unit 1 gov

12th grade ap government

how constitution serve as both the plan of government and the basis for laws in the us

- preamble tells us the purpose of our gov

- constitution lays out structure of gov (separation of powers and federalism) and includes fundamental civil liberties (which is the basis for laws)

federalism/federal system

- relationship between the federal government and the states

- political system where power is divided between federal gov and states

- our gov is referred to as a federal republic

separation of powers

separate powers each branch has

checks and balances

ensures that no one branch of government can dominate the other and assume too much power

republicanism

- ultimate authority for government was the people

- ideology of enlightenment thinkers

rousseau

- natural law: born free and equal

- likes direct democracy

montesquieu

understood that power in government needed to exist in different political institutions (separation of powers)

participatory democracy

people vote directly for laws and other matters

pluralist democracy

groups compete against other groups to influence decisions made in government

elite democracy

- elect people to represent us

- elected people may or may not always vote the way their constituents want

declaration of independence

- july 4, 1776

- written by thomas jefferson

- american colonies formally declared their independence from great britain

- 56 delegates signed

- grievances (complaints) against king george III

john locke influence on thomas jefferson

- natural rights

- social contract

natural rights

life, liberty, and property (locke)/pursuit of happiness (jefferson)

social contract

government must protect citizen's rights. if government broke contract, the people have the right to get rid of the government

articles of confederation

- first written constitution of the us

- us first government

- weak

weaknesses of the articles of confederation

- only a legislative branch

- congress has no authority to tax

- couldn't raise effective army

- 9/13 state vote needed to pass legislation

- states had more power

- unanimous vote of states required to amend articles

- no interstate commerce (states had own currency)

shay's rebellion (1786)

- showed that the articles needed to be revised to have a stronger central government

- lead to constitutional convention

constitutional convention

- 1787; philadelphia

- 55 delegates

- og plan: amend/revise the articles

- ended up writing a new constitution

- rhode island did not send delegates

- left for the states to decide the qualifications of the electorate for voting in federal elections

virginia plan

- representation based on population

- bicameral national legislature

- larger states dominate

new jersey plan

- equal state representation

- favors smaller states

connecticut/great compromise

- used virginia and new jersey plan

- house of rep = population, elected by people

- senate = equal representation; elected by state legislatures

- appealed to both large and small states

house of representatives

direct popular vote

three-fifths compromise

- five slaves would equal three free people

- slave trade would end in 20 years (1808)

framers

- did not trust the people and favored a republic -> electoral college

- equated the people with a mob that was too easily swayed

electoral college

process for electing the president

president terms

unlimited; reelection every four years

ratification

- 9/13 state conventions approved

- not state legislators bc they were more likely to not want their power limited by a more powerful national gov

ratification for constitution

did not need to be unanimous

federalists

- supporters of the constitution

- alexander hamilton, john jay, james madison

federalist papers

- articles explaining and defending a strong central government

- written by hamilton, jay, and madison under the pseudonym "publius"

antifederalists

- opponents of ratification

- thomas jefferson, patrick henry

- wrote series of essays of complaints under the pseudonym "brutus"

antifederalists complaints about the constitution

- strong central gov contained the seeds of tyranny and threatened the rights of the people

- too much authority was taken away from the states

- absence of a bill of rights left individual liberties unprotected

federalists argument regarding the lack of a bill of rights in the constitution

- civil liberties are guaranteed in the constitution

- many of the state constitutions include a bill of rights

- power of federal gov will be limited and will not be tyrannical

federalists on bill of rights

- gov can't take away your freedom of speech bc there is no express power in the constitution to do that

- put freedom of speech in constitution and gov might restrict it now (bc it's in the constitution)

federalist arguments to demonstrate that the people's rights would be protected

- habeas corpus

- congress cannot pass an ex post facto law

- congress cannot pass a bill of attainder

- no religious test was required to hold public office

habeas corpus

- can't be held in jail

- right to be held/released for trial

- right to see a judge

ex post facto law

law that makes an action a crime after the fact

bill of attainder

law by congress that makes a person guilty of a crime without a trial or change to see a judge

federalists and antifederalists compromise

bill of rights will be included in the constitution

holdouts during constitution ratification

north carolina and rhode island

federalist #10

- written by madison

- factions are the greatest fear of popular/democratic gov

- factions can be controlled in large diverse republic

factions

- groups with the same interests whose interests may or may not be in the public interest

