AP Government & Politics Review

Three Branches of U.S Government

Three Branches of U.S Government

Executive, Legislative, Judicial

Article 1 of the Constitution

Grants all legislative power to Congress

Federalism

Division of power between federal and state governments

Supremacy Clause

Makes the Constitution and federal laws superior to state laws

1st Amendment

Guarantees freedom of speech, press, assembly, petition, and religion

2nd Amendment

Protects the right to keep and bear arms

3rd Amendment

Forbids the quartering of soldiers in private homes

4th Amendment

Ensures protection against unreasonable searches and seizures

4 Ways Laws are Changed

Congress decision (bills), Supreme Court Decision, Constitutional Amendment, Executive Order

Marbury v. Madison (1803)

U.S Supreme Court ruled an act of Congress unconstitutional, establishing the principle of Judicial Review

Judicial Review

the power of federal courts to declare laws and government actions invalid when those laws or actions conflict with the constitution

McCulloh v. Maryland (1819)

allows a National bank to exist because of Article 1 Section 8 of the Constitution (necessary and proper clause - Congress has power to collect taxes, and provide for the common welfare and defense of the U.S)

Supremacy Clause

the clause within the Constitution that makes the Constitution and federal laws stemming from it authoritative over all other laws

Worcester v. Georgia (1832)

States did not have the right to impose regulations on Indian land. President Andrew Jackson ignored the decision and continued to pass legislation that damaged the Indian reservations - first time a President ignored a Supreme Court decision 

• Cherokee Indians were still kicked off of their reservation with the “Trail of Tears”

Dred Scott v. Sandford (1857)

The U.S Constitution did not extend American citizenship to people of black African descent, and therefore could not enjoy the same rights as U.S citizens

Near v. Minnesota (1931)

The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment)

Gibbons v. Ogden (1824)

Federal government has the power to regulate interstate commerce, not the states

Mapp v. Ohio (1961)

Evidence that was obtained illegally cannot be used in trial as it violates the fourth amendment, and applies to both federal and state governments

Miller v. California (1973)

Clarified the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value"

Nixon v. USA

Determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if there was no applicable judicial standard

Roe v. Wade (1973)

Determined that abortion is constitutionally protected

Obergefell v. Hodges (2015)

Allowed same-sex marriage

Dobbs v. Jackson (2022)

Overturned Roe v. Wade

Gideon v. Wainwright (1963)

The sixth amendment of the U.S Constitution requires states to provide criminal defendants with an attorney if they’re unable to afford one

Miranda v. Arizona (1966)

Law enforcement must inform someone of their Constitutional rights before interrogating them, or else any information gained cannot be used in trial

Miller v. Alabama (2012)

Mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders

Roper v. Simmons (2005)

Unconstitutional to impose capital punishment for crimes committed by those under the age of 18.

Gregg v. Georgia (1976)

Reaffirmed the Supreme Court's acceptance of the use of the death penalty

Tinker v. Des Moines (1969)

You can dress and say whatever you want in school as long as it doesn’t distract from education

Masterpiece CakeShop v. Colorado (2018)

Private businesses may refuse service to others based off of personal religious beliefs

Brown v. Board of Education (1954)

In public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.

Schenck v. US (1919)

Established “clear and present danger” which made it so that speech that incites violence or posed some risk to the public or nation is not protected by the First Amendment

Bethel v. Fraser (1986)

Schools have the right to suppress student speech that is considered lewd or indecent, even if not obscene, in the interest of preserving a safe educational environment

Regents of Cal Berkeley v. Bakke (1978)

Race can be a factor for admission to college but it cannot be the sole factor

Plessy v. Furguson (1896)

separate but equal. Up to the States to enforce equality - allowed Jim Crow Laws to continue

Engel v. Vitale (1962)

Unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment

NY Times v. Sullivan (1964)

The freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation

Loving v. Virginia (1967)

 Laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the 14th Amendment

Brandenburg v. Ohio (1969)

the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"

Buckley v. Valeo (1976)

Ruled that the Federal Election Campaign Act of 1971, which limited election expenditures was unconstitutional

Texas v. Johnson (1989)

Burning of the American flag is protected by the 1st Amendment, as doing so is considered symbolic speech and political speech

Citizens United v. FEC (2010)

the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.

Baker v. Carr (1962)

 Tennessee citizens sued the state because they said that the state had not redrawn district lines since 1901. Decision allowed the Judiciary to vote on legislative apportionment.

Shaw v. Reno (1993)

Redistricting may take race into account but it cannot be the primary consideration when deciding district lines.

McDonald v. Chicago (2010)

Chicago residents were not allowed to buy a hand gun for home defense as Chicago has banned hand guns in 1982. Residents sued the city for violating their second amendment rights. The court decided that laws restricting citizens access to bear arms was unconstitutional. Decided based on the 14th Amendment that said that states could not deprive citizens of rights established by the constitution.

5th Amendment

No self incrimination or double Jeopardy (being tried for the same crime twice)

6th Amendment

Right to a speedy and public trial

7th Amendment

Right to a trial by jury of your peers

8th Amendment

No cruel or unusual punishment or excessive fines/bails

9th Amendment

Any right not listed in the constitution is given to the people

10th Amendment

Any power/right not given to the federal government is given to the states

11th Amendment

Prohibits the federal courts from hearing certain lawsuits against states

12th Amendment

President and Vice President are elected on the same ballot and the electoral college is in charge of electing both.

13th Amendment

Abolished slavery

14th Amendment

Equitable due process of law for everyone including formally enslaved people.

15th Amendment

Right to vote may not be denied because of race

16th Amendment

Right for Congress to implement an income tax

17th Amendment

Direct election of U.S senators by the people

18th Amendment

Prohibition

19th Amendment

Women get the right to vote

20th Amendment

President is sworn into office on January 20th after the election year

21st Amendment

Ended prohibition

22nd Amendment

President gets two terms in office or up to 10 years

23rd Amendment

Washington D.C gets 3 electoral college votes

24th Amendment

No poll taxes

25th Amendment

Succession of power. President → Vice President → Speaker of the House

26th Amendment

Lowered the voting age to 18

27th Amendment

Congress must wait until after the next election of representatives to increase pay

Federalist 10

A large republic would be the most effective at minimizing the negative effects of factions.

Brutus 1

Anti-federalist paper meant to discourage the passing of the Constitution. Federal government would have too much power and would take rights away from people. Bill of rights needed to protect the liberties of the people. Congress possessed too much power with the elastic clause, taxation and a standing army.

Declaration of Independence

All people are created equal (natural rights) and governments are created to protect these rights.

Articles of Confederation

Extremely limited and weak central government (could not collect taxes or have a standing army). Shay’s Rebellion showed the weaknesses of this.

Constitution

Three branches of government with separation of power and checks and balances. Constitution would be the supreme law of the land. Constitution emerged after the weaknesses of the Articles of Confederation were highlighted.

Federalist 51

Proposes a government split up into three branches with checks and balances on each other. Argued that the Legislative branch should be split into the House and Senate because it was so powerful.

Federalist 70

Justifies the strength of the executive branch by arguing the slow moving Congress will be best-balanced by a quick and decisive executive. Argued for a term length of presidents.

Federalist 78

The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.

Letter from Birmingham Jail

Said that it is up to the oppressed to take charge and demand equality. Segregation laws are immoral in the eyes of God and therefore do not need to be followed. Equal protection clause of the 14th Amendment support the advancement of equality.