AP Government: Amendments, Cases, and Documents

Declaration of Independence

Written by Thomas Jefferson, provides foundation of popular sovereignty (idea that gov. exists to serve people who elect representatives to express their ideas), list of grievances against British crown, and expressed enlightenment ideas (all humans are born with natural rights of liberty/property)

Articles of Confederation

1st constitution with many problems:

-weak central government with state power > federal power

-national government couldn’t impose taxes

-no branches besides legislative

The Constitution

A stronger constitution than Articles, the supreme law

Article I: (longest) legislative, Congress regulates interstate commerce and roads, Necessary & Proper Clause

Article II: executive, Presidential powers are checked by Congress

Article III: judicial, Establishes Supreme Court

Article V: amendment process (proposed by 2/3 vote in Congress, ratified by ¾ vote in States)

Article VI: supremacy clause- federal law is supreme over state law

Amendment Song! (Bill of Rights)

Rapps, arms, quarter, search, grand jury decision

Public trial, jury trial, cruel, there’s more than listed

Ones not given to the nation are reserved for state ambition

1st Amendment

Rapps- religion, assembly, press, petition, speech

2nd Amendment

Arms- right to bear arms

3rd Amendment

Quarter- right to not quarter soldiers during time of war

4th Amendment

Search- right of protection from unreasonable search, police must have a warrant from judge

5th Amendment

Grand jury decision- no person can be tried for a serious crime without a grand jury decision

6th Amendment

Public trial- right to a public trial with a jury, attorney, and witness

7th Amendment

Jury trial- right to a jury trial in a civil case

8th Amendment

Cruel- no person will face excessive fines or cruel and unusual punishment from court

9th Amendment

There’s more than listed- people have more rights than those listed that cannot be violated by government

10th Amendment

Ones not given to the nation are reserved for state ambition- all powers not given to national government are reserved for the states

Federalist 10

Written by Madison, written to convince Americans to ratify the constitution through:

Claiming factions* may be controlled through a large republic with representative democracy, as an increase of diversity of interests makes it difficult for a single faction to gain majority, preventing tyranny!

*Factions- group of citizens unified by a shared interest

Brutus 1

Anti-federalist writing against ratifying the constitution:

Argued large republics are too powerful

citizens are too removed from representatives

Necessary and Proper Clause gives too much power to federal government (Congress)

Federalist 51

Written by Madison

Argued separation of powers, checks & balances will prevent tyranny

EXAMPLES:

President can veto legislation passed by Congress

Congress can override a veto w/ a 2/3rds vote

Senate confirms Pres. judge nomination

Supr. Court can rule laws made by Congress unconstitutional

Pres. may refuse to implement Supr. Court decision

Federalist 70

Written by Hamilton

A single president in the executive branch is easier to monitor and hold accountable

• faster in times of crisis to make decision

• Only has 4 year term subject to impeachment

Federalist 78

Written by Hamilton

judges are free from political pressure & therefore use “neither force nor will but merely judgement” when interpreting laws to ensure they don’t violate the constitution

Free from political pressure SINCE

judges serve for lifetime appointments as long as they maintain good behavior (don’t have to be reelected like legislators do)

Letter from a Birmingham Jail

Written by MLK Jr.

He argued individuals had a moral responsibility to disobey unjust laws

Peaceful protests = NECESSARY TENSION to confront civil rights

Time is NOW

Marbury v. Madison

Article III separation of powers

Established judicial review (court may strike laws if unconstitutional)

“Who decides what the Constitution means?”

Engel v. Vitale

1st Amendment- Establishment Clause

School sponsored prayer is unconstitutional in public schools

Establishment Clause

1st Amendment

Prevents government from supporting 1 religion

Free Exercise Clause

1st Amendment

Allows the right to freely exercise religion as long as it doesn’t harm or endanger another person

Due Process Clause

14th Amendment

States cannot deny your fundamental rights without due process of law

(BASIS OF SELECTIVE INCORPORATION)

Equal Protection Clause

14th Amendment

Basis of court rulings in equal rights cases

(Title IX, Americans with Disabilities Act)

Wisconsin v. Yoder

1st Amendment- Free Exercise Clause

States cannot force Amish families to put their children into public education if it interferes with their religious practices & isn’t causing harm to others if children drop out

Tinker v. Des Moines

1st Amendment- Speech

Student speech is protected unless it causes disruption or harm to others

Black armbands were worn by students to speak against the Vietnam War

New York Times v. U.S.

1st Amendment- Press

Prior restraint (stopping publication ahead of time) is unconstitutional

Schenck v. U.S.

1st Amendment- Speech

Speech may be restricted when it presents a clear and present danger

(Promoting resistance to the military draft)

Gideon v. Wainright

6th Amendment & 14th Amendment- Due Process

States must provide an attorney to defendants in felony cases

(Right to counsel + incorporating federal law into state)

Brown v. Board of Education

14th Amendment- Equal Protection Clause

Separate educational facilities are unequal since it created inferiority among minority students

(Example of reversal of Precedent, equal protection in civil rights)

Shaw v. Reno

14th Amendment- Equal Protection

Racial-based gerrymandering with bizarre shapes can violate equal protection

McDonald v. Chicago

2nd Amendment and 14th Amendment- Due Process

States cannot ban handguns since right to self defense is fundamental

(Selective incorporation=Due Process)

Baker v. Carr

14th Amendment- Equal Protection

Redistricting is subject to court review

U.S. v. Lopez

Commerce Clause

Possessing a handgun is not economic and doesn’t effect interstate commerce- restricting federal power

McCulloch v. Maryland

Supremacy Clause, Necessary and Proper Clause

States cannot tax a federal entity and congress can create a National Bank

Increases federal power!!

Citizens United v. FEC (Federal Election Commission)

14th Amendment- Equal Protection & 1st Amendment- Speech

Government cannot limit independent spending by corporations and unions (SuperPACs can raise and spend independently to influence election, PACs can donate directly but limited to $5000)

Enumerated powers

In the Constitution (Only Congress may declare war, tax- “power of the purse”) for national government

Implied powers

Powers of Congress given via Necessary and Proper Clause

(Shown in McCulloch)

Concurrent powers

Both national and state powers (Taxing)

Reserved powers

10th Amendment (Divorce laws)

Denied powers

Writ of Habeas Corpus- forces authorities to bring a prisoner before a judge to prove they’re being held lawfully

Ex Post Facto Laws- cannot be punished for past illegal activity

Bill of Attainder Laws- cannot be punished without trial