GoPo Chapter 1
Shay Rebellion
1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention
McCulloch v. Maryland
1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
Preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Unitary system
A government that gives all key powers to the national or central government
Confederation
A joining of several groups for a common purpose.
Give an example of a block grant and explain how grants work.
A large sum of money granted by the government with only general provisions as to the way it's to be spentExample: the mental health block grant which gave money to individual states to assist treatment of mental health
Extradition
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Direct primary
A primary where voters directly select the candidates who will run for office
Referendum
A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment.
Federalism
A system in which power is divided between the national and state governments
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
Federalists
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
What are the main points of the Federalist papers nos. 10, 51 as well as Brutus 1?
Addresses the way in which appropriate checks and balances can be created in governmentAdvocates a separation of powers within the national government-51 10-Written by James Madison, this essay defended the form of republican government proposed by the Constitution. Critics of the Constitution argued that the proposed federal government was too large and would be unresponsive to the people. In response, Madison explored majority rule v. Brutus 1-Brutus argues that in a republic, "the manners, sentiments, and interests of the people should be similar...if not, there will be a constant clashing of opinions and the representatives of one part will be constantly striving against the other."Should a republic be made up of a small group of like-minded people?
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)
Impeachment
An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors."
Interstate compact
An agreement among two or more states. Congress must approve most such agreements.
Anti-Federalists
Anti-Federalists rose up as the opponents of the Constitution during the period of ratification. They opposed the Constitution's powerful centralized government, arguing that the Constitution gave too much political, economic, and military control. They instead advocated a decentralized governmental structure that granted most power to the states
What conditions are necessary for democracy to work?
Basic human securityFunctioning state with power and rule lawFree and fair elections (everyone can vote)Respect for human rightsBasic EqualityEducation and an informed population
Constitutionalism
Basic principle that government and those who govern must obey the law; the rule of law
List some of the main changes in the structure of our government since the writing of the Constitution:
Bill of Rights Amendments Implied Powers
What are the states prohibited from doing by the Constitution?
Cannot unilaterally enter into any treaty, alliance, or confederationDeclaring warCannot negotiate treatiesCannot coin moneyCannot go above federal law
What are the main arguments of the centralist v decentralist debate?
Centralist: powers all centralized in the Federal Government Decentralist: powers spread amongst everyone, more referencing the power belongs to the people and the states
Necessary and proper clause
Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers
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
National supremacy
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government will prevail.
What were the major weaknesses of the articles of confederation?
Couldn't tax statesCouldn't have an armyNo central governmentNo regulation of tradeEach state had their own currencyCouldn't enforce legislation
Social capital
Democratic and civic habits of discussion, compromise, and respect for differences, which grow out of participation in voluntary organizations.
Marbury v. Madison (1803)
Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court. Case in which the supreme court first asserted th power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional
Categorical Grants
Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.
List the main disagreements between the Federalists and Anti-Federalists:
Federalists:Wanted a stronger National government than stateWere in favor of the Constitution Anti-Federalists:Wanted to give states more controlWere not in favor of Constitution as it took power away from the states and individuals
What is the importance of Marbury v Madison and McCulloch v Maryland?
If Marbury v. Madison (1803) "promised" that the Supreme Court would exercise great authority in shaping the laws of the land, McCulloch v. Maryland fulfilled that promise for the first time. Arguably no other decision has so profoundly defined national power. Marbury v. Madison established judicial review Mcculoch v. Maryland established the supremacy clause
Free Response Question There are four types of free-response questions on the AP exam. On this test we are going to answer a Concept Application FRQ & SCOTUS Comparison FRQ. Concept Application Question: This type of question tests your knowledge and understanding of key concepts from the unit and how well you can apply those concepts across scenarios. SCOTUS Comparison: Compare a non required Supreme Court case with a required Supreme Court case, explaining how information from the required case is relevant to that in the non required one
In 2010 Arizona passed a law that sought to reduce the number of undocumented immigrants in the state. The law made it a crime to seek or obtain work in the state without proper documentation, and it also made hiring, sheltering, or transporting undocumented people illegal. It also gave local law enforcement the authority to require proof of residency in the course of a lawful arrest, and it gave them the authority to perform warrantless stops of people they suspected of being undocumented. The United States Department of Justice challenged the state law as an interference with the national government's enumerated powers to regulate and enforce immigration law. In Arizona v. United States (2012), the Supreme Court agreed with the United States in a 5-3 decision stating most of the provisions of the law did conflict with federal authority. The Court said, "The Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. . . . This authority rests, in part, on the National Government's constitutional power to establish an uniform Rule of Naturalization, and its inherent power as sovereign to control and conduct relations with foreign nations."Based on the information above, respond to the following questions. Identify a common constitutional principle used to make a ruling in both McCulloch v. Maryland (1819) and Arizona v. United States (2012). Explain how the facts of McCulloch v. Maryland and the facts of Arizona v. United States led to a similar holding in both cases. Explain an action that Congress could take to respond to the Arizona v. United States decision if it disagreed with the decision.
