Ideals of Democracy (inspired by Enlightenment)

• Natural rights (John Locke)- all people are born with certain rights that cannot be taken away (life, liberty, pursuit of happiness)

  • Refernced in the Declaration of Independence

• Social contract (Hobbes and Rousseu)- An implicit agreement among the people in a society to give up some freedoms to maintain social order AND government meant to serve the best interests of the people and people can change government if it fails to do so

• Popular sovereignty- all government power comes from the consent of its people

• *Limited government- a government’s power cannot be absolute

• Representative Government

The ideal of limited government is ensured by the interaction of these principles:

• Separation of powers (Montesquieu)- prevents despotism (authoritarian rule)

• Checks and balances

• Federalism

• Republicanism- Actual representation (when a representative accurately voices your beliefs and opinions) vs Virtual representation

Types of Democracy

• Participatory democracy- Power from participation by individual citizens AKA broad participation in politics and civil society (closest to a true democracy)

  • Students for a Democratic Society’s “Port Huron Statement”- people should have ability to have a voice in politices that impact them

  • Town Hall Meetings- people directly participate in town hall meetings to get laws passed

  • Ballot Initiative Process- In certain states citizens can create laws then sign a petition present to the state legislature to put the bill on the ballot

• Pluralist democracy- Group-based activism by nongovernmental interests/citizens with common interests striving for impact on political decision making

  • Interest Groups affect politicians and legislators

    • AFL

    • Moral Majority—Evangelical group

    • National Rifle Association/NRA—Gun advocates

  • Press relations (PR) firms can shape public opinion and policy

• Elite democracy- People choose representatives but representatives/wealthy maintain power (choosing highly educated upper-class) often involves limited participation in politics and civil society

  • Usually the upper class

  • Electoral College

  • Republicanism

**Federalist 10 and advocated for pluralist and elite models of democracy while Brutus 1 advocated for a broader participatory democracy.

Delcaration of Independence

1. Part I

   • Consent of the governed

   • Popular Sovereignty

2. Part II: List of Grievances

   • No taxation without representation

   • Kept standing armies in the colonies in times of peace

Challenges of the Articles of Confederation

• Drafted in 1777 Ratified 1781

• Congressional Powers:

  • Declare War

  • Territorial Acquisition

  • Foreign relations

  • Extradition applied (slaves)

• Non-Congressional Powers/Weaknesses of the AoC

  1. Lack of power to regulate interstate commerce

  2. Lack of ability to raise and maintain an army → Lack of centralized military power to address Shays’ Rebellion

  3. Lack of ability to levy taxes (could only request states to contribute)

  4. Difficult to pass laws: Legislation needed 9/13 colonies approval to pass laws + unanimous agreement to make amendments

  5. Lacked an executive branch (President) to enforce laws + national court system (Judicial)

  6. Lack of the exclusive power to coin money/create national currency

• Overall weak federal government

Constitutional Convention

Virginia Plan (big states)

• Bicameral Legislation (lower—population; upper—elected by lower house)

• Representatives based on state population (better for big states)

• Supremacy Clause- federal government supremacy over state governments

New Jersey Plan (small states)

• Unicameral legislation

• Equal representation for each state each 2 representatives (smaller states)

• More Federal government

Great (Connecticut) Compromise

• Bicameral legislature

• Lower house (House of Representatives) based on population

• Upper house (Senate) equal representation

Three-Fifths Compromise- Slaves count as 3/5ths of a person

*Federalism—sovereignty of states; Nationalism—entire country

Compromises deemed necessary for ratification of the Constitution included the following:

i. Great (Connecticut) Compromise: which created a dual (bicameral) system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally

ii. Electoral College: which created a system for electing the president by electors from each state rather than by popular vote or by congressional vote

iii. Three-Fifths Compromise: which provided a formula for calculating a state’s enslaved population for purposes of representation in the House and for taxation

iv. Postponing until 1808 a decision whether to ban the importation of enslaved persons

v. Agreement to add a Bill of Rights to address concerns of the Anti-Federalists

Federalist vs Anti-Federalist Documents

Federalist 10

• Dangers of factions: cannot address the causes of factions thus can only limit/control their effects

• Republican government: Large republic with diverse interests and representatives can better prevent majority factions from dominating minority factions—multiple factions can compete, challenge, & limit each other

• Advocates for pluralist/elitist forms of democracy over participatory/more direct forms of democracy

• Sovereign states (states power) contribute to a divided nation more than political parties = stronger federal government(?)

