AP Gov and Politics - Chapters 1-3
Polis
Greek city-state where only free adult male property holders could become citizens and participate in town hall meetings
Article 1 of the Constitution
Gives Powers to Congress
Article 3 of the Constitution
Gives Powers to Judicial
Article 2 of the Constitution
Gives Powers to President/Executive
Factions
Groups of people who gather together and promote their special interests and political opinions
4 parts of the Declaration of Independence
Preamble, Declaration of Natural Rights, List of Grievances, Resolution of Independence
What were the only two states that did not ratify the Constitution?
Rhode Island and Connecticut
Brutus I
Written to discourage ratification of the Constitution, the document examines the major complaints of the Constitution which are: 1.) too much power to national government via implied 2.) specter of the standing army 3.) presidency is too powerful 4.) lack of Bill of Rights 5.) national government rules over too large a nation 6.) courts are too powerful Main concerns about constitution: Gov w/ uncontrollable power, Necessary & proper clause, Supremacy Clause Constitution takes away from state power. Not enough communication in a large republic. Taxing is the biggest power and should belong to the states
Direct (participatory) democracy
a government in which all or most citizens participate directly 1. Citizens rule directly 2. Not used in any country
What are two positive things about a republic according to Madison?
-Delegation of government -Ability to extend over a great swathe of people who have different ideas and factional alliances -Protects people's liberties and rights to property while mediating class struggles
What are two reasons elected representatives are better than a pure democracy?
-Elected officials can be proportional to citizens to pass wise and well founded decisions -More people voting means less chance for the corrupt to gain power.
Thomas Hobbes philosophy
-He believed that the state of nature is chaotic and in it life is "nasty, brutish, and short". -He believed that the state of nature is so chaotic because human nature is greedy, selfish, and vain. -He favored an absolute monarchy with the Church integrated into the government and people have no right to revolt. Without this, he believed, society would fall into disarray. -He believed in the Social Contract Theory where people set aside their natural rights to give way to an absolutist style government that would serve as a powerful state to impose order and maintain a peaceful society.
Charles Montesquieu philosophy
-In a state of nature, humans are too fearful to engage in violent activity and gravitate toward each other for support. Once in a stable society, however, humans feel more emboldened to seek rebellious motives -created the idea that governments should be divided into three separate branches (legislative, executive, judicial)
How can the judicial branch check the legislative branch?
-Interprets laws and may declare laws unconstitutional
How can the judicial branch check the executive branch?
-May rule that Presidential action is unconstitutional -Judges appoint by the President serve for life
What are some examples of how nationalization persists today despite the call for smaller government and devolution?
-No Child Left Behind began to create a national standard for education -Department of Homeland Security began to take local policing and emergency responsibilities from the states in the Post-9/11 U.S. -The government bailout of the U.S. automobile industry and the $800 billion stimulus was seen as a necessary expansion of government power to deal with the "great recession"
How can the executive branch check the power of the judicial branch?
-President appoints judges to fill vacancies -Grant reprieves and pardons
How can the executive branch check the legislative branch?
-The President can veto bills -Recommend legislation -Call special sessions of Congress
Strengths of the Articles of Confederation
-ability to declare war -ability to appoint military officers -ability to make treaties -can negotiate with foreign powers -ability to make alliances -manage relations with Native Americans -can coin money -authority to operate post offices
Jean-Jacques Rousseau philosophy
-believed that Human beings are born naturally good & free & can rely on their instincts. - it is society that corrupts and enchains them because the rich stole property from the poor and exerted power upon them, so a fraudulent social contract resulted in which living conditions were suboptimal -Government should exist to protect common good, and be a direct democracy -social contract was for the good of the community, not one ruler - people make their own society focused on public good -citizens must give up their natural rights to the community, not to a sovereign -governmental authority comes from the people inspired the US Constitution's line of "We the People"
Examples of Concurrent Powers
1. Collect taxes 2. Establish courts 3. Regulate interstate commerce 4. Regulate banks 5. Borrow money 5. Provide for the general welfare 6. Punish criminals
Examples of Reserved Powers
1. Establish local governments 2. Set up schools 3. Regulate state commerce 4. Make regulations for marriage 5. Establish and regulate corporations
Olive Branch Petition (1775)
Adopted by the Continental Congress in an attempt to avoid a full-blown war with Great Britain. *Provisions:* Affirmed American loyalty to Great Britain and entreated the king to prevent further conflict. *Historical Significance:* Rejected and the colonies were formally declared in rebellion. An attempt to assert the rights of the colonists while maintaining their loyalty to the British crown.
