Notes
Ideas behind the government
- Natural rights (life, liberty, property), popular sovereignty (power comes from the people), social contract, and republicanism (people elect representatives).
- The Declaration of Independence (1776) uses Locke's ideas to justify independence.
- Models of democracy: participatory (broad participation), pluralist (groups compete for influence), and elite (a small, educated group has the most influence). Federalist No. 10 and Brutus No. 1 debate these.
From the Articles to the Constitution
- The Articles of Confederation created a weak national government: no power to tax, no national army, no executive, and changes needed every state's approval. Shays' Rebellion exposed these weaknesses.
- At the Constitutional Convention (1787), delegates compromised: the Great (Connecticut) Compromise (a House based on population and a Senate with equal representation), the Three-Fifths Compromise, and the Electoral College.
- Federalists (Federalist No. 10: a large republic controls factions; No. 51: separation of powers and checks and balances) vs Anti-Federalists (Brutus No. 1: a large republic threatens liberty). The Bill of Rights was added to win ratification.
- Amending the Constitution (Article V) takes a two-thirds vote in both houses of Congress (or a convention) plus ratification by three-fourths of the states.
Separation of powers and federalism
- Checks and balances: the president vetoes; Congress overrides with two-thirds, confirms appointments, and can impeach; courts can strike down laws.
- Federalism divides power between national and state governments. Enumerated powers belong to Congress; the Tenth Amendment reserves other powers to the states; concurrent powers are shared (taxing).
- The Necessary and Proper Clause (elastic clause) and Commerce Clause expanded federal power. The Supremacy Clause makes federal law supreme.
- Federal money shapes state policy: categorical grants (with strings attached), block grants (more state flexibility), and mandates (requirements, sometimes unfunded).
- Key cases: McCulloch v. Maryland (1819) upheld the national bank and federal supremacy; United States v. Lopez (1995) limited the Commerce Clause (guns near schools weren't commerce).
Practice
Madison said a large republic makes it hard for one faction to dominate.
Anti-Federalists feared a distant central government.
It could only ask the states for money.
It balanced the interests of large and small states.
It's the basis of reserved powers.
It strengthened federal power.
Carrying a gun near a school wasn't economic activity.
Categorical grants come with specific conditions.
Free response
Write your answer first, then open the scoring guide.
Free-response question
In 2024, a state passed a law that conflicted with a federal environmental regulation. The state argued the issue should be decided locally.
(a) Describe the constitutional principle the federal government could use to argue its regulation should apply.
Show the answer and scoring guide
The Supremacy Clause (Article VI) makes federal law the supreme law of the land, so it overrides conflicting state law.
Check off the points you earned:
(b) Explain how the Tenth Amendment could support the state's position.
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The Tenth Amendment reserves powers not delegated to the national government to the states, so the state could argue environmental policy within its borders is a reserved power.
Check off the points you earned:
(c) Explain ONE way the federal government could encourage the state to follow the regulation without going to court.
Show the answer and scoring guide
It could attach conditions to federal funding, like categorical grants that require meeting environmental standards.
Check off the points you earned: