AP Government Unit 1: Foundations of American Democracy

Limited Government

a governing or controlling body whose power exists only within pre-defined limits that are established by a constitution or other source of authority. The government doesn't have absolute authority. The government only has the power that the constitution gives.

Social Contract

the authority to rule is granted to the government by the people who make the contract with the government. People agreed to give up power voluntarily to the state in return for the state's service to the general wellbeing of the people. Theory promotes popular sovereignty, limited government, and individual right.

Natural Rights

the idea that all humans are born with rights. That which is inalienable cannot be bought, sold, or transferred from one individual to another. The personal rights to life and liberty guaranteed by the Constitution of the United States are inalienable.

According to John Locke , what three rights must the government protect?

life, liberty, and property

Which three rights are mentioned as unalienable in the deceleration of independence?

Life, liberty, and pursuit of happiness

Define popular sovereignty

the concept that political power rests with the people who can create, alter, and abolish government. People express themselves through voting and free participation in government

Define republicanism

a form of government in which power resides in the people and is exercised by their elected representatives

Define equality

the state of being equal, especially in status, rights, and opportunities

Which of these ideas of democracy are reflected on the Declaration of independence? Quotes to support?

I think elite democracy is presented in the deceleration of independence because in order to be a leader or of higher power in that democracy you have to own land, be of a certain age, and have some type of political background so when the framers were making requirements of who is able to hold certain positions they made sure that they had similar characteristics as them. Old, rich (with land), and educated.

Define participatory democracy. Give and example.

a political system in which all of most citizens participate directly by either holding office or making policy. The town meeting, in which citizens vote on major issues, is an example of this type of democracy

Define pluralist democracy. Give an example.

is the idea that the policy making is open to lots of groups who have different interests. Each of these groups has potential to influence policy making, but no one group dominates all political decisions. Example is the AARP (American Association of Retired Persons --> empower people to choose how they live as they age) A model of democracy that emphasizes the need for different organized groups to compete against each other in order to influence policy.

Define elite democracy. Give an example.

a form of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision making. A model of democracy that emphasizes limited participation in politics and civil society.a theory of government and politics contending that societies are divided along class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental organization

Which type of democracy would Madison argue combats against factions (Federalist 10)

He defended a republican government proposed by the constitution. People argued that the proposed government was too large and would be unresponsive to the people.

What type of government did the Anti-Federalists argue in Brutus No. 1 was best? why?

One argument that was in Brutus No. 1 made was the federal government had immense power which required the people to sacrifice their liberties. They also argued that the bill of rights was necessary in the document in order to protect the people from the government. They wanted a weaker central government.

According to Brutus, what could happen to the individual rights as the scope of government grew?

Individual rights wouldn't exist they would be over shadowed by the government and their rights wouldn't be valued.

What type of government did the Federalist argue in Federalist 10 was best? Why?

The Federalist wanted a strong government and a strong executive branch. They also didn't want the bill of rights.

Define the confederation/ confederate system.

Confederation: is a group of people, countries, organizations, etc. that are joined together in some activity or effort. An organization which consists of a number of parties or groups united in an alliance or league.

Why did the founders establish the confederate system upon declaring independence?

They founded a confederate system because they wanted to come together to create a government that would free them from being under the rule of England.

What did the American government look like under the Articles of Confederation? Be specific!

The Articles was the first governing document that attempted to establish a national government. The Articles called for the individual states to maintain supreme power over a national government with restricted governing authority. A form of government in which states hold power over a limited national government.

What were three weaknesses of the Articles of confederation?

Economic: Congress did not have the power to tax and they didn't have the power to regulate foreign and interstate commerce

Leadership: No executive branch to enforce any acts passed by Congress. Also, there was no national court system or judicial branch

Military: Almost every state had its own militia, but the national government was unable to gather a combined military force.

What incidents highlighted key weaknesses of the Articles of Confederation?

Shays Rebellion: Showed the weaknesses of the Article of Confederation because the central government couldn't put down the rebellion. An armed revolt that lasted for six months in January 1787; more than a thousand armed soldiers, led by Daniel Shays, seized an arsenal in Massachusetts to protest high taxes and the loss of their farms due to debt.

The Great Compromise

An agreement by the framers that the House of Representatives would be the larger house of Congress and include members that were directly elected by the citizens to serve two-year terms and that the Senate would be the smaller house of Congress and include members who were appointed by state legislatures for six-year terms.

Electoral College

A system for electing the president in which each state is provided a certain number of electoral votes equal to the number of its representatives plus the number of its senators.

Three-Fifths Compromise

A decision made during the Constitutional Convention to count each slave as three-fifths of a person in a state's population for the purposes of determining the number of House of Representatives members and the distribution of taxes.

