AP GOVERNMENT REVIEW
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AP GOVERNMENT REVIEW CONSTITUTIONAL FOUNDATIONS What are the three theories of government? ELITIST Small segment of society where wealthy property owners dominate the government PLURALIST Groups work together to compromise MAJORITARIAN aka: Direct Democracy – majority vote rules How are initiative and referendum important components of direct democracy? BOTH Originated during the Progressive Era INITIATIVE Citizen-led proposals that get on the ballot with enough signatures on a petition REFERENDUM Laws that citizens get to vote on Examples: Prohibition of gay marriages; legalization of medicinal marijuana Declaration of Independence From what three great thinkers did our Founding Fathers get some of the ideas for the Declaration of Independence? Locke, Rousseau, Montesquieu Who’s principles included natural rights, life liberty, property, and the consent of the governed? Locke Who’s philosophy included “unalienable rights” leading to the idea of limited government? Montesquieu What was the main idea/reason for the Declaration of Independence? Break away from England Articles of Confederation Which government was stronger, state or national? State How many branches of government? List. One - Legislative Which two branches were missing? Executive and Judicial What important power, needed for the survival of the country, was missing in the national government? Power to tax How were votes cast in the Legislative Branch? What percentage of votes were needed to change the Articles? 100%/unanimous vote What two controversial things could States do that hurt the national economy? One per state Impose tariffs on each other Print their own money What was the most, maybe the only, significant thing accomplished by the federal government under the Articles? Passed the Northwest Ordinance of 1787 Shay’s Rebellion Who was Daniel Shay? Revolutionary War Vet In debt farmer Why were the farmers of Massachusetts angry? What hindered the national government from stopping this uprising? Foreclosure on farms No taxing = no money to pay the army Who finally put down the rebellion and how long did it take? State militia – one year Constitutional Convention Compromises What was the original intent of the Convention? Amend the Articles What two main compromises helped get the Constitution adopted? Great/Connecticut Compromise 3/5ths Compromise What changes were made in States powers that would increase the overall economy? States couldn’t put tariffs on each other or on exports States could no longer print their own money Federalist Papers Who were the three main authors of the Federalist Papers? Hamilton, Jay, Madison Under what pen name did they publish the papers? Publius What was the overall reason for their publication? Outline the reasons to ratify the Constitution What was the MAIN Anti-Federalist argument against the Constitution? No Bill of Rights Federalist Paper #10 Who wrote this one? What was the reason for this article? Madison Outlined the reasons to ratify the Constitution What was the central “theme” of this article? Tyranny of the majority Factions are inevitable A republic would counter the impact of factions How was a federal government important to this theme? The federal system would keep factions in states from taking control of the national government. Federalist Paper #47 Who wrote this one? What is the main argument? It protects branch of government from becoming too powerful This form of government protects the country from what? Separation of Powers and Checks and Balances should exist among the three branches of government Why does it support checks and balances? Madison Invasion What does he say citizens would face without checks and balances and separation of powers? Loss of liberty Federalist Paper #51 Who wrote this one? What is the main theme of this one? Defines the relationship among the three branches of government as independent What do the branches need to do to stay independent? Madison No branch should have the TOTAL power to choose the members of the other branches From what does a bicameral legislature protect the people? Legislative tyranny Preamble to the Constitution What does it want to form? What does it seek to establish? The general welfare What does it hope to secure? The common defense What does it seek to promote? Domestic tranquility For what does it want to provide? Justice What does it want to insure? A more perfect union The blessings of liberty For whom? Ourselves and our posterity Constitutional Principles What’s the difference between separation of powers and division of powers? Separation is three equal branches of government Division is dividing powers between the federal government and the state governments What are checks and balances? Powers that keep one branch from getting stronger than the other two How can Congress exercise it’s implied powers? Via the elastic clause What are the President’s implied powers called? What is the “court of last resort”? Citizens States How can the Constitution be changed? Supreme Court What two groups are guaranteed rights? Inherent powers Amendments What makes the Constitution the Supreme Law of