ap gov chapter 1 review

limited government

restrictions are placed on the government for what it can and can’t do

* goal: protecting individual rights and liberties

natural rights/ alienable rights

rights and privileges people are born with and can’t give up or have taken

social contract

people give up some freedoms in exchange for protection from the state (if freedoms are not given up, there’s no way to ensure safety)

john locke - proposed the idea of “life, liberty, & property”

* Locke’s idea: if citizens didn’t believe the government was holding up their end of the contract, citizens had the right to break off and form their own government

formal contract

signing the Constitution, naturalization ceremony of promising to respect the Constitution

informal contract

following laws, voting, etc

popular sovereignty

a government’s power comes from the consent of the governed. if the government starts to violate the will of the people, citizens can break off

republicanism

form of government where elected leaders represent the interest of the people

* works to represent the will of the people
* check on power to prevent tyranny

declaration of independence

written by thomas jefferson

* natural rights: “life, liberty, and the pursuit of happiness”
* social contract: can dissolve the government if it fails to promote the welfare
* lists grievances against the British crown
* serves as a blueprint for US democratic values

supreme law of the US

democracy

power to govern comes from the people

republic

representatives represent the interests of the people

direct democracy

citizens are directly responsible for making policy decisions

participatory democracy

citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions (best ran if people participate)

* emphasizes broad participation of people in politics
* town hall meetings - allows politicians to meet with constituents to hear opinions and discuss concerns

initiative

voting on proposed legislation, bypassing the state legislature

* often done in states for constitutional amendments. otherwise students can sign a petition to get a law on the ballot

referendum

allows votes to approve/ repeal an act of state legislature

* usually used if a law has already passed

pluralist democracy

no one group dominates politics and organized groups compete with each other to influence policy

* individuals work through groups formed around common causes
* allows people to self-select causes of interest, allows politicians to select their courses of interest

elite democracy

a small number of people, usually those who are wealthy, well-educated, influence political decision making

electoral college

places a small group of people in charge of making major political decisions

articles of confederation

Original organizing document of US Government that heavily emphasized the rights of individual states

* US’s first constitution
* established a weak central govt and placed most powers in the hands of the states

challenges of the aoc

* central govt could not enforce tax laws or regulate commerce, only states could
* national govt had to request money from the states but had no way to enforce payment
* couldn’t apply national tariff, states often had to put a tariff on goods from other states
* no national army
* unicameral with 1 state, 1 vote, 9/13 states had to agree to pass a law
* impossible to pass a law
* no executive or judicial branches
* disadvantage for large states (equal representation with small states)

shay’s rebellion

Daniel Shay gathered a group of revolutionary war veterans in Massachusetts to demand payment promised for serving in the war

* highlighted the weaknesses and inefficiencies of the aoc

constitutional convention

needed to revise the aoc

55 delegates present

virginia plan

* strong national government
* bicameral legislature
* proportional representation
* upper house chosen from lower house
* courts have the power to overturn state laws
* executive and judiciary chosen from legislature (Congress elects and removes)

new jersey plan

* small states feared they would be dominated
* unicameral legislature
* one state, one vote
* courts wouldn’t have power over states
* enhanced power of national government
* executive committee (removable by a state majority)

the great compromise

* bicameral legislature
* house of representatives: based on population
* senate: 2 per state, chosen by the state
* one president, four year term, elected by electoral college
* national judiciary (chosen by president, approved by the senate)

3/5 compromise

slaves are counted as 3/5 of a person for representation and taxation

* southern states had disproportionate representation, dominated Congress, the presidency, Supreme Court
* northern win

federalists

* supported the Constitution
* wanted a strong national government (within limits) and weaker state governments
* published the “Federalist Papers” to support the passing of the Constitution

anti-federalists

* hesitant to approve the Constitution, thought it lacked protection of individual rights
* wanted a weak national government
* led to the adoption of the bor once the constitution was ratified

federalist #10

* factions are needed for democracy to function as they allow the public to share ideas
* need for a strong government
* elected representatives and separation of powers between state and national government work to control these factions

brutus #1

* argued against a strong central government, favored a small decentralized republic
* believed that it would not meet all of the needs of us citizens and run the risk of endangering personal liberties

article 1: legislative branch

* bicameral (house and senate)
* requirements for both
* sen: 30, citizen for 9, resident of state
* house: 25, citizen for 7, resident of state
* procedure for how a bill becomes a law

