AP Gov- Foundations of American Democracy

Democratic ideals | Federalism | Ratification of the constitution and constitution basics

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

agreement between the ruled and the government. the ruled gives the government permission to be governed and protect their rights. If the government were to violate those rights, the ruled may revolt and make a new government

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

New jersey plan

The New Jersey Plan was a proposal presented at the Constitutional Convention in 1787 aimed at amending the Articles of Confederation rather than replacing them. It advocated for a unicameral legislature where each state would have equal representation, regardless of population size, which highlighted the concerns of smaller states about being overshadowed by larger states in a population-based system.

Virginia plan 

The Virginia Plan was a proposal presented at the Constitutional Convention in 1787 that outlined a framework for a strong national government with a bicameral legislature, where representation would be based on population. This plan aimed to address the weaknesses of the Articles of Confederation by ensuring a more centralized and effective governmental structure, emphasizing larger states' interests over smaller ones.

3/5ths compromise

The Three-Fifths Compromise was an agreement made during the Constitutional Convention of 1787 that determined how slaves would be counted when apportioning representation and taxation. This compromise stipulated that each enslaved individual would be counted as three-fifths of a person for these purposes, balancing the interests of slaveholding and non-slaveholding states. It highlighted the contentious debate over slavery and representation, playing a crucial role in the ratification of the U.S. Constitution.

Connecticut great compromise

an agreement reached during the Constitutional Convention of 1787 that established a bicameral legislature in the United States. This compromise blended the Virginia Plan, which favored representation based on population, with the New Jersey Plan, which advocated for equal representation for each state. By creating a House of Representatives with representation based on population and a Senate with equal representation for all states, the Great Compromise played a critical role in shaping the structure of the federal government and easing tensions between larger and smaller states.

Federalists

Federalists were supporters of a strong national government who advocated for the ratification of the U.S. Constitution in the late 18th century. They believed that a centralized government was essential for maintaining order and ensuring the country's survival, which shaped early American political debates and influenced the formation of political parties.

Anti-federalists

Anti-Federalists were a group of individuals who opposed the ratification of the U.S. Constitution, advocating for a decentralized government and greater power for individual states. They feared that a strong national government would threaten personal liberties and undermine the rights of states. Their arguments played a critical role in shaping the Bill of Rights, as they pushed for explicit protections of individual freedoms.

Articles of confederation 

The Articles of Confederation were the first governing document of the United States, ratified in 1781, which established a loose alliance of independent states and a weak central government. This framework aimed to preserve state sovereignty while managing collective affairs, but ultimately proved insufficient to address the growing challenges facing the new nation.

1. The Articles of Confederation created a unicameral legislature. only legislative

2. Lacked the power to levy taxes or regulate interstate commerce, which hindered its ability to generate revenue and maintain order.

3. emphasized state sovereignty

4. The lack of a strong central authority contributed to various problems, including economic instability and disputes between states over borders and trade

5. ultimately replaced by the constitution 

writ of mandamus

A writ of mandamus is a court order compelling a government official or entity to perform a specific duty required by law. This legal tool is significant in ensuring that public officials fulfill their responsibilities and uphold the rule of law, reinforcing the concept of checks and balances within the judicial system.

privileges and immunities clause

The Privileges and Immunities Clause, rooted in the Articles of Confederation, aims to ensure equal treatment of citizens across states. It promotes unity and prevents discrimination, reflecting the Founders' desire to create a cohesive nation where citizens can freely travel and conduct business. This clause is closely related to other constitutional provisions like the Commerce Clause and Equal Protection Clause. The Supreme Court has interpreted it narrowly, focusing on fundamental rights such as the right to travel and pursue a livelihood across state lines.

dual federalism

system of governance in which power and responsibilities are divided between the federal and state governments, each operating independently within their own distinct spheres of authority.

cooperative federalism 

governance model where federal and state governments work together on overlapping functions and share power over public policy issues. currently, the US mostly works in a cooperative federalism model.

devolution 

Devolution is the process of transferring power and responsibilities from the federal government to state or local governments. This shift allows for more localized decision-making and governance, enabling states to tailor policies to their specific needs. Devolution reflects the ongoing dynamic between federal and state authority, often driven by political, economic, and social factors that encourage decentralization.

The policy making system

People (interests) → Linkage institutions → Policy agenda → policy making institutions → policy → people (impact)

Linkage institutions

parties, elections, media, interest groups