How can an amendment be ratified?
-3/4ths of the state legislature - 3/4ths of the states in a special state ratifying convention (used only once)
How can the legislative branch check the executive branch?
-Can override Presidential veto -Control appropriations -Ratify treaties -Declare war -Refuse Presidential appointments -Impeach and remove the President from office
How can the legislative branch check the judicial branch?
-Can refuse judicial appointments -Authority to impeach judges -Can create lower courts -Can propose constitutional amendments to overrule Supreme Court decisions
John Locke philosophy
-natural rights inherent in human beings -gov must be built on the consent of the governed -limited government -provide standing laws -social contract applies not only to the people, but also to the sovereign so an oppressive government that takes away peoples' unalienable rights can be abolished and reformed -Parliamentary bodies of a hereditary House of Lords and representative House of Commons - Legislature is the source of supreme authority -people are entitled to the unalienable rights of life, liberty, and property
Weaknesses of the Articles of Confederation
-no federal leader to lead the country) -no national taxes (no ability to gain national revenue to pay for national interests) -no federal court system (no ability to settle disputes between states) -lack of strong federal government -no power to regulate interstate commerce -limited military = no protection -state governments select members of Congress, not the people -power concentrated in a weak League of Friendship, unicameral legislature
What were some Federalist views?
1. Favored the Constitution 2. Wanted a strong national elected government 3. Believed that a strong national government was needed to protect the nation and address domestic issues 4. Believed checks and balances would protect against abuses of power 5. Believed that the constitution should be allowed to place limitations on the powers of each branch of government 6. Each state should have its own Bill of Rights 7. Liberty is safest in large republics to expand viewpoints - many viewpoints so hard for a tyrannical majority to form 8. Government is at a distance and insulated from popular opinion
Examples of Enumerated Powers
1. Maintain military 2. Declare war 3. Establish postal system 4. Set standards for weights and measures 5. Protect copyrights and patents 6. Print money 7. Make treaties
List three ways Federalist 10 supports a republic
1. Many political ideas can exist under a republic. 2. The whole nations becomes consolidated 3. Less chance of corruption.
What were some Anti-Federalist views?
1. Opposed the Constitution 2. Wanted strong elected local governments and feared a strong national government 3. Believed that the Constitution created a strong executive authority similar to a monarchy 4. Wanted fewer limits on political participation by all citizens 5. Wanted a Bill of Rights specifically protecting citizens from the national government 6. Believed a strong national government would be distant from the people and absorb state functions
List three ways Brutus I opposes a republic
1. Power over the public good is too broad of a statement. 2. Lack of adequate state representation. 3. Ultimate power to one legislative branch.
Madison suggests what two methods of "curing the mischiefs of factions?"
1. Removing its causes by removing the liberty that allowed it to exist in the first place. 2. Controlling its existence by setting aside differences to work towards a common goal - Since the causes of factions cannot be removed without infringing upon certain unalienable rights, the important thing is to control the factions as they form. The new government under Madison is designed to protect the public good from the selfish interests of one majority faction. Because a republic offers representation of different factions and divides power amongst them, no one faction can get too powerful.
Chapter 1 poses what two essential questions?
1. Who governs? (who rules the US?) 2. To what ends? (how does the government affect our lives)
Liberties of the Constitution without the Bill of Rights
1. Writ of habeas corpus may not be suspended unless under certain exceptions 2. Congress nor states can pass a bill of attainder 3. Congress nor states can pass an ex post facto law 4. Right to trial by jury 5. Privileges of each state are universal 6. No religious test required to hold office 7. States can't pass laws to impair making contracts
Stamp Act
1765; law that taxed printed goods, including: playing cards, documents, newspapers, etc.
How can an amendment be proposed?
