Unit 1 AP Gov SG
3/5 Compromise
-each slave would count for 3/5 of a person for taxation and representation purposes
13th Amendment
13. abolished slavery and eliminated the power of states to enforce slavery within their borders
14th Amendment
14. Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws, provide federal protection of individual rights against the states.
15th Amendment
15. citizens cannot be denied the right to vote because of race, color , or precious condition of servitude, secured the right to vote free from racial discrimination
grants-in-aid vs. federal mandates
A grant is commonly likened to a "carrot" to the extent that it is designed to entice the recipient to do something. On the other hand, unfunded mandates impose federal requirements on state and local authorities.
the amendment process in Article V of the Constitution
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
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.
Explain how each of the following additions to the Constitution addressed Anti-Federalist concerns. 1st Amendment 10th Amendment
By protecting individual liberty, the First Amendment to the United States Constitution addressed anti-Federalist concerns. It safeguards free speech, religion, the press, and the right to gather and petition the government, all of which alleviate concerns about future federal infringements on these fundamental rights. Furthermore, the 10th Amendment addressed anti-Federalist concerns by explicitly reserving to the states or the people powers not given to the federal government. This amendment reassured Anti-Federalists that state governments would retain significant autonomy and that the federal government would not exceed its jurisdiction, assuaging worries of excessive federal authority and reinforcing the notion of federalism in the United States.
categorical grants vs. block grants
Categorical grants can be used only for a specifically aided program and usually are limited to narrowly defined activities. Block grants can be used only for a specifically aided set of programs and usually are not limited to narrowly defined activities.
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
concurrent powers
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province.
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Dual Federalism vs. Cooperative Federalism
Dual: System which the fed gov't and state gov't each have mutually exclusive spheres of action Cooperative: National and state gov't work together and supply joint services to the citizenry (US)
issues with the Articles of Confederation arguments found in Federalist Papers vs. Brutus No. 1 (know Fed. No. 10, 51, and 21)
Fed. 21: Hamilton emphasized that the main flaw in the existing national government under the Articles of Confederation was its "total want of a SANCTION to its laws." The central government had no power to command obedience, or to punish disobedience. The situation posed not only foreign but domestic dangers. A faction might subvert a state constitution and "trample upon the liberties of the people, while the national government could legally do nothing more than behold [this] . . . with indignation and regret."
Identify a common constitutional principle used to make a ruling in both McCulloch v. Maryland (1819) and Arizona v. United States (2012).
Federal supremacy was a common constitutional theory invoked in both McCulloch v. Maryland (1819) and Arizona v. United States (2012). This principle says that federal law takes precedence over state law in areas where the Constitution allows the federal government authority. It resulted in the rejection of a state legislation taxing a federal institution in McCulloch v. Maryland, and it resulted in the preemption of certain sections of an Arizona immigration law in Arizona v. United States, underlining that immigration regulation is largely a federal function. These cases emphasized the supremacy of federal law over state law in pertinent constitutional realms.
Describe two advantages of federalism for the creation of public policy in the United States.
Federalism in the United States provides two critical benefits for policymaking. For starters, through its 50 states and different municipal governments, it allows policy diversity and experimentation, allowing for the exploration of a diverse range of options customized to unique requirements and preferences. This adaptability promotes innovation and the development of effective ways for dealing with difficult challenges. Second, federalism improves responsiveness to local problems because local and state governments are better aware of their citizens' immediate needs and wishes. Because of this proximity, legislators are better able to comprehend and handle community-specific issues, resulting in more effective, tailored policies. Furthermore, federalism encourages public engagement and participation, improving the democratic process by allowing individuals a more direct role in crafting policies that reflect the interests and values of their community.
Compare the positions of Federalists and Anti-Federalists regarding the power of the national government.
Federalists argued for a strong national government, emphasizing the importance of central authority in maintaining order, protecting national interests, and providing for common defense. They advocated for substantial federal powers, a strong executive branch, and quick ratification of the Constitution. Anti-Federalists, on the other hand, were wary of a strong central government, thinking it would impinge on individual liberty and state autonomy. They stressed state rights, called for a Bill of Rights to defend individual liberties, and advocated for a more cautious ratification process, finally attempting to limit the scope of the national government's jurisdiction.
U.S. v. Lopez (1995)
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. This was influential as the Supreme Court sided against the federal government's power.
Due Process Clause in the 14th Amendment + how it relates to federalism
In its later sections, the 14th Amendment authorized the federal government to punish states that violated or abridged their citizens' right to vote by proportionally reducing the states' representation in Congress, and mandated that anyone who "engaged in insurrection" against the United States could not hold civil liberties.
Explain an action that Congress could take to respond to the Arizona v. United States decision if it disagreed with the decision.
