AP US Government & Politics Review Part I

I. Constitutional Underpinnings (5-15%) A. Considerations that influenced the formulation and adoption of the Constitution B. Separation of Powers C. Federalism D. Theories of democratic government

A. Considerations that influenced the formulation and adoption of the Constitution 1. Belief in higher law of natural rights: Life, Liberty, Property (Jefferson: pursuit of happiness) 2. Belief that because British politicians were corrupt, the English constitution was inadequate 3. Specific complaints against George III for violating unalienable rights (Dec. of Independence: government’s function is to protect these rights; if it fails to do so, man has the right to rise up and change it) 4. The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure. A. Government by consent, not by prerogative B. Direct grant of power: written constitution C. Human liberty before government D. Legislature superior to executive branch

Considerations, continued 5. Weaknesses of the Confederation A. Could not levy taxes or regulate commerce B. Sovereignty, independence retained by states C. One vote in Congress for each state D. Nine of thirteen votes in Congress required for any measure E. Delegates picked, paid for by legislatures F. Little money coined by Congress G. Army small; dependent on state militias H. Territorial disputes between states I. No national judicial system J. All thirteen states' consent necessary for any amendments

Considerations, continued 6. The Constitutional Convention A. The lessons of experience 1. State constitutions a. Pennsylvania: too strong, too democratic b. Massachusetts: too weak, less democratic 2. Shays's Rebellion led to the fear the states were about to collapse B. The Framers 1. Who came: men of practical affairs 2. Intent to write an entirely new constitution 3. Lockean influence: natural rights, equality 4. Doubts that pop.consent could guarantee liberty 5. Results: “a delicate problem:” need strong government for order but one that would not threaten liberty

Considerations, continued 7. Great Compromise A. The Virginia Plan 1. Two key features of the plan a. National legislature with supreme powers b. One house elected directly by the people B. The New Jersey Plan 1. Proposed one vote per state 2. Protected small states' interests C. The compromise 1. House of Representatives based on population 2. Senate of two members per state 3. Reconciled interests of big and small states

Considerations, continued 8. Constitutional Amendment Process A. Proposed amendments must be introduced in both houses of Congress and approved by 2/3 majority in each; ¾ of state legislatures must ratify OR 2/3 of state legislatures can petition for a constitutional convention, which has never happened.

Considerations, continued 9. The Bill of Rights A. The Federalists guaranteed that a Bill of Rights to protect individual rights would be added to the Constitution immediately after ratification. B. This was necessary to fight opposition to the Constitution from the Anti-Federalists, who were worried the government would be too powerful.

B. Separation of Powers 1. Montesquieu: Human nature leads people in power to want to acquire more power, and to protect the power they have; therefore, if you give different people different powers, they will try to protect their power from the encroachment of others, and thus will keep any part of the government from becoming too powerful 2. Hence: Legislative, Executive, Judicial powers are separated

Separation of Powers, continued 3. In addition, checks and balances are put in place to enable each branch to have some formal power to “check” the power of the other branches. You could have Separation of Powers without Checks and Balances; you could NOT have Checks and Balances without Separation of Powers.

Separation of Powers, continued 4. Does Separation of Powers always work the way it was intended? A. Example: the power to wage war B. Constitution says Congress declares war, President is Commander-in-Chief of armed forces C. President now has power to decide when to wage war D. Congress tried to take that power back in the War Powers Resolution of 1973, which requires the President to consult with Congress and bring troops home within 60 days if they don’t agree E. War Powers Resolution has never been tested in court, and every president since 1973 has believed it is unconstitutional

C. Federalism 1. Definition: political system with local governmental units, in addition to national one, that can make final decisions 2. Founders believed that neither national nor state government would have authority over the other because power derives from the people, who shift their support 3. New plan had no historical precedent 4. Tenth Amendment was added as an afterthought, to define the power of states

Lines of Power in Three Systems of Government

Federalism, continued 5. Elastic language in Article I: necessary and proper A. Precise definitions of powers politically impossible because of competing interests, such as commerce B. Hence vague language-"necessary and proper" C. Hamilton's view: national supremacy because Constitution supreme law D. Jefferson's view: states' rights with people ultimate sovereign; national gov’t can only do what is spelled out in Constitution.

Federalism, continued 6. The debate on the meaning of federalism A. The Supreme Court speaks 1. Hamiltonian position espoused by Marshall 2. McCulloch v. Maryland settled two questions a. Could Congress charter a national bank? (yes, because “necessary and proper”) b. Could states tax such a bank? (no, because national powers supreme) B. Dual federalism 1. Both national and state governments supreme in their own spheres 2. Hence interstate versus intrastate commerce

Federalism, continued 7. Powers of the Federal and State government A. Enumerated (or Delegated) powers of the national (federal) government include: 1. Printing money 2. Regulating interstate and international trade 3. Making treaties and conducting foreign policy 4. Declaring war 5. Raising an army

Federalism, continued B. Reserved powers (states) 1. Power to issue licenses 2. Regulation of intrastate commerce C. Shared powers (both state and federal) 1. Collect taxes 2. Build roads 3. Operate courts of law 4. Borrow money

Federalism, continued 8. Supremacy Clause and Elastic Clause A. McCulloch v. Maryland (1813) established that the states may not tax the federal government because of the Supremacy Clause, and that the national government may establish a national bank, even though that power is not mentioned in the Constitution, because of the Elastic Clause (or the Necessary and Proper Clause).

Federalism, continued 9. Federal aid to states A. Grants-in-aid: money given by federal government to states; began before Constitution was adopted (land-grant colleges) B. Until 1960s mostly intended to meet state needs C. Then intent changed to national government giving money to states to meet national goals (helping urban poor, fighting crime, reducing pollution, etc.)

Federalism, continued 10. Definitions A. Revenue Sharing: federal money given to states for almost any purpose B. Categorical grants-in-aid: federal money given to states for a specific purpose C. Conditions of aid: federal government requires states to do certain things to continue receiving aid (raise drinking age) D. Mandates: Requirements placed on states by federal government; sometimes money is included, but often they are “unfunded mandates”—requirements that must be met, but no money is included

D. Theories of Democratic Government 1. Founders did not intend to create pure democracy A. Physical impossibility in a vast country B. Mistrust of popular passions C. Intent instead to create a republic with a system of representation 2. Popular rule only one element of the new government A. State legislators to elect senators B. Electors to choose president C. Two kinds of majorities: voters and states D. Judicial review another limitation E. Amendment process

Theories, continued 3. Government and human nature A. Aristotelian view: government should improve human nature by cultivating virtue B. Madisonian view: cultivation of virtue would require a government too strong, too dangerous; self-interest should be freely pursued C. Federalism enables one level of government to act as a check on the other D. Separation of Powers also limits government

Theories, continued 4. The Constitution does not contain the word democracy but the phrase "republican form of government" A. Representative democracy requires leadership competition if the system is to work 1. Individuals and parties must be able to run for office 2. Communication must be free 3. Voters perceive that a meaningful choice exists B. Framers: "will of people" not synonymous with the "common interest" or the "public good" 1. They strongly favored representative over direct democracy 2. They feared the “tyranny of the majority”