2/3 of Congress vote or 2/3 of state legislatures call for national convention
Shay's Rebellion
A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes - prevented Western Massachusetts courts from sitting, organized by Daniel Shays, an officer. The government of Massachusetts asked the Continental Congress to send troops to suppress the rebellion, but not enough men/money. What ended up happening was private funds were used to hire a volunteer army to end the rebellion - this all pushed Massachusetts over the edge and they attended the Philadelphia Convention
Popular Sovereignty
A belief that ultimate power resides in the people - belief that the government is created by and subject to the will of the people
Unitary Government
A centralized government in which all government powers belong to a single, central agency. Sovereignty is in hands of national government so states/localities depend on its will
Home-rule charter
A charter that allows the city government to do anything that is not prohibited by the charter or by state law
General-act charter
A charter that applies to a number of cities that fall within a certain classification, usually based on city population.
Special-act charter
A charter that denies the powers of a certain named city and lists what the city can and cannot do.
Waiver
A decision by an administrative agency granting some other part permission to violate a law or rule that would otherwise apply to it
Federal Government
A form of government in which powers are divided between a central government and several local governments. Local units of government have a specially protected existence and can make final decisions over some governmental activities
Ex Post Facto Law
A law that makes an act criminal although the act was legal when it was committed
Bill of Attainder
A law that punishes a person accused of a crime without a trial or a fair hearing in court
Confederacy
A loose union of independent states where each state has its own sovereignty States are sovereign and national government can only do what states permit
Gross Domestic Product (GDP)
A measure of all the goods and services produced in a nation over a given period
Stamp Act Congress (1765)
A meeting of delegations from many of the colonies in New York, the congress was formed to protest the newly passed Stamp Act It adopted a declaration of rights as well as sent letters of complaints to the king and parliament, and it showed signs of colonial unity and organized resistance.
City
A municipal corporation or municipality that has been chartered by a state to exercise certain defined powers and provide certain specific services.
Amendment
A new provision in the Constitution that has been ratified by the states
Annapolis Convention (1786)
A precursor to the Constitutional Convention of 1787. A dozen commissioners form New York, New Jersey, Pennsylvania, Delaware and Virginia met to discuss reform of interstate commerce regulations, to design a U.S. currency standard, and to find a way to repay the federal government's debts to Revolutionary War veterans. Little was accomplished, except for the delegates to recommend that a further convention be held to discuss changes to the form of the federal government; the idea was endorsed by the Confederation Congress in February, 1878, which called for another convention to be held in May that year in Philadelphia.
Limited Government
A principle of constitutional government; a government whose powers are defined and limited by a constitution. Derived from the idea of natural rights and the expectation that leaders will want to dominate others and expand their power so limited government is necessary
Politics
A process involving control and decision making in society. - power over the people differing beliefs on who should govern and how
Three-Fifths Compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)
What form of government does Madison compare and contrast in his essay?
A pure/direct democracy with his idea of an extensive republican government.
Nullification
A state's refusal to recognize an act of Congress that it considers unconstitutional
Federalism
A system in which power is divided between the national and state governments, and each level of government exists to check each other.
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Cooperative Federalism
A system of government in which powers and policy assignments are shared among local, state, and national governmental levels. They may also share costs, administration, and even blame for programs that work poorly. Ex. Medicaid = healthcare for the poor
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Articles of Confederation
A weak constitution that governed America during the Revolutionary War (1781) - The league of friendship could not tax or regulate commerce, each state was independent, each state had one vote in Congress, and 9/13 vote to pass a measure Could make treaties, coin money, appoint army officers, and run post office
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Article 5 of the Constitution
Amending the Constitution
Tenth Amendment
Amendment stating that the powers not delegated to the federal government are reserved to the states or the people (reserved powers)
Line-item veto
An executive's ability to block a particular provision in a bill passed by the legislature
What do all parties agree on?
An undemocratic exercise of power is not legitimate
How did John Locke influence the Constitution?
Argued against powerful kings and in favor of popular consent, people can exist in a state of nature without a king, decent government with separated powers between branches (more Montesquieu, but also Locke), people have unalienable rights of life, liberty, and property, and majority doesn't hurt the minority
Federalist 51
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group. - checks and balances protects against tyranny
Elastic Clause
Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. Ex. Create interstate highway system to regulate commerce, create the Air Force to raise and support armies, create time zones as fixing the standard of weights and measures
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Dillon's Rule
Authorizes a municipality to exercise only the powers expressly given, implied by, or essential to the accomplishment of its enumerated powers
Unalienable Rights
Basic rights of the people that may not be taken away based on nature or God - life, liberty, property
Why do the people need to worry about majority faction?
Because once that faction has power, it can push forward a corruptive agenda. The Framers feared the influence of the emergence of majority factions so much so that they designed a Constitution to ensure that no one faction could get too powerful.
