AP gov unit 1

Fundamental Principles of Democracy  

• Direct Democracy – citizens meet and vote directly on government decisions  • Representative Democracy (Republic) – citizens choose officials who make  decisions on government policy 

• Magna Carta (1215) – the first ever attempt to limit the power of the British  King, guaranteed all people certain rights

Enlightenment Philosophers –Locke and Rousseau 

social Contract Theory – principle that people enter into a social contract  with the government and allow to be ruled  

o Consent of the Governed – principle that there are no supreme rulers, all  rulers depend on the approval of the people, when governments fail to  protect rights the people have the right to change the government 

o Natural Rights – principle that all people are born with certain rights: life,  liberty, and property (Jefferson changes property into pursuit of  happiness  

Declaration of Independence

Thomas Jefferson’s document built on principles  of “life, liberty, and the pursuit of happiness” consent of the governed, and social  contract theory. It also justified American revolution against England 

Common Good

Belief in doing what’s best for the nation overall • Popular Sovereignty – Belief that the ultimate authority rests with the people • Majority Rule – Belief that government is run based on the will of the majority

 The First Government – Articles of Confederation 

 Weak association of states (states very independent) 

• No central executive power 

• No federal power to tax citizens directly 

• Federal government could raise an army, (but not pay for it), print money,  declare war, and run the post office 

• 9 out of 13 states were required to vote to pass a law 

• With no strong central government supervision, states could get away with  taxing and printing money, and making foreign treaties,  

 Shays’ Rebellion

Farmer rebellion in Massachusetts 1786-1787 protesting  mortgage foreclosures and terrible economy.  Rebellion represented how weak  the central government was, and terrified many Americans  

Constitutional Debate 

Constitutional Convention meets in Philadelphia, 1787 to write new constitution • All delegates supported Representative Democracy (Republic) – democracy  where people elect representatives who pass laws 

• Supported three branches – executive, legislative, and judicial 

• Serious debate between Federalists vs. Anti-Federalists, North vs. South, Big  States vs. Small States over new government  

 North-South Compromises

– 3/5 Compromise counted slaves as 3/5 of a person  to give the south more representatives

Connecticut Compromise – (Bicameralism)

Established two equal bodies  (House of Representatives and Senate) one based on population, one giving all  states equal representation.  This was a compromise between big states (Virginia  Plan) and small states (New Jersey Plan) over the format of the Congress 

Federalists

(Hamilton, Madison) supported the Constitution because it gave  power to a strong central government.

Anti-federalists

opposed the constitution  because they thought the national government would become tyrannical and  take power away from the states and lacked a Bill of Rights to protect individual liberties.

Federalist Papers

articles written by Madison, Hamilton, and Jay arguing for  the constitution 

o Federalist Paper #10 – written by Madison, discusses importance of  factions, factions are inevitable, but factions are best handled by a large  republic. 

o Federalist Paper #51 – written by Madison, discusses the importance of  checks and balances and the separation of powers in the constitution to persuade the public to support ratification.

Weaknesses in the Articles of   Confederation

Congress could not tax, it relied on  contributions from states

Congress couldn’t regulate interstate  trade

No chief executive to enforce the law

No national judiciary to handle state  fights

Each state was given only one vote

How the Constitution Fixed these  Problems

National government had power to tax  directly

Interstate Commerce Clause gives  Congress interstate regulatory power

Article II creates president who enforces  the law

Article III creates Supreme Court

Bicameral legislature represents states  both by population, and equality The Constitution addressed these issues by granting the national government powers such as the ability to tax directly, regulating interstate commerce, establishing a president to enforce laws, creating a Supreme Court for judicial oversight, and implementing a bicameral legislature that represents states based on both population and equal representation.

The Constitution of the United States of America 

 Article I –Legislative Branch 

• Article II –Executive Branch 

• Article III –Judicial Branch 

• Article IV – Interstate relations 

• Article V – Amendment process\

  • Article VI – Supremacy Clause

• Article VII – Ratification process

Separation of Powers

Each of the three branches has its own power and  independence 

1. Legislative Branch – Passes laws 

2. Executive Branch – Executes laws 

3. Judicial Branch – Interprets laws (this power comes from Supreme  Court Case Marbury vs. Madison – set dogma of judicial review,  

where the Supreme Court may rule an act of the President or  

Congress unconstitutional) 

Checks and Balances

– Each branch has some power over the others, but retains  independence: 

