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ORIGINAL WAS A QUIZLET (https://quizlet.com/828525739/ap-gov-part-1-flash-cards/?i=54c55c&x=1jqY) UN
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