Why is a large republic the most effective?
Because the larger a republic is, the more ideologies there are. Hence, there will be more factions and it will be less likely for one faction to have too much representation and power in government.
Why do the people not have to worry about the minority factions?
Because the smaller the faction is, the less of a political influence it has because there are fewer people in support of an idea, hence that idea will go underrepresented.
According to Brutus, why is a large republic without representation a problem?
Because without proper representation, the people cannot be properly heard, and their concerns fall through. If representatives do not represent the people, then the government is no longer considered democratic. Brutus argues that this will ultimately become the case for the large republic that the Constitution proposes.
Philadelphia Convention
Beginning on May 25, 1787, the convention recommended by the Annapolis Convention was held in Philadelphia. All of the states except Rhode Island sent delegates, and George Washington served as president of the convention. The convention lasted 16 weeks, and on September 17, 1787, produced the present Constitution of the United States, which was drafted largely by James Madison. - Jefferson and John Adams were abroad, Sam Adams was sick, and Patrick Henry didn't attend because he feared monarchy -Called the Constitutional Convention
Petition of Rights (1628)
Challenged the idea of the divine right of kings and declared that even the monarch was subject to the laws of the land (rule of law) -King can't imprison political critics, trial by jury, rule military in times of peace, people are not required to shelter troops without the homeowner's consent
Framing the Constitution
Charles Beard suggested that the Constitution was a document that was only created to protect the framer's wealth. Beard believed that the reason why the rich framers wanted to protect against majority rule was to prevent the majority to overthrow the rich. By keeping landowners in power and represented well in government, they would pass legislation favorable to themselves and not lose power to those unworthy of having it, which to them was the proletariat class. Constitution not for democracy but to create stable system for landowners (protect property); Beard believed that the reason why the rich framers wanted to protect against majority rule was to prevent the majority to overthrow the rich.
Ordinances
City laws, cannot conflict with state laws
What are the four main elite theories?
Class view, power elite, bureaucratic, and pluralist
Heart of Atlanta Motel v. US (1964)
Commerce Clause power allows Congress to eliminate acts of private discrimination At the Heart of Atlanta Motel in Atlanta, Georgia, Black Americans were refused admission, which violated Title II of the Civil Rights Act of 1964. The Hotel had no right to decide what people they admitted on the grounds of race alone as it violated the Civil Rights Act of 1964 and impeded the natural flow of commerce, which the Hotel has no right to regulate for that is the power of the federal government.
Article 6 of the Constitution
Constitution is Supreme
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
First Continental Congress (1774)
Convention of delegates from the colonies called in to discuss their response to the passage of the Intolerable Acts
What is the question that Brutus explores in his essay?
Could people of many ideologies and social backgrounds be united under one republican government without sacrificing their unalienable rights?
Parliament
Created in 1295, gathering of knights, nobles, and leading citizens to vote on taxes and laws - representatives of the people
Grants-in-aid
Federal cash payments to states and localities for programs they administer
South Dakota v. Dole (1987)
Federal government allowed to use spending power to influence state policy for the public wefare (drinking age went up in the states in order to get federal funding) In 1984, Congress made a law that ordered the Secretary of Transportation to withhold five percent of federal highway funding for states that did not have a minimum drinking age of 21. This directly affected South Dakota, which had a drinking age of 19, so South Dakota challenged the law. The Supreme Court decided that the legislation did not violate the 21st amendment by withholding funds and determined that the legislation was overall not coercive in terms of funding lost. Hence, the Supreme Court ruled in favor of the federal government.
Matching Grants
Federal government matches state funds so states spend more to receive more
Categorical Grants
Federal grant money that can be used only for designated projects.
Block Grants
Federal grants that permit state and local officials to decide how the money will be spent within a general area.
Magna Carta (1215)
First document to limit the powers of the king - signed in 1215. Citizens could not be deprived of life, liberty or property without a lawful judgment of their peers or by law of the land. Represented by the fifth amendment. - trial by jury, due process, representation
According to Brutus, what is going to happen to the representatives in a large republic?
In a large republic, it is difficult for representatives to represent the views of the people and it is more likely that they will be inclined to oppress the citizens to gain more power and stability in their own lives. However, the author of Brutus argues that, in a small republic, unlike the US, the smaller population enables representatives to more easily understand the will of the people. Over time, representatives of the republic would put themselves above the people and exploit them for selfish and corrupt reasons.
