AP US Government - Unit 1 Notes

1.1 - Ideals of Democracy

The US government build on ideas from The Enlightenment. The government serves the people, people do not serve the government. Americans wanted a limited government.

Enlightenment Ideals:

• Natural Rights - Humans are born with certain rights the government cannot take away

  • John Locke

  • Thomas Hobbs

• Popular Sovereignty - the power to govern is in the hands of the people

• The Social Contract - to protect their natural rights, people give over power to the government. If the government fails them, they have a right to overthrow it.

  • Jean-Jacques Rousseau

• Republicanism - People should elect leaders to represent them and make laws, and power should be separated into three branches (executive, legislative, judicial)

  • Baron De Montesquieu

  • The US is a representative republic

The Constitution and Declaration of Independence are filled with these ideals.

1.2 - Types of Democracy

Traditionalism / Participatory Democracy

• Citizens vote directly and participate in democracy

• Has majority rule and minority rights

• Representation

• Can lead to mob rule

Robert Dalh’s 5 criteria for democracy

• equality in voting

• effective participation

• enlightened understanding

• citizen control of the policy agenda

• Incorporated into our current government in several ways, including referendum. A referendum is a vote in which the public can either accept or reject a particular proposal or law suggested by the government.

Pluralism

• Government is controlled by many groups of people with different beliefs

• Groups are organized by beliefs

• Many interests groups exists in America today

Hyperpluralism

• Extreme form of pluralism where various competing groups become so strong that the government is unable to make policies

• Nothing gets done, slow, inefficient

Elitism

• Government is controlled by the few, well-educated elite (top 1%)

• Specialists can govern the best

• Often neglects the other 99%

• Seen currently with the electoral college and presidential supreme court judge appointments

1.3 - Government Power and Individual Rights

Federalists and Antifederalists fought over the concerns of a strong federal government and tyranny of the majority, ignoring minority rights. This argument is portrayed by the ratification of the constitution (see 1.5), but it continued before and after this.

Federalists

• Supported ratifying the constitution

• Anti-faction, limited government, checks/balances

• Bigger, stronger central government

• Proposed single executive

• Federalist Papers - Federalist 10 & 51

• Similar to Democrats

Antifederalists

• Opposed ratifying the the constitution

• States rights

• Believed the Bill of Rights was needed

• Brutus Papers - Brutus 1

• Similar to republicans

James Madison

• Father of the Constitution

• Federalist

• Concerned w/ tyranny of the majority in power and factions

  • Tyranny of the Majority: When the will of the Majority group exclusively prevails in a system of government, it results in tyranny over minority groups (Federalist 10)

  • Factions: Along with other founding fathers, Madison argued factions like political parties. However, this was an implied right under the 1st amendment - “right to associate”

• Created The Madisonian System of Checks and balances (see 1.6)

1.4 - Challenges of The Articles of Confederation

The Articles of Confederation were the very first governing document for America. It focuses highly on state rights— the power was concentrated in state legislatures. They only lasted 7 years.

Problems

• Each state had their own currency, which was worthless in other states

• States imposed tariffs on each other

• No executive/president

• No army/navy/defense

• The federal government had one branch

• To change/amendment the articles required all 13 states to agree, which was basically impossible

• Federal government couldn’t tax, so they were broke

Shay’s Rebellion

• Rebellion of indebted farmers

• There was no federally controlled army, so it took time for a militia to gather to take it down

• Showed the need for a strong national government.

1.5 - Ratification of the Constitution

The (Aborted) Annapolis Convention

• Representatives met to revise the articles of confederation

• No one cared, not enough state representatives showed up

• Factions developed

• Many differing plans for congress

• Interrupted by Shays’ Rebellion

Constitutional Convention

• Attended by 55 delegates from 12 states - All but Rhode Island (smallest state) came

• Rhode Island didn't attend as a protest as they felt they wouldn't get any power.

• Goal of convention: write a NEW constitution

• Majority vs. minority issues

• Inspired by Enlightenment ideals and philosophers

  • Thomas Hobbs (Self Interest is the most important) - said we need big government

  • John Locke (limited government)

  • Baron de Montesquieu (separation of powers)

Debates About Representation - The Great Compromise

• There were debates on how representation should work, based on size or equal representation for all states?

