Ap Government Unit 1

Elite Democracy

A theory of government that certain groups hold or should hold disproportionate power in a political system

Pluralist Democracy

A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies. Because many groups compete, there is not an elite group that dominates. Compromise is common.

Participatory Democracy

a theory of democracy that holds that citizens should actively and directly control all aspects of their lives as impacted by government decisionmaking

Articles of Confederation Weaknesses

No executive branch, no judicial branch, no power to tax, no power to regulate trade, no power to collect state debts or settle state disputes, no power to coin money each state retained sovereignty, Each state had equal representation in a unicameral (single house) legislature, laws needed a 9/13 vote and amendments needed a 13/13 vote to pass

Shays' rebellion

Rebellion led by farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Separation of powers

A way of dividing the power of government among the legislative, executive, and judicial branch to prevent tyranny.

Popular sovereignty

A government in which the people rule by their own consent.

Bicameral

A legislature consisting of two parts, or houses with separate rules

Federalists

Those who favored a stronger national government and weaker state governments. Supported the ratification of the Constitution.

(e.g. Madison, Adams, Hamilton)

Anti-Federalist

Those who favored strong state governments and a weaker national government. Advocated for a bill of rights to formally address individual and state rights. Concerned about the concentration of power in a central government under the Constitution.

(e.g. Jefferson, Yates)

Federalism

A system of government in which power and responsibilty is divided between the federal and state governments

Supremacy clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

(ex. McCulloch v. Maryland)

Virginia Plan

Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states.

New Jersey Plan

Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.

Connecticut or Great Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

Republican Democracy

Format chosen by Founding Fathers. People vote for representatives who then make laws. People do not vote directly on legislation.

Three Fifths Compromise

Enslaved people counted as 3/5 of a person for population counts to determine how many representatives.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Bill of Rights

A formal statement of the fundamental rights of the people of the United States, incorporated in the Constitution as Amendments 1-10. Satisfied Anti-federalist concerns. Its adoption allows Rhode Island and North Carolina to ratify the Constitution.

Elastic clause/ Necessary and Proper Clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. Has allowed the federal government to expand its power over time.

Commerce clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. Has helped the Federal government expand its power over time- including the regulation of the environment and civil rights.

Concurrent powers

Powers held jointly by the national and state governments. For example, the powers to tax, pass laws and borrow funds

cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government. Often referred to as "marble cake"

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Delegated powers

Powers the Constitution specifically granted to one of the branches of the national government. Listed explicitly in the Constitution. Ex: right to coin money, declare war, regulate foreign and interstate trade, tax, etc.

Implied powers

Powers not specifically mentioned in the constitution;

Powers inferred from the express powers that allow Congress to carry out its functions. Has Constitutional basis in Necessary and Proper/Elastic Clause

Reserved Powers

belong to the states and the people;

Powers not specifically granted to the federal government or denied to the states. Granted by the 10th Amendment. For example, regulating voting and administering elections at the state level.

Block grants

Federal money given to the states with limited spending guidelines. Allows the states power to decide how to spend funds within relatively loose guidelines. Ex: funds for transportation and state chooses how to allocate.

Categorical Grants

Federal money given to the states with specific spending guidelines. Gives the federal government the power to decide how funds are spent within the state. Ex: funds for highway repairs, cannot be used for other purposes.

Devolution Revolution

The transfer of power from a high level political office to a lower level; central government to regional, state, or local governments. Example-Welfare Reform Act of 1996

The 10th Amendment

Reserves powers to the states. Has been used successfully by the states to get the federal courts to strike down federal laws that violate this principle.

federal mandate

An order given by the federal government that states must follow and pay for in order to receive other funding

formula grant

Type of categorical grant that is usually based on mathematical variables to determine funding (usually population)

Intrastate commerce

Commerce WITHIN A STATE commercial activity regulated at the state level

Interstate commerce

Commerce between different states, can be regulated by Congress.

Full Faith and Credit Clause

requires state courts to enforce that civil judgments of the courts of other states and accept their public records and acts as valid.

Tyranny of the majority

The concept that the "majority" of the population can make decisions that hinder the rights of a minority group. Madison was most concerned with this aspect of the new government.

fiscal federalism

The sharing of money between national, state, and local government

formal amendment process-Convention Route

proposal by two-thirds vote of national convention called by Congress at the request of two-thirds of state legislatures followed by passage by three-quarters of special state conventions.

privileges and immunities clause

prevents a state from treating citizens of other states in a discriminatory manner.

project grant

type of categorical grant which requires a competitive application process

Federalist Paper #10

Written by James Madison to convince people to support the ratification of the Constitution. Argued that factions were inevitable but were best controlled by a large republic that employed a Federalist structure. Argued that competition among factions would limit their negative impacts.

