AP United States Government - Constitutional Underpinnings Notes

Constitutional Influences on Founding Fathers

• John Locke:

  • Believed people are naturally good.
  • Emphasized natural rights and a limited government via social contract.

• Thomas Hobbes:

  • Argued that people are naturally evil and selfish.
  • Supported a broad governmental role where people trade rights for protection.

• Baron de Montesquieu:

  • Advocated for the separation of powers to prevent tyranny.
  • Originated the concept of "Checks and Balances."

• Magna Carta (1215):

  • Agreement limiting the British King’s power.
  • Established that leaders are not above the law.

• Iroquois Confederacy:

  • Alliance formed by warring tribes, influencing the Articles of Confederation.

• Republic of Rome:

  • Inspired the establishment of a Bicameral Legislature and a judicial system.

The Declaration of Independence

• What did it do?:

  • Severed ties with Britain.
  • Listed grievances against the King.
  • Established America’s philosophical foundation.

• What didn’t it do?:

  • Did not organize a government.
  • No declaration of war.
  • Did not guarantee rights.

Articles of Confederation

• Characteristics:

  • Created a weak and inflexible central government.

• Major Issues:

  • No president or judiciary.
  • Required 9 out of 13 states to pass laws.
  • Central government lacked taxing power.
  • Unable to regulate trade.

The Constitution

• Transition:
  • Shays’ Rebellion highlighted the shortcomings of the Articles.
  • Led to the Constitutional Convention to restructure the government.

Constitutional Compromises

• Connecticut Compromise:

  • Established a bicameral legislature:
  • House of Representatives (population-based).
  • Senate (2 representatives per state).

• 3/5th Compromise:

  • Slaves counted as 3/5 of a person for congressional representation.

• Indirect Election of President:

  • President elected for a renewable four-year term via the Electoral College, indicating concerns about public education.

Enumerated Powers in the Constitution

• Powers given to Congress include:
  • Taxation, borrowing money, regulating commerce, declaring war, raising an army, and establishing courts.

Important Constitutional Clauses

• Necessary and Proper Clause:

  • Congress can pass necessary laws to fulfill enumerated powers.

• Commerce Clause:

  • Allows Congress to regulate foreign and interstate trade.

• Supremacy Clause:

  • National law supersedes state law, strengthening the central government.

• Ex Post Facto Clause:

  • Laws cannot take effect retroactively.

Amending the Constitution

• Difficulties:
  • Requires 2/3 approval from both the House and Senate and 3/4 of state legislatures.
  • Amendments circumvent Supreme Court rulings.

Bill of Rights

• 1-10 Amendments Overview:
  • Protects individual rights such as freedom of speech, the right to bear arms, protection from illegal searches, etc.

Political Parties & Government Structure

• Political Influence:

  • Checks and balances are designed to prevent the concentration of power and tyranny.

• Structure of Federal Courts:

  • Judicial review, the role of the cabinet, and executive orders.

Federalism

• Definitions:

  • Dual Federalism: Clearly defined roles between state and central governments.
  • Cooperative Federalism: Shared responsibilities among different government levels, influenced by historical events.

• Refinements in Federalism:

  • Important Supreme Court cases such as McCulloch v. Maryland and Gibbons v. Ogden refined relations between state and federal governments.

Fiscal Federalism

• Grants Overview:
  • Categorical Grants: Specific projects, competitive among states.
  • Block Grants: Broad focus, allocated by formula, increasing state power.
  • Unfunded Mandates: Require states to comply with federal regulations without financial support, decreasing state power.