- caused popular gov to fail bc they end up dominating gov

diverse extended (large) republic

consists of a large ever changing population with the people electing their representatives and with many naturally forming competing factions with their own interests

federalist #51

- written by madison

- new gov's power would be limited bc of separation of power, checks and balances, and federalism

article 1 of constitution

legislative powers and structure

article 2 of constitution

executive powers and structure

article 3 of constitution

judicial powers and structure

article 4 of constitution

relations of states and structure

article 5 of constitution

amending the constitution

article 6 of constitution

constitution is the supreme law of the land (supremacy clause)

article 7 of constitution

ratification

why article 1 is longer

it was considered the branch closest to the people and therefore considered by the framers to be the most important

federal and supreme court judges eligibility requirements

none

house of representatives eligibility requirements

- 25 years

- 7 years citizen

- lives in that state when elected

- 2 year term

senate eligibility requirements

- 30 years

- 9 years citizen

- lives in that state when elected

- 6 year term

president eligibility requirements

- 35 years

- 14 years as us resident

- natural born citizen

- 4 year term

express/enumerated powers

powers of the constitution that are specifically granted to the branches of government or to office holders

president express powers

- commander in chief

- negotiate treaties

- nominate justices to the supreme court

vice president express powers

- take authority from time to time over the senate

- break a tie vote in the senate

congress express powers

- declare war

- determine taxes

- make laws necessary and proper to run the country

2/3 in house and senate

body that has the power to override a presidential veto and the margin

2/3 vote in senate

body that has the power to ratify treaties and the margin

simple majority in house of representatives

body that has the power to impeach the president and the margin

2/3 vote in senate

body that has the power to convict the president of charges brought against him in the impeachment process and thereby remove him from the presidency and the margin

republican (representative)

type of government in each state according to the constitution

legislative branch

makes laws

executive branch

carries out the laws (make sure they are followed)

judicial branch

interprets the law

state of union address

the president addresses congress and lays out his vision for the next year, for congress and the people

senate

body that has the power to accept or reject a president's nomination to the supreme court

constitutional amendment proposed

- 2/3 vote in each chamber of congress

- 2/3 state conventions

constitutional amendment ratified

- 3/4 state legislatures approve

- 3/4 state conventions

informal amendments

- changes meaning of constitution without being in the constitution

- ex: court cases, laws, traditions

marbury v. madison (1803)

court case which established judicial review

war powers act (1973)

a law which has attempted to limit the president's power as commander in chief

line item veto act (1996)

a law which temporarily gave the president power to strike out portions of bills and then sign them into law (no longer in effect)

power executive branch has over legislative branch

- president can veto bills

- articles 1, section 7

power executive branch has over judicial branch

- president nominates judges to the supreme court and other federal courts

- article 2, section 2

power legislative brach has over executive branch

- impeachment process; senate may not confirm presidential nomination

- articles 1, section 3

power legislative branch has over judicial branch

- confirm federal court nominations; impeach and remove federal judges

- article 2, section 2

power judicial branch has over executive branch

- declare executive orders unconstitutional

- found in informal amendment established by marbury v. madison

power judicial branch has over legislative branch

- declare legislation to be unconstitutional

- not clearly stated in constitution

judicial review

power of the courts to declare laws or executive orders from the president constitutional or not

popular sovereignty

people have the ultimate power

approve or veto laws (powers of the president)

only congress can create or pass laws and can override a veto by a 2/3 vote in each house (checks president)

act as commander in chief (powers of the president)

only congress can declare war by a simple majority vote (checks president)

appoints federal judges/cabinet (powers of the president)

senate must confirm by a majority vote (checks president)

issue executive orders (powers of the president)

supreme court can declare unconstitutional (checks president)

elected by electoral college (powers of the president)

house impeach; senate holds trial to remove from office and needs 2/3 vote (checks president)

pass laws (powers of congress)

president can veto within 10 days and supreme court can declare laws unconstitutional (checks congress)

senate ratifies treaties (powers of congress)

president negotiates treaties (checks congress)

decides on number of judges (powers of congress)

president gets to nominate federal judges (checks congress)

can impeach and remove judges and president (powers of congress)

house impeaches with majority vote; senate removes with 2/3 vote (checks congress)

interprets law (powers of judicial branch)

only congress can create laws (checks judicial branch)

lifetime appointment (powers of judicial branch)

president gets to nominate and senate can confirm (checks judicial branch)

declare executive orders unconstitutional (powers of judicial branch)

president gets to nominate federal justices and senate can confirm or deny them (checks judicial branch)

declare laws unconstitutional (powers of judicial branch)

congress can propose a constitutional amendment or rewrite law differently (checks judicial branch)

dual/layered cake federalism

- existed until the 1930s

- national gov tended to sparingly invoke the elastic and commerce cause and 10th amendment was given a lot of weight

- national gov has certain powers and states have certain powers (little cooperation)

- powers and authority are clearly defined

- narrower view of elastic and commerce clause

cooperative/marble cake federalism

- begin during great depression of early 1930s

- what we have today

- federal government worked with states; responsibilities were mixed and mingled

- not clear who has authority

- broader view of elastic and commerce clause

creative/centralized federalism

- political scientists believed it to begin during the johnson administration

- federal gov knows best and states had to cooperate with them or else their funds would be withheld

- more democractic

- type of cooperative federalism