This guide provides detailed notes for AP Government Unit 2, focusing on federalism and the structure and function of the three branches of government. Understanding these concepts is crucial for success on the AP exam.
I. Federalism: A Shared Power Structure
Federalism, a cornerstone of the US government, divides powers between a national government and state governments. This division isn't always clear-cut, leading to ongoing debates and court cases.
A. Defining Federalism
- Dual Federalism (Layer Cake): A clear division of powers, with the national government primarily responsible for certain areas (e.g., defense, foreign policy) and state governments responsible for others (e.g., education, law enforcement). Think of distinct layers, like a layer cake.
- Cooperative Federalism (Marble Cake): Powers are shared and intertwined between national and state governments. Think of a marble cake, with the colors (powers) blending together.
- Fiscal Federalism: The national government uses its financial power (grants, mandates, etc.) to influence state policies. This involves various types of grants (categorical, block, project).
- Devolution: The transfer of certain powers from the national government back to state governments.
B. Key Clauses impacting Federalism
- Supremacy Clause (Article VI): Establishes the Constitution, federal laws, and treaties as the supreme law of the land.
- Necessary and Proper Clause (Elastic Clause, Article I, Section 8): Grants Congress the power to make all laws "necessary and proper" for carrying out its enumerated powers. This expands Congressional power significantly.
- Commerce Clause (Article I, Section 8): Grants Congress the power to regulate commerce among the states, significantly expanding federal power over time. Think of Gibbons v. Ogden (1824) as a landmark case establishing broad Congressional power.
- Tenth Amendment: Reserves powers not delegated to the federal government to the states or the people.
C. Powers of the Federal Government
- Enumerated Powers: Explicitly listed in the Constitution (e.g., power to tax, declare war).
- Implied Powers: Powers derived from the Necessary and Proper Clause.
- Inherent Powers: Powers inherent to the sovereignty of a nation (e.g., power to wage war, conduct foreign policy).
D. Powers of State Governments
- Reserved Powers: Powers not specifically granted to the federal government, nor denied to the states (e.g., education, public health).
- Concurrent Powers: Powers shared by both federal and state governments (e.g., taxation, law enforcement).
II. The Three Branches of Government: Checks and Balances
The US government operates under a system of separated powers, with each branch having distinct responsibilities and powers, yet also checking and balancing the other branches.
A. Legislative Branch (Congress): Making Laws
- Structure: Bicameral legislature (House of Representatives and Senate).
- Powers: Lawmaking, declaring war, approving treaties, impeaching officials, confirming presidential appointments.
- House of Representatives: Based on population; shorter terms; initiates revenue bills; impeaches officials.
- Senate: Equal representation for each state; longer terms; confirms presidential appointments and treaties; tries impeachment cases.
- Committees: Play a crucial role in shaping legislation through hearings and markups.
B. Executive Branch (President): Enforcing Laws
- Powers: Enforcing laws, commanding the military, making treaties (with Senate approval), appointing judges and officials, granting pardons.
- Presidential Roles: Head of State, Head of Government, Commander-in-Chief, Chief Diplomat, Chief Legislator, etc.
- The Cabinet: Advises the President on policy matters.
- Executive Agencies: Implement and enforce laws.
C. Judicial Branch (Supreme Court and Federal Courts): Interpreting Laws
- Structure: Supreme Court (highest court); Federal Courts of Appeals; Federal District Courts.
- Powers: Judicial review (power to declare laws unconstitutional); interprets laws; settles disputes.
- Judicial Review: Established in Marbury v. Madison (1803).
- Appointment Process: Federal judges are appointed by the President and confirmed by the Senate.
III. Checks and Balances
The system of checks and balances prevents any single branch from becoming too powerful. Examples include:
- Legislative Check on Executive: Congress can override a presidential veto; impeach and remove the President; approves presidential appointments and treaties.
- Legislative Check on Judicial: Congress can impeach and remove federal judges; can propose constitutional amendments to overturn Supreme Court decisions.
- Executive Check on Legislative: President can veto legislation; can call special sessions of Congress.
- Executive Check on Judicial: President appoints federal judges.
- Judicial Check on Legislative: Supreme Court can declare laws unconstitutional.
- Judicial Check on Executive: Supreme Court can declare executive actions unconstitutional.
This detailed outline provides a solid foundation for understanding AP Government Unit 2. Remember to supplement these notes with textbook readings, class discussions, and practice questions. Good luck with your studies!
