AP GOPO Notes - Unit 1 (Foundations of American Democracy)
Unit 1 / Foundations of American Democracy (15-22%)
Ideals of Democracy
The U.S. government is based on ideas of limited government, including:
Natural rights: Rights that we are born with that cannot be infringed upon; life, liberty, property (pursuit of happiness).
Popular sovereignty: Consent of the governed, related to people.
Republicanism: Representative democracy.
Social contract: Consent to be governed in return for protection of natural rights.
Limited government: Restrictions on government power, usually found in a constitution.
These ideals are found in the Declaration of Independence and the U.S. Constitution.
Types of Democracy
Representative democracies take several forms:
Participatory Democracy: Emphasizes broad participation in politics and civil society.
Pluralist Democracy: Recognizes group-based activism by nongovernmental interests striving for impact on political decision making.
Elite Democracy: Emphasizes limited participation in politics and civil society.
Foundational documents arguing for the merits of these types:
Federalist No. 10: Pluralist democracy to limit factions.
Brutus I: Fear that powerful central government will result in more elite democracy and limitations to participatory democracy.
U.S. Constitution: Contains elements of elite democracy (Electoral College, indirectly elected U.S. Senate), but also participatory democracy.
The three models of representative democracy continue to be reflected in contemporary institutions and political behavior (electoral college, representation, voting, social movements).
Government Power and Individual Rights
Federalists and Antifederalists debated about the merits of the new U.S. Constitution and the power of the national government.
Federalists:
In favor of the Constitution and a more powerful centralized government.
Madison’s arguments in Federalist No. 10 focused on the superiority of a large republic in controlling the “mischiefs of faction,” delegating authority to elected representatives and dispersing power between the states and national government.
Antifederalists:
Not in favor of the Constitution as it was, some wanted a Bill of Rights, others voiced concern about the central government having too much power.
Antifederalist writings, including Brutus I, adhered to popular democratic theory that emphasized the benefits of a small, decentralized republic while warning of the dangers to personal liberty from a large, centralized government.
Challenges of the Articles of Confederation
Articles of Confederation: First governing document of independent U.S. Government.
Weak central government, no independent executive or judicial branch, hard to amend constitution (all 13 states unanimous) or make national laws (9 of 13 states), unicameral.
Major drawbacks include:
Lack of tax law enforcement power by the national government.
Inability to regulate commerce.
Lack of national military powers heightened by events like Shays’ Rebellion.
Ratification of the U.S. Constitution
Debate at the Constitutional Convention led to compromises on the document, presenting issues even to this day.
Connecticut / Great Compromise: Combination of Virginia and New Jersey Plans of government creating bicameral legislature, one chamber based on population (New Jersey Plan) and another on equal representation (Virginia Plan).
Electoral College: Debate over election of president, resulted in creation of the Electoral College, elites that would have say over presidential election (in theory).
3/5ths Compromise: Representation of enslaved population resulted in counting enslaved people as 3/5ths of population, leading to slave states with disproportionate representation.
Compromise on the Importation of Slaves: Foreign slave trade could not be banned until 1808 (Congress banned the importation of slaves in this year).
Debates about self-government during the drafting of the Constitution necessitated the drafting of an amendment process in Article V.
Entailed either a two-thirds vote in both houses or a proposal from two-thirds of the state legislatures, with final ratification determined by three-fourths of the states.
Other examples include voting rights which were left to the states to decide.
The debate over the role of the central government, the powers of state governments, and the rights of individuals remains at the heart of present-day constitutional issues about democracy and governmental power, examples include:
Debates about government surveillance resulting from the federal government’s response to the 9/11 attacks.
The debate about the role of the federal government in public school education.
Principles of American Government
The powers allocated to Congress, the president, and the courts demonstrate the separation of powers and checks and balances features of the Constitution.
Federalist No. 51: Explains how constitutional provisions of separation of powers and checks and balances control abuses by majorities.
Separation of powers allows for multiple access points for citizens (i.e., groups can influence/lobby/etc. different branches for policy changes).
Impeachment and removal, and other legal actions taken against public officials deemed to have abused their power reflect the purpose of checks and balances.
Relationship Between the States and Federal Government
The Constitution sets up a federal system of government. Federalism is the sharing of power between the national and state governments. Debate about the extent of national power continues today.
Powers of the government:
Exclusive Powers: Powers only for the federal government; declaring war.
Enumerated Powers: Powers found in the Constitution for the federal government.
Concurrent Powers: Powers shared or allowed for both the federal and state governments.
Reserved Powers: Powers granted to the states or the people via the 10th Amendment. Not guaranteed to the federal government.
Implied Powers: Congressional powers beyond enumerated powers through the necessary and proper clause. Stretches the power of the federal government.
Shifts in federalism due to societal changes have led to changes in policies:
Dual Federalism to Cooperative federalism: Separate spheres of power to more sharing of powers.
Fiscal Federalism: Use of federal money to influence policy.
Categorical Grants: Federal money for state governments for specific purposes, strings attached to the money (ex: highway money, but legal minimum drinking age set by states to 21).
Block Grants: Federal money for state governments for broad purposes, less/no strings attached (ex: welfare).
Unfunded Mandates: Required by the federal government to do, but not funded by them. Americans with Disabilities Act (ADA), No Child Left Behind, and Clean Water Act are all examples of this.
Revenue Sharing: Distribution of tax money to the state government. General revenue sharing discontinued in the 1980s due to high deficits.
Constitutional Interpretations of Federalism
The interpretation of the 10th and 14th Amendments, the commerce clause, the necessary and proper clause, and other enumerated and implied powers is at the heart of the debate over the balance of power between the national and state governments.
Tenth Amendment: Reserved powers to the states or the people. Limits federal powers.
Fourteenth Amendment: Due process and equal protection clauses protect civil liberties and civil rights from the states. Limits state powers.
Commerce Clause: The federal government can regulate interstate commerce. Used to expand federal power.
Necessary and Proper Clause: Congress’ implied powers, expands federal powers.
The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as:
McCulloch v. Maryland (1819): Declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over state laws.
United States v. Lopez (1995): Ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control.
Federalism in Action
Multiple access points for stakeholders and institutions to influence public policy flows from the allocation of powers between national and state governments. Just like separation of powers allows for this, so does our federal system. People can influence local, state, or the national government.
National policy making is constrained by the sharing of power between and among the three branches and state governments. The federal system can create contradictory or inefficient policies. Examples include: marijuana legalization, abortion laws, or education funding that differ from state to state or challenges to national laws by state governments.