AP GOV Required Documents, Cases, Amendments, and Clauses

Declaration of Independence

Declaration of Independence

Signed in 1776 by US revolutionaries; it declared the United States as a free state and free from British control.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

U.S. Constitution

A document that embodies the fundamental laws and principles by which the United States is governed.

Brutus 1

This work by a prominent Anti-Federalist argued that that the new federal government would be too powerful. In particular, he pointed to the necessary-and-proper clause and the supremacy clause. He felt this powerful new government would suppress the states.

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Federalist 51

Argued in support of a government that has separation of powers and checks and balances.

Federalist 70

Hamilton argued that energy in the executive is a leading character in the definition of good government. A feeble executive implies a feeble execution of the government.

Federalist 78

A limited Constitution requires an independent judiciary to check legislative actions; courts have a duty to make sure laws adhere to the Constitution.

"Letter from a Birmingham Jail,"

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more white Christians didn't speak out against racism.

Marbury v. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress.

McCulloch v. Maryland

1819 case where the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.

Schenck v. United States

This decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present danger" test.

Brown v. Board of Education

In this case, the Court ruled 9-0 that the equal protection clause of the Fourteenth Amendment prohibited segregation in public schools and other public facilities, overturning the Court's "separate but equal" decision in Plessy V. Ferguson.

Baker v. Carr

Case where Baker opposed state and court establishes the principle of "one man, one vote," by declaring that legislative districts must be as near as possible in population (protects against aggressive gerrymandering).

Engel v. Vitale

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.

Gideon v. Wainwright

The Supreme Court held that all defendants in serious criminal cases are entitled to legal counsel, so the state must appoint a free attorney to represent defendants who are too poor to afford one.

Tinker v. Des Moines

The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.

New York Times v. United States

In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security.

Wisconsin v. Yoder

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs and 1st Amendment's protection of freedom of religion.

Shaw v. Reno

No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

United States v. Lopez

The Supreme Court held in 1995 that while Congress had broad lawmaking authority under the Commerce Clause, it was not unlimited, and did not apply to something as far from commerce as carrying handguns.

McDonald v. Chicago

The court incorporated the Second Amendment ruling that the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

Citizens United v. Federal Election Commission

This 5-4 decision established that corporations have a First Amendment right to, without limits, expressly support political candidates for Congress and the White House which resulted in a rise of outside spending (soft money) by SuperPacs.

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Second Amendment

Right to bear arms

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

15th Amendment

U.S. cannot prevent a person from voting because of race, color, or creed

16th Amendment

Amendment to the United States Constitution (1913) gave Congress the power to tax income.

17th Amendment

Direct election of senators

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

19th Amendment

Gave women the right to vote

22nd Amendment

Limits the president to two terms.

24th Amendment

Abolishes poll taxes

25th Amendment

(1) Succession of VP if president dies or become incapable to do his job.(2) if there is no VP, president must appoint one, and congress must approve

26th Amendment

Lowered the voting age from 21 to 18

Article 1 of the Constitution

Legislative Branch (Congress)

Article 2 of the Constitution

Section of the Constitution laying out powers and responsibilities of the Executive Branch

Article 3 of the Constitution

Section of the Constitution laying out powers and responsibilities of the Judicial Branch

Article 4 of the Constitution

Outlines the rights and expectations for all states and citizens including the adding of new states

Article 5 of the Constitution

Outlines the process for amending or changing the Constitution

Article 6 of the Constitution

Supremacy Clause - clearly states that national law will be supreme over state law

Article 7 of the Constitution

Outlines the process for ratification of the Constitution

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Privileges and Immunities Clause

prevents a state from treating citizens of other states in a discriminatory manner.

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Dual Federalism (Layer Cake)

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Cooperative Federalism (Marble Cake)

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Devolution

Transferring responsibility for policies from the federal government to state and local governments.

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

categorical grants

Federal grants for specific purposes, such as building an airport

John Locke

English philosopher who advocated the idea of a "social contract" in which government powers are derived from the consent of the governed and in which the government serves the people; also said people have natural rights to life, liberty and property. (Second Treatise of Civil Government)

Thomas Hobbes

English materialist and political philosopher who advocated absolute sovereignty as the only kind of government that could resolve problems caused by the selfishness of human beings. (The Leviathan)

Baron de Montesquieu

French aristocrat who urged that power be separated between executive, legislative, and judicial branches, each balancing out the others, thus preventing despotism and preserving freedom. (The Spirit of the Laws)

Jean-Jacques Rousseau

A French man who believed that Human beings are naturally good, free, and can rely on their instincts. Government should exist to protect common good, and be a democracy. (The Social Contract)

Block Grants

Federal Grants for broad purposes without strings attached.