AP Government Review

Constitutional UnderpinningsBy: Kaitlin B, Jessica Q, Francisco C, Kathleen

B, & Connie P

Forms of GovernmentAnarchy- no governing authority

Autocracy- which a select few rule based on inherited hereditary right

Communist- a hypothetical entity to which communists can refer when approached with the inconvenient realities of the socialist "republics" run by communist parties. It is notable however that even under Marxist theory communism is supposed to be stateless.

Democracy- Refers to a broad range of types of government based upon the "consent of the governed."

Fascism- The country is ruled by a totalitarian and corporatist government. It has also gone by the names Nazism, Baathism, Corporatism, and Falangism.

Monarchy- a form of government in which supreme power is absolutely or nominally lodged with an individual, who is the head of state, often for life or until abdication. A monarchy usually possesses more checks and balances than an autocracy or dictatorship.

Theocracy- a form of government in which a god or deity is recognized as the state's supreme civil ruler. Since said god or deity is usually absent from decision making, a church sponsored leader or leaders will rule instead.

Theories of Democratic Government

Theories of democracy advocate different degrees of participation by the people with the government.

• Democracy, or "rule by the people," is an egalitarian form of government in which all the citizens of a nation determine public

policy, the laws, and the actions of their state together, requiring that all citizens have an equal opportunity to express their opinion.

• The most common system that is deemed "democratic" in the modern world is parliamentary democracy, in which the voting public

takes part in elections and chooses politicians to represent them in a legislative assembly.

• Direct democracy holds that citizens should participate directly in making laws and policies, and not do so through their

representatives.

• Deliberative democracy is based on the notion that democracy is government by discussion.

Articles of Confederationa written agreement ratified in 1781 by the thirteen original states; it provided a legal symbol of their union by giving the central government no coercive power over the states or their citizens

The Compromises• Debate over the various plans presented at the Constitutional Convention resulted in the Connecticut (Great)

Compromise. This compromise settled the disputes between the states over the structure of the legislative branch.

Congress would be a bicameral legislature, with representation in the lower house based on the population of the state

and equal representation of the states in the upper house.

• A second compromise concerned the counting of slaves for the purpose of determining population for representation in

Congress and for taxation. Southern states wanted slaves to be counted for representation but not taxation. Northern

states wanted slaves counted for taxation but not for representation. The Three-Fifths Compromise resolved this

issue: each state would count three-fifths of its slave population for purposes of determining both representation and

taxation.

• The Commerce and Slave Trade Compromise resolved other differences between southern and northern states.

Congress was prohibited from taxing exports from the states and from banning the slave trade for a period of 20 years.

• Numerous other compromises were made at the Constitutional Convention concerning the executive and judicial

branches as well as the electoral process for choosing a chief executive.

How to ratify the Constitution

Although the delegates at the convention signed the Constitution on September 17, 1787, it still had to be ratified by nine of the 13 states before it could go into effect. In each state, special ratifying conventions would be held over the next two years. Debate over ratification divided citizens into Federalist and Anti-Federalist positions.

•The Federalists stressed the weaknesses of the Articles of Confederation and the government it created. They

supported a stronger central government with expanded legislative powers.

•The Anti-Federalists believed that the new Constitution gave too much power to the national government at the

expense of the state governments. Another objection was the lack of a Bill of Rights, ensuring fundamental liberties.

How to ratify the Constitution

Federalists

●Favored Constitution

●Led by Madison, Hamilton, and Jay

●Stressed weaknesses of Articles; strong government needed to protect nation and solve domestic problems

●Checks and balances would protect against abuses

●Protection of property rights

●Constitution is a bill of rights with limitations andreserved powers for the states; state constitutionsalready had protections in bills of rights

Anti-Federalists

●Opposed Constitution

●Led by Henry, Mason, Samuel Adams

●Wanted strong state governments; feared a strongnational government

●Created a strong executive similar to monarchy

●Wanted fewer limits on popular participation

●Wanted a bill of rights to protect citizens againstgovernment

Federalists/Anti Federalists

Historical Background

Instability in the 1780’s called for a convention to discuss the creation of a more effective revision of the Articles of Confederation. May, this convention became the Constitutional Convention, which made a new governing document for submission to the states. All states but Rhode Island sent delegates, wanting to amend the articles in ways that would make the national government more effective. But according to the articles, all amendments needed unanimous consent from the states. When enough delegates were present at the convention May 26, those who favored replacing the articles entirely outnumbered those who opposed. Thus, the nationalists, or federalists, began introducing proposals to completely change the American governing document. Once the Constitution was submitted to the states for ratification, a heated debate began.

Federalists/ Anti Federalists part 2

Federalists were those who supported ratification & argued that a new governing document would provide a stronger central government and was necessary. The bulk of their arguments included a collection of essays written by Alexander Hamilton, James Madison, and John Jay.

