AP GOV/LaManna Vids

1.1 Ideals of democracy

Preamble: The Preamble to the Constitution outlines the fundamental purposes and guiding principles of the government, emphasizing the importance of justice, domestic tranquility, common defense, general welfare, and securing the blessings of liberty.

Imagine world with no government: Man in a State of Nature: Complete freedom to act according to one's own will, but also subject to the chaos and insecurity that can arise without a structured system of laws and governance.

John Locke presents a more optimistic perspective, suggesting that in a state of nature, individuals have natural rights to life, liberty, and property, and that government is necessary to protect these rights.

Thomas Hobbes views it negatively “solitary” and ‘Brutish”, arguing that without a powerful authority to impose order, life would be chaotic and dangerous, leading individuals to seek protection through a social contract.

3 Ideals of democracy:

Popular Sovereignty:

• The principle of popular sovereignty asserts that the authority of the government is created and sustained by the consent of its people, typically expressed through elected representatives. This foundational idea is crucial in democratic societies as it emphasizes that the power of the government derives from the will of the governed.

Natural Rights

• Natural rights are fundamentally those rights that individuals possess by virtue of being human, independent of any government or legislation. Cannot be arbitrarily taken away. This concept, heavily promoted by philosophers such as John Locke, includes the essential rights to life, liberty, and property. It highlights the notion that government exists to protect these inherent rights. Any breach of these rights by the government can lead to public outcry and demands for accountability, as citizens believe they have a claim to these rights that cannot be infringed upon.

Social Contract

• People in society give up some freedom to maintain social order and protect natural rights. Government to protect your rights which is why people establish governments, but you have to give up some of your rights.

Limited Government

• The power of the government cannot be absolute.

Separation of Powers

Three branches with designated responsibilities and powers

Checks and Balances

• Ability of each branch to influence or limit actions of other branches

Federalism

• division between state and federal gov

Republicanism

• Representative form of government

• representatives vote for people

Rule of law

• no person is above the law

Majority rule with minority rights

• protect tyranny of the majority

Liberal democracy

• based on freedom and representation

1.2 Types of Democracy

There are 4 types of Democracy

Democracy means rule by the people

Direct democracy or pure

• people vote directly on policies

initiatives

• can propose a bill that can get voted on by the state’s residents

referendum

• residents can vote on a bill by state legislature—only at state level

Framers established republic

• Because they didn’t trust the people

• People weren’t educated enough

• Mob tule

• Not a democracy

Participatory democracy

• Emphasizes broad citizen participation and an active role for citizens in politics and a civil society

• —voices should be heard, social movements, protests, BLM movement people participated in politics

• freedom of speech

• Amendments that increased suffrage: 15th 19th and 26th

Pluralist democracy

• group based activism to impact policymaking

• political parties or interest groups like-minded people to promote their policy agenda

• freedom of assembly

• What are questions emphasizing in the test?

• collective role then pluralist

• individual actions then participatory

Elite democracy

• limited citizen participation in politics small group of elites have the most disproportionate power

• reestablished respublic and electoral college

1.3 Government power and Individual Rights

Antifederalists

• Opposed the new constitution and supported state sovereignty, central government way too strong

  Feared Federal Gov

• would be too powerful restricting personal freedom

• would trample states’ rights

• would tax citizens too heavily

• federal SCOTUS would overrule state courts

• standing army would lead to tyranny

  Advocated for

• Bill of Rights to protect individual liberty

  • first ten amendments to constitution guarantees of individual liberty that federal gov can’t take away

• more explicitly limits on federal power

eliminate congresses power to tax

Important Docs Need to Remember

Brutus 1(antifederalist)

• favored small, decentralized republics with more local decision making

Federalists

• supported new constitution and stronger central government

Fed 10 — Factions

• Argued for large republic

• delegated authority to elected representatives

• dividing power between federal and states

Fed 51

• separation of powers, checks and balances, maintaining a limited government

• difficult to be strong but not too strong to not infringe

1.4 Challenges of the Articles of Confederation

Articles of Confederation

• States were sovereign

• Fed Gov only had legislative

• no executive or judicial

• each state had 1 vote

• unanimous to amend

• no enforcement

  Congress could

• declare war

• make treaties

• military officers

• coin money or borrow money

  THEY COULD NOT

• lay or collect taxes

• regulate interstate commerce

  States could

• coin money and establish currencies

• refuse to recognize federal treaties

• impose tariffs on goods from other states

Shay’s rebellion

• highlighted weakness of articles lack of centralized military governs led to slow response showing weakness of the articles of confederation causing more people to support new constitution

