Unit 1 · 15–22% of the exam
Foundations of American Democracy
The philosophical underpinnings of the Constitution: democratic ideals, forms of representative democracy, the failure of the Articles of Confederation, the Constitutional Convention's compromises, separation of powers, and federalism.
What this unit tests
- ▸ Natural rights, popular sovereignty, social contract
- ▸ Participatory, pluralist, and elite models of democracy
- ▸ Checks and balances and separation of powers
- ▸ Federalism and the division of power between nation and states
Live legislation demonstrating this unit (6)
An act to provide for reconciliation pursuant to title II of H. Con. Res. 14.
How far does Congress's Article I taxing-and-spending power reach when exercised through budget reconciliation — a process that needs only 51 Senate votes but is limited by the Byrd Rule to budgetary provisions?
Laken Riley Act
Two questions: does mandatory federal detention of noncitizens arrested for (not convicted of) theft-related crimes satisfy Fifth Amendment due process — and can Congress hand states standing to sue the federal government over immigration enforcement decisions, inverting the usual rule that immigration is exclusively federal?
SAVE Act
Under the Elections Clause, can Congress require documentary proof of citizenship to register for federal elections — effectively reversing Arizona v. Inter Tribal Council (2013), where the Court read the existing National Voter Registration Act to preempt exactly such a state requirement?
Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II; Waiver of Preemption; Notice of Decision".
Layered: (1) federalism — the Clean Air Act has let California set stricter vehicle rules since 1967, which a dozen states adopt, making Sacramento a de facto national regulator; (2) separation of powers — Congress used the Congressional Review Act on a waiver that GAO and the Senate parliamentarian said was not a 'rule,' expanding the CRA's kill-switch beyond its understood limits.
21st Century ROAD to Housing Act
Article I, Section 7 in live action: the President refused to sign, demanding Congress first pass an unrelated voter-ID bill — and the Constitution called the bluff. Ten days after presentment (June 29), with Congress in session, the bill became Public Law 119-101 at midnight July 11, and the official record reads 'Sent to Archivist of the United States unsigned.' Had Congress been adjourned, the same inaction would have been a pocket veto. Underneath sits a Unit 1 question: federal law can fund and nudge housing supply, but the binding constraint — local zoning — belongs to a level of government Congress cannot commandeer.
Constitutional Concealed Carry Reciprocity Act of 2025
If McDonald v. Chicago makes armed self-defense a fundamental right nationwide, may Congress require every state to honor every other state's concealed-carry permits — including permitless-carry states' standards — inside New York City and Los Angeles? And under which power? The commerce rationale must survive the very limits United States v. Lopez imposed on federal gun legislation, producing a rare alignment where each coalition argues the other side's usual federalism position.
Required documents in this unit (8)
Thomas Jefferson · 1776
Declaration of Independence
Second Continental Congress (drafted by John Dickinson) · 1781
Articles of Confederation
Constitutional Convention (drafted by James Madison) · 1787
U.S. Constitution
James Madison · 1787
Federalist No. 10
Anti-Federalist (likely Robert Yates) · 1787
Brutus No. 1
James Madison · 1788 · NEW Fall 2026
Federalist No. 39
James Madison · 1788
Federalist No. 51
Abraham Lincoln · 1863 · NEW Fall 2026
The Gettysburg Address
Required cases in this unit (2)
1819
McCulloch v. Maryland
Congress has implied powers beyond those enumerated, and states cannot tax (or otherwise impede) legitimate federal institutions.
1995
United States v. Lopez
First case in 60 years to strike a federal law as exceeding the commerce power — gun possession near schools is not economic activity.