powers of the legislative branch

* establish army/ navy
* create inferior courts
* declare war
* post offices
* naturalization
* coin money
* regulate interstate commerce + commerce with foreign nations
* raise money (tax and spend) + borrow money
* elastic clause (necessary and proper clause)

necessary and proper (elastic) clause

the necessary and proper clause allows congress the ability to make laws or to act where the constitution doesn't give it authority to act. Sometimes thought of as implied powers

habeas corpus (article 1 limit)

can’t hold someone indefinitely without a just clause, must explain clause and take to court

bills of attainder (article 1 limit)

rights can’t take away, prove someone guilty by punishment without a trial

ex post facto laws (article 1 limit)

criminalize actions that were once legal when performed, increases or changes punishment (unlimited)

states (article 1 limit)

can’t make money, declare war, tax goods from other states

article 2: executive branch

* president, vice president
* electoral college
* requirements for office
* pres/vp: 35, natural-born, resident for 14
* powers/limits:
* commander-in-chief
* cabinet
* enforces laws of the US
* pardons
* treaties, judges (Senate)
* impeachment process (house drafts and approves senate trial with chief justice (SC), 2/3 vote by jury = removal)

article 3: judiciary branch

* supreme court is the only court established
* requirements: none
* appointed by the president, confirmed by senate
* lifetime appointment assuming “good behavior”

apellate jurisdiction (article 3)

hears appeals cases, most of its power

original jurisdiction (article 3)

hears cases for the first time

* two or more states, ambassadors, public minister

judicial review (article 3)

ability to declare laws/ acts unconstitutional

* gave themselves the power in Marbury v Madison

defines treason (article 3)

treason against the US

* shall consist only in levying war against them or in adhering to their enemies
* giving them their aid and comfort

article 4: state and national government

creates the idea of federalism - balance and division of power between national/ state

* both national-level and state-level governments have power
* powers are both assigned and divided on both levels
* treating citizens with rights, returning criminals
* admittance of new states

full faith and credit clause (article 4)

requires every state, as a part of a single nation, to give a certain measure of respect to every other state’s laws and institutions

article 5: amendments

introduce in congress (all 27)

* approved by a 2/3 vote, both houses
* 3/4 of all state legislatures or ratifying conventions (21st)

a national convention (none)

* state legislatures (2/3 then Congress calls for a convention)
* approval same as above

judicial review

SCOTUS declares laws/ acts unconstitutional

executive orders

order issued by the president which applies to the executive branch

congressional legislation/ elastic clause

congress stretching its power through new legislation

changes in political norms

expansion of power and perceived roles of the government

article 6: supremacy clause, oaths

* gains all debts under aoc
* supremacy clause
* states must fall under federal law
* oaths of those in office - allegiance to the US and the Constitution

supremacy clause

if the federal government uses any powers written in the constitution, that it will rule over any state power.

* constitution, US laws, federal treaties are supreme law

article 7: ratification

* 9 of 13 states to be efficient
* state conventions, Delaware 1st state Dec 7th 1787
* March 4th, 1789 (Congress meets under Constitution) (ratified by people)

1st amendment

* freedom of: religion, speech, press, assembly, petition
* congress can’t make any law that violates those

2nd amendment

right to bear arms

* congress can’t stop you from having and owning weapons

3rd amendment

quartering of troops

* you don’t have to let soldiers live in your house or property unless you give consent
* protections of liberty

4th amendment

unreasonable search and seizure

* must have a warrant to search your house/ belongings, requires probable cause

exclusionary principle (4th)

any evidence gathered without a warrant can’t be used in trial

5th amendment

criminal case rights: grand jury, double jeopardy, eminent domain (criminal and legal proceedings)

* right to a jury
* can’t be tried twice for the same crime - double jeopardy
* can’t be forced to admit guilt, don’t have to testify at your own trial - self-incrimination
* due process - right to connect process of legal proceedings
* eminent domain - government can’t take/ claim your belongings without payment

6th amendment

fair trial: speedy and public trial, witnesses, right to counsel

* speedy and public trial
* know the charges against you
* case decided by a jury
* right to a lawyer or one will be provided for you

