AP US Government Midterm

Articles of Confederation

Federal government was weak and the state government was disproportionately strong

Problems:

Only one branch of the federal government(Congress)

No president no federal Court

Congress had no power to raise revenue through taxes

Congress had no power to raise an army(no money to pay an army)

Federalist No. 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 No. 51

an essay in which Madison argues that separation of powers and federalism will prevent tyranny

Brutus No. 1

An Anti-Federalist essay which argued against a strong central government based on the belief that it would not be able to meet the needs of all US citizens.

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 Christians didn't speak out against racism.

US v. Lopez(1995)

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Shaw V. Reno(1993)

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

Baker V. Carr(1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.

Brown V. Board of Education(1954)

SCOTUS case that ruled state-sanctioned segregation of public schools was a violation of the 14th amendment and was therefore unconstitutional(Overturned Plessy V. Ferguson)

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

McCulloch V. Maryland(1819)

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

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment right to bear arms to the states

Schenck v. United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment

Engel V. Vitale(1962)

Constitutional Concept:

Does the reading of a nondenominational prayer at the start of the school day violate the establishment clause(religion) of the First Amendment?

Holding:

Yes. Declared school sponsorship of religious activities violates the establishment clause(6-1)

Constitutional Clauses

Supremacy Clause (Constitution)

Reservation Clause (Bill of Rights)

Commerce Clause (Constitution)

Necessary and Proper (Constitution)

Full Faith and Credit (Constitution)

Privileges and Immunities (Constitution)

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.

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

Full Faith and Credit Clause

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

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.

Federalism

A system in which power is divided between the national and state governments

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

House of Representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population(435)

US Senate

a part of Congress; based on a equal number.(2 from each state, 100 members)

Bureaucratic Powers

- Enforce laws

- Make rules

- Adjudicate disputes

- Pseudo-judicial

- Private v. government

Standing Committees

Separate subject-matter committees in each house of Congress that handle bills in different policy areas.

Congressional Oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

Budget

A plan for making and spending money

Public Hearings

proceedings that are open to the public. During these proceedings, evidence is considered and then a decision is reached based on this evidence.

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue(Only happens in the Senate)

Presidential Cabinet

group of officials who head government departments and advise the President

Presidential Staff

trusted senior advisors counsel President on nearly every important issue: domestic & foreign

Presidential Powers

1. runs executive branch 2. commander and cheif or military 3. makes treaties 4. appoints government officials 5. Vetos laws 6. cangrant pardon to people convicted of crimes

Bully pulpit

the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals

Union Address

The President suggests his legislative agenda to Congress via the State of the _____.

Agencies

An organization, company, or bureau that provides some service for another

Confirmation hearings

Constitution requires congress to confirm presidential appointees to high government posts.

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Majority Opinion

a statement that presents the views of the majority of supreme court justices regarding a case

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Judicial Activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

Judicial Restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Jurisdiction

(n.) an area of authority or control; the right to administer justice

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Veto

a constitutional right to reject a decision or proposal made by a law-making body.

Confirmation

The main part of a text in which logical arguments in support of a position are elaborated.

Impeachment

A formal document charging a public official with misconduct in office

Iron Triangle

A close relationship between an agency, a congressional committee, and an interest group

Amendment 1

Freedom of Religion, Speech, Press, Assembly, and Petition

Amendment 2

Right to bear arms

Amendment 4

Freedom from unreasonable searches and seizures

Amendment 5

due process, double jeopardy; self incrimination

Amendment 6

Right to a speedy and public trial

Amendment 8

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

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."