Ap gov unit 1

Enlightenment Thought

Natural Rights, Social Contract, Consent of the Governed

Thomas Hobbes

The Leviathan; believed a strong absolute power was necessary for stability and order and preferable to the "natural" state of people = chaos; also pushed for a social contract

John Locke

Second Treatise of Civil Government; believed all people had inalienable, natural rights and pushed for consensual governance over monarchs

Jean Rousseau

The Social Contract; Describes the agreement between government and the people; gov. secures natural rights and people follow law; Popular Sovereignty; the people are the ultimate ruling authority and elect officials to make laws; consent of the governed

Baron de Montesquieu

Spirit of the Laws; described a republican form of government with large political liberties for citizens, limited government, and separation of powers (legislative, executive, judicial)

Republicanism

Limited, elected government assured natural rights for citizens and made decisions for the public interest; foundation of American gov.

Declaration of Independence

Drew from all these ideals and created a moral, legal justification for declaring independence from British

Constitution

Established a system of checks and balances between different government branches with their own unique powers, created a differentiation between state & federal government, and created a balance between majority rule and minority rights

Representative Republic

Elect a President (through Electoral College) and Representatives in HOR to represent common interest. (State legislatures elected senators until 1913)

Participatory Democracy

Direct democracy; people vote directly on laws; Framers believed is lt would be too hard to implement on the national scale; direct participation can be seen on the state/local level however

Pluralist Democracy

Variety of nongovernmental groups (interest groups) compete to influence policy; causes slow policy making b/c of competition but allows many groups to have a voice. Framers sought to limit outside influence with diversity in Representatives (districts) and the Electoral College

Elite Democracy

Representative democracy with elites having the most influence; proponents argue it creates a perhaps unequal, but competent government and spread of power. Framers sought to have popular participation but believed regular people would be swayed over by demagogues and would be unwise picks for policy making. All branches of government are an example of Elite democratic models.

Federalist

Wanted to ratify the Constitution; Alexander Hamilton, James Madison, John Jay

Federalist Papers

Outlined the gov. the Constitution would create & gained support for it. Passed under the pseudonym Publius

Federalist No.10 - Argued that the Constitution limited the power of factionalism & personal gain/interest of representatives by creating a system of pluralist representation on different levels. Such would prevent the rule of the majority, one state, or one person.

Anti-Federalists

Opposed ratification of the Constitution as they believed it was implausible to have a national representative in such a large republic.

Brutus

Anti-federalist version of the Federalist Papers; written by Robert Yates & William Lansing under the pseudonym Brutus

Brutus No.1

Argued a national representative system would be impossible to implement as competition between different groups would be inefficient and undermine local powers/solutions. Voters would also be extremely separated from their own electors due to factionalism and differing interests. Large gov. (necessary & proper clause, supremacy clause) would undermine personal liberties.

Participatory Democracy

Initiative (placing a measure on the ballot by petition) & referendum (voting directly on legislation) are implemented in local/state governments.

Pluralist Democracy

Strong differing interests in national, state, local levels. Companies, labor unions, interest groups (NAACP, AFL-CIO, NRA) compete for influence on legislation.

Elitist Democracy

Weakened by Progressive Era, but still very much present. Almost all government officials are of higher socio-economic status than the average person and have more access to government than less fortunate.

Others are mentioned here

Opposing Views on Const. Ratification

Federalists (Madison, Jay) argued that a stronger national government & a large population would protect minority rights; Federalist No. 10. Anti-Federalists argued (Patrick Henry, George Mason) a stronger federal government would undermine individual rights; Brutus No.1

Bill of Rights

Pushed for by Anti-Federalists as they believed, since the Constitution did not explicitly lay them out, they were not guaranteed; Federalists argued it was a given

Articles of Confederation

First American governmental system; held largely sovereign states together in a confederation (state power > federal power)

Structure: Unicameral system with one vote per states (2-7 reps); 9/13 votes for legislature to pass, 13/13 for amendments; extremely slow process. First national government; confederacy of states (states power > federal gov power); weak fed gov

Weaknesses: Fed gov couldn't levy taxes, build an army, regulate commerce

Congressional Powers:

Engage in foreign policy, declare war, and acquire territory. Congress encouraged free-flow of trade between states.