• The Great Compromise combined the Virginia and New Jersey plans at the constitutional convention

  • The Virginia plan argues states should have representation based on population, favored larger states

  • The New Jersey plan wanted equal representation for each state, favored small states

• Clauses

  • 3/5ths compromise for slave population counting (slaves were counted as 3/5ths of a person for representation and taxes)

  • Equal representation in senate

  • House of Reps based on population size

  • House of Representatives is more powerful + closer to the people

Debates about Presidential Elections

Systems of Government elections

• Unitary - citizens vote for federal officials

• Confederate - citizens vote for state officials

• Federal (America) - Citizens vote for federal and state officials.

The US settled on a federal system with the electoral college used to elect the president

Debates about Slavery

• 3/5ths compromise (see above)

• The North wanted to ban the slave trade, the South didn’t

• A deal was struck where the slave trade wouldn’t be touched for 20 years, then, it would be abolished.

  • Slaves were NOT freed, they just couldn’t be traded. Children of slaves remained slaves

Article V (5) - Amending the Constitution

• As a result of these debates, the founding fathers decided there was a need for the constitution to be amended

• This process was laid out in Article V of the constitution (Large Elephants Jump Far And Sleep Regularly, A = Amendments)*

• Amendment process

  • The amendment process is incredibly slow

  • This helps establish stability through respect for the law

  • Very few amendments proposed have been passed (0.002%)

  • Amendments allow the constitution to adapt and survive, similarly to the necessary and proper clause

*Remembering the Articles of the Constitution

Large - Legislative, Article I

Elephants - Executive, Article II

Jump - Judicial, Article III

Far - Federalism, Article IV

And - Amendments, Article V

Sleep - States, Article VI,

Regularly - Ratification, Article VII

Congress, in article 1, has the most power.

1.6 - Principals of American Government

6 Basic Principles of Constitution

• Popular sovereignty

• Limited government

• Separation of powers

• Federalism (1.7)

• Checks and balances

• Judicial review

Separation of powers - Power is separated into 3 branches to prevent tyranny, even thought it leads to slower action

• Executive

  • President

  • Enforces law

• Legislative

  • Congress is separated into House of Representatives and the senate

  • Makes laws

• Judicial

  • Supreme Court

  • Interpret the constitutionality of laws

All branches have the power to branch each other

• Legislative branch can check the Executive branch through impeachment and the fact that president appointments must be voted on by the senate

• Executive branch can check the legislative branch through vetos (but congress can override president’s veto with 2/3 majority)

• Judicial Branch checks Legislative branch through Judicial Review of laws

Checks & Balances and separation of power is reflected in the Madisonian system of checks and balances

The Madisonian System of Checks and balances

• Split government into Executive, Legislative, and Judicial branches

• Limited majority control

• Ensured checks and balances

• US govt officially known as a Constitutional Federal Republic

• Thwarting the majority (According to the Madisonian system)

• Keep power as far away from the people as possible (lol)

• 1790 - we could only directly vote for the House of Representatives

• 17th Amendment in 1913 - can now directly vote for the senators

• Checks and balances makes the government process and creating change slow

Steps of the Policy Making System

Public Agenda

• Issues that are important to the public and draw attention.

• Public opinion influences which issues become a part of the policy agenda.

Linkage Institutions

• Organizations that connect citizens to the government, helping express public preferences.

• Examples include political parties, interest groups, and the media, which help to inform and mobilize the public.

Policy Makers

• Officials in government (e.g., legislatures, executives, courts) who make decisions regarding potential policies based on the public agenda.

• They respond to the demands of the public and linkage institutions.

Policy-making Institutions

• Policy-making institutions develop specific proposals and ideas for new policies or changes to existing policies.

• Involves drafting legislation, executive orders, or regulations.

Policy Adoption

• The decision to implement a specific policy, often through legislation or executive action.

• Requires a majority vote or consent of relevant authorities, such as Congress or a governor.

Policy Implementation

• Putting the adopted policy into action. This may involve creating regulations or allocating funds.

• Enforcement may be handled by various government agencies.

Public - Policy Evaluation & Change

• Assessing the effectiveness of the policy after it has been implemented.

• Can involve collecting data and feedback from the public to determine if the policy meets its intended goals.

• Based on evaluations, policies may be modified, expanded, or discontinued.

• This reflects the cyclical nature of policy-making where feedback prompts further reforms based on the results of the original policy's impact.

1.7, 1.8, 1.9 - Federalism

Federalism - A way of organizing a nation so two or more levels of government share formal authority over land and people.

