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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.