McCulloch v. Maryland (1819)

The court ruled that the states did not have the power to tax the national bank. Used the backing of the Supremacy Clause to argue that states could not interfere with legitimate federal laws

Precedent

the importance of Supreme Court rulings for similar situations in the future

Brutus 1 - Anti-federalists

Before the constitution was ratified; too much power in national government; won't be able to survive bc it's too big. Representatives will be easily corrupted and out of touch, and the combination of the supremacy clause and the necessary and proper clause will make the national government so powerful that the states will be unable to do anything.

Federalist #51 (1788)

An essay from the Federalist Papers that was written by James Madison. The essay explains the virtues of separation of powers and checks and balances in the proposed new Constitution.

Impeachment

A check on the power of the President, Vice President, and other civil officers wherein the House of Representatives can formally charge the person in question with misconduct in their role and then the Senate can remove them from office.

Senate Investigations

An informal power that the Senate uses to probe any misconduct or issues in the Executive branch through temporary committees. Notable examples include McCarthyism, Watergate, and the Iran-Contra Affair

Direct Democracy

A form of government in which citizens rule directly and not through representatives

Republic

A form of government in which the people select representatives to govern them and make laws.

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution. Government is limited specifically to tasks that assist in the protection of people's natural rights.

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

Natural Rights

the idea that all humans are born with rights that are equal among all and cannot be taken from them without consent.

Popular Sovereignty

The ultimate power of the government rests in the hands of the people; government in which the people rule by their own consent.

Compromise on the importation of slaves

Compromise at the Constitutional Convention wherein it was decided Congress could not restrict the slave trade until 1808

Electoral College

a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. A form of elite democracy.

Article I of Constitution

Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.

Article II of the Constitution

Establishes the role and power of the Executive Branch, particularly the President and Vice President.

Article III of the Constitution

Establishes a national judicial branch by creating the Supreme Court and allows Congress to establish lower federal courts.

Article IV of the Constitution

addresses relationship between the federal and state governments as well as state government with one another

Article V of the Constitution

describes the process for amending the Constitution

2/3 both chambers of Congress pass->3/4 States to ratify

OR

2/3 states call for a convention->3/4 states ratify

Article VI of the Constitution

States that the Constitution is the highest law of the land. Federal and state officers and judges must uphold the Constitution by swearing an oath.

Article VII of the Constitution

Describes the ratification process to establish the Constitution as the governing document

U.S. v. Lopez (1995)

Supreme Court declared Gun Free School Zones Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional. First federal law declared to exceed commerce clause since the 1930s, which can be seen as a part of the Devolution Revolution.

House of Representatives

One of the houses of Congress. Members are directly elected and their numbers are determined by the population of each state. This allows for more direct participation with consent of the governed

Senate

One of the houses of Congress. Each state has 2 Senators, regardless of population. Initially, Senators were selected by each state legislature instead of by direct election (changed with the 17th amendment) in an effort to limit the impact of majority rule.

Facts of McCulloch v. Maryland

-Congress established and rechartered a National Bank. This is not an expressed power in the Constitution, but something they believe they can do through the necessary and proper clause.

- Maryland thinks the bank is unconstitutional and tries to close it by taxing banks that are established by out of state groups; McCulloch doesn't pay tax and is sued.

Constitutional Questions for McCulloch v. Maryland

Did Congress have the authority to establish the bank?

Did the Maryland law unconstitutionally interfere with congressional powers?

Decision in McCulloch v. Maryland

Supreme Court unanimously upholds the validity of the bank.

It also says that the state cannot tax a federal institution.

Reasoning used in McCulloch v. Maryland

The necessary and proper clause grants Congress the ability to do what they deem "necessary and proper" to carry out their functions. This means legitimate and appropriate actions taken with this purpose can be justified, even if they aren't powers given in the Constitution.

The supremacy of the Constitution and therefore the national government inhibits the states from choosing to directly interfere in this.

Facts of U.S. v. Lopez

Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. Federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. His lawyer argued that the GFSZA was unconstitutional because it was written with the justification of the commerce clause, which he did not feel was directly related enough to firearms in schools.

Constitutional Question in US v. Lopez

Did Congress have the power to pass the Gun Free School Zones Act under the commerce clause?

Decision in US v. Lopez

Ruled (5-4) that the federal Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause of the Constitution

Reasoning in US v. Lopez

The law was a criminal statute that was not related directly enough to interstate commerce to be justified under this power.