AP GOV NOTES Unit 1 (class notes)

All Power Remains to the States and their Unitary Governments

  • Law Enforcement gets power from Sacramento (State Capitol)

  • Sheriff gets power from County

Confederate 1776 - 1788

  • Gained from the Iroquois 

  • At any point you can leave the confederation

Unitary Government shift into Federal Governments

  • Several Laws and Regulations Introduced

    • Education

    • Driving Laws

    • Licensing Laws 

    • Currency

    • Trade

    • Waging Wars

  • People choose them to represent in government & make policies

Direct Democracy

  • People vote directly on the laws 

  • Referendums, initiatives, and recalls

    • Initiative - Proposed drafts to Petitions to find new law by the people

Prop 8 = Same Sex Marriage Banned

  • Overturned by Supreme Court

Prop 13 = Property Tax Capped at 2%


Several Laws preventing the sales and tracking of firearms and numerous other goods.


Participatory Governments

  • Emphasizes broad participation in politics and civil society

    • Direct Democracy citizens participation, majority rule

  • Weaknesses: 

    • May result in violation of minority rights

    • Majorities are oppressive 

  • Federalist # 10 - Only difference between dictatorship and democracy the number of people involved 

  • Contemporary Groups 

    • Black Lives Matter

    • #Me Too Movement 

    • Occupy Wallstreet

    • Tea Party

    • March for our Lives 

      • Pluralist and participatory democracy

Pluralistic Democracy 

  • Emphasizes the role of groups in policymaking

    • Competition prevents any single group from dominating government 

    • Protects minority rights better than participatory democracy

      • NAACC -> Rosa Parks, MLK, 

  • Weaknesses:

    • Particularly strong group may have disproportionate influence

    • Interest groups, political parties

Federalist 10 -> Only way to stop factions is to counter with opposite factions

  • Nazis Party -> Jewish People

  • Ku Klux Klan -> checked by other groups and organizations

Elite Democracy

  • Emphasizes limited participation in politics and civil society

    • Representative democracy

  • Weaknesses: 

    • Government may be dominated by the wealthy, and those with high status is business, military, and politics

    • EisenHower’s Warning

  • Contemporary example

    • Electoral college, congressional law-making

Type of democracy that is reflected in the U.S constitution

  • Elite Democracy in the constitution, the electoral college selects the president because the framers didn’t trust the people to directly elect the president, established a republic instead of democracy

  • Participatory democracy in the constitution, amendments that expanded suffrage (15th, 19th, 26th), direct elections for House of Representatives

  • Pluralist Democracy in the constitution, Freedom of assembly allows for creation of interest groups & political parties

Weapons and Military Manufacturing Companies

  • Boeing

  • Lockheed Martin

  • Northrop Grumman

  • RTX (Raytheon)

Brutus No. 1 & Federalist No. 10

  • Federalist #10 is often used in support of pluralist democracy 

  • Brutus #1 is used in support of participatory democracy

Anti-Federalist

  • Anti-Federalists opposed the new constitution and believed in states rights

  • Feared

    • National government would restrict personal liberty

    • National government would take over state powers

    • Congress would tax heavy

    • The Supreme Court would overrule state courts 

    • The President would head a large, standing army 

  • Goals:

    • Have a bill of rights added

    • More restriction on governmental power 

    • Eliminate congress’ ability to tax 

Brutus #1

  • Emphasized the benefits of a small, decentralized republic

  • Warned of loss of liberty that would result from a large, centralized government

Federalists

  • Supported the new Constitution and a strong central government

  • Federalist #10 

    • A large republic is the best way to control factions, to delegate authority to elected representatives, and to disperse power between the states and national governments

Bill Of Rights - Approved and Enacted in 1792

  • First 10 amendments

  • Guarantees of individual rights from government abuse

  • Why would some people only support ratification of the Constitution if a Bill of Rights was added?

    • They thought they needed to be protected from the federal government

  • Why wouldn’t others, most notably, the federalists, argue that a Bill of Rights wasn’t necessary?