7th amendment

right to a jury in a civil case

8th amendment

protection against cruel and unusual punishment

* excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

9th amendment

citizens have rights not mentioned in the Constitution

* the bor doesn’t list every right a citizen has

10th amendment

all powers not given to the federal government are delegated to the states

checks and balances

* also serves as a separation of power
* prevents any branch from gaining too much power
* allows multiple points of influence in public policy
* consequences for abuse of power

powers of the executive branch

* veto legislation
* command armed forces
* grant pardons
* appoint judges, ambassadors, department heads
* conduct foreign affairs and negotiate treaties

powers of the judicial branch

* declares laws unconstitutional
* hear cases on federal laws
* preside over impeachment trials
* declare presidential act unpresidential

federalist #51

* constitutional provisions of separation of powers and checks and balances control abuses by the majority

federalism

a system of government in which political authority is divided between a national (or federal) government and its political subdivisions

* a system where national and state governments each have defined powers, with some being shared by both and some being denied to both

unitary government

all power resides in a central government

confederation

national government is weak, power resides in an alliance of states

enumerated/ exclusive/ expressed powers

specifically granted by the Constitution to the national government

implied powers

intentionally left flexible

* allow the national government to make decisions that fall outside of the expressed powers

inherent powers

powers needed by the government to do its job as a sovereign nation

* acquire territory
* conduct foreign affairs
* executive orders, enforcing laws
* recognized by all sovereign nations

commerce clause

allows congress the power to regulate interstate commerce (trade between states)

reserved powers

powers “reserved” specifically for state governments

concurrent powers

powers shared between the state and federal governments

* power to tax, power to make and enforce laws, power to establish courts, power to police (limited)

supreme court

resolve disputes over interpretation and between states

full faith and credit clause

states must honor actions of other states, public acts, official records, and judicial proceedings

privileges and immunities

one state can’t deny citizens of another state’s fundamental rights (prevent discrimination)

* interstate extradition is allowed
* interstate contracts - don’t

dual federalism

federal and state governments are co-equals, each sovereign

* narrow interpretation of the constitution
* federal government only has jurisdiction if clearly expressed or in the Constitution
* states had greater role and powers

mccullough v maryland (1819)

the question was is it constitutional to charter the first bank of the united states and to give that power to the government. So they used the elastic cause to determine that it was an implied power and created the first bank of the United States.

* set up the supremacy clause

nullification

doctrine that a state can declare null and void a federal law that, in the states opinion, violate the constitution

doctrine of secession

states have the right to separate themselves from the union (state sovereignty)

dual federalism

national government and state governments act with distinct areas of jurisdiction

11th amendment

sovereign immunity of states from suits

* When states sue other states, it automatically goes before the Supreme Court. Residents of one state cannot sue another state. Another country can't sue the US and vice verse.

12th amendment

presidential elections

* electors would vote separately for President and Vice President

13th amendment

abolishment of slavery

14th amendment

defined who was a US citizen, states can’t take away those rights (applies bor to state governments)

15th amendment

right to vote can’t be denied due to race

cooperative federalism

national and state governments working together, but the national government clearly supreme over the states with wide interpretation of the necessary and proper clause

* federal government intervenes or assists in some areas traditionally left to that states

creative federalism

going further than cooperative federalism

* working to eliminating poverty and social inequality
* national funds to state and local communities
* increased spending
* much stronger national government
* in the form of grants

new federalism

political leaders working to reverse the balance of federal power (returning the authority back to state governments)

* worked to cut national grant money, relaxed requirements on how states could use federal money

devolution

the idea of taking away federal powers and giving it back to the states

* devolution revolution - part of new federalism

us v lopez (1995)

under the constitution, the federal government doesn’t have the power to issue national laws regarding guns in school zones

* tipped federalism balance of power towards the states rather than the national government
* COMMERCE CLAUSE

fiscal federalism

system of spending, taxing, and providing aid in the federal system

* power of the national government to influence state government
* use of federal revenue sharing, mandates, categorical grants, and block grants

16th amendment

congress can elect a federal income tax (main tool for aiding and influencing states)

categorical grants

grant says to do something that is very specific

* conditions and specific purposes
* most federal grants

block grants

broad requirements

* less strings, states prefer over categorical
* voluntary
* combination of several categorical grants

coercive federalism

mandates the rules you must follow to get the money

* conditions of aid must be met

unfunded mandates

states MUST meet requirements to receive funding, but don’t receive funding to meet those requirements