All of my gov politics notes, court cases, founding docs, and random terms :) You got this!!
1st amendment
freedom of speech, press, petition, peaceable assembly, religion
2nd amendment
right to bear arms
3rd amendment
no quartering troops in times of peace
4th amendment
no unreasonable search of seizure (right to privacy)
5th amendment
due process: no self incrimination/ no double jeopardy
6th amendment
due process: speedy trial and council (attorney)
7th amendment
trial by jury in civil cases
8th amendment
no cruel and unusual punishment
9th amendment
people’s rights (if not denied/ you have it)
10th amendment
state’s rights (if powers aren’t given to fed of denied from states it goes to states)
11th amendment
suit concerning states
12th amendment
president and vice president are elected on separate ballots (running mate)
13th amendment
abolished slavery/involuntary servitude
14th amendment
right of citizens
15th amendment
universal black male suffrage
16th amendment
income tax
17th amendment
direct election of Senators
18th amendment
prohibition
19th amendment
women’s suffrage
20th amendment
changes presidential inauguration date (March 4 to January 20)
21st amendment
repealed prohibition
22nd amendment
president 2 terms only (or ten years)
23rd amendment
DC representation for presidential elections
24th amendment
no poll taxes
25th amendment
temporary president and line of succession
26th amendment
voting age is 18
27th amendment
congressional compensations
McCulloch v Maryland (1819)
Federalism, State can't sue a bank of the US
US v Lopez (1995
Federalism; Gun Free School Zone's Act regulating interstate commerce
Engle v Vitale
1st amendment establishment clause; prayer in schools (“It is vital to evangelicals to pray“)
Wisconsin v Yoder (1972)
1st amendment free exercise clause; Amish family (“Yo dare make me go to school“)
Tinker v Des Moines (1969)
1st amendment freedom of speech/expression; Vietnam War bands (“High schoolers tinkering in war“)
New York Times v US (1971)
1st amendment freedom of press; Pentagon Papers
Schenck v US (1919)
1st amendment freedom of speech; Espionage Act; draft dodger pamphlet (“Schneck was shirking the draft“)
Gideon v Wainwright (1993)
Selective incorporation 6th amendment right to council; must receive right to council (“Gideon has the Wainwright to council“)
Roe v Wade (1973)
selective incorporation right to privacy (4th amendment), right to abortion
McDonald v Chicago (2010)
Selective incorporation; 2nd amendment; cities can’t ban guns (“Old McDonald had a gun“)
Brown v Board of Education (1954)
14th amendment Equal Rights & Protections; “Separate but equal“ is not equal
Citizen’s United vs Federal Election Commission (2010)
Campaign Finance; Hilary: The Movie; Corporations are people too; 1st amendment Free Speech
Baker v Carr (1961)
One person one vote - Tennessee; Legislative Reapportionment (“Baker seems rural and carrs are in the city“)
Shaw v Reno (1993)
Racial gerrymandering; minority districts; 14th amendment (“Reno and racial“)
Marbury v Madison (1803)
Judicial Review
state
political unit with the power to make and enforce laws over a group of people in a clearly defined territory
Four Features of a State
Government, Territory/land, Population, Sovereignty (supreme power to act within its territory)
Three Systems of Gov
Unitary, Confederal, Federal
Unitary System of Gov
Power goes down (UK)
Confederal System of Gov
Power goes up (AOC)
Federal System of Gov
Power goes both ways (US)
Types of Gov
Autocracy, Monarchy, Oligarchy, Democracy, Republic
Philosophers
Hobbes, Locke, Rousseau, Montesquieu
Thomas Hobbes
Wrote Leviathan; people are selfish, without gov-->chaos, give up some rights for order (executive branch)
John Locke
Wrote Two Treaties of Gov; natural/God-given rights, gov exists to protect rights
Jean-Jacques Russoeau
Social contract, people are obligated to fix gov
Montesquieu
Wrote Spirit of Laws; 3 sections for checks and balances
Three Principles of DOI
Equality, Natural rights, Consent of the governed
Federalists
John Jay, James Madison, Alexander Hamilton
Different Types of Democracy
Participatory, pluralist, elite
Participatory Democracy
Direct democracy; everyone votes on everything, majority rules
Pluralist Democracy
interest groups; single issues per group (usually) ex. party system, NAACP
Elite Democracy
Representatives are chosen to act as trustees
AOC couldn't:
Tax, have standing army, have an executive branch, have national court system
Constitutional Convention
Philadelphia, 55 delegates, 12/13 states (No Rhode Island)
Plans
Virginia (Big states), New Jersey (Small states), Connecticut (Great)(Roger Sherman)
Two types of monarchy
Straight and Constitutional
Father of the Constitution
James Madison
Virginia (Big State) Plan
3 branches, bicameral legislation (Senate and House of Representatives), based on population
New Jersey (Small State) Plan
unicameral, equal representation
Great/Connecticut Compromise (Roger Sherman)
3 branches, bicameral legislation (House of Representative based on population and Senate equal)
When was the Constitution signed?