Slavery (couldn't be solved at the convention)

The practice or system of owning people. Using them to do free labor.

Slavery amendments are the 13th, 14th, and 15th

Right to vote (couldn't be solved at the convention)

The 15th amendment says the right to vote shall not be denied on account of race.

SCOTUS has said fundamental right protected under the equal protection

Define seperation of powers

The division of government power across the executive, legislative, and judicial branches.

What did Madison say about separation of powers in Federalist 51?

Essay written by James Madison to address concerns raised by the Anti-Federalists, who feared that the national government would grow too powerful. Promoted the ratification of the Constitution; argued that the federal system and the separation of powers would prevent any one part of the government from becoming too powerful.

Define checks and balances

A system in which each branch of government has some power over the others in order to limit the abuse or accumulation of power by one branch.

What does Madison say about checks and balances in federalist 51?

When power is granted, it is natural to want to expand that power. The system of checks and balances ensures that one branch of government can never have too much power over the other branch.

Checks on the legislative branch: The Legislature is broken into bicameral structure with both the House and the Senate having different functions and duties. Additionally, they serve different terms and have different requirements for serving. They were the most power branch due to the necessary and proper clause so Madison thought they should be checked.

Define Federalism

A key constitutional principle that calls for the division or separation of power across local, state, and national levels of government.

Define enumerated powers. Where can they be found in the constitution?

Powers that are expressly written in the Constitution. This is found in the constitution in Article 1 section 8 is a list of powers vested to congress.

Define implied powers.

those delegated powers of the national government that are suggested by the expressed powers set out in the constitution. Powers supported by the Constitution that are not expressly stated in it.

What constitutional clause gives congress implied powers. Define the clause.

The Necessary and proper clause gives congress implied power. A statement in Article I of the Constitution giving Congress the implied power to expand the scope of its enumerated powers.

What clause gives the President implied powers? Define that clause.

The president's constitutional authority to control most executive functions. Article 2 of the constitution grants presidents the vesting power . "Article II, Section 1, Clause 1: The executive Power shall be vested in a President of the United States of America."

Define reserved powers. Where can they be found in the constitution?

Powers that are neither delegated to the federal government nor denied to the states. These powers are not expressly listed in the Constitution but are rather guaranteed to the states by the Tenth Amendment. 10th amendment reserve the powers for the states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Define concurrent powers. Give an example.

Powers that are those held by both the federal and state governments.

Example: the power to tax, build roads, create lower courts, and establish bankruptcy laws

Define dual federalism. When was this most prominent?

the idea that having separate and equally powerful state and national governments is the best constitutional arrangement. Basically a system of government where the state and national government remain supreme in their own spheres each responsible fr some policies.

Define cooperative federalism. When was this prominent?

in which the national and state governments share responsibility for public policies.

revenue sharing

The distribution of tax dollars or other revenue from one level of government to another, such as from the federal government to a state government, Provinces or states may share revenue with local governments, or national governments may share revenue with provinces or states.

Example: Safe Streets Act of 1968, contained elements of Special Revenue Sharing, as states were given some leeway in designating federal funds in the areas of health and law enforcement.

How concept impacts the balance/ who benefits most: this is a balance of power and doesn't give either side more power than the other. No one benefits most.

Mandate (unfunded mandate)

when a new piece of federal legislation requires another entity to perform functions for which it has no funds. Is a statute or regulation that requires a state or local government to perform certain actions, yet provides no money for fulfilling the requirements.

Example: Congress created an unfunded mandate with the Internet Tax Nondiscrimination Act of 2004. This prohibited states from collecting sales taxes on internet purchases. That cost states between $80 million and $120 million in annual revenue.

Example: Another unfunded mandate is reducing federal funds to administer Food Stamps or other welfare programs. The 1998 reduction in food stamp administration costs added $5 million to state budgets.

Example: Eliminating federal matching funds for states to administer child support enforcement.

How concept impacts the balance/ who benefits most: the federal government creates unfunded mandates when it reduces an organizations ability to pay for an existing mandate. it either cuts funds marked for the program, changes requirements for receiving funds or interferes with governments ability to raise funds through taxes. Congress benefits the most because they are allowed to create laws for other bodies without providing funding. It reduces the ability of states and local jurisdiction to develop, fund and manage programs according to their particular needs.

Categorical grants

Federal grants for specific purposes, such as building an airport. Federal money gives to states with very strict, narrow, and specific rules to what the money should be used for. Was preferred by interest groups. States are never required to accept a categorical grant, but if they do, they must adhere to the rules and regulations of that grant or it will be withdrawn.

