AZIs Notes

Question 1

Natural Rights

Answer 1

undamental rights that are granted at birth and are seen as necessary for all humans. In the Declaration of Independence, the natural rights that are stated are “Life, Liberty, and property”. They are also further protected by constitutional amendments (including the Bill of Rights)

Question 2

Inalienable Rights

Answer 2

Fundamental or natural rights are guaranteed to people naturally instead of by the law. They include life, liberty, and pursuit of happiness.

Influenced by John Locke and make up the second part of the DOI

Question 3

Limited Government

Answer 3

A government that is subject to strict limits on its lawful uses of power, and hence on its ability to deprive people of their liberty.

Question 4

Popular Sovereignty

Answer 4

A government is created and sustained by the consent of the people. The people can elect representatives and also take them out of office.

In the U.S., people vote for representatives who make decisions on their behalf in Congress, while citizens themselves vote directly on laws through initiatives or referendums at the state level.

Question 5

Republicanism

Answer 5

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on the consent of the governed. The head of the government is not chosen based on heredity but rather an election.

Question 6

Social Contract

Answer 6

The idea that there is an agreement between the government and the people. This agreement is important because the people must give up some rights in order for protection for all. An example of this is the debate on privacy vs. safety

Question 7

Participatory Democracy

Answer 7

a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions.

this is not a direct democracy, in which citizens are directly responsible for making policy decisions. In a participatory democracy, citizens can influence policy decisions but do not make them. Politicians are still responsible for implementing those policy decisions.

Question 8

Pluralist Democracy

Answer 8

a model of democracy in which no one group dominates politics and organized groups compete with each other to influence policy.

The most notable example of pluralist democracy in the American political system is the role that interest groups play in political decisions today. Interest groups are groups of people who attempt to influence policymakers to support their position on a particular common interest or concern.

Question 9

Elitist Democracy

Answer 9

a model of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision-making.

the elite democratic model argues that participation in politics should be limited to a small group of highly-informed individuals who can make the best decisions for all citizens.

electoral college

Question 10

Faction

Answer 10

Parties or interest groups that James Madison saw as arising from the unequal distribution of property or wealth and attacked as having the potential to cause instability in government.

Question 11

Exclusive Power

Answer 11

Powers that only the federal government can exercise.

Question 12

Concurrent Power

Answer 12

Powers that are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.

Question 13

Grant

Answer 13

money that is given to the states from the federal government for some purpose

Question 14

Incentives

Answer 14

A valued benefit obtained by doing something for a grant

Question 15

Aid Programs

Answer 15

Any federal program, project, service, or activity provided by the federal government that directly assists domestic governments, organizations, or individuals in the areas of education, health, public safety, public welfare, and public works, among others

Question 16

Federal Revenue Sharing

Answer 16

Distribution of a portion of federal tax revenues to state and local governments.

Question 17

Mandates

Answer 17

Negative aspects of grants that direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Question 18

Categorical Grants

Answer 18

Federal grants that can be used for specific purposes; grants with strings attached

• Project grants: based on the merit of the project. You build this science program, we give you this.
• Formula grants: amount varies based on formula. Ex: For every special ed or a gifted child you have, you get this amount of money based on this formula.

Question 19

Block Grants

Answer 19

Federal grants given more or less automatically to support broad programs

We want more science education, so here is 100 million dollars.

Question 20

Tyranny of the Majority

Answer 20

The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.

Question 21

Explain how John Locke influenced the American Constitutional Theory

Answer 21

First one to establish a “social contract” between the government and governed → declaration of independence

-natural rights and consent to the government

Question 22

Explain how Montesquieu influenced the founding fathers.

Answer 22

His philosophy stressed the separation of powers, which ensured checks and balances within the government (which we have today).

Question 23

Identify the key reasons the U.S. Colonies wanted to break away from Great Britain.

Answer 23

• mainly a lack of representation
• felt they weren’t being represented properly
• British parliament is “corrupt?”
• didn’t want to be governed by a government they didn’t consent to
• high taxes

Question 24

Differentiate between the theories of Democracy.

Answer 24

• Participatory - directly involves the people & represents them well; logistically difficult
• Pluralist - many different parties/ competing interests to prevent domination by one party; slow decisions
• Elite - limited participation; decisions are made by educated people; undermines democracy

Question 25

Describe the weaknesses of the Articles of Confederation.

Answer 25

• Gave more power to the state than the federal government
• Did not give the federal government the powers to draft troops, control interstate trade, no Supreme Court, no national currency, and no control over import or export taxes.

