AP Gov Unit 1

Government - the rules and institutions that make up the system of policymaking

Politics - the process of influencing the actions and policies of government

  • Determines how people are going to use, allocate, influence, and regulate the institution and resources

  • How power will be divided

 

What should governments do?

  • Security (protect citizens, countries boarders)

  • Public services (schools)

  • Preserve Order (civil rights riots)

  • Collects Taxes

How should we govern?

  • A DEMOCRACY

 

Ideals of Democracy:

  • Natural Rights (Life, Liberty, and Property -- John Locke)

    • Rights given by birth not monarchy

  • Social Contract/ Popular Sovereignty

    • The power is in the hands of the PEOPLE

    • The state is the servant of the people

      • Social Contract - Rousseau

    • People can revolt if government break the contract

  • Limited Government

    • Separation of Powers

      • Legislative, Judicial, Executive

    • Checks and Balances

      • Supreme court --> regulated by constitution amendments

    • Federalism

      • Shared power between national and state gov.

      • Both tax, make laws

    • Republicanism

      • Representative Republic

      • Representatives elected to legislate on behalf of the people

      • Feared democracy would lead to mob rule

 

Declaration of Independence - Thomas Jefferson

  • Greatly influenced by enlightenment thought of natural rights and social contract

 

 

American Political Culture - a set of beliefs, customs, traditions and values that American share

  • Popular sovereignty

  • Republicanism

  • Inalienable rights

    • Rights, Liberty, pursuit of happiness

  • Liberty

    • Freedom from and freedom to

      • Freedom from interference by a government

      • Freedom to pursue one's dreams

  • Pursuit of Happiness

    • Everyone will be rewarded based upon their efforts

    • "American Dream"

  • Religion

    • Played a significant role in US History

    • Should be a line between government and religion

 

Democracy

  • Aristotle viewed democracy as "demons rule" --> BAD

  • Did not approve poor uneducated commoners to be trusted with power

    • Can be easily manipulated by an evil person

 

Dahl's Theory (Traditional Democratic Theory)

  • Equality in voting

  • Effective participation - your decisions reflects the will of the people

  • Enlightened understanding - free press and free speech

  • Citizen control of the agenda - governments decisions is REFLECTIVE of the people

  • Inclusion - citizenship should be available to ALL

 

Theories of American Democracy (who really governs?)

  1. Participatory Democracy

    1. Broad participation of citizens in politics and civil society

    2. More population = more laws  

  2. Pluralist Theory

    1. Group-based activism by nongovernmental interest groups

    2. Groups form different opinions --> conflictive pluralism

    3. BUT only addresses strict bipolar parties --> yes or no

      1. In reality, there is more than just two groups --> too many groups = too conflicting and nothing gets done

    4. Criticism: Some groups have more power than others

  3. Elite and Class Theory

    1. The top 1% is the biggest influence on policy decision

      1. Dahl refutes theory --> too naïve theory

    2. Examples, Electoral college and supreme court

 

Paradox of Democracy

  • Citizens don't always get what they want

  • Coercion is necessary

    • Middle ground people can accept

  • Majority rule is not always fair

  • Low percent of people trust the government --- but High percent of people believe democracy is the best option

 

Types of Government

  1. Totalitarian -- a system where the government hold ABSOLUTE Power over ALL aspects of public and private life

  2. Authoritarian -- Power is concentrated in the hands of a single rules or small group

    1. Gives economic freedom

  3. Representative Democracy -- citizens elect officials to make decisions on their behalf

Articles of Confederation (national Government) (1781-1788)

  • Intentionally weak

    • No power to Tax!!

    • No power to regulate interstate commerce!!

    • No National Court System

    • No power to enforce treaties

    • No Power to enforce laws

    • No power to raise an army

  • Unicameral (one-branch) legislature

  • Each state had one vote (equal representation by state)

  • Perpetual Unity --> all states had to agree to change the articles

State Governments

  • Can tax imports and exports

  • Operate like independent countries

 

Crisis

  • Shortage of hard money

  • High war debt

    • Other governments raised taxes to pay debts

  • Trade agreements between states and foreign trade were complicated and varied

  • Threat by European Powers

The Annapolis Convention (1786)

  • Meeting was announced to discuss interstate commerce

  • 5/13 states attended (weak attendance)

  • Decided to revise the entire government (the articles of confederation) --> called for meeting May 1787

Shays' Rebellion (1786)

  • Protesting taxes and lost land

    • Lack of money in total resulted in high taxes and taken away property to cover debt

  • Attacked the courthouses to slow down foreclosure

  • National Government COULD NOT raise an army

    • Wealthy elites in Boston paid a private army to put down rebellion

  • Announced the significant weakness of US government

The Constitutional Convention (1787)

  • 12/13 states showed (except RI)