1.5 Ratification of the U.S. Constitution

Constitutional convention

• for sole and expressed purpose of revising AOC

• negotiation and compromise

The Great Compromise

• Virginia Plan

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

  • favored large states

  • stronger central government

• New Jersey Plan

  • Unicameral legislature in which all states are equal houses are apportioned based on population

  • favored small states

  • Merely wanted to amend articles

• Leads to GREAT COMPROMISE or Connecticut Compromise

  • established Bicameral legislature

  • HOR based on population

  • Senate based on equal rep per state 2.

• Grand Committee

  • negotiated the grand compromise

    • convinced large states to agree by requiring that all revenue bills originate in house

• Electoral College'

  • chooses the president; some wanted congress others wanted citizens to elect president

• Three-Fifths Compromise

  • enslaved persons counted as three fifths of a person for congressional apportionment

  • south overrepresented in house and electoral college

• Compromise on Importation of Slaves

  • Slave trade could not be banned for 20 yrs followed ratification of constitution

• Amendment Process

  • two thirds of congress propose

  • three fourths ratify

  • two thirds of states propose

  • three fourths’ states ratify

1.6 Principles of American Government

• Framers’ sus of power

• Separation of Powers and Checks and balances

Separation of powers

• each branch assigned specific powers

  • legislative makes laws

  • executive enforces laws

  • judiciary interprets laws

Checks and Balances

• each branch can limit/block/influence actions of the other branches

• Impeachment

  • House impeaches/indicts by majority vote

  • senate holds trial 2/3 vote to convict

• Judicial; unconstitutional

• Decentralized: power not concentrated in one place

• Centralized: power is consolidated in one place

Congress Prevented from Passing

Writ of Habeus Corpus

• An arrested person must be brought to a judge, and either be charged or released

Bill of Attainder

• A law declaring a person guilty without a trial

Ex Post Facto Law

• after the fact

a law criminalizing an action that was legal when it occurred

Relationships Btwn States

Full Faith and Credit Clause

• states must honor legal decision of other states

marriage etc.

Privileges and immunities clause

• states can’t discriminate against residents of other states

Extradition

• states must return fugitives to their original state

1.7 Relationships Between States and National Gov

Federalism

• Division of power between the federal, state, and local governments shared sovereignty

Unitary

• Sovereignty held by central gov

Confederacy

states are sovereign

Delegated powers

• Given to the federal gov aka exclusive enumerated powers

• states before national

Reserved Powers

• all powers not mentioned in constitution

• not delegated to the federal

• 10th amendment

Concurrent Powers

• Held by both state and nation

Dynamic Federalism

• Changing balance of power between states and federal government over time

Dual Federalism

• State and federal are each supreme in their own sphere; powers don’t overlap

Coopertive Federalism

• states and federal share responsibilities, cost and admin of policies

Grants in aid

• federal money provided to states

Categorical Grants

• Federal money to states for specific purpose

• preferred by congress

Conditions in aid/incentives

• requirements states must satisfy to receive grant

• Reagan drinking age

Mandates

• rules that states must follow whether federal gov provides money or not.

Block Grants

• federal money to the states for use within a broad policy. Giving more discretion to states.

• preferred by states.