Question 26

Identify and explain the event that became the breaking point for the Articles of Confederation.

Answer 26

What Torok said: no federal judicial branch, couldn’t tax, no executive branch, each state gets one vote

Question 27

Recognize the Federalist and the Anti-Federalist positions in the debate for the Constitution.

Answer 27

• Federalist- constitution creates a strong government for the people, the separation of the three branches would prevent the government from becoming too powerful and would protect the rights of the people, and there wouldn’t be Tyranny of the Majority because the country would grow and there would be too many ideas (Federalist 10/51)
• Anti-federalists- opposed ratification of the Constitution because they believed it would threaten the individual liberties of the people, and the national government would become too powerful (Brutus 1)

Question 28

Identify the political principle in the Constitution that prevents excessive power from being accumulated in the national government and how the Constitution differs from the Declaration of Independence.

Answer 28

Checks and Balances (advocated for in Federalist 51) is the separation of powers that results from divided branches of government. The Constitution divides power among the three branches of government — executive, legislative, and judicial — to prevent anyone from having too much power. Each branch is said to have the ability to check the power of the others, thereby maintaining a balance in the government.

1. The president (Executive) is commander in chief of the military, but Congress (Legislative) approves military funds.
2. The president (Executive) nominates federal officials, but the Senate (Legislative) confirms those nominations.
3. Once Congress (Legislative) passes a bill, the president (Executive) has the power to veto it but Congress can also override the veto with a supermajority vote.
4. The Supreme Court (Judicial) and other federal courts can declare laws (Legislative) or presidential actions (Executive) unconstitutional.
5. The House (Legislative) can impeach the President (Executive) or judges (Judicial). If the Senate (Legislative) finds the person guilty, they are removed from office.

Question 29

dual federalism

Answer 29

Dual Federalism

System of government where both the states and the national government reign supreme within their own spheres, each responsible for some policies.

Like a layer cake (not connected to one another)

Narrowly interpreted powers of the federal government

Ended in the 1930s

Question 30

cooperative federalism.

Answer 30

System of government in which powers and policy assignments are shared between states and the national government.

Like a marble cake

Shared costs and administration

States follow federal guidelines

Question 31

Fiscal federalism

Answer 31

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

Based in the grant system

Question 32

Explain the Commerce Clause and how the Federal Government has used it.

Answer 32

Gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
Used in Lopez v. Maryland for the gun law which was eventually deemed unconstitutional

Question 33

Explain the Necessary and Proper Clause and how the Federal Government has used it.

Answer 33

Catch all– anything not included in the constitution is still within the scope of the federal government’s power as long at is connected to the enumerated powers

Used in McCulloch v. Maryland to say a national bank would be necessary and proper for the government to have

Question 34

Explain the Supremacy Clause and how the Federal Government has used it.

Answer 34

says the U.S. The Constitution, Laws of Congress, and Treaties are supreme. Essentially, if there is a conflict between a lower law with a higher level law, the higher level wins. However, the national government cannot usurp state power.

Used in McCulloch v. Maryland for a national bank

Question 35

Explain how the text of the Constitution demonstrates the ideal of limited government.

Answer 35

Limited government is the belief that the government should have certain restrictions in order to protect the individual rights and civil liberties of citizens.

The Ninth Amendment asserts that the rights of the people do not explicitly have to be written in the Constitution for those rights to apply.

The Tenth Amendment reinforces limited government through the instruction that powers not given to the Federal Government are reserved ‘to the states… or to the people.

the necessary and proper clause can allow Congress to legislate in areas that are not specifically mentioned in the Constitution (it’s limited but not completely powerless)

Question 36

Describe the amendment process outlined in the Constitution.

Answer 36

Proposal by ⅔ vote of both houses of Congress OR proposal by ⅔ vote of the national convention called by Congress on request of ⅔ of state legislatures → passage by ¾ of state legislatures OR passage by ¾ of special state conventions

Question 37

Where must tax legislation begin?

Answer 37

The House of Representatives

Question 38

Outline the exclusive and concurrent powers of the national and state governments.

Answer 38

Exclusive to State: establish local governments, regulate business with a state, conduct elections, ratify amendments to the constitution, take measures for public health, safety, and morals, exert powers the constitution does not delegate to the national government or prohibit the states from using

Exclusive to the federal government: coin money, conduct foreign relations, regulate business with foreign nations states, provide army & navy, declare war, establish courts inferior to the supreme court, establish post offices, make laws necessary and proper for carrying out foregoing powers

Concurrent powers: tax, borrow money, establish courts, make and enforce laws, charter banks and corporations, spend money for the general welfare, take private property for public purposes with just compensation

Question 39

Identify and explain the 3 major legislative plans at the Constitutional Convention.

