AP AMERICAN GOVERNMENT

Unit 1- Constitutional Underpinnings

What is American Government and Politics?

Government- procedures and institutions by which people govern and rule themselves

Politics- process by which people decide who shall govern and what policies should be adopted

Politicians- those people who fulfill the tasks of politics. Those who “run” the government

What are unique American ideals?

IndividualismPopular SovereigntyEqualityEconomic liberty

States v. Nations

State= an independent political community that occupies territory and has an organized govt. with the power to make laws. Close to 200 states worldwide

Nation= is any sizable group of people who are united by common bonds Race, Language, Custom, Tradition

Also means an independent state or country.

4 Essential Things a state must have

Population-You have to have people to have a state States whose people share common beliefs about the state

are the most successful. Territory- A state must have established boundaries

This can often be a source of conflict for nations. Ex- Israel/Palestine

Sovereignty- This means that the state has ultimate authority within its boundaries to make laws, foreign policy, etc. This means that every state SHOULD have equal power

worldwide Government- Govt. is the way that a state maintains peace

and stability and enforces laws on the citizens of the state

Maintaining Social OrderProviding Public ServicesProviding National SecurityMaking Economic Decisions

Democracy

Principles necessary for a democracy to exist. Universal suffrage (everyone vote) Political Equality (all votes counted equally) Majority Rule Government responds to public opinion

2 types: direct and representative Direct-citizens create/vote on laws

Problems? Representative- Citizens elect representatives who

create/vote on laws Problems?

America has a constitutional democracy?

How does democracy actually work?

Majoritarian Theory = leaders are forced to follow the wishes of the people because majority rules

Pluralist Theory = groups compete and compromise with each other to get the gov’t to do what they want

Elite Theory = groups of people who possess the most/more power (money or influence) dominate gov’t

Bureaucratic Theory = appointed officials dominate the gov’t through unelected jobs

Historical Influences

John Locke- Social Contract theory and natural rights theory People are born with certain rights- life, liberty, and

property Rulers and citizens enter into an agreement, or a social

contract to protect them from the state of nature where life is “nasty, brutish, and short.” (Hobbes)

People give up some of their rights to the government in exchange for protection of natural rights If the government doesn’t uphold their end of the bargain

then they have the right to get a new Government

Montesquieu Believed that there should be divisions in government

Lead to the development of 3 branch system

Another influence I want you to keep in mind..

Machiavelli His name is synonymous with tough and dirty politics

Author of The Prince “ The ends justify the means.” “It is better to be feared than loved.” “By no means can a prudent ruler keep his word.

Because all men are bad and do not keep promises to you, you likewise do not have to keep your promises to them.”

Time for History

Britain establishes colonies in America Unitary system of government- All powers come from

1 powerful government entity

British Government

13 American Colonies

History

After time, the colonies began to grow dissatisfied with the British rule of the colonies Reasons?

Revolution began to break out— Revolutionary war (1775-1783)

In 1776, the Declaration of Independence was drafted Written by Thomas Jefferson

3 parts Philosophical basis

• Influenced by Locke! Natural rights theory. Power from the consent of the governed

The grievances• The case against G.B.

The statement of Separation• Announcing to the world that the colonies are revolting from G.B.

DOI- Hollywood Style

DOI Instructions

1) List the main parts- where do they start and end?

2) Look at the list of grievances- which grievances are the most significant? Please mark those down (re-write)

3) Write a paragraph at the end that analyzes the document as a persuasive argument? What words make it more persuasive? Arguments? Do you feel that the document should be spoken aloud to get the full impact? ETC.

Articles of Confederation

1st government the U.S. had—VERY WEAK2 levels of government

Weak national government with a 1 house legislature and strong state governments

Other Problems: No national executive branch or national court system National govt could not tax states, draft soldiers No national currency!! No foreign policy

Shay’s Rebellion (farmers revolted b/c of mortgage foreclosures in Massachusetts) led the Founding Fathers to believe there was a need for a

stronger national government

Constitutional Convention of 1787

55 men from the former colonies (delegates) originally met to fix the AoC but it was so bad it was unfixable.

The convention became marked by compromises to draft the new government of the country

All delegates agreed on : Republican form of government with elected

represenatives from the people NO Arbitrary and unrestrained government Balanced government- in which no single issue would

dominate but the national government would be strong enough to prevent issues like Shay’s rebellion

Connecticut Compromise

1st initial plan Virginia Plan

Favored large states Strong central government Bicameral (two house) legislature – larger house elected

by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) (This would change in the 17th Amendment)

CT Compromise Cont.

2nd planNew Jersey Plan

Agreed with strong central government…BUT Congress would be unicameral (one house) with states

having equal votes Did not want large population states to dominate the

legislature

Connecticut Compromise (The Great Compromise)

A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population

An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Another Compromise you should know…

3/5 CompromiseAgreed to allow the South to count slaves as

3/5 of a person They did this so the population would be

more balanced the power of North and South

President?

Much debate was held over how to choose the president

Delegates decided to go with an electoral college system

Each state has people that are selected to formally cast their ballots for president Why? More to come on this later!

