AP U.S. Government & Politics: Unit 1 (All)

McCulloch v. Maryland

(1819) - Congress has the power to make all laws necessary and proper to fulfill its duties --> implied powers

Gibbons v. Ogden

(1824) - Congress is in chagre of international and interstate commerce --> steamboat case

Moses

- 1393-1273 BC - 10 Commandments (Moral Law) - Linked moral or God's law with man's law - Fundamental foundation of many current laws

Machiavelli

- 1469-1527 - Italian - Leaders should do whatever is necessary to get their desired outcome The goal of the government is to advance the state - The end justifies the means - The Prince (Book)

Thomas Hobbes

- 1588 - 1679 - English - Wrote on human nature - Man joins a social contract / gov. only to protect himself - Man is naturally self-interested - Chaos would lead to entering into a social contract - Gov.'s purpose: to control and protect people from themselves - Gov. formed would be authoritarian: ruling largely by fear Without Gov. - War of every man against every man - Living in constant fear - Life would be "solitary, brutish, nasty, brutish, and short" - Preffered a king

John Locke

- 1632-1704 - English - Wrote on human nature - Second Treatise on Government - State of Nature: man without influence of law and society - Main reason to create government is to protect liberty and property --> man will be willing to give up some personal liberty - Gov. must protect the people from the gov. too - Jefferson ripped off Locke's ideas

Jean-Jacques Rousseau

- 1712-1778 - Property leads to inequality and war: men are corrupted by civilization, not at birth Believed in direct democracy - All individuals must be involved - "We the people" - Individuals will submit to the general will, as will the gov. - Born good --> corrupted by enviro. --> corrupted by bad gov. --> corrupted by bad laws

Hammurabi Code

- 1792-1750 BC - First Written Law - "Eye For An Eye" - The strong shall not oppress the weak - Same rules for everyone - Mesopotamia/Babylon - Merchants, Farmers, and Slaves Hierarchy - Free Men - Free Women - Slaves

Alexis de Tocqueville

- 1805-1859 - French - Book: Democracy in America - Association: coming together for the good of the community - America is hardworking and economically motivated - Impressed with American equality

Aristotle

- 384-322 BC - Alexander the Great's Teacher - Forms of good and bad gov. - Important to study gov. and politics to ensure the best way to serve the community Education - At 17 entered Academy at Athens under Plato - Studied mathematics, astronomy, medicine, biology, ethics, and law - Stayed as a student for 20 yrs. (37 yrs. old)

Block Grants

- Almost automatically given - States have broad discretion in deciding how to use the money

European Enlightenment

- Breaking down of spiritual guidance - Every problem is logical - Liberty v. Order - No longer accepting authority blindly

Under the Articles of Confederation, what could Congress do?

- Declare war and establish an army & navy - Make and sign treaties - Borrow money - Create a post office

How will people be represented?

- Direct election of representatives - Indirect election of president - Indirect election of Senators (changed with the 17th amendment)

Under the Articles of Confederation, what could Congress not do?

- Draft Soldiers - Enforce Treaties - Collect taxes from the state

What were the overall successes of the Articles of Confederation?

- Drafting the Northwest Ordinance: establishing orderly and equitable procedures for the settlement and political incorporation of the Northwest Territory - Ending the Revolutionary War entirely

What is Federalism?

- Federalisms is a system in which powers are distributed between the national and state governments - Delegated Powers: those specifically belonging to the national government - Reserved Powers: those specifically reserved for the states - Concurrent: shared by both levels

Baron de Montesquieu

- French Noble - Separation of powers: w/o it there is no liberty - Ruler w/ absolute power will be corrupt; therefore, we need to have checks on power - Major influence on James Madison, author of the Constitution

What were additional weaknesses of the Articles of Confederation?