Weaknesses of AOC

9/13 states had to agree to pass legislature; slow policy-making process

13/13 states needed to agree to amend; slow policy-making process

Congress couldn't tax directly; no way to get revenue

Couldn't raise an army (fed gov.); no way to protect/defend

No national court system; no Supreme Law

Congress couldn't regulate interstate trade; economic disputes between states

Shays' Rebellion

Rev. War veterans lost land due to high state taxes & insufficient veterans benefits; Daniel Shays led a rebellion which the national gov. couldn't suppress; exposed weakness of AOC & led to

Constitutional Convention

Site of discussions over the ratification of the Const

VA Plan

Written by James Madison; Three branch government with a Bicameral legislature; House based on population and Senate would be picked by House members; set the tone for the convention & for a strong gov.

NJ Plan

Created limited & defined roles for the national government; no national court system & unicameral legislature; one vote per state

Favored by small states

The Great Compromise

Constitutional System: Bicameralism (HOR & Senate; HOR based on population, equal representation in Senate [picked by state legislature]), stronger President, & Supreme Court

3/5s Compromise

Slave states wanted slaves to count for representation; non-slave states did not = 3/5 of slaves were counted for representation

Electoral College

Compromise between large & small states; set a group of electors for each state (HOR members + Senators); states (elites) pick the president; not the popular vote

Commerce Compromise

Allowed gov. to impose a tariff on imports only & the ability to regulate interstate commerce

Article I

Vests powers of Congress; House members are picked through popular vote; Senators are picked by state legislatures (amended); longest one as the framers were most concerned with the legislative process

Article II

Vests powers of President; oversees U.S. military, manages foreign relations, can veto laws.

Article III

Vests powers of the Supreme Court; President appoints life-long Justices; make federal courts which have jurisdiction over federal laws, settle state disputes, and judge cases involving gov. officials; later given Judicial Review (not in Const)

Article IV

Full faith and credit clause; make state's play nice with each other full faith and credit, privileges and immunities, extradition clauses; states must give full faith and credit to laws in respect to other states; must give non-residents the same privileges and immunities as residents (other than public college tuition); must return fugitive criminals to their original state (extradition clause)

Article V

Constitutional Amendments; require 3/4 of both houses & ¾ of state legislatures to approve; makes it hard to amend the Const. but not impossible

Article VI

Supremacy Clause; all states must adhere to the Constitution & national laws

Article VII

Ratification process for Constitution

Principles

Created a Representative Republic which maintained a federal system, but put more emphasis on the national government. Sought to create a limited, yet flexible government

Necessary & Proper Clause: (Elastic Clause)

Gave the gov. the flexibility to adjust to unforeseen situations

Bill of Rights

Anti-federalists (George Mason & Jefferson) pushed for a Bill of Rights which was not included. Pro-Constitutionalists (Madison) believed a Bill of Rights was useless ("parchment barriers") &, by listing rights the gov. could not take away, new fundamental rights could be overlooked & taken away.

Article 1 Bill of Rights

Freedom of religions, speech, press, assembly, & petition

Bill of rights 2

Right to bear arms (guns)

Bill of rights 3

No quartering of troops

Bill of rights4

No unreasonable searches or seizures

Bill of rigthf 5

Indictment, double jeopardy, protection against self-incrimination, due process

Bill of rightd 6

Speedy trial by public jury

Bill of rightd 7

Lawsuits & juries

Bill of roghts 8

No cruel or unusual punishments

Bill of rights 9

Listing rights in the Constitution doesn't deny others

Bill of roghts 10

Everything not mentioned goes to states

No Child Left Behind Act

2002; called for improvements & set national standards for teaching methods, testing, and sanctions for underperforming schools; received widespread criticism as 80% of schools did not meet standards

Every Student Succeeds Act

2015; allowed for states to determine own standards in accordance with the Department of Education

Legislative Branch

Congress; 435 House representatives & 100 senators make laws, determine how to fund the government, and shape foreign policy. Each chamber contains several committees on specific topics in policymaking, in which 10-40 members oversee.

Stakeholders

People or groups which influence politicians as interest groups and lobby lawmakers for policy in their interest

Constituents

Citizens can contact their representatives/senators through email, calls, or mail to make their voices heard, as well as stay up to date on policy with C-Span and the Congressional Research Service.

Executive Branch -

President, VP, & Cabinet; all enforce law and represent the U.S. in foreign policy

Access Points - Most access to the Executive Branch is done through its agencies; reporting someone to the FBI, submitting complains through the EEOC (Equal Employment Opportunity Commission)

Judicial Branch

U.S. Supreme Court, lower appeals courts, and trial courts below; the Supreme Court and lower courts exercise judicial review to check the constitutionality of a law.

