AP US Gov/Politics - Unit 1

Democracy

Democracy

a system of government by the whole population or all the eligible members of a state

Direct Democracy + Last Example

a. Citizens cast votes directly on laws, no legislatures

b. Athens

Representative Democracy + nickname

a. elect reps who make up legislature and vote on laws, laws should reflect will of citizens

b. indirect democracy

Minimalist Democracy

Citizens elect political "teams" who rule and make decisions for them

- People shouldn't vote bc they are ignorant and uninformed

Early Political Theorists

- Socrates, Plato, Aristotle

- Greece began idea of direct democracy

- Developed Citizenship - those who are citizen can vote and participate in govt

Enlightenment

- philosophical movement in EU

- reason is the primary source of authority

- liberty, progress, tolerance, etc.

Social Contract

- Thomas Hobbes, Leviathan

- people give up rights in exchange for protection of individual freedoms and safety, fundamental in US

John Locke ideas

Natural Laws (life, liberty, property) should govern society

- Governed should consent to govt

- Tabula Rasa, Separation of Powers, Limited Govt.

Montesquieu works + ideas

- Wrote the "Spirit of Laws"

- Checks and balances

- Limited Govt.

Pluralism

Many groups compete for influence and control

- Bargaining between groups to take power

- checks and balances even out power

- high officials go in and out of office regularly

Elitism

- some stress on power

- only elite can enter politics

- govt made of single "set" of people based on some criteria

- general masses hv little control

Hyperpluralism

- Pluralist but extreme

- way too much groups

- checks and balances failed, or power spread so thin it is powerless

- power held by interest groups that concentrate power

Popular Sovereignty

power of govt is derived from people's consent

Republicanism

Citizens of sovereign states elect leaders for limited time to make and execute laws

Common Sense

- made by Thomas Paine, convinced colonists to support independence, called King George a tyrant

Declaration of Independence Structure

-Begins with a justification for why they wanna dissolve social contract with UK and make a new one

- Follows with a list of grievances

- Ends with a declaration of intent to create a new nation

Declaration of Independence Enlightenment Ideals

- Locke's ideas of Inalienable rights

- Limited Govt

Declaration of Independence Main Themes

- UK was no longer keeping the colonies safe

- UK denied colonies liberties that existed in UK, US wanted them back

AOC

First cons of the US, wrote during American Rev

- Weak central govt, loose confederation of independent states rather than a singular govt

- strong state power -> due to fear of centralized authority

AOC shortcomings

unable to tax and regulate commerce efficiently

unable to enforce laws

no exec/judi branch

No focus on individual rights, no Checks and Balances, no Bill of Rights

Very difficult to amend AOC, 13 states needed

no power to tax

AOC strengths

Congress can declare war/peace, can coin/borrow money, can deal with foreign affairs, can operate post offices

Shay's Rebellion + effect

armed uprising in Massachusetts, led by Shays and other farmers and doctors

- due to economic hardship and instability

- direct challenge to Mass. govt, showed weakness of AOC

- unable to put down rebellion, led to questioning of AOC

Virginia Plan

Drafted by Madison, supported big states

Bicameral legislature, lower house elected by people, upper house elected by lower house

Rep. proportional to population

executive leader and justices appointed by Congress

New Jersey Plan

supported small states

1 chamber, equal rep

members of Congress elected by state legislatures

Exec branch run by a committee -> selected by Congress

Justices selected by Congress

Great Compromise

Bicameral legislature, one based on population (House), other with equal rep (Senate)

Enslaved people count as 3/5th of a person

HOR Requirements

25 years old, citizen for 7+ years, live in state they represent

HOR term length

2 years

HOR

Chamber based on state population

Choose own speaker, controls impeachment

Census every 10 yrs to redistribute

Bills regarding revenue must begin here

Senate Requirements + term length

30 yrs. old, 9 years a citizen, 6 year term

Impeachment Process

Senate has sole power to try impeachment

Chief Justice presides over trial

Only for removal from office, doesn't preclude a Criminal Trial

Similarities between 2 Chambers

Each Chamber has its own meetings, agenda, etc.