  • Held for the sole purpose of revising the Articles of Confederation

    • Decided to start a new government from SCRATCH

    • Treason --> discussed in secret

  • George Washington - president of the convention

  • James Madison - "Father of the Constitution"

    • Took copious notes throughout the convention

    • Author of the Virginial Plan

  • Thomas Jefferson was not there

    • He is the writer of the declaration of independence --> like to revolt --> convention organizers intentionally let him out

    • They wanted CONTROL AND STABILITY

  • John Adams was not there

  • The Great Compromise - Roger Sherman proposed

    • Bicameral Legislature -- both houses representatives determined by state population (proposed by Madison)

      • Small states wanted EQUAL REPRESENTATION

    • One house (House of rep) relied on population, one house (senate) had equal representation

      • House directly elected by citizens

      • Senate has 2 reps appointed by state legislatures

        • Since 1913 --> now elected by popular vote  

  • How power is given

    • Federal Form

      • Division between national and state governments

    • Separation of Power

    • Checks and Balances

  • 3/5 Compromise

    • Northern's did not want slaves counted into state population for houses but wanted slaves counted when calculating tax money

    • South claimed vice versa

    • Compromise for both representation and taxation

  • Tariffs

    • Government granted access to placing tariffs on IMPORTS

  • 20 years Compromise

    • Northerners wanted to abolish the importation of Slavery

    • Agreed that in 20 years after constitution is ratified congress can ban the importation of slaves in the US

    • Ratified 1787

  • The Presidency

    • The electoral College - Compromised used to elect a President that included both people and government

      • They did not trust the people

    • 4-year terms

    • Unlimited terms

 

The Virginia Plan - Maddison

  • Congress was intended to become the major power in government --> resulted in this plan

  • 3 branch gov.

  • Bicameral legislature

  • Houses based on population

New Jersey Plan

  • Give more power to state governments

  • Unicameral legislature

  • Number of representatives equal per state

 

Constitution

  • Intentionally vague and up to interpretation

  • Ratified June 12, 1788, after New Hampshire the 9th state

    • First - Delaware

    • Last - RI

 

Article 1: Legislative Branch

  • House of Rep + Senate

  • Where laws are discussed, written, and voted on

    • Can override a president's veto if 2/3 rules

  • Section 8 lists the power of Congress

    • Authority to collect taxes, borrow money, regulate commerce, declare war, maintain an army and navy

  • Section 9, writ of hebeas corpus

    • Government cannot put someone in jail without given an explanation of why

  • No bills of attainder

    • Can't determine someone is guilty without a trial

  • No ex post facto laws

    • Can't prosecute someone for an action under a law before the law was passed

  • No title of nobility shall be given

 

Executive

  • President, VP, and Cabinet

  • Approves and carries out laws written by the legislative branch + Vetoes or disapproves certain laws

    • Commander in Chief of the armed forces

  • President needed some independence, particularly from the Congress

Judicial Branch

  • Supreme Court + federal courts

    • Judges given lifetime appointments --> Independent from popular politics and interference by other branches

  • Determines if laws align with the constitution or not, settles disputes between states, state vs. gov, and between citizens

    • Oversees executive branch action

  • Article 6, Clause 2 - Supremacy clause

    • The constitution, national treaties and laws are the "supreme law of the land" therefore superior to any conflicting state laws or constitutions

    • Protects federalism

Full of faith and credit clause

  • requires that the states honor the public acts and judicial decisions that take place in another state

Privileges and immunities clause

  • a state cannot discriminate against someone from another state or give its own residents special privileges

 

Making Changes to Constitution

  • Amendment (article V)

    • Intended to be slow and difficult to achieve

    1. Officially proposed

      1. Passed by 2/3 vote in house and senate

      2. Passed in a national convention called at the request of 2/3 of the states

    2. Ratified --> congress will determine which method will be used

      1. Majority vote in 3/4 of state legislatures

      2. Acceptance by  3/4 of state ratifying conventions

 

Federalists vs. Anti-federalists

  • Favored strong national gov. vs. favored stronger state governments

  • Wealthy elites vs. rural farmers & shopkeepers

  • Argued over a lack of bill of rights In the constitution

 

Federalist 10 - Maddison

  • Federalists papers --> published essays/political propaganda to persuade people to ratify the constitution

  • Answers: How will the new constitution protect the liberty of citizens against the tyranny of the majority?

    • Faction - a group of self-interested citizens who's desire is to dominate a democratic government, to get what they want

      • Either stop factions from forming --> destroys liberty

      • Or Limit their effects --> Republican style government

        • As nation grows ---> take in variety of parties and interests --> more factions --> each power will the diluted --> forced to compromise their interests

        • A large republic and national government will limit factions

  • Argued against direct democracy --> Federalist 51

Federalist 51 - Maddison

  • Explained how the separation of powers, federalism, and representative government will prevent tyranny

Brutus no. 1

  • Anti-federalists papers --> against the ratification of the government

  • Believes the country is TOO LARGE to be governed as a republic + constitution gave too much power to nat. gov.