Anti-Federalists who opposed the new government and ratification of the Constitution were joined by a large number of ordinary Americans, particularly farmers & found strength in newer settled western regions of the country.

Basic Principles of Constitution• limited government - belief that government is not all-powerful;

government has only those powers given to it

• popular sovereignty - the people are the source of government's authority

• separation of powers - power is separated among three branches of government; each has its own powers and duties and is independent of and equal to the other branches

• checks and balances - each branch is subject to restraints by the other two branches

• federalism - a division of governmental powers between the national government and the states

Basic Principles part 2Legislative Branch (Passes Laws)

Over Executive: ♦ May override presidential veto by two-thirds vote of both houses ♦ May impeach and remove president from office ♦ Senate may refuse to confirm presidential appointments or ratify treaties ♦ Creates executive agencies and programs ♦ Appropriates funds

Over Judiciary: ♦ Creates lower federal courts ♦ Sets salaries of federal judges ♦ May refuse to confirm judicial appointments ♦ May propose constitutional amendments which overrule court decisions ♦ May impeach and remove federal judges

Executive Branch (Enforces Laws)

Over Legislature: ♦ President may veto acts of Congress ♦ President may call special sessions of Congress ♦ President may recommend legislation

Over Judiciary: ♦ President appoints federal judges ♦ President may grant reprieves and pardons to federal offenders ♦ May refuse to enforce court decisions

Judicial Branch (Interprets Laws)

Over Legislature: ♦ May rule legislative acts unconstitutional ♦ Chief justice presides over impeachment of president

Over Executive: ♦ May rule executive actions unconstitutional

What is Federalism?A constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States.

The national and sub divisional governments both exercise direct authority over individuals.

What are National Powers?

What are national powers?

National power is defined as the sum of all resources available to a nation in the pursuit of national

objectives.

The Nation has the Power to:

Print money ,Regulate interstate (between states) and international trade,Make treaties and

conduct foreign policy,Declare war,Provide an army and navy,establish post offices,Make laws

necessary and proper to carry out the these powers

What are State Powers?What is state powers?

The capacity of a state to regulate behaviours and enforce order within its territory

The state has the power to:

Issue licenses,Regulate intrastate (within the state) businesses,Conduct elections, Establish local

governments,Ratify amendments to the Constitution,Take measures for public health and

safety,May exert powers the Constitution does not delegate to the national government or prohibit

the states from using

Article IV- Relationship between the states

Section 01:Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of

every other state.

Section 02: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

Section 03: New states may be admitted by the Congress into this union; but no new states shall be formed or

erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or

parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

Section 04: The United States shall guarantee to every state in this union a republican form of government, and shall

protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature

cannot be convened) against domestic violence.

National SupremacyConstitutional doctrine that whenever a conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government will prevail.

The supremacy clause states that the constitution, its laws and treaties, are “supreme law of the land”.

The Supreme Court upheld this supremacy in McCulloch v. Maryland (1819), and continued to expand powers of congress over interstate commerce in Gibbons v. Ogden (1824).

McCulloch vs Maryland (1819)➢ The state of Maryland enacted a tax that would force the United States

Bank in Maryland to pay taxes to the state.

➢ McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax.

➢ Ruled sovereignty of the union lies with the people of the us not individual states that comprise it.

Gibbons V. Ogden (1824)livingston assigned to ogden the right to navigate the waters between NY city and certain ports in NJ

Power to regulate commerce is general and has no limitations

Dual FederalismA system of government in which both the states and the national

government are supreme within their own spheres. Each level of of government is dominant within its own sphere. Leaving the Supreme Court serving as the umpire between the national government and the states disputes over which level of government has responsibility for a particular activity.

Notable Supreme Court cases concerning dual federalism include that of McCulloch v Maryland- regarding the constitutionality of a federally chartered bank, in which the banks legitimacy was ensured by the Necessary and Proper Clause.

A second major case regarding the rights of the state and federal government was Gibbons v Ogden, where the constitutionality of some aspects implied by the case remained vague, however the decision reaffirmed the supremacy of federal law.

Outline of Powers Defined in Constitution

Exclusive powers of U.S. Federal Government

Exclusive powers of state governments

regulate commerce between states and international trade

to regulate intrastate commerce

to coin money and regulate the value to conduct elections

to declare war to ratify amendments to the U.S. Constitution

to establish an army and navy to exercise powers neither delegated to the national government nor prohibited from the states by the Constitution

to enter into treaties with foreign governments

to establish post offices and issue postage

to make laws necessary to enforce the Constitution

Fiscal Federalism- Examples

It is the name given to a system of financial transfers between the federal and state and local governments to pursue policy initiatives. An example of this is money from the federal government to build highways or strengthen local law enforcement. This money comes with strings attached and allows policy to be directed in a relatively uniform way.