    • There were already laws that protected you from federal government 

  • Designed to protect people from the federal government

  • Expose Facto Law - No laws after the fact it has been established

Articles of Confederation

  • Established a very weak government

  • Established a unicameral congress in which each state had 1 vote

  • All states follow unicameral government except Nebraska because they’re special

  • No executive or judicial branch

  • Each state was sovereign

  • Congress could NOT:

    • Tax state or people 

    • Regulate interstate commerce

  • States COULD:

    • Impose tariffs on other states

    • Create their own currencies 

    • Refuse to recognize treaties by Articles of Confederation 

  • They needed a Congress that COULD:

    • Declare war and make treaties

    • Raise an army

    • Coin money

    • Borrow money 

  • Shays’ Rebellion

    • Lack of centralized military power led to a slow response to put down the rebellion

    • 78% of the government's income went into the custom house

      • Ensured taxes are paid 

    • Long Wharf surrounds Boston

    • No military response - lack of preparedness 

    • Showed the weakness of the government under the Articles of Confederation

      • “The straw that broke the Camel’s back”

      • NEED A STRONGER GOVERNMENT NOW

    • State Sovereignty: Each state governs itself no other form of government should have control

  • North of Ohio River Valley 

    • Divided up into sections so that most would have equal representation of participatory democracy 

    • Slavery not allowed anymore 

Legacy of French = Haiti

  • French didn’t leave much at all

  • French wanted more land = help the United States

    • Potential for profits in the South

  • Land was really bad and conditions only got worse

TOPIC 1.5 Ratification of the U.S. Constitution 

  • Compromise 

    • Coming together with a rationale or negotiations so that both parties achieve something

  • Constitutional convention

    • Stated purpose: For the sole and expressed purpose of revising the Articles of Confederation

    • Political Negotiation and compromise significantly impacted the development of the Constitution 

      • A constitution is a framework for government

    • Politically negotiate and compromise on the impact of the Constitution

  • Virginia plan

    • Bicameral legislature in which both houses are apportioned based on population

    • Favored on population

    • Favored large states

    • Stronger National Government 

      • James Madison (Squeaker) 

        • Pulls a stronger government out of all of the people

      • Most Powerful and Wealthiest State Government

        • Extremely Successful 

  • New Jersey Plan

    • Uncameral legislature in which all states are equal

    • Favored small states

    • Merely wanted to amend Articles of Confederation

  • GREAT COMPROMISE

    • AKA Connecticut Compromise 

      • Established a bicameral legislature

      • House: Population; Senate: 2 per state 

        • More people = more representation

      • All States are equal  

  • Grand Committee

    • Negotiated the Great Compromise

    • Convinced the large states to agree to the bicameral legislature with = representation in the senate by requiring that all revenue bills originate in the House 

  • States (important!!!!!) gave up power to make the national government

    • FARMERS GAVE UP NOTHING !!!!!!!!!!!!

  • Interests of different states aren’t going to change anytime soon

    • Senators re-elected every 6 years (State)

    •  House Seats are elected every 2 years (the people)

      • Takes time to campaign, more than 6 months

  • Electoral College

    • Compromise between those who wanted Congress to vote for the president and those who wanted citizens to directly elect the president 

  • Three-Fifths Compromise

    • Each slave would count as ⅗ a person for the purpose of representation in the House of Representatives

      • Owning a slave is worth thousands of $$$ to this day

    • This compromise gained the support of the South without the support, Compromise wouldn’t pass

  • Compromise on importation of slaves

    • Congress could not ban the importation of slaves for 20 years from the ratification of the Constitution

    • Southern states agreed to end the importation of slaves after 20 years if northern states returned fugitive slaves

  • Amendment process

    • Debates about self-government during the drafting of the constitution led to the establishment of an amendment process. The Constitution can be amended by either 

      • ⅔ vote in both Houses of Congress to propose & ¾ of state legislatures ratify

      • ⅔ of the states request a national convention to propose & 3/4 of state conventions ratify 

      • Only 27 Amendments due to inability to come to agreements 

        • Everyone would know if a new amendment would be passed

        • 27th - Congress makes a law 

        • which determines their own pay, the pay raise may not take effect until the next election

  • The Constitution is nothing but a bundle full of compromises

  • Contemporary debates

    • What is the proper role of the central government?

