Unit 1- Foundations of American Democracy

Natural Rights

All people have certain rights that cannot be taken away from them

Social Contract

An implicit agreement among the people in a society to give up some freedoms to maintain social order

Popular Sovereignty

All government power comes from the consent of its people

Limited Government

A government power cannot be absolute

Separation of Powers

The idea that government should be divided into branches each with its own responsibilities to prevent any one branch from becoming too powerful

Checks and Balances

A system that gives each branch the power to limit other branches

Federalism

A system of government that divides power between a national or central and state or subunit government

Republicanism

A form of government in which the power is held by the people, either directly or through elected representatives

Participatory Democracy

Broad participation in politics and civil society today

Examples in government today

Initiatives: Voters put measures on the ballot to vote for laws

Referenda: Oppose a law that legislators have already passed, the people then vote if they approve or dissaprove

Elite Democracy

Limited participation, just well-educated informed statespeople '

Example in government today: Supreme Court;electoral college

Pluralist Democracy

Describe group-based activism by nongovernmental which work to impact political decision-making

Examples in government today: States representing the interests of their citizens

Elite

Provide for elected representatives that legislate on behalf of the people

Participatory

In order to get a law passed, various interests, both sides have to compromise to get it done

Pluralist

Seperation of power federal and state governments

Brutus

Feared tyranny of central government; keep power in the hands of the state

Federalist 10

So much diversity in the population, all the factions would have to compete against one another; all the competition would protect the union

Weakness of Articles of Confederation

Unicameral Congress was the only national authority-no executive branch, no national court system'

Could not regulate interstate trade

Could not directly levy taxes on the people or coin money

Could not draft troops- states often deny request for troops/taxes

9/13 states had to agree before any actions were done- 13/13 needed for new amendment

Shays Rebellion

Veteran farmers in debt

Pensions that were promised for fighting in the war weren’t being paid (no taxes to pay it!)

Debt-Debtor’s Prison

Shays, others marched on Massachusetts Court House, took it hostage until demands were met. They also tried to seize weapons from the federal arsenal.

Great Compromise AKA Connecticut Compromise

Grand Committee- one delegate from each state

Bicameral Legislature: Lower(HOR)- Popularly elected, upper(senators): 2 per state, elected by state legislatures

3/5 Compromise

Each slave counted as 3/5ths a person for representation and taxation purposes

Slave Trade Compromises

Importation of slaves cannot be banned until 20 years in 1808

Commerce Compromise

Congress could tax imports not exports

Electoral College (Elite Democracy)

Indirect election of president and vice president

Each state elect electors

#of House + # of Senators

Majority of electoral votes to win- if none House chooses president, and Senate chooses vice president

Federalist

Supporters of the proposed Constitution, who called for a strong national government '

Pointed to problems under Articles of Confederation

Published Federalist Papers to tell the Constitution to the public and push delegates to ratify it

Faction

A group within the government that is adverse to the rights of other citizens

Federalist- large republic protect the rights of citizens from a small group of elites

Anti-Federalist- need Bill of Rights to prevent elite from having too much power

Bill of Rights

Civil liberties to the people

Amendment Process

Detailed in Article 5. It requires a two-thirds majority in Congress (or a national convention) to propose an amendment, followed by ratification by three-fourths of the states.

Enumerated Powers

Powers specifically granted to the governement by the Constitution 

Implied Powers

Not expressly stated in the Constitution- elastic or necessary and proper clause

Reserved Powers

Powers held solely by the states

10th Admendment

The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states

Concurrent Powers

Excercise by both the national and state governments- taxing, borrowing money, establishing courts

Block Grants

National funding with minimal restrictions on its use

Federal Revenue Sharing

National funding with almost no restrictions to its use

Categorical Grants

National funding that is restricted to specific categories of expenditures (most used)

Mandates

A ruling telling states what they must do to comply with federal guidelines- could be unfunded 

Devolution

A movement to transfer the responsibilities of government from the federal government to state and local governments 

Initiative

A process that allows citizens to bypass their state legislature and propose laws or constitutional amendment

Necessary and Proper Clause

Gives Congress the power to make any laws that are "necessary and proper" to carry out its explicitly listed, or enumerated powers

Supremacy Clause

Courts of the national government overule state governments 

Due Process and Equal Protection Clause

The Due Process Clause requires government to follow fair procedures and respect individual rights (life, liberty, property), while the Equal Protection Clause prohibits states from unfairly discriminating against any person within their jurisdiction

Commerce Clause

The Commerce Clause is a part of the U.S. Constitution that gives Congress the power to regulate business and trade among the states, with foreign nations, and with Indian tribes. In simple terms, it allows the federal government to create laws about commerce, which includes the buying and selling of goods and services that cross state lines or affect the national economy.

Declaration of Independence

Author: Thomas Jefferson, Committee of 5

Main points/Arguments:

Why?