Ratification(formal passage) Debate

Federalist v. Anti-FederalistFederalist – in favor of adoption of US

Constitution creating a federal union and strong central government

Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

Federalist Papers

Annoyingly hard to readBest political theory ever written in USWritten by Alexander Hamilton, James

Madison, and John Jay using pseudonyms like Publius

Convince public for ratification

Federalist #10

Madison addresses biggest fear of gov’tFaction – a group in a legislature or political

party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)

Founding fathers were concerned that our government would be ripped apart

Madison defends our national Constitution

Separation of Powers check the growth of tyranny

Each branch of government keeps the other two from gaining too much power

A republic guards against irresponsible direct democracy or “common passions”

Factions will always exist, but must be managed to not severe from the system

Anti-Federalist Response

Central gov’t would threaten libertyAristocratic tyranny could happenDemanded a guarantee of individual rights

and liberty (They got this in the Bill of Rights)States power was too limited

The Madisonian Model

Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed

Separation of Powers – division of gov’t between branches: executive, legislative and judicial

Checks and Balances – a system where branches have some authority over others

Limited Government – gov’t is not all-powerful, and it does only what citizens allow

Federalism – division of power between central government and individual states

Checks and Balances

Purposefully difficult to make changesLeads to gridlockPlus: Checks and Balances between the

houses of CongressChecks and Balances between National

(Federal) government and State governments

Checks and Balances

Separation of Powers

Prevents an all-powerful ruling body1. Legislature – passes law (Congress)2. Executive – enforces law (President)3. Judiciary – interprets law (Supreme Court)

Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed

Separation of Powers – division of gov’t between branches: executive, legislative and judicial

Checks and Balances – a system where branches have some authority over others

Limited Government – gov’t is not all-powerful, and it does only what citizens allow

Federalism – division of power between central government and individual states

Amending the Constitution

Meant to be difficultRequire action from national and state govAmendment proposed by 2/3 vote in each

house of Congress and ratified (accepted) in at least ¾ of state legislatures

Amendment Process

Judicial Review

The Constitution never explicitly says which of the three branches gets the final so say over the meaning of it.

So, the power of the Supreme Court to interpret these laws developed because of the case of Marbury v. Madison

Federalism

the relationship between the federal government and the state governments

2 Ways to think about FISM

OLD SCHOOL – Dual Federalism (LAYER CAKE) Federal and state

governments remain dominant in their separate spheres of influence

Gibbons v. Ogden proved life is not that simple

NEW SCHOOL – Cooperative Federalism(MARBLE CAKE) State and Federal

governments work together to solve complex problems

Types of Powers

- Delegated Powers (enumerated powers) – powers given to Fed gov’t by Constitution- Example?

- Reserved Powers – state power alone- Example?

- Concurrent Powers – shared- Example

- Prohibited Powers – denied from both- Ex. Neither gov’t can tax exports

Elastic Clause

Aka – “Necessary and Proper Clause”Art. I, Sec. 8, Cl. 18 - "The Congress shall have

Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

McCulloch v. Maryland (1819)

BackgroundBank of the US operated in MarylandMaryland did not want BoUS to operate in

state, competition unwanted, unfairMaryland taxed the bank to put it out of

businessMcCulloch, BoUS employee, refused to pay

the state tax

McCulloch v. Maryland (1819)

Is a Bank of the US Constitutional?YES. The national gov’t has certain

implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

McCulloch v. Maryland

Can a state tax the federal gov’t?-NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it.

-John Marshall reaffirmed Supremacy Clause and Elastic Clause

-National (Federal) Gov gets STRONGER

Gibbons v. Ogden(1824)

1824 – aka “The Steamboat Case”Ogden received a state licensed monopoly to

run a ferry across the Hudson RiverGibbons also saw the potential of the traffic

between NJ and NY and obtained a federal license.

Ogden sued saying he had the valid state license, even though Gibbons had US license

Gibbons v. Ogden

Result – Gibbons winsExpanded national power in all areas of

commerce law because nation overruled state in interstate trade issues

Fed Gov’t gets STRONGERAll trade today is primarily controlled by

national lawCommerce Clause- Gibbons v. Ogden ruling

makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things

U.S. v. Lopez (1995)

1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property

Declared law unconstitutional – Possession of a gun near school is not an economic

activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity.

Limits the powers of the fed.govt

Fiscal Federalism

Fiscal means $Q – How do you get the states to do things

they normally wouldn’t do?A – MoneyQ – What is the answer to any question ever

asked?A – Money

Grants in aid

Money paid from one level of government to another to be spent for a specific purpose

Categorical Grants - target specific purposes and “strings attached.” (EX- States receive funds if state raised age to 21 and lowered BAC to .08)

Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (EX- Welfare reform)

Mandates

A requirement that a state undertake an activity or provide a service

Often times the states or local gov’ts have to pay the bill of the mandate set by Congress

Often unfunded- which means the Fed. Provides no $ to accomplish the mandate

EX- Clean Air Act, Drug-free Workplace Acts,

Fed power and devolution

The power of the fed govt has increased over time Scope of problems becoming national Increase of economic power Increase in national communications infrastructures The Great Depression

There is a movement to begin to give power back to the states—this is called devolution Idea is fueled by distrust of the federal gov and the

desire to save money by reducing the size of the “bloated federal government