- No chief executive - No national court system - No power to regulate interstate commerce - No national currency - Difficult to pass laws (2/3 vote) - Difficult to amend the Articles (unanimous vote required)

Democracy

- Ruled by many - Dumb Masses - Each individual rules in his or her own interest - Many headed tyranny - State of the poor - Rule by the common people

How did the American government begin?

- Started with a confederation (Article of Confederation) - Wanted states loosely joined - Feared unitary system and oppression - Created a "league of friendship"

Why a revolution?

Overthrowing an established regime

Anti-federalists

People who did not support the ratification of the Constitution because they felt it severely limited individual freedoms and gave the power to the wealthy elite Ex. Samuel Adams + Patrick Henry

Bill of Rights: 5th Amendment

Procedural due process (grand jury, indictment, no self-incrimination)

Bill of Rights: 1st Amendment

Speech, religion, press, petition, assembly

Bill of Rights: 6th Amendment

Speedy trial by jury or, in criminal cases, the right to an attorney

Bill of Rights: 10th Amendment

States' Rights

Conservatives

people who are against large changes in government policies

What was a key difference between Locke and Hobbes?

A key difference between Locke and Hobbes is that Hobbes believed man is naturally self-interested and must join in a social contract with the government to protect against himself and society, while Locke believed people have natural rights and the government is created to protect people's liberty, people's natural rights.

Who did Montesquieu believe would best lead the executive branch? Why

A monarch because of a monarch's ability to make urgent decisions and the need of expeditions

What is the essential question?

What is the purpose of government?

What guarantees are there against oppression? Against overpowering interest groups?

Checks and Balances - Simple majority vote in both houses to pass laws - Presidential Veto - Legislative Override (2/3 Vote) - Impeachment Process - Terms for representative and Senators - SCOTUS Bill of Rights Later - Campaign Finance Laws - States allowing for recall elections - Term limits for the president

Dual Federalism

Clearly divided power between levels of government (Layered Cake)

Crosscutting Requirements

Condition on federal grants that they are extended to all activities supported by federal funds (ex. Title IX)

Immediately in the first five paragraphs of Spirit of the Laws Montesquieu lays out an idea that directly influenced the shaping of American government. What is it and why does he state it is so important?

In the first five paragraphs Montesquieu lays out the idea of the three separate branches of government that influenced the shaping of America' political institution: the legislative, executive, and judicial branches. He states that it is so important because, "when the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty."

Bill of Rights: 9th Amendment

Individual Rights

Cooperative Federalism

think: marble cake; a government where the powers of the state and federal governments are intertwined

What are the differences between a terrorist and a patriot?

- Terrorists: are trying to spread their views, killing for a message, mass killings - Patriots: have history on their side, trying to break free from an oppressive gov., killing for a fight, distinct opposition

Mandates/Orders

- The federal government dictates specific guidelines. If the states don't comply, they lose funding. (ex. Americans With Disabilities Act) - They are often unfunded as part of a new law, change in entitlement program, or reduction in funding for existing programs

Aristotle On Government

- Thinks politicians must craft a constitution: all customs, rules, and laws on how a city state should be governed - A constitution.." is the way of life of a citizen body"

Categorical Grants

- Used for specific purposes Project Grants: competitive applicants (Ex. NSF) Formula Grants: distributed according to a formula

What did terrorists and Patriots have in common?

- Violent - Oppress those who do not agree with them - Fight for their ideals - Ideological - Indoctrination

What specific things do the Virginia Declaration of Rights and Declaration of Independence have in common?

-State that all men are equal to one another - Discuss natural rights such as life, liberty, and property - Power is from the consent of the people - Trial by jury is expected - State that a government that does not fulfill its duty to the people can and should be dissolved.

What are the required components for revolution?

1. Leader: GW, Continental Congress, Thomas Jefferson, Hamilton 2. Followers: radical: Paine, Sons of Liberty, Daughters of Liberty, Samuel Adams; masses: patriots, boycotters, homespun good makers 3. Overall Reason: independence + taxes 4. Oppressor: Grea Britain - King George III 5. Spark: Boston Massacre, Intolerable Acts 6. Resources: Internal and External: French aid, home advantage, moral advantage, leadership, food 7. Response: at first ignored, then fought 8. Propaganda: Thomas Paine

What are the purposes of government?

