unit 1- constitutional underpinnings
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Unit 1- Constitutional Underpinnings. AP American government. 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 - PowerPoint PPT PresentationTRANSCRIPT
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