APUS Gov Unit 1
Amendment Ratification Process
1. Amendment is ratified by 3/4 of the state legislatures 2. Amendment is ratified by special conventions held in 3/4 of the states
Articles of Confederation article 13
13/13 states needed to agree to amend the articles
Articles of Confederation
1st Constitution of the U.S, each state had its own separately-operating government, but the weak central government was needed for international treaties, trade, etc
Articles of Confederation article 2
Each state retained its sovereignty, freedom, and independence, and every power not delegated specifically to the United States is retained by the states
Virginia Plan
Favored larger states, called for proportional representation in congress
New Jersey Plan
Favored smaller states, called for equal representation in congress
Weaknesses of the Articles of Confederation (4)
Federal government only had one branch (legislative), each of the 13 states had to agree to amend the articles, congress had no power to raise taxes and had to ask states for money, congress couldn't raise an army
catagorical grants (+ ex)
Federal grants for specific purposes (such as civil rights act, prohibited federal funding to schools that were still segregated)
Elite democracy's presence within the constitution
Provided for elected representatives that legislate on people's behalf
How did Federalist 10 propose a solution to the majority v minority rule debate?
Republican-style government will mean that the many factions will need to compromise to pass laws, therefore, both majority rule and minority rights would be upheld
Federalist 51 (2)
Separation of powers & checks & balances control the abuse of power by any one branch; branches must work as independently of others as possible and also possess necessary checking powers to keep each branch in line
Article 6 of the Constitution
Supremacy Clause - clearly states that national law will be supreme over state law
Bill of Rights
The first 10 amendments the the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.
Why did the lack of ability for congress to raise taxes under the articles cause problems?
The government couldn't pay its bills, especially debt to revolutionary war soldiers
Constitutional Convention
The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.
Shay's Rebellion
US economy was in bad shape and soldiers were receiving no relief from government, so Daniel Shays led a revolution that exposed weaknesses of articles, scaring state leaders that the next revolution would not be so easily put down
State of Nature
a condition in which no governments or laws existed at all
Referendum
a legislative act is referred for final approval to a popular vote by the electorate
elite democracy
a model of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision making.
Confederation
a union of sovereign states in which the stress is laid on the autonomy of each constituent body,
what was the only reason anti-federalists signed constitution?
addition of bill of rights
Articles of Confederation article 6 (2)
central government responsible for working with other countries, including trade agreements and declaring war, each state has its own army
Facts of Mculloch v. Maryland
congress chartered 2nd national bank of US and attempted to establish branches in several states, but maryland said that any bank not chartered by maryland would be subject to tax. the cashier of the bank refused to pay the tax.
Articles of Confederation article 9
congress needed 9/13 states to agree to major things such as declare war
reserved powers (and examples 2)
delegated by 10th amendment, powers kept by the states (if power isnt specifically delegated to federal government or prohibited for states) policing, hospitals
elite democracy in US today
electoral college, supreme court
Electoral College System (3)
elects the president, each state given the same number of electors as they have representatives in congress, states choose their own electors
participatory democracy (2)
emphasizes broad participation in politics/civil society, policymaking institutions are influenced by citizens directly
limited government ideal of democracy during the early days of America were influenced by
enlightenment thinkers
Preamble to the Declaration of Independence is filled with
enlightenment thought
Article 1 Section 8 (2)
enumerated powers of congress (lay/collect taxes, borrow/coin money, declare war, raise armies, etc), necessary and proper/elastic clause, congress can make any other laws "necessary and proper"
The Great Compromise
established bicameral legislature by compounding the virginia plan and new jersey plan; each state has two senators, but representation in the house is dictated by population
Letters from the Federal Farmer
expressed the ideals of the Antifederalist cause and systematically assessed proposed Constitution
mandate (+ex)
federal government requires states to follow federal directives and gives states money towards carrying out the mandate (clean air act, limits on CO2 output, so states needed money to comply with standards)
Why is the US a representative republic and not a pure (direct) democracy?
founders believed that most citizens were uneducated/unfit to make good decisions, so elections by popular vote were not ideal
Fiscal Federalism
government can establish standards and fund states that comply while not funding states that don't
examples of constitutional debates still occurring today
government surveillance (patriot act passed post-9/11 to find/stop future terrorists, sparking public outcry at fdl overreach of power) education (no child left behind act in 2001 said that in order to receive fdl funding, schools had to meet certain criteria that were unreachable for many states, regarded as a federal overreach of power)
Article 4 of the Constitution
government's relation with states and interstate relations
pluralist democracy in US today
groups such as NRA, NAACP, and NOW today influence politics
Why did Brutus No 1 raise concerns over Congress' power to raise taxes?
if federal government collects taxes, states will have a hard time also collecting taxes (people will get weary), and so state governments will become obsolete
Pluralist democracy's presence within the constitution
in order for a law to be passed, various interests (states/others) must compromise to get it done
unfunded mandates
mandate set but no funding allocated
"All men are created equal that they are endowed by their creator with certain unalienable rights" in DOI exemplifies
natural rights theory
pluralist democracy (2)
no one group dominates politics, group-based activism by nongovernmental interest groups formed around cause/demographic which work to impact political decision-making
Brutus 1 championed the _______ model of democracy because
participatory, feared tyranny of powerful central government and wanted to keep most of the power with the states
3 types of democracy
participatory, pluralist, elite
Even though Locke had a positive outlook of State of Nature, why did he still believe in government?
people form governments to settle injuries/disputes that may arise
Federalist 10 discusses
the danger of factions and the ways they can be limited through large republican governments;
Which states were the first and last to ratify the Constitution?
Delaware (1st), Rhode Island (13th)
Initiative
A procedure by which voters can propose a law or a constitutional amendment.
