AP GOPO Exam Review

Marbury v. Madison (1803)

This case established judicial review, meaning the courts can strike down laws that conflict with the Constitution, and although the Court agreed Marbury deserved his commission, it could not issue the writ because the Judiciary Act of 1789 conflicted with Article III.

McCulloch v. Maryland (1819

This case established the supremacy of federal law over state law and confirmed that the federal government has implied powers under the Necessary and Proper Clause, allowing Congress to create a national bank while states cannot tax it.

US v. Lopez (1995)

This case limited federal power under the Commerce Clause by ruling that Congress had overstretched its authority, making it an example of devolution.

Gibbons v. Ogden

This case is an important precedent involving the interpretation of the Commerce Clause.

Schenck v. United States (1919)

This case held that the government can limit speech if it creates a “clear and present danger.”

Tinker v. Des Moines (1969)

This case held that symbolic speech is protected and that students retain constitutional rights in schools, although those rights have limits.

US v. NYT (1971)

This case held that the federal government cannot use prior restraint in cases involving national security unless it concerns ongoing operations.

Yoder v. Wisconsin (1972)

This case held that compulsory education laws do not outweigh an individual’s right to freely exercise religion.

Engel v. Vitale (1962)

This case held that state-sponsored prayer in public schools violates the Establishment Clause.

McDonald v. Chicago (2010)

This case held that the Second Amendment is incorporated and applies to state and local governments.

DC v. Heller

This case held that individuals have a constitutional right to bear arms.

Mapp v. Ohio (1961)

This case established the exclusionary rule, which prevents illegally obtained evidence from being used in court.

Gideon v. Wainwright (1962)

This case held that the Sixth Amendment guarantees the right to legal counsel and that this right cannot be denied.

Brown v. Board of Education (1954)

This case held that racial segregation in public schools violates the Equal Protection Clause and overturned Plessy v. Ferguson by declaring that separate is inherently unequal.

Baker v. Carr (1961)

This case established the principle of “one person, one vote” by requiring congressional districts to have roughly equal populations.

Reno v. Shaw (1993)

This case held that racial gerrymandering violates the Constitution.

Declaration of Independence

This document declares that all people have natural rights such as life, liberty, and the pursuit of happiness, explains the social contract, and justifies revolution against an unjust government.

Articles of Confederation

This document created a weak central government with no taxing power, required 9 out of 13 states to pass laws and unanimity to amend, and reflected a fear of centralized authority, which ultimately led to its failure after Shay’s Rebellion.

Federalist No. 10

Written by James Madison, this document argues that factions are inevitable and should be controlled by creating a large republic.

Federalist No. 51

Written by James Madison, this document explains that checks and balances and separation of powers are necessary to prevent tyranny.

Federalist No. 70

Written by Alexander Hamilton, this document argues for a strong, energetic executive led by a single president.

Federalist No. 78

Written by Alexander Hamilton, this document argues for an independent judiciary with lifetime tenure and establishes that judicial review is implied.

Letter from Birmingham Jail

Written by Martin Luther King Jr., this document argues that civil disobedience is necessary to preserve liberty and that “justice delayed is justice denied.”

Article I

establishes the legislative branch, creates a bicameral Congress, and outlines its enumerated powers in Section 8.

House of Representatives

The House is responsible for originating revenue bills because it is closer to the people

Legislative Process

requires that bills pass both houses of Congress, and the Senate allows the use of the filibuster.

Denied Powers

Congress cannot pass bills of attainder or ex post facto laws, must respect habeas corpus, cannot tax exports, and must apply taxes uniformly.

Article II

establishes the executive branch, including the President and Vice President, and outlines powers such as the veto, which can be overridden by a two-thirds vote in both houses.

Presidential Powers

The President serves as Commander-in-Chief, appoints officials with Senate approval, negotiates treaties with a two-thirds Senate vote, and can use executive agreements.

Impeachment

A President can be impeached by a majority vote in the House and convicted by a two-thirds vote in the Senate.

Article III

establishes the judicial branch and creates the Supreme Court of the United States, which interprets laws and the Constitution.

Supreme Court Structure

Congress has the power to increase the number of justices on the Supreme Court but cannot remove existing seats.

SCOTUS Jurisdiction

The Supreme Court has appellate jurisdiction and can hear cases involving disputes between two states, questions of constitutionality, and questions of federal law.

Jury Trials

All crimes brought to court are guaranteed a jury trial except for impeachment cases.

Treason Clause

Treason is the only crime specifically defined in Article III, Section 3 of the Constitution.

Article IV

outlines the relationship between the states and their responsibilities to one another.

Full Faith and Credit Clause

This clause requires states to recognize and respect the public acts, records, and judicial decisions of other states.

Fugitive Slave Clause

This clause required escaped enslaved people to be returned to their state of origin, but it is no longer relevant because slavery was abolished by the 13th Amendment.

State Formation

A new state cannot be created within the jurisdiction of an existing state unless new land or territories are used.

Article V

explains the process for amending the Constitution.

Amendment Proposal

An amendment can be proposed by a two-thirds vote in Congress or by conventions called by two-thirds of the states.

