AP Gov- Foundations of American Democracy

Main democratic ideal

Limited government

The enlightenment

European age of big ideas that influenced the founding fathers. Lots of ideas

Natural rights

Enlightenment idea- fundamental human rights that are considered to be inherent and universal, not dependent on laws or customs. These rights include life, liberty, and property, and they serve as the foundation for democratic governance and individual freedoms. The concept emphasizes that individuals possess these rights simply by being human, which has significant implications for the relationship between citizens and their government.

State of nature

Idea from John Locke and Hobbs: Humans are free to do anything in nature without government. The only source of government is nature itself.

Popular sovereignty

Popular sovereignty is the principle that the authority of a government is created and sustained by the consent of its people, through their elected representatives. This concept is foundational to democratic governance, as it emphasizes that the legitimacy of government stems from the will of the people, ensuring that citizens have a direct role in shaping their laws and policies. It aligns with core democratic ideals, reinforcing the belief that the power ultimately resides with the populace.

Social contract

im pretty sure you know. If government violates this, people are free to revolt

Republicanism

Baron de Montesquieu: People elect leaders to represent them and create laws in the public interest. To prevent tyranny, government must be split into branches

Declaration of independence

Outlined the reasons for the official break between the colonies and the British empire. Emphasizes enlightenment thoughts: Natural rights, popular sovereignty, social contract

US Constitution

Format for the modern US government. Emphasizes separation of powers and republicanism. Republicanism is reflected in the USC because the framers created a representative republic (people vote people to offices who will make laws representing the people). Also, a complete democracy can lead to the tyranny of the majority.

3 models of democracy

1) Participatory democracy 

2) Elite democracy

3) Pluralist democracy

Participatory democracy 

Broad participation in politics and society. As much people as possible in democracy, not by means of representatives (people make laws directly). Original framers did not like cuz impossible for everyone to vote on everything and for everything to work out. Shows up more in local towns

key examples of Participatory democracy 

Initiative and referendum

Initiative

when voters put a measure into the ballot which they want passed into law

referendum 

when people opposed a law passed by their legislature. If enough people oppose, law may be put down

Elite democracy

Limited political participation. Only educated statesmen can make laws that will be good on behalf of the people. Prevent people from making unwise decisions.

Key example of elite democracy

electoral college

Electoral college

President elected by electors from various states.

Pluralist democracy

Group based activism by non-government organizations whom work to influence political decision making

Key example of Pluralist democracy

interest groups

Elite democracy in USC

provides for elected representatives to legislate on behalf of the people

Pluralist democarcy in the USC

In order for a law to be passed, various interests

Participatory democracy in the USC

separation of powers between state and federal governments

Brutus 1 opinion on democracy

Proponent of the participatory model, feared the tyranny of central government. Want to keep majority of power to the states. Very anti-federalist 

Federalist 10 opinion on democracy

if everyone gets to participate in democracy, all factions will have to compete against each other. Such competition will protect the people from tyranny. For pluralist democracy

Federalist 10

Madison’s proposed answer how the USC will protect the people from the tyranny of the majority. He emphasizes the dangers of factions, big threat to liberty. He also proposes 2 solutions to prevent factions:

1) Removing it’s causes: worst option because it destroys liberty. Also getting everyone to agree on one thing is impossible

2) Controlling it’s effects: only way to protect people from tyranny - Make a republican style government. US population grows = more factions = the power of factions will be diluted by large population + all factions in competition so they gotta compromise in common good of society

Brutus 1

Anti-federalist paper: Attempts to answer whether a confederate government would be the best for the US or not. Brutus argues that a confederacy is better than a republic 

• Heavily disapproved the “necessary and proper” and supremacy clauses from the USC. This gives the central government too much power, making the death of state powers. 

• idea of taxes: If federal government can tax citizens, and state also taxes their citizens, citizens won’t like. If states can’t collect taxes, their governments become very weak.

• disliked federal courts: federal courts trump state courts → state courts useless

• size of nation: Quoting Montesquieu, a large nation can’t possibly have effective representatives  

Separation of powers

No one branch of government holds all the authority. 3 branches in US government: Legislative, Executive, and Judicial

Legislative branch

2 houses that make up congress: House of representatives and Senate. Represents the people of each state, this branch has the power to propose and make laws

Executive branch

The president and the bureaucracy. Has the power to enforce laws

Judicial branch

The supreme court. Highest court in the land. Has the power to interpret the constitutionality of the laws 

Checks and balances

No branches have supreme powers. Each branch has the power to check the other branches.