Brutus 1 (Anti-federalist)

• Opposed/critiqued the Constitution

• Opposed centralized power: Strong central government could threaten state sovereignty (Supremacy Clause + Necessary and Proper Clause) and infringe on individual liberties

• Opposed large republic/republicanism: In a large republic representatives people not able to know their representatives + representatives cannot accurately represent the interests of the people OR there would be too many representatives that government is ineffective

• We cannot be at the same page because of the differences and diversity of our growing nation

• Possible tyranny due to large amounts of power in the hands of a few

• Calls for a Bill of Rights to protect individual liberties

• Danger of federal government ability to raise standing armies during times of peace

Federalist 51-

•Separation of Powers: The structure of the government should ensure that each branch (legislative, executive, judicial) is independent and has specific duties to prevent any one branch from gaining too much power.

•Checks and Balances: Each branch of government should have the ability to check the powers of the other branches, ensuring that no branch dominates the government.

•Ambition Counteracting Ambition: The government is designed so that the personal ambitions of those in power are used to keep each branch within its proper limits, as each will seek to defend its own powers.

•Federalism: A double security arises from the division of power between the federal government and state governments, further preventing any single entity from consolidating too much power.

Constitutional Principles

• *Separation of Powers- Government separated into 3 branches each with individual responsibilities

  • Legislative (Congress)—creates/passes laws

    • Declares war

    • *Advice and Consent: Approves of Presidential nominations + ratifies treaties

  • Executive (President)—enforces laws

    • *Appoints judges, cabinet members, ambassadors + other officials

    • Commands armed forces

    • Conducts foreign policy (negotiates treaties)

    • Proposes laws

  • Judicial (Supreme Court)—interprets laws

    • Interprets whether laws are Constitutional

    • Reviews lower-court decisions

• Checks and Balances

  • Legislative: Senate Approves Presidential nomiations; Impeachment of President/justices; Override vetos; Senate Approves treaties

  • Executive: Veto power, appoints Supreme Court Justices

  • Judicial: Judicial Review—declare laws unconstitutional/overturn laws

• Federalism- divide and share power between federal government and states (more in detail below)

• Republicanism

• Popular Sovereignty

• Limited Government

  • Constitution limits power

  • Law making process- SLOW

  • Bill of Rights

*Federalist No. 51 explains how constitutional provisions of separation of powers and checks and balances control potential abuses by majorities.

Constitution

Preamble

Policy- laws the government creates can be carried out/enforced differently based on presidency

1. Article I: Legislative Branch*

• Term length for House (2) and Senate (6) unlimited terms

• Section 8- What Congress can do

  • Enumerated Powers: Powers explicited granted to the federal government

  • *Commerce Clause: regulate interstate (and international) commerce

  • Necessary and Proper/Elastic Clause: Flexibility with legislation— Congress has implicit powers not outlined in Constitution

• Section 9- What Congress cannot do

  • Habeas Corpus: Protect against unlawful incarcination; No one is held without a charge—must be a reason for arrested

  • Pass “Bills of attainder”: Imposing punishment without a crime—a trial must be given

  • Ex post facto laws (retroative): Make legislation illegal after one has committed it

• Section 10- Powers prohibited of states

  • Signing treaties with foreign countries

  • Declaring war

  • Establish own currency/print money

  • Secession

2. Article II: Executive Branch

• Term length: 4 yrs

• Roles of President

  • Commander in Chief: oversees military

  • Appointments: federal judges, cabinet members, secretary of transporation, etc.