the Land? Supremacy Clause Legislative Powers What part of the Constitution covers these powers? Article I What are the monetary powers of Congress? Collect taxes Pay debts Borrow money Coin money Make laws dealing with counterfeiting What commerce powers does Congress hold? Regulate interstate trade Regulate foreign trade What military powers does Congress have? Maintain an army and navy Create the national guard Declare war Punish piracy What other powers does Congress hold? Establish Post Offices and Post Roads Issue patents and copyrights Make laws dealing with immigration and naturalization Elastic Clause/Necessary and Proper Clause Elastic Clause Where is this found in the Constitution? Article I, section 8 Summarize it Congress has the power to establish laws that are necessary and proper for the good of the entire nation Example: Link interstate commerce to civil rights legislation Enumerated, Delegated, Implied, and Concurrent Powers What are the enumerated and delegated powers? Specifically listed in the Constitution for the Legislative Branch Explain the implied powers of each branch. Congress – Elastic Clause President – Inherent Powers Supreme Court – Judicial Review Concurrent Powers – shared by both state and federal governments Powers Denied to Congress Where are these powers found? Article I, Section 9 What powers are specifically denied to Congress? Suspending the Writ of Habeas Corpus Forbids Congress from passing a Bill of Attainder Forbids Congress from passing Ex Post Facto Laws Cannot pass import or export taxes on states Cannot give titles of nobility Executive Powers Where are these powers found in the Constitution? Article What does these powers “make” the president? The II Chief Executive What military powers does it give to the president? Commander in Chief What legislative powers does it give him? Sign bills into law Veto bills What powers does this article give him that he shares with the Senate? Signing treaties Appointing officials in his administration What judicial powers may he grant to offenders? Pardons Reprieves Amnesty Commutation Inherent Powers of the President What doe these powers do? From what other Presidential powers are these derived? Chief Executive Commander in Chief How are these powers usually used? Expand the powers of the President Through presidential signing statements attached to legislation Through what methods are these powers expanded? Executive orders Executive privilege Precedent Examples: Committing troops to foreign countries without a declaration of war Establishing electrical surveillance systems w/out Congressional approval Presidential signing statements on bills that prohibit torture but reserve the right to use interrogation techniques that he deems is legal – water boarding. Judicial Powers In what part of the Constitution are these powers found? Article III Who gets judicial powers? Supreme Court Inferior courts established by Congress What landmark case expanded the judicial powers? Marbury v. Madison, 1803 How did this case expand the powers? Established Judicial Review Marbury v. Madison, 1803 What action did Marbury request from the Supreme Court? Writ of Mandamus What would this have done? Mandated that Madison appoint Marbury as a justice Why did Marbury request the case be heard by the Supreme Court? The Judiciary Act of 1789 gave the Supreme Court original jurisdiction in this case How did Chief Justice John Marshall rule on this case and save face? Marbury should’ve been appointed Supreme Court didn’t have the power to make the decision because the Judiciary Act of 1789 was unconstitutional What power did this ruling establish? Judicial Review Checks and Balances President appoints federal judges, Supreme Court Justices, officials or signs treaties Senate confirms President is Commander – in – Chief Only Congress can declare war Congress passes legislation President signs it or vetoes it Congress can override his veto with a 2/3rd vote in both houses Supreme Court decides if legislation is constitutional Division of Powers Where are these powers found in the Constitution? Article IV 10th Amendment (aka – Reserved Power clause) • Declare War • Coin Money • Immigration • Sign Treaties • Appoint Ambassadors • Interpret Laws •Interstate Commerce Federal Powers • Tax • Create Courts • Create laws for the general welfare Concurrent Powers • Pass laws • Manage • health • education • Police • Marriage laws • Garbage laws • Voting Requirements State Powers Full Faith and Credit In what section of the Constitution is this clause found? Article IV What is it? Each state must recognize each other’s public acts and records Example: married in GA = still married if you move to FL Amending the Constitution Where is this found in the Constitution? Article V How many methods are there to amending the Constitution? Two What are they? Proposed by Congress Proposed by a National Convention called for by the States How many methods are there to ratification of new amendments? Two What are they? Ratified by 3/5th of the state legislatures Ratified by 3/5ths of special state conventions Supremacy Clause Which article covers this? What does this clause establish? The Constitution as the