What are the origins of judicial review?
Judicial review is nowhere mentioned in the Constitution. One might say that the Court 'found' the power for itself in the 1803 case of Marbury v. Madison. This was the first time that the Supreme Court declared an act of Congress unconstitutional.
Block Grants
Money from the national government that states can spend within broad guidelines determined by Washington
Analyze the differences between the New Jersey and the Virginia plans.
New Jersey:Advocated for one legislative houseMembership would be equal for all states Virginia:Advocated for two legislative housesMembership would be based on population
Centralists
People who favor national action over action at the state and local levels.
Decentralists
People who favor state or local action rather than national action.
Concurrent powers
Powers held jointly by the national and state governments.
Express powers
Powers the Constitution specifically grants to one of the branches of the national government.
Impoundment
Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.
Full faith and credit clause
Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
Lopez v. US
Set limits to Congress's ability to interpret power from the Commerce Clause : /George Lopez limits Commerce/ Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
Majority
The candidate or party that wins more than half the votes cast in an election.
Commerce clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Connecticut Compromise
The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.
Bicameralism
The division of a legislature into two separate assemblies.
Devolution revolution
The effort to reduce the size & power of the federal government by returning (devolving) power to the states. Associated with economic conservatives, President Reagan & the Tea Party.
Popular consent
The idea that a just government must derive its powers from the consent of the people it governs.
Statism
The idea that the rights of the nation are supreme over the rights of the individuals who make up the nation.
Judicial review
The power of the courts to declare laws unconstitutional
What does the legalization of marijuana have to do with federalism?
The principle that national law preempts state law (the national government overruled California's state law by arresting medical marijuana patients and seizing the business assets of growers and dispensaries)
Custom and Usage
The term used to describe constitutional change that occurs when the practices and institutions of government not specifically mentioned in the Constitution change over time through use and evolution
What would the Framers think of our political system today?
They would be confused as to how complicated our government had become
According to John Locke's idea of the social contract, people give up their perfect liberty in order to gain a bit of security. Why do they do this? Have we given up too much liberty or not enough in the US today?
To be protected so they don't lose all their liberties . We have given too much liberty up in the US today
What are the goals of federal grants?
To reward someone with financial assistance for something that helps society
What are some alternatives to federalism?
Unitary System (centralized powers)Confederate Systems (an alliance of sovereign nations)Autocracy (dictatorship)Oligarchy (rule by a small group)Constitutional monarchy
According to Rousseau, "Man is born free, and yet everywhere he is in chains. What did he mean and what would Rousseau say about the US today?
With the famous phrase, "man is born free, but he is everywhere in chains," Rousseau asserts that modern states repress the physical freedom that is our birthright, and do nothing to secure the civil freedom for the sake of which we enter into civil society.
Constitutional democracy
a democratic government based on a written constitution
Representative democracy
a form of democracy in which citizens elect officials to govern on their behalf
The Federalist papers
a series of 85 essays written by Hamilton, Madison, and Jay (using the name "publius") published in NY newspapers and used to convice readers to adopt the new constitution
Ideology
a system of ideas and ideals, especially one that forms the basis of economic or political theory and policy.
Unfunded Mandate
actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required.
Is our country getting more democratic?
currently with voter suppression and rule by the elite and major corporrations, no
Theocracy
government run by religious leaders
James Madison said, "If all men were angels, no government would be necessary." What did he mean? Explain whether the government makes us less angelic or more.
he means that government is a reflection of man kind, so if men were perfect angels there would be no need for rules, order, or structure. Government makes us more angelic because it sets limitations on our free range to do anything
Divided government
one party controls the White House and another party controls one or both houses of Congress
Inherent powers
powers claimed by a president that are not expressed in the Constitution but are inferred from it
Implied powers
powers that congress has that are not stated explicitly in the constitution
Federal mandates
regulations that the national government imposes on state and local governments
Revenue sharing
the distribution of a portion of federal tax revenues to state and local governments.
Plurality
the number of votes cast for a candidate who receives more than any other but does not receive an absolute majority.
Executive privilege
the privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest.
What is the difference between unitary, confederal, & federal systems, and what are two pros and cons of each?
unitary government: made policy for the nation (europe)-confederate government: leaves most power in the states or provinces while a weak central government authority provides common defense or economic benefits (confederate states of america)-federal system: power is divided and shared between national & state governments (U.S.) n a Confederal system the states hold the power in a Unitary system the national government holds all the power in a federal system there is division of the powerPros: C:libertyU:strong central govF: unity without uniformity, checks growth of tyrannyCons: C:weak central govU: tyranny, gov from peopleF: can lead to inequality, unclear