ap gov unit 1

Direct Democracy

People themselves, rather than elected representatives, determine the laws and policies by which they are governed.

Indirect (Representative) Democracy

System of governance in which citizens elect representatives to make decisions and pass laws on their behalf.

Step 1: Amendment proposed by

A two-thirds vote of both houses of Congress

OR

Constitutional convention called by two-thirds of state

Step 2: Amendment ratified by"

1. Three-fourths (37/50) of the 50 state legislatures (common)

2. Three-fourths of state constitutional conventions

Participatory Theory

Widespread participation, joining civil society groups, independent associations outside the government.

Pluralist Theory

Joining a group of like-minded citizens and emphasizes the role of GROUPS in the policymaking process.

Elitist Theory

A small minority with most of the economic power controls government and politics. Elected officials are too heavily influenced by wealthy and educated interest groups.

(Example: Electoral college and appointing supreme court judges)

Federalist 10

- Fed 10 is James Madison's attempt to answer the following question: How will the new Constitution protect the liberty of citizens against the tyranny of the majority?

- Since removing the causes of faction won't work (due to the abolishment of liberty), Madison suggests that the only protection against their tyranny is to control their effects → Republican-style Government (better than pure democracy)

- a large republic helps control the effects of factions

How did Fed 10 deal with the issue of factions?

- Try to manage their effects

- This was the solution he proposed, which was to mitigate their negative effects

- He appealed to the size and diversity of the US population, believed a large republic would deal with the danger of factions

- Argued that there was a double protection against the tyranny of factions

- Separation of powers in the federal government

- Sharing of power between fed and state govt.

Great Compromise (Connecticut Compromise)

A compromise on how the people would be represented in the new Congress.

Virginia Plan

Congressional reps should be apportioned by population

Proposed a strong central government, and bicameral legislature in which states' votes depended on their population.

New Jersey Plan

Advocated a unicameral legislature with all states having an equal number of votes.

Each state should be represented equally with one vote per state (This meant that small states have a disproportionate amount of power).

Bicameral Congress (2 Houses)

1. House of Representatives (people represented by population)

2. Senate (two votes per state)

Electoral College

Each state is given the number of electors that correspond to the # of congressional reps they have in the House

State legislatures have all the power to decide who those people are

Popular Sovereignty

The government's power comes from the consent of the governed, reflecting the belief that the people are the ultimate source of authority.

Limited Government

The government's powers are restricted to what is explicitly granted by the Constitution and laws, protecting citizens' rights --> prevents tyranny through a series of checks and balances and separation of powers.

Separation of Powers

The federal government is divided into three distinct branches—legislative (Congress), executive (President), and judicial (courts)—each with unique functions and powers.

Checks and Balances

Each branch has the power to limit or oversee the actions of the other two, preventing any single branch from becoming too powerful.

Federalism

Power is divided and shared between the federal government and state/local governments, balancing national unity with regional autonomy.

Rule of Law

Everyone, including government officials, is accountable to publicly known, stable laws that are applied equally

Judicial Review

The courts, particularly the Supreme Court, have the authority to interpret the Constitution and declare laws or actions of other branches unconstitutional.

Natural Rights

Inspired by Enlightenment thought, these concepts suggest the idea that we are born into having certain rights, such as life, liberty, and the pursuit of happiness.

Social Contract

Suggests that individuals consent to surrender some of their freedoms and submit to the authority of a governing body in exchange for protection of their remaining rights.

Unitary system

A system of government where all political power is held by a central government, with local governments deriving their authority from it. The central government can limit or dissolve local governments.

Federal system

A system of government where power is shared between a central government and regional governments (such as states or provinces).

- Both levels of government have distinct areas of authority and can make laws, collect taxes, and enforce laws independently.

Confederal system

A system of government where regional governments hold the majority of power, and the central government has limited authority. The central government derives its power from the consent of the regional governments.