Revenue Sharing

• federal money to states with no strings attached

1.8 Constitutional Interpretations of Federalism

Enumerated powers

• directly written in constitution

Implied powers

• powers of congress not directly written in constitution

Necessary and Proper Clause/Elastic Clause Art 1. S. 8

• Congress can make laws ‘Necessary and Proper’ For executing their enumerated powers

Supremacy Clause Art.6

• Federal is superior when state and Federal conflict

Commerce Clause

• Allows congress to regulate interstate commerce

For states its INTRA state they can control

• Gibbons v. Ogden

  • Set Precedent only congress can regulate interstate commerce

• Modern Interpretation

  • congress can regulate anything affecting interstate commerce

10th amendment

reserves all powers not delegated to the Federal or denied to the states, to the states

1.9 Federalism in Action

Advantages

• multiple access points for political participation

• states can make policies for their unique needs

• states can make policy in absence of national consensus

• federal can make unified policy

• states serve as laboratories of democracies

  • Laboratories of Democracy

    • states can experiment with new policies while other states and federal government observe

    • Marijuana policy

Disadvantages

• Tougher for Federal to implement unified policy

• states’ rights used to perpetuate discrimination

New Federalism

A return to more distinct lines between state and federal responsibilities.

Devolution

attempts to return power to the states

Need to Know SCOTUS CASES

US v. Lopez

Facts:

• A HS student in Texas brought an unloaded gun to school and was charged with violating the federal gun free school zones act of 1990 which banned intentionally carrying a gun in a school zone.

Issues:

• Did the gun free school zones act of 1990 unconstitutionally exceed Congress‘s authority to legislate under the commerce clause?

• This case has nothing to do with the second amendment

• In contentious 5-4 ruling the holding held that the gun free School zones act of 1990 is unconstitutional

• Commerce clause: congress can regulate anything affecting interstate commerce

Reasoning: The reasoning had been that possession of a gun in a school zone does not substantially affect interstate commerce. The commerce clause does not grant Congress endless power.

Majority Opinion:

• if the court allowed Congress to make the law, there would be no limit to Congress’s power.

• there’s a distinction between things that are truly national and local

• Some powers are reserved to states via the 10th amendment

Dissenting Opinion:

• Rational basis test

• If Congress found a rational reason for it the first time for this to be leading to crime, which is why they had to use the extent of their power then we should allow them to administer it.

• Not consistent with other rulings enacted by affecting commerce

• Win for state rights

• Doesn’t allow for interpretation of commerce clause

Brutus 1

• Pre-eminent anti-federalist paper

• Written to a oppose ratification of the constitution

• Argues for state rights and against a stronger central government

• Brutus emphasizes the permanence of the decision if people vote for ratification

• Once people empower government they can’t get that power back

• Claims elastic and supremacy clauses will give the federal government unlimited power

• With the legislative power being able to lay taxes ;There’s no limitation to this power.

• Power tax will be used tyrannically

• Every man that becomes invested with power will always try to increase it and acquire superiority over everything that stands in their way

• Federal dominate the states

• Supreme Court will swallow up all the powers of the state courts striking down state laws further

• History furnishes no example of a free republic anything like the extent of the United States. Essentially, he’s saying that the only successful republics in history have been small.

• 13 small republics is better than one large republicHey

• And a pure democracy the people are the sovereign this kind of government cannot be exercised over a country of such considerable extent therefore, the democracy can only succeed in a small area like a city

• Brutus can also be argued for participatory democracy

• in a large republic you either have so many representatives that Congress cannot function

• or representatives will have so many constituents that people aren’t really represented

• two diverse to be a single republic

• a republic up of similar interests

Federalist 10

• FactionS

• Large republic is the best west to control the negative effects of factions

• One of the best things about union is it will break violence of factions

• Factions is majority or minority of people with common interest adverse to rights of other citizens

• Worried about groups that specifically want to harm other citizens

• A large republic is the best way to control the negative effects of factions

• There are two methods of curing the mischief of a faction one by removing its causes the other by controlling its effects

• There are two methods of removing the causes of factions one is by destroying the liberty, which is essential to its existence, and the other is by giving to every citizen, the same opinions, the same passions, and the same interests

• Madison goes on to say the latent causes factions are sewn into the nature of men therefore factions are a natural part in which man becomes part of a group with like-minded men

• It is natural for people to form facts so the only solution is to control the negative effect

• The causes of factions cannot be removed, thereby we have to control its effects

• Madison was concerned with majority factions oppressing minorities

• In smaller republics and democracy, it is easier for majority factions to dominate minorities

• Mob rule

• Larger public is the best way to control the negative effects of factions

• If you extend this fear and take in a greater variety of parties and interests, you make it less probable that a majority will try to oppress a minority

• More factions!!!!!

Federalist 51