AP Government ReviewUnit 1: Constitutional Framework

Chapters: “Constitution” and “Federalism

Path To Independence

British “Obstructionism” Abrupt Taxation Crystallizes emerging philosophies

Enlightenment Influences (John Locke) Natural Rights cannot be infringed on Life, Liberty, Property Government by consent rather than decree

Declaration of Independence Restatement of Locke’s principles Listed 27 specific abuses by Britain

Articles of Confederation

Structure and Power Unicameral Legislature Each state had one vote 9 of 13 for passage of law Powerless Executive and No Judicial Unanimous Consent for Amendment

Key Weaknesses No power to tax, had to request from states No power to regulate commerce, no national economy No court system to deal with conflict between states No money to fund military

Shay’s Rebellion Reveals weaknesses of Articles

Constitutional Convention Issues Dealt With

Representation▪ Virginia Plan▪ New Jersey Plan▪ Compromise

Slavery▪ 3/5 Compromise

Voting (left to states) Key Concepts (Madison)

Separation of Power Checks and Balances Limits on Majority Power Federalism

Ratification of Constitution Technically Illegal Federalists vs. Antifederalists

Federalists (Strong National Gov/Pro-Constitution Antifederalists (State’s Rights/Anti-Constitution

The Federalist Papers Federalist 10: Danger of factions, virtue of republic Federalist 51: Separation of Powers to control factions

Bill of Rights Antifederalists pushed for one, added after ratification

Ratification Special Conventions

Amending the Constiution

Formal

Informal Judicial Interpretation Political Practices (Parties for example)

Proposal Ratification

2/3 vote of both Houses of Congress ¾ vote of State Legislatures

National Convention called by Congress at the request of 2/3 of state legislatures

State Conventions ratify in ¾ of the states.

Sharing Power (Federalism)

Federalism A political system in which power is shared

between local/regional governments (states) and a national government

Continues due to Commitment to local government Congress being elected by local constituency

Clear Advantage Increase participation and activity

System of Federalism

Based on 10th Amendment Federal and State Relationships

No state can make treaties No state can coin money Elastic Clause muddies the waters Decided by Supreme Court

State to State relationships “Full Faith and Credit Clause” “Privileges and immunities” Extradition

“Types of Federalism”

Dual Federalism (Layer Cake) Early interpretation which held the States had

powers in some areas and the federal in others but they did not overlap

Cooperative Federalism (Marble Cake) More recent interpretation (1930s on) that hold

the Federal and State governments both have power and responsibilities in certain areas. Leads to federal solutions implemented through the state’s apparatus.

Important Events

1919 McCulloch v. Maryland Implied Powers Federal Supremacy

1924 Gibbons v . Ogden Court defines commerce broadly, increasing Federal power

Nullification and the Civil War Loss of distinction between Interstate and Intrastate

commerce Devolution

1995 United States v. Lopez▪ Restricts commerce clause

Medicaid and Medicare debate

Federal and State Money

Grants-In-Aid Categorical Grants▪ Grants for specific purposes. Often require

matching funds. Have many conditions of aid.

Block Grants▪ Grants for general purposes. Have little to

no conditions of aid. Stronger lobby for Categorical Grants

Mandates

Two Types of Federal Control over States Conditions of Aid▪ What states must do to get grant money

Mandates▪ Regulations and Requirements State must meet

(Environmental and Civil Rights mostly)▪ Often vague, left up to Federal Gov to define▪ Unfunded Mandates: Requirements given to

states without providing funding to meet.

Key Vocabulary

• Amendment Process• Antifederalists• Bicameral• Bill of Rights• Checks and Balances• Constitution• Declaration of Independence• Factions• Federalism

Key Vocabulary

Federalist Papers Federalists Great Compromise Judicial Review Natural Rights New Jersey Plan Ratification Republic Separation of Powers

Key Vocabulary

Shay’s Rebellion Virginia Plan Unalienable Unicameral Block Grants Categorical Grants Conditions of Aid Cooperative Federalism Devolution

Key Vocabulary

Dual Federalism Extradition Federalism Federal System Full Faith and Credit Gibbons v. Ogden Grants in aid Initiative Mandates

Key Vocabulary

Mc.Culloch v. Maryland Nullification Privileges and Immunities Referendum Unfunded Unitary System