Powers of the branches

Legislative	Executive	Judicial
• Approves budget  • Passes laws   • Can override veto  • Can impeach  president, judges  • Approves  appointments and   treaties  • Confirms judges and  cabinet  appointments	• Can propose laws  • Can veto laws  • Can call special  sessions of congress  • Can appeal to public • Appoints officials   and judges  • Can pardon  convicted felons	• Interprets laws  • Can declare  executive acts and  legislative laws  unconstitutional

Federalism

Separation between powers of the Federal, State, and Local  governments 

Confederacy

System of government in which the central government is very  weak, and most of the true power lies in individual states 

Unitary System

System of government in which the central government is  extremely powerful, and individual states have few powers 

Dual Federalism Vs Cooperative Federalism

aka “Layer Cake” Federalism (1789-1932) – Belief that the state  and national governments are supreme within their own sphere of influence

• Cooperative Federalism, aka “Marble Cake” Federalism – sharing powers  between state and federal governments 

Fiscal Federalism

government’s patterns of spending, taxing, and providing  grants to influence state and local governments 

 Grants-in-aid

money given from the federal government to the states o Categorical grants – federal grants for specific purposes (building an  airport) 

Block grants

broad grants from the federal government that give  local/state governments a lot of freedom to spend money as they please  without many strings attached.  The Welfare Reform Act of 1996 began  transferring more authority back to the states through block grants 

o Revenue sharing

federal sharing of a fixed percentage of its revenue  with the states 

o Mandates

terms set by the federal government that states must meet  if they accept federal grants 

devolution

process of returning power to the states, this began during New  Federalism under presidents Nixon, Reagan, and Bush

Federal Powers – Express, Implied, and Inherent powers : 

1. Express powers – powers listed (enumerated) in the constitution for  the Federal government: go to war, raise an army, regulate interstate  and foreign commerce, establish post offices 

2. Implied powers – Based on necessary and proper clause (elastic  clause) – gives congress flexibility to make laws necessary and proper  for carrying out express powers, upheld in McCulloch v. Maryland 

3. Inherent powers – powers dealing with foreign policy not in  constitution, but given to federal government 

Federal Powers   (Expressed, Implied,   Inherent)

Federal and State Powers  (Concurrent)

State Powers (Reserved)

• Regulate interstate  commerce  • Coin/print money • Provide army  • Declare war  • Establish federal   courts • Set foreign policy  • Make all laws  “necessary and  proper”

• Levy taxes  • Spend for general  welfare  • Enact and enforce  laws

• Regulate intrastate  commerce  • Establish local   governments  • Establish public  schools  • Administer  elections  • Establish licensing  requirements

denied Powers

Powers explicitly denied to government: 

o suspending writ of habeas corpus (being imprisoned without formal  accusation) 

o passing bills of attainder: laws that declare a person to be guilty o ex post facto laws: “after the fact,” laws that make an act illegal after it  was performed 

Concurrent Powers

 (shared by Federal and State governments) – power to tax  and spend, establish courts, make laws 

Reserved to States (10^th amendment)

any power not denied nor given to  federal government is reserved for state governments (create local  governments) 

Supremacy Clause

Federal law is superior to state law. This came out of the  court case McCulloch vs. Maryland, in which there was debate as to whether or  not the Bank of the United States had to pay Maryland state taxes.  The Supreme  Court ruled that because the Bank of the US was NATIONAL it did not have to  follow Maryland STATE law.  This ruling overturned the idea of nullification by  which states could override federal law 

Interstate Commerce Clause

Gives Federal Government authority to regulate  all of interstate commerce.  This clause gives the federal government authority  

to regulate businesses that go between state lines, and justifies many federal  laws (Civil Rights Act) 

Take Care Clause

president must enforce ALL laws passed by congress

Full Faith and Credit

states must honor laws and court rulings of other states 

Privileges and Immunities

requires states to extend same privileges and  immunities to all citizens (even of other states) 

Bill of Rights

– First 10 amendments to the Constitution that guarantees  individual and states’ rights.  This was a concession the federalists made to the  anti-federalists to ensure constitution would be ratified 

o Amendment 1 –  freedom of speech, assembly, petition, religion, press o Amendment 2 – right to bear arms 

o Amendment 4 – no unreasonable searches and seizures 

o Amendment 5 – right to a trial, no double jeopardy, individuals are not  required to testify against themselves 

o Amendment 6 – right to a speedy, public, and impartial trial with lawyer o Amendment 8 – no excessive bails or fines, no cruel and unusual policies o Amendment 10 – powers not given to the federal government or denied  of the states are reserved to the states (states rights) 

 How to Amend the Constitution 

1. 2/3 of congress propose amendmentà3/4 of states ratify it 

2. State convention called by 2/3 of states propose amendmentsà3/4 of  states ratify (this method has only been used once, 21^st amendment)