1. Maintain Social Order: militias, protecting private property 2. Provide Public Goods: infrastructure (roads, hospitals), public schools 3. Promote Equality a.) Freedom to and freedom from - until it takes away from someone's rights b.) Freedom of opportunity c.) Freedom of Condition (medicine, head start) d.) Freedom of Outcome (Affirmative Action)

What ideas were fundamental to the Revolution?

1. Social Contract (Hobbes) 2. Popular Sovereignty (Rousseau) 3. Government must be just or be overthrown (Locke) 4. Natural Rights (Locke) 5. Checks on Power/Separation of Powers (Montesquieu)

What were the five main questions debated by the Federalists and Anti-federalists at the Constitutional Convention?

1. What will be the structure of the government? 2. How will the people be represented? 3. What guarantees are there against oppression? Against overpowering interest groups? 4. What individual rights are guaranteed? 5. What powers will the government have?

How many convention delegates attendees signed the final document?

39

A bill must pass ____ before being sent to the President of the U.S.

A bill must pass both houses...

According to the excerpt, what is the social contract and what are the social contract's benefits to society? Explain.

According to the excerpt, the social contract is "the individual member alienates himself totally to the whole community together with all of his rights." The social contract's benefits to society are numerous; overall, each man acts as a servant to society, contributing to bettering it. The contract serves to maintain the general will, individual will, property rights, inalienable sovereignty, citizen participation, and civil religion. As long as man is contributing to the good of the society, they can retain their freedom.

Which types of government did Aristotle prefer and why?

Aristotle preferred Monarchy, Aristocracy, and a Polity/Constitutional Republic because they are based on acting for the good of the people, and often the rulers are wealthy and/or educated.

Oligarchy

Aristotle: bad government - Ruled by few - Wealthy/educated - Rules in the interest of the working class - Property qualification - State of the rich

Tyranny

Aristotle: bad government - Rule by 1 - Power From God - Rules in the interested of himself - Modern day totalitarian - Protection of the tyrant and doesn't look out for the people's interests - No limits on power

Monarchy

Aristotle: good government - Ruled by 1 - Divine Right - Rules in the interest of the people - Many become ceremonial head of state - Kingship: limited by prescribed conditions

Aristocracy

Aristotle: good government - Ruled by few - Wealthy/educated - Rules in the interest of the people - Edu. qualification (not divine right) - Ruled by the best (what he considers the best of best)

Polity/Constitutional Republic

Aristotle: good government - Ruled by many - Masses - Each individual rules for the good of the whole - No direct role in representation, but rather elect individuals - Free Elections

Where is the Supremacy Clause in the Constitution?

Article VI

Before reading, review the introduction and discuss the historical context of Common Sense. What was happening at the time that can provide insight into the motivations and perspective of the author? What was his purpose?

As the year 1776 commenced, tensions between Britain and the colonies were at their boiling point; the colonies continued to demand representation in Parliament, and the British were making their final attempts at trying to control the 'unruly' colonists. Paine's purpose is to encourage the colonists to seek independence from Britain.

What did the Framers have to do when setting up the government?

Balance between fear and progress

Bill of Rights: 2nd Amendment

Bear Arms

Categorical Grants

Broadly, categorical grants are federal grants given for a specific reason or program, and they have specific required stipulations such as non-discrimination policies. Furthermore, categorical grants come in two sub-categories: project grants and formula grants. Project grants are like those given by the NSF dedicated to specific research based on an application with many merits. On the other hand, formula grants are those which include programs such as Medicaid. These grants are given based on mathematical formula that determines who qualifies for them.

