AP Gov Required Info

Required documents, court cases, etc. for the AP test.

Marbury vs. Madison (1803)

Marbury vs. Madison (1803)

Principle/Clause: Article III- Judicial Review Holding: The Supreme Court is allowed to nullify an act of the legislative or executive branch that violates the Constitution

McCulloch vs. Maryland (1819)

Principle/Clause: Elastic Clause (Necessary and Proper Clause)/ Supremacy Clause Holding: Established supremacy of the US Constitution and federal laws over state laws

Schenck v. United States (1919)

Principle/Clause: First Amendment Free Speech Holding: Speech creating a "clear and present danger" is not protected

Brown v. Board of Education I (1954)

Principle/Clause: 14th Amendment Equal Protection Clause Holding: Raced based segregation is illegal

Baker v. Carr (1961)

Principle/Clause: 14th Amendment Equal Protection Clause Holding: Established "one man, one vote" and opens door to courts to reviewing redistricting challenges

Engle v. Vitale (1962)

Principle/Clause: 1st Amendment Establishment Clause Holding: Schools cannot sponsor religious activities. No state sponsored prayer

Gideon v. Wainwright (1963)

Principle/Clause: Sixth Amendment Right to Counsel Holding: Guarantee of an attorney for the poor or indigent

Tinker v. Des Moines Independent Community School District (1969)

Principle/Clause: First Amendment- Freedom of Speech (Symbolic Speech) Holding: Public school students have the right to wear black armbands in school to protest the Vietnam War because it does not cause a disruption

New York Times Co. V. United States (1971)

Principle/Clause: First Amendment- Freedom of Press Holding: Establishes a "heavy presumption against prior restraint" even in cases involving national security

Wisconsin v. Yoder (1972)

Principle/Clause: First Amendment- Free Exercise Clause Holding: Cannot compel Amish students to attend school past the eighth grade

Roe v. Wade (1973)

Principle/Clause: Due Process Clause and 9th Amendment implied right of privacy (establish through Griswold v. CT) Holding: Protects the right of a woman to have an abortion

Shaw v. Reno (1993)

Principle/Clause: 14th Amendment Equal Protection Clause Holding: Legislative redistricting must be conscious of race

United States v. Lopez (1995)

Principle/Clause: Commerce Clause Holding: Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime

McDonald v. Chicago (2010)

Principle/Clause: 14th Amendment due process clause, Privileges and Immunities Clause, 2nd amendment Holding: Right to keep and bear arms for self-defense applies to the states

Citizens United v. FEC (2010)

Principle/Clause: 1st Amendment Free Speech Holding: Political spending by corporations, associations, and labor unions is protected and cannot be limited by law; Money = Speech

Declaration of Independence

Natural rights - people are born with them; government to protect them Popular sovereignty - people = source of power; abolish unjust gov't. Social contract

Articles of Confederation

States were sovereign Each state had 1 vote Congress couldn't collect taxes or regulate interstate commerce No executive or judicial branches States basically did what they wanted

Constitution

Separation of powers Checks and balances Federalism Republican form of government Limited government Bill of Rights and amendments

Federalist #10

Madison says factions are the biggest threat facing republic Factions are groups that don't want what's best for everyone Factions are inevitable because of liberty - can't get rid of them without taking away liberty You can control negative effects of factions but not through democracy - that would lead to tyranny of majority Rather, best solution to control effects is a large republic

Brutus #1

Advocates for small republic Warns that if you give up power, you will never get it back Elastic clause is fearful because it gives the government absolute power Power to tax leads to tyrannical government Federal government would destroy the states

Federalist #51

Since men aren't angels, there is a need for government to limit the ambition of men However, need for limited government because they can become corrupt Separation of powers - divide power amongst the 3 branches in order to counteract ambition Checks and balances - each branch will guard its own power and keep the other branches in check Congress has the most power of the 3 hence it's divided into 2 houses so they can check each other's powers

Federalist #70

Hamilton argues for unitary executive Executive must be strong and energetic Congress needs to be slow to act while executive needs to act fast and one person can act faster than group

Federalist #78

Judiciary is the least dangerous branch because they can't make laws, declare war or even enforce their own rulings Life terms for judges so they are not bound to political/outside pressure Power of judicial review

Letter from a Birmingham Jail

Demand that the ideals of the DoI and Constitution (14th amendment) finally applied to all List of grievances (similar to DoI) Freedom has never been given, only get when demanded Advocates for civil disobedience

Constitution-Article 1

Creates the two parts of Congress. They are responsible for making laws.

Constitution-Article 2

Creates the job of President, called the Executive. Responsible for enforcing the laws.

Constitution-Article 3

Establishes Judges, called the Judiciary. They decide if a law is allowable, or if it goes against the Constitution.

Constitution-Article 4

States Rights.

Constitution-Article 5

How to change the Constitution.

Constitution-Article 6

Concerns the United States.

Constitution-Article 7

Explained how the Constitution was agreed to.

1st Amendment

Protects the people's right to practice religion, to speak freely, to assemble (meet), to address the government and of the press to publish.

2nd Amendment

Protects the right to own guns.

3rd Amendment

Guarantees that the army cannot force homeowners to give them room and board.

4th Amendment

Protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).

5th Amendment

Protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, and that you need not be forced to testify against yourself. It also contains due process guarantees.

6th Amendment

Guarantees a speedy trial, an impartial jury, and that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.

7th Amendment

Guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.

8th Amendment

Guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.

9th Amendment

Simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.

10th Amendment

Says that any power not granted to the federal government belongs to the states.

11th Amendment

Enacted on February 7, 1795 Says how someone from one state can sue another state.

12th Amendment

Enacted on June 15, 1804 Redefines how the President and Vice-President are chosen by the Electoral College.

13th Amendment

Enacted on December 6, 1865 Abolished slavery in the entire United States.

14th Amendment

Enacted on July 9, 1868 People had rights on the federal level and on the state level, too. Dealt with citizenship, due process, equal protection under the law.

15th Amendment

Enacted on February 3, 1870 Ensured that a person's race could not be used as criteria for voting.

16th Amendment

Enacted on February 3, 1913 Authorizes the United States to collect income taxes.

17th Amendment

Enacted on April 8, 1913 Shifted the choosing of Senators from the state legislatures to the people of the states.

18th Amendment

Enacted on January 16, 1919 Abolished the sale or manufacture of alcohol in the United States.

19th Amendment

Enacted on August 18, 1920 Women's suffrage.

20th Amendment

Enacted on January 23, 1933 Set new start dates for the terms of the Congress and the President.

21st Amendment

Enacted on December 5, 1933 Repealed the 18th Amendment.

22nd Amendment

Enacted on February 27, 1951 Set a limit on the number of times a President could be elected - two four-year terms.

23rd Amendment

Enacted on March 29, 1961 Grants the Washington D.C. the right to three electors in Presidential elections.

24th Amendment

Enacted on January 23, 1964 Ensured that no tax could be charged to vote for any federal office.

25th Amendment

Enacted on February 10, 1967 Establishes rules for a President who becomes unable to perform his duties while in office.

26th Amendment

Enacted on July 1, 1971 Ensures that any person 18 or over may vote.

27th Amendment

Enacted on May 7, 1992 Any law that increased the pay of legislators may not take effect until after an election.