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? One per state

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? 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? Foreclosure on farms

What hindered the national government from stopping this uprising? 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? Madison

What was the reason for this article? 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? Madison

What is the main argument? Separation of Powers and Checks and Balances should exist

among the three branches of government Why does it support checks and balances?

It protects branch of government from becoming too powerful This form of government protects the country from what?

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? Madison

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? 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? A more perfect union

What does it seek to establish? Justice

What does it want to insure? Domestic tranquility

For what does it want to provide? The common defense

What does it seek to promote? The general welfare

What does it hope to secure? 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? Inherent powers

What is the “court of last resort”? Supreme Court

What two groups are guaranteed rights? Citizens States

How can the Constitution be changed? 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 II

What does these powers “make” the president? The 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? Expand the powers of the President

From what other Presidential powers are these derived? Chief Executive Commander in Chief

How are these powers usually used? 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

• Pass laws• Manage • health• education• Police• Marriage laws• Garbage laws• Voting

Requirements

• Tax• Create

Courts• Create laws

for the general welfare

Federal Powers State PowersConcurrent 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? Article VI

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? 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 Dual Federalism/Layer Cake Federalism

1865 – 1932 Dual Sovereignty

1932 – 1964 Cooperative Federalism/Marble Cake Federalism

1964-1968 Creative Federalism

1968-1992 New Federalism

1968 – Present Fiscal Federalism

1994 – Present Devolution

Dual/Layer Cake Federalism

Describe the federal government powers under this type of federalism. The Delegated Powers found in the

Constitution Describe the state government powers

under this type of federalism. The 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? Each government exercises authority over their citizens without

interference from the other What time period in our Nation’s history brought on this type of

federalism? Reconstruction

Which amendments were passed to try to define this concept of Dual Sovereignty? 13th, 14th, & 15th

How did the Southern States respond to this? 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? As a result of New Deal Legislation

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?

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? As a result of President Lyndon Johnson’s Great Society

policies 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? 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? Nixon

Which presidents implemented it? Reagan and GHW Bush

How did the federal government give more power to the states? Decentralized federal government services and programs

What was the result of this decentralization? Downsizing of the federal government

What type of grants were used to do all of this? 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? Federal government provides monetary support to the

states What does the federal government use for financial

incentives? Grants-in-aid

What do these grants include? Categorical grants that can be project grants or formula

grants How is Revenue Sharing used in this one?

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? Returning power to the states

By whom and when was this initiated? Republican Party when they regained control of Congress in 1994

How did President Clinton define this? “The era of big government is over.”

How does it increase state power? Uses tools of fiscal federalism

What is the Constitutional basis for devolution? 10th Amendment Reserved Power Clause

How has the Supreme Court dealt with this change? Overturned federal laws that attempt to control state

prerogatives