    • Government is stealing my information 

1.6 Principles of American Government 

  • Laguna Beach = Wealthiest District due to housing

    • Girl with severe autism = denied and sent to a lower class school = parent outrage

      • Lawsuit time !!!!!!!!!!  

  • Federalist 51:

    • Madison - Not end democracy but keep it self maintained

      • Greater access points to government

  • Separation of powers

    • Governmental powers are assigned to three different branches of government: Legislative, Executive, and Judicial

  • Congressional powers

    • Make laws  

    • Power of the purse 

    • Declare war 

  • Executive powers

    • Enforce laws 

    • Makes treaties

    • Commander-in-chief for the military 

  • Judicial powers

    • Interpret laws 

    • Review decisions of state and lower federal courts 

  • Checks and balances

    • Each branch is given the ability to block or influence other branches, regulate power 


  • Congressional Checks on President/Executive

    • Override Veto

    • Impeach the president

    • Refuse to pass a bill

    • Confirm presidential nominees

    • Ratify treaties

  • Congressional checks on judiciary

    • Alter # of judges

    • Change jurisdiction of lower courts

    • Propose a constitutional amendment

    • Pass legislation 

    • Conform judicial nominees 

    • Impeach federal judges 

  • Executive checks

    • Presidential checks on Congress

      • Veto legislation

    • Presidential checks on Judiciary

      • Nominate federal judges

      • Ignore a Supreme Court ruling

  • Judiciary checks

    • On congress

      • Declare federal laws unconstitutional

    • On president

      • Declare executive orders/presidential actions unconstitutional 

  • Separation of powers and checks and balances

    • Prevents any one branch or person from obtaining too much power 

    • Provides multiple access points for stakeholders and institutions to influence public policy

    • Ensure that the people’s will is represented and freedom is preserved 

Federalism

  • Division of powers between national state and local government

  • In a federal system, sovereignty is shared by the national government and by state governments

  • The relationship between the states and national government is dynamic because it has changed over time 

Delegated powers

  • Given to the federal government 

  • Coin money 

  • Foreign policy and trade 

  • Immigration 

Reserved powers

  • Held by the states

  • Education 

  • Health and welfare

  • Licenses 

  • Marriage 

Concurrent powers 

  • Powers held by both federal and state governments

  • Tax

  • Borrowing money

  • Established banks 

Layered cake vs marble cake

  • Dual federalism (layered cake)

    • Federal and state governments are each supreme in thei brown sphere; their powers do not overlap

  • Federal government had little power

  • cooperative federalism (marble cake)

    • Federal and state governments share responsibility, cost, and administration of policies

    • Federal government makes the rules

    • Gives more power to the federal government 

Civil War/New Deal

  • Federal power grew during the civil war and then permanently expanded during the great Depression when the federal government began taking an active role in the economy

  • The new deal is sen as the point of transition from dual to cooperative federalism

National recovery act of 1933

  • As a part of FDR new Deal, the NRA authorized the president to regulate industrial prices and wages in hopes that this would stimulate the economy caught within the grips of Great Depression. The NRA led to a dramatic increase in federal economic regulation

Grants-in-aid

  • Federal money to states for specific purpose

    • 90% of federal money to states comes in the form of categorical grants

    • Usually preferred by the federal government/Congress because it gives congress more control over how the money is spent

  • Categorical grants 

    • incentives/conditions-of-aid

      • “Strings attached”; what states must do to receive federal money (technically optional)

    • Funded or unfunded mandates 

      • Rules of states MUST do, whether they receive money or not

National Minimum Drinking Age Act

  • The goal of the law was to have a uniform minimum drinking age of 21 nationwide. The law dictates that any states that allowed people under 21 years of age to purchase alcohol would have their federal highway funds reduced by 10% each year. 