In response to the Arizona v. United States judgment, Congress could pass federal legislation clarifying and changing immigration policy, as well as establishing the roles of states in implementing immigration laws. This congressional measure might create a more consistent approach to immigration enforcement across the country, perhaps preempting state-level policies that contradict with federal law and resolving the Court's concerns.
Virginia Plan
Introduced to the Constitutional Convention in 1787, James Madison's Virginia Plan outlined a strong national government with three branches: legislative, executive, and judicial.
Privileges and Immunities Clause
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
participatory, pluralist, & elitist style democracy
Pluralist democracy is a model of democracy in which no one group dominates politics and organized groups compete with each other to influence policy. Elite democracy is a model of democracy in which a small number of people, usually wealthy and well-educated, influence political decision-making. Participatory democracy is that in which the citizens participate in government/law-making.
Education and Federalism
Public education is a shared responsibility in American federalism. The system of educational governance facilitates a division of power and control among the three planes of government, namely, federal, state, and local.
Equal Protection Clause + how it relates to federalism
The 14th amendment clause prohibits states from denying equal protection under the law and has been used to combat discrimination. The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
Virginia Plan, New Jersey Plan, & the Great Compromise
The Articles of Confederation would be replaced, as proposed by the Virginia Plan, but elements of the New Jersey Plan would be implemented to protect the representation of the smaller states. This plan came to be known as the Great Compromise or the Connecticut Plan.
Commerce Clause
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, among states, and with the Indian tribes."
New Jersey Plan
The New Jersey Plan was designed to protect the security and power of the small states by limiting each state to one vote in Congress, as under the Articles of Confederation.
Describe EACH of the following constitutional provisions. Supremacy Clause 10th Amendment
The Supremacy Clause of the United States Constitution, located in Article VI, Section 2, states that the Constitution, federal laws, and treaties are the supreme law of the land. It means that when federal law conflicts with state law, federal law takes precedence. This section indicates the framers' intention to ensure the uniformity and authority of federal law across the country, resolving any potential conflicts between state and federal administrations. According to the Tenth Amendment to the United States Constitution, "the powers not delegated to the United States by the Constitution, nor prohibited to the states by it, are reserved to the respective states or to the people." This amendment supports the federalist principle by underlining that any powers not expressly provided to the federal government in the Constitution stay with the states or the people. It acts as a constitutional check to prevent the federal government from exceeding its authority and invading areas normally reserved for state regulation or individual rights.
Explain how ONE of the following court rulings changed the balance of power between the national government and state governments. U.S. v. Lopez (1995) Obergefell v. Hodges (2015)
The Supreme Court decision in United States v. Lopez (1995) shifted the power balance between the national and state governments by restricting the scope of federal jurisdiction. It clarified that the Gun-Free School Zones Act exceeded Congress' Commerce Clause powers, emphasizing the need for a restrained interpretation of federal powers and reinforcing state governments' authority in certain areas such as school firearm regulations, indicating a shift toward a more balanced distribution of authority.
the system of checks and balances in the U.S.
The ability of each branch to respond to the actions of the other branches is the system of checks and balances. Each branch of government can change acts of the other branches: The president can veto legislation created by Congress. He or she also nominates heads of federal agencies and high court appointees.
reserved powers vs. enumerated/expressed powers
The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess.
Explain how the facts of McCulloch v. Maryland and the facts of Arizona v. United States led to a similar holding in both cases.
The identical decisions in McCulloch v. Maryland and Arizona v. United States were founded on the premise of federal supremacy. Maryland's effort to tax the Second Bank of the United States was deemed unlawful in McCulloch because it encroached on federal jurisdiction, so reinforcing federal supremacy. Similarly, in Arizona v. United States, several parts of Arizona's immigration law were found to be preempted by federal immigration law because they intruded into a constitutionally designated territory to the federal government, reinforcing the principle of federal supremacy. Despite the fact that the facts in each case were distinct (a levy on a federal bank in McCulloch and state-level immigration controls in Arizona), both instances emphasized that states cannot pass laws that undercut or clash with federal power and law, thereby sustaining federal supremacy.
Describe two features of the original Constitution that have led to a growth in the power of the national government.
The required and Proper Clause empowers Congress to enact laws required to carry out its functions, even if they are not clearly stated in the Constitution, but the Supremacy Clause declares federal laws to be supreme. They have enlarged the national government's power by allowing federal activities outside stated authorities and by replacing conflicting state laws, leading in increased federal authority in a variety of policy areas.
Implied Powers Doctrine
powers inferred by the express powers that allow congress to carry out its functions (powers not expressly stated in the constitution but are reasonably suggested, implied by the expressed powers)
McCulloch v. Maryland (1819)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Devolution
the transfer of powers and responsibilities from the federal government to the states