Answer 39

Connecticut Plan: (one that we have)- compromise between New Jersey and Virginia

2 - Chamber Congress (bicameral legislature):

House of Representatives w/ representation based on the population of State (appeases the larger states complaining they should get more representation because we are larger)

Senate with equal representation of each state (appeases smaller states who said we are a state too)

New Jersey plan
- Proposed a unicameral (one-house) legislature with equal votes of states and an executive elected by a national legislature. This plan maintained the form of government under the Articles of Confederation while adding powers to raise revenue and regulate commerce and foreign affairs.

Virginia plan
- Outlined a strong national government with three branches: legislative, executive, and judicial. The plan called for a legislature divided into two bodies (the Senate and the House of Representatives) with proportional representation.
- Electing the president:
Electoral college

Question 40

Explain Madison’s arguments in Federalist 10.

Answer 40

A larger republic is better for the overall country because more factions can be created, which prevents the tyranny of the majority from taking over

You can’t take away peoples’ liberties and their ability to think for themselves

Question 41

Explain Yate’s argument in Brutus 1.

Answer 41

the country should be split into many small governments for each state instead of one republic because that way it is easier to maintain democracy and cater to the needs of the public

Question 42

Differentiate between Grants, Incentives, and Aid Programs including Mandates, Categorical Grants, and Block Grants

Answer 42

Grants are any money that is given to the states from the federal government for some purpose.

Block grants: federal grants given more or less automatically to support broad programs

Categorical grants: federal grants that can be used for specific purposes; grants with strings attached

Mandates: Negative aspects of grants that direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Incentives: A valued benefit obtained by doing something for a grant

Aid programs: any federal program, project, service, or activity provided by the federal government that directly assists domestic governments, organizations, or individuals in the areas of education, health, public safety, public welfare, and public works, among others

Question 43

Explain and Identify Enumerated Powers and Implied Powers.

Answer 43

Enumerated Powers- powers given to the federal government in the Constitution (Art. I Sec. VIII)
Implied Powers- powers that while not explicitly written, are heavily implied
Necessary & Proper Clause (Article 1 Section 8 Clause 18)
Catch all- anything not included in the constitution is still within the scope of the federal government’s power as long at is connected to the enumerated powers
The Federal Bank for example falls under this clause
Commerce Clause (Article 1 Section 8 Clause 3)
Gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
Congress uses it to justify exercising legislative power over activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the states. The Commerce Clause has historically been viewed as both a grant of congressional uthority and as a restriction on the regulatory authority of the States. (see Lopez v. Maryland)
Taxing & Spending Clause (Article 1 Section 8 Clause 1)
Gives Congress the power to “lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.”

Question 44

Identify the holding of McCulloch v. Maryland and explain its importance.

Answer 44

Case about the federal bank in Maryland where McCullough refuses to pay taxes to Maryland who tried, on the state level, to put taxes on the bank. This lawsuit comes out of it.
The question was does Congress have the right to make a bank? The answer is yes according to the Necessary and Proper Clause if Congress has an enumerated right, they can do things that are necessary and proper to further their right. A bank would be necessary and proper for the government to have because they have the right to tax, coin money, interstate commerce, (they need to invest it, move it around (need a place to store it and all these would be made better and easier through this))
Remember, need an enumerated right before you get to a Necessary and Proper Clause
If Congress does have that right, then can Maryland tax that bank? The answer is no according to the Supremacy Clause which says there are levels to government and the federal government is on a level above state government. Lower levels can’t levy taxes against the higher levels.

Question 45

Identify the holding of Lopez v. United States and explain its importance.

Answer 45

Lopez was a senior at a Texas school who brought a gun to school and got caught. Federal government tried to charge him under the federal 1990 Gun Free School Zone act (basically said you can’t bring guns in school zones).
Question was if the act was an excess of Congress’s Commerce Clause authority and was unconstitutional. In the end, SCOTUS rules in favor of Lopez and says it’s unconstitutional and adds a clause to the Commerce Clause.
Up until this point, we can claim that virtually anything is interstate commerce. Now, there is no longer free reign for the federal government to always use interstate commerce. This case does not substantially affect interstate commerce. Added that as a third clause:
The channels of interstate commerce: area that is moving and people move through to get from state to state (roads, rivers, airspace)
Instrumentalities of interstate commerce: cars, planes, boats, etc.
Any activity that substantially affects interstate commerce