UNIT OVERVIEW
UNIT OVERVIEW
UNIT 1
Foundations of American Democracy
AP® Exam Weighting:
8-12 Questions (15-22%)
Approximate Length:
16 Lessons, 3-4 Weeks
Developing Understanding: More than 200 years after the U.S. Constitution was ratified, the compromises that were necessary for ratification—which in some instances led to ambiguity—continue to fuel debate and discussion over how best to protect liberty, equality, order, and private property. This first unit sets the foundation for the course by examining how the framers of the Constitution set up a structure of government intended to stand the test of time. Compromises were made during the Constitutional Convention and ratification debates, and these compromises focused on the proper balance between individual freedom, social order, and equality of opportunity. In subsequent units, students will apply their understanding of the Constitution to the institutions of government and people’s daily lives.
Big Ideas
Constitutionalism
Why are there debates about the balance of power between the federal and state governments?
Liberty and Order
Is the Bill of Rights necessary? Why or why not?
Competing Policy-Making Interests
How does the Constitution affect you and the choices you make?
TOPIC 1.1
Enduring Understanding: A balance between governmental power and individual rights has been a hallmark of American political development.
Optional Readings: The Mayflower Compact (1620), Jon Locke's Second Treatise of Civil Government (1690), Baron de Montesquieu’s ideas about separating powers in government found in The Spirit of the Laws (1748)
Illustrative Examples: Thomas Hobbes’s definition of an anarchic “state of nature” in the absence of government
Learning Objective(s)
Explain how democratic ideals are reflected in the Declaration of Independence and the U.S. Constitution.
Essential Knowledge
The U.S. government is based on the following democratic ideals:
Natural rights — all people have certain rights that cannot be taken away
A social contract — an implicit agreement among the people in a society to give up some freedoms to maintain social order
Popular sovereignty — all government power comes from the consent of its people
Limited government — a government’s power cannot be absolute
The ideal of limited government is ensured by the interaction of these principles:
Separation of powers — a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own.
Checks and balances — a design of government in which each branch has powers that can prevent the other branches from making policy or to limit their reach to ensure the equal distribution of power.
Federalism — the sharing of power between the national government and the states.
Republicanism — a system in which the government’s authority comes from the people.
The Declaration of Independence, drafted by Thomas Jefferson (with help from Adams and Franklin), restates the philosophy of natural rights, and provides a foundation for popular sovereignty. The U.S. Constitution, drafted by James Madison at the Constitutional Convention in Philadelphia that was led by George Washington (with important contributions from Hamilton and members of the “Grand Committee”), is an example of a social contract and establishes a system of limited government. The Constitution provides the blueprint for a unique form of democratic government in the United States.
TOPIC 1.2
Enduring Understanding: A balance between governmental power and individual rights has been a hallmark of American political development.
Optional Readings: None
Illustrative Examples: None
Learning Objective(s)
Explain how models of representative democracy are visible in major institutions, policies, events, or debates in the U.S.
Essential Knowledge
Representative democracies can take several forms including the following models:
Participatory democracy, which emphasizes broad participation in politics and civil society
Pluralist democracy, which recognizes group-based activism by nongovernmental interests striving for impact on political decision making
Elite democracy, which emphasizes limited participation in politics and civil society
Different aspects of the U.S. Constitution as well as the debate between Federalist No. 10 and Brutus No. 1 reflect the tension between the broad participatory model and the more filtered participation of the pluralist and elite models.
The three models of representative democracy continue to be reflected in contemporary institutions and political behavior.
TOPIC 1.3
Enduring Understanding: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.
Optional Readings: “Letters from the Federal Farmer #1” (Anti-Federalist publication)
Illustrative Examples: None
Learning Objective(s)
Explain Federalist and Anti-Federalist views on central government and democracy.
Essential Knowledge
Federalists supported ratification of the Constitution and a strong central government. Madison’s arguments in Federalist No. 10 focused on the superiority of a large republic in controlling the “mischiefs of faction,” delegating authority to elected representatives and dispersing power between the states and national government.
Anti-Federalists opposed the ratification of the Constitution and wanted more power reserved to state governments rather than a strong central government. Anti-Federalist writings, including Brutus No. 1, adhered to popular democratic theory that emphasized the benefits of a small, decentralized republic while warning of the dangers to personal liberty from a large, centralized government.
TOPIC 1.4
Enduring Understanding: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.
Optional Readings: None
Illustrative Examples: State constitutions during the postcolonial period
Learning Objective(s)
Explain the relationship between key provisions of the Articles of Confederation, and the debate over granting the federal government greater power formerly reserved to the states.
Essential Knowledge
Specific incidents and legal challenges that highlighted key weaknesses of the Articles of Confederation are represented by the:
Lack of centralized military power to address Shays’ Rebellion
Lack of an executive branch to enforce laws, including taxation
Lack of a national court system
Lack of power to regulate interstate commerce
Lack of power to coin money
TOPIC 1.5
Enduring Understanding: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.
Optional Readings: None
Illustrative Examples: None
Learning Objective(s)
Explain the impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system.