Systems of government

1. Unitary - citizens vote for federal officials

2. Confederate - citizens vote for state officials

3. Federal (America) - Citizens vote for federal and state officials.

Benefits of Federalism

• Decentralizes politics and policies

• More opportunities to participate in the government

• States can be innovators - each state deals with its own problems in its own ways

• Helpful for large geographical areas

• Leads to diverse public policies

Constitutional Basis of Federalism

The constitution provides powers to the federal and state government.

• Enumerated/Exclusive powers - powers of the federal government that are written in the constitution

• Implied Powers - powers of the federal government that are implied in the constitution, but not directly stated

  • Often done through the necessary and proper clause

  • Ex: Regulating immigration, acquire territory, establish a bank, recognize other states/country, print more money, obamacare

• Reserved Powers - any powers not given to the federal government are reserved for state governments

  • These rights are guaranteed to states by the 10th Amendment

• Denied Powers - powers no one can have

  • Ex: no one can have a nobility title, no violating the bill of right

• Concurrent Powers

  • Powers shared by both state and federal governments

Landmark Causes

• Marbury Vs Madison

  • First Landmark Case

  • Showed that courts settle disputes

• McCulloch vs Madison

  • Federal trumps state

  • A state cannot tax a federal bank

• The United States vs Lopez

  • The Gun Free Schools Act prohibited guns on school zones

  • This act was passed by Congress, despite them not having the enumerated power to do so. Congress argued that through the commerce clause they could do this, because guns on schools → worse educations → worse economy

  • Courts ruled in the favor of states and declared the law unconstitutional

The Supremacy Clause / Order of laws

• Within article 6 of the constitution

• The constitution is the sovereign law of the land

• Hierarchy of power - federal/central/national → state (Texas) → city (Austin)

• US Constitution → US laws/treaties → US supreme court decisions → US administrative regulations (executive orders) → State constitution → State laws → State administrative legislature

Important Laws

• Bill Of Rights

  • Personal freedoms in the Constitution

  • Habeas Corpus cannot be suspended (ensuring no one is held without charge, requiring evidence)…porpoise

  • Bills of attainder prohibited (must have a trial)

  • Ex Post Facto - can’t prosecute people for laws that were created after the fact

  • No religious qualifications for office, more political freedom / separate church and state

  • Strict laws against treason

  • Right to trial by jury of peers (criminal)

• 14th Amendment

  • Protected former slaves from state-based mandates by applying the bill of rights to them, protecting them federally

• 10th Amenment

  • Granted all powers not given to the federal government to the state government

• Commerce Clause

  • Allows congress to regulate commerce between states (although commerce within a state is controlled by the state)

• Necessary and Proper Clause

  • Allows the federal government to step outside its powers if it is deemed “necessary and people”

  • Allowed the US to establish a national bank

  • Known as the elastic clause

• Full faith and credit clause

  • States must respect the decisions of other states’ courts

  • If someone if married if Texas, they are married in New York (except for same-sex marriages, that gets complicated)

  • Drivers licenses are valid in states other than the one that issued it

Types of Federalism

• Dual Federalism (layer cake)

  • Powers have a clear delineation of authority and programs among state, federal, local, etc

  • Conservative system

• Cooperative Federalism (marble cake)

  • Powers are shared/mixed between both the federal and national governments

  • Ex: Environmental laws can be imposed by the federal government, and states cant overrule them, but they can also impose their own laws

  • Liberal system

• Devolution (lava cake)

  • Decentralized process that transfers powers from the federal government back to the states

  • Conservative system

  • Ex: Marijuana was illegal according to the federal government, but Colorado legalized this. Federal trumps State law, but enforcement of laws is in the hands of the executive branch (president). Obama agreed with Colorado and didn’t enforce anything, essentially returning this power back to the states

Fiscal federalism - Patterns of taxing, spending, and providing grants in a federalist system

Grants

There are two types of grants

Anyone can apply for a grant - currently 90,000 people/organizations are applying for grants (on quiz)

Categorical Grants - A specific grant used for a specific purpose (ex: build a bridge, provide housing, fight crime, etc)

• Project grants

  • Grants are awarded based on merit of application

• Formula Grants

  • Grants awarded based on a formula specified in legislation (ex: medicare, free lunches, grants provided to people under xyz income)

Block Grants - Grants allocated to a wide range of services (ex: welfare, public health, education)

• Preferred by states

• Conservatives prefer this kind of grant