  • Chief of Stat: leader of government

  • Chief Diplomat: meets with foreign leaders

  • Chief Legislator: Creates/proposes legislation

• Section 3: State of the Union Address—President address US for their goals

• Section 4: Impeachment

3. Article 3: Judicial Branch

• Term length: lifetime

• Powers/Responsbilities: Decide on cases & determine if laws are Constitutional

4. Article 4: Relations among states*

• Full Faith and Credit Clause- States must recognize laws of other states; Transparency of state laws

  • Ex. Two gay men marry in a state that allows gay marriage return to state that doesn’t recognize gay marriage

• Extradition Clause- Return fugitives back to original states where crime was committed—must be held on trial back in where one originated

• Section 2: “The Citizens of each State shall be entitled to all Priviledges and immunities of Citizens in the Several States”—in another state even if one isn’t a citizen of that state must be treated as a citizen of that state

Article 5: Amendment Process

• Proposing an amendment:

  Method 1:

  • Amendment introduced to and approved by 2/3 of Congress

  • State legislatures hold national convention ¾ must ratify the amendment

  Method 2:

  • 2/3 of state legislatures petition Congress for a constitutional convention

  • ¾ of special state-ratifying conventions approve of the amendment

Article 6: Supremacy*

• Supremacy Clause- federal laws trump state laws

• Other items (Prohibit religious tests)

Article 7: Ratification of the Constitution

• Into effect upon 9th state approval

Bill of rights

1. Freedom of expression

2. Right to bear arms

3. Quartering of Soldiers

4. Search and Seizure

5. Due process- no double jeapardy, no self-incrimination

6. Right to speedy trial

7. Right to trial by jury

8. No cruel or unusual punishment

9. You have rights outside of those outlined in the Constitution

10. Reserve power not listed in Constitution for states*

Federalism

Federalism: System where national and local (state) governments share powers

Unitary Government (Like the UK)

• Pro: Legislation passes quickly

• Con: Doesn’t know constituents needs

Federalism Found in the Consitution:

• Article 1, Section 10: Powers denied to the States—secession, declare war, federal border

• Article 4: States’ rights

• Article 6: Supremacy clause

• 9th Amendment: Rights not listed are reserved for the people

• 10th Amendment: Reserved powers—federal govt. can’t take away powers reserved for the states

Powers within the Concept of Federalism

• Delegated/Enumerated Powers: Powers ONLY belonging to the federal government

  Examples:

  • Printing money

  • Regulating interstate/international trade (commerce clause)

  • Foreign policy & treaties

  • Declaring war

• Reserved Powers: Powers not specficially listed in the constitution—powers “reserved” for the states

  Examples:

  • State income tax

  • Probiding public health, safety, welfare programs

  • Estalishing local governments

  • Issuing licenses

  • Regulate intrastate (within state) commerce

• Concurrent Powers: Shared by states and federal government

  Examples:

  • Levying taxes

  • Building infrastructure

  • Establishing courts

  • Chartering banks/corporations

  • Borrowing money/paying debt

• Police powers: States regulate behavior like safety, morals i.e. speed limit, pollution laws

Relevant conflict between federal government and states

Ex. Same-sex marriage

• Allow/rewrite state constitution

• Article 5

• 10th Amendment- reserved powers for the states nothing in COnstitution defines what marriage is up to states to decide what marriage is

• Obergefell v. Hodges legalized same-sex marriage—14th Amendment: Equal Protection Clause (14th Amendment) no discrimination against you as a US citizen

Types of Federalism

“Layer cake/dual” federalism (old):

• National government and state government are supreme within their own sphere—dont mix

• Both formally recognize one another

  • Ex. Police powers

Cooperative/Marble cake federalism (New):

• Cooperative of federal state and local governments

• Ex: funding

Grants-in-aid:

• Money given to state/local government often to provide aid/funding for: Education, environment, infrastructure, welfare programs for the poor/disabled etc.

