AP Gov. Unit 1

Federalist 10 response to Brutus I concern about necessary and proper clause

The National Government needs to have the power to make decisions for the nation; the Constitution provides powers to the states as well

Fed. 10 response to Brutus I concern about too large of a republic to have accurate representation

Larger republic is better because it can filter the factious desires of individuals and fit reps. Can override the passions of the people to make decisions for the nat. gov.

Fed. 10 response to Brutus I concern about lack of faith, confidence, and respect for leaders & laws

a large pool of candidates improves chances of electing a fit person

Fed. 51 response to Brutus I concern about necessary & proper & supremacy clauses

Federalism; checks & balances of legislative branch; departments elected by the people; current leaders cannot elect future leaders; federal laws are only the most important for the whole country, states can pass laws for their specific demographic

Fed. 51 response to Brutus I concern about Congress’ power to tax

congress divided into two houses; checks & balances & separation of powers will prevent taxation from becoming tyrannical

Fed. 51 response to Brutus I concerns about the strength of the judicial branch

Life tenure of Judges makes them non-reliant on president who nominated them and therefore less corrupt and biased; all branches of gov. draw power from the people

Fed. 51 response to Brutus I concerns about republic being too large

difference in interests is important for democracy because subdivisions of opinions will prevent one, tyrannical set of beliefs from overriding everyone else’s beliefs; there are multiple levels of representation (president for country, senator for state, representative for district, etc.)

Fed. 51 response to Brutus I concerns about lack of faith, confidence, and respect for rulers and laws

rights of the people not in dancer because of emphasis on civil rights and inclusion of many opinions in the main laws and doctrines; gov. need to control governed, but also controls self through checks & balances

McCulloch v. Maryland summary

branch of national bank is established in Baltimore and Maryland didn’t want it, so they taxed it. The bank cashier refused to pay the tax, so the case went to court

McCulloch v. Maryland clauses

Necessary & proper & supremacy clause

McCulloch v. Maryland ruling

Ruled unanimously in favor of McColloch; said the bank was constitutional under the necessary and proper clause; When state and Fed. Law conflict, federal always wins (supremacy clause

US v. Lopez summary

Student carried a gun into his school & was prosecuted; claimed that it is unconstitutional for the gov. To regulate firearm carrying in schools. Fed. gov. Said that they can regulate it because of their control over  interstate trade & because of necessary & proper clause. Student’s lawyers said that if that connection could be made, then the gov. Can regulate anything by connecting it to interstate trade

US v. Lopez clause

Commerce/trade clause

US vs. Lopez ruling

5-4 in favor of Lopez; Possession of the gun was not an economic/ trade activity; Court decided that the US’ argument required too many inferences and assumptions, and if they ruled in favor of the US, then the federal gov. Would have the power to regulate anything on the grounds of interstate trade

US v. Lopez dissent

that the fed. Gov. had the right to regulate guns anywhere, not just school grounds, because of clause 3, giving the fed. control over interstate trade; Could connect it to the econ. & thought that protecting education would help the econ.

Participatory theory

A theory that widespread participation in politics and civil society is essential to democratic government

Pluralist theory

Theory of democracy that emphasizes the role of nongovernmental group-based activism in an effort to impact the policymaking process

Elitist theory

A theory of democracy based on the premise that participation in politics and civil society is limited because elites have a disproportionate amount of influence in the policymaking process

Popular Sovereignty

The idea that the government’s right to rule comes from the consent of the people

Natural Rights

An agreement between the people and the government where the people give up some freedoms and allow their government to rule over them to insure an orderly and functioning society

Social Contract

An agreement between the people and the government where the people give up some freedoms and allow their government to rule over them to insure an orderly and functioning society

Republicanism

A system in which people elect representatives to carry out their wishes

Separation of powers

checks & balances

Federalism

Power divided between national and state governments

Supremacy clause