Can compel members to attend, set rules, elect its own officers

Can't be a member of Congress and hold any other civil office

Section 6 Article 1

Senators and Reps must get paid

Unless they engage in Treason, felony, or Breach of Peace, they can't be arrested while in House or going there

Senators and Reps can't hold another civil office

Section 8 Article 1

Congress must raise and support Armies, create and maintain navy, regulate Army or Navy

Necessary and Proper Clause (Section 9) + nickname

a. Lets Congress create any law they deem necessary to carry out pre-established duties

- Gives Implied Powers

b. Elastic Clause

Implied Powers and Expressed Powers

a. powers inferred from specific powers listed in US Cons

b. Powers specifically stated in Cons

Requirements for President

Natural born citizen, at least 35 years of age and lived in the U.S for 14 years.

What must the President do yearly?

He must give a State of the Union address to Congress

How long does Pres and VP serve + who are they elected by

a. 4 years

b. Electoral College

President main powers

Commander in Chief of army

Can require officers of diff departments to give him info

can grant pardons and reprieves, except in impeachment

Can convene Congress in an emergency

Article 1 vs 2 vs 3

a. legislative

b. executive

c. judicial

Who becomes president if the president dies?

Vice president, then Speaker of the House

Original vs. Apellate Jurisdiction

a. Supreme Court can hear and decide the case first no matter what

- used on cases involving ambassadors, ministers, consuls, conflicts between states

b. Supreme Court's decision to review appeals and decisions made by lower courts

- all other cases

Supremacy Clause

Federal government takes supremacy over state governments

Judge serve time

For life (as long as they don't commit crimes)

Federalists and Anti-Federalists

a. Strong republic would better preserve people's liberties, supported cons

b. Opposed cons, favored limited national authority, wanted small localized govt

Federalist 10

An essay by Madison arguing for ratification of Cons, advocating for a strong central govt to protect against factions

Brutus no 1

Anonymous essay arguing against ratification of the US Cons, said it would threaten individual liberties and would lead to tyranny, Cons lacks bill of rights

Federalism

Power is distributed between central govt and state governments

Reasons for Federalism

a. Customizability and Responsiveness

Federalism allows states to customize laws to their needs

b. Laboratory Effect

States try out ideas to see if they work before its adopted to national level

Dual Federalism

- layer cake

Clearly enumerated powers between national and state govts, sovereignty in equal spheres

Cooperative Federalism

- marble cake

National and state share functions and collab on national priorities

- Post New Deal Era

New Federalism

- Post Reagan Era

more power to states, less to national govt

Increased difficulty of federal mandates

Fiscal Federalism + Reason for increased grants

a. Offer of money from national govt to states in form of grants to promote national ends

b. After 16th amendment (income tax), fed govt got more revenue, thus more grants passed out

Categorical vs Block Grants

a. money given for specific purposes, major tool during New Deal and Great Society

b. several categorical grants in a broad area combined into 1 general grant, preferred by states bc they can adapt grants to their needs, disliked by Congress bc they hv little control

Judicial Federalism

- Struggle between national and state govts over relative constitutional powers of each

- Supreme Court is the arbiter of what cons means on various questions, including federalism

Federalist 51

Essay by Madison outlining the need for separation of powers and checks and balances in the US govt to protect against tyranny

why didn't founders include BOR in Cons?

- assumed that controversies regarding civil rights would be solved in court, which was run by the state govt

- didn't envision an important federal court system, feared an endless debate if list of rights was made

Bill of Rights

- ensures that govt is limited in its ability to infringe on the rights of its citizens

- Freedom of speech, religion, etc.

