AP Government Unit 1: Foundations of American Democracy
Virginia Plan
"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress.
Legislative checks Executive
veto override, impeachment of civil officers, Senate approval of appointments and treaties
Republicanism
A philosophy of limited government with elected representatives serving at the will of the people.
Limited government
A principle of constitutional government; a government whose powers are defined and limited by a constitution. Also based on the principle of "rule of law"—laws apply to everyone, even those who govern.
Great Compromise
A resolution offered by Connecticut delegates providing proportional representation in the House of Representatives and 2 Senators per state. A compromise between the Virginia Plan and New Jersey Plan
Executive checks Legislative
Veto bills, may adjourn congress
Article I, Section 8
*The Congress shall have Power To...* Declare War Collect Taxes, Borrow Money, To regulate Commerce, To establish Naturalization laws, To coin Money, To provide for the Punishment of counterfeiting , To establish Post Offices , To create courts, To raise and support Armies, To provide and maintain a Navy; To call forth the Militia, *To make all Laws which shall be necessary and proper *
Weaknesses of the Articles of Confederation
--Congress unable to levy or collect taxes --No centralized military power to address Shays' Rebellion --Congress unable to regulate foreign and interstate commerce --No President --Only 1 House in Congress (unicameral) --No national court system --Government dominated by the states
New Jersey Plan
A constitutional proposal that would have given each state one vote in a new congress
Popular Sovereignty
A government based on the consent of the people rule. The government's source of authority is the people, and its power is not legitimate if it disregards the will of the people.
Key ideas in Federalist #51
A separation of federal power into three branches, with all accountable to the people will ensure democracy. A system of checks and balances will prevent authoritarian control by one faction. To prevent the legislature from assuming too much power, divide it into two houses and provide the President with veto power. Justice and civil society can be ensured by two methods: 1) protection of minority rights (which became the Bill of Rights) and 2) separation of powers and federalism.
Federalism
A system in which power is divided between the national and state governments. An arrangement by which two or more levels of government share formal authority over the same area and people.
Representative Democracy
A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.
Necessary and Proper Clause
AKA the Elastic Clause; Congress has powers that are "implied" Examples: Creating a national bank, setting a national speed limit, etc
Social Contract
Agreement by which people define their individual rights and elected representatives uphold them
US vs Lopez
Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. Question: 1. Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? Outcome: Yes, it is unconstitutional and does exceed Congress' power under the Commerce Clause. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
Declaration of Independence
Breakup letter/summarized the colonists' motivations for seeking independence/included a list of grievances against the King
Unfunded mandate examples
Clean Air Act, Motor Voter Act, American's with Disabilities, No Child Left Behind
The significance of McCulloch v. Maryland (1819)
Congress possesses powers not explicitly stated in Constitution; Congressional laws are supreme to decisions made by the states
The United States Constitution
Consists of 7 Articles: Article I: Legislative Branch (Let's) Article II: Executive Branch (eat) Article III: Judicial Branch (jolly) Article IV: Relations among states (ranchers) Article V: Amendment Process (and) Article VI: Supremacy Clause (some) Article VII: Ratification (reeses)
Condition of Aid/String Example of Categorical Grant
Drinking age must be 21 to receive federal highway money
Participatory Democracy
Emphasizes broad participation in politics and civil society; a democracy which is conducted by people's active or direct participation. Key features: Voting in elections Organizing petitions, assemblies, interest groups, & political parties Funding candidates for election Decision-making by majority vote Emphasis on individual liberties
Elite Democracy
Emphasizes limited participation in politics and civil society. Not many competing groups decides the critical issues for the nation, leaving minor matters for the middle level and almost nothing for the common person.
Federalists
Favored a strong central government and weak state governments Argued that the Bill of Rights was not necessary (Congress did not have the constitutional power to deny natural rights) Favored a separation of powers among three branches of government with checks and balances Believed that a large republic would ensure individual freedoms
Anti-Federalists
Favored a weak central government and strong state governments Believed the Bill of Rights was necessary to fulfill the promise of the Declaration of Independence (natural rights should be protected by government authorities) Favored the states checking the power of the central government Believed an American republic would grow so large it would transform into an authoritarian system
Categorical Grants
Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached.
Amendment Procedure
a 2/3rds vote in both houses or a proposal from 2/3rds of the state legislatures, with final ratification by 3/4ths of the states or 3/4ths of state conventions.