Articles of Confederation

Created a "league or friendship in 1777, the first U.S. Constitution. The Articles of confederation established the natural legislature, but most issues were left to the states. There was no president or national courts. The Congress's main power was being able to raise an army or navy, but a big issue was that it did not have the power to make the states pay taxes.

Connecticut Compromise

Created after the proposal of the Virginia and the New Jersey plan; this Compromise made the Congress a bicameral legislature with the House of Representatives based on population and the Senate where each state has two representatives.

What basic tasks do we ask our government to perform?

Establish justice, insure domestic tranquility, provide for the commence defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.

Grants & Aid

Federal money that Congress gives to state and local governments

What is a social contract?

Freedom is given up for social liberties

What powers will the government have?

Inherent: all governments have these powers (foreign policy, immigration) Expressed/Enumerated: specifically listed in the Constitution (right to levy taxes, right to declare war, support an army) Implied: those required to make the enumerated powers work (Congress establishes a civil service system to hire federal workers)

Who preferred direct democracy? What was his justification?

Jean-Jacques Rousseau believed in direct democracy because he felt all people should hold political power and be involved in the government.

When did Locke write the Second Treatise and why? What was his purpose? What was happening at the time that can provide insight into the motivations and perspective of the author?

John Locke, English philosopher and physician, wrote the Second Treatise in 1689 following King James II being overthrown in 1688 during what is now referred to as the Glorious Revolution. His purpose was to explain why King James had rightfully been overthrown. At the time, there was an incessant struggle between the power of the people and the power of the government over the people; furthermore, people supported natural rights.

Bill of Rights: 7th Amendment

Jury trial in civil cases

What will be the structure of the government?

Legislative Branch - Senate: equal representation - House of Representative: proportionate to each state's population Executive Branch - Headed by the President - Can create a cabinet (positions for advisors) Judicial Branch - Supreme Court: settle constitutional disputes - Legislative creates inferior courts

What are the two competing interests that all governments, laws, etc. have to balance?

Liberty v. Order

When does Locke argue that it is necessary for man to give up certain liberties under the laws of nature? Why?

Locke argues that it is necessary for man to give up certain liberties under the laws of nature to be a member of society. His main focus is on the protection of the individual and the property; Locke insists that giving up some laws of nature to join a society affords men needed protection for their properties.

What does Locke mean by natural rights?

Locke means people have the inherent natural rights of life, liberty, and property that cannot be infriged on by the government.

What governments does Aristotle consider good?

Monarchy, Aristocracy, Polity/Constitutional Republic

Who does Montesquieu think should exercise executive power? Legislative power? Why?

Montesquieu thinks that a monarch should exercise executive power because "this branch of government...is better administered by one than many." He also thinks that many people should exercise legislative power because it is usually "better regulated by many."

Cooperative Federalism

National, state, and local governments share powers; shared cost, federal guidelines, shared administration (Marble Cake)

What is the citizenship requirement?

Natural born citizen

Bill of Rights: 3rd Amendment

No Quartering Soldiers

Bill of Rights: 8th Amendment

No cruel and unusual punishment or excessive fines/bail

Bill of Rights: 4th Amendment

No unreasonable search and seizure

Bill of Rights

The Bill of Rights is the set of the first 10 amendments to the Constitution which were added in order to make Rhode Island and North Carolina ratify the Constitution. They guarantee protection of privacy, personal beliefs, defendants' rights, freedom of expression, and others such as the right to bear arms.

Who is tasked with running the House and the Senate?

The House and the Senate are self-governing.

Now that you've gotten to know the Constitution, write at least a paragraph (minimum 5-7 sentences) in which you articulate what values the Founding Fathers held most sacred, and be certain to include specifics from the Constitution, as well as pertinent historical background, in your response.