Amendment Ratification

An amendment must be ratified by three-fourths of the state legislatures (38 states), and the Constitution has been amended 27 times.

Article VI

establishes the Supremacy Clause, which states that federal law takes precedence over state law.

National Debt

The federal government assumes pre-existing debts to build trust and stability among the states.

Article VII

explains that the Constitution was ratified when 9 out of 13 states approved it, acknowledging that unanimous approval would be difficult under the Articles of Confederation.

Slavery in the Constitution

The Constitution referenced slavery in three ways: the Fugitive Slave Clause, the 20-year protection of the slave trade, and the Three-Fifths Compromise.

Amendment I

protects freedoms of speech, press, religion, assembly, and petition, including both the Establishment Clause and the Free Exercise Clause.

Amendment II

protects the right of individuals to bear arms.

Amendment III

prohibits the quartering of soldiers in private homes without consent.

Amendment IV

protects against unreasonable searches and seizures and requires warrants based on probable cause that are specific in describing the place and items involved and issued by a judge.

Amendment V

protects against double jeopardy and self-incrimination and guarantees due process of law, including the concept of dual sovereignty and rights established in Miranda v. Arizona.

Amendment VI

guarantees the right to a speedy trial and the right to legal counsel, as reinforced in Gideon v. Wainwright.

Amendment VII

guarantees the right to a jury trial in civil cases.

Amendment VIII

prohibits cruel and unusual punishment and excessive bail or fines.

Amendment IX

states that rights not specifically listed in the Constitution are retained by the people.

Amendment X

reserves powers not delegated to the federal government to the states and the people, reinforcing federalism.

Amendment XI

prevents citizens from suing another state in federal court.

Amendment XII

establishes separate elections for the President and Vice President.

Amendment XIII

abolished slavery in the United States.

Amendment XIV

establishes citizenship rights and includes the Equal Protection Clause and Due Process Clause, and it is the primary way the Supreme Court incorporates civil liberties and rights.

Amendment XV

guarantees that the right to vote cannot be denied based on race, and it is supported by the Voting Rights Act of 1965.

Amendment XVI

established the federal income tax, which is a progressive or graduated tax.

Amendment XVII

established the direct election of U.S. senators.

Amendment XVIII

established Prohibition.

Amendment XIX

granted women the right to vote.

Amendment XX

known as the “Lame Duck” Amendment and shortened the time between elections and when officials take office.

Amendment XXI

repealed Prohibition.

Amendment XXII

limits the President to two terms.

Amendment XXIII

granted Washington, D.C. electoral votes.

Amendment XXIV

banned the poll tax.

Amendment XXV

established procedures for presidential succession and disability.

Amendment XXVI

lowered the voting age to 18 in federal elections.

Amendment XXVII

states that congressional salaries cannot be increased during the current session.

Democracy

a system of government in which power is derived from the people.

Direct Democracy

a system in which all citizens vote directly on every issue or law.

Representative Democracy

a system in which citizens elect officials to make decisions on their behalf.

Popular Sovereignty

the principle that the government exists and derives its authority from the consent of the people.

John Locke

argued that people have natural rights, that government is based on a social contract, and that its main purpose is to protect life, liberty, and property.

Thomas Hobbes

believed that a strong central authority is necessary to maintain order and prevent chaos.

Jean-Jacques Rousseau

argued that the social contract should reflect the general will of the people and supported direct democracy as the best form of government.

Unitary Government

a system in which all political power is held by a central government and subnational units only have powers given to them by the center.

Federal Government

A federal system is one in which power is divided and shared between a national government and state or regional governments.

Confederacy

a system in which a weak central government depends on the states, which hold most of the power.

Presidential vs Parliamentary System

A presidential system separates executive and legislative powers, while a parliamentary system combines them and selects the executive from the legislature.

Federalism

the division of power between national and state governments.

Dual Federalism

a system in which federal and state governments operate separately with distinct responsibilities.

Cooperative Federalism

a system in which federal and state governments work together and share responsibilities.

Competitive Federalism

a system in which states compete with one another for federal funding and resources.

Block Grants

federal funds given to states for broad policy areas with fewer restrictions.

Categorical Grants

federal funds given for specific and narrowly defined purposes.

Project Grants

federal funds awarded to specific individuals or organizations, such as universities or research institutions.

Unfunded Mandates

federal requirements that states must follow without receiving funding to implement them, such as the ADA or Clean Air Act.

Devolution

the process of returning power from the federal government to the states.

Initiative

a process that allows citizens to propose legislation and place it on the ballot for a vote.

Referendum

a process that allows citizens to approve or reject laws passed by a legislature.

Recall

a process that allows voters to remove an elected official from office before their term ends.

Virginia Plan

a government with three branches and a bicameral legislature based on population.

New Jersey Plan

a unicameral legislature with equal representation for each state.

Connecticut Compromise

created a bicameral legislature with proportional representation in the House and equal representation in the Senate.

Public Opinion

refers to the distribution of individual attitudes about issues, candidates, and policies.