    • Argues confederated governments is the BEST

    • Disliked following:

      • Necessary and proper clause

        • Congress can make any laws necessary

      • Supremacy clause

        • Federal laws have greater authority to state laws

      • State governments will die

      • Any gov. that exists can only collect a small amount of taxes --> cannot have federal and state collect taxes

  • Systems of Governments

    1. Unitary System -- system where the central government has all the power over subnational governments

    2. Confederal System -- all power in subnational governments have most power

    3. Federal System -- power is divided between the national and state governments (best option)

     

    Constitution

    • Supremacy Clause

      • all states are required to obey all national laws and treaties

      • All state courts must follow constitution

    • Enumerated powers (powers only federal gov has)

      • Power to coin money

      • Only congress can declare war

      • Only federal gov. can maintain military army

      • Commerce Clause - gives government power to regulate trade btw foreign countries, states, and sub nations.

      • Necessary and Proper Clause (Elastic Clause/Lynch Pin Clause) - allows the constitution to grow and change *most important clause

    • With these three clauses, congress has all the power it needs to govern the US

    • All Banks are Federally insured --> federal gov. has power

      • Therefore since marihuana is federally outlawed, so marihuana money cannot be stored in banks

    State Governments

    • 10th amendment - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    • Reserved Powers

      • Handle all issues of "Local Character" (Ex. Use of water)

      • To control the manufacture/production of goods that are old exclusively within the state

    • Criminal Laws (90% at state level)

      • Can be prosecuted by both state and federal courts --> not double jeopardy

    • Diversity between state laws

      • In Minnesota --> prostitution is legal in certain houses

      • In Texas --> prostitution is illegal

    • If state laws and federal laws conflict --> federal gov. can choose to not arrest people in states who perform against federal law

    Shared Powers

    • Taxing

    • Court System

    • Legislature

     

    McCulloch v. Maryland (1819)

    • Maryland wanted to sue second bank of US for not paying taxes to the state

    • John Marhsall

      • Is bank constitutional? -- Yes, implied power from constitution

      • If it is, does state of Maryland have right to tax?

        • People Ratified the Constitution --> the power comes from the PEOPLE

        • The power to TAX == Power to DESTORY

        • A part of the government cannot be taxed by states

        • No

    Gibbons v. Ogden (1824)

    • Two different companies have been granted a monopoly along the same route by either federal or state government.

    • Supreme Court ruled interstate commerce is the EXCLUSIVE right to federal gov.

    Dred Scott v. Sandford (1857)

    • Taney

      • Ruled Scott as a piece of property not citizen--> had no standing in the federal court or protection from federal law

      • Establishing that the federal government cannot control slaves in the states

    • Ratification of Civil War Amendments

      • Congress attempts to regain federal power from states

      • 13th - ends slavery

      • 14th - defines citizenship, due process clause, equal protection clause

      • 15th - right to vote regardless race/ethnicity

        • Cannot be denied the right to vote --> targeting African males

    • Limited National Government --> supreme court trying

      • 1883 Civil Rights Cases

        • Private businesses do not abide by 14th amendment

      • Plessy v. Ferguson (1896)

        • Establishing separate but equal facilities are constitutional

        • Recognized legal racial segregation

      • Establishes federal, state, and local govs. Are separate and distinct

        • Powers don't mix

     

    Cooperative Federalism (1900s)

    • Federal gov. provides money and sets standards --> states are overseers of programs (Cooperation)

      • Facilitated from the GREAT DEPRESSION

      • States needed money, therefore abided by federal policy for money

    • US vs. Derby

      • Shifting understanding of interstate commerce

    Modern American Federalism (Fiscal Federalism) - after 1950s

    • National gov. has an agenda

    • Exercises more influence over the states

      • Revenue sharing --> federal gov. gift states LOTS money to do what they want

        •  believed states knew how to help the needs of their residents better than federal gov.

      • Block Grants --> Money with few requirements

      • Categorical Grants --> More restrictions on Money given

        • Ex. Food stamps

      • Mandates --> specific programs the government INSIST on being carried out by states

        1. Policy (funded mandate) --> every state will implement but gov. provides funds

          • Ex. Clean Water & Clean Air act

        2. Non-funded mandates --> must institute but no funds

          • ADA Act -> all structures built must be friendly to people with disabilities

    •  US v. Lopez

      • Ability for students to bring guns to school

      • Supreme Court ruled in favor of Lopez

        • First time in 50 years, Supreme court told the government no

        • If bringing guns is commerce --> then everything is commerce that the gov can regulate