AP GOV. NOTEBOOK 6 sections: Starter Constitution Judicial Branch, Civil Liberties and Civil Rights Political Behaviors and Institutions Congress Executive Branch and Policies

Unit One: Constitution and Federalism

Unit One: Constitution and Federalism

1. Why revolt?

Background to Revolution Why revolt against Brits? Although colonists recognized the rule of law (Hobbes), British leaders (inc. King) were seen as corrupt English constitution inadequately protected citizens' liberty Belief in a higher law of natural rights (Locke) Life, Liberty and Property Specific abuses of King George III (27 paragraphs) Listed in Declaration of Independence

The Real Revolution (new ideas) The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure… Government by consent of people, not divine right from god Direct grant of power in a written constitution Human liberty prior to gov’t Legislative superior to executive branch because legislature directly represented the people

Weakness of Articles of Confederation 1781-1787 Could not levy taxes or regulate commerce Sovereignty, independence retained by states One vote in Congress for each state Nine of thirteen votes in Congress required for any measure Delegates to Congress picked, paid for by state legislatures Little money coined by Congress Army small; dependent on state militias Territorial disputes between states led to open hostilities No national judicial system All thirteen states' consent necessary for any amendments

The Framers, Founders, Fathers Constitution Convention: Philadelphia, Summer 1787 Who was there? men involved in public affairs, war veterans, wealthy not there: Rhode Island refused to send delegates

The Fundamental Tension in Government: What do you value? FREEDOM ORDER Peace Stability Rule of Law Choice Independence Self Determination

The Constitution 1 Preamble (introduction) 7 Articles (chapters) 27 Amendments (add-ons)

2. The Constitutional Convention (The Birth of Our Government) AP NIGHT: NEXT WEDNESDAY 1730-1900 MPR FREE! 2. The Constitutional Convention (The Birth of Our Government) Our Gov’t

Constitutional Convention The lessons of experience State Constitutions Penn: most democratic, trampled minority rights Mass: less democratic, but Shay’s Rebellion happened here Shays's Rebellion brought fear that states were about to collapse Rule of England

vs AUTHORITY Gov’t has the right to use power Example: British, A. of C, bad boss LEGITIMACY Power is given to authority through trust, respect, contract Ex. US Constitution, good boss vs

Convention (cont.) What happened? An entirely new constitution, though authorized only to revise Articles Locke’s principles applied to gov’t Framers doubted popular consent alone could guarantee liberty (no props for the peeps!) Results: "a delicate problem"; need strong government for order but not threaten liberty James Madison: Main author of Con. He’s the man! Otherwise known as….

J-Mad

3. The Constitution

Big Ideas Behind US CONSTITUTION 1. Popular Sovereignty: Gov’t can only govern w/ consent of people 2. Limited Government: Gov’t is not all powerful, must act within law 3. Separation of Powers: Power is divided among gov’t branches 4. Checks and Balances: Each branch of gov. checks the power of another 5. Judicial Review: The courts decide whether gov’t acts according to the Constitution 6. Federalism: Division of power between national and local governments

AMENDMENTS System to change document, founders realized document would have to evolve First 10: Bill of Rights, came 2 years later to pacify TJef’s crew who wanted guarantees of ind. rights To Amend you need vote of 2/3 of Congress 3/4 of States RARE! (17 times)

4. Debate and Compromise

How will Congress be divided? BIG STATES (Virginia Plan) DIVIDE BY POPULATION SMALL STATES (New Jersey) DIVIDE EQUALLY SOLUTION: Connecticut Compromise SENATE=2 per state HOUSE= population based

Should we adopt Constitution? Federalists Anti-Federalists J. Madison, A. Hamiliton Thomas Jefferson AofC too weak Strong gov’t need to be effective and insure peace Nat’s gov. will protect peoples rights Strong gov’t threats liberty AofC was ok Const. lacks a bill of rights

Massachusetts Compromise --Accept the Constitution (Feds win!) --Add Bill of Rights to protect ind. freedoms (Anti-Feds win!) We All Win!

5. Modern Complaints (Haters)

Complaint: the separation of powers makes gov’t slow and allows for too much partisan bickering Solutions --Allow Congress members to serve concurrently in Ex. Branch --Allow president to dissolve Congress --Empower Congress to require special presidential election --Require presidential /congressional teams in each congressional district --Establish single six-year term for president --Lengthen terms in House to four years

Complaint: Gov’t is too big and tries to do too much Solutions: --Limit amount of taxes collectible --Require a balanced budget (some states and localities have this) --Line-item veto amendment --Narrow authority of federal courts

So Should We Reform the Constitution? Most Americans revere the document, usually hesitant to change it Amendment process is difficult and lengthy FYI, some failed amendments: The Washington DC Voting Rights Amendment The Equal Rights Amendment (ERA) The Child Labor Amendment House Representation Formula Amendment

Suggested Amendment Topics Abolish flag burning Allow non-natural born citizens to become President Official language(s) of U.S. Definition of marriage Prayer in school Abolish Death penalty Balanced budget Abolish Electoral College Terms limits on U.S. Senators & Representatives Access to medical care for all citizens

6. Federalism State National City

Federalism What is Federalism? Ex. State: highways, welfare, schools Local & national gov’ts function separate from each other   Ex. State: highways, welfare, schools Federal: military, airline safety   Good or Bad? Depends who you ask: Riker says “F’ism perpetuated racism” Elazar says “F’ism perpetuates individual liberty” National State

Federalism Why Framers liked it? Once again, another way to check the power of gov’t “State and Federal are in fact but different agents and trustees of the people” -J.Mad Federalist 46   “If their rights are invaded by either, they can make use of the other as instrument of redress” A.Ham Federalist 28 Say my Name!

The Challenge of Federalism EU: Will It Work?

The Challenge of Federalism: Medical Marijuana

Federalism “Elastic Clause” or “Necessary & Proper Clause” Framers knew a complete list of gov’t powers was impossible so… Elastic language was used (Art. 1, Section 8) Hamilton's view: nat’l supreme since Const. Is supreme law Jefferson's view: states' rights w/ the people as ultimate sovereign Supreme Court’s Role Over past 224 years SC has been drawing the line between state and fed’l power

Federalism and the Courts Supreme Court’s Role Over past 224 years SC has been drawing the line between state and fed’l power

Federalism Supreme Court becomes focal point of interpreting Const. & deciding who has the power (see M&Ms) Nullification: idea that states can declare fed. laws “null and void”. Civil War based (wrongly) on this idea. Dual Federalism: both states and nat’l gov. supreme in their “spheres” Interstate commerce: Federal Intrastate commerce: State

Federalism and Cake? Layer Cake Federalism relationship between state and local gov’t are clearly spelled out and distinct. Also know as Dual Federalism. Marble Cake Federalism a mixing of authority and programs among the national, state, and local governments. Also know as Cooperative Federalism.

Federalism: Spheres of Power National Government State Government

Federalism: The Power Pull Washington DC Federalism: The Power Pull Baton Rouge -Tenth Amendment -“Devolution” (ex. Welfare Reform Act of 1996) -Block Grants (money to states for general purposes) national -Categorical Grants: $ for specific purpose (ex. voting registration) -Federal Mandates (ex. drinking age is 21) -Incorporation state

7. Federalism and Money

Federalism and Money Grants-in-aid: Federal money given to states for projects Types of Federal Funding: Categorical Grants $ for specific purpose Hiring city teachers Block Grants $ for general purpose Education Revenue Sharing $ to spend as states wish 5 billion for Iowa