federal judges.

Checks and Balances: Judicial

Article III: Interprets the laws. Judicial Review (Marbury v Madison).

• The judiciary is the "Least Dangerous Branch"—it has neither "force nor will" (no purse/sword).

Fed. #51: Madison

Argues that the structural design of the Constitution (Separation of Powers + Checks & Balances) naturally restricts government from becoming tyrannical.

Fed. #51: Madison’s purpose of government

• Protecting against tyranny and faction

• Preventing a single faction from controlling government

Fed. #51: Madison’s key principles

• Separation of Powers

• Legislative, Executive, Judicial branches

• Each branch limits others' powers

• Checks and Balances

• Prevents concentration of power

• Provides multiple safeguards

• Assumes humans are potentially selfish

• Designs systems to control human tendencies

Fed. #70: Hamilton

The Argument: A unitary (single) executive is superior to a committee.

1. Energy: One leader can act with "secrecy, dispatch, and vigor."

2. Accountability: Easier for the public to blame one person than a group.

3. Stability: Prevents paralysis caused by infighting.

Fed. #78: Hamilton and the Independent Judiciary

The Independent Judiciary: Hamilton defends the judicial branch.

• Judicial Review: The Court must be able to declare acts of Congress unconstitutional.

• Life Tenure: Necessary for judges to remain independent from political pressure.

Three Key Government Systems

1. Confederate System

2. Federal System

3. Unitary System: National government controls most decisions

Confederate System

State governments hold most power

Federal System

Power shared between national and state governments

Unitary System

National government controls most decisions

Federalism

A system where power is divided between a national government and regional (state) governments

The Tenth Amendment

Any power not specifically delegated to the federal government is reserved to the states

Enumerated Powers (Fed)

1. Coin money

2. Declare War

3. Regulate Interstate Commerce

4. Foreign Treaties

Concurrent (both)

1. taxation

2. Law Enforcement

3. Borrowing money

4. Establishing Courts

Reserved powers (states)

1. Public Schools

2. Conducting Elections

3. Licensing (Marriage/Driver)

4. Health/Safety (Police Powers)

Court Case: McCulloch v. Maryland

Maryland tried to tax the Second Bank of the U.S.

Ruling of McCulloch v. Maryland

1. Congress has implied power to create the bank

2. States cannot tax federal entities (Necessary and Proper clause section 1, article 8, clause 18)

United States v. Lopez (1994)

Details: A student brought a gun to school, violating the “Gun-Free Zones Act”

Ruling: Congress exceeded its authority under the commerce clause. (should be economic, local activities)

→ Carrying a gun in a school zone is not an economic activity. This returned power to the states.

Categorical Grants

Specific money given to states for a specific narrow purpose ($trings attached)

• ie: Highway funding, special education

Block Grants

Money given for broad policy reasons

• Given states more flexibility (social services)

Mandates (grants)

Federal requirements states must follow. If “unfunded” states must pay for it themselves

Unfunded mandate

Federal requirement that transfers the burden of payment for initiative to the states or lower governments (Americans With Disabilities Act) 

Dual Federalism

Distinct separation of powers (Layer Cake Model)

Cooperative Federalism

Blended government responsibilities (Marble Cake Model)

• Grants

Devolution

The transfer of power from a higher level to a lower level (volunteer)

• Example: “Reagan’s Devolution Period”