Two Treatises of Government
Is a refutation of the divine rights of kings and the absolutist theory of government. A book written by John Locke which stated details about natural rights and that people were born with and entitled to life, liberty, and property.
According to Brutus, why should we be concerned about the necessary and proper clause?
It will ultimately impact all citizens of the Union. Under the centralized government designed by the Constitution, states must conform to the "supreme law of the land." This is substantial because Congress has the authority to make any law it deems "necessary and proper," but it is important to acknowledge what is it exactly that is considered "necessary and proper?" This broad statement leaves far too much power to one entity that can make laws to bind not only the executive authorities, but also the courts. Furthermore, the national legislature also has unlimited power in terms of taxation since it is entitled to determine what "common defense" and "general welfare" mean in terms of necessitating taxes.
Reserved Powers
Powers given to the state government alone 10th amendment says that powers not delegated are reserved to the states
Concurrent Powers
Powers held jointly by the national and state governments.
Why is destroying liberty a negative thing?
Liberty is what gives faction existence and removing it prevents free thought in which diversity of ideas originate. The loss of ingenuity could be costly for a union dependent on the emergence of new ideas and complete convergence of all thought could result in one majority idea prevailing, resulting in the derivation and support of oppressive ideas.
Second Continental Congress (1775)
Managed the colonial war effort, and moved incrementally towards independence - finally adopting the *Declaration of Independence* in 1776 (drafted by Thomas Jefferson)
Implied Powers
Powers inferred from the expressed powers that allow Congress to carry out its functions.
McCulloch v. Maryland (1819)
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law In 1816, Congress chartered the Second Bank of the United States. In 1818, James McCulloch refused to pay state taxes on the bank and challenged Maryland for imposing them in the first place. Unanimous decision: Essentially, the ruling enabled Congress to charter a bank through the elastic clause to manage currency, which is one of its enumerated powers. It also established that states do not have the right to impose taxes upon a federal entity.
Where did Madison get his idea for a government with three branches with checks and balances?
Montesquieu
State/country
Organized community living under a single political structure and government
Albany Plan of Union (1754)
Plan proposed by Benjamin Franklin that sought to unite the 13 colonies for trade, military, and other purposes; the plan was turned down by the colonies & the Crown. Government to be run by a President General given power by the Crown, and a Grand Council chosen by representatives of the colonies.
Great Compromise
Plan to have a popularly elected House based on state population and a state-selected Senate, with two members for each state
Enumerated Powers
Powers given to the national government alone - also known as Delegated or Expressed Powers
How did Aristotle influence the Constitution?
Prevent rule of the many to become oligarchy/tyranny, good political system must be in place
Rule of Law
Principle that the law applies to everyone, even those who govern - no one is above the law and everyone must follow the law
Unfunded Mandates
Programs that the Federal government requires States to implement without Federal funding.
Virginia Plan
Proposal to create a strong national government with three branches in which the legislature would be bicameral (1st house = people choose, 2nd house = 1st house chooses from among people in state legislatures) - national legislature would have supreme powers
New Jersey Plan
Proposal to create a weak national government and amend the Articles in favor of smaller states. Each state would have one vote and the lower house would be elected by the state legislature with each state getting the same number of seats (unicameral legislature with equal representation regardless of population)
English Bill of Rights (1689)
Protected the rights of English citizens and became the basis for the U.S. Bill of Rights. All elections are free for everyone, fair and speedy trial, no excessive bail (punishment must fit the crime), no cruel or unusual punishments
Seventh Amendment
Purpose: Fair trial in civil cases 1. Right to trial by jury 2. Cannot use old evidence
Eighth Amendment
Purpose: Give justice in criminal punishments - punishment fits the crime (must be fair) 1. No excessive bail 2. No cruel/unusual punishments
Fourteenth Amendment
Purpose: People born naturally in the United States are automatically considered citizens. Also, the states cannot take away people's unalienable rights. 1. People who are born in the United State are automatically a citizen of America 2. States don't have the power to enforce or make laws that take a citizen's right of life, liberty, or property
