AP U.S. Government Unit 1

Who basically coined the thought that property is bae?

John Locke

Madison based his political philosophy based on this book by John Locke.

The Second Treatise of Civil Government

John Locke firmly believed that government is built on the...

Consent of the governed

John Locke's inconveniences of a lack of government

A distinctive, set law that can "be the standard of right and wrong," A decided person to consider and judge these laws (i.e. decide if they actually are in the benefit of the people), and A decided man to execute the judge's decisions

According to John Locke, why would any man submit to a government?

Uncertainty & insecurity about property

According to John Locke, man must give up these two freedoms in order to join a government.

The power to take the law into his own hands, and the power to only do what he wants just for himself

Made the states into a ✨🌺League of Friendship ✨🌺

Articles of Confederation

Under this, each state was completely equal and had one vote.

Articles of Confederation

Cons of the Articles of Confederation

- Each state has one vote (NJ has the same influence as VA)
- Each state has its own military, not good for defending a whole country
- Congress just kind of hopes that the states will donate money (no taxes)
- National government assumes all debt (except they legit can't pay it)
- Anything not mentioned in the Articles becomes a state's decision (aka individual rights)

To prevent a tyranny of the majority, Madison proposed that the government.....

Limit majority control, separate powers, create checks and balances, and establish a federal system

Give an example of a check/balance within the federal government today.

The president can nominate a judge to the SC, but the Senate must approve.

Economic things the states CAN'T do under the Constitution

Tax imports & exports, coin/issue money, impair obligations of contract

Individual rights the states AND Congress CAN'T inhibit under the Constitution

Grant titles of nobility, pass bills of attainder, ex post facto, or slavery laws, change citizens' privileges or immunities, deny due process or equal protection of the law, impose poll taxes, or deny the right to vote based on race, gender, or age

Things Congress can't do under the Constitution

Congress cannot divide a state to make a new one unless the State Legislature approves, Congress cannot tax interstate commerce

The federal government is obligated to do these things for the states.

Cannot divide states, cannot tax interstate exports, must protect states against invasion

Powers that belong to both the national and state governments.

Concurrent Powers

Give two examples of Concurrent Powers

- Establishing a court system
- Taxes

The right of a government or its agent to take private property for public use, with payment of compensation.

Eminent Domain

Powers specifically granted to the Federal government in the Constitution (ex: declare war, regulate commerce, coin money).

Delegated Powers

Powers of the federal government that are listed explicitly in the Constitution (Same as delegated).

Enumerated Powers

Political powers granted to the United States government that aren't explicitly stated in the Constitution (McCulloch v Maryland/the National Bank)

Implied Powers

Powers held by the U.S. President which are not specified in the Constitution, but which are needed to efficiently perform the duties of the office (Minimum wage,

Inherent Powers

These begin with the power to pass and uphold laws in each state, and include all powers not specifically granted to Congress and the President.

Reserved Powers

How can an amendment be proposed?

2/3 vote in Congress or by national convention called by Congress at the request of 2/3 of state legislatures

How can an amendment be ratified?

Legislatures of ¾ of the states or by ¾ of national conventions set up by states

T or F: The president has some say in whether an amendment passes (aka he can veto it).

False

A way of organizing a nation so that two or more levels of government share formal authority over the same area and people

Federalism

Background: Maryland wanted to tax the National government after the charter for the National Bank went through in 1816.
Topic: Can Congress establish a bank? Is Maryland unconstitutional with taxation?
Effect: Government law is more important than state law, confirms that Congress has implied powers (Necessary & Proper Clause = Elastic Clause)

McCulloch v. Maryland (1819)

Background: Two guys were fighting for control over the Hudson
Topic: Can Congress regulate interstate transportation?
Effect: The federal government has jurisdiction of all interstate travel under the Interstate Commerce Clause

Gibbons v. Ogden (1824)

Background: Baltimore was developing, which meant Barron had lots of sand on his land and cost him a lot of money, so he sued the city.
Topic: Does the state have to pay for destruction of property that happens due to a state's actions? 5th Amendment rights
Effect: Limitations on government stated by the Fifth Amendment were specifically intended to limit the powers of the national government (not the states). The Supreme Court had no jurisdiction in this case since the Fifth Amendment was not applicable to the states. This meant that Barron was not entitled to damages for his property loss from the city under the Fifth Amendment provision on just compensation for a government taking.