- no unreasonable searches or seizures, guarantees fundamental liberties

Federal Mandate

requirement placed on the states, created an obligation for that state to meet, if they dont, they lose funding

Commerce Clause

Provision in the U.S. Constitution that allows the federal government to regulate commerce with foreign nations and among the states

Funded vs Unfunded Mandate

a. Provide money for state to do requirements

b. provide no funds to do obligations

Medicaid vs Medicare

a. healthcare for the poor

b. healthcare for the elderly, slowly expanded, administered by the states

Americans with Disabilities Act

requires facilities that receive public funds to meet certain requirements which would allow disabled people to use the facility

Clean Air Act

required states to monitor and enforce a national air quality standard

No Child Left Behind Act

requires states to improve performance, and provide other services

- varied popularity, ties school funding to test scores

Judicial Mandate

federal courts create mandates thru their rulings

- states are still required to spend funds, no funding provided, mandates made to enforce individual rights

Electoral College

A group of people selected by each state to elect Pres and VP of the US

Enumerated Powers

Powers specifically given to federal government, listed in Constitution

Faction

A group of individuals who share a common interest and act in their shared self interest, potentially conflicting with the interest of the larger community

Limited Government

Government power is limited by laws, a constitution, or societal norms, protecting individual liberties

Checks and Balances

each branch government has the ability to limit the power of other branches, ensures none of the branches get too powerful

Seperation of powers

Powers of govt divided between legislative, executive, and judicial branches

Balancing liberty and order

Challenge in US political system, govt must balance individual freedoms with need for societal order and stability

Complex policymaking processes

The various steps and actors involved in making public policy at the federal, state, and local levels, including legislative proposals, executive action, and judicial review.

Judiciary Act of 1789

establish the federal court system.

Judicial Review

ability of the court to declare legislation or executive action in violation of the constitution

Marbury v Madison background info + significance

a. At the end of John Adams term, his secretary of state failed to deliver documents commissioning Marbury as Justice of Peace in DC, Marbury sued Madison asking Supreme Court to issue a writ to deliver the documents that make him Justice of Peace

b. judicial review

McCulloch v Maryland background info

Many states opposed National Bank within their borders, thought National bank was uncons.

Maryland imposed a tax on the bank, cashier McCulloch refused to pay

Argument in Marbury's favor

- Marbury's commission is valid and is therefore required

- Judiciary Act of 1789 gives court Authority to rule on this

Argument in Madison's favor

commission isnt valid bc it wasnt delivered in time

- falls under appellate jurisdiction, scotus shouldnt be hearing the case

Argument in Maryland's Favor

As a sovereign state, it could tax within its borders

Argument in McCullochs favor

a national bank was necessary and proper for Congress to establish in order to carry out enumerated powers

McCulloch v. Maryland ruling + what did it establish

- The Court ruled that Congress had the power to establish a national bank and that the Maryland tax on that bank was unconstitutional.

- implied powers

US v Lopez background

Lopez carried a concealed gun into high school, charged with firearm possession on school grounds

- state charges dropped after fed agents charged Lopez with violating a federal criminal statue

US v Lopez outcome + significance

a. Lopez found guilty, sentenced to 6 months imprisonment and supervised release

- Supreme Court rejected government claim, law wasn't related to commerce

b. federal government exceeded its authority under commerce clause

Federalist 78

Hamilton writes that the courts should hv power to check legislature branch by determining whether acts are in violation of constitution

- Judicial Review would tend to curb the turbulence and follies of democracy, controversial

- Independence and life time serving allows judiciary branch to be free from political influence and pressure

Federalist 70

Framers had to design an executive that was appropriate for a republic

- Hamilton's ideal executive would serve for life, barring impeachment

- single executive is more beneficial than a committee because it prevents conflicting opinions and bc they cant hide behind anyone

Formal Powers

Powers expressly granted to the president under Article II of the Constitution.

Informal Powers

powers not laid out in the Constitution but used to carry out presidential duties