AP Gov Final

Why did the Articles of Confederation fail?

too many limits on the national government; too weak

commerce clause

gives Congress the power to regulate commerce among the states, with foreign nations, and among Indian tribes, through Article 1, section 8 of the Constitution.

elastic clause

gives Congress the right to make all laws "necessary and proper" to carry out its expressed powers

enumerated powers

powers specifically given to Congress in the Constitution

Federal Questions clause

in order for federal question jurisdiction to exist, the cause of action must arise under federal law

Supremacy Clause (Article VI)

Federal law is supreme over state law

mechanism of impeachment

HOR sends articles of impeachment to the Senate, who then sit on High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official

the amendment process

amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. THEN amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states

1st Amendment

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

2nd Amendment

right to bear arms

4th Amendment

freedom from unreasonable searches and seizures

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

9th Amendment

rights not listed in the Constitution belong to the people.

10th Amendment

federal government only has the specific powers granted in the Constitution

13th Amendment

outlaws slavery

14th Amendment (important; equal protection clause)

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

17th Amendment

removed from state legislatures the power to choose U.S. Senators and gave that power directly to voters in each state

19th Amendment

women's suffrage right

22nd Amendment

Limits the president to two terms.

25th Amendment

Succession of VP if president dies or become incapable to do his job.

26th Amendment

lowered the voting age to 18

Fed 10

Madison argues a strong republic is needed to guard us from the rise of factions

Fed 51

Madison argues for checks and balances, separation of powers

Fed 70

Hamilton argues for a single executive to carry out US Law

Fed 78

Hamilton describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes

Brutus 1

It is impossible to have a large, heterogenous republic and have a stable government, the national government's powers are too extensive, especially the elastic clause

Madbury v. Madison (1803)

established judicial review

McCulloch v. Maryland (1819)

SCOTUS ruling based on Supremacy Clause; no state can tax institutions created by Congress - MD attempted to tax 2nd BUS; federalism and popular sovereignty

U.S. v. Lopez (1995)

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

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause

establishment clause

Clause in the First Amendment that says the government may not establish an official religion.

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Tinker v. Des Moines (1969)

Guaranteed a student's right to protest (wearing armbands); free speech, symbolic speech

NYT Co v. US (1971)

Court upheld the "no prior restraint" rule against U.S. in favor of the NYT being able to publish documents that did not rise to a level of national security

prior restraint

censorship of a publication

Schneck v. US (1919)

speech can be limited if it is considered a "clear and present" danger

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings; 6th right to counsel

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment; 14th due process, and right to privacy

McDonald v. Chicago (2010)

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

Brown v. Board of Education (1954)

Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

Citizens United v. FEC (2010)

corporations have a 1st Amendment right to expressly support political candidates for Congress and the White House; free speech, campaign finance

Baker v. Carr (1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; 14th equal protection, reapportionment

reapportionment

the process of reassigning representation based on population, after every census

Shaw v. Reno (1993)

NO racial gerrymandering

Hammer v. Dagenhart (1918)

The Supreme Court declared the Keating-Owen Child Labor Law unconstitutional. Keating-Owen had prohibited the shipment in interstate commerce of products made with child labor.

NLRB v. Jones and Laughlin Steel Corp. (1937)

Supreme Court case that ruled the Wagner Act was constitutional.

Ended the Supreme Court's efforts to strike down New Deal legislation.

Wagner Act (1935)

protected union rights

Reynolds v. Sims (1964)

Held that "one person, one vote" must apply to apportionment of both houses of a state legislature.

Palko v. Connecticut (1937)

Provided test for determining which parts of Bill of Rights should be federalized - those which are implicitly or explicitly necessary for liberty to exist; the double jeopardy case

Mapp v. Ohio (1961)

Evidence illegally gathered by the police may not be used in a criminal trial

Miranda v. Arizona (1966)

5th Amendment self-incrimination clause requires government agents to warn suspects of their Miranda rights

Brandenburg v. Ohio (1969)

speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take action

Griswold v. Connecticut (1965)

Established that there is an implied right to privacy in the U.S. Constitution

Obergefell v. Hodges (2015)

Struck down state bans on same sex marriage; 14th Amendment

Dobbs v. Jackson Women's Health Organization (2022)

ruled that the court held that the Constitution of the United States does not confer a right to abortion

Brown II (1955)

the court delegated the task of carrying out school desegregation to district courts with orders that desegregation occur "with all deliberate speed,"

FECA

Federal Election Campaign Act (1971) increased disclosure of contributions for federal campaigns. Amended to place legal limitations on campaign contributions. Distinguished between hard money for candidates and soft money for campaigns

FOIA

Freedom of Information Act, requires disclosure of all governmental information unless exempt under Act.

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Locke’s 2nd Treatise of Civil Government

state of nature, social contract, right to revolution, toleration, private property rights, purpose of government; life, liberty, and property

Locke and the Declaration of Independence

natural rights, purpose of government, right to revolution, social contract, equality, private property

Bipartisan Campaign Reform Act (BCRA)

regulate the campaign financing, in response to concerns about the influence of soft money; restrictions on political parties, prohibited the use of soft money for certain activities, and imposed disclosure requirements

due process clause

states can’t take life, liberty, property without due process of law