unit 1 AP gov

Limited Government - influenced by the enlightenment

-Natural Rights: people are born with certain rights endowed by the creator and could not be taken away.

John Locke / Thomas Hobbes - Locke wrote in 2nd Treatise on Government that natural rights are endowed by virtue of being born with life, liberty, and property.

Both Locke and Hobbes argued for a theoretical state of nature which comes before government, where they are free. For Hobbes - argued need for government for control For Locke - argued that law of nature governs and obliges everyone

Popular Sovereignty / Social Contract

Jean-Jacques Rousseau treatise of Social Contract - By nature, the power to govern is in the hands of the people, and to protect their natural rights they willingly give away some of that power over to a government (state is the servant of the people) If the government violates the social contract, the people can overthrow the government.

Republicanism

Baron De Montesquieu - The Spirit of Laws A republican form of government means the people elect leaders to represent them and create laws in the public interest. To prevent tyranny, he argued separation of powers (legislative, executive, judicial)

Declaration of Independence - reasons for the official break from the American colonies and British empire.

Thomas Jefferson - “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights Governments are instituted among Men (social contract)… deriving their just powers from the consent of the governed.

Constitution - separation of powers and republicanism

First constitution was the articles of confederation ( not effective ) Grand Committee met at the Philadelphia Convention (constitutional convention) in 1789 tasked to forge the compromises to make the constitution. James Madison wrote it.

More power to national government:

-Necessary and Proper Clause (Elastic Clause) - Gives government ability to make laws that are needed to carry out its duties. -Supremacy Clause: Federal laws are more powerful than state laws.

US is the representative republic, framers feared democracy (thought would lead to mob rule)

Powers are separated into executive, legislative, and judicial and could check authority of others.

Participatory Democracy - Emphasizes broad participation in politics and civil society.

Vote on laws directly as opposed to representatives. Framers were against this because people were uneducated and as population grew more complex laws were needed.

Participatory Democracy used in local politics:

-Town Hall Meetings - Initiative: Holding representatives accountable. Voters put a measure on the ballot which they want passed into law if representatives won’t propose their desired law. - Referendum: If a law passed by their legislature is unpopular and enough people support the referendum, they can call for a vote to defeat the law.

Elite Democracy - Emphasizes limited participation by a few, well-educated and informed statespeople who are qualified to direct the nation through law making on behalf of the people.

Argues that complex governments require specialists to navigate it so that the masses don’t make unwise policy decisions.

Examples of Elite Democracy:

-President appoints Judges to the Supreme Court. -Electoral College: Electors from various states

Pluralist Democracy - Describes group-based activism by nongovernmental interests which work to impact political decision making.

Interest Groups - form around a particular cause or particular demographic to influence representatives in Congress. (Ex: NRA, NAACP) States represent interest groups as well, state representatives represent interest of its citizens.

3 Models represented in constitution

Constitution provides for elected representatives (elite model), in order to get laws passed various interests have to compromise in order to get it done (pluralist model), separation of power between federal government and state government states can make their own laws provided they don’t conflict with the national laws (participatory model)

Federalist 10 v Brutus 1 - Majority rule versus minority right.

Federalists - Argued for more centralized power in the federal government, through constitution. Alexander Hamilton, James Madison, John Jay Anti-Federalists - Against the ratification of the Constitution. Patrick Henry, George Mason Both published papers which argued their position on federalism.

Federalist 10

-Main argument is concerning the “mischief of factions” -Factions: Groups of people with interests they believe strongly in. If the majority always prevailed, then the minority would never be represented. If too many protections were provided to the minority, then the common good would never prevail. Madison presented 2 solutions to the issues of factions -Take away the causes of factions (this wouldn’t work cause it would limit liberty) -Limit the effects of factions. The solution is to create a republican style of government thats centralized and strong. Argued double protection against factions w/ separation of powers and checks and balances. With so many factions, they would have to debate and compromise in order to get any laws passed. Majority rule and minority rights would be upheld.

Brutus 1

-History had never seen a republican style government govern a population and land mass as large as the United States. Necessary and proper clause and supremacy clause of the Constitution would create a powerful central government and render state governments unnecessary. Thus squashing the interests of the states. If liberty was to be maintained, the Constitution with all its centralized power should not be ratified. Letters from the Federal Farmer - “It is clearly designed to make us one consolidated government.”

Articles of Confederation - States held most of their power and central government was very weak.

Weaknesses: Federal government only had one branch (Congress) All 13 states must agree to an amendment of the Articles. Congress had no power to raise tax revenue. Couldn’t pay debts to revolutionary war soldiers. Resolution in 1782 - grant Congress the power to raise funds through a 5% tariff. 11 states agreed. Wasn’t passed b/c needed all 13 states to agree to be passed No national currency. Unitary branch of government. Congress had no power to raise a national army.

Shays Rebellion

Economy was bad, Congress weren’t paying their revolutionary war soldiers. Farmers had gone into debt w/ inflation and new taxes. Daniel Shays raised militia of farmers and raided town arsenal. Massachusetts authorities crushed rebellion. Showed that the Articles of Confederation couldn’t organize a federal army to stop rebellions.