American with disabilities act of 1990

  • The ADA banned discrimination against persons with disabilities. One element of the ADA was that it included an unfunded mandate to state governments that all public buildings, for example, public schools and courthouses, must be accessible to disabled persons 

Block Grants

  • Federal $ given to states to use within a broad purpose

  • Preferred by states because they have more freedom to choose how to use the money

Revenue Sharing

  • Federal money allocated to state and local governments with no strings attached. Federal revenue sharing existed from 1972-1986

    • “Share pls, im poor” - no longer works

Federal Grant

  • Gives Federal money but is regulated based on traits or spending location which weakens state power

Devolution

  • Attempts to give power back to the states

New federalism

  • A return to more distinct lines of responsibility for federal and state programs 

Expressed powers 

  • AKA explicit

  • Directly stated in constitution

  • Article 1 Section 8 Clause 1-17 (expressed powers)

Implied powers

  • Not directly stated in the constitution; claimed by congress, based on the necessary and proper clause

  • Allow Congress to make economic, environmental, and social legislation 

  • ARTICLE 1 SECTION 8 clause 18 (implied powers)

    • Elastic Clause 

      • Necessary and proper clause to grant power

Commerce Clause

  • Congress has the power to regulate interstate commerce

Supremacy Clause

  • When Federal and state laws conflict, the federal law is superior 





INTERSTATE = COMMERCE ACROSS STATE LINES

  • Congress has power


INTRASTATE = business inside a state

  • Congress = no ability to regulate

Balance of power 

  • Between national and state governments has changed over time

McChulloch V Maryland (1819)

  • Declared that Congress has implied powers necessary to implement its enumerated powers 

  • Established supremacy of the US constitution and federal laws over state laws

  1. How to make a bank when constitution doesn’t consider banking an option

  2. How can Maryland even tax people

Supremacy = Federal is higher than State but both can’t do certain things 

Federal = upper hand over the case


Changing interpretation of the Commerce Clause

  • Constitution

    • Congress shall have the power to regulate commerce with foreign nations, and among the several states

  • Gibbons V Ogden (1825)

    • Declared that ONLY 

    • Congress can regulate interstate commerce. States CANNOT

  • 1937-Present

    • Very broad interpretation of “interstate commerce”

    • Allowed congress to regulate anything 

Civil Rights act of 1964

  • Outlawed racial discrimination by businesses that serve the the public such as restaurants, theaters, stores, etc

  • Congress claimed the commerce clause gave them power to regulate these businesses

  • The court ruled that it was interstate commerce because even though the the motel is in a single state, many of its guests come from out of state, therefore the motel is engaging in interstate commerce

  • The CRA applies to restaurants who serve food that has crossed state lines

Gun Free School Zones Act of 1990

  • Made it a federal crime to bring a gun within 1,000 feet of a school


United States V Lopez (1995)

  • First modern limit on Congressional use of its commerce clause power 

  • Introduced a new phase of federalism that emphasized that importance of state sovereignty and local control 

Violence against women act of 1994

  • Allowed domestic violence victims to file civil lawsuits in federal court  

United States v Morrison (2000)

  • Ruled that congress exceeded their commerce power and struck down the civil suit portion of the law 

  • The court emphasized the noneconomic, criminal nature of conduct, that was regulated 

1.9 

Federalism

  • Advantages 

    • Multiple access points offer more opportunities for political participation  

    • States can make policy specific to their individual needs 

    • States can make policy in absence of national consensus 

    • States can be laboratories of democracy

    • The federal government can establish uniform policy when necessary 


Senate Majority Leader

  • Determines what Bills are introduced to the Senate

Selecting Judges

  • Presidents wants Judges who are ideologically similar to him

Tenure

  • Life Term; can’t be fired or have pay reduce 

Strategic Retirements 

  • Judges retired when a president from their party is in power

  • Desire to be replaced by somebody ideologically similar

Recess Appointments

  • President nominates judges while Congress in recessed

  • Sometimes used by president to fill court vacancies with judges who the Senate may not confirm

  • Recess appointment judges serve for 1 year and must be confirmed by the senate by then to remain in the position

NLRB V. Noel Canning (2014)

  • Jan, 2012, Obama made recess appointments for district court judges before the session of Congress began at the end of the month. However during Jan the Senate met in pro forma (brief meetings sometimes less than a min) every 3 business days

    • The 3 day break between pro forma sessions does not represent a significant break and cannot justify use of a recess appointment. 10 days was the appropriate lower limit to trigger the recess appointments 

    • Decreased the power of the president