McCulloch v. Maryland
In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank. Questions: 1. Did Congress have the authority to establish the bank? 2. Did the Maryland law unconstitutionally interfere with congressional powers? Outcome: In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Pursuant to the Necessary and Proper Clause (Art. I, Section 8), Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined "necessary" to mean "appropriate and legitimate," covering all methods for furthering objectives covered by the enumerated powers. Marshall also held that while the states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states. Thus declaring that in accordance with the Supremacy Clause that federal law eclipses state law.
linkage institutions
Institutions that connect citizens to government. The mass media, interest groups, and political parties are the three main linkage institutions.
Informal amendment to the Constitution
Judicial interpretation Social + Cultural change Technological Change Habits, traditions, etc...
Federalist #10
Madison focused on the superiority of a large republic in controlling the "mischief of factions," delegating authority to elected representatives and dispersing power between the states and national government. Madison argued that factions (political groups/special interests) are natural but controllable by institutions of government. Separation of powers and checks and balances will limit the power of any one group or alliance of groups to dominate policy. Key ideas include: A strong faction cannot tyrannize the public through superior force. The cause of factions is unequal distribution of wealth and the main task of government is to balance their interests. To control factions, Madison proposed a republic, which can govern a greater expanse of territory than a pure democracy. A large republic will dilute the power of factions. Leaders will be more isolated in the states, making a faction difficult to spread from state to nation.
Executive checks Judicial
Nominate federal judges
unfunded mandates
Programs that the Federal government requires States to implement without Federal funding.
Pluralist Democracy
Recognizes group-based activism by nongovernmental interests striving to impact political decision making. Political power is distributed among many like-minded people, unions, professional associations & business lobbyists. Key beliefs: Power is fragmented Groups provide a more effective means of representation The larger the group the more influence it will have Policies are established through bargaining and compromise and tend to be fair to all in the end.
Natural Rights
Rights inherent in human beings, not dependent on governments, which include life, liberty, and property
Congressional terms of office
Senate-6 years House-2 years
Why has the Constitution been so successful?
The Amendment process makes it flexible to change
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (where states get their powers)
Commerce Clause
The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries. Has been used to expand Congressional powers to allow Congress to do things like create child labor laws, 40 hour work weeks, etc
Brutus #1 by the Anti-Federalist
adhered to popular democracies theory that emphasized the benefits of a small decentralized republic while warning of the dangers to personal liberty from a large, centralized government. Key ideas include: Citizens must be cautious about empowering a strong central government because they are unlikely to ever get control back. The new constitution gives so much power to a central government that the state governments may no longer be able to function. The "necessary and proper" clause and the supremacy clause make the central government an uncontrollable power. There is no limit to Congress' power to tax because it decides what is meant by "common defense" and "general welfare." Taxation allows the central government to extend control over every facet of the nation. The federal courts, will destroy the state courts. In such a large republic, it will be too hard for the representatives to understand the will of the people. A large republic will create a class of elected officials who will abuse their power and enrich themselves and their friends.
Electoral College Compromise
citizens would vote for electors who then select the president
Importation of Slaves
compromise reached by stating that Congress could not prohibit the slave trade for 20 years
Legislative checks Judicial
creates lower federal courts, can impeach and remove judges, can propose amendments to overrule judicial decisions, approves appointments of federal judges
Judicial Checks
executive: can declare executive actions unconstitutional. legislative: can declare acts of congress unconstitutional
Federalist #51
explains how constitutional provisions of separation of powers and checks and balances control abuses by majorities. Background: James Madison understood that once a single branch of government—legislative, executive or judicial—had accumulated all political power in its hands, nothing could prevent government tyrannically. The checks and balances between the branches are essential to prevent authoritarian government. Madison shared his philosophy and observations on why human nature makes politics (sharing political power) so challenging.
Block Grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent usually come with a generic title like, "Community Development"
Popular sovereignty addressed in the Constitution
o "The people" were involved either directly or through their representatives in the making and the ratification of the Constitution. o "We the people of the United States...do ordain and establish this Constitution for the United States of America." o The people are involved directly or indirectly in proposing and ratifying amendments to their constitution.
Six Major Principles of Government
popular sovereignty, federalism, separation of powers, checks and balances, judicial review, limited government
Federal Revenue Sharing
simply the federal government's management of taxes collected that are allocated to the states. With control of this system, the federal government can give money to, and take money away, from states seemingly at will, making it easier to set guidelines for, and guidance over, the states on a variety of issues
3/5th Compromise
slaves count three fifths of a person for population representation and taxation
Checks and Balances System
this was used in the constitution to prevent one branch of government from exceeding authority.