AP Gov Review Unit 1

Red=Vocab; Blue=Law/Clause; Yellow=Documents; Green=SCOTUS Cases; Purple=Examples

Factions

Political group or a group that can be political

Feared by govn’t as a threat to democracy, therefore purpose of govn’t is to control factions

Great (Connectict) Compromise

Bicameral legislature compromise as a combination of the NJ and Virginia Plans

New Jersey Plan

Equal representation in senate

Benefits small states

Virginia Plan

Representation based on population in the HOR

Benefits larger states

Changes every 10yrs

3/5 Compromise

3/5 of each enslaved person could be counted for representation

Benefited states in the south bc they had a lot of enslaved persons

Popular Sovereignty

Govn’t is ligitimate bc it was created with the consent of the people

Limited govn’t

Checks on each branch of the govn’t

Separation of Powers

Legislative Branch makes the law

Judicial Branch interprets the law

Executive Branch enforces the law

Judicial Review

Judges can deem laws or executive orders unconstitutional

Established in Marbury v. Madison

Writ of Habeas Corpus

When arrested, you must me brought up with charges and put in front of judge

Can be suspended in times of crisis

Bill of Attainder

Congress declares a group/individual guilty without a trial

NOT ALLOWED ANYMORE

Ex Post Facto Laws

Retroactive laws are not allowed

If an act becomes illegal, you cannot be tried if the act was committed when it was legal

Full Faith and Credit

States must recognize the other states’ laws

Ex: Can’t be arrested in New Jersey for driving with a New York license

Supremacy Clause

If 2 laws are in conflict, federal laws are supreme

Established in the McCullogh Case

Privileges and Immunities

All states must treat people from other states equally

Ex: In New York, everyone pays the NY state tax

Federalism

Separation between state and federal govn’t

About layers of govn’t which have multiple jurisdication over the same people

Enumerated Powers

Listed in the constitution

Implied Powers

Not listed in the constitution but is assumed

McCulloh v. Maryland

Ex: Establish national bank

Inherent Powers

Powers of the govn’t that it derives as a sovereign nation

Recognized by foreign govn’ts

Reserved Powers

Not listed in the constitution

10th Amendment

Ex: Marriage license, driving license, education, police power

Enumerated Powers of Congress

Declare War

Power of the Purse

Ratify Treaties (Senate)

Confirm Nominations (Senate)

Make Laws

Impeach (HOR presents charges; Senate conducts the trial)

Powers of POTUS

Commander in Chief=deploy army

Make appointments

Chief Diplomat

Can Veto (can be overturned by 2/3 vote in senate)

Make a State of the Union Address

Chief Executive

Dual Federalism

Federal and State govn’t are separate and supreme in its own sphere

Cooperative Federalism

“Marble Cake”- Shared responsibility

Both govn’t rules on issues

Fiscal Federalism

Use of federal $ to control states

“Carrot and Stick” Method: States lose $ if they don’t abide by strings attached

Categorical Grant

$ for a specific purpose

Ex: Title 1 $ must be spent on reading

Block Grants

$ for a purpose with “no strings attached”. States decides how to spend it, federal govn’t says on what to spend it on

Ex: Welfare

Formula Grants

$ given to states based on a formula

Mandate

An order by the federal govn’t through legislation and the states must follow

Little or no $ from the federal govn’t

Unfunded Mandate

No $ from federal govn’t, a law is passed and states must follow

Ex: Americans with Disabilities Act

Devolution

The process by which the federal govn’t gives power back to the states

Ex: Welfare return was a categorical grant and now its a block grant

Formal Ways to Amend the Constitution

1. Propose by a 2/3 vote in each house

2. Ratify with ¾ states approval

Informal Ways to Amend the Constitution

An unwritten constitution

Through political parties, tradition, political practice, judicial decision/interpretation (Griswold v. CT established the right to privacy)

Commerce Clause

Regulate interstate commerce

It has been stretched (controversial)

US v. Lopez

Elastic Clause

Necessary and proper Clause

Influence of John Locke

Natural Rights- Life, Liberty, and Property

Influenced the Declaration of Independence

Shay’s Rebellion

Uprising of farmers who were heavily in debt and facing foreclosure

Federal govn’t couldn’t stop them because they relied on state militias

First step to the throwing away of the AOC