Access Points - Citizens use federal courts through lawsuits; challenge government action, appeal wrongful convictions, or question public policy.

Separation of Powers

Delusion of power through all three branches and through the legislative branch between both chambers. Framers put this system in place to avoid tyrannous majorities

Federalist No. 51

"If men were angels, no government would be necessary"; Publius argues a separation of powers will guard against tyranny and allow for each branch to have its own autonomy. Publius also points out that a separation of powers, principles, and tenure will be necessary for the legislative branch since it will naturally predominate.

Checks and Balances

Each branch can limit one another

Bills must be passed through both houses of Congress with a

simple majority (50% + 1 (VP))

President must approve of laws

and can veto it (Article 1, Section 7)

Bill will pass if President does not take action in

10 days

pocket veto can happen if the President does nothing near the end of a

Legislative session

Congress can override veto with a

super majority (⅔) in each house

Advice and Consent

Senate can suggest appointees; though appoint cabinet members and Supreme Court Justices based off President's nominations; Senate committees hold confirmation hearings; simple majority is needed on Senate floor to appoint someone after

Impeachment

power given to House of Reps. to accuse the President, federal judges, or federal officials of wrongdoing and initiate a trial (Article I, Section 2); Senate then holds trial with Chief Justice presiding; needs a ⅔ majority to remove someone from office

Federalism

The sharing of powers between national and state govs; U.S. Constitution created a federal republic system with a system of checks and balances between federal and state governments.

Article iv

supremacy clause makes national law, treaties, and presidential actions above state laws

Tenth Amendment

Powers not delegated to the federal gov. are given to the states; pushed for by Anti-federalists; affects things like schools, police, etc

Exclusive Powers

Powers given exclusively to the fed gov. to create consistency in the nation (standard measures, national currency, etc.); allowing Congress to create a military, interstate commerce, international affairs, etc. (Article I)

Police Powers

Power reserved to states to create laws to create police, run elections, enforce marriage laws, deliver health systems, safety, and enforce morals.

Concurrent Powers

Power held by both state & fed gov; levy taxes, define crimes, run courts, and enforce laws

Overlap

Marriage laws; Defense of Marriage Act (1996) defined marriage as between man & woman; states began creating their own laws allowing for same-sex marriages; arguements over Article IV & 10th Amend.; marriages could be recognized in one state but not the other; led to Obergefell v. Hodges (2015) decision; legalized same-sex marriage in the entire nation

Federal Grant Program

Congress spending revenue on funding states to fix issues; revenue sharing/fiscal federalism; usually used to incentivize states to address safety, crime, education, or civil rights; usually cedes a little power from states; have Constitutional limits: must be for "general welfare" of the public and must be unambiguous.

Categorical Grants

Categorical Grants with Strings, conditions of aid, given with particular congressional guidelines are now the norm; usually susceptible to lobbying, interest groups, and partisanship; limits power of states

Block Grants

Introduced in 1966; grants given for broader reasons; used particularly by Nixon who wanted greater separation; Comprehensive Employment and Training Act of 1973 (CETA) & Community Development Block Grant (CDBG); more state freedom, but less federal oversight of how funds are used.

Mandates

Require states to comply with federal directive; unfunded - no funds were used, funded - funds were used to force states; can be issued by all three branches of gov; often used for civil rights, environmental protection, & societal needs; examples include;

Clean Air Act

Set requirements for states on pollution

Americans with Disabilities Act

Required public sector buildings and transportation to be accessible to people w/ disabilities

Devolution

"New Federalism"; return to greater state power; popularized by Reagan; used more block grants to give states for power & set less regulations

Federal Power

Article I Section 8; enumerated powers: power to tax, borrow money, address piracy, define immigration, and...

Commerce Clause

Allows Congress to regulate interstate trade and international trade.

Necessary and Proper Clause

(Elastic Clause) Grants implicit powers to Congress; can "stretch" the Constitution to do what is "necessary & proper"

Section 9

States what Congress cannot do; Congress cannot tax exported goods, take away the habeas corpus, pass bills of attainder (legislative acts declaring one's guilt), create ex post facto laws (making something illegal after one has committed it), nor grant anyone the title of nobility.