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US Government and Politics Unit 1: Foundations of American democracy

The Constitution balances majority rule with protections against tyranny through separation of powers, checks and balances, and federalism.

Covers: Natural rights and popular sovereignty, models of democracy, the Articles of Confederation, the Constitution and its compromises, federalism, checks and balances

Study guide

American government rests on Enlightenment ideas. John Locke argued that people have natural rights to life, liberty and property and that government exists by the consent of the governed; the Declaration of Independence applies these ideas. Popular sovereignty means the people are the source of power, and a republic governs through elected representatives. Political scientists describe three models of democracy: participatory (broad citizen participation), pluralist (groups compete for influence) and elite (a wealthy, educated few hold the most power).

The Articles of Confederation created a weak national government that couldn't tax, regulate trade or enforce laws, and Shays' Rebellion showed the danger. At the Constitutional Convention, the Great Compromise created a bicameral Congress, the Three-Fifths Compromise counted enslaved people for representation, and the Electoral College chose the president. During ratification, Federalists argued in Federalist No. 10 that a large republic would control factions and in No. 51 that separation of powers and checks and balances would control government. Anti-Federalists, as in Brutus No. 1, feared a distant central government, and the Bill of Rights was added to protect liberties. The Constitution can be amended through a two-step process requiring supermajorities.

Federalism divides power between national and state governments. Enumerated (expressed) powers belong to the national government, the Tenth Amendment reserves other powers to states, and some powers are concurrent. The necessary and proper (elastic) clause and the commerce clause have allowed the national government to grow, as in McCulloch v. Maryland (1819), while United States v. Lopez (1995) set limits. Grants shape the relationship: categorical grants come with strict rules, block grants give states flexibility, and unfunded mandates require states to act without money.

The Supremacy Clause (Article VI) makes the Constitution and valid federal laws override conflicting state laws. In McCulloch v. Maryland, Maryland tried to tax the national bank. The Court ruled that Congress had implied power to create the bank under the necessary and proper clause, and that a state cannot tax or obstruct a legitimate federal institution. In United States v. Lopez, Congress had banned guns near schools under the commerce clause. The Court struck the law down because carrying a gun in a school zone is not economic activity and has too weak a link to interstate commerce. This was the first major limit on commerce-clause power in decades.

Implied powers are powers not listed in the Constitution that Congress claims through the necessary and proper clause. Examples include creating a national bank and conducting oversight investigations of the executive branch. In Federalist No. 39, Madison argued that the Constitution is partly national and partly federal. The people elect the House directly, while the states are represented in the Senate and take part in ratification and amendment. This mixed design was meant to reassure people who feared the states would be swallowed up.

Lincoln's Gettysburg Address (1863) restated the Declaration's promise that all people are created equal. It described American democracy as government of, by and for the people, tying popular sovereignty to the Union's survival. Article I creates Congress and lists its enumerated powers in Section 8 (taxing, borrowing, regulating interstate commerce, declaring war, raising armies), plus the necessary and proper clause. It also lets states set election rules, subject to change by Congress. Under Article V, an amendment is proposed by two-thirds of both houses (or a national convention called by two-thirds of the states) and ratified by three-fourths of the states.

Limited government means the government's powers are restricted by a written constitution, so it cannot violate individual rights. Social contract theory holds that people give up some freedom to a government in exchange for protection of their rights, and can change a government that breaks that deal.

Key ideas

• Natural rights and consent of the governed are the founding principles.
• The Constitution fixed the Articles' weakness while guarding against tyranny.
• Separation of powers and checks and balances limit each branch.
• Federalism divides power between national and state governments.
• Court cases and grants have shaped how federalism works.

Formulas and rules

Common mistakes

• Confusing separation of powers (distinct branches) with federalism (national vs. state).
• Thinking the Bill of Rights was in the original Constitution; it was added in 1791.

Words to know

Natural rights

Rights people have by nature, such as life, liberty and property (Locke).

Popular sovereignty

The principle that government's power comes from the people.

Republic

A government where citizens elect representatives.

Participatory democracy

A model emphasizing broad citizen participation.

Pluralist democracy

A model where groups compete to influence policy.

Elite democracy

A model where a small, wealthy group holds the most influence.

Federalist No. 10

Madison's essay arguing a large republic controls factions.

Federalist No. 51

Madison's essay on separation of powers and checks and balances.

Brutus No. 1

Anti-Federalist essay warning against a strong central government.

Separation of powers

Dividing power among legislative, executive and judicial branches.

Checks and balances

Each branch's power to limit the others.

Federalism

Dividing power between national and state governments.

Enumerated powers

Powers specifically given to Congress in the Constitution.

Reserved powers

Powers kept by the states under the Tenth Amendment.

Concurrent powers

Powers shared by national and state governments, like taxing.

Necessary and proper clause

Lets Congress make laws needed to carry out its powers (elastic clause).

Commerce clause

Gives Congress power over interstate commerce.

Categorical grant

Federal money with specific conditions.

Block grant

Federal money with broad flexibility.

Unfunded mandate

A federal requirement without federal funding.

Sample practice questions

5 more questions like these, from level 1 to 5, are in the practice set.