- Ex: Articles of Confederation

Recall

Allows citizens to remove and replace an elected official before their term ends

Initiative

Enables citizens to propose new laws or constitutional amendments

Referendum

Allows voters to approve or repeal a law or constitutional amendment that the legislature has already passed

Commerce Clause

Gives congress authority to regulate commerce among the states, has been used overtime to justify federal power.

Necessary and Proper Clause (Elastic Clause)

Congress also has the power to pass any law which shall be deemed "necessary and proper" to the carrying out of their enumerated powers.

Ex: Alexander Hamilton was the first to invoke this clause to establish the first national bank using Article 1, Section 8.

10th amendment

Any power that the Constitution does not explicitly give to the federal government is reserved to the states.

Expressed/Enumerated Powers

Powers specifically granted to the national government by the Constitution, particularly in Article I, Section 8.

Examples:

- regulating interstate commerce

- make treaties w/other sovereign nations

- coining money

- declaring war

- the power to tax, coin money, and raise armies

Reserved Powers

The powers kept by the states (justification comes from 10th amendment from Const.)

Ex: police power, hospitals, education

Concurrent Powers

Powers that both federal and state government share (income tax).

Cooperative Federalism

A type of federalism where national and state governments work together to solve problems and achieve common goals, often overlapping in their responsibilities. This cooperation became more prominent after the New Deal era.

- Can work through grants, administer education, public health.

Dual Federalism

A system of federalism where the national and state governments operate independently within their own spheres of authority, with little overlap in their responsibilities. This was the dominant model before the New Deal.

power of national govt should be "few and defined"

power of the states: "numerous and infinite"

Block grant

Gives federal money to the states to be spent in a broad category and the states determine exactly how that money is spent within those boundaries.

- ex: community development block grant, substances use prevention

Categorical grant

Gives federal money to the states as long as they comply with SPECIFIC federal standards.

- Ex: civil rights act 1964, elementary and secondary education act, raising drinking age to 21

Mandate

The federal govt requires states to follow federal directives and give money toward the carrying out the mandate.

- Ex: Clean Air Act, fed govt gave money to the states to help them fall in line with the national standard

Unfunded Mandate

The federal govt sets the mandate and then provides NO FUNDs to help states comply. This was largely struck down by the Devolution Revolution under Pres. Reagan, and was a Reform Act under Clinton.

- ex: No Child Left Behind Act

McCulloch v. Maryland

Maryland legislature slapped a tax on the bank, clerk refused to pay that tax

Maryland argued that there was NOTHING in the const. that gave congress the power to establish a branch of the national bank in the boundaries of a state

McCulloch lawyers argued that they were RIGHT using the virtue of necessary and proper clause, supremacy clause, fed law will TRUMP state law

The United States v. Lopez

Congress passed the Gun Free School Zone Act 1990 (prohibited guns on school property)

- not stated explicitly in congress, not listed among the enumerated powers

- Weak justification: commerce clause: believed that guns hurt interstate commerce indirectly

- kid brought a gun in texas, was convicted and charged under federal law, however justices ruled in favor of the states

Supremacy Clause

A part of the U.S. Constitution that says federal laws are more powerful than state laws. If there's a conflict, the federal law wins.

Failures of the Articles of Confederation

- Federal government was too weak, and state government was disproportionately strong (believed it prevented tyranny)

- Only one branch of government (Congress)

- No president, no federal court

- Congress has no power to raise revenue through taxes or raise an army

Eventually led to Shay's Rebellion, which led to people realizing the importance of the federal govt

Brutus 1

Argued about the dangers of a large centralized government, and feared the constitution Necessary and Proper clause and Supremacy Clause --> gave more power to Fed govt > state govt.

An Anti-Federalist paper that argues against the U.S. Constitution, warning that a strong central government would threaten state power and individual rights. It expresses fears that the Constitution would create a government too powerful and distant from the people.

Federal 51

An essay by James Madison arguing for the separation of powers and checks and balances in the Constitution. It explains that each branch of government should have enough power to check the others, ensuring that no one branch becomes too powerful.

Key Idea: "If men were angels, no government would be necessary."