Constitutional Convention / Philadelphia Convention (1787)

Alexander Hamilton

Great Compromise (1787)

How do we decide how many representatives each state gets? Virginia Plan - Argued that the representatives ought to be apportioned by population. Bigger states would have more representatives and smaller states would have less. New Jersey Plan - Argued that representatives ought to be apportioned equally: each state gets one vote. Small states have the advantage over bigger states. Bicameral Legislature - House of Representatives - Representatives would be apportioned by population, Big states have more, small states have less. Senate - Representatives would be apportioned equally with each state. Regardless of size, each state granted 2 senators.

Electoral College

Each state is given the same number of electors as they have representatives in Congress, and it is the electors who put the president in office. 48/50 states have majority take all where all electoral votes go to majority candidate.

⅗ Compromise

Compromise was that ⅗ of enslaved population for purposes of representation and taxation. More representatives = more taxes.

Slave trade compromise

Slave trade would be untouched for another 20 yrs after which it would be abolished (1808)

Article 5 Constitution - Proposal and Ratification

Either Congress or special state conventions can propose an amendment. 2/3 vote is needed to pass the amendment to the next stage. Proposed amendment must be ratified or accepted by 3/4 of the states. If 3/4 of the states approve, it becomes an official amendment to the constitution.

Ratification process

The founders set the terms for ratifying the Constitution. They bypassed the state legislatures and called for special ratifying conventions in each state. Originally ratified by 9/13 states in 1788, took until 1790 for all the states to ratify.

Government Surveillance

9/11 - Al Qaeda crashed airplanes into the world trade center, pentagon, and Pennsylvania countryside. Terrorists lived and coordinated attacks 18 months prior in US USA Patriot Act - Could monitor phones/email.

Education policy

No Child Left Behind - In order to receive federal funding schools would have to meet certain criteria that was out of reach for many. Given sanctions if did not meet criteria.

Separation of Powers

No one branch of government holds all the authority

Checks and Balances

Check each other to ensure prevent any one branch from becoming to powerful.

Legislative Branch - Congress

Propose and make laws. C/B: Senate can check executive branch with its power of advice and consent must approve certain high level presidential appointments. Congress has power of impeachment over president. Congress can override a veto with a 2/3 vote.

Executive Branch - President

Execute or enforce laws Head of the Entire Bureaucracy of the Executive Department C/B: Can check Congress through the veto (Article 2, Sec 7)

Judicial Branch - Supreme Court, federal courts

Interpret the constitutionality of the laws C/B: Judicial Review - Court has the power to declare laws passed by Congress unconstitutional and therefore null.

Federalist 51

Separation of powers and checks and balances are able to control the abuse of power by any one branch. Each branch has to work as independently of the others as possible, but also possess the necessary checking powers. Chief danger would be investing too much power in one branch.

Stakeholder

Anyone with a vested interest in the outcome of policymaking, the citizens are the stakeholders.

Legislative branch stakeholders

Interest groups can pay professional lobbyists to meet with representatives Citizens can write letters/emails to representatives

Executive branch stakeholders

Average citizens have access to the bureaucratic agencies can file a complaint if a law is being broken or a crime is being committed.

Judicial branch stakeholders

Stakeholders can use the courts to challenge unjust and unconstitutional laws or appeal wrongful convictions.

Federalism

Sharing of power between national and state governments.

Dual Federalism

Clear separation, powers of each level more defined and narrow, difficult to maintain

Cooperative Federalism

Shared powers, shared costs, blurred lines, growth during new deal, allows more federal power.

Exclusive Powers / Enumerated Powers (Article 1 Sec 8)

Powers delegated by the Constitution to the federal government alone Only the federal congress can declare war for the nation

Reserved Powers

Powers kept by the states 10th Amendment: powers not delegated to US by constitution are given to people

Concurrent Powers

Powers that both national and state government have Taxation

Categorical Grant

Congress can establish national standards then direct funds to state that comply with those standards and withhold from those that not. If states accept money they must use that in the way designated.

Block Grants

Gives federal money to be spent in a broad category and the states determine exactly how that money is spent within those boundaries.

Mandate

The federal government requires states to follow federal directives and gives money toward carrying out the mandate.

Unfunded Mandate

The federal government sets a mandate and then provides no funds to help states comply.

10th Amendment

Any power that the Constitution does not explicitly give to the federal government is reserved for the states.

14th Amendment

Applied the Bill Of Rights to the states.

Commerce Clause (Article 1 Sec 8)

Gives Congress the authority to regulate commerce among the states, regulate trade with foreign nations, and Native American tribes

Gibbons v Ogden

The power to regulate waterways is the exclusive power of the fed gov.

US v Lopez (1995)

Supreme Court ruled that Gun-Free School Zones Act was unconstitutional as possession of a gun in a local school zone was not an economic activity Devolution - declaring some powers are rightly retained by States rather than federal government.

Full Faith and Credit Clause

States are required to honor the court proceedings, contracts, and acts of other state governments

Privileges and Immunities Clause

Prevents States from depriving privileges to citizens who reside in different states

Necessary and Proper Clause (Elastic Clause)

Gives government ability to make laws that are needed to carry out its duties

McCulloch v Maryland (1819)

Court agreed Congress had power to establish national bank under necessary and proper clause Supremacy clause means federal law trumps state law

Federalism in Action

National Policy is Constrained by Federalism

Environmental Regulation - Paris Agreement

Obama entered agreement by executive order Trump removed US but states still kept regulations

Legalization of Marijuana

States act as laboratories for democracy marijuana illegal federally since 1937 states legalized medical and recreational marijuana conflict between state and federal law