AP Gov Unit 1

Federalism

A two-tiered system of government that divides the power between the national and state government.

1783 Treaty of Paris

spelled out peace terms and brought the war against the British to an end.

The United states government first operated under how many states

13 states under The Articles Of Confederation

The Constitution defined…

the three branches of government, relations among states, national and state powers, and the process to amend the document

States have the power to

maintain jurisdiction over schools, marriages and divorces, criminal law enforcement, motor-vehicle law, etc.

Thomas Hobbes and the Leviathan

States that when humans live in “a state of nature” rather than in a governed state, the result is anarchy and war, and human life is “solitary, poor, nasty, brutish and short,”

John Locke and Natural Law

States that natural law is the law of God and that this law is acknowledge through common sense and reason. Under natural law, in a state of nature, people were born free and equal. “No one can be… subjected to the political power of another, without his consent.” Locke argued further that people should rebel when the consent of the governed was not respected.

Jean-Jacques

Believed in popular sovereignty— the people as the ultimate ruling authority— and a government of officials to carry out the laws

Social Contract (Jean-Jacques)

the agreement of free and equal people to abandon certain natural rights in order to find secure protections for society and to find freedom in a single body politic committed to the general good.

Baron de Montesquieu

Saw the republican form of government as one having defined and limited power while granting political liberty to citizens.

Republic

citizens elect leaders for a limited period of time; the leader’s job is to make and execute laws in the public interest.

Who wrote the declaration of independence

Thomas Jefferson, John Adams, Benjamin Franklin, etc.

Who is the “Father of the Constitution?

James Madison

The U.S constitution establishes what

a system of checks and balances among branches of government and allocates power between federal and state governments. This system is based on the rule of law and the balance between majority rule and minority rights.

As the legislative branch, Congress can do what?

tax, borrow money, and regulate commerce.

The Judicial branch includes..?

The Supreme Court and a plan to create lower courts

Representative republic

a collection of sovereign states gathered for the national interest, national needs, and national defense.

Participatory Democracy

Emphasizes broad involvement of citizens in politics. Citizens vote directly for laws and other matters that affect them instead of voting for people to represent their interests. (The framers believed that the US was too big for this type of Democracy. Although, they left room for citizens to exercise self-representation at state and local levels.)

Pluralist Democracy

people with widely varying interests find others who share their interests and organize and unite into nongovernmental groups to exert influence on political decision making.

Elite Democracy

elected representatives make decisions and act as trustees for the people who elected them. People with resources and power dominate. They tend to have the necessary skills and education to represent the governed.

public policy exception

If a state passes a law before another state does it, they don’t have to do the full faith and credit

House of representatives

composed of members elected directly by the people

The senate

Still representative, but more elite.

Anti-federalists argued against participatory democracy in what way?

Anti-Federalists feared in the large United States too many people with too many opinions to be adequately represented, so they favored smaller units of government for local needs.

Federalists argued against pluralist democracy in what way?

argued competing interests are unavoidable, but they prevent one single viewpoint from dominating.

Federalists liked elite democracy why?

they desired representative government and trusted the process of regular elections to remove representatives when they do not meet the needs of their constituents.

referendum

which allows citizens to contest the work of the legislature. In other words, if the legislature passes an unpopular law, the citizens can gather support (usually through signatures) to call a vote to defeat or uphold the law

James Madison in Federalist No.10 believed that…

the constitution was designed to limit the influence of factions.

Why did Anti-federalists fear the constitution?

From their recent experience under Britain’s rule. They feared that the proposed single executive might replicate a king, potentially limiting state and individual rights. Additionally, they feared Congress’s power to tax, to control a standing army, and to do things that felt “necessary and proper.”

Brutus NO.1

argues of the dangers of a too large government. Additionally, it states that citizens of a large nation would not know the workings of government or know their elected representative. “necessary and proper clause” gives the government too much power and risks personal liberty.

Federalists

Supported strong nations gov, believed the constitution would protect the rights of states and individuals, believed in representatives, believed unchecked factions would put the interests of few over the minority.

Anti-federalists

Wanted states to have more power, believed the bill of rights was needed to protect the rights of individuals, believed many should have a voice in gov to prevent the eliet from having too much power.