Ninth Amendment
Purpose: People's rights can evolve/change over time States that people's rights are not limited to just those listed in the Constitution. - Constitution not built to retain people's rights
Fifth Amendment
Purpose: Pre-trial rights of the accused 1. Right to remain silent unless grand jury or in military 2. Can't be tried for the same crime twice (no double jeopardy) 3. Can't be threatened 4. Can't be forced to testify against self 5. Can't have belongings/life taken without due process of law 6. Can't have private property seized for public without compensation (eminent domain)
First Amendment
Purpose: Protect basic freedom of ideology, individualism/freedom of expression 1. Freedom of religion 2. Freedom of speech 3. Freedom of press 4. Freedom to assemble 5. Freedom of petition
Sixth Amendment
Purpose: Right to a fair trial in criminal cases 1. Speedy and public trial in place of crime 2. Jury from place of crime 3. Jury informed in law 4. Must be informed of severity of crime 5. Must be informed of reason for arrest 6. Can have witnesses in favor 7. Given lawyer for trial
Third Amendment
Purpose: Right to privacy in your home The government must have the homeowner's permission for quartering of military personnel unless it becomes law
Fourth Amendment
Purpose: Right to privacy of property 1. People can't be searched unreasonably 2. People can own their belongings 3. Warrants need a signature of a judge, a reason, and what is searched/seized
Second Amendment
Purpose: Right to protection and personal security 1. States can have militia 2. Citizens can own and use guns
Article 7 of the Constitution
Ratifying the Constitution
Fiscal Federalism
Refers to the spending of federal funds on programs run in part through states and localities
Gibbons v. Ogden (1824)
Regulating interstate commerce is a power reserved to the federal government Two individuals were given exclusive rights to operate steamboats on state jurisdiction waters. One of the business owners challenged a law that forced him to obtain a permit from New York to navigate in the waters between New York and New Jersey. The Constitution's commerce clause gives the federal government the right to regulate interstate commerce over the states.
Article 4 of the Constitution
Relations between states
Referendum issues
policy choices that appear on the ballot
What is the oldest and most common faction presented in the reading?
Social class through property holdings. There is a clear power struggle between landowners and the proletariat class.
US Term Limits v. Thornton (1995)
States cannot set term limits on members of Congress - was a case in which the Supreme Court of the United States ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. On November 3, 1992, Arkansas adopted Amendment 73 to their state constitution, which limited the terms of elected officials and made any officials who exceeded those terms ineligible for re-election. The Constitution prohibits States from assuming Congress' enumerated powers and eroding the structure of the federal government that was so carefully crafted by the Framers.
Bibb v. Navajo Freight Lines (1959)
Supreme Court strikes down Illinois mudguard law due to substantial burden on interstate movement of trucks The Illinois state legislature passed a law requiring motorized vehicles to have a certain type of mudguard and they restricted the ability of motorists to buy other types of rear guards. Because the Illinois law was inconsistent with other state legislatures and impeded the flow of interstate commerce, the Supreme Court declared this law unconstitutional.
Sovereignty
Supreme or ultimate political authority: a government that is legally and politically independent of any other government
What conclusion does Madison come to in his essay?
That he supports the new constitution and he wants others to understand why it should be ratified. Furthermore, he explains that an expansive republic enables many factions to exist under control while still maintaining liberty.
What does the 6th article of the Constitution say? Why do you think Brutus is concerned with this?
The Constitution and laws of the US made under US authority shall be the supreme law of the land, and the judges are bound by said laws. Such a statement would make the central government have uncontrollable power.
US v. Lopez (1994)
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone. Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. Ruled in favor of the state Alfonzo Lopez, a 12th grade student at San Antonio, Texas high school, was charged under Texas law for firearm possession on school premises. The following day, the state charges were dismissed and federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. Lopez was found guilty and sentenced to six months of imprisonment and two years of supervised release. Possession of a firearm on school property is not economic activity that could affect interstate commerce. Therefore, Congress cannot pass the act because it has no relation to commerce.
