U.1 : AP Gov Exam - Studying Flashcards
Enlightenment
Challenged TRADITIONAL politics, justified opposition to the British
Declaration of Independence
13 colonies made their intentions clear to the world - hey! we’re leaving the king/the British!
Explains a theory of government based on the enlightenment principle of Natural Law to justify Independence
discusses a list of complaints against the king and “others”
US Constitution
seven articles, explains how the government is organized and how the constitution can be changed
Article I (US Constitution)
Describes the outline of the legislative branch, essentially
describes SEPARATION OF POWERS (CHECKS AND BALANCES)
specifies powers of the HOUSE, the SENATE, and the STATE
specifies powers DENIED to Congress
describes ELECTIONS of the house and Senate
allows chambers to determine their own rules and proceedings
Article II (US Constitution)
Defines the President’s term as FOUR YEARS
Outlines the elector’s will to select the president and vice president
identifies age and residency requirements to be president
identifies the POWERS of the president, including commander in chief, negotiating treaties, and heading the executive branch
Article III (US Constitution)
Establishes the SUPREME COURT
Allows Congress to create LOWER federal courts
Gives federal judges life-long terms (they can be impeached)
Outlines jurisdiction of the Federal Courts with regard to the Constitution and Federal Law
Identifies a limited number of cases of original jurisdiction for the Supreme Court
Article IV (four) (US CONSTITUTION)
says that states have the following OBLIGATIONS to one another:
Full Faith and Credit Clause: states respect the laws and judgments of other states
Privileges and Immunities Clause: all citizens have the same basic rights, no matter what state they LIVE IN or TRAVEL TO
Extradition of criminals to the state where the crime happened
Article V (five): (US CONSTITUTION)
Changes to the constitution, essentially
Amendments to the Constitution may be proposed by:
A two-thirds vote in both houses of Congress, or
Two thirds of the states calling a Convention
Amendments to the Constitution may be ratified by
A three-fourths vote of state legislatures, or
A three-fourths vote of state conventions
Full Faith and Credit Clause (Article IV/Four)
states respect the laws and judgments of other states
Privileges and Immunities Clause (Article IV/Four)
all citizens have the same basic rights, no matter what state the LIVE IN or TRAVEL TO
Amendments to the Constitution may be proposed by: (Article V)
A two-thirds vote in both houses of Congress, or
Two thirds of the states calling a Convention
Amendments to the Constitution may be ratified by: (Article V)
A three-fourths vote of state legislatures, or
A three-fourths vote of state conventions
Article VI (six): (US Constitution)
Federal laws and the Constitution are the supreme laws of the land (SUPREMACY CLAUSE)
debt from the confederation is absorbed by the Federal government
Lawmakers of the Confederation were required to take an oath of Affirmation to support the Constitution
Article VII (seven) (US Constitution)
Approval by Nine of the Thirteen States was required to RATIFY the CONSTITUTION
Early Principles
natural rights, popular sovereignty, republicanism, separation of powers, social contract (LOCKE/ROSSEAU)
Participatory Democracy
citizens don’t participate through elective representatives, but rather participate INDIVIDUALLY and DIRECTLY
Pluralist Democracy
Multiple GROUPS, representing diverse interests and viewpoints
EX: interest groups
essentially - groups influence policy
Pluralist Theory
people with shared interests will form groups in order to make their desires known to politicians
Elitist Theory / Democracy
single group -
single elite group decides everything
Federalists
strong Federal power
overarching national government, but states get smaller powers
Anti-Federalists
wanted all power to the STATES, weak federal govt. and weak military power for the executive
wanted the bill of rights
wanted strong INDIVIDUAL POWER - didn’t want a strong federal to overreach that
Brutus No.1
THE anti-federalist essay
said that federalism would lead to an overly powerful federal govt - not enough freedom for individuals . basically stated all of the beliefs of anti-federalism
Federalist 10
claimed that the proposed republican government was not likely to be dominated by any FACTION
all about FACTIONS
defended the form of republican government proposed by the constitution
Faction (Federalist 10)
a group united in an interest that negatively affects the interest of the community
Representative Democracy (Federalist 10)
a type of democracy where representatives are elected by the government
in Fed. 10 Madision argued that a representative democracy was more effective against factionalism and partisanship
Articles of Confederation
An awful first Constitution (Shay’s rebellion proved it)
overpowered states, federal government weak, bad at taxes, single branch (legislative) govt
the Great Compromise
( bicameral Congress: SENATE + HOUSE ) - combo of VA (large states) and NJ (small states) compromises
Other Ratifications and Compromises
Electoral College
3/5 compromise (African American was 3/5 of a person)
amendment process
Federalist 51
CHECKS AND BALANCES
SEPARATION OF POWERS
the three branches of the government are kept SEPARATE
CONNECTS to the I, II, and III articles of the Constitution
Expressed powers
WRITTEN in the constitution
Implied powers
indicated by the expressed / not written / needed to carry out the expressed powers
Federalism - Dual/Layer Cake // Cooperative/Marble Cake analogies
Dual/Layer Cake: act in OWN SPHERES; SEPARATE from one another
Cooperative/Marble Cake: work TOGETHER to do stuff, blurred line
(this refers to the relationship between the state and federal gov’t)
Fiscal Spending
spending, taxing, providing grants - done by the Federal government
Categorical Grant (Fiscal Spending)
Fed funds State for SPECIFIC PURPOSE
Block Grant (Fiscal Spending)
general Grant - flexibility for designing / implementing programs for how the money is used
Mandates (Fiscal Spending?)
State MUST follow it
Supremacy Clause
federal > state
McCulloch v Maryland
McCulloch v Maryland
implied powers and Supremacy Clause
Can implied powers allow Congress to create a bank in order for Congress to carry out their Enumerated Powers? The answer is yes.
Future cases - Implied Powers help carry out Enumerated Powers and therefore must be respected/taken account of
State (Maryland) cannot overrule / go against Implied Powers / the Federal Govt’s Enumerated Powers !!
^ ^ This is supremacy clause
Context: 1816 - congress created the First Bank of the United States, and then established a $15k/yr tax on the Baltimore branch of this bank, which McCulloch, the cashier at the bank, refused to pay (the tax was meant to drive them out of business). They went to ourt over this
Commerce Clause:
def. of “interstate commerce” widened; expands Fed. power BUT has been restricted in some places
gives congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce.
so - they can regulate interstate commerce. but how much? what exceeds it/what doesn’t fit under it?
US v Lopez
United States v Lopez
turning point in the Supreme Court’s interpretation of federalism
Reaffirms the rights of the states under the 10th Amendment and restricts Congress’s power to pass legislation under the commerce claws to those laws that have a “substantial effect” on interstate commerce.
Lopez’s side claimed that the government’s Gun Free School Zones Act exceeded Congress’s power to legislate uner the Commerce Clause.
Ruled in favor of Lopez - decided that Congress exceeded its authority under the Commerce Clause in passing the Gun Free School Zones Act of 1990.
COMMERCE CLAUSE: gives congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce.
Devolution
more power to the states