• Congress has the power to impeach the president

• Legislative branch can check executive branch with its power of advice and consent

• Executive branch has the power to check Legislative branch through Vetos

• Congress can override veto with 2/3s vote

• Judicial branch has the power of judicial review

Stakeholder

Anyone with a interest in the outcome of policymaking

Ways stakeholders can influence the laws made in the legislative branch

• Interest groups can pay professional lobbyists to meet with representatives to make aware of the group’s causes and try to persuade them to vote in the group’s interests

• Average citizens have access to the bureaucratic agencies run by the executive branch

• Stakeholders can file complaints with bureaucratic agencies if a law is being broken or a crime is being committed

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

Fed 51

• Separation of powers and checks + 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 to keep the others in their lane 

• Biggest danger to the flourish of the new republic would be investing too much power in one branch above the others

• Legislature still has biggest power, so it is divided into 2 houses in order to keep it from being too op (most power to people)

• federalism 

• The danger of factions

Big question Fed 51 is asking and trying to answer

How do we create a government that both has the power protect liberty but also does not have enough power to destroy liberty

Main answer: Separation of powers and checks + balances.

Federalism

A system of government where power is divided by national and state governments. This system should be good at protecting the liberties of the people according to the framers. The balance of powers is always shifting (use the 2 main court cases as examples)

Exclusive powers/Enumerated 

Powers delegated by the constitution to the federal government alone

Reserved powers

the powers kept by states. A power to specifically given to the federal government and not prohibited to the states.

Concurrent powers

Powers for both states and federal government

Fiscal federalism

the financial relationship between different levels of government, particularly how federal funds are distributed to state and local governments and how those governments manage their own revenues and expenditures. Happens in many ways through grants

Categorical grant

Give federal money to states as long as they comply with specific federal standards

Block grant

Gives Federal money to be spent in a broad category and the states determine exactly how that money is spent within those boundaries. States tend to prefer this type of grant

Mandates

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

• ex: clean air act → federal government set standards and give states money to carry out the act

Unfunded mandate

federal government sets a mandate and then provides no funds to help states comply. States tend to very dislike this type of “grant”

• ex. No child left behind act

Mcculloch V Maryland: What happened

1816: 2nd bank of the US is chartered → one of the branches is in Maryland → Any banks not officially chartered by Maryland is subject to big tax → Mcculloch (clerk of that federal bank branch) takes Maryland to court.

Mcculloch: National bank is constitutional cuz implied stuff

Maryland: National bank not constitutional cuz USC did not say that congress has the power to create a bank

Implied powers

powers not named in constitution but implied

Mcculloch V Maryland: Significance

Establishes the supremacy clause. It demonstrates a power favoring the federal government. (Shifting federalism)

US V Lopez: What happened

Lopez brings guns to school → Lopez arrested for bring guns to school property → later all charged dropped for Lopez. Apparently, Lopez broke both a state and federal law, and is sent 6 months at prison according to federal law. —> However, there is no line in the USC about congress being able to make any gun laws (Gun laws are a state issue)

Commerce clause

Congress can regulate commerce with foreign nations, and among the states, and with the native tribes

US V Lopez: Significance

If Congress can’t use the commerce clause to regulate gun law on school properties, what can’t congress use the commerce clause for? Made it clear that gun laws are a thing of the states.  It demonstrates a power favoring the state government. (Shifting federalism)

10th amendment

Adheres to federalism. Any power that the constitution does not explicitly give to the federal government is reserved for the states, AKA reserved powers

14th amendment

Adheres to federalism. Applied the bill of rights to the states.

Necessary and proper clause

The Necessary and Proper Clause, found in Article I, Section 8 of the U.S. Constitution, grants Congress the power to make all laws that are necessary and proper for carrying out its enumerated powers. This clause acts as a foundation for implied powers, allowing the federal government to adapt and legislate effectively in response to changing circumstances while maintaining its constitutional authority.

Full faith and credit clause

Each state must respect other state’s laws.
ex. Defense of marriage act: Gave states the right not to recognize the marriage of same sex couples (suppose one state legalizes same sex marriage but one day a same sex married couple moves to another state that illegalizes them) Power shifted to the state powers

ex. Obergefell V Hodges: Same sex marriage legalize in the whole nation. Power shifted to the federal powers

The Paris agreement 

US enters agreement, lots of environmental regulations enforced onto the states, later US leaves agreement but some states kept the regulations. Some states have stronger limits and some don’t. A example of federalism in action

The legalization of Marijuana

Weed illegal federally, but legal in some states. Another example of federalism in action