Barron v. Baltimore (1833)

Background: A man moved to a free state with his slave, so Dred Scott, the slave, said that he was now free.
Topic: Is a man who moves to a free state from a slave state decide free or a slave?
Effect: Dred Scott Decision. Congress cannot free slaves from people since they are property and they can't do that with the 5th Amendment (would also be making the Missouri Compromise Unconstitutional). Therefore, they said Dred Scott was not a citizen and they wouldn't even see the case. Increases the power of the state because they can decide if their state is free or not.

Scott v. Sanford (1857)

Background: Bakers cannot work more than 60 hours in a week under the Bake Shop Act (which was a state act), and this guy got fined and he did not want to pay those fines.
Topic: Can the 14th Amendment mean that you can interpret a contract as you want? Also, did the Bake Shop Act break the due process clause because Lochner didn't have a trial for his fine?
Effect: This act violates a state's policy powers, so the Bake Shop Act is unconstitutional (under the 14th Amendment, an employer and employees rights are violated). In fact, the working hours do not undermine the health of employees so they can't make any law about it; nor is baking dangerous.

Lochner v. New York (1905)

Background: This guy was arrested because he said he wanted to overthrow the government and create socialist societies, he claimed it was just free speech. The court claimed he could not do it because he was advocating for a violent overthrow of the government. Also, this case said that the incorporation principle allows the Bill of Rights to be incorporated into the states.
Topic: Do first Amendment rights (freedom of speech) prevent states from punishing political speech that directly advocates the government's violent overthrow?
Effect: No, states may punish for this. Barron v Baltimore said that the 5th Amendment did not apply to the states, but now this first amendment of the Bill of Rights is incorporated. (The Supreme Court previously held, in Barron v. Baltimore (1833), that the Constitution's Bill of Rights applied only to the federal government. Gitlow partly reversed that precedent and established that while the Bill of Rights was designed to limit the power of the federal government, the incorporation principle allows it to be applied to states.)

Gitlow v. New York (1925)

Background: Someone brought a concealed gun to school, and he was arrested for violating the Gun Free School Zones Act.
Topic: Was the Gun Free School Zones Act unconstitutional because it was too much for Congress's commerce power?
Effect: Yes. This is a criminal case, not an interstate commerce case, and is left up to the states.

U.S. v. Lopez (1995)

Background: The U.S. wants to require background checks for the purchase of handguns
Topic: Using the Necessary and Proper Clause of Article I as justification, can Congress temporarily require state CLEOs to regulate handgun purchases by performing those duties called for by the Brady Bill's handgun applicant background-checks?
Effect: The federal government cannot mandate that state officers do the government's job of performing background checks for the government. They can do this voluntarily, however.

Printz v. U.S. (1997)

Background: States were selling private information from driving licenses, and the act (named below) came into effect to stop it. However, people really wanted to keep selling private information
Topic: Does the Driver's Privacy Protection act violate Congress's powers under the interstate commerce clause?
Effect: The DPP does not require North Carolina to make their own laws about this. The national government is, however, allowed to do that.

Reno v. Condon (2000)

Background: Same-sex couples sued their states for making gay marriage illegal
Topic: Does the 14th Amendment allow states to NOT recognize a gay marriage that was performed in another state? (Also, equal protection clause & due process from 5th and 14th Amendments because they have the right to pursue happiness)
Effect: No, states must accept gay marriage. Made the government stronger because they decided they got to make universal decisions about social issues.

Obergefell v. Hodges (2015)

No Child Left Behind is an example of...

Devolution

The process by which the National Government transfers responsibility to local and state governments.

Devolution

Federal grants that can be used only for specific purposes or categories, of state/local spending. They come with strings attached, such as non-discrimination provisions.

Categorical Grants

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications (Who gets the National Science Foundation grant?)

Project Grants

Federal grants distributed according toa formula specified in legislation or in administrative regulations (Who gets Medicaid?)

Formula Grants

Using federal $ in one program to influence state/local policy in another

Crossover Sanctions

When a condition on one federal grant is extended to all activities supported by federal funds, regardless of their source (universities cannot discriminate off race)

Crosscutting requirements

Federal grants given more or less automatically to states/local gov to support broad programs in areas such as community development / social services

Block Grants

These direct states or local governments to comply with federal rules under threat of penalties or condition of receipt of a federal grant.

Mandates

Unfunded mandates examples

Clean Air Act, No Child Left Behind, Americans with Disabilities Act