The United States Constitution reflects the beliefs of the Founding Fathers, many which stemmed from the European Enlightenment in the 1700s. While the Founders held many vital beliefs which are now ingrained into the political Constitution of the United States, one belief in particular appears to be the most evident in the Constitution: a proper government is derived from the consent of the people. In fact, the Founding Fathers commence the Constitution with the words "We the People of the United States." This belief is supported by those such as Thomas Paine in his famous work Common Sense as well as The Virginia Declaration of Rights. At the time, this mode of thought was quite radical because instead of the government limiting the actions of the people, the people were limiting the actions of the government. This philosophy is also evident in the bill of rights which is essentially a list of "natural rights," proposed by philosopher John Locke, for the people and a set of limitations of what the government cannot interfere with. Additionally, one of the main goals of the Founding Fathers was to ensure the liberty of the people of the United States; to do this, inspired by works like Montesquieu's The Spirit of the Laws, the men advocated for distinct branches of government in order to separate the executive, legislative, and judicial sectors to prevent despotism. Interestingly, even the United States Constitution is divided into Sections based on which branch of government it is detailing, careful to prevent any overlap which could inhibit the liberty of the people. Overall, the Constitution epitomizes the Enlightened political thought of the 18th century.

What arguments does Paine use to support his assertion that the American colonies would be better off as an independent nation? (Hint: There are many!)

The arguments that Paine uses to support his assertion that the American colonies would be better off as an independent nation include: America's extensive commerce development and Europe's need for the products leading to economic flourishing in America, the protection offered to America by Great Britain was to protect Britain's resource rather than the American people, people come to America from Britain to flee the country's tyranny, when England goes to war it is detrimental to American trade, the lengthy wait American's endure when they send a petition to Britain to be reviewed and the conflict with Britain will prevent emigration to America.

What is the fundamental question that Rousseau seeks to address in The Social Contract? Reword the question and explain what it means.

The fundamental question that Rousseau seeks to address in The Social Contract is 'How can men be controlled in society while still preserving their power and freedom?'. In others words, how can a government institution be organized that both controls man and retains man's freedom.

Checks & Balances

The governments different branches each have to answer to the others when making decisions; this prevents tyranny from taking over the government.

What is the state of nature?

The state of nature is man w/o the influence of law and society.

How many senators are there per state? Who are senators chosen by?

There are 2 senators per state that are chosen by the state.

Who thought government should be authoritarian and rule by fear?

Thomas Hobbes

What governments does Aristotle consider bad?

Tyranny, Oligarchy, and Democracy

Crossover Sanctions

Using federal dollars in one program to influence state and local policy in another (withholding highway funds until drinking age is issued)

Approval of all states was needed to amend the Constitution (Articles of Confederation)

Why do you suppose this was included? - "League of Friendship" What could be a potential problem with this rule? - Unanimous decisions are hard to come by, especially with such diverse states

No Chief Executive (Articles of Confederation)

Why do you suppose this was included? - King George III abused his power What could be a potential problem with this rule? - Hard to get things done

Laws needed to be approved by 9/13 states (Articles of Confederation)

Why do you suppose this was included? - More than a majority, so they were not exactly split What could be a potential problem with this rule? - States that didn't agree might reuse to abide by it

Congress did not have the power to tax (Articles of Confederation)

Why do you suppose this was included? - Scared of the intolerable acts What could be a potential problem with this rule? - No funding for the government

No national power to settle disputes between states (Articles of Confederation)

Why do you suppose this was included? - States should fend for themselves What could be a potential problem with this rule? - No one to regulate a supreme law

Congress could not collect state debts owed (Articles of Confederation)

Why do you suppose this was included? - The South had a lot of debts to pay off, while the North didn't have many. (North saw this as unfair.) What could be a potential problem with this rule? - The South could be in a reccesion while the North was thriving.

Congress could not create a national court (Articles of Confederation)

Why do you suppose this was included? - Wanted states to create and delegate laws specific to the people What could be a potential problem with this rule? - No higher power than the states; states commiting crimes against each other

Constitution

all customs, rules, and laws on how a city state should be governed