• Eras in US govt. of federal government going to states: Great Depression/New Deal programs

Categorical vs. Block grants

Categorical grants*:

• Specific provisions—states have to follow specific provisions to recieve federal grants and for how grant money can be spent

  • Ex. Civil Rights Act 1984: public school funding withheld until they start desegregating schools

  • Medicaid

  • Education (could also be a block grant)

    1. Formula grant

       • Money given to states using math

       • Ex. Medicaid

    2. Project grant

       • States submit project proposals for funding

       • Ex. Building a bridge

Block Grants:

• No strings attached states flexible to use the money however they see fit

• Example: Community development up to states to define (housing, urban development, parks)

Mandates:

• States are required to comply with federal orders

• Funded mandates: Govt gives money to people to help enforce mandates

• Unfunded mandates: Govt does not give out money to carry out mandates

• Examples

  1. Clean Air Act

     • Timetable for dealing with smog, acid rain, pollution

  2. Americans with Disabilities Act (1970s)

     • Public buildings/transporation must be accessible (elevator, wheelchair ramps, handicap parking)

     • Funded mandate when first passed to help with construction costs later buildings constructed after 1970s unfunded mandate

  3. Federal courts also mandated public schools--enrollment ratios by race

  4. No Child Left Behind (2002)- federal standardized tests

  5. Every Student Succeeds Act (2015)- yearly reports must be approved by Department of Education

Devolution:

• Take some of the powers and responsibilities of the federal government back to the states—decentralize

• Newt Gingrich Contract with America (1994)

Court Cases

McCulloch v. Maryland (1819)-

• Overview:Maryland tries to tax the federal bank

• Justifications:

  • Necessary and Proper Clause—federal government has a right to create national banks

  • Supremacy Clause—states cannot tax a federal institution

Gibbons v. Ogden 1824-

• Overview: New York granted Ogden exclusive steamboat license but Gibbons has recieved a federal license

• justification: Commerce Clause—regulating interstate commerce granted to federal government states cannot interfere wirh commerce that crossed state lirns if it conflicted with federal law

United States v. Lopez 1995-

• Overview: Man carried handgun on school property violated the Gun-Free School Zones Act of 1990

• Justifications:

  • Limited commerce clause—did not extend to the regulation fo the carrying of handguns

John Dickinson 1776 FRQ Practice

Dickinson would like to maintain a British monarchy political, which is a form of government where the King acts as the absolute ruler of the government and there is a council known as the Parliament that governs alongside the king

The British monarchy led the colonists to rebel and declare independence since the colonists could not directly elect representatives to represent them in Parliament when deciding on laws such as taxing the colonists which led colonists to urge for the creation of a republic form of government that adheres to the wants and needs of the people

This passage relates to represetative democracy as the colonists did not recieve true representation from the Parliament under the British Monarchy thus this passage reflects a plea for true representation thus the colonists later established a representative Democracy so they can recieve representation in the law making process.

Hints at the idea that we cannot be at the same page because of the differences and diversity of our growing nation- Brutus 1

In the Supreme Court case McCulloch v. Maryland which clause was used to determine the ability for Congress to create a national Bank? Necessary and proper clause

As a compromise, the framers agreed on a bicameral legislature, with the House of Representatives elected by popular vote within states and the Senate selected state legislatures. The direct election method conforms most to which of the following democratic ideals? Government should be based on the consent of the governed

Which of the following is an accurate summary of James Madisons argument in Federalist 10- A large republic presents more opportunities for groups to participate, compete, and limit each other

Most likely to argue sovereign states contribute to a divided nation more than political parties? Federalist 10

The Declaration of Indenepdence cites the specific reasons for sepaating from British rule including imposing taxes and maintaining a standing army without consent? Which of the following pricniples or ideas would these grievances be most related to? Concurrent powers allowing the colonies to draft their own laws

AP Govt Test Review 35 Qs, stimulus

• Foundational Documents

• Constitution clauses

• Court cases

• Individual liberties

• Powers within federalism (specific)

• Constitutional Principles

• Federalism (grants, mandates)

• Comparing foundational documents Fed 10 vs Brutus 1