unit 1 test

roots of american gov

enlightenment

england

enlightenment

an awakening of human potential

end of 1400s - start of 1700s

scholars began searching for answers by themselves (“dare to know!”)

john locke ideas about government

natural rights

social contract

popular sovereignty

social contract

people give up a small portion of natural rights to gov in order to let gov protect the rest of natural rights

popular sovereignty

consent of the governed - government gets its power from the people

england

americas mother country, influenced by tradition

magna carta (1215)

written contract stating that from then on, kings + government of England had to obey the law just like everyone else → limited power of English kings

how did magna carta influence American gov?

americans incorporate idea of “limited government” in their gov

republicanism

electing representatives to make laws for the people

democracy

rule by the people

participatory democracy other term

direct democracy

direct democracy other term

participatory democracy

participatory/direct democracy

people vote directly on laws or policies themselves, instead of having elected representatives make the decision for them

pluralist democracy

interest groups compete to influence government policy (interest group tries to convince gov to make policies the way they want it)

elite democracy

when a few powerful, wealthy corporate leaders have more influence on policy than the average citizen

articles of confederation

americas first government

a direct reaction to government that colonists had under England’s monarchy

very strong state governments, weaker federal gov

problems of articles of confederation

1. bad financial situation after war - had to pay soldiers, war debt, + military expenses + support country’s needs — but couldn’t tax Americans directly

2. no army - only state militias → shays rebellion

shays rebellion

Massachusetts needed money to pay off war debt + run new gov → raised state taxes → farmers couldn’t pay debt/taxes → state courts threatened to seize their property → farmers rebelled against state gov → US had no federal army, could not crush rebellion effectively

weaknesses of articles of confederation (1)

1. 9 out of 13 states had to agree to pass a law, all states had to agree to amend articles → made it hard to change much

2. national congress could not tax people directly

3. national gov could not raise an army

weaknesses of articles of confederation (2)

1. no national court system

2. conflicting state currencies

3. national congress could not regulate commerce

federalists

believed articles of confederation needed to be changed in a major way

believed national gov should be most powerful and state govs should be weaker

anti-federalists

believed that articles of confederation were too weak, but wanted to fix it instead of replace it

believed national gov should be weaker and state govs should be powerful

constitutional convention (1787)

federalists drafted a new constitution → required a lot of compromises (great compromise, 3/5ths compromise, electoral college compromise, compromise on importation of slaves)

great compromise

compromise between small and large states

all states got 2 senators, regardless of population

number of representatives in house in each state based on population

3/5ths compromise

agricultural, southern states wanted slaves counted in populations to give them more power in house

northern states did not want this

→ compromised by making each slave count as 3/5ths of a person

electoral college compromise

compromise to satisfy small states

a states electoral votes equal number of senators plus the number of house of representatives (no matter how small a states population is, it will still have 3 electoral votes)

compromise on importation of slaves

10 of 13 states had already banned import of new slaves into US

3 states left (georgia + carolinas) threatened not to ratify constitution if importing slaves was banned

compromise → congress would ban importation of slaves starting in 1808

implied powers

powers not explicitly stated but inferred from enumerated powers and necessary + proper clause

mcculloch v maryland (1819) background

congress created 2nd BUS + opened branch in Baltimore → Maryland did not want BUS there bc would compete with their state banks → Maryland put large tax on BUS hoping to drive it out of business → mcculloch (branch manager) refused to pay → Maryland sued → SCOTUS

mcculloch v maruland issue

1. does congress have authority to charter (create) a bank?

2. can a state tax the US?

mcculloch v maryland holdings

1. yes, for congress to carry out its enumerated power of regulating commerce, its necessary + proper for congress to create a bank

2. no, a state cannot tax national gov bc of supremacy clause

16th amendment

congress can levy an income tax

14th amendment

grants birthright citizenship, guarantees equal protection under the law

10th amendment

powers not dedicated to federal gov by constitution, nor prohibited by it to states, are reserved for the individual states

state powers

1. plan setting/time for senator + representative elections

2. appoint electors to vote for president

3. police/reserve powers

state police/reserve powers

1. states can legislate for public health, safety, + morals of citizens

2. regulate commerce within a state (intrastate)

3. establish local governments

commerce

buying, selling, trading goods and services

gibbons v ogden (1824) background

state of NY grande steamship operator exclusive right to operate steamships on Hudson River, US congress granted exclusive right to operate on Hudson to different company

gibbons v ogden issue

can the US grant an exclusive right to operate on a river in the middle of a state?

gibbons v ogden holding

yes, national gov has right to grant exclusive right bc constitution gave national gov power to regulate interstate commerce

concurrent powers

powers that both state and national govs have (ex. taxing)

dual federalism/layer cake federalism

there should be a very strong boundary between powers of national gov and state gov

late 1800s - great depression (governments needed to work together to recover after great depression - part of new deal)

cooperative federalism/marble cake federalism

national and state govs share power and work together to solve issues (after great depression)

grant

also called grant-in-aid

allocation of federal funds to a state/local gov for some purpose

categorical or block

categorical grant

a grant given to state/local govs for a very specific purpose

block grant

a broad grant with few strings attached, given to state/local govs for broad categories such as education

federalism in supreme court

from great depression until 1990, supreme court generally expanded national govs authority at expense of the states (used commerce clause a lot to justify)

south dakota v dole (1987) background

in 1984, congress enacted legislation ordering secretary of transportation to withhold 5% of federal highway funds (transportation grants) from states that did not raise their legal drinking age to 21. south dakota had a drinking age of 19

south dakota v dole (1987) issue

can federal gov withhold part of a transportation grant from a state that doesn’t raise its drinking age?

south dakota v dole holding

yes, congress is authorized to make this law for general welfare of nation

US v lopez (1995) background

congress passed gun free school zones act of 1990 → lopez, 12th grade, brought loaded handgun to school→ got arrested + charged under GFSZA → congress said that their authority to make this law was commerce clause, lawyer argued wasn’t a commerce clause case

US v lopez holding

yes, GFSZA exceeds congress’ authority, possession of a gun in a school zone is not economic activity that has an effect on interstate commerce

federal revenue sharing

federal program lasting from 1972 to 1986 that sent money from fed gov to state/local govs to use as each gov saw fit

virginia plan

big states favored at constitutional convention, wanted bicameral legislature + representation based on each states population

new jersey plan

small states favored at constitutional convention, wanted one-house legislature + one vote per state

full faith and credit clause

states must recognize official laws, records, and court decisions of other states

marbury v madison

judicial review

brutus #1

Opposes the Constitution bc gives too much power to federal gov

Brutus fears a large republic will become disconnected from the people + Necessary and Proper Clause and Supremacy Clause will allow federal power to expand

federalist #10

Argues that factions are unavoidable but can be controlled in a large republic. A large and diverse nation makes it harder for one faction to gain enough power to oppress others.

federalist #51

Explains checks and balances and separation of powers. Because people and politicians naturally pursue their own interests, government should be structured so that “ambition counteracts ambition.”

federalist #39

Explains why the Constitution is republican and federal. It is republican because power comes from the people, and federal because power is divided between the national and state governments.

federal negative

the idea that the national government should have some power to override or veto state laws that conflict with national interests