SUPREME LAW OF THE LAND Which of the Holy Trinity of Court cases upheld the Supremacy Clause? Article VI McCulloch v. Maryland, 1819 Which war was fought in large part over the Supremacy Clause? Civil War Why? Southern States wanted states’ rights for control over slavery Federalism Which Federalist Paper argued that the federal system would guarantee civil liberties and would counter factions? #10 What is an issue raised by federalism? States’ rights/sovereignty vs. Federal interference Examples: Civil Rights Environment Education Welfare Gun Control Federalism Timeline 1789 – 1865 1865 – 1932 New Federalism 1968 – Present Creative Federalism 1968-1992 Cooperative Federalism/Marble Cake Federalism 1964-1968 Dual Sovereignty 1932 – 1964 Dual Federalism/Layer Cake Federalism Fiscal Federalism 1994 – Present Devolution Dual/Layer Cake Federalism Describe the federal government powers under this type of federalism. The Describe the state government powers under this type of federalism. The Delegated Powers found in the Constitution Reserved Powers “give” the states rights In this model, what characterizes the relationship between the federal and state governments? Differences Dual Sovereignty What characterizes this relationship in federalism? What time period in our Nation’s history brought on this type of federalism? 13th, 14th, & 15th How did the Southern States respond to this? Reconstruction Which amendments were passed to try to define this concept of Dual Sovereignty? Each government exercises authority over their citizens without interference from the other They passed Jim Crow Laws and began segregation What Supreme Court Decision upheld this type of federalism? Plessy v. Ferguson, 1896 How did this uphold Dual Federalism? Upheld segregation – right to defy 14th Amendment Cooperative/Marble Cake Federalism How did this concept develop? How does it define federalism? As the intrusion of the national government into what was traditionally state government authority What does the marble cake metaphor describe? As a result of New Deal Legislation How Congress uses the elastic clause to pass legislation resulting in an overlapping of state and government affairs How does this type of federalism work? State and national governments work together and the people get the benefit of services provided by the federal and state governments. Creative Federalism How did this develop? What characterizes this type of federalism? Costs are shared between the national and state governments for programs that the state government traditionally paid for. What was the key for this program to work? As a result of President Lyndon Johnson’s Great Society policies Created rules and guidelines set by the federal government for states to get benefits Example? Dual administration of Medicaid New Federalism Which president developed this type? Which presidents implemented it? Downsizing of the federal government What type of grants were used to do all of this? Decentralized federal government services and programs What was the result of this decentralization? Reagan and GHW Bush How did the federal government give more power to the states? Nixon Revenue Sharing and Block Grants How did President Reagan further extend the concept of “New Federalism”? Reduced taxes and federal spending thus reducing the amount of money the federal government provided to the states. Fiscal Federalism How does this form define federalism? What does the federal government use for financial incentives? Categorical grants that can be project grants or formula grants How is Revenue Sharing used in this one? Grants-in-aid What do these grants include? Federal government provides monetary support to the states It’s used in the form of Block Grants How do states receive this money? As part of funded mandates Grants-in-Aid Define these. Money provided by the federal government to the states for specific purposes They include categorical grants, define these. Federal aid that meets the criteria of a specific category and have specific criteria attached to them Examples? Health, Education, & Welfare These also include project grants, define these. They are competitive and are awarded to individuals or states that meet the criteria of the project the federal government initiates. Example? Race to the Top – Education grant money Grants-in-aid also include formula grants. Define these. They have specific rules and a formula for who is eligible for the grant. Many of these formulas have economic criteria such a per capita income levels What are Block Grants? Grants given to the states for specific purposes to all the states. Example? Welfare Reform Act of 1996 – given to all states and initiated the Workfare Program Devolution Definition? By whom and when was this initiated? Uses tools of fiscal federalism What is the Constitutional basis for devolution? “The era of big government is over.” How does it increase state power? Republican Party when they regained control of Congress in 1994 How did President Clinton define this? Returning power to the states 10th Amendment Reserved Power Clause How has the Supreme Court dealt with this change? Overturned federal laws that attempt to control state prerogatives