Federalism
A system in which power is divided between the national and state governments
"the confidence which the people have in their rulers ... arises from knowing them" and "it is natural to a republic to have only a small territory, otherwise it cannot long subsist" support the claims of which foundational document?
Brutus No 1
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8,) setting forth the implied powers of Congress. It states that Congress has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Commerce Clause
Clause stating that Congress can regulate interstate and international commerce.
Importation of Enslaved People Compromise
Congress could not prohibit the slave trade until 1808, but imported slaves could be taxed.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws (BOR applied to states)
Articles of Confederation article 5
Creates the Congress of the Confederation. Each state gets one vote in the congress
According to Madison in Federalist 51, what was the chief danger to the new republic?
Investing too much power in one branch over the others
Who wrote the Constitution and where/when was it written?
James Madison, Constitutional Convention (Philadelphia), 1787
The federalist papers were written by _____, _____, and ___, and were written to
Jay, Hamilton, Madison, to convince the public to ratify new constitution
Arguments of McCulloch v. Maryland
Maryland: the establishment of a national bank was unconstitutional, NOT one of the enumerated powers of congress in constitution McCulloch: bank was constitutional on necessary and proper clause
block grants
Money from the national government that states can spend within broad guidelines
Brutus No. 1 had grievances against which clauses of the constitution and why?
Necessary and Proper Clause and Supremacy Clause, by creating a central power that can pass any law and can crush every state law, state governments will lose all power and be rendered useless
3/5 compromise
Northern states did not want enslaved people to count for House representation but the South did, so 3/5 of enslaved population counted for both representation and taxation
Supreme court's jurisdictions (as established by article 3 of constitution)
Original jurisdiction over cases involving states, public ministers, etc, and appellate jurisdiction over all other cases, which must be appeals from the lower courts
Article 1 of the Constitution
Outlined forms (bicameral legislature) and powers of legislative branch
Article 5 of the Constitution
Outlines the process for amending or changing the Constitution through proposal and ratification
Factions
Political groups that agree on objectives and policies; the origins of political parties.
How can the legislative branch check the executive branch? (2)
Power of advice/consent and impeachment power
concurrent powers (and example)
Powers held jointly by the national and state governments (taxes)
Unfunded Mandates Reform Act of 1995
Prevents Congress from passing mandates without debate on how to fund them.
Republicanism
Proposed by Montesquieu in Spirit of the Laws, the people elect leaders to represent them and create laws in public interest
Supremacy Clause
article 6 of constitution, makes national law supreme over state law when the national government is acting within its constitutional limits.
How do large republican governments combat factions (according to Madison in Federalist 10)? (3)
as the nation grows, its interests will become so diverse that a majority isn't likely to form, the many factions will compete with one another and this competition will prevent the union from tyranny; additionally, factions will need to compromise to pass laws and therefore represent majority and minority opinion
Various access points to government available to stakeholders (4)
interest groups can pay professional lobbyists to meet with representatives, average citizens can write letters, courts can be used to challenge unjust laws, complaints can be filed with bureaucratic agencies
The declaration of independence was written by _____, ______, and ____, and contained ideas of ______ and _______
jefferson, adams, franklin, natural rights, popular soverignty
Article 3 of the Constitution
judicial branch, provides for 1 supreme court that interprets law
The Constitution established a ______ government in contrast to Articles' __________
republican-style, confederacy
"to secure these rights, governments are instituted among men, deriving their powers from the consent of the governed" in DOI exemplifies
popular sovereignty and social contract
How can the judicial branch check the other branches?
power of judicial review
implied powers
powers of the federal government that go beyond those enumerated in the Constitution,
exclusive powers (and example)
powers that can be exercised by the national government alone, declaring war
3 sections of the Declaration of Independence
preamble, list of grievances against king george iii, resolution for independence
Amendment proposal process (2)
proposed by 2/3 of both houses of congress or by 2/3 of state legislature
Separation of Powers (3)
proposed by Montesquieu in Spirit of the Laws, power ought to be separated to prevent tyranny (formation of executive, legislative, and judicial branches), provides for checks/balances between branches
Popular Sovereignty
proposed by Rousseau, belief that ultimate power resides in the people.
Social Contract (3)
proposed by Rousseau, in order to protect their natural rights, the people willingly give power to the government; the state is the servant of the people; if the government becomes tyrannical, the people can overthrow them and establish a new government
natural rights philosophy
proposed by john locke in second treatise of civil government, people are born with certain natural rights (such as life, liberty, property) given to them by their creator that cannot be taken away by a governing power
Article 2 of the Constitution
provisions for executive branch (elected by electoral college, commander-in-chief of military, enforces laws, president must sign laws passed by congress into effect)
Brutus No. 1's claims about size of US and its implications on republicanism
republican governments are not well-suited for large nations, the diversity of opinion within the large nation will make it impossible for the legislature to meet the needs of all US citizens (elected officials do not know their electorate or their needs and people will be left in the dark)
participatory democracy's presence within the consitution
separation of power between state and federal governments
The Constitution embodies ideas of
separation of powers and republicanismWhy is
Locke State of Nature
state of reason: man living together respecting each other's natural rights
Hobbes' POV, state of nature
state of war "every man against every man," government needed to organize people and secure their rights
United States vs. Lopez
the national government used commerce clause to ban guns near schools, which the Supreme Court ruled unconstitutional when the clause had no correlation with the actual case, upheld states' rights
According to Madison in Federalist 51, why do humans need government ?
to protect liberty
participatory democracy in US today
town hall meetings, initiative, referenda
McCulloch v Maryland decision and why it matters
unanimous in McCulloch's favor, established supremacy of ntl law over state law
How can the executive branch check the legislative branch?
veto, congress can override this veto with a 2/3 vote