Under the articles of confederation, the states…

Were loosely united under an alliance under one governing authority, had their own constitutions, had different branches of government, and affirmed that the power came from the people

State representation in the Articles Of Confederation

Each state receives one vote in the new confederation Congress; states appoint up to seven men who make up one vote.

National Legislation in the Articles of Confederation

required the votes of nine states

To alter or amend the Articles of Confederation…

you needed a unanimous vote

Congress could do what under the Articles of Confederation?

engage in international diplomacy, declare war, and acquire territory.

What did the Articles of confederation allow?

protection of religion, extradition (the return of criminal fugitives and runaway slaves back to the states they had fled, free flow of commerce among the states, and that states provide public, fair gov and that Congress could sit as a court in disputes between states.

Weaknesses in the Articles of Confederation

The requirements that at least nine states must agree in order to enact national law, the requirement that ALL states must agree in order to amend the system of government, the Congress could not tax people directly, the national gov could not raise or maintain an army, no national court system or national currency, Congress could not regulate commerce among states.

How did the nationals government’s lack of power over taxation affect it?

It had to rely on voluntary assistance from the states to meet its financial needs. Without taxes, the new gov couldn’t pay foreign creditors and lost foreign nations’ faith and potential loans.

How was Shay’s rebellion made possible under the Articles of Confederation?

The Articles of confederation allowed for this scenario to be possible due to the lack of centralized military power. According to Article VI in the Articles of Confederation, the government was not to assemble a standing army during peacetime. Thus, Shay’s Rebellion was difficult to control, as there was no means of government intervention, instead relying on the state’s local militia.

How did Shay’s rebellion influence the framers’ decision in creating the constitution?

The disaster and the lack of aid the government could provide showed the Framers that they needed to commence change, as a lack of centralized military power provided a threat to American security. 

Virginia Plan

Called for a three branch system with a national executive, a judiciary, and a bicameral, or a two-house legislature. The people would elect the lower house whose members would, in turn, elect the members of the upper house. This plan also states that the national gov would be supreme over the states, and set clear limits for each of the branches.

New jersey plan

Sovereignty of states, limited and defined powers of national legislature.

Great compromise

House members apportioned by population; each state given two senators.

3/5ths compromise and Importation of Slaves

Only three of every five enslaves persons would be counted to determine representation. Congress could not stop the importation of slaves for 20 years after ratification

Electoral college

States decide how their electors are chosen, with each state having the same number of electors as they have representatives in Congress.

Article one

Defines the basic set-up of Congress. House members are elected by the people every two years. In contrast, state legislatures would elect senators.

Article two

lays out the requirements to assume the office of the executive. As commander in Chief, the president oversees and manages the U.S. military. The president receives foreign ambassadors and sends U.S. ambassadors aboard.

Article three

Defines the Judiciary. Empowers Congress to create inferior courts. The federal courts have jurisdiction over cases involving federal law, disputes between states, and concerns that involve government officials. Supreme justices serve for life.

Article four

defines relations among states. “Full faith and credit clause” requires states to be open about their laws and encourages states to respect one another’s laws. On most issues states cannot play favorites with their own citizens or exclude outsiders from basic privileges and immunities.

Article five

A two-thirds vote in both houses of Congress or a proposal from two-thirds of the states, followed by a ratification from three-fourths of the states is required to amend the constitution.

Article six

Establishes national supremacy. All states must adhere to the constitution. No religious test will be required for a person to take a gov office.

Article seven

..states that the outlined amendment proposal process and declared that the Constitution would go into effect when the ninth state convention approved it.

The constitution creates what type of government?

Representative republic that limits government and tempers hasty, even if popular, ideas.

Bill of Rights

Written in order to secure the liberties earned through the revolution. James Madison and others stated that it was not necessary, as these rights were never implied to be taken away anyway.

Amendment I

Freedom of religion, speech, press, assembly, and petiton.

Amendment II

Right to bear arms

Amendment III

No quartering of troops

Amendment IV

No unreasonable searches or seizures

Amendment V

Amendment VI

Speedy and public trial by jury of peers, cross examination of adverse witnesses, to call favorable witnesses to testify, right to defense counsel, to be informed of crime accused.

Amendment VII

Lawsuits or juries

Amendment VIII

No cruel or unusual punishments, no excessive fines and bail.

Amendment IX

Listing of rights in the constitution doesn’t deny others.

Amendment X

Delegated and reserved powers.