Sept 17,1787
Constitution ratification
9/13 states; 1789
Number of people in House of Representative
435
DOI Arguments
All men are, by nature, equally free and independent - Virginia Dec of Rights
Human beings are no naturally subordinate to each other - Hobbs
Equality is not a product of law or social construction
We have individual natural rights (life, liberty, pur of happiness, property, religion)
To secure rights, gov is instituted among men
Gov must have a criminal law to punish those who hurt others natural rights
To keep consent secure, separation of power, federalism, and BOR
federalism
sharing of power between state and federal/national government; not balanced, shared
Article I
Legislative Branch
Article II
Executive Branch
Article III
Judicial Branch
Article 4
Relations among the states (Full Faith and Credit Clause):
States will comply with other states laws (some registrations travel through states (marriage and drivers))
Article 5
Amendment Process: (2/3 cote of both houses to propose, then ratified through 3/4 of state legislature)
Article 6
National Supremacy
Article VII (7)
Ratification
Enumerated/Expressed Powers
Federal powers
Reserved Powers
State powers
Concurrent Powers
powers both share (tax)
Fiscal Federalism/Revenue sharing
Federal government using money (grants) to influence & control states
Grants-in-Aid Programs
How federal gov gives money for specific use
Categorical Grant
Type of federal grants-in-aid; made for some specific, closely defined, purpose (power to federal gov)
Block Grants
Federal grants-in-aid that allow states considerable discretion in how the funds are spent (power to state gov)
"Conditions of aid"
Fed gov supplies money with conditions; carrot and stick approach
Devolution
Returning of power from fed gov to state gov - more block grants
Types of Federalism
Dual federalism, cooperative federalism, new federalism (kinda)
Dual/Layer-cake Federalism
Distinct lines/differences between fed powers and state powers; limited government; founding → New Deal
Cooperative/Marble-cake Federalism
Mingling of responsibilities between the state and national government; Shared powers; indistinct
New Federalism
Basically just Dual Federalism (Ronald Reagan)
Extradition
States must deliver captured fugitive criminals back to state of original crime
priviledges and immunities clause
Article 4, Sec 2, clause 1 - Prevents a state from treating citizens from other states in a discriminatory manner
Commerce Clause
The clause in the Constitution (Article I, Section 8) allows Congress to "regulate commerce with other nations" and between states
Selective Exclusiveness
Idea that Congress can regulate only when the commodity requires national reform
McCulloch v. Maryland (1819, Marshall)
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
U.S. v. Lopez (1995, Rehnquist)
Congress passes a gun free zone act for schools. Makes it a crime to carry guns within 1000 ft. of a school. Lopez convicted of carrying a gun within 1000 feet and the court rules that acting like doing this is a direct affect on commerce is absolutely a stretch. Therefore, the law is unconstitutional
Clean Water Act (1972)
regulates discharge of pollutants into water