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AP US Government and Politics Constitutional Underpinnings: Concepts: Why did the Articles of Confederation fail?

? o By 1787, trade between the states was in decline, the value of money was dropping, potential threats from foreign enemies were growing, and there was real threat of social disorder from groups within country. o They needed a stronger central government Federal government under the Articles Could not draft soldiers Was completely dependent on state legislatures for revenue federal government not permitted to tax citizens Could not pay off Revolutionary War debt Could not control interstate trade Had no Supreme Court to interpret law Had no executive branch to enforce national law Had no national currency Had no control over import and export taxes imposed between states Needed unanimity to amend Articles Needed approval from 9/13 states to pass legislation What was the immediate impact of Shays rebellion? o Frightened the statesmen and exposed weakness of Articles What motivated the Framers of Constitution? Were they elitists or pragmatists? o Pragmatists knew that by protecting everyones property and rights, they could best protect their own Why did the Framers create a republic form of government? Why did the Framers create a federal system of government? What is the purpose of checks and balances and separation of powers? Why are plurality systems democratic but unstable? Terms: Articles of Confederation predecessor to constitution (1774-1781) o Won the Revolutionary War o Established Northwest ordinance o Negotiated treaty that ended Revolutionary War o Set precedent of federalism Shays Rebellion six month rebellion in which more than 1,000 armed farmers attacked a federal arsenal to protest foreclosure of farms in western part of state New Jersey Plan each state represented equally Virginia Plan recipe for strong government with each state represented proportionately to its population

Great Compromise (Connecticut) created a bicameral (two house) legislature with a House of Representatives, based on population, and Senate, with equal representation for all states. Three-Fifths Compromise slaves would count as three-fifths of a person when apportioning votes Federalism states and central government shared governing responsibilities; include Germany, Switzerland, and Australia Dual federalism form of federalism during USs early history. During this period, federal and state governments remained separate and independent. What little contact most Americans had with government occurred on state level, as national government concerned itself primarily with international trade, construction of roads, harbors, and railways, and the distribution of public land in the West. Federalists Anti-Federalists opposed creation of stronger national government, fearing Constitution would threaten citizens personal liberties and make president a king. Federalist Papers newspaper articles Alexander Hamilton, James Madison, and John Jay wrote to support Constitution Bill of Rights first 10 amendments to U.S. Constitution; guarantees personal liberties and limits powers of government Necessary and proper clause (elastic clause) Article I, Section 8 of Constitution allows Congress to make all laws that appear necessary and proper to implement its delegated powers. Presidential practice executive power has expanded through use of this Executive orders have same effect as law; bypass Congress in policymaking and not mentioned in Constitution; Presidents use them as part of enforcement duties of executive branch. Executive agreements bypass ratification power of Senate but not mentioned in Constitution. Ones between heads of counties have many of same elements as treaties. Judicial Review decided in case of Marbury v. Madison in 1803; Supreme Court increased power by granting itself power to overturn laws passed by legislature Representative Democracy Delegated (expressed/enumerated) powers powers that belong to national government only o Printing money, regulation interstate and international trade, making treaties and conduction foreign policy, declaring war Reserved powers powers that belong exclusively to the states; powers not mentioned in Constitution o Include: power to issue licenses, regulation of intrastate (within the states) businesses, responsibility to run and pay for federal elections Concurrent powers powers shared by federal and state governments o Collect taxes, build roads, operate courts of law, borrow money Full faith and credit clause states required to accept court judgments, licenses, contracts, and other civil acts of all other states

Privileges and immunities clause states may not refuse police protection or access to their courts to a US citizen just because he lives in a different state Extradition states must usually return fugitives to states from which they have fled Supremacy clause (constitution) requires conflicts between federal law and state law to be resolved in favor of federal law. State laws that violate Constitution, federal laws, or international treaties can be invalidated through this. Categorical grants Block grants Separation of powers Checks and balances Veto Override Amendment Ratify Establishment clause Selective incorporation Cabinet Governor Line-item veto Pardons and reprieves Bicameral legislature Revenue sharing Northwest Ordinance creating methods by which new states would enter the union. Confederation system in which many decisions are made by external member-state legislation

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