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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? 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