1. If you're going to break away, the right thing to do is say why

2. Not meant to be private

3. Rally the troops

4. Secure foreign allies

“Endowed by their Creator with certain unalienable rights” is a clear example of John Locke's Natural Rights Theory

Social contact- Government institutions among people

Popular Sovereignty- Government gets power from the people

Claim- Jefferson says they’re justified in declaring independence from Britain because they have violated their rights

Articles of Confederation

Author: John Dickinson

The Articles of Confederation established the first government of the United States, creating a weak central authority with power primarily residing in the states. Fearing a powerful central government like the one they fought against under British rule, the Founders designed a "league of friendship" among the states. This structure gave the central government no power to tax, regulate interstate commerce, or enforce its laws, relying instead on requests for money from the states, which were often ignored. Lacking an executive branch to enforce laws and a judicial branch to resolve disputes, the national government was largely ineffective and struggled to manage economic instability and resolve conflicts between states. The critical weakness was exposed by events like Shays' Rebellion, where the national government's inability to raise an army to suppress the uprising highlighted the need for a stronger federal system, ultimately leading to the Constitutional Convention.

U.S. Constitution

Created a Republican form of government opposed to a confederacy

Solved the problems of the Articles of Confederation by investing a lot more power in the government

Article 1 is the longest because it represents the people

• Section 8: Specific powers the Congress has

Article 2: Executive branch

• President=commander and Commander-in-Chief, and passes laws

Article 3: Judicial branch

• Establishes a Supreme Court

Article 4: Relationships among the states

Article 5: Amending the Constitution

• Proposal-2/3 votes both houses of Congress- 26 times- ¾ state legislatures- 1 time- ¾ special state convention

• Never used: 2/3 vote of national convention

Federalist #10

Author: James Madison

Argues for a large republic-makes it harder for any one faction to dominate

2 possible solutions to factions: remove their causes by destroying liberty, and control their effects through the structure of government

• The first solution won’t work because human nature will always have different opinions

We are not perfect “angels”, so we need a government to protect liberty

• Strong but not too strong that it destroys- separation of powers + plus checks and balances

Legislative will dominate-the only branch directly elected by the people

• Separate into Senate and House

Through federalism, liberty will be upheld

Brutus 1

Author: Robert Yates

Argues for the confederation of state governments

Representives could not accurtley express all the diverse opinions of the people equally- big country

Worried about the Necessary and Proper Clause and the Supremacy Clause

Once people give up their power to government, it’s very hard to get back- regaining that power could only happen through force

Federalist #51

Author: James Madison and Alexander Hamilton

Explains that the Constitution's structure, with its separation of powers and checks and balances, protects liberty by dividing government power and ensuring that ambition in one branch counteracts ambition in another

McCulloch v. Maryland (1819)

Background

Creation of the Bank: Congress chartered the Second Bank of the United States in 1816, an action opposed by states like Maryland that had their own state banks.

Maryland's Tax: The state of Maryland passed legislation in 1818 to tax any banks in the state that did not have a state charter, effectively targeting the national bank's branch in Baltimore.

Refusal to Pay: James McCulloch, the cashier of the Baltimore branch, refused to pay the state-imposed tax.

The Supreme Court's Ruling

The Supreme Court, under Chief Justice John Marshall, addressed two key questions:

Could Congress establish a national bank?

The Court said yes, ruling that the power to create a bank was an implied power granted to Congress through the Necessary and Proper Clause of Article I, Section 8 of the Constitution. This clause allows Congress to make all laws "necessary and proper" for executing its other powers, such as coining money and regulating commerce.

Could Maryland tax a federal institution?

The Court said no. It held that the states could not tax the federal bank because the Supremacy Clause (Article VI) makes the Constitution and federal laws the supreme law of the land. States could not interfere with the constitutional functions of the federal government.

Impact

Federal Supremacy: The case affirmed that federal law and institutions are supreme over state laws and institutions.

Implied Powers: It solidified the concept of implied powers, demonstrating that Congress has powers beyond those explicitly listed in the Constitution to effectively carry out its duties.

Federal Power: The decision significantly expanded the power and authority of the federal government in relation to the states.

U.S. v Lopez (1995)

Background and Facts

• The Law:

  The Gun-Free School Zones Act of 1990 made it a federal crime to possess a firearm within a school zone. 

• Alfonso Lopez:

  In 1992, 12th grader Alfonso Lopez carried a concealed .38 caliber handgun and five bullets to his high school in San Antonio, Texas, claiming he was only delivering it to someone else. 

• Charges and Challenge:

  Lopez was charged under the Gun-Free School Zones Act, but he challenged the law, arguing that Congress had overstepped its constitutional authority by creating a law that didn't involve interstate commerce. 

The Court's Decision and Rationale

• Rejection of the Government's Argument:

  The government argued that guns in schools disrupted the learning environment, leading to less educated citizens and thus adversely affecting commerce. The Court rejected this argument, stating that the law was not substantially related to commerce. 

• Limit on Congressional Power:

  The Court ruled that the Gun-Free School Zones Act was unconstitutional because it exceeded Congress's power under the Commerce Clause. The Court emphasized that the possession of a gun in a local school zone was not a commercial activity and had no substantial effect on interstate commerce. 

• Federalism:

  The decision underscored the principle of federalism, reaffirming that the federal government does not have unlimited power and that areas like education are primarily state responsibilities. 

Significance for AP Gov

• Commerce Clause:

  The case is a critical example of the limits of the Commerce Clause, showing that it doesn't give Congress limitless power to regulate any activity. 

• Federalism:

  U.S. v. Lopez is a landmark case in the context of federalism, illustrating the balance of power between the federal government and the states. 

• Balance of Power:

  It was the first time in over 50 years that the Supreme Court had struck down a federal law based on Congress exceeding its commerce power.