Example: the federal government may offer the state's money for implementing a seat belt program, for which there are certain requirements the state must fulfill. The federal government achieves its goal of making the roads safer for the majority of Americans, without stepping on the authority of the individual states.

How it impacts the balance/who benefits most? The federal government benefits the most because they control the money that the states are given. This gives the national government more power.

Block Grant

Federal money given to states with only general guidelines for its use. Gives states the flexibility of allocating where the money goes. Conditions of aid and mandates are usually attached to it. They are large chunks of money given to state and local authorities by the federal government for general purposes, such as public enforcement, law enforcement, or community development. They usually have few strings attached to them and give a lot of discretion to the local and state governments in how to spend the money.

Example: One of the biggest block grants are called Temporary Assistance foe Needy Families (TANF). This is known as welfare. This block grant replaced an earlier categorical grant called Aid to Families with Dependent children (AFDC), which places a lot of retirements on the states. Now, under TANF, states have more control over how money is spent.

How concept impacts balance/ Who benefits most? Here the states benefit the most because they are given the money and are free to do what they want with that money. They get flexibility.

10th amendment

A section inn the Bill of Rights that basically says that any power that is not given to the federal government is given to the people or states.

How it impacts the balance/ who benefits the most? Here the states benefit because they are taking some of the power away from the federal government.

14th Amendment

This amendment defines national citizenship for all and forbidding the states to restrict the basic rights of citizens or other persons. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former Confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts

How it impacts the balance/ who benefits the most? Here the government is benefiting more because they are regulating what the states can do. They are making their law the supreme law of the land.

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. This gives congress the right to regulate interstate and international commerce.

How it impacts the balance/ who benefits the most: Here it gives government more power because they are regulating the commerce and what certain states can do ( Heart Atlanta motel v. United states) or ( Gonzalez v. Raisch)

Necessary and proper clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

How it impacts the balance/ who benefits the most? Here government once again benefits the most and gain more power over the states because if they feel something necessary and proper then they have the right to make that change. (McCulloch v. Maryland)

Supremacy clause

a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary.

How does it impact the balance/ who benefits most? Here the government is given the power over the states because which ever law that is passed becomes every law in the state.

Summarize the facts of McCulloch v. Maryland (1819)

In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank. Landmark Supreme Court decision that affirmed the constitutionality of implied legislative powers by holding that the necessary and proper clause authorizes Congress to create a national bank; also established the supremacy of the U.S. Constitution and federal laws over state laws.

Question:

Did Congress have the authority to establish the bank?

Did the Maryland law unconstitutionally interfere with congressional powers?

Conclusion:

In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. They expanded the Necessary and Proper Clause. Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined "necessary" to mean "appropriate and legitimate," covering all methods for furthering objectives covered by the enumerated powers.

Summarize the impact on the balance of power between national and state government, based on the holding in McCulloch v. Maryland.

I think that this impact the balance of power because it established that the federal government has power of the state when the national government feels its necessary and proper.

Summarize the facts of United States v. Lopez (1995)

Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after 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.

Question:

Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

Conclusion:

With a 5-4 decision the court decided Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. (didn't involve ICC so SCOTUS couldn't get involved and therefore was handled by the states)

Summarize the impact on the balance of power between national and state government based on the holding in United States v. Lopez (1995)

This case shows that the state laws have some power over the government unless it has to deal with enumerated powers if not then the government leaves it to the states

How does public education showcase the complexity of federalism?

This shows the complexity of federalism because with education there is a separation of power between the states and the national government. There are things that the Government can enforce on education and then there are things that the states can enforce on education. State authorities have more control over education in the US the education system than federal or local authorities. In fact, the Constitution does not provide for education under its clauses, but since education is so important; the government has ensured that education is available to all without unequal measure. So overall power and law making for schools is given to the states due to the 10th amendment, but the government can step in if any laws that the states make violate rights of individuals (general welfare clause and Necessary and proper clause)

Example: Brown v. Board of Education

How does the legalization of marijuana showcase federalism?

Twenty-six states have passed statutes that legalize marijuana to some extent. Some have legalized it for recreational use. Others have only legalized it for medical purposes. Yet, marijuana possession remains a crime on the federal books. One of the dirty secrets of the law is that every state makes it illegal to sell, deliver, possess with the intent to sell or deliver or manufacture controlled

What current issues involve federalism?

Gun laws- states have certain laws and the government has some as well

exotic animals- when there is a bird that is protected by the government but the state wants to chop the tree down becaasue its in the way but that bird is nesting in the state tree so who's laws hold the most power. The state that wants to chop down the tree because its on state property or the bird that is protected by the government nesting in the state tree.