Essential Knowledge
Compromises deemed necessary for ratification of the Constitution included the following:
Great (Connecticut) Compromise, which created a dual (bicameral) system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally
Electoral College, which created a system for electing the president by electors from each state rather than by popular vote or by congressional vote
Three-Fifths Compromise, which provided a formula for calculating a state’s enslaved population for purposes of representation in the House and for taxation
Postponing until 1808 a decision whether to ban the importation of enslaved persons
Agreement to add a Bill of Rights to address concerns of the Anti-Federalists
Debates about self-government during the drafting of the Constitution necessitated the drafting of an amendment process in Article V that entailed either a two-thirds vote in both houses or a proposal from two-thirds of the state legislatures, with final ratification determined by three-fourths of the states.
The compromises necessary to secure ratification of the Constitution left some matters unresolved that continue to generate discussion and debate today.
The debate over the role of the national government, the powers of state governments, and the rights of individuals remains at the heart of present-day constitutional issues about democracy and governmental power, as represented by:
Debates about government surveillance resulting from the federal government’s response to the 9/11 attacks
Debates about the role of government in public school education
TOPIC 1.6
Enduring Understanding: The Constitution created a competitive policy-making process to ensure the people’s will is represented and that freedom is preserved.
Foundational Documents (2)
Supreme Court Cases (0)
None
Optional Readings: None
Illustrative Examples: Religious Freedom Restoration Act of 1993, Impeachment proceedings against Presidents Andrew Johnson, Richard Nixon, Bill Clinton, and Donald Trump; Congressional response to the Obama administration’s executive actions on immigration (Source #1, #2)
Learning Objective(s)
Explain the constitutional principles of separation of powers and checks and balances.
Explain the effects of separation of powers and checks and balances for the U.S. political system.
Essential Knowledge
The specific and separate powers delegated to Congress, the president, and the courts allow each branch to check and balance the power of the other branches, ensuring no one branch becomes too powerful.
Federalist No. 51 explains how constitutional provisions of separation of powers and checks and balances control potential abuses by majorities.
Separation of powers and checks and balances creates multiple access points for stakeholders and institutions to influence public policy.
Checks and balances and separation of powers allow legal actions to be taken against public officials deemed to have abused their power. Those legal actions include the process of impeachment (the House formally charges an official with abuse of power or misconduct) and removal (if the official is convicted in a Senate impeachment trial).
TOPIC 1.7
Enduring Understanding: Federalism reflects the dynamic distribution of power between national and state governments.
Optional Readings: None
Illustrative Examples: National Recovery Act of 1933, Devolution revolution of the 1980s, Federal response to natural disasters such as Hurricanes Katrina and Sandy, National Minimum Drinking Age Act of 1984, State-level legalization of marijuana for personal use as in Colorado and Washington (2012)
Learning Objective(s)
Explain how the constitutional allocation of power between the national and state governments affects society.
Essential Knowledge
Federalism is the system of government in the United States in which power is shared between the national and state governments. The exclusive and concurrent powers of the national and state governments help explain the ongoing debate over the balance of power between the two levels.
Exclusive power is held by only one level of government and includes enumerated powers that are written in the Constitution, and implied powers that are not specifically written in the Constitution but are inferred from the Necessary and Proper Clause.
Reserved powers are those not delegated or enumerated to the national government but are reserved to the states, as stated in the Tenth Amendment.
Concurrent powers are shared between both levels of government such as the power to collect taxes, the power to make and enforce laws and the power to build roads.
The distribution of power between national and state governments is demonstrated by:
Revenue sharing — national funding with almost no restrictions to the states on its use and is the least used form of funding)
Block grants — national funding with minimal restrictions to the states on its use and is preferred by the states)
Categorical grants — national funding that is restricted to specific categories of expenditures, is preferred by the national government, and is the most commonly used form of funding)
Mandates — requirements by the national government of the states
TOPIC 1.8
Enduring Understanding: Federalism reflects the dynamic distribution of power between national and state governments.
Foundational Documents (1)
Supreme Court Cases (2)
McCulloch v. Maryland (1819)
United States v. Lopez (1995)
Optional Readings: Daniel Elazar, “Opening the Third Century of American Federalism: Issues and Prospects" (1990)
Illustrative Examples: New Deal legislation, Defense of Marriage Act of 1996 and state marriage laws, No Child Left Behind Act of 2001, Violence Against Women Act of 1994 and United States
Learning Objective(s)
Explain how the balance of power between national and state governments has changed over time based on interpretations of the Supreme Court of the United States.
Essential Knowledge
The Due Process and Equal Protection Clauses of the Fourteenth Amendment give the national government the power to enforce protections for any person against the states, but Supreme Court interpretations can influence the extent of those protections.
The Commerce Clause gives the national government the power to regulate interstate commerce, but Supreme Court interpretations can influence the extent of this power.
The Necessary and Proper Clause gives Congress the power to make laws related to carrying out its enumerated powers, but Supreme Court interpretations can influence the extent of these powers.
The Supremacy Clause gives the national government and its laws general precedence over states’ laws, but Supreme Court interpretations may affect when specific actions exceed this constitutional power
TOPIC 1.9
Enduring Understanding: Federalism reflects the dynamic distribution of power between national and state governments.
Foundational Documents (0)
None
Supreme Court Cases (0)
None
Optional Readings: None
Illustrative Examples: None
Learning Objective(s)
Explain how the distribution of powers between national and state governments impacts policymaking.
Essential Knowledge
The allocation of powers between national and state governments creates multiple access points for stakeholders and institutions to influence public policy.
National policymaking is constrained by the sharing of concurrent powers with state governments.