Reno v. Condon
The Court held that a federal law restricting the state's ability to disclose state drivers license information was constitutional under the 10th Amendment, because Congress was regulating a state activity, not requiring the states to enact laws or enforce federal laws. The national government's authority to regulate interstate commerce extends to restrictions on how states gather, circulate, or sell certain information about citizens. Congress enacted the Driver's Privacy Protection Act in 1994 (DPPA) to protect the rights of drivers to their privacy. The DPPA conflicted with South Carolina law on the grounds that the legislation violates the 10th and 11th amendments, and violates the constitutional principles of federalism. The Court of Appeals further supported this stance. The Court ruled that the DPPA is a proper exercise of Congress' power to regulate commerce under the Commerce Clause and does not go against federalist principles as it does not force the states to enforce Congress' bidding like in the case of Printz v. US. **Protecting the general welfare of the people - illegal to be selling people's license information
Printz v. US
The Court invalidated a federal law that required local police to conduct background checks on all gun purchasers - violates federalism The Brady Bill required CLEOs to perform background-checks on people who plan to purchase a handgun. In both Montana and Arizona, the District Courts found this unconstitutional but enabled the background checks to remain in place, separate from the Brady Bill. The Court decided that state legislatures are not subject to federal direction, so state CLEOs are not responsible for doing the federal government's bidding. Hence, the federal government can require background checks, but not use the state CLEOs like pawns to enforce their legislation as it violates the concept of federalism. **Federal government can't put data from background checks in a national database - infringes upon privacy
What is the most dangerous thing to a United America according to Federalist 10?
The ability to control differing political views. Essentially, the inability to control factional struggles due to a weak central government has plagued the new nation. A stronger national government, namely an extensive republic under the Constitution, is to be erected to remedy these evils.
Declaration of Independence
The document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain - adopted August 2nd, 1776 in Philadelphia
Battle of Lexington and Concord
The first military engagement of the Revolutionary War. It occurred on April 19, 1775, when British soldiers fired into a much smaller body of minutemen on Lexington green.
Bill of Rights
The first ten amendments to the Constitution - ratified December 5, 1791
Conditions of aid
terms set by the national government that states must meet if they are to receive certain federal funds
Devolution
The passing down of authority from the national government to the state and local governments.
Judicial Review
The power of the courts to declare laws unconstitutional
Nationalization
The process by which national authority has increased over the states over the course of U.S. history as a result primarily of economic change but also of political action.
What is the major issue with Matching Grants?
The promise of federal money is so powerful, that states and local governments are willing to follow federal guidelines and spend their own funds for the federal money. State and local officials are torn between their own independence and the services that they could provide with the federal money.
Why does Congress prefer Categorical Grants?
They have greater control over spending, while state and local authorities dislike the strings attached to the funds
Americans do not vote directly for everything - how does the consent of the governed occur?
They voted for officials who would represent them, thus giving the officials power to govern them.
What does Brutus think will happen to state governments and state constitutions if the new Constitution is ratified?
They would soon be annihilated because all of the powers would go to the central government. Also it would be a whole nation or consolidation. More specifically, the concern for state governments and legislatures lies in the fact that giving the national legislature the sole power of taxation could cripple the states. If the federal government exercises its taxation rights, then the state legislatures will find funding insufficient and will be economically crippled. For instance, if a state legislature passes a taxation law to help raise money for the state, there is nothing preventing Congress from repealing this law for the "general welfare" of the whole country. These splintered institutions will then consequently be absorbed by an ever-growing federal giant.
Why do state/local officials prefer Block Grants?
This type of grant enables them to keep their autonomy since they get to choose how to use the money
Stop Federalism Before it Kills Again - Describe how federalism led to many people suffering longer than necessary following the aftermath of Hurricane Katrina.
Though the federal government had the power to issue a mandate to spur the states to help those affected by the storm and they had plenty of resources to provide aid, the true issue lies in the federal system itself. The Constitution failed to establish how, in moments of great calamity, the different hierarchical levels of government were supposed to come together. Illuminating this issue is the fact that, even though the great amount of suffering within and without the boundaries of Louisiana was widely known, "a week after Katrina made landfall, local, state, and federal officials were still arguing who was in charge" (Griffin, 530). Hence, the lack of an effective plan to establish what roles each governmental body was supposed to play resulted in a higher deal of suffering for all of the storm victims. Furthermore, the lack of cooperation among governmental bodies also resulted in the construction of faulty levees, which were supposed to hypothetically control an encroaching tropical storm or hurricane by preventing water entry for a state that is below sea level. The levees of New Orleans that failed were the creation of a federal project that was "a joint federal, state, and local effort with shared costs" (Griffin, 533). Because these governmental bodies were collaborating, there was no sense of which entity was in charge and some of the agencies and organizations operated different parts of the project and were not even on speaking terms with one another (Griffin, 532). Collectively, this resulted in faulty levees and poor management of flood prevention technology as well as the inability to provide relief aid efficiently and effectively.
What do you think the purpose of Federalist 10 is?
To convince the people who can vote (intellectual land-owning elitists) to support the Constitution on the grounds that the new republic ensures the representation of all factions and prevents one faction from becoming too powerful.
According to Brutus, why would the national government want to get rid of state governments?
To make laws for the good of the whole Union. Also, state governments could present a problem to the central government, so removing them would be the simplest way to solve the problem.
What do you think the purpose of Brutus I is?
To support state's rights. Also, the essay gives evidence to why they shouldn't ratify the constitution and how badly it is going to affect states and nations as a whole. The major points were that the legislative branch was to be bestowed with far too much power, even in terms of other branches, and the type of government proposed will prove to be inadequate and inefficient, mainly because there are so many differing ideologies within America that they cannot be properly represented and representatives will exploit their power for their own personal benefit.
Federalist 10
Topic = factions (interest groups); minority factions controlled by majority; majority faction controlled by greater size of USA + virtuous leaders - a larger republic is more secure as it can keep the diverse factions in check An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Mandates
terms set by the national government that states must meet whether or not they accept federal grants
What is a faction?
Two or more groups of people who share the same belief or serve together for the same interests and common cause.
Representative democracy
a government in which leaders make decisions by winning a competitive struggle for the popular vote ("elitist" theory of democracy) any system of government in which leaders are authorized to make decisions and wield political power by winning the popular vote 1. Governments mediate not mirror popular views 2. People viewed to lack knowledge since they could be manipulated to follow demagogues
Demagogue
a political leader who seeks support by appealing to popular desires and prejudices rather than by using rational argument
Republic
a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch government in which elected representatives make decisions
Authoritarian Capitalism
a system in which the state allows people economic freedom but maintains stringent social regulations to limit non-economic behavior
Absolute Monarch
all powerful king or queen
Elites
an identifiable group of persons who possess a disproportionate share of some valued source, namely political power
Majoritarian politics
elected officials act as people would act if there were a popular vote (what most citizens would want) elected officials are the delegates of the people, acting as the majority of people would put to a popular vote
Democracy
government by the people, the rule of the many
Counties
largest territorial units between a state and a city or town
Natural Rights Declaration of Independence
life, liberty, and the pursuit of happiness
Democratic Socialism
political system in which the government takes over the means of production peacefully; people retain basic human rights and partial control over economic planning A socialist form of government that guarantees civil liberties such as freedom of speech and religion. Citizens determine the extent of government activity through free elections and competitive political parties.
Referendum
procedure enabling voters to reject a measure passed by the legislature
Recall
procedure whereby voters can remove an elected official from office
Initiative
process in which citizens put a proposed new law directly on the ballot
What type of government is the US?
representative democracy/republic
Legitimacy
source of power by law or constitution Many debates over who should/what should be the source of power Widely accepted in the US that Constitution is a legitimate source of authority.
Police Power
state power to enact laws promoting health, safety, and morals
Authoritarian Socialism
system that supports revolution as a means to overthrow capitalism and bring about socialist goals; the entire economy is controlled by a central government; also called communism
Power
the ability of one person to cause another person to act in accordance with the first person's intentions.
Committee of Detail
the five-member committee of the Constitutional Convention that met in late July and early August 1787 to fashion the resolutions passed by the Convention to that point into a draft constitution. Along with the Committee of Style, it was one of the two most important committees at the Convention
Democratic Capitalism
the freest of political economies. The citizens have wide civil liberties, are sovereign, and elect a republican government; property is privately owned and production and prices are determined by supply and demand An open and representative form of government that coexists with a market economy.
Formal Authority
the right to exercise power is vested in a governmental office
Authority
the right to use power
Pluralist View
view that competition among all affected interests shapes public policy; no single elite has monopoly on power - bargaining and competition are key; participants share an equal status whether it be in possession, power, or rights many different groups - policies created through political haggling + competition (common in US)
Power Elite (Elitist) View
view that the government is dominated by a few top leaders, most of whom are outside of government - corporate, military, key politicians (few top leaders make important decisions)
Bureaucratic View
view that the government is dominated by appointed officials appointed bureaucratic operate government
Class View (Marxist)
view that the government